As the section entitled “How To Shrink A District: Withdrawal of Territory” explains, a public hospital district may withdraw areas from its boundaries under RCW 70.44.235. Public hospital districts may also reannex areas into the district that previously had been withdrawn. This is another way in which public hospital districts may expand.

The procedure for re-annexing territory previously withdrawn is detailed in RCW 70.44.235 alongside the language relating to the withdrawal of territory. Reannexation must be initiated by the district commissioners (by the resolution process), but RCW 70.44.235 also allows for the voters of the area to demonstrate their approval through the referendum process.

In the resolution process, the reannexation of an area previously withdrawn from the boundaries of a public hospital district requires the passage of two (2) resolutions. The first resolution that must be passed is one by the district commissioners. This resolution must formally propose the reannexation.

The second resolution that must be passed must come from either one of two legislative bodies:

• Resolution by Appropriate City or Town Council (If Any): If the area to be reannexed is located within a city or town, the council of that entity must also adopt a resolution approving the reannexation.

• Resolution by Appropriate County Legislative Authority (If Any): If the area to be reannexed is located outside of a city or town, the legislative authority of the county within which the area is located must approve the annexation by resolution.

After the series of two (2) resolutions is adopted, the reannexation is effective at the end of the day on the thirty-first day of December in the year in which the adoption of the second resolution occurs. For purposes of establishing boundaries for property tax purposes, however, the boundaries are established immediately upon the adoption of the second resolution.

The voters of the area to be annexed may also express their approval of reannexation by referendum. Referendum action on the proposed reannexation may be taken by the voters of the areas proposed to be reannexed if a petition calling for a referendum is filed with the city or town council, or county legislative authority. The citizens must file this petition within a thirty (30) day period after the adoption of the second resolution (explained above in “Reannexation: The Resolutions Process”).

The petition must be signed by at least ten (10) percent of the total registered voters residing in the area proposed to be reannexed. The petition must be valid, and although RCW 70.44.235 does not set out the parameters for ensuring validity, it can be assumed that the entity with which the petition is filed is responsible for seeing that the petition is sufficient.

When a valid petition has been filed, the governmental entity with which it has been filed must prepare a ballot proposition to authorize the reannexation.

The statutory provision governing when this ballot proposition must be submitted to the voters is RCW 29.13.020 which establishes mandatory dates for holding city, town and district general and special elections. At a minimum, the election must be held no less than forty-five (45) days after the petitions have been validated.

An approval by a simple majority of the voters authorizes the reannexation.