AN ACT Relating to metropolitan municipal corporations; amending RCW 35.58.040, 35.58.100, and 36.56.040; adding new sections to chapter 35.58 RCW; adding a new section to chapter 36.56 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 providing an effective date.

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." Further, it is the purpose of this act to provide a process by which the voters of a metropolitan municipal corporation may alter the size and make-up of the metropolitan council to suit local needs.

NEW SECTION. Sec. 2. (1) A metropolitan municipal corporation shall be governed by an eighteen-member metropolitan council, six of whom are elected directly to the council and twelve of whom are county and city elected officials acting in an ex officio capacity.

(2) The six directly elected members shall be elected to four-year staggered terms, with two members residing in, being nominated from, and being elected from each of three metropolitan council districts in odd-year elections, as provided in section 4 of this act. The metropolitan council districts shall be established as provided in section 5 of this act. Elections shall be held in conformance with the provisions of Title 29 RCW.

(3) The distribution of the twelve ex officio members between elected officials of the central county, central city, and other component cities shall be determined as provided in section 3 of this act, and shall be subject to the following:

(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 within which the greatest number of unincorporated area residents reside. If such districts do not exist, 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 a one-year term commencing on the second day of February in that year. If one or more of the ex officio central county positions remains unfilled after all the members of the county legislative authority have been selected to such positions, the county legislative authority shall select other county elected officials for the remaining ex officio members from the central county on or before the first day of February of each year to serve for a one-year term commencing on the second day of February in that 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 by the council of the central city on or before the first day of February of each year to serve for a one-year term commencing on the second day of February of that year.

(c) Ex officio members from the other component cities shall consist of the mayor of the other component city with the largest population, and the remainder shall be elected city officials from these other component cities selected by all the mayors of these other component cities meeting at a time and place prior to February 1 of each even-numbered year, as designated by the metropolitan council, to serve for a one-year term commencing on the second day of February of that year. The chair of the metropolitan council shall preside at this meeting. 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. (1) The twelve ex officio metropolitan council members shall be distributed among elected officials of the central county, central city, and the other component cities, on the basis of the relative proportion of the total population of the metropolitan municipal corporation that each of these three represented groups possesses, with the population of the unincorporated area of the metropolitan municipal corporation being ascribed to the central county for such purposes. Population figures shall be determined by the most recent population figures provided by the federal decennial census, population estimate by the office of financial management, or special census certified by the office of financial management.

(2) The twelve ex officio member positions shall be redistributed among the central county, central city, and other component cities, as provided under subsection (1) of this section on a date specified by the metropolitan council, within six months after: (a) The date when state redistricting data is released to the state; (b) five years after the date when state redistricting data is released to the state; and (c) whenever the proportionate population ascribed to the central county, central city, or other component cities is altered by a ten percent or greater amount after the last date under (a) or (b) of this subsection when the proportionate distribution of ex officio members was subject to potential adjustment.

After any 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 designated, or selected, as provided in section 2(3) of this act.

NEW SECTION. Sec. 4. Each metropolitan council district shall have two separately identified, directly elected positions, which shall be numbered as position one and position two. Candidates for directly elected metropolitan council positions shall run for a specific position.

The staggering of terms of office of the directly elected metropolitan council members shall be accomplished with the election of the initial directly elected council members so that, of the two council members from each council district, the newly elected council member who receives the greatest number of votes shall be elected to a four-year term of office and the other newly elected council member shall be elected to a two-year term of office, if the election were held in an odd-numbered year, or the newly elected council member who receives the greatest number of votes shall be elected to a three-year term of office and the other newly elected council member shall be elected to a one-year term of office, if the election were held in an even-numbered year, until a successor is elected and qualified in accordance with RCW 29.04.170. The length of these terms shall be calculated from the first day of January in the year following the election. The initial directly elected council members shall take office immediately after they are qualified as defined in RCW 29.01.135.

Thereafter, each directly elected member of a metropolitan council shall be elected to a four-year term of office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.

NEW SECTION. Sec. 5. If the metropolitan municipal corporation is coterminous with the central county, and the central county has three county legislative authority districts, the county legislative authority districts shall be used as the metropolitan council districts. If the metropolitan municipal corporation is coterminous with a central county, and the central county has nine county legislative authority districts, the county legislative authority of the central county shall establish the metropolitan council districts by designating three sets of three adjacently located county legislative authority districts as the metropolitan council districts. The metropolitan council shall establish three metropolitan council districts in all other instances. The metropolitan council districts shall be subject to chapter 29.70 RCW.

NEW SECTION. Sec. 6. The ex officio members of a metropolitan council shall be the governing body of a newly created metropolitan municipal corporation until the initial directly elected members are elected and take office in accordance with section 4 of this act. The ex officio members of the metropolitan council of a newly created metropolitan municipal corporation shall be selected, or designated, 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. The first orders 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 three districts within the metropolitan municipal corporation from which the directly elected members will be elected. The initial directly elected members shall be elected at the next general election occurring at least ninety days after the metropolitan municipal corporation has been created.

NEW SECTION. Sec. 7. 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 newly constituted metropolitan council shall be as follows:

(1) Two candidates for each directly elected position shall be nominated at the 1989 primary election. Six directly elected members shall be elected at the 1989 general election and assume office in accordance with RCW 29.04.170. The metropolitan council districts shall be established pursuant to section 5 of this act.

(2) The twelve ex officio members shall include elected officials from the central county, elected officials from the central city, and elected officials from the other component cities, distributed among these three represented groups as provided under section 3 of this act, using the latest available population figures as of December 1, 1989. Any initial selections of such officials that are required shall be made on or before December 15, 1989.

NEW SECTION. Sec. 8. A vacancy in an ex officio position on a metropolitan council shall be filled in the same manner as provided for the original selection.

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. 9. (1) At least three of the directly elected members shall serve on each committee that is composed of five of more members. At least two of the directly elected members shall serve on each committee that is composed of four or fewer members.

(2) The chair of a metropolitan council shall be elected by membership of the council from among the six directly elected members, to serve at the pleasure of the metropolitan council. A directly elected member shall serve as the chair of each committee of the council that is created. However, the limitations contained in this subsection become effective on January 1, 1991, for any metropolitan municipal corporation in existence as of January 1, 1990.

NEW SECTION. Sec. 10. 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 for an ex officio member nor fourteen thousand dollars in any year for a directly elected member.

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 members 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.

Metropolitan council members who are also county or city elected officials who serve in such county or city capacities on a full-time basis shall not receive this salary nor per diem compensation. The county or city government for which these council members are elected officials shall receive the salary and per diem compensation that would be paid to these officials if they did not serve the county or city on a full-time basis.

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. 11. A nine-member temporary review board shall be elected in each metropolitan municipal corporation authorized to perform two or more functions at the general election held in 1990 to review the metropolitan municipal corporation and metropolitan council and possibly submit one or more ballot propositions to the voters of the metropolitan municipal corporation authorizing a modification of the metropolitan council, or adding an additional function or functions to those already authorized for the metropolitan municipal corporation to perform as provided under RCW 35.58.100.

Two voters of the metropolitan municipal corporation shall be nominated for each of the nine positions at the primary election held in 1990.

County legislative authority districts shall be used to the maximum extent possible for the nomination and election of the same number of board members from each district, if the metropolitan council is coterminous with a county and the county has county legislative authority districts, with the remainder, if any, being nominated and elected on an at-large basis. Otherwise, all the board members shall be nominated and elected on an at-large basis.

Another nine-member temporary review board shall be elected in each metropolitan municipal corporation authorized to perform two or more functions at the general election held in each subsequent year ending in a zero in the same manner as the temporary review board was elected in 1990.

This section shall not apply to a metropolitan municipal corporation that has had its rights, powers, functions, and obligations assumed by a county under chapter 36.56 RCW.

NEW SECTION. Sec. 12. The temporary review board shall meet initially at 1:30 p.m., on the second Monday in December, following election of the temporary review board members, at the normal meeting place of the metropolitan council. At least ten days prior to this meeting, the metropolitan municipal corporation shall mail written notice of the meeting to each board member, and to each newspaper of general circulation, and to each local radio and television station, that has on file with the metropolitan municipal council a written request under RCW 42.30.080 to be notified of this meeting or any special meeting of the metropolitan council. The board member who received the greatest number of votes shall preside at this meeting until any one of the board members is elected to chair the meetings of the temporary review board.

NEW SECTION. Sec. 13. The temporary review board shall meet periodically over the next five hundred sixty days and consider whether and how the metropolitan council should be modified. At any time during this period, the temporary review board may: (1) Make a finding that no modification should be made to the metropolitan council and that no additional function or functions should be authorized for the metropolitan municipal corporation, and disband itself; (2) develop and approve a proposed modification of the metropolitan council; (3) propose that an additional function or functions be authorized for the metropolitan municipal corporation as provided under RCW 35.58.100; or (4) propose in separate ballot propositions that the metropolitan council be modified and that the metropolitan municipal corporation be authorized to perform an additional function or functions. Any decision to disband, to approve a proposed modification of the metropolitan council, or to propose that an additional function or functions be authorized for the metropolitan municipal corporation, must be approved by at least five members of the temporary review board. However, all other actions must be approved by a simple majority vote of the members present at a regularly scheduled meeting. At least five members of the temporary review board must be present to transact business.

A proposed modification of the metropolitan council may change the number of persons on the metropolitan council, and the method or methods by which members of the metropolitan council are selected, which may include, but not be limited to, directly electing some or all of the metropolitan council members, providing for the appointment of some or all of the metropolitan council members, or designating some or all of the elected officials of any one or more of the component counties, component cities, or special districts to act in an ex officio capacity as the metropolitan council. A proposed modification shall include a procedure to select the new council members and designate when the modification shall be effective if approved by the voters.

NEW SECTION. Sec. 14. Any proposal to modify a metropolitan council shall be submitted to the voters of the metropolitan municipal corporation for their approval or rejection at a general election occurring either one year or two years after the election of the temporary review board members. A proposal submitted to the election occurring one year after the election of the temporary review board must be proposed by the temporary review board at least ninety days prior to that election. The ballot proposition to authorize an alteration of the metropolitan council shall be worded substantially as follows:

"Shall the metropolitan council of .......... (name the metropolitan municipal corporation) be modified as proposed by the temporary review board as follows .......... (describe the proposed modification)?

!tm1,1 !tc ... Yes!tc ... No"

!ixThe description of the proposed modification shall indicate any change in the number of council members, and how the council members shall be selected, in sixty or fewer words.

If the ballot proposition is approved by a simple majority vote of the voters of the metropolitan municipal corporation voting on the proposition, the metropolitan council shall be so modified with the council members being selected and modification being effective, as provided in the proposed modification approved by the temporary review board. If the ballot proposition is not approved, the metropolitan council shall remain as otherwise constituted under section 2 of this act.

NEW SECTION. Sec. 15. All expenses of the temporary review board, including notices of the initial meeting, shall be paid by the metropolitan municipal corporation, but not to exceed the greater of twenty thousand dollars or one-tenth of one percent of the total annual budget of the metropolitan municipal corporation in the year in which the members of the temporary review board were elected.

Sec. 16. 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)) members on the metropolitan council pursuant to ((~~RCW 35.58.120~~)) section 3 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.

Sec. 17. Section 35.58.100, chapter 7, Laws of 1965 as amended by section 2, chapter 105, Laws of 1967 and RCW 35.58.100 are each amended to read as follows:

A metropolitan municipal corporation may be authorized to perform one or more metropolitan functions in addition to those which it has previously been authorized to perform, with the approval of the voters at an election, in the manner provided in this section.

An election to authorize a metropolitan municipal corporation to perform one or more additional metropolitan functions may be called pursuant to a resolution or a petition in the following manner:

(1) A resolution calling for such an election may be adopted by:

(a) The city council of the central city; or

(b) The city councils of at least one-half in number of the component cities other than the central city; or

(2) A petition calling for such an election shall be signed by at least four percent of the registered voters residing within the metropolitan area and shall be filed with the auditor of the central county.

(3) Action by a temporary review board as provided under sections 11 through 15 of this 1989 act.

Any action by a temporary review board, resolution, or petition calling for such an election shall name the additional metropolitan functions which the metropolitan municipal corporation shall be authorized to perform.

Upon receipt of such a petition, the auditor shall examine the signatures thereon and certify to the sufficiency thereof. For the purpose of examining the signatures on such petition, the auditor shall be permitted access to all voter registration books of any component county and of all component cities. No person may withdraw his name from a petition after it has been filed with the auditor. Within thirty days following the receipt of such petition, the auditor shall transmit the same to the metropolitan council, together with his certificate as to the sufficiency of signatures thereon.

Upon receipt of a valid resolution or duly certified petition calling for an election on the authorization of the performance of one or more additional metropolitan functions, the metropolitan council shall cause to be called a special election to be held not more than one hundred and twenty days nor less than sixty days following such receipt. Such special election shall be conducted and canvassed as provided in this chapter for an election on the question of forming a metropolitan municipal corporation. The ballot proposition shall be in substantially the following form:

"Shall the .......... metropolitan municipal corporation be authorized to perform the additional metropolitan functions of .......... (here insert the title of each of the additional functions to be authorized as set forth in the petition or resolution)?

@bv!tp1,3,1!tlYES!w× !tr¨

!tlNO!w× !tr¨

!ae0!tj1!tl"

!te

!ixIf a majority of the persons voting on the proposition shall vote in favor thereof, the metropolitan municipal corporation shall be authorized to perform such additional metropolitan function or functions.

Sec. 18. 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 of a county that does not operate under a county charter adopted under the provisions of Article XI, section 4 of the state Constitution, 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 7 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. 19. A new section is added to chapter 36.56 RCW to read as follows:

A county operating under a county charter, adopted pursuant to the provisions of Article XI, section 4 of the state Constitution, may not assume the rights, powers, functions, and obligations of a metropolitan municipal corporation as provided under RCW 36.56.040.

However, voter approval of a charter amendment to a county charter, adopted under the provisions of Article XI, section 4 of the state Constitution, providing for the expansion of the county legislative authority by adding to the county legislative authority the six directly elected members of a metropolitan council of a metropolitan municipal corporation, that is coterminous with the county, shall be deemed to be approval by the voters of both the central city and the other voters of the metropolitan municipal corporation of an ordinance or resolution of the county legislative authority providing for the county to assume the rights, powers, functions, and obligations of the metropolitan municipal corporation. Upon approval of such a charter amendment, the assumption of the rights, powers, functions, and obligations of the metropolitan municipal corporation shall proceed as otherwise provided under chapter 36.56 RCW.

NEW SECTION. Sec. 20. 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. 21. Sections 2 through 15 of this act are added to chapter 35.58 RCW.

NEW SECTION. Sec. 22. Sections 1 through 6 and 8 through 21 of this act shall take effect January 1, 1990.