AN ACT Relating to ad hoc community councils; amending RCW 36.32.500 and 36.32.505; and adding new sections to chapter 36.32 RCW.

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

Sec. 1. Section 6, chapter 203, Laws of 1984 and RCW 36.32.500 are each amended to read as follows:

The legislative authority of any county may by resolution propose the establishment of one or more ad hoc community councils within the unincorporated area of the county. In adopting such resolution, the county legislative authority shall consider the extent to which the residents of the area encompassed by the proposed ad hoc community council share common concerns regarding land use decisions as a result of geographical location, terrain, pattern of development, and other features which make the area distinctive as a community. ((~~No ad hoc community council may be formed that has less than one hundred registered voters residing within its boundaries. Ad hoc community councils shall only have advisory capacities.~~))

Sec. 2. Section 7, chapter 203, Laws of 1984 and RCW 36.32.505 are each amended to read as follows:

Upon the adoption of a resolution under RCW 36.32.500, or upon receipt of a petition certified as sufficient under the provisions of section 4 of this 1985 act, the legislative authority of a county shall hold a hearing on the establishment of the ad hoc community council. The legislative authority of the county shall consider the establishment of the ad hoc community council at the hearing held under this section. All persons appearing at the meeting shall have an opportunity to be heard and to voice protests. The hearing may be continued from time to time, but the total number of days from the first day of the hearings to the final day shall not exceed sixty days.

If, after hearing public testimony on the issue, the legislative authority of the county determines that the welfare of the residents of the area encompassed by the proposed ad hoc community council will be served by the establishment of the council, it shall declare such to be its finding. Upon this determination, the county legislative authority may adopt a resolution setting a date of an election at which the voters of the proposed ad hoc community council shall approve, or disapprove, the establishment of the ad hoc community council. The resolution may contain modifications of the boundaries in the original petition or resolution, but no ad hoc community council may include territory that has less than one hundred residents.

If the ad hoc community council is approved by a simple majority vote, the county legislative authority shall adopt an ordinance creating the ad hoc community council((, setting its boundaries, establishing its duration, establishing any limitations on the subjects about which the council may make recommendations, and providing for the selection of the council members who may be directly appointed by the county legislative authority)). The ordinance shall: (1) Set the boundaries of the council; (2) determine the number of council members, and establish an open, nonpartisan process to elect council members and fill vacancies on the council; (3) provide public notice for all council meetings; (4) provide that council meetings are open to the general public; and (5) provide a process so that the ad hoc community council can formally address the county legislative authority on a periodic basis to present its recommendations. The costs of any elections shall be borne by the county.

NEW SECTION. Sec. 3. The establishment of an ad hoc community council may also be initiated by a petition presented to a county legislative authority which requests that an election be held to establish an ad hoc community council within a portion of the unincorporated area of the county. The petition shall describe the boundaries of the area encompassed by the proposed ad hoc community council. The petition presented to a county legislative authority shall be signed by at least one percent of the registered voters who reside in the unincorporated area where the ad hoc community council is proposed to be created, or by one hundred of such voters, whichever is greater.

NEW SECTION. Sec. 4. Upon receipt of the petition, the county legislative authority shall transmit the petition to the county auditor who shall examine and certify the signatures. Within thirty days following the receipt of the petition, the auditor shall transmit the petition to the county legislative authority along with the certification of signatures.

NEW SECTION. Sec. 5. An ad hoc community council shall only have advisory powers, and may make recommendations concerning: (1) Land uses, land use proposals, the division of land, and the improvement or development of property or land; (2) public facilities; (3) vehicular traffic; and (4) other matters of concern within the community.

NEW SECTION. Sec. 6. The boundaries of an ad hoc community council may be altered upon both: (1) The adoption of a resolution by the council providing for the alteration; and (2) approval of a proposition, providing for the alteration, by voters voting on the proposition who reside in the area proposed to be withdrawn from the ad hoc community council, or the area proposed to be added to the ad hoc community council. An ad hoc community council's boundary shall not be altered to include any area located within a city or a town.

NEW SECTION. Sec. 7. An ad hoc community council shall be dissolved whenever less than one hundred registered voters reside within its boundaries. Whenever any area located within the boundaries of an ad hoc community council is annexed into a city or town, the area which is annexed shall be automatically withdrawn from the ad hoc community council. If the entire ad hoc community council is annexed into a city or town, the ad hoc community council shall cease to exist.

NEW SECTION. Sec. 8. An ad hoc community council shall also be dissolved upon a majority vote of the registered voters residing within the ad hoc community council voting in favor of a proposition to dissolve the council. The proposition shall be presented to the registered voters of an ad hoc community council upon the resolution of the county legislative authority. One percent of the registered voters residing within such an ad hoc community council, or one hundred of such voters, whichever is greater, however, may petition their legislative authority and request that such a proposition be presented to the voters.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 10. Sections 3 through 8 of this act shall be added to chapter 36.32 RCW.