BILL REQ. #:  S-0153.3 



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SENATE BILL 5710
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State of Washington60th Legislature2007 Regular Session

By Senator Parlette

Read first time 01/29/2007.   Referred to Committee on Government Operations & Elections.



     AN ACT Relating to withdrawal of territory from a public hospital district and annexation of such territory into an adjoining district providing services; and adding a new section to chapter 70.44 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 70.44 RCW to read as follows:
     Territory within a public hospital district may be withdrawn from a district and annexed into an adjoining district in the following manner and upon the following conditions:
     (1) The petition for withdrawal shall be in writing and shall designate the boundaries of the territory proposed to be withdrawn from the district and shall be signed by at least twenty-five percent of the qualified voters residing within the territory so designated who are qualified voters on the date of filing such petition. The petition shall set forth that the territory proposed to be withdrawn is being served by a hospital in an adjoining district. The petition shall further set forth that annexation of the territory into the adjoining district will benefit the general welfare of the territory.
     (2) The withdrawal of an area from the boundaries of a public hospital district shall not exempt any property therein from taxation for the purpose of paying the costs of redeeming any indebtedness of the public hospital district existing at the time of the withdrawal.
     (3) The petition for withdrawal shall be filed with the county auditor of each county in which the district is located, and after the filing no person having signed the petition shall be allowed to withdraw the person's name. Within ten days after such filing, each county auditor shall examine and verify the signatures of signers residing in the respective county. The petition shall be transmitted to the auditor of the county in which all or the major geographic portion of the district is located, who shall certify to the sufficiency or insufficiency of the signatures. If the area proposed to be withdrawn is located in more than one county, the auditor of the county in which the largest geographic portion of the area proposed to be withdrawn is located shall be the lead auditor and shall immediately transfer a copy of the petitions to the auditor of each other county in which the area proposed to be withdrawn is located. Within ten days after the lead auditor received the petition, the auditors of these other counties shall certify to the lead auditor: (a) The number of voters of that county residing in the area proposed to be withdrawn who voted at the last municipal general election; and (b) the number of valid signatures on the petition of voters of that county residing in the area proposed to be withdrawn. The lead auditor shall certify the sufficiency of the petition after receiving this information. If the petition is found by the county auditor to contain sufficient signatures, the petition, with a certificate of sufficiency attached, shall be transmitted to the board of commissioners of the district from which the petition proposes territory be withdrawn, to the board of commissioners of the district to which the petition proposes territory be annexed, and to each legislative authority of the county or counties in which the territory proposing to be withdrawn and annexed is located. If the petition is found to be insufficient, it shall be returned to the persons filing it, who may amend or add names for ten days, when it shall be returned to the lead auditor, who shall have an additional fifteen days to examine it and attach the certificate.
     (4) Upon receipt of the petition and certificate of sufficiency, the county legislative authority of the county in which all or the major geographic portion of the district is located, or the county legislative authority of the county in which the largest geographic portion of the area proposed to be withdrawn is located if the area proposed to be withdrawn is located in more than one county, shall fix a time and place for hearing and shall cause to be published, at least once a week for two or more weeks in successive issues of a newspaper of general circulation in the district, a notice that such petition has been presented to the county legislative authority stating the time and place of the hearing and setting forth the boundaries of the territory proposed to be withdrawn and annexed. The petition shall be heard at the time and place specified in the notice, or the hearing may be adjourned from time to time, not exceeding one month in all, and any person may appear at the hearing and make objections to the withdrawal and annexation of the territory.
     (5) The county legislative authority of each county in which the district is located shall by resolution cause a special election to be held not less than thirty days or more than sixty days from the date of the hearing in subsection (4) of this section. The ballot proposition shall be in substantially the following form:

     "Shall the territory defined by the petition for withdrawal be withdrawn from district . . . . . . (naming it) and annexed to district . . . . . . (naming it)?


YES □NO □"


If a majority of those voting on such proposition vote in favor, the territory shall be withdrawn from the former district and annexed to the proposed adjoining public hospital district.
     (6) If, as the result of redrawing the boundaries of the district or commissioner districts as permitted or required under the provisions of this chapter, chapter 29A.76 RCW, or any other statute, more than the correct number of commissioners who are associated with commissioner districts reside in the same commissioner district, commissioners residing in that redrawn commissioner district equal in number to the number of commissioners in excess of the correct number shall be assigned to the drawn commissioner districts in which less than the correct number of commissioners associated with commissioner districts reside. The commissioners who are so assigned shall be those with the shortest unexpired terms of office, but if the number of such commissioners with the same terms of office exceeds the number that are to be assigned, the board of commissioners shall select by lot from those commissioners which ones are assigned. A commissioner who is so assigned shall be deemed to be a resident of the commissioner district to which he or she is assigned for purposes of determining whether a position is vacant.

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