2830.E AMS SKRA S4644.2
EHB 2830 - S AMD
By Senators Skratek and Moore
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The purpose of this act is to provide voters of a metropolitan municipal corporation with a population of one million or more the option to choose between two different governing structures for the metropolitan municipal corporation that meet the requirements of the "one person, one vote" doctrine."
"NEW SECTION. Sec. 2. Notwithstanding the provisions of RCW 35.58.118, 35.58.120, and 35.58.270, the governance of a metropolitan municipal corporation with a population of one million or more shall be as provided in this section.
A ballot proposition shall be submitted to the voters of a metropolitan municipal corporation with a population of one million or more at the November 1992, general election, to determine the governance of the metropolitan municipal corporation.
The ballot proposition shall give voters the choice between retaining the metropolitan municipal corporation as a separate, federated government governed by a newly constituted thirteen or fourteen-member metropolitan council, or requiring the metropolitan municipal corporation to be assumed by the county. The ballot proposition shall be as follows:
The governance of ..... (insert the name of the metropolitan municipal corporation) is determined by this ballot proposition. Choose ONLY ONE of the following two options as your preference for the governance of ..... (insert the name of the metropolitan municipal corporation):
OPTION 1:..... (insert the name of the metropolitan municipal corporation) shall be a separate federated government with a new thirteen or fourteen-member metropolitan council composed of ..... (insert the name of the central city) elected officials, suburban city elected officials, special purpose district representatives, persons appointed by the county executive, and persons selected from unincorporated areas.
..... Mark here if this is your preference.
OPTION 2:The county shall assume the rights, powers, functions, and obligations of ..... (insert the name of the metropolitan municipal corporation).
..... Mark here if this is your preference.
As of January 1, 1993, the governance of the metropolitan municipal corporation shall be determined by the option receiving the greatest number of votes within the metropolitan area and shall be binding regardless of the approval or rejection of any related county charter amendments. If a separate federated government is retained under OPTION 1, then sections 5 through 7 of this act apply, sections 3 and 4 of this act shall not apply. If a separate federated government is retained under OPTION 1, then a measure under RCW 36.56.040 may be presented not sooner than four years after the election at which OPTION 1 is adopted and ratified. If the county is authorized to assume the metropolitan municipal corporation under OPTION 2, then sections 3 and 4 of this act apply and sections 5 through 7 of this act shall not apply."
"NEW SECTION. Sec. 3. A new section is added to chapter 36.56 RCW to read as follows:
If OPTION 2 receives the greatest number of votes under section 2 of this act, the county shall assume the powers, rights, functions, and obligations of the metropolitan municipal corporation on the effective date of this section, and the county legislative authority and county executive, if one exists, shall govern the authorized metropolitan municipal corporation functions.
A county that assumes a metropolitan municipal corporation under this section is subject to the following requirements:
(1)(a) The county shall establish two or more intergovernmental committees to review and make recommendations to the county legislative authority on matters within the jurisdiction of the committee. One committee shall be established with jurisdiction over county-wide planning policy and those elements of other plans that under state law are effective in both unincorporated and incorporated areas. One additional committee shall be established with jurisdiction over the metropolitan municipal corporation function or functions, or a separate committee may be established for each function, authorized by the voters of the metropolitan municipal corporation under chapter 35.58 RCW.
(b) Each committee shall include members representing the county, central city, other component cities, and unincorporated area of the county. If the voters authorized the metropolitan municipal corporation to provide water pollution abatement, the committee with jurisdiction over water pollution abatement shall also include a commissioner of a sewer district, or water district providing sewer service, in the county that discharges sewage into the metropolitan municipal corporation's water pollution abatement facilities. The county shall adopt a procedure for the commissioners of these sewer and water districts to select the commissioner who sits on the committee.
(c) The number of central city members, other component city members, and unincorporated area members on each committee shall be in proportion to the populations of the central city, other component cities, and unincorporated area of the county. Central city members shall be elected city officials of the central city selected by the central city. Other component city members shall be elected city officials of the other component cities who are selected using a procedure established by the county that includes: (i) Dividing the other component cities into separate groups equal in number to the number of component city members on a committee, with each group having approximately the same population and the cities included in each group being located in the same general geographic area; and (ii) providing for a meeting of the elected city officials of each group of cities to select a city official as a member of the committee. Unincorporated area members shall be selected using a procedure established by the county that includes dividing the unincorporated area of the county into three separate geographic areas each with approximately equal population, creating an unincorporated area council for each separate geographic area, and participation of the unincorporated area council in the selection of any representative from that geographic area.
(d) Committee members shall be subject to chapter 42.17 RCW.
(2) Until a charter amendment is approved after the effective date of this section altering the size of the county legislative authority and providing for a two-thirds vote of the county legislative authority on matters related to the exercise of metropolitan municipal corporation functions under chapter 35.58 RCW, an ordinance, resolution, or other measure adopted by the county legislative authority relating to a metropolitan municipal corporation right, power, function, or obligation that was assumed by the county shall be approved by at least a two-thirds vote of the members of the county legislative authority.
(3) The county shall establish a transition committee to advise the county legislative authority on issues relating to the transition to county performance of metropolitan municipal corporation functions. The transition committee shall include members representing cities, special purpose districts, and citizens with interest and expertise in those functions and public administration.
(4) The county shall 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.
(5) The county shall preserve the existing internal administrative structure of the metropolitan municipal corporation for a period of two years after assuming the powers, rights, functions, and obligations of the metropolitan municipal corporation.
(6) The county shall consult with citizens of the unincorporated areas of the county to analyze issues of governance for those areas and report to the legislature and the governor proposed legislation necessary to implement the conclusions of the consultation process within one year after assuming the powers, rights, functions, and obligations of the metropolitan municipal corporation."
"NEW SECTION. Sec. 4. A new section is added to chapter 36.56 RCW to read as follows:
(1) As an alternative to the procedure provided in RCW 36.56.040, a county may assume the rights, powers, functions, and obligations of a metropolitan municipal corporation located within its boundaries as provided in section 3 of this act.
(2) A county that has assumed a metropolitan municipal corporation under section 3 of this act shall comply with all provisions of this chapter other than those set forth in RCW 36.56.040."
"NEW SECTION. Sec. 5. A new section is added to chapter 35.58 RCW to read as follows:
If OPTION 1 receives the greatest number of votes under section 2 of this act, the metropolitan municipal corporation is a federation and the metropolitan council shall be composed of thirteen or fourteen members as follows:
(1) Nine members representing the central city, other component cities, and unincorporated areas. The nine positions are distributed among the elected officials of the central city and other component cities, and the residents of the unincorporated areas, in proportion to the populations of the central city, other component cities, and unincorporated areas. Initially, the central city, other component cities, and unincorporated areas shall each have three members.
(a) The mayor of the central city shall select the members of the metropolitan council representing the central city.
(b) The other component cities shall establish a procedure to select metropolitan council members representing the other component cities that includes: (i) Dividing the other component cities into a group for each position on the metropolitan council distributed to other component cities with each group having approximately the same population and the cities included in each group located in the same general geographic area; (ii) providing that elected city officials of cities within each group meet every two years; and (iii) providing that the elected city officials of each group select a city elected official from the group to represent on the metropolitan council the other component cities of that group. The procedure may include weighing the votes of the city elected officials in relation to the population of the city from which they are selected.
(c) The members from the unincorporated areas shall be residents of an unincorporated area who are selected using a procedure established by the county. The procedure shall include: (i) Dividing the unincorporated areas into separate geographic areas equal to the number of positions distributed to the residents of the unincorporated areas, with each area having approximately the same population; (ii) creating an unincorporated area council for each geographic area; and (iii) participation of the unincorporated area council in the selection of a representative from that area.
(2) For a metropolitan municipal corporation that is authorized to perform the function of water pollution abatement, one additional member who is a commissioner of a sewer district or a water district that is operating a sewer system and that is a component part of the metropolitan municipal corporation. The member shall participate only in those council actions that relate to the performance of the function of water pollution abatement. The commissioners of all 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 election of a chairperson, the commissioners shall make nominations to select a member to serve on the metropolitan council and take successive ballots for each candidate until one receives a majority of votes cast.
(3)(a) The county executive shall be a member.
(b) The county executive shall appoint three members of the county council as members. Before appointment of the members under this subsection (3)(b) in a county with a county council having nine councilmembers nominated from separate council districts, the county executive shall identify three groups of three council districts: One primarily representing the population in the central city; one primarily representing other component cities; and one primarily representing unincorporated areas. The county executive shall appoint one councilmember from each of the district groups. Such district groups may be adjusted from time to time to ensure equal representation. Members selected under this subsection (3)(b) shall serve for four year terms or until leaving the office of county councilmember, whichever is shorter, and may be reappointed.
(4) One of the members shall be chairperson of the metropolitan council and selected by the other members of the council. The chairperson shall hold office until the second Tuesday in July of each even-numbered year and may serve more than one term."
"NEW SECTION. Sec. 6. A new section is added to chapter 35.58 RCW to read as follows:
A vacancy in the office of a member of the metropolitan council shall be filled in the same manner as provided for the original selection of the member."
"NEW SECTION. Sec. 7. A new section is added to chapter 35.58 RCW to read as follows:
(1) The metropolitan council shall redistribute the nine positions on the metropolitan council selected under section 5(1) of this act among the central city, other component cities, and unincorporated areas of the county in proportion to the respective populations of each area whenever population changes warrant a change to insure proportionate representation. The council shall review the distribution at least once every ten years after the release of the federal decennial census data.
(2) The metropolitan council shall adjust the number of groups of other component cities when appropriate in response to population changes and shall adjust other component cities within a group of cities when appropriate to keep the populations of each group of component cities approximately equal.
(3) The metropolitan council shall adjust the number of separate geographic areas in the unincorporated area of the county when appropriate in response to population changes and shall adjust the separate geographic areas when appropriate to keep the populations of each separate geographic area approximately equal."
"NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
"NEW SECTION. Sec. 9. (1) Sections 1 and 2 of this act are 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.
(2) Sections 3 through 7 of this act shall take effect January 1, 1993."
EHB 2830 - S AMD
By Senators Skratek and Moore
On page 1, line 1 of the title, after "corporations;" strike the remainder of the title and insert "adding new sections to chapter 36.56 RCW; adding new sections to chapter 35.58 RCW; creating new sections; providing an effective date; and declaring an emergency."