BILL REQ. #:  S-0755.1 

Read first time 01/20/09.   Referred to Committee on Transportation.

     AN ACT Relating to the annexation procedures of public transportation benefit area authorities; and amending RCW 36.57A.140.

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

Sec. 1   RCW 36.57A.140 and 1991 c 318 s 17 are each amended to read as follows:
     (1) A public transportation benefit area authority may authorize the annexation of territory contiguous to a public transportation benefit area by the processes described under (a) or (b) of this subsection. The authority shall consider the annexation of territory contiguous to the public transportation benefit area at least once every two years.
     (a) A public transportation benefit area authority may authorize the annexation of territory through a resolution when it determines that the best interests and general welfare of the public transportation benefit area would be served. Annexation through resolution under this subsection (1)(a) is subject to the following conditions:
     (i) A public transportation benefit area authority proposing to annex territory shall conduct a public hearing prior to the passage of a resolution. Notice of the hearing must be given as described under RCW 36.57A.030; and
     (ii) A resolution passed under (a)(i) of this subsection does not take effect for at least thirty days after it has passed. If, within thirty days of the passage of a resolution under (a)(i) of this subsection, a petition calling for an election to authorize the annexation is signed by at least four percent of the qualified voters residing within the area to be annexed and filed with the auditor of the county in which the largest portion of the public transportation benefit area is located, the resolution does not take effect until the annexation is authorized through an election. Upon receipt of the petition for an election, the auditor must give notice to the authority, and the auditor must examine the petition and certify the sufficiency of the signatures on the petition.
     (b) An election to authorize the annexation of territory ((contiguous)) to a public transportation benefit area may be called within the area to be annexed pursuant to (a) of this subsection or by resolution or petition in the following manner:
     (((a))) (i) By resolution of a public transportation benefit area authority when it determines that the best interests and general welfare of the public transportation benefit area would be served((. The authority shall consider the question of areas to be annexed to the public transportation benefit area at least once every two years.
     (b)));
     (ii) By petition calling for such an election signed by at least four percent of the qualified voters residing within the area to be annexed and filed with the auditor of the county wherein the largest portion of the public transportation benefit area is located, and notice thereof shall be given to the authority. Upon receipt of such a petition, the auditor shall examine it and certify to the sufficiency of the signatures thereon((.
     (c))); or
     (iii) By resolution of a public transportation benefit area authority upon request of any city for annexation thereto.
     (2) If the area proposed to be annexed is located within another county, the petition or resolution for annexation as set forth in subsection (1) of this section must be approved by the legislative authority of the county if the area is unincorporated or by the legislative authority of the city or town if the area is incorporated. Any annexation under this subsection must involve contiguous areas.
     (3) The resolution or petition ((shall)) in subsection (1) of this section must describe the boundaries of the area to be annexed((. It shall require that there also be submitted to the electorate of the territory sought to be annexed a proposition authorizing the inclusion of the area within the public transportation benefit area and authorizing the imposition of such)) and must provide that, upon annexation, the authority may impose taxes authorized by law to be collected by the authority.