1353-S

AN ACT Relating to the use of commissioner districts in port districts; amending RCW 53.12.010, 53.12.115, 53.12.130, and 53.16.015; creating a new section; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 53.12.010 and 1994 c 223 s 81 are each amended to read as follows:

(1) The powers of the port district shall be exercised through a port commission consisting of three or, when permitted by this title, five members. Every port district ((~~that is not coextensive with a county having a population of five hundred thousand or more~~)) shall be divided into the same number of commissioner districts as there are commissioner positions, each having approximately equal population, unless provided otherwise under subsection (2) of this section or RCW 53.12.021. Where a port district with three commissioner positions 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 commissioner districts shall be the county legislative authority districts. In other instances where a port district is divided into commissioner districts, the port commission shall divide the port district into commissioner districts unless the commissioner districts have been described pursuant to RCW 53.04.031. The commissioner districts shall be altered as provided in chapter 53.16 RCW.

Commissioner districts shall be used as follows: (a) 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 (b) only the voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Except as provided in section 5 of this act, voters of the entire port district may vote at a general election to elect a person as a commissioner of the commissioner district.

(2) ((In)) Port districts with five commissioners((~~, two of the commissioner districts may include the entire port district if approved~~)) shall be divided into five commissioner districts and the two additional commissioners shall be elected from districts four and five, unless voters of the district authorize the nomination and election of the two additional commissioners on a port district-wide basis without the use of commissioner districts. The nomination and election of the two additional commissioners on a port district-wide basis without the use of commissioner districts may be authorized by the voters of the district either at the time of formation or at a subsequent port district election at which the issue is proposed pursuant to a resolution adopted by the board of commissioners and delivered to the county auditor. Section 5 of this act shall govern the use of commissioner districts by port districts with five commissioners and a population of five hundred thousand or more.

Sec. 2. RCW 53.12.115 and 1994 c 223 s 86 are each amended 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 the port commission adopts a resolution proposing the increase in number of port commissioners or a petition proposing 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 or special election occurring sixty or more days after the petition was submitted or resolution was adopted.

At the next district general ((~~or special~~)) 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, and the voters may be asked to approve the nomination of commissioners from district-wide commissioner districts as permitted in RCW 53.12.010(2).

Sec. 3. RCW 53.12.130 and 1994 c 223 s 88 are each amended to read as follows:

Two additional port commissioners shall be elected at the next district general election following the election at which voters authorized the increase in port commissioners to five members.

The port commissioners shall divide the port district into five commissioner districts prior to the first day of June in the year in which the two additional commissioners shall be elected, unless the voters approved the nomination and election of the two additional commissioners ((~~from district-wide~~)) without the use of commissioner districts as permitted in RCW 53.12.010(2). The new commissioner districts shall be numbered one through five and the three incumbent commissioners shall represent commissioner districts one through three. If, as a result of redrawing the district boundaries two or three of the incumbent commissioners reside in one of the new commissioner districts, the commissioners who reside in the same commissioner district shall determine by lot which of the first three numbered commissioner districts they shall represent for the remainder of their respective terms. A primary shall be held to nominate candidates from districts four and five where necessary and commissioners shall be elected from commissioner districts four and five at the district general election. The persons elected as commissioners from commissioner districts four and five shall take office 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 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 is 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 is 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.

Successor commissioners from districts four and five shall be elected to terms of either six or four years, depending on the length of terms of office to which commissioners of that port district are elected.

Sec. 4. RCW 53.16.015 and 1994 c 223 s 90 are each amended to read as follows:

The port commission of a port district that uses commissioner districts 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 if the port district is not coterminous with a county that has the same number of county legislative authority districts as the port has port commissioners. 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. If the redrawing of commissioner district boundaries results in two or more commissioners who are to be elected from commissioner districts residing in the same commissioner district, the extra commissioner or commissioners residing that commissioner district who are to be elected from commissioner districts with the shortest unexpired terms shall be assigned by the board to commissioner districts within which no commissioner resides, and the commissioners so assigned shall be deemed to be residents of the commissioner districts to which they are assigned for the remainder of their terms of office.

Each commissioner district shall encompass as nearly as possible the same population.

NEW SECTION. Sec. 5. The port commission of a port district with a population of five hundred thousand or more shall divide the port district into the appropriate number of commissioner districts, each with approximately equal population, and the commissioner districts shall be used for residency and nomination purposes, and for the general election, to elect commissioners at the 1995 district general election and thereafter.

If the drawing of commissioner district boundaries results in two or more commissioners who are to be elected from commissioner districts residing in the same commissioner district, the extra commissioner or commissioners residing in that commissioner district who are to be elected from commissioner districts with the shortest unexpired terms shall be assigned by the board to commissioner districts within which no commissioner resides, and the commissioners so assigned shall be deemed to be residents of the commissioner districts to which they are assigned for the remainder of their terms of office. Commissioners shall be elected at the 1995 district general election from the district or districts in which the commissioner or commissioners reside whose terms of office expire on January 1, 1996.

NEW SECTION. Sec. 6. 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.