BP BHEAD INT S [atlas:bill]

AN ACT Relating to the creation of Freedom county, subject to the requirements of the state Constitution and statutes in respect to the establishment of new counties; amending RCW 36.04.310, 36.04.040, 2.08.064, 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 Freedom county, and the areas remaining in Snohomish county after the creation of Freedom county, meet the population requirements in Article XI, section 3 of the state Constitution, and that petitions exist proposing the creation of Freedom county with sufficient valid signatures under the requirements of Article XI, section 3 of the state Constitution, to allow the legislature to create Freedom county.

PART I - LEGAL DESCRIPTIONS

NEW SECTION. Sec. 1. A new section is added to chapter 36.04 RCW to read as follows:

Freedom 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 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 to its intersection with the centerline of state highway No. 9; thence northerly along this centerline of state highway No. 9 to its intersection with the township line between townships thirty and thirty-one north; thence west on this township line between townships thirty and thirty-one north to its intersection with the main channel of Port Susan; thence northerly up this 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. 2. 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~~)) intersection of the main channel of Port Susan and the township line of townships twenty-nine and thirty north of the Willamette Meridian; thence east along this township line between townships twenty-nine and thirty north to its intersection with the centerline of state highway No. 9; thence southerly along this centerline of state highway No. 9 to its intersection with the township line between townships twenty-nine and thirty north; thence east along this township line between townships twenty-nine and thirty 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~~)) on the township line between township 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 of the Willamette Meridian; thence due west along ((~~the north boundary of King county~~)) this township line between township twenty-six north and twenty-seven north 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. 3. 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, Snohomish, Freedom, 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 II - TRANSITION PERIOD AND OFFICIAL DATE OF CREATION

NEW SECTION. Sec. 201. The official date of creating Freedom 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 Freedom county assume office and continuing until the official date of creating Freedom 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 Freedom county; (2) property and activities in the portion of Snohomish county that will become part of Freedom county shall remain subject to the governmental jurisdiction and taxing authority of Snohomish county; (3) interim elected officials for Freedom county shall assume partial jurisdiction to provide for a smooth transition of the area into Freedom county; and (4) the voters of Freedom county shall be the resident voters of Snohomish county who reside in what will become Freedom county, and these Freedom county voters shall elect the elected officials for Freedom 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 Freedom county.

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

During the interim period, Snohomish county shall receive federal, state, and other moneys allocated to that county as if Freedom county were not created. Freedom 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 Freedom county shall be elected in 1997 for each of the elected positions of a county with the population of Freedom 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 Freedom 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 Freedom county. This primary and general election shall be conducted by the interim Freedom county auditor, with the assistance of Snohomish 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 Snohomish county that were in effect in the portion of Freedom county that will be stricken from Snohomish 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 Freedom county.

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

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

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

During the interim period, the interim board of county commissioners may submit ballot propositions to the voters of Freedom 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 Freedom county and all taxing districts with boundaries in Freedom 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 Freedom 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 Freedom county, the boundaries of the road district in Snohomish county shall include all territory in the Snohomish county road district after any territory in Freedom county is stricken, and a single road district shall exist in Freedom county that includes all unincorporated territory in Freedom 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 Freedom county on the official date of creating Freedom 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 Freedom 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 Freedom county may be nominated as the permanent county seat in a petition submitted to and validated by the interim Freedom county auditor, with the assistance of the Snohomish county auditor or election officials, that has been signed by voters residing in Freedom county equal in number to at least one percent of the votes cast in Freedom county in the 1997 general election. The petition shall be filed with the interim Freedom county auditor during the filing period for candidates for the election of the Freedom 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 Freedom county effective on the official date of creating Freedom 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 Freedom county. The annual salary for each county elected official position in Freedom 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 Freedom county.

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

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

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

NEW SECTION. Sec. 209. Budgets for the interim period and the initial budget for Freedom 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 Freedom 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 Freedom county is about to be created and shall assist Freedom county during its interim period in providing such notification to the identified agencies.

NEW SECTION. Sec. 213. The interim county officers of Freedom 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. Freedom county shall be liable for a just proportion of the debts and liabilities of Snohomish county, and entitled to its just proportion of the property and assets of Snohomish 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 Snohomish county between Snohomish county and Freedom county.

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

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

NEW SECTION. Sec. 303. (1) The division and distribution of debts and liabilities, property, and assets of Snohomish county between Freedom county and Snohomish 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 Snohomish county that is located within Freedom county shall become the property of Freedom county upon creation. All real property, including roads and bridges, of Snohomish county that is located within what will remain of Snohomish county shall remain the property of Snohomish county.

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

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

(5) All other assets of Snohomish 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 Snohomish county and Freedom county.

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

(6) In apportioning the assets, debts, and liabilities between Snohomish county and Freedom county, the remaining assets, debts, and liabilities of Snohomish county must be apportioned so that Freedom county is assigned an amount of these assets, debts, and liabilities that is in the same proportion as the assessed valuation of Freedom county, that was part of Snohomish county, is to the total assessed valuation in Snohomish county before creation of Freedom 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 Snohomish county with any costs it incurred or will incur related to the creation of Freedom county, which are subject to repayment by Freedom county, any election costs it incurred or will incur related to Freedom county, and the amount of any money it lent to Freedom county. Any resulting obligation of Snohomish county to Freedom county may be satisfied by agreements for Snohomish county to provide services, maintenance, and construction in Freedom county after the interim period or future payments to Freedom county. Any resulting obligation of Freedom county to Snohomish county may be satisfied by future payments to Snohomish county.

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

PART IV - COURTS

Sec. 401. RCW 2.08.064 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 Freedom 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. 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; Freedom, 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; 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. 403. A district court judge of Freedom county shall be elected at the 1998 general election to a four-year term of office.

NEW SECTION. Sec. 404. The district court for Freedom 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 Snohomish 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 Freedom county.

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

PART V - MISCELLANEOUS

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

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

The records, documents, and papers, or certified copies, shall be transferred when Freedom 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 Freedom county shall not affect the boundaries of a city, town, or special district of any kind.

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

(2) Effective on the official date of creating Freedom county, the Sno-Isl intercounty rural library district shall become the Sno-Isl-Free 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 Freedom 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.

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 sections 101 through 103 of this act take effect January 1, 1999.