BP BHEAD INT S [atlas:bill]

AN ACT Relating to voting for port commissioners; amending RCW 53.12.010 and 53.12.021; and adding new sections to chapter 53.12 RCW.

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

Sec. 1. RCW 53.12.010 and 1994 c 223 s 81 are each amended to read as follows:

(1) The powers of the port district shall be exercised through a port commission consisting of three or, when permitted or required by this title, five members. Every port district that is not coextensive with a county having a population of five hundred thousand or more and less than one million shall be divided into the same number of commissioner districts as there are commissioner positions, each having approximately equal population, unless provided otherwise under subsection (2) of this section. Every port district with a population of one million or more shall have five commissioners and shall be divided into five commissioner districts, each having approximately equal population. Where a port district with three commissioner positions is coextensive with the boundaries of a county that has a population of less than five hundred thousand and the county has three county legislative authority districts, the port commissioner districts shall be the county legislative authority districts. In other instances where a port district is divided into commissioner districts, the port commission shall divide the port district into commissioner districts unless the commissioner districts have been described pursuant to RCW 53.04.031. The commissioner districts shall be altered as provided in chapter 53.16 RCW.

Commissioner districts shall be used as follows: (a) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district; and (b) only the voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire port district may vote at a general election to elect a person as a commissioner of the commissioner district, except in a port district with a population of one million or more, where only the voters of a commissioner district may vote at a general election to elect a person as a commissioner of the commissioner district.

(2) In port districts having a population of less than one million with five commissioners, two of the commissioner districts may include the entire port district if approved by the voters of the district either at the time of formation or at a subsequent port district election at which the issue is proposed pursuant to a resolution adopted by the board of commissioners and delivered to the county auditor.

NEW SECTION. Sec. 2. A new section is added to chapter 53.12 RCW to read as follows:

If the commissioners of a port district wish to have their district exempted from the requirement of RCW 53.12.010 that only the voters of a commissioner district may vote at a general election to elect a person as a commissioner from that commissioner district, the commissioners may place on the next general election ballot following the effective date of this section the following measure: "Shall the port of . . . elect all of its commissioners at large, instead of by separate district?" The request shall be in the form of a resolution consistent with RCW 29.13.020. The measure shall be advertised as required by RCW 29.27.060, and shall be considered enacted if approved by a majority of voters voting on the measure.

Sec. 3. RCW 53.12.021 and 1994 c 223 s 82 are each amended to read as follows:

Any less than county-wide port district having a population of less than one million that uses commissioner districts may cease using commissioner districts as provided in this section.

A ballot proposition authorizing the elimination of commissioner districts shall be submitted to the voters of a less than county-wide port district having a population of less than one million that is divided into commissioner districts if (1) a petition is submitted to the port commission proposing that the port district cease using commissioner districts, that is signed by registered voters of the port district equal in number to at least ten percent of the number of voters who voted at the last district general election; or (2) the port commissioners adopt a resolution proposing that the port district cease using commissioner districts. The port commission shall transfer the petition or resolution immediately to the county auditor who shall, when a petition is submitted, review the signatures and certify its sufficiency. A ballot proposition authorizing the elimination of commissioner districts shall be submitted at the next district general election occurring sixty or more days after a petition with sufficient signatures was submitted. If the ballot proposition authorizing the port district to cease using commissioner districts is approved by a simple majority vote, the port district shall cease using commissioner districts at all subsequent elections.

NEW SECTION. Sec. 4. A new section is added to chapter 53.12 RCW to read as follows:

(1) Port commissioners of port districts with populations of one million or more who are holding office as of the effective date of this act shall retain their positions for the remainder of their terms until their successors are elected and qualified, and assume office in accordance with RCW 29.04.170.

(2) The port commissioners shall divide the port district into five commissioner districts prior to the first day of June in the year in which the next regular election for commissioner shall be held. The new commissioner districts shall be numbered one through five and shall be represented by the incumbent commissioners. If, as a result of drawing the district boundaries more than one of the incumbent commissioners reside in one of the new commissioner districts, the commissioners who reside in the same commissioner district shall determine by lot which of the commissioner districts they shall represent for the remainder of their respective terms.

(3) If additional commissioners must be elected to increase the number of commissioners to five, the procedures of RCW 53.12.130 shall be followed.