wa-law.org > bill > 2025-26 > HB 1985 > Original Bill
An animal services district may be created for the purpose of sheltering, medical care, adoption services, pet licensing, temporary emergency housing, and humane law enforcement. An animal services district may include territory located in portions or all of one or more cities or counties, or one or more cities and counties, when created or enlarged as provided in this chapter.
When proposed by citizen petition or by local government resolution as provided in this section, a ballot proposition authorizing the creation of an animal services district must be submitted by resolution to the voters of the area proposed to be included in the district at any general election, or at any special election which may be called for that purpose.
The ballot proposition must be submitted if the governing body of each city in which all or a portion of the proposed district is located, and the legislative authority of each county in which all or a portion of the proposed district is located within the unincorporated portion of the county, each adopts a resolution submitting the proposition to create an animal services district.
As an alternative to the method provided under subsection (2) of this section, the ballot proposition must be submitted if a petition proposing creation of an animal services district is submitted to the county auditor of each county in which all or a portion of the proposed district is located that is signed by at least 15 percent of the registered voters residing in the area to be included within the proposed district. Where the petition is for creation of a district in more than one county, the petition must be filed with the county auditor of the county having the greater area of the proposed district, and a copy filed with each other county auditor of the other counties covering the proposed district.
Territory by virtue of its annexation to any city whose territory lies entirely within an animal services district are deemed to be within the limits of the animal services district.
If a majority of the voters voting on the ballot proposition authorizing the creation of the animal services district vote in favor of the formation of an animal services district, the animal services district must be created as a municipal corporation effective immediately upon certification of the election results and its name must be that designated in the ballot proposition. When an ex officio treasurer of an animal services district is a city or county treasurer, the treasurer may provide a bridge loan or line of credit to the newly formed animal services district until such time as the district has received sufficient levy proceeds to pay for the maintenance and operations of the animal services district.
The resolution or petition submitting the ballot proposition must designate the composition of the board of animal services commissioners from among the alternatives provided under subsections (2) through (4) of this section. The ballot proposition must clearly describe the designated composition of the board.
The commissioners of the district may be selected by election, in which case at the same election at which the proposition is submitted to the voters as to whether an animal services district is to be formed, five animal services commissioners are elected. The election of animal services commissioners is null and void if the animal services district is not created. Candidates must run for specific commission positions. No primary may be held to nominate candidates. The person receiving the greatest number of votes for each position is elected as a commissioner. The staggering of the terms of office occurs as follows: (a) The two persons who are elected receiving the two greatest numbers of votes are elected to six-year terms of office if the election is held in an odd-numbered year or five-year terms of office if the election is held in an even numbered year; (b) the two persons who are elected receiving the next two greatest numbers of votes are elected to four-year terms of office if the election is held in an odd-numbered year or three-year terms of office if the election is held in an even-numbered year; and (c) the other person who is elected is elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners take office immediately when they are elected and qualified, and for purposes of computing their terms of office the terms are assumed to commence on the first day of January in the year after they are elected. Thereafter, all commissioners are elected to six-year terms of office. All commissioners serve until their respective successors are elected and qualified and assume office in accordance with RCW 29A.60.280. Vacancies occur and are filled as provided in chapter 42.12 RCW.
In a district wholly located within a city or within the unincorporated area of a county, the governing body of such city or legislative authority of such county may be designated to serve in an ex officio capacity as the board of animal services commissioners, provided that when creation of the district is proposed by citizen petition, the city or county approves by resolution such designation.
Where the proposed district is located within more than one city, more than one county, or any combination of cities and counties, each city governing body and county legislative authority may be designated to collectively serve ex officio as the board of animal services commissioners through selection of one or more members from each to serve as the board, provided that when creation of the district is proposed by citizen petition, each city governing body and county legislative authority approve by resolution such designation. Within six months of the date of certification of election results approving creation of the district, the size and membership of the board must be determined through interlocal agreement of each city and county. The interlocal agreement must specify the method for filling vacancies on the board.
The manner of holding any general or special election in an animal services district must be in accordance with the general election laws of this state insofar as they are not inconsistent with the provisions of this chapter.
Every animal services district through its board of commissioners may contract indebtedness and evidence such indebtedness by the issuance and sale of warrants, short-term obligations as provided by chapter 39.50 RCW, or general obligation bonds, for any purposes authorized for such animal services district and the extension and maintenance thereof, not exceeding, together with all other outstanding nonvoter approved general indebtedness, one-quarter of one percent of the value of the taxable property in such animal services district, as the term "value of the taxable property" is defined in RCW 39.36.015. General obligation bonds may not be issued with a maximum term in excess of the maximum term set forth in chapter 39.46 RCW. Such general obligation bonds must be issued and sold in accordance with chapter 39.46 RCW.
Every animal services district may contract indebtedness not exceeding in amount, together with existing voter-approved indebtedness and nonvoter-approved indebtedness, equal to two and one-half percent of the value of the taxable property in said district, as the term "value of the taxable property" is defined in RCW 39.36.015, whenever three fifths of the voters voting at an election held in the animal services district assent thereto; the election may be either a special or a general election, and the animal services commissioners of the animal services district may cause the question of incurring such indebtedness, and issuing negotiable bonds of such animal services district, to be submitted to the qualified voters of the district at any time.
An animal services district may issue and sell revenue bonds as provided in chapter 39.46 RCW to be made payable from the operating revenues of the animal services district.
The county treasurer of the county within which all, or the major portion, of the district lies must be the ex officio treasurer of an animal services district, but may receive no compensation other than his or her regular salary for receiving and disbursing the funds of an animal services district.
An animal services district may designate someone other than the county treasurer who has experience in financial or fiscal affairs to act as the district treasurer if the board has received the approval of the county treasurer to designate this person; or if the district boundaries are coterminous with the boundaries of a city, the city may act as the district treasurer. If the board designates someone other than a county or city treasurer to act as the district treasurer, the board must purchase a bond from a surety company operating in the state that is sufficient to protect the district from loss.
Whenever there is money in the animal services district fund and the commissioners of the animal services district deem it advisable to apply any part thereof to the payment of bonded indebtedness, they must advertise in a newspaper of general circulation within the animal services district for the presentation to them for payment of as many bonds as they may desire to pay with the funds on hand, the bonds to be paid in numerical order, beginning with the lowest number outstanding and called by number. The bonds cease to bear interest 30 days after the first publication of the notice by the board calling in bonds, and this must be stated in the notice.
Any coupons for the payment of interest on animal services district bonds must be considered for all purposes as warrants drawn upon the animal services district fund against which the bonds were issued, and when presented after maturity to the treasurer of the county having custody of the fund. If there are no funds in the treasury to pay the coupons, the county treasurer shall endorse said coupons as presented for payment, in the same manner as county warrants are endorsed, and thereafter the coupon bears interest at the same rate as the bond to which it was attached. If there are no funds in the treasury to make payment on a bond not having coupons, the interest payment continues bearing interest at the bond rate until it is paid, unless otherwise provided in the proceedings authorizing the sale of the bonds.
The board of animal services commissioners may levy or cause to be levied a general tax on all the property located in said animal services district each year not to exceed 25 cents per thousand dollars of assessed value of the property in such animal services district.
The board of animal services commissioners is hereby authorized to levy a general tax in excess of its regular property tax levy or levies when authorized so to do at a special election conducted in accordance with and subject to all the requirements of the Constitution and laws of the state now in force or hereafter enacted governing the limitation of tax levies. The board is hereby authorized to call a special election for the purpose of submitting to the qualified voters of the animal services district a proposition to levy a tax in excess of the regular levy rates authorized for the district under subsection (1) of this section. The manner of submitting any such proposition, of certifying the same, and of giving or publishing notice thereof, must be as provided by law for the submission of propositions by cities, towns, or counties.
The board of animal services commissioners must include in its general tax levy for each year a sufficient sum to pay the interest on all outstanding bonds and may include a sufficient amount to create a sinking fund for the redemption of all outstanding bonds. The levy must be certified to the proper county officials for collection the same as other general taxes and, for any animal services district for which the county treasurer serves as the ex officio treasurer, when collected, the general tax must be placed in a separate fund in the office of the county treasurer to be known as the "animal services district fund" and disbursed under RCW 36.29.010(1)(a) and 39.58.750.
The assessment for local improvements authorized by this chapter becomes a lien in the same manner, and is governed by the same law, as is provided for local assessments in cities of the first class and must be collected as such assessments are collected.
The territory adjoining an animal services district may be annexed to and become a part thereof upon petition and an election held pursuant thereto. The petition must define the territory proposed to be annexed and must be signed by 25 registered voters, resident within the territory proposed to be annexed, unless the territory is within the limits of another city when it must be signed by 20 percent of the registered voters residing within the territory proposed to be annexed. The petition must be addressed to the board of animal services commissioners requesting that the question be submitted to the legal voters of the territory proposed to be annexed, whether they will be annexed and become a part of the animal services district.
Upon the filing of an annexation petition with the board of animal services commissioners, if the commissioners concur in the petition, they shall provide for a hearing to be held for the discussion of the proposed annexation at the office of the board of animal services commissioners, and shall give due notice thereof by publication at least once a week for two consecutive weeks before the hearing in a newspaper of general circulation in the animal services district.
If the board of animal services commissioners concur in the petition, they shall cause the proposal to be submitted to the electors of the territory proposed to be annexed, at an election to be held in the territory, which must be called, canvassed, and conducted in accordance with the general election laws. The board of animal services commissioners by resolution shall fix a time for the holding of the election to determine the question of annexation, and in addition to the notice required by RCW 29A.52.355 shall give notice thereof by causing notice to be published once a week for two consecutive weeks in a newspaper of general circulation in the animal services district, and by posting notices in five public places within the territory proposed to be annexed in the district.
The ballot to be used at the election must be in the following form:
"□ For annexation to animal services district.
□ Against annexation to animal services district."
The board of animal services commissioners of any animal services district which includes a city with a population greater than 100,000 may submit to the electorate of the territory sought to be annexed a proposition that all property within the area annexed, upon annexation, be assessed and taxed at the same rate and on the same basis as the property of such annexing animal services district to pay for all or any portion of the then outstanding indebtedness of the animal services district.
The canvassing authority shall cause a statement of the result of such election to be forwarded to the board of animal services commissioners for entry on the record of the board. If the majority of the votes cast upon that question at the election favor annexation, the territory immediately becomes annexed to the animal services district, and is thenceforth a part of the animal services district, the same as though originally included in the district. The expense of such election must be paid out of animal services district funds.
A board of commissioners of an animal services district may, upon a majority vote of all its members, dissolve in its entirety any animal services district, prorate the liabilities thereof, and turn over to the city and/or county so much of the district as is respectively located therein, when:
Such city and/or county, through its governing officials, agrees to, and petitions for, such dissolution and the assumption of such assets and liabilities; or
Ten percent of the voters of such city and/or county who voted at the last general election petition the governing officials for such a vote.
As provided in this section, an animal services district may withdraw areas from its boundaries, or reannex areas into the animal services district that previously had been withdrawn from the animal services district under this section.
The withdrawal of an area is authorized upon:
Adoption of a resolution by the animal services district commissioners requesting the withdrawal and finding that, in the opinion of the commissioners, inclusion of this area within the animal services district will result in a reduction of the district's tax levy rate under the provisions of RCW 84.52.010; and
Adoption of a resolution by the city or town council approving the withdrawal, if the area is located within the city or town, or adoption of a resolution by the county legislative authority of the county within which the area is located approving the withdrawal, if the area is located outside of a city or town. A withdrawal is effective at the end of the day on the 31st day of December in the year in which the resolutions are adopted, but for purposes of establishing boundaries for property tax purposes, the boundaries are established immediately upon the adoption of the second resolution. The withdrawal of an area from the boundaries of an animal services district does not exempt any property therein from taxation for the purpose of paying the costs of redeeming any indebtedness of the animal services district existing at the time of the withdrawal.
An area that has been withdrawn from the boundaries of an animal services district under this section may be reannexed into the animal services district upon:
Adoption of a resolution by the animal services district commissioners proposing the reannexation; and
Adoption of a resolution by the city or town council approving the reannexation, if the area is located within the city or town, or adoption of a resolution by the county legislative authority of the county within which the area is located approving the reannexation, if the area is located outside of a city or town. The reannexation is effective at the end of the day on the 31st day of December in the year in which the adoption of the second resolution occurs, but for purposes of establishing boundaries for property tax purposes, the boundaries are established immediately upon the adoption of the second resolution. Referendum action on the proposed reannexation may be taken by the voters of the area proposed to be reannexed if a petition calling for a referendum is filed with the city or town council, or county legislative authority, within a 30-day period after the adoption of the second resolution, which petition has been signed by registered voters of the area proposed to be reannexed equal in number to ten percent of the total number of the registered voters residing in that area.
If a valid petition signed by the requisite number of registered voters has been filed under subsection (3)(b) of this section, the effect of the resolutions must be held in abeyance and a ballot proposition to authorize the reannexation must be submitted to the voters of the area at the next special election date according to RCW 29A.04.330. Approval of the ballot proposition authorizing the reannexation by a simple majority vote authorizes the reannexation.
As provided in this section, a city, town, or county may withdraw that portion of the city, town, or county from an animal services district that was formed under this chapter when:
The governing body of a district, which is part of the district, adopts a resolution and findings of fact supporting the deannexation of that portion of the city, town, or county, which is part of the district; and the governing body of a city, town, or county, which is part of the district, adopts a resolution and findings of fact supporting the deannexation of that portion of the city, town, or county, which is part of the district;
Ten percent of the voters of such city or county who voted at the last general election petition the governing officials for such a vote; or
A district located in a county with a population of 200,000 or more has not actively carried out any of the special purposes or functions for which it was formed within the preceding consecutive five-year period.
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After adoption of the resolution approving the deannexation, receipt of a valid petition signed by the requisite number of registered voters, or determination that the district has been inactive, the governing body of the city, town, or county, which is part of the district, must draft a ballot title, give notice as required by law for ballot measures, and perform other duties as required to put the measure approving or not approving the deannexation before the voters of the city, town, or county, which is part of the district.
The ballot proposition authorizing the deannexation from a proposed animal services district must be submitted to the voters of the district for their approval or rejection at the next general election. The ballot measure is approved if greater than 50 percent of the total persons voting on the ballot measure vote to approve the deannexation.
The resolution under subsection (1) of this section and the ballot under subsection (2) of this section must set forth the specific land boundaries being deannexed from the district.
A deannexation under this section is effective at the end of the day on the 31st day of December in the year in which the ballot measure under subsection (2) of this section is approved.
The withdrawal of an area from the boundaries of an animal services district does not exempt any property therein from taxation for the purpose of paying the costs of redeeming any indebtedness of the animal services district existing at the time of the withdrawal.
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An area that has been withdrawn from the boundaries of an animal services district under this section may be reannexed into the animal services district upon:
Adoption of a resolution by the governing body proposing the reannexation; and
Adoption of a resolution by the animal services district approving the reannexation.
The reannexation is effective at the end of the day on the 31st day of December in the year in which the adoption of the second resolution occurs, but for purposes of establishing boundaries for property tax purposes, the boundaries are established immediately upon the adoption of the second resolution.
Referendum action on the proposed reannexation may be taken by the voters of the area proposed to be reannexed if a petition calling for a referendum is filed with the animal services district, within a 30-day period after the adoption of the second resolution, which petition has been signed by registered voters of the area proposed to be reannexed equal in number to ten percent of the total number of the registered voters residing in that area.
If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions must be held in abeyance and a ballot proposition to authorize the reannexation must be submitted to the voters of the area at the next special election date according to RCW 29A.04.330. Approval of the ballot proposition authorizing the reannexation by a simple majority vote authorizes the reannexation.
For purposes of this section, "deannex" means to withdraw a specified portion of land from an animal services district formed under this chapter.