S-1911.2                   _______________________________________________

                                            SUBSTITUTE SENATE BILL 5256

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senate Committee on Government Operations (originally sponsored by Senators Sutherland, McCaslin and Erwin)

Read first time 02/26/93.

Restricting the use of city or town facilities to advocate for or against an annexation.

          AN ACT Relating to annexation by cities and towns; amending RCW 35.13.350 and 35A.14.550; and creating a new section.

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

NEW SECTION. Sec. 1.  The decision to annex territory to a city or town is a political decision of the affected persons and the annexing city or town.  It is the policy of this state to prohibit the use of public facilities to influence political campaigns and ballot propositions.  It is the intent of the legislature that this prohibition be extended to prohibit the use of public facilities, including physical resources, employees, and the granting of reduced charges for services, to influence affected persons in deciding how to vote or whether to sign a petition to annex territory to a city or town.

        Sec. 2.  RCW 35.13.350 and 1989 c 351 s 8 are each amended to read as follows:

          A city or town can provide factual ((public)) information to the public on the effects of a pending annexation proposed for the city or town.  A city or town shall not use any of its public facilities, including physical resources, or employees who are being compensated, to advocate for or against a proposed annexation whether such annexation is by the election method as provided in RCW 35.13.015 through 35.13.110 or the petition method as provided in RCW 35.13.125 through 35.13.160.  A city or town may not grant reduced utility or other charges to individual property owners as a condition of agreeing to a proposed annexation.  A city or town may only grant such reduced rates or charges for those residents within the entire area proposed for such annexation.

        Sec. 3.  RCW 35A.14.550 and 1989 c 351 s 9 are each amended to read as follows:

          A code city can provide factual ((public)) information to the public on the effects of pending annexation proposed for the code city.  A code city shall not use any of its public facilities, including physical resources, or employees who are being compensated, to advocate for or against a proposed annexation whether such annexation is by the election method as provided in RCW 35A.14.015 through 35A.14.110 or the petition method as provided in RCW 35A.14.120 through 35A.14.150.  A code city may not grant reduced utility or other charges to individual property owners as a condition of agreeing to a proposed annexation.  A code city may only grant such reduced rates or charges for those residents within the entire area proposed for such annexation.

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