SENATE BILL REPORT

ESHB 1339

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

Modifying county government.

House Committe on Local Government

Senate Committee on Rules

Majority Report:  Boosted to Second Reading.

Senate Staff:Sam Thompson (786-7754)

AS OF MARCH 17, 1989

BACKGROUND:

Article XI, Section 5 of the State Constitution requires the Legislature "by general and uniform laws" to provide for the election of various county government officials, including a board of commissioners.  Article XI, Section 4 of the Constitution requires the Legislature to "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 are elected county-wide in general elections.

Article XI, Section 10 of the Constitution allows any county to frame and adopt a "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 noncharter county.  Home rule charters have been adopted in King, Pierce, Snohomish, Whatcom and Clallam Counties.

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 board of county commissioners in a noncharter county with a population greater than 300,000 may be increased from three persons to five persons if county voters approve a ballot proposition in the 1989 or 1990 general election.  The proposition will be submitted if the existing board of commissioners adopts a resolution requesting the increase or a petition requesting the increase signed by at least 10 percent of the voters who voted at the last county general election has been filed and certified.  The petition must be certified at least 60 days prior to the election.

If the ballot proposition receives majority voter approval, five county commissioner districts will be created, each of which will include approximately one-fifth of the population of the county.  No two members of the existing board of commissioners may reside in the same district. 

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

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

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

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested