AN ACT Relating to metropolitan municipal corporations; amending RCW 35.58.160, 35.58.040, and 36.56.040; adding new sections to chapter 35.58 RCW; creating new sections; repealing RCW 35.58.120, 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 and restructure the composition of metropolitan municipal councils and to establish procedures by which resolutions adopted by metropolitan councils may be subject to a referendum.

NEW SECTION. Sec. 2. A metropolitan municipal corporation shall be governed by a metropolitan council consisting of twenty-two members, twenty-one of whom are county and city officials acting in an ex officio and independent capacity and one who will act as chair. For any metropolitan municipal corporation that is authorized to perform the function of metropolitan water pollution abatement, one additional member shall be added who is a commissioner of a sewer district or water district that is operating a sewer system and is a component part of the metropolitan municipal corporation. Such member shall participate only in those council actions that relate to the performance or function of metropolitan water pollution abatement.

(1) Subject to the provisions of sections 3 and 4 of this act, the twenty-one ex officio members shall be drawn from among the central county, central city, and other component cities as follows:

(a) Ex officio members from the central county shall consist of the executive of the county, if one exists, and those members of the county legislative authority who are elected from the county legislative authority districts located wholly within the metropolitan municipal corporation. The members of the county legislative authority shall select which of their members shall serve on the metropolitan council. In making their selection, due consideration shall be given to the number of persons residing in the unincorporated portion of the members' county legislative authority districts. The county legislative authority of the central county shall select the officials on or before the first day of February of each year to serve for the succeeding calendar year.

(b) Ex officio members from the central city shall consist of the mayor and the remainder shall be members of the central city council who are selected for service on the metropolitan council by the council of the central city on or before February 1 of each year to serve for the succeeding calendar year.

(c) Ex officio members from the other component cities shall consist of a mayor or city council member from the component cities with the largest population, and one member who shall be selected from among the mayors of smaller component cities meeting at a time and place prior to July 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.

(2) The chair of the council shall be selected by the other members of the council. The chair shall not hold any other public office of, be an employee of, or have a contract relationship with, any component city, component county, or component water or sewer district of the metropolitan municipal corporation.

(3) If required under this section, an ex officio member from the sewer and water districts shall be chosen by the commissioners of all such sewer districts and water districts which are component parts of the metropolitan municipal corporation. The commissioners shall meet on the second Tuesday of June of each even-numbered year at seven o'clock p.m. at the office of the board of county commissioners of the central county. After election of a chair, nominations shall be made to select the member to serve on the metropolitan council and successive ballots shall be taken until one candidate receives a majority of all votes cast.

NEW SECTION. Sec. 3. The metropolitan council of a metropolitan municipal corporation existing on the effective date of this section 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 select a chair as provided for in RCW 35.58.130. The newly constituted metropolitan council shall be as follows:

(1) The twenty-one ex officio members shall include seven elected officials from the central county, seven elected officials from the central city, and seven elected officials from the other component cities. Any initial selections of such officials that are required shall be made on or before December 15, 1989.

(2) The initial selection of a representative of the sewer districts and water districts shall be made on or before December 15, 1989, as provided for in section 2 of this act. This member shall serve on the metropolitan municipal corporation until June 30, 1990, on or before which time the sewer district and water district commissioners will meet again to select a representative to serve a full term as provided for in section 2 of this act.

NEW SECTION. Sec. 4. The metropolitan council shall provide for a redistribution of the twenty-one ex officio member positions among the central county, central city, and other component cities, on the basis of relative proportion of the total population of the metropolitan municipal corporation that each of three represented groups possesses, on a date specified by the metropolitan council, within six months after:

(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 a 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 metropolitan municipal corporation shall be ascribed to the central county for purposes of this potential adjustment.

After any such redistribution of the number of ex officio positions between the central county, central city, and other component cities, the elected officials who become ex officio members of the metropolitan council shall be selected as provided in section 2 of this act.

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 chapter.

NEW SECTION. Sec. 5. 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. 6. The ex officio members of the metropolitan council of a newly created metropolitan municipal corporation shall be selected within twenty-five days after the date of the election at which the favorable vote was cast authorizing the creation of the metropolitan municipal corporation.

Sec. 7. Section 35.58.160, chapter 7, Laws of 1965 as last amended by section 1, chapter 330, Laws of 1985 and RCW 35.58.160 are each amended to read as follows:

The ((~~chairman~~)) chairperson and committee ((~~chairmen~~)) chairpersons of the metropolitan council except elected public officials serving on a full-time salaried basis may receive such compensation as the other members of the metropolitan council shall provide. Members of the council other than the ((~~chairman~~)) chairperson and committee ((~~chairmen~~)) chairpersons shall receive compensation of fifty dollars per day or portion thereof for attendance at metropolitan council or committee meetings, or for performing other services on behalf of the metropolitan municipal corporation, but not exceeding a total of ((~~four~~)) seven thousand ((~~eight hundred~~)) dollars in any year, in addition to any compensation which they may receive as officers of component cities or counties: PROVIDED, That elected public officers serving in such capacities on a full-time basis shall not receive compensation for attendance at metropolitan, council, or committee meetings, or otherwise performing services on behalf of the metropolitan municipal corporation, but that the county or city government for which these council members are elected officials shall receive the per diem compensation that would be paid to these officials if they did not serve the county or city on a full-time basis: PROVIDED FURTHER, That committee ((~~chairmen~~)) chairpersons shall not receive compensation in any one year greater than one-third of the compensation authorized for the county commissioners or county ((~~councilmen~~)) councilpersons of the central county.

Any member of the council may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the council as provided in this section. The waiver, to be effective, must be filed any time after the member's selection and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

All members of the council shall be reimbursed for expenses actually incurred by them in the conduct of official business for the metropolitan municipal corporation.

Sec. 8. 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 2 of this 1989 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~~)) sections 3 and 4 of this 1989 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.

NEW SECTION. Sec. 9. Except as provided in this section, a resolution adopted by the metropolitan council may be subject to a referendum by the voters of the metropolitan area. Such a referendum shall be held when petitions are filed with the clerk of the metropolitan council bearing signatures of registered voters of the metropolitan area equal to or exceeding eight percent of the votes cast in the metropolitan area for the office of governor in the last preceding gubernatorial election, provided that the petition and signatures are filed within forty-five days after the adoption of the resolution to be referred to the voters. Each petition shall contain the full text of the resolution to be referred. If the clerk determines that the requisite number of voters have signed the petition, the resolution to be referred shall be placed on the ballot at the next special or general election occurring more than forty-five days after the petitions are filed. If a resolution is subject to a referendum as determined by the clerk, it shall be suspended until after it is approved by the voters. If it is approved by a majority of the voters voting on the issue, the effective date of the resolution shall be ten days after the results of the election are certified, unless a later date is specified in the resolution.

The following shall not be subject to referendum: An appropriation or budget resolution; a resolution necessary for the immediate preservation of the public peace, health, or safety, or for the support of the metropolitan municipal government's authorized functions; a resolution setting rates, tolls, fares, or charges for services; a resolution providing for collective bargaining; a resolution approving a collective bargaining agreement; a resolution providing for the compensation or working conditions of metropolitan municipal employees; a resolution that has been approved by the voters by referendum or initiative; or a resolution exercising specific powers granted to the metropolitan council under RCW 35.58.350.

NEW SECTION. Sec. 10. Except as provided herein, resolutions may be proposed by filing with the clerk of the metropolitan council petitions bearing signatures of registered voters of the metropolitan area equal or exceeding eight percent of the votes cast in the metropolitan area for the office of governor in the last preceding gubernatorial election. Each petition shall contain the full text of the proposed resolution. The following shall not be subject to adoption by initiative: A resolution providing for the compensation or working conditions of metropolitan municipal employees; a resolution setting rates, tolls, fares, or charges for services; or a resolution exercising specific powers granted to the metropolitan council under RCW 35.58.350.

The metropolitan council shall consider the proposed resolution if the clerk determines that the requisite number of registered voters have signed the petitions. If the council does not adopt the proposed resolution within ninety days after the petitions are determined to be valid by the clerk, it shall be placed on the ballot at the next regular or special election occurring more than one hundred thirty-five days after the petitions are filed, or at an earlier election designated by the metropolitan council. If the proposed resolution is adopted at any time before the election, it shall not be placed on the ballot or be voted on unless it becomes subject to referendum.

If the metropolitan council rejects the proposed resolution and adopts a substitute resolution concerning the same subject matter, the substitute resolution shall be placed on the same ballot with the proposed resolution. The voters shall first be given the choice of accepting either or rejecting both, and shall then be given the choice of accepting one and rejecting the other. If a majority of the voters voting on the first issue is for accepting either, then the resolution receiving the majority of votes cast on the second issue shall be deemed approved. If a majority of those voting on the first issue is for rejecting both, then neither resolution shall be approved regardless of the vote on the second issue.

NEW SECTION. Sec. 11. The metropolitan council shall establish by resolution the form to be used for referendum and initiative petitions. All referendum and initiative petitions shall be sponsored by an individual or committee of individuals which shall secure the approval of the clerk of the metropolitan council as to the form of the proposed petitions before circulating them. Within five days after the form of the proposed petitions is submitted to the clerk, the clerk shall return it to the sponsor with an indication of approval or with a detailed written explanation of objections to the form.

NEW SECTION. Sec. 12. The metropolitan council may refer any resolution subject to referendum to the voters for their approval or rejection. In submitting a question to the voters for their approval or rejection, the metropolitan council shall adopt a resolution declaring its intention to submit the resolution to the qualified voters residing within the boundaries of the metropolitan municipal corporation. The resolution and notice of the election shall be published in one or more newspapers of general circulation in each component county in the manner provided in the general election laws. The resolution shall be placed on the ballot at the next regular or special election occurring more than one hundred thirty-five days after adoption of the resolution declaring intention to refer the question to the voters.

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 2 through 6 of this 1989 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 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;

(2) 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

(3) 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 2 through 6 of this act are each added to chapter 35.58 RCW.

NEW SECTION. Sec. 16. 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.