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 a new section; 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. 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 3 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 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. 3. Distribution of the twelve ex officio member positions among the central county, central city, and other component cities shall be subject to potential adjustment whenever a federal census is released formally, and five years after the formal release of each federal census. The population of the unincorporated area of the central county shall be ascribed to the central county for purposes of this potential adjustment. Adjustments shall be made on the basis of relative proportion of the total county population that each of the three represented groups possesses.

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. 4. 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 after each federal census is formally released.

NEW SECTION. Sec. 5. 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. 6. 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. 7. 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. 8. Compensation for members of a metropolitan council shall be as follows: _____.

NEW SECTION. Sec. 9. 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. 10. 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. 11. 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)~~)) .......... and such city shall neither select nor participate in the selection of a member on the metropolitan council pursuant to ((~~RCW 35.58.120~~)) .......... .

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. 12. 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~~)) .......... 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. 13. 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. 14. Sections 2 through 10 of this act are added to chapter 35.58 RCW.

NEW SECTION. Sec. 15. 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.