programs & services – legislative session summary for awphd – may 21, 2010 1

Programs & Services – Legislative Session Summary

For AWPHD – MAY 21, 2010

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MRSC

• Private nonprofit corporation with state contract

• In existence since 1930’s • State funding - profits from state liquor

board and liquor excise taxes• Additional funding through contracts• Serves city officials, county officials, public

hospital districts, sewer and water district association, and Enduris

Municipal Research and Services Center - http://www.mrsc.org 2

Programs

• Inquiries• Publications• Web Site www.mrsc.org• Library• Training


Inquiries

• Municipal law• Management and administration• Open Meetings and Public Records• Public works and contracting• Intergovernmental relations• Budget and finance


Sample Inquiry - Public Records

• Are e-mails sent from the home computer of a public hospital district commissioner on public business a public record that must be disclosed?


Sample Inquiry – Open Meetings

• What if three district commissioners in a district with a five member board meet informally on a Saturday to discuss district business at the local coffee shop?


Sample Inquiry – Sale of Property

• May a public hospital district sell some district-owned personal property worth about $25,000 by private negotiated sale?


Publications

• Free copies sent to customers• Ask MRSC – Hospital District Edition e-

newsletter• Municipal Research News – quarterly

newsletter• Post-1993 publications on Web


Sample Publication Titles

• Knowing the Territory: Basic Legal Guidelines for Washington City, County and Special Purpose Districts

• Public Records Act for Washington Cities, Counties and Special Purpose Districts

• Open Public Meetings Act


How to Get Help• Phone (206) 625-1300

1-800-933-MRSC (6772)• Fax (206) 625-1220• E-mail [email protected]• Web www.mrsc.org• Mail 2601 Fourth Avenue, Suite

800, Seattle, WA 98121


2010 LEGISLATIVE SESSIONSUMMARY

• MRSC & AWPHD worked collaboratively on summary matrix and narrative description of 2010 legislative session

• Focused on bills of particular interest to PHDs as local governments

• AWPHD actively supported many of the bills this session for PHDs


2010 LEGISLATIVE SESSIONBILLS THAT PASSED

• HB 2510/SB 6300 – effective 6/10/10Initiated and made possible by

AWPHD

Makes possible financing options that would otherwise not be available

Provides explicit mortgage authority for PHDs in connection with a federal program providing mortgage insurance (e.g., FHA)



• SB 6218/HB 2451 – effective 6/10/10 Actively supported by AWPHD

PHDs will now be able to participate in the State Treasurer’s Office local option capital asset lending program re: voter approved bonds payable from excess property tax levies

Should lower financing costsMunicipal Research and Services Center - http://www.mrsc.org 13


• SSB 6367/HB 2582 – effective 6/10/10Actively supported by AWPHDCurrent 3 options to respond under PRA:

(1) provide the record; (2) acknowledge and provide a reasonable estimate of time to respond; or (3) deny the request

New option – provide an internet address and link on the agency’s web site to the specific records requested

Unless requester notifies agency that he/she cannot access the records through the internet



• 2SHB 2016 – Several Changes to Campaign Contribution/Disclosure Laws, Including Use of Public Service Announcements (ch. 42.17 RCW)

PSA provision effective March 25, 2010 (other provisions January 1, 2012)

Section 703 prohibits “municipal officers” (which includes PHD Commissioners) from making PSAs beginning January 1 of a reelection year through the general election, or until the official is a candidate



• 2SHB 2016 (continued)

The PDC is working on an interpretation to provide guidance on this new section

One issue is how broadly “municipal officer” will be defined

Other issues include what constitutes a PSA and First Amendment concerns

MRSC & AWPHD will track this with the PDC and provide additional information


2010 LEGISLATIVE SESSIONBILLS THAT DID NOT PASS

• Several bills that did not pass are noteworthy

• Would have made changes to municipal law and impacted PHDs

• May arise again in the future

• AWPHD active on many of these


2010 LEGISLATIVE SESSIONBILLS THAT DID NOT PASS • PUBLIC RECORDS

SB 6368/HB 2583 – option for requester and agency to confer

HB 2910/SB 6408 – replace daily PRA penalties with fines deposited in Archives and Records Management Account – court could award portion to prevailing person to reimburse for demonstrated financial loss caused by the failure of the agency



HB 3031 – requester pay personnel costs for requests that require more than 5 person-hours p/month – require payment before search/release

HB 2736/SB 6383 – establish Office of Open Records to provide impartial administrative reviews of appeals and adopt rules



HB 1471 – certain collective bargaining records not exempt – when agency and bargaining representative agree to the terms of CBA

SSB 6428 – “investigative agency” to include department(s) whose official duties include investigating complaints & taking steps to remedy the issue if investigation shows remedy warranted



SB 6530 – requesters could request state AG review where agency determines record exempt – court to award $100 for each day requester improperly denied record


2010 LEGISLATIVE SESSIONBILLS THAT DID NOT PASS • OPEN PUBLIC MEETINGS

SSB 6685 – several changes re: posting of agendas and minutes for meetings – require posting of roster of names/positions of members of governing body and terms of office

SB 6741 – require special meeting notice on web site by posting hyperlink to written notice & eliminate requirement that written notice of special meeting be delivered to local newspapers


2010 LEGISLATIVE SESSIONBILLS THAT DID NOT PASS • ELECTIONS

HB 2398/SB 6322 – change timing for notice for state/county/district/municipal primary or election (special or general) & new requirements re: notice published in newspaper or re: mailing voters’ pamphlet to residences

HB 2405 – allow appeal of local measure’s ballot title w/in 10 days from deadline for filing ballot measures (rather than from time ballot title is first filed with county auditor)


2010 LEGISLATIVE SESSIONBILLS THAT DID NOT PASS • ELECTIONS

SSB 6797 – require for counties with population of 100,000 or more that voters’ pamphlet be published by county for primary/special/general elections, and eliminate financial hardship exception (which allows local governments to claim undue hardship re: publishing voters’ pamphlet)


2010 LEGISLATIVE SESSIONBILLS THAT DID NOT PASS • ELECTIONS AND TAX

HB 2578/SB 6216 – change requirements for ballot propositions under RCW 84.55.050 re: property tax levies

HB 3089 – change/add provisions re: administrative process for property taxes to establish greater taxpayer protections in valuation appeals process


2010 LEGISLATIVE SESSIONBILLS THAT DID NOT PASS • ELECTIONS AND TAX

HB 2749 – eliminate non-supplant restrictions for multi-year lid lifts

• TAX

HB 2802 – new section to chapter 43.330 RCW to require State Department of Commerce to consult with local governments & legislature to review local government fiscal note program and report to legislature


2010 LEGISLATIVE SESSIONBILLS THAT DID NOT PASS • LIABILITY

2ESSB 6508 – changes to wrongful death & survival statutes, including re: beneficiaries entitled to recovery – establish process for state to reimburse local governments for liability and defense costs incurred as a result of the act – opposition position was that it would have led to significant litigation costs to local governments and the changes are unnecessary


2010 LEGISLATIVE SESSION RECAP

• Questions?

• Feel free to contact MRSC with further questions

• (206) 625-1300

• 1-800-933-MRSC (6772)


programs & services – legislative session summary for awphd – may 21, 2010 1

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