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, and 35.58.160; 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 provide for the election of metropolitan council members.

NEW SECTION. Sec. 2. A metropolitan municipal corporation shall be governed by a metropolitan council consisting of a person appointed as chair of the metropolitan council, as provided in this section, and a number of elected council members equal in number to the lesser of eighteen or two times the number of members on the county legislative authority of the central county.

The chair of the council shall be appointed by the other members of the council. The chair shall not hold any other public office, or be an employee of or have a contractual relationship with any city, county, water district, or sewer district, or the metropolitan municipal corporation. The chair shall be appointed annually at the first meeting of the metropolitan council in each year, but shall serve at the pleasure of the metropolitan council and can be removed at any time during the year.

NEW SECTION. Sec. 3. Two council members shall reside in, be nominated from, and be elected from each metropolitan council district. The metropolitan council districts shall be identical with the county legislative authority districts of the central county if the boundaries of the metropolitan municipal corporation are coterminous with the boundaries of the central county and the central county has nine or fewer county legislative authority districts.

If these conditions do not exist, metropolitan council districts shall be drawn so that two metropolitan council members shall reside in, be nominated from, and be elected from each of the metropolitan council districts. The initial metropolitan council districts shall be drawn by the county legislative authority of the central county, but subsequently shall be drawn by the metropolitan council within six months of the date whenever state redistricting data is released to the state. Metropolitan council districts, as nearly as possible, shall follow precinct lines, follow neighborhood and community boundaries, and include approximately equal populations.

NEW SECTION. Sec. 4. The elected members of a metropolitan council shall be elected in general elections held in odd-numbered years for staggered four-year terms until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. The two metropolitan council members from each metropolitan council district shall be elected in the same year.

NEW SECTION. Sec. 5. The chair of the county legislative authority of the central county shall select by lot a simple majority of the metropolitan council districts from which the initial metropolitan council members are elected with terms that are two years longer than the initial council members who are elected from the remaining metropolitan council districts. If the initial elected metropolitan council members were elected in an odd-numbered year, those initial elected members who are elected from districts with the designated longer initial terms shall be elected for four-year terms, and the others shall be elected to two-year terms, with the length of the term being calculated from the first day of January in the year following the election. If the initial elected metropolitan council members were elected in an even-numbered year, those initial elected members who are elected from districts with the designated longer initial terms shall be elected for three-year terms, and the others shall be elected to one-year terms, with the length of the term being calculated from the first day of January in the year following the election.

However, the terms of metropolitan council members shall be staggered to be identical with those of the members of the county legislative authority who are elected from the same districts if the county legislative authority districts of the central county are used to elect metropolitan council members, and members of the county legislative authority are elected for four-year terms in odd-numbered years.

The first order of business of the newly elected metropolitan council shall be to appoint a chair as provided for in section 2 of this act.

NEW SECTION. Sec. 6. The members of the metropolitan council of a newly created metropolitan municipal corporation shall be elected at the next general election occurring ninety or more days after the date of the election at which the favorable vote was cast authorizing the creation of the metropolitan municipal corporation. A primary election shall be held to nominate two candidates for each elected metropolitan council position unless the election to authorize the creation of the metropolitan municipal corporation was held on the September special election date, in which case no primary election shall be held.

NEW SECTION. Sec. 7. The metropolitan council of a metropolitan municipal corporation existing on the effective date of this act shall retain its existing composition until January 1, 1990, at which time the newly constituted metropolitan council shall assume control over the metropolitan municipal corporation. The first order of business of the newly constituted metropolitan council shall be to appoint a chair as provided for in section 2 of this act.

Two candidates for each elective position shall be nominated at the 1989 primary election, and a person shall be elected to each of the elective positions at the 1989 general election, who shall assume office in accordance with RCW 29.04.170. The terms of office of the elected members shall be staggered as provided in section 5 of this act. If county legislative authority districts of the central county are not used to elect metropolitan council members, the county legislative authority of the central county shall establish the metropolitan council districts prior to July 1, 1989.

NEW SECTION. Sec. 8. The metropolitan council shall appoint an eligible person to fill a vacancy in an elective metropolitan council position. The appointee shall serve until a successor is elected and qualified at the next general election occurring sixty or more days after the vacancy has occurred. The person who is elected at that election shall take office immediately after he or she is qualified and shall serve the remainder of the unexpired term. However, if at this next district general election an election would have otherwise been held to elect a person to the position in which a vacancy has occurred, a separate election shall not be held to elect a person to fill the vacancy during the remainder of the unexpired term. The person who is elected at this election for this position shall take office immediately upon being qualified and shall serve for both the remainder of the unexpired term in addition to the full term to which he or she is elected.

NEW SECTION. Sec. 9. Each member of a metropolitan 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, or 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 a total of seven thousand dollars in any one year.

Additionally, each member of a metropolitan council shall receive a salary equal to the maximum salary paid to a member of the Washington state legislature.

Council members shall be reimbursed for reasonable expenses actually incurred in the conduct of official business for the metropolitan municipal corporation.

Sec. 10. 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. 11. 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 2 through 6 of this 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. 12. 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; and

(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.

NEW SECTION. Sec. 13. Sections 2 through 9 of this act are each added to chapter 35.58 RCW.

NEW SECTION. Sec. 14. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.