AN ACT
Relating to port districts; amending RCW 53.12.010, 53.12.172, 53.12.120,
53.12.130, 53.16.030, 53.12.260, and 41.04.190; adding new sections to chapter
53.12 RCW; adding a new section to chapter 53.16 RCW; and repealing RCW
53.12.020, 53.12.035, 53.12.050, 53.12.057, 53.12.060, 53.12.172, 53.12.180,
53.12.190, 53.12.200, 53.12.220, and 53.16.010.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
53.12.010 and 1991 c 363 s 128 are each amended to read as follows:
The
powers of the port district shall be exercised through a port commission
consisting of three members. ((In any port district with boundaries that
are coterminous with the boundaries of a county with a population of five
hundred thousand or more the members shall be residents of the county in which
the port district is located. In all other port districts, three commissioner
districts, numbered consecutively, having approximately equal population and
boundaries following ward and precinct lines, shall be described in the
petition for the formation of the port district, and one commissioner shall be
elected from each of said commissioner districts.)) Every port district
that is not coextensive with a county having a population of five hundred
thousand or more shall be divided into three commissioner districts each having
approximately equal population. Where a port district 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
district commissioner districts shall be the county legislative authority
districts. In other instances where a port district is divided into
commissioner districts, the petition proposing the formation of such a port
district shall describe three commissioner districts each having approximately
the same population and the commissioner districts shall be altered as provided
in chapter 53.16 RCW.
Commissioner
districts shall be used as follows: (1) 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 (2) only the voters of a
commissioner district may vote at a primary election 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.
In
port districts having additional commissioners as authorized by RCW 53.12.120
((and)), 53.12.130, and section 7 of this act, the powers
of the port district shall be exercised through a port commission consisting of
five members constituted as provided therein.
Sec.
2. RCW
53.12.172 and 1979 ex.s. c 126 s 34 are each amended to read as follows:
In
every ((such)) port district the term of office of each port
commissioner shall be four years in each port district that is county-wide
with a population of one hundred thousand or more, or either six or four
years in all other port districts as provided in section 3 of this act,
and until ((his or her)) a successor is elected and qualified((,
and one commissioner shall be elected at the time of the general election in
each odd-numbered year for the term of six years beginning in accordance with
RCW 29.04.170: PROVIDED, That the terms of office of the port commissioners
shall be staggered in any district hereafter organized as follows: (1) The
candidate residing in the first commissioner district receiving the highest
number of votes in the port district at the election organizing the district
shall hold office until a successor assumes office who is elected from the
election held in the sixth year after the organizational election, if such
organizational election was held in an odd-numbered year, or from the election
held in the fifth year after the organizational election if such organizational
election was held in an even-numbered year; (2) the candidate residing in the
second commissioner district receiving the highest number of votes in the port
district at such organizational election shall hold office until a successor
assumes office who is elected from the election held in the fourth year after
the organizational election, if such organizational election was held in an
odd-numbered year, or from the election held in the third year after the
organizational election if such organizational election was held in an
even-numbered year; and (3) the candidate residing in the third commissioner
district receiving the highest number of votes in the port district at such
organizational election shall hold office until a successor assumes office who
is elected from the election held in the second year after the organizational
election, if such organizational election was held in an odd-numbered year, or
from the election held in the first year after the organizational election if
such organizational election was held in an even-numbered year)) and
assumes office in accordance with RCW 29.04.170. The initial port
commissioners shall be elected at the same election as when the ballot
proposition is submitted to voters authorizing the creation of the port
district. If the port district is created the persons elected at this election
shall serve as the initial port commission. No primary shall be held. The
person receiving the greatest number of votes for commissioner from each
commissioner district shall be elected as the commissioner of that district.
The
terms of office of the initial port commissioners shall be staggered as follows
in a port district that is county-wide with a population of one hundred
thousand or more: (1) The two persons who are elected receiving the two
greatest numbers of votes shall be elected to four-year terms of office if the
election is held in an odd-numbered year, or three-year terms of office if the
election is held in an even-numbered year, and shall hold office until
successors are elected and qualified and assume office in accordance with RCW
29.04.170; and (2) the other person who is elected shall be elected to a
two-year term of office if the election is held in an odd-numbered year, or a
one-year term of office if the election is held in an even-numbered year, and
shall hold office until a successor is elected and qualified and assumes office
in accordance with RCW 29.04.170. The terms of office of the initial port
commissioners in all other port districts shall be staggered as follows: (a)
The person who is elected receiving the greatest number of votes shall be
elected to a six-year term of office if the election is held in an odd-numbered
year or to a five-year term of office if the election is held in an
even-numbered year, and shall hold office until a successor is elected and
qualified and assumes office in accordance with RCW 29.04.170; (b) the person
who is elected receiving the next greatest number of votes shall be elected to
a four-year term of office if the election is held in an odd-numbered year or
to a three-year term of office if the election is held in an even-numbered
year, and shall hold office until a successor is elected and qualified and
assumes office in accordance with RCW 29.04.170; and (c) the other person who
is elected shall be elected to a two-year term of office if the election is
held in an odd-numbered year or a one-year term of office if the election is
held in an even-numbered year, and shall hold office until a successor is
elected and qualified and assumes office in accordance with RCW 29.04.170.
The
initial port commissioners shall take office immediately after being elected
and qualified, but the length of their terms shall be calculated from the first
day in January in the year following their elections.
NEW
SECTION. Sec. 3. A new
section is added to chapter 53.12 RCW to read as follows:
A
ballot proposition to reduce the terms of office of port commissioners from six
years to four years shall be submitted to the voters of any port district that
otherwise would have commissioners with six-year terms of office upon either
resolution of the port commissioners or petition of voters of the port district
proposing the reduction in terms of office, which petition has been signed by
voters of the port district equal in number to at least ten percent of the
number of voters in the port district voting at the last district general
election. The petition shall be submitted to the county auditor. If the
petition was signed by sufficient valid signatures, the ballot proposition
shall be submitted at the next district general election that occurs sixty or
more days after the adoption of the resolution or submission of the petition.
If the
ballot proposition reducing the terms of office of port commissioners is
approved by a simple majority vote of the voters voting on the proposition, the
commissioner or commissioners who are elected at that election shall be elected
to four-year terms of office. The terms of office of the other commissioners
shall not be reduced, but each successor shall be elected to a four-year term
of office.
NEW
SECTION. Sec. 4. A new
section is added to chapter 53.12 RCW to read as follows:
Port
commissioners of county-wide port districts with populations of one hundred
thousand 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. Their successors shall be elected to four-year terms of office
except as otherwise provided in RCW 53.12.130.
NEW
SECTION. Sec. 5. A new
section is added to chapter 53.12 RCW to read as follows:
All
elections relating to a port district shall conform with general election law,
except as expressly provided in Title 53 RCW.
NEW
SECTION. Sec. 6. A new
section is added to chapter 53.12 RCW to read as follows:
A
candidate for the office of port commissioner may withdraw his or her
declaration of candidacy at any time before the close of business on the
Thursday following the last day for candidates to file by filing, with the
officer with whom the declaration of candidacy was filed, a signed request that
his or her name not be printed on the ballot. There shall be no withdrawal
period for declarations of candidacy filed during special filing periods. The
filing officer may permit the withdrawal of a filing for the office of port
commissioner at the request of the candidate at any time before a primary if
the primary ballots for that election have not been ordered. No filing fee may
be refunded to any candidate who withdraws under this section. Notice of the
deadline for withdrawal of candidacy and that the filing fee is not refundable
shall be given to each candidate at the time he or she files.
NEW
SECTION. Sec. 7. A new
section is added to chapter 53.12 RCW to read as follows:
A
ballot proposition shall be submitted to the voters of any port district
authorizing an increase in the number of port commissioners to five whenever a
petition requesting such an increase has been submitted to the county auditor
of the county in which the port district is located that has been signed by
voters of the port district at least equal in number to ten percent of the
number of voters in the port district who voted at the last general election.
The ballot proposition shall be submitted at the next general election
occurring sixty or more days after the petition was submitted.
At the
next general election following the election in which an increase in the number
of port commissioners was authorized, candidates for the two additional port
commissioner positions shall be elected as provided in RCW 53.12.130.
Sec.
8. RCW
53.12.120 and 1982 c 219 s 1 are each amended to read as follows:
When
the population of a port district reaches five hundred thousand, in accordance with
the latest United States regular or special census or with the official state
population estimate, there shall be submitted to the voters of the district, at
the next general election or at a special port election called for that
purpose, the proposition of increasing the number of commissioners to five. At
any general election thereafter, the same proposition may be submitted by
resolution of the port commissioners, by filing a certified copy of the
resolution with the county auditor at least four months prior to the general
election. If the proposition is ((adopted)) approved by the voters,
the commission in that port district shall consist of five commissioners ((in
positions numbered as specified in RCW 53.12.035, the additional commissioners
to take office five days after the election)).
Sec.
9. RCW
53.12.130 and 1965 c 51 s 8 are each amended to read as follows:
Two
additional port commissioners shall be elected at the ((same)) next
general election ((the names of the candidates for the additional port
commissioner positions numbered four and five shall be printed on the ballot
and voted on, but the election of such additional commissioners shall be
contingent upon the adoption of the proposition for a commission of five
members)) following the election at which voters authorized the increase
in port commissioners to five members. The two additional positions shall be
numbered positions four and five. A primary shall be held to nominate
candidates where necessary. The ((candidate for each additional
numbered position)) person receiving the highest number of votes for
each position shall be elected((,)) to that position and
shall take office ((five days after the election)) immediately after
qualification as defined under RCW 29.01.135. In a port district where
commissioners are elected to four-year terms of office, the additional
commissioner thus elected receiving the highest number of votes shall ((hold
office for six years and the other shall hold office for four years from the
date provided by law for port commissioners to next commence their terms of
office)) be elected to a four-year term of office and the other
additional commissioner thus elected shall be elected to a term of office of
two years, if the election were held in an odd-numbered year, or the additional
commissioner thus elected receiving the highest number of votes shall be
elected to a term of office of three years and the other shall be elected to a
term of office of one year, if the election were held in an even-numbered
year. In a port district where the commissioners are elected to six-year terms
of office, the additional commissioner thus elected receiving the highest
number of votes shall be elected to a six-year term of office and the other
additional commissioner shall be elected to a four-year term of office, if the
election is held in an odd-numbered year, or the additional commissioner
receiving the highest number of votes shall be elected to a term of office of
five-years and the other shall be elected to a three-year term of office, if
the election is held in an even-numbered year. The length of terms of office
shall be computed from the first day of January in the year following this
election.
A
successor to a commissioner holding position four or five whose term is about
to expire, shall be elected at the general election next preceding such
expiration, for a term of either six or four years, depending
on the length of terms of office to which commissioners of that port district
are elected. Positions four and five shall not be associated with a
commissioner district and the elections to both nominate candidates for those
positions and elect commissioners for these positions shall be held on a port
district-wide basis.
NEW
SECTION. Sec. 10. A new
section is added to chapter 53.16 RCW to read as follows:
In a
port district that is not coterminous with a county that has three county
legislative authority districts and that has port commissioner districts, the
port commission may redraw the commissioner district boundaries as provided in
chapter 29.70 RCW at any time and submit the redrawn boundaries to the county
auditor. The new commissioner districts shall be used at the next election at
which a port commissioner is regularly elected that occurs at least one hundred
eighty days after the redrawn boundaries have been submitted. Each
commissioner district shall encompass as nearly as possible one-third of the
population of the port district.
Sec.
11. RCW
53.16.030 and 1933 c 145 s 4 are each amended to read as follows:
Any
change of boundary lines provided for in this chapter shall not affect the term
for which a commissioner shall hold office at the time the change is made((,
and the requirement of two years' residence within the commissioner district
for eligibility for office of port commissioner shall not apply to incumbent
commissioners seeking election at any port district election held within three
years of the change of such district boundaries: PROVIDED, That at the time of
nomination the incumbent commissioner resides in the commissioners district for
which he seeks election)).
Sec.
12. RCW
53.12.260 and 1985 c 330 s 3 are each amended to read as follows:
(1)
Each commissioner of a port district shall receive fifty dollars per day or
portion thereof spent (a) in actual attendance at official meetings of the port
district commission, or (b) in performance of other service in behalf of the
district((: PROVIDED, That no commissioner shall receive compensation to
exceed five thousand eight hundred dollars for any calendar year: PROVIDED
FURTHER, That no commissioner of a port district shall receive compensation to
exceed four thousand eight hundred dollars for any calendar year if the port
district had gross operating income of less than twenty-five million dollars in
the preceding calendar year)). The total per diem compensation of a
port commissioner shall not exceed four thousand eight hundred dollars in a
year, or six thousand dollars in any year for a port district with gross
operating income of twenty-five million or more in the preceding calendar year.
(2)
Port commissioners shall receive additional compensation as follows: (a) Each
commissioner of a port district with gross operating revenues of twenty-five
million dollars or more in the preceding calendar year shall receive a salary
of five hundred dollars per month; and (b) each commissioner of a port district
with gross operating revenues of from one million dollars to less than
twenty-five million dollars in the preceding calendar year shall receive a
salary of two hundred dollars per month.
(3)
In lieu of the compensation specified in this section, a port commission may
set compensation to be paid to commissioners.
(4)
For any commissioner who has not elected to become a member of public employees
retirement system before May 1, 1975, the compensation provided pursuant to
this section shall not be considered salary for purposes of the provisions of
any retirement system created pursuant to the general laws of this state nor
shall attendance at such meetings or other service on behalf of the district
constitute service as defined in RCW 41.40.010(9): PROVIDED, That in the case
of a port district when commissioners are receiving compensation and
contributing to the public employees retirement system, these benefits shall
continue in full force and effect notwithstanding the provisions of RCW
53.12.260 and 53.12.265.
Sec.
13. RCW
41.04.190 and 1983 1st ex.s. c 37 s 1 are each amended to read as follows:
The
cost of ((any such group)) a policy or plan to ((any such))
a public agency or body ((shall)) is not ((be deemed))
additional compensation to the employees or elected ((county)) officials
covered thereby((, and)). The elected officials to whom this section
applies include but are not limited to commissioners elected under chapters
28A.315, 52.14, 53.12, 54.12, 56.12, 57.12, 70.44, and 87.03 RCW, as well as
any county elected officials who are provided insurance coverage under RCW
41.04.180. Any officer authorized to disburse such funds may pay in whole
or in part to ((any such)) an insurance carrier or health care service
contractor the amount of the premiums due ((pursuant to any such)) under
the contract.
NEW
SECTION. Sec. 14. The
following acts or parts of acts are each repealed:
(1)
RCW 53.12.020 and 1991 c 363 s 129, 1986 c 262 s 2, 1965 c 51 s 2, 1959 c 175 s
1, & 1959 c 17 s 4;
(2)
RCW 53.12.035 and 1991 c 363 s 130, 1990 c 59 s 108, 1965 c 51 s 3, & 1959
c 175 s 9;
(3)
RCW 53.12.050 and 1959 c 17 s 5;
(4)
RCW 53.12.057 and 1965 c 51 s 6;
(5)
RCW 53.12.060 and 1990 c 259 s 19, 1959 c 175 s 6, 1927 c 204 s 1, & 1913 c
62 s 3;
(6)
RCW 53.12.172 and 1979 ex.s. c 126 s 34 & 1951 c 68 s 2;
(7)
RCW 53.12.180 and 1935 c 133 s 8;
(8)
RCW 53.12.190 and 1935 c 133 s 10;
(9)
RCW 53.12.200 and 1935 c 133 s 9;
(10)
RCW 53.12.220 and 1979 ex.s. c 126 s 35, 1941 c 45 s 2, & 1925 ex.s. c 113
s 2; and
(11)
RCW 53.16.010 and 1969 ex.s. c 9 s 1 & 1957 c 69 s 2.
