AN ACT Relating to port commissioners in port districts in class AA and class A counties; and amending RCW 53.12.220 and 53.12.260.

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

Sec. 1. Section 2, chapter 113, Laws of 1925 ex. sess. as last amended by section 35, chapter 126, Laws of 1979 ex. sess. and RCW 53.12.220 are each amended to read as follows:

(1) In every port district covering an entire county in a class AA or A county, the port commissioners shall be elected to staggered four-year terms. The commissioner positions shall be numbered consecutively, and candidates shall run for specific positions.

Port commissioners who are holding office as of the effective date of this act shall retain their position for the remainder of their terms until their successors are elected and qualified, and assume office in accordance with RCW 29.04.170. Their successors shall be elected to four-year terms of office.

The board of port commissioners shall have staggered terms of office so that at every other district general election two or three commissioners are elected. Such staggering will be accomplished at the first district general election occurring after the effective date of this act where two positions will be filled and another two positions will be filled at a district general election in four years. At that election, the winning candidate who receives the largest number of votes shall be elected to a four-year term of office, and the other winning candidate shall be elected to a two-year term of office.

(2) In every ((~~such~~)) other port district the term of office of each port commissioner shall be six years and until his or her successor is elected and qualified, and one port commissioner shall be elected at the time of the general election in each odd-numbered year for the term of six years beginning in accordance with RCW 29.04.170: PROVIDED, That the terms of office of the port commissioners shall be staggered in any such district hereafter organized as follows: ((~~(1)~~)) (a) The candidate residing in the first commissioner's district receiving the highest number of votes in the port district at the election organizing the district shall hold office until a successor assumes office who is elected from the election held in the sixth year after the organizational election, if such organizational election was held in an odd-numbered year, or from the election held in the fifth year after the organizational election if such organizational election was held in an even-numbered year; ((~~(2)~~)) (b) the candidate residing in the second commissioner district receiving the highest number of votes in the port district at such organizational election shall hold office ((~~[until]~~)) until a successor assumes office who is elected from the election held in the fourth year after the organizational election, if such organizational election was held in an odd-numbered year, or from the election held in the third year after the organizational election if such organizational election was held in an even-numbered year; and ((~~(3)~~)) (c) the candidate residing in the third commissioner district receiving the highest number of votes in the port district at such organizational election shall hold office until a successor assumes office who is elected from the election held in the second year after the organizational election, if such organizational election was held in an odd-numbered year, or from the election held in the first year after the organizational election if such organizational election was held in an even-numbered year.

Sec. 2. Section 1, chapter 187, Laws of 1975 1st ex. sess. as amended by section 3, chapter 330, Laws of 1985 and RCW 53.12.260 are each amended to read as follows:

(1) Each commissioner of a port district covering an entire county in a class AA or A county shall receive a salary equal to ninety percent of the amount received by members of the legislature of this state and such commissioners shall also receive a per diem of fifty dollars per day, or portion thereof.

(2) Each commissioner of a port district other than a port district covering an entire county in a class AA or A county, shall receive fifty dollars per day or portion thereof spent (a) in actual attendance at official meetings of the port district commission, or (b) in performance of other service in behalf of the district: PROVIDED, That no commissioner shall receive compensation to exceed five thousand eight hundred dollars for any calendar year: PROVIDED FURTHER, That no commissioner of a port district shall receive compensation to exceed four thousand eight hundred dollars for any calendar year if the port district had gross operating income of less than twenty-five million dollars in the preceding calendar year.

For any commissioner who has not elected to become a member of public employees retirement system before May 1, 1975, the compensation provided pursuant to this section shall not be considered salary for purposes of the provisions of any retirement system created pursuant to the general laws of this state nor shall attendance at such meetings or other service on behalf of the district constitute service as defined in RCW 41.40.010(9): PROVIDED, That in the case of a port district when commissioners are receiving compensation and contributing to the public employees retirement system, these benefits shall continue in full force and effect notwithstanding the provisions of RCW 53.12.260 and 53.12.265.