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AN ACT Relating to new counties; amending RCW 36.09.010; adding a new section to chapter 27.12 RCW; adding a new section to chapter 35.58 RCW; adding a new section to chapter 53.04 RCW; adding a new section to chapter 54.08 RCW; adding a new section to chapter 70.44 RCW; adding a new section to chapter 36.57A RCW; adding new sections to chapter 36.09 RCW; adding a new section to chapter 43.63A RCW; creating a new section; recodifying RCW 36.09.010; and repealing RCW 36.09.020, 36.09.035, 36.09.040, and 36.09.050.

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

NEW SECTION. Sec. 1. PURPOSES. The purposes of this act are to: (1) Clarify the procedure by which new counties are created; (2) provide an additional condition for the creation of a new county where a proposed new county is created only if voters of the proposed new county approve a ballot proposition authorizing creation of the new county; (3) provide an interim period for the transition into the new county after the initial elected officials of the new county are elected; and (4) provide for a just distribution of the debts, liabilities, and assets of the parent county or counties between the new county and the remaining parent county or counties.

NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Assets" means: (a) Surplus moneys held by the parent county on the last day of the interim period that are not allocated for a specific purpose; and (b) tangible personal property owned by the parent county, less any debt associated with the tangible personal property.

(2) "Interim period" means the period of time for the transition to a new county occurring after the initial elected officials of a new county are elected and before the official date of creating the county.

(3) "New county" means the county that is created by removing territory out of a parent county or counties.

(4) "Parent county" means the county out of which territory is taken to create all or part of a new county.

(5) "Principal county auditor" means, where more than one parent county exists, the auditor of the parent county out of which territory is taken to create part of the new county within which more persons reside than reside in any other portion of another parent county that is taken to create part of the new county.

(6) "Remaining parent county" means the remaining portion of a parent county after territory has been taken to create all or part of a new county.

NEW SECTION. Sec. 3. PETITIONS PROPOSING THE CREATION OF A NEW COUNTY. Petitions proposing the creation of a new county shall be filed with the office of the secretary of state. The office of the secretary of state shall copy the petitions and forward a copy of the petitions to the county auditor of the parent county.

Whenever it is proposed that a new county be created out of territory to be taken from more than one parent county, separate petitions shall be signed by the voters of each parent county from which territory is proposed to be taken to create the new county and the office of secretary of state shall forward a copy of the petitions that were signed by the voters of each parent county to the county auditor of that parent county.

The county auditor or auditors shall review the signatures contained on the petitions and certify to the secretary of state both: (1) The number of registered voters residing within the territory in that parent county that is proposed to be included in the new county and (2) the number of valid signatures of registered voters residing within the territory in that parent county that is proposed to be included in the new county who have signed the petitions.

The secretary of state shall certify to the legislature the sufficiency of the petitions proposing the creation of the new county.

NEW SECTION. Sec. 4. VOTER APPROVAL OF A NEW COUNTY. A new county may only be created if voters of the proposed new county approve a ballot proposition authorizing the creation of the new county as described in special legislation enacted by the legislature creating the new county. The special legislation creating the new county shall be contingent on the voters of the proposed new county approving a ballot proposition authorizing the new county to be created. This additional condition for creating a new county is adopted under the authority granted to the legislature by Article XI, section 3, of the state Constitution.

A ballot proposition authorizing a new county to be created shall be submitted to the voters of the proposed new county at the next state general election occurring ninety or more days after final adjournment of the legislative session at which the special legislation creating the new county is enacted. The ballot proposition shall be worded substantially as follows:

"SHALL . . . . . . (insert the name of the new county) BE CREATED?

YES . . . . . . . . . . G

NO . . . . . . . . . . . G"

The new county shall be created if the ballot proposition is approved by a simple majority vote of voters voting on the proposition.

Where a county is proposed to be created including territory located in more than one parent county, the auditor of each parent county shall certify the election results on this ballot proposition to the principal county auditor. The principal county auditor shall certify the final election results and announce whether or not the new county is created.

NEW SECTION. Sec. 5. OFFICIAL DATE OF CREATION OF A NEW COUNTY. A new county that is created, as provided under section 4 of this act, shall be officially created on the first day of January two years after the year in which the general election was held at which voters authorized the creation of the new county. As provided in section 8 of this act, an interim period of transition into the new county shall exist after the initial elected officials of the new county assume office and the date the new county is officially created.

During this interim period, the voters of the new county shall be the resident voters of the parent county or counties who reside in the new county. To avoid double voting powers, the voters of the parent county during this interim period shall only be the voters of a parent county who reside in the remaining parent county and voters of the new county shall not participate in elections held for the parent county in the remaining parent county.

For purposes of RCW 84.09.030 establishing the boundaries of taxing districts to impose property taxes, the boundaries of a new county shall be deemed to be established on the date that the results of the vote on the ballot proposition are certified as authorizing the creation of the new county and the boundaries of the remaining parent county or counties shall be established on the same date without including territory that will be removed to create the new county.

The parent county shall continue imposing and collecting excise taxes throughout both the remaining parent county and that portion of the new county that was removed to create the new county until the date the new county is officially created. The parent county shall continue providing services throughout both the remaining county and that portion of the new county that was removed to create the new county until the date the new county is officially created.

During the interim period, a parent county shall receive federal and state moneys allocated to it as if the new county were not created. The new county shall be eligible to receive federal and state moneys after the date the new county is officially created.

NEW SECTION. Sec. 6. ELECTION OF INITIAL COUNTY OFFICIALS. (1) If voters of a proposed new county approve the ballot proposition authorizing the new county to be created, separate elections shall be held in the new county to nominate and elect the initial county elected officials for the new county that are specified under RCW 36.16.030.

Declarations of candidacy shall be made with the county auditor of the parent county, or the principal county auditor if the new county was created out of territory from more than one parent county, who shall cause election notices to be published. The county auditor of the parent county shall conduct the elections. Where the new county was created out of territory from more than one parent county, the county auditors of the parent counties shall conduct these elections in the territory that was taken out of their counties to create the new county and shall certify the election results to the principal county auditor. The principal county auditor shall certify the final election results and declare candidates who are nominated at the primary and the initial elected officials of the new county who are elected.

Except as provided in this section, elections shall be held following general election laws for partisan county offices.

(2) A three-day special filing period shall be opened for persons to file declarations of their candidacies for these positions and, if necessary, a primary held to nominate candidates for the new county elected positions at the February special election date specified in RCW 29.13.010 in the year following the year of the general election where the ballot proposition was approved authorizing the new county to be created. Each candidate for the office of county commissioner shall file for one of three separate commissioner positions and county commissioner districts shall not be used to nominate candidates for the initial offices of county commissioner.

An election shall be held to elect the initial county elected officials at the April special election date specified in RCW 29.13.010 in the same year as the special primary. The newly elected county officials shall assume office on the first day of May after their election and qualification with limited powers during the interim period as provided in section 8 of this act and full powers commencing when the new county is officially created.

(3) Each of the terms of office of the initial county elected officials shall be calculated from the first day of January in the year following the year in which the special election was held at which they were elected. The terms shall be as follows:

(a) If the year in which the special election is held to elect the initial county officials is an even-numbered year, but not a presidential election year, the person who is elected as a county commissioner receiving the greatest total number of votes, and the persons who are elected as the county assessor, county auditor, county clerk, county prosecuting attorney, county sheriff, county treasurer, and county coroner, where applicable, shall be elected to four-year terms of office, while the other two persons elected as county commissioners shall be elected to two-year terms of office.

(b) If the year in which the special election is held to elect the initial county officials is an even-numbered year and a presidential election year, the two persons who are elected as county commissioners receiving the two greatest total numbers of votes shall be elected to four-year terms of office, while the other person who is elected as a county commissioner and the persons who are elected as the county assessor, county auditor, county clerk, county prosecuting attorney, county sheriff, county treasurer, and county coroner, where applicable, shall be elected to two-year terms of office.

(c) If the year in which the special election is held to elect the initial county officials is an odd-numbered year, one year after a presidential election year, the two persons elected as county commissioners receiving the two greatest total numbers of votes shall be elected to three-year terms of office, while the other person who is elected as a county commissioner and the persons who are elected as the county assessor, county auditor, county clerk, county prosecuting attorney, county sheriff, county treasurer, and county coroner, where applicable, shall be elected to one-year terms of office.

(d) If the year in which the special election is held to elect the initial county officials is an odd-numbered year, three years after a presidential election year, the person who is elected as a county commissioner receiving the greatest total number of votes and the persons who are elected as the county assessor, county auditor, county clerk, county prosecuting attorney, county sheriff, county treasurer, and county coroner, where applicable, shall be elected to three-year terms of office, while the other two persons elected as county commissioners shall be elected to one-year terms of office.

An initial county elected official shall serve until a successor is elected and qualified and assumes office as provided in RCW 29.04.170. Any vacancies shall be filled as provided in general law.

NEW SECTION. Sec. 7. OLD COUNTY ORDINANCES REMAIN IN EFFECT. All ordinances, rules, and regulations of a parent county that were in effect in any area included in a new county before the election at which the ballot proposition authorizing the creation of the new county was approved shall remain in effect in that area until the effective date of an amendment or repeal of these ordinances, rules, or regulations by the board of county commissioners of the new county.

NEW SECTION. Sec. 8. INTERIM TRANSITION PERIOD. An interim period shall exist from the time the initial county elected officials of the county assume office, as provided in section 6 of this act, until the date the new county is officially created, as provided in section 5 of this act. During this interim period, the initial county elected officials are authorized to provide for the transition of the area into a new county, including the authority to adopt ordinances effective on or after the date the new county is officially created and to enter into contracts and agreements facilitating the transition into a new county and ensuring a continuation of governmental services during the interim period and after the date the new county is officially created.

The first meeting of the initial board of county commissioners of the new county in the interim period shall be held at a time, date, and place in the new county designated by the county auditor of the parent county, or the principal county auditor if the new county is created out of territory from more than one parent county. The county auditor of the parent county, or the principal county auditor if the new county is created out of territory from more than one parent county, shall cause notice of this first meeting to be published, provide for facilities and staffing for this first meeting, and chair the first meeting until the initial board of county commissioners elects one of its own members as chair.

Proposed county ordinances that are considered by the initial board of commissioners during the interim period shall be published to the same extent as proposed county ordinances are required to be published after a county is created. However, any ordinances adopted by the board of commissioners at its initial meeting shall be published after they are adopted.

During the interim period, the initial board of commissioners and other initial county elected officials may acquire needed facilities, supplies, equipment, insurance, and staff as if the county were in existence.

During the interim period, the initial board of county commissioners may adopt rules establishing policies and procedures under the state environmental policy act, chapter 43.21C RCW, and may use these rules and procedures in making determinations under the state environmental policy act, chapter 43.21C RCW.

During this interim period, the new county that will be officially created and the initial county elected officials are subject to the following as though the county were officially created: RCW 36.16.050 relating to the filing of bonds; RCW 4.24.470 relating to immunity; chapter 42.17 RCW relating to open government; chapter 40.14 RCW relating to the preservation and disposition of public records; chapters 42.20, 42.22, and 42.23 RCW relating to ethics and conflicts of interest; chapters 42.30 and 42.32 RCW relating to open public meetings and minutes; RCW 36.72.075 relating to the designation of an official newspaper, except that the initial board of county commissioners may designate its official county newspaper at any meeting during the interim period; RCW 36.16.138 relating to liability insurance; RCW 36.32.240 through 36.32.267, and chapter 36.77 RCW, and statutes referenced therein, relating to public contracts and bidding; and chapter 39.34 RCW relating to interlocal cooperation.

During the interim period, the new county is subject to indebtedness limitations provided for a county in chapter 39.36 RCW. The county may issue tax anticipation or revenue anticipation notes or warrants and other short-term obligations and funds may be borrowed on the security of these instruments during the interim period, as provided in chapter 39.50 RCW. Funds also may be borrowed from federal, state, and other governmental agencies in the same manner as if the new county were officially created.

During the interim period, the initial board of county commissioners may submit ballot propositions to the voters of the new county authorizing single-year excess property tax levies as provided in RCW 84.52.052 and both voter-approved general indebtedness and multiple-year excess levies to retire the general indebtedness as provided in RCW 84.52.056 and 39.36.050, to be collected after the date the new county is officially created.

During the interim period, the initial board of county commissioners may adopt ordinances imposing excise taxes that counties are authorized to impose, to be collected after the date the new county is officially created, including, but not limited to, sales and use taxes authorized in chapter 82.14 RCW and excise taxes on the sale of real estate authorized in chapter 82.46 RCW. If the ordinances imposing the excise taxes are adopted in a timely manner, these excise taxes shall begin to be collected by or for the new county in its boundaries on the date the new county is officially created. RCW 82.14.036 shall apply during the interim period.

NEW SECTION. Sec. 9. ASSISTANCE BY PARENT COUNTY. The parent county or counties shall assist the new county during the interim period, including, but not limited to, providing services, work, staff, materials, supplies, equipment, and other property and loaning money to the new county. The value of the assistance that is provided by a parent county or counties to the new county during the interim period shall be considered in the calculations made under section 14 of this act.

The parent county or counties shall continue financing maintenance and construction of county facilities in the new county as if the new county were not created during the interim period. The parent county or counties shall continue providing county services in the new county during the interim period as if the new county were not created. During the interim period, each officer of the parent county or counties shall retain joint authority with the similar officer of the new county in that portion of the new county that was created from that county.

NEW SECTION. Sec. 10. BUDGETS. Budgets for the interim period and the initial budget for the county effective for the first calendar year after the interim period shall be adopted as provided in this section.

The initial board of county commissioners shall adopt an interim budget or budgets for the interim period in consultation with the office of the state auditor, division of municipal corporations. The initial interim budget may authorize the expenditure of moneys in a general sense without specific detail.

In addition, the initial board of county commissioners shall adopt a budget for the first calendar year after the interim period, commencing on the first day of January two years after the year in which voters approved the ballot proposition authorizing the creation of the new county. A public hearing shall be held on the proposed budget for this budget before its adoption. A budget message shall be prepared for the proposed budget that contains an explanation of the budget document, an outline of the recommended financial policies and programs of the county for the ensuing fiscal year, and a statement of the relation of the recommended appropriation to such policies and programs. Immediately following the release of the preliminary budget, the initial board of county commissioners shall cause a notice of the public hearing on the budget to be published once each week for two consecutive weeks prior to the public hearing, which shall be held at least twenty days before the date the new county is officially created. Any taxpayer may appear and be heard for or against any part of the budget. The initial board of county commissioners may make such adjustments and changes as it deems necessary and may adopt the final budget at the conclusion of the public hearing or at any time before the date the new county is officially created.

NEW SECTION. Sec. 11. PREFERENCE FOR LAID-OFF DEPUTIES AND LAID-OFF EMPLOYEES OF THE PARENT COUNTY'S SHERIFF'S DEPARTMENT. During the interim period and the first calendar year after the interim period, all competitive examinations to determine the qualifications of applicants for employment as a county deputy sheriff that are administered by the civil service commission of a new county shall give preference to deputy sheriffs of a remaining parent county who are certified by the civil service commission of that county as having been laid off due to the removal of territory from the parent county to create the new county. The preference shall increase the score of such an applicant by ten percent.

During the interim period and the first calendar year after the interim period, all competitive examinations to determine the qualifications of applicants for employment as an employee of the county sheriff's office, other than as a deputy sheriff, that are administered by the civil service commission of a new county shall give preference to the nondeputy sheriff's employees in the sheriff's office of a remaining parent county who are certified by the civil service commission of that county as having been laid off due to the removal of territory from the parent county to create the new county. The preference shall increase the score of such an applicant by ten percent.

Sec. 12. RCW 36.09.010 and 1963 c 4 s 36.09.010 are each amended to read as follows:

Whenever a new county shall be or shall have been organized out of ((~~the territory which was included within the limits of any other~~)) a parent county or counties, the new county shall be liable for a ((~~reasonable~~)) just proportion of the debts and liabilities of the parent county or counties from which it was taken, and entitled to its just proportion of the property and assets of the parent county or counties from which it was taken. The division and distribution of debts and liabilities, property, and assets shall be determined as provided in sections 13 and 14 of this act.

NEW SECTION. Sec. 13. PROCEDURE TO DISTRIBUTE DEBTS, PROPERTY, AND ASSETS. The county legislative authority of the parent county shall appoint three persons and the initial board of county commissioners of the new county shall appoint three other persons to negotiate the division and distribution of the debts and liabilities, property, and assets of the parent county between the new county and the remaining parent county. Where a new county was created from more than one parent county, a separate negotiating group shall be appointed to negotiate the division and distribution of debts and liabilities, property, and assets of each parent county between the new county and that remaining parent county.

The first meeting of the negotiation party shall be at a convenient time, date, and place designated by the county legislative authority of the parent county, which must be within the period thirty to sixty days after the date members of the initial board of county commissioners assume office during the interim period. If an impasse is reached, either the new county or the remaining parent county may petition the department of community development to engage in, and the department of community development is authorized to provide, arbitration to determine the just division and distribution of the debts and liabilities, property, and assets of the parent county. The results of the arbitration are binding on the new county and parent county or counties.

NEW SECTION. Sec. 14. REQUIREMENTS AND POLICIES GUIDING DISTRIBUTION OF DEBTS, PROPERTY, AND ASSETS. (1) The division and distribution of debts and liabilities, property, and assets of the parent county between a new county and the remaining parent county shall conform with the requirements and policies contained in this section and RCW 36.09.010 (as recodified by this act).

(2) Except for the location of radio communication facilities, the physical location of real property shall determine ownership of the real property. Real property of a parent county, other than radio communication facilities, that is located within the new county shall become the property of the new county. Real property of a parent county that is located within the remaining parent county shall remain the property of the remaining parent county. The remaining parent county retains ownership of the parent county's radio transmission facilities that are located in a new county, unless an agreement providing otherwise is reached between the remaining parent county and new county.

(3) The new county shall be liable to the remaining parent county for any debts and liabilities of the parent county associated with the real property located in the new county over which it obtains ownership.

(4) The assets and remaining debts and liabilities of the parent county shall be equitably apportioned between the remaining parent county and the new county, taking into consideration both: (a) The proportion of the population of the remaining parent county and the population of the new county; and (b) the proportion of the assessed valuation of the remaining parent county and the assessed valuation of the new county.

(5) A final figure shall be determined by combining the distributions determined under subsections (3) and (4) of this section and crediting to the remaining parent county with any costs it incurred or will incur related to the creation of the new county, including election costs and the amount of any money it lent to the new county. Any resulting obligation of the remaining parent county to the new county may be satisfied by agreements for the remaining parent county to provide services, maintenance, and construction in the new county after the interim period or future payments to the new county. Any resulting obligation of the new county to the remaining parent county may be satisfied by future payments to the remaining parent county.

(6) The distribution of debts and liabilities shall not be construed to affect the rights of creditors.

NEW SECTION. Sec. 15. BORROWING MONEY FROM THE COUNTY SALES AND USE TAX EQUALIZATION ACCOUNT. During the interim period, the initial board of county commissioners of a new county may by resolution borrow money from the county sales and use tax equalization account up to one hundred thousand dollars or five dollars per capita based on a population estimate of the new county made by the office of financial management, whichever is less.

The loan authorized by this section shall be repaid over a three-year period. The state treasurer shall withhold moneys from the funds otherwise payable to the new county that has obtained such a loan, either from the county sales and use tax equalization account or from sales and use tax entitlements otherwise distributable to such new county, so that the account is fully reimbursed over the three-year period. The state treasurer shall adopt by rule procedures to accomplish the purpose of this section on a reasonable and equitable basis over the three-year period.

NEW SECTION. Sec. 16. ASSISTANCE BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT. The department of community development shall identify federal, state, and local agencies that should receive notification that a new county is about to be created and shall assist each new county during its interim period in providing such notification to the identified agencies.

NEW SECTION. Sec. 17. ASSISTANCE BY LOCAL GOVERNMENTS AND STATE AGENCIES. Counties, cities, towns, and other local government agencies and state agencies may make loans of staff and equipment, and technical and financial assistance to a new county during the interim period to facilitate its transition. Such loans and assistance may be without compensation.

NEW SECTION. Sec. 18. COUNTY SEAT. If the special legislation providing for the creation of a new county does not specify the county seat of the new county, the initial board of county commissioners shall designate a county seat for the new county during the interim period. During the interim period, meetings of the initial board of county commissioners at which ordinances are adopted need not be held at the county seat.

NEW SECTION. Sec. 19. INITIAL ANNUAL SALARIES. The department of community development shall establish an initial annual salary for each elected official position in a new county. The annual salary for each county elected official position in the new county shall be the average annual salary for the same position in noncharter counties of approximately the same population. The decision of the department of community development establishing these annual salaries shall be final. One-twelfth of the salary for an elected official position shall be paid monthly during the interim period to the initial county elected official.

NEW SECTION. Sec. 20. TRANSFER OF CASES. (1) If a separate superior court is provided for the new county, all actions and proceedings which are pending in the superior court of a parent county at the date the new county is officially created affecting the title or possession of real property in the new county, or in which all the parties are residents of the new county, shall be transferred to the superior court of the new county, and all proceedings in these lawsuits shall be held in the new county as if originally commenced in that county. All other civil or criminal proceedings pending in the superior court of a parent county shall be prosecuted to their termination in that court.

All pleadings, process, documents, and files in the office of the county clerk and other officers of the superior court of a parent county affecting actions and proceedings transferred to the superior court of the new county shall be certified and transferred to the county clerk or other officers of the superior court of the new county.

(2) All actions and proceedings which are pending in the district court of a parent county at the date the new county is officially created affecting real property located in the new county, or in which all parties are residents of the new county, shall be transferred to the district court of the new county, and all proceedings in these lawsuits shall be held in the new county as if originally commenced in that county. All other civil or criminal proceedings pending in the district court of a parent county shall be prosecuted to their termination in that court.

All pleadings, process, documents, and files in the district court of a parent county affecting actions and proceedings transferred to the district court of the new county shall be certified and transferred to the district court of the new county.

NEW SECTION. Sec. 21. TRANSFER OF RECORDS. All records, documents, and papers of record in the offices of county auditor, county assessor, county treasurer, and other county offices of a parent county affecting the title or possession of real property in the new county, assessed valuation of property located in the new county, the registration of voters residing in the new county, or other appropriate matters, shall be copied, certified as being correct copies, and transferred to the appropriate county officials and offices of the new county.

NEW SECTION. Sec. 22. REMOVAL OF SPECIAL DISTRICTS FROM NEW COUNTY. During the interim period, the initial board of county commissioners of a new county may cause ballot propositions to be submitted to the voters of the new county authorizing the removal of special districts from the new county that include territory located in both the new county and the remaining parent county, as provided in sections 25 through 29 of this act.

NEW SECTION. Sec. 23. EMERGENCY MEDICAL CARE AND SERVICES LEVIES. After the official date of creating a new county, the new county may continue imposing the levies for emergency medical care and services under RCW 84.52.069 during the remainder of the six-year period for which such levies had been authorized by the voters of the parent county. Both the new county and remaining parent county may impose the levy within their respective boundaries for collection during the year in which the new county is officially created at the same rate that the parent could have imposed if the new county had not been created.

If a new county is created out of parts of two or more counties, the new county may only continue levying such levies if voters of each of the parent counties had authorized such levies, for the fewest number of years remaining in the six-year period for which such levies may be made in any of the parent counties, and at the lowest rate allowed in any of the parent counties.

NEW SECTION. Sec. 24. CONSTRUCTION. The rule of strict construction shall not apply to this chapter. This chapter shall be liberally construed to provide for the creation of a new county and removal of territory from a parent county forming all or part of the new county. A continuation of government shall remain in both the new county and the remaining parent county or counties.

The county auditor or auditors who run elections authorizing the creation of a new county and the nomination and election of the initial elected officials of a new county are granted the authority to provide for fair and equitable elections.

The initial board of county commissioners of a new county is granted broad authority to provide for a transition to a new county during the interim period so that, to the greatest extent possible, a new county will be able to fully function as a complete county government at the date the new county is officially created. Should a situation arise where it appears that technically the new county is unable to act, the initial board of county commissioners is granted the full authority to take necessary actions.

NEW SECTION. Sec. 25. A new section is added to chapter 27.12 RCW to read as follows:

LIBRARY DISTRICTS. During the interim period, the initial board of county commissioners of a new county may cause a ballot proposition to be submitted to voters of that portion of the new county residing in a county rural library district or intercounty rural library district to authorize the removal of that portion of the new county from the library district. Approval shall be by a simple majority vote of voters voting on the proposition. If approved, the area shall be removed from the library district effective immediately upon certification of the election results. However, the library district shall continue providing library services to the removed area and the residents of the removed area until the last day of December in the year in which library district regular property taxes are collected in that area. The removal of territory from a library district shall not affect the rights of creditors of the library district at the time of the removal.

A rural county library district that remains in the new county shall become an intercounty rural library district and the county legislative authorities of the remaining parent county and new county shall jointly appoint a board of five or seven trustees as provided in RCW 27.12.130.

The board of county commissioners of a new county in which an intercounty rural county library district remains shall participate in the appointment of a board of trustees for the library district.

NEW SECTION. Sec. 26. A new section is added to chapter 35.58 RCW to read as follows:

METROPOLITAN MUNICIPAL CORPORATIONS. During the interim period, the initial board of county commissioners of a new county may cause a ballot proposition to be submitted to voters of the new county who reside in a metropolitan municipal corporation that includes territory in both the new county and a parent county to authorize the removal of the territory in the new county from the metropolitan municipal corporation, even if the parent county has assumed the rights, powers, functions, and responsibilities of the metropolitan municipal corporation under chapter 36.56 RCW. Approval shall be by a simple majority vote of voters voting on the proposition. If approved, this area shall be removed from the metropolitan municipal corporation effective immediately upon certification of the election results and any excise taxes that are imposed by the metropolitan municipal corporation shall cease being collected in that area as soon as is administratively possible. The removal of territory from a metropolitan municipal corporation shall not affect the rights of creditors of the metropolitan municipal corporation at the time of the removal.

NEW SECTION. Sec. 27. A new section is added to chapter 53.04 RCW to read as follows:

PORT DISTRICTS. During the interim period, the initial board of county commissioners of a new county may cause a ballot proposition to be submitted to voters of the new county who reside in a port district that includes territory in both the new county and a parent county to authorize the removal of the territory in the new county from the port district. Approval shall be by a simple majority vote of voters voting on the proposition. If approved, this area shall be removed from the port district effective immediately upon certification of the election results. The port district shall sell any of its real property located in the area removed from the port district within a reasonable time, except for real property used for facilities that a port district is authorized to provide beyond its boundaries. The removal of territory from a port district shall not affect the rights of creditors of the port district at the time of the removal.

NEW SECTION. Sec. 28. A new section is added to chapter 54.08 RCW to read as follows:

PUBLIC UTILITY DISTRICTS. During the interim period, the initial board of county commissioners of a new county may cause a ballot proposition to be submitted to voters of the new county who reside in a public utility district that includes territory in both the new county and a parent county to authorize the removal of the territory in the new county from the public utility district. Approval shall be by a simple majority vote of voters voting on the proposition. If approved, this area shall be removed from the public utility district effective immediately upon certification of the election results. The removal of territory from a public utility district shall not affect the rights of creditors of the public utility district at the time of the removal.

NEW SECTION. Sec. 29. A new section is added to chapter 70.44 RCW to read as follows:

PUBLIC HOSPITAL DISTRICTS. During the interim period, the initial board of county commissioners of a new county may cause a ballot proposition to be submitted to voters of the new county who reside in a public hospital district that includes territory located in both the new county and a parent county to authorize the removal of the territory in the new county from the public hospital district. Approval shall be by a simple majority vote of voters voting on the proposition. If approved, the area shall be removed from the public hospital district effective immediately upon the certification of the election results. However, the public hospital district shall continue providing service to the residents of the removed area until the last day of December in the year in which regular property taxes of the public hospital district are collected in the area. The public hospital district shall sell any of its real property located in the area removed from the public hospital district within a reasonable time. The removal of territory from a public hospital district shall not affect the rights of creditors of the public hospital district at the time of the removal of the territory.

NEW SECTION. Sec. 30. A new section is added to chapter 36.57A RCW to read as follows:

PUBLIC TRANSPORTATION BENEFIT AREAS. Effective on the first day after the interim period for the creation of a new county, a public transportation benefit area that includes territory located in both the remaining parent county and new county shall have its boundaries reduced to eliminate any territory located in the new county.

NEW SECTION. Sec. 31. A new section is added to chapter 43.63A RCW to read as follows:

REPORT ON POTENTIAL REVENUES OF THE NEW COUNTY BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT. The department of community development shall prepare and file with the legislature, a report detailing the potential revenues and expenses of a proposed new county whenever the state auditor certifies that petitions proposing the creation of the new county have been certified as having sufficient valid signatures. The potential revenues of the proposed new county shall include both tax revenues of the new county itself and distributions of state and federal moneys to the new county.

NEW SECTION. Sec. 32. The following acts or parts of acts are each repealed:

(1) RCW 36.09.020 and 1963 c 4 s 36.09.020;

(2) RCW 36.09.035 and 1963 c 4 s 36.09.035;

(3) RCW 36.09.040 and 1963 c 4 s 36.09.040; and

(4) RCW 36.09.050 and 1963 c 4 s 36.09.050.

NEW SECTION. Sec. 33. Captions as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 34. The code reviser shall recodify RCW 36.09.010 within chapter 36.09 RCW to conform to the reorganization of chapter 36.09 RCW as provided in this act.

NEW SECTION. Sec. 35. Sections 1 through 11 and 13 through 24 of this act are each added to chapter 36.09 RCW.