BP BHEAD INT S [atlas:bill]

AN ACT Relating to the creation of Pioneer county, subject to the requirements of the state Constitution and statutes in respect to the establishment of new counties; amending RCW 2.08.063 and 3.34.010; adding a new section to chapter 36.04 RCW; creating new sections; providing an 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 Pioneer county, and the areas remaining in Whatcom county after the creation of Pioneer county, meet the population requirements in Article XI, section 3 of the state Constitution, and that petitions exist proposing the creation of Pioneer county with sufficient valid signatures under the requirements of Article XI, section 3 of the state Constitution, to allow the legislature to create Pioneer county.

PART I - LEGAL DESCRIPTIONS

NEW SECTION. Sec. 101. A new section is added to chapter 36.04 RCW to read as follows:

Pioneer county shall consist of the territory bounded as follows, to wit: Beginning at the 49th parallel and the east side of R.2 E. W.M. thence south along east side of R.2 E. W.M. to the south side of Township 39N, to the west side of R.1 W. W.M. thence north along the west side of R.1 W. W.M. to the 49th parallel R.1 W. W.M. thence east along the 49th parallel to a true point of beginning.

PART II - TRANSITION PERIOD AND OFFICIAL DATE OF CREATION

NEW SECTION. Sec. 201. The official date of creating Pioneer county shall be January 1, 1999. As provided in section 205 of this act, an interim transition period shall exist commencing on the date the interim elected officials of Pioneer county assume office and continuing until the official date of creating Pioneer county.

The following shall occur during this interim period: (1) County facilities and services will continue to be provided by Whatcom county in those portions of Whatcom county that will be stricken and become part of Pioneer county; (2) property and activities in the portion of Whatcom county that will become part of Pioneer county shall remain subject to the governmental jurisdiction and taxing authority of Whatcom county; (3) interim elected officials for Pioneer county shall assume partial jurisdiction to provide for a smooth transition of the area into Pioneer county; and (4) the voters of Pioneer county shall be the resident voters of Whatcom county who reside in what will become Pioneer county, and these Pioneer county voters shall elect the elected officials for Pioneer 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 Pioneer county.

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

During the interim period, Whatcom county shall receive federal, state, and other moneys allocated to that county as if Pioneer county were not created. Pioneer county shall be eligible to receive federal, state, and other moneys after the official date of creating the county.

NEW SECTION. Sec. 202. Interim elected officials of Pioneer county shall be elected in 1997 for each of the elected positions of a county with the population of Pioneer county as specified under RCW 36.16.030. If necessary, a primary shall be held on the date of the primary in 1997 to nominate candidates for any of the interim county elective offices, and the interim county elective officials shall be elected at the 1997 general election. The interim county elected officials shall assume office immediately after their election and qualification and shall hold office until their successors are elected, qualified, and assume office.

On or before July 1, 1997, the governor shall divide Pioneer county into three county commissioner districts, each comprising approximately the same population. These county commissioner districts shall be used as provided in RCW 36.32.040 for residency purposes and in a primary 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. 203. A primary and general election shall be held at the normal times in 1998 to nominate and elect the successors of the interim county elected officials, who shall take office on the official date of creating Pioneer county. This primary and general election shall be conducted by the interim Pioneer county auditor, with the assistance of Whatcom 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. 204. All ordinances, rules, and regulations of Whatcom county that were in effect in the portion of Pioneer county that will be stricken from Whatcom 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 Pioneer county.

NEW SECTION. Sec. 205. An interim period shall exist commencing on the date the interim Pioneer county elected officials assume office and continuing until the official date of creating Pioneer county.

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

The first meeting of the interim board of county commissioners of Pioneer county shall be held within one week of the certification of the results of their elections at a time, date, and place in Pioneer county designated by the Whatcom county executive. The Whatcom 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 Pioneer 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 Pioneer 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, Pioneer 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, Pioneer county is subject to indebtedness limitations provided for a county in chapter 39.36 RCW, and Pioneer 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 Pioneer county were officially created.

During the interim period, the interim board of county commissioners may submit ballot propositions to the voters of Pioneer 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 Pioneer county and all taxing districts with boundaries in Pioneer 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 Pioneer county shall be as established in this act, the boundaries of Whatcom county shall be established to remove the portion of that county that is stricken to create Pioneer county, the boundaries of the road district in Whatcom county shall include all territory in the Whatcom county road district after any territory in Pioneer county is stricken, and a single road district shall exist in Pioneer county that includes all unincorporated territory in Pioneer 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 Pioneer county on the official date of creating Pioneer county. RCW 82.14.036 shall apply during the interim period.

NEW SECTION. Sec. 206. (1) During the interim period, meetings of the interim board of county commissioners may be held at any location within Pioneer 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 Pioneer county may be nominated as the permanent county seat in a petition submitted to and validated by the interim Pioneer county auditor, with the assistance of the Whatcom county auditor or election officials, that has been signed by voters residing in Pioneer county equal in number to at least one percent of the votes cast in Pioneer county in the 1997 general election. The petition shall be filed with the interim Pioneer county auditor during the filing period for candidates for the election of the Pioneer county officials for the 1998 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 Pioneer county effective on the official date of creating Pioneer county until removed under general law.

NEW SECTION. Sec. 207. The department of community, trade, and economic development shall establish an initial annual salary for each elected official position in Pioneer county. The annual salary for each county elected official position in Pioneer 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 Pioneer county.

NEW SECTION. Sec. 208. Whatcom county shall assist Pioneer county during this interim period and after the interim period for a reasonable period until Pioneer 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 Pioneer county.

Pioneer county shall pay Whatcom county for the value of assistance it provides to Pioneer county after the interim period, which could be in the form of crediting the value of this assistance against any amount that Whatcom county may be required to provide Pioneer county under sections 301 through 303 of this act.

Whatcom county shall continue financing maintenance and construction of county facilities, and providing county services, in Pioneer county during this interim period as if Pioneer county were not authorized to be created. During the interim period, each officer of Whatcom county shall retain authority over the portions in Whatcom county of what will become Pioneer county as if Pioneer county were not authorized to be created.

NEW SECTION. Sec. 209. Budgets for the interim period and the initial budget for Pioneer county effective for the first calender 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. 210. 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. 211. Counties, cities, towns, and other local government agencies and state agencies may make loans of staff and equipment, and technical and financial assistance to Pioneer county during the interim period to facilitate its transition. Such loans and assistance may be with or without compensation.

NEW SECTION. Sec. 212. The department of community, trade, and economic development shall identify federal, state, and local agencies that should receive notification that Pioneer county is about to be created and shall assist Pioneer county during its interim period in providing such notification to the identified agencies.

NEW SECTION. Sec. 213. The interim county officers of Pioneer 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 III - DEBTS AND LIABILITIES, PROPERTY, AND ASSETS

NEW SECTION. Sec. 301. Pioneer county shall be liable for a just proportion of the debts and liabilities of Whatcom county, and entitled to its just proportion of the property and assets of Whatcom county.

The division and distribution of these debts and liabilities, property, and assets shall be determined as provided in sections 302 and 303 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. 302. A negotiation party shall be appointed to distribute the debts and liabilities, property, and assets of Whatcom county between Whatcom county and Pioneer county.

Each negotiation party shall consist of six persons, three appointed by the executive of Whatcom county and the other three appointed by the interim board of county commissioners of Pioneer county.

The first meeting of the negotiation party shall be at a convenient time, date, and place designated by the Whatcom county executive, which must be from thirty to sixty days after the date members of the interim board of county commissioners of Pioneer county assume office. If an impasse is reached in the negotiations of the negotiating party, either Whatcom county or Pioneer 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 Whatcom county and Pioneer county.

NEW SECTION. Sec. 303. (1) The division and distribution of debts and liabilities, property, and assets of Whatcom county between Pioneer county and Whatcom county shall conform with the requirements and policies contained in this section.

(2) The physical location of real property, including roads and bridges, shall determine ownership of the real property. Real property of Whatcom county that is located within Pioneer county shall become the property of Pioneer county upon creation. All real property, including roads and bridges, of Whatcom county that is located within what will remain of Whatcom county shall remain the property of Whatcom county.

Any radio communication facilities located in Pioneer county or Whatcom 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) Pioneer county shall be liable to Whatcom county for any debts and liabilities of Whatcom county associated with real property, including roads and bridges, located in Pioneer county of which it obtains ownership. Any debts or liabilities associated with real property, including roads and bridges, located within Whatcom county after the creation of Pioneer county of which Whatcom county retains ownership shall be the liability of Whatcom county.

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

(5) All other assets of Whatcom 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 Whatcom county and Pioneer county.

All remaining debts and liabilities of Whatcom county shall be apportioned in an equitable manner which provides for a just apportionment between Whatcom county and Pioneer county.

(6) In apportioning the assets, debts, and liabilities between Whatcom county and Pioneer county, the remaining assets, debts, and liabilities of Whatcom county must be apportioned so that Pioneer county is assigned an amount of these assets, debts, and liabilities that is in the same proportion as the assessed valuation of Pioneer county, that was part of Whatcom county, is to the total assessed valuation in Whatcom county before creation of Pioneer county. The assessed valuations must be those used for taxes imposed in the year 1997 for collection in 1998.

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 Whatcom county with any costs it incurred or will incur related to the creation of Pioneer county, which are subject to repayment by Pioneer county, any election costs it incurred or will incur related to Pioneer county, and the amount of any money it lent to Pioneer county. Any resulting obligation of Whatcom county to Pioneer county may be satisfied by agreements for Whatcom county to provide services, maintenance, and construction in Pioneer county after the interim period or future payments to Pioneer county. Any resulting obligation of Pioneer county to Whatcom county may be satisfied by future payments to Whatcom county.

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

PART IV - COURTS

Sec. 401. RCW 2.08.063 and 1992 c 189 s 3 are each amended to read as follows:

There shall be in the county of Lincoln one judge of the superior court; in the county of Skagit, three judges of the superior court; in the county of Walla Walla, two judges of the superior court; in the county of Whitman, one judge of the superior court; in the county of Yakima six judges of the superior court; in the county of Adams, one judge of the superior court; in the ((~~county~~)) counties of Whatcom and Pioneer jointly, three judges of the superior court.

Sec. 402. 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; Pioneer, 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; Whatcom, 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. 403. A district court judge of Pioneer county shall be elected at the 1998 general election to a four-year term of office.

NEW SECTION. Sec. 404. The district court for Pioneer 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 court of Whatcom county shall retain jurisdiction of any matters pending before it or on appeal from it 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 Pioneer county.

All pleadings, process, documents, and files in the offices of officers of the district court of Whatcom county pertaining to actions and proceedings transferred to the district court of Pioneer county must be certified and transferred to the appropriate county officers of the district court of Pioneer county.

PART V - MISCELLANEOUS

NEW SECTION. Sec. 501. All records, documents, and papers in the offices of Whatcom county 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 Pioneer county, assessed valuation of property located in Pioneer county, registration of voters residing in Pioneer county, or other appropriate matters, must be certified by the appropriate county official of Whatcom county and transferred to the appropriate county officials and officers of Pioneer county at no cost to Pioneer county. Certified copies shall be provided if the original records, documents, or papers are not transferred. The appropriate county officials of Whatcom county and Pioneer 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, Whatcom county shall provide computer programs and software for maintenance and daily application of recordkeeping and data base management at no cost to Pioneer county.

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

The records, documents, and papers, or certified copies, shall be transferred when Pioneer 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. 502. Except as provided in this section, the creation of Pioneer county shall not affect the boundaries of a city, town, or special district of any kind.

Effective on the official date of creating Pioneer county, the road district in Whatcom county shall have any territory removed that is included in Pioneer county.

NEW SECTION. Sec. 503. 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. 504. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately, except section 101 of this act takes effect January 1, 1999.