FINAL BILL REPORT

SHB 1339

FULL VETO

BYHouse Committee on Local Government (originally sponsored by Representatives Wolfe, Zellinsky, Padden and Day)

Modifying county government.

House Committe on Local Government

AS PASSED LEGISLATURE

BACKGROUND:

Article XI, Section 5, Washington State Constitution requires the Legislature "by general and uniform laws" to provide for the election of various officials for county government, including a board of commissioners.  Article XI, Section 4, Washington State Constitution provides that "the Legislature shall establish a system of county government, which shall be uniform throughout the state."

Under statutory law, each county must have a three-member board of commissioners, the members of which serve staggered four-year terms.  County commissioners are nominated from commissioner districts in primary elections, but elected county-wide, at general elections.

Article XI, Section 10, Washington State Constitution, allows any county to frame and adopt a county "home rule" charter that can restructure county government.  Such a charter may provide for a legislative authority that differs from the three-member board of commissioners in a non-charter county.  Home rule charters have been adopted in the five following counties:  King, Pierce, Snohomish, Whatcom and Clallam.  The changes in county government in these charters range from almost no change in the Clallam County charter to numerous changes in others of these charters.

The two largest counties without a "home rule" charter are Spokane County with an estimated population of 354,300 and Clark County with an estimated population of 203,400.

SUMMARY:

The size of the county legislative authority in a noncharter county with a population of more than 300,000 may be increased from three persons to five persons if the voters of the county approve a ballot proposition providing for such an increase.  Such a ballot proposition is submitted to the voters if either: (1) the legislative authority adopts a resolution requesting the increase; or (2) a petition requesting the increase was filed, which petition was signed by county voters equal to at least ten percent of the voters voting at the last county general election.  Such a ballot proposition must be submitted to voters at a general election.  Such a ballot proposition may not be submitted to voters after the 1990 general election.

If the ballot proposition is approved, five county commissioner districts would be created, each containing approximately one-fifth of the population of the county.  Each member of the board of county commissioners must be elected from a district. No two existing members of the board can reside in the same district.  The two districts within which no commissioner resides will be designated as districts four and five.

If the county legislative authority fails to divide the county into five legislative authority districts by the second Monday of March of the year after the election, the prosecuting attorney must petition the superior court of the county to appoint a referee to designate the five commissioner districts.  The referee must designate the districts by the first day of June of the year after the election.  The new commissioners are elected at the following general election.

Provisions are made for the staggering of the four year terms of office for the two newly elected commissioners, and for the filing of vacancies on such a board.

VOTES ON FINAL PASSAGE:

      House 84  11

      Senate    45     0

FULL VETO:  (See VETO MESSAGE)