HOUSE BILL REPORT

SHB 1251

As Amended by the Senate

BYHouse Committee on Local Government (originally sponsored by Representatives Nutley, Zellinsky, Ferguson, Haugen, Cooper, Phillips, Raiter and Rayburn)

Changing provisions relating to municipal annexations.

House Committe on Local Government

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (13)

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Ferguson, Ranking Republican Member; Horn, Nealey, Nelson, Nutley, Phillips, Raiter, Rayburn, Wolfe, Wood and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS OF HOUSE SECOND READING FEBRUARY 27, 1989

BACKGROUND:

The Local Governance Study Commission was established in 1986 to study local government in the state and make recommendations to the Legislature for changes in laws that were felt to be necessary.  This commission had twenty-one members, and three ex- officio, nonvoting members.  The twenty-one members included four Senators, four Representatives, four city-elected officials, four county-elected officials, and five persons representing special districts.  The ex-officio, nonvoting, members were the director of the Department of Community Affairs, who chaired the meetings, and the executive directors of the Association of Washington Cities and the Washington State Association of Counties.

This legislation is one of the supplementary recommendations of this commission.

Cities and towns are authorized to annex territory through a variety of procedures, including:

(1)  A resolution/election method by which a ballot proposition authorizing an annexation is submitted to the voters residing in the area proposed to be annexed upon adoption of a resolution proposing the annexation by the city or town council;

(2)  A petition/election method by which a ballot proposition authorizing an annexation is submitted to the voters residing in the area proposed to be annexed upon the submission of a petition requesting the annexation that has been signed by voters residing in the area and acceptance of the annexation by the city or town council;

(3)  A direct petition method by which owners of the property equal to at least 75 percent in value according to the assessed valuation for general taxation purposes, in the area proposed to be annexed, sign a petition proposing the annexation and the city or town council approves the annexation.

SUMMARY:

The regular city and town petition/election annexation procedure is made similar to the code city petition/election annexation procedure, by altering the petition signature requirement from a number equal to 20 percent of the votes cast in the area at the last election to 10 percent of the votes cast in the area at the last general state election.

The petition/election procedures by which any city or town may annex territory are altered to: (1) provide that the county auditor certifies the signatures; (2) permit the annexation of contiguous territory that is located in more than a single county; (3) permit the city or town to designate the election at which the ballot proposition is submitted to the voters of the territory for their approval or rejection; (4) eliminate the requirement that the prosecuting attorney review the petition and render an opinion on whether the city or town can carry out the provisions of the petition; and (5) permit code cities to submit a single ballot proposition to voters that both authorizes the annexation and assumption of a portion of the city's indebtedness.

The direct property owner petition procedures by which any city or town may annex territory are altered to: (1) reduce the signature requirement from the owners of property constituting at least 75 percent of the assessed valuation in the area proposed to be annexed, to at least 60 percent of the assessed valuation; (2) reduce the signature requirement, when the boundaries of the area proposed to be annexed are 80 percent or more contiguous with a portion of the city's or town's boundaries, from the owners of property constituting at least 75 percent of the assessed valuation in the area proposed to be annexed to at least 50 percent of the assessed valuation; and (3) permit the city or town to reject or modify the proposed annexation.  The boundary portion of an area that is proposed to be annexed is not included in establishing this 80 percent threshold if that boundary portion is coterminous with a portion of the boundary between two counties in this state.

The signature requirement is lower from the owners of property constituting at least 75 percent of the assessed valuation in the area proposed to be annexed, to at least 60 percent of the assessed valuation, under the process by which property owners may terminate an annexation of an area by a city with a population of 400,000 or more that is proceeding under an annexation process involving an election of area voters.

Cities and towns are permitted to provide factual information on the effects of a pending annexation.

EFFECT OF SENATE AMENDMENTS:  (1) The number of signatures by registered voters residing within an area proposed to be annexed to a non-code city or town, that is necessary to initiate an annexation under the petition/election method of annexation, is doubled from a number of such voters equal to at least 10 percent of the number of votes cast in such area at the last state general election, to 20 percent of such a number.

(2) The section of law reducing the signature requirement to authorize an annexation to a non-code city or town, under the direct property owner petition method of annexation, is deleted, thus retaining the existing signature requirement for direct property owner petition annexations to non-code cities and towns.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Richard T. Kennedy and Greg Prothman, City of Des Moines; Kent Swisher, Association of Washington Cities; and Joe Tovar, Washington City Planning Directors Association.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    This is part of the Local Governance Study Commission secondary proposals.  We have the most restrictive annexing requirements in the nation.  A city should be able to provide factual information about an annexation.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 72; Nays 26

Voting Nay: Representatives Ballard, Beck, Bristow, Chandler, Cole, Dorn, Fuhrman, Grant, Hargrove, Jesernig, Kremen, McLean, R. Meyers, Padden, Patrick, Rasmussen, Rust, Silver, Smith, Sprenkle, Tate, Van Luven, Walk, K. Wilson, S. Wilson and Wolfe