Z-0409

AN ACT Relating to school district organization; amending RCW 36.70A.035, 28A.540.010, 28A.540.020, 28A.540.030, 28A.540.050, 28A.540.070, and 28A.540.080; adding new sections to chapter 28A.315 RCW; adding a new section to chapter 28A.300 RCW; repealing RCW 28A.305.150, 28A.315.010, 28A.315.020, 28A.315.030, 28A.315.040, 28A.315.050, 28A.315.060, 28A.315.070, 28A.315.080, 28A.315.090, 28A.315.100, 28A.315.110, 28A.315.120, 28A.315.130, 28A.315.140, 28A.315.150, 28A.315.160, 28A.315.170, 28A.315.180, 28A.315.190, 28A.315.200, 28A.315.210, 28A.315.220, 28A.315.230, 28A.315.240, 28A.315.250, 28A.315.260, 28A.315.270, 28A.315.280, 28A.315.290, 28A.315.300, 28A.315.310, 28A.315.320, 28A.315.330, 28A.315.340, 28A.315.597, 28A.315.690, 28A.315.700, 28A.315.710, 28A.315.720, and 28A.540.040; and declaring an emergency.

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

NEW SECTION. Sec. 1. (1) Under the constitutional framework and the laws of the state of Washington, the governance structure for the state's public common school system is comprised of the following bodies: The legislature, the governor, the superintendent of public instruction, the state board of education, the educational service district boards of directors, and local school district boards of directors. The respective policy and administrative roles of each body are determined by the state Constitution and statutes.

(2) Local school districts are political subdivisions of the state and the organization of such districts, including the powers, duties, and boundaries thereof, may be altered or abolished by laws of the state of Washington.

PART 1

PURPOSE AND POLICY

NEW SECTION. Sec. 101. PURPOSE‑-POLICY. (1) It is the purpose of this chapter to:

(a) Incorporate into a single, permanent, school district organization law all essential provisions governing:

(i) The formation and establishment of new school districts;

(ii) The alteration of the boundaries of existing districts; and

(iii) The adjustment of the assets and liabilities of school districts when changes are made under this chapter; and

(b) Establish methods and procedures whereby changes in the school district system may be brought about by the people concerned and affected.

(2) It is the state's policy that decisions on proposed changes in school district organization should be made, whenever possible, by negotiated agreement between the affected school districts. If the districts cannot agree, the decision shall be made by the state council on school district organization, based on the council's best judgment, taking into consideration the following factors and factors under section 402 of this act:

(a) A balance of local petition requests and the needs of the state-wide community at large in a manner that advances the best interest of public education in the affected school districts and communities, the educational service district, and the state;

(b) Responsibly serving all of the affected citizens and students by contributing to logical service boundaries and recognizing a changing economic pattern within the educational service districts of the state;

(c) Enhancing the educational opportunities of pupils in the territory by reducing existing disparities among the affected school districts' ability to provide operating and capital funds through an equitable adjustment of the assets and liabilities of the affected districts;

(d) Promoting a wiser use of public funds through improvement in the school district system of the educational service districts and the state; and

(e) Other criteria or considerations as may be established in rule by the state board of education.

(3) It is neither the intent nor purpose of this chapter to apply to organizational changes and the procedure therefor relating to capital fund aid by nonhigh districts as provided for in chapter 28A.540 RCW.

PART 2

GENERAL PROVISIONS

NEW SECTION. Sec. 201. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Change in the organization and extent of school districts" means the formation and establishment of new school districts, the dissolution of existing school districts, the alteration of the boundaries of existing school districts, or any combination of these activities.

(2) "State council" means the state council on school district organization created by this chapter.

(3) "State board" means the state board of education.

(4) "School district" means the territory under the jurisdiction of a single governing board designated and referred to as the board of directors as provided for in RCW 28A.315.450 and section 202 of this act.

(5) "Educational service district superintendent" means the educational service district superintendent as provided for in RCW 28A.310.170 or his or her designee.

NEW SECTION. Sec. 202. ORGANIZATION OF SCHOOL DISTRICTS. A school district shall be organized in the form and manner as provided in this chapter, and shall be known as . . . . . . (insert here the name of the district) school district no. . . . ., . . . . . . county, state of Washington. However, all school districts existing on the effective date of this section as shown by the records of the educational service district superintendent are hereby recognized as legally organized districts, and all school districts existing on April 25, 1969, as shown by the records of the educational service district superintendents are hereby recognized as legally organized districts.

NEW SECTION. Sec. 203. REORGANIZATION OF DISTRICTS. (1) A new school district may be formed comprising contiguous territory lying in either a single county or in two or more counties. The new district may comprise:

(a) Two or more whole school districts;

(b) A part of one school district;

(d) Territory that is not a part of any school district if such territory is contiguous to the district to which it is transferred.

(2) The boundaries of existing school districts may be altered:

(a) By the transfer of territory from one district to another district;

(b) By the consolidation of one or more school districts with one or more school districts; or

(c) By the dissolution and annexation to a district of a part or all of one or more other districts or of territory that is not a part of any school district: PROVIDED, That such territory shall be contiguous to the district to which it is transferred or annexed.

(3) Territory may be transferred or annexed to or consolidated with an existing school district without regard to county boundaries.

(4) Territory solely within the boundaries of a single school district may be partitioned to form a new district. However, such territory shall be contiguous to the district from which it is partitioned.

NEW SECTION. Sec. 204. A new section is added to chapter 28A.300 RCW to read as follows:

CLASSIFICATION‑-NUMBERING SYSTEM‑-CHANGE OF CLASSIFICATION. (1) The superintendent of public instruction is responsible for the classification and numbering system of school districts.

(2) Any school district in the state that has a student enrollment in its public schools of two thousand pupils or more, as shown by evidence acceptable to the educational service district superintendent and the superintendent of public instruction, is a school district of the first class. Any other school district is a school district of the second class.

(3) Whenever the educational service district superintendent finds that the classification of a school district should be changed, and upon the approval of the superintendent of public instruction, the educational service district superintendent shall make an order in conformity with his or her findings and alter the records of his or her office accordingly. Thereafter, the board of directors of the district shall organize in the manner provided by law for the organization of the board of a district of the class to which the district then belongs.

(4) Notwithstanding any other provision of chapter 43, Laws of 1975, the educational service district superintendent, with the concurrence of the superintendent of public instruction, may delay approval of a change in classification of any school district for a period not exceeding three years when, in fact, the student enrollment of the district within any such time period does not exceed ten percent, either in a decrease or increase thereof.

NEW SECTION. Sec. 205. CONFLICTING OR INCORRECTLY DESCRIBED SCHOOL DISTRICT BOUNDARIES‑-CHANGES. In case the boundaries of any of the school districts are conflicting or incorrectly described, the educational service district board of directors, after due notice and a public hearing, shall change, harmonize, and describe them and shall so certify, with a complete transcript of boundaries of all districts affected, such action to the state board for its approval or revision. Upon receipt of notification of state board action, the educational service district superintendent shall transmit to the county legislative authority of the county or counties in which the affected districts are located a complete transcript of the boundaries of all districts affected.

NEW SECTION. Sec. 206. DISTRICT BOUNDARY CHANGES‑-SUBMISSION TO COUNTY AUDITOR. (1) Any district boundary changes shall be submitted to the county auditor by the educational service district superintendent within thirty days after the changes have been approved in accordance with this chapter. The superintendent shall submit both legal descriptions and maps.

(2) Any boundary changes submitted to the county auditor after the fourth Monday in June of odd-numbered years does not take effect until the following calendar year.

NEW SECTION. Sec. 207. CHANGE OF DISTRICT NAME. Any school district in the state may change its name in the following manner:

(1) Upon receipt of a petition signed by ten percent of the registered voters of the district requesting that the name of the school district be changed and submitting with the request a proposed name, the school board shall accept or reject the petition within the time for the next two regular meetings of the board. If the petition is rejected, the board's action may not be appealed.

(2) If the petition is accepted, the board shall set a date for a public hearing on the petition to be held within one month of the date of acceptance and cause notice thereof, together with the proposed new name, to be published once a week for three consecutive weeks in a newspaper of general circulation within the school district. Additional petitions for change of name may be heard at the same public hearing without the necessity of additional publication of notice, if the additional proposed names are presented at any board meeting, whether special or regular, including at the public hearing. At the hearing any interested elector who is a resident of the school district may appear and speak for or against the propositions.

(3) Within two regular meetings after the public hearing the board shall select one name to present to the residents of the school district for their approval or rejection at the next special or general election.

(4) If a majority of the electors voting at the election at which the proposed name is voted upon approve the proposed name, the new name shall be recorded in the school district office, the office of the educational service district superintendent, the office of the state superintendent of public instruction, and the state board.

(5) All institutions that have a legal or financial interest in the status of a school district whose name has been changed shall be notified in a manner prescribed by the state attorney general.

NEW SECTION. Sec. 208. EFFECT OF CHANGES‑-EXISTING PROVISIONS NOT AFFECTED. (1) Any proposed change in school district organization initiated before the effective date of this section shall be considered under the preexisting laws and rules of the state board.

(2) Any proposed change in school district organization initiated after the effective date of this section is subject to this chapter.

NEW SECTION. Sec. 209. PERSONNEL AND SUPPLIES‑-EXPENSES‑-REIMBURSEMENT. (1) The superintendent of public instruction shall furnish to the state council the services of employed personnel and the materials and supplies necessary to enable it to perform the duties imposed upon it by this chapter. The superintendent of public instruction shall reimburse the council members for expenses necessarily incurred by them in the performance of their duties in accordance with section 305 of this act.

(2) Costs that may be incurred by an educational service district in association with school district negotiations under section 401 of this act shall be reimbursed by the state from such funds as are allocated for this purpose.

PART 3

STATE COUNCIL ON SCHOOL DISTRICT ORGANIZATION

NEW SECTION. Sec. 301. STATE COUNCIL‑-CREATED. (1) The state council on school district organization is created. The state council shall be composed of one member from each educational service district.

(2) Persons possessing the status of any of the following positions are not eligible to be members of the state council:

(a) The superintendent of public instruction;

(b) A member of the state board;

(d) A member of an educational service district board of directors;

(e) A school district superintendent;

(f) A member of a board of directors of a school district;

(g) A member of a governing board of either a private school or a private school district that conducts any of grades kindergarten through twelve;

(h) Officers appointed by a governing board under (g) of this subsection; and

(i) Employees of a school district, an educational service district, the office of the superintendent of public instruction, the state board, a private school, or a private school district.

(3) A person must reside within the educational service district as a condition to being elected to the state council from that area.

NEW SECTION. Sec. 302. STATE COUNCIL‑-ELECTION OF MEMBERS‑-QUALIFICATIONS. The members of the state council shall be elected in the following manner:

(1) On or before the 25th day of September 1999, and not later than the 25th day of September of every subsequent election cycle for the educational service district for the position on the state council, the executive director of the state board shall call an election to be held in the educational service district within which resides a member of the state council whose term of office expires on the second Monday of the next January. The executive director shall give written notice of the election to each member of the board of directors of each school district in the educational service district. The notice shall include instructions and the rules established by the state board for the conduct of the election.

(2) Candidates for membership on the state council shall file a declaration of candidacy with the state board for the educational service district in which they reside. Declarations of candidacy may be filed in person or by mail not earlier than October 1st and not later than October 15th of the year in which the election is scheduled. The state board may not accept any declaration of candidacy that is not on file in the state board's office or not postmarked before October 16th, or if not postmarked or the postmark is not legible, if received by mail after October 20th of the year in which the election is scheduled.

(3) Each member of the state council shall be elected by a majority of the votes cast for all candidates for the position by the members of the boards of directors of the school districts in the educational service district. All votes shall be cast by mail ballot addressed to the state board. No votes may be accepted for counting if postmarked after November 16th, or if not postmarked or the postmark is not legible, if received by mail after November 21st of the year in which the election is scheduled.

(4) An election board comprised of three persons appointed by the state board shall count and tally the votes not later than November 25th, or the next business day if November 25th falls on a Saturday, Sunday, or legal holiday of the year in which the election is scheduled. Each vote cast by a school director shall be recorded as one vote. Within ten days following the count of votes, the executive director shall certify to the respective county auditor the name of the person elected to be a member of the state council.

(5) The election dates under subsections (1) through (4) of this section govern all elections after 1999.

(6) No member of the state council may continue to serve on the council if he or she ceases to reside in the educational service district he or she represents or if he or she is absent from three consecutive meetings of the council without an excuse acceptable to the council.

(7) The state board shall adopt rules under chapter 34.05 RCW that establish procedures that the state board deems are necessary to: Conduct elections under this section; conduct runoff elections in the event an election for a position is indecisive; and decide, in a fair and orderly manner, runoff elections that result in tie votes. The rules shall establish appropriate procedures for adjusting the size of the state council in the event of a reduction or increase in the number of educational service districts.

NEW SECTION. Sec. 303. STATE COUNCIL‑-VACANCIES. In the case of a vacancy for any cause on the state council, the applicable educational service district board of directors shall fill the vacancy by appointment. Appointees to fill vacancies shall meet the requirements provided by law for council members and shall serve until the next regular election, at which time a successor shall be elected for the balance of the unexpired term.

NEW SECTION. Sec. 304. STATE COUNCIL‑-TERMS OF MEMBERS. (1) The terms of members of the state council shall be for four years and until their successors are certified as elected.

(2) For the 1999 election conducted under section 302 of this act, the following initial terms of office shall apply:

(a) Members on the state council elected from northwest educational service district number 189, Puget Sound educational service district number 121, and educational service district number 112 shall serve for four years;

(b) Members on the state council elected from educational service district number 101, north central educational service district number 171, and educational service district number 113 shall serve for three years; and

(c) Members on the state council elected from educational service district number 123, educational service district number 105, and Olympic educational service district number 114 shall serve for two years.

NEW SECTION. Sec. 305. STATE COUNCIL‑-REIMBURSEMENT OF EXPENSES. Members of the state council shall serve without compensation, but shall be reimbursed for expenses necessarily incurred in the performance of their duties.

NEW SECTION. Sec. 306. STATE COUNCIL‑-ORGANIZATION, MEETINGS, QUORUM. (1) The state council shall organize by electing from its membership a chair and a vice-chair. The superintendent of the educational service district in which the council conducts a hearing shall serve as the secretary of the council.

(2) Meetings of the council shall be held upon call of the chair and in accord with the provisions of sections 401 and 402 of this act. A majority of the council constitutes a quorum.

(3) Meetings of the council shall be located in the educational service district in which there is a proposed change in school district organization. The necessary collection of information for the council is the responsibility of the affected educational service district.

(4) Costs incurred by an educational service district under this section shall be reimbursed by the state from such funds as are allocated for this purpose.

NEW SECTION. Sec. 307. STATE COUNCIL‑-POWERS AND DUTIES. The powers and duties of the state council are to:

(1) Hear and approve or disapprove proposals for changes in the organization and extent of school districts in the educational service districts when a hearing on a proposal has been requested under section 401 of this act;

(2) Make an equitable adjustment of the property and other assets and of the liabilities, including bonded indebtedness and excess tax levies as otherwise authorized under this section, as to the old school districts and the new district or districts, if any, involved in or affected by a proposed change in the organization and extent of the school districts;

(3) Make an equitable adjustment of the bonded indebtedness outstanding against any of the old and new districts whenever in its judgment such adjustment is advisable, as to all of the school districts involved in or affected by any change heretofore or hereafter effected;

(4) Provide that territory transferred from a school district by a change in the organization and extent of school districts shall either remain subject to, or be relieved of, any one or more excess tax levies that are authorized for the school district under RCW 84.52.053 before the effective date of the transfer of territory from the school district;

(5) Provide that territory transferred to a school district by a change in the organization and extent of school districts shall either be made subject to, or be relieved of, any one or more excess tax levies that are authorized for the school district under RCW 84.52.053 before the effective date of the transfer of territory to the school district; and

(6) Establish the date by which a council-approved transfer of territory shall take effect.

NEW SECTION. Sec. 308. POWERS AND DUTIES OF STATE BOARD. The powers and duties of the state board with respect to this chapter shall be to aid the state council in the performance of its duties and keep all records of the state council at the state board office.

NEW SECTION. Sec. 309. STATE COUNCIL‑-ANNUAL TRAINING. The superintendent of public instruction, in cooperation with the educational service districts and the Washington state school directors' association, shall conduct an annual training meeting for the state council. The meeting may be attended by state board members, educational service district superintendents and boards of directors, and local school district superintendents and boards of directors.

NEW SECTION. Sec. 310. REGIONAL COMMITTEE MEMBERS‑-EXPIRATION OF TERM OF OFFICE. The current term of office of each member of a regional committee on school district organization expires on the second Monday of January 2000.

PART 4

TRANSFER OF TERRITORY

NEW SECTION. Sec. 401. TRANSFER OF TERRITORY‑-REQUIREMENTS‑-RESPONSIBILITIES OF SCHOOL DISTRICT BOARD OF DIRECTORS. (1) A proposed change in school district organization by transfer of territory from one school district to another may be initiated by a petition in writing presented to the educational service district superintendent:

(a) Signed by a majority of the registered voters residing in the territory proposed to be transferred; or

(b) Signed by a majority of the members of the board of directors of one of the districts affected by a proposed transfer of territory.

(2) The petition shall state the name and number of each district affected, describe the boundaries of the territory proposed to be transferred, and state the reasons for desiring the change and the number of children of school age, if any, residing in the territory.

(3) The educational service district superintendent shall not complete any transfer of territory under this section that involves ten percent or more of the common school student population of the entire district from which the transfer is proposed, unless the educational service district superintendent has first called and held a special election of the voters of the entire school district from which the transfer of territory is proposed. The purpose of the election is to afford those voters an opportunity to approve or reject the proposed transfer. A simple majority shall determine approval or rejection.

(4) The state board may establish rules limiting the frequency of petitions that may be filed pertaining to territory included in whole or in part in a previous petition.

(5) Upon receipt of the petition, the educational service district superintendent shall notify in writing the affected districts that:

(a) Each school district board of directors, whether or not initiating a proposed transfer of territory, is required to enter into negotiations with the affected district or districts;

(b) In the case of a citizen-initiated petition, the affected districts must negotiate on the entire proposed transfer of territory;

(d) The districts may request and shall be granted by the educational service district superintendent one thirty-day extension to try to reach agreement; and

(e) Any district involved in the negotiations may at any time during the ninety-day period notify the educational service district superintendent in writing that agreement will not be possible.

(6) If the negotiating school boards cannot come to agreement about the proposed transfer of territory, the educational service district superintendent, if requested by the affected districts, shall appoint a mediator. The mediator has thirty days to work with the affected school districts to see if an agreement can be reached on the proposed transfer of territory.

(7) If the affected school districts cannot come to agreement about the proposed transfer of territory, and the districts do not request the services of a mediator or the mediator was unable to bring the districts to agreement, the district that did not initiate the negotiation may file with the educational service district superintendent a written request for a hearing by the state council.

(8) If the affected school districts cannot come to agreement about the proposed transfer of territory initiated by citizen petition, and the districts do not request the services of a mediator or the mediator was unable to bring the districts to agreement, the district in which the citizens who filed the petition reside shall file with the educational service district superintendent a written request for a hearing by the state council, unless a majority of the citizen petitioners request otherwise.

(9) Upon receipt of a notice under subsection (7) or (8) of this section, the educational service district superintendent shall notify the chair of the state council in writing within ten days.

NEW SECTION. Sec. 402. TRANSFER OF TERRITORY‑-STATE COUNCIL‑-RESPONSIBILITIES. (1) The chair of the state council shall schedule a hearing on the proposed transfer of territory at a location in the educational service district within sixty calendar days of being notified under section 401 (7) or (8) of this act.

(2) Within thirty calendar days of the hearing under subsection (1) of this section, or final hearing if more than one is held by the council, the council shall issue its written findings and decision to approve or disapprove the proposed transfer of territory. The educational service district superintendent shall transmit a copy of the council's decision to the superintendents of the affected school districts within ten calendar days.

(3) In carrying out the purposes of section 101 of this act and in making decisions as authorized under section 307(1) of this act, the state council shall base its judgment upon whether and to the extent the proposed change in school district organization complies with section 101(2) of this act and rules adopted by the state board under chapter 34.05 RCW.

(4) State board rules under subsection (1) of this section shall provide for giving consideration to:

(a) Equalization of the educational opportunities of pupils and to economies in the administration and operation of schools;

(b) Improvement of the educational opportunities of pupils through improvement and extension of school programs and through better instruction facilities, equipment, materials, libraries, and health and other services;

(c) All funding sources of the affected districts and equalization among school districts of the tax burden for general fund and capital purposes through a reduction in disparities in per pupil valuation;

(d) Whether or not geographic accessibility, including remoteness or isolation of places of residence and time required to travel to and from school, warrants a favorable consideration of a recommended change in school district organization;

(e) The extent the proposed change would potentially reduce or increase the individual and aggregate transportation costs of the affected school districts;

(f) The safety and welfare of pupils;

(g) The history and relationship of the property affected to the students and communities affected;

(h) Inclusion within a single school district, for school attendance and corresponding tax support purposes, of entire master planned communities that were or are to be developed pursuant to an integrated commercial and residential development plan with over one thousand dwelling units; and

(i) Any other matters that in the judgment of the state council or the state board are related to a proposed change in school district organization, including, but not limited to: The region involved, the state's instructional and building programs, and economic patterns.

(5)(a) A decision by the state council on school district organization constitutes a final decision under the administrative procedure act, chapter 34.05 RCW.

(b) Any school district or citizen petitioner affected by a decision of the state council may seek judicial review of the council's decision in accordance with RCW 34.05.570.

NEW SECTION. Sec. 403. TRANSFER OF TERRITORY‑-APPROVAL OF PROPOSED TRANSFER‑-ORDER. (1) Upon receipt by the educational service district superintendent of a written agreement by two or more school districts to the transfer of territory between the affected districts, the superintendent shall make an order establishing all approved changes involving the alteration of the boundaries of the affected districts. The order shall also establish all approved terms of the equitable adjustment of assets and liabilities involving the affected districts. The superintendent shall certify his or her action to each county auditor, each county treasurer, each county assessor, and the superintendents of all school districts affected by the action.

(2) Upon receipt by the educational service district superintendent of a written order by the state council approving the transfer of territory between two or more school districts, the superintendent shall make an order establishing all approved changes involving the alteration of the boundaries of the affected districts. The order shall also establish all approved terms of the equitable adjustment of assets and liabilities involving the affected districts. The superintendent shall certify his or her action to each county auditor, each county treasurer, each county assessor, and the superintendents of all school districts affected by the action.

PART 5

DISSOLUTION AND ANNEXATION OF TERRITORY

NEW SECTION. Sec. 501. DISSOLUTION AND ANNEXATION OF CERTAIN DISTRICTS‑-ANNEXATION OF NONDISTRICT PROPERTY. In case any school district has an average enrollment of fewer than five kindergarten through eighth grade pupils during the preceding school year or has not made a reasonable effort to maintain, during the preceding school year at least the minimum term of school required by law, the educational service district superintendent shall report that fact to the state council, which council shall dissolve the school district and annex the territory thereof to some other district or districts. For the purposes of this section, in addition to any other finding, "reasonable effort" shall be deemed to mean the attempt to make up whatever days are short of the legal requirement by conducting of school classes on any days to include available holidays, though not to include Saturdays and Sundays, prior to June 15th of that year. School districts operating an extended school year program, most commonly implemented as a 45‑15 plan, shall be deemed to be making a reasonable effort. In the event any school district has suffered any interruption in its normal school calendar due to a strike or other work stoppage or slowdown by any of its employees that district shall not be subject to this section. In case any territory is not a part of any school district, the educational service district superintendent shall present to the state council a proposal for the annexation of the territory to some contiguous district or districts.

PART 6

CONSOLIDATION OF TERRITORY

NEW SECTION. Sec. 601. CONSOLIDATION‑-PETITION. (1) A proposed change in school district organization by consolidation of territory from two or more school districts to form a new school district may be initiated by:

(a) A written petition presented to the educational service district superintendent signed by ten or more registered voters residing:

(i) In each whole district and in each part of a district proposed to be included in any single new district; or

(ii) In the territory of a proposed new district that comprises a part of only one or more districts and approved by the boards of directors of the affected school districts;

(b) A written petition presented to the educational service district superintendent signed by ten percent or more of the registered voters residing in such affected areas or area without the approval of the boards of directors of the affected school districts.

(2) The petition shall state the name and number of each district involved in or affected by the proposal to form the new district and shall describe the boundaries of the proposed new district. No more than one petition for consolidation of the same two school districts or parts thereof shall be considered during a school fiscal year.

(3) The educational service district superintendent may not complete any consolidation of territory under this section unless he or she has first called and held a special election of the voters of the affected districts to afford those voters an opportunity to approve or reject the proposed consolidation. A simple majority shall determine approval or rejection.

(4) If a proposed change in school district organization by consolidation of territory has been approved under this section, the educational service district superintendent shall make an order establishing all approved changes involving the alteration of the boundaries of the affected districts. The order shall also establish all approved terms of the equitable adjustment of assets and liabilities involving the affected districts. The superintendent shall certify his or her action to each county auditor, each county treasurer, each county assessor, and the superintendents of all school districts affected by the action.

PART 7

PARTITION OF TERRITORY

NEW SECTION. Sec. 701. PARTITION OF TERRITORY‑-PROCEDURES. (1) A proposed change in school district organization by partition of territory from one school district to form a new school district may be initiated by a petition in writing presented to the educational service district superintendent signed by a majority of the registered voters residing in the territory proposed to be partitioned into a new school district.

(2) The petition shall state the name and number of the district affected, describe the boundaries of the territory proposed to be partitioned into a new district, identify the number of school age children residing in the territory, if any, and state the reasons for desiring the change.

(3) The educational service district superintendent shall call a special election of all the voters of the affected district to approve or disapprove the petition.

(4) Upon approval by a simple majority of the voters who cast a ballot in the special election on the issue of partitioning territory from the district into a new school district, and upon written certification by the educational service district superintendent that at the time of voter approval each district will be a high school district, that each district will not qualify for small school or small school district funding, and that each district is a district of the first class, the educational service district superintendent shall make an order establishing the alteration of the boundaries of the affected district and the boundaries of the new school district. The order shall also establish all approved terms of the equitable adjustment of assets and liabilities involving the affected district. The superintendent shall certify his or her action to each county auditor, each county treasurer, each county assessor, the superintendent of the affected school district, the superintendent of public instruction, and the state board.

(5) No more than one petition for partition of the same territory into a new school district shall be considered during any period of four consecutive school years.

PART 8

ADJUSTMENT OF ASSETS AND LIABILITIES‑-

BONDED INDEBTEDNESS‑-SPECIAL ELECTIONS

NEW SECTION. Sec. 801. ADJUSTMENT OF ASSETS AND LIABILITIES. In determining an equitable adjustment of assets and liabilities, the negotiating school districts and the state council shall consider the following factors:

(1) The number of school age children residing in each school district and in each part of a district involved or affected by the proposed change in school district organization;

(2) The assessed valuation of the property located in each school district and in each part of a district involved or affected by the proposed change in school district organization;

(3) The purpose for which the bonded indebtedness of any school district involved or affected by the proposed change in school district organization was incurred;

(4) The history and relationship of the property affected to the students and communities affected by the proposed change in school district organization;

(5) Additional burdens to the districts affected by the proposed change in school district organization as a result of the proposed organization;

(6) The value, location, and disposition of all improvements located in the school districts involved or affected by the proposed change in school district organization; and

(7) Any other factors that in the judgment of the school districts or state council are important or essential to the making of an equitable adjustment of assets and liabilities, including the consideration of all other sources of funding.

NEW SECTION. Sec. 802. ADJUSTMENT OF INDEBTEDNESS. (1) The fact of the issuance of bonds by a school district, heretofore or hereafter, does not prevent changes in the organization and extent of school districts, regardless of whether or not such bonds or any part thereof are outstanding at the time of change.

(2) In case of any change:

(a) The bonded indebtedness outstanding against any school district involved in or affected by such change shall be adjusted equitably among the old school districts and the new district or districts, if any, involved or affected; and

(b) The property and other assets and the liabilities other than bonded indebtedness of any school district involved in or affected by any such change shall also be adjusted in the manner and to the effect provided for in this section, except if all the territory of an old school district is included in a single new district or is annexed to a single existing district, in which event the title to the property and other assets and the liabilities other than bonded indebtedness of the old district vests in and becomes the assets and liabilities of the new district or of the existing district, as applicable.

NEW SECTION. Sec. 803. ADJUSTMENT OF BONDED INDEBTEDNESS‑-SPECIAL ELECTIONS. If adjustments of bonded indebtedness are made between or among school districts in connection with the alteration of the boundaries of the school districts under this chapter, the order of the educational service district superintendent establishing the terms of adjustment of bonded indebtedness shall provide and specify:

(1) In every case where bonded indebtedness is transferred from one school district to another school district:

(a) That such bonded indebtedness is assumed by the school district to which it is transferred;

(b) That thereafter such bonded indebtedness shall be the obligation of the school district to which it is transferred;

(c) That, if the terms of adjustment so provide, any bonded indebtedness thereafter incurred by such transferee school district through the sale of bonds authorized before the date its boundaries were altered shall be the obligation of such school district including the territory added thereto; and

(d) That taxes shall be levied thereafter against the taxable property located within such school district as it is constituted after its boundaries were altered, the taxes to be levied at the times and in the amounts required to pay the principal of and the interest on the bonded indebtedness assumed or incurred, as the same become due and payable.

(2) In computing the debt limitation of any school district from which or to which bonded indebtedness has been transferred, the amount of transferred bonded indebtedness at any time outstanding:

(a) Shall be an offset against and deducted from the total bonded indebtedness, if any, of the school district from which the bonded indebtedness was transferred; and

(b) Shall be deemed to be bonded indebtedness solely of the transferee school district that assumed the indebtedness.

(3) In every case where adjustments of bonded indebtedness do

not provide for transfer of bonded indebtedness from one school district to another school district:

(a) That the existing bonded indebtedness of each school district, the boundaries of which are altered and any bonded indebtedness incurred by each such school district through the sale of bonds authorized before the date its boundaries were altered is the obligation of the school district in its reduced or enlarged form, as the case may be; and

(b) That taxes shall be levied thereafter against the taxable property located within each such school district in its reduced or enlarged form, as the case may be, at the times and in the amounts required to pay the principal of and interest on such bonded indebtedness as the same become due and payable.

(4) If a change in school district organization approved by the state council concerns a proposal to form a new school district or a proposal for adjustment of bonded indebtedness involving an established school district and one or more former school districts now included therein pursuant to a vote of the people concerned, a special election of the voters residing within the territory of the proposed new district, or of the established district involved in a proposal for adjustment of bonded indebtedness as the case may be, shall be held for the purpose of affording those voters an opportunity to approve or reject such proposals as concern or affect them.

(5) In a case involving both the question of the formation of a new school district and the question of adjustment of bonded indebtedness, the questions may be submitted to the voters either in the form of a single proposition or as separate propositions, whichever seems expedient to the educational service district superintendent. When the state council has passed appropriate resolutions for the questions to be submitted and the educational service district superintendent has given notice thereof to the county auditor, the special election shall be called and conducted, and the returns canvassed as in regular school district elections.

NEW SECTION. Sec. 804. NOTICE OF ELECTIONS. Notice of special elections as provided for in section 804 of this act shall be given by the county auditor as provided in RCW 29.27.080. The notice of election shall state the purpose for which the election has been called and contain a description of the boundaries of the proposed new district and a statement of any terms of adjustment of bonded indebtedness on which to be voted.

NEW SECTION. Sec. 805. VOTE--DETERMINATION‑-ORDER‑-CERTIFICATION. (1) If a special election is held to vote on a proposal or alternate proposals to form a new school district, the votes cast by the registered voters in each component district shall be tabulated separately. Any such proposition shall be considered approved only if it receives a majority of the votes cast in each separate district voting thereon.

(2) If a special election is held to vote on a proposal for adjustment of bonded indebtedness, the entire vote cast by the registered voters of the proposed new district or of the established district as the case may be shall be tabulated. Any such proposition shall be considered approved if sixty percent or more of all votes cast thereon are in the affirmative.

(3) In the event of approval of a proposition or propositions voted on at a special election, the educational service district superintendent shall:

(a) Make an order establishing such new school district or such terms of adjustment of bonded indebtedness or both, as were approved by the registered voters and shall also order such other terms of adjustment, if there are any, of property and other assets and of liabilities other than bonded indebtedness as have been approved by the state council; and

(b) Certify his or her action to the county and school district officials specified in section 403 of this act. The educational service district superintendent may designate, with the approval of the superintendent of public instruction, a name and number different from that of any component thereof, but must designate the new district by name and number different from any other district in existence in the county.

(4) The educational service district superintendent shall fix as the effective date of any order or orders he or she is required to make by this chapter, the date specified in the order of final approval of any change in the organization and extent of school districts or of any terms of adjustment of the assets and liabilities of school districts subject, for taxing purposes, to the redrawing of taxing district boundaries under RCW 84.09.030, by the state council.

(5) Upon receipt of certification under this section, the superintendent of each school district that is included in the new district shall deliver to the superintendent of the new school district those books, papers, documents, records, and other materials pertaining to the territory transferred.

NEW SECTION. Sec. 806. REJECTION OF PROPOSAL‑-PROCEDURE. If a proposal for the formation of a new school district and for adjustment of bonded indebtedness, or either, is rejected by the registered voters at a special election, the matter is terminated.

NEW SECTION. Sec. 807. CORPORATE EXISTENCE‑-PAYMENT OF BONDED INDEBTEDNESS‑-LEVY AUTHORITY. (1) Each school district involved in or affected by any change made in the organization and extent of school districts under this chapter retains its corporate existence insofar as is necessary for the purpose, until the bonded indebtedness outstanding against it on and after the effective date of the change has been paid in full. This section may not be construed to prevent, after the effective date of the change, such adjustments of bonded indebtedness as are provided for in this chapter.

(2) The county legislative authority shall provide, by appropriate levies on the taxable property of each school district, for the payment of the bonded indebtedness outstanding against it after any of the changes or adjustments under this chapter have been effected.

(3) In case any such changes or adjustments involve a joint school district, the tax levy for the payment of any bonded indebtedness outstanding against the joint district, after the changes or adjustments are effected, shall be made and the proceeds thereof shall be transmitted, credited, and paid out in conformity with the provisions of law applicable to the payment of the bonded indebtedness of joint school districts.

Sec. 808. RCW 36.70A.035 and 1997 c 429 s 9 are each amended to read as follows:

(1) The public participation requirements of this chapter shall include notice procedures that are reasonably calculated to provide notice to property owners and other affected and interested individuals, tribes, government agencies, businesses, school districts, and organizations of proposed amendments to comprehensive plans and development regulation. Examples of reasonable notice provisions include:

(a) Posting the property for site-specific proposals;

(b) Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located or that will be affected by the proposal;

(c) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;

(d) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and

(e) Publishing notice in agency newsletters or sending notice to agency mailing lists, including general lists or lists for specific proposals or subject areas.

(2)(a) Except as otherwise provided in (b) of this subsection, if the legislative body for a county or city chooses to consider a change to an amendment to a comprehensive plan or development regulation, and the change is proposed after the opportunity for review and comment has passed under the county's or city's procedures, an opportunity for review and comment on the proposed change shall be provided before the local legislative body votes on the proposed change.

(b) An additional opportunity for public review and comment is not required under (a) of this subsection if:

(i) An environmental impact statement has been prepared under chapter 43.21C RCW for the pending resolution or ordinance and the proposed change is within the range of alternatives considered in the environmental impact statement;

(ii) The proposed change is within the scope of the alternatives available for public comment;

(iii) The proposed change only corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect;

(iv) The proposed change is to a resolution or ordinance making a capital budget decision as provided in RCW 36.70A.120; or

(v) The proposed change is to a resolution or ordinance enacting a moratorium or interim control adopted under RCW 36.70A.390.

(3) This section is prospective in effect and does not apply to a comprehensive plan, development regulation, or amendment adopted before July 27, 1997.

PART 9

MISCELLANEOUS PROVISIONS

Sec. 901. RCW 28A.540.010 and 1985 c 385 s 31 are each amended to read as follows:

High school facilities shall mean buildings for occupancy by grades nine through twelve and equipment and furniture for such buildings and shall include major alteration or major remodeling of buildings and the acquisition of new sites and of additions to existing sites, and improvement of sites but only when included as a part of a general plan for the construction, equipping and furnishing of a building or of an alteration or addition to a building. The term shall also (1) include that portion of any building, alteration, equipment, furniture, site and improvement of site allocated to grade nine when included in a plan for facilities to be occupied by grades seven through nine and (2) includes such facilities for grades seven and eight when included in a plan as aforesaid, if the ((~~regional committee on school district organization~~)) superintendent of public instruction finds that students of these grades who reside in any nonhigh school districts involved are now attending school in the high school district involved under an arrangement which likely will be continued.

Sec. 902. RCW 28A.540.020 and 1985 c 385 s 32 are each amended to read as follows:

Upon receipt of a written request from the board of directors of a high school district or a nonhigh school district that presents to the ((~~regional committee on school district organization~~)) superintendent of public instruction satisfactory evidence of a need for high school facilities to be located therein and of ability to provide such facilities, the ((~~regional committee~~)) superintendent of public instruction shall prepare a plan for approval by the state board of education for participation by any nonhigh school district or districts in providing capital funds to pay the costs of such school facilities and equipment to be provided for the education of students residing in the school districts. Prior to submission of the aforesaid request the board of directors of the school district concerned therewith shall determine the nature and extent of the high school facilities proposed to be provided, the approximate amount of local capital funds required to pay the cost thereof, and the site or sites upon which the proposed facilities are to be located, and shall submit a report thereon to the ((~~regional committee~~)) superintendent of public instruction along with the aforesaid request.

Sec. 903. RCW 28A.540.030 and 1985 c 385 s 33 are each amended to read as follows:

The ((~~regional committee on school district organization~~)) superintendent of public instruction shall give consideration to:

(1) The report submitted by the board of directors as stated above;

(2) The exclusion from the plan of nonhigh school districts because of remoteness or isolation or because they are so situated with respect to location, present and/or clearly foreseeable future population, and other pertinent factors as to warrant the establishment of a high school therein within a period of two years or the inclusion of their territory in some other nonhigh school district within which the establishment of a high school within a period of two years is warranted;

(3) The assessed valuation of the school districts involved;

(4) The cash balance, if any, in the capital projects fund of the district submitting the request which is designated for high school building construction purposes, together with the sources of such balance; and

(5) Any other factors found by the ((~~committee~~)) superintendent of public instruction under state board of education rules to have a bearing on the preparation of an equitable plan.

Sec. 904. RCW 28A.540.050 and 1990 c 33 s 485 are each amended to read as follows:

((~~Subsequent to the holding of a hearing or hearings as provided in RCW 28A.540.040, the regional committee on school district organization~~)) The superintendent of public instruction shall determine the nonhigh school districts to be included in the plan and the amount of capital funds to be provided by every school district included therein, and shall submit the proposed plan to the state board of education together with such maps and other materials pertaining thereto as the state board may require. The state board shall review such plan, shall approve any plan which in its judgment makes adequate and satisfactory provision for participation by the nonhigh school districts in providing capital funds to be used for the purpose above stated, and shall notify the ((~~regional committee~~)) educational service district superintendent of such action. Upon receipt ((~~by the regional committee~~)) of such notification, the educational service district superintendent, or his or her designee, shall notify the board of directors of each school district included in the plan, supplying each board with complete details of the plan and shall state the total amount of funds to be provided and the amount to be provided by each district.

If any such plan submitted by ((~~a regional committee~~)) the superintendent of public instruction is not approved by the state board, the ((~~regional committee~~)) educational service district superintendent shall be so notified, which notification shall contain a statement of reasons therefor and suggestions for revision. Within sixty days thereafter the ((~~regional committee~~)) superintendent of public instruction shall submit to the state board a revised plan which revision shall be subject to approval or disapproval by the state board and the procedural requirements and provisions of law applicable to an original plan submitted to said board.

Sec. 905. RCW 28A.540.070 and 1990 c 33 s 486 are each amended to read as follows:

In the event that a proposal or proposals for providing capital funds as provided in RCW 28A.540.060 is not approved by the voters of a nonhigh school district a second election thereon shall be held within sixty days thereafter. If the vote of the electors of the nonhigh school district is again in the negative, the high school students residing therein shall not be entitled to admission to the high school under the provisions of RCW 28A.225.210, following the close of the school year during which the second election is held: PROVIDED, That in any such case the ((~~regional committee on school district organization~~)) educational service district superintendent shall determine within thirty days after the date of the aforesaid election the advisability of initiating a proposal for annexation of such nonhigh school district to the school district in which the proposed facilities are to be located or to some other district where its students can attend high school without undue inconvenience: PROVIDED FURTHER, That pending such determination by the ((~~regional committee~~)) educational service district superintendent and action thereon as required by law the board of directors of the high school district shall continue to admit high school students residing in the nonhigh school district. Any proposal for annexation of a nonhigh school district initiated by ((~~a regional committee~~)) an educational service district superintendent shall be subject to the procedural requirements of this chapter respecting a public hearing and submission to and approval by the state board of education. Upon approval by the state board of any such proposal, the educational service district superintendent shall make an order, establishing the annexation.

Sec. 906. RCW 28A.540.080 and 1990 c 33 s 487 are each amended to read as follows:

In case of failure or refusal by a board of directors of a nonhigh school district to submit a proposal or proposals to a vote of the electors within the time limit specified in RCW 28A.540.060 and 28A.540.070, the ((~~regional committee on school district reorganization~~)) educational service district superintendent may initiate a proposal for annexation of such nonhigh school district as provided for in RCW 28A.540.070.

NEW SECTION. Sec. 907. The following acts or parts of acts are each repealed:

(1) RCW 28A.305.150 and 1971 c 54 s 1 & 1969 ex.s. c 223 s 28A.04.130;

(2) RCW 28A.315.010 and 1990 c 33 s 292 & 1969 ex.s. c 223 s 28A.57.010;

(3) RCW 28A.315.020 and 1990 c 33 s 293, 1985 c 385 s 1, 1983 c 3 s 33, 1975 1st ex.s. c 275 s 78, 1971 c 48 s 25, & 1969 ex.s. c 223 s 28A.57.020;

(4) RCW 28A.315.030 and 1993 c 416 s 1, 1990 c 33 s 294, & 1985 c 385 s 30;

(5) RCW 28A.315.040 and 1985 c 385 s 2 & 1969 ex.s. c 223 s 28A.57.030;

(6) RCW 28A.315.050 and 1985 c 385 s 3, 1975 1st ex.s. c 275 s 79, 1969 ex.s. c 176 s 115, & 1969 ex.s. c 223 s 28A.57.031;

(7) RCW 28A.315.060 and 1993 c 416 s 2, 1990 c 33 s 295, 1985 c 385 s 4, & 1975-'76 2nd ex.s. c 15 s 1;

(8) RCW 28A.315.070 and 1985 c 385 s 5, 1975 1st ex.s. c 275 s 81, 1969 ex.s. c 176 s 117, & 1969 ex.s. c 223 s 28A.57.033;

(9) RCW 28A.315.080 and 1993 c 416 s 3, 1990 c 33 s 296, 1985 c 385 s 6, & 1969 ex.s. c 223 s 28A.57.034;

(10) RCW 28A.315.090 and 1985 c 385 s 7, 1969 ex.s. c 176 s 118, & 1969 ex.s. c 223 s 28A.57.035;

(11) RCW 28A.315.100 and 1990 c 33 s 297, 1985 c 385 s 8, 1975 1st ex.s. c 275 s 82, 1969 ex.s. c 176 s 119, & 1969 ex.s. c 223 s 28A.57.040;

(12) RCW 28A.315.110 and 1991 c 288 s 2;

(13) RCW 28A.315.120 and 1990 c 33 s 299, 1985 c 385 s 10, & 1969 ex.s. c 223 s 28A.57.055;

(14) RCW 28A.315.130 and 1985 c 385 s 11 & 1971 ex.s. c 282 s 26;

(15) RCW 28A.315.140 and 1990 c 33 s 300, 1987 c 100 s 2, 1985 c 385 s 12, & 1969 ex.s. c 223 s 28A.57.060;

(16) RCW 28A.315.150 and 1990 c 33 s 301, 1985 c 385 s 13, 1975 1st ex.s. c 275 s 84, 1969 ex.s. c 176 s 121, & 1969 ex.s. c 223 s 28A.57.070;

(17) RCW 28A.315.160 and 1985 c 385 s 14, 1975 1st ex.s. c 275 s 85, 1969 ex.s. c 176 s 122, & 1969 ex.s. c 223 s 28A.57.075;

(18) RCW 28A.315.170 and 1990 c 33 s 302, 1985 c 385 s 15, 1975 1st ex.s. c 275 s 86, 1971 c 48 s 26, & 1969 ex.s. c 223 s 28A.57.080;

(19) RCW 28A.315.180 and 1990 c 33 s 303, 1985 c 385 s 16, 1975 1st ex.s. c 275 s 87, 1969 ex.s. c 176 s 123, & 1969 ex.s. c 223 s 28A.57.090;

(20) RCW 28A.315.190 and 1985 c 385 s 17 & 1969 ex.s. c 223 s 28A.57.100;

(21) RCW 28A.315.200 and 1990 c 33 s 304, 1985 c 385 s 18, & 1969 ex.s. c 223 s 28A.57.110;

(22) RCW 28A.315.210 and 1990 c 33 s 305, 1983 c 3 s 34, & 1969 ex.s. c 223 s 28A.57.120;

(23) RCW 28A.315.220 and 1975 1st ex.s. c 275 s 88, 1969 ex.s. c 176 s 124, & 1969 ex.s. c 223 s 28A.57.130;

(24) RCW 28A.315.230 and 1991 c 116 s 25, 1990 c 33 s 306, & 1975-'76 2nd ex.s. c 15 s 3;

(25) RCW 28A.315.240 and 1975 c 43 s 35;

(26) RCW 28A.315.250 and 1997 c 47 s 1, 1985 c 385 s 19, 1975 1st ex.s. c 275 s 90, 1969 ex.s. c 176 s 126, & 1969 ex.s. c 223 s 28A.57.150;

(27) RCW 28A.315.260 and 1969 ex.s. c 223 s 28A.57.160;

(28) RCW 28A.315.270 and 1985 c 385 s 20, 1982 c 191 s 1, 1975 1st ex.s. c 275 s 91, 1969 ex.s. c 176 s 127, & 1969 ex.s. c 223 s 28A.57.170;

(29) RCW 28A.315.280 and 1985 c 385 s 21, 1975 1st ex.s. c 275 s 92, 1969 ex.s. c 176 s 128, & 1969 ex.s. c 223 s 28A.57.180;

(30) RCW 28A.315.290 and 1985 c 385 s 22, 1975 1st ex.s. c 275 s 93, 1969 ex.s. c 176 s 129, & 1969 ex.s. c 223 s 28A.57.190;

(31) RCW 28A.315.300 and 1990 c 33 s 307 & 1972 ex.s. c 63 s 1;

(32) RCW 28A.315.310 and 1990 c 33 s 308, 1985 c 385 s 23, & 1972 ex.s. c 63 s 2;

(33) RCW 28A.315.320 and 1985 c 385 s 24 & 1975-'76 2nd ex.s. c 15 s 4;

(34) RCW 28A.315.330 and 1969 ex.s. c 223 s 28A.57.210;

(35) RCW 28A.315.340 and 1969 ex.s. c 223 s 28A.57.220;

(36) RCW 28A.315.597 and 1991 c 288 s 9;

(37) RCW 28A.315.690 and 1969 ex.s. c 223 s 28A.58.600;

(38) RCW 28A.315.700 and 1969 ex.s. c 223 s 28A.58.601;

(39) RCW 28A.315.710 and 1969 ex.s. c 223 s 28A.58.602;

(40) RCW 28A.315.720 and 1975 1st ex.s. c 275 s 114, 1971 c 48 s 32, & 1969 ex.s. c 223 s 28A.58.603; and

(41) RCW 28A.540.040 and 1985 c 385 s 34, 1975 1st ex.s. c 275 s 74, 1971 c 48 s 21, & 1969 ex.s. c 223 s 28A.56.030.

NEW SECTION. Sec. 908. MORATORIUM ON PETITIONS. The state board may, at its discretion, declare a moratorium on new petitions until such time as the rules have been adopted to implement chapter . . ., Laws of 1999 (this act).

NEW SECTION. Sec. 909. PART HEADINGS AND SECTION CAPTIONS NOT LAW. Part headings and section captions used in this act are not any part of the law.

NEW SECTION. Sec. 910. Sections 1, 101, 201 through 203, 205 through 209, 301 through 310, 401 through 403, 501, 601, 701, 801 through 807, 908, and 909 of this act are each added to chapter 28A.315 RCW.

NEW SECTION. Sec. 911. 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.