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AN ACT Relating to city and town incorporations and annexations; and amending RCW 35.13.175, 35A.14.230, and 36.93.150.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 35.13.175 and 1973 1st ex.s. c 164 s 18 are each amended to read as follows:

After the filing of any petition or resolution for annexation or for an annexation election with the ((~~board of county commissioners~~)) county legislative authority, or city or town ((~~council~~)) governing body, and pending its final disposition as provided for in this chapter, no other petition or resolution for annexation ((~~or petition for incorporation~~)) which embraces any of the territory included ((~~therein~~)) in the proposed annexation shall be acted upon by the county auditor or the ((~~board of county commissioners~~)) county legislative authority, or by any city or town clerk, city or town ((~~council~~)) governing body, or by any other public official or body that might otherwise be empowered to receive or act upon such a petition or resolution.

After the filing of any petition or resolution for annexation or for an annexation election with the county legislative authority, or city or town governing body, and pending its final disposition as provided for in this chapter, no petition proposing the incorporation of a city or town that embraces any territory included in the proposed annexation may be acted upon by the county auditor or any other public official or body that might otherwise be empowered to receive or act upon such an incorporation petition. However, at its sole discretion, a boundary review board may choose to consider simultaneously the proposed incorporation of a city with a population of twenty-five thousand or more and any proposed annexations by one or more cities or towns of all or portions of the area proposed to be incorporated.

Sec. 2. RCW 35A.14.230 and 1967 ex.s. c 119 s 35A.14.230 are each amended to read as follows:

After the filing of any petition or resolution for annexation or for an annexation election with the ((~~board of county commissioners~~)) county legislative authority, the boundary review board or the county annexation review board for the county or the legislative body of a code city and pending its final disposition as provided in this chapter, no other petition or resolution((~~, or petition for incorporation,~~)) for annexation which embraces any of the territory included ((~~therein~~)) in the proposed annexation shall be acted upon by any public official or body that might otherwise be empowered to receive or act upon such a petition or resolution.

After the filing of any petition or resolution for annexation or for an annexation election with the county legislative authority, the boundary review board or county annexation review board for the county, or code city legislative body, and pending its final disposition as provided for in this chapter, no petition proposing the incorporation of a city or town that embraces any territory included in the proposed annexation may be acted upon by the county auditor or any other public official or body that might otherwise be empowered to receive or act upon such an incorporation petition. However, at its sole discretion, a boundary review board may choose to consider simultaneously the proposed incorporation of a code city with a population of twenty-five thousand or more and any proposed annexations by one or more code cities of all or portions of the area proposed to be incorporated.

Sec. 3. RCW 36.93.150 and 1990 c 273 s 1 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~~)) Approve the proposal as submitted((;)).

(2) Subject to RCW 35.02.170, ((~~modification of~~)) modify the proposal by adjusting boundaries to add or delete territory((~~: PROVIDED, That~~)). However, any proposal for annexation ((~~by the board~~)) of territory to a town shall be subject to RCW 35.21.010 and the board shall not add additional territory, the amount of which is greater than that included in the original proposal((~~: PROVIDED FURTHER, That such~~)). Any 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 from seven thousand five hundred ((~~or more~~)) to less than twenty-five thousand 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~~)). A board shall not modify the proposed incorporation of a city with a population of seven thousand five hundred or more to reduce the territory in such a manner as to reduce the population below seven thousand five hundred((;)).

(3) ((~~Determination of~~)) Determine a division of assets and liabilities between two or more governmental units where relevant((;)).

(4) ((~~Determination~~)) Determine 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~~)) Disapprove 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; (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~~)) disapproves 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.