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ENGROSSED SENATE BILL NO. 6189
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C 273 L 90
State of Washington 51st Legislature 1990 Regular Session
By Senator McCaslin
Prefiled with Secretary of the Senate 1/2/90. Read first time 1/8/90 and referred to Committee on Governmental Operations.
AN ACT Relating to boundary review boards; amending RCW 36.93.150; adding a new section to chapter 36.93 RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 15, chapter 189, Laws of 1967 as last amended by section 7, chapter 477, Laws of 1987 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 interfere with the authority of a city, town, or special purpose district to require or not require preannexation agreements, covenants, or petitions: AND PROVIDED FURTHER, That a board shall not modify the proposed incorporation of a city with an estimated population of seven thousand five hundred or more by removing territory from the proposal, or adding territory to the proposal, that constitutes ten percent or more of the total area included within the proposal before the board, but shall not reduce the territory in such a manner as to reduce the population below seven thousand five hundred;
(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:
(a) 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)); (b) over the division of assets and
liabilities of a special purpose district that is dissolved or disincorporated
pursuant to chapter 36.96 RCW; nor (c) to disapprove the incorporation of a
city with an estimated population of seven thousand five hundred or more, but
the board may recommend against the proposed incorporation of a city with such
an estimated population.
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, town, or special purpose district 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. 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 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.
NEW SECTION. Sec. 2. A new section is added to chapter 36.93 RCW to read as follows:
The action of a boundary review board to disapprove the proposed incorporation of a city with a population of seven thousand five hundred or more, that had the notice of proposed action under RCW 36.93.090 filed with the boundary review board after July 1, 1989, shall be deemed to be a recommendation against the proposed incorporation, and a ballot proposition to authorize the incorporation shall be submitted to voters at the next November general election date specified under RCW 29.13.020 occurring after the effective date of this section.
NEW SECTION. Sec. 3. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.