AN ACT Relating to mosquito control districts; amending RCW 17.28.010, 17.28.020, 17.28.030, 17.28.040, 17.28.050, 17.28.060, 17.28.080, 17.28.090, 17.28.100, 17.28.120, 17.28.130, 17.28.160, 17.28.170, 17.28.252, 17.28.254, 17.28.255, 17.28.258, 17.28.310, 17.28.320, 17.28.340, 17.28.350, 17.28.370, 17.28.380, 17.28.390, 17.28.420, 17.28.430, and 17.28.450; reenacting and amending RCW 84.52.052; and adding new sections to chapter 17.28 RCW.

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

Sec. 1. Section 1, chapter 153, Laws of 1957 and RCW 17.28.010 are each amended to read as follows:

When used in this chapter, the following terms, words or phrases shall have the following meaning:

(1) "District" means any mosquito control district formed pursuant to this chapter.

(2) "Board" or "district board" means the board of trustees governing the district.

(3) ((~~"County commissioners" means the governing body of the county.~~

~~(4) "Unit" means all unincorporated territory in a proposed district in one county, regarded as an entity, or each city in a proposed district, likewise regarded as an entity.~~

~~(5) "Territory" means any city or county or portion of either or both city or county having a population of not less than one hundred persons.~~

~~(6) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof~~)) "City" means any city or town.

Sec. 2. Section 2, chapter 153, Laws of 1957 as amended by section 1, chapter 96, Laws of 1969 and RCW 17.28.020 are each amended to read as follows:

((Any number of units of a territory within the state of Washington in Adams, Benton, Franklin, Grant, Kittitas, Walla Walla and Yakima counties or any other county may be organized as a mosquito control district under the provisions of this chapter.

A petition to form a district may consist of any number of separate instruments which shall be presented at a regular meeting of the county commissioners of the county in which the greater area of the proposed district is located. Petitions shall be signed by registered voters of each unit of)) A mosquito control district may be initiated by a petition proposing the creation of the district filed with the county legislative authority of the county within which all or the greatest portion of the proposed district is located, which petition is signed by registered voters residing in the proposed district, equal in number to not less than ten percent of the votes cast in ((~~each unit respectively~~)) the proposed district for the office of governor at the last gubernatorial election prior to the time of presenting the petition.

Sec. 3. Section 3, chapter 153, Laws of 1957 and RCW 17.28.030 are each amended to read as follows:

Before a city can be included as a part of the proposed district its governing body shall have requested that the city be included by resolution, duly authenticated.

The petition requesting the formation of the district shall set forth and describe the boundaries of the proposed district and ((~~it shall request that it be organized as a mosquito control district~~)) the type or types of insects or vectors proposed to be controlled. Upon receipt of such a petition, the county legislative authority shall submit a copy of the petition to the auditor of the county in which the ((~~greater~~)) greatest area of the proposed district is located. The auditor shall be charged with the responsibility of examining the same and certifying to the sufficiency of the signatures thereon. For the purpose of examining the signatures on such petitions, the auditor shall be permitted access to the voters' registration books of each ((~~city and~~)) county ((~~located~~)) in which the proposed district is located and may appoint the respective county auditors ((~~and city clerks thereof~~)) as his or her deputies. No person may withdraw his or her name from a petition after it has been filed with the ((~~auditor~~)) county legislative authority. Within thirty days following the receipt of such petition, the auditor shall transmit the same to the ((~~board of commissioners~~)) county legislative authority of the county in which the ((~~greater~~)) greatest area of the proposed district is located, together with his or her certificate as to the sufficiency thereof.

Sec. 4. Section 4, chapter 153, Laws of 1957 and RCW 17.28.040 are each amended to read as follows:

Upon receipt of a duly certified petition with sufficient signatures, the ((~~board of commissioners~~)) county legislative authority shall cause the text of the petition and a notice of the public hearing on the creation of the proposed district to be published once a week for at least three consecutive weeks in one or more newspapers of general circulation within the ((~~county where the petition is presented and at each city a portion of which is included in the~~)) proposed district. ((~~If any portion of the proposed district lies in another county, the petition and notice shall be likewise published in that county.~~

~~Only one copy of the petition need be published even though the district embraces more than one unit.~~)) No more than five of the names attached to the petition need appear in the publication of the petition and notice, but the number of signers shall be stated.

((With the publication of the petition there shall be published a notice of the time of the meeting of the county commissioners when the petition will be considered, stating that all persons interested may appear and be heard.))

If the proposed district is located in more than one county, the county legislative authority of the county within which the petition is filed shall notify the county legislative authorities of the other counties of the sufficiency of the petition.

Sec. 5. Section 5, chapter 153, Laws of 1957 and RCW 17.28.050 are each amended to read as follows:

((~~Such~~)) A mosquito control district((s)) may also be ((~~organized upon the adoption by the county commissioners of~~)) initiated by a resolution of ((~~intention so to do,~~)) the county legislative authority of the county or counties within which the proposed district is located. This method of initiation is in lieu of the petition procedure ((~~hereinbefore provided for the presentation of petitions. In the event the county commissioners adopt a resolution of intention, such~~)). A resolution shall describe the boundaries of the proposed district, the type or types of insects or vectors to be controlled, and shall set a time and place ((~~at which they will consider~~)) for the public hearing on the organization of the district((~~, and shall state that all persons interested may appear and be heard. Such resolution of intention shall be published in the same manner and for the same length of time as a petition~~)). Notice of this public hearing shall be published as provided in RCW 17.28.040, except for inclusion of information about the petitioners.

Sec. 6. Section 6, chapter 153, Laws of 1957 and RCW 17.28.060 are each amended to read as follows:

(1) At the time stated in the notice of the filing of the petition or the time mentioned in the resolution of intention, the county ((~~commissioners~~)) legislative authority shall ((~~consider the organization~~)) hold a public hearing on the proposed creation of the district and hear those appearing and all protests and objections to it. The ((~~commissioners~~)) county legislative authority may adjourn the hearing from time to time, not exceeding two months in all.

No defect in the contents of the petition or in the title to or form of the notice or signatures, or lack of signatures thereto, shall vitiate any proceedings if the petition has a sufficient number of qualified signatures.

On the final hearing the county ((~~commissioners~~)) legislative authority shall make such changes in the proposed boundaries as are advisable, ((~~and shall~~)) define and establish the boundaries, and determine which type or types of insects or vectors are proposed to be controlled.

(2) If the proposed district is located in more than one county, a public hearing on the creation of the proposed district shall be held in each of these counties by the county legislative authority. Joint hearings may be held. The county legislative authority of a county may only make, define, and establish the boundaries of the proposed district within its county, and determine which type or types of insects or vectors listed in the petition or resolution are proposed to be controlled within its county.

Sec. 7. Section 8, chapter 153, Laws of 1957 and RCW 17.28.080 are each amended to read as follows:

((~~Upon the hearing of the petition the county commissioners~~)) The county legislative authority shall determine whether the public necessity or welfare of the area in the county located in the proposed ((~~territory~~)) district and of its inhabitants requires the formation of the proposed district((~~, and shall also determine whether the petition complies with the provisions of this chapter~~)), and for that purpose shall hear all competent and relevant testimony offered.

Sec. 8. Section 9, chapter 153, Laws of 1957 and RCW 17.28.090 are each amended to read as follows:

If, from the testimony given ((~~before the county commissioners~~)) at the public hearing, it appears to ((~~that board~~)) the county legislative authority that the public necessity or welfare requires the formation of the district, it shall((, by an order entered on its minutes, declare that to be its finding, and shall further declare and order that the territory within the boundaries so fixed and determined be organized as a district, under an appropriate name to be selected by the county commissioners, subject to approval of the voters of the district as hereinafter provided. The name shall contain the words "mosquito control district."

At the time of the declaration establishing and naming the district, the county commissioners shall by resolution call a special election to be held not less than thirty days and not more than sixty days from the date thereof, and shall cause to be published a notice of such election at least once a week for three consecutive weeks in a newspaper of general circulation in the county, setting forth the hours during which the polls will be open, the boundaries of the proposed district as finally adopted, and the object of the election. If any portion of the proposed district lies in another county, a notice of such election shall likewise be published in that county)) adopt a resolution ordering an election to authorize the creation of the district at the next special election date specified in RCW 29.13.020 that occurs forty-five or more days from the date of the resolution. The resolution shall also fix and define the boundaries of the proposed district within the county, and describe the type or types of insects or vectors sought to be controlled by the proposed district. The resolution of the county legislative authority in which all or the greatest portion of the proposed district is located shall select a name for the district. An election to authorize the organization of a mosquito control district proposed to be located in more than one county may not be held unless the resolutions by the respective county legislative authorities describe the same type or types of insects or vectors to be controlled.

The election on the formation of the mosquito control district shall be conducted by the auditor of the county in which the ((~~greater~~)) greatest area of the proposed district is located in accordance with the general election laws of the state ((and the results thereof shall be canvassed by that county's canvassing board. For the purpose of conducting an election under this section, the auditor of the county in which the greater area of the proposed district is located may appoint the auditor of any county or the city clerk of any city lying wholly or partially within the proposed district as his deputies)). This auditor may appoint the auditor of each other county in which the proposed district is located to be his or her deputy for purposes of this election and any subsequent district elections if the mosquito control district is created. Notices of the special election shall include the object of the election, a general description of the boundaries of the proposed district, and the insect or vectors sought to be controlled by the proposed district. No person shall be entitled to vote at such election unless he is a qualified voter under the laws of the state in effect at the time of such election and has resided within the proposed mosquito control district for at least thirty days preceding the date of the election. The ballot proposition shall be in substantially the following form:

"Shall a mosquito control district be established for the control of (list the insect or insects or vector or vectors sought to be controlled) in the area described in ((a)) resolution (insert the resolution number) of the ((~~board of commissioners~~)) county legislative authority of .......... county ((~~adopted on the ..... day of .......... , 19..~~ ))?

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If a majority of the persons voting on the proposition ((~~shall~~)) vote in ((~~favor thereof~~)) the affirmative, the mosquito control district shall thereupon be established to control the type or types of insects or vectors specified in the ballot and the ((~~county commissioners~~)) legislative authority of the county in which the ((~~greater~~)) greatest area of the district is situated shall immediately order the creation of the district and file for record in the office of the county auditor of each county in which any portion of the land embraced in the district is situated, and shall also forward to the ((~~county commissioners~~)) legislative authority of each of the other counties, if any, in which any portion of the district is situated, and also shall file with the secretary of state, a certified copy of the order ((~~of the county commissioners~~)). From and after the date of the filing of the certified copy with the secretary of state, the district named therein is organized as a district, with all the rights, privileges, and powers set forth in this chapter, or necessarily incident thereto with regard to the control of the type or types of insects or vectors specified in the ballot.

If a majority of the persons voting on the proposition ((~~shall~~)) vote in favor thereof, all expenses of the election shall be paid by the mosquito control district when organized. If the proposition fails to receive a majority of votes in favor, the expenses of the election shall be borne by the respective counties in which the district is located in proportion to the number of votes cast in ((~~said~~)) those counties.

Sec. 9. Section 10, chapter 153, Laws of 1957 as last amended by section 1, chapter 217, Laws of 1982 and RCW 17.28.100 are each amended to read as follows:

At the same election there ((~~shall~~)) may be submitted to the voters residing within the district, for their approval or rejection, a proposition authorizing the mosquito control district, if formed, to levy at the earliest time permitted by law on all taxable property located within the mosquito control district a general tax, for one year, of up to twenty-five cents per thousand dollars of assessed value in excess of any constitutional or statutory limitation for authorized purposes of the mosquito control district. ((~~The proposition shall be expressed on the ballots in substantially the following form:~~

~~"ONE YEAR .......... CENTS PER THOUSAND~~

~~DOLLARS OF ASSESSED VALUE LEVY~~

"Shall the mosquito control district, if formed, levy a general tax of .......... cents per thousand dollars of assessed value for one year upon all the taxable property within said district in excess of the constitutional and/or statutory tax limits for authorized purposes of the district?

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Such proposition to be effective must be approved ((~~by a majority of at least three-fifths of the persons voting on the proposition to levy such tax in the manner set forth~~)) as provided in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 59 and as thereafter amended.

NEW SECTION. Sec. 10. A new section is added to chapter 17.28 RCW to read as follows:

Any mosquito control district that exists prior to the effective date of this act is authorized to control mosquitoes as of the effective date of this act.

Sec. 11. Section 12, chapter 153, Laws of 1957 and RCW 17.28.120 are each amended to read as follows:

((~~The district board shall be called "The board of trustees of .......... mosquito control district."~~))

Each member of the board appointed by ((~~the governing body of~~)) a city shall be an elector of the city from which he or she is appointed and a resident of that portion of the city which is in the district.

Each member appointed ((~~from a county or portion of~~)) by a county shall be an elector of the county and a resident of that portion of the county which is in the district.

Each member appointed at large shall be an elector of the district.

Sec. 12. Section 13, chapter 153, Laws of 1957 and RCW 17.28.130 are each amended to read as follows:

The members of the first board in any district shall classify themselves by lot at their first meeting so that:

(1) If the total membership is an even number, the terms of one-half the members will expire at the end of one year, and the terms of the remainder at the end of two years, from the second day of the calendar year next succeeding their appointment.

(2) If the total membership is an odd number, the terms of a bare majority of the members will expire at the end of one year, and the terms of the remainder at the end of two years, from the second day of the calendar year next succeeding their appointment.

The term of each subsequent member is two years from and after the expiration of the term of his or her predecessor.

In event of the resignation, death, or disability of any member, ((~~his~~)) a successor shall be appointed by the ((~~governing body~~)) county or city, or counties or cities, which appointed ((~~him~~)) the person who vacated the position.

Sec. 13. Section 16, chapter 153, Laws of 1957 as amended by section 1, chapter 156, Laws of 1981 and RCW 17.28.160 are each amended to read as follows:

A mosquito control district organized under this chapter may:

(1) Take all necessary or proper steps for the control, abatement, or extermination of ((~~mosquitoes~~)) the type or types of insects or vectors it is authorized to control.

(2) Subject to the paramount control of the county or city in which they exist, abate as nuisances all ((~~stagnant pools of water and other breeding places for mosquitoes~~)) natural and man-made entities related to the propagation of the type or types of insects or vectors it is authorized to control.

(3) If necessary or proper, in the furtherance of the objects of this chapter, build, construct, repair, and maintain necessary dikes, levees, cuts, canals, or ditches or other measures used to control the type or types of insects or vectors it is authorized to control upon any land, and acquire by purchase, condemnation, or by other lawful means, in the name of the district, any lands, rights of way, easements, property, or material necessary for any of those purposes.

(4) Make contracts to indemnify or compensate any owner of land or other property for any injury or damage necessarily caused by the use or taking of property for dikes, levees, cuts, canals, ((or)) ditches, or other measures used to control the type or types of insects or vectors it is authorized to control.

(5) Enter upon without hindrance any lands within the district for the purpose of inspection to ascertain whether ((~~breeding places of mosquitoes~~)) natural or man-made entities related to the propagating of the type or types of insects or vectors it is authorized to control may exist upon such lands; or to abate public nuisances in accordance with this chapter; or to ascertain if notices to abate the breeding of ((~~mosquitoes~~)) such insects or vectors upon such lands have been complied with; or to treat ((~~with oil or other larvicidal material~~)) any breeding places of ((~~mosquitoes~~)) such insects or vectors upon such lands.

(6) Sell or lease any land, rights of way, easements, property or material acquired by the district.

(7) Issue warrants payable at the time stated therein to evidence the obligation to repay money borrowed or any other obligation incurred by the district, warrants so issued to draw interest ((~~at a rate fixed by the board payable annually or semiannually~~)) as the board may prescribe.

(8) Make contracts with the United States, or any state, municipality, or any department of those entities for carrying out the general purposes ((~~for which~~)) of the district ((~~is formed~~)).

(9) Acquire by gift, devise, bequest, lease, or purchase, real and personal property necessary or convenient for its purposes.

(10) Make contracts, employ engineers, health officers, sanitarians, physicians, laboratory personnel, attorneys, and other technical or professional assistants; and publish information or literature and do any and all other things necessary or incident to the powers granted by, and to carry out the projects specified in this chapter.

Sec. 14. Section 17, chapter 153, Laws of 1957 as amended by section 2, chapter 64, Laws of 1959 and RCW 17.28.170 are each amended to read as follows:

Any breeding or propagating place for ((~~mosquitoes~~)), the type or types of insects or vectors the district is authorized to control which exist((s)) by reason of any use made of the land on which it is found or of any artificial change in its natural condition is a public nuisance: PROVIDED, That conditions or usage of land which are beyond the control of the landowner or are not contrary to normal, accepted practices of water or land usage in the district, shall not be considered a public nuisance.

The nuisance may be abated in any action or proceeding, or by any remedy provided by law.

Sec. 15. Section 4, chapter 64, Laws of 1959 as amended by section 3, chapter 195, Laws of 1973 1st ex. sess. and RCW 17.28.252 are each amended to read as follows:

A mosquito control district shall have the power to levy ((~~additional~~)) taxes in excess of the constitutional and/or statutory limitations for any of the authorized purposes of such district, not in excess of fifty cents per thousand dollars of assessed value per year when authorized so to do by the electors of such district ((~~by a three-fifths majority of those voting on the proposition~~)) in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 59 and as thereafter amended ((at such time as may be fixed by the board of trustees for the district, which special election may be called by the board of trustees of the district, at which special election the proposition of authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "Yes" and those opposing thereto to vote "No". Nothing herein shall be construed to prevent holding the foregoing special election at the same time as that fixed for a general election)).

Sec. 16. Section 6, chapter 64, Laws of 1959 and RCW 17.28.254 are each amended to read as follows:

It is hereby declared that whenever the public necessity or welfare has required the formation of a mosquito control district or expansion of the particular type or types of insects or vectors to be controlled by a mosquito control district, the control, abatement, or extermination of mosquitoes or such insects or vectors within the district that the district is authorized to control is of direct, economic benefit to the land located within such district and is necessary for the protection of the public health, safety and welfare of those residing therein.

Sec. 17. Section 7, chapter 64, Laws of 1959 and RCW 17.28.255 are each amended to read as follows:

The board of trustees shall annually determine the amount of money necessary to carry on the operations of the district and shall classify the property therein in proportion to the benefits to be derived from the operations of the district and in accordance with such classification shall ((~~apportion and assess~~)) obtain such money by apportioning and assessing the several lots, blocks, tracts, and parcels of land or other property within the district, ((~~which~~)) or by imposing excess property tax levies, or both. The assessments shall be collected with the general taxes of the county or counties.

Sec. 18. Section 10, chapter 64, Laws of 1959 and RCW 17.28.258 are each amended to read as follows:

The county treasurer shall collect all mosquito control district assessments, and the duties and responsibilities herein imposed upon ((~~him~~)) the treasurer shall be among the duties and responsibilities of his or her office for which his or her bond is given as county treasurer. The collection and disposition of revenue from such assessments and the depositary thereof shall be the same as for tax revenues of such districts as provided in RCW 17.28.270.

Sec. 19. Section 31, chapter 153, Laws of 1957 and RCW 17.28.310 are each amended to read as follows:

It shall be the duty of the assessor of each county lying wholly or partially within the district to certify annually to the board the aggregate assessed valuation of all taxable property in his or her county situated in any mosquito control district as the same appears from the last assessment roll of his or her county.

Sec. 20. Section 32, chapter 153, Laws of 1957 and RCW 17.28.320 are each amended to read as follows:

Any territory ((~~contiguous to a district~~)) may be annexed to the district.

If the territory to be annexed is in a city, consent to the annexation shall first be obtained from the governing body of the city. An authenticated copy of the resolution or order of that body consenting to the annexation shall be attached to the annexation petition.

NEW SECTION. Sec. 21. A new section is added to chapter 17.28 RCW to read as follows:

A board may submit a ballot proposition to the voters of the district to authorize the district to control one or more additional types of insects or vectors. The board shall hold a public hearing on the assumption of such additional authority prior to submitting such a ballot proposition to the voters. The special election at which the ballot proposition is submitted shall be held at one of the special election dates specified in RCW 29.13.020. The district shall be authorized to control such additional type or types of insects or vectors if the voters, voting on the ballot proposition, approve the additional authority by a simple majority vote.

Sec. 22. Section 34, chapter 153, Laws of 1957 and RCW 17.28.340 are each amended to read as follows:

If upon the hearing the district board finds that the petition and the proceedings thereon meet the requirements of this chapter and that it is desirable and to the interests of the district and of the territory proposed to be annexed that the territory, with boundaries as fixed and determined by the district board, or any portion of it, should be annexed to the district, the board shall ((order the boundaries of the district changed to include the territory, or portion of the territory, subject to approval of the electors of the territory proposed to be annexed. The election to be conducted and the returns canvassed and declared insofar as is practicable in accordance with the requirements of this chapter for the formation of a district)) cause a special election to be held in the area proposed to be annexed for the voters of that area to approve or reject the annexation. Approval of the annexation shall be by a simple majority vote of the voters of the area who vote on the ballot proposition. The expenses of such election shall be borne by the mosquito control district regardless of the outcome of the election.

((The order of annexation shall describe the boundaries of the annexed territory and that portion of the boundary of the district which coincides with any boundary of the territory. If necessary in making this order, the board may have any portion of the boundaries surveyed.))

If more than one petition for the annexation of the territory has been presented, the district board may in one order include in the district any number of separate territories.

Sec. 23. Section 35, chapter 153, Laws of 1957 and RCW 17.28.350 are each amended to read as follows:

((~~The~~)) If the annexation is approved by the voters, an order of annexation shall be entered in the minutes of the board and certified copies shall be filed with the secretary of state and with the county clerk and county auditor of each county in which the district or any part of it is situated.

From and after the date of the filing and recording of the certified copies of the order, the territory described in the order is a part of the district, with all the rights, privileges, and powers set forth in this act and those necessarily incident thereto.

After the annexation of territory to a district, the district board shall consist of the number of members and shall be appointed in the manner prescribed by this chapter for a district formed originally with boundaries embracing the annexed territory. However, the members of the district board in office at the time of the annexation shall continue to serve as members during the remainder of the terms for which they were appointed.

Sec. 24. Section 37, chapter 153, Laws of 1957 and RCW 17.28.370 are each amended to read as follows:

Should it appear that two-thirds of the members of each of the boards of districts proposed to be consolidated favor consolidation each of said boards shall then, by a vote of not less than two-thirds of its members adopt a concurrent resolution in favor of consolidation, declaring its willingness to consolidate, specifying a name for the consolidated district. Immediately upon the adoption of said concurrent resolution a copy of same signed by not less than two-thirds of the members of each board shall be forwarded to the county ((~~commissioners~~)) legislative authority of the county in which all of or ((~~a major~~)) the greatest portion of the land of all, the districts consolidated are situated. The concurrent resolution shall indicate the type or types of insects or vectors proposed to be controlled by the consolidated district.

Sec. 25. Section 38, chapter 153, Laws of 1957 and RCW 17.28.380 are each amended to read as follows:

When the concurrent resolution for consolidation has been adopted, ((~~each board of the districts proposed for consolidation shall forthwith call~~)) a ballot proposition to authorize the consolidation shall be submitted to the voters of each of the districts at a special election ((~~in its district in which shall be presented to the electors of the districts the question whether the consolidation shall be effected~~)) to be held at one of the special election dates specified in RCW 29.13.020. The ballot proposition shall specify the type or types of insects or vectors proposed to be controlled by the consolidated district.

The election shall be conducted and the returns canvassed and declared insofar as is practicable in accordance with the requirements of this chapter for the formation of a district.

((The board of each district shall declare the returns of the election in its district, and shall certify the results to the county commissioners of the county in which all the districts, or the major portion of the land of all the districts, are situated.))

Sec. 26. Section 39, chapter 153, Laws of 1957 and RCW 17.28.390 are each amended to read as follows:

((~~Should~~)) The consolidation shall be authorized if not less than ((~~two-thirds~~)) a simple majority of the votes of each of the respective districts proposed to be consolidated favor consolidation ((~~the county commissioners~~)). If the consolidation is authorized, the county legislative authority of the county in which all or the greatest portion of all the land is located shall immediately:

(1) Enter an order on its minutes consolidating all of the districts proposed for consolidation into one district with name as specified in the concurrent resolution and for the purpose of controlling the type or types of insects or vectors specified in the ballot proposition.

(2) Transmit a certified copy of the order to the ((~~county commissioners~~)) legislative authority of any other county in which any portion of the consolidated district is situated.

(3) Record a copy in the office of the county auditor of each of the counties in which any portion of the consolidated district is situated.

(4) File a copy in the office of the secretary of state.

After the transmission, recording and filing of the order, the territory in the districts entering into the consolidation proposal forms a single consolidated district.

NEW SECTION. Sec. 27. A new section is added to chapter 17.28 RCW to read as follows:

The procedure to simultaneously create a county-wide mosquito control district and merge any mosquito control districts within the boundaries of the proposed district with the proposed district shall proceed as for the creation of any other district, except the board of each district located within the boundaries of the proposed district must adopt a resolution concurring with its inclusion within the proposed district by a two-thirds vote. A new, county-wide district shall be created, and the previous districts within its boundaries shall be consolidated with the new district, when the certified copy of the order creating the new district is filed with the secretary of state. The new district shall have the authority to control the type or types of insects or vectors specified in the ballot proposition that is approved by the voters.

Sec. 28. Section 42, chapter 153, Laws of 1957 and RCW 17.28.420 are each amended to read as follows:

((~~The~~)) A district may at any time be dissolved upon the affirmative vote of ((~~two-thirds~~)) a simple majority of the ((~~qualified electors in the~~)) district voters at a special election ((~~called by the district board upon the question~~)). A proposition to dissolve a district shall be submitted to the district voters upon the filing of a petition proposing the dissolution that has been signed by at least ten percent of the votes cast in the district for the office of governor at the last gubernatorial election, or upon the adoption of a resolution by the board proposing the dissolution. The special election shall be held on one of the special election dates specified in RCW 29.13.020. The question shall be submitted as, "Shall the district be dissolved?", or words to that effect.

Notice of the election shall be published at least once a week for at least four weeks prior to the date of the election in a newspaper of general circulation in each county of the district.

Sec. 29. Section 43, chapter 153, Laws of 1957 and RCW 17.28.430 are each amended to read as follows:

Should ((~~two-thirds or more~~)) a simple majority of the votes at the election favor dissolution, the ((~~district board~~)) legislative authority of the county in which all or the greatest portion of the district is located shall certify that fact to the secretary of state. Upon receipt of such certification the secretary of state shall issue ((~~his~~)) a certificate reciting that the district (naming it) has been dissolved, and shall transmit to and file a copy with the ((~~county clerk~~)) legislative authority of each county in which any portion of the district is situated.

After the date of the certificate of the secretary of state, the district is dissolved.

Sec. 30. Section 45, chapter 153, Laws of 1957 and RCW 17.28.450 are each amended to read as follows:

If, at the time of election to dissolve, a district has outstanding any indebtedness, the vote to dissolve the district dissolves it for all purposes except the levy and collection of taxes for the payment of the indebtedness, and expenses of assessing, levying, and collecting such taxes.

Until the indebtedness is paid, the ((~~county commissioners~~)) legislative authority of the county in which all or the ((~~greater~~)) greatest portion of the district was situated shall act as the ex officio district board and shall levy taxes and perform such functions as may be necessary in order to pay the indebtedness.

Sec. 31. Section 19, chapter 2, Laws of 1983 as amended by section 11, chapter 130, Laws of 1983, by section 16, chapter 303, Laws of 1983, and by section 10, chapter 315, Laws of 1983 and RCW 84.52.052 are each reenacted and amended to read as follows:

The limitations imposed by RCW 84.52.050 through 84.52.056, and RCW 84.52.043 shall not prevent the levy of additional taxes by any taxing district except school districts in which a larger levy is necessary in order to prevent the impairment of the obligation of contracts. Any county, metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, flood control zone district, mosquito control district, county rail district, service district, public hospital district, road district, rural county library district, island library district, intercounty rural library district, fire protection district, cemetery district, city, town, or cultural arts, stadium, and convention district may levy taxes at a rate in excess of the rate specified in RCW 84.52.050 through 84.52.056 and RCW 84.52.043, or RCW 84.55.010 through 84.55.050, when authorized so to do by the electors of such county, metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, flood control zone district, mosquito control district, county rail district, service district, public hospital district, road district, rural county library district, island library district, intercounty rural library district, fire protection district, cemetery district, city, town, or cultural arts, stadium, and convention district in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 64 and as thereafter amended, at a special or general election to be held in the year in which the levy is made.

A special election may be called and the time therefor fixed by the county legislative authority, or council, board of commissioners, or other governing body of any metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, flood control zone district, mosquito control district, county rail district, service district, public hospital district, road district, rural county library district, island library district, intercounty rural library district, fire protection district, cemetery district, city, town, or cultural arts, stadium, and convention district, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no."

NEW SECTION. Sec. 32. 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.