AN
ACT Relating to conservation district supervisors; amending RCW 29.13.020 and
89.08.190; adding a new section to chapter 42.17 RCW; creating new sections;
providing an expiration date; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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.
Sec.
3. RCW
89.08.190 and 1973 1st ex.s. c 184 s 20 are each amended to read as follows:
Within
thirty days after the issuance of the certificate of organization, unless the
time is extended by the commission, petitions shall be filed with the
commission to nominate candidates for the three elected supervisors. The
petition shall be signed by not less than twenty-five district electors, and a
district elector may sign petitions nominating more than one person.
In
the case of a new district, the commission shall give due notice to elect the
three supervisors. All provisions pertaining to elections on the creation of a
district shall govern this election so far as applicable. The names of all
nominees shall appear on the ballot in alphabetical order, together with
instructions to vote for three. The three candidates receiving the most votes
shall be declared elected supervisors, the one receiving the most being elected
for a three-year term, the next for two and the last for one year. An
alternate method of dividing the district into three zones may be used when
requested by the board of supervisors and approved by the commission. In such
case, instructions will be to vote for one in each zone. The candidate
receiving the most votes in a zone shall be declared elected.
Each
year after the creation of the first board of supervisors, the board shall by
resolution and by giving due notice, set a date during the first quarter of
each calendar year at which time it shall conduct an election, except that
for elections in 2002 only, the board shall set the date during the second
quarter of the calendar year at which time it shall conduct an election.
Names of candidates nominated by petition shall appear in alphabetical order on
the ballots, together with an extra line wherein may be written in the name of
any other candidate. The commission shall establish procedures for elections,
canvass the returns and announce the official results thereof. Election
results may be announced by polling officials at the close of the election
subject to official canvass of ballots by the commission. Supervisors elected
shall take office at the first board meeting following the election.
NEW
SECTION. Sec. 4. 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. 5. (1) A
work group on conservation district elections is created, comprised of seven
members who are appointed as follows:
(a)
The chair who shall be a person with expertise and experience in local
elections, to be named by the president of a statewide organization of county
auditors; and
(b)
Six members appointed by agreement of the president of the senate and the
speaker of the house of representatives with the following qualifications:
(i)
Two persons who are landowners and are currently conservation district
supervisors selected from a list nominated by a statewide association
representing conservation district supervisors;
(ii)
Two persons who are landowners and are not currently conservation district
supervisors, one whom is selected from a list nominated by a statewide dairy
organization and the other whom is selected from a list nominated by a
statewide agricultural organization;
(iii)
One person who is selected from a list nominated by a statewide environmental
organization and is knowledgeable about conservation district operations; and
(iv)
One person representing county governments selected from a list nominated by
the Washington association of counties.
(2)
The work group shall conduct a review of conservation district election
procedures and prepare recommendations for changes and improvements to the
procedures including but not limited to:
(a)
Defining eligibility requirements for holding the office of conservation
district supervisor;
(b)
Determining what public agency should be responsible for overseeing and
certifying conservation district elections;
(c)
Determining whether or not conservation district supervisors should be required
to report under chapter 42.17 RCW;
(d)
Determining the cost of proposed changes and how the costs of conservation
district elections should be paid; and
(e)
Determining what actions the conservation commission should take in response to
implementing the recommendations of the work group for any elections conducted
under chapter 89.08 RCW.
(3)
The work group shall convene as soon as possible upon the appointment of its
members. The work group shall provide progress reports as requested by the
house of representatives committee on agriculture and ecology and the senate
committee on agriculture and international trade during scheduled legislative
committee assemblies or at other meetings of these committees.
(4)
The work group may conduct town hall meetings in different regions of the state
before submitting the recommendations to the legislature. The open public
meetings act, chapter 42.30 RCW, applies to meetings conducted under this
section. The work group shall announce the location and time of meetings.
(5)
The work group shall provide a report of its findings and recommendations to
the secretary of the senate and the chief clerk of the house of representatives
by December 15, 2002.
(6)
No additional funds may be appropriated for the purposes of the work group or
the report in this section.
(7)
This section expires April 15, 2003.
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 takes effect immediately.
