FINAL BILL REPORT

SSB 5409

C 331 L 03

Synopsis as Enacted

Brief Description: Providing for direct petition annexations.

Sponsors: Senate Committee on Land Use & Planning (originally sponsored by Senators Mulliken, T. Sheldon, Roach, Fairley, Schmidt, Kline, Swecker, Reardon, Deccio, Doumit, McCaslin, Parlette, Esser, Rasmussen and Shin).

Senate Committee on Land Use & Planning

House Committee on Local Government

Background: Under the current law, a requirement of the direct petition method for the annexation of territory is that the petition be signed by owners of at least 75 percent in value, according to the assessed valuation for general taxation, of the property to be annexed. This requirement was found to be unconstitutional by the Washington State Supreme Court on March 14, 2002, in Grant County Fire Protection District No.5 v. City of Moses Lake. As a result, the court invalidated the direct petition method for annexation for code cities and for non-code cities on the grounds that the direct petition method violated the privilege and immunities clause of the Washington State Constitution. Specifically, the court held that "if the Legislature grants people the power to petition for annexation, it must do so on an equal basis to all other similarly situated parties." Thus, the petition method, as it exists under current law, was found unconstitutional in that it "grants owners of highly valued property a privilege not afforded to other similarly situated parties."

Prior to the court's decision, the majority of annexations in Washington State were conducted using the direct petition method. After the court's decision, the election method of annexation is still valid. The election method, however, does not provide a means for the annexation of uninhabited territories.

Summary: The direct petition method of annexation is reviewed in recognition of the recent Washington State Supreme Court decision. To annex contiguous inhabited territory, a petition must be signed by: (1) owners of a majority of the acreage in the area to be annexed, and (2) a majority of registered voters in the area to be annexed. To annex contiguous uninhabited territory, a petition must be signed by owners of a majority of the acreage in the area to be annexed.

If property is owned by multiple owners, the signature of an owner designated by the multiple owners is sufficient for the petition.

The direct petition method remains an alternative method and does not supersede any other method of annexation.

An official plat is not required to accompany a petition; a "drawing" of the boundaries of the area to be annexed is sufficient.

Votes on Final Passage:

Senate       47  0

House       95  1    (House amended)

Senate       48  0    (Senate concurred)

Effective: May 16, 2003