BILL REQ. #: H-0303.1
_____________________________________________
HOUSE BILL 1230
_____________________________________________| State of Washington | 59th Legislature | 2005 Regular Session |
By Representatives Upthegrove, Schindler, Simpson and Schual-BerkeRead first time 01/18/2005. Referred to Committee on Local Government.
AN ACT Relating to boards of commissioners of water-sewer
districts; amending RCW 57.12.015; and adding a new section to chapter
57.12 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 57.12.015 and 2001 c 63 s 2 are each amended to read
as follows:
(1)(a) In the event a three-member board of commissioners of any
district with any number of customers determines by resolution that it
would be in the best interest of the district to increase the number of
commissioners from three to five, or if the board of a district with
any number of customers is presented with a petition signed by ten
percent of the registered voters resident within the district who voted
in the last general municipal election calling for an increase in the
number of commissioners of the district, the board shall, within ninety
days of adopting a resolution calling for an increase in the number of
commissioners, or within ninety days of a petition being certified as
sufficient, submit a resolution to the county auditor requesting that
an election be held.
(b) If the adopted resolution requesting an election is submitted
to the county auditor at least thirty days prior to the commencement of
candidate filing as provided by RCW 29A.24.050, the auditor shall place
the proposition on the next primary or general election ballot. If the
resolution is submitted to the county auditor less than thirty days
before the commencement of candidate filing, during candidate filing,
or after the conclusion of candidate filing, the auditor must place the
proposition on a special, primary, or general election ballot in the
following year.
(c) Upon receipt of the resolution, and in accordance with the
provisions of this subsection (1), the county auditor shall call ((a
special)) an election to be held within the district, at which election
a proposition in substantially the following language shall be
submitted to the voters:
Shall the Board of Commissioners of (name and/or number of
district) be increased from three to five members?
Yes . . . . .
No . . . . .
If the proposition receives a majority approval at the election the
board of commissioners of the district shall be increased to five
members.
(2)(a) In any district with more than ten thousand customers, if a
three-member board of commissioners determines by resolution that it
would be in the best interest of the district to increase the number of
commissioners from three to five, the number of commissioners shall be
so increased without an election, unless within ninety days of adoption
of that resolution a petition requesting an election and signed by at
least ten percent of the registered voters who voted in the last
municipal general election is filed with the board. If such a petition
is received, the board shall, within ninety days of a petition being
certified as sufficient, submit the resolution and the petition to the
county auditor, who shall call ((a special)) an election in the manner
described in this section.
(b) If the adopted resolution and a petition requesting an election
is submitted to the county auditor at least thirty days prior to the
commencement of candidate filing as provided by RCW 29A.24.050, the
auditor shall place the proposition on the next primary or general
election ballot. If the resolution and petition is submitted to the
county auditor less than thirty days before the commencement of
candidate filing, during candidate filing, or after the conclusion of
candidate filing, the auditor must place the proposition on a special,
primary, or general election ballot in the following year.
(3)(a)(i) In any district with more than twenty-five thousand
customers, if a five-member board of commissioners determines by
resolution that it would be in the best interest of the district to
increase the number of commissioners from five to seven, the number of
commissioners may be so increased without an election, unless within
ninety days of adoption of that resolution a petition requesting an
election and signed by at least ten percent of the registered voters
who voted in the last municipal general election is filed with the
board. If such a petition is received, the board shall, within ninety
days of a petition being certified as sufficient, submit the resolution
and the petition to the county auditor, who shall call ((a special)) an
election in the manner described in this section.
(ii) If the adopted resolution and a petition requesting an
election are submitted to the county auditor at least thirty days prior
to the commencement of candidate filing as provided by RCW 29A.24.050,
the auditor shall place the proposition on the next primary or general
election ballot. If the resolution and petition is submitted to the
county auditor less than thirty days before the commencement of
candidate filing, during candidate filing, or after the conclusion of
candidate filing, the auditor must place the proposition on a special,
primary, or general election ballot in the following year.
(b)(i) In the event a five-member board of commissioners of any
district with more than twenty-five thousand customers determines by
resolution that it would be in the best interest of the district to
increase the number of commissioners from five to seven, the board may
submit a resolution to the county auditor requesting that an election
be held.
(ii) If the resolution requesting an election is submitted to the
county auditor at least thirty days prior to the commencement of
candidate filing as provided by RCW 29A.24.050, the auditor shall place
the proposition on the next primary or general election ballot. If the
resolution is submitted to the county auditor less than thirty days
before the commencement of candidate filing, during candidate filing,
or after the conclusion of candidate filing, the auditor must place the
proposition on a special, primary, or general election ballot in the
following year.
(c) Upon receipt of the resolution, and in accordance with the
provisions of this subsection (3), the county auditor shall call ((a
special)) an election to be held within the district, at which election
a proposition in substantially the following language shall be
submitted to the voters:
Shall the Board of Commissioners of (name and/or number of
district) be increased from five to seven members?
Yes . . . . .
No . . . . .
If the proposition receives a majority approval at the election the
board of commissioners of the district shall be increased to seven
members.
(4) The two additional positions created on boards of commissioners
by this section shall be filled initially as for a vacancy, except that
the appointees shall draw lots, one appointee to serve until the next
district general election after the appointment, at which two
commissioners shall be elected for six-year terms, and the other
appointee to serve until the second district general election after the
appointment, at which two commissioners shall be elected for six-year
terms.
NEW SECTION. Sec. 2 A new section is added to chapter 57.12 RCW
to read as follows:
Whenever in this chapter petitions requiring the signatures of
registered voters are submitted to boards of commissioners, the
following rules shall govern the sufficiency determination process:
(1) Determinations of petition sufficiency or insufficiency shall
be made in accordance with this chapter and only by a county auditor;
(2) Within thirty days of a board of commissioners receiving a
petition, the petition shall be transmitted to the auditor of the
county in which all or the major geographic portion of the district is
located, who shall, within ten days, certify the sufficiency or
insufficiency of the signatures. If the petition is found to contain
a sufficient number of valid signatures, the petition, together with a
certificate of sufficiency attached thereto, shall be transmitted to
the board of commissioners; and
(3) If the district is located in more than one county, the auditor
of the county in which the largest geographic portion of the district
is located shall be the lead auditor and shall immediately transfer a
copy of the petition to the auditor of each other county in which the
district is located. Within ten days after the lead auditor receives
the petition from the district, the auditor of each other county shall
certify to the lead auditor: (a) The number of voters of that county
residing in the district who voted at the last municipal general
election; and (b) the number of valid signatures on the petition of
voters of that county residing in the district. If, after receiving
this information, the petition is found by the lead auditor to contain
a sufficient number of valid signatures, the petition, together with a
certificate of sufficiency attached thereto, shall be transmitted to
the board of commissioners.
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