2830 AMH ROLA H4829

2830 AMH ROLA H4829.1

HB 2830 - H AMD 0110 FAILED 2/15/92

By Representatives Roland, Ferguson, Hargrove, Miller Roland and Forner

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) In accordance with RCW 29.13.010, on the first Tuesday after the first Monday in April 1992, the county legislative authority of a county with a population of one million or more shall conduct a special election and submit to the voters of that county a ballot proposition that allows the voters to choose irrevocably whether:

(a) A metropolitan municipal corporation formed under chapter 35.58 RCW should be governed according to sections 4 through 6 and 8 of this act and RCW 35.58.140; or

(b) The county legislative authority should assume the functions of a metropolitan municipal corporation formed under chapter 35.58 RCW according to sections 2 and 3 of this act.

(2)(a) The auditor of a county subject to subsection (1) of this section shall conduct the election on the ballot proposition according to the provisions of Title 29 RCW. The county canvassing board shall canvass the results of the election and file a certified copy of the canvass with the secretary of state's office.

(b) To be qualified to vote on the ballot proposition, a voter must be qualified under the laws of the state and have resided in the county for at least thirty days prior to the date of the election.

(3) The ballot proposition submitted under subsection (1) of this section must be in the following form:

"GOVERNANCE OF THE FUNCTIONS OF THE

METROPOLITAN MUNICIPAL CORPORATION

OPTION 1: Shall the metropolitan municipal corporation, which is responsible for providing (list the functions that the metropolitan municipal corporation is authorized to perform) services be restructured to have a federated structure of twenty-five members comprising representatives from towns and cities within the county, and from the county, and three representatives elected by the voters of the county.

YES............................... ( )

OPTION 2: Shall the metropolitan municipal corporation, which is responsible for providing (list the functions that the metropolitan municipal corporation is authorized to perform) services be dissolved and the responsibility of providing the metropolitan municipal corporation's services be assumed by the county.

YES.............................. ( )"

(4)(a) If OPTION 1 garners a majority of the votes of all qualified persons voting in the special election, the metropolitan municipal corporation must be restructured according to sections 4 through 6 and 8 of this act and RCW 35.58.140.

(b) If OPTION 2 garners a majority of the votes of all qualified persons voting in the special election, the county must assume the functions of the metropolitan municipal corporation and the corporation is dissolved according to sections 2 and 3 of this act."

"NEW SECTION. Sec. 2. As an alternative to the procedure set forth in RCW 36.56.040, the county legislative authority in any county with a population of one million or more, after notice and public hearing as required by RCW 36.56.020 and 36.56.030, may by ordinance or resolution assume the rights, powers, functions, and obligations of the metropolitan municipal corporations. Upon enactment of the ordinance or resolution, the county is vested with every right, power, function, and obligation currently granted to or possessed by the metropolitan municipal corporation, the metropolitan council established under RCW 35.58.120 through 35.58.160 is abolished, the provisions of RCW 35.58.120 through 35.58.160 are inapplicable to the county, and the county legislative authority is vested with all rights, powers, duties, and obligations otherwise vested by law in the metropolitan council. For a county with a home rule charter, the rights, powers, duties, and obligations of a metropolitan municipal corporation assumed under this section vest in accordance with the executive and legislative responsibilities defined in the charter."

"NEW SECTION. Sec. 3. A county that has assumed the functions of a metropolitan municipal corporation under section 2 of this act shall comply with all provisions of this chapter other than those set forth in RCW 36.56.040, and in addition shall:

(1) Establish two or more intergovernmental committees to review and recommend to the county legislative authority the county-wide comprehensive policy plan and those elements of other plans which under state law are effective in both unincorporated and incorporated areas. The committee shall include members representing units of local and regional government, including, but not limited to, special purpose districts, cities, and the county;

(2) Establish a transition committee to advise the county legislative authority on issues relating to the transition to county performance of metropolitan municipal functions. The transition committee shall include members representing cities, special purpose districts, and citizens with interest and expertise in metropolitan municipal functions and public administration;

(3) Ensure that revenues and expenditures authorized by state law solely for metropolitan municipal corporation purposes are preserved and accounted for separate from other county funds and expended solely for purposes authorized by chapter 35.58 RCW or as otherwise provided by state or federal law;

(4) Preserve for a period of two years from the effective date of the assumption of metropolitan municipal functions by the county the existing internal administrative structure of the metropolitan municipal corporation; and

(5) Conduct a process for consultation with citizens of unincorporated areas of the county to analyze issues of governance for such areas and report to the legislature and the governor regarding any necessary proposed legislation to implement the conclusions of the process within one year from the effective date of the assumption of metropolitan municipal functions by the county."

"NEW SECTION. Sec. 4. A metropolitan municipal corporation within, or with boundaries coterminous with, a county with a population of one million or more is governed by a metropolitan council consisting of the following members:

(1) One member who is the elected county executive of the central county, or, if there is no elected county executive, one member appointed by, and from, the board of commissioners or council of the central county.

(2) Six members appointed by the county commissioners or county councilmembers of the central county, which members may include any or all of the county commissioners or councilmembers.

(3) One member who is the elected mayor of the central city, or, if there is no elected mayor, one member appointed by, and from, the mayor and city council of the central city.

(4) Six members appointed by the council of the central city, which members may include any or all of the city councilmembers.

(5)(a) Six members appointed by and from the mayors and councilmembers of the component cities, other than the central city, that have populations of fifteen thousand or more. The appointment process must give due consideration to the number of citizens residing within each city to facilitate, as much as practicable, proportionate representation.

(b) Subject to (c) of this subsection, the members shall be selected in the following manner:

(i) The mayors and councilmembers of all selecting component cities shall meet prior to July 1 of each even-numbered year at a date, time, and place to be fixed by resolution of the metropolitan council.

(ii) The chairperson of the metropolitan council shall preside.

(iii) After nominations are made, successive ballots shall be taken until six candidates each receive a majority of all votes cast.

(c) In the event the selecting component cities are members of a duly established association of cities within the metropolitan area whose charter or rules delegate to the association the appointment of members to the metropolitan council, then the appointment of the six members shall be conducted as provided by the association's charter or rules and the results certified to the chairperson of the metropolitan council.

(6) One member representing all component cities that have a population of less than fifteen thousand each, who is selected by and from the mayors of these cities in the following manner:

(a) The mayors of the cities shall meet prior to July 1 of each even-numbered year at a time and place to be fixed by the metropolitan council.

(b) The chairperson of the metropolitan council shall preside.

(c) After nominations are made, successive ballots shall be taken until one candidate receives a majority of all votes cast.

(7) Three members who are nominated and elected at large from the metropolitan area to four-year staggered terms as provided in section 5 of this act. The election shall be held in conformance with the provisions of Title 29 RCW.

(8) For any metropolitan municipal corporation that is authorized to perform the function of metropolitan water pollution abatement, one additional member who is a commissioner of a sewer district or a water district that operates a sewer system and is a component part of the metropolitan municipal corporation, who shall participate only in those council actions that relate to the performance of the function of metropolitan water pollution abatement. The commissioners of all the sewer districts and water districts that are component parts of the metropolitan municipal corporation shall meet on the second Tuesday of June of each even-numbered year at seven o'clock p.m. at the office of the board of county commissioners or county council of the central county. After electing a chairperson, the commissioners shall make nominations to select a member to serve on the metropolitan council and successive ballots taken for each nomination until one candidate receives a majority of votes cast.

(9) One member shall be chairperson of the metropolitan council who is selected by the other members of the council. The chairperson may not hold public office of or be an employee of any component city or component county of the metropolitan municipal corporation. The chairperson shall hold office until the second Tuesday in July of each even-numbered year and may, if reelected, serve more than one term."

"NEW SECTION. Sec. 5. (1) The three directly elected members shall have staggered terms where the two members who receive the greatest numbers of votes shall be elected to four-year terms and the other two members shall be elected to two-year terms of office. The length of these terms run from the first day of January in the year following the election. The initial directly elected members shall take office immediately after they are qualified as defined in RCW 29.01.135. Each subsequent directly elected member shall be elected to a four-year term of office that continues until a successor is elected, qualified, and assumes office in accordance with RCW 29.04.170.

(2) The initial directly elected members shall be elected at the next general election after the effective date of this act. Eight candidates shall be nominated at the regular primary election and the three directly elected members shall be elected at the general election."

"NEW SECTION. Sec. 6. A vacancy in the office of a member of the metropolitan council shall be filled in the same manner as provided for the original appointed member except as provided by this section. The meetings to fill a vacancy of the member selected under section 4 (5) and (6) of this act or of commissioners to fill a vacancy of the member selected under section 4(8) of this act shall be held at a time and place as designated by the chairperson of the metropolitan council after ten days' written notice mailed to the mayors and councilmembers of each of the cities participating under section 4(5) of this act, to the mayors of each of the cities participating under section 4(6) of this act, or to the commissioners of the districts participating under section 4(8) of this act, whichever is applicable. In the event of a vacancy of one of the members elected under section 4(7) of this act, the remaining members elected under that provision shall appoint a person to fill the vacancy for the unexpired term."

"Sec. 7. RCW 35.58.140 and 1971 ex.s. c 303 s 6 are each amended to read as follows:

Each member of a metropolitan council except those ((selected under the provisions of RCW 35.58.120(1)(a), (5), (7), and (8))) elected under section 4(7) of this act, shall hold office at the pleasure of the body ((which selected him)) that appointed the member. Each member, ((who)) except those elected under section 4(7) of this act, shall hold office ex officio((,)) and may not hold office after ((he)) the member ceases to hold the position of elected county executive, mayor, commissioner, or councilman. The ((chairman)) chairperson shall hold office until the second Tuesday in July of each even-numbered year and may, if reelected, serve more than one term. Each member appointed to office shall hold office until ((his)) a successor has been ((selected)) appointed as provided in this chapter."

"NEW SECTION. Sec. 8. The provisions of RCW 35.58.120 and 35.58.150 are inapplicable to a metropolitan municipal corporation restructured under sections 4 through 6 of this act and RCW 35.58.140."

"NEW SECTION. Sec. 9. (1) Sections 2 and 3 of this act are each added to chapter 36.56 RCW.

(2) Sections 4 through 6 and 8 of this act are each added to chapter 35.58 RCW."

"NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

HB 2830 - H AMD

By Representatives Roland and Ferguson

On page 1, line 1 of the title, after "corporations;" strike the remainder of the title and insert "amending RCW 35.58.140; adding new sections to chapter 36.56 RCW; adding new sections to chapter 35.58 RCW; creating a new section; and declaring an emergency."