S-0731.1                   _______________________________________________

                                                     SENATE BILL 5283

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Haugen and Winsley

Read first time 01/21/93.  Referred to Committee on Government Operations.

Revising publication requirements for notice of actions by counties, cities, and towns.

          AN ACT Relating to requirements for publishing notice of actions of counties, cities, and towns; and amending RCW 35.22.288, 35.23.310, 35.24.220, 35.27.300, 35.30.018, 35A.12.160, and 65.16.160.

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

        Sec. 1.  RCW 35.22.288 and 1988 c 168 s 1 are each amended to read as follows:

          Promptly after adoption, the ((text)) title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the official newspaper of the city.  ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance.  When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes that title, the publication shall include:

(1) The name of the city;

(2) The formal identification or citation number of the ordinance;

(3) The full title of the ordinance; and

(4) A statement that the full text will be mailed upon request.

          An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text from the adopting city.

          In addition to the requirement that a city publish the ((text or a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting.  Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.

        Sec. 2.  RCW 35.23.310 and 1988 c 168 s 2 are each amended to read as follows:

          Promptly after adoption, the ((text)) title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the official newspaper of the city.  ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance.  When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes that title, the publication shall include:

(1) The name of the city;

(2) The formal identification or citation number of the ordinance;

(3) The full title of the ordinance; and

(4) A statement that the full text will be mailed upon request.

          An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text from the adopting city.

          In addition to the requirement that a city publish the ((text or a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting.  Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.

          A certified copy of any ordinance certified to by the clerk, or a printed copy of any ordinance or compilation printed by authority of the city council and attested by the clerk shall be competent evidence in any court.

        Sec. 3.  RCW 35.24.220 and 1988 c 168 s 4 are each amended to read as follows:

          Promptly after adoption, the ((text)) title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the city's official newspaper.  ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance.  When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes that title, the publication shall include:

(1) The name of the city;

(2) The formal identification or citation number of the ordinance;

(3) The full title of the ordinance; and

(4) A statement that the full text will be mailed upon request.

          An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text from the adopting city.

          In addition to the requirement that a city publish the ((text or a summary of the content of)) title each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting.  Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.

        Sec. 4.  RCW 35.27.300 and 1988 c 168 s 5 are each amended to read as follows:

          Promptly after adoption, the ((text)) title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the official newspaper of the town.  ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance.  When the town publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the town publishes that title, the publication shall include:

(1) The name of the town;

(2) The formal identification or citation number of the ordinance;

(3) The full title of the ordinance; and

(4) A statement that the full text will be mailed upon request.

          An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text from the adopting town.

          In addition to the requirement that a town publish the ((text or a summary of the content)) title of each adopted ordinance, every town shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting.  Such procedure may include, but not be limited to, written notification to the town's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the town determines will satisfy the intent of this requirement.

        Sec. 5.  RCW 35.30.018 and 1988 c 168 s 6 are each amended to read as follows:

          Promptly after adoption, the ((text)) title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the official newspaper of the city.  ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance.  When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes that title, the publication shall include:

(1) The name of the city;

(2) The formal identification or citation number of the ordinance;

(3) The full title of the ordinance; and

(4) A statement that the full text will be mailed upon request.

          An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text from the adopting city.

          In addition to the requirement that a city publish the ((text or a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting.  Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.

        Sec. 6.  RCW 35A.12.160 and 1988 c 168 s 7 are each amended to read as follows:

          Promptly after adoption, the ((text)) title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the city's official newspaper.  ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance.  When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes that title, the publication shall include:

(1) The name of the city;

(2) The formal identification or citation number of the ordinance;

(3) The full title of the ordinance; and

(4) A statement that the full text will be mailed upon request.

          An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text from the adopting city.

          In addition to the requirement that a city publish the ((text or a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting.  Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.

        Sec. 7.  RCW 65.16.160 and 1977 c 34 s 4 are each amended to read as follows:

          (1) Whenever any county, city, or town is required by law to publish legal notices containing the full text of any proposed or adopted ordinance in a newspaper, the county, city, or town may publish ((a summary)) the title of the ordinance ((which summary shall be approved by the governing body and)), which shall include:

          (a) The name of the county, city, or town;

          (b) The formal identification or citation number of the ordinance;

          (c) ((A descriptive)) The full title of the ordinance; and

          (d) ((A section-by-section summary;

          (e) Any other information which the county, city, or town finds is necessary to provide a complete summary; and

          (f))) A statement that the full text will be mailed upon request.

          (2) ((Subsection (1) of this section notwithstanding, whenever any publication is made under this section and the proposed or adopted ordinance contains provisions regarding taxation or penalties or contains legal descriptions of real property, then the sections containing this matter shall be published in full and shall not be summarized.  When a legal description of real property is involved, the notice shall also include the street address or addresses of the property described, if any.  In the case of descriptions covering more than one street address, the street addresses of the four corners of the area described shall meet this requirement.

          (3))) The full text of any ordinance ((which is summarized by publication)), the title rather than the full text of which is published under this section, shall be mailed without charge to any person who requests the text from the adopting county, city, or town.

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