BILL REQ. #: H-4386.6
| State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 02/27/12. Referred to Committee on Ways & Means.
AN ACT Relating to addressing local government fiscal matters by revising local government duties, assistance, and revenues; amending RCW 43.09.260, 41.56.030, 90.48.260, 35.22.288, 35A.12.160, 36.72.071, 36.22.020, 36.29.010, 36.32.120, 36.32.235, 36.32.245, 36.32.250, 36.34.020, 36.34.090, 36.34.160, 36.34.170, 36.35.120, 36.35.180, 36.36.020, 36.38.030, 36.40.060, 36.40.100, 36.40.140, 36.55.040, 36.58.090, 36.58.110, 36.58A.020, 36.60.020, 36.60.120, 36.61.040, 36.61.100, 36.61.190, 36.68.440, 36.68.470, 36.69.040, 36.69.230, 36.69.280, 36.70.390, 36.70.430, 36.70.440, 36.70.590, 36.70A.035, 36.70A.367, 36.73.050, 36.75.270, 36.81.070, 36.82.190, 36.83.020, 36.87.050, 36.88.030, 36.88.050, 82.14.350, 82.14.450, 82.14.460, 82.02.020, 82.14.310, 82.14.320, 82.14.330, 82.14.370, 66.24.290, 82.08.160, 82.08.170, 43.110.030, 66.08.190, 66.08.196, 35A.66.020, 36.70A.340, 70.94.390, 70.96A.087, 43.63A.190, 43.101.200, 43.101.220, 43.101.224, 43.101.225, 43.101.227, 43.101.290, 43.101.350, 43.101.370, 2.56.030, 3.62.050, and 43.08.250; reenacting and amending RCW 36.70B.110 and 36.77.070; adding new sections to chapter 82.14 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 43.43 RCW; adding a new chapter to Title 82 RCW; creating new sections; repealing RCW 82.14.300, 82.08.180, 43.110.050, 43.110.060, 66.08.200, 66.08.210, 3.50.480, 3.58.060, and 35.20.280; repealing 2005 c 457 s 1 (uncodified); providing effective dates; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101 (1) The legislature recognizes that
declining tax revenues, decreasing federal and state aid, and
increasing demands for services have forced city and county governments
to make difficult choices about the types and scale of services
provided to citizens, businesses, and employees. The legislature also
recognizes that cities and counties, while responding to these fiscal
pressures, continue the challenging and critical responsibilities of
balancing community needs with those advanced and required by the
state.
(2) In recognition of the impacts to city and county governments
resulting from declining tax revenues, decreasing aid, and increasing
service demands, the legislature intends to provide cities and counties
with policy options and directives for reducing their nontax
administration operating costs.
Sec. 102 RCW 43.09.260 and 2009 c 564 s 927 are each amended to
read as follows:
(1) Except as provided otherwise by this section, the examination
of the financial affairs of all local governments ((shall)) must be
made at such reasonable, periodic intervals as the state auditor
((shall)) determines. However, an examination of the financial affairs
of all local governments ((shall)), excepting counties and cities, must
be made at least once ((in)) every three years, and an examination of
individual local government health and welfare benefit plans and local
government self-insurance programs ((shall)) must be made at least once
every two years. Except as provided otherwise in subsection (2) of
this section, an examination of county and city financial affairs may
only be made once every three years.
(2) ((During the 2009-2011 fiscal biennium, the state auditor shall
conduct audits no more often than once every two years of local
governments with annual general fund revenues of ten million dollars or
less and no findings of impropriety for the three-year period
immediately preceding the audit period.)) This ((subsection)) section
does not prohibit the state auditor from conducting audits:
(a) To address suspected fraud or irregular conduct;
(b) At the request of the local government governing body; ((or))
(c) As required by federal laws or regulations; or
(d) For local governments, including counties and cities, that had
a finding involving a significant violation of state law or weakness in
internal controls in the preceding year.
(3) Unless the context or express provisions provide otherwise, the
term local governments, for purposes of this chapter, includes but is
not limited to all counties, cities, and other political subdivisions,
municipal corporations, and quasi-municipal corporations, however
denominated.
(4) ((The state auditor shall establish a schedule to govern the
auditing of local governments which shall include: A designation of
the various classifications of local governments; a designation of the
frequency for auditing each type of local government; and a description
of events which cause a more frequent audit to be conducted.)) On every such examination, inquiry ((
(5)shall)) must be made as
to the financial condition and resources of the local government;
whether the Constitution and laws of the state, the ordinances and
orders of the local government, and the requirements of the state
auditor have been properly complied with; and into the methods and
accuracy of the accounts and reports.
(((6))) (5) A report of such examination ((shall)) must be made and
filed in the office of state auditor, and one copy ((shall)) must be
transmitted to the local government. A copy of any report containing
findings of noncompliance with state law ((shall)) must be transmitted
to the attorney general. If any such report discloses malfeasance,
misfeasance, or nonfeasance in office on the part of any public officer
or employee, within thirty days from the receipt of his or her copy of
the report, the attorney general ((shall)) must institute, in the
proper county, such legal action as is proper in the premises by civil
process and prosecute the same to final determination to carry into
effect the findings of the examination.
(((7))) (6) It ((shall be)) is unlawful for any local government or
the responsible head thereof, to make a settlement or compromise of any
claim arising out of such malfeasance, misfeasance, or nonfeasance, or
any action commenced therefor, or for any court to enter upon any
compromise or settlement of such action, without the written approval
and consent of the attorney general and the state auditor.
Sec. 103 RCW 41.56.030 and 2011 1st sp.s. c 21 s 11 are each
amended to read as follows:
As used in this chapter:
(1) "Adult family home provider" means a provider as defined in RCW
70.128.010 who receives payments from the medicaid and state-funded
long-term care programs.
(2) "Bargaining representative" means any lawful organization which
has as one of its primary purposes the representation of employees in
their employment relations with employers.
(3) "Child care subsidy" means a payment from the state through a
child care subsidy program established pursuant to RCW 74.12.340 or
74.08A.340, 45 C.F.R. Sec. 98.1 through 98.17, or any successor
program.
(4) "Collective bargaining" means the performance of the mutual
obligations of the public employer and the exclusive bargaining
representative to meet at reasonable times, to confer and negotiate in
good faith, and to execute a written agreement with respect to
grievance procedures and collective negotiations on personnel matters,
including wages, hours and working conditions, which may be peculiar to
an appropriate bargaining unit of such public employer, but excluding
the use of volunteers by counties and cities, except that by such
obligation neither party ((shall)) may be compelled to agree to a
proposal or be required to make a concession unless otherwise provided
in this chapter.
(5) "Commission" means the public employment relations commission.
(6) "Executive director" means the executive director of the
commission.
(7) "Family child care provider" means a person who: (a) Provides
regularly scheduled care for a child or children in the home of the
provider or in the home of the child or children for periods of less
than twenty-four hours or, if necessary due to the nature of the
parent's work, for periods equal to or greater than twenty-four hours;
(b) receives child care subsidies; and (c) is either licensed by the
state under RCW 74.15.030 or is exempt from licensing under chapter
74.15 RCW.
(8) "Individual provider" means an individual provider as defined
in RCW 74.39A.240(4) who, solely for the purposes of collective
bargaining, is a public employee as provided in RCW 74.39A.270.
(9) "Institution of higher education" means the University of
Washington, Washington State University, Central Washington University,
Eastern Washington University, Western Washington University, The
Evergreen State College, and the various state community colleges.
(10)(a) "Language access provider" means any independent contractor
who provides spoken language interpreter services for department of
social and health services appointments or medicaid enrollee
appointments, or provided these services on or after January 1, 2009,
and before June 10, 2010, whether paid by a broker, language access
agency, or the department.
(b) "Language access provider" does not mean an owner, manager, or
employee of a broker or a language access agency.
(11) "Public employee" means any employee of a public employer
except any person (a) elected by popular vote, or (b) appointed to
office pursuant to statute, ordinance or resolution for a specified
term of office as a member of a multimember board, commission, or
committee, whether appointed by the executive head or body of the
public employer, or (c) whose duties as deputy, administrative
assistant or secretary necessarily imply a confidential relationship to
(i) the executive head or body of the applicable bargaining unit, or
(ii) any person elected by popular vote, or (iii) any person appointed
to office pursuant to statute, ordinance or resolution for a specified
term of office as a member of a multimember board, commission, or
committee, whether appointed by the executive head or body of the
public employer, or (d) who is a court commissioner or a court
magistrate of superior court, district court, or a department of a
district court organized under chapter 3.46 RCW, or (e) who is a
personal assistant to a district court judge, superior court judge, or
court commissioner. For the purpose of (e) of this subsection, no more
than one assistant for each judge or commissioner may be excluded from
a bargaining unit.
(12) "Public employer" means any officer, board, commission,
council, or other person or body acting on behalf of any public body
governed by this chapter, or any subdivision of such public body. For
the purposes of this section, the public employer of district court or
superior court employees for wage-related matters is the respective
county legislative authority, or person or body acting on behalf of the
legislative authority, and the public employer for nonwage-related
matters is the judge or judge's designee of the respective district
court or superior court.
(13) "Uniformed personnel" means: (a) Law enforcement officers as
defined in RCW 41.26.030 employed by the governing body of any city or
town with a population of two thousand five hundred or more and law
enforcement officers employed by the governing body of any county with
a population of ten thousand or more; (b) correctional employees who
are uniformed and nonuniformed, commissioned and noncommissioned
security personnel employed in a jail as defined in RCW 70.48.020(9),
by a county with a population of seventy thousand or more, and who are
trained for and charged with the responsibility of controlling and
maintaining custody of inmates in the jail and safeguarding inmates
from other inmates; (c) general authority Washington peace officers as
defined in RCW 10.93.020 employed by a port district in a county with
a population of one million or more; (d) security forces established
under RCW 43.52.520; (e) firefighters as that term is defined in RCW
41.26.030; (f) employees of a port district in a county with a
population of one million or more whose duties include crash fire
rescue or other firefighting duties; (g) employees of fire departments
of public employers who dispatch exclusively either fire or emergency
medical services, or both; or (h) employees in the several classes of
advanced life support technicians, as defined in RCW 18.71.200, who are
employed by a public employer.
Sec. 104 RCW 90.48.260 and 2011 c 353 s 12 are each amended to
read as follows:
(1) The department of ecology is hereby designated as the state
water pollution control agency for all purposes of the federal clean
water act as it exists on February 4, 1987, and is hereby authorized to
participate fully in the programs of the act as well as to take all
action necessary to secure to the state the benefits and to meet the
requirements of that act. With regard to the national estuary program
established by section 320 of that act, the department ((shall)) must
exercise its responsibility jointly with the Puget Sound partnership,
created in RCW 90.71.210. The department of ecology may delegate its
authority under this chapter, including its national pollutant
discharge elimination permit system authority and duties regarding
animal feeding operations and concentrated animal feeding operations,
to the department of agriculture through a memorandum of understanding.
Until any such delegation receives federal approval, the department of
agriculture's adoption or issuance of animal feeding operation and
concentrated animal feeding operation rules, permits, programs, and
directives pertaining to water quality ((shall)) must be accomplished
after reaching agreement with the director of the department of
ecology. Adoption or issuance and implementation ((shall)) must be
accomplished so that compliance with such animal feeding operation and
concentrated animal feeding operation rules, permits, programs, and
directives will achieve compliance with all federal and state water
pollution control laws. The powers granted herein include, among
others, and notwithstanding any other provisions of this chapter
((90.48 RCW)) or otherwise, the following:
(a) Complete authority to establish and administer a comprehensive
state point source waste discharge or pollution discharge elimination
permit program which will enable the department to qualify for full
participation in any national waste discharge or pollution discharge
elimination permit system and will allow the department to be the sole
agency issuing permits required by such national system operating in
the state of Washington subject to the provisions of RCW 90.48.262(2).
Program elements authorized herein may include, but are not limited to:
(i) Effluent treatment and limitation requirements together with timing
requirements related thereto; (ii) applicable receiving water quality
standards requirements; (iii) requirements of standards of performance
for new sources; (iv) pretreatment requirements; (v) termination and
modification of permits for cause; (vi) requirements for public notices
and opportunities for public hearings; (vii) appropriate relationships
with the secretary of the army in the administration of his
responsibilities which relate to anchorage and navigation, with the
administrator of the environmental protection agency in the performance
of his duties, and with other governmental officials under the federal
clean water act; (viii) requirements for inspection, monitoring, entry,
and reporting; (ix) enforcement of the program through penalties,
emergency powers, and criminal sanctions; (x) a continuing planning
process; and (xi) user charges.
(b) The power to establish and administer state programs in a
manner which will insure the procurement of moneys, whether in the form
of grants, loans, or otherwise; to assist in the construction,
operation, and maintenance of various water pollution control
facilities and works; and the administering of various state water
pollution control management, regulatory, and enforcement programs.
(c) The power to develop and implement appropriate programs
pertaining to continuing planning processes, area-wide waste treatment
management plans, and basin planning.
(2) The governor ((shall have)) has authority to perform those
actions required of him or her by the federal clean water act.
(((2))) (3) By July 31, 2012, the department ((shall)) must:
(a) Reissue without modification and for a term of one year any
national pollutant discharge elimination system municipal storm water
general permit first issued on January 17, 2007; and
(b) Issue an updated national pollutant discharge elimination
system municipal storm water general permit for any permit first issued
on January 17, 2007. An updated permit issued under this subsection
((shall)) becomes effective beginning August 1, 2013.
(4) For phase II permittees located west of the crest of the
Cascade mountains, the issuance of a permit under subsection (3)(b) of
this section must include a process providing for the following:
(a) Technical training regarding the benefits of low-impact
development including, but not limited to, when the use of low-impact
development is appropriate and feasible, and the design, installation,
maintenance, and best practices of low-impact development. The
technical training required by this subsection (4)(a) must be provided
by the department of commerce, and the Washington State University
extension LID technical training program or equivalent organization,
and must be provided to phase II permittees and the private development
community including builders, engineers, and other industry
professionals. The training required by this subsection (4)(a) must be
sequenced geographically and provided in time for local jurisdictions
to comply with (b) of this subsection and RCW 36.70A.130(5); and
(b) In accordance with the schedule established in this subsection
(4)(b), a review and revision by phase II permittees of their local
development-related codes, rules, standards, or other enforceable
documents to remove barriers to, and to specifically authorize, the
application of low-impact development principles and low-impact
development best management practices in new and redevelopment. In
completing this review, the permittees must identify opportunities to
minimize impervious surfaces, native vegetation loss, and storm water
runoff in all categories of developments. The local jurisdiction, in
completing this review, retains authority to preserve development
regulations or other codes necessary to protect public safety,
community character, and to implement other priorities of the
jurisdiction. The requirements of this subsection (4)(b) must be
completed in accordance with the following schedule:
(i) On or before June 30, 2015, for phase II permittees in King,
Pierce, and Snohomish counties;
(ii) On or before June 30, 2016, for phase II permittees in
Clallam, Clark, Island, Jefferson, Kitsap, Mason, San Juan, Skagit,
Thurston, and Whatcom counties;
(iii) On or before June 30, 2017, for phase II permittees in
Cowlitz, Lewis, and Skamania counties; and
(iv) On or before June 30, 2018, for phase II permittees in Grays
Harbor, Pacific, and Wahkiakum counties.
(4) A permit issued under subsection (3)(b) of this section must:
(a) Authorize incentives to permittees to require low-impact
development, and must include:
(i) Incentives for reduced catch basin inspection frequency, not to
exceed once per permit cycle;
(ii) Incentives for a twenty-five percent reduction in dues to any
regional monitoring program; and
(iii) A priority for competitive storm water grants issued by the
department of ecology;
(b) Authorize permittees to offer the following incentives to
prospective developers who use low-impact development techniques and
best practices consistent with the permit:
(i) The creation of a dedicated low-impact development review team
in a jurisdiction or an expedited review;
(ii) Adjustments to bulk, dimensional, or height restrictions;
(iii) Adjustments to parking requirements;
(iv) Public recognition;
(v) Reduced application fees; and
(vi) The authority to site low-impact development facilities within
critical areas buffers of wetlands and streams;
(c) Specify that jurisdictions become eligible for the incentives
in (a)(i) through (iii) of this subsection if:
(i) The jurisdiction requires low-impact development, where
feasible, in more than fifty percent of an area subject to a permit and
zoned for development and offers two or more of the incentives in (b)
of this subsection; or
(ii) The department of ecology certifies the jurisdiction's
eligibility based on the strength of a different incentive program;
(d) Specify that the review and revision of local development codes
as directed under subsection (4)(b) of this section is a requirement
under this chapter, not the federal clean water act;
(e) Maintain the option for jurisdictions to provide for a
distinction in storm water treatment responsibility for developments
above and below one acre in size; and
(f) Obligate the department of ecology to develop model practices
and multiple options for jurisdictions to ensure ongoing maintenance of
storm water treatment and control facilities owned by private parties
at a low cost and liability for permittees. These options must be
available and tested before they become a permit obligation.
(5) For phase II permittees located east of the crest of the
Cascade mountains, the permit issued under subsection (3)(b) of this
section must provide for the following:
(a) A process for the department of ecology to develop, throughout
the course of the next permit, a collaborative program to monitor the
effectiveness of storm water treatments required by the updated
national pollutant discharge elimination system municipal storm water
general permit; and
(b) An option for jurisdictions to elect to have the department of
ecology perform any responsibilities related to measuring the
effectiveness of public education and outreach techniques.
(6) In preparation for subsequent updated national pollutant
discharge elimination system municipal storm water general permits, the
department of ecology must review the experiences of the jurisdictions
selecting and not selecting to incentivize and require low-impact
development when considering whether and how to expand requirements
related to low-impact development.
NEW SECTION. Sec. 105 (1) Statewide organizations representing
local public health officials, counties, and cities must convene a work
group that includes four local health jurisdiction representatives, two
elected county representatives, two elected city representatives, and
the secretary of the department of health or his or her designee. The
work group must develop recommendations to the legislature on preferred
funding and service delivery methods that will ensure the presence of
a cost-effective, nimble, responsive, and sustainable public health
system throughout Washington. All necessary efforts must be made to
ensure that work group members represent the economic and geographic
diversity of Washington's local health jurisdictions, counties, and
cities.
(2) The work group must submit its initial recommendations to the
appropriate legislative committees by January 1, 2013.
(3) This section expires June 30, 2013.
Sec. 106 RCW 35.22.288 and 1994 c 273 s 7 are each amended to
read as follows:
(1) Promptly after adoption, the text of each ordinance ((or)) must
be posted on the city's web site and available as a paper copy at a
location designated by the city legislative authority. Additionally,
and promptly after adoption, the city must publish a summary of the
content of each ordinance ((shall be published)) at least once in the
official newspaper of the city.
(2) For purposes of this section, a summary ((shall mean)) is a
brief description ((which)) of fifty or fewer words that succinctly
describes the main points of the ordinance. Publication of the title
of an ordinance authorizing the issuance of bonds, notes, or other
evidences of indebtedness ((shall)) constitutes publication of a
summary of that ordinance. When the city publishes a summary, the
publication ((shall)) must include a statement that the full text of
the ordinance is available through the city's web site and will be
mailed upon request.
((An inadvertent mistake or omission in publishing the text or a
summary of the content of)) (3) A failure to publish an ordinance
((shall)) does not render the ordinance invalid.
(4) In addition to the requirement that a city publish the text or
a summary of the content of each adopted ordinance, every city
((shall)) must establish a procedure for notifying the public of
upcoming hearings and the preliminary agenda for the forthcoming
council meeting. Such procedure may include, but ((not be)) is neither
required nor limited to, posting on the city's web site, written
notification to the city's official newspaper, publication of a notice
in the official newspaper, posting of upcoming council meeting agendas,
or such other processes as the city determines will satisfy the intent
of this requirement.
Sec. 107 RCW 35A.12.160 and 1994 c 273 s 15 are each amended to
read as follows:
(1) Promptly after adoption, the text of each ordinance ((or)) must
be posted on the city's web site and available as a paper copy at a
location designated by the city legislative authority. Additionally,
and promptly after adoption, the city must publish a summary of the
content of each ordinance ((shall be published)) at least once in the
city's official newspaper.
(2) For purposes of this section, a summary ((shall mean)) is a
brief description ((which)) of fifty or fewer words that succinctly
describes the main points of the ordinance. Publication of the title
of an ordinance authorizing the issuance of bonds, notes, or other
evidences of indebtedness ((shall)) constitutes publication of a
summary of that ordinance. When the city publishes a summary, the
publication ((shall)) must include a statement that the full text of
the ordinance is available through the city's web site and will be
mailed upon request.
((An inadvertent mistake or omission in publishing the text or a
summary of the content of)) (3) A failure to publish an ordinance
((shall)) does not render the ordinance invalid.
(4) In addition to the requirement that a city publish the text or
a summary of the content of each adopted ordinance, every city
((shall)) must establish a procedure for notifying the public of
upcoming hearings and the preliminary agenda for the forthcoming
council meeting. Such procedure may include, but ((not be)) is neither
required nor limited to, posting on the city's web site, written
notification to the city's official newspaper, publication of a notice
in the official newspaper, posting of upcoming council meeting agendas,
or such other processes as the city determines will satisfy the intent
of this requirement.
Sec. 108 RCW 36.72.071 and 1977 c 34 s 1 are each amended to read
as follows:
((All county officers shall cause all legal notices and delinquent
tax lists to be advertised in the official county newspaper designated
by the county legislative authority.)) (1) In accordance with
applicable time frame requirements, the text of each legal or official
notice must be posted on the county's web site and available as a paper
copy at a location designated by the originating county officer or
authority. Additionally, and in accordance with applicable time frame
requirements, the county must publish a summary of the content of each
legal or official notice in the official county newspaper designated by
the county legislative authority. Nothing in this section prohibits a
county from publishing the full text of legal or official notices in
the official county newspaper.
(2) For purposes of this section, a summary is a brief description
of fifty or fewer words that succinctly describes the main points of
the legal or official notice. Publication of the title of an ordinance
authorizing the issuance of bonds, notes, or other evidence of
indebtedness constitutes publication of a summary of that ordinance.
When the county publishes a summary, the summary must include a
statement that the full text of the legal or official notice is
available through the county's web site and at the location designated
by the originating county officer or authority.
(3) A failure to publish an ordinance does not render the ordinance
invalid.
Sec. 109 RCW 36.22.020 and 1995 c 194 s 2 are each amended to
read as follows:
It ((shall be)) is the duty of the county auditor of each county,
within fifteen days after the adjournment of each regular session, to
publish a summary of the proceedings of the legislative authority at
such term, in any newspaper published in the county or having a general
circulation therein, or the auditor may post copies of such proceedings
in three of the most public places in the county. The seal of the
county commissioners for each county, used by the county auditor as
clerk to attest the proceedings of the legislative authority, ((shall))
must be and remain in the custody of the county auditor, and the
auditor is hereby authorized to use such seal in attestation of all
official acts, whether as clerk of the legislative authority, as
auditor or recorder of deeds; and all certificates, exemplifications of
records, or other acts performed as county auditor, certified under the
seal of the county commissioners, pursuant to this section, in this
state, ((shall be)) are as valid and legally binding as though attested
by a seal of office of the county auditor.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 110 RCW 36.29.010 and 2005 c 502 s 2 are each amended to
read as follows:
(1) The county treasurer must:
(((1) Shall)) (a) Receive all money due the county and disburse it
on warrants issued and attested by the county auditor and electronic
funds transfer under RCW 39.58.750 as attested by the county auditor;
(((2) Shall)) (b) Issue a receipt in duplicate for all money
received other than taxes; the treasurer ((shall)) must deliver
immediately to the person making the payment the original receipt and
the duplicate ((shall)) must be retained by the treasurer;
(((3) Shall)) (c) Affix on the face of all paid warrants the date
of redemption or, in the case of proper contract between the treasurer
and a qualified public depositary, the treasurer may consider the date
affixed by the financial institution as the date of redemption;
(((4) Shall)) (d) Endorse, before the date of issue by the county
or by any taxing district for whom the county treasurer acts as
treasurer, on the face of all warrants for which there are not
sufficient funds for payment, "interest bearing warrant." When there
are funds to redeem outstanding warrants, the county treasurer
((shall)) must give notice:
(((a))) (i) By publication in a legal newspaper published or
circulated in the county; or
(((b))) (ii) By posting at three public places in the county if
there is no such newspaper; or
(((c))) (iii) By notification to the financial institution holding
the warrant;
(((5) Shall)) (e) Pay interest on all interest-bearing warrants
from the date of issue to the date of notification;
(((6) Shall)) (f) Maintain financial records reflecting receipts
and disbursement by fund in accordance with generally accepted
accounting principles;
(((7) Shall)) (g) Account for and pay all bonded indebtedness for
the county and all special districts for which the county treasurer
acts as treasurer; and
(((8) Shall)) (h) Invest all funds of the county or any special
district in the treasurer's custody, not needed for immediate
expenditure, in a manner consistent with appropriate statutes. If cash
is needed to redeem warrants issued from any fund in the custody of the
treasurer, the treasurer ((shall)) must liquidate investments in an
amount sufficient to cover such warrant redemptions((; and)).
(((9))) (2) The county treasurer may provide certain collection
services for county departments.
The treasurer, at the expiration of the term of office, ((shall))
must make a complete settlement with the county legislative authority,
and ((shall)) must deliver to the successor all public money, books,
and papers in the treasurer's possession.
(3) Money received by all entities for whom the county treasurer
serves as treasurer must be deposited within twenty-four hours in an
account designated by the county treasurer unless a waiver is granted
by the county treasurer in accordance with RCW 43.09.240.
(4) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 111 RCW 36.32.120 and 2003 c 337 s 6 are each amended to
read as follows:
(1) The legislative authorities of the several counties ((shall))
must:
(((1))) (a) Provide for the erection and repairing of court houses,
jails, and other necessary public buildings for the use of the county;
(((2))) (b) Lay out, discontinue, or alter county roads and
highways within their respective counties, and do all other necessary
acts relating thereto according to law, except within cities and towns
which have jurisdiction over the roads within their limits;
(((3))) (c) License and fix the rates of ferriage; grant grocery
and other licenses authorized by law to be by them granted at fees set
by the legislative authorities which ((shall)) may not exceed the costs
of administration and operation of such licensed activities;
(((4))) (d) Fix the amount of county taxes to be assessed according
to the provisions of law, and cause the same to be collected as
prescribed by law;
(((5))) (e) Allow all accounts legally chargeable against the
county not otherwise provided for, and audit the accounts of all
officers having the care, management, collection, or disbursement of
any money belonging to the county or appropriated to its benefit;
(((6))) (f) Have the care of the county property and the management
of the county funds and business and in the name of the county
prosecute and defend all actions for and against the county, and such
other powers as are or may be conferred by law;
(((7))) (g) Make and enforce, by appropriate resolutions or
ordinances, all such police and sanitary regulations as are not in
conflict with state law, and within the unincorporated area of the
county may adopt by reference Washington state statutes and recognized
codes and/shall)) must be filed in the county
auditor's office one copy of such codes and compilations ten days prior
to their adoption by reference, and additional copies may also be filed
in library or city offices within the county as deemed necessary by the
county legislative authority: PROVIDED FURTHER, That no such
regulation, code, compilation, and/shall be)) is effective
unless before its adoption, a public hearing has been held thereon by
the county legislative authority of which at least ten days' notice has
been given. Any violation of such regulations, ordinances, codes,
compilations, and/shall)) constitutes a
misdemeanor or a civil violation subject to a monetary penalty:
PROVIDED FURTHER, That violation of a regulation, ordinance, code,
compilation, and/shall)) must be the same as the punishment
provided in state law for the same crime and no act that is a state
crime may be made a civil violation. The notice must set out a copy of
the proposed regulations or summarize the content of each proposed
regulation; or if a code is adopted by reference the notice ((shall))
must set forth the full official title and a statement describing the
general purpose of such code. For purposes of this subsection (1)(g),
a summary ((shall)) means a brief description which succinctly
describes the main points of the proposed regulation. When the county
publishes a summary, the publication ((shall)) must include a statement
that the full text of the proposed regulation will be mailed upon
request. An inadvertent mistake or omission in publishing the text or
a summary of the content of a proposed regulation ((shall)) may not
render the regulation invalid if it is adopted. The notice ((shall))
must also include the day, hour, and place of hearing and must be given
by publication in the newspaper in which legal notices of the county
are printed;
(((8))) (h) Have power to compound and release in whole or in part
any debt due to the county when in their opinion the interest of their
county will not be prejudiced thereby, except in cases where they or
any of them are personally interested;
(((9))) (i) Have power to administer oaths or affirmations
necessary in the discharge of their duties and commit for contempt any
witness refusing to testify before them with the same power as district
judges;
(((10))) (j) Have power to declare by ordinance what ((shall be))
is deemed a nuisance within the county, including but not limited to
"litter" and "potentially dangerous litter" as defined in RCW
70.93.030; to prevent, remove, and abate a nuisance at the expense of
the parties creating, causing, or committing the nuisance; and to levy
a special assessment on the land or premises on which the nuisance is
situated to defray the cost, or to reimburse the county for the cost of
abating it. This assessment ((shall)) constitutes a lien against the
property which ((shall be)) is of equal rank with state, county, and
municipal taxes.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 112 RCW 36.32.235 and 2009 c 229 s 6 are each amended to
read as follows:
(1) In each county with a population of four hundred thousand or
more which by resolution establishes a county purchasing department,
the purchasing department ((shall)) must enter into leases of personal
property on a competitive basis and purchase all supplies, materials,
and equipment on a competitive basis, for all departments of the
county, as provided in this chapter and chapter 39.04 RCW, except that
the county purchasing department is not required to make purchases that
are paid from the county road fund or equipment rental and revolving
fund.
(2) As used in this section, "public works" has the same definition
as in RCW 39.04.010.
(3) Except as otherwise specified in this chapter or in chapter
36.77 RCW, all counties subject to these provisions ((shall)) must
contract on a competitive basis for all public works after bids have
been submitted to the county upon specifications therefor. Such
specifications ((shall)) must be in writing and ((shall)) must be filed
with the clerk of the county legislative authority for public
inspection.
(4) An advertisement ((shall)) must be published in the county
official newspaper stating the time and place where bids will be
opened, the time after which bids will not be received, the character
of the work to be done, the materials and equipment to be furnished,
and that specifications therefor may be seen at the office of the clerk
of the county legislative authority. An advertisement ((shall)) must
also be published in a legal newspaper of general circulation in or as
near as possible to that part of the county in which such work is to be
done. If the county official newspaper is a newspaper of general
circulation covering at least forty percent of the residences in that
part of the county in which such public works are to be done, then the
publication of an advertisement of the applicable specifications in the
county official newspaper is sufficient. Such advertisements ((shall))
must be published at least once at least thirteen days prior to the
last date upon which bids will be received.
(5) The bids ((shall)) must be in writing, ((shall)) must be filed
with the clerk, ((shall)) must be opened and read in public at the time
and place named therefor in the advertisements, and after being opened,
((shall)) must be filed for public inspection. No bid may be
considered for public work unless it is accompanied by a bid deposit in
the form of a surety bond, postal money order, cash, cashier's check,
or certified check in an amount equal to five percent of the amount of
the bid proposed.
(6) The contract for the public work ((shall)) must be awarded to
the lowest responsible bidder. Any or all bids may be rejected for
good cause. The county legislative authority ((shall)) must require
from the successful bidder for such public work a contractor's bond in
the amount and with the conditions imposed by law.
(7) If the bidder to whom the contract is awarded fails to enter
into the contract and furnish the contractor's bond as required within
ten days after notice of the award, exclusive of the day of notice, the
amount of the bid deposit ((shall be)) is forfeited to the county and
the contract awarded to the next lowest and best bidder. The bid
deposit of all unsuccessful bidders ((shall)) must be returned after
the contract is awarded and the required contractor's bond given by the
successful bidder is accepted by the county legislative authority.
Immediately after the award is made, the bid quotations obtained
((shall)) must be recorded and open to public inspection and ((shall))
must be available by telephone inquiry.
(8)(a) As limited by subsection (10) of this section, a county
subject to these provisions may have public works performed by county
employees in any annual or biennial budget period equal to a dollar
value not exceeding ten percent of the public works construction
budget, including any amount in a supplemental public works
construction budget, over the budget period.
(b) Whenever a county subject to these provisions has had public
works performed in any budget period up to the maximum permitted amount
for that budget period, all remaining public works except emergency
work under subsection (12) of this section within that budget period
((shall)) must be done by contract pursuant to public notice and call
for competitive bids as specified in subsection (3) of this section.
The state auditor ((shall)) must report to the state treasurer any
county subject to these provisions that exceeds this amount and the
extent to which the county has or has not reduced the amount of public
works it has performed by public employees in subsequent years.
(9) If a county subject to these provisions has public works
performed by public employees in any budget period that are in excess
of this ten percent limitation, the amount in excess of the permitted
amount ((shall)) must be reduced from the otherwise permitted amount of
public works that may be performed by public employees for that county
in its next budget period. Ten percent of the motor vehicle fuel tax
distributions to that county ((shall)) must be withheld if two years
after the year in which the excess amount of work occurred, the county
has failed to so reduce the amount of public works that it has
performed by public employees. The amount withheld ((shall)) must be
distributed to the county when it has demonstrated in its reports to
the state auditor that the amount of public works it has performed by
public employees has been reduced as required.
(10)(a) In addition to the percentage limitation provided in
subsection (8) of this section, counties subject to these provisions
containing a population of four hundred thousand or more ((shall)) may
not have public employees perform a public works project in excess of
ninety thousand dollars if more than a single craft or trade is
involved with the public works project, or a public works project in
excess of forty-five thousand dollars if only a single craft or trade
is involved with the public works project. A public works project
means a complete project. The restrictions in this subsection do not
permit the division of the project into units of work or classes of
work to avoid the restriction on work that may be performed by public
employees on a single project.
(b) The cost of a separate public works project ((shall be)) is the
costs of materials, supplies, equipment, and labor on the construction
of that project. The value of the public works budget ((shall be)) is
the value of all the separate public works projects within the budget.
(11)(a) In addition to the accounting and recordkeeping
requirements contained in chapter 39.04 RCW, any county which uses
public employees to perform public works projects under RCW
36.32.240(1) ((shall)) must prepare a year-end report to be submitted
to the state auditor indicating the total dollar amount of the county's
public works construction budget and the total dollar amount for public
works projects performed by public employees for that year.
(b) The year-end report submitted pursuant to this subsection to
the state auditor ((shall)) must be in accordance with the standard
form required by RCW 43.09.205.
(12) Notwithstanding any other provision in this section, counties
may use public employees without any limitation for emergency work
performed under an emergency declared pursuant to RCW 36.32.270, and
any such emergency work ((shall)) is not ((be)) subject to the
limitations of this section. Publication of the description and
estimate of costs relating to correcting the emergency may be made
within seven days after the commencement of the work. Within two weeks
of the finding that such an emergency existed, the county legislative
authority ((shall)) must adopt a resolution certifying the damage to
public facilities and costs incurred or anticipated relating to
correcting the emergency. Additionally this section ((shall)) does not
apply to architectural and engineering or other technical or
professional services performed by public employees in connection with
a public works project.
(13)(a) In lieu of the procedures of subsections (3) through (11)
of this section, a county may let contracts using the small works
roster process provided in RCW 39.04.155.
(b) Whenever possible, the county ((shall)) must invite at least
one proposal from a minority or woman contractor who ((shall)) must
otherwise qualify under this section.
(14) The allocation of public works projects to be performed by
county employees ((shall)) are not ((be)) subject to a collective
bargaining agreement.
(15) This section does not apply to performance-based contracts, as
defined in RCW 39.35A.020(4), that are negotiated under chapter 39.35A
RCW.
(16) Nothing in this section prohibits any county from allowing for
preferential purchase of products made from recycled materials or
products that may be recycled or reused.
(17) This section does not apply to contracts between the public
stadium authority and a team affiliate under RCW 36.102.060(4), or
development agreements between the public stadium authority and a team
affiliate under RCW 36.102.060(7) or leases entered into under RCW
36.102.060(8).
(18) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 113 RCW 36.32.245 and 2007 c 88 s 1 are each amended to read
as follows:
(1) No contract for the purchase of materials, equipment, or
supplies may be entered into by the county legislative authority or by
any elected or appointed officer of the county until after bids have
been submitted to the county. Bid specifications ((shall)) must be in
writing and ((shall)) must be filed with the clerk of the county
legislative authority for public inspection. An advertisement
((shall)) must be published in the official newspaper of the county
stating the time and place where bids will be opened, the time after
which bids will not be received, the materials, equipment, supplies, or
services to be purchased, and that the specifications may be seen at
the office of the clerk of the county legislative authority. The
advertisement ((shall)) must be published at least once at least
thirteen days prior to the last date upon which bids will be received.
(2) The bids ((shall)) must be in writing and filed with the clerk.
The bids ((shall)) must be opened and read in public at the time and
place named in the advertisement. Contracts requiring competitive
bidding under this section may be awarded only to the lowest
responsible bidder. Immediately after the award is made, the bid
quotations ((shall)) must be recorded and open to public inspection and
((shall)) must be available by telephone inquiry. Any or all bids may
be rejected for good cause.
(3) For advertisement and formal sealed bidding to be dispensed
with as to purchases between five thousand and twenty-five thousand
dollars, the county legislative authority must use the uniform process
to award contracts as provided in RCW 39.04.190. Advertisement and
formal sealed bidding may be dispensed with as to purchases of less
than five thousand dollars upon the order of the county legislative
authority.
(4) This section does not apply to performance-based contracts, as
defined in RCW 39.35A.020(4), that are negotiated under chapter 39.35A
RCW; or contracts and purchases for the printing of election ballots,
voting machine labels, and all other election material containing the
names of candidates and ballot titles.
(5) Nothing in this section ((shall)) prohibits the legislative
authority of any county from allowing for preferential purchase of
products made from recycled materials or products that may be recycled
or reused.
(6) This section does not apply to contracting for public defender
services by a county.
(7) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 114 RCW 36.32.250 and 2009 c 229 s 8 are each amended to
read as follows:
(1) No contract for public works may be entered into by the county
legislative authority or by any elected or appointed officer of the
county until after bids have been submitted to the county upon
specifications therefor. Such specifications ((shall)) must be in
writing and ((shall)) must be filed with the clerk of the county
legislative authority for public inspection. An advertisement
((shall)) must be published in the county official newspaper stating
the time and place where bids will be opened, the time after which bids
will not be received, the character of the work to be done, the
materials and equipment to be furnished, and that specifications
therefor may be seen at the office of the clerk of the county
legislative authority. An advertisement ((shall)) must also be
published in a legal newspaper of general circulation in or as near as
possible to that part of the county in which such work is to be done.
If the county official newspaper is a newspaper of general circulation
covering at least forty percent of the residences in that part of the
county in which such public works are to be done, then the publication
of an advertisement of the applicable specifications in the county
official newspaper ((shall be)) is sufficient. Such advertisements
((shall)) must be published at least once at least thirteen days prior
to the last date upon which bids will be received. The bids ((shall))
must be in writing, ((shall)) must be filed with the clerk, ((shall))
must be opened and read in public at the time and place named therefor
in the advertisements, and after being opened, ((shall)) must be filed
for public inspection. No bid may be considered for public work unless
it is accompanied by a bid deposit in the form of a surety bond, postal
money order, cash, cashier's check, or certified check in an amount
equal to five percent of the amount of the bid proposed. The contract
for the public work ((shall)) must be awarded to the lowest responsible
bidder. Any or all bids may be rejected for good cause. The county
legislative authority ((shall)) must require from the successful bidder
for such public work a contractor's bond in the amount and with the
conditions imposed by law. If the bidder to whom the contract is
awarded fails to enter into the contract and furnish the contractor's
bond as required within ten days after notice of the award, exclusive
of the day of notice, the amount of the bid deposit ((shall be)) is
forfeited to the county and the contract awarded to the next lowest and
best bidder. A low bidder who claims error and fails to enter into a
contract is prohibited from bidding on the same project if a second or
subsequent call for bids is made for the project. The bid deposit of
all unsuccessful bidders ((shall)) must be returned after the contract
is awarded and the required contractor's bond given by the successful
bidder is accepted by the county legislative authority. In the letting
of any contract for public works involving less than forty thousand
dollars, advertisement and competitive bidding may be dispensed with on
order of the county legislative authority. Immediately after the award
is made, the bid quotations obtained ((shall)) must be recorded and
open to public inspection and ((shall)) must be available by telephone
inquiry.
(2) As an alternative to requirements under this section, a county
may let contracts using the small works roster process under RCW
39.04.155.
(3) This section does not apply to performance-based contracts, as
defined in RCW 39.35A.020(4), that are negotiated under chapter 39.35A
RCW.
(4) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 115 RCW 36.34.020 and 1991 c 363 s 66 are each amended to
read as follows:
(1) Whenever the county legislative authority desires to dispose of
any county property except:
(((1))) (a) When selling to a governmental agency;
(((2))) (b) When personal property to be disposed of is to be
traded in upon the purchase of a like article;
(((3))) (c) When the value of the property to be sold is less than
two thousand five hundred dollars;
(((4))) (d) When the county legislative authority by a resolution
setting forth the facts has declared an emergency to exist;
it ((shall)) must publish notice of its intention so to do once each
week during two successive weeks in a legal newspaper of general
circulation in the county.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 116 RCW 36.34.090 and 1997 c 393 s 5 are each amended to
read as follows:
(1) Whenever county property is to be sold at public auction,
consignment auction, or sealed bid, the county treasurer or the county
treasurer's designee ((shall)) must publish notice thereof once during
each of two successive calendar weeks in a newspaper of general
circulation in the county. Notice thereof must also be posted in a
conspicuous place in the courthouse. The posting and date of first
publication must be at least ten days before the day fixed for the
sale.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 117 RCW 36.34.160 and 1963 c 4 s 36.34.160 are each amended
to read as follows:
(1) When, in the judgment of the board of county commissioners, it
is found desirable to lease the land applied for, it ((shall)) must
first give notice of its intention to make such lease by publishing a
notice in a legal newspaper at least once a week for the term of three
weeks, and ((shall)) must also post a notice of such intention in a
conspicuous place in the courthouse for the same length of time. The
notice so published and posted ((shall)) must designate and describe
the property which is proposed to be leased, together with the
improvements thereon and appurtenances thereto, and ((shall)) must
contain a notice that the board of county commissioners will meet at
the county courthouse on a day and at an hour designated in the notice,
for the purpose of leasing the property which day and hour ((shall))
must be at a time not more than a week after the expiration of the time
required for the publication of the notice.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 118 RCW 36.34.170 and 1963 c 4 s 36.34.170 are each amended
to read as follows:
(1) Any person may appear at the meeting of the county
commissioners or any adjourned meeting thereof, and make objection to
the leasing of the property, which objection ((shall)) must be stated
in writing. In passing upon objections the board of county
commissioners ((shall)) must, in writing, briefly give its reasons for
accepting or rejecting the same, and such objections, and the reasons
for accepting or refusing the application, ((shall)) must be published
by the board in the next subsequent weekly issue of the newspaper in
which the notice of hearing was published.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 119 RCW 36.35.120 and 2001 c 299 s 10 are each amended to
read as follows:
(1) Real property acquired by any county of this state by
foreclosure of delinquent taxes may be sold by order of the county
legislative authority of the county when in the judgment of the county
legislative authority it is deemed in the best interests of the county
to sell the real property.
(2) When the legislative authority desires to sell any such
property it may, if deemed advantageous to the county, combine any or
all of the several lots and tracts of such property in one or more
units, and may reserve from sale coal, oil, gas, gravel, minerals,
ores, fossils, timber, or other resources on or in the lands, and the
right to mine for and remove the same, and it ((shall)) must then enter
an order on its records fixing the unit or units in which the property
((shall)) must be sold and the minimum price for each of such units,
and whether the sale will be for cash or whether a contract will be
offered, and reserving from sale such of the resources as it may
determine and from which units such reservations ((shall)) apply, and
directing the county treasurer to sell such property in the unit or
units and at not less than the price or prices and subject to such
reservations so fixed by the county legislative authority. The order
((shall be)) is subject to the approval of the county treasurer if
several lots or tracts of land are combined in one unit.
(3) Except in cases where the sale is to be by direct negotiation
as provided in RCW 36.35.150, it ((shall be)) is the duty of the county
treasurer upon receipt of such order to publish once a week for three
consecutive weeks a notice of the sale of such property in a newspaper
of general circulation in the county where the land is situated. The
notice ((shall)) must describe the property to be sold, the unit or
units, the reservations, and the minimum price fixed in the order,
together with the time and place and terms of sale, in the same manner
as foreclosure sales as provided by RCW 84.64.080.
(4) The person making the bid ((shall)) must state whether he or
she will pay cash for the amount of his or her bid or accept a real
estate contract of purchase in accordance with the provisions
hereinafter contained. The person making the highest bid ((shall))
becomes the purchaser of the property. If the highest bidder is a
contract bidder the purchaser ((shall be)) is required to pay thirty
percent of the total purchase price at the time of the sale and
((shall)) must enter into a contract with the county as vendor and the
purchaser as vendee which ((shall)) obligates and requires the
purchaser to pay the balance of the purchase price in ten equal annual
installments commencing November 1st and each year following the date
of the sale, and ((shall)) must require the purchaser to pay twelve
percent interest on all deferred payments, interest to be paid at the
time the annual installment is due; and may contain a provision
authorizing the purchaser to make payment in full at any time of any
balance due on the total purchase price plus accrued interest on such
balance. The contract ((shall)) must contain a provision requiring the
purchaser to pay before delinquency all subsequent taxes and
assessments that may be levied or assessed against the property
subsequent to the date of the contract, and ((shall)) must contain a
provision that time is of the essence of the contract and that in event
of a failure of the vendee to make payments at the time and in the
manner required and to keep and perform the covenants and conditions
therein required of him or her that the contract may be forfeited and
terminated at the election of the vendor, and that in event of the
election all sums theretofore paid by the vendee ((shall)) must be
forfeited as liquidated damages for failure to comply with the
provisions of the contract; and ((shall)) must require the vendor to
execute and deliver to the vendee a deed of conveyance covering the
property upon the payment in full of the purchase price, plus accrued
interest.
(5) The county legislative authority may, by order entered in its
records, direct the coal, oil, gas, gravel, minerals, ores, timber, or
other resources sold apart from the land, such sale to be conducted in
the manner hereinabove prescribed for the sale of the land. Any such
reserved minerals or resources not exceeding two hundred dollars in
value may be sold, when the county legislative authority deems it
advisable, either with or without such publication of the notice of
sale, and in such manner as the county legislative authority may
determine will be most beneficial to the county.
(6) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 120 RCW 36.35.180 and 2009 c 549 s 4075 are each amended to
read as follows:
(1) Upon filing a copy of the summons and notice in the office of
the county clerk, service thereof as against every interest in and
claim against any and every part of the property described in such
summons and notice, and every person, firm, or corporation, except one
who is in the actual, open and notorious possession of any of the
properties, ((shall)) must be had by publication in the official county
newspaper for six consecutive weeks; and no affidavit for publication
of such summons and notice ((shall be)) is required. In case special
assessments imposed by a city or town against any of the real property
described in the summons and notice remain outstanding, a copy of the
same ((shall)) must be served on the treasurer of the city or town
within which such real property is situated within five days after such
summons and notice is filed.
(2) The summons and notice in such action ((shall)) must contain
the title of the court; specify in general terms the years for which
the taxes were levied and the amount of the taxes and the costs for
which each tract of land was sold; give the legal description of each
tract of land involved, and the tax record owner thereof during the
years in which the taxes for which the property was sold were levied;
state that the purpose of the action is to foreclose all adverse claims
of every nature in and to the property described, and to have the title
of existing liens and claims of every nature against the described real
property, except that of the county, forever barred.
(3) The summons and notice ((shall)) must also summon all persons,
firms and corporations claiming any right, title and interest in and to
the described real property to appear within sixty days after the date
of the first publication, specifying the day and year, and state in
writing what right, title and interest they have or claim to have in
and to the property described, and file the same with the clerk of the
court above named; and ((shall)) must notify them that in case of their
failure so to do, judgment will be rendered determining that the title
to the real property is in the county free from all existing adverse
interests, rights or claims whatsoever((: PROVIDED, That)). However,
in case any of the lands involved is in the actual, open and notorious
possession of anyone at the time the summons and notice is filed, as
herein provided, a copy of the same modified as herein specified
((shall)) must be served personally upon such person in the same manner
as summons is served in civil actions generally. The summons ((shall))
must be substantially in the form above outlined, except that in lieu
of the statement relative to the date and day of publication it
((shall)) must require the person served to appear within twenty days
after the day of service, exclusive of the date of service, and that
the day of service need not be specified therein, and except further
that the recitals regarding the amount of the taxes and costs and the
years the same were levied, the legal description of the land and the
tax record owner thereof may be omitted except as to the land occupied
by the persons served.
(4) Every summons and notice provided for in RCW 36.35.160 through
36.35.270 ((shall)) must be subscribed by the prosecuting attorney of
the county, or by any successor or assign of the county or his or her
attorney, as the case may be, followed by the post office address of
the successor or assign.
(5) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 121 RCW 36.36.020 and 1985 c 425 s 2 are each amended to
read as follows:
(1) The county legislative authority of a county may create one or
more aquifer protection areas for the purpose of funding the
protection, preservation, and rehabilitation of subterranean water.
(2) When a county legislative authority proposes to create an
aquifer protection area it ((shall)) must conduct a public hearing on
the proposal. Notice of the public hearing ((shall)) must be published
at least once, not less than ten days prior to the hearing, in a
newspaper of general circulation within the proposed aquifer protection
area. The public hearing may be continued to other times, dates, and
places announced at the public hearing, without publication of the
notice. At the public hearing, the county legislative authority
((shall)) must hear objections and comments from anyone interested in
the proposed aquifer protection area.
(3) After the public hearing, the county legislative authority may
adopt a resolution causing a ballot proposition to be submitted to the
registered voters residing within the proposed aquifer protection area
to authorize the creation of the aquifer protection area, if the county
legislative authority finds that the creation of the aquifer protection
area would be in the public interest. The resolution ((shall)) must:
(((1))) (a) Describe the boundaries of the proposed aquifer protection
area; (((2))) (b) find that its creation is in the public interest;
(((3))) (c) state the maximum level of fees for the withdrawal of
water, or on-site sewage disposal, occurring in the aquifer protection
area, or both; and (((4))) (d) describe the uses for the fees.
(4) An aquifer protection area ((shall)) must be created by
ordinances of the county if the voters residing in the proposed aquifer
protection area approve the ballot proposition by a simple majority
vote. The ballot proposition ((shall)) must be in substantially the
following form:
"Shall the . . . (insert the name) aquifer protection area be created and authorized to impose monthly fees on . . . (insert "the withdrawal of water" or "on-site sewage disposal") of not to exceed . . . (insert a dollar amount) per household unit for up to . . . (insert a number of years) to finance . . . (insert the type of activities proposed to be financed)?
Yes. . . . . . . .
No . . . . . . . . "
Sec. 122 RCW 36.38.030 and 1963 c 4 s 36.38.030 are each amended
to read as follows:
(1) The ordinance levying and fixing the tax ((shall)) must be
headed by a title expressing the subject thereof, and the style of the
ordinance ((shall)) must be: "Be it ordained by the Board of County
Commissioners of . . . . . . County, State of Washington." The
ordinance ((shall)) must be enacted by a majority vote of the board at
a regular meeting thereof, and only after the form of such ordinance as
ultimately enacted has been on file with the clerk of the board and
open to public inspection for not less than ten days. The ordinance
((shall)) does not become effective until thirty days following its
enactment, and within five days following its enactment it ((shall))
must be printed and published in a newspaper of general circulation in
the county. The ordinance ((shall)) must be signed by a majority of
the board, attested by the clerk of the board, and ((shall)) must be
duly entered and recorded in the book wherein orders of the board are
entered and recorded. The ordinance may be at any time amended or
repealed by an ordinance enacted, published, and recorded in the same
manner.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 123 RCW 36.40.060 and 1985 c 469 s 47 are each amended to
read as follows:
(1) The county legislative authority ((shall)) must then publish a
notice stating that it has completed and placed on file its preliminary
budget for the county for the ensuing fiscal year, a copy of which will
be furnished any citizen who will call at its office for it, and that
it will meet on the first Monday in October thereafter for the purpose
of fixing the final budget and making tax levies, designating the time
and place of the meeting, and that any taxpayer may appear thereat and
be heard for or against any part of the budget. The notice ((shall))
must be published once each week for two consecutive weeks immediately
following adoption of the preliminary budget in the official newspaper
of the county. The county legislative authority ((shall)) must provide
a sufficient number of copies of the detailed and comparative
preliminary budget to meet the reasonable demands of taxpayers therefor
and the same ((shall)) must be available for distribution not later
than two weeks immediately preceding the first Monday in October.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 124 RCW 36.40.100 and 1985 c 469 s 48 are each amended to
read as follows:
(1) The estimates of expenditures itemized and classified as
required in RCW 36.40.040 and as finally fixed and adopted in detail by
the board of county commissioners ((shall)) constitute the
appropriations for the county for the ensuing fiscal year; and every
county official ((shall be)) is limited in the making of expenditures
or the incurring of liabilities to the amount of the detailed
appropriation items or classes respectively: PROVIDED, That upon a
resolution formally adopted by the board at a regular or special
meeting and entered upon the minutes, transfers or revisions within
departments, or supplemental appropriations to the budget from
unanticipated federal or state funds may be made: PROVIDED FURTHER,
That the board ((shall)) must publish notice of the time and date of
the meeting at which the supplemental appropriations resolution will be
adopted, and the amount of the appropriation, once each week, for two
consecutive weeks prior to the meeting in the official newspaper of the
county.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 125 RCW 36.40.140 and 1969 ex.s. c 185 s 3 are each amended
to read as follows:
When a public emergency, other than such as are specifically
described in RCW 36.40.180, and which could not reasonably have been
foreseen at the time of making the budget, requires the expenditure of
money not provided for in the budget, the board of county commissioners
by majority vote of the commissioners at any meeting the time and place
of which all the commissioners have had reasonable notice, ((shall))
must adopt and enter upon its minutes a resolution stating the facts
constituting the emergency and the estimated amount of money required
to meet it, and ((shall)) must publish the same, together with a notice
that a public hearing thereon will be held at the time and place
designated therein, which ((shall)) may not be less than one week after
the date of publication, at which any taxpayer may appear and be heard
for or against the expenditure of money for the alleged emergency. The
resolution and notice ((shall)) must be published once in the official
county newspaper, or if there is none, in a legal newspaper in the
county. Upon the conclusion of the hearing, if the board of county
commissioners approves it, an order ((shall)) must be made and entered
upon its official minutes by a majority vote of all the members of the
board setting forth the facts constituting the emergency, together with
the amount of expenditure authorized, which order, so entered, ((shall
be)) is lawful authorization to expend said amount for such purpose
unless a review is applied for within five days thereafter.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 126 RCW 36.55.040 and 1985 c 469 s 49 are each amended to
read as follows:
(1) On application being made to the county legislative authority
for franchise, it ((shall)) must fix a time and place for hearing the
same, and ((shall)) must cause the county auditor to give public notice
thereof at the expense of the applicant, by posting notices in three
public places in the county seat of the county at least fifteen days
before the day fixed for the hearing. The county legislative authority
((shall)) must also publish a like notice two times in the official
newspaper of the county, the last publication to be not less than five
days before the day fixed for the hearing. The notice ((shall)) must
state the name or names of the applicant or applicants, a description
of the county roads by reference to section, township and range in
which the county roads or portions thereof are physically located, to
be included in the franchise for which the application is made, and the
time and place fixed for the hearing.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 127 RCW 36.58.090 and 1992 c 131 s 4 are each amended to
read as follows:
(1) Notwithstanding the provisions of any county charter or any law
to the contrary, and in addition to any other authority provided by
law, the legislative authority of a county may contract with one or
more vendors for one or more of the design, construction, or operation
of, or other service related to, the solid waste handling systems,
plants, sites, or other facilities in accordance with the procedures
set forth in this section. When a contract for design services is
entered into separately from other services permitted under this
section, procurement ((shall)) must be in accord with chapter 39.80
RCW. For the purpose of this chapter, the term "legislative authority"
((shall)) means the board of county commissioners or, in the case of a
home rule charter county, the official, officials, or public body
designated by the charter to perform the functions authorized therein.
(2) If the legislative authority of the county decides to proceed
with the consideration of qualifications or proposals for services from
vendors, the county ((shall)) must publish notice of its requirements
and request submission of qualifications statements or proposals. The
notice ((shall)) must be published in the official newspaper of the
county at least once a week for two weeks not less than sixty days
before the final date for the submission of qualifications statements
or proposals. The notice ((shall)) must state in summary form (a) the
general scope and nature of the design, construction, operation, or
other service, (b) the name and address of a representative of the
county who can provide further details, (c) the final date for the
submission of qualifications statements or proposals, (d) an estimated
schedule for the consideration of qualifications, the selection of
vendors, and the negotiation of a contract or contracts for services,
(e) the location at which a copy of any request for qualifications or
request for proposals will be made available, and (f) the criteria
established by the legislative authority to select a vendor or vendors,
which may include but ((shall)) may not be limited to the vendor's
prior experience, including design, construction, or operation of other
similar facilities; respondent's management capability, schedule
availability and financial resources; cost of the services, nature of
facility design proposed by the vendor; system reliability; performance
standards required for the facilities; compatibility with existing
service facilities operated by the public body or other providers of
service to the public; project performance guarantees; penalty and
other enforcement provisions; environmental protection measures to be
used; consistency with the applicable comprehensive solid waste
management plan; and allocation of project risks.
(3) If the legislative authority of the county decides to proceed
with the consideration of qualifications or proposals, it may designate
a representative to evaluate the vendors who submitted qualifications
statements or proposals and conduct discussions regarding
qualifications or proposals with one or more vendors. The legislative
authority or representative may request submission of qualifications
statements and may later request more detailed proposals from one or
more vendors who have submitted qualifications statements, or the
representative may request detailed proposals without having first
received and evaluated qualifications statements. The representative
((shall)) must evaluate the qualifications or proposals, as applicable.
If two or more vendors submit qualifications or proposals that meet the
criteria established by the legislative authority of the county,
discussions and interviews ((shall)) must be held with at least two
vendors. Any revisions to a request for qualifications or request for
proposals ((shall)) must be made available to all vendors then under
consideration by the city or town and ((shall)) must be made available
to any other person who has requested receipt of that information.
(4) Based on criteria established by the legislative authority of
the county, the representative ((shall)) must recommend to the
legislative authority a vendor or vendors that are initially determined
to be the best qualified to provide one or more of the design,
construction, or operation of, or other service related to, the
proposed project or services. The legislative authority may select one
or more qualified vendors for one or more of the design, construction,
or operation of, or other service related to, the proposed project or
services.
(5) The legislative authority or its representative may attempt to
negotiate a contract with the vendor or vendors selected for one or
more of the design, construction, or operation of, or other service
related to, the proposed project or services on terms that the
legislative authority determines to be fair and reasonable and in the
best interest of the county. If the legislative authority or its
representative is unable to negotiate such a contract with any one or
more of the vendors first selected on terms that it determines to be
fair and reasonable and in the best interest of the county,
negotiations with any one or more of the vendors ((shall)) must be
terminated or suspended and another qualified vendor or vendors may be
selected in accordance with the procedures set forth in this section.
If the legislative authority decides to continue the process of
selection, negotiations ((shall)) must continue with a qualified vendor
or vendors in accordance with this section at the sole discretion of
the legislative authority until an agreement is reached with one or
more qualified vendors, or the process is terminated by the legislative
authority. The process may be repeated until an agreement is reached.
(6) Prior to entering into a contract with a vendor, the
legislative authority of the county ((shall)) must make written
findings, after holding a public hearing on the proposal, that it is in
the public interest to enter into the contract, that the contract is
financially sound, and that it is advantageous for the county to use
this method for awarding contracts compared to other methods.
(7) Each contract ((shall)) must include a project performance bond
or bonds or other security by the vendor that in the judgment of the
legislative authority of the county is sufficient to secure adequate
performance by the vendor.
(8) The provisions of chapters 39.12((,)) and 39.19((, and 39.25))
RCW ((shall)) apply to a contract entered into under this section to
the same extent as if the systems and plants were owned by a public
body.
(9) The vendor selection process permitted by this section ((shall
be)) is supplemental to and ((shall)) may not be construed as a repeal
of or limitation on any other authority granted by law.
(10) The alternative selection process provided by this section may
not be used in the selection of a person or entity to construct a
publicly owned facility for the storage or transfer of solid waste or
solid waste handling equipment unless the facility is either (a)
privately operated pursuant to a contract greater than five years, or
(b) an integral part of a solid waste processing facility located on
the same site. Instead, the applicable provisions of RCW 36.32.250 and
chapters 39.04 and 39.30 RCW ((shall)) must be followed.
(11) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 128 RCW 36.58.110 and 1982 c 175 s 2 are each amended to
read as follows:
(1) A county legislative authority proposing to establish a solid
waste disposal district or to modify or dissolve an existing solid
waste disposal district ((shall)) must conduct a hearing at the time
and place specified in a notice published at least once not less than
ten days prior to the hearing in a newspaper of general circulation
within the proposed solid waste disposal district. This notice ((shall
be)) is in addition to any other notice required by law to be
published. Additional notice of such hearing may be given by mail,
posting within the proposed solid waste disposal district, or in any
manner local authorities deem necessary to notify affected persons.
All hearings ((shall)) must be public and the county legislative
authority ((shall)) must hear objections from any person affected by
the formation, modification, or dissolution of the solid waste disposal
district and make such changes in the boundaries of the district or any
other modifications that the county legislative authority deems
necessary.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 129 RCW 36.58A.020 and 1971 ex.s. c 293 s 3 are each amended
to read as follows:
(1) The county legislative authority proposing to establish a solid
waste collection district or to modify or dissolve an existing solid
waste collection district ((shall)) must conduct a hearing at the time
and place specified in a notice published at least once not less than
ten days prior to the hearing in a newspaper of general circulation
within the county. Additional notice of such hearing may be given by
mail, posting on the property, or in any manner local authorities deem
necessary to notify adjacent landowners and the public. All hearings
((shall)) must be public and the legislative authority ((shall)) must
hear objections from any person affected by the formation of the solid
waste collection district and make such changes in the boundaries of
the district or any other modifications of plans that the legislative
authority deems necessary.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 130 RCW 36.60.020 and 1983 c 303 s 9 are each amended to
read as follows:
(1) A county legislative authority proposing to establish a county
rail district, or to modify the boundaries of an existing county rail
district, or to dissolve an existing county rail district, ((shall))
must conduct a hearing at the time and place specified in a notice
published at least once, not less than ten days prior to the hearing,
in a newspaper of general circulation within the proposed county rail
district. This notice ((shall be)) is in addition to any other notice
required by law to be published. Additional notice of the hearing may
be given by mail, posting within the proposed county rail district, or
in any manner the county legislative authority deems necessary to
notify affected persons. All hearings ((shall)) must be public and the
county legislative authority ((shall)) must hear objections from any
person affected by the formation, modification of the boundaries, or
dissolution of the county rail district.
(2) Following the hearing held under subsection (1) of this
section, the county legislative authority may adopt a resolution
providing for the submission of a proposal to establish a county rail
district, modify the boundaries of an existing county rail district, or
dissolve an existing county rail district, if the county legislative
authority finds the proposal to be in the public interest. The
resolution ((shall)) must contain the boundaries of the district if
applicable.
(3) A proposition to create a county rail district, modify the
boundaries of an existing county rail district, or dissolve an existing
rail district ((shall)) must be submitted to the affected voters at the
next general election held sixty or more days after the adoption of the
resolution providing for the submittal by the county legislative
authority. The resolution ((shall)) must establish the boundaries of
the district and include a finding that the creation of the district is
in the public interest and that the area included within the district
can reasonably be expected to benefit from its creation. No portion of
a city may be included in such a district unless the entire city is
included.
(4) The district ((shall)) must be created upon approval of the
proposition by simple majority vote. The ballot proposition submitted
to the voters ((shall)) must be in substantially the following form:
Yes. . . . . . . .
No . . . . . . . .
Sec. 131 RCW 36.60.120 and 1986 c 26 s 3 are each amended to read
as follows:
(1) If a petition to establish, modify the boundaries, or dissolve
a county rail district is filed with the county legislative authority
that complies with the requirements specified in RCW 36.60.110, the
legislative authority may accept the petition, fix a date for a public
hearing, and publish notice of the hearing in one issue of the official
county newspaper. The notice ((shall)) must also be posted in three
public places within the area proposed for establishment, modification,
or dissolution, and ((shall)) must specify the time and place of
hearing. The expense of publication and posting of the notice
((shall)) must be paid by the signers of the petition.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 132 RCW 36.61.040 and 2008 c 301 s 6 are each amended to
read as follows:
(1) Notice of the public hearing ((shall)) must be published in at
least two consecutive issues of a newspaper of general circulation in
the proposed lake or beach management district, the date of the first
publication to be at least fifteen days prior to the date fixed for the
public hearing by the resolution of intention. Notice of the public
hearing ((shall)) must also be given to the owner or reputed owner of
any lot, tract, parcel of land, or other property within the proposed
lake or beach management district by mailing the notice at least
fifteen days before the date fixed for the public hearing to the owner
or reputed owner of the property as shown on the tax rolls of the
county assessor at the address shown thereon. Notice of the public
hearing ((shall)) must also be mailed to the departments of fish and
wildlife, natural resources, and ecology at least fifteen days before
the date fixed for the public hearing.
(2) Notices of the public hearing ((shall)) must: (((1))) (a)
Refer to the resolution of intention; (((2))) (b) designate the
proposed lake or beach management district by number; (((3))) (c) set
forth a proposed plan describing: (((a))) (i) The nature of the
proposed lake or beach improvement or maintenance activities; (((b)))
(ii) the amount of special assessments or rates and charges proposed to
be raised by the lake or beach management district; (((c))) (iii) if
special assessments are proposed to be imposed, whether the special
assessments will be imposed annually for the duration of the lake or
beach management district, or the full special assessments will be
payable at one time, with the possibility of periodic installments
being paid and lake or beach management bonds being issued, or both;
(((d))) (iv) if rates and charges are proposed to be imposed, the
annual amount of revenue proposed to be collected and whether revenue
bonds payable from the rates and charges are proposed to be issued; and
(((e))) (v) the proposed duration of the lake or beach management
district; and (((4))) (d) indicate the date, time, and place of the
public hearing designated in the resolution of intention.
(3) In the case of the notice sent to each owner or reputed owner
by mail, the notice ((shall)) must set forth the estimated amount of
the cost of the lake or beach improvement or maintenance activities to
be borne by special assessment, or annual special assessments, or rates
and charges on the lot, tract, parcel of land, or other property owned
by the owner or reputed owner.
(4) If the county legislative authority has designated a committee
of itself or an officer to hear complaints and make recommendations to
the full county legislative authority, as provided in RCW 36.61.060,
the notice ((shall)) must also describe this additional step before the
full county legislative authority may adopt a resolution creating the
lake or beach management district.
(5) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 133 RCW 36.61.100 and 2008 c 301 s 12 are each amended to
read as follows:
(1) If the proposal receives a simple majority vote in favor of
creating the lake or beach management district, the county legislative
authority ((shall)) must adopt an ordinance creating the lake or beach
management district and may proceed with establishing the special
assessments or rates and charges, collecting the special assessments or
rates and charges, and performing the lake or beach improvement or
maintenance activities. If a proposed lake management district
includes more than one lake and its adjacent areas, the lake management
district may only be established if the proposal receives a simple
majority vote in favor of creating it by the voters on each lake and
its adjacent areas. The county legislative authority ((shall)) must
publish a notice in a newspaper of general circulation in a lake or
beach management district indicating that such an ordinance has been
adopted within ten days of the adoption of the ordinance.
(2) The ballots ((shall)) must be available for public inspection
after they are counted.
(3) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 134 RCW 36.61.190 and 2008 c 301 s 19 are each amended to
read as follows:
(1) Special assessments and installments on any special assessment
((shall)) must be collected by the county treasurer.
(2) The county treasurer ((shall)) must publish a notice indicating
that the special assessment roll has been confirmed and that the
special assessments are to be collected. The notice ((shall)) must
indicate the duration of the lake or beach management district and
((shall)) must describe whether the special assessments will be paid in
annual payments for the duration of the lake or beach management
district, or whether the full special assessments will be payable at
one time, with the possibility of periodic installments being paid and
lake or beach management bonds being issued, or both.
(3) If the special assessments are to be payable at one time, the
notice additionally ((shall)) must indicate that all or any portion of
the special assessments may be paid within thirty days from the date of
publication of the first notice without penalty or interest. This
notice ((shall)) must be published in a newspaper of general
circulation in the lake or beach management district.
(4) Within ten days of the first newspaper publication, the county
treasurer ((shall)) must notify each owner or reputed owner of property
whose name appears on the special assessment roll, at the address shown
on the special assessment roll, for each item of property described on
the list: (((1))) (a) Whether one special assessment payable at one
time or special assessments payable annually have been imposed; (((2)))
(b) the amount of the property subject to the special assessment or
annual special assessments; and (((3))) (c) the total amount of the
special assessment due at one time, or annual amount of special
assessments due. If the special assessment is due at one time, the
notice ((shall)) must also describe the thirty-day period during which
the special assessment may be paid without penalty, interest, or cost.
(5) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 135 RCW 36.68.440 and 1981 c 210 s 4 are each amended to
read as follows:
(1) Upon accepting a petition to form a park and recreation service
area, or upon passage of a resolution to establish such a service area,
the county legislative authority ((shall)) must order a full
investigation for the purpose or purposes of the proposed service area
to determine the feasibility of forming the same and to determine the
estimated initial costs involved in obtaining the objectives set forth
in the petition or resolution. The reports on the feasibility and the
cost of the proposed service area ((shall)) must be made available to
the county legislative authority, and copies of such reports ((shall))
must be filed with the clerk of the county legislative authority not
more than eighty days after the county legislative authority first
directs that the studies and reports be undertaken. The county
legislative authority ((shall)) must also provide by resolution that
within twenty days after receiving the reports a public hearing
((shall)) must be held at the county seat or at some convenient
location within the proposed service area. At least five days before
the hearing, the county legislative authority ((shall)) must give
notice of the hearing not less than twice in a legal newspaper of
general circulation in the county. The notice ((shall)) must describe
the boundaries of the proposed service area, the purpose or purposes of
the proposed service area, the estimated initial costs, indicate that
the reports and other materials prepared at the order of the county
legislative authority are available in the office of the clerk of the
county legislative authority for the study and review of any interested
party, and set the time, date and place of the hearing.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 136 RCW 36.68.470 and 1981 c 210 s 6 are each amended to
read as follows:
(1) Upon making findings under the provisions of RCW 36.68.460, the
county legislative authority ((shall)) must, by resolution, order an
election of the voters of the proposed park and recreation service area
to determine if the service area ((shall)) will be formed. The county
legislative authority ((shall)) must in their resolution direct the
county auditor to set the election to be held at the next general
election or at a special election held for such purpose; describe the
purposes of the proposed service area; set forth the estimated cost of
any initial improvements or services to be financed by the service area
should it be formed; describe the method of financing the initial
improvements or services described in the resolution or petition; and
order that notice of election be published in a newspaper of general
circulation in the county at least twice prior to the election date.
(2) A proposition to form a park and recreation service area
((shall)) must be submitted to the voters of the proposed service area.
Upon approval by a majority of the voters voting on the proposition, a
park and recreation service area ((shall)) must be established. The
proposition submitted to the voters by the county auditor on the ballot
((shall)) must be in substantially the following form:
Sec. 137 RCW 36.69.040 and 1963 c 4 s 36.69.040 are each amended
to read as follows:
(1) The board of county commissioners ((shall)) must set a time for
a hearing on the petition for the formation of a park and recreation
district to be held not more than sixty days following the receipt of
such petition. Notice of hearing ((shall)) must be given by
publication three times, at intervals of not less than one week, in a
newspaper of general circulation within the county. Such notice
((shall)) must state the time and place of hearing and describe
particularly the area proposed to be included within the district.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 138 RCW 36.69.230 and 2009 c 549 s 4104 are each amended to
read as follows:
(1) If such local improvement district is initiated by petition,
such petition ((shall)) must set forth the nature and territorial
extent of the proposed improvement requested to be ordered and the fact
that the signers thereof are the owners (according to the records of
the county auditor) of at least fifty-one percent of the area of land
within the limits of the local improvement district to be created.
Upon the filing of such petition the board of park and recreation
commissioners ((shall)) must determine whether it is sufficient, and
the board's determination thereof ((shall be)) is conclusive upon all
persons. No person ((shall)) must withdraw his or her name from the
petition after it has been filed with the board. If the board
((shall)) finds the petition to be sufficient, it ((shall)) must
proceed to adopt a resolution declaring its intention to order the
improvement petitioned for, setting forth the nature and territorial
extent of said improvement, designating the number of the proposed
local district and describing the boundaries thereof, stating the
estimated cost and expense of the improvement and the proportionate
amount thereof which will be borne by the property within the proposed
local district, and fixing a date, time and place for a public hearing
on the formation of the proposed local district.
(2) The resolution of intention, whether adopted on the initiative
of the board or pursuant to a petition of the property owners,
((shall)) must be published in at least two consecutive issues of a
newspaper of general circulation in the proposed local district, the
date of the first publication to be at least fifteen days prior to the
date fixed by such resolution for hearing before the board.
(3) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 139 RCW 36.69.280 and 1963 c 4 s 36.69.280 are each amended
to read as follows:
(1) Before approval of the roll a notice ((shall)) must be
published once a week for two consecutive weeks in a newspaper of
general circulation in the local district, stating that the roll is on
file and open to inspection in the office of the secretary, and fixing
the time, not less than fifteen or more than thirty days from the date
of the first publication of the notice within which protests must be
filed with the secretary against any assessments shown thereon, and
fixing a time when a hearing will be held by the board of park and
recreation commissioners on the protests. Notice ((shall)) must also
be given by mailing, at least fifteen days before the hearing, a
similar notice to the owners or reputed owners of the land in the local
district as they appear on the books of the treasurer of the county in
which the park and recreation district is located. At the hearing, or
any adjournment thereof, the commissioners may correct, change or
modify the roll, or any part thereof, or set aside the roll and order
a new assessment, and may then by resolution approve it. If an
assessment is raised a new notice similar to the first ((shall)) must
be given, after which final approval of the roll may be made. When
property has been entered originally upon the roll and the assessment
thereon is not raised, no objection thereto ((shall)) may be considered
by the commissioners or by any court on appeal unless the objection is
made in writing at, or prior, to the date fixed for the original
hearing upon the roll.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 140 RCW 36.70.390 and 1963 c 4 s 36.70.390 are each amended
to read as follows:
(1) Notice of the time, place, and purpose of any public hearing
((shall)) must be given by one publication in a newspaper of general
circulation in the county and in the official gazette, if any, of the
county, at least ten days before the hearing.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 141 RCW 36.70.430 and 1963 c 4 s 36.70.430 are each amended
to read as follows:
(1) When it deems it to be for the public interest, or when it
considers a change in the recommendations of the planning agency to be
necessary, the board may initiate consideration of a comprehensive
plan, or any element or part thereof, or any change in or addition to
such plan or recommendation. The board ((shall)) must first refer the
proposed plan, change or addition to the planning agency for a report
and recommendation. Before making a report and recommendation, the
commission ((shall)) must hold at least one public hearing on the
proposed plan, change or addition. Notice of the time and place and
purpose of the hearing ((shall)) must be given by one publication in a
newspaper of general circulation in the county and in the official
gazette, if any, of the county, at least ten days before the hearing.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 142 RCW 36.70.440 and 1963 c 4 s 36.70.440 are each amended
to read as follows:
(1) After the receipt of the report and recommendations of the
planning agency on the matters referred to in RCW 36.70.430, or after
the lapse of the prescribed time for the rendering of such report and
recommendation by the commission, the board may approve by motion and
certify such plan, change or addition without further reference to the
commission: PROVIDED, That the plan, change or addition conforms
either to the proposal as initiated by the county or the recommendation
thereon by the commission: PROVIDED FURTHER, That if the planning
agency has failed to report within a ninety day period, the board
((shall)) must hold at least one public hearing on the proposed plan,
change or addition. Notice of the time, place, and purpose of the
hearing ((shall)) must be given by one publication in a newspaper of
general circulation in the county and in the official gazette, if any,
of the county, at least ten days before the hearing. Thereafter, the
board may proceed to approve by motion and certify the proposed
comprehensive plan or any part, amendment or addition thereto.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 143 RCW 36.70.590 and 1963 c 4 s 36.70.590 are each amended
to read as follows:
(1) Notice of the time, place, and purpose of the hearing ((shall))
must be given by one publication in a newspaper of general circulation
in the county and in the official gazette, if any, of the county at
least ten days before the hearing. The board may prescribe additional
methods for providing notice.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 144 RCW 36.70A.035 and 1999 c 315 s 708 are each amended to
read as follows:
(1) The public participation requirements of this chapter ((shall))
must include notice procedures that are reasonably calculated to
provide notice to property owners and other affected and interested
individuals, tribes, government agencies, businesses, school districts,
and organizations of proposed amendments to comprehensive plans and
development regulation. Examples of reasonable notice provisions
include:
(a) Posting the property for site-specific proposals;
(b) Publishing notice in a newspaper of general circulation in the
county, city, or general area where the proposal is located or that
will be affected by the proposal;
(c) Notifying public or private groups with known interest in a
certain proposal or in the type of proposal being considered;
(d) Placing notices in appropriate regional, neighborhood, ethnic,
or trade journals; and
(e) Publishing notice in agency newsletters or sending notice to
agency mailing lists, including general lists or lists for specific
proposals or subject areas.
(2)(a) Except as otherwise provided in (b) of this subsection, if
the legislative body for a county or city chooses to consider a change
to an amendment to a comprehensive plan or development regulation, and
the change is proposed after the opportunity for review and comment has
passed under the county's or city's procedures, an opportunity for
review and comment on the proposed change ((shall)) must be provided
before the local legislative body votes on the proposed change.
(b) An additional opportunity for public review and comment is not
required under (a) of this subsection if:
(i) An environmental impact statement has been prepared under
chapter 43.21C RCW for the pending resolution or ordinance and the
proposed change is within the range of alternatives considered in the
environmental impact statement;
(ii) The proposed change is within the scope of the alternatives
available for public comment;
(iii) The proposed change only corrects typographical errors,
corrects cross-references, makes address or name changes, or clarifies
language of a proposed ordinance or resolution without changing its
effect;
(iv) The proposed change is to a resolution or ordinance making a
capital budget decision as provided in RCW 36.70A.120; or
(v) The proposed change is to a resolution or ordinance enacting a
moratorium or interim control adopted under RCW 36.70A.390.
(3) This section is prospective in effect and does not apply to a
comprehensive plan, development regulation, or amendment adopted before
July 27, 1997.
(4) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 145 RCW 36.70A.367 and 2007 c 433 s 1 are each amended to
read as follows:
(1) In addition to the major industrial development allowed under
RCW 36.70A.365, a county planning under RCW 36.70A.040 that meets the
criteria in subsection (5) of this section may establish, in
consultation with cities consistent with provisions of RCW 36.70A.210,
a process for designating a bank of no more than two master planned
locations for major industrial activity outside urban growth areas.
(2) A master planned location for major industrial developments may
be approved through a two-step process: Designation of an industrial
land bank area in the comprehensive plan; and subsequent approval of
specific major industrial developments through a local master plan
process described under subsection (3) of this section.
(a) The comprehensive plan must identify locations suited to major
industrial development due to proximity to transportation or resource
assets. The plan must identify the maximum size of the industrial land
bank area and any limitations on major industrial developments based on
local limiting factors, but does not need to specify a particular
parcel or parcels of property or identify any specific use or user
except as limited by this section. In selecting locations for the
industrial land bank area, priority must be given to locations that are
adjacent to, or in close proximity to, an urban growth area.
(b) The environmental review for amendment of the comprehensive
plan must be at the programmatic level and, in addition to a threshold
determination, must include:
(i) An inventory of developable land as provided in RCW 36.70A.365;
and
(ii) An analysis of the availability of alternative sites within
urban growth areas and the long-term annexation feasibility of sites
outside of urban growth areas.
(c) Final approval of an industrial land bank area under this
section must be by amendment to the comprehensive plan adopted under
RCW 36.70A.070, and the amendment is exempt from the limitation of RCW
36.70A.130(2) and may be considered at any time. Approval of a
specific major industrial development within the industrial land bank
area requires no further amendment of the comprehensive plan.
(3) In concert with the designation of an industrial land bank
area, a county ((shall)) must also adopt development regulations for
review and approval of specific major industrial developments through
a master plan process. The regulations governing the master plan
process ((shall)) must ensure, at a minimum, that:
(a) Urban growth will not occur in adjacent nonurban areas;
(b) Development is consistent with the county's development
regulations adopted for protection of critical areas;
(c) Required infrastructure is identified and provided concurrent
with development. Such infrastructure, however, may be phased in with
development;
(d) Transit-oriented site planning and demand management programs
are specifically addressed as part of the master plan approval;
(e) Provision is made for addressing environmental protection,
including air and water quality, as part of the master plan approval;
(f) The master plan approval includes a requirement that interlocal
agreements between the county and service providers, including cities
and special purpose districts providing facilities or services to the
approved master plan, be in place at the time of master plan approval;
(g) A major industrial development is used primarily by industrial
and manufacturing businesses, and that the gross floor area of all
commercial and service buildings or facilities locating within the
major industrial development does not exceed ten percent of the total
gross floor area of buildings or facilities in the development. The
intent of this provision for commercial or service use is to meet the
needs of employees, clients, customers, vendors, and others having
business at the industrial site, to attract and retain a quality
workforce, and to further other public objectives, such as trip
reduction. These uses may not be promoted to attract additional
clientele from the surrounding area. Commercial and service businesses
must be established concurrently with or subsequent to the industrial
or manufacturing businesses;
(h) New infrastructure is provided for and/or applicable impact
fees are paid to assure that adequate facilities are provided
concurrently with the development. Infrastructure may be achieved in
phases as development proceeds;
(i) Buffers are provided between the major industrial development
and adjacent rural areas;
(j) Provision is made to mitigate adverse impacts on designated
agricultural lands, forest lands, and mineral resource lands; and
(k) An open record public hearing is held before either the
planning commission or hearing examiner with notice published at least
thirty days before the hearing date and mailed to all property owners
within one mile of the site.
(4) For the purposes of this section:
(a) "Major industrial development" means a master planned location
suitable for manufacturing or industrial businesses that: (i) Requires
a parcel of land so large that no suitable parcels are available within
an urban growth area; (ii) is a natural resource-based industry
requiring a location near agricultural land, forest land, or mineral
resource land upon which it is dependent; or (iii) requires a location
with characteristics such as proximity to transportation facilities or
related industries such that there is no suitable location in an urban
growth area. The major industrial development may not be for the
purpose of retail commercial development or multitenant office parks.
(b) "Industrial land bank" means up to two master planned
locations, each consisting of a parcel or parcels of contiguous land,
sufficiently large so as not to be readily available within the urban
growth area of a city, or otherwise meeting the criteria contained in
(a) of this subsection, suitable for manufacturing, industrial, or
commercial businesses and designated by the county through the
comprehensive planning process specifically for major industrial use.
(5) This section and the termination provisions specified in
subsection (6) of this section apply to a county that at the time the
process is established under subsection (1) of this section:
(a) Has a population greater than two hundred fifty thousand and is
part of a metropolitan area that includes a city in another state with
a population greater than two hundred fifty thousand;
(b) Has a population greater than one hundred forty thousand and is
adjacent to another country;
(c) Has a population greater than forty thousand but less than
seventy-five thousand and has an average level of unemployment for the
preceding three years that exceeds the average state unemployment for
those years by twenty percent; and
(i) Is bordered by the Pacific Ocean;
(ii) Is located in the Interstate 5 or Interstate 90 corridor; or
(iii) Is bordered by Hood Canal;
(d) Is east of the Cascade divide; and
(i) Borders another state to the south; or
(ii) Is located wholly south of Interstate 90 and borders the
Columbia river to the east;
(e) Has an average population density of less than one hundred
persons per square mile as determined by the office of financial
management, and is bordered by the Pacific Ocean and by Hood Canal; or
(f) Meets all of the following criteria:
(i) Has a population greater than forty thousand but fewer than
eighty thousand;
(ii) Has an average level of unemployment for the preceding three
years that exceeds the average state unemployment for those years by
twenty percent; and
(iii) Is located in the Interstate 5 or Interstate 90 corridor.
(6) In order to identify and approve locations for industrial land
banks, the county ((shall)) must take action to designate one or more
industrial land banks and adopt conforming regulations as provided by
((RCW 36.70A.367(2))) subsection (2) of this section on or before the
last date to complete that county's next periodic review under RCW
36.70A.130(4) that occurs prior to December 31, 2014. The authority to
take action to designate a land bank area in the comprehensive plan
expires if not acted upon by the county within the time frame provided
in this section. Once a land bank area has been identified in the
county's comprehensive plan, the authority of the county to process a
master plan or site projects within an approved master plan does not
expire.
(7) Any county seeking to designate an industrial land bank under
this section must:
(a) Provide countywide notice, in conformity with RCW 36.70A.035,
of the intent to designate an industrial land bank. Notice must be
published in a newspaper or newspapers of general circulation
reasonably likely to reach subscribers in all geographic areas of the
county. Notice must be provided not less than thirty days prior to
commencement of consideration by the county legislative body; and
(b) Make a written determination of the criteria and rationale used
by the legislative body as the basis for siting an industrial land bank
under this chapter.
(8) Any location included in an industrial land bank pursuant to
section 2, chapter 289, Laws of 1998, section 1, chapter 402, Laws of
1997, and section 2, chapter 167, Laws of 1996 ((shall)) must remain
available for major industrial development according to this section as
long as the requirements of this section continue to be satisfied.
(9) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 146 RCW 36.70B.110 and 1997 c 429 s 48 and 1997 c 396 s 1
are each reenacted and amended to read as follows:
(1) Not later than April 1, 1996, a local government planning under
RCW 36.70A.040 ((shall)) must provide a notice of application to the
public and the departments and agencies with jurisdiction as provided
in this section. If a local government has made a threshold
determination under chapter 43.21C RCW concurrently with the notice of
application, the notice of application may be combined with the
threshold determination and the scoping notice for a determination of
significance. Nothing in this section prevents a determination of
significance and scoping notice from being issued prior to the notice
of application. Nothing in this section or this chapter prevents a
lead agency, when it is a project proponent or is funding a project,
from conducting its review under chapter 43.21C RCW or from allowing
appeals of procedural determinations prior to submitting a project
permit application.
(2) The notice of application ((shall)) must be provided within
fourteen days after the determination of completeness as provided in
RCW 36.70B.070 and, except as limited by the provisions of subsection
(4)(b) of this section, ((shall)) must include the following in
whatever sequence or format the local government deems appropriate:
(a) The date of application, the date of the notice of completion
for the application, and the date of the notice of application;
(b) A description of the proposed project action and a list of the
project permits included in the application and, if applicable, a list
of any studies requested under RCW 36.70B.070 ((or 36.70B.090));
(c) The identification of other permits not included in the
application to the extent known by the local government;
(d) The identification of existing environmental documents that
evaluate the proposed project, and, if not otherwise stated on the
document providing the notice of application, such as a city land use
bulletin, the location where the application and any studies can be
reviewed;
(e) A statement of the public comment period, which ((shall be)) is
not less than fourteen nor more than thirty days following the date of
notice of application, and statements of the right of any person to
comment on the application, receive notice of and participate in any
hearings, request a copy of the decision once made, and any appeal
rights. A local government may accept public comments at any time
prior to the closing of the record of an open record predecision
hearing, if any, or, if no open record predecision hearing is provided,
prior to the decision on the project permit;
(f) The date, time, place, and type of hearing, if applicable and
scheduled at the date of notice of the application;
(g) A statement of the preliminary determination, if one has been
made at the time of notice, of those development regulations that will
be used for project mitigation and of consistency as provided in RCW
36.70B.030(2); and
(h) Any other information determined appropriate by the local
government.
(3) If an open record predecision hearing is required for the
requested project permits, the notice of application ((shall)) must be
provided at least fifteen days prior to the open record hearing.
(4) A local government ((shall)) must use reasonable methods to
give the notice of application to the public and agencies with
jurisdiction and may use its existing notice procedures. A local
government may use different types of notice for different categories
of project permits or types of project actions. If a local government
by resolution or ordinance does not specify its method of public
notice, the local government ((shall)) must use the methods provided
for in (a) and (b) of this subsection. Examples of reasonable methods
to inform the public are:
(a) Posting the property for site-specific proposals;
(b) Publishing notice, including at least the project location,
description, type of permit(s) required, comment period dates, and
location where the notice of application required by subsection (2) of
this section and the complete application may be reviewed, in the
newspaper of general circulation in the general area where the proposal
is located or in a local land use newsletter published by the local
government;
(c) Notifying public or private groups with known interest in a
certain proposal or in the type of proposal being considered;
(d) Notifying the news media;
(e) Placing notices in appropriate regional or neighborhood
newspapers or trade journals;
(f) Publishing notice in agency newsletters or sending notice to
agency mailing lists, either general lists or lists for specific
proposals or subject areas; and
(g) Mailing to neighboring property owners.
(5) A notice of application ((shall)) is not ((be)) required for
project permits that are categorically exempt under chapter 43.21C RCW,
unless an open record predecision hearing is required or an open record
appeal hearing is allowed on the project permit decision.
(6) A local government ((shall)) must integrate the permit
procedures in this section with its environmental review under chapter
43.21C RCW as follows:
(a) Except for a threshold determination and except as otherwise
expressly allowed in this section, the local government may not issue
a decision or a recommendation on a project permit until the expiration
of the public comment period on the notice of application.
(b) If an open record predecision hearing is required, the local
government ((shall)) must issue its threshold determination at least
fifteen days prior to the open record predecision hearing.
(c) Comments ((shall)) must be as specific as possible.
(d) A local government is not required to provide for
administrative appeals of its threshold determination. If provided, an
administrative appeal ((shall)) must be filed within fourteen days
after notice that the determination has been made and is appealable.
Except as otherwise expressly provided in this section, the appeal
hearing on a determination of nonsignificance ((shall)) must be
consolidated with any open record hearing on the project permit.
(7) At the request of the applicant, a local government may combine
any hearing on a project permit with any hearing that may be held by
another local, state, regional, federal, or other agency, if:
(a) The hearing is held within the geographic boundary of the local
government; and
(b) The joint hearing can be held within the time periods specified
in RCW ((36.70B.090)) 36.70B.070 or the applicant agrees to the
schedule in the event that additional time is needed in order to
combine the hearings. All agencies of the state of Washington,
including municipal corporations and counties participating in a
combined hearing, are hereby authorized to issue joint hearing notices
and develop a joint format, select a mutually acceptable hearing body
or officer, and take such other actions as may be necessary to hold
joint hearings consistent with each of their respective statutory
obligations.
(8) All state and local agencies ((shall)) must cooperate to the
fullest extent possible with the local government in holding a joint
hearing if requested to do so, as long as:
(a) The agency is not expressly prohibited by statute from doing
so;
(b) Sufficient notice of the hearing is given to meet each of the
agencies' adopted notice requirements as set forth in statute,
ordinance, or rule; and
(c) The agency has received the necessary information about the
proposed project from the applicant to hold its hearing at the same
time as the local government hearing.
(9) A local government is not required to provide for
administrative appeals. If provided, an administrative appeal of the
project decision and of any environmental determination issued at the
same time as the project decision, ((shall)) must be filed within
fourteen days after the notice of the decision or after other notice
that the decision has been made and is appealable. The local
government ((shall)) must extend the appeal period for an additional
seven days, if state or local rules adopted pursuant to chapter 43.21C
RCW allow public comment on a determination of nonsignificance issued
as part of the appealable project permit decision.
(10) The applicant for a project permit is deemed to be a
participant in any comment period, open record hearing, or closed
record appeal.
(11) Each local government planning under RCW 36.70A.040 ((shall))
must adopt procedures for administrative interpretation of its
development regulations.
(12) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 147 RCW 36.73.050 and 2007 c 329 s 3 are each amended to
read as follows:
(1) The legislative authorities proposing to establish a district,
or to modify the boundaries of an existing district, or to dissolve an
existing district ((shall)) must conduct a hearing at the time and
place specified in a notice published at least once, not less than ten
days before the hearing, in a newspaper of general circulation within
the proposed district. Subject to the provisions of RCW 36.73.170, the
legislative authorities ((shall)) must make provision for a district to
be automatically dissolved when all indebtedness of the district has
been retired and anticipated responsibilities have been satisfied.
This notice ((shall be)) is in addition to any other notice required by
law to be published. The notice ((shall)) must, where applicable,
specify the functions or activities proposed to be provided or funded,
or the additional functions or activities proposed to be provided or
funded, by the district. Additional notice of the hearing may be given
by mail, by posting within the proposed district, or in any manner the
legislative authorities deem necessary to notify affected persons. All
hearings ((shall)) must be public and the legislative authorities
((shall)) must hear objections from any person affected by the
formation, modification of the boundaries, or dissolution of the
district.
(2)(a) Following the hearing held pursuant to subsection (1) of
this section, the legislative authorities may establish a district,
modify the boundaries or functions of an existing district, or dissolve
an existing district, if the legislative authorities find the action to
be in the public interest and adopt an ordinance providing for the
action.
(b) The ordinance establishing a district ((shall)) must specify
the functions and transportation improvements described under RCW
36.73.015 to be exercised or funded and establish the boundaries of the
district. Subject to the provisions of RCW 36.73.160, functions or
transportation improvements proposed to be provided or funded by the
district may not be expanded beyond those specified in the notice of
hearing, unless additional notices are made, further hearings on the
expansion are held, and further determinations are made that it is in
the public interest to so expand the functions or transportation
improvements proposed to be provided or funded.
(3) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 148 RCW 36.75.270 and 1963 c 4 s 36.75.270 are each amended
to read as follows:
(1) The board of county commissioners of each county may by
resolution limit or prohibit classes or types of vehicles on any county
road or bridge and may limit the weight of vehicles which may travel
thereon. Any such resolution ((shall)) must be effective for a
definite period of time which ((shall)) must be stated in the
resolution. If such resolution is published at least once in a
newspaper of general circulation in the county and if signs indicating
such closure or limitation of traffic have been posted on such road or
bridge, any person violating such resolution ((shall be)) is guilty of
a misdemeanor.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 149 RCW 36.77.070 and 2009 c 549 s 4126 and 2009 c 29 s 2
are each reenacted and amended to read as follows:
(1) If the board determines that any construction should be
performed by county forces, and the estimated cost of the work exceeds
ten thousand dollars, it ((shall)) must cause to be published in one
issue of a newspaper of general circulation in the county, a brief
description of the work to be done and the county road engineer's
estimate of the cost thereof. At the completion of such construction,
the board ((shall)) must cause to be published in one issue of such a
newspaper a similar brief description of the work together with an
accurate statement of the true and complete cost of performing such
construction by county forces.
(2) Failure to make the required publication ((shall)) subjects
each county commissioner to a fine of one hundred dollars for which he
or she ((shall be)) is liable individually and upon his or her official
bond and the prosecuting attorney ((shall)) must prosecute for
violation of the provisions of this section and RCW 36.77.065.
(3) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 150 RCW 36.81.070 and 1963 c 4 s 36.81.070 are each amended
to read as follows:
(1) The board ((shall)) must fix a time and place for hearing the
report of the engineer and cause notice thereof to be published once a
week for two successive weeks in the county official newspaper and to
be posted for at least twenty days at each termini of the proposed
road.
(2) The notice ((shall)) must set forth the termini of the road as
set out in the resolution of the board, or the freeholders' petition,
as the case may be, and ((shall)) must state that all persons
interested may appear and be heard at such hearing upon the report and
recommendation of the engineer either to proceed or not to proceed with
establishing the road.
(3) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 151 RCW 36.82.190 and 1985 c 469 s 50 are each amended to
read as follows:
(1) The county legislative authority ((shall)) must then publish a
notice setting day of hearing for the adoption of the final
supplemental budget covering the excess funds, designating the time and
place of hearing and that anyone may appear thereat and be heard for or
against any part of the preliminary supplemental budget. The notice
((shall)) must be published once a week for two consecutive weeks
immediately following the adoption of the preliminary supplemental
budget in the official newspaper of the county. The county legislative
authority ((shall)) must provide a sufficient number of copies of the
preliminary supplemental budget to meet reasonable public demands and
they ((shall)) must be available not later than two weeks immediately
preceding the hearing.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 152 RCW 36.83.020 and 1996 c 292 s 2 are each amended to
read as follows:
(1) A county legislative authority proposing to establish a service
district ((shall)) must conduct a hearing at the time and place
specified in a notice published at least once, not less than ten days
prior to the hearing, in a newspaper of general circulation within the
proposed service district. This notice ((shall be)) is in addition to
any other notice required by law to be published. The notice ((shall))
must specify the functions or activities proposed to be provided or
funded by the service district. Additional notice of the hearing may
be given by mail, posting within the proposed service district, or in
any manner the county legislative authority deems necessary to notify
affected persons. All hearings ((shall)) must be public and the county
legislative authority ((shall)) must hear objections from any person
affected by the formation, modification of the boundaries, or
dissolution of the service district.
(2) Following the hearing held pursuant to subsection (1) of this
section, the county legislative authority may establish a service
district if the county legislative authority finds the action to be in
the public interest and adopts an ordinance or resolution providing for
the establishment of the service district. The legislation
establishing a service district ((shall)) must specify the functions or
activities to be exercised or funded and establish the boundaries of
the service district. Functions or activities proposed to be provided
or funded by the service district may not be expanded beyond those
specified in the notice of hearing, except as provided in subsection
(4) of this section.
(3) At any time prior to the county legislative authority
establishing a service district pursuant to this section, all further
proceedings ((shall)) must be terminated upon the filing of a verified
declaration of termination signed by a majority of the registered
voters of the proposed service district.
(4) With the approval of the county legislative authority, the
governing body of a service district may modify the boundaries of,
expand or otherwise modify the functions of, or dissolve the service
district after providing notice and conducting a public hearing or
hearings in the manner provided in subsection (1) of this section. The
governing body must make a determination that the proposed action is in
the public interest and adopt a resolution providing for the action.
(5) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 153 RCW 36.87.050 and 1963 c 4 s 36.87.050 are each amended
to read as follows:
(1) Notice of hearing upon the report for vacation and abandonment
of a county road ((shall)) must be published at least once a week for
two consecutive weeks preceding the date fixed for the hearing, in the
county official newspaper and a copy of the notice ((shall)) must be
posted for at least twenty days preceding the date fixed for hearing at
each termini of the county road or portion thereof proposed to be
vacated or abandoned.
(2) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 154 RCW 36.88.030 and 1970 ex.s. c 66 s 2 are each amended
to read as follows:
(1) In case the board of county commissioners ((shall)) desires to
initiate the formation of a county road improvement district by
resolution, it ((shall)) must first pass a resolution declaring its
intention to order such improvement, setting forth the nature and
territorial extent of such proposed improvement, designating the number
of the proposed road improvement district and describing the boundaries
thereof, stating the estimated cost and expense of the improvement and
the proportionate amount thereof which will be borne by the property
within the proposed district, notifying the owners of property therein
to appear at a meeting of the board at the time specified in such
resolution, and directing the county road engineer to submit to the
board at or prior to the date fixed for such hearing a diagram or print
showing thereon the lots, tracts and parcels of land and other property
which will be specially benefited thereby and the estimated amount of
the cost and expense of such improvement to be borne by each lot, tract
or parcel of land or other property, and also designating thereon all
property which is being purchased under contract from the county. The
resolution of intention ((shall)) must be published in at least two
consecutive issues of a newspaper of general circulation in such
county, the date of the first publication to be at least fifteen days
prior to the date fixed by such resolution for hearing before the board
of county commissioners.
(2) Notice of the adoption of the resolution of intention ((shall))
must be given each owner or reputed owner of any lot, tract or parcel
of land or other property within the proposed improvement district by
mailing said notice to the owner or reputed owner of the property as
shown on the tax rolls of the county treasurer at the address shown
thereon at least fifteen days before the date fixed for the public
hearing. The notice ((shall)) must refer to the resolution of
intention and designate the proposed improvement district by number.
((Said)) The notice ((shall)) must also set forth the nature of the
proposed improvement, the total estimated cost, the proportion of total
cost to be borne by assessments, the estimated amount of the cost and
expense of such improvement to be borne by the particular lot, tract or
parcel, the date and place of the hearing before the board of county
commissioners, and ((shall)) must contain the directions hereinafter
provided for voting upon the formation of the proposed improvement
district.
(3) The clerk of the board ((shall)) must prepare and mail,
together with the notice above referred to, a ballot for each owner or
reputed owner of any lot, tract or parcel of land within the proposed
improvement district. This ballot ((shall)) must contain the following
proposition:
Sec. 155 RCW 36.88.050 and 1963 c 4 s 36.88.050 are each amended
to read as follows:
(1) In case any such road improvement ((shall be)) is initiated by
petition, such petition ((shall)) must set forth the nature and
territorial extent of such proposed improvement, and the fact that the
signers thereof are the owners, according to the records of the county
auditor of property to an aggregate amount of a majority of the lineal
frontage upon the improvement to be made and of the area within the
limits of the assessment district to be created therefor.
(2) Upon the filing of such petition the board ((shall)) must
determine whether the same ((shall be)) is sufficient and whether the
property within the proposed district ((shall be)) is sufficiently
developed and if the board ((shall)) finds the district to be
sufficiently developed and the petition to be sufficient, it ((shall))
must proceed to adopt a resolution setting forth the nature and
territorial extent of the improvement petitioned for, designating the
number of the proposed improvement district and describing the
boundaries thereof, stating the estimated cost and expense of the
improvement and the proportionate amount thereof which will be borne by
the property within the proposed district, notifying the owners of
property therein to appear at a meeting of the board at the time
specified in such resolution, and directing the county road engineer to
submit to the board at or prior to the date fixed for such hearing a
diagram or print showing thereon the lots, tracts and parcels of land
and other property which will be specially benefited thereby and the
estimated amount of the cost and expense of such improvement to be
borne by each lot, tract or parcel of land or other property, and also
designating thereon all property which is being purchased under
contract from the county. The resolution of intention ((shall)) must
be published in at least two consecutive issues of a newspaper of
general circulation in such county, the date of the first publication
to be at least fifteen days prior to the date fixed by such resolution
for hearing before the board of county commissioners.
(3) Notice of the adoption of the resolution of intention ((shall))
must be given each owner or reputed owner of any lot, tract or parcel
of land or other property within the proposed improvement district by
mailing said notice to the owner or reputed owner of the property as
shown on the tax rolls of the county treasurer at the address shown
thereon at least fifteen days before the date fixed for the public
hearing. The notice ((shall)) must refer to the resolution of
intention and designate the proposed improvement district by number.
((Said)) The notice ((shall)) must also set forth the nature of the
proposed improvement, the total estimated cost, the proportion of total
cost to be borne by assessments, the estimated amount of the cost and
expense of such improvement to be borne by the particular lot, tract or
parcel, the date and place of the hearing before the board of county
commissioners, and the fact that property owners may withdraw their
names from the petition or add their names thereto at any time prior to
five o'clock p.m. of the day before the hearing.
(4) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
NEW SECTION. Sec. 201 A new section is added to chapter 82.14
RCW to read as follows:
(1)(a) A county may impose a sales and use tax in accordance with
the terms of this chapter. The tax is in addition to other taxes
authorized by law and must be collected from those persons who are
taxable by the state under chapters 82.08 and 82.12 RCW upon the
occurrence of any taxable event within the county.
(i) The rate of the additional tax is one-tenth of one percent of
the selling price, in the case of a sales tax, or value of the article
used, in the case of a use tax, for a county located west of the crest
of the Cascade mountains having a population of two hundred fifty
thousand or more or a county located east of the crest of the Cascade
mountains having a population of four hundred seventy thousand or more.
(ii) The rate of the additional tax is two-tenths of one percent of
the selling price, in the case of a sales tax, or value of the article
used, in the case of a use tax, for counties not described under (a)(i)
of this subsection (1).
(b) If a county does not impose the tax authorized under this
section by January 1, 2013, a city located within the county may impose
a sales and use tax in accordance with the terms of this chapter. The
rate of tax under this subsection is one-tenth of one percent of the
selling price in the case of a sales tax, or value of the article used,
in the case of a use tax for a city located in a county described under
(a)(i) of this subsection (1). The rate is two-tenths of one percent
for cities located in other counties. A city may not begin imposing a
tax under this subsection (1)(b) prior to January 1, 2013. A tax
imposed under this subsection (1)(b) must be credited against any
county tax imposed under this section.
(2)(a) Tax proceeds received under this section by a county
described under subsection (1)(a)(i) of this section must be shared
between the county and the cities as follows: Fifty percent must be
retained by the county and the remainder must be distributed on a per
capita basis to cities in the county. However, a county is not
required to share tax proceeds with a city imposing a tax under
subsection (1)(b) of this section.
(b) Tax proceeds received under this section by a county not
described under subsection (1)(a)(i) of this section must be shared
between the county and the cities as follows: Eighty percent must be
retained by the county and the remainder must be distributed on a per
capita basis to cities in the county.
NEW SECTION. Sec. 202 A new section is added to chapter 82.14
RCW to read as follows:
(1) A city or county may impose a sales and use tax upon the retail
sale or use within the county by restaurants, taverns, and bars of food
and beverages that are taxable by the state under chapters 82.08 and
82.12 RCW. The rate of the tax may not exceed five-tenths of one
percent of the selling price in the case of a sales tax, or value of
the article used, in the case of a use tax. If the rate of tax is
below five-tenths of one percent, the rate must be in an increment of
one-tenth of one percent. The tax authorized under this section is in
addition to any other taxes authorized by law.
(2) Any county ordinance or resolution adopted under this section
must contain a provision allowing a credit against the county tax for
the full amount of any city tax imposed under this section upon the
same taxable event.
(3) As used in this section, "restaurant" does not include grocery
stores, mini markets, or convenience stores.
Sec. 203 RCW 82.14.350 and 1995 2nd sp.s. c 10 s 1 are each
amended to read as follows:
(1) A county legislative authority in a county with a population of
less than one million may ((submit an authorizing proposition to the
county voters, and if the proposition is approved by a majority of
persons voting,)) fix and impose a sales and use tax in accordance with
the terms of this chapter for the purposes designated in subsection (3)
of this section.
(2) The tax authorized in this section ((shall be)) is in addition
to any other taxes authorized by law and shall be collected from those
persons who are taxable by the state under chapters 82.08 and 82.12 RCW
upon the occurrence of any taxable event within the county. The rate
of tax ((shall)) must equal one-tenth of one percent of the selling
price in the case of a sales tax, or value of the article used, in the
case of a use tax.
(3) Moneys received from any tax imposed under this section
((shall)) must be used solely for the purpose of providing funds for
costs associated with financing, design, acquisition, construction,
equipping, operating, maintaining, remodeling, repairing, reequipping,
and improvement of juvenile detention facilities and jails.
(4) Counties are authorized to develop joint ventures to colocate
juvenile detention facilities and to colocate jails.
Sec. 204 RCW 82.14.450 and 2010 c 127 s 1 are each amended to
read as follows:
(1) A county legislative authority may ((submit an authorizing
proposition to the county voters at a primary or general election and,
if the proposition is approved by a majority of persons voting, impose
a sales and use tax in accordance with the terms of this chapter. The
title of each ballot measure must clearly state the purposes for which
the proposed sales and use tax will be used)) impose a sales and use
tax in accordance with this chapter. The rate of tax under this
section may not exceed three-tenths of one percent of the selling price
in the case of a sales tax, or value of the article used, in the case
of a use tax.
(2)(a) A city legislative authority may ((submit an authorizing
proposition to the city voters at a primary or general election and, if
the proposition is approved by a majority of persons voting,)) impose
a sales and use tax in accordance with the terms of this chapter.
((The title of each ballot measure must clearly state the purposes for
which the proposed sales and use tax will be used.)) The rate of tax
under this subsection may not exceed one-tenth of one percent of the
selling price in the case of a sales tax, or value of the article used,
in the case of a use tax. ((A city may not begin imposing a tax
approved by the voters under this subsection prior to January 1,
2011.))
(b) If a county ((adopts an ordinance or resolution to submit a
ballot proposition to the voters to)) imposes the sales and use tax
under subsection (1) of this section prior to a city within the county
((adopting an ordinance or resolution to submit a ballot proposition to
the voters to impose)) imposing the tax under this subsection, the rate
of tax by the city under this subsection may not exceed an amount that
would cause the total county and city tax rate under this section to
exceed three-tenths of one percent. This subsection (2)(b) also
applies if the county and city adopt an ordinance or resolution to
impose sales and use taxes under this section on the same date.
(c) If the city ((adopts an ordinance or resolution to submit a
ballot proposition to the voters to)) imposes the sales and use tax
under this subsection prior to the county in which the city is located,
the county must provide a credit against its tax under subsection (1)
of this section for the city tax under this subsection to the extent
the total county and city tax rate under this section would exceed
three-tenths of one percent.
(3) The tax authorized in this section is in addition to any other
taxes authorized by law and must be collected from those persons who
are taxable by the state under chapters 82.08 and 82.12 RCW upon the
occurrence of any taxable event within the county.
(4) The retail sale or use of motor vehicles, and the lease of
motor vehicles for up to the first thirty-six months of the lease, are
exempt from tax imposed under this section.
(5) One-third of all money received under this section must be used
solely for criminal justice purposes, fire protection purposes, or
both. For the purposes of this subsection, "criminal justice purposes"
has the same meaning as provided in RCW 82.14.340.
(6) Money received by a county under subsection (1) of this section
must be shared between the county and the cities as follows: Sixty
percent must be retained by the county and forty percent must be
distributed on a per capita basis to cities in the county.
(7) Tax proceeds received by a city imposing a tax under this
section must be shared between the county and city as follows: Fifteen
percent must be distributed to the county and eighty-five percent is
retained by the city.
Sec. 205 RCW 82.14.460 and 2011 c 347 s 1 are each amended to
read as follows:
(1)(a) A county legislative authority may authorize, fix, and
impose a sales and use tax in accordance with the terms of this
chapter.
(b) If a county with a population over eight hundred thousand has
not imposed the tax authorized under this subsection by January 1,
2011, any city with a population over thirty thousand located in that
county may authorize, fix, and impose the sales and use tax in
accordance with the terms of this chapter. The county must provide a
credit against its tax for the full amount of tax imposed under this
subsection (1)(b) by any city located in that county if the county
imposes the tax after January 1, 2011.
(2) The tax authorized in this section is in addition to any other
taxes authorized by law and must be collected from those persons who
are taxable by the state under chapters 82.08 and 82.12 RCW upon the
occurrence of any taxable event within the county for a county's tax
and within a city for a city's tax. The rate of tax equals one-tenth
of one percent of the selling price in the case of a sales tax, or
value of the article used, in the case of a use tax.
(3) Moneys collected under this section must be used solely for the
purpose of providing for the operation or delivery of chemical
dependency or mental health treatment programs and services and for the
operation or delivery of therapeutic court programs and services. For
the purposes of this section, "programs and services" includes, but is
not limited to, treatment services, case management, and housing that
are a component of a coordinated chemical dependency or mental health
treatment program or service.
(4) All moneys collected under this section must be used solely for
the purpose of providing new or expanded programs and services as
provided in this section, except as follows:
(a) For a county with a population larger than twenty-five thousand
or a city with a population over thirty thousand, which initially
imposed the tax authorized under this section prior to January 1, 2012,
a portion of moneys collected under this section may be used to
supplant existing funding for these purposes as follows: Up to fifty
percent may be used to supplant existing funding in calendar years
2011-2012; up to forty percent may be used to supplant existing funding
in calendar year 2013; up to thirty percent may be used to supplant
existing funding in calendar year 2014; up to twenty percent may be
used to supplant existing funding in calendar year 2015; and up to ten
percent may be used to supplant existing funding in calendar year 2016;
(b) For a county with a population larger than twenty-five thousand
or a city with a population over thirty thousand, which initially
imposes the tax authorized under this section after December 31, 2011,
a portion of moneys collected under this section may be used to
supplant existing funding for these purposes as follows: Up to fifty
percent may be used to supplant existing funding for up to the first
three calendar years following adoption; and up to twenty-five percent
may be used to supplant existing funding for the fourth and fifth years
after adoption;
(c) For a county with a population of less than twenty-five
thousand, a portion of moneys collected under this section may be used
to supplant existing funding for these purposes as follows: Up to
eighty percent may be used to supplant existing funding in calendar
years 2011-2012; up to sixty percent may be used to supplant existing
funding in calendar year 2013; up to forty percent may be used to
supplant existing funding in calendar year 2014; up to twenty percent
may be used to supplant existing funding in calendar year 2015; and up
to ten percent may be used to supplant existing funding in calendar
year 2016; and
(((c))) (d) Notwithstanding (a) and (((b))) (c) of this subsection,
moneys collected under this section may be used to support the cost of
the judicial officer and support staff of a therapeutic court.
(5) Nothing in this section may be interpreted to prohibit the use
of moneys collected under this section for the replacement of lapsed
federal funding previously provided for the operation or delivery of
services and programs as provided in this section.
NEW SECTION. Sec. 206 The legislature recognizes counties have
limited revenue options and their capacity has been further limited
over the past decade. The legislature also recognizes the counties'
reliance on the limited revenue authorities makes it difficult for
counties to provide the necessary and required services to their
residents. The legislature also recognizes that cities have diverse
revenue options and the differences between cities and counties can be
confusing for both residents and businesses within a county. The
legislature also finds that a majority of citizens and businesses are
already paying a utility tax. The legislature intends to provide
counties with a utility tax option in order to help diversify revenue
options in order to provide necessary and required services.
NEW SECTION. Sec. 207 (1) Subject to the conditions and
requirements of this section, a county may impose an excise tax on the
privilege of engaging in business as a utility. The tax is equal to
the gross income of the utility derived from providing service to
consumers within the county multiplied by the rate provided in
subsection (2) of this section. A county may submit a ballot
proposition to the voters to seek voter approval to impose the tax
authorized under this section, but is not required to do so.
(2) A county may not impose a rate of tax that exceeds six percent.
(3) A county must use taxes collected under the authority of this
section only for public safety, infrastructure, capital projects, and
other services.
(4) A utility subject to tax under this section must add the tax to
the rates or charges it makes for utility services and separately state
the amount of tax on billings.
(5) A county may initially impose the tax authorized under this
section only on the first day of a calendar quarter and no sooner than
seventy-five days from the date the county adopts the ordinance or
resolution imposing the tax.
(6) A county may not impose a utility tax on manufacturing
facilities, aircraft repair facilities, industrial parks, industrial
facilities, farm businesses, and computer data centers. A county may
not provide a general exemption for sales by utilities to residential
customers unless business customers are also exempt.
(7) A county must allow a credit against the cable service utility
tax for any franchise fee paid by the cable service utility to the
county.
(8) A county must allow a credit against the tax imposed under the
authority of this section for the amount of any similar utility tax
imposed by a city or town on the same taxable event. The credit
required by this subsection may not exceed the amount of tax otherwise
due.
(9) In addition to any credit allowed under this section, a county,
at the request of a city or town, must provide a full or partial
deduction, as specified by the city or town, for any income derived
from the provision of utility service within the city or town.
(10) The definitions in this subsection apply throughout this
section.
(a) "Cable service utility" means a person providing cable service
as defined in the federal telecommunications act of 1996.
(b) "Electrical power utility" has the same meaning as light and
power business as defined in RCW 82.16.010.
(c) "Gas utility" has the same meaning as gas distribution business
as defined in RCW 82.16.010.
(d) "Gross income" is defined as provided in RCW 82.16.010.
(e) "Sewer utility" means a sewerage collection business as that
term is used in chapter 82.16 RCW.
(f) "Solid waste utility" means a solid waste collection business
as defined in RCW 82.18.010.
(g) "Telephone utility" means a person providing telecommunications
service as defined in RCW 82.04.065.
(h) "Utility" means an electrical power utility, gas utility,
telephone utility, water utility, sewer utility, solid waste utility,
or cable service utility.
(i) "Water utility" means a water distribution business as defined
in RCW 82.16.010.
Sec. 208 RCW 82.02.020 and 2010 c 153 s 3 are each amended to
read as follows:
(1) Except only as expressly provided in chapters 67.28, 81.104,
and 82.14 RCW, the state preempts the field of imposing retail sales
and use taxes and taxes upon parimutuel wagering authorized pursuant to
RCW 67.16.060, conveyances, and cigarettes, and no county, town, or
other municipal subdivision ((shall have)) has the right to impose
taxes of that nature. Except as provided in RCW 64.34.440 and
82.02.050 through 82.02.090, no county, city, town, or other municipal
corporation ((shall)) may impose any tax, fee, or charge, either direct
or indirect, on the construction or reconstruction of residential
buildings, commercial buildings, industrial buildings, or on any other
building or building space or appurtenance thereto, or on the
development, subdivision, classification, or reclassification of land.
However, this section does not preclude dedications of land or
easements within the proposed development or plat which the county,
city, town, or other municipal corporation can demonstrate are
reasonably necessary as a direct result of the proposed development or
plat to which the dedication of land or easement is to apply.
(2) This section does not prohibit voluntary agreements with
counties, cities, towns, or other municipal corporations that allow a
payment in lieu of a dedication of land or to mitigate a direct impact
that has been identified as a consequence of a proposed development,
subdivision, or plat. A local government ((shall)) may not use such
voluntary agreements for local off-site transportation improvements
within the geographic boundaries of the area or areas covered by an
adopted transportation program authorized by chapter 39.92 RCW. Any
such voluntary agreement is subject to the following provisions:
(((1))) (a) The payment ((shall)) must be held in a reserve account
and may only be expended to fund a capital improvement agreed upon by
the parties to mitigate the identified, direct impact;
(((2))) (b) The payment ((shall)) must be expended in all cases
within five years of collection; and
(((3))) (c) Any payment not so expended ((shall)) must be refunded
with interest to be calculated from the original date the deposit was
received by the county and at the same rate applied to tax refunds
pursuant to RCW 84.69.100; however, if the payment is not expended
within five years due to delay attributable to the developer, the
payment ((shall)) must be refunded without interest.
(3) No county, city, town, or other municipal corporation ((shall))
may require any payment as part of such a voluntary agreement which the
county, city, town, or other municipal corporation cannot establish is
reasonably necessary as a direct result of the proposed development or
plat.
(4) Nothing in this section prohibits cities, towns, counties, or
other municipal corporations from collecting reasonable fees from an
applicant for a permit or other governmental approval to cover the cost
to the city, town, county, or other municipal corporation of processing
applications, including proportionate staffing, administrative, and
facility costs associated with the processing of applications,
inspecting and reviewing plans, or preparing detailed statements
required by chapter 43.21C RCW, including reasonable fees that are
consistent with RCW 43.21C.420(6).
(5) This section does not limit the existing authority of any
county, city, town, or other municipal corporation to impose special
assessments on property specifically benefited thereby in the manner
prescribed by law.
(6) Nothing in this section prohibits counties, cities, or towns
from imposing or permits counties, cities, or towns to impose water,
sewer, natural gas, drainage utility, and drainage system charges.
However, no such charge ((shall)) may exceed the proportionate share of
such utility or system's capital costs which the county, city, or town
can demonstrate are attributable to the property being charged.
Furthermore, these provisions may not be interpreted to expand or
contract any existing authority of counties, cities, or towns to impose
such charges.
(7) Nothing in this section prohibits a transportation benefit
district from imposing fees or charges authorized in RCW 36.73.120 nor
prohibits the legislative authority of a county, city, or town from
approving the imposition of such fees within a transportation benefit
district.
(8) Nothing in this section prohibits counties, cities, or towns
from imposing transportation impact fees authorized pursuant to chapter
39.92 RCW.
(9) Nothing in this section prohibits counties, cities, or towns
from requiring property owners to provide relocation assistance to
tenants under RCW 59.18.440 and 59.18.450.
(10) Nothing in this section limits the authority of counties,
cities, or towns to implement programs consistent with RCW 36.70A.540,
nor to enforce agreements made pursuant to such programs.
(11) This section does not apply to special purpose districts
formed and acting pursuant to Title 54, 57, or 87 RCW, nor is the
authority conferred by these titles affected.
NEW SECTION. Sec. 209 A new section is added to chapter 35.21
RCW to read as follows:
Cities are authorized to accept credit cards, charge cards, debit
cards, smart cards, stored value cards, federal wire, and automatic
clearinghouse system transactions, or other electronic communication,
for any payment of any kind including, but not limited to, taxes,
fines, interest, penalties, special assessments, fees, rates, charges,
or moneys due cities. A payer desiring to pay by a credit card, charge
card, debit card, smart card, stored value card, federal wire,
automatic clearinghouse system, or other electronic communication must
bear the cost of processing the transaction in an amount determined by
the city, unless the city legislative authority finds that it is in the
best interests of the city to not charge transaction processing costs
for all payment transactions made for a specific category of payments.
The city's cost determination must be based upon costs incurred by the
city and may not, in any event, exceed the additional direct costs
incurred by the city to accept the specific form of payment utilized by
the payer.
NEW SECTION. Sec. 210 A new section is added to chapter 35A.21
RCW to read as follows:
Code cities are authorized to accept credit cards, charge cards,
debit cards, smart cards, stored value cards, federal wire, and
automatic clearinghouse system transactions, or other electronic
communication, for any payment of any kind including, but not limited
to, taxes, fines, interest, penalties, special assessments, fees,
rates, charges, or moneys due cities. A payer desiring to pay by a
credit card, charge card, debit card, smart card, stored value card,
federal wire, automatic clearinghouse system, or other electronic
communication must bear the cost of processing the transaction in an
amount determined by the city, unless the city legislative authority
finds that it is in the best interests of the city to not charge
transaction processing costs for all payment transactions made for a
specific category of payments. The city's cost determination must be
based upon costs incurred by the city and may not, in any event, exceed
the additional direct costs incurred by the city to accept the specific
form of payment utilized by the payer.
NEW SECTION. Sec. 211 Sections 206 and 207 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 212 Sections 206 and 207 of this act apply to
taxes levied for collection in 2013 and thereafter.
NEW SECTION. Sec. 301 RCW 82.14.300 (Local government criminal
justice assistance -- Finding) and 1995 c 312 s 83 & 1990 2nd ex.s. c 1
s 1 are each repealed.
Sec. 302 RCW 82.14.310 and 2011 1st sp.s. c 50 s 970 are each
amended to read as follows:
(1) The county criminal justice assistance account is created in
the state treasury. Beginning in fiscal year 2000, the state treasurer
must transfer into the county criminal justice assistance account from
the general fund the sum of twenty-three million two hundred thousand
dollars divided into four equal deposits occurring on July 1, October
1, January 1, and April 1. For each fiscal year thereafter, the state
treasurer must increase the total transfer by the fiscal growth factor,
as defined in RCW 43.135.025, forecast for that fiscal year by the
office of financial management in November of the preceding year.
(2) The moneys deposited in the county criminal justice assistance
account for distribution under this section, less any moneys
appropriated for purposes under subsection (4) of this section, must be
distributed at such times as distributions are made under RCW 82.44.150
and on the relative basis of each county's funding factor as determined
under this subsection.
(a) A county's funding factor is the sum of:
(i) The population of the county, divided by one thousand, and
multiplied by two-tenths;
(ii) The crime rate of the county, multiplied by three-tenths; and
(iii) The annual number of criminal cases filed in the county
superior court, for each one thousand in population, multiplied by
five-tenths.
(b) Under this section and RCW 82.14.320 and 82.14.330:
(i) The population of the county or city is as last determined by
the office of financial management;
(ii) The crime rate of the county or city is the annual occurrence
of specified criminal offenses, as calculated in the most recent annual
report on crime in Washington state as published by the Washington
association of sheriffs and police chiefs, for each one thousand in
population;
(iii) The annual number of criminal cases filed in the county
superior court must be determined by the most recent annual report of
the courts of Washington, as published by the administrative office of
the courts;
(iv) Distributions and eligibility for distributions in the 1989-1991 biennium must be based on 1988 figures for both the crime rate as
described under (ii) of this subsection and the annual number of
criminal cases that are filed as described under (iii) of this
subsection. Future distributions must be based on the most recent
figures for both the crime rate as described under (ii) of this
subsection and the annual number of criminal cases that are filed as
described under (iii) of this subsection.
(3) Moneys distributed under this section must be expended
exclusively for criminal justice purposes and may not be used to
replace or supplant existing funding. Criminal justice purposes are
defined as activities that substantially assist the criminal justice
system, which may include circumstances where ancillary benefit to the
civil or juvenile justice system occurs, and which includes (a)
domestic violence services such as those provided by domestic violence
programs, community advocates, and legal advocates, as defined in RCW
70.123.020, and (b) during the 2001-2003 fiscal biennium, juvenile
dispositional hearings relating to petitions for at-risk youth,
truancy, and children in need of services. Existing funding for
purposes of this subsection is defined as calendar year 1989 actual
operating expenditures for criminal justice purposes. Calendar year
1989 actual operating expenditures for criminal justice purposes
exclude the following: Expenditures for extraordinary events not
likely to reoccur, changes in contract provisions for criminal justice
services, beyond the control of the local jurisdiction receiving the
services, and major nonrecurring capital expenditures.
(4) Not more than five percent of the funds deposited to the county
criminal justice assistance account may be available for appropriations
for enhancements to the state patrol crime laboratory system and the
continuing costs related to these enhancements. Funds appropriated
from this account for such enhancements may not supplant existing funds
from the state general fund.
(5) ((During the 2011-2013 fiscal biennium,)) Until October 1,
2012, the amount that would otherwise be transferred into the county
criminal justice assistance account from the general fund under
subsection (1) of this section must be reduced by 3.4 percent.
(6) After October 1, 2012, the state treasurer may not make any
additional transfers into the county criminal justice assistance
account or distributions to counties under this section.
Sec. 303 RCW 82.14.320 and 2011 1st sp.s. c 50 s 971 are each
amended to read as follows:
(1) The municipal criminal justice assistance account is created in
the state treasury. Beginning in fiscal year 2000, the state treasurer
must transfer into the municipal criminal justice assistance account
for distribution under this section from the general fund the sum of
four million six hundred thousand dollars divided into four equal
deposits occurring on July 1, October 1, January 1, and April 1. For
each fiscal year thereafter, the state treasurer must increase the
total transfer by the fiscal growth factor, as defined in RCW
43.135.025, forecast for that fiscal year by the office of financial
management in November of the preceding year.
(2) No city may receive a distribution under this section from the
municipal criminal justice assistance account unless:
(a) The city has a crime rate in excess of one hundred twenty-five
percent of the statewide average as calculated in the most recent
annual report on crime in Washington state as published by the
Washington association of sheriffs and police chiefs;
(b) The city has levied the tax authorized in RCW 82.14.030(2) at
the maximum rate or the tax authorized in RCW 82.46.010(3) at the
maximum rate; and
(c) The city has a per capita yield from the tax imposed under RCW
82.14.030(1) at the maximum rate of less than one hundred fifty percent
of the statewide average per capita yield for all cities from such
local sales and use tax.
(3) The moneys deposited in the municipal criminal justice
assistance account for distribution under this section, less any moneys
appropriated for purposes under subsection (7) of this section, must be
distributed at such times as distributions are made under RCW
82.44.150. The distributions must be made as follows:
(a) Unless reduced by this subsection, thirty percent of the moneys
must be distributed ratably based on population as last determined by
the office of financial management to those cities eligible under
subsection (2) of this section that have a crime rate determined under
subsection (2)(a) of this section which is greater than one hundred
seventy-five percent of the statewide average crime rate. No city may
receive more than fifty percent of any moneys distributed under this
subsection (a) but, if a city distribution is reduced as a result of
exceeding the fifty percent limitation, the amount not distributed must
be distributed under (b) of this subsection.
(b) The remainder of the moneys, including any moneys not
distributed in subsection (2)(a) of this section, must be distributed
to all cities eligible under subsection (2) of this section ratably
based on population as last determined by the office of financial
management.
(4) No city may receive more than thirty percent of all moneys
distributed under subsection (3) of this section.
(5) Notwithstanding other provisions of this section, the
distributions to any city that substantially decriminalizes or repeals
its criminal code after July 1, 1990, and that does not reimburse the
county for costs associated with criminal cases under RCW 3.50.800 or
3.50.805(2), must be made to the county in which the city is located.
(6) Moneys distributed under this section must be expended
exclusively for criminal justice purposes and may not be used to
replace or supplant existing funding. Criminal justice purposes are
defined as activities that substantially assist the criminal justice
system, which may include circumstances where ancillary benefit to the
civil justice system occurs, and which includes domestic violence
services such as those provided by domestic violence programs,
community advocates, and legal advocates, as defined in RCW 70.123.020,
and publications and public educational efforts designed to provide
information and assistance to parents in dealing with runaway or at-risk youth. Existing funding for purposes of this subsection is
defined as calendar year 1989 actual operating expenditures for
criminal justice purposes. Calendar year 1989 actual operating
expenditures for criminal justice purposes exclude the following:
Expenditures for extraordinary events not likely to reoccur, changes in
contract provisions for criminal justice services, beyond the control
of the local jurisdiction receiving the services, and major
nonrecurring capital expenditures.
(7) Not more than five percent of the funds deposited to the
municipal criminal justice assistance account may be available for
appropriations for enhancements to the state patrol crime laboratory
system and the continuing costs related to these enhancements. Funds
appropriated from this account for such enhancements may not supplant
existing funds from the state general fund.
(8) ((During the 2011-2013 fiscal biennium,)) Until October 1,
2012, the amount that would otherwise be transferred into the municipal
criminal justice assistance account from the general fund under
subsection (1) of this section must be reduced by 3.4 percent.
(9) After October 1, 2012, the state treasurer may not make any
additional transfers into the municipal criminal justice assistance
account or distributions to local governments under this section.
Sec. 304 RCW 82.14.330 and 2011 1st sp.s. c 50 s 972 are each
amended to read as follows:
(1)(a) Beginning in fiscal year 2000, the state treasurer must
transfer into the municipal criminal justice assistance account for
distribution under this section from the general fund the sum of four
million six hundred thousand dollars divided into four equal deposits
occurring on July 1, October 1, January 1, and April 1. For each
fiscal year thereafter, the state treasurer must increase the total
transfer by the fiscal growth factor, as defined in RCW 43.135.025,
forecast for that fiscal year by the office of financial management in
November of the preceding year. The moneys deposited in the municipal
criminal justice assistance account for distribution under this
section, less any moneys appropriated for purposes under subsection (4)
of this section, must be distributed to the cities of the state as
follows:
(i) Twenty percent appropriated for distribution must be
distributed to cities with a three-year average violent crime rate for
each one thousand in population in excess of one hundred fifty percent
of the statewide three-year average violent crime rate for each one
thousand in population. The three-year average violent crime rate must
be calculated using the violent crime rates for each of the preceding
three years from the annual reports on crime in Washington state as
published by the Washington association of sheriffs and police chiefs.
Moneys must be distributed under this subsection (1)(a) ratably based
on population as last determined by the office of financial management,
but no city may receive more than one dollar per capita. Moneys
remaining undistributed under this subsection at the end of each
calendar year must be distributed to the criminal justice training
commission to reimburse participating city law enforcement agencies
with ten or fewer full-time commissioned patrol officers the cost of
temporary replacement of each officer who is enrolled in basic law
enforcement training, as provided in RCW 43.101.200.
(ii) Sixteen percent must be distributed to cities ratably based on
population as last determined by the office of financial management,
but no city may receive less than one thousand dollars.
(b) The moneys deposited in the municipal criminal justice
assistance account for distribution under this subsection (1) must be
distributed at such times as distributions are made under RCW
82.44.150.
(c) Moneys distributed under this subsection (1) must be expended
exclusively for criminal justice purposes and may not be used to
replace or supplant existing funding. Criminal justice purposes are
defined as activities that substantially assist the criminal justice
system, which may include circumstances where ancillary benefit to the
civil justice system occurs, and which includes domestic violence
services such as those provided by domestic violence programs,
community advocates, and legal advocates, as defined in RCW 70.123.020.
Existing funding for purposes of this subsection is defined as calendar
year 1989 actual operating expenditures for criminal justice purposes.
Calendar year 1989 actual operating expenditures for criminal justice
purposes exclude the following: Expenditures for extraordinary events
not likely to reoccur, changes in contract provisions for criminal
justice services, beyond the control of the local jurisdiction
receiving the services, and major nonrecurring capital expenditures.
(2)(a) In addition to the distributions under subsection (1) of
this section:
(i) Ten percent must be distributed on a per capita basis to cities
that contract with another governmental agency for the majority of the
city's law enforcement services. Cities that subsequently qualify for
this distribution must notify the department of commerce by November
30th for the upcoming calendar year. The department of commerce must
provide a list of eligible cities to the state treasurer by December
31st. The state treasurer must modify the distribution of these funds
in the following year. Cities have the responsibility to notify the
department of commerce of any changes regarding these contractual
relationships. Adjustments in the distribution formula to add or
delete cities may be made only for the upcoming calendar year; no
adjustments may be made retroactively.
(ii) The remaining fifty-four percent must be distributed to cities
and towns by the state treasurer on a per capita basis. These funds
must be used for: (A) Innovative law enforcement strategies; (B)
programs to help at-risk children or child abuse victim response
programs; and (C) programs designed to reduce the level of domestic
violence or to provide counseling for domestic violence victims.
(b) The moneys deposited in the municipal criminal justice
assistance account for distribution under this subsection (2), less any
moneys appropriated for purposes under subsection (4) of this section,
must be distributed at the times as distributions are made under RCW
82.44.150. Moneys remaining undistributed under this subsection at the
end of each calendar year must be distributed to the criminal justice
training commission to reimburse participating city law enforcement
agencies with ten or fewer full-time commissioned patrol officers the
cost of temporary replacement of each officer who is enrolled in basic
law enforcement training, as provided in RCW 43.101.200.
(c) If a city is found by the state auditor to have expended funds
received under this subsection (2) in a manner that does not comply
with the criteria under which the moneys were received, the city is
ineligible to receive future distributions under this subsection (2)
until the use of the moneys are justified to the satisfaction of the
director or are repaid to the state general fund.
(3) Notwithstanding other provisions of this section, the
distributions to any city that substantially decriminalizes or repeals
its criminal code after July 1, 1990, and that does not reimburse the
county for costs associated with criminal cases under RCW 3.50.800 or
3.50.805(2), must be made to the county in which the city is located.
(4) Not more than five percent of the funds deposited to the
municipal criminal justice assistance account may be available for
appropriations for enhancements to the state patrol crime laboratory
system and the continuing costs related to these enhancements. Funds
appropriated from this account for such enhancements may not supplant
existing funds from the state general fund.
(5) ((During the 2011-2013 fiscal biennium,)) Until October 1,
2012, the amount that would otherwise be transferred into the municipal
criminal justice assistance account from the general fund under
subsection (1) of this section must be reduced by 3.4 percent.
(6) After October 1, 2012, the state treasurer may not make any
additional transfers into the municipal criminal justice assistance
account or distributions to local governments under this section.
Sec. 305 RCW 82.14.370 and 2009 c 511 s 1 are each amended to
read as follows:
(1) The legislative authority of a rural county may impose a sales
and use tax in accordance with the terms of this chapter. The tax is
in addition to other taxes authorized by law and ((shall)) must be
collected from those persons who are taxable by the state under
chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event
within the county. The rate of tax ((shall)) may not exceed ((0.09))
0.1 percent of the selling price in the case of a sales tax or value of
the article used in the case of a use tax, except that for rural
counties with population densities between sixty and one hundred
persons per square mile, the rate ((shall)) may not exceed 0.04 percent
before January 1, 2000.
(2) ((The tax imposed under subsection (1) of this section shall be
deducted from the amount of tax otherwise required to be collected or
paid over to the department of revenue under chapter 82.08 or 82.12
RCW.)) The department of revenue ((shall)) must perform the collection
of such taxes on behalf of the county at no cost to the county.
(3)(a) Moneys collected under this section ((shall)) may only be
used to finance public facilities serving economic development purposes
in rural counties and finance personnel in economic development
offices. The public facility must be listed as an item in the
officially adopted county overall economic development plan, or the
economic development section of the county's comprehensive plan, or the
comprehensive plan of a city or town located within the county for
those counties planning under RCW 36.70A.040. For those counties that
do not have an adopted overall economic development plan and do not
plan under the growth management act, the public facility must be
listed in the county's capital facilities plan or the capital
facilities plan of a city or town located within the county.
(b) In implementing this section, the county ((shall)) must consult
with cities, towns, and port districts located within the county and
the associate development organization serving the county to ensure
that the expenditure meets the goals of chapter 130, Laws of 2004 and
the requirements of (a) of this subsection. Each county collecting
money under this section ((shall)) must report, as follows, to the
office of the state auditor, within one hundred fifty days after the
close of each fiscal year: (i) A list of new projects begun during the
fiscal year, showing that the county has used the funds for those
projects consistent with the goals of chapter 130, Laws of 2004 and the
requirements of (a) of this subsection; and (ii) expenditures during
the fiscal year on projects begun in a previous year. Any projects
financed prior to June 10, 2004, from the proceeds of obligations to
which the tax imposed under subsection (1) of this section has been
pledged ((shall)) may not be deemed to be new projects under this
subsection. No new projects funded with money collected under this
section may be for justice system facilities.
(c) The definitions in this section apply throughout this section.
(i) "Public facilities" means bridges, roads, domestic and
industrial water facilities, sanitary sewer facilities, earth
stabilization, storm sewer facilities, railroad, electricity, natural
gas, buildings, structures, telecommunications infrastructure,
transportation infrastructure, or commercial infrastructure, and port
facilities in the state of Washington.
(ii) "Economic development purposes" means those purposes which
facilitate the creation or retention of businesses and jobs in a
county.
(iii) "Economic development office" means an office of a county,
port districts, or an associate development organization as defined in
RCW 43.330.010, which promotes economic development purposes within the
county.
(4) No tax may be collected under this section before July 1, 1998.
(a) Except as provided in (b) of this subsection, no tax may be
collected under this section by a county more than twenty-five years
after the date that a tax is first imposed under this section.
(b) For counties imposing the tax at the rate of 0.09 percent
before August 1, 2009, the tax expires on the date that is twenty-five
years after the date that the 0.09 percent tax rate was first imposed
by that county.
(5) For purposes of this section, "rural county" means a county
with a population density of less than one hundred persons per square
mile or a county smaller than two hundred twenty-five square miles as
determined by the office of financial management and published each
year by the department for the period July 1st to June 30th.
Sec. 306 RCW 66.24.290 and 2010 1st sp.s. c 23 s 1301 are each
amended to read as follows:
(1) Any microbrewer or domestic brewery or beer distributor
licensed under this title may sell and deliver beer and strong beer to
holders of authorized licenses direct, but to no other person, other
than the board. Any certificate of approval holder authorized to act
as a distributor under RCW 66.24.270 ((shall)) must pay the taxes
imposed by this section.
(a) Every such brewery or beer distributor ((shall)) must report
all sales to the board monthly, pursuant to the regulations, and
((shall)) must pay to the board as an added tax for the privilege of
manufacturing and selling the beer and strong beer within the state a
tax of one dollar and thirty cents per barrel of thirty-one gallons on
sales to licensees within the state and on sales to licensees within
the state of bottled and canned beer, including strong beer, ((shall))
must pay a tax computed in gallons at the rate of one dollar and thirty
cents per barrel of thirty-one gallons.
(b) Any brewery or beer distributor whose applicable tax payment is
not postmarked by the twentieth day following the month of sale will be
assessed a penalty at the rate of two percent per month or fraction
thereof. Beer and strong beer ((shall)) must be sold by breweries and
distributors in sealed barrels or packages.
(c) The moneys collected under this subsection ((shall)) must be
distributed as follows through December 31, 2012: (i) Three-tenths of
a percent ((shall)) must be distributed to border areas under RCW
66.08.195; and (ii) of the remaining moneys: (A) Twenty percent
((shall)) must be distributed to counties in the same manner as under
RCW 66.08.200; and (B) eighty percent ((shall)) must be distributed to
incorporated cities and towns in the same manner as under RCW
66.08.210. Beginning January 1, 2013, the moneys collected under this
subsection must be deposited in the state general fund.
(d) Any licensed retailer authorized to purchase beer from a
certificate of approval holder with a direct shipment endorsement or a
brewery or microbrewery ((shall)) must make monthly reports to the
liquor control board on beer purchased during the preceding calendar
month in the manner and upon such forms as may be prescribed by the
board.
(2) An additional tax is imposed on all beer and strong beer
subject to tax under subsection (1) of this section. The additional
tax is equal to two dollars per barrel of thirty-one gallons. All
revenues collected during any month from this additional tax ((shall))
must be deposited in the state general fund by the twenty-fifth day of
the following month.
(3)(a) An additional tax is imposed on all beer and strong beer
subject to tax under subsection (1) of this section. The additional
tax is equal to ninety-six cents per barrel of thirty-one gallons
through June 30, 1995, two dollars and thirty-nine cents per barrel of
thirty-one gallons for the period July 1, 1995, through June 30, 1997,
and four dollars and seventy-eight cents per barrel of thirty-one
gallons thereafter.
(b) The additional tax imposed under this subsection does not apply
to the sale of the first sixty thousand barrels of beer each year by
breweries that are entitled to a reduced rate of tax under 26 U.S.C.
Sec. 5051, as existing on July 1, 1993, or such subsequent date as may
be provided by the board by rule consistent with the purposes of this
exemption.
(c) All revenues collected from the additional tax imposed under
this subsection (3) ((shall)) must be deposited in the state general
fund.
(4) An additional tax is imposed on all beer and strong beer that
is subject to tax under subsection (1) of this section that is in the
first sixty thousand barrels of beer and strong beer by breweries that
are entitled to a reduced rate of tax under 26 U.S.C. Sec. 5051, as
existing on July 1, 1993, or such subsequent date as may be provided by
the board by rule consistent with the purposes of the exemption under
subsection (3)(b) of this section. The additional tax is equal to one
dollar and forty-eight and two-tenths cents per barrel of thirty-one
gallons. By the twenty-fifth day of the following month, three percent
of the revenues collected from this additional tax ((shall)) must be
distributed to border areas under RCW 66.08.195 and the remaining
moneys ((shall)) must be transferred to the state general fund.
Beginning January 1, 2013, the moneys collected under this subsection
must be deposited in the state general fund.
(5)(a) From June 1, 2010, through June 30, 2013, an additional tax
is imposed on all beer and strong beer subject to tax under subsection
(1) of this section. The additional tax is equal to fifteen dollars
and fifty cents per barrel of thirty-one gallons.
(b) The additional tax imposed under this subsection does not apply
to the sale of the first sixty thousand barrels of beer each year by
breweries that are entitled to a reduced rate of tax under 26 U.S.C.
Sec. 5051 of the federal internal revenue code, as existing on July 1,
1993, or such subsequent date as may be provided by the board by rule
consistent with the purposes of this exemption.
(c) All revenues collected from the additional tax imposed under
this subsection ((shall)) must be deposited in the state general fund.
(6) The board may make refunds for all taxes paid on beer and
strong beer exported from the state for use outside the state.
(7) The board may require filing with the board of a bond to be
approved by it, in such amount as the board may fix, securing the
payment of the tax. If any licensee fails to pay the tax when due, the
board may forthwith suspend or cancel his or her license until all
taxes are paid.
Sec. 307 RCW 82.08.160 and 2011 1st sp.s. c 50 s 969 are each
amended to read as follows:
(1) On or before the twenty-fifth day of each month, all taxes
collected under RCW 82.08.150 during the preceding month must be
remitted to the state department of revenue, to be deposited with the
state treasurer. ((Except as provided in subsection (2) of this
section,)) Upon receipt of such moneys the state treasurer must credit
((sixty-five percent)) the percentage specified under subsection (2) of
this section of the sums collected and remitted under RCW 82.08.150 (1)
and (2) and one hundred percent of the sums collected and remitted
under RCW 82.08.150 (3) and (4) to the state general fund and ((thirty-five percent)) the percentage specified under subsection (2) of this
section of the sums collected and remitted under RCW 82.08.150 (1) and
(2) to a fund which is hereby created to be known as the "liquor excise
tax fund."
(2) ((During the 2011-2013 fiscal biennium)) Until January 1, 2013,
66.19 percent of the sums collected and remitted under RCW 82.08.150
(1) and (2) must be deposited in the state general fund and the
remainder collected and remitted under RCW 82.08.150 (1) and (2) must
be deposited in the liquor excise tax fund. Beginning January 1, 2013,
upon receipt of such moneys the state treasurer must credit one hundred
percent of the sums collected and remitted under RCW 82.08.150 (1) and
(2) to the general fund.
Sec. 308 RCW 82.08.170 and 2002 c 38 s 3 are each amended to read
as follows:
(1) During the months of January, April, July and October of each
year, the state treasurer ((shall)) must make the apportionment and
distribution of all moneys in the liquor excise tax fund to the
counties, cities and towns in the following proportions: (a) Twenty
percent of the moneys in the liquor excise tax fund ((shall)) must be
divided among and distributed to the counties of the state in
accordance with the provisions of RCW 66.08.200; and (b) eighty percent
of the moneys in the liquor excise tax fund ((shall)) must be divided
among and distributed to the cities and towns of the state in
accordance with the provisions of RCW 66.08.210.
(2) Each fiscal quarter and prior to making the twenty percent
distribution to counties under subsection (1)(a) of this section, the
treasurer ((shall)) must transfer to the county research services
account under RCW 43.110.050 sufficient moneys to fund the allotments
from any legislative appropriations from the county research services
account.
(3) After the October 2012 distribution, the state treasurer may
not make any additional transfers or distributions under subsections
(1) and (2) of this section.
NEW SECTION. Sec. 309 RCW 82.08.180 (Apportionment and
distribution from liquor excise tax fund -- Withholding for
noncompliance) and 1991 sp.s. c 32 s 36, as now exiting or hereafter
amended, are each repealed, effective January 1, 2013.
NEW SECTION. Sec. 310 All moneys remaining in the liquor excise
tax fund on January 1, 2013, must be deposited by the state treasurer
into the local government contingency account hereby created in the
state treasury. Money in the account may be spent only after
appropriation. Money in the account is for one-time grants to a county
or city if the city or county meets the following criteria: (1) The
city or county has imposed the local option sales tax under section 201
of this act; and (2) the city or county demonstrates that critical
services cannot be maintained without one-time grant funding. The
amounts provided in grants to a city or county under this section may
not exceed any net reductions in revenues to the jurisdictions from
other provisions of this act.
Sec. 311 RCW 43.110.030 and 2010 c 271 s 701 are each amended to
read as follows:
(1) The department of commerce ((shall)) must contract for the
provision of municipal research and services to cities, towns, and
counties. Contracts for municipal research and services ((shall)) must
be made with state agencies, educational institutions, or private
consulting firms, that in the judgment of the department are qualified
to provide such research and services. Contracts for staff support may
be made with state agencies, educational institutions, or private
consulting firms that in the judgment of the department are qualified
to provide such support.
(2) Municipal research and services ((shall)) must consist of:
(a) Studying and researching city, town, and county government and
issues relating to city, town, and county government;
(b) Acquiring, preparing, and distributing publications related to
city, town, and county government and issues relating to city, town,
and county government;
(c) Providing educational conferences relating to city, town, and
county government and issues relating to city, town, and county
government; and
(d) Furnishing legal, technical, consultative, and field services
to cities, towns, and counties concerning planning, public health,
utility services, fire protection, law enforcement, public works, and
other issues relating to city, town, and county government.
(3) Requests for legal services by county officials ((shall)) must
be sent to the office of the county prosecuting attorney. Responses by
the department of commerce to county requests for legal services
((shall)) must be provided to the requesting official and the county
prosecuting attorney.
(4) The department of commerce ((shall)) must coordinate with the
association of Washington cities and the Washington state association
of counties in carrying out the activities in this section. ((Services
to cities and towns shall be based upon the moneys appropriated to the
department from the city and town research services account under RCW
43.110.060. Services to counties shall be based upon the moneys
appropriated to the department from the county research services
account under RCW 43.110.050.))
NEW SECTION. Sec. 312 The following acts or parts of acts are
each repealed:
(1) RCW 43.110.050 (County research services account) and 2002 c 38
s 1 & 1997 c 437 s 3; and
(2) RCW 43.110.060 (City and town research services account) and
2010 c 271 s 702, 2002 c 38 s 4, & 2000 c 227 s 1.
NEW SECTION. Sec. 313 All moneys remaining in the county
research services account and the city and town research services
account on January 1, 2013, must be deposited by the state treasurer
into the general fund.
Sec. 314 RCW 66.08.190 and 2011 1st sp.s. c 50 s 960 are each
amended to read as follows:
(1) ((Except for revenues generated by the 2003 surcharge of
$0.42/liter on retail sales of spirits that must be distributed to the
state general fund during the 2003-2005 biennium,)) During the months
of June, September, December, and March of each year, quarterly
distributions must be made to the department of commerce for the
support of the municipal research services centers, as provided in RCW
66.24.065.
(2)(a) When excess funds are distributed, all moneys subject to
distribution must be disbursed as ((follows:)) Provided in (b) of this subsection (2).
(a) Three-tenths of one percent to border areas under RCW
66.08.195; and
(b) Except as provided in subsection (4) of this section, from the
amount remaining after distribution under (a) of this subsection, (i)
fifty percent to the general fund of the state, (ii) ten percent to the
counties of the state, and (iii) forty percent to the incorporated
cities and towns of the state.
(2) During the months of June, September, December, and March of
each year, prior to disbursing the distribution to incorporated cities
and towns under subsection (1)(b) of this section, the treasurer must
deduct from that distribution an amount that will fund that quarter's
allotments under RCW 43.88.110 from any legislative appropriation from
the city and town research services account. The treasurer must
deposit the amount deducted into the city and town research services
account.
(3) The governor may notify and direct the state treasurer to
withhold the revenues to which the counties and cities are entitled
under this section if the counties or cities are found to be in
noncompliance pursuant to RCW 36.70A.340.
(4) During the 2011-2013 fiscal biennium, from the amount remaining
after distribution under subsection (1)(a) of this section, (a) 51.7
percent to the general fund of the state, (b) 9.7 percent to the
counties of the state, and (c) 38.6 percent to the incorporated cities
and towns of the state
(b) During the months of June, September, December, and March of
each year, quarterly distributions must be made to border areas,
counties, cities, and towns as provided in RCW 66.24.065.
(3) The amount remaining after distributions under subsections (1)
and (2) of this section must be deposited into the general fund.
Sec. 315 RCW 66.08.196 and 2001 c 8 s 2 are each amended to read
as follows:
(1) Distribution of funds to border areas under RCW 66.08.190 ((and
66.24.290 (1)(a) and (4) shall be)) is as follows:
(((1))) (a) Sixty-five percent of the funds ((shall)) must be
distributed to border areas ratably based on border area traffic
totals;
(((2))) (b) Twenty-five percent of the funds ((shall)) must be
distributed to border areas ratably based on border-related crime
statistics; and
(((3))) (c) Ten percent of the funds ((shall)) must be distributed
to border areas ratably based upon border area per capita law
enforcement spending.
(2) Distributions to an unincorporated area ((shall)) must be made
to the county in which such an area is located and may only be spent on
services provided to that area.
NEW SECTION. Sec. 316 The following acts or parts of acts, as
now existing or hereafter amended, are each repealed, effective January
1, 2013:
(1) RCW 66.08.200 (Liquor revolving fund -- Computation for
distribution to counties -- "Unincorporated area" defined) and 1979 c 151
s 167, 1977 ex.s. c 110 s 2, & 1957 c 175 s 7; and
(2) RCW 66.08.210 (Liquor revolving fund -- Computation for
distribution to cities) and 1979 c 151 s 168, 1977 ex.s. c 110 s 3, &
1957 c 175 s 8.
Sec. 317 RCW 35A.66.020 and 1967 ex.s. c 119 s 35A.66.020 are
each amended to read as follows:
The qualified electors of any code city may petition for an
election upon the question of whether the sale of liquor ((shall be))
is permitted within the boundaries of such city as provided by chapter
66.40 RCW, and ((shall be)) is governed by the procedure therein, and
may regulate music, dancing, and entertainment as authorized by RCW
66.28.080((: PROVIDED, That)). However, every code city ((shall))
must enforce state laws relating to the investigation and prosecution
of all violations of Title 66 RCW relating to control of alcoholic
beverages and ((shall be)) is entitled to retain the fines collected
therefrom as therein provided. Every code city ((shall)) must also
share in the allocation and distribution of liquor profits and excise
as provided in RCW ((82.08.170,)) 66.08.190((, and 66.08.210)), and
make reports of seizure as required by RCW 66.32.090, and otherwise
regulate by ordinances not in conflict with state law or liquor board
regulations.
Sec. 318 RCW 36.70A.340 and 2011 c 120 s 2 are each amended to
read as follows:
Upon receipt from the board of a finding that a state agency,
county, or city is in noncompliance under RCW 36.70A.330, or as a
result of failure to meet the requirements of RCW 36.70A.210, the
governor may either:
(1) Notify and direct the director of the office of financial
management to revise allotments in appropriation levels;
(2) Notify and direct the state treasurer to withhold the portion
of revenues to which the county or city is entitled under one or more
of the following: The motor vehicle fuel tax, as provided in chapter
82.36 RCW; the transportation improvement account, as provided in RCW
47.26.084; the rural arterial trust account, as provided in RCW
36.79.150; the sales and use tax, as provided in chapter 82.14 RCW; and
the liquor profit tax, as provided in RCW 66.08.190((; and the liquor
excise tax, as provided in RCW 82.08.170)); or
(3) File a notice of noncompliance with the secretary of state and
the county or city, which ((shall)) must temporarily rescind the county
or city's authority to collect the real estate excise tax under RCW
82.46.030 until the governor files a notice rescinding the notice of
noncompliance.
Sec. 319 RCW 70.94.390 and 1987 c 109 s 42 are each amended to
read as follows:
(1) The department may, at any time and on its own motion, hold a
hearing to determine if the activation of an authority is necessary for
the prevention, abatement and control of air pollution which exists or
is likely to exist in any area of the state. Notice of such hearing
((shall)) must be conducted in accordance with chapter 42.30 RCW and
chapter 34.05 RCW. If at such hearing the department finds that air
pollution exists or is likely to occur in a particular area, and that
the purposes of this chapter and the public interest will be best
served by the activation of an authority it ((shall)) must designate
the boundaries of such area and set forth in a report to the
appropriate county or counties recommendations for the activation of an
authority((: PROVIDED, That)). However, if at such hearing the
department determines that the activation of an authority is not
practical or feasible for the reason that a local or regional air
pollution control program cannot be successfully established or
operated due to unusual circumstances and conditions, but that the
control and/or prevention of air pollution is necessary for the
purposes of this chapter and the public interest, it may assume
jurisdiction and so declare by order. Such order ((shall)) must
designate the geographic area in which, and the effective date upon
which, the department will exercise jurisdiction for the control and/or
prevention of air pollution. The department ((shall)) must exercise
its powers and duties in the same manner as if it had assumed authority
under RCW 70.94.410.
(2) All expenses incurred by the department in the control and
prevention of air pollution in any county pursuant to the provisions of
RCW 70.94.390 and 70.94.410 ((shall)) constitute a claim against such
county. The department ((shall)) must certify the expenses to the
auditor of the county, who promptly ((shall)) must issue his warrant on
the county treasurer payable out of the current expense fund of the
county. In the event that the amount in the current expense fund of
the county is not adequate to meet the expenses incurred by the
department, ((the department shall certify to the state treasurer that
they have a prior claim on any money in the "liquor excise tax fund"
that is to be apportioned to that county by the state treasurer as
provided in RCW 82.08.170. In the event that the amount in the "liquor
excise tax fund" that is to be apportioned to that county by the state
treasurer is not adequate to meet the expenses incurred by the
department,)) the department ((shall)) must certify to the state
treasurer that they have a prior claim on any excess funds from the
liquor revolving fund that are to be distributed to that county as
provided in RCW 66.08.190 through 66.08.220. All moneys that are
collected as provided in this section ((shall)) must be placed in the
general fund in the account of the office of air programs of the
department.
Sec. 320 RCW 70.96A.087 and 1989 c 270 s 13 are each amended to
read as follows:
To be eligible to receive its share of liquor ((taxes and))
profits, each city and county ((shall)) must devote no less than two
percent of its share of liquor ((taxes and)) profits to the support of
a program of alcoholism and other drug addiction approved by the
alcoholism and other drug addiction board authorized by RCW 70.96A.300
and the secretary.
Sec. 321 RCW 43.63A.190 and 1995 c 159 s 5 are each amended to
read as follows:
Funds appropriated by the legislature as supplemental resources for
border areas ((shall)) must be distributed by the state treasurer
pursuant to the formula for distributing funds ((from the liquor
revolving fund)) to border areas, and expenditure requirements for such
distributions, under RCW 66.08.196.
Sec. 401 RCW 43.101.200 and 2011 1st sp.s. c 50 s 949 are each
amended to read as follows:
(1) All law enforcement personnel, except volunteers, and reserve
officers whether paid or unpaid, initially employed on or after January
1, 1978, ((shall)) must engage in basic law enforcement training which
complies with standards adopted by the commission pursuant to RCW
43.101.080. For personnel initially employed before January 1, 1990,
such training ((shall)) must be successfully completed during the first
fifteen months of employment of such personnel unless otherwise
extended or waived by the commission and ((shall)) must be requisite to
the continuation of such employment. Personnel initially employed on
or after January 1, 1990, ((shall)) must commence basic training during
the first six months of employment unless the basic training
requirement is otherwise waived or extended by the commission.
Successful completion of basic training is requisite to the
continuation of employment of such personnel initially employed on or
after January 1, 1990.
(2) Except as otherwise provided in this chapter, the commission
((shall)) must provide the aforementioned training together with
necessary facilities, supplies, materials, and the board and room of
noncommuting attendees for seven days per week, except during the
((2011-2013)) state fiscal ((biennium)) year 2012 when the
((employing,)) county, city(([,])), or state ((law enforcement)) agency
((shall)) that employs the law enforcement personnel must reimburse the
commission for twenty-five percent of the cost of training its
personnel. Effective July 1, 2012, the county or city agency that
employs the law enforcement personnel must reimburse the commission for
the total cost of training its personnel. Additionally, to the extent
funds are provided for this purpose, the commission ((shall)) must
reimburse to participating law enforcement agencies with ten or less
full-time commissioned patrol officers the cost of temporary
replacement of each officer who is enrolled in basic law enforcement
training((: PROVIDED, That)). However, such reimbursement ((shall))
may include only the actual cost of temporary replacement not to exceed
the total amount of salary and benefits received by the replaced
officer during his or her training period.
Sec. 402 RCW 43.101.220 and 2009 c 146 s 2 are each amended to
read as follows:
(1) The corrections personnel of the state and all counties and
municipal corporations initially employed on or after January 1, 1982,
((shall)) must engage in basic corrections training which complies with
standards adopted by the commission. The training ((shall)) must be
successfully completed during the first six months of employment of the
personnel, unless otherwise extended or waived by the commission, and
((shall)) must be requisite to the continuation of employment.
(2) The commission ((shall)) must provide the training required in
this section, together with facilities, supplies, materials, and the
room and board for noncommuting attendees. Effective July 1, 2012, the
county or municipal agency that employs the correctional personnel must
reimburse the commission for the total cost of training.
(3)(a) Subsections (1) and (2) of this section do not apply to the
Washington state department of corrections prisons division. The
Washington state department of corrections is responsible for
identifying training standards, designing curricula and programs, and
providing the training for those corrections personnel employed by it.
In doing so, the secretary of the department of corrections ((shall))
must consult with staff development experts and correctional
professionals both inside and outside of the agency, to include
soliciting input from labor organizations.
(b) The commission and the department of corrections share the
responsibility of developing and defining training standards and
providing training for community corrections officers employed within
the community corrections division of the department of corrections.
Sec. 403 RCW 43.101.224 and 1999 c 389 s 2 are each amended to
read as follows:
(1) On-going specialized training ((shall)) must be provided for
persons responsible for investigating child sexual abuse. Training
participants ((shall)) must have the opportunity to practice interview
skills and receive feedback from instructors.
(2) The commission, the department of social and health services,
the Washington association of sheriffs and police chiefs, and the
Washington association of prosecuting attorneys ((shall)) must design
and implement statewide training that contains consistent elements for
persons engaged in the interviewing of children for child sexual abuse
cases, including law enforcement, prosecution, and child protective
services.
(3) The training ((shall)) must: (a) Be based on research-based
practices and standards; (b) minimize the trauma of all persons who are
interviewed during abuse investigations; (c) provide methods of
reducing the number of investigative interviews necessary whenever
possible; (d) assure, to the extent possible, that investigative
interviews are thorough, objective, and complete; (e) recognize needs
of special populations, such as persons with developmental
disabilities; (f) recognize the nature and consequences of
victimization; (g) require investigative interviews to be conducted in
a manner most likely to permit the interviewed persons the maximum
emotional comfort under the circumstances; (h) address record retention
and retrieval; and (i) ((documentation of)) document investigative
interviews.
(4) Effective July 1, 2012, the employing county or city agency
must reimburse the commission for the total cost of training its
personnel under this section.
Sec. 404 RCW 43.101.225 and 2003 c 37 s 3 are each amended to
read as follows:
(1) By June 30, 2006, every new full-time law enforcement officer
employed, after July 27, 2003, by a state, county, or municipal law
enforcement agency ((shall)) must be trained on vehicular pursuits.
(2) Beginning July 1, 2006, every new full-time law enforcement
officer employed by a state, county, or municipal law enforcement
agency ((shall)) must be trained on vehicular pursuits, within six
months of employment.
(3) Nothing in chapter 37, Laws of 2003 requires training on
vehicular pursuit of any law enforcement officer who is employed in a
state, county, or city law enforcement agency on July 27, 2003, beyond
that which he or she has received prior to July 27, 2003.
(4) Effective July 1, 2012, the county or city agency that employs
the law enforcement personnel must reimburse the commission for the
total cost of training its personnel under this section.
Sec. 405 RCW 43.101.227 and 2003 c 270 s 1 are each amended to
read as follows:
(1) The commission must offer a training session on ((law
enforcement)) the interaction of law enforcement personnel with persons
with a developmental disability or mental illness. The training must
be developed by the commission in consultation with appropriate self
advocate and family advocate groups and with appropriate community,
local, and state organizations and agencies that have expertise in the
area of working with persons with a developmental disability or mental
illness. In developing the course, the commission must also examine
existing courses certified by the commission that relate to persons
with a developmental disability or mental illness.
(2) The training must consist of classroom instruction or internet
instruction and ((shall)) must replicate likely field situations to the
maximum extent possible. The training should include, at a minimum,
core instruction in all of the following:
(a) The cause and nature of mental illnesses and developmental
disabilities;
(b) How to identify indicators of mental illness and developmental
disability and how to respond appropriately in a variety of common
situations;
(c) Conflict resolution and de-escalation techniques for
potentially dangerous situations involving persons with a developmental
disability or mental illness;
(d) Appropriate language usage when interacting with persons with
a developmental disability or mental illness;
(e) Alternatives to lethal force when interacting with potentially
dangerous persons with a developmental disability or mental illness;
and
(f) Community and state resources available to serve persons with
a developmental disability or mental illness and how these resources
can be best used by law enforcement to benefit persons with a
developmental disability or mental illness in their communities.
(3) The training ((shall)) must be made available to law
enforcement agencies, through electronic means, for use at their
convenience and determined by the internal training needs and resources
of each agency.
(4) The commission ((shall)) must make all reasonable efforts to
secure private and nonstate public funds to implement this section.
(5) Effective July 1, 2012, the county or city agency that employs
the law enforcement personnel must reimburse the commission for the
total cost of training its personnel under this section.
Sec. 406 RCW 43.101.290 and 1993 c 127 s 5 are each amended to
read as follows:
The criminal justice training commission ((shall)) must provide
training for law enforcement ((officers)) personnel in identifying,
responding to, and reporting all violations of RCW 9A.36.080 and any
other crimes of bigotry or bias. Effective July 1, 2012, the county or
city agency that employs the law enforcement personnel must reimburse
the commission for the total cost of training its personnel under this
section.
Sec. 407 RCW 43.101.350 and 2007 c 382 s 2 are each amended to
read as follows:
(1) All law enforcement personnel initially hired to, transferred
to, or promoted to a supervisory or management position on or after
January 1, 1999, and all corrections personnel of the state and all
counties and municipal corporations transferred or promoted to a
supervisory or management position on or after January 1, 1982,
((shall)) must, within the first six months of entry into the position,
successfully complete the core training requirements prescribed by rule
of the commission for the position, or obtain a waiver or extension of
the core training requirements from the commission.
(2) Within one year after completion of the core training
requirements of this section, all law enforcement personnel and
corrections personnel ((shall)) must successfully complete all
remaining requirements for career level certification prescribed by
rule of the commission applicable to their position or rank, or obtain
a waiver or extension of the career level training requirements from
the commission.
(3) The commission ((shall)) must provide the training required in
this section, together with facilities, supplies, materials, and the
room and board for attendees who do not live within fifty miles of the
training center. The training ((shall)) must be delivered in the least
disruptive manner to local law enforcement or corrections agencies, and
will include but not be limited to regional on-site training,
interactive training, and credit for training given by the home
department. Effective July 1, 2012, the employing county or city
agency that employs the law enforcement personnel must reimburse the
commission for the total cost of training its personnel.
(4) Nothing in this section affects or impairs the employment
status of an employee whose employer does not provide the opportunity
to engage in the required training.
Sec. 408 RCW 43.101.370 and 1997 c 351 s 12 are each amended to
read as follows:
(1) Each year the criminal justice training commission ((shall))
must offer an intensive training session on investigation of child
abuse and neglect. The training ((shall)) must focus on the
investigative duties of law enforcement established under chapter 26.44
RCW with particular emphasis placed on child interview techniques to
increase the accuracy of statements taken from children and decrease
the need for additional interviews.
(2) Effective July 1, 2012, the county or city agency must
reimburse the commission for the total cost of training its personnel
under this section.
NEW SECTION. Sec. 409 The following acts or parts of acts are
each repealed:
(1) RCW 3.50.480 (City or town trial court improvement account--Contributions to account by city or town -- Use of funds) and 2005 c 457
s 3;
(2) RCW 3.58.060 (County trial court improvement account--Contributions to account by county -- Use of funds) and 2009 c 479 s 4 &
2005 c 457 s 4;
(3) RCW 35.20.280 (City trial court improvement account--Contribution by city to account--Use of funds) and 2005 c 457 s 5; and
(4) 2005 c 457 s 1 (uncodified).
Sec. 410 RCW 2.56.030 and 2009 c 479 s 2 are each amended to read
as follows:
The administrator for the courts ((shall)) must, under the
supervision and direction of the chief justice:
(1) Examine the administrative methods and systems employed in the
offices of the judges, clerks, stenographers, and employees of the
courts and make recommendations, through the chief justice, for the
improvement of the same;
(2) Examine the state of the dockets of the courts and determine
the need for assistance by any court;
(3) Make recommendations to the chief justice relating to the
assignment of judges where courts are in need of assistance and carry
out the direction of the chief justice as to the assignments of judges
to counties and districts where the courts are in need of assistance;
(4) Collect and compile statistical and other data and make reports
of the business transacted by the courts and transmit the same to the
chief justice to the end that proper action may be taken in respect
thereto;
(5) Prepare and submit budget estimates of state appropriations
necessary for the maintenance and operation of the judicial system and
make recommendations in respect thereto;
(6) Collect statistical and other data and make reports relating to
the expenditure of public moneys, state and local, for the maintenance
and operation of the judicial system and the offices connected
therewith;
(7) Obtain reports from clerks of courts in accordance with law or
rules adopted by the supreme court of this state on cases and other
judicial business in which action has been delayed beyond periods of
time specified by law or rules of court and make report thereof to
supreme court of this state;
(8) Act as secretary of the judicial conference referred to in RCW
2.56.060;
(9) Submit annually, as of February 1st, to the chief justice, a
report of the activities of the administrator's office for the
preceding calendar year including activities related to courthouse
security;
(10) Administer programs and standards for the training and
education of judicial personnel;
(11) Examine the need for new superior court and district court
judge positions under an objective workload analysis. The results of
the objective workload analysis ((shall)) must be reviewed by the board
for judicial administration which ((shall)) must make recommendations
to the legislature. It is the intent of the legislature that an
objective workload analysis become the basis for creating additional
district and superior court positions, and recommendations should
address that objective;
(12) Provide staff to the judicial retirement account plan under
chapter 2.14 RCW;
(13) Attend to such other matters as may be assigned by the supreme
court of this state;
(14) Within available funds, develop a curriculum for a general
understanding of child development, placement, and treatment resources,
as well as specific legal skills and knowledge of relevant statutes
including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules,
interviewing skills, and special needs of the abused or neglected
child. This curriculum ((shall)) must be completed and made available
to all juvenile court judges, court personnel, and service providers
and be updated yearly to reflect changes in statutes, court rules, or
case law;
(15) Develop, in consultation with the entities set forth in RCW
2.56.150(3), a comprehensive statewide curriculum for persons who act
as guardians ad litem under Title 13 or 26 RCW. The curriculum
((shall)) must be made available July 1, 2008, and include specialty
sections on child development, child sexual abuse, child physical
abuse, child neglect, domestic violence, clinical and forensic
investigative and interviewing techniques, family reconciliation and
mediation services, and relevant statutory and legal requirements. The
curriculum ((shall)) must be made available to all superior court
judges, court personnel, and all persons who act as guardians ad litem;
(16) Develop a curriculum for a general understanding of crimes of
malicious harassment, as well as specific legal skills and knowledge of
RCW 9A.36.080, relevant cases, court rules, and the special needs of
malicious harassment victims. This curriculum ((shall)) must be made
available to all superior court and court of appeals judges and to all
justices of the supreme court;
(17) Develop, in consultation with the criminal justice training
commission and the commissions established under chapters 43.113,
43.115, and 43.117 RCW, a curriculum for a general understanding of
ethnic and cultural diversity and its implications for working with
youth of color and their families. The curriculum ((shall)) must be
available to all superior court judges and court commissioners assigned
to juvenile court, and other court personnel. Ethnic and cultural
diversity training ((shall)) must be provided annually so as to
incorporate cultural sensitivity and awareness into the daily operation
of juvenile courts statewide;
(18) Authorize the use of closed circuit television and other
electronic equipment in judicial proceedings. The administrator
((shall)) must promulgate necessary standards and procedures and
((shall)) must provide technical assistance to courts as required;
(19) Develop a Washington family law handbook in accordance with
RCW 2.56.180;
(20) Administer state funds for improving the operation of the
courts and provide support for court coordinating councils, under the
direction of the board for judicial administration;
(21) Administer the family and juvenile court improvement grant
program;
(22)(((a) Administer and distribute amounts appropriated under RCW
43.08.250(2) for district court judges' and qualifying elected
municipal court judges' salary contributions. The administrator for
the courts shall develop a distribution formula for these amounts that
does not differentiate between district and elected municipal court
judges.)) Subject to the availability of funds specifically
appropriated therefor, assist courts in the development and
implementation of language assistance plans required under RCW
2.43.090.
(b) A city qualifies for state contribution of elected municipal
court judges' salaries under (a) of this subsection if:
(i) The judge is serving in an elected position;
(ii) The city has established by ordinance that a full-time judge
is compensated at a rate equivalent to at least ninety-five percent,
but not more than one hundred percent, of a district court judge salary
or for a part-time judge on a pro rata basis the same equivalent; and
(iii) The city has certified to the office of the administrator for
the courts that the conditions in (b)(i) and (ii) of this subsection
have been met;
(23)
Sec. 411 RCW 3.62.050 and 2005 c 457 s 6 are each amended to read
as follows:
The total expenditures of the district courts, including the cost
of providing courtroom and office space, the cost of probation and
parole services and any personnel employment therefor, and the cost of
providing services necessary for the preparation and presentation of a
defense at public expense, except costs of defense to be paid by a city
pursuant to RCW 3.62.070 ((and the portion of district court judges'
salaries distributed by the administrator for the courts pursuant to
RCW 2.56.030, shall)) must be paid from the county current expense
fund.
Sec. 412 RCW 43.08.250 and 2009 c 479 s 26 are each amended to
read as follows:
(((1))) The money received by the state treasurer from fees, fines,
forfeitures, penalties, reimbursements or assessments by any court
organized under Title 3 or 35 RCW, or chapter 2.08 RCW, ((shall)) must
be deposited in the state general fund.
(((2) The money received by the state treasurer from the increase
in fees imposed by sections 9, 10, 12, 13, 14, 17, and 19, chapter 457,
Laws of 2005 shall be deposited in the state general fund. It is the
intent of the legislature that fifty percent of such money be
appropriated to the administrator for the courts for the purposes of
contributing to district court judges' salaries and to eligible elected
municipal court judges' salaries. It is further the intent of the
legislature that the balance of such moneys be used to fund criminal
indigent defense assistance and enhancement at the trial court level,
representation of parents in dependency and termination proceedings,
and civil legal representation of indigent persons.))
NEW SECTION. Sec. 413 A new section is added to chapter 43.43
RCW to read as follows:
(1) The bureau of forensic laboratory services, with assistance
from the forensic investigations council, must establish and charge a
fee for services provided to local governments. The bureau must
develop a fee structure that recovers fifty percent of all costs for
services performed for local governments in a fiscal year, as well as
cost recovery for funding eliminated under sections 302 through 304 of
this act. This fee may be partially offset for a local government that
provides office or laboratory space for the bureau of forensic
laboratory services.
(2) Fees collected from local governments for this purpose must be
deposited into the Washington state patrol's general fund--local
account and be used to support the work of the bureau of forensic
laboratory services.
NEW SECTION. Sec. 501 (1) Except as otherwise provided, this act
takes effect July 1, 2012.
(2) Sections 309, 311, 312, and 314 through 320 of this act take
effect January 1, 2013.