HB 2182

Washington State House of Representatives Office of Program Research	BILL ANALYSIS

Local Government Committee

HB 2182

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Creating more uniform districting requirements for large and small port districts.

Sponsors: Representatives Hudgins, Schual-Berke, McDermott, Cody, Upthegrove and Santos.

Brief Summary of Bill

Requires that all port districts be divided into individual port commissioner districts.

Requires that every port district with a population of at least one million persons have five port commissioners and be divided into commissioner districts of approximately equal population.

Authorizes any port district to cease using commissioner districts provided the elimination of such districts is approved by a majority of the voters through a ballot proposition meeting specified procedural requirements.

Hearing Date: 4/19/07

Staff: Thamas Osborn (786-7129).

Background:

General Powers and Authority of Port Districts
Port districts are authorized for the purpose of acquisition, construction, maintenance, operation, development, and regulation of harbor improvements, rail or motor vehicle transfer and terminal facilities, water and air transfer and terminal facilities, or any combination of these facilities.

Among the general powers granted to ports are the following:

to acquire land, property, leases, and easements;
to condemn property and exercise the power of eminent domain;
to develop lands for industrial and commercial purposes;
to impose taxes, rates, and charges;
to sell or otherwise convey rights to property; and
to construct and maintain specified types of park and recreation facilities.

Port District Board of Commissioners
Port districts are governed by a board of commissioners consisting of either three or five members in accordance with specified statutory criteria. As a general rule, port districts must have three commissioners, unless the population of the district equals or exceeds 500,000 persons. Once this population threshold has been reached, a ballot proposition must be submitted to district voters asking whether or not the number of district commissioners should be increased from three to five. If the voters approve increasing the number of commissioners to five, statute provides procedures for the election of the two additional commissioners.

In addition, statute provides two alternative procedures by which any port district may increase its number of commissioners from three to five regardless of the population of the port district. One procedure allows a port commission to adopt a resolution calling for addition of two commissioners which is then submitted to district voters for their approval. The second procedure allows district voters themselves to petition for a five member commission. If the petition meets specified statutory criteria, the issue is then presented for decision by the voters at the next general or special election.

Port Commissioner Representation by District
Every port district that is not coextensive with a county having a population of 500,000 or more persons must be divided into separate commissioner districts for each commissioner, each having approximately equal population. Accordingly, by implication, port districts whose boundaries are coextensive with county having a population of at least 500,000 persons are not required to be divided into individual commissioner districts.

Port districts in which each commissioner represents an individual commissioner district are subject to the following election provisions:

A commissioner, or a candidate for commissioner, must be a registered voter who resides within his or her commissioner district.
Only the voters residing within the commissioner district may vote at a primary to nominate a candidate in that commissioner district.
At the general election, all voters within the port district may vote for a candidate from each of the individual commissioner districts and each candidate must be elected by a majority of the voters residing in the port district (i.e., all commissioner candidates run at large in the general election).

"At Large" Commissioner Representation
A port district that is less than county-wide may cease using individual commissioner districts provided the elimination of commissioner districts is approved by the voters in accordance with one of the two following procedures:

A voter petition proposing the elimination of commissioner districts is submitted to the port commission and which is then approved through a ballot proposition considered at the next general election.
The port commission adopts a resolution proposing that commissioner districts be eliminated and which is then approved by the voters through a ballot proposition considered at the next general election.

Summary of Bill:

Every port district with a population of at least one million persons must have five port commissioners and be divided into commissioner districts of approximately equal population. Such port district must comply with the following election provisions:

A commissioner, or a candidate for commissioner, must be a registered voter who resides within his or her commissioner district.
Only the voters residing within the commissioner district may vote at a primary to nominate a candidate in that commissioner district.
At the general election, all voters within the port district may vote for a candidate from each of the individual commissioner districts and each candidate must be elected by the majority of the voters residing in the port district (i.e., all commissioner candidates run at large in the general election).

All port districts must be divided into individual port commissioner districts, unless otherwise exempted from this requirement by statute.

Any port district is authorized to cease using commissioner districts provided the elimination of such districts is approved by a majority of the voters through a ballot proposition meeting specified procedural requirements.

The act provides transitional electoral procedures for port districts with populations of at least one million persons that do not meet statutory requirements regarding the requisite number of commissioners or the division into commissioner districts.

Appropriation: None.

Fiscal Note: Requested on April 16, 2007.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.