5256-S AMH LG LUND 8

SSB 5256 - H COMM AMD

By Committee on Local Government

     On page 1, after the enacting clause strike the remainder of the bill and insert:

     "Sec. 1.  RCW 35.13.350 and 1989 c 351 s 8 are each amended to read as follows:

     A city ((or)), town ((can)), county, or special district may provide factual ((public)) information to the public on the effects of a pending annexation proposed for the city or town.

NEW SECTION. Sec. 2.  A new section is added to chapter 35.13 RCW to read as follows:

     A city, town, county, or special district may not use its public facilities to promote or oppose a proposed or pending annexation to a city or town under the direct property owner petition method of annexation provided under RCW 35.13.125 through 35.13.160.  However, this restriction does not apply to the following:

     (1) Members of a governing body may take action at an open public meeting to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to promote or oppose a proposed or pending annexation so long as members of the governing body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view.

     (2) A public official may make statements promoting or opposing a proposed or pending annexation at an open press conference or in response to a specific inquiry.

     (3) Public officials and employees may engage in activities that are part of the normal and regular conduct of their positions or employment.

     (4) A local government may generate and provide factual information to the public on the effects of a proposed or pending annexation.

     (5) The facilities of a local government may be used to conduct forums on a proposed or pending annexation where proponents and opponents express their opinions and distribute materials related to the proposed or pending annexation.

     (6) Employees and public facilities may be used to prepare speeches for public officials promoting or opposing a proposed or pending annexation.

     (7) City or town employees or officials may solicit signatures on annexation petitions outside of their normal working hours for the city or town if compensation, privileges, or other consideration is not provided for such activities and city or town facilities and resources, including the use of city or town vehicles or reimbursement for use of private vehicles, is not used or provided for such activities.

NEW SECTION. Sec. 3.  A new section is added to chapter 35.13 RCW to read as follows:

     A city or town may not grant reduced utility or other charges to individual property owners as a condition of signing an annexation petition, granting a power of attorney to sign an annexation petition, or otherwise agreeing to a proposed or pending annexation.

     Sec. 4.  RCW 35A.14.550 and 1989 c 351 s 9 are each amended to read as follows:

     A ((code)) city ((can)), town, county, or special district may provide factual ((public)) information to the public on the effects of pending annexation proposed for the code city.

NEW SECTION. Sec. 5.  A new section is added to chapter 35A.14 RCW to read as follows:

     A city, town, county, or special district may not use its public facilities to promote or oppose a proposed or pending annexation to a code city under the direct property owner petition method of annexation provided under RCW 35A.14.120 through 35A.14.150.  However, this restriction does not apply to the following:

     (1) Members of a governing body may take action at an open public meeting to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to promote or oppose a proposed or pending annexation so long as members of the governing body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view.

     (2) A public official may make statements promoting or opposing a proposed or pending annexation at an open press conference or in response to a specific inquiry.

     (3) Public officials and employees may engage in activities that are part of their normal and regular conduct of their positions or employment.

     (4) A local government may generate and provide factual information to the public on the effects of a proposed or pending annexation.

     (5) The facilities of a local government may be used to conduct forums on a proposed or pending annexation where proponents and opponents express their opinions and distribute materials related to the proposed or pending annexation.

     (6) Employees and public facilities may be used to prepare speeches for public officials promoting or opposing a proposed or pending annexation.

     (7) Code city employees or officials may solicit signatures on annexation petitions outside of their normal working hours for the city if compensation, privileges, or other consideration is not provided for such activities and city facilities and resources, including the use of city vehicles or reimbursement for use of private vehicles, is not used or provided for such activities.

NEW SECTION. Sec. 6.  A new section is added to chapter 35A.14 RCW to read as follows:

     A code city may not grant reduced utility or other charges to individual property owners as a condition of signing an annexation petition, granting a power of attorney to sign an annexation petition, or otherwise agreeing to a proposed or pending annexation."

EFFECT:  In general restricts all local governments from engaging in certain actions with regard to annexations to cities and towns, but describes certain related actions that are permitted.  Precludes the reduction of utility charges as a condition of signing an annexation petition.