H-1100              _______________________________________________

                                                    HOUSE BILL NO. 605

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Unsoeld and Belcher

Read first time 2/8/85 and referred to Committee on Local Government.

AN ACT Relating to boundary review boards; and amending RCW 36.93.150.

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

        Sec. 1.  Section 15, chapter 189, Laws of 1967 as last amended by section 13, chapter 5, Laws of 1979 ex. sess. and RCW 36.93.150 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) Approval of the proposal as submitted;

          (2) Subject to RCW 35.02.170, modification of the proposal by adjusting boundaries to add or delete territory:  PROVIDED, That any proposal for annexation by the board shall be subject to RCW 35.21.010 and shall not add additional territory, the amount of which is greater than that included in the original proposal;

          (3) Determination of a division of assets and liabilities between two or more governmental units where relevant;

          (4) Determination 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; ((or))

          (5) Disapproval of the proposal except that the board shall not have jurisdiction 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:  PROVIDED, That a board shall not have jurisdiction over the division of assets and liabilities of a special purpose district that is dissolved or disincorporated pursuant to chapter 36.96 RCW; or

(6) If the proposed action is the petition of qualified voters for an election for incorporation under chapter 35A.03 RCW, and meeting the requirements of chapter 35A.03 RCW, the board shall, subject to  RCW 35A.03.180, establish and define the boundaries of the proposed noncharter code city, being authorized to decrease, but not increase, the area proposed in the petition, when it appears to the board that a change in the boundaries set in the petition would be in the best interest of all the inhabitants of the proposed area, based on the considerations set forth in RCW 36.93.180.  Any such decrease shall not exceed twenty percent of the area proposed:  PROVIDED, That the area shall not be so decreased that the number of inhabitants therein shall be less than required by RCW 35A.03.010.

          Unless the board shall disapprove 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 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.

          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.