HOUSE BILL REPORT

ESB 6189

BYSenator McCaslin

Eliminating boundary review boards.

House Committe on Local Government

Majority Report:  Do pass.  (12)

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

Minority Report:  Do not pass.  (2)

      Signed by Representatives Nelson and Raiter.

House Staff:Steve Lundin (786-7127)

AS PASSED HOUSE FEBRUARY 28, 1990

BACKGROUND:

State law creates a boundary review board in every class AA (King) and A (Pierce, Spokane, and Snohomish) county, and permits a boundary review board to be created in all other counties.  In these counties, boundary review boards may be created by either resolution of the county legislative authority or by a petition method (no boundary review boards have been formed by the petition method).  A boundary review board has been created by resolution of the county legislative authority in each of the following counties:  Benton, Chelan, Clark, Cowlitz, Douglas, Franklin, Grant, Kitsap, Pacific, Skagit, Skamania, Thurston, Walla, Whatcom and Yakima.

Boundary review boards may review and approve, reject, or modify and approve the creation, dissolution, annexation, or consolidation of governmental units, defined to be cities, towns, and special purpose districts (sewer, water, fire protection, drainage and diking improvement, flood control zone, irrigation, metropolitan park, drainage, or public utility district engaged in water distribution).  Such actions, that are subject to potential review, include the incorporation of a city or town.

The jurisdiction of a boundary review board must be invoked before it can review any proposed action.  Jurisdiction can be invoked by: (1) requests of an effected city, town, or special district; (2) the county; (3) petition by resident votes or property owners; and (4) under certain very limited situations by action of the board itself.

The factors to be considered by a boundary review board and the objectives of a boundary review board are stated in statute.

SUMMARY:

Boundary review boards cannot disapprove the incorporation of a city with an estimated population of 7,500 or more, but the board may recommend against the incorporation.

If a proposed incorporation is of a city with a population of 7,500 or more, the board may not add or reduce territory that constitutes more than 10 percent of the total area.

Incorporation notices filed with a board after July 1, 1989 shall be considered under these new provisions.

The bill contains an emergency clause and takes effect immediately.

Fiscal Note:      Not Requested.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    Jack Davis, King County Conservation District; and Mike Ryherd, Darlene Kordonoy, and Charles Schmid, Home Rule for Bainbridge.

House Committee - Testified Against:      Charlotte Garrido, Association of Boundary Review Boards; Douglas Fortner, Kitsap County Prosecuting Attorney's Office; Tom Burkholder, Clark County Boundary Review Board; Norm Estling, Thurston County Boundary Review Board; and Everett Fourre, Thurston County Boundary Review Board.

House Committee - Testimony For:    The Kitsap County Boundary Review Board just denied the proposed incorporation of most of Bainbridge Island as a city.  The people should be allowed to vote.  The Governor vetoed legislation that removed the authority of boundary review boards to deny any proposed city incorporation.  This bill is limited to proposed cities over 7,500 population.

House Committee - Testimony Against:      This runs counter to policies contained in the growth strategies legislation.  Boundary review boards hear all sides.  Do a study of boundary review boards in lieu of this legislation.  The retroactive part of the bill is not right.