HOUSE BILL REPORT

HB 1339

BYRepresentatives Wolfe, Zellinsky, Padden and Day

Modifying county government.

House Committe on Local Government

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (14)

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Ferguson, Ranking Republican Member; Horn, Nealey, Nelson, Nutley, Phillips, Raiter, Rayburn, Todd, Wolfe, Wood and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS REPORTED BY COMMITTEE ON LOCAL GOVERNMENT FEBRUARY 14, 1989

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:

SUBSTITUTE BILL:  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 submitted, 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.

If the ballot proposition were approved, five county commissioner districts are created, each of which constitutes approximately one-fifth of the population of the county.  Each member of the board of county commissioners would be elected from a district. No two existing members of the county legislative authority shall 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 shall petition the superior court of the county to appoint a referee to designate the five commissioner districts.  The referee shall 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.

If the two additional commissioners were elected to office in an even-numbered year, the person elected from district four is elected to a two-year term, and the person elected from district five is elected to a four-year term.  If the two additional commissioners were elected to office in an odd-numbered year, the person elected from district four is elected to a one-year term, and the person elected from district five is elected to a three- year term.  Thereafter, terms shall be four years.

Vacancies on a five-member board of county commissioners shall be filled as follows: (1) If there are three or more vacancies, the governor appoints one or more commissioners until there are a total of three commissioners; (2) if there are two vacancies, the three commissioners fill one of the vacancies; and (3) if there is one vacancy, the four commissioners fill the single vacancy.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  (1) An election is required if the proposal is initiated by resolution of the commissioners.  (2) The terms "board of county commissioners" and "commissioner districts" are used consistently in the bill.  (3) Election dates are clarified.  (4)  The minimum population of a non-charter county that could use this act is raised from greater than 210,000 to greater than 300,000.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    None Presented.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Spokane County needs five commissioners, but people are not interested in the county charter process.  Some areas are not well represented.

House Committee - Testimony Against:      If it is good for Spokane County, then why is it not good for all counties?