SENATE BILL REPORT

SJR 8203

BYSenators Halsan, Conner, Garrett, Zimmerman, Newhouse and DeJarnatt

Modifying constitutional provisions for alteration of county boundaries.

Senate Committee on Governmental Operations

Senate Hearing Date(s):January 20, 1987; January 22, 1987; February 3, 1988

Majority Report:  That Second Substitute Senate Joint Resolution No. 8203 be substituted therefor, and the second substitute resolution do pass.

      Signed by Senators McCaslin, Chairman; Zimmerman, Vice Chairman; DeJarnatt, Halsan, Metcalf.

Senate Staff:Eugene Green (786-7405); Sam Thompson (786-7754)

                  February 3, 1988

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, FEBRUARY 3, 1988

BACKGROUND:

The process by which a new county is created or by which territory may be stricken from a county is extremely vague.

Article XI, section 3 of the state's constitution prohibits striking territory from any county unless a majority of the voters living in that territory petition for such an action and then only under conditions applicable to the entire state under general law.

A new county may not be established with a population of less than 2,000 and its formation may not reduce the population of another county to less than 4,000.

Article II, section 28(18) prohibits the Legislature from enacting special laws changing county lines or locating or changing county seats.  This prohibition does not apply to creation of new counties.

SUMMARY:

Article XI, section 3 of the state's constitution is amended.  No new counties shall be established, or annexation occur, which reduces a county to a population less than the smaller of:  (a) 21,000; or (b) 75 percent of its former population but not less than 10,000, except by the consolidation of two or more counties.

County boundaries shall be described in special laws enacted by the Legislature.  All portions of the state shall be in a county.  Boundaries shall be altered as follows:

(1) A new county shall be established when:  (a) the action is initiated by petition of a majority of voters residing in the proposed county, but when the proposed new county would take territory out of more than one county the action must be initiated by petition of a majority of voters residing in each portion of the proposed county that is located within each county; (b) the petition forms are certified by voting precinct; (c) the Legislature enacts a special law creating the new county; and (d) a ballot proposition authorizing the creation of the new county is approved by voters residing in the proposed county.

(2) An existing county may annex territory from another county when:  (a) the action is initiated by either a resolution of the legislative authority of the annexing county or a petition of a majority of the voters residing in the area proposed to be annexed; (b) the legislative authority of the county from which the area would be removed adopts a resolution authorizing the annexation; (c) the Legislature provides for the annexation by special law; and (d) a ballot proposition authorizing the annexation is approved by the voters residing in that area. 

(3) Two or more counties may consolidate when:  (a) the action is initiated, in each of the counties to be consolidated, by a resolution of the legislative authority or a petition by a majority of the voters residing in the county; (b) the Legislature provides for the consolidation by special law; and (c) a ballot proposition authorizing the consolidation is approved by the voters of each of the counties.

The Legislature shall provide for the location of a county seat whenever two or more counties consolidate and shall provide for the location of a county seat in that portion of a county remaining after an annexation or creation of a new county, if the old county seat is located in the territory removed from the county.

The Legislature may implement this section of the Constitution and may establish additional requirements or conditions for altering boundaries by enacting general laws.

EFFECT OF PROPOSED SECOND SUBSTITUTE:

In the consolidation of two or more counties or the annexation of territory, the petition requirement is lowered from a majority of the voters in the affected area to 25 percent of the voters in the affected area.

Rather than the Legislature providing for the location of the county seat, the Legislature shall pass a general law allowing the voters to select a county seat at the same time they vote on the proposition creating a new county.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Effective Date:The measure takes effect if ratified by the voters.

Senate Committee - Testified: Gary Lowe, Washington State Association of Counties (for); Bernie Ryan, King County Assessor's Office (for)