AN ACT Relating to the creation of the twenty-fourth community college district; amending RCW 28B.50.040; creating new sections; providing an effective date; and declaring an emergency.

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

Sec. 1. Section 28B.50.040, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 72, Laws of 1981 and RCW 28B.50.040 are each amended to read as follows:

The state of Washington is hereby divided into ((~~twenty-three~~)) twenty-four community college districts as follows:

(1) The first district shall encompass the counties of Clallam and Jefferson;

(2) The second district shall encompass the counties of Grays Harbor and Pacific;

(3) The third district shall encompass the counties of Kitsap and Mason;

(4) The fourth district shall encompass the counties of San Juan, Skagit and Island;

(5) The fifth district shall encompass Snohomish county except for the Northshore common school district and that portion encompassed by the twenty-third district created in subsection (23) of this section: PROVIDED, That the fifth district shall encompass the Everett Community College;

(6) The sixth district shall encompass the present boundaries of the common school districts of Seattle and Vashon Island, King county;

(7) The seventh district shall encompass the present boundaries of the common school districts of Shoreline in King county and Northshore in King and Snohomish counties;

(8) The eighth district shall encompass the present boundaries of the common school districts of Lake Washington, Bellevue, Issaquah, Lower Snoqualmie, Mercer Island, Skykomish and Snoqualmie, King county;

(9) The ninth district shall encompass the present boundaries of the common school districts of Federal Way, Highline and South Central, King county;

(10) The tenth district shall encompass the present boundaries of the common school districts of Auburn, Black Diamond, Renton, Enumclaw, Kent, Lester and Tahoma, King county, and the King county portion of Puyallup common school district No. 3;

(11) The eleventh district shall encompass all of Pierce county, except for the present boundaries of the common school districts of Tacoma and Peninsula;

(12) The twelfth district shall encompass ((~~the counties of~~)) Lewis ((~~and Thurston~~)) county, the Rochester common school district No. 401, the Tenino common school district No. 402 of Thurston county, and the Thurston county portion of the Centralia common school district No. 401;

(13) The thirteenth district shall encompass the counties of Cowlitz, and Wahkiakum;

(14) The fourteenth district shall encompass the counties of Clark, Skamania and that portion of Klickitat county not included in the sixteenth district;

(15) The fifteenth district shall encompass the counties of Chelan, Douglas and Okanogan;

(16) The sixteenth district shall encompass the counties of Kittitas, Yakima, and that portion of Klickitat county included in United States census divisions 1 through 4;

(17) The seventeenth district shall encompass the counties of Ferry, Lincoln (except consolidated school district 105-157-166J and the Lincoln county portion of common school district 167-202), Pend Oreille, Spokane, Stevens and Whitman;

(18) The eighteenth district shall encompass the counties of Adams and Grant, and that portion of Lincoln county comprising consolidated school district 105-157-166J and common school district 167-202;

(19) The nineteenth district shall encompass the counties of Benton and Franklin;

(20) The twentieth district shall encompass the counties of Asotin, Columbia, Garfield and Walla Walla;

(21) The twenty-first district shall encompass Whatcom county;

(22) The twenty-second district shall encompass the present boundaries of the common school districts of Tacoma and Peninsula, Pierce county;

(23) The twenty-third district shall encompass that portion of Snohomish county within such boundaries as the state board for community college education shall determine: PROVIDED, That the twenty-third district shall encompass the Edmonds Community College; and

(24) The twenty-fourth district shall encompass all of Thurston county except the Rochester common school district No. 401, the Tenino common school district No. 402, and the Thurston county portion of the Centralia common school district No. 401.

NEW SECTION. Sec. 2. The current board of trustees of the twelfth community college district shall prepare a detailed plan to describe and accomplish the division of the twelfth district. This plan shall provide for the distribution of all personnel, physical and other assets, and any other details as prescribed by the state board for community college education. The plan shall contain specific provisions permitting the new twenty-fourth district and the twelfth district to continue recruiting students in both the twelfth and the new twenty-fourth districts for a period ending July 1, 1990. This plan shall be submitted to the state board for community college education for approval on or before March 1, 1987. The state board for community college education shall act on the plan and adjudicate all contested matters prior to June 30, 1987.

NEW SECTION. Sec. 3. After the effective date of this act, all campus employees of both Centralia Community College and South Puget Sound Community College shall continue to perform their usual duties upon the same terms as formerly, without any loss of rights. All campus employees of South Puget Sound Community College on the effective date of this act, whether classified under chapter 28B.16 RCW, the state higher education personnel law, faculty members, exempt employees, or otherwise employed by the community college district principally for South Puget Sound Community College purposes, shall be assigned to the twenty-fourth community college district to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any appropriate action of the new community college board of trustees thereafter in accordance with the laws of this state.

Of those other employees of the twelfth community college district not considered campus employees, the community college board of trustees of the twelfth district shall make a fair allocation of those employees as between the twelfth district and the new twenty-fourth community college district. Whenever any question arises as to the assignment of these employees, the state board for community college education shall make a determination as to the proper assignment and shall certify its decision. All classified employees so allocated shall perform their duties upon the same terms as formerly and without any loss in rights, subject to any appropriate action of the community college board of trustees of the community college district to which they are allocated, in accordance with the laws of this state.

NEW SECTION. Sec. 4. All real and personal property, including but not limited to, all reports, documents, surveys, books, records, files, papers, or other writings in the possession of authorities, departments, and offices being a part of South Puget Sound Community College on the effective date of this act, shall be delivered to the custody of the new twenty-fourth community college district. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed in carrying out the powers and duties of South Puget Sound Community College on the effective date of this act, shall be made available to the new twenty-fourth community college district, on or before the effective date of this act. All funds, credits, or other assets held in connection with the powers and duties exercised with respect to South Puget Sound Community College on the effective date of this act shall be assigned to the new twenty-fourth community college district.

Any appropriations made to carry out the powers and duties exercised with respect to South Puget Sound Community College on the effective date of this act, shall on the effective date of this act be transferred and credited to the new twenty-fourth community college district for the purpose of carrying out such powers and duties.

Whenever any question arises as to the transfer of any funds, including unexpended balances within any accounts, books, documents, records, papers, files, equipment, or any other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred under this act, the state board for community college education shall make a determination as to the proper allocation and certify the same to the agencies concerned.

NEW SECTION. Sec. 5. Members of the board of trustees of the twelfth community college district who reside within the boundaries of the new twenty-fourth community college district shall be transferred to positions on the board of the twenty-fourth community college district on July 1, 1987. They shall serve until their existing term of office would have otherwise been completed. Additional trustees as needed shall be appointed to fill vacancies on the boards of the twelfth and twenty-fourth community college districts as otherwise provided in RCW 28B.50.100: PROVIDED, That the additional members of the board of trustees of the twenty-fourth community college district and the replacement members of the board of trustees of the twelfth community college district shall be appointed no later than October 1, 1986, so that they may informally participate in transition activities related to the separation: PROVIDED FURTHER, That such newly appointed trustees shall not officially take office until July 1, 1987.

NEW SECTION. Sec. 6. All rules and all pending business before the South Puget Sound Community College on the effective date of this act shall be continued and acted upon by the new twenty-fourth community college district. All existing contracts and obligations pertaining to South Puget Sound Community College on the effective date of this act shall remain in full force and effect, and shall be performed by the new twenty-fourth community college district. No transfer under sections 2 through 10 of this act shall affect the validity of any particular act performed with respect to South Puget Sound Community College or by any officer or employee thereof, before the effective date of this act.

NEW SECTION. Sec. 7. If apportionments of budgeted funds are required because of the transfers authorized in sections 2 through 10 of this act, the state board for community college education shall certify such apportionments to the districts affected, the director of financial management, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with such certification.

NEW SECTION. Sec. 8. Nothing contained in sections 2 through 10 of this act shall be construed to alter any provision of any existing collective bargaining agreement until any such agreement has expired or been modified pursuant to chapter 28B.52 RCW.

NEW SECTION. Sec. 9. Nothing in sections 2 through 10 of this act shall be construed to affect any existing rights, nor as affecting any actions, activities, or proceedings validated before the effective date of this act, nor as affecting any civil or criminal proceedings, nor any rule or order promulgated, nor any administrative action taken before the effective date of this act, and the validity of any act performed with respect to South Puget Sound Community College, or any officer or employee thereof prior to the effective date of this act, is hereby validated.

NEW SECTION. Sec. 10. The transfer of South Puget Sound Community College to the twenty-fourth district shall be effective July 1, 1987. The current board of trustees of the twelfth district shall coordinate its actions or policy decisions which impact the South Puget Sound Community College with the director of the state system of community colleges. The state board for community college education shall take such action as necessary to ensure implementation of the creation of the new twenty-fourth community college district in accordance with the provisions of sections 2 through 10 of this act on the effective date of this act.

NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.@bd

NEW SECTION. Sec. 12. Not later than January 1, 1988, the office of financial management shall report to the ways and means committees of both the house and senate the administrative cost experienced by the two newly created districts.

NEW SECTION. Sec. 13. This act shall take effect on July 1, 1987, except that sections 2, 5, and 10 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.@ed