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, 68.52.110, 68.52.120, 68.52.130, 68.52.140, 68.52.150, 68.52.170, 68.52.180, and 68.52.220.

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)) (1) To form 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,)) setting forth the object of the formation of ((such)) the proposed district, and stating that the ((establishment thereof)) formation of the proposed district will be conducive to the public welfare and convenience, ((shall)) must be filed with the county auditor of the county ((within)) in 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.)) specified in RCW 68.52.120.
     (2) The petition must be signed by at least ten percent of the registered voters in the proposed district. However, in counties with only one municipality the petition must be signed by at least ten percent of the registered voters in the proposed district, based on the total vote cast in the most recent county general election.
     (3) The county auditor ((shall)) must, within thirty days from the date of filing of ((such)) the petition, examine the signatures and certify ((to)) the sufficiency or insufficiency ((thereof.)) of the petition.
     (4) Notwithstanding subsection (3) of this section, in counties with only one municipality the county auditor must examine the signatures and certify the sufficiency or insufficiency of the petition within fifteen days from the date of filing of the petition. If the county auditor certifies that the petition is insufficient, the county auditor must afford the person who filed the petition ten days from that certification to add additional signatures to the petition. The petition must be refiled by the end of that period. Within fifteen days from the date of refiling, the county auditor must examine the signatures and certify the sufficiency or insufficiency of the petition.
     (5) The name of any person who signed a petition ((shall)) may not be withdrawn from the petition after it has been filed with the county auditor.
     (6) If the petition is found to contain a sufficient number of valid signatures, the county auditor ((shall)) must transmit it, with a certificate of sufficiency attached, to the county legislative authority, which ((shall)) must thereupon, by resolution entered upon its minutes, receive the ((same)) petition and fix a day and hour when it will publicly hear the petition.
     (7) For the purposes of this section, "municipality" means a city or town.

Sec. 2   RCW 68.52.110 and 1947 c 6 s 3 are each amended to read as follows:
     The ((hearing on such petition shall be at the office of the board of county commissioners and shall be held)) county legislative authority must conduct a hearing on the petition not less than twenty nor more than forty days from the date of receipt ((thereof)) of the petition from the county auditor. The hearing may be completed on the day set ((therefor)) for hearing the petition or it may be adjourned from time to time as ((may be)) necessary, but ((such adjournment or adjournments shall not extend the time for determining said petition more than sixty days in all from the date of receipt by the board)) an adjournment may not extend the time for the county legislative authority's determination pursuant to RCW 68.52.140 more than sixty days from the date of receipt of the petition from the county auditor.

Sec. 3   RCW 68.52.120 and 2012 c 117 s 319 are each amended to read as follows:
     ((A copy of)) The text of the petition with the names of petitioners omitted((, together with)) and a notice signed by the clerk of the ((board of county commissioners)) county legislative authority stating the day, hour, and place of the hearing((, shall)) must be published in three consecutive weekly issues of the official newspaper of the county prior to the date of the hearing. ((Said clerk shall)) The clerk must also cause a copy of the petition with the names of petitioners omitted, ((together)) with a copy of the notice attached, to be posted for not less than fifteen days before the date of the hearing in ((each of)) three public places ((within the boundaries of)) in the proposed district, to be previously designated by him or her and made a matter of record in the proceedings.

Sec. 4   RCW 68.52.130 and 1947 c 6 s 5 are each amended to read as follows:
     At the time and place fixed for the hearing on the petition or at any adjournment thereof, the ((board of county commissioners shall hear said)) county legislative authority must hear the petition and receive such evidence as it may deem material in favor of or opposed to the formation of the proposed cemetery district or to the inclusion ((therein)) or exclusion ((therefrom)) of any lands in the proposed district, but no lands not within the boundaries of the proposed district as described in the petition ((shall)) may be included without a written waiver describing the land, executed by all persons having any interest of record therein, having been filed in the proceedings. No land within the boundaries described in the petition ((shall)) may be excluded from the proposed district.

Sec. 5   RCW 68.52.140 and 1996 c 324 s 3 are each amended to read as follows:
     ((The county legislative authority shall have full authority to hear and determine the petition, and if it finds that the formation of the district will be conducive to the public welfare and convenience, it shall by resolution so declare, otherwise it shall deny the petition. If the county legislative authority finds in favor of the formation of the district, it shall designate the name and number of the district, fix the boundaries thereof, and cause an election to be held therein for the purpose of determining whether or not the district shall be organized under the provisions of this chapter, and for the purpose of electing its first cemetery district commissioners. At the same election three cemetery district commissioners shall be elected, but the election of the commissioners shall be null and void if the district is not created. No primary shall be held for the office of cemetery district commissioner. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. Candidates shall run for specific commissioner positions. The person receiving the greatest number of votes for each commissioner position shall be elected to that commissioner)) (1) After conducting the hearing on the petition, if the county legislative authority determines that the formation of the proposed cemetery district will be conducive to the public welfare and convenience, the county legislative authority must by resolution so declare, otherwise the county legislative authority must deny the petition.
     (2) If the county legislative authority finds in favor of the formation of the proposed district, the county legislative authority must designate the name and number of the proposed district, fix the boundaries of the proposed district, and cause an election to be held in the proposed district to determine whether the proposed district will be formed under the provisions of this chapter, and to elect the first cemetery district commissioners.
     (3) Three cemetery district commissioners must be elected at the election to determine whether the proposed district will be formed, but the election of the commissioners is null and void if the district is not formed. No primary will be held for the office of cemetery district commissioner. A special filing period must be opened as provided in RCW 29A.24.171 and 29A.24.181. Candidates must run for specific commissioner positions. The person receiving the greatest number of votes for each commissioner position is elected to that position. The terms of office of the initial commissioners ((shall be)) are as provided in RCW 68.52.220.

Sec. 6   RCW 68.52.150 and 1947 c 6 s 7 are each amended to read as follows:
     Except as otherwise provided in this chapter, the election ((shall)) must insofar as possible be called, noticed, held, conducted, and canvassed in the same manner and by the same officials as provided by law for special elections in the county. ((For the purpose of such election county voting precincts may be combined or divided and redefined, and the territory in the district shall be included in one or more election precincts as may be deemed convenient, a polling place being designated for each such precinct. The notice of election shall state generally and briefly the purpose thereof, shall give the boundaries of the proposed district, define the election precinct or precincts, designate the polling place for each, mention the names of the candidates for first cemetery district commissioners, and name the day of the election and the hours during which the polls will be open)) The notice of election must: State generally and briefly the purpose of the election; describe the boundaries of the proposed cemetery district; list the names of the candidates for first cemetery district commissioners; and specify the election date.

Sec. 7   RCW 68.52.170 and 1947 c 6 s 9 are each amended to read as follows:
     ((The returns of such election shall be canvassed at the court house on the Monday next following the day of the election, but the canvass 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 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 of all the votes cast at said election were in favor of the formation of the cemetery district, the board of county commissioners shall, by resolution entered upon its minutes, declare such territory duly organized as a cemetery district under the name theretofore designated and shall 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 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 entitled to record 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 of the votes cast at said election, the board of county commissioners shall enter a minute to that effect and all proceedings theretofore had shall become)) (1) The returns of the election must be canvassed following the election, but the canvass may be adjourned from time to time to await the receipt of election returns. Upon conclusion of the canvass, the canvassing officials must certify the results to the county legislative authority.
     (2) The cemetery district is formed if two-thirds of all votes cast at the election were in favor of the formation of the proposed district. However, in counties with only one municipality the district is formed if a majority of all votes cast at the election were in favor of the formation of the proposed district.
     (3) If the proposition to form the proposed district received the voter approval required under this section, the county legislative authority must by resolution recorded in the county legislative authority's minutes: Declare the district formed under the name and number previously designated; and declare the three candidates receiving the highest number of votes for cemetery district commissioners as the duly elected first commissioners of the district. The clerk of the county legislative authority 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 may be recorded without payment of a recording fee.
     (4) If the proposition to form the proposed district failed to receive the voter approval required under this section, the county legislative authority must record in the county legislative authority's minutes the failed vote, and all proceedings relating to the proposed district are null and void.
     (5) For the purposes of this section, "municipality" means a city or town.

Sec. 8   RCW 68.52.180 and 1947 c 6 s 10 are each amended to read as follows:
     (1) Any person, firm, or corporation having a substantial interest involved, and feeling aggrieved by any finding, determination, or resolution of the ((board of county commissioners)) county legislative authority under the provisions of this chapter, may appeal within five days after ((such)) the finding, determination, or resolution was made to the superior court of the county in the same manner as provided by law for appeals from orders of ((said board)) the county legislative authority.
     (2) After the expiration of five days from the date of the resolution declaring the district ((organized)) formed, and upon filing of certified copies ((thereof)) of the resolution in the offices of the county auditor and county assessor, the formation of the cemetery district ((shall be)) is complete and its legal existence ((shall)) may not thereafter be questioned by any person by reason of any defect in the proceedings ((had for the creation thereof)) for the formation of the cemetery district.

Sec. 9   RCW 68.52.220 and 2011 c 60 s 47 are each amended to read as follows:
     (1) The affairs of the cemetery district ((shall)) must be managed by a board of cemetery district commissioners composed of three members. The board may provide, by resolution passed by the commissioners, for the payment of compensation to each of its commissioners at a rate of up to ninety dollars for each day or portion of a day spent in actual attendance at official meetings of the district commission, or in performance of other official services or duties on behalf of the district. However, the compensation for each commissioner must not exceed eight thousand six hundred forty dollars per year.
     (2) Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the clerk of the board. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver ((shall)) must specify the month or period of months for which it is made. The board ((shall)) must fix the compensation to be paid the secretary and other employees of the district. Cemetery district commissioners and candidates for cemetery district commissioner are exempt from the requirements of chapter 42.17A RCW.
     (3) The initial cemetery district commissioners ((shall)) must assume office immediately upon their election and qualification. Staggering of terms of office ((shall)) must be accomplished as follows: (((1))) (a) The person elected receiving the greatest number of votes ((shall be)) is elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (((2))) (b) the person who is elected receiving the next greatest number of votes ((shall be)) is elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (((3))) (c) the other person who is elected ((shall be)) is elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners ((shall)) must assume office immediately after they are elected and qualified but their terms of office ((shall)) must be calculated from the first day of January after the election.
     (4) Thereafter, commissioners ((shall be)) are elected to six-year terms of office. Commissioners ((shall)) must serve until their successors are elected and qualified and assume office as provided in RCW 29A.20.040.
     ((The polling places for a cemetery district election may be located inside or outside the boundaries of the district, as determined by the auditor of the county in which the cemetery district is located, and no such election shall be held irregular or void on that account.))
     (5) The dollar thresholds established in this section must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2008, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year's annual average consumer price index, for Washington state, for wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. If the bureau of labor and statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items ((shall)) must be used for the adjustments for inflation in this section. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect.
     (6) A person holding office as commissioner for two or more special purpose districts ((shall)) may receive only that per diem compensation authorized for one of his or her commissioner positions as compensation for attending an official meeting or conducting official services or duties while representing more than one of his or her districts. However, such commissioner may receive additional per diem compensation if approved by resolution of all boards of the affected commissions.