AN ACT Relating to metropolitan municipal corporations; amending RCW 35.58.040 and 36.56.040; adding new sections to chapter 35.58 RCW; creating new sections; repealing RCW 35.58.118, 35.58.120, 35.58.130, 35.58.140, 35.58.150, 35.58.160, and 35.58.270; and declaring an emergency.

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

NEW SECTION. Sec. 1. The purpose of this act is to reduce the size of metropolitan councils and restructure the composition of metropolitan municipal councils to more closely approximate the concept of "one person, one vote."

NEW SECTION. Sec. 2. The metropolitan council of every metropolitan municipal corporation that has been authorized to perform two or more functions shall study the requirements for membership on the council and requirements for establishing districts from which directly elected members of the council are elected, and report to the legislature on any proposals it has to amend the laws. Public hearings on this issue shall be held by the council as part of its study effort. This report shall be made on or before December 1, 1988.

NEW SECTION. Sec. 3. A metropolitan municipal corporation shall be governed by a metropolitan council consisting of twenty-one members, nine of whom are elected directly to the council and twelve of whom are county and city elected officials acting in an ex officio and independent capacity.

The twelve ex officio members in any metropolitan municipal corporation existing at the effective date of this section shall be as follows until altered as provided in section 4 of this act:

(1) Five members shall be county elected officials, one of whom is the county executive of the central county, if an elected county executive exists, and the remainder shall be the four members of the county legislative authority who are elected from the four county legislative authority districts within which the greatest number of unincorporated area residents reside, but if more than four county legislative authority districts do not exist in the county the four shall be selected by the county legislative authority of the central county.

(2) Four members shall be elected officials of the central city, one of whom is the mayor, and the others being selected by the central city council of the central city.

(3) Three members shall be elected officials of other component cities, one of whom shall be the mayor of the city of these other component cities with the largest population, and the other two shall represent all these other component cities and be selected by the mayors of such cities meeting at a time and place prior to February 1 of each even-numbered year, as designated by the metropolitan council. The chair of the council shall preside. After nominations are made, successive ballots shall be taken until one candidate for each position receives a majority of all votes cast.

NEW SECTION. Sec. 4. The metropolitan council shall provide for a redistribution of the twelve ex officio member positions among the central county, central city, and other component cities, on the basis of relative proportion of the total county population that each of the three represented groups possesses, within six months of: (1) The date when state redistricting data is released to the state; (2) five years after the date when state redistricting data is released to the state; and (3) whenever the proportionate population ascribed to the central county, central city, or other component cities is altered by ten percent or greater amount due to incorporations or annexations occurring after the last date under subsection (1) or (2) of this section when the adjustment was subject to potential adjustment. The population of the unincorporated area of the central county shall be ascribed to the central county for purposes of this potential adjustment.

A metropolitan municipal corporation created after the effective date of this section shall have the ex officio members distributed among the central county, central city, and other component cities as provided in this section.

NEW SECTION. Sec. 5. Each directly elected council member shall reside in, be nominated from, and be elected from a separate county legislative authority district if the boundaries of the metropolitan municipal corporation are coterminous with the boundaries of the central county and the central county has nine county legislative authority districts.

The metropolitan council shall establish nine council districts if these conditions do not exist, which council districts, as nearly as possible, shall follow precinct lines, follow neighborhood and community boundaries, and include approximately equal populations. A metropolitan council shall redraw these council district lines to reflect the concept of "one person, one vote" within six months of the date whenever state redistricting data is released to the state.

NEW SECTION. Sec. 6. The five initial directly elected council members receiving the greatest number of votes shall serve terms of four years and the other four initial directly elected council members shall serve terms of two years until their successors are elected and qualified and assume office in accordance with RCW 29.04.170, if the election at which they are elected is in an odd-numbered year.

The five initial directly elected council members receiving the greatest number of votes shall serve terms of three years and the other four initial directly elected council members shall serve terms of one year until their successors are elected and qualified and assume office in accordance with RCW 29.04.170, if the election at which they are elected is in an even-numbered year.

Thereafter, each directly elected member of a metropolitan council shall serve a four-year term until his or her successor is elected and qualified and assumes office in accordance with RCW 29.04.170. Elections shall be held in odd-numbered years and shall be held in conformance with the provisions of Title 29 RCW.

A vacancy in a directly elected position shall be filled by action of the metropolitan council selecting a person qualified to hold the position until a person is elected to fill the remainder of the unexpired term at the next district general election, as provided in RCW 29.21.360, 29.21.370, and 29.21.410. The person so elected shall take office immediately when qualified as defined in RCW 29.01.135.

NEW SECTION. Sec. 7. A vacancy in an ex officio position on a metropolitan council shall be filled in the same manner as provided for the original selection.

NEW SECTION. Sec. 8. The chair of a metropolitan council shall be elected by membership of the council from among the directly elected members, to serve at the pleasure of the metropolitan council.

NEW SECTION. Sec. 9. Each member of the council shall receive per diem compensation at a rate of fifty dollars per day for each day or major portion thereof devoted to the business of the metropolitan municipal corporation, and for attending each meeting of the council or a subcommittee of the council, unless the council reduces the per diem rate of compensation, but not to exceed seven thousand dollars in any one year.

Each member of the council additionally shall receive a salary as follows: (1) Five hundred dollars per month, unless the council reduces the amount of salary, if the metropolitan municipal corporation had expenditures in excess of fifteen million dollars in the preceding calendar year; and (2) three hundred fifty dollars per month, unless the council reduces the amount of salary, if the metropolitan municipal corporation had expenditures of from two million dollars to fifteen million dollars in the preceding calendar year. The council of a metropolitan municipal corporation that had expenditures of less than two million dollars in the preceding calendar year shall not receive a salary, unless the council establishes a salary of not to exceed two hundred dollars per month.

The salary and per diem compensation for metropolitan council members who are also county or city elected officials who serve in such city or county capacities on a full-time basis shall not receive the salary or per diem compensation, but the county or city government for which they are elected officials shall receive this salary and per diem compensation.

Any member of the council may waive all or any portion of his or her salary or per diem compensation as to any month or months during his or her term as a metropolitan council member, by a written waiver filed with the metropolitan municipal corporation as provided in this section. The waiver, to become effective, must be filed any time prior to the date on which the remuneration otherwise would be paid. The waiver shall specify the month or period of months for which it is made.

Each council member shall be reimbursed for reasonable expenses actually incurred in the conduct of official business for the metropolitan municipal corporation.

NEW SECTION. Sec. 10. The ex officio members of a metropolitan council shall be the governing body of a newly created metropolitan municipal corporation until the directly elected members are elected. The first order of business of a metropolitan council, that does not include its directly elected members, shall be to choose a temporary chair from among their number and provide for the election of the directly elected members, which may include creating nine districts within the metropolitan municipal corporation from which the directly elected members will be elected. The directly elected members shall be elected at the next general election occurring after the metropolitan municipal corporation has been created.

NEW SECTION. Sec. 11. The metropolitan council of a metropolitan municipal corporation existing as of the effective date of this section shall retain its existing composition until the directly elected members are elected at the November 1988, general election and assume office.

Sec. 12. Section 35.58.040, chapter 7, Laws of 1965 as last amended by section 3, chapter 303, Laws of 1971 ex. sess. and RCW 35.58.040 are each amended to read as follows:

At the time of its formation no metropolitan municipal corporation shall include only a part of any city, and every city shall be either wholly included or wholly excluded from the boundaries of such corporation. If subsequent to the formation of a metropolitan municipal corporation a part only of any city shall be included within the boundaries of a metropolitan municipal corporation such part shall be deemed to be "unincorporated" for the purpose of selecting a member of the metropolitan council pursuant to ((~~RCW 35.58.120(3)~~)) section 4 of this 1988 act and such city shall neither select nor participate in the selection of a member on the metropolitan council pursuant to ((~~RCW 35.58.120~~)) section 3 of this 1988 act.

Any metropolitan municipal corporation now existing or hereafter created, within a class A county contiguous to a class AA county or class AA county, shall, upon May 21, 1971 as to metropolitan corporations existing on such date or upon the date of formation as to metropolitan corporations formed after May 21, 1971, have the same boundaries as those of the respective central county of such metropolitan corporation: PROVIDED, That the boundaries of such metropolitan corporation may be enlarged after such date by annexation as provided in chapter 35.58 RCW as now or hereafter amended. Any contiguous metropolitan municipal corporations may be consolidated into a single metropolitan municipal corporation upon such terms, for the purpose of performing such metropolitan function or functions, and to be effective at such time as may be approved by resolutions of the respective metropolitan councils. In the event of such consolidation the component city with the largest population shall be the central city of such consolidated metropolitan municipal corporation and the component county with the largest population shall be the central county of such consolidated metropolitan municipal corporation.

Sec. 13. Section 4, chapter 277, Laws of 1977 ex. sess. and RCW 36.56.040 are each amended to read as follows:

If, from the testimony given before the county legislative authority, it appears that the public interest or welfare would be satisfied by the county assuming the rights, powers, functions, and obligations of the metropolitan municipal corporation, the county legislative authority may declare that to be its intent and assume such rights, powers, functions, and obligations by ordinance or resolution, as the case may be, providing that the county shall be vested with every right, power, function, and obligation currently granted to or possessed by the metropolitan municipal corporation pursuant to chapter 35.58 RCW (including RCW 35.58.273 relating to levy and use of the motor vehicle excise tax) or other provision of state law, including but not limited to, the power and authority to levy a sales and use tax pursuant to chapter 82.14 RCW or other provision of law: PROVIDED, That such ordinance or resolution shall be submitted to the voters of the county for their adoption and ratification or rejection, and if a majority of the persons voting on the proposition residing within the central city shall vote in favor thereof and a majority of the persons voting on the proposition residing in the metropolitan area outside of the central city shall vote in favor thereof, the ordinance or resolution shall be deemed adopted and ratified.

Upon assumption of the rights, powers, functions, and obligations of the metropolitan municipal corporation by the county, the metropolitan council established pursuant to ((~~the provisions of RCW 35.58.120 through 35.58.160~~)) sections 3 through 6 of this 1988 act shall be abolished, said provisions shall be inapplicable to the county, and the county legislative authority shall thereafter be vested with all rights, powers, duties, and obligations otherwise vested by law in the metropolitan council: PROVIDED, That in any county with a home rule charter such rights, powers, functions, and obligations shall vest in accordance with the executive and legislative responsibilities defined in such charter.

NEW SECTION. Sec. 14. The following acts or parts of acts are each repealed:

(1) Section 10, chapter 105, Laws of 1967, section 4, chapter 303, Laws of 1971 ex. sess. and RCW 35.58.118;

(2) Section 35.58.120, chapter 7, Laws of 1965, section 3, chapter 105, Laws of 1967, section 1, chapter 135, Laws of 1969 ex. sess., section 5, chapter 303, Laws of 1971 ex. sess., section 5, chapter 70, Laws of 1974 ex. sess., section 3, chapter 190, Laws of 1981, section 1, chapter 92, Laws of 1983 and RCW 35.58.120;

(3) Section 35.58.130, chapter 7, Laws of 1965 and RCW 35.58.130;

(4) Section 35.58.140, chapter 7, Laws of 1965, section 4, chapter 105, Laws of 1967, section 2, chapter 135, Laws of 1969 ex. sess., section 6, chapter 303, Laws of 1971 ex. sess. and RCW 35.58.140;

(5) Section 35.58.150, chapter 7, Laws of 1965, section 5, chapter 105, Laws of 1967, section 1, chapter 44, Laws of 1984 and RCW 35.58.150;

(6) Section 35.58.160, chapter 7, Laws of 1965, section 2, chapter 84, Laws of 1974 ex. sess., section 1, chapter 330, Laws of 1985 and RCW 35.58.160; and

(7) Section 35.58.270, chapter 7, Laws of 1965, section 12, chapter 105, Laws of 1967 and RCW 35.58.270.

NEW SECTION. Sec. 15. Sections 3 through 11 of this act are added to chapter 35.58 RCW.

NEW SECTION. Sec. 16. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.