BP BHEAD INT S [atlas:bill]

AN ACT Relating to the use of commissioner districts in port districts; amending RCW 53.12.010, 53.12.115, 53.12.130, 53.16.015, and 29.70.100; adding a new section to chapter 53.12 RCW; and creating a new section.

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,~~)) members, except where the number of commissioners has been increased to five members under RCW 53.12.115 through 53.12.130 and except where section 4 of this act provides for a port commission consisting of seven members.

(2) 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~~)) except as provided otherwise under ((~~subsection (2) of this section~~)) RCW 53.12.021 or if the port district is coextensive with the boundaries of a county with a population of from five hundred thousand to less than one million, in which case commissioner districts shall not be used as part of the process to elect port commissioners. Where a port district with three commissioners ((~~positions~~)) is coextensive with the boundaries of a county ((~~that has a population of less than five hundred thousand and the county has~~)) with 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~~)), except where the commissioner districts have been described pursuant to RCW 53.04.031 and except that the county legislative authority of a county with a population of one million or more and boundaries coextensive with the boundaries of a port district shall divide that port district into commissioner districts. 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. 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~~)) (3) Port districts with five commissioners, ((~~two of the commissioner districts may include the entire port district if approved~~)) other than a port district that is coextensive with the boundaries of a county with a population of from five hundred thousand to less than one million, 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.

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~~)) 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.

NEW SECTION. Sec. 4. A new section is added to chapter 53.12 RCW to read as follows:

Commencing on January 1, 2000, the port commission of a port district that is coextensive with the boundaries of a county with a population of one million or more shall consist of seven members.

NEW SECTION. Sec. 5. The county legislative authority of a county with a population of one million or more, with a port district that is coextensive with the boundaries of the county, shall divide the port district into seven commissioner districts by March 1, 1999. Each commissioner district shall have approximately equal population. The commissioner districts shall be used for residency and nomination purposes to elect commissioners, as provided under RCW 53.12.010, in 1999 and thereafter.

If the drawing of commissioner district boundaries results in two or more commissioners residing in the same commissioner district, the county legislative authority shall assign all but one of these commissioners to separate commissioner districts in which no commissioner resides or has been assigned. Where possible, the commissioner with the shortest unexpired term of office shall be so assigned. 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.

In addition to electing persons at the 1999 district general election to succeed commissioners whose terms of office expire on January 1, 2000, two additional commissioners shall be elected at the 1999 district general election, one from each commissioner district where no commissioner resides or has been assigned. Each commissioner shall be elected to a four-year term of office in accordance with RCW 53.12.172.

Sec. 6. RCW 53.16.015 and 1994 c 223 s 90 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, 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 port commission shall assign all but one of these commissioners to separate commissioner districts in which no commissioner resides or has been assigned. Where possible, the commissioner with the shortest unexpired term of office shall be so assigned. 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.

(2) The county legislative authority of a county with a population of one million or more with a port district that is coextensive with its boundaries shall redraw the boundaries of port commissioner districts under the provisions of this chapter.

Sec. 7. RCW 29.70.100 and 1984 c 13 s 4 are each amended to read as follows:

(1) It is the responsibility of each county, municipal corporation, and special purpose district with a governing body comprised of internal director, council, or commissioner districts not based on statutorily required land ownership criteria to periodically redistrict its governmental unit, based on population information from the most recent federal decennial census.

(2) Within forty-five days after receipt of federal decennial census information applicable to a specific local area, the commission established in RCW 44.05.030 shall forward the census information to each municipal corporation, county, and district charged with redistricting under this section.

(3) No later than eight months after its receipt of federal decennial census data, the governing body of the municipal corporation, county, or district shall prepare a plan for redistricting its internal or director districts.

(4) The plan shall be consistent with the following criteria:

(a) Each internal director, council, or commissioner district shall be as nearly equal in population as possible to each and every other such district comprising the municipal corporation, county, or special purpose district.

(b) Each district shall be as compact as possible.

(d) Population data may not be used for purposes of favoring or disfavoring any racial group or political party.

(e) To the extent feasible and if not inconsistent with the basic enabling legislation for the municipal corporation, county, or district, the district boundaries shall coincide with existing recognized natural boundaries and shall, to the extent possible, preserve existing communities of related and mutual interest.

(5) During the adoption of its plan, the municipal corporation, county, or district shall ensure that full and reasonable public notice of its actions is provided. The municipal corporation, county, or district shall hold at least one public hearing on the redistricting plan at least one week before adoption of the plan.

(6)(a) Any registered voter residing in an area affected by the redistricting plan may request review of the adopted local plan by the superior court of the county in which he or she resides, within forty-five days of the plan's adoption. Any request for review must specify the reason or reasons alleged why the local plan is not consistent with the applicable redistricting criteria. The municipal corporation, county, or district may be joined as respondent. The superior court shall thereupon review the challenged plan for compliance with the applicable redistricting criteria set out in subsection (4) of this section.

(b) If the superior court finds the plan to be consistent with the requirements of this section, the plan shall take effect immediately.

(c) If the superior court determines the plan does not meet the requirements of this section, in whole or in part, it shall remand the plan for further or corrective action within a specified and reasonable time period.

(d) If the superior court finds that any request for review is frivolous or has been filed solely for purposes of harassment or delay, it may impose appropriate sanctions on the party requesting review, including payment of attorneys' fees and costs to the respondent municipal corporation, county, or district.

(7) As provided under RCW 53.16.015, the county legislative authority of a county with a population of one million or more in which a port district is located that is coextensive with the boundaries of the county shall redraw port commissioner district boundaries.