AN ACT Relating to the creation of Skykomish county, subject to the requirements of the state Constitution and statutes in respect to the establishment of new counties; amending RCW 36.04.310, 36.04.170, 36.04.040, 2.08.064, and 3.34.010; adding a new section to chapter 36.04 RCW; creating new sections; providing an effective date; providing a contingent effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that the population of the proposed Skykomish county, and the areas remaining in Snohomish county and King county after the creation of Skykomish county, meet the population requirements in Article XI, section 3 of the state Constitution, and that petitions exist proposing the creation of Skykomish county with sufficient valid signatures under the requirements of Article XI, section 3 of the state Constitution, to allow the legislature to create Skykomish county.

PART I - ELECTION

NEW SECTION. Sec. 101. At the next general election after the effective date of this section, the question of creation of Skykomish county shall be submitted to the voters residing within the boundaries of the proposed Skykomish county. The question shall be presented on the ballot in substantially the following form: Shall the new county of Skykomish be created? - yes or no? If a majority of those voting on the question vote in favor of creation of Skykomish county, Skykomish county shall be created as provided in this act. If a majority of those voting on the question vote against creation of Skykomish county, Skykomish county shall not be created and sections 201 through 204, 301 through 313, 401 through 404, 501 through 504, 601, and 602 of this act are null and void.

NEW SECTION. Sec. 102. Thirty days before the election required in section 101 of this act, the Snohomish county auditor shall establish three commissioner districts in the proposed Skykomish county subject to the criteria in RCW 29.70.100(4). These county commissioner districts shall be used as provided in RCW 36.32.040 for residency purposes and in a primary and general election as provided in section 303 of this act to nominate candidates for the county commissioner position from each district. The commissioner districts shall remain in effect unless altered by the interim board of county commissioners or a subsequent board of county commissioners.

NEW SECTION. Sec. 103. The Snohomish county auditor shall conduct the election described in section 101 of this act. The King county auditor shall cooperate with the Snohomish county auditor with respect to the area of the proposed Skykomish county that is in King county. The cost of conducting the election shall be paid by Snohomish county if Skykomish county is not created. If Skykomish county is created, Skykomish county shall reimburse Snohomish county for all election costs including the election to create Skykomish county, and the primary and general election to elect the interim county officers.

NEW SECTION. Sec. 104. Skykomish county shall consist of the territory bounded as follows, to wit: Commencing at the point where the east margin of the High Bridge road intersects with the boundary of King county at the township line between townships twenty-six and twenty-seven north of the Willamette Meridian; thence east along this township line between townships twenty-six and twenty-seven north to its intersection with the range line between ranges nine and ten east; thence south along this range line between ranges nine and ten east to its intersection with the township line between townships twenty-five and twenty-six north; thence east along this township line between townships twenty-five and twenty-six north to its intersection with the summit of the Cascade mountains; thence northerly along the summit of the Cascade mountains to its intersection with the township line between townships twenty-nine and thirty north; thence west along this township line between townships twenty-nine and thirty north to its intersection with the east margin of the Northern Pacific railroad right of way, which is also known as centennial trail, as it exists on January 1, 1997; thence southerly along this east margin of the Northern Pacific railroad right of way to its intersection with the boundaries of the city of Snohomish, as those boundaries existed on January 1, 1997; thence southerly and easterly and thence westerly along these boundaries of the city of Snohomish, as those boundaries existed on January 1, 1997, to their intersection with the Snohomish river; thence west to the centerline of the main channel of the Snohomish river; thence southerly upstream along this centerline of the main channel of the Snohomish river to its intersection with the centerline of the main channel of the Snoqualmie river; thence southerly upstream along this centerline of the main channel of the Snoqualmie river to its intersection with the southern margin of Crescent Lake road; thence southwesterly along this southern margin of the Crescent Lake road to its intersection with the east margin of High Bridge road; thence southerly along this east margin of High Bridge road to the place of beginning.

PART II - LEGAL DESCRIPTIONS

NEW SECTION. Sec. 201. A new section is added to chapter 36.04 RCW to read as follows:

Skykomish county shall consist of the territory bounded as follows, to wit: Commencing at the point where the east margin of the High Bridge road intersects with the boundary of King county at the township line between townships twenty-six and twenty-seven north of the Willamette Meridian; thence east along this township line between townships twenty-six and twenty-seven north to its intersection with the range line between ranges nine and ten east; thence south along this range line between ranges nine and ten east to its intersection with the township line between townships twenty-five and twenty-six north; thence east along this township line between townships twenty-five and twenty-six north to its intersection with the summit of the Cascade mountains; thence northerly along the summit of the Cascade mountains to its intersection with the township line between townships twenty-nine and thirty north; thence west along this township line between townships twenty-nine and thirty north to its intersection with the east margin of the Northern Pacific railroad right of way, which is also known as centennial trail, as it exists on January 1, 1997; thence southerly along this east margin of the Northern Pacific railroad right of way to its intersection with the boundaries of the city of Snohomish, as those boundaries existed on January 1, 1997; thence southerly and easterly and thence westerly along these boundaries of the city of Snohomish, as those boundaries existed on January 1, 1997, to their intersection with the Snohomish river; thence west to the centerline of the main channel of the Snohomish river; thence southerly upstream along this centerline of the main channel of the Snohomish river to its intersection with the centerline of the main channel of the Snoqualmie river; thence southerly upstream along this centerline of the main channel of the Snoqualmie river to its intersection with the southern margin of Crescent Lake road; thence southwesterly along this southern margin of the Crescent Lake road to its intersection with the east margin of High Bridge road; thence southerly along this east margin of High Bridge road to the place of beginning.

Sec. 202. RCW 36.04.310 and 1877 p 426 s 3 are each amended to read as follows:

Snohomish county shall consist of the territory bounded as follows, to wit: Commencing at the southwest corner of Skagit county; thence east along the eighth standard parallel to the summit of the Cascade mountains; thence southerly along the summit of the Cascade mountains to ((~~the northeast corner of King county, it being a point due east of the northeast corner of township twenty-six north, range four east~~)) its intersection with the township line between townships twenty-nine and thirty north; thence west along this township line between townships twenty-nine and thirty north to its intersection with the east margin of the Northern Pacific railroad right of way, which is also known as centennial trail, as it exists on January 1, 1997; thence southerly along this east margin of the Northern Pacific railroad right of way to its intersection with the boundaries of the city of Snohomish, as those boundaries existed on January 1, 1997; thence southerly and easterly and thence westerly along the boundaries of the city of Snohomish, as those boundaries existed on January 1, 1997, to their intersection with the Snohomish river; thence west to the centerline of the main channel of the Snohomish river; thence southerly upstream along this centerline of the main channel of the Snohomish river to its intersection with the centerline of the main channel of the Snoqualmie river; thence southerly upstream along this centerline of the main channel of the Snoqualmie river to its intersection with the southern margin of Crescent Lake road; thence southwesterly along this southern margin of the Crescent Lake road to its intersection with the east margin of High Bridge road; thence southerly along this east margin of High Bridge road to its intersection with the boundary of King county at the township line between townships twenty-six and twenty-seven north; thence due west along the north boundary of King county to Puget Sound; thence northerly along the channel of Puget Sound and Possession Sound to the entrance of Port Susan, including Gedney Island; thence northerly up the main channel of Port Susan to the mouth of the Stillaguamish river; thence northwesterly through the channel of the slough at the head of Camano Island, known as Davis Slough; thence northerly to the place of beginning.

Sec. 203. RCW 36.04.170 and 1 H.C. s 13 are each amended to read as follows:

King county shall consist of the territory bounded as follows, to wit: Beginning at the point of intersection of the center of East Passage (also known as Admiralty Inlet) on Puget Sound and the northerly line of the Puyallup Indian Reservation (projected northwesterly); thence southeasterly in a straight line along said northerly line of Puyallup Indian Reservation and same extended to a point on the east line of section thirty-one, township twenty-one, north, range four east, Willamette Meridian; thence south along said east line of section thirty-one, township twenty-one, range four east, Willamette Meridian, to the township line between township twenty north and township twenty-one north (being the fifth standard parallel north); thence east along said township line between township twenty north and township twenty-one north to the middle of the main channel of White river, near the northeast corner of section three, township twenty north, range five east, Willamette Meridian; thence upstream along the middle of the main channel of White river to the forks of White river and Greenwater river; thence upstream along the middle of the main channel of the Greenwater river to the forks of the Greenwater river and Meadow creek; thence upstream along the middle of the main channel of Meadow creek to the summit of the Cascade mountains, at a point known as Naches Pass, said point lying in the southwest quarter of section thirty-five, township nineteen north, range eleven east, Willamette Meridian; thence northerly along the summit of the Cascade mountains to ((~~a point on~~)) its intersection with the township line between townships ((~~twenty-six north and township twenty-seven north, said point lying near the north quarter-corner of section three, township twenty-six north, range thirteen east, Willamette Meridian~~)) twenty-five and twenty-six north; thence west along this township line between townships twenty-five and twenty-six north to its intersection with the range line between ranges nine and ten east; thence north along this range line between ranges nine and ten east to its intersection with the township line between townships twenty-six and twenty-seven north; thence west along said township line between township twenty-six north and twenty-seven north to the middle of the channel known as Admiralty Inlet on Puget Sound; thence southerly along said middle of channel known as Admiralty Inlet through Colvo's Passage (West Passage) on the west side of Vashon Island to a point due north of Point Defiance; thence southeasterly along middle of channel between Vashon Island and Point Defiance (Dalcos Passage) to a point due south of Quartermaster Harbor; thence northeasterly along middle of channel known as Admiralty Inlet to point of beginning.

Sec. 204. RCW 36.04.040 and 1899 c 95 s 1 are each amended to read as follows:

Chelan county shall consist of the territory bounded as follows, to wit: Beginning at the point of intersection of the middle of the main channel of the Columbia river with the fifth standard parallel north, thence running west along said fifth standard parallel north to the point where said fifth standard parallel north intersects the summit of the main divide between the waters flowing northerly and easterly into the Wenatchee and Columbia rivers, and the waters flowing southerly and westerly into the Yakima river, thence in a general northwesterly direction along the summit of said main divide between the waters flowing northerly and easterly into the Wenatchee and Columbia rivers and the waters flowing southerly and westerly into the Yakima river, following the course of the center of the summit of the watershed dividing the said respective waters, to the center of the summit of the Cascade mountains, at the eastern boundary line of King county; thence north along the east boundary lines of King, Skykomish, Snohomish, and Skagit counties to the point upon the said east boundary of Skagit county, where said boundary is intersected by the watershed between the waters flowing northerly and easterly into the Methow river and the waters flowing southerly and westerly into Lake Chelan, thence in a general southeasterly direction along the summit of the main divide between the waters flowing northerly and easterly into the Methow river and the waters flowing westerly and southerly into Lake Chelan and its tributaries; following the course of the center of the summit of the watershed dividing said respective waters, to the point where the seventh standard parallel north intersects said center of the summit of said watershed; thence east along the said seventh standard parallel north to the point of intersection of the middle of the main channel of the Columbia river with said seventh standard parallel north; thence down the middle of the main channel of the Columbia river to the point of beginning.

PART III - TRANSITION PERIOD AND OFFICIAL DATE OF CREATION

NEW SECTION. Sec. 301. The official date of creating Skykomish county shall be January 1, 1999. As provided in section 305 of this act, an interim transition period shall exist commencing on the date the interim elected officials of Skykomish county assume office and continuing until the official date of creating Skykomish county.

The following shall occur during this interim period: (1) County facilities and services will continue to be provided by Snohomish county in those portions of Snohomish county that will be stricken and become part of Skykomish county and by King county in those portions of King county that will be stricken and become part of Skykomish county; (2) property and activities in the portion of Snohomish county that will become part of Skykomish county shall remain subject to the governmental jurisdiction and taxing authority of Snohomish county, and property and activities in the portion of King county that will become part of Skykomish county shall remain subject to the governmental jurisdiction and taxing authority of King county; (3) interim elected officials for Skykomish county shall assume partial jurisdiction to provide for a smooth transition of the area into Skykomish county; and (4) the voters of Skykomish county shall be the resident voters of Snohomish county and King county who reside in what will become Skykomish county, and these Skykomish county voters shall elect the elected officials for Skykomish county who assume office at the end of the interim period and shall vote on any ballot propositions submitted to them by the interim board of county commissioners of Skykomish county.

To avoid double voting powers, the voters of Snohomish and King counties during this interim period shall only be the voters of those counties residing in what will remain of Snohomish county or King county on the official date of creating Skykomish county and voters of Skykomish county shall not participate in any county election matters relating to Snohomish or King counties. During the period from the effective date of this section until the official date of creating Skykomish county, any ballot proposition authorizing debt or excess levies for King county or Snohomish county shall only encumber the property in King county or Snohomish county as the boundaries exist on the official date of creating Skykomish county.

During the interim period, Snohomish and King counties shall receive federal, state, and other moneys allocated to those counties as if Skykomish county were not created. Skykomish county shall be eligible to receive federal, state, and other moneys after the official date of creating the county.

NEW SECTION. Sec. 302. Interim elected officials of Skykomish county shall be elected in 1998 for each of the elected positions of a county with the population of Skykomish county as specified under RCW 36.16.030. The Snohomish county auditor shall open a three day special filing period for persons to file declarations of their candidacies for the interim county elected officials for Skykomish county. The filing period shall be the first three business days following the date of certification of the election to form Skykomish county. A primary shall be held to nominate candidates for Skykomish county elected positions at the February, 1998 special election date specified in RCW 29.13.010. Each candidate for the office of county commissioner shall file for one of the three separate county commissioner positions and county commissioner districts shall be used to nominate candidates for the interim offices of county commissioner. The candidates' names shall appear on the ballot in alphabetical order under the title of the position for which each has filed.

An election shall be held to elect the interim county elected officials at the April, 1998 election date specified in RCW 29.13.010. The newly elected county officials shall assume office immediately upon the certification of the election with limited powers during the interim period as provided in this act and full powers commencing January 1, 1999. The county officials elected in 1998 shall hold office until their successors are elected, qualified, and assume office in January 1, 2000.

NEW SECTION. Sec. 303. A primary and general election shall be held at the normal times in 1999 to nominate and elect the successors of the county officials elected in 1998, who shall take office on January 1, 2000. This primary and general election shall be conducted by the Skykomish county auditor, with the assistance of Snohomish and King county election officials. The two county commissioners who are elected receiving the two greatest numbers of votes shall be elected to four-year terms of office, and the other county commissioner who is elected shall be elected to a two-year term of office. All the other county elected officials shall be elected to four-year terms of office.

NEW SECTION. Sec. 304. All ordinances, rules, and regulations of Snohomish county that were in effect in the portion of Skykomish county that will be stricken from Snohomish county, and all ordinances, rules, and regulations of King county that were in effect in the portion of Skykomish county that will be stricken from King county, shall remain in effect until the effective date of an amendment or repeal of these ordinances, rules, or regulations by the board of county commissioners of Skykomish county.

NEW SECTION. Sec. 305. An interim period shall exist commencing on the date the interim Skykomish county elected officials assume office and continuing until the official date of creating Skykomish county.

During this interim period, the interim county elected officials are authorized to provide for the transition of the area into Skykomish county, including the authority to adopt ordinances that become effective on or after the official date of creating Skykomish county 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 official date of creating Skykomish county.

The first meeting of the interim board of county commissioners of Skykomish county shall be held within one week of the certification of the results of their elections at a time, date, and place in Skykomish county designated by the Snohomish county executive. The Snohomish county executive shall cause notice of this first meeting to be published and provide for facilities and staffing for this first meeting. The person elected as an interim county commissioner of Skykomish county receiving the greatest number of votes shall act as the temporary chair of that first meeting until the interim board of county commissioners elects its chair, which shall be its first order of business.

Proposed county ordinances that are considered by the interim board of commissioners 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 interim board of commissioners at its initial meeting shall be published after they are adopted.

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

During the interim period, the interim 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, Skykomish county and the interim county elected officials shall be 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 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 interim 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 36.32.270, 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, Skykomish county is subject to indebtedness limitations provided for a county in chapter 39.36 RCW, and Skykomish 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 Skykomish county were officially created.

During the interim period, the interim board of county commissioners may submit ballot propositions to the voters of Skykomish county authorizing single year excess property tax levies as provided in RCW 84.52.052, as well as 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, with the property taxes to be collected in 1999 and thereafter.

During the interim period, the interim board of county commissioners shall impose property taxes for Skykomish county and all taxing districts with boundaries in Skykomish county in 1998 for collection in 1999. For purposes of RCW 84.09.030 establishing the boundaries of taxing districts to impose property taxes in 1998 for collection in 1999, the boundaries of Skykomish county shall be as established in this act, the boundaries of Snohomish county shall be established to remove the portion of that county that is stricken to create Skykomish county, the boundaries of King county shall be established to remove the portion of that county that is stricken to create Skykomish county, the boundaries of the road district in Snohomish county shall include all territory in the Snohomish county road district after any territory in Skykomish county is stricken, the boundaries of the road district in King county shall include all territory in the King county road district after any territory in Skykomish county is stricken, and a single road district shall exist in Skykomish county that includes all unincorporated territory in Skykomish county.

During the interim period, the interim board of county commissioners may adopt ordinances imposing excise taxes that counties are authorized to impose, to be collected after the official date of creation, 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 Skykomish county on the official date of creating Skykomish county. RCW 82.14.036 shall apply during the interim period.

NEW SECTION. Sec. 306. (1) During the interim period, meetings of the interim board of county commissioners may be held at any location within Skykomish county selected by the interim board of county commissioners. The county voters shall make the selection of the permanent county seat at the general election in 1998.

(2) A city, town, or other commonly named area within Skykomish county may be nominated as the permanent county seat in a petition submitted to and validated by the interim Skykomish county auditor, with the assistance of the Snohomish and King county auditors or election officials, that has been signed by voters residing in Skykomish county equal in number to at least one percent of the votes cast in Skykomish county in the 1997 general election. The petition shall be filed with the Skykomish county auditor during the regular filing period for the 1998 general election.

(3) The ballot proposition to select the county seat must list the names of the nominated cities, towns, or commonly named areas alphabetically. Each voter may select a single nominee. The nominee receiving the greatest number of votes shall be the permanent county seat of Skykomish county effective on the official date of creating Skykomish county until removed under general law.

NEW SECTION. Sec. 307. The department of community, trade, and economic development shall establish an initial annual salary for each elected official position in Skykomish county. The annual salary for each county elected official position in Skykomish 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, trade, and economic development establishing these annual salaries shall be final. The salary shall be paid during the interim period and thereafter until altered by the board of county commissioners of Skykomish county.

NEW SECTION. Sec. 308. Snohomish and King counties shall assist Skykomish county from the effective date of this section through the interim period and after the interim period for a reasonable period until Skykomish county is able to handle its affairs, including, but not limited to, providing services, work, staff, materials, supplies, equipment, and other property, and loaning money to Skykomish county.

Skykomish county shall pay Snohomish county and King county for the value of assistance those counties provide to Skykomish county after the interim period, which could be in the form of crediting the value of this assistance against any amount that Snohomish county or King county may be required to provide Skykomish county under sections 401 through 404 of this act.

Snohomish and King counties shall continue financing maintenance and construction of county facilities and providing county services in Skykomish county from the effective date of this section through the interim period as if Skykomish county were not authorized to be created. During the period from the effective date of this section through the interim period, each officer of Snohomish and King counties shall retain authority over the portions in those counties of what will become Skykomish county as if Skykomish county were not authorized to be created.

NEW SECTION. Sec. 309. Budgets for the interim period and the initial budget for Skykomish county effective for the first calendar year after the interim period shall be adopted as provided in this section.

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

In addition, the interim board of county commissioners shall adopt a budget for calendar year 1999 and may impose property taxes in 1998 to be collected in 1999. A public hearing shall be held on the proposed budget for this budget prior to 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 interim 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 official date of creation. Any taxpayer may appear and be heard for or against any part of the budget. The interim 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 thereafter before the official date of creation.

NEW SECTION. Sec. 310. During the interim period, the interim board of county commissioners may borrow money from the state treasurer in amounts and on terms deemed prudent and reasonable by the state treasurer. The state treasurer may withhold moneys from the funds otherwise payable to the new county to assure repayment.

NEW SECTION. Sec. 311. Counties, cities, towns, and other local government agencies and state agencies may make loans of staff and equipment, and technical and financial assistance to Skykomish county during the interim period to facilitate its transition. Such loans and assistance may be with or without compensation.

NEW SECTION. Sec. 312. The department of community, trade, and economic development shall identify federal, state, and local agencies that should receive notification that Skykomish county is about to be created and shall assist Skykomish county during its interim period in providing such notification to the identified agencies.

NEW SECTION. Sec. 313. The interim county officers of Skykomish county during the interim period are subject to all state laws limiting the authority of or imposing obligations on such offices as if the new county were fully established.

PART IV - DEBTS AND LIABILITIES, PROPERTY, AND ASSETS

NEW SECTION. Sec. 401. Skykomish county shall be liable for a just proportion of the debts and liabilities of Snohomish county and King county, and entitled to its just proportion of the property and assets of Snohomish county and King county.

The division and distribution of these debts and liabilities, property, and assets shall be determined as provided in sections 402 and 403 of this act, and the provisions of chapter 36.09 RCW shall not apply to the just distribution of these debts and liabilities, property, and assets.

NEW SECTION. Sec. 402. A negotiation party shall be appointed to distribute the debts and liabilities, property, and assets of Snohomish county between Snohomish county and Skykomish county, and a separate negotiation party shall be appointed to distribute the debts and liabilities, property, and assets of King county between King county and Skykomish county.

Each negotiation party shall consist of six persons, three appointed by the executive of either Snohomish county or King county and the other three appointed by the interim board of county commissioners of Skykomish county.

The first meeting of each negotiation party shall be at a convenient time, date, and place designated by the Snohomish county executive or the King county executive, which must be within thirty days after the date members of the interim board of county commissioners of Skykomish county assume office. If an impasse is reached in the negotiations of either negotiating party, either the parent county or Skykomish county may petition the department of community, trade, and economic development to engage in, and the department of community, trade, and economic development is authorized to provide, arbitration to determine the just division and distribution of the debts and liabilities, property, and assets. The results of the arbitration are binding on the parent county and Skykomish county.

NEW SECTION. Sec. 403. (1) The division and distribution of debts and liabilities, property, and assets of Snohomish county between Skykomish county and Snohomish county shall conform with the requirements and policies contained in this section. The division and distribution of debts and liabilities, property, and assets of King county between Skykomish county and King county shall conform with the requirements and policies contained in this section.

As used in this section, the term "parent county" shall mean King county or Snohomish county.

(2) The physical location of real property, including roads and bridges, shall determine ownership of the real property. Real property of a parent county that is located within Skykomish county shall become the property of Skykomish county upon creation. All real property, including roads and bridges, of a parent county that is located within what will remain of the parent county shall remain the property of the parent county. There shall be no valuation, financial apportionment of equities, or compensation for equities of real property, roads, and bridges.

Any radio communication facilities located in Skykomish county, King county, or Snohomish county deemed necessary by the respective counties for the health, safety, and welfare shall be subject to a long-term lease negotiated by the respective negotiating parties during the interim period.

(3) Skykomish county shall be liable to the parent counties for any debts and liabilities of the parent counties associated with real property, including roads and bridges, located in Skykomish county of which it obtains ownership. Any debts or liabilities associated with real property, including roads and bridges, located within Snohomish county or King county after the creation of Skykomish county of which either parent county retains ownership shall be the liability of the parent counties respectively.

(4) All equipment owned by a parent county that is used in administration, construction, or maintenance of roads or bridges must be apportioned between Skykomish county and a parent county, so that Skykomish county receives a portion of this equipment that is in the same proportion that the number of miles of county roads in Skykomish county, that were part of that parent county, is to the total number of miles of county roads in the parent county before the creation of Skykomish county.

(5) All other assets of the parent county including personal property, leasehold interest, intangible property, such as cash, securities, and receivables including back taxes, surplus moneys, and any other monetary instruments, shall be apportioned in an equitable manner which provides for a just apportionment between the parent counties and Skykomish county.

All remaining debts and liabilities of the parent county shall be apportioned in an equitable manner which provides for a just apportionment between the parent counties and Skykomish county.

(6) In apportioning the assets, debts, and liabilities between each parent county and Skykomish county, the remaining assets, debts, and liabilities of the parent county must be apportioned so that Skykomish county is assigned an amount of these assets, debts, and liabilities that is in the same proportion as the assessed valuation of Skykomish county, that was part of that parent county, is to the total assessed valuation in the parent county before creation of Skykomish county. The assessed valuations must be those used for taxes imposed in the year 1998 for collection in 1999.

This section may not be construed to affect the rights of creditors.

(7) The final figure determined under subsection (6) of this section shall be adjusted by crediting a parent county with any costs it incurred or will incur related to the creation of Skykomish county, which are subject to repayment by Skykomish county, any election costs it incurred or will incur related to Skykomish county, and the amount of any money it lent to Skykomish county. Any resulting obligation of a parent county to Skykomish county may be satisfied by agreements for the parent county to provide services, maintenance, and construction in Skykomish county after the interim period or future payments to Skykomish county. Any resulting obligation of Skykomish county to a parent county may be satisfied by future payments to the parent county.

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

NEW SECTION. Sec. 404. Any real or personal property taxes, including any road taxes levied under RCW 36.82.040, levied by Snohomish or King county in 1998 for collection in 1999 with respect to the area of proposed Skykomish county that is in Snohomish or King county shall be transferred to Skykomish county.

PART V - COURTS

Sec. 501. RCW 2.08.064 and 1993 sp.s. c 14 s 1 are each amended to read as follows:

There shall be in the counties of Benton and Franklin jointly, five judges of the superior court; in the county of Clallam, two judges of the superior court; in the county of Jefferson, one judge of the superior court; in the ((~~county~~)) counties of Snohomish and Skykomish jointly, thirteen judges of the superior court; in the counties of Asotin, Columbia and Garfield jointly, one judge of the superior court; in the county of Cowlitz, four judges of the superior court; in the counties of Klickitat and Skamania jointly, one judge of the superior court.

Sec. 502. RCW 3.34.010 and 1995 c 168 s 1 are each amended to read as follows:

The number of district judges to be elected in each county shall be: Adams, two; Asotin, one; Benton, three; Chelan, two; Clallam, two; Clark, five; Columbia, one; Cowlitz, two; Douglas, one; Ferry, one; Franklin, one; Garfield, one; Grant, two; Grays Harbor, two; Island, one; Jefferson, one; King, twenty-six; Kitsap, three; Kittitas, two; Klickitat, two; Lewis, two; Lincoln, one; Mason, one; Okanogan, two; Pacific, two; Pend Oreille, one; Pierce, eleven; San Juan, one; Skagit, two; Skamania, one; Skykomish, one; Snohomish, seven; Spokane, nine; Stevens, one; Thurston, two; Wahkiakum, one; Walla Walla, two; Whatcom, two; Whitman, one; Yakima, four. This number may be increased only as provided in RCW 3.34.020.

NEW SECTION. Sec. 503. A district court judge of Skykomish county shall be elected at the 1998 general election to a four-year term of office.

NEW SECTION. Sec. 504. The district court for Skykomish county shall obtain jurisdiction over all new matters over which the court otherwise has jurisdiction pursuant to the state Constitution and state law filed after the interim period. The district courts of Snohomish and King counties shall retain jurisdiction of any matters pending before them or on appeal from them prior to the end of the interim period unless all parties to such matter stipulate to a change of venue to the district court of Skykomish county.

All pleadings, process, documents, and files in the offices of officers of the district courts of Snohomish or King counties pertaining to actions and proceedings transferred to the district court of Skykomish county must be certified and transferred to the appropriate county officers of the district court of Skykomish county.

PART VI - MISCELLANEOUS

NEW SECTION. Sec. 601. All records, documents, and papers in the offices of Snohomish and King counties that provide the functions of a county auditor, county assessor, county treasurer, and other county officers, affecting the title or possession of real property in Skykomish county, assessed valuation of property located in Skykomish county, registration of voters residing in Skykomish county, or other appropriate matters, must be certified by the appropriate county official of Snohomish or King county and transferred to the appropriate county officials and officers of Skykomish county at no cost to Skykomish county. Certified copies shall be provided if the original records, documents, or papers are not transferred. The appropriate county officials of Snohomish or King county and Skykomish county may agree to transfers utilizing electronic, photostatic, mechanical, or other methods that adequately ensure the accuracy of the transferred information. Subject to copyright restrictions, Snohomish county and King county shall provide computer programs and software for maintenance and daily application of recordkeeping and data base management at no cost to Skykomish county.

Any original document relating to real property or matters in Skykomish county that King or Snohomish county deems expendable and will be destroyed shall be transferred to Skykomish county.

The records, documents, and papers, or certified copies, shall be transferred when Skykomish county has facilities and staffing that are adequate to provide sufficient security for the transferred items and allow reasonable access to these items.

NEW SECTION. Sec. 602. Except as provided in this section, the creation of Skykomish county shall not affect the boundaries of a city, town, or special district, including a port district or public utility district, of any kind.

(1) Effective on the official date of creating Skykomish county, the road district in Snohomish county and the road district in King county shall have any territory removed that is included in Skykomish county.

(2) Effective on the official date of creating Skykomish county, the Sno-Isl intercounty rural library district shall become the Sno-Isl-Sky intercounty rural library district with the same boundaries it had as the Sno-Isl intercounty rural library district, and the library trustees shall remain in office for the remainder of their terms of office. An agreement shall be reached to include the board of county commissioners of Skykomish county in the process to appoint their successors, with the vote on each appointment distributed among the members of the county legislative authorities so that the combined total vote of all the members of a single county legislative authority is in direct proportion to the percentage of population from that county residing in the library district and each member of that county legislative authority receives an equal portion of that vote.

(3) Effective on the official date of creating Skykomish county, the King county rural library district shall become the Sky-King intercounty rural library district with the same boundaries it had as the King county rural library district and the library trustees shall remain in office for the remainder of their terms of office. An agreement shall be reached to include the board of county commissioners of Skykomish county in the process to appoint their successors, with the vote on each appointment distributed among the members of the county legislative authorities so that the combined total vote of all the members of a single county legislative authority is in direct proportion to the percentage of population from that county residing in the library district and each member of that county legislative authority receives an equal portion of that vote.

(4) Effective on the official date of creating Skykomish county, the boundaries of the prior metropolitan municipal corporation of Seattle, which was assumed by King county, shall be reduced to the boundaries of King county as they exist after territory is stricken from King county to create Skykomish county. To avoid the impairment of any contract, any indebtedness of the metropolitan municipal corporation of Seattle, or of King county that is associated with its authority to act as a metropolitan municipal corporation, that is secured with its taxing authority, shall remain in effect and the taxes shall continue to be imposed in the portion of Skykomish county that was stricken from King county until the indebtedness is retired. In return, King county shall continue providing transit service to the portion of Skykomish county that was stricken from King county during the period in which such taxes are imposed.

NEW SECTION. Sec. 603. 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.

NEW SECTION. Sec. 604. Sections 1 and 101 through 104 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately. Sections 201 through 204 of this act take effect January 1, 1999. Sections 301 through 313, 401 through 404, 501 through 504, 601, and 602 of this act take effect upon certification that a majority of those voting on the question of the creation of Skykomish county voted in favor of the creation of Skykomish county.