BILL REQ. #: H-0354.1

_____________________________________________

HOUSE BILL 2005
_____________________________________________

State of Washington

60th Legislature

2007 Regular Session

By Representatives Moeller, Wallace, Eddy and Fromhold

Read first time 02/05/2007. Referred to Committee on Local Government.

AN ACT Relating to petition method of annexation; amending RCW 35A.01.040 and 35.13.130; and repealing RCW 35.13.171, 35.13.172, 35.13.173, and 35.13.174.

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

Sec. 1   RCW 35A.01.040 and 2003 c 331 s 9 are each amended to read as follows:
     Wherever in this title petitions are required to be signed and filed, the following rules shall govern the sufficiency thereof:
     (1) A petition may include any page or group of pages containing an identical text or prayer intended by the circulators, signers or sponsors to be presented and considered as one petition and containing the following essential elements when applicable, except that the elements referred to in (d) and (e) of this subsection are essential for petitions referring or initiating legislative matters to the voters, but are directory as to other petitions:
     (a) The text or prayer of the petition which shall be a concise statement of the action or relief sought by petitioners and shall include a reference to the applicable state statute or city ordinance, if any;
     (b) If the petition initiates or refers an ordinance, a true copy thereof;
     (c) If the petition seeks the annexation, incorporation, withdrawal, or reduction of an area for any purpose, an accurate legal description of the area proposed for such action and if practical, a map of the area;
     (d) Numbered lines for signatures with space provided beside each signature for the name and address of the signer and the date of signing;
     (e) The warning statement prescribed in subsection (2) of this section.
     (2) Petitions shall be printed or typed on single sheets of white paper of good quality and each sheet of petition paper having a space thereon for signatures shall contain the text or prayer of the petition and the following warning:

WARNING

Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor.

     Each signature shall be executed in ink or indelible pencil and shall be followed by the name and address of the signer and the date of signing.
     (3) The term "signer" means any person who signs his or her own name to the petition.
     (4) To be sufficient a petition must contain valid signatures of qualified registered voters or property owners, as the case may be, in the number required by the applicable statute or ordinance. Within three working days after the filing of a petition that is not a petition seeking annexation under RCW 35A.14.120, the officer with whom the petition is filed shall transmit the petition to the county auditor for petitions signed by registered voters, or to the county assessor for petitions signed by property owners for determination of sufficiency. Within three working days after the filing of a petition for annexation, the officer with whom the petition is filed shall transmit the petition to the city clerk for determination of sufficiency. The officer or officers whose duty it is to determine the sufficiency of the petition shall proceed to make such a determination with reasonable promptness and shall file with the officer receiving the petition for filing a certificate stating the date upon which such determination was begun, which date shall be referred to as the terminal date. Additional pages of one or more signatures may be added to the petition by filing the same with the appropriate filing officer prior to such terminal date. Any signer of a filed petition may withdraw his or her signature by a written request for withdrawal filed with the receiving officer prior to such terminal date. Such written request shall so sufficiently describe the petition as to make identification of the person and the petition certain. The name of any person seeking to withdraw shall be signed exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date, the signature of any person seeking such withdrawal shall be deemed withdrawn.
     (5) Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved.
     (6) A variation on petitions between the signatures on the petition and that on the voter's permanent registration caused by the substitution of initials instead of the first or middle names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same.
     (7) Signatures, including the original, of any person who has signed a petition two or more times shall be stricken.
     (8) Signatures followed by a date of signing which is more than six months prior to the date of filing of the petition shall be stricken.
     (9) When petitions that do not seek annexation are required to be signed by the owners of property, the determination shall be made by the county assessor. When petitions seek annexation, the determination shall be made by the city clerk. Where validation of signatures to the petition is required, the following shall apply:
     (a) The signature of a record owner, as determined by the records of the county auditor, shall be sufficient without the signature of his or her spouse;
     (b) In the case of mortgaged property, the signature of the mortgagor shall be sufficient, without the signature of his or her spouse;
     (c) In the case of property purchased on contract, the signature of the contract purchaser, as shown by the records of the county auditor, shall be deemed sufficient, without the signature of his or her spouse;
     (d) Any officer of a corporation owning land within the area involved ((~~who is duly authorized to execute deeds or encumbrances on behalf of the corporation,~~)) may sign under oath on behalf of such corporation((~~, and shall attach to the petition a certified excerpt from the bylaws of such corporation showing such authority~~));
     (e) When property stands in the name of a deceased person or any person for whom a guardian has been appointed, the signature of the executor, administrator, or guardian, as the case may be, shall be equivalent to the signature of the owner of the property; and
     (f) When a parcel of property is owned by multiple owners, the signature of an owner designated by the multiple owners is sufficient.
     (10) The officer or officers responsible for determining the sufficiency of the petition shall do so in writing and transmit the written certificate to the officer with whom the petition was originally filed.

Sec. 2 RCW 35.13.130 and 1990 c 33 s 566 are each amended to read as follows:
A petition for annexation of an area contiguous to a city or town may be made in writing addressed to and filed with the legislative body of the municipality to which annexation is desired. Except where all the property sought to be annexed is property of a school district, and the school directors thereof file the petition for annexation as in RCW 28A.335.110 authorized, the petition must be signed by the owners of not less than ((~~seventy-five~~)) sixty percent in value according to the assessed valuation for general taxation of the property reflective of any taxation exempt status for which annexation is petitioned: PROVIDED, That in cities and towns with populations greater than one hundred sixty thousand located east of the Cascade mountains, the owner of tax exempt property may sign an annexation petition and have the tax exempt property annexed into the city or town, but the value of the tax exempt property shall not be used in calculating the sufficiency of the required property owner signatures unless only tax exempt property is proposed to be annexed into the city or town. The petition shall set forth a description of the property according to government legal subdivisions or legal plats which is in compliance with RCW 35.02.170, and shall be accompanied by a plat which outlines the boundaries of the property sought to be annexed. If the legislative body has required the assumption of all or of any portion of city or town indebtedness by the area annexed, and/or the adoption of a comprehensive plan for the area to be annexed, these facts, together with a quotation of the minute entry of such requirement or requirements shall be set forth in the petition: PROVIDED, That a petition for annexation of an area having at least eighty percent of its boundaries contiguous with a portion of the boundaries of the city, not including that portion of the boundary of the area proposed to be annexed that is coterminous with a portion of the boundary between two counties in this state, must be signed by only the owners of not less than fifty percent in value according to the assessed valuation for general taxation of the property for which the annexation is petitioned. Such petition shall set forth a description of the property according to government legal subdivisions or legal plats and shall be accompanied by a map which outlines the boundaries of the property sought to be annexed. If the legislative body has required the assumption of all or any portion of city indebtedness by the area annexed or the adoption of a proposed zoning regulation, these facts, together with a quotation of the minute entry of such requirement, shall also be set forth in the petition.

NEW SECTION.  Sec. 3   The following acts or parts of acts are each repealed:
     (1) RCW 35.13.171 (Review board -- Convening -- Composition) and 1995 c 399 s 35, 1985 c 6 s 2, 1973 1st ex.s. c 164 s 14, & 1965 c 7 s 35.13.171;
     (2) RCW 35.13.172 (When review procedure may be dispensed with) and 1981 c 260 s 6;
     (3) RCW 35.13.173 (Determination by review board -- Factors considered -- Filing of findings) and 1973 1st ex.s. c 164 s 16 & 1965 c 7 s 35.13.173; and
     (4) RCW 35.13.174 (Date for annexation election if review board's determination favorable) and 1997 c 429 s 38, 1973 1st ex.s. c 164 s 17, & 1965 c 7 s 35.13.174.

--- END ---