5965.E AMS MCCA GORR 006

ESB 5965 - S AMD 615

By Senator McCaslin

2/10/04 ADOPTED

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 36.100.020 and 1995 3rd sp.s. c 1 s 302 are each amended to read as follows:

(1) A public facilities district shall be governed by a board of directors consisting of five or seven members as provided in this section. If the largest city in the county has a population that is at least forty percent of the total county population, the board of directors of the public facilities district shall consist of five or seven members selected as follows: (a) Two members appointed by the county legislative authority to serve for four-year staggered terms; (b) two members appointed by the city council of the largest city in the county to serve for four-year staggered terms; ((and)) (c) one person to serve for a four-year term who is selected by the other directors; and (d) if the second largest city in the county has a population that is at least fifteen percent of the total county population, one member to serve for a four-year term staggered with the appointee selected under (c) of this subsection who is selected by the legislative authority of the second largest city in the county and one member to serve for a four-year term who is selected by the other directors. If the largest city in the county has a population of less than forty percent of the total county population, the county legislative authority shall establish in the resolution creating the public facilities district whether the board of directors of the public facilities district has either five or seven members, and the county legislative authority shall appoint the members of the board of directors to reflect the interests of cities and towns in the county, as well as the unincorporated area of the county. However, if the county has a population of one million or more, the largest city in the county has a population of less than forty percent of the total county population, and the county operates under a county charter, which provides for an elected county executive, three members shall be appointed by the governor and the remaining members shall be appointed by the county executive subject to confirmation by the county legislative authority. Of the members appointed by the governor, the speaker of the house of representatives and the majority leader of the senate shall each recommend to the governor a person to be appointed to the board.

(2) At least one member on the board of directors shall be representative of the lodging industry in the public facilities district before the public facilities district imposes the excise tax under RCW 36.100.040.

(3) Members of the board of directors shall serve four-year terms of office, except that two of the initial five board members or three of the initial seven board members shall serve two-year terms of office.

(4) A vacancy shall be filled in the same manner as the original appointment was made and the person appointed to fill a vacancy shall serve for the remainder of the unexpired term of the office for the position to which he or she was appointed.

(5) A director appointed by the governor may be removed from office by the governor. Any other director may be removed from office by action of at least two-thirds of the members of the legislative authority which made the appointment.

NEW SECTION. Sec. 2. This act takes effect January 1, 2005."

Renumber the sections consecutively and correct any internal references accordingly.

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EFFECT: Adds an additional member to the public facilities district board of directors so that the total membership in a county in which the second largest city in the county has at least 15% of the population will be seven members rather than six members, as specified in the underlying bill. The effective date is moved from January 1, 2004 to January 1, 2005.