BILL REQ. #:  S-0859.1 

Read first time 02/01/2007.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to providing an alternative method for withdrawal from public hospital districts for smaller cities; and adding a new section to chapter 70.44 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 70.44 RCW to read as follows:
     (1) As an alternative procedure to RCW 70.44.400, territory within an incorporated city of less than twenty thousand in population may be withdrawn from a public hospital district in the following manner and upon the following conditions: The petition for withdrawal shall be in writing and shall designate the boundaries of the territory proposed to be withdrawn from the district and shall be signed by at least fifteen percent of the qualified voters residing within the territory so designated who are qualified voters on the date of filing such petition. The proposed area to be withdrawn must comprise all residents within an incorporated city.
     (2) The petition for withdrawal shall be filed with the county auditor of each county in which the district is located, and after the filing no person having signed the petition shall be allowed to withdraw the person's name therefrom. Within ten days after such filing, each county auditor shall examine and verify the signatures of signers residing in the respective county. The petition shall be transmitted to the auditor of the county in which all or the major geographic portion of the district is located, who shall certify to the sufficiency or insufficiency of the signatures. If the area proposed to be withdrawn is located in more than one county, the auditor of the county in which the largest geographic portion of the area proposed to be withdrawn is located shall be the lead auditor and shall immediately transfer a copy of the petitions to the auditor of each other county in which the area proposed to be withdrawn is located. Within ten days after the lead auditor received the petition, the auditors of these other counties shall certify to the lead auditor: (a) The number of voters of that county residing in the area proposed to be withdrawn who voted at the last municipal general election; and (b) the number of valid signatures on the petition of voters of that county residing in the area proposed to be withdrawn. The lead auditor shall certify the sufficiency of the petition after receiving this information. If such petition is found by such county auditor to contain sufficient signatures, the petition, together with a certificate of sufficiency attached thereto, shall be transmitted to the board of commissioners of the district.
     (3) Upon receipt by the board of commissioners of a petition and certificate of sufficiency of the auditor, or if the petition is signed by landowners and the board of commissioners is satisfied as to the sufficiency of the signatures, it shall, at a regular or special meeting, fix a date for a hearing on the petition and give notice that the petition has been filed, stating the time and place of the meeting of the board of commissioners at which the petition will be heard and setting forth the boundaries of the territory proposed to be withdrawn. The notice shall be published at least once a week for two successive weeks in a newspaper of general circulation therein, and if no such newspaper is printed in the county, then in some newspaper of general circulation in the county and district. Any additional notice of the hearing may be given as the board of commissioners may by resolution direct.
     (4) The petition for withdrawal shall be heard at the time and place specified in the notice or the hearing may be adjourned from time to time, not exceeding one month in all, and any person may appear at the hearing and make objections to the withdrawal of the territory or to the proposed boundary lines thereof. Upon final hearing on the petition for withdrawal, the board of commissioners shall make and by resolution either approve or deny the proposed withdrawal.
     (5) Within ten days after the final hearing the board of commissioners of the district shall transmit to the county legislative authority of each county in which the district is located the petition for withdrawal, together with a copy of the resolution of the board of commissioners of the district certified by the secretary of the district to be a true and correct copy of such findings and recommendations as the same appear on the records of the district.
     (6) If by resolution the board of commissioners approves a petition for withdrawal, then the county legislative authority shall by resolution declare that the territory be withdrawn from that district, and thereupon the territory shall be withdrawn and excluded from that district the same as if it had never been included in that district except for the lien of taxes as hereinafter set forth.
     (7) If the resolution of the district board of commissioners denies the petition for withdrawal, then the county legislative authority of each county in which the district is located shall by resolution cause a special election to be held not less than thirty days or more than sixty days from the date of the final hearing of any county legislative authority upon the petition for withdrawal, at which election the proposition expressed on the ballots shall be substantially as follows:

     "Shall the territory established and defined by the district board of commissioners at its meeting held on the. . . . . . (insert date of final hearing of district board of commissioners upon the petition for withdrawal) be withdrawn from district. . . . . . (naming it).

          Yes. . . . . . . . . . . . □
          No . . . . . . . . . . . . □"