S-3576.1  _______________________________________________


                         SENATE BILL 6572



State of Washington   57th Legislature        2002 Regular Session


By Senators Rasmussen, Morton, Carlson and Benton


Read first time 01/22/2002.  Referred to Committee on Agriculture & International Trade.

Clarifying that conservation district supervisors' elections and public disclosure requirements are governed by conservation district laws.

    AN ACT Relating to conservation district supervisors; amending RCW 29.13.020; adding a new section to chapter 42.17 RCW; creating a new section; and declaring an emergency.




    NEW SECTION.  Sec. 1.  The legislature finds that there are conflicting interpretations as to the intent of the legislature in the enactment of chapter 305, Laws of 1999.  The purpose of this act is to make statutory changes that further clarify this intent.

    It is the intent of the legislature that elections of conservation district supervisors continue to be conducted under procedures in the conservation district statutes, chapter 89.08 RCW, and that such elections not be conducted under the general election laws contained in Title 29 RCW.  Further, it is the intent of the legislature that there be no change made with regard to applicability of the public disclosure act, chapter 42.17 RCW, to conservation district supervisors from those that existed before the enactment of chapter 305, Laws of 1999.


    Sec. 2.  RCW 29.13.020 and 1994 c 142 s 2 are each amended to read as follows:

    (1) All city, town, and district general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in November in the odd-numbered years.

    This section shall not apply to:

    (a) Elections for the recall of any elective public officer;

    (b) Public utility districts, conservation districts, or district elections at which the ownership of property within those districts is a prerequisite to voting, all of which elections shall be held at the times prescribed in the laws specifically applicable thereto;

    (c) Consolidation proposals as provided for in RCW 28A.315.280 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW.

    (2) The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor at least forty-five days prior to the proposed election date, may, if the county auditor deems an emergency to exist, call a special election in such city, town, or district, and for the purpose of such special election he or she may combine, unite, or divide precincts.  Except as provided in subsection (3) of this section, such a special election shall be held on one of the following dates as decided by the governing body:

    (a) The first Tuesday after the first Monday in February;

    (b) The second Tuesday in March;

    (c) The fourth Tuesday in April;

    (d) The third Tuesday in May;

    (e) The day of the primary election as specified by RCW 29.13.070; or

    (f) The first Tuesday after the first Monday in November.

    (3) In a presidential election year, if a presidential preference primary is conducted in February, March, April, or May under chapter 29.19 RCW, the date on which a special election may be called under subsection (2) of this section during the month of that primary is the date of the presidential primary.

    (4) In addition to subsection (2)(a) through (f) of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from fire, flood, earthquake, or other act of God, except that no special election may be held between the first day for candidates to file for public office and the last day to certify the returns of the general election other than as provided in subsection (2)(e) and (f) of this section.  Such special election shall be conducted and notice thereof given in the manner provided by law.

    (5) This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections.


    NEW SECTION.  Sec. 3.  A new section is added to chapter 42.17 RCW to read as follows:

    Elections of conservation district supervisors held pursuant to chapter 89.08 RCW shall not be considered general or special elections for purposes of the campaign disclosure and personal financial affairs reporting requirements of this chapter.  Elected conservation district supervisors are not considered elected officials for purposes of the annual personal financial affairs reporting requirement of this chapter.


    NEW SECTION.  Sec. 4.  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 takes effect immediately.


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