BP BHEAD INT S

AN ACT Relating to the township organization of counties; amending RCW 45.04.010, 45.12.030, 84.52.052, and 29.04.010; adding a new chapter to Title 45 RCW; creating a new section; recodifying RCW 45.04.010, 45.12.030, and 45.80.010; and repealing RCW 45.04.020, 45.04.030, 45.08.010, 45.08.020, 45.08.060, 45.08.070, 45.08.080, 45.08.090, 45.12.010, 45.12.020, 45.12.021, 45.12.040, 45.12.050, 45.12.060, 45.12.070, 45.12.080, 45.12.090, 45.12.100, 45.12.110, 45.12.120, 45.12.130, 45.12.140, 45.12.150, 45.12.160, 45.12.170, 45.12.180, 45.12.190, 45.12.200, 45.12.210, 45.12.220, 45.12.230, 45.12.240, 45.16.010, 45.16.020, 45.16.030, 45.16.035, 45.16.040, 45.16.060, 45.16.070, 45.16.080, 45.16.090, 45.16.100, 45.16.110, 45.16.120, 45.20.010, 45.20.020, 45.24.010, 45.24.040, 45.24.050, 45.24.060, 45.28.010, 45.28.020, 45.28.030, 45.28.040, 45.28.050, 45.28.060, 45.28.070, 45.28.100, 45.32.010, 45.32.020, 45.32.030, 45.32.050, 45.32.060, 45.32.070, 45.32.080, 45.32.090, 45.36.010, 45.36.020, 45.36.030, 45.40.010, 45.40.030, 45.44.010, 45.48.010, 45.48.020, 45.48.030, 45.48.040, 45.52.010, 45.52.020, 45.52.030, 45.52.040, 45.52.050, 45.52.060, 45.52.070, 45.52.080, 45.52.090, 45.54.010, 45.54.020, 45.56.010, 45.56.040, 45.56.050, 45.56.070, 45.56.080, 45.64.010, 45.64.020, 45.64.030, 45.64.040, 45.64.050, 45.64.060, 45.64.070, 45.64.080, 45.72.010, 45.72.020, 45.72.030, 45.72.040, 45.72.050, 45.72.060, 45.72.070, 45.76.020, 45.76.030, 45.76.040, 45.76.050, 45.76.060, 45.76.070, 45.76.080, 45.76.090, 45.76.100, 45.80.020, 45.80.030, 45.80.040, 45.80.050, 45.80.060, 45.80.070, 45.80.080, 45.80.100, 45.82.010, and 45.82.020.

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

NEW SECTION. Sec. 1. PURPOSE. The purpose of this act is to modernize the laws relating to the township organization of counties allowing townships to provide limited self government in the unincorporated area of a county.

NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Board of supervisors," "township supervisors," or "supervisors" means the governing body of a township.

(2) "Rural township" means a township in a county that is required or chooses to plan under RCW 36.70A.040 that is located outside of an urban growth area.

(3) "Township zoning ordinance" means the zoning ordinance for a township that is adopted by township supervisors implementing the county comprehensive plan within the township.

(4) "Urban township" means a township in a county that is required or chooses to plan under RCW 36.70A.040 that is located within an urban growth area.

Sec. 3. RCW 45.04.010 and 1895 c 175 s 1 are each amended to read as follows:

VOTE TO CREATE TOWNSHIPS. ((When at least thirty days before a general election one hundred or more qualified electors of any county in this state present a petition in writing, signed by them, to the board of county commissioners of their county, asking that the question of township organization in said county be submitted to a vote of the people at the next general election, it shall be the duty of said commissioners to)) The county legislative authority of a county shall submit the question of adopting township organization in ((~~said~~)) the county to the ((~~vote of the electors thereof at the first~~)) voters of the county at a state general election ((~~held after such petition is presented to said board of commissioners~~)) whenever either: (1) Petitions proposing that the county be organized into townships have been filed with the county legislative authority that are signed by county voters residing in the unincorporated area equal in number to at least ten percent of the number of voters voting in the unincorporated area of the county at the last state general election; or (2) the county legislative authority adopts a resolution proposing that the county be organized into townships. The county legislative authority shall transmit the petitions to the county auditor who shall review the signatures and certify the sufficiency of the petition. If the county auditor certifies the petitions as having sufficient valid signatures, a ballot proposition authorizing the township organization of the county shall be submitted to voters of the county at the next state general election occurring ninety or more days after the petitions were submitted.

The ballot proposition shall be worded substantially as follows:

"Shall ........ (insert the name of the county) adopt township organization?

YES ..............................G

NO ..............................G"

If the ballot proposition is approved by a simple majority vote of county voters voting on the proposition, the county legislative authority shall organize the county into townships as provided in this chapter.

NEW SECTION. Sec. 4. DIVISION OF UNINCORPORATED AREA INTO TOWNSHIPS. (1) The county legislative authority shall divide the unincorporated area of the county into townships if county voters approved the ballot proposition authorizing township organization. Effective on the official date of creating the townships, the act of dividing the unincorporated area of the county into townships shall merge fire protection districts into townships and remove territory from fire protection districts as provided in section 5 of this act. Effective on the official date of creating the townships, cities and towns shall merge into the townships as provided in section 6 of this act.

Townships shall be officially created on the first day of January in the year two years after the year in which the election was held at which county voters authorized the township organization of the county.

(2) Every portion of the unincorporated area of the county must be included in a township. No city or town may be included in a township. Each township must have a population at least equal to the lesser of one thousand persons, twenty-five percent of the population of the total unincorporated area of the county, or the population of the unincorporated remaining in a single urban growth area. Each township shall be a single contiguous area whenever possible. The county legislative authority shall consider the following when drawing proposed township boundaries: (a) Existing and natural neighborhoods or communities; (b) use of natural and artificial boundaries, such as land contours; (c) logical service areas, especially service areas within which fire protection district services and facilities are provided in an efficient manner; (d) patterns of development and projected development; and (e) other relevant criteria.

The county legislative authority shall hold public hearings in the unincorporated area of the county on the proposed township boundaries and take testimony prior to establishing township boundaries and shall designate a name for each township.

(3) In addition to the conditions detailed under subsection (2) of this section, a county that is required or chooses to plan under RCW 36.70A.040 shall divide the unincorporated area of the county into urban townships and rural townships. No township in such a county may include areas inside and outside of an urban growth area designated under RCW 36.70A.110, except that such a county may create a single township encompassing all of an island that includes both areas inside and outside of an urban growth area. An urban township may not include territory that is located outside of an urban growth area designated under RCW 36.70A.110 in which it is located. A rural township may not include territory that is located inside of an urban growth area designated under RCW 36.70A.110.

(4) Any unincorporated area that is annexed by a city or town, or is incorporated as a city or town, shall be withdrawn from a township, effective when the annexation occurs or on the official date of the incorporation of the new city or town. During the transition period for a new city or town, the voters of the new city or town shall not participate in township elections. Whenever a township is reduced in size to include less than the minimum required number of residents, the county legislative authority shall alter township boundaries and include the remaining portion of this township into one or more townships. An urban township that includes all of the unincorporated portion of an urban growth area shall not be combined into a rural township and may remain in existence with less than one thousand residents.

Periodically, the county legislative authority may review its system of townships and adjust township boundaries, eliminate townships, or establish new townships whenever the county legislative authority determines that such action is in the public interest.

NEW SECTION. Sec. 5. MERGING OF FIRE PROTECTION DISTRICTS INTO TOWNSHIPS AT THE TIME TOWNSHIPS ARE OFFICIALLY CREATED. (1) The county legislative authority of a county that has been authorized to adopt a township organization shall merge the fire protection districts that are totally located in the county into its townships. Whenever a fire protection district is located in both a county adopting a township organization and another county, the portion of the fire protection district that is located in the county adopting township organization shall be removed from the fire protection district and the removed area shall be under the control of one or more townships for purposes of the provision of fire protection district services and facilities.

The effective date of the mergers and withdrawals shall be the date townships are officially created. However, for purposes of RCW 84.09.030, the boundaries of the affected taxing districts with boundaries that are adjusted by such actions shall be the first day in January in the year following the year in which the ballot proposition was approved authorizing the township organization of the county.

(2) On the date townships are officially created, any city or town that was annexed by such a fire protection district shall be removed from the fire protection district and shall not be part of the fire protection district merged into a township or townships, unless the city or town merges into townships under section 6 of this act.

For purposes of chapter 84.55 RCW, the property tax levy that is to be collected for a city or town that is removed from a fire protection district under this subsection, in the year in which the townships are officially created, shall be determined as if the city or town never had been annexed by the fire protection district.

(3) A merging of fire protection districts into townships or withdrawal of territory from a fire protection district that occurs under this section, is not subject to chapter 36.93 RCW, including potential review by a boundary review board.

(4) All of the property, assets, and liabilities of the fire protection districts that are so merged into townships shall be transferred to a township or townships in an equitable manner, as determined by the county legislative authority.

A proportion of the property, assets, and liabilities of a fire protection district located in more than one county that has territory removed from it under this section, equal to the percentage of the assessed valuation that the removed area is out of the prior total assessed valuation of the fire protection district before the removal, shall be transferred in an equitable manner to a township or townships as determined by the county legislative authority of the county in which the townships are located.

The county legislative authority shall distribute a portion of the property, assets, and liabilities of a fire protection district to a city or town that is removed from a fire protection district under this section if the county legislative authority determines that such a distribution would be equitable. In lieu of distributing property, assets, and liabilities to such a city or town, the county legislative authority may require that a township provide fire protection district services to the city or town for a period of time at no cost.

The actions taken under this section shall not impair the rights of creditors.

(5) No elections may be held for a fire protection district that is merged into townships in the year prior to the official date of creating the townships and the voters of the fire protection district shall participate in electing the initial township supervisors if an election is necessary.

(6) The rights of civil service employees of a fire protection district, that is merged into a township or townships or which has territory removed from it under this section, to transfer employment from the fire protection district to a township shall be the same as provided under RCW 52.04.121 for city fire fighters transferring employment from a city to a fire protection district that annexes the city.

NEW SECTION. Sec. 6. MERGING CITIES AND TOWNS INTO TOWNSHIPS AT THE TIME TOWNSHIPS ARE OFFICIALLY CREATED. (1) As provided in this section, any city or town that is completely located in a county that is organizing into townships may merge into a township or townships effective on the official date of creating the townships.

(2) A ballot proposition authorizing the merging of a city or town into a township or townships shall be submitted to the voters of a city or town at any special election held on the February, March, April, or May special election date in the year after the ballot proposition authorizing the township organization of a county is approved by county voters if either: (a) The city or town council adopts a resolution proposing the merger; or (b) a petition proposing the merger is submitted to the county legislative authority at least forty-five days prior to the special election date, that has been signed by city or town voters equal in number to at least ten percent of the number of city or town voters who voted at the last municipal general election. If the ballot proposition is approved by a simple majority vote of the city or town voters voting on the proposition, the city or town shall be merged into one or more townships as determined by the county legislative authority effective when the townships are officially created.

(3) The assets and liabilities of the city or town that are associated with its fire department shall be transferred to a township or townships in an equitable manner, as determined by the county legislative authority. RCW 35A.15.050 through 35A.15.100 shall apply to the distribution of all other assets and liabilities of the city or town. The actions taken under this section shall not impair the rights of creditors.

(4) No elections shall be held for such a city or town after the ballot proposition authorizing the merger of the city or town into the township is approved and the voters of the city or town shall participate in electing the initial township supervisors if an election is necessary.

(5) The merging of a city or town into townships that occurs under this section is not subject to chapter 36.93 RCW, including potential review by a boundary review board.

(6) The rights of civil service fire fighters of a city or town that is merged into townships under this section to transfer employment from the city or town to a township shall be the same as provided under RCW 52.04.121 for city fire fighters transferring employment from a city to a fire protection district that annexes the city.

NEW SECTION. Sec. 7. TOWNSHIP SUPERVISORS. Except as provided in section 8 of this act, each township shall be governed by a board of supervisors consisting of five, seven, or nine members, as determined by the county legislative authority for each different township.

Supervisors shall be elected to six-year terms of office at general elections held in the same year as the elections when members of the county legislative authority of the county normally are elected. On a five-member board of supervisors, the staggering of terms of office shall be accomplished so that one supervisor normally would be elected at a township general election, two supervisors normally would be elected at a second township general election, and two supervisors normally would be elected at a third township general election. On a seven-member board of supervisors, the staggering of terms of office shall be accomplished so that two supervisors normally would be elected at a township general election, two supervisors normally would be elected at a second township general election, and three supervisors normally would be elected at a third township general election. On a nine-member board of supervisors, the staggering of terms of office shall be accomplished so that three supervisors normally would be elected at each township general election. Candidates shall run for specific supervisor positions.

The county legislative authority shall increase the terms of office of each supervisor by one year if the voters of the county approve a county charter or charter amendment altering the year in which members of the county legislative authority normally are elected.

Except as provided in this chapter, elections in townships, including the election of supervisors as nonpartisan officials, shall be subject to general election laws.

NEW SECTION. Sec. 8. INITIAL SUPERVISORS. (1) The initial board of supervisors of a township shall consist of: (a) The fire commissioners of each fire protection district that merges into townships or has territory removed from it under section 5 of this act, whose terms of office expire after the official date of creating the townships, reside in the township, and notify the county legislative authority of their intent to become supervisors; and (b) the mayor and councilmembers of each city or town that merges into the township under section 6 of this act, whose terms of office expire after the official date of creating the townships, reside in the township, and notify the county legislative authority of their intent to become supervisors. Fire commissioners shall provide the notice to the county legislative authority in writing within sixty days after the election at which county voters authorized the township organization of the county. City or town councilmembers and mayors shall provide notice to the county legislative authority in writing within sixty days of the election at which the merger of the city or town into the township is approved.

The terms of office of supervisors who become supervisors as a result of being fire commissioners, or city or town mayors or councilmembers, shall be the length of their remaining terms of office as fire commissioners, councilmembers, or mayors, if township supervisors in that county normally will be elected in odd-numbered years, or the length of their remaining terms of office as fire commissioners, councilmembers, or mayors, plus one year, if township supervisors in that county normally will be elected in even-numbered years.

(2) An additional initial supervisor or supervisors shall be elected in any township to bring the total number of initial supervisors to the number of supervisors designated for the township by the county legislative authority, if the number of fire commissioners and city or town mayors and councilmembers who assume office as initial supervisors is less than the number of supervisors designated for the township by the county legislative authority. A primary election shall be held on the September special election date, in the year following the year in which voters approved the ballot proposition authorizing township organization of the county, if needed, to nominate candidates for each additional supervisor position and a general election shall be held on the November special election date in the same year to elect the additional initial supervisor or supervisors. The initial terms of office of the newly elected initial supervisors shall be assigned by the county legislative authority so that approximately the same number of all the initial supervisors will have terms ending after the last day in December following each of the next three township general elections. The initial elected supervisors receiving the greatest numbers of votes shall be assigned the longer terms of office, where differing terms of office are established.

(3) The terms of office of the initial supervisors of a township shall commence when the townships are officially created.

(4) If the number of fire commissioners and city or town councilmembers and mayors who assume office as initial supervisors of a township exceeds the number of supervisors that the county legislative authority designates for the board of supervisors, the number of supervisors shall be gradually reduced to the designated number of supervisors by electing a number of supervisors at the next three township general elections consistent with the staggering of terms that is provided in section 7 of this act.

NEW SECTION. Sec. 9. VACANCIES ON A BOARD OF SUPERVISORS. Vacancies on a board of supervisors shall occur as provided in RCW 42.12.010 and shall be filled as follows:

(1) Where one position is vacant, the remaining supervisors shall appoint a qualified person to fill the vacancy.

(2) Where two or more positions are vacant and two or more supervisors remain in office, the remaining supervisors shall appoint a qualified person to fill one of the vacant positions, the remaining supervisors and the newly appointed supervisor shall appoint another qualified person to fill another vacancy, and so on until each of the vacant positions is filled with each of the new appointees participating in the appointment or appointments made after his or her appointment.

(3) Where less than two supervisors remain in office, the county legislative authority shall appoint a qualified person or persons to fill the vacancy or vacancies until the board of supervisors consists of two persons.

(4) If a board of supervisors fails to appoint a qualified person to fill a vacancy within sixty days of the occurrence of the vacancy, the authority to fill the vacancy shall vest in the county legislative authority and the county legislative authority shall appoint a qualified person to fill the vacancy.

(5) As provided in RCW 29.15.190 and 29.21.410, each appointed supervisor shall serve until a qualified person is elected at the next election at which a supervisor normally would be elected that occurs twenty-eight or more days after the occurrence of the vacancy. If needed, special filing periods shall be authorized as provided in RCW 29.15.170 and 29.15.180 for qualified persons to file for the vacant office. A primary shall be held to nominate candidates if sufficient time exists to hold a primary and more than two candidates file for the vacant position. Otherwise a primary shall not be held and the person receiving the greatest number of votes shall be elected. The person elected shall take office immediately and serve the remainder of the unexpired term. However, if an election for the vacant position would otherwise have been held at this election, only one election shall be held and the person who is elected shall be elected to both the remainder of the unexpired term and the succeeding term of office.

(6) No one shall be appointed to fill a vacancy on an initial board of supervisors consisting of more than the number of supervisors designated by the county legislative authority for that township as the result of fire commissioners and city or town mayors and councilmembers assuming office as supervisors or on a board of supervisors that is expanded to more than the designated number of supervisors for the township as the result of a city or town merging into an established township.

NEW SECTION. Sec. 10. COMPENSATION OF SUPERVISORS. The county legislative authority shall adopt a resolution providing for the payment or reimbursement of expenses that supervisors incur performing their official duties. The county legislative authority may adopt a resolution providing compensation for township supervisors at the same level in each township or at varied levels in different townships.

NEW SECTION. Sec. 11. OPEN PUBLIC MEETINGS ACT AND PUBLIC DISCLOSURE ACT. Among other general laws, a board of supervisors is subject to chapter 42.30 RCW, the open public meetings act, and chapter 42.17 RCW, the public disclosure act.

Sec. 12. RCW 45.12.030 and 1895 c 175 s 12 are each amended to read as follows:

REVERSAL OF CONSTITUTIONAL GENERAL GRANT OF HOME RULE POWERS. No ((~~town~~)) township shall possess or exercise any corporate powers except such as are enumerated in this chapter or are especially given by law or necessary to the exercise of the powers so enumerated or granted.

NEW SECTION. Sec. 13. GENERAL CORPORATE POWERS. A township is a body corporate, a municipal corporation, and shall possess all the usual powers of a corporation for public purposes, including, but not limited to, the authority to hire employees, staff, and services, enter into contracts, accept and expend or use gifts, grants, and donations, purchase or otherwise acquire materials, supplies, equipment, and real property, and sue or be sued, as well as any other powers that may now or hereafter be specifically conferred by statute.

NEW SECTION. Sec. 14. TOWNSHIP ZONING ORDINANCES. The board of supervisors of each township shall adopt a township zoning ordinance as follows:

(1) Prior to the official date of creating the townships, the county legislative authority shall adopt an ordinance establishing policies and conditions that serve as an overall guide and framework for the development of proposed township zoning ordinances and may include factors and provisions of general importance that must be included in a proposed township zoning ordinance for any specific township. The county resolution shall provide for the coordination of a township zoning ordinance that is adopted by each urban township with the comprehensive plans of cities and towns and other urban townships located within the same urban growth area.

(2) Each township zoning ordinance shall implement and conform with the general county ordinance adopted under subsection (1) of this section and the county's comprehensive plan, which where applicable includes, but is not limited to, the designation of lands and areas under RCW 36.70A.170, conserving lands and protecting areas under RCW 36.70A.060, retaining the urban nature of urban growth areas designated under RCW 36.70A.110 and the nonurban nature of areas outside of designated urban growth areas, and other actions taken by the county legislative authority under chapter 36.70A RCW. A township zoning ordinance shall not alter the county's shoreline master program.

A board of supervisors shall submit the proposed township zoning ordinance that it adopts to the county legislative authority for its review of the consistency of the proposed township zoning ordinance with the general county ordinance adopted under subsection (1) of this section and the county comprehensive plan. The county legislative authority shall either approve the proposed township zoning ordinance as adopted, or refer the proposed township zoning ordinance back to the township supervisors with written findings specifying the inconsistencies, within ninety days after the proposed township zoning ordinance was submitted. The county zoning ordinances shall remain in effect in the township until the proposed township zoning ordinance is approved as provided in this subsection.

An approved township zoning ordinance in a county that is required or chooses to plan under RCW 36.70A.040 is subject to appeal to a growth planning hearings board under chapter 36.70A RCW.

(3) Each proposed amendment to an approved township zoning ordinance that is adopted by a board of supervisors shall be submitted to the county legislative authority for its review of the consistency of the amendment with the general county ordinance adopted under subsection (1) of this section and the county comprehensive plan. The county legislative authority shall either approve the proposed amendment as adopted or refer the proposed amendment back to the board of supervisors with written findings specifying the inconsistencies, within ninety days after the proposed amendment was submitted. The unamended township zoning ordinance shall remain in effect in the township until the proposed amendment has been approved as provided in this subsection.

An approved amendment to a township zoning ordinance in a county that is required or chooses to plan under RCW 36.70A.040 is subject to potential appeal to a growth planning hearings board under chapter 36.70A RCW.

(4) If the county legislative authority amends the county's comprehensive plan or the general county ordinance it adopted under subsection (1) of this section, each board of supervisors shall amend the township zoning ordinance to be consistent with the amended county comprehensive plan or amended general county ordinance. The county legislative authority may amend a township zoning ordinance to achieve consistency with the amended county comprehensive plan or amended general county ordinance to be in effect until proposed amendments to the township zoning ordinance that are adopted by the board of supervisors have been approved. Nothing in this subsection may preclude a board of supervisors from subsequently obtaining approval of its proposed amendments to the township zoning ordinance that is so altered by the county legislative authority.

(5) Approved township zoning ordinances shall be enforced by the county as if they had been adopted by the county legislative authority. A board of supervisors shall not have the authority to take quasi-judicial actions or to decide permit applications. All quasi-judicial actions and permits relating to township zoning ordinances shall be made and decided by the county legislative authority or otherwise as provided by the county legislative authority.

(6) A township shall not hire staff to assist in performing its duties under this section. The county shall provide administrative support and staff support that is necessary for its townships to meet the requirements of this section and shall defend its townships in any lawsuit over the actions taken by the township under this section.

NEW SECTION. Sec. 15. TOWNSHIP POWERS OF A FIRE PROTECTION DISTRICT AND TO ACT AS A FORUM. (1) A township shall possess all of the powers, duties, and responsibilities of a fire protection district, including but not limited to, the powers to impose property tax levies and benefit charges. However, the authority of a township to incur indebtedness is limited by section 17 of this act.

(2) A board of supervisors shall act as a forum for the discussion of local issues.

NEW SECTION. Sec. 16. REGIONAL AUTHORITY OF COUNTY OVER FIRE PROTECTION ACTIVITIES AND FACILITIES. The county legislative authority of a county that is organized into townships may, in its sole discretion, adopt a resolution granting the county legislative authority the power to coordinate any of the fire protection district activities and facilities of its townships, including, but not limited to, the location and design of fire stations and other facilities, training of both paid and volunteer fire fighters, hazardous spill response, emergency medical response, and radio communication. The resolution may require that a small urban township contract with a city or town for the provision of fire protection services and facilities in the urban township.

In addition, the county legislative authority may, in its sole discretion, adopt a resolution granting to the county legislative authority the power to coordinate any of the activities of the cities and towns in the county relating to the same types of fire protection district activities and facilities that may be exercised by its townships and the funding of these activities and facilities.

The powers of any township, city, or town relating to such activities and facilities are subject to, and controlled by, the county legislative authority as provided in these resolutions.

NEW SECTION. Sec. 17. GENERAL INDEBTEDNESS. A township may contract indebtedness or borrow money to finance the acquisition of materials, supplies, and equipment, as well as the acquisition, construction, and remodeling of facilities and real property, associated with its powers as a fire protection district, and may issue general obligation bonds for such purposes not exceeding an amount equal to three-eighths of one percent of the value of taxable property in the township without voter approval.

A township may contract indebtedness or borrow money to finance its capital purposes associated with its powers as a fire protection district, and may issue general obligation bonds for such purposes not exceeding an amount, together with any existing voter approved and nonvoter approved indebtedness of the township, equal to one and one-quarter percent of the value of the taxable property in the township and impose excess property tax levies to retire the general indebtedness as provided in RCW 39.36.050 if a ballot proposition authorizing both the indebtedness and excess levies is approved by at least three-fifths of the voters of the township voting on the proposition, and the total number of voters voting on the proposition constitutes not less than forty percent of the total number of voters in the township voting at the last preceding state general election.

The term "value of the taxable property" shall have the meaning set forth in RCW 39.36.015. General obligation bonds shall be issued and sold in accordance with chapter 39.46 RCW.

Sec. 18. RCW 84.52.052 and 1991 c 138 s 1 are each amended to read as follows:

SINGLE YEAR EXCESS LEVIES. The limitations imposed by RCW 84.52.050 through 84.52.056, and RCW 84.52.043 shall not prevent the levy of additional taxes by any taxing district except school districts in which a larger levy is necessary in order to prevent the impairment of the obligation of contracts. As used in this section, the term "taxing district" means any county, metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, intercounty rural library district, fire protection district, cemetery district, city, town, transportation benefit district, township, emergency medical service district with a population density of less than one thousand per square mile, or cultural arts, stadium, and convention district.

Any such taxing district may levy taxes at a rate in excess of the rate specified in RCW 84.52.050 through 84.52.056 and 84.52.043, or RCW 84.55.010 through 84.55.050, when authorized so to do by the voters of such taxing district in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 64 and as thereafter amended, at a special or general election to be held in the year in which the levy is made.

A special election may be called and the time therefor fixed by the county legislative authority, or council, board of commissioners, or other governing body of any such taxing district, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no."

Sec. 19. RCW 29.04.010 and 1965 c 9 s 29.04.010 are each amended to read as follows:

ELIGIBLE VOTERS. Only a registered voter shall be permitted to vote:

(1) At any election held for the purpose of electing persons to public office;

(2) At any recall election of a public officer;

(3) At any election held for the submission of a measure to any voting constituency;

(4) At any primary election.

((~~The provisions of this section shall not apply to township elections.~~))

NEW SECTION. Sec. 20. MERGING A CITY OR TOWN INTO A TOWNSHIP AFTER THE TOWNSHIP HAS BEEN CREATED. (1) After the official date of creating townships in a county, any city or town that is completely located within the county that is organized into townships may merge into a township adjacently located to a portion of the city's or town's boundaries, as provided in this section.

(2) A ballot proposition authorizing the merging of a city or town into a township shall be submitted to the voters of the city or town at any special election date specified under RCW 29.13.010 if both: (a) A resolution proposing the merger is adopted by the city or town council or a petition proposing the merger is submitted to the county legislative authority, that has been signed by city or town voters equal in number to at least ten percent of the number of city or town voters who voted at the last municipal general election; and (b) the board of supervisors of the township adopts a resolution concurring in the proposed merger. If the ballot proposition is approved by a simple majority vote of the city or town voters voting on the proposition, the city or town shall be merged into the township effective on the first day of January that occurs at least six months after the date of the election at which the election was held.

(3) If the merger is approved, the board of supervisors of the township shall be expanded temporarily at the effective date of the merger to include the mayor and each city or town councilmember whose term of office as a mayor or councilmember expires after the effective date of the merger who notifies the county legislative authority of his or her intention to serve as a supervisor. Notification shall be in writing and shall be made within sixty days of the date of the election at which the merger is approved. The term of office of the mayor or a councilmember who becomes a township supervisor shall be the length of his or her remaining term of office as the mayor or a councilmember, if supervisors normally are elected in an odd-numbered year, or the remaining term of office as a councilmember plus one year, if the year in which supervisors normally are elected is an even-numbered year.

If the mayor or any city or town councilmember assumes office as a supervisor, the number of supervisors shall be gradually reduced to the designated number of supervisors for the township by electing a number of supervisors at the next three township general elections consistent with the staggering of terms that is provided in section 7 of this act.

(4) The assets and liabilities of the city or town that are associated with its fire department shall be transferred to the township, as determined by the county legislative authority. RCW 35A.15.050 through 35A.15.100 shall apply to the distribution of all other assets and liabilities of the city or town. The actions taken under this section shall not impair the rights of creditors.

(5) No municipal elections shall be held for such a city or town that is merged into townships and the voters of the city or town shall participate in the township primary and general election to nominate and elect supervisors if such elections occur before the city or town is merged into the township.

(6) For purposes of RCW 84.09.030, the boundaries of the township shall be established to include the merged city or town on the date of the election at which the merger was approved.

(7) The merging of a city or town into a township that occurs under this section is not subject to chapter 36.93 RCW, including potential review by a boundary review board.

(8) The rights of civil service fire fighters of a city or town that is merged into a township or townships or which has territory removed from it under this section to transfer employment from the city or town to a township shall be the same as provided under RCW 52.04.121 for city fire fighters transferring employment from a city to a fire protection district that annexes the city.

NEW SECTION. Sec. 21. ANNEXATION OF SOME UNINCORPORATED AREAS TO CITIES AND TOWNS IF TOWNSHIPS ARE AUTHORIZED. (1) Except as provided in subsection (2) of this section, the following unincorporated areas of a county shall be annexed automatically into a city or town, if the voters of the county approve ballot proposition authorizing township organization of the county:

(a) Any unincorporated area that is entirely surrounded by a single city or town in the county shall be annexed into that city or town, effective when the results of the election authorizing the township organization of the county are certified.

(b) Any unincorporated area that is partially surrounded by a single city or town in the county shall be annexed into that city or town, effective when the results of the election authorizing the township organization of the county are certified, if a closed plane figure including the unincorporated area could be drawn so that at least eighty percent of the borders of the closed plane figure are coterminous with a portion of the boundaries of the city or town.

(c) Any unincorporated area that is entirely surrounded by two or more cities or towns in the county shall be annexed into one or more of these cities or towns. Prior to the official date of creating the townships, the county legislative authority by resolution shall cause the entire area to be annexed by one or more of the cities and towns. The effective date of the annexation or annexations shall be established by the resolution.

(d) Any unincorporated area that is partially surrounded by two or more cities or towns in the county shall be annexed into the cities or towns if a closed plane figure including the unincorporated area could be drawn so that at least eighty percent of the borders of the closed plane figure are coterminous with a portion of the boundaries of the cities and towns. Prior to the official date of creating the townships, the county legislative authority by resolution shall cause the entire area to be annexed by one or more of the cities and towns. The effective date of the annexation or annexations shall be established by the resolution.

(2) Prior to the election at which the ballot proposition is submitted to county voters authorizing the township organization of the county, the county legislative authority may adopt a resolution preventing any area to be annexed under subsection (1) of this section if the area is at least one square mile in size or if one thousand or more persons reside in the area. At any time after the approval of the ballot proposition authorizing the township organization of the county, the county legislative authority by resolution may cause such an entire area to be annexed to a city or town or cities and towns.

(3) No city or town located in a county that has a township organization may annex an area if the annexation would result in creating an unincorporated area that is described as an area subject to annexation under subsection (1) of this section.

(4) Annexations occurring under this section are not subject to chapter 36.93 RCW, including potential review by a boundary review board.

NEW SECTION. Sec. 22. CITY AND TOWN ANNEXATION POWERS. If a city or town operating under Title 35 RCW located in a county that has adopted a township organization annexes territory in that county using the direct property owner petition method under RCW 35.13.125 through 35.13.160, the petition authorizing the annexation need only be signed by the owners of property in the area proposed for annexation that constitutes not less than fifty-five percent of the total assessed valuation for general taxation of all the property proposed to be annexed. Annexations under the direct property owner petition method by such a city or town of territory located in an adjacent county that has not adopted a township organization shall conform with the petition signature requirements detailed in RCW 35.13.130.

If a code city operating under Title 35A RCW located in a county that has adopted a township organization annexes territory in that county using the direct property owner petition method under RCW 35A.14.120 through 35A.14.150, the petition authorizing the annexation need only be signed by the owners of property in the area proposed for annexation that constitutes not less than fifty-five percent of the total assessed valuation for general taxation of all the property proposed to be annexed. Annexations under the direct property owner petition method by such a city of territory located in an adjacent county that has not adopted a township organization shall conform with the petition signature requirements detailed in RCW 35A.14.120.

NEW SECTION. Sec. 23. CIVIL SERVICE RIGHTS OF POLICE OFFICERS IN CITIES AND TOWNS MERGED INTO TOWNSHIPS. Employees of a police department or marshal's office in a city or town that has merged into a township or townships, as provided under sections 6 or 22 of this act, that are employed under chapter 41.12 RCW shall have the same rights of transfer to the county sheriff's office that are accorded to a city or town fire fighter to transfer employment to a fire protection district as provided under RCW 35.13.215 through 35.13.235.

NEW SECTION. Sec. 24. The following acts or parts of acts are each repealed:

(1) RCW 45.04.020 and 1895 c 175 s 2;

(2) RCW 45.04.030 and 1895 c 175 s 3;

(3) RCW 45.08.010 and 1927 c 74 s 1 & 1895 c 175 s 4;

(4) RCW 45.08.020 and 1895 c 175 s 5;

(5) RCW 45.08.060 and 1895 c 175 s 6;

(6) RCW 45.08.070 and 1895 c 175 s 7;

(7) RCW 45.08.080 and 1895 c 175 s 8;

(8) RCW 45.08.090 and 1895 c 175 s 9;

(9) RCW 45.12.010 and 1923 c 13 s 1 & 1895 c 175 s 10;

(10) RCW 45.12.020 and 1953 c 167 s 1, 1909 c 47 s 1, & 1895 c 175 s 11;

(11) RCW 45.12.021 and 1965 c 119 s 1;

(12) RCW 45.12.040 and 1895 c 175 s 13;

(13) RCW 45.12.050 and 1895 c 175 s 14;

(14) RCW 45.12.060 and 1895 c 175 s 15;

(15) RCW 45.12.070 and 1923 c 13 s 2 & 1895 c 175 s 16;

(16) RCW 45.12.080 and 1923 c 13 s 3, 1915 c 90 s 1, 1909 c 47 s 2, & 1895 c 175 s 17;

(17) RCW 45.12.090 and 1959 c 16 s 5;

(18) RCW 45.12.100 and 1984 c 189 s 4, 1969 ex.s. c 243 s 4, 1959 c 16 s 2, & 1953 c 165 s 1;

(19) RCW 45.12.110 and 1895 c 175 s 20;

(20) RCW 45.12.120 and 1895 c 175 s 21;

(21) RCW 45.12.130 and 1895 c 175 s 22;

(22) RCW 45.12.140 and 1895 c 175 s 23;

(23) RCW 45.12.150 and 1895 c 175 s 24;

(24) RCW 45.12.160 and 1895 c 175 s 25;

(25) RCW 45.12.170 and 1895 c 175 s 26;

(26) RCW 45.12.180 and 1895 c 175 s 27;

(27) RCW 45.12.190 and 1895 s 175 s 28;

(28) RCW 45.12.200 and 1895 c 175 s 29;

(29) RCW 45.12.210 and 1895 c 175 s 30;

(30) RCW 45.12.220 and 1895 c 175 s 31;

(31) RCW 45.12.230 and 1895 c 175 s 32;

(32) RCW 45.12.240 and 1895 c 175 s 33;

(33) RCW 45.16.010 and 1895 c 175 s 34;

(34) RCW 45.16.020 and 1895 c 175 s 35;

(35) RCW 45.16.030 and 1895 c 175 s 36;

(36) RCW 45.16.035 and 1913 c 142 s 4 & 1895 c 175 s 42;

(37) RCW 45.16.040 and 1913 c 142 s 2 & 1895 c 175 s 37;

(38) RCW 45.16.060 and 1913 c 142 s 3 & 1895 c 175 s 38;

(39) RCW 45.16.070 and 1895 c 175 s 39;

(40) RCW 45.16.080 and 1895 c 175 s 40;

(41) RCW 45.16.090 and 1895 c 175 s 41;

(42) RCW 45.16.100 and 1895 c 175 s 43;

(43) RCW 45.16.110 and 1913 c 142 s 5 & 1895 c 175 s 44;

(44) RCW 45.16.120 and 1923 c 13 s 5 & 1895 c 175 s 45;

(45) RCW 45.20.010 and 1913 c 142 s 6 & 1895 c 175 s 46;

(46) RCW 45.20.020 and 1895 c 175 s 47;

(47) RCW 45.24.010 and 1977 c 15 s 1, 1919 c 108 s 2, 1911 c 34 s 1, part, 1909 c 47 s 4, & 1895 c 175 s 48;

(48) RCW 45.24.040 and 1895 c 175 s 51;

(49) RCW 45.24.050 and 1895 c 175 s 52;

(50) RCW 45.24.060 and 1895 c 175 s 49;

(51) RCW 45.28.010 and 1895 c 175 s 53;

(52) RCW 45.28.020 and 1911 c 34 s 2;

(53) RCW 45.28.030 and 1911 c 34 s 3;

(54) RCW 45.28.040 and 1895 c 175 s 54;

(55) RCW 45.28.050 and 1895 c 175 s 55;

(56) RCW 45.28.060 and 1895 c 175 s 56;

(57) RCW 45.28.070 and 1895 c 175 s 57;

(58) RCW 45.28.100 and 1895 c 175 s 60;

(59) RCW 45.32.010 and 1895 c 175 s 70;

(60) RCW 45.32.020 and 1895 c 175 s 71;

(61) RCW 45.32.030 and 1923 c 13 s 6, 1913 c 142 s 7, & 1895 c 175 s 72;

(62) RCW 45.32.050 and 1895 c 175 s 73;

(63) RCW 45.32.060 and 1895 c 175 s 74;

(64) RCW 45.32.070 and 1895 c 175 s 75;

(65) RCW 45.32.080 and 1895 c 175 s 76;

(66) RCW 45.32.090 and 1913 c 142 s 9;

(67) RCW 45.36.010 and 1895 c 175 s 95;

(68) RCW 45.36.020 and 1895 c 175 s 96;

(69) RCW 45.36.030 and 1911 c 34 s 1, part & 1895 c 175 s 94;

(70) RCW 45.40.010 and 1895 c 175 s 77;

(71) RCW 45.40.030 and 1895 c 175 s 78;

(72) RCW 45.44.010 and 1923 c 13 s 9, 1915 c 90 s 2, 1909 c 47 s 9, & 1895 c 175 s 93;

(73) RCW 45.48.010 and 1895 c 175 s 111;

(74) RCW 45.48.020 and 1895 c 175 s 112;

(75) RCW 45.48.030 and 1895 c 175 s 113;

(76) RCW 45.48.040 and 1895 c 175 s 114;

(77) RCW 45.52.010 and 1895 c 175 s 61;

(78) RCW 45.52.020 and 1895 c 175 s 62;

(79) RCW 45.52.030 and 1895 c 175 s 63;

(80) RCW 45.52.040 and 1895 c 175 s 64;

(81) RCW 45.52.050 and 1895 c 175 s 65;

(82) RCW 45.52.060 and 1895 c 175 s 66;

(83) RCW 45.52.070 and 1895 c 175 s 67;

(84) RCW 45.52.080 and 1895 c 175 s 68;

(85) RCW 45.52.090 and 1895 c 175 s 69;

(86) RCW 45.54.010 and 1937 c 81 s 1;

(87) RCW 45.54.020 and 1937 c 81 s 2;

(88) RCW 45.56.010 and 1959 c 16 s 3;

(89) RCW 45.56.040 and 1969 ex.s. c 243 s 5 & 1895 c 175 s 86;

(90) RCW 45.56.050 and 1913 c 142 s 10;

(91) RCW 45.56.070 and 1895 c 175 s 90;

(92) RCW 45.56.080 and 1895 c 175 s 92;

(93) RCW 45.64.010 and 1895 c 175 s 97;

(94) RCW 45.64.020 and 1895 c 175 s 98;

(95) RCW 45.64.030 and 1895 c 175 s 99;

(96) RCW 45.64.040 and 1895 c 175 s 100;

(97) RCW 45.64.050 and 1895 c 175 s 101;

(98) RCW 45.64.060 and 1895 c 175 s 102;

(99) RCW 45.64.070 and 1895 c 175 s 103;

(100) RCW 45.64.080 and 1895 c 175 s 104;

(101) RCW 45.72.010 and 1895 c 175 s 110;

(102) RCW 45.72.020 and 1909 c 47 s 11;

(103) RCW 45.72.030 and 1895 c 175 s 116;

(104) RCW 45.72.040 and 1911 c 13 s 1;

(105) RCW 45.72.050 and 1973 1st ex.s. c 195 s 45 & 1911 c 13 s 2;

(106) RCW 45.72.060 and 1911 c 13 s 3;

(107) RCW 45.72.070 and 1969 ex.s. c 243 s 6, 1909 c 47 s 10, & 1895 c 175 s 115;

(108) RCW 45.76.020 and 1951 c 173 s 1;

(109) RCW 45.76.030 and 1951 c 173 s 2;

(110) RCW 45.76.040 and 1951 c 173 s 3;

(111) RCW 45.76.050 and 1951 c 173 s 4;

(112) RCW 45.76.060 and 1951 c 173 s 5;

(113) RCW 45.76.070 and 1951 c 173 s 6;

(114) RCW 45.76.080 and 1951 c 173 s 7;

(115) RCW 45.76.090 and 1951 c 173 s 8;

(116) RCW 45.76.100 and 1957 c 65 s 1 & 1951 c 173 s 9;

(117) RCW 45.80.020 and 1961 c 53 s 2;

(118) RCW 45.80.030 and 1961 c 53 s 3;

(119) RCW 45.80.040 and 1961 c 53 s 4;

(120) RCW 45.80.050 and 1961 c 53 s 5;

(121) RCW 45.80.060 and 1961 c 53 s 6;

(122) RCW 45.80.070 and 1971 c 19 s 3 & 1961 c 53 s 7;

(123) RCW 45.80.080 and 1971 c 19 s 4 & 1961 c 53 s 8;

(124) RCW 45.80.100 and 1961 c 53 s 10;

(125) RCW 45.82.010 and 1969 ex.s. c 243 s 1; and

(126) RCW 45.82.020 and 1973 1st ex.s. c 195 s 46 & 1969 ex.s. c 243 s 3.

NEW SECTION. Sec. 25. HEADINGS. Section headings used in this act do not constitute any part of the law.

NEW SECTION. Sec. 26. CODIFYING DIRECTIONS. (1) Sections 1, 2, 4 through 11, 13 through 17, and 20 through 23 of this act shall constitute a new chapter in Title 45 RCW.

(2) RCW 45.04.010, 45.12.030, and 45.80.010 shall be recodified into the new chapter in Title 45 RCW created by subsection (1) of this section.