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Programs & Services – Legislative Session Summary

Programs & Services – Legislative Session Summary. For AWPHD – MAY 21, 2010. 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

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Programs & Services – Legislative Session Summary

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  1. Programs & Services – Legislative Session Summary For AWPHD – MAY 21, 2010

  2. 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

  3. Programs Inquiries Publications Web Site www.mrsc.org Library Training Municipal Research and Services Center - http://www.mrsc.org

  4. Inquiries Municipal law Management and administration Open Meetings and Public Records Public works and contracting Intergovernmental relations Budget and finance Municipal Research and Services Center - http://www.mrsc.org

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

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

  7. Sample Inquiry – Sale of Property May a public hospital district sell some district-owned personal property worth about $25,000 by private negotiated sale? Municipal Research and Services Center - http://www.mrsc.org

  8. Publications Free copies sent to customers Ask MRSC – Hospital District Edition e-newsletter Municipal Research News – quarterly newsletter Post-1993 publications on Web Municipal Research and Services Center - http://www.mrsc.org

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

  10. How to Get Help Phone (206) 625-1300 1-800-933-MRSC (6772) Fax (206) 625-1220 E-mail mrsc@mrsc.org Web www.mrsc.org Mail 2601 Fourth Avenue, Suite 800, Seattle, WA 98121 Municipal Research and Services Center - http://www.mrsc.org

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

  12. 2010 Legislative SessionBills that Passed • HB 2510/SB 6300 – effective 6/10/10 • Initiated 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) Municipal Research and Services Center - http://www.mrsc.org

  13. 2010 Legislative SessionBills that Passed • 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 costs Municipal Research and Services Center - http://www.mrsc.org

  14. 2010 Legislative SessionBills that Passed • SSB 6367/HB 2582 – effective 6/10/10 • Actively supported by AWPHD • Current 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 Municipal Research and Services Center - http://www.mrsc.org

  15. 2010 Legislative SessionBills that Passed • 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 Municipal Research and Services Center - http://www.mrsc.org

  16. 2010 Legislative SessionBills that Passed • 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 Municipal Research and Services Center - http://www.mrsc.org

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

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

  19. 2010 Legislative SessionBills that Did NOT Pass • Public Records • 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 Municipal Research and Services Center - http://www.mrsc.org

  20. 2010 Legislative SessionBills that Did NOT Pass • Public Records • 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 Municipal Research and Services Center - http://www.mrsc.org

  21. 2010 Legislative SessionBills that Did NOT Pass • Public Records • SB 6530 – requesters could request state AG review where agency determines record exempt – court to award $100 for each day requester improperly denied record Municipal Research and Services Center - http://www.mrsc.org

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

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

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

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

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

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

  28. 2010 Legislative Session Recap Questions? Feel free to contact MRSC with further questions (206) 625-1300 1-800-933-MRSC (6772) Municipal Research and Services Center - http://www.mrsc.org

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