AWC 2021 home rule in washington counties and cities
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View File: AWC 2021 home rule in washington counties and cities.pdf
Association of Washington Cities. 2021. You have it, use it: home rule in Washington. 16 pp.
https://wacities.org/news/2021/09/10/you-have-it-use-it-home-rule-in-washington
Notes
- In Washington a city is free to pass local laws to address issues where local ordinance is "not in conflict with general laws", and the relative authority of home rule is defined in state constitutions not in the federal constitution. This is different than a "Dillon's Rule State" where cities have no inherent authority to rule unless granted by the state.
- The 1889 constitutions provided for the right of General purpose local government to regulate activities within its boundaries without state authorization.
- This authority emerged in a populist era in response to the potentail power of railroads and other special interests in promoting and controlling legislators to the detriment of agricultural communities.
- The term "preemption" describes when the state uses its powers to supersede home rule. The disdain for a "patchwork of regulations" is sometimes used as part of supporting the argument for preemption. This is in contrast of a "many experiments in democracy" narrative.
- A second state provision grants city formation rights as a local right not requiring legislative authority, and while identifying four classes of city, all cities have all the powers granted to any class.
- Through evolution over time, RCW 35A.11.020 grants "code cities" broad powers to adopt ordinances of all kinds.
- The level of home rule described in the constitution has been contented and interpreted inconsistently by the state supreme court, sometimes reflecting the jurispurdence of Dillon's Rule.
- Typically the authority of the city to regulate supercedes the authority of special purpose districts (e.g. Ports) and the district is subordinate to the city in which it is located.
- Cities are bound by the uniformity clause of the Washington State Constitution, requiring that taxes on class of property be uniformly levied (Article V11, Section 1).
- Cities are bound by the takings clause which prevents complete loss of economic value from regulation.
- Many state laws establish a "floor" of required regulation, but allow for more protective actions by cities based on local circumstances. Recent trends of increased premeption include establishment of state ceilings, punitive measures for conflicting with state authority, and targeted overturning of local referendums. Examples in washington include:
- a ceiling local soda taxes supported by the soda industry,
- a ceiling preventing local jurisdictions from requiring ADU parking in proximity to mass transit.
- explicit prevention of rent control outside of public ownership or agreement
- prevention of local regulation of small cellular communications installations.
- efforts to prevent taxation of ride-share and short-term rental economies.
Questions
- How does this division between cities within counties, where cities are not able to ecologically survive without a surrounding land base create dynamics where cities can act without acknowledging or protecting its necessary land base?
- How does this relate to county authority to preempt city ordinance?
