READ FIRST TIME 02/20/09.   

     AN ACT Relating to diking districts; and adding a new section to chapter 85.38 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 85.38 RCW to read as follows:
     (1) Except as provided in subsection (3) of this section, contiguous territory outside of a diking district that receives services from the district may be annexed into the district using the following method:
     (a) The governing body must adopt a resolution of its intent to annex the territory. The resolution must: (i) Include a map and description of the subject territory; (ii) indicate which service or services the territory is receiving from the district; (iii) specify the proposed system of assessment; and (iv) set a date and time for a public hearing on the annexation proposal;
     (b) The district must publish notice of the hearing in a newspaper of general circulation in the district and must notify, by mail, all property owners as determined by the records of the county assessor. The notice required under this subsection (1)(b) must be published and mailed at least twenty-one days, but not more than twenty-eight days, before the public hearing. This subsection (1)(b) does not restrict or prevent a district from publishing or mailing notices that are in addition to the required notice;
     (c) After the public hearing, which may be continued from time to time, the governing body must decide whether to recommend the annexation to the legislative authority of the county in which the territory proposed for annexation is located. If the governing body recommends the annexation, it must adopt a resolution of the recommendation within forty-five days of its decision and forward a copy of the resolution, together with a draft annexation ordinance, to the applicable legislative authority;
     (d) The county legislative authority, by resolution, must set a date and time for a public hearing on the annexation proposal. The date of the hearing must be within ninety days after the county receives the recommendation resolution and draft annexation ordinance from the diking district. The county legislative authority must provide notice of the hearing, by mail, to all property owners within the proposed annexation area as determined by the records of the county assessor. The notice must be mailed at least twenty-one days, but not more than twenty-eight days, before the public hearing;
     (e) After the public hearing, which may be continued from time to time, the county legislative authority must decide whether to approve, modify, or reject the annexation proposal. The legislative authority may remove territory from the proposal, but it may not add territory without holding an additional public meeting and providing meeting notice to the property owners affected by the addition that conforms with the notice requirements of (b) of this subsection; and
     (f) If the county legislative authority approves the annexation proposal in its original or a modified form, it must do so by ordinance. Approved annexations are effective on the first day of the following January.
     (2) For the purposes of this section, territory bounded by a river, lake, or other body of water is contiguous to a district that is also bounded by the same river, lake, or other body of water.
     (3) Subsection (1) of this section does not apply to:
     (a) Land owned, managed, or leased by a federally recognized Indian tribe; or
     (b) Tribal trust land.