2176-S AMS HAUG S5837.1

SHB 2176 - S AMD TO GO COMM AMD (S5638.1) - 000361

By Senators Haugen and Winsley

                                                    ADOPTED 3/3/94

    On page 9, beginning on line 37 of the amendment, strike all of sections 16 and 17 and insert the following:

    "Sec. 16.  RCW 36.93.160 and 1988 c 202 s 40 are each amended to read as follows:

    (1) When the jurisdiction of the boundary review board has been invoked, the board shall set the date, time and place for a public hearing on the proposal.  The board shall give at least thirty days' advance written notice of the date, time and place of the hearing to the governing body of each governmental unit having jurisdiction within the boundaries of the territory proposed to be annexed, formed, incorporated, disincorporated, dissolved or consolidated, or within the boundaries of a special district whose assets and facilities are proposed to be assumed by a city or town, and to the governing body of each city within three miles of the exterior boundaries of ((such)) the area and to the proponent of ((such)) the change.  Notice shall also be given by publication in any newspaper of general circulation in the area of the proposed boundary change at least three times, the last publication of which shall be not less than five days prior to the date set for the public hearing.  Notice shall also be posted in ten public places in the area affected for five days when the area is ten acres or more.  When the area affected is less than ten acres, five notices shall be posted in five public places for five days.  Notice as provided in this subsection shall include any territory which the board has determined to consider adding in accordance with RCW 36.93.150(2).

    (2) A verbatim record shall be made of all testimony presented at the hearing and upon request and payment of the reasonable costs thereof, a copy of the transcript of ((such)) the testimony shall be provided to any person or governmental unit.

    (3) The chairman upon majority vote of the board or a panel may direct the chief clerk of the boundary review board to issue subpoenas to any public officer to testify, and to compel the production by him of any records, books, documents, public records or public papers.

    (4) Within forty days after the conclusion of the final hearing on the proposal, the board shall file its written decision, setting forth the reasons therefor, with the board of county commissioners and the clerk of each governmental unit directly affected.  The written decision shall indicate whether the proposed change is approved, rejected or modified and, if modified, the terms of ((such)) the modification.  The written decision need not include specific data on every factor required to be considered by the board, but shall indicate that all standards were given consideration.  Dissenting members of the board shall have the right to have their written dissents included as part of the decision.

    (5) Unanimous decisions of the hearing panel or a decision of a majority of the members of the board shall constitute the decision of the board and shall not be appealable to the whole board.  Any other decision shall be appealable to the entire board within ten days.  Appeals shall be on the record, which shall be furnished by the appellant, but the board may, in its sole discretion, permit the introduction of additional evidence and argument.  Decisions shall be final and conclusive unless within ((ten)) thirty days from the date of ((said)) the action a governmental unit affected by the decision or any person owning real property or residing in the area affected by the decision files in the superior court a notice of appeal.

    The filing of ((such)) the notice of appeal within ((such)) the time limit shall stay the effective date of the decision of the board until such time as the appeal shall have been adjudicated or withdrawn.  On appeal the superior court shall not take any evidence other than that contained in the record of the hearing before the board.

    (6) The superior court may affirm the decision of the board or remand the case for further proceedings; or it may reverse the decision if any substantial rights may have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

    (a) In violation of constitutional provisions, or

    (b) In excess of the statutory authority or jurisdiction of the board, or

    (c) Made upon unlawful procedure, or

    (d) Affected by other error of law, or

    (e) Unsupported by material and substantial evidence in view of the entire record as submitted, or

    (f) ((Arbitrary or capricious)) Clearly erroneous.

An aggrieved party may seek appellate review of any final judgment of the superior court in the manner provided by law as in other civil cases."

    Renumber the remaining sections consecutively and correct any internal references accordingly.

SHB 2176 - S AMD TO GO COMM AMD (S5638.1) - 000361

By Senators Haugen and Winsley

                                                    ADOPTED 3/3/94

    On page 14, line 34 of the title amendment, after "36.93.160," strike "36.70A.280,"

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