BILL REQ. #:  S-4031.1 

Read first time 01/26/12.   Referred to Committee on Transportation.

     AN ACT Relating to regional transit authority boards; and amending RCW 81.112.040.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 81.112.040 and 1994 c 109 s 1 are each amended to read as follows:
     (((1) The regional transit authority shall be governed by a board consisting of representatives appointed by the county executive and confirmed by the council or other legislative authority of each member county. Membership shall be based on population from that portion of each county which lies within the service area. Board members shall be appointed initially on the basis of one for each one hundred forty-five thousand population within the county. Such appointments shall be made following consultation with city and town jurisdictions within the service area. In addition, the secretary of transportation or the secretary's designee shall serve as a member of the board and may have voting status with approval of a majority of the other members of the board. Only board members, not including alternates or designees, may cast votes.
     Each member of the board, except the secretary of transportation or the secretary's designee, shall be:
     (a) An elected official who serves on the legislative authority of a city or as mayor of a city within the boundaries of the authority;
     (b) On the legislative authority of the county, if fifty percent of the population of the legislative official's district is within the authority boundaries; or
     (c) A county executive from a member county within the authority boundaries.
     When making appointments, each county executive shall ensure that representation on the board includes an elected city official representing the largest city in each county and assures proportional representation from other cities, and representation from unincorporated areas of each county within the service area. At least one-half of all appointees from each county shall serve on the governing authority of a public transportation system.
     Members appointed from each county shall serve staggered four-year terms. Vacancies shall be filled by appointment for the remainder of the unexpired term of the position being vacated.
     The governing board shall be reconstituted, with regard to the number of representatives from each county, on a population basis, using the official office of financial management population estimates, five years after its initial formation and, at minimum, in the year following each official federal census. The board membership may be reduced, maintained, or expanded to reflect population changes but under no circumstances may the board membership exceed twenty-five.
     (2) Major decisions of the authority shall require a favorable vote of two-thirds of the entire membership of the voting members. "Major decisions" include at least the following: System plan adoption and amendment; system phasing decisions; annual budget adoption; authorization of annexations; modification of board composition; and executive director employment.
     (3) Each member of the board is eligible to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and to receive compensation as provided in RCW 43.03.250.))
     (1) A regional transit authority must be governed by a board consisting of five board members, each representing an approximately equal population. The board member districts must be drawn into five districts numbered one through five. Only a registered voter who resides in a district may be a candidate for the board member of the district, and only registered voters of a district may vote for the board member candidate for that district.
     (2) Board members must be elected by ballot and must hold office for a term of four years and until a successor is elected and qualified. Terms of board members must be staggered, and when possible, not more than a majority of one must be elected to full terms at any regular election.
     (3) In case of a vacancy, a majority of the board must fill the vacancy by appointment within ninety days. An appointee to fill a vacancy must meet the requirements provided by law and must serve for the unexpired term, at which time a successor must be elected for the unexpired term. If the board is unable to fill the vacancy within ninety days, the governor must fill the vacancy by appointment subject to the requirements of this section.
     (4) Regular meetings of the board must be held monthly or more often at a time as determined by the board by resolution or as prescribed by the bylaws of the board. Special meetings may be held as circumstances may demand.
     (5) A majority of all members of the board constitutes a quorum. Absence of any board member from four consecutive regular meetings of the board, unless on account of sickness or authorized by resolution by the board, is sufficient cause for the remaining members of the board to declare by resolution that the board member position is vacated. Vacancies may also occur as provided in RCW 42.12.010.
     (6)(a) The commission must redistrict the regional transit authority districts no later than eight months after any of the following:
     (i) The receipt of federal decennial census data from the redistricting commission established in RCW 44.05.030; or
     (ii) The transfer of territory to or from the regional transit authority.
     (b) Any change to a district boundary must be submitted to the auditor of the county where the boundary change is located within thirty days of approval of the boundary change by the commission.
     (7) Each member of the board is eligible to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and to receive compensation as provided in RCW 43.03.250.
     (8) Within one hundred twenty days of the effective date of this section, the commission must:
     (a) Divide and number the regional transit authority into five districts; and
     (b) Schedule an election of the board at the next general municipal election if one is to be held more than ninety days but not more than one hundred eighty days, or otherwise at a special election to be held for that purpose in accordance with law, which must be preceded by a primary election pursuant to law.
     (9) The initial terms of office for those elected at a first election of all board members must be as follows: (a) A simple majority of the persons who are elected receiving the greatest number of votes must be elected to four-year terms of office if the election is held in an even-numbered year, or three-year terms of office if the election is held in an even-numbered year; and (b) the other persons who are elected as board members must be elected to two-year terms of office if the election is held in an odd-numbered year, or one-year terms of office if the election is held in an even-numbered year. The newly elected board members must take office immediately when they are elected and qualified, but the length of their terms of office is calculated from the first day of January in the year following the election. Thereafter, each person elected as a board member must be elected to a four-year term of office. Each board member must serve until a successor is elected and qualified and assumes office. Upon the election and qualification of a new board, the first board created under this section is terminated.