BILL REQ. #:  H-0488.1 

Read first time 01/18/13.   Referred to Committee on Local Government.

     AN ACT Relating to cemetery district formation requirements; and amending RCW 68.52.100 and 68.52.170.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 68.52.100 and 2008 c 96 s 1 are each amended to read as follows:
     For the purpose of forming a cemetery district, a petition designating the boundaries of the proposed district by metes and bounds or describing the lands to be included in the proposed district by government townships, ranges, and legal subdivisions, signed by not less than ten percent of the registered voters who reside within the boundaries of the proposed district based on the total vote cast in the last general county election, setting forth the object of the formation of such district and stating that the establishment thereof will be conducive to the public welfare and convenience, ((shall)) must be filed with the county auditor of the county within which the proposed district is located, accompanied by an obligation signed by two or more petitioners agreeing to pay the cost of publishing the notice hereinafter provided for. The county auditor ((shall)) must, within ((thirty)) fifteen days from the date of filing of such petition, examine the signatures and certify to the sufficiency or insufficiency thereof. ((The name of any person who signed a petition shall not be withdrawn from the petition after it has been filed with the county auditor. If the petition is found to contain a sufficient number of valid signatures)) If the petition is found to be insufficient, it must be returned to the persons filing it, who may amend or add names thereto for ten days, when it must be returned to the auditor, who has an additional fifteen days to examine it and attach the certificate thereto. No person signing the petition may withdraw his or her name from the petition after filing. When the petition is certified as sufficient, the county auditor ((shall)) must transmit it, together with ((a)) the certificate of sufficiency attached, to the county legislative authority, which ((shall)) must thereupon, by resolution entered upon its minutes, receive the same and fix a day and hour when it will publicly hear the petition.

Sec. 2   RCW 68.52.170 and 1947 c 6 s 9 are each amended to read as follows:
     The returns of such election ((shall)) must be canvassed at the court house ((on the Monday next following the day of the election, but the canvass)) following the election and may be adjourned from time to time if necessary to await the receipt of election returns which may be unavoidably delayed. The canvassing officials, upon conclusion of the canvass, ((shall forthwith)) must certify the results thereof in writing to the board of county commissioners. If upon examination of the certificate of the canvassing officials it is found that ((two-thirds)) a simple majority of all the votes cast at ((said)) the election were in favor of the formation of the cemetery district, the board of county commissioners ((shall)) must, by resolution entered upon its minutes, declare such territory duly organized as a cemetery district under the name theretofore designated and ((shall)) must declare the three candidates receiving the highest number of votes for cemetery commissioners, the duly elected first cemetery commissioners of the district. The clerk of the board of county commissioners ((shall)) must certify a copy of the resolution and cause it to be filed for record in the offices of the county auditor and the county assessor of the county. The certified copy ((shall be)) is entitled to ((record)) be recorded without payment of a recording fee. If the certificate of the canvassing officials shows that the proposition to organize the proposed cemetery district failed to receive ((two-thirds)) a simple majority of the votes cast at ((said)) the election, the board of county commissioners ((shall)) must enter a minute to that effect and all proceedings theretofore ((had shall become)) are null and void.