AN ACT Relating to the withdrawal of territory from metropolitan park districts; and adding a new section to chapter 35.61 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 35.61 RCW to read as follows:

Metropolitan park district territory that is located outside of the boundaries of a city may be removed or deannexed from the metropolitan park district as provided in this section.

The withdrawal of such territory shall be initiated by either resolution of the park district commissioners, or the filing of a petition requesting such a withdrawal that has been signed by registered voters residing in the area proposed to be withdrawn at least equal in number to twenty percent of the total number of voters residing in this area who voted at the last preceding general election. However, if no registered voters reside in the area proposed to be withdrawn, the petition must be signed by the owners, as described under RCW 35A.01.040, of at least a majority of the acreage in the area proposed to be withdrawn.

A petition or resolution shall describe the territory proposed to be withdrawn, propose that this area be withdrawn, describe how and by which public entity or entities park and recreation services and facilities will be provided to the residents of this area if the withdrawal were to occur, and describe how the existence of the metropolitan park district in this area affects the authority of other junior taxing districts to impose their property tax levies.

A resolution shall be filed with the county legislative authority of the county within which the territory proposed to be withdrawn is located, and a petition shall be filed with the county auditor of the county within which the territory proposed to be withdrawn is located. The auditor shall examine the signatures on a petition and certify the sufficiency or insufficiency of the signatures within ten working days of submission of the petition. If the petition has been certified as containing sufficient valid signatures, the certification shall be transmitted to the county legislative authority of the county within which the territory is located.

A public hearing on the proposed withdrawal of territory from a metropolitan park district shall be held by the county legislative authority within sixty days of the date of either the filing of a resolution proposing the withdrawal or the transmittal of the certification that a petition contains sufficient valid signatures. After receiving public testimony on the proposed withdrawal, the county legislative authority shall consider: (1) The adequacy of the provision of park and recreation services and facilities for the residents of the area proposed to be withdrawn if the withdrawal were to occur; (2) the impact on the authority of other junior taxing districts in the area to impose regular property taxes if the withdrawal were to occur; and (3) the impact to the metropolitan park district tax collections from the proposed withdrawal of territory.

If the county legislative authority finds that the withdrawal of the area proposed to be withdrawn is in the public interest, it shall adopt a resolution providing for the withdrawal and establishing an effective date for the withdrawal which shall be thirty-one or more days after the date of the adoption of the resolution. Registered voters of the area proposed to be withdrawn may file a referendum petition on the proposed withdrawal with the county auditor during the thirty-day period immediately following the adoption of the resolution, which petition must be signed by registered voters residing in the area proposed to be withdrawn equal in number to at least twenty percent of the number of voters residing in this area who voted at the last preceding general election.

If a referendum petition has been filed containing sufficient valid signatures within this thirty-day period, the effect of the withdrawal shall be held in abeyance and a ballot proposition authorizing the withdrawal shall be submitted to the voters residing in the area at the next special election date specified in RCW 29.13.020 that occurs forty-five or more days after the petition has been certified by the county auditor as containing sufficient valid signatures. Approval of the ballot proposition authorizing the withdrawal shall be by simple majority vote of the voters of the area who vote on the proposition, and the date of the withdrawal shall occur when the results of the election have been certified at which a simple majority vote was in favor of the withdrawal.

The metropolitan park district shall continue providing park and recreation services within this area, and maintaining its facilities within this area, during the year in which the regular property taxes of the district are collected on the property in the area so withdrawn, unless an agreement between the county and metropolitan park district provides otherwise. Property within the area so withdrawn shall remain liable for any special levies imposed to retire voter approved indebtedness of the metropolitan park district that were authorized prior to the withdrawal, and any assessments imposed on the property by the metropolitan park district prior to the withdrawal, as if the area had not been withdrawn.

The procedure authorized in this section to withdraw territory from metropolitan park districts is not exclusive, and shall be construed to be an alternative to the procedures authorized under RCW 35.61.360.