BILL REQ. #:  H-0459.2 

Read first time 02/03/2003.   Referred to Committee on Local Government.

     AN ACT Relating to the election of library board members; amending RCW 27.12.010, 27.12.050, 27.12.120, 27.12.130, 27.12.140, 27.12.150, 27.12.160, 27.12.170, 27.12.180, 27.12.190, 27.12.210, 27.12.215, 27.12.220, 27.12.240, 27.12.260, 27.12.270, 27.12.280, 27.12.285, 27.12.290, 27.12.300, 27.12.305, 27.12.320, 27.12.355, 27.12.360, 27.12.395, 27.12.420, 27.12.430, 27.12.440, and 27.12.470; adding a new section to chapter 27.12 RCW; and declaring an emergency.

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

Sec. 1   RCW 27.12.010 and 1994 c 198 s 1 are each amended to read as follows:
     ((As used in this chapter,)) The definitions in this section apply throughout this chapter unless the context requires ((a different meaning:)) otherwise.
     (1) "Governmental unit" means any county, city, town, rural county library district, intercounty rural library district, rural partial-county library district, or island library district;
     (2) "Legislative body" means the body authorized to determine the amount of taxes to be levied in a governmental unit; in rural county library districts, in intercounty rural library districts, and in island library districts, the legislative body shall be the library board ((of library trustees)) of the district;
     (3) "Library" means a free public library supported in whole or in part with money derived from taxation;
     (4) "Regional library" means a free public library maintained by two or more counties or other governmental units as provided in RCW 27.12.080;
     (5) "Rural county library district" means a library serving all the area of a county not included within the area of incorporated cities and towns: PROVIDED, That any city or town with a population of one hundred thousand or less at the time of annexation may be included therein as provided in RCW 27.12.360 through 27.12.390;
     (6) "Intercounty rural library district" means a municipal corporation organized to provide library service for all areas outside of incorporated cities and towns within two or more counties: PROVIDED, That any city or town with a population of one hundred thousand or less at the time of annexation may be included therein as provided in RCW 27.12.360 through 27.12.390;
     (7) "Island library district" means a municipal corporation organized to provide library service for all areas outside of incorporated cities and towns on a single island only, and not all of the area of the county, in counties composed entirely of islands and having a population of less than twenty-five thousand at the time the island library district was created: PROVIDED, That any city or town with a population of one hundred thousand or less at the time of annexation may be included therein as provided in RCW 27.12.360 through 27.12.390; and
     (8) "Rural partial-county library district" means a municipal corporation organized to provide library service for a portion of the unincorporated area of a county. Any city or town located in the same county as a rural partial-county library district may annex to the district if the city or town has a population of one hundred thousand or less at the time of annexation.

Sec. 2   RCW 27.12.050 and 1973 1st ex.s. c 195 s 5 are each amended to read as follows:
     At the next general election after the board of county commissioners has declared a rural county library district established, ((it)) the voters of the library district shall ((appoint a board of library trustees)) elect members of a library board as provided in RCW 27.12.190 and provide funds for the establishment and maintenance of library service for the district by making a tax levy on the property in the district of not more than fifty cents per thousand dollars of assessed value per year sufficient for the library service as shown to be required by the budget submitted to the board of county commissioners by the library board ((of library trustees)), and by making a tax levy in such further amount as shall be authorized pursuant to RCW 27.12.222 or 84.52.052 or 84.52.056. Such levies shall be a part of the general tax roll and shall be collected as a part of the general taxes against the property in the district.

Sec. 3   RCW 27.12.120 and 1961 c 82 s 2 are each amended to read as follows:
     All property, assets, and liabilities of preexisting library districts within the area included in an intercounty rural library district shall pass to and be assumed by an intercounty rural library district: PROVIDED, That where within any intercounty rural library district heretofore or hereafter organized under the provisions of this chapter a preexisting library district had incurred a bonded indebtedness which was outstanding at the time of the formation of the intercounty rural library district, such preexisting library district shall retain its corporate existence insofar as is necessary for the purpose until the bonded indebtedness outstanding against it on and after the effective date of said formation has been paid in full: PROVIDED FURTHER, That a special election may be called by the library board ((of trustees)) of the intercounty rural library district, to be held at the next general or special election held in the respective counties for the purpose of affording the voters residing within the area outside of the preexisting library district an opportunity to assume the obligation of the bonded indebtedness of the preexisting library district or the question may be submitted to the voters as a separate proposition at the election on the proposal for the formation of the intercounty rural library district.

Sec. 4   RCW 27.12.130 and 1959 c 133 s 1 are each amended to read as follows:
     ((Immediately)) At the next general election following the establishment of an intercounty rural library district the ((boards of county commissioners)) voters of the ((counties affected)) library district shall ((jointly appoint)) elect a library board of five or seven ((trustees)) members for the district in accordance with RCW 27.12.190. The library board ((of trustees)) shall appoint a librarian for the district.

Sec. 5   RCW 27.12.140 and 1947 c 75 s 6 are each amended to read as follows:
     The library board ((of trustees)) of an intercounty rural library district may adopt a name by which the district shall be known and under which it shall transact all of its business.

Sec. 6   RCW 27.12.150 and 1973 1st ex.s. c 195 s 7 are each amended to read as follows:
     Funds for the establishment and maintenance of the library service of the district shall be provided by the boards of county commissioners of the respective counties by means of an annual tax levy on the property in the district of not more than fifty cents per thousand dollars of assessed value per year. The tax levy in the several counties shall be at a uniform rate and shall be based on a budget to be compiled by the library board ((of trustees)) of the intercounty rural library district who shall determine the uniform tax rate necessary and certify their determination to the respective boards of county commissioners.
     Excess levies authorized pursuant to RCW 27.12.222 and 84.52.052 or 84.52.056 shall be at a uniform rate which uniform rate shall be determined by the library board ((of trustees)) of the intercounty rural library district and certified to the respective boards of county commissioners.

Sec. 7   RCW 27.12.160 and 1947 c 75 s 8 are each amended to read as follows:
     The library board ((of trustees)) of an intercounty rural library district shall designate the county treasurer of one of the counties included in the district to act as treasurer for the district. All moneys raised for the district by taxation within the participating counties or received by the district from any other sources shall be paid over to ((him)) the designated county treasurer, and he or she shall disburse the funds of the district upon warrants drawn thereon by the auditor of the county to which he or she belongs pursuant to vouchers approved by the trustees of the district.

Sec. 8   RCW 27.12.170 and 1947 c 75 s 9 are each amended to read as follows:
     Except as otherwise specifically provided intercounty rural library districts and the ((trustees)) library board members thereof shall have the same powers as are prescribed by RCW 27.12.040 through 27.12.070, for rural county library districts and shall follow the same procedures and be subject to the same limitations as are provided therein with respect to the contracting of indebtedness.

Sec. 9   RCW 27.12.180 and 1941 c 65 s 6 are each amended to read as follows:
     Instead of establishing or maintaining an independent library, the legislative body of any governmental unit authorized to maintain a library shall have power to contract to receive library service from an existing library, the board ((of trustees)) of which shall have reciprocal power to contract to render the service with the consent of the legislative body of its governmental unit. Such a contract shall require that the existing library perform all the functions of a library within the governmental unit wanting service. In like manner a legislative body may contract for library service from a library not owned by a public corporation but maintained for free public use: PROVIDED, That such a library be subject to inspection by the state librarian and be certified by ((him)) the state librarian as maintaining a proper standard. Any school district may contract for school library service from any existing library, such service to be paid for from funds available to the school district for library purposes.

Sec. 10   RCW 27.12.190 and 1982 c 123 s 8 are each amended to read as follows:
     The management and control of a library shall be vested in a library board of either five or seven ((trustees)) members as hereinafter in this section provided. In cities and towns five ((trustees)) members shall be ((appointed by the mayor with the consent of the legislative body)) elected by those persons who are eligible to vote in the respective city or town elections. In counties, rural county library districts, and island library districts, five ((trustees)) members shall be ((appointed by the board of county commissioners)) elected by those persons who are eligible to vote in the district. In a regional library district a board of either five or seven ((trustees)) members shall be ((appointed by the joint action of the legislative bodies concerned)) elected by those persons who are eligible to vote in the district. In intercounty rural library districts a board of either five or seven ((trustees)) members shall be ((appointed by the joint action of the boards of county commissioners of each of the counties included in a)) elected by those persons who are eligible to vote in the district. ((The first appointments for boards comprised of but five trustees shall be for terms of one, two, three, four, and five years respectively, and thereafter a trustee shall be appointed annually to serve for five years. The first appointments for boards comprised of seven trustees shall be for terms of one, two, three, four, five, six, and seven years respectively, and thereafter a trustee shall be appointed annually to serve for seven years.)) The term of each trustee shall be four years and until his or her successor is elected and qualified and assumes office in accordance with RCW 29.04.170. Trustees shall be elected in odd-numbered years as provided in RCW 29.13.020.
     On a five-member board, the positions for the three members who have the least number of years remaining in their respective terms as of June 30, 2003, shall be open for election in 2003. The positions for the remaining two members on the five-member board shall be open for election in 2005. On a five-member board created after June 30, 2003, all members shall be elected at the same odd-numbered year election, but the first terms of three of the members shall be only two years.
     On a seven-member board, the positions for the four members who have the least number of years remaining in their respective terms as of June 30, 2003, shall be open for election in 2003. The positions for the remaining three members on the seven-member board shall be open for election in 2005. On a seven-member board created after June 30, 2003, all members shall be elected at the same odd-numbered year election, but the first terms of four of the members shall be only two years.
     No person shall be ((appointed)) elected to any library board ((of trustees)) for more than two consecutive terms. Vacancies shall be filled for unexpired terms as soon as possible in the manner ((in which members of the board are regularly chosen)) provided in RCW 42.12.070.
     A library ((trustee)) board member shall not receive a salary or other compensation for services as ((trustee)) a board member, but necessary expenses actually incurred shall be paid from the library funds.
     A library ((trustee in the case of a city or town may be removed only by vote of the legislative body. A trustee of a county library, a rural county library district library, or an island library district library may be removed for just cause by the county commissioners after a public hearing upon a written complaint stating the ground for removal, which complaint, with a notice of the time and place of hearing, shall have been served upon the trustee at least fifteen days before the hearing. A trustee of an intercounty rural library district may be removed by the joint action of the board of county commissioners of the counties involved in the same manner as provided herein for the removal of a trustee of a county library)) board member may be removed only through the recall procedures provided in chapter 29.82 RCW.

NEW SECTION.  Sec. 11   A new section is added to chapter 27.12 RCW to read as follows:
     All elections held pursuant to RCW 27.12.190, whether general or special, must be conducted by the county auditor of the county in which the library is located. The expense of such an election must be paid for out of the funds of the library.

Sec. 12   RCW 27.12.210 and 1982 c 123 s 9 are each amended to read as follows:
     The ((trustees)) library board members, immediately after their appointment or election, shall meet and organize by the election of such officers as they deem necessary. They shall:
     (1) Adopt such bylaws, rules, and regulations for their own guidance and for the government of the library as they deem expedient;
     (2) Have the supervision, care, and custody of all property of the library, including the rooms or buildings constructed, leased, or set apart therefor;
     (3) Employ a librarian, and upon his or her recommendation employ such other assistants as may be necessary, all in accordance with the provisions of RCW ((27.08.010)) 27.04.055, prescribe their duties, fix their compensation, and remove them for cause;
     (4) Submit annually to the legislative body a budget containing estimates in detail of the amount of money necessary for the library for the ensuing year; except that in a library district the library board ((of library trustees)) shall prepare its budget, certify the same and deliver it to the board of county commissioners in ample time for it to make the tax levies for the purpose of the district;
     (5) Have exclusive control of the finances of the library;
     (6) Accept such gifts of money or property for library purposes as they deem expedient;
     (7) Lease or purchase land for library buildings;
     (8) Lease, purchase, or erect an appropriate building or buildings for library purposes, and acquire such other property as may be needed therefor;
     (9) Purchase books, periodicals, maps, and supplies for the library; and
     (10) Do all other acts necessary for the orderly and efficient management and control of the library.

Sec. 13   RCW 27.12.215 and 1979 ex.s. c 40 s 1 are each amended to read as follows:
     The ((trustees)) members of a library board or a library district have the authority to spend funds to recruit job candidates. The ((trustees)) members have the authority to reimburse job candidates for reasonable and necessary travel expenses including transportation, subsistence, and lodging.

Sec. 14   RCW 27.12.220 and 1982 c 123 s 10 are each amended to read as follows:
     The ((trustees)) library board members of any rural county library district, any island library district, or any intercounty rural library district may include in the annual budget of such district an item for the accumulation during such year of a specified sum of money to be expended in a future year for the acquisition, enlargement, or improvement of real or personal property for library purposes.

Sec. 15   RCW 27.12.240 and 1965 c 122 s 4 are each amended to read as follows:
     After a library shall have been established or library service contracted for, the legislative body of the governmental unit for which the library was established or the service engaged, shall appropriate money annually for the support of the library. All funds for the library, whether derived from taxation or otherwise, shall be in the custody of the treasurer of the governmental unit, and shall be designated by him or her in some manner for identification, and shall not be used for any but library purposes. The library board ((of trustees)) shall have the exclusive control of expenditures for library purposes subject to any examination of accounts required by the state and money shall be paid for library purposes only upon vouchers of the board of trustees, without further audit. The board shall not make expenditures or incur indebtedness in any year in excess of the amount of money appropriated and/or available for library purposes.

Sec. 16   RCW 27.12.260 and 1935 c 119 s 12 are each amended to read as follows:
     At the close of each year the library board ((of trustees)) of every library shall make a report to the legislative body of the governmental unit wherein the board serves, showing the condition of their trust during the year, the sums of money received for the library fund from taxes and other sources, the sums of money expended and the purposes of the expenditures, the number of books and periodicals on hand, the number added during the year, the number retired, the number loaned out, and such other statistics and information and such suggestions as they deem of public interest. A copy of this report shall be filed with the state librarian.

Sec. 17   RCW 27.12.270 and 1935 c 119 s 13 are each amended to read as follows:
     Every library established or maintained under this act shall be free for the use of the inhabitants of the governmental unit in which it is located, subject to such reasonable rules and regulations as the ((trustees)) board members find necessary to assure the greatest benefit to the greatest number, except that the ((trustees)) board members may charge a reasonable fee for the use of certain duplicate copies of popular books.

Sec. 18   RCW 27.12.280 and 1935 c 119 s 14 are each amended to read as follows:
     The board ((of trustees)) of a library, under such rules and regulations as it may deem necessary and upon such terms and conditions as may be agreed upon, may allow nonresidents of the governmental unit in which the library is situated to use the books thereof, and may make exchanges of books with any other library, either permanently or temporarily.

Sec. 19   RCW 27.12.285 and 1975 c 50 s 1 are each amended to read as follows:
     The legislature finds that it is necessary to give the several library boards ((of library trustees)) in this state additional powers in order to effectuate the state's policy with regard to libraries as set forth in RCW 27.12.020. On and after March 27, 1975, the library board ((of library trustees)) in any county of this state, in addition to any other powers and duties, is hereby authorized to provide library services to Indian tribes recognized as such by the federal government or to supplement any existing library services of such an Indian tribe. The power granted by this section shall extend beyond the geographic limits of the library district and the county or counties in which the district is located.

Sec. 20   RCW 27.12.290 and 1935 c 119 s 15 are each amended to read as follows:
     A library board ((of library trustees)) may exclude from the use of the library under its charge any person who willfully and persistently violates any rule or regulation prescribed for the use of the library or its facilities or any person whose physical condition is deemed dangerous or offensive to other library users.

Sec. 21   RCW 27.12.300 and 1935 c 119 s 18 are each amended to read as follows:
     The title to money or property given to or for the use or benefit of a library shall vest in the library board ((of trustees)), to be held and used according to the terms of the gift.

Sec. 22   RCW 27.12.305 and 1972 ex.s. c 90 s 1 are each amended to read as follows:
     Any public library, including the state library created pursuant to chapter 27.04 RCW, shall have the authority to provide for the sale of library materials developed by the library staff for its use but which are of value to others such as book catalogs, books published by the library, indexes, films, slides, book lists, and similar materials.
     The library commission, library board ((of library trustees)), or other governing authority charged with the direct control of a public library shall determine the prices and quantities of materials to be prepared and offered for sale. Prices shall be limited to the publishing and preparation costs, exclusive of staff salaries and overhead. Any moneys received from the sales of such materials shall be placed in the appropriate library fund.
     Nothing in this section shall be construed to authorize any library to charge any resident for a library service nor to authorize any library to sell materials to a branch library or library which is part of a depository library system when such materials may be distributed free of cost to such library nor shall this section be construed to prevent, curtail, or inhibit any free distribution programs or exchange programs between libraries or between libraries and other agencies.

Sec. 23   RCW 27.12.320 and 1982 c 123 s 12 are each amended to read as follows:
     A library established or maintained under this chapter (except a regional or a rural county library district library, an intercounty rural library district library, or an island library district library) may be abolished only in pursuance of a vote of the electors of the governmental unit in which the library is located, taken in the manner prescribed in RCW 27.12.030 for a vote upon the establishment of a library. If a library of a city or town be abolished, the books and other printed or written matter belonging to it shall go to the library of the county whereof the municipality is a part, if there be a county library, but if not, then to the state library. If a library of a county or region be abolished, the books and other printed matter belonging to it shall go to the state library. All other library property shall be disposed of as the legislative body of the governmental unit shall direct.
     After a rural county library district, an island library district, or an intercounty rural library district has been in operation for three or more years, it may be dissolved pursuant to a majority vote of all of the qualified electors residing outside of incorporated cities and towns voting upon a proposition for its dissolution, at a general election, which proposition may be placed upon the ballot at any such election whenever a petition by ten percent or more qualified voters residing outside of incorporated cities or towns within a rural county library district, an island library district, or an intercounty rural library district requesting such dissolution shall be filed with the library board ((of trustees)) of such district not less than ninety days prior to the holding of any such election. An island library district may also be dissolved pursuant to RCW 27.12.450.
     If a rural county library district is dissolved, the books and other printed matter belonging to it shall go to the state library. All other library property shall be disposed of as the legislative body of the governmental unit shall direct. When an intercounty rural library district is dissolved, the books, funds, and other property thereof shall be divided among the participating counties in the most equitable manner possible as determined by the state librarian, who shall give consideration to such items as the original source of property, the amount of funds raised from each county by the district, and the ability of the counties to make further use of such property or equipment for library purposes. Printed material which the state librarian finds will not be used by any of the participating counties for further library purposes shall be turned over to the state library.
     When an island library district is dissolved pursuant to this section, the books and other printed matter belonging to it shall go to the state library. All other library property shall be disposed of as the legislative body of the governmental unit shall direct. When an island library district is dissolved due to the establishment of a county library district, pursuant to RCW 27.12.450, all property, assets, and liabilities of the preexisting island library district within the area included in the county rural library district shall pass to and be assumed by the county rural library district: PROVIDED, That where within any county rural library district heretofore or hereafter organized under the provisions of this chapter a preexisting island library district has incurred a bonded indebtedness which was outstanding at the time of the formation of the county rural library district, the preexisting island library district shall retain 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 formation has been paid in full: PROVIDED FURTHER, That a special election may be called by the library board ((of trustees)) of the county rural library district, to be held at the next general or special election held in the respective counties, for the purpose of affording the voters residing within the area outside of the preexisting island library district an opportunity to assume the obligation of the bonded indebtedness of the preexisting island library district or the question may be submitted to the voters as a separate proposition at the election on the proposal for the formation of the county rural library district.

Sec. 24   RCW 27.12.355 and 1987 c 138 s 1 are each amended to read as follows:
     (1) As provided in this section, a rural county library district, island library district, or intercounty rural library district may withdraw areas from its boundaries, or reannex areas into the library district that previously had been withdrawn from the library district under this section.
     (2) The withdrawal of an area shall be authorized upon: (a) Adoption of a resolution by the library board ((of trustees)) requesting the withdrawal and finding that, in the opinion of the board, inclusion of this area within the library district will result in a reduction of the district's tax levy rate under the provisions of RCW 84.52.010; and (b) adoption of a resolution by the city or town council approving the withdrawal, if the area is located within the city or town, or adoption of a resolution by the county legislative authority of the county within which the area is located approving the withdrawal, if the area is located outside of a city or town. A withdrawal shall be effective at the end of the day on the thirty-first day of December in the year in which the resolutions are adopted, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the second resolution.
     The authority of an area to be withdrawn from a library district as provided under this section is in addition, and not subject, to the provisions of RCW 27.12.380.
     The withdrawal of an area from the boundaries of a library district shall not exempt any property therein from taxation for the purpose of paying the costs of redeeming any indebtedness of the library district existing at the time of the withdrawal.
     (3) An area that has been withdrawn from the boundaries of a library district under this section may be reannexed into the library district upon: (a) Adoption of a resolution by the library board ((of trustees)) proposing the reannexation; and (b) adoption of a resolution by the city or town council approving the reannexation, if the area is located within the city or town, or adoption of a resolution by the county legislative authority of the county within which the area is located approving the reannexation, if the area is located outside of a city or town. The reannexation shall be effective at the end of the day on the thirty-first day of December in the year in which the adoption of the second resolution occurs, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the second resolution. Referendum action on the proposed reannexation may be taken by the voters of the area proposed to be reannexed if a petition calling for a referendum is filed with the city or town council, or county legislative authority, within a thirty-day period after the adoption of the second resolution, which petition has been signed by registered voters of the area proposed to be reannexed equal in number to ten percent of the total number of the registered voters residing in that area.
     If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions shall be held in abeyance and a ballot proposition to authorize the reannexation shall be submitted to the voters of the area at the next special election date specified in RCW 29.13.020 that occurs forty-five or more days after the petitions have been validated. Approval of the ballot proposition authorizing the reannexation by a simple majority vote shall authorize the reannexation.

Sec. 25   RCW 27.12.360 and 1982 c 123 s 13 are each amended to read as follows:
     Any city or town with a population of one hundred thousand or less at the time of annexation may become a part of any rural county library district, island library district, or intercounty rural library district lying contiguous thereto by annexation in the following manner: The inclusion of such a city or town may be initiated by the adoption of an ordinance by the legislative authority thereof stating its intent to join the library district and finding that the public interest will be served thereby. Before adoption, the ordinance shall be submitted to the library board of the city or town for its review and recommendations. If no library board exists in the city or town, the state librarian shall be notified of the proposed ordinance. If the library board ((of trustees)) of the library district concurs in the annexation, notification thereof shall be transmitted to the legislative authority or authorities of the counties in which the city or town is situated.

Sec. 26   RCW 27.12.395 and 1985 c 392 s 1 are each amended to read as follows:
     (1) All liabilities of a city or town that is annexed to a rural county library district or intercounty rural library district, which liabilities were incurred for the purpose of or in the course of acquiring, operating, or maintaining a library or libraries, may, if provided for in the ordinance providing for annexation and in the resolution of the district consenting to annexation, pass to and be assumed by the rural county library district or intercounty rural library district. Notwithstanding the foregoing, if the city or town has incurred any voted bonded indebtedness for the purpose of acquiring, operating, or maintaining a library or libraries, and if the indebtedness is outstanding at the time of the annexation, the voted bonded indebtedness shall not be assumed by the annexing district.
     (2) Notwithstanding subsection (1) of this section, if the annexed city or town has outstanding at the time of the annexation any voted bonded indebtedness incurred for the purpose of acquiring, operating, or maintaining a library or libraries, a special election may be called by the library board ((of trustees)) of the rural county library district or intercounty rural library district, to be held at the next general or special election held in the applicable county or counties, for the purpose of affording the voters residing within the area of the district outside the annexed city or town an opportunity to assume the voted bonded indebtedness of the annexed city or town upon the assent of three-fifths of the voters.

Sec. 27   RCW 27.12.420 and 1982 c 123 s 4 are each amended to read as follows:
     ((Immediately)) At the next general election following the establishment of an island library district, the ((board of county commissioners)) voters of the library district shall ((appoint a board of library trustees)) elect members of a library board for the district in accordance with RCW 27.12.190. The library board ((of trustees)) shall appoint a librarian for the district.
     Funds for the establishment and maintenance of the library service of the district shall be provided by the board of county commissioners by means of an annual tax levy on the property in the district of not more than fifty cents per thousand dollars of assessed value per year. The tax levy shall be based on a budget to be compiled by the library board ((of trustees)) of the island library district who shall determine the tax rate necessary and certify their determination to the board of county commissioners.
     Excess levies authorized pursuant to RCW 27.12.222, 84.52.052, or 84.52.056 shall be at a rate determined by the library board ((of trustees)) of the island library district and certified to the board of county commissioners.

Sec. 28   RCW 27.12.430 and 1982 c 123 s 6 are each amended to read as follows:
     The library board ((of trustees)) of an island library district may adopt a name by which the district shall be known and under which it shall transact all of its business.

Sec. 29   RCW 27.12.440 and 1982 c 123 s 5 are each amended to read as follows:
     Except as otherwise specifically provided, island library districts and the ((trustees)) library board members thereof shall have the same powers and limitations as are prescribed by RCW 27.12.060 through 27.12.070 for rural county library districts and shall follow the same procedures and be subject to the same limitations as are provided therein with respect to the contracting of indebtedness.

Sec. 30   RCW 27.12.470 and 1999 c 153 s 25 are each amended to read as follows:
     A rural partial-county library district may be created in a portion of the unincorporated area of a county as provided in this section if a rural county library district, intercounty rural library district, or island library district has not been created in the county.
     The procedure to create a rural partial-county library district is initiated by the filing of petitions with the county auditor proposing the creation of the district that have been signed by at least ten percent of the registered voters residing in the area proposed to be included in the rural partial-county library district. The county auditor shall review the petitions and certify the sufficiency or insufficiency of the signatures to the county legislative authority.
     If the petitions are certified as having sufficient valid signatures, the county legislative authority shall hold a public hearing on the proposed rural partial-county library district, may adjust the boundaries of the proposed district, and may cause a ballot proposition to be submitted to the voters of the proposed rural partial-county library district authorizing its creation if the county legislative authority finds that the creation of the rural partial-county library district is in the public interest. A subsequent public hearing shall be held if additional territory is added to the proposed rural partial-county library district by action of the county legislative authority.
     The rural partial-county library district shall be created if the ballot proposition authorizing the creation of the district is approved by a simple majority vote of the voters voting on the proposition. ((Immediately after)) At the next general election following creation of the rural partial-county library district, the ((county legislative authority shall appoint a)) voters of the library district shall elect members of a library board ((of library trustees)) for the district as provided under RCW 27.12.190.
     Except as provided in this section, a rural partial-county library district is subject to all the provisions of law applicable to a rural county library district and shall have all the powers, duties, and authorities of a rural county library district, including, but not limited to, the authority to impose property taxes, incur debt, and annex a city or town with a population of less than one hundred thousand at the time of the annexation that is located in the same county as the rural partial-county library district.
     Adjacent unincorporated territory in the county may be annexed to a rural partial-county library district in the same manner as territory is annexed to a water-sewer district, except that an annexation is not subject to potential review by a boundary review board.
     If, at the time of creation, a rural partial-county library district has an assessed valuation of less than fifty million dollars, it may provide library services only by contracting for the services through an interlocal agreement with an adjacent library district, or an adjacent city or town that maintains its own library. If the assessed valuation of the rural partial-county library district subsequently reaches fifty million dollars as a result of annexation or appreciation, the fifty million dollar limitation shall not apply.
     If a ballot proposition is approved creating a rural county library district in the county, every rural partial-county library district in that county shall be dissolved and its assets and liabilities transferred to the rural county library district. Where a rural partial-county library district has annexed a city or town, the voters of the city or town shall be allowed to vote on the proposed creation of a rural county library district and, if created, the rural county library district shall include each city and town that was annexed to the rural partial-county library district.
     Nothing in this section authorizes the consolidation of a rural partial-county library district with any rural county library district; island library district; city, county, or regional library; intercounty library district; or other rural partial-county library district, unless, in addition to any other requirements imposed by statute, the boards of all library districts involved approve the consolidation.

NEW SECTION.  Sec. 31   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.