SB 5505 -
By Senators Hill, Chase
ADOPTED 02/25/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 35.13.260 and 1979 c 151 s 25 are each amended to
read as follows:
(1) Whenever any territory is annexed to a city or town, a
certificate as hereinafter provided shall be submitted in triplicate to
the office of financial management, hereinafter in this section
referred to as "the office", within thirty days of the effective date
of annexation specified in the relevant ordinance. After approval of
the certificate, the office shall retain the original copy in its
files, and transmit the second copy to the department of transportation
and return the third copy to the city or town. Such certificates shall
be in such form and contain such information as shall be prescribed by
the office. A copy of the complete ordinance containing a legal
description and a map showing specifically the boundaries of the
annexed territory shall be attached to each of the three copies of the
certificate. The certificate shall be signed by the mayor and attested
by the city clerk. Upon request, the office shall furnish
certification forms to any city or town.
(2)(a) The resident population of the annexed territory shall be
determined by, or under the direction of, the mayor of the city or
town. ((Such population determination shall consist of an actual
enumeration of the population which shall be made in accordance with
practices and policies, and subject to the approval of, the office.))
(b) If the annexing city or town has a population of ten thousand
or less, the annexed territory consists entirely of one or more partial
federal census blocks, or 2010 federal decennial census data has not
been released within twelve months immediately prior to the date of
annexation, the population determination shall consist of an actual
enumeration of the population.
(c) In any circumstance, the city or town may choose to have the
population determination of the entire annexed territory consist of an
actual enumeration. However, if the city or town does not use actual
enumeration for determining population, the annexed territory includes
or consists of one or more complete federal census blocks, and 2010
federal decennial census data has been released within twelve months
immediately prior to the date of annexation, the population
determination shall consist of:
(i) Relevant 2010 federal decennial census data pertaining to the
complete block or blocks, as such data has been updated by the most
recent official population estimate released by the office pursuant to
RCW 43.62.030;
(ii) An actual enumeration of any population located within the
annexed territory but outside the complete federal census block or
blocks; and
(iii) If the office, at least two weeks prior to the date of
annexation, confirms the existence of a known census error within a
complete federal census block and identifies a structure or complex
listed in (c)(iii)(A) through (E) of this subsection (2) as a likely
source of the error, an actual enumeration of one or more of the
block's identified:
(A) Group quarters;
(B) Mobile home parks;
(C) Apartment buildings that are composed of at least fifty units
and are certified for occupancy between January 1, 2010, and April 1,
2011;
(D) Missing subdivisions; and
(E) Closures of any of the categories in (c)(iii)(A) through (D) of
this subsection.
(d) Whenever an actual enumeration is used, it shall be made in
accordance with the practices and policies of, and subject to the
approval of, the office.
(e) The city or town shall be responsible for the full cost of the
population determination.
(3) The population shall be determined as of the effective date of
annexation as specified in the relevant ordinance.
Until an annexation certificate is filed and approved as provided
herein, such annexed territory shall not be considered by the office in
determining the population of such city or town.
Upon approval of the annexation certificate, the office shall
forward to each state official or department responsible for making
allocations or payments to cities or towns, a revised certificate
reflecting the increase in population due to such annexation. Upon and
after the date of the commencement of the next quarterly period, the
population determination indicated in such revised certificate shall be
used as the basis for the allocation and payment of state funds to such
city or town.
For the purposes of this section, each quarterly period shall
commence on the first day of the months of January, April, July, and
October. Whenever a revised certificate is forwarded by the office
thirty days or less prior to the commencement of the next quarterly
period, the population of the annexed territory shall not be considered
until the commencement of the following quarterly period.
Sec. 2 RCW 35A.14.700 and 1979 ex.s. c 18 s 28 are each amended
to read as follows:
(1) Whenever any territory is annexed to a code city, a certificate
as hereinafter provided shall be submitted in triplicate to the office
of financial management within thirty days of the effective date of
annexation specified in the relevant ordinance. After approval of the
certificate, the office of financial management shall retain the
original copy in its files, and transmit the second copy to the
department of transportation and return the third copy to the code
city. Such certificates shall be in such form and contain such
information as shall be prescribed by the office of financial
management. A copy of the complete ordinance containing a legal
description and a map showing specifically the boundaries of the
annexed territory shall be attached to each of the three copies of the
certificate. The certificate shall be signed by the mayor and attested
by the city clerk. Upon request, the office of financial management
shall furnish certification forms to any code city.
(2)(a) The resident population of the annexed territory shall be
determined by, or under the direction of, the mayor of the code city.
(b) If the annexing code city has a population of ten thousand or
less, the annexed territory consists entirely of one or more partial
federal census blocks, or 2010 federal decennial census data has not
been released within twelve months immediately prior to the date of
annexation, the population determination shall consist of an actual
enumeration of the population.
(c) In any circumstance, the code city may choose to have the
population determination of the entire annexed territory consist of an
actual enumeration. However, if the code city does not use actual
enumeration for determining population, the annexed territory includes
or consists of one or more complete federal census blocks, and 2010
federal decennial census data has been released within twelve months
immediately prior to the date of annexation, the population
determination shall consist of:
(i) Relevant 2010 federal decennial census data pertaining to the
complete block or blocks, as such data has been updated by the most
recent official population estimate released by the office of financial
management pursuant to RCW 43.62.030;
(ii) An actual enumeration of any population located within the
annexed territory but outside the complete federal census block or
blocks; and
(iii) If the office of financial management, at least two weeks
prior to the date of annexation, confirms the existence of a known
census error within a complete federal census block and identifies a
structure or complex listed in (c)(iii)(A) through (E) of this
subsection (2) as a likely source of the error, an actual enumeration
of one or more of the block's identified:
(A) Group quarters;
(B) Mobile home parks;
(C) Apartment buildings that are composed of at least fifty units
and are certified for occupancy between January 1, 2010, and April 1,
2011;
(D) Missing subdivisions; and
(E) Closures of any of the categories in (c)(iii)(A) through (D) of
this subsection.
(d) Whenever an actual enumeration is used, it shall be made in
accordance with the practices and policies of, and subject to the
approval of, the office of financial management.
(e) The code city shall be responsible for the full cost of the
population determination.
(3) Upon approval of the annexation certificate, the office of
financial management shall forward to each state official or department
responsible for making allocations or payments to cities or towns, a
revised certificate reflecting the increase in population due to such
annexation. Upon and after the date of the commencement of the next
quarterly period, the population determination indicated in such
revised certificate shall be used as the basis for the allocation and
payment of state funds to such city or town.
For the purposes of this section, each quarterly period shall
commence on the first day of the months of January, April, July, and
October. Whenever a revised certificate is forwarded by the office of
financial management thirty days or less prior to the commencement of
the next quarterly period, the population of the annexed territory
shall not be considered until the commencement of the following
quarterly period.
((The resident population of the annexed territory shall be
determined by, or under the direction of, the mayor of the code city.
Such population determination shall consist of an actual enumeration of
the population which shall be made in accordance with practices and
policies, and subject to the approval of the office of financial
management. The population shall be determined as of the effective
date of annexation as specified in the relevant ordinance.))
(4) Until an annexation certificate is filed and approved as
provided herein, such annexed territory shall not be considered by the
office of financial management in determining the population of such
code city."
SB 5505 -
By Senators Hill, Chase
ADOPTED 02/25/2011
On page 1, line 2 of the title, after "territory;" strike the remainder of the title and insert "and amending RCW 35.13.260 and 35A.14.700."