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HomeMy WebLinkAboutCDN 2017-03-27 Item 2A - Update - State Legislative: Port of Seattle Board of Commission / Removal of Unauthorized Person from Foreclosed Residential PropertiesCity of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Rachel Bianchi, Government Affairs and Communications Manager BY: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: March 20, 2017 SUBJECT: Requested State Legislative Update ISSUE Should the City take a position on House Bill (HB) 1999, other legislation that pertains to the Port and SB? BACKGROUND Below is a discussion of the three issues that have been requested to be reviewed by the Community Development and Neighborhoods Committee. HB 1999 Representative Mia Gregerson approached the City's lobbyist asking for City support for HB 1999, currently being considered in the State House of Representatives. HB 1999 concerns the makeup and composition of the Port of Seattle's Board of Commissioners. Staff brought the issue to Committee of the Whole in February, but was asked to bring it to the Community Development and Neighborhoods committee for further review. Because of agendas and timing this is the first opportunity for the Committee to review. Currently, the Port's Commission consists of five commission members elected at large in King County. HB 1999 restructures the Port Commission to resemble the composition of the King County Council. The number of Port Commissioners will increase to nine and each commissioner would represent a specific district. The nine Port Commission districts would have the same boundaries as the King County Council districts. Under this legislation, Commissioners must reside in the district he or she represents. Voting is similarly limited by districts and all at-large positions are eliminated. HB 1999 was not moved out of the House and is effectively dead. Studies on Sea-Tac Airport Air Quality Study Representative Tina Orwall sponsored HB 1171 that would direct the Washington Department of Commerce to complete a study regarding "air quality implications of air traffic at the international airport in this state with the highest number of total annual departures and arrivals." While the bill itself is dead, it is expected that the budget proviso will move forward. The Port of Seattle has committed $75,000 to the air quality study. Burien has committed $30,000, which could be split between the air quality study and impact mitigation study discussed below. The draft study would need to be presented to the legislature by 2019 and the final by 2021. While the Senate did not include the proviso in the budget released today, it is expected in the House budget next week. INFORMATIONAL MEMO Page 2 Impact Mitigation Study The City of SeaTac has been pushing a budget proviso for funding for an Airport Impact Study, like the one done in 1997. The text of the draft proviso language reads: "$500, 000 of the general fund is provided solely for distribution to the Department of Commerce to contract with a consultant to conduct an analysis of the current and ongoing impacts of the Sea-Tac International Airport. The analysis will include, but not be limited to the impacts that current airport operations and expansion will have on public health transportation, parking, public safety property values and economic development in the cities of Sea Tac, Burien, Des Moines, Tukwila, Federal Way and Normandy Park." The City of SeaTac has allocated $250,000 to update the study and has asked other neighboring cities to contribute funding. As of this writing, staff is not aware of other cities agreeing to such funding, with the exception of Burien's $30,000 that could be split between this and the air quality study. This proviso was not included in the Senate Transportation budget but may be in the House Transportation budget. On a related note, it is possible that an airport capacity study will move this session and may be included in the Senate budget. The airport capacity study would review long-term capacity issues as it relates to passenger air travel in Western Washington. This proviso was not included in the Senate Transportation budget but may be in the House Transportation budget. S13 5388 At the same Council meeting where HB 1999 was discussed, Council President asked council for consensus on staff following up on SB 5388, which seeks to provide additional tools for removal of unauthorized persons from residential foreclosed properties. The bill and Senate Bill Report are attached to this memo. SB 5388 passed the Senate unanimously and was scheduled for a public hearing in the House Committee on Judiciary on March 21. It is likely this bill will pass the Senate as it has enjoyed bi-partisan support. RECOMMENDATION HB 1999 is effectively dead, so no need for any action on the request for support. Staff recommends supporting but not providing funding for the Sea-Tac air quality study and remaining neutral on the Impact Mitigation Study. Staff further recommends that the City closely monitor the airport capacity study, and all airport-related planning that affects Western Washington. Finally, staff recommends that the City support SB 5388. ATTACHMENTS • Proposed HB 1999 • HB 1999 Report • SB 5388 • SB 5388 Report Z:\Council Agenda Items\Communications\Legislative update CDN 032017.doc 1=9106=1 HOUSE BILL 1999 State of Washington 65th Legislature 2017 Regular Session By Representatives Gregerson, Stokesbary, Ryu, Hudgins, Cody, Pollet, Santos, Senn, Springer, Fitzgibbon, McBride, Stanford, Kagi, and Slatter Read first time 02/07/17. Referred to Committee on State Govt, Elections & IT. 1 AN ACT Relating to elections in port districts that are 2 coextensive with a county having a population of over one-half 3 million; and amending RCW 53.12.010. V 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: Sec. 1. RCW 53.12.010 and 2002 c 51 s 1 are each amended to read as follows: (1) The powers of the port district shall be exercised through a port commission consisting of three or five members, ((when)) or as otherwise permitted by this title((, five fRefRberrs)). (a) Every port district that is not coextensive with a county having a population of five hundred thousand or more shall be divided into the same number of commissioner districts as there are commissioner positions, each having approximately equal population, unless provided otherwise under subsection (2) of this section. (b) Where a port district with three commissioner positions is coextensive with the boundaries of a county that has a population of less than five hundred thousand and the county has three county legislative authority districts, the port commissioner districts shall be the county legislative authority districts. (c) In other instances where a port district is divided into commissioner districts, the port commission shall divide the port P. 1 HB 1999 1 district into commissioner districts unless the commissioner 2 districts have been described pursuant to RCW 53.04.031. The 3 commissioner districts shall be altered as provided in chapter 53.16 4 RCW. 5 (d) Commissioner districts shall be used as follows: ((4-a+)) (i) 6 Only a registered voter who resides in a commissioner district may be 7 a candidate for, or hold office as, a commissioner of the 8 commissioner district; and _Ljjj only the voters of a 9 commissioner district may vote at a primary to nominate candidates 10 for a commissioner of the commissioner district. Except as provided 11 in subsection (3) of this section, voters of the entire port district 12 may vote at a general election to elect a person as a commissioner of 13 the commissioner district. 14 (2)(a) In port districts with five commissioners, two of the 15 commissioner districts may include the entire port district if 16 approved by the voters of the district either at the time of 17 formation or at a subsequent port district election at which the 18 issue is proposed pursuant to a resolution adopted by the board of 19 commissioners and delivered to the county auditor. 20 (b) In a port district with five commissioners, where two of the 21 commissioner districts include the entire port district, the port 22 district may be divided into five commissioner districts if proposed 23 pursuant to a resolution adopted by the board of commissioners or 24 pursuant to a petition by the voters and approved by the voters of 25 the district at the next general or special election occurring sixty 26 or more days after the adoption of the resolution. A petition 27 proposing such an increase must be submitted to the county auditor of 28 the county in which the port district is located and signed by voters 29 of the port district at least equal in number to ten percent of the 30 number of voters in the port district who voted at the last general 31 election. 32 Upon approval by the voters, the commissioner district boundaries 33 shall be redrawn into five districts within one hundred twenty days 34 and submitted to the county auditor pursuant to RCW 53.16.015. The 35 new commissioner districts shall be numbered one through five and the 36 three incumbent commissioners representing the three former districts 37 shall represent commissioner districts one through three. The two at 38 large incumbent commissioners shall represent commissioner districts 39 four and five. If, as a result of redrawing the district boundaries-, 40 more tl,.an one of the incumbent commissioners resides in one of the p. 2 HB 1999 4 1 new commissioner districts, the commissioners who reside in the same 2 commissioner district shall determine by lot which of the numbered 3 commissioner districts they shall represent for the remainder of 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 their respective terms. (3) (a) Beginning in 2019, any port district with five members that is coextensive with a county having a -population of over one and one-half million, and with a legislative authority of nine members, must be divided into the same commissioner districts as the county legislative authority districts and include the same number of commissioner positions as the county legislative authority. (b) Each commissioner must reside in the district from which he or she is elected, and only voters from each district may elect the commissioner to fill that district's commissioner position. No commissioner -position may be elected at large. (c) Each commissioner elected -prior to 2019 with at least two years remaining in his or her term may complete his or her term for the new commissioner district in which he or she resides. If, as a result of redrawing the district boundaries, more than one of the incumbent commissioners, with at least two years remaining on each of their terms, reside in one of the new commissioner districts, the commissioners who reside in the same commissioner district shall determine by lot which commissioner will represent the district for the remainder of the term. (d) The initial election under this subsection (3) will include the election of positions in each of the remaining district -positions as follows: (i) A certain number of positions elected to serve an initial two-year term, which in addition to any incumbent commissioner's -position, as established in (c) of this subsection (3), provide a total number of four positions that will expire at the end of 2021• and (ii) Five -positions elected to serve four-year terms. (e) The county auditor must select which district positions will be two-year or four-year terms for the initial election, pursuant to (d) of this subsection. All subsequent terms for all positions must be for four-year terms. (f) Each commissioner must receive the same salary as a member of the state legislature, as set under RCW 43.03.013. - -- END - -- p. 3 HB 1999 HOUSE BILL REPORT HB 1999 As Reported by House Committee On: State Government, Elections & Information Technology Title: An act relating to elections in port districts that are coextensive with a county having a population of over one -half million. Brief Description: Concerning elections in port districts that are coextensive with a county having a population of over one -half million. Sponsom: Representatives Gregerson, Stokesbary, Ryu, I-ludgins, Cody, l"ollet, Santos, Senn, Springer, Fitzgibbon, McBride, Stanford, Kagi and Slatter. Brief History: Committee Activity: State Government, Elections & Information Technology: 2/15/17, 2117/17 [DP]. Brief Summary of Bill • Requires that certain port districts be divided into commissioner districts that are the same as county legislative authority districts beginning in 2019. • Makes this requirement applicable to any port district with five members that is coextensive with a county having a population of over 1.5 million and a legislative authority of nine members. • Provides for a transition from five at-large positions to nine district positions, and requires that the commissioners receive the same salary as state legislators. HOUSE COMMITTEE ON STATE GOVERNMENT, ELECTIONS & INFORMATION TECHNOLOGY Majority Report: Do pass. Signed by 7 members: Representatives Hudgins, Chair-, Dolan, Vice Chair; Volz, Assistant Ranking Minority Member; Appleton, Gregerson, Irwin and Pellicciotti. Minority Report: Without recommendation. Signed by 2 members: Representatives Koster, Ranking Minority Member; Kraft. This analysis was prepared by non-partisan legislative staff the use of legislative members in their deliberations. This analysis is not apart of the legislation nor does it constitute a statement of legislative intent. I-louse Bill Report H13 1999 7 Staff: Megan Palchak (786-7105). Background: Port districts are established in various counties of the state to acquire, construct, rnoioioin, operate, develop, and regulate nzi| or motor vehicle transfer and terminal facilities, v/u1er transfer and terminal facilities, air transfer and terminal facilities or any combination transfer and terminal facilities and other commercial transportation, transfer, handling, storage and \c,ruiuui facilities, and industrial improvements. Powers of the port district must be exercised within the district, through a port commission consisting of five members. Summary oyBill: Beginning in 20|9 port districts must be divided into the same cononnismiooc,districts as the county legislative authority districts when the port district has Fivrmembers and io coextensive with a county whose Population is over 1.5 million. Cnnomiomioncca must reside in the district in which they are elected and receive the anonc salary as u member oFthe Washington Legislature. Commissioners elected prior to 2019' with at least two ycu,o remaining in his or her term, may uonop|ck: his Vr her term in n new oonnruiauionor district. If districts are redrawn, and more than one incumbent commissioner resides in the same district, the commissioners determine ''by lot" vvbiob will represent the district for the rcnnuiudor of the 1croo. Commissioner terms are specified. The county auditor noumL select district position terms. Appropriation: None. Fiscal Note: Preliminary fiscal note available. Effective Date: The bill takes effect 90 duvm after oJiournmcn(ofthe muaaioo in which the hU| is passed. Staff Summary of Public Testimony: (In Support) The defini1i000[u port authority is hoVud. In 1960 ayuihv/ay was established in |ap/ for u five-person commission. Conoouco\m were noudc to the Legislature regarding governance problems, lack nfprofessional utuU[ and administrative problems. Tile cost o[ moving to uiuc oornnnisoinnu is one-tenth of percent o[the budget. Nine connnuiasiou districts follows the charter established by the King County Council, Establishing five districts supports the appearance ofgerrymandering. It iao simple mathematical u/6ustnucot to support proportional representation, and mirrors legislative representation. Ports need local representation 10 dcu) with battles over inopuutu at various |cvc|x and uououg communities. There in u need to move toward o commission that represents 235,000 rather than 2.1 million people. This bill supports transparency and increases accountability. I louse Bill Report -2- 11B 1999 � � (Opposed) The majority of commissioners do not support this bill. Districting and commissioner election conversations have not taken place in maritime labor. There are concerns about preexisting pressure, balanced representation, equity, and barriers to employment and job protection. This bill favors SooNu' political uncertainty, and reduces representation. There io greater diversity within the port than within SooU|c. Commissions serve not only their district, but the state as vvn|l. (Other) The Northwest Seaport Alliance effectively generates revenue and supports Jobs. Changing the governance model would create on imbalance within the alliance. Prruuox A: (In support) Representative Gregerson, prime sponeor. (Opposed) John Persak, Puget Sound District Council and International Longshore and Warehouse Union; Eric Johnson, Washington Public Ports Commission; andTom Albro, Seattle Port Commission. (Other) Scan Eagan, The Northwest Seaport Alliance. Persons Signed XuTo Testify But Not Testifying: None. House Bill Report - 3 - 8B\999 � � W ENGROSSED SUBSTITUTE SENATE BILL 5388 State of Washington 65th Legislature 2017 Regular Session By Senate Law & Justice (originally sponsored by Senators Zeiger, Sheldon, Kuderer, Padden, Wilson, Conway, Fortunato, Hobbs, Becker, Warnick, and Honeyford) READ FIRST TIME 02/09/17. 1 AN ACT Relating to the removal of unauthorized persons from 2 certain premises; adding new sections to chapter 9A.52 RCW; and 3 adding a new section to chapter 4.24 RCW. M 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: NEW SECTION.- Sec. 1. A new section is added to chapter 9A.52 RCW to read as follows: (1) Subject to subsections (2) and (3) of this section and upon the receipt of a declaration signed under penalty of perjury and containing all of the required information and in the form prescribed in section 2 of this act, a peace officer shall have the authority to: (a) Remove the person or persons from the premises, with or without arresting the person or persons; and (b) order the person or persons to remain off the premises or be subject to arrest for criminal trespass. (2) only a peace officer having probable cause to believe that a person is guilty of criminal trespass under RCW 9A.52.070 for knowingly entering or remaining unlawfully in a building considered residential real property, as defined in RCW 61.24.005, has the authority and discretion to make an arrest or exclude anyone under penalty of criminal trespass. P. 1 ESSB 53e8 11 1 (3) While a peace officer can take into account a declaration 2 from the property owner signed under penalty of perjury containing 3 all of the required information and in the form prescribed in section 4 2 of this act, the peace officer must provide the occupant or 5 occupants with a reasonable opportunity to secure and present any 6 credible evidence provided by the person or persons on the premises, 7 which the peace officer must consider, showing that the person or 8 persons are tenants, legal occupants, or the guests or invitees of 9 tenants or legal occupants. 10 (4) Neither the peace officer nor his or her law enforcement 11 agency shall be held liable for actions or omissions made in good 12 faith under this section. 13 (5) This section may not be construed to allow a peace officer to 14 remove or exclude an occupant who is entitled to occupy a dwelling 15 unit under a rental agreement or the occupant's guests or invitees. 16 NEW SECTION.- Sec. 2. A new section is added to chapter 9A.52 17 RCW to read as follows: 18 The owner of premises, or his or her authorized agent, may 19 initiate the investigation and request the removal of an unauthorized 20 person or persons from the premises by providing to law enforcement a 21 declaration containing all of the following required information and 22 in substantially the following form: 23 REQUEST TO REMOVE TRESPASSER(S) FORM 24 The undersigned owner, or authorized agent of the owner, of the 25 premises located at .......... hereby represents and declares under 26 the penalty of perjury that (initial each box): 27 (1) [ ] The declarant is the owner of the premises or the 28 authorized agent of the owner of the premises; 29 (2) [ ] An unauthorized person or persons have entered and are 30 remaining unlawfully on the premises; 31 (3) [ The person or persons were not authorized to enter or 32 remain; 33 (4) [ The person or persons are not a tenant or tenants and 34 have not been a tenant or tenants for the last twelve months on that 35 property; 36 (5) The declarant has demanded that the unauthorized person 37 or persons vacate the premises but they have not done so; p. 2 ESSB 5388 12 1. (6) [ ] The premises were not abandoned at the time the 2 unauthorized person or persons entered; 3 (7) [ ] The premises were not open to members of the public at 4 the time the unauthorized person or persons entered; 5 (8) [ ] The declarant understands that a person or persons 6 removed from the premises pursuant to section 1 of this act may bring 7 a cause of action under section 3 of this act against the declarant 8 for any false statements made in this declaration, and that as a 9 result of such action the declarant may be held liable for actual 10 damages, costs, and reasonable attorneys' fees; 11 (9) [ ] The declarant understands and acknowledges the 12 prohibitions in RCW 59.18.230 and 59.18.290 against taking or 13 detaining an occupant's personal property or removing or excluding an 14 occupant from a dwelling unit or rental premises without an 15 authorizing court order; 16 (10) [ ] The declarant agrees to indemnify and hold harmless law 17 enforcement for its actions or omissions made in good faith pursuant 18 to this declaration; and 19 (11) [ ] Additional Optional Explanatory Comments: 20 .................................... ............................... 21 ....... 22 An owner of premises who falsely swears on a declaration provided 23 under this section may be guilty of false swearing under RCW 24 9A.72.040 or of making a false or misleading statement to a public 25 servant under RCW 9A.76.175, both of which are gross misdemeanors. 26 NEW SECTION. Sec. 3. A new section is added to chapter 4.24 RCW 27 to read as follows: 28 All persons removed from premises pursuant to section 1 of this 29 act on the basis of false statements made by a declarant pursuant to 30 section 2 of this act shall have a cause of action to recover from 31 the declarant for the full amount of damages caused thereby, together 32 with costs and reasonable attorneys' fees. - -- END - - - p. 3 ESSB 5388 13 Im, As Passed Senate, 1ebruary 27, 2017 Title: An act relating to the removal of unauthorized persons frorn certain premises. Brief Description: Concerning the removal o[ unauthorized persons bonu certain premises. Sponsors: Senate Committee on Law & Justice (originally sponsored by Senators Zeigec 8bc)dno, Kudcror, Padden, Wilson, Conway, Poduooto, Hobbs, Becker, Waooick and Houcyfou]). Brief History: Committee : Law &Justice: 1/26/17, 2/08/17 UlPSl. Floor Activity: Pouacd Senate: 2/27/|7'49-O. Brief Summary of Engrossed First Substitute Bill ° Establishes oprocess for an owner man agent Wprovide to law cnfbrucoucnt a declaration under pcnuhv ufperjury stating that persons have entered the prcnniaewunlawfully, • (]ivoa the occupant the opportunity to secure and provide contrary credible evidence which must bc considered by the officer. ° Allows law enforcement to remove the persons, with or without arresting thcnu' and to order them 0o rcrnnio oU[thc premises or be subject to onrnt for criminal Urapuou. ° Provides that law enforcement iy not bo held liable. ~ /\Uovvs a person or persons crnnovcd from property on the basis of false utotconcrdu in u declaration to pursue o cause of' action against the declarant. SENATE COMMITTEE ON LAW &J0STICE Majority Report: That Substitute Senate Bill No. 5388 be substituted therefor, and the substitute bill do pass. This analysis nns prepared by the use o'legislative members intheir deliberations. This analysis is no/opart qf/he legislation nor does it mnslihteu statement of intent. Senate Bill Report - \ - E88R5288 Signed by Senators Padden, Chair; (YBao, Vice Chair; Pedersen, Ranking Minority Member; Angel, Darneille, Frockt and Wilson. Staff: Aldo Melchiori (786-7439) Background: A tcuuut by suO'craucc is a person who obtains possession of premises without the consent of the owner or other person having the right to give possession. The tenant by auOicoocc is liable to pay reasonable rent for the actual time the tenant oocupied the pzenuimcm, and noua1, on dcn000d, surrender possession to the owner mrperson who had the right of possession before the entry. Criminal trespass in the first degree is uAroma ooiodeoncuoor. It is torocnktcd when nperson knowingly cn1cro and reuuino unlawfully in o building. /\person enters un|av/k/||y when the person is not |iocuxcd, invited, or otherwise privileged 1m enter. |o any prosecution, itisn dc6:nmc that (|) a building involved in all offense was abandoned, (2) the prcnniacm were at the time open to members of the public and the person complied with all |uvvfo| conditions imposed, {3) the person reasonably believed that the owner of the premises, ur other person empowered to license access, `vnu|d have licensed the person \o enter orremain, or(4)the person was attempting to serve legal process. Summary of Engrossed First Substitute |0i/}: The ov/ne, ofprcooimca, or their authorized agent, may initiate the investigation and request the removal of an unauthorized person or persons from the premises by providing to |ov/ cnfbrcenoeo1 u declaration containing all of the following required iufbnnution: • the declarant is the owner of the premises or the authorized agent of the owner; • an unauthorized person or persons have entered and are remaining unlawfully on the premises; • the person has not been a tenant on that property for the preceding 12 months; • the person or persons were not authorized \o enter nrremain; • the declarant has dcroundod that the unauthorized person or persons vuua10 the premises but they have not done so; • the premises were not abandoned at the time the unauthorized person or persons entered; • the premises were not open to noenubom of the public at the time the unauthorized person oc persons entered; • the declarant understands that uperson or persons rcno*vcd from the premises may bring o cause of action against the declarant for any false statements oondc in this declaration, and that as u result of such ooiiou the declarant may be bc|d |iob|c for actual damages, costs, and reasonable attorneys' fees; • the dcu|uruut ogrcca to indemnify and hold horou)cao |uvv ou[brcuon:nt for its actions oronuiaeions made iu good faith pursuant to this declaration; and • additional optional explanatory comments. The |av/ euforccrnco1 officer nuux1 provide the occupant with o rcoa000b\c opportunity to secure and present any credible evidence, which the officer must consider, showing that the person or persons are tenants, }cgu| occupants, or the guce\o or invitees of tenants or legal occupants. Senate Bill Report -2' 8S8B5388 Upon the receipt of a declaration signed under penalty of perjury and containing all of the required information and any evidence provided by the occupant, a peace officer has the authority to: • remove the person or persons from the premises, with or without arresting the person or persons; and • order the person or persons to remain off the premises or be subject to arrest for criminal trespass. Neither the peace officer nor their law enforcement agency are liable for actions or omissions made in good faith. All persons removed from premises on the basis of false statements made by a declarant have a cause of action to recover from the declarant for the full amount of damages, together with costs and reasonable attorneys' fees. Appropriation: None. Fiscal Note: Not requested. Creates Committee /Commission /Task Force that includes Legislative members: No. Effective Date: Ninety days after adjournment of session in which bill is passed. Staff Summary of Public Testimony on First Substitute: PRO: This simplifies the process for removing unauthorized people off of property. Property owners across the state are encountering this issue. Without a forced entry, these offenses are not being charged. Unlawful detainer actions take a long time to resolve. Squatters often present falsified leases. Owners have to go to court and incur those litigation costs for an action against someone with whom they have no contractual relationship. Persons Testifying: PRO: Senator Zeiger, Prime Sponsor; Maynard Man, citizen; Rose Nelson, citizen; Michele Thomas, WA Low Income Housing; Michael Aithauser, Attorney, Columbia Legal Services; Laura Parks, citizen; Bobbie Garver, citizen. Persons Signed In To Testify But Not Testifying: No one. Senate Bill Report -3 - ESSB 5388 17