SENATE BILL REPORT

SB 6312

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Majority Report: That Substitute Senate Bill No. 6312 be substituted therefor, and the substitute bill do pass.

Signed by Senators Takko, Chair; Short, Ranking Member; Angel.

Background: The unincorporated islands method of annexation enables the annexation of territory that is wholly or mostly surrounded by incorporated territory. In 2013, the Legislature amended, for code cities, the criteria for territory that can be annexed under this method. An area may be annexed by a code city under the unincorporated island method of annexation if:

the area is less than 175 acres and all its boundaries are contiguous to the city—i.e., it is entirely surrounded by the city; or
the area is of any size and has at least 80 percent of its boundaries contiguous to the city, it contains residential property owners, and it is within the same county and urban growth area as the city, and the code city is required to plan under the Growth Management Act.

The resolution for annexation must describe the boundaries of the area to be annexed, state the number of voters residing in the area to be annexed, and set a date for a public hearing. Additionally, annexations under this method are subject to potential referendum.

Summary of Bill (First Substitute): The resolution for annexation of an unincorporated island of territory by a code city no longer must state the number of voters residing in the area to be annexed.

The annexation of an unincorporated island of territory by a code city is no longer subject to potential referendum by voters in the area to be annexed or potential review by a boundary review board.

EFFECT OF CHANGES MADE BY LOCAL GOVERNMENT COMMITTEE (First Substitute):

Specifies that any member of the public, including residents or property owners of the annexation area, shall be given the opportunity to be heard at the hearing for annexation.

Staff Summary of Public Testimony on Original Bill: The committee recommended a different version of the bill than what was heard. PRO: This bill is redoing something that was undone and redone. City councils have had problems with islands that demand services but do not want to participate in the funding of those services. Most cities have a pretty good notice process for public hearing within the area to be annexed.

These unincorporated islands in the middle of a city are at a minimum illogical and the delivery of services to them is inefficient. In particular, there is one island in south Lacey, and what it comes down to is that it is less expensive for them to live on this island and continue to benefit from the services that Lacey provides them. They are at the point where they will immediately go to referendum, costing the city's citizens that pay for that referendum. This bill has the support of the Association of Boundary Review Boards.

Persons Testifying: PRO: Senator Sam Hunt, Prime Sponsor; Mark Brown, City of Lacey; Andy Ryder, Mayor of Lacey; Scott Spence, City Manager, City of Lacey; Robbie Myers, Washington State Association of Boundary Review Boards.