H-1033.1  _______________________________________________

                          HOUSE BILL 1507

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Campbell and Bush

Read first time 01/27/1999.  Referred to Committee on Local Government.

Prohibiting acting on an annexation petition regarding territory subject to an incorporation petition.

    AN ACT Relating to petitions for incorporation; amending RCW 35.02.150; and repealing RCW 35.02.155.

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

    Sec. 1.  RCW 35.02.150 and 1986 c 234 s 23 are each amended to read as follows:

(1) After the filing of any petition for incorporation with the county auditor, and pending its final disposition as provided for in this chapter, no other petition for incorporation which embraces any of the territory included therein shall be acted upon by the county auditor, the county legislative authority, or the boundary review board, or by any other public official or body that might otherwise be empowered to receive or act upon such a petition:  PROVIDED, That any petition for incorporation may be withdrawn by a majority of the signers thereof at any time before such petition has been certified by the county auditor to the county legislative authority:  PROVIDED FURTHER, That a new petition may be substituted therefor that embraces other or different boundaries, incorporation as a city or town operating under a different title of law, or for incorporation as a city or town operating under a different plan or form of government, by a majority of the signers of the original incorporation petition, at any time before the original petition has been certified by the county auditor to the county legislative authority, in which case the same proceedings shall be taken as in the case of an original petition.

(2) A boundary review board, county auditor, county legislative authority, or any other public official or body may not act upon a petition for annexation before considering or acting upon a petition for incorporation which embraces some or all of the same territory, without regard to priority of filing.

NEW SECTION. Sec. 2.  RCW 35.02.155 and 1994 c 216 s 5 are each repealed.

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