AN ACT Relating to counties; amending RCW 36.32.010, 36.32.070, and 36.16.030; and adding new sections to chapter 36.32 RCW.

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

Sec. 1. Section 36.32.010, chapter 4, Laws of 1963 and RCW 36.32.010 are each amended to read as follows:

There is established in each ((~~organized~~)) county in this state a board of county commissioners((~~, to~~)). Except as provided in sections 2 and 3 of this 1987 act, each county legislative authority shall consist of three qualified electors, ((~~and~~)) two of ((~~said board of commissioners~~)) whom shall constitute a quorum to do business.

NEW SECTION. Sec. 2. A new section is added to chapter 36.32 RCW to read as follows:

The legislative authority of any noncharter county with a population greater than two hundred ten thousand may, by resolution of the county commissioners, be increased to five members, each member to be nominated and elected solely by the qualified electors of their legislative authority districts. Three members of the five-member county legislative authority shall constitute a quorum to do business.

After the approval of such a resolution, the county shall, as provided in this section, be divided into five legislative authority districts, so that each district shall comprise as nearly as possible one-fifth of the population of the county. No two members of the existing county legislative authority may, at the time of the designation of such districts, permanently reside in one of the five districts. The division of the county into five districts shall be accomplished as follows:

(1) The county legislative authority shall, within ninety days of the adoption of the resolution creating the five-member legislative authority, adopt a resolution creating the districts;

(2) If the county legislative authority has failed to create the districts within the ninety-day period, the prosecuting attorney of the county shall petition the superior court of the county to appoint a referee to designate the five commissioner districts. The referee shall designate such districts by no later than one hundred fifty days following the adoption of the resolution creating the five-member county legislative authority. The two legislative authority districts within which no existing member of the county legislative authority permanently resides shall be designated as districts four and five.

If the five county legislative authority districts are created no later than June 1st, commissioners for districts four and five shall be elected at that year's general election. If the five county legislative authority districts are created after June 1st, the election of commissioners for districts four and five shall occur at the next succeeding general election.

NEW SECTION. Sec. 3. A new section is added to chapter 36.32 RCW to read as follows:

As an alternative procedure to that specified in section 2 of this act, a proposition to increase the county legislative authority of any noncharter county with a population greater than two hundred ten thousand to five members, each member to be nominated and elected solely by the qualified electors of their legislative authority districts, shall be submitted at any general election to the voters of the county upon petition of the county voters equal to at least ten percent of the voters voting at the last county general election.

Any petition requesting that such an election be held shall be submitted to the county auditor for verification of the signatures thereon. Within no more than thirty days after the submission of the petition, the auditor shall determine if the petition contains the requisite number of valid signatures. The auditor shall certify whether or not the petition has been signed by the requisite number of county voters and forward such petition to the county legislative authority. If the petition has been signed by the requisite number of county voters, the county legislative authority shall submit such a proposition to the voters for their approval or rejection at the next general election held at least sixty days after the proposition has been certified by the auditor.

If the proposition receives majority voter approval, the size of the county legislative authority shall be increased to five positions, three of which shall constitute a quorum to do business.

The two newly-created positions shall be filled at elections to be held in the next year. The county shall, as provided in this section, be divided into five legislative authority districts, so that each district shall comprise as nearly as possible one-fifth of the population of the county. No two members of the existing county legislative authority may, at the time of the designation of such districts, permanently reside in one of the five districts. The division of the county into five districts shall be accomplished as follows:

(1) The county legislative authority shall, by the second Monday of March of that year, adopt a resolution creating the districts;

(2) If by the second Tuesday of March of that year the county legislative authority has failed to create the districts, the prosecuting attorney of the county shall petition the superior court of the county to appoint a referee to designate the five commissioner districts. The referee shall designate such districts by no later than June 1st of that year. The two legislative authority districts within which no existing member of the county legislative authority permanently resides shall be designated as districts four and five.

NEW SECTION. Sec. 4. A new section is added to chapter 36.32 RCW to read as follows:

The terms of the persons who are initially elected to positions 4 and 5 under section 2 or 3 of this act shall be as follows:

(1) If the year in which the primary and general elections are held is an even-numbered year, the person elected to position 4 shall be elected for a two-year term, and the person elected to position 5 shall be elected for a four-year term; or

(2) If the year in which the primary and general elections are held is an odd-numbered year, the person elected to position 4 shall be elected for a one-year term, and the person elected to position 5 shall be elected for a three-year term.

!ixEach person elected pursuant to subsection (1) or (2) of this section shall take office immediately upon the issuance of a certificate of his or her election.

Thereafter, persons elected to commissioner positions 4 and 5 shall be elected for four-year terms and shall take office at the same time the other members of the county legislative authority take office.

NEW SECTION. Sec. 5. A new section is added to chapter 36.32 RCW to read as follows:

Vacancies on a county legislative authority consisting of five members shall be filled as provided in RCW 36.32.070, except that:

(1) Whenever there are three or more vacancies, the governor shall appoint one or more members until there are a total of three members;

(2) Whenever there are two vacancies, the three members shall fill one of the vacancies; and

(3) Whenever there is one vacancy, the four members shall fill the single vacancy.

Sec. 6. Section 36.32.070, chapter 4, Laws of 1963 and RCW 36.32.070 are each amended to read as follows:

Whenever there is a vacancy in the board of county commissioners, except as provided in section 5 of this 1987 act, it shall be filled as follows:

(1) If there are three vacancies, the governor of the state shall appoint two of the officers. The two commissioners thus appointed shall then meet and select the third commissioner. If the two appointed commissioners fail to agree upon selection of the third after the expiration of five days from the day they were appointed, the governor shall appoint the remaining commissioner.

(2) Whenever there are two vacancies in the office of county commissioner, the governor shall appoint one commissioner, and the two commissioners then in office shall appoint the third commissioner. If they fail to agree upon a selection after the expiration of five days from the day of the governor's appointment, the governor shall appoint the third commissioner.

(3) Whenever there is one vacancy in the office of county commissioner, the two remaining commissioners shall fill the vacancy. If the two commissioners fail to agree upon a selection after the expiration of five days from the day the vacancy occurred, the governor shall appoint the third commissioner.

Sec. 7. Section 36.16.030, chapter 4, Laws of 1963 and RCW 36.16.030 are each amended to read as follows:

Except as provided elsewhere in this section, in every county there shall be elected from among the qualified voters of the county a county assessor, a county auditor, a county clerk, a county coroner, three county commissioners, a county prosecuting attorney, a county sheriff and a county treasurer((~~: PROVIDED, That~~)). In counties of the fourth, fifth, sixth, seventh, eighth, and ninth classes no coroner shall be elected and the prosecuting attorney shall be ex officio coroner((~~: PROVIDED FURTHER, That~~)). In ninth class counties no county auditor or assessor shall be elected ((~~and~~)), the county clerk shall be ex officio county auditor, and the county treasurer shall be ex officio county assessor. Class A or AA counties may have five county commissioners as provided in RCW 36.32.010 and sections 2 through 5 of this 1987 act.