BILL REQ. #: S-0224.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/27/11. Referred to Committee on Government Operations, Tribal Relations & Elections.
AN ACT Relating to limiting the authority of boundary review boards to expand an annexation to twice the area of the proposed annexation; and amending RCW 36.93.150.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 36.93.150 and 1994 c 216 s 15 are each amended to read
as follows:
The board, upon review of any proposed action, shall take such of
the following actions as it deems necessary to best carry out the
intent of this chapter:
(1) Approve the proposal as submitted.
(2) Subject to RCW 35.02.170, modify the proposal by adjusting
boundaries to add or delete territory. ((However, any proposal for
annexation of territory to a town shall be subject to RCW 35.21.010 and
the board shall not add additional territory, the amount of which is
greater than that included in the original proposal.)) Subject to the
requirements of this chapter, a board may modify a proposal by adding
territory that would increase the total area of the proposal before the
board. A board, however, may not modify a proposal for annexation of
territory to a city or town by adding an amount of territory that
constitutes more than one hundred percent of the total area of the
proposal before the board. Any modifications shall not interfere with
the authority of a city, town, or special purpose district to require
or not require preannexation agreements, covenants, or petitions. A
board shall not modify the proposed incorporation of a city with an
estimated population of seven thousand five hundred or more by removing
territory from the proposal, or adding territory to the proposal, that
constitutes ten percent or more of the total area included within the
proposal before the board. However, a board shall remove territory in
the proposed incorporation that is located outside of an urban growth
area or is annexed by a city or town, and may remove territory in the
proposed incorporation if a petition or resolution proposing the
annexation is filed or adopted that has priority over the proposed
incorporation, before the area is established that is subject to this
ten percent restriction on removing or adding territory. A board shall
not modify the proposed incorporation of a city with a population of
seven thousand five hundred or more to reduce the territory in such a
manner as to reduce the population below seven thousand five hundred.
(3) Determine a division of assets and liabilities between two or
more governmental units where relevant.
(4) Determine whether, or the extent to which, functions of a
special purpose district are to be assumed by an incorporated city or
town, metropolitan municipal corporation, or another existing special
purpose district.
(5) Disapprove the proposal except that the board shall not have
jurisdiction: (a) To disapprove the dissolution or disincorporation of
a special purpose district which is not providing services but shall
have jurisdiction over the determination of a division of the assets
and liabilities of a dissolved or disincorporated special purpose
district; (b) over the division of assets and liabilities of a special
purpose district that is dissolved or disincorporated pursuant to
chapter 36.96 RCW; nor (c) to disapprove the incorporation of a city
with an estimated population of seven thousand five hundred or more,
but the board may recommend against the proposed incorporation of a
city with such an estimated population.
Unless the board disapproves a proposal, it shall be presented
under the appropriate statute for approval of a public body and, if
required, a vote of the people. A proposal that has been modified
shall be presented under the appropriate statute for approval of a
public body and if required, a vote of the people. If a proposal,
other than that for a city, town, or special purpose district
annexation, after modification does not contain enough signatures of
persons within the modified area, as are required by law, then the
initiating party, parties or governmental unit has thirty days after
the modification decision to secure enough signatures to satisfy the
legal requirement. If the signatures cannot be secured then the
proposal may be submitted to a vote of the people, as required by law.
The addition or deletion of property by the board shall not
invalidate a petition which had previously satisfied the sufficiency of
signature provisions of RCW 35.13.130 or 35A.14.120. When the board,
after due proceedings held, disapproves a proposed action, such
proposed action shall be unavailable, the proposing agency shall be
without power to initiate the same or substantially the same as
determined by the board, and any succeeding acts intended to or tending
to effectuate that action shall be void, but such action may be
reinitiated after a period of twelve months from date of disapproval
and shall again be subject to the same consideration.
The board shall not modify or deny a proposed action unless there
is evidence on the record to support a conclusion that the action is
inconsistent with one or more of the objectives under RCW 36.93.180.
The board may not increase the area of a city or town annexation unless
it holds a separate public hearing on the proposed increase and
provides ten or more days' notice of the hearing to the registered
voters and property owners residing within the area subject to the
proposed increase. Every such determination to modify or deny a
proposed action shall be made in writing pursuant to a motion, and
shall be supported by appropriate written findings and conclusions,
based on the record.