AN ACT Relating to boundary review boards; and amending RCW 36.93.050, 36.93.060, 36.93.070, 36.93.090, 36.93.100, 36.93.110, 36.93.120, 36.93.150, and 36.93.190.

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

Sec. 1. Section 5, chapter 189, Laws of 1967 as last amended by section 2, chapter 111, Laws of 1969 ex. sess. and RCW 36.93.050 are each amended to read as follows:

((~~After the effective date of this act,~~)) The governor shall ((~~within forty-five days~~)) appoint a board for each class AA county consisting of eleven members as provided for in this section. After a board has been established in a county other than class AA by resolution, by operation of law, or by approval of the electors after an election initiated by petition, the governor shall appoint a board within forty-five days for each such county consisting of five members as provided for in this section.

Of the members of the first board to be appointed in class AA counties after the taking effect of this section, four members, consisting of one member appointed from each of the four classes of nominees, shall have terms expiring January 1, 1970; four members, consisting of one member appointed from each of the four classes of nominees, shall have terms expiring January 1, 1972; and three members consisting of one member from each of the three classes of nominees furnishing three members to the board, shall have terms expiring January 1, 1974. When any county establishes a board of five members, two members shall have a term of not less than two years, nor more than four years; two members shall have a term of not less than four years, and not more than six years; and one member shall have a term of not less than six years, nor more than eight years. Upon the expiration of the terms of the initial members first to be appointed, each succeeding member shall be appointed and hold office for a term of six years.

Any vacancy on an eleven member or five member board shall be filled by appointment by the governor from the same source as the preceding member, which source shall have the opportunity to make new nominations for the vacated position, and such appointee shall serve only for the balance of the full term of his predecessor.

In each boundary review board which consists of eleven members, all members shall be residents of the county in which the review board is established. Three members shall be selected independently by the governor and the remaining eight members shall be selected by the governor from the following sources:

(1) Three members shall be selected from nominees of the individual mayors of the cities and towns within the county: PROVIDED, That the mayors in making nominations and the governor in making appointments shall ensure that at all times at least one member of the boundary review board is a mayor or city councilmember who is currently serving. If a board member is a mayor or city councilmember whose jurisdiction either has filed an action being considered by the boundary review board or has requested review of an action as an affected governmental unit, the mayors shall also nominate a mayor or city councilmember who is currently serving in a different jurisdiction to be an alternate for that board member. The alternate shall serve on the board only for the purposes of those meetings or deliberations at which the board is considering the action filed by the regular member's jurisdiction or as to which that jurisdiction has sought review. The position of a regular or alternate member appointed to the board while serving as mayor or city councilmember shall be deemed vacated when that regular or alternate board member leaves service as a mayor or city councilmember;

(2) Three members shall be selected from nominees of the individual members of the board of county commissioners: PROVIDED, That the commissioners in making nominations and the governor in making appointments shall insure that at all times at least one member of the boundary review board is a member of a county legislative authority or is an elected county executive; and

(3) Two members shall be selected from nominees of each special purpose district lying wholly or partly within the county. Selection shall be made so that the terms of not more than one appointee from each source expires in any one year.

Nominations shall be filed with the office of the governor within thirty days after the effective date of this act, within thirty days after the creation of a boundary review board by election, operation of law, or resolution as provided in RCW 36.93.030, or within thirty days of the creation of a vacancy on the board, as appropriate. Nominations to fill vacancies caused by expiration of terms shall be filed at least thirty days preceding the expiration of the terms. Each source shall nominate at least two persons for every available position. In the event there are less than two nominees for any position, the governor may appoint the member for that position independently.

No nominee for membership and no member shall be a consultant or adviser on a contractual or regular retaining basis of the state of Washington, or of any municipal corporation thereof within the county in which the board is established, or any agency or association thereof.

Sec. 2. Section 6, chapter 189, Laws of 1967 as amended by section 3, chapter 111, Laws of 1969 ex. sess. and RCW 36.93.060 are each amended to read as follows:

In counties other than class AA or those class A counties covered under RCW 36.93.920 the board shall consist of five members, selected as follows:

(1) Two by the governor, independently;

(2) One from nominees of the individual mayors of the cities and towns within the county: PROVIDED, That the mayors in making nominations and the governor in making appointments shall ensure that at all times at least one member of the boundary review board is a mayor or city councilmember who is currently serving. If a board member is a mayor or city councilmember whose jurisdiction either has filed an action being considered by the boundary review board or has requested review of an action as an affected governmental unit, the mayors shall also nominate a mayor or city councilmember who is currently serving in a different jurisdiction to be an alternate for that board member. The alternate shall serve on the board only for the purposes of those meetings or deliberations at which the board is considering the action filed by the regular member's jurisdiction or as to which that jurisdiction has sought review. The position of a regular or alternate member appointed to the board while serving as mayor or city councilmember shall be deemed vacated when that regular or alternate member leaves service as a mayor or city councilmember;

(3) One from nominees of the individual members of the board of county commissioners: PROVIDED, That the commissioners in making nominations and the governor in making appointments shall insure that at all times at least one member of the boundary review board is a member of a county legislative authority or is an elected county executive; and

(4) One from nominees of each special purpose district lying wholly or partly within the county.

Nominations shall be made and vacancies filled in the manner provided in RCW 36.93.050.

Boards established pursuant to this section shall not meet in panels. In all other respects, such boards shall organize and operate as generally provided in this chapter.

Sec. 3. Section 7, chapter 189, Laws of 1967 and RCW 36.93.070 are each amended to read as follows:

The members of each boundary review board shall elect from its members a chairman, vice chairman, and shall employ a nonmember as chief clerk, who shall be the secretary of the board. The board shall determine its own rules and order of business and shall provide by resolution for the time and manner of holding all regular or special meetings((~~, and~~)), provided that all meetings shall be subject to chapter 42.30 RCW. The board shall keep a journal of its proceedings which shall be a public record. A majority of all the members shall constitute a quorum for the transaction of business.

The chief clerk of the board shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas to any public officer or employee ordering him to testify before the board and produce public records, papers, books or documents. The chief clerk may invoke the aid of any court of competent jurisdiction to carry out such powers.

The board by rule may provide for hearings by panels of members consisting of not less than five board members, the number of hearing panels and members thereof, and for the impartial selection of panel members. A majority of a panel shall constitute a quorum thereof.

At the request of the board, the state attorney general, or at the board's option, the county prosecuting attorney, shall provide counsel for the board.

The planning departments of the county, other counties, and any city, and any state or regional planning agency shall furnish such information to the board at its request as may be reasonably necessary for the performance of its duties.

Each member of the board shall be compensated from the county current expense fund at the rate of twenty-five dollars per day, or a major portion thereof, for time actually devoted to the work of the boundary review board. Each board of county commissioners shall provide such funds as shall be necessary to pay the salaries of the members and staff, and such other expenses as shall be reasonably necessary.

Sec. 4. Section 7, chapter 10, Laws of 1982 and RCW 36.93.090 are each amended to read as follows:

Whenever any of the following described actions are proposed in a county in which a board has been established, the initiators of the action shall file within one hundred eighty days a notice of intention with the board, which may review any such proposed actions pertaining to:

(1) The creation, dissolution, incorporation, disincorporation, consolidation, or change in the boundary of any city, town, or special purpose district, except that a board may not review:

(a) The dissolution or disincorporation of a special purpose district which was dissolved or disincorporated pursuant to the provisions of chapter 36.96 RCW;

(b) A change in the boundary of a city or town arising from the annexation of contiguous city or town owned property held for a public purpose; or

(2) The assumption by any city or town of all or part of the assets, facilities, or indebtedness of a special purpose district which lies partially within such city or town; or

(3) The establishment of or change in the boundaries of a mutual water and sewer system or separate sewer system by a water district pursuant to RCW 57.08.065 or chapter 57.40 RCW, as now or hereafter amended; or

(4) The establishment of or change in the boundaries of a mutual sewer and water system or separate water system by a sewer district pursuant to RCW 56.20.015 or chapter 56.36 RCW, as now or hereafter amended; or

(5) The extension of permanent water or sewer service outside of its existing corporate boundaries by a city, town, or special purpose district: PROVIDED, That the extension of water service outside of a jurisdiction's boundaries but within the boundaries of a critical water supply service area established under chapter 70.116 RCW, as of the effective date of this 1985 act, is exempt from the filing requirements of this section and such extensions are exempt from review by the board.

Sec. 5. Section 10, chapter 189, Laws of 1967 as last amended by section 1, chapter 76, Laws of 1983 and RCW 36.93.100 are each amended to read as follows:

The board shall review and approve, disapprove, or modify any of the actions set forth in RCW 36.93.090 when any of the following shall occur within sixty days of the filing of a notice of intention:

(1) ((~~The chairman or any three members of the boundary review board files a request for review;~~

~~(2)~~)) Any governmental unit affected or the elected county executive or a majority of the legislative authority of the county in which the action occurs files a request for review;

((~~(3)~~)) (2) A petition requesting review is filed and is signed by:

(a) Five percent of the registered voters residing within the area which is being considered for the proposed action (as determined by the boundary review board in its discretion subject to immediate review by writ of certiorari to the superior court); or

(b) An owner or owners of property consisting of five percent of the assessed valuation within such area.

If a period of sixty days shall elapse without the board's jurisdiction having been invoked as set forth in this section, the proposed action shall be deemed approved.

If a review of a proposal is requested, the board shall make a finding as prescribed in RCW 36.93.150 within one hundred twenty days after the filing of such a request for review. If this period of one hundred twenty days shall elapse without the board making a finding as prescribed in RCW 36.93.150, the proposal shall be deemed approved unless the board and the person who submitted the proposal agree to an extension of the one hundred twenty day period.

Sec. 6. Section 11, chapter 189, Laws of 1967 as amended by section 42, chapter 195, Laws of 1973 1st ex. sess. and RCW 36.93.110 are each amended to read as follows:

In case of annexation to a city or a town, where the area proposed for annexation is less than ten acres and less than ((~~eight hundred thousand~~)) two million dollars in assessed valuation, the chairman of the review board may by written statement declare that review by the board is not necessary for the protection of the interest of the various parties, in which case the board shall not review such annexation.

Sec. 7. Section 12, chapter 189, Laws of 1967 as amended by section 6, chapter 111, Laws of 1969 ex. sess. and RCW 36.93.120 are each amended to read as follows:

A fee of ((~~twenty-five~~)) seventy-five dollars shall be paid by all initiators and in addition if the jurisdiction of the review board is invoked pursuant to RCW 36.93.100, the person or entity seeking review, except ((~~for~~)) the ((~~boundary review board itself~~)) county, shall pay to the county treasurer and place in the county current expense fund the sum of ((~~one~~)) three hundred dollars.

Sec. 8. 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: PROVIDED FURTHER, That such modifications shall not include the authority to require pre-annexation agreements;

(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.

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, other than that for a city or town 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: PROVIDED, That such addition or deletion shall not invalidate the application of RCW 36.93.180(10).

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 substantial 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. 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.

Sec. 9. Section 19, chapter 189, Laws of 1967 and RCW 36.93.190 are each amended to read as follows:

(1) Except as otherwise provided in subsection (2) of this section, for a period of ten years from the date of the final decision, no proceeding, approval, action, or decision on a proposal or an alternative shall be deemed to cancel any franchise or permit theretofore granted by the authorities governing the territory to be annexed, nor shall it be deemed to supersede the application as to any territory to be annexed, of such construction codes and ordinances (including but not limited to fire, electrical, and plumbing codes and ordinances) as shall have been adopted by the authorities governing the territory to be annexed and in force at the time of the decision.

(2) If any such franchise or permit expires during the ten-year period, the limitation contained in subsection (1) of this section does not apply after the expiration.