1194-S AAS 4/18/91

1194-S AAS 4/18/91

SHB 1194 - S AMD

By Senators Bailey and McCaslin

Adopted 4/18/91 - Voice Vote

On page 11, line 21, after "district," insert "it shall, within sixty days, be filled by appointment of a district voter by a vote of the remaining members of the governing body. If the governing body fails to fill the vacancy within the sixty-day period,"

On page 11, line 23, after "shall" strike "appoint a district voter to" and insert "((~~appoint a district voter to~~)) make the appointment. If the number of vacancies is such that there is not a majority of the full number of members of the governing body in office as fixed by law, the county legislative authority of the county in which all, or the largest portion, of the district is located shall appoint a district voter to fill each vacancy, within thirty days of each vacancy, that is sufficient to create a majority as prescribed by law. An appointee shall"

SHB 1194 - S AMD

By Senators Sutherland, McCaslin and L. Smith

Adopted 4/18/91 - Voice Vote

On page 19, after line 2, insert the following:

"Sec. 18. RCW 29.18.022 and 1987 c 110 s 1 are each amended to read as follows:

The names of all candidates for partisan office, for the office of superintendent of public instruction, for public utility district office, and for all judicial offices shall be rotated in each precinct in the manner specified by RCW 29.30.040, 29.30.340, and 29.30.440. The order of names of candidates for such offices on sample ballots and on absentee ballots in primaries shall be determined in the following manner:

(1) After the close of business on the last day for candidates to file for office, the officer with whom declarations of candidacy are filed shall, from among those filings made in person and by mail in accordance with RCW 29.18.045(2), determine by lot the order in which the names of those candidates shall appear on the sample and absentee ballots under the appropriate office heading. The determination shall be done publicly, and may be witnessed by the media and by any candidate desiring to do so.

(2) For the purposes of this section and RCW 29.18.045, "filing officer" means the officer with whom declarations of candidacy for an office must be filed."

Renumber the sections consecutively and correct internal references accordingly.

SHB 1194 - S AMD

By Senators Sutherland, McCaslin and L. Smith

Adopted 4/18/91 - Voice Vote

On page 1, line 3 of the title, after "85.38.130," strike "and 85.38.180" and insert "85.38.180, and 29.18.022"

SHB 1194 - S COMM AMD

By Committee on Governmental Operations

Adopted 4/18/91 - Voice Vote

On page 19, after line 6, insert the following:

"NEW SECTION. Sec. 20. A new section is added to chapter 56.12 RCW to read as follows:

(1) An established sewer district having fifty or fewer residents may, by resolution of its board of commissioners, expand the electorate of the district to include:

(a) All persons who hold title to real property within the district; and

(b) Any domestic corporation or domestic partnership that holds title to real property within the district.

(2) Persons described in subsection (1)(a) of this section shall be eligible to vote in a district election if they have held title to real property within the district for a period of at least sixty days preceding the election.

(3) Authorized agents of entities described in subsection (1)(b) of this section shall be eligible to vote in a district election if the entity has held title to real property within the district for a period of at least sixty days preceding the election. Any entity described in subsection (1)(b) of this section shall be entitled to one vote, which may be cast by the authorized agent of the entity if they submit their instrument of authority with the county auditor accompanying their request for a district absentee ballot at least thirty days prior to the date of any district election.

(4) Persons and authorized agents of entities described in subsection (1) of this section shall vote by requesting an absentee district ballot from the auditor of the county in which all or most of the district is located. Such request must be presented to or received by the county auditor at least thirty days prior to the election. The county auditor may require evidence of eligibility to vote.

(5) Persons and authorized agents of entities described in subsection (1) of this section are eligible to seek the office of district commissioner if they have held title to property in the district for at least sixty days at the time of the filing of their declaration of candidacy. Representatives of entities described in subsection (1)(b) of this section must file an instrument recognizing their authority to represent the entity with their declaration of candidacy. The county auditor may require evidence of eligibility to file the declaration of candidacy.

(6) Persons and authorized agents of entities described in subsection (1) of this section may cast votes and be eligible to hold district office only so long as the resident population of the district is fifty or fewer residents. If the number of residents within the district increases to more than fifty residents, the commissioner position or positions held by nonresident electors shall be deemed vacant and shall be filled in the manner provided in RCW 56.12.020."

"NEW SECTION. Sec. 21. A new section is added to chapter 56.12 RCW to read as follows:

A sewer district that expands its electorate under the provisions of section 20 of this act shall prepare and maintain a list of presumed eligible voters. The list shall include the assessor's tax number for each lot or parcel in the district, the name or the names of the owners of such lots and parcels, the extent of the ownership interest of such persons, and if such persons are natural persons, whether they are known to be registered voters in the state of Washington. Whenever such a list is prepared, the district shall attempt to notify each owner of the requirements necessary to establish their authority to vote. Whenever lots or parcels in the district are sold, the district shall attempt to notify the purchasers of the requirements necessary to establish their authority to vote. Each special district shall provide a copy of this list, and any revised list, to the auditor of the county within which all or most of the special district is located."

"NEW SECTION. Sec. 22. A new section is added to chapter 57.12 RCW to read as follows:

(1) An established water district having fifty or fewer residents may, by resolution of its board of commissioners, expand the electorate of the district to include:

(a) All persons who hold title to real property within the district; and

(b) Any domestic corporation or domestic partnership that holds title to real property within the district.

"NEW SECTION. Sec. 23. A new section is added to chapter 57.12 RCW to read as follows:

A water district that expands its electorate under the provisions of section 22 of this act shall prepare and maintain a list of presumed eligible voters. The list shall include the assessor's tax number for each lot or parcel in the district, the name or the names of the owners of such lots and parcels, the extent of the ownership interest of such persons, and if such persons are natural persons. Whenever such a list is prepared, the district shall attempt to notify each owner of the requirements necessary to establish their authority to vote. Whenever lots or parcels in the district are sold, the district shall attempt to notify the purchasers of the requirements necessary to establish their authority to vote. Each special district shall provide a copy of this list, and any revised list, to the auditor of the county within which all or most of the special district is located."

SHB 1194 - S COMM AMD

By Committee on Governmental Operations

Adopted 4/18/91 - Voice Vote

On page 1, line 5 of the title, after "85.08 RCW;" insert "adding new sections to chapter 56.12 RCW; adding new sections to chapter 57.12 RCW;"

SHB 1194 - S AMD

By Senator L. Smith

Adopted 4/18/91 - Voice Vote

On page 19, after line 6, insert the following:

"Sec. 20. RCW 85.05.410 and 1985 c 396 s 39 are each amended to read as follows:

Members of the board of diking commissioners of any diking district in this state may receive as compensation the sum of up to ((~~twenty-five~~)) fifty dollars for attendance at official meetings of the district and for each day or major part thereof for all necessary services actually performed in connection with their duties as commissioners, and shall receive the same compensation as other labor of a like character for all other necessary work or services performed in connection with their duties: PROVIDED, That such compensation shall not exceed ((~~three~~)) four thousand eight hundred dollars in one calendar year, except when the commissioners declare an emergency. Allowance of such compensation shall be established and approved at regular meetings of the board, and when a copy of the extracts of minutes of the board meeting relative thereto showing such approval is certified by the secretary of such board and filed with the county auditor, the allowance made shall be paid as are other claims against the district.

Each commissioner is entitled to reimbursement for reasonable expenses actually incurred in connection with such business, including subsistence and lodging, while away from the commissioner's place of residence, and mileage for use of a privately owned vehicle in accordance with chapter 42.24 RCW."

"Sec. 21. RCW 85.06.380 and 1985 c 396 s 43 are each amended to read as follows:

In performing their duties under the provisions of this title the board and members of the board of drainage commissioners shall receive as compensation up to ((~~twenty-five~~)) fifty dollars for attendance at official meetings of the district and for each day or major part thereof for all necessary services actually performed in connection with their duties as commissioners: PROVIDED, That such compensation shall not exceed four thousand eight hundred dollars in one calendar year: PROVIDED FURTHER, That such services and compensation are allowed and approved at a regular meeting of the board. Upon the submission of a copy, certified by the secretary, of the extracts of the relevant minutes of the board showing such approval, to the county auditor, the same shall be paid as other claims against the district are paid. Each commissioner is entitled to reimbursement for reasonable expenses actually incurred in connection with such business, including ((~~his~~)) subsistence and lodging, while away from the commissioner's place of residence and mileage for use of a privately-owned vehicle in accordance with chapter 42.24 RCW."

"Sec. 22. RCW 85.08.320 and 1986 c 278 s 32 are each amended to read as follows:

The compensation of the superintendent of construction, the board of appraisers hereinafter provided for, and any special engineer, attorney or agent employed by the district in connection with the improvement, the maximum wages to be paid, and the maximum price of materials to be used, shall be fixed by the district board of supervisors. Members of the board of supervisors may receive compensation up to ((~~twenty-five~~)) fifty dollars for attending each official meeting of the district and for each day or major part thereof for all necessary services actually performed in connection with their duties as supervisors: PROVIDED, That such compensation shall not exceed four thousand eight hundred dollars in one calendar year. Each supervisor shall be entitled to reimbursement for reasonable expenses actually incurred in connection with business, including subsistence and lodging while away from the supervisor's place of residence and mileage for use of a privately owned vehicle in accordance with chapter 42.24 RCW. All costs of construction or maintenance done under the direction of the board of supervisors shall be paid upon vouchers or payrolls verified by two of the said supervisors. All costs of construction and all other expenses, fees and charges on account of such improvement shall be paid by warrants drawn by the county auditor upon the county treasurer upon the proper fund, and shall draw interest at a rate determined by the county legislative authority until paid or called by the county treasurer as warrants of the county are called."

"Sec. 23. RCW 85.24.080 and 1985 c 396 s 54 are each amended to read as follows:

The members of the board shall receive as compensation up to ((~~twenty-five~~)) fifty dollars for attendance at official meetings of the district and for each day or major part thereof for all necessary services actually performed in connection with their duties as commissioners: PROVIDED, That such compensation shall not exceed four thousand eight hundred dollars in one calendar year: PROVIDED FURTHER, That the board may fix a different salary for the secretary thereof in lieu of the per diem. Each commissioner is entitled to reimbursement for reasonable expenses actually incurred in connection with such business, including subsistence and lodging, while away from the commissioner's place of residence, and mileage for use of a privately owned vehicle in accordance with chapter 42.24 RCW. The salary and expenses shall be paid by the treasurer of the fund, upon orders made by the board. Each member of the board must before being paid for expenses, take vouchers therefore from the person or persons to whom the particular amount was paid, and must also make affidavit that the amounts were necessarily incurred and expended in the performance of his or her duties."

SHB 1194 - S AMD

By Senator L. Smith

Adopted 4/18/91 - Voice Vote

On page 1, line 3 of the title, after "85.38.130," strike "and" and on line 4, after "85.38.180" insert ", 85.05.410, 85.06.380, 85.08.320, and 85.24.080"