S-1466.2          _______________________________________________

                            SUBSTITUTE SENATE BILL 5368

                  _______________________________________________

State of Washington              54th Legislature             1995 Regular Session

By Senate Committee on Government Operations (originally sponsored by Senator Heavey)

Read first time 03/01/95.

Limiting voters of a port commissioner district to elect commissioners in districts with populations of one million or more.

     AN ACT Relating to voting for port commissioners; and amending RCW 53.12.010.

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 and every port district with 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.  Where a port district with three commissioner positions and three commissioner districts 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; and (c) for a port district with a population of five hundred thousand or more, only the voters of a commissioner district may vote at a general election to elect a person as a commissioner of the commissioner district.  For all other port districts, 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 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.

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