SENATE BILL REPORT

REHJR 4203

BYRepresentatives Cooper, Horn, Haugen, Ferguson, Phillips, Rayburn, Raiter, Wood, Wolfe, Nutley, Doty, Hine and Nelson

Amending the Constitution to alter the requirements for changing county boundaries.

House Committe on Local Government

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 15, 1990

Majority Report:  Do pass.

      Signed by Senators Thorsness, Vice Chairman; DeJarnatt, Sutherland.

Senate Staff:Eugene Green (786-7405)

                  February 16, 1990

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, FEBRUARY 15, 1990

BACKGROUND:

The Constitution prohibits the Legislature from enacting special legislation changing the boundaries of a county.  The Constitution prohibits the Legislature from enacting special legislation locating a county seat.

The Constitution recognized the counties that existed in the state as of statehood.  The Constitution prohibits territory from being stricken from a county unless a majority of the voters living in such territory petition for such action, and then only under such other conditions as may be prescribed by a general law applicable to the whole state.

The Constitution requires that a new county must have a population of at least 2,000, and that no county can have its population reduced below 4,000 as the result of the creation of a new county.

Statutes provide a legal description for each of the 39 counties in the state.  No enabling legislation has been enacted prescribing general conditions for creating a new county.  However, since statehood, five new counties have been created, resulting in a total of 39 counties.  The Legislature created each of these five counties by legislation relating exclusively to the new county and which described the boundaries of the new county.

SUMMARY:

A new county cannot be created that has a population of less than 10,000.  The removal of territory from a county, as a result of an annexation or the creation of a new county, may not reduce the population of a county to less than 10,000.

The Legislature is permitted to describe the boundaries of counties in special legislation.  All portions of the state must be included in a county.

Procedures are specified for the creation of a new county, annexation of territory by a county, and consolidation of counties.  The Legislature is permitted to establish by general law further requirements for these actions.

The Legislature is required to enact general laws establishing procedures for voters to choose a county seat if counties are consolidated, or if the territory remaining in a county after an annexation or the creation of a new county does not include the old county seat of the county.

A new county is established when:

(1) The action is initiated by petition of a majority of the voters residing in the proposed new county, but when the new county would take territory out of more than one county, the action must be initiated by petition of a majority of the voters residing in each portion of the proposed new county that is located within each county;

(2) The petition forms are certified by voting precinct;

(3) The Legislature enacts a special law creating the new county, which may include boundaries different than those proposed by the petition; and

(4) A ballot proposition authorizing the new county is approved by voters residing in the proposed county.

Territory can be annexed by one county from another county when:

(1) The action is initiated by resolution of the county legislative authority of the annexing county or by petition of 25 percent of the voters residing in the area;

(2) The legislative authority of the county from which territory is being removed adopts a resolution authorizing the annexation;

(3) The Legislature enacts a special law providing for the annexation; and

(4) A ballot proposition authorizing the annexation is approved by the voters residing in the area.

Two or more counties can be consolidated when:

(1) The action is initiated in each of the counties by either resolution of the county legislative authority or by petition of 25 percent of the voters residing in the county;

(2) The Legislature enacts a special law providing for the consolidation; and

(3) A ballot proposition authorizing the consolidation is approved by the voters of each county.

Fiscal Note:      none requested.

Effective Date:If approved by the voters, at the next general election.

Senate Committee - Testified: No one