AN ACT Relating to creating Cascade county by striking from King county the territory outside the city of Seattle; adding a new chapter to Title 36 RCW; prescribing penalties; and declaring an emergency.

NEW SECTION.  Sec. 1   FINDINGS AND INTENT. The legislature finds that King county has grown in population to exceed that of twelve states, and that as a result of its size can no longer be effectively managed as a single county. The resulting management problems in King county have had an adverse impact throughout the state. Furthermore, the size of King county permits it to have influence over state issues to the detriment of other counties throughout the state. It is therefore a compelling interest of the entire state to divide King county into smaller, more manageable portions. Such a division would enable each of the smaller portions of the county to better serve the needs of its citizens.
     The legislature further finds that Article II, section 28 of the state Constitution permits the legislature to enact special legislation creating new counties, subject to the requirements in Article XI, section 3 establishing minimum populations for both the new county and the territory remaining in the counties from which territory is stricken, and requiring that a majority of the registered voters in the area to be stricken sign a petition therefor. In fact, this process of enacting special legislation along with a petition to strike territory from an existing county is the mechanism by which all new counties have been created since statehood, because the legislature has yet to enact a general law applicable to the whole state that would permit the people to strike areas from existing counties and create new counties by petition alone. The Constitution, however, does not require the petition to be received prior to the enacting of such special legislation; it requires only that the territory not actually be stricken from the county until after the petition is received. Furthermore, the Constitution does not require that the petition be initiated by the voters in the area to be stricken, but only that they sign the petition. The Constitution does not bar the legislature from initiating the petition to strike territory from an existing county, nor does it bar the use of state resources to develop, circulate, and promote such a petition.
     The legislature further finds that the population of King county within the boundaries of the city of Seattle is greater than four thousand; that the population of King county outside the boundaries of the city of Seattle is greater than two thousand; and that the territory of King county outside the boundaries of the city of Seattle is a single, contiguous area.
     The legislature further finds that Article XI, section 16 of the state Constitution provides for the establishment of combined city-county governments, and that if a city and county were to share boundaries, operational efficiencies could be obtained by combining the governments thereof.
     Accordingly, it is the intent of the legislature to strike from King county the territory which is outside the existing corporate limits of the city of Seattle, and to create therefrom a new county to be known as Cascade county; to circulate a petition amongst the registered voters residing in the area to be stricken to seek their consent to the striking of such territory; to provide for an equitable apportionment of the debts, liabilities, and assets of King county between Cascade county and the remaining portion of King county; and to encourage the residents remaining in King county and the city of Seattle to obtain operational efficiencies by seeking to form a combined city-county government, to be known as the city and county of Seattle, according to the provisions of Article XI, section 16 of the state Constitution.

NEW SECTION.  Sec. 2   DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Cascade county" means the county that will be created by striking from King county all territory that is outside the corporate limits of the city of Seattle as of the effective date of this act, in accordance with Article XI, section 3 of the state Constitution, upon certification of a petition signed by a majority of the registered voters residing in the territory to be stricken.
     (2) "Assets" means all: (a) Real estate and leasehold interests in real estate owned by King county; (b) tangible personal property owned or leased by King county; and (c) intangible personal property owned by King county including cash, securities, commercial paper, notes, accounts receivable, and contract rights. Assets are determined as of the first day of the interim period.
     (3) "Interim period" means the period during which the Cascade county government is established, the apportionment of debts, liabilities, and assets is implemented, and the transfer of all records from King county to Cascade county is completed. The period begins on January 1st of the second year after the certification of a petition signed by a majority of registered voters in the area to be stricken from King county, and the period ends on December 31st of the same year.

NEW SECTION. Sec. 3 APPOINTMENT OF SPECIAL MASTER. The chief judge of division I of the court of appeals shall, within thirty days of the effective date of this act, appoint a special master to gather facts, conduct hearings, review evidence, and make recommendations to the court regarding the division of assets and liabilities between King county and Cascade county in accordance with sections 4 through 7 of this act.

NEW SECTION.  Sec. 4   DUTIES OF SPECIAL MASTER. (1) The special master shall determine the formal legal description of the territory to be included in Cascade county, consistent with section 2 of this act.
     (2) The special master shall recommend the boundaries of three initial county commissioner districts for Cascade county.
     (3) The special master may employ appraisers, accountants, actuaries, engineers, attorneys, or other experts, and consult with state and local agencies, to assemble and evaluate evidence and exercise all other powers otherwise granted to the court that are necessary for the efficient and just resolution of issues.
     (4) 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. Such fees and costs shall be paid from the general funds of the state.

NEW SECTION. Sec. 5 EQUITABLE APPORTIONMENT. Cascade county is liable for an equitable proportion of the debts and liabilities of King county and must receive an equitable proportion of the assets of King county.

NEW SECTION.  Sec. 6   APPORTIONMENT. (1) In apportioning the debts and liabilities under section 5 of this act, the court shall not charge either county with any share of debts or liabilities then existing incurred in the purchase of county property, or in the purchase or construction of public buildings then in use or under construction, or roads or bridges then in use or under construction, that are located within the other county except where the repayment of the debt or liability is being made or is to be made from bonds originally authorized by a vote of the qualified electors in the other county.
     (2) The remaining debts and liabilities of King county must be apportioned so that Cascade county is assigned an amount of debts and liabilities that is in the same proportion as the assessed valuation of Cascade county to the total assessed valuation in King county before the creation of Cascade county. The assessed valuations must be those used for taxes imposed in the year before the effective date of this act.
     (3) This section may not be construed to affect the rights of creditors.

NEW SECTION.  Sec. 7   APPORTIONMENT OF REAL PROPERTY AND EQUIPMENT. (1) In apportioning the assets of King county, King county retains ownership of real property it owns that remains in its boundaries after the creation of Cascade county. At the effective date of the creation of Cascade county, Cascade county acquires ownership of real property that was owned by King county that is located in Cascade county. No valuation of or compensation for real property is required.
     (2) All equipment owned by King 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 Cascade county and King county so that Cascade county receives a portion of this equipment that is in the same proportion as the number of miles of county roads in Cascade county is to the total number of miles of county roads in King county before the creation of Cascade county.
     (3) All other assets of King county, the apportionment of which is not otherwise provided for, must be apportioned between King county and Cascade county based on total appraised value of the assets so that Cascade county receives a portion of these assets that is in the same proportion as the assessed valuation of Cascade county is to the total assessed valuation of King county before the creation of Cascade county. The assessed valuations must be those used for taxes imposed in the year before the effective date of this act.

NEW SECTION. Sec. 8 ENTRY OF ORDER BY THE COURT. (1) Within six months of the effective date of this act, the court of appeals shall enter an order defining the formal legal description of Cascade county for purposes of petitioning, the boundaries of initial county commission districts, apportioning all debts, liabilities, and assets of King county between King county and Cascade county, and providing for the method of transfer or payment, subject to the creation of Cascade county under section 14 of this act. The order of the court of appeals is final.
(2) RCW 2.06.040 applies to a proceeding under this section, except that a decision rendered under this section does not have precedential value and need not be published as an opinion of the court.

NEW SECTION. Sec. 9 CREATION OF PETITIONS. (1) Within thirty days after entry of the order required by section 8 of this act, the secretary of state shall prepare petitions for the formation of Cascade county. Petitions must be substantially in the following form:

Petitioner's signature	Print name for positive identification	Residence address, street, and number, if any	City or Town	County
(Here follow up to 20 numbered lines divided into columns as below.)

1
2
3
etc.

NEW SECTION. Sec. 10 DISTRIBUTION OF PETITIONS. Within forty-five days after entry of the order required in section 8 of this act, the secretary of state shall mail a copy of the petition form to each and every registered voter household in Cascade county. The secretary of state shall also cause an electronic copy of the petition to be posted on his or her internet web site in a form which cannot be easily modified by a person of ordinary skill, so that voters desiring to print and circulate copies of the petition may easily obtain the same by downloading and printing the petition forms. Both the mailed and electronic versions of the petition form shall be accompanied by a brochure, to be developed by the secretary of state in a manner similar to general election voter guide statements for initiatives, indicating the purpose and effect of the petition, providing information regarding the boundaries of Cascade county and the apportionment debts, liabilities, and assets, and providing instructions for the circulation, signing, and submission of the petition. The brochure shall also indicate that individual petition forms, or any number of petition forms, may be returned directly to the secretary of state by mail or personal delivery without being collected and bound with all other petition forms.

NEW SECTION. Sec. 11 SUBMISSION OF PETITIONS. Petitions for the formation of a new county may be submitted to the secretary of state at any time up to two years after entry of the order of the court required in section 8 of this act. Signed petition forms may be individually or collectively delivered or mailed without requiring that they be bound and presented in a single submittal. A variation between the signature on the petition and that on the registration record due to the substitution of initials or the use of common nicknames is permitted so long as the surname and handwriting are clearly the same. During the two-year period of signature collection, the secretary of state shall total the number of valid signatures received during each calendar month and publish the monthly and cumulative total of valid signatures received on his or her internet web site, along with the total number of valid signatures needed for certification.

NEW SECTION. Sec. 12 CERTIFICATION OF PETITIONS. (1) When the number of valid signatures received by the secretary of state reaches or exceeds a majority of the registered voters in Cascade county, the petition shall be deemed complete, and the secretary of state shall certify the sufficiency thereof to the legislature. If the number of valid signatures received by the secretary of state prior to the expiration of the two-year petitioning period is less than a majority of the number of registered voters in Cascade county, and any appeal of such insufficiency under subsection (2) of this section fails, the petition fails and this act shall be null and void and Cascade county shall not be created.
(2) Any proponent or opponent of the new county, dissatisfied with the determination of the secretary of state under this section, may appeal that determination to the superior court of Thurston county. The review by the superior court will proceed in the same manner as for initiatives under RCW 29A.72.240.

NEW SECTION. Sec. 13 PENALTIES FOR FALSE SIGNING OF PETITIONS. (1) Every person who signs a petition requesting the creation of Cascade county with any other than his or her true name is guilty of a class C felony punishable under chapter 9A.20 RCW.
(2) Every person who: (a) Knowingly signs more than one petition for the creation of Cascade county; (b) signs a petition requesting the creation of Cascade 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 Cascade county, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.

NEW SECTION. Sec. 14 CREATION OF CASCADE COUNTY. Upon certification of the secretary of state of the sufficiency of the petition as required in section 12 of this act, Cascade county is established, with an interim organization period commencing on January 1st of the second year after the certification of the petition. The interim period expires on December 31st of the year in which it starts.

NEW SECTION.  Sec. 15   COUNTY OFFICERS; ELECTION OF INTERIM OFFICERS. Cascade county shall have the elected county officers enumerated in RCW 36.16.030. Elections for interim officers of Cascade county shall be held during the year prior to the interim period.
     (1) A primary must be held under RCW 29A.04.311 for the qualification of candidates for the various Cascade county elected offices, and elections for those offices must be held in conjunction with the state general election in the year prior to the interim period. Except as provided in this section, primaries and elections must be held as provided by the general election laws for partisan county offices.
     (2) Declarations of candidacy for the initial terms of office for the elected county offices in Cascade county must be filed with the county auditor of King county.
     (3) Candidates for the office of Cascade county commissioner shall file for one of three separate county commissioner positions. The filing officer shall designate one position for each district, and the voters in each district shall qualify the candidates for county commissioner for that district.
     (4) If King county does not provide a local voters' pamphlet for the primary or the general election under RCW 29A.32.210 through 29A.32.280, the secretary of state shall provide a pamphlet for the jurisdiction of Cascade county only.
     (5) The King county auditor shall conduct and canvass the election and certify the results to the secretary of state, who shall canvass and certify the results of the primary and the election.
     (6) Cascade county shall, after the expiration of the interim period, reimburse King county for its share of the primary and election costs under RCW 29A.04.410.
     (7) The newly elected Cascade county officials shall assume office immediately upon the certification of the election with limited powers during the interim period as provided in this chapter and full powers after the expiration of the interim period.
     (8) The newly elected Cascade county officials shall each be paid an annual salary in the amount of eighty thousand dollars until the Cascade county board of commissioners adopts a schedule of salaries in accordance with RCW 36.17.020.

NEW SECTION.  Sec. 16   TERMS OF OFFICE. (1) Except as provided in subsection (2) of this section, the terms of office for all of the initial county officials are from the date of the certification of their election until their successors are elected and qualified at the next general election that is one year before the year in which the governor is elected.
     (2) No regular or unexpired term elections may be held during the interim period. Vacancies in elected county offices will be filled by appointment.
     (3) After the expiration of the first set of unexpired terms, the terms of all officers will be four years and until their successors are elected and qualified.

NEW SECTION.  Sec. 17   SELECTION OF COUNTY SEAT. The interim seat for Cascade county shall be the city of Kent, with county offices at or near the existing King county regional justice center. The seat of Cascade county shall be selected in accordance with this section, notwithstanding the provisions of chapter 36.12 RCW.
     (1) No later than the last day of April in the interim period, the Cascade county board of commissioners, in consultation with the other elected county officers, shall adopt provisional requirements for physical facilities for the county government, and provide copies of the same to each city within the county.
     (2) No later than the last day of July in the interim period, the legislative authorities of cities in Cascade county desiring to be considered as the seat of Cascade county shall adopt by majority vote a resolution petitioning the Cascade county board of commissioners for such consideration, proposing where the county offices could be located and how the requirements adopted by the county commission could be met, and setting forth such other information as may be of value to the people of Cascade county in making an informed choice for the location of the county seat.
     (3) The board of commissioners shall cause the question of the location of the county seat to be referred to the voters of Cascade county at the general election during the interim period. The ballot shall allow the voter to select from among the cities that petitioned for consideration under subsection (2) of this section.
     (4) The city receiving the greatest number of votes shall become the seat of Cascade county on January 1st of the year following the interim period. Interim county offices shall be relocated to the county seat as soon as practical consistent with lease obligations for interim offices and availability of offices in the new seat.
     (5) Following selection of the county seat in accordance with this section, future removal of the county seat to other locations shall be effected according to chapter 36.12 RCW.

NEW SECTION.  Sec. 18   RELATED LEGISLATION. During the regular legislative session during the interim period, the legislature shall:
     (1) Amend chapter 36.04 RCW and such other titles and chapters as necessary to reflect the establishment of Cascade county consistent with the boundaries established by the court in section 8 of this act;
     (2) Amend chapters 2.08 and 3.34 RCW, and such other titles and chapters as necessary to provide for a superior court and district courts for Cascade county, so that Cascade county is assigned a number of judges in the same proportion as the population of Cascade county to the population of King county before the creation of Cascade county;
     (3) Amend such other laws as shall be necessary and proper to fully implement the establishment of Cascade county consistent with this chapter.

NEW SECTION.  Sec. 19   AFFECT ON OTHER DISTRICTS. Except as provided in this section, the creation of Cascade county shall not affect the boundaries of a city, town, or special district of any kind.
     (1) Unless the initial board of county commissioners provides otherwise, a single road district must exist in Cascade county composed of all the unincorporated area within the county. Territory that is stricken from King county to create Cascade county shall also be stricken from the road district of King county effective as of the final day of the interim period.
     (2) An area in Cascade 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 King county and Cascade 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 Cascade county, a public transportation benefit area that includes territory located in both the remaining area of King county and Cascade county will have its boundaries reduced to eliminate any territory located in Cascade county.

NEW SECTION. Sec. 20 COURT JURISDICTION. The superior court and district court for Cascade 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 King county 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 Cascade 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 King county pertaining to actions and proceedings transferred to the superior or district court of Cascade county must be certified and transferred to the county clerk or to officers of the superior or district court of Cascade county.

NEW SECTION. Sec. 21 TRANSFER OF RECORDS. Within ten months of the beginning of the interim period for Cascade county, all records, documents, and papers in the offices of county auditor, county assessor, county treasurer, and other county officers of King county, affecting the title or possession of real property in Cascade county, assessed valuation of property located in Cascade county, registration of voters residing in Cascade county, or other appropriate matters, must be certified by the appropriate King county official and must be transferred to the appropriate county officials and officers of Cascade county. If original records, documents, or papers are not transferred, certified copies must be provided. The appropriate county officials of King county and Cascade county may agree to these transfers through electronic, mechanical, or other methods that adequately ensure the accuracy of the transferred information. Cascade county shall pay all costs incurred with regard to the transfer of records, documents, and papers.

NEW SECTION.  Sec. 22   POWERS DURING INTERIM PERIOD. During the interim period for Cascade county, the initial county officials have the following powers:
     (1) The initial board of county commissioners may adopt ordinances and adopt resolutions necessary to implement the general powers provided by this section. The initial board of county commissioners may also adopt ordinances on any matter within the authority of a noncharter county. The ordinances become effective on the expiration of 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 the expiration of the interim period.
     (3) The initial Cascade county officials may enter interlocal agreements with King county to facilitate the establishment of Cascade county government and for services to be rendered following the interim period.
     (4) The initial board of county commissioners 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 Cascade 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 Cascade 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 after the interim period; and
     (f) Impose excise taxes as authorized for counties effective on January 1st after 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. 23 AUTHORITY AND OBLIGATIONS DURING INTERIM PERIOD. The initial county officers of Cascade county during the interim period are subject to all state laws limiting the authority of or imposing obligations on such offices as if Cascade county were fully established.

NEW SECTION. Sec. 24 APPLICABILITY OF KING COUNTY ORDINANCES DURING INTERIM PERIOD. All ordinances, rules, and regulations of King county that are in effect at the beginning of the interim period and that are adopted by King county during the interim period have their full force and effect within the portion of King county that is stricken to form Cascade county until the end of the interim period, unless repealed by King county before that date.

NEW SECTION. Sec. 25 PROVISION OF SERVICES DURING INTERIM PERIOD. During the interim period, King county remains responsible for providing all county services previously provided by it in the portion of King county that is stricken to form Cascade county at the current level of service, unless otherwise agreed to between King county and the initial officers of Cascade county.

NEW SECTION. Sec. 26 BUDGET DURING INTERIM PERIOD. (1) The budget for the interim period for Cascade county must be adopted as provided in this section. The budget for the first budget cycle of Cascade county after the interim period must be adopted as provided in chapter 36.40 RCW.
(2) The initial board of county commissioners 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 Cascade county, at the earliest date feasible after the certification of the petition authorizing formation of Cascade 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. 27 BORROWING DURING INTERIM PERIOD. During the interim period, the initial board of county commissioners 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 Cascade county to assure repayment.

NEW SECTION. Sec. 28 TAXATION DURING INTERIM PERIOD. King 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, King county will continue receiving federal and state moneys allocated to it as if Cascade county did not exist. State moneys must be allocated to Cascade county on whatever basis these moneys are distributed commencing on the first day after the interim period.

NEW SECTION. Sec. 29 AUTHORITY TO BE LIBERALLY CONSTRUED. The rule of strict construction does not apply to this chapter. The authority granted to the initial county commissioners of Cascade county must be liberally interpreted to provide for a transition to Cascade county during the interim period so that, to the greatest extent possible, Cascade county will be able to fully function as a complete county government at the end of the interim period.

NEW SECTION. Sec. 30 ALLOCATION OF TRANSPORTATION FUNDS. Beginning on January 1st following the interim period for Cascade county, the department of transportation shall adjust the allocations of transportation moneys made to counties to include Cascade county on the same bases as apply to previously existing counties.

NEW SECTION. Sec. 31 INITIAL REDISTRICTING. The provisions of RCW 36.32.020 notwithstanding, the Cascade county board of commissioners shall have power to change the lines of the county commission districts once within the first four years of existence of the new county.

NEW SECTION. Sec. 32 CREATION OF THE CITY AND COUNTY OF SEATTLE. If Cascade county is created, the legislature encourages the residents remaining in King county and the city of Seattle to seek, according to the provisions of Article XI, section 16 of the state Constitution, to form a combined city-county government, which may be known as the city and county of Seattle, and to commence such action immediately upon the completion of the interim period.

NEW SECTION. Sec. 33 CAPTIONS. Captions used in this chapter are not any part of the law.

NEW SECTION. Sec. 34 SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 35 EFFECTIVE DATE. 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.

NEW SECTION. Sec. 36 CODIFICATION. Sections 1 through 35 of this act constitute a new chapter in Title 36 RCW.