BP BHEAD INT S [atlas:bill]

AN ACT Relating to new counties; amending RCW 36.09.010, 36.09.020, 2.06.030, 36.32.020, and 84.09.030; adding new sections to chapter 36.09 RCW; adding a new section to chapter 47.01 RCW; creating a new section; recodifying RCW 36.09.010 and 36.09.020; repealing RCW 4.12.070, 36.09.035, 36.09.040, and 36.09.050; and prescribing penalties.

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

NEW SECTION. Sec. 1. The purpose of this act is to establish deliberative and thoughtful procedures by which a new county may be formed, to ensure that any vote by the general public on the creation of a new county is one in which the choices are clearly defined, and to provide for a just apportionment of the debts, liabilities, and assets of the parent county or counties between a new county and the remaining parent county or counties.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Assets" means all: (a) Real estate and leasehold interests in real estate owned by the parent county; (b) tangible personal property owned or leased by the parent county; and (c) intangible personal property owned by the parent county including cash, securities, commercial paper, notes, accounts receivable, and contract rights. Assets shall be determined as of the first day of the interim period.

(2) "Interim period" means the period for the transition to a new county, beginning on the date of certification of an election in which the creation of a new county is approved by the voters, and ending on December 31st of the year following the year in which such election is certified.

(3) "New county" means the county that is created by striking territory from the parent county or counties as provided pursuant to Article XI, section 3 of the state Constitution.

(4) "Parent county or counties" means the existing county or counties out of which territory is stricken to create a new county under Article XI, section 3 of the state Constitution.

(5) "Planning commission period" means the period beginning on the date of certification of an election in which planning commissioners for a new county are elected by the voters and ending on the date of certification of an election in which the creation of a new county is approved by the voters.

(6) "Proponents" means up to five individuals who are registered voters in the proposed new county, who are involved in the process to create a new county, and who identify themselves as proponents and submit their names and addresses along with the petition requesting the creation of a new county to the secretary of state.

NEW SECTION. Sec. 3. The proponents of a proposed new county shall, before the circulation of a petition in support of the formation of that new county, file with the secretary of state a statement designating the name of the proposed county and containing the legal description of the proposed county, together with an affidavit from each proponent that he or she is a registered voter within the territory of the proposed new county. If there are two or more proponents, one of them must be designated as the principal proponent for the purpose of receiving notices and communications required by law.

NEW SECTION. Sec. 4. The statement required by section 3 of this act must be filed with the secretary of state within twelve months prior to the next regular session of the legislature at which the petitions are to be submitted for approval.

NEW SECTION. Sec. 5. (1) Upon receipt of the legal description and affidavit of sponsorship for a proposed new county, the secretary of state shall forward a copy of the legal description to the office of financial management.

(2) Within thirty days of receipt of this statement from the secretary of state, the director of the office of financial management shall determine if the legal description is consistent and the territory described is a single, contiguous area. If the legal description is defective, the director shall notify the secretary of state and the proponents of the nature and extent of the defect.

(3) If the legal description is not defective, the director shall also determine the population of the proposed new county and the population of the remaining portion or portions of each parent county, using the most current data available. The director shall certify these populations to the secretary of state and the proponents of the new county within thirty days of receipt of the statement from the secretary of state.

NEW SECTION. Sec. 6. Petitions for the formation of a new county shall be made to the legislature and shall be substantially in the following form:

WARNING

Every person who signs this petition with any other than his or her true name, knowingly signs more than one of these petitions, signs this petition when he or she is not a legal voter, or makes any false statement on this petition may be punished by fine or imprisonment or both.

PETITION FOR THE FORMATION OF ....... COUNTY

To the Honorable . . . . . ., Secretary of State of the State of Washington:

We, the undersigned citizens and legal voters of the State of Washington, respectfully direct that this petition for the formation of . . . . . . county, a full, true, and correct copy of the legal description of which is printed on the reverse side of this petition, be transmitted to the legislature of the State of Washington at its next ensuing regular session; and we respectfully petition the legislature to approve the further consideration of the formation of . . . . . . county, upon the approval of which a special election shall be held within the territory proposed to be included in . . . . . . county to select planning commissioners; and each of us for himself or herself says: "I have personally signed this petition; I am a legal voter of the State of Washington in the city (or town) and county written after my name; my residence address is correctly stated; and I have knowingly signed this petition only once."

Petitioner's │ Print name │ Residence address, │ City │

signature │ for positive │ street and number, │ or │ County

│ identification │ if any │ Town │

│ │ │ │

(Here follow 20 numbered lines divided into columns as below.)

│ │ │ │

1B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

2B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

3B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

etc.

NEW SECTION. Sec. 7. When the proponents have secured upon petitions a number of signatures of legal voters that exceeds one-half of the number of residents of the proposed new county that are legally registered to vote, the proponents may submit the petitions to the secretary of state for filing. The secretary of state shall copy the petitions and forward a copy of the petitions to the county auditor of the parent county. Whenever it is proposed that a new county be created out of territory to be taken from more than one parent county, separate petitions shall be signed by the voters of each parent county from which territory is proposed to be taken to create the new county, and the office of secretary of state shall forward a copy of the petitions that were signed by the voters of each parent county to the county auditor of that parent county.

The county auditor or auditors shall review the signatures contained on the petitions and, within fifteen days, shall certify to the secretary of state both: (1) The number of registered voters residing within the territory, in that parent county, that is proposed to be included in the new county; and (2) the number of valid signatures of registered voters residing within the territory in that parent county that is proposed to be included in the new county who have signed the petitions.

NEW SECTION. Sec. 8. (1) Unless the secretary of state finds sufficient cause to refuse to certify the petitions, the secretary shall certify the sufficiency of the petitions and shall file the petitions with the legislature within thirty days of the date upon which the petitions were filed by the proponents.

(2) For the purposes of this section, "sufficient cause" means reason to believe: (a) That the petitions are not in the form required by section 6 of this act; or (b) that the number of valid signatures on the petitions, as certified by the county auditor or auditors pursuant to section 7(2) of this act, does not exceed one-half the number of registered voters in the proposed new county.

NEW SECTION. Sec. 9. Petitions filed with the legislature for the formation of a new county shall be considered by the legislature at the next ensuing regular session. However, petitions received by the legislature not more than ten days prior to the beginning of a regular session shall not be considered.

NEW SECTION. Sec. 10. The legislature, upon review of petitions for a proposed new county, shall either approve or disapprove the proposal prior to the end of the regular legislative session. Failure of the legislature to act constitutes disapproval of the petition.

NEW SECTION. Sec. 11. (1) If the proposal is approved by the legislature under section 10 of this act, a special election shall be held at the next general election within the boundaries of the proposed new county for the purpose of electing members of a planning commission.

(2) An individual wishing to declare himself or herself eligible to appear on the special election ballot for the office of planning commissioner shall complete and file a declaration and affidavit of candidacy in the same manner prescribed by chapter 29.15 RCW for all other candidates. The office of planning commissioner for a proposed new county shall be a nonpartisan office.

(3) Candidates for planning commissioner shall be subject to the same laws, including campaign contribution limits and reporting requirements, to which county elected officials are subject under chapter 42.17 RCW.

NEW SECTION. Sec. 12. If the parent county or counties adopts an ordinance under RCW 29.81A.010 to produce a voters' pamphlet, all candidates for planning commissioner must be granted the same rights regarding appearing in the voters' pamphlet as any candidate for county elected office would be granted. The portion of the costs of the voters' pamphlet that is associated with the race for planning commissioner shall be borne by the parent county or counties. However, if the proposal for the creation of a new county that will appear on the ballot pursuant to section 17 of this act is approved by the voters, these costs shall be reimbursed by the new county under section 44 of this act.

NEW SECTION. Sec. 13. The general election ballot shall include the question: "For whom do you vote to serve on the planning commission for the proposed ....... county?" The question shall be followed by a complete list of all candidates who filed a declaration and affidavit of candidacy under section 11(2) of this act. The names of the candidates shall appear on the ballot in the same manner as those of other candidates for elected nonpartisan offices.

The five candidates who receive the most number of votes for the office of planning commissioner shall each be declared duly elected and shall assume the powers vested in that office upon certification of the election by the secretary of state.

NEW SECTION. Sec. 14. The planning commission shall consist of five qualified electors, three of whom shall be considered a quorum to do business. The commissioners shall meet on the second Tuesday following the certification of the election to select a chairperson from among the commissioners, to adopt by majority vote any rules that are necessary in order to conduct business, and to accomplish the goals detailed in section 16 of this act.

NEW SECTION. Sec. 15. The director of the department of community, trade, and economic development shall designate the annual salaries for the planning commissioners of the new county, which shall exceed one-fourth but shall be less than one-half of the salaries paid to elected county offices in existing counties of similar population. The salaries may be payable either monthly, twice monthly, or every two weeks, in equal installments as determined by the planning commission.

NEW SECTION. Sec. 16. The planning commission shall prepare a general outline of the county government that would govern the new county were it to subsequently be approved by the voters. The commission shall provide a report no later than September 1 of the year following the election of planning commissioners. The report shall include, but not be limited to, the commission's recommendations regarding:

(1) District boundaries and terms of office for county elected officials;

(2) Rates of taxation;

(3) Division of financial and service responsibilities, as well as taxation authority, between the county and its parent county or counties, cities and towns, and special purpose districts;

(4) The need for county agencies including, but not limited to, departments related to the health and safety of the public;

(5) Assessments of the agencies identified pursuant to subsection (4) of this section, including, but not limited to, projected revenues and expenditures of the agencies, siting of capital facilities, and the expected number of full-time employees;

(6) Siting of major county facilities, including the legislative and judicial branches of county government;

(7) Overall budget projections for the first five years of the county's existence, including projections of county revenues and expenditures;

(8) Procedures pertaining to annexations and incorporations within the county;

(9) Assessments of growth management, environmental, and zoning rules and regulations; and

(10) Maintenance or creation of county-supported higher education institutions.

NEW SECTION. Sec. 17. (1) In the first general election following the beginning of a planning commission period, the question of creation of a new county shall be submitted to all voters residing within the boundaries of the parent county or counties. The question shall be presented on the ballot in substantially the following form: "Shall the new county of ...... be created?" "Yes" or "no."

(2) If there is only one parent county, and at least three-fifths of those voting on the question vote in favor of creation of a new county, the new county shall be established with an interim period commencing on the date that the election is certified.

(3) If there is more than one parent county, and at least three-fifths of those voting on the question in each county vote in favor of creation of a new county, the new county shall be established with an interim period commencing on the date that the election is certified.

(4) If the requirements in neither subsection (2) of this section nor subsection (3) of this section are satisfied, the new county shall not be established, and the question of creation of a new county in any portion or all of the area proposed for a new county may not be submitted to the voters prior to the general election four years later.

NEW SECTION. Sec. 18. When an election that is favorable to the creation of a new county is certified, the members of the planning commission shall become, in title and in responsibility, members of the initial board of county officials of that new county. Those five members of the initial board shall serve in that capacity until regular county commissioners are elected and sworn into office.

NEW SECTION. Sec. 19. The director of the department of community, trade, and economic development shall designate the annual salaries for the initial county officials of the new county, which shall be within ten percent of the salaries paid for the elected legislative county officials in existing counties of similar population. The salaries may be payable either monthly, twice monthly, or every two weeks, in equal installments as determined by the initial board of county officials.

NEW SECTION. Sec. 20. During the interim period for a new county, the initial county officials have the following powers:

(1) The initial board of county officials may adopt ordinances and resolutions necessary to implement the general powers provided by this section. The initial board of county officials may also adopt ordinances on any matter within the authority of a nonhome-rule county, which shall become effective on January 1st following the interim period.

(2) The initial county officials, subject to state law governing counties in general, may: Purchase or lease land, buildings, equipment, and supplies; contract for services; and employ staff as necessary to implement the powers provided by this section and to assure the establishment of the necessary infrastructure and staffing for the full operation of county government on January 1st following the interim period.

(3) The initial county officials may enter interlocal agreements with the parent county or counties to facilitate the establishment of the new county government and to provide for services to be rendered following the interim period.

(4) The initial board of county officials may:

(a) Cause tax anticipation or revenue anticipation notes or warrants or other short-term obligations to be issued as provided in chapter 39.50 RCW;

(b) Authorize the borrowing of money from state or federal agencies to the same extent as is authorized for a nonhome-rule county;

(c) Submit ballot propositions to the voters of the new county authorizing a single-year excess levy to be imposed, as provided by RCW 84.52.052;

(d) Submit ballot propositions to the voters of the new county authorizing both voter-approved general indebtedness and bond retirement excess levies, as provided by RCW 84.52.056 and 39.36.050;

(e) Impose property taxes as authorized for counties, to be collected following the interim period; and

(f) Impose excise taxes as authorized for counties effective on January 1st following the interim period, including, but not limited to, sales and use taxes authorized in chapter 82.14 RCW and real estate excise taxes authorized in chapter 82.46 RCW.

NEW SECTION. Sec. 21. The initial county officials of a new 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.

NEW SECTION. Sec. 22. All ordinances, rules, and regulations of a parent county that are in effect at the beginning of the interim period for a new county and that are adopted by the parent county during the interim period of a new county shall have their full force and effect within the portion of the parent county that is stricken to form the new county until the end of the interim period unless repealed by the parent county prior to that date.

NEW SECTION. Sec. 23. During the interim period for a new county, the parent county shall remain responsible for providing all county services previously provided by that parent county in the portion of the parent county that is stricken to form a new county unless otherwise agreed to between the parent county and the initial commissioners of the new county.

NEW SECTION. Sec. 24. (1) The budget for the interim period for a new county shall be adopted as provided in this section. The budget for the first budget cycle of the new county following the interim period shall be adopted as provided in chapter 36.40 RCW.

(2) The initial board of county officials shall adopt a budget for the interim period and make any subsequent amendments in consultation with the state auditor and the department of community, trade, and economic development. The department of community, trade, and economic development shall provide to the initial officers of the new county, at the earliest date feasible following the election authorizing formation of the new county, a report detailing the potential revenues and expenses of the new county. The interim period budget may initially authorize expenditure of moneys by general category without specific detail. The budget may be amended periodically during the interim period to reflect actual revenues or expenditure requirements as they become known.

NEW SECTION. Sec. 25. During the interim period for a new county, the initial board of county officials may borrow money from the state treasurer in amounts and on terms deemed prudent and reasonable by the state treasurer.

Any loan obtained pursuant to this section must be repaid within three years of the initial disbursement. The state treasurer may withhold moneys from the funds otherwise payable to the new county to assure repayment.

NEW SECTION. Sec. 26. (1) The initial board of county officials of a new county shall, within thirty days of taking office, establish three commissioner districts in the proposed new county subject to the criteria in RCW 29.70.100(4). After the interim period, commissioner district boundaries may be altered as provided in RCW 36.32.020.

(2) At the next general election following the beginning of an interim period for a new county, county commissioners shall be elected from the county commissioner districts created in subsection (1) of this section.

NEW SECTION. Sec. 27. The county commissioners of a new county elected pursuant to section 26(2) of this act shall be sworn into office on the first business day following the end of the interim period. Members of the initial board of county officials shall, on that day, be relieved of all titles, duties, responsibilities, and authorities granted them under this act and shall cease to receive any compensation related to service on the initial board and provided pursuant to section 19 of this act.

NEW SECTION. Sec. 28. A new section is added to chapter 47.01 RCW to read as follows:

Beginning on January 1st following the interim period for a new county, the department of transportation shall adjust the allocations of transportation moneys made to counties and shall include the new county on the same bases as apply to previously existing counties.

Sec. 29. RCW 36.09.010 and 1963 c 4 s 36.09.010 are each amended to read as follows:

Whenever a new county shall be or shall have been ((~~organized~~)) created out of the territory which was ((~~included within the limits of any other~~)) stricken from another county or counties, the new county shall be liable for a ((~~reasonable~~)) just proportion of the debts and liabilities of the parent county ((~~from which it was taken, and entitled to its proportion of the property of the county~~)) or counties and shall receive a just proportion of the assets of the parent county or counties.

Sec. 30. RCW 36.09.020 and 1963 c 4 s 36.09.020 are each amended to read as follows:

(1) The auditor of the ((~~old~~)) parent county shall give the auditor of the new county reasonable notice to meet ((~~him~~)) together on a certain day at the county seat of the ((~~old~~)) parent county, or at some other convenient place, to settle ((~~upon and fix the amount which the new county shall pay~~)) the apportionment of debts and liabilities, if any, as provided in subsection (2) of this section and apportionment of assets as provided by section 31 of this act.

(2) In ((~~doing so~~)) apportioning the debts and liabilities, they shall not charge either county with any share of debts ((~~arising from the erection of~~)) or liabilities then existing incurred in the purchase of any county property, or in the purchase or construction of any public buildings then in use or under construction, or ((~~out of the construction of~~)) any roads or bridges ((which shall be and remain, after the division, within the limits of the other county, and of the other debts they shall apportion to each county such a share of the indebtedness as may be just and equitable, taking into consideration the population of such portion of territory so forming a part of the said counties while so united, and also the relative advantages, derived from the old county organization)) then in use or under construction, that are located within the other county.

Except as may be provided otherwise in the special legislation authorizing the creation of the new county, the remaining debts and liabilities of the parent county must be apportioned so that the new county is assigned an amount of these debts and liabilities that is in the same proportion as the assessed valuation of the new county, that was part of that parent county, is to the total assessed valuation in the parent county before the creation of the new county. The assessed valuations must be those used for taxes imposed in the year before the election was held authorizing the creation of the new county.

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

NEW SECTION. Sec. 31. The assets of the parent county shall be apportioned as follows:

(1) The parent county shall retain ownership of real property it owns that remains in its boundaries after the creation of the new county. At the effective date of the creation of the new county, the new county shall acquire ownership of real property that was owned by the parent county that is located in the new county;

(2) All equipment owned by the parent county that is used in the construction or maintenance of roads or bridges must be apportioned based on total appraised value of the equipment between the new county and the parent county so that the new county receives a portion of this equipment that is in the same proportion as the number of miles of county roads in the new county, that were part of that parent county, is to the total number of miles of county roads in the parent county before the creation of the new county; and

(3) All other assets of the parent county, the apportionment of which is not otherwise provided for, must be apportioned between the parent county and new county based on total appraised value of the assets so that the new county receives a portion of these assets that is in the same proportion as the assessed valuation of the new county, that was part of the parent county, is to the total assessed valuation of the parent county before the creation of the new county. The assessed valuations must be those used for taxes imposed in the year of the election authorizing creation of the new county.

NEW SECTION. Sec. 32. Except as provided in this section, the creation of a new county may not affect the boundaries of a city, town, or special district of any kind.

(1) Unless the initial board of county officials provides otherwise, a single road district must exist in the new county composed of all the unincorporated area within the new county. Territory that is stricken from a parent county to create a new county must also be stricken from the road district or districts of the parent county effective as of the final day of the interim period.

(2) An area in a new county that was included in a county rural library district must remain part of that county rural library district. The trustees of such a library district must be appointed by joint action of the members of the county legislative authorities of the parent county or counties and the new county, 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 within the library district residing in that county and each member of that county legislative authority receiving an equal portion of that vote.

(3) Effective on the first day after the interim period for the creation of a new county, a public transportation benefit area that includes territory located in both the remaining parent county and new county will have its boundaries reduced to eliminate any territory located in the new county.

NEW SECTION. Sec. 33. (1) If the auditor for a parent county and the auditor for a new county formed in whole or in part from territory stricken from the parent county cannot agree to the apportionment of debts, liabilities, and assets, pursuant to RCW 36.09.010, 36.09.020, and section 31 of this act within sixty days of the notice to meet issued pursuant to RCW 36.09.020, either auditor may petition the division of the state court of appeals in which the greatest portion of the population of the new county resides, to impose, by order, an apportionment.

(2) Prior to entering an order of apportionment, the court of appeals may:

(a) Appoint a special master to gather facts, conduct hearings, review evidence, and make recommendations to the court;

(b) Authorize the special master to employ appraisers, accountants, actuaries, engineers, attorneys, or other experts, and to consult with state agencies, to assemble and evaluate evidence; and

(c) Exercise all other powers otherwise granted to the court that are necessary for the efficient and just resolution of issues.

(3) The court of appeals may award payment of fees and costs to any special master and any experts that the special master is authorized to retain and may assess such fees and costs against the parent county and the new county in such proportions as it deems just.

(4) The court of appeals, subject to any limitations imposed by the special legislation authorizing creation of the new county, shall enter an order apportioning all debts, liabilities, and assets of the parent county between the parent county and new county and providing for the method and time of transfer or payment. The order of the court of appeals shall be final.

(5) The provisions of RCW 2.06.040 shall apply to a proceeding under this section except that a decision rendered under this section shall not have precedential value and need not be published as an opinion of the court.

Sec. 34. RCW 2.06.030 and 1980 c 76 s 3 are each amended to read as follows:

The administration and procedures of the court shall be as provided by rules of the supreme court. The court shall be vested with all power and authority, not inconsistent with said rules, necessary to carry into complete execution all of its judgments, decrees and determinations in all matters within its jurisdiction, according to the rules and principles of the common law and the Constitution and laws of this state.

For the prompt and orderly administration of justice, the supreme court may (1) transfer to the appropriate division of the court for decision a case or appeal pending before the supreme court; or (2) transfer to the supreme court for decision a case or appeal pending in a division of the court.

Subject to the provisions of this section, the court shall have exclusive appellate jurisdiction in all cases except:

(a) cases of quo warranto, prohibition, injunction or mandamus directed to state officials;

(b) criminal cases where the death penalty has been decreed;

(c) cases where the validity of all or any portion of a statute, ordinance, tax, impost, assessment or toll is drawn into question on the grounds of repugnancy to the Constitution of the United States or of the state of Washington, or to a statute or treaty of the United States, and the superior court has held against its validity;

(d) cases involving fundamental and urgent issues of broad public import requiring prompt and ultimate determination; and

(e) cases involving substantive issues on which there is a direct conflict among prevailing decisions of panels of the court or between decisions of the supreme court;

all of which shall be appealed directly to the supreme court: PROVIDED, That whenever a majority of the court before which an appeal is pending, but before a hearing thereon, is in doubt as to whether such appeal is within the categories set forth in subsection (d) or (e) of this section, the cause shall be certified to the supreme court for such determination.

The appellate jurisdiction of the court of appeals does not extend to civil actions at law for the recovery of money or personal property when the original amount in controversy, or the value of the property does not exceed the sum of two hundred dollars.

The court shall have appellate jurisdiction over review of final decisions of administrative agencies certified by the superior court pursuant to RCW 34.05.518.

The court shall have original jurisdiction over petitions filed pursuant to section 33 of this act.

Appeals from the court to the supreme court shall be only at the discretion of the supreme court upon the filing of a petition for review. No case, appeal or petition for a writ filed in the supreme court or the court shall be dismissed for the reason that it was not filed in the proper court, but it shall be transferred to the proper court.

NEW SECTION. Sec. 35. Each parent county shall continue imposing sales and use taxes throughout its entire boundaries until the end of the interim period. Before the end of the interim period, each parent county will continue receiving federal and state moneys allocated to it as if the new county did not exist. State moneys must be allocated to the new county on whatever basis these moneys are distributed commencing on the first day after the interim period.

NEW SECTION. Sec. 36. The rule of strict construction does not apply to this chapter. The authority granted to the initial board of county officials of a new county shall be liberally interpreted to provide for a transition to a new county during the interim period so that, to the greatest extent possible, a new county will be able to fully function as a complete county government at the date the new county is officially created.

NEW SECTION. Sec. 37. The superior court and district court for the new county shall obtain jurisdiction over all new matters filed on or after the interim period expires, over which those courts otherwise have jurisdiction under the state Constitution and state law. The superior court and district court of the parent county or counties shall retain jurisdiction of any matters pending before them or on appeal from them on December 31st at the close of the interim period unless all parties to the matter stipulate to a change of venue to the superior or district court of the new county.

All pleadings, process, documents, and files in the office of the county clerk and in the offices of officers of the superior or district court of a parent county pertaining to actions and proceedings transferred to the superior or district court of the new county must be certified and transferred to the county clerk or to officers of the superior or district court of the new county.

NEW SECTION. Sec. 38. Following an election favorable to a new county, and within one hundred eighty days of the beginning of the interim period, all records, documents, and papers in the offices of the county auditor, county assessor, county treasurer, and other county officers of a parent county, affecting the title or possession of real property in the new county, assessed valuation of property located in the new county, registration of voters residing in the new county, or other appropriate matters, must be certified by the appropriate parent county official and must be transferred to the appropriate county officials and officers of the new county. If original records, documents, or papers are not transferred, certified copies must be provided. The appropriate county officials of the parent county and the new county may agree to these transfers through electronic, mechanical, or other methods that adequately ensure the accuracy of the transferred information. The new county shall pay all costs incurred with regard to the transfer of records, documents, and papers.

NEW SECTION. Sec. 39. During the interim period for a new county, the initial board of county officials may borrow money from the state treasurer in amounts and on terms deemed prudent and reasonable by the state treasurer.

Any loan obtained under this section must be repaid within three years of the initial disbursement. The state treasurer may withhold moneys from the funds otherwise payable to the new county to assure repayment.

NEW SECTION. Sec. 40. Beginning on January 1st following the interim period for a new county, the department of transportation shall adjust the allocations of transportation moneys made to counties to include the new county on the same bases as apply to previously existing counties.

Sec. 41. RCW 36.32.020 and 1982 c 226 s 4 are each amended to read as follows:

The board of county commissioners of each county shall divide their county into three commissioner districts so that each district shall comprise as nearly as possible one-third of the population of the county: PROVIDED, That the territory comprised in any voting precincts of such districts shall remain compact, and shall not be divided by the lines of said districts.

However, the commissioners of any county composed entirely of islands and with a population of less than thirty-five thousand may divide their county into three commissioner districts without regard to population, except that if any single island is included in more than one district, the districts on such island shall comprise, as nearly as possible, equal populations.

The lines of the districts shall not be changed ((~~oftener~~)) more often than once in four years except as authorized by section 26 of this act and only when a full board of commissioners is present. The districts shall be designated as districts numbered one, two and three.

Sec. 42. RCW 84.09.030 and 1996 c 230 s 1613 are each amended to read as follows:

Except as follows, the boundaries of counties, cities and all other taxing districts, for purposes of property taxation and the levy of property taxes, shall be the established official boundaries of such districts existing on the first day of March of the year in which the property tax levy is made.

The official boundaries of a newly incorporated taxing district shall be established at a different date in the year in which the incorporation occurred as follows:

(1) Boundaries for a newly incorporated city shall be established on the last day of March of the year in which the initial property tax levy is made, and the boundaries of a road district, library district, or fire protection district or districts, that include any portion of the area that was incorporated within its boundaries shall be altered as of this date to exclude this area, if the budget for the newly incorporated city is filed pursuant to RCW 84.52.020 and the levy request of the newly incorporated city is made pursuant to RCW 84.52.070. Whenever a proposed city incorporation is on the March special election ballot, the county auditor shall submit the legal description of the proposed city to the department of revenue on or before the first day of March;

(2) Boundaries for a newly incorporated port district shall be established on the first day of October if the boundaries of the newly incorporated port district are coterminous with the boundaries of another taxing district, as they existed on the first day of March of that year;

(3) Boundaries of any other newly incorporated taxing district shall be established on the first day of June of the year in which the property tax levy is made if the taxing district has boundaries coterminous with the boundaries of another taxing district, as they existed on the first day of March of that year;

(4) Boundaries for a newly incorporated water-sewer district shall be established on the fifteenth of June of the year in which the proposition under RCW 57.04.050 authorizing a water district excess levy is approved; and

(5) Boundaries of a new county, the counties from which territory is stricken to create the new county, any road districts in the counties from which the territory is stricken, and road districts in the newly created county shall be established on the first day of January following a favorable election for the creation of a new county.

The boundaries of a taxing district shall be established on the first day of June if territory has been added to, or removed from, the taxing district after the first day of March of that year with boundaries coterminous with the boundaries of another taxing district as they existed on the first day of March of that year. However, the boundaries of a road district, library district, or fire protection district or districts, that include any portion of the area that was annexed to a city or town within its boundaries shall be altered as of this date to exclude this area. In any case where any instrument setting forth the official boundaries of any newly established taxing district, or setting forth any change in such boundaries, is required by law to be filed in the office of the county auditor or other county official, said instrument shall be filed in triplicate. The officer with whom such instrument is filed shall transmit two copies to the county assessor.

No property tax levy shall be made for any taxing district whose boundaries are not established as of the dates provided in this section.

NEW SECTION. Sec. 43. The costs associated with the creation of a new county, including the costs of elections that are authorized by this act as well as the expenses incurred by the planning commission pursuant to its responsibilities, shall be paid by the parent county or counties. If the new county is approved by the voters, all costs borne by the parent county or counties as a result of implementing the procedures for the creation of a new county shall be reimbursed by the new county within one year of its creation.

NEW SECTION. Sec. 44. (1) Every person who signs a petition requesting the creation of a new county with any name other than his or her true name is guilty of a class C felony punishable under RCW 9A.20.021.

(2) Every person who: (a) Knowingly signs more than one petition for the same effort to create a new county; (b) signs a petition requesting the creation of a new county knowing that he or she is not a legal voter; or (c) makes a false statement as to his or her residence on any petition requesting the creation of a new county, is guilty of a gross misdemeanor punishable under RCW 9A.20.021.

NEW SECTION. Sec. 45. If necessary, the code reviser shall recodify RCW 36.09.010 and 36.09.020 to conform with the reorganization of chapter 36.09 RCW as provided in this act and provide for a logical order of sections.

NEW SECTION. Sec. 46. The following acts or parts of acts are each repealed:

(1) RCW 4.12.070 (Change to newly created county) and 1891 c 33 s 2, Code 1881 s 53, 1877 p 12 s 54, 1869 p 14 s 54, & 1854 p 377 s 2;

(2) RCW 36.09.035 (Procedure to settle amount charged new county--Disagreement between auditors--Determination by third person) and 1963 c 4 s 36.09.035;

(3) RCW 36.09.040 (Payment of indebtedness--Transfer of property) and 1963 c 4 s 36.09.040; and

(4) RCW 36.09.050 (Collection of taxes levied--Apportionment) and 1963 c 4 s 36.09.050.

NEW SECTION. Sec. 47. Sections 2 through 27, 31 through 33, 35 through 40, 43, and 44 of this act are each added to chapter 36.09 RCW.

NEW SECTION. Sec. 48. 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.