WSR 01-09-082

PROPOSED RULES

REDISTRICTING COMMISSION


[ Filed April 18, 2001, 9:54 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-05-102.

Title of Rule: The proposed revisions to chapter 417-01 WAC, Administrative procedures, will update the administrative procedures of the commission; and the proposed revisions to chapter 417-06 WAC, Third party submissions, will update the commission's rules governing the submission of third-party redistricting plans.

Purpose: To update and implement the commission's administrative and third party submission rules to ensure proper compliance with state law and to reflect procedural updates required to effectively execute commission responsibilities. With some exceptions, the proposed revisions to the administrative procedures (chapter 417-01 WAC) are consistent with the emergency rule update filed with the code reviser and adopted on February 20, 2001. The emergency rule update was published in WSR 01-05-101.

Statutory Authority for Adoption: RCW 44.05.080(1).

Summary: The commission, which was reconvened in January 2001, is required to prepare a redistricting plan according to the specifications of the state constitution and state law. Because of the decennial nature of the commission, and the importance of public participation and input in the development such plans, the commission finds that chapters 417-01 and 417-06 WAC must be reviewed to ensure the proper dissemination of contact and meeting information; compliance with Administrative Procedure Act (APA) requirements; adherence to commission directives on the conduct of business and administrative matters; and the development of proper criteria for third-party plan submissions.

Reasons Supporting Proposal: Rules adopted in 1991 serve as an effective basis for most commission functions. However, the commission finds that administrative and technology-based changes require revisions to existing rules.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ethan Moreno, 505 East Union Avenue, Third Floor, Olympia, 98504-0948, (360) 586-9000.

Name of Proponent: Washington State Redistricting Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed changes to chapter 417-01 WAC are administrative in nature and are largely consistent with the emergency rule update adopted by the commission on February 20, 2001. The revisions would update the existing rules with correct contact and administrative procedure information, thus enabling the public and other to communicate, participate and obtain information about commission duties and functions.

The proposed changes to chapter 417-06 WAC, the chapter governing the criteria for third-party redistricting plan submissions, provides for interested parties to participate in the redistricting process by submitting formal and informal plans to the commission. The revisions to existing language would update the format, time and place, and submission specifications for formal plans and informal plans.

Proposal Changes the Following Existing Rules: Changes to chapter 417-01 WAC include revising contact information, the number of agency officers from two to one, meeting schedules, the governing parliamentary rules, and providing for a court reporter to record testimony regarding redistricting boundaries at commission meetings where such testimony is a scheduled agenda item.

Changes to chapter 417-06 WAC include revising the criteria for formal paper map and electronic submission of redistricting plans. The changes are largely based upon changes to redistricting technology and incorporate some language from the federal requirements for plan submissions to the United States Department of Justice. An additional revision would also provide a new option for the submission of partial formal plans - redistricting plans structurally similar to formal plans, except covering a smaller geographical area. The intent of this change is to encourage structured input in a manner less burdensome to the public than the submission of a formal plan. A provision for the e-mailing of plans is also included in the revised language.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not affect small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Washington State Redistricting Commission, 505 East Union Avenue, Third Floor, Olympia, WA 98501, on June 7, 2001, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Ethan Moreno by May 31, 2001, TDD (360) 753-1485, or Office of the Secretary of State.

Submit Written Comments to: Washington State Redistricting Commission, Administrative Rules Update, P.O. Box 40948, Olympia, WA 98501, fax (360) 586-8995, by June 6, 2001.

Date of Intended Adoption: June 8, 2001.

April 18, 2001

Ethan Moreno

Executive Director

OTS-4756.3


AMENDATORY SECTION(Amending WSR 91-20-006, filed 9/19/91, effective 10/20/91)

WAC 417-01-105   Description of organization.   The Washington state redistricting commission is a five member commission appointed each year ending in one to accomplish legislative and congressional redistricting in accordance with article 2, section 43 of the state constitution and chapter 44.05 RCW. The membership consists of four voting members appointed by the leaders of the two largest political caucuses in the senate and house of representatives. The commission chair is selected by the voting members. ((The administrative office of the commission is located at the Washington State Redistricting Commission, Suite 306, 1110 Capitol Way South, Olympia, Washington 98504. The commission's phone number is (360) 786-7935.))

[Statutory Authority: RCW 44.05.080(1). 91-20-006, 417-01-105, filed 9/19/91, effective 10/20/91.]


AMENDATORY SECTION(Amending WSR 91-20-006, filed 9/19/91, effective 10/20/91)

WAC 417-01-110   Commission responsibilities and duties.   Pursuant to article 2, section 43 of the state constitution and chapter 44.05 RCW, the commission's duties are:

(1) To accomplish state legislative and congressional redistricting;

(2) To act as the legislature's recipient of the final redistricting data and maps from the United States Bureau of the Census;

(3) To disclose and preserve public records as specified in chapters ((40.14 and)) 42.17 and 40.14 RCW;

(4) To hold open public meetings pursuant to the Open Public Meetings Act, RCW 42.30;

(5) To prepare and disclose its minutes pursuant to RCW 42.32.030;

(6) To prepare and adopt agency rules pursuant to the Administrative Procedure Act, chapter 34.05 RCW;

(7) To prepare and publish a report with a redistricting plan as provided in RCW 44.05.080(7);

(((7))) (8) To distribute census data to counties for local redistricting as required by chapter 29.70 RCW.

[Statutory Authority: RCW 44.05.080(1). 91-20-006, 417-01-110, filed 9/19/91, effective 10/20/91.]


AMENDATORY SECTION(Amending WSR 91-20-006, filed 9/19/91, effective 10/20/91)

WAC 417-01-115   Authority.   These rules are adopted pursuant to the requirements of RCW 44.05.080(1) and the Administrative Procedure((s)) Act, chapter 34.05 RCW.

[Statutory Authority: RCW 44.05.080(1). 91-20-006, 417-01-115, filed 9/19/91, effective 10/20/91.]


AMENDATORY SECTION(Amending WSR 91-20-006, filed 9/19/91, effective 10/20/91)

WAC 417-01-125   Offices.   ((The offices of the commission, and its mailing address, shall be Suite 306, 1110 Capitol Way South, Olympia, Washington 98504.)) (1) The commission office is located at 505 East Union Avenue, Third Floor, Olympia, Washington. The mailing address is: Washington State Redistricting Commission, P.O. Box 40948, Olympia, WA, 98504-0948. Telephone number: (360) 586-9000. Facsimile number: (360) 586-8995. Internet address: www.redistricting.wa.gov. Electronic mail address: contact@redistricting.wa.gov. Office hours for the commission shall be from 8 a.m. to 5 p.m. on all normal business days. Office hours for inspection and copying of public records shall be as provided in chapter two hereof.

(2) The commission address and contact information shall remain in effect for the duration of the 2001-2002 commission. Inquiries after that date shall be directed to the secretary of state.

[Statutory Authority: RCW 44.05.080(1). 91-20-006, 417-01-125, filed 9/19/91, effective 10/20/91.]


NEW SECTION
WAC 417-01-127   Communications, inquiries and requests.   Communications, inquiries and requests to the commission and staff concerning commission rules, meetings, or other matters may be made in person, by letter, by telephone, by telefax or by electronic means to the offices listed in WAC 417-01-125(1). Requests for public records must be made in writing.

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AMENDATORY SECTION(Amending WSR 91-20-006, filed 9/19/91, effective 10/20/91)

WAC 417-01-130   Officers.   (1) There shall be an executive director of the commission who shall be responsible to the commission for the overall administration of the commission and its business, and who shall have such other duties and responsibilities as the commission may from time to time decide.

(2) ((There shall be a director of operations of the commission who shall be responsible to the commission for the acquisition, management and use of the commission's technical equipment, and who shall have such related duties and responsibilities as the commission may from time to time decide.

(3))) The executive director ((and the director of operations)) shall report to the chair.

[Statutory Authority: RCW 44.05.080(1). 91-20-006, 417-01-130, filed 9/19/91, effective 10/20/91.]


AMENDATORY SECTION(Amending WSR 91-20-006, filed 9/19/91, effective 10/20/91)

WAC 417-01-135   Staff.   The executive director, with the approval of the chair, shall appoint such assistants and employees as may be appropriate and necessary to the functions of the commission, and shall supervise the assistants and employees. ((The executive director shall coordinate the appointment and supervision of technical staff employees with the director of operations.))

[Statutory Authority: RCW 44.05.080(1). 91-20-006, 417-01-135, filed 9/19/91, effective 10/20/91.]


AMENDATORY SECTION(Amending WSR 91-20-006, filed 9/19/91, effective 10/20/91)

WAC 417-01-145   Political activities.   Neither the chair, nor any commissioner shall:

(1) Campaign, as a candidate, for any elective office while a member of the commission;

(2) Actively participate in or contribute to any political campaign of any candidate for any state or federal elective office while a member of the commission;

(3) Hold or campaign for a seat in the U.S. Congress or in the legislature of this state until two years have elapsed following the effective date of the ((1992)) redistricting plan adopted pursuant to RCW 44.05.100.

[Statutory Authority: RCW 44.05.080(1). 91-20-006, 417-01-145, filed 9/19/91, effective 10/20/91.]


AMENDATORY SECTION(Amending WSR 91-20-006, filed 9/19/91, effective 10/20/91)

WAC 417-01-150   ((Schedule of)) Meetings.   (1) Regular meetings: The commission shall meet ((monthly)) regularly during the months of April ((1991)) through December ((1991 on the second Thursday of the month)) in each year ending in one, at the commission's offices in Olympia, ((at 4 p.m., unless they shall appoint a different day, time or place)) as published in the Washington State Register.

(2) Special meetings: The commission shall meet at other times and places, at the call of the chair or of a majority of the commissioners. Notice of special meetings shall be given ((as far in advance as may be practical)) at least twenty-four hours before the time of such meeting as specified in the notice, to the ((press)) media and to all others who have requested notice of commission meetings.

(3) Agenda: The chair, or the commission majority calling a special meeting, shall propose an agenda for the meeting, which shall be distributed to commissioners, to the ((press)) media, and to others who have requested notice, at the earliest practical date prior to the meeting.

[Statutory Authority: RCW 44.05.080(1). 91-20-006, 417-01-150, filed 9/19/91, effective 10/20/91.]


AMENDATORY SECTION(Amending WSR 91-20-006, filed 9/19/91, effective 10/20/91)

WAC 417-01-155   Conduct of commission business.   (1) Three voting members of the commission shall constitute a quorum for the conduct of business.

(2) The votes of any three of the commissioners shall be required for any official action of the commission: Provided, That the chair shall have the authority on behalf of the commission to execute contracts and leases, and approve expenditures and reimbursements, related to the business of the commission. The chair may, without the prior approval of the commission, authorize expenditures for equipment and supplies not to exceed (($10,000)) $15,000. Expenditures made pursuant to this section shall be reported as a separate item on the agenda at the next commission meeting.

(3) The chair shall not have a vote at any meeting of the commission.

(4) Commission meetings shall be conducted in accordance with the Open Public Meetings Act (chapter 42.30 RCW).

(5) The commission shall not adopt any redistricting plan, or partial redistricting plan, except at a public meeting, notice of which has been given in accordance with these rules.

(6) The commission shall not take any action by secret ballot.

(7) When not inconsistent with the state constitution, statute, or these rules, parliamentary matters before the commission shall be governed by ((Reed's Parliamentary Rules)) Robert's Rules of Order, Tenth Edition.

(8) Motions shall not require a second in order to be placed before the commission for a vote.

(9) All public meetings of the commission shall be electronically recorded. The minutes and tapes thereof shall be available to the public in accordance with the rules regarding access to public records held by the commission. ((The commission shall provide for presence of a court reporter at commission meetings for the purpose of recording public testimony regarding a districting plan.)) At all meetings of the commission where public testimony regarding redistricting boundaries is a scheduled agenda item, the commission shall provide for the presence of a court reporter to record such testimony. A typewritten transcript of such testimony shall be prepared as soon as possible after such hearings and shall be made available to the public in accordance with the rules regarding access to public records held by the commission. The ((shorthand)) transcript of a court reporter prepared pursuant to this section shall become part of the official records of the commission.

(10) Except as provided in this section, the chair shall preside at all meetings. In the event of the chair's absence the commission shall select from among the voting members a temporary chair to preside in the chair's absence. The position of temporary chair shall alternate between a member of the two parties represented on the commission.

[Statutory Authority: RCW 44.05.080(1). 91-20-006, 417-01-155, filed 9/19/91, effective 10/20/91.]

OTS-4816.1


AMENDATORY SECTION(Amending WSR 91-20-006, filed 9/19/91, effective 10/20/91)

WAC 417-06-110   Definitions.   As used in this chapter:

(1) All words and phrases defined in chapter one of this title (((WAC 417-01-105))) (WAC 417-01-120) and RCW 44.05.020 shall have the same meaning for the purposes of this chapter.

(2) "Commission plan" means a proposed plan of redistricting, including any amendment to a proposed plan of redistricting, that is submitted to the commission by a commissioner, or by the chair or the staff of the commission. It also means a plan of redistricting, including any amendment to a proposed plan of redistricting, that is prepared by or at the direction of one or more of the commissioners.

(3) "Formal plan" means a redistricting plan other than a commission plan that meets the requirements of WAC 417-06-130 and that covers all of the territory of the state, or that covers at least all of the territory of the state that lies to the east of, or to the west of, the crest of the Cascade range.

(4) "Partial formal plan" means a plan other than a commission plan that would qualify as a formal plan except that it covers a smaller geographical area than a formal plan.

(5) "Informal plan" means a redistricting plan other than a commission plan that does not qualify as a formal plan or a partial formal plan.

(((5))) (6) "Third party amendment" means a proposal for an amendment to a commission plan or a third party plan, submitted to the commission by an individual or interest group other than the commissioners or the chair or staff of the commission. A third party amendment may be a formal plan, a partial formal plan, or an informal plan.

(((6))) (7) "Third party plan" means a plan of redistricting that is a formal plan ((or)), a partial formal plan, an informal plan or a third party amendment, submitted to the commission by an individual or interest group other than the commissioners or the chair or staff of the commission.

[Statutory Authority: RCW 44.05.080(1). 91-20-006, 417-06-110, filed 9/19/91, effective 10/20/91.]


AMENDATORY SECTION(Amending WSR 91-20-006, filed 9/19/91, effective 10/20/91)

WAC 417-06-120   Requirements applicable to ((third party)) all plans.   ((Any third party plan must)) The commission is required to adhere to the constitutional and statutory requirements applicable to redistricting plans. Therefore, any plan submitted to the commission must also adhere to the ((statutory)) requirements applicable to commission plans, in art. 2, sec. 43 of the constitution of the state of Washington and RCW 44.05.090. Copies of these constitutional and statutory provisions ((are attached to this chapter)) shall be made available from the commission.

[Statutory Authority: RCW 44.05.080(1). 91-20-006, 417-06-120, filed 9/19/91, effective 10/20/91.]


AMENDATORY SECTION(Amending WSR 91-20-006, filed 9/19/91, effective 10/20/91)

WAC 417-06-130   Format for formal plans.   (1) Any formal plan submitted to the commission ((should)) shall be submitted in one of the following approved formats:

(a) Paper map((s)) submissions: The commission will have available for public purchase ((11-inch x 17-inch)) paper maps, created using current geographic data provided by the U.S. Bureau of the Census. The maps will be sold for an amount (to be established by the executive director) sufficient to cover the cost to the commission of producing the map copies. Map scale ((will)) may vary, depending on the population density in the area covered. Maps may be purchased singly or in sets. ((Individuals and groups may submit formal plans using such maps. Submissions should)) Formal plan paper map submissions from individuals and groups shall be made on the maps provided by the commission, or on full-size copies thereof. Explanations of the commission's maps, and instructions to users for submission of formal plans, ((are)) shall be made available free of charge from the commission.

(b) Electronic ((disks)) submissions: ((Individuals and groups may submit formal plans on 3.5-inch or 5.25-inch floppy disks in MS-DOS, ASCII)) Formal plan electronic submissions from individuals and groups shall be made on 3.5-inch floppy disks or on CD-ROMs containing a table of equivalencies file giving the census block to district assignments as assignment files in dBase, INFO, or text file format containing polygon identification and polygon district assignment columns; as district files containing a district identification number; or in a format approved by ((the National Conference of State Legislatures and)) the U.S. Department of Justice. Materials explaining this format ((are)) shall be made available free of charge from the commission. The commission ((has disks)) shall make electronic information available ((for sale in the CD-ROM format)) which shall include census and geographic data. The electronic information will be made available at a charge (to be established by the executive director) sufficient to cover the cost to the commission of producing copies of the electronic files.

Each electronic formal plan submission shall be based upon current and official Bureau of the Census geography and Public Law 94-171 file unique block identity code of state, county, tract, and block, and shall be accompanied by a full description of its contents, including an identification by name and/or location of each data file that is contained, a detailed record layout for each such file, a record count for each such file, and a full description of the format.

(2) Individuals and groups submitting formal plans ((should)) shall supplement their paper map or ((data disk)) electronic submissions with the following information: Name, address and telephone number of a contact person; a submission cover letter; the total number of plans submitted; a narrative explanation of the plan's compliance with the constitutional and statutory requirements identified in WAC 417-06-120; and a description of the original source materials and data used for the submission. They may also include with the formal plan such other supporting materials and data as they deem appropriate.

[Statutory Authority: RCW 44.05.080(1). 91-20-006, 417-06-130, filed 9/19/91, effective 10/20/91.]


NEW SECTION
WAC 417-06-135   Format for partial formal plans.   Partial formal plans shall meet the submission format requirements for formal plans.

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AMENDATORY SECTION(Amending WSR 91-20-006, filed 9/19/91, effective 10/20/91)

WAC 417-06-140   Format for informal plans.   The commission requests that individuals and interest groups submitting informal plans use the paper map or electronic ((disk)) submission formats that are required for formal plans. The commission will accept informal plans that are submitted in nonconforming formats; however, such plans may not be capable of being tested for population data against the official census geography and Public Law 94-171 files that ((is)) are incorporated in the commission's systems.

[Statutory Authority: RCW 44.05.080(1). 91-20-006, 417-06-140, filed 9/19/91, effective 10/20/91.]


AMENDATORY SECTION(Amending WSR 91-20-006, filed 9/19/91, effective 10/20/91)

WAC 417-06-150   Time and place of submissions.   Early submission of third party plans is encouraged. All submissions and supporting materials should be mailed or delivered to the commission's office (not to a commissioner) in Olympia, or they may be presented to commission staff at any public hearing held by the commission. Submissions may be electronically mailed to the commission's address identified in WAC 417-01-125 only if the U.S. Postal Service or other carrier delivers a physical copy of all submission and supporting materials to the commission offices. The date of the electronically mailed submission shall be the date the delivered materials are received by the commission. The submission envelope, cover letter and all other submission materials should be clearly marked: "Redistricting Plan Submission." The person or organization submitting the plan bears the responsibility and accepts the risk to ensure timely delivery of the plan to the commission. The commission has no responsibility to review untimely or improperly submitted plans.

[Statutory Authority: RCW 44.05.080(1). 91-20-006, 417-06-150, filed 9/19/91, effective 10/20/91.]


AMENDATORY SECTION(Amending WSR 91-20-006, filed 9/19/91, effective 10/20/91)

WAC 417-06-170   Public rights in third party plans.   The submission of any third party plan to the commission shall be deemed for all purposes a release and waiver, and an unconditional assignment to the state, of any proprietary or ownership rights therein, and in any materials or data submitted in connection therewith. The commission, the state supreme court, and any other person or entity shall have the free and unrestricted right to make any use whatever, without any charge (except for copying charges that may be assessed by the commission in response to public records requests for plans, under WAC 417-06-160 and chapter 417-02 WAC) and free of any trademark, copyright or similar restriction, of all or any part of any such third party plan, and any such materials or data.

[Statutory Authority: RCW 44.05.080(1). 91-20-006, 417-06-170, filed 9/19/91, effective 10/20/91.]

Washington State Code Reviser's Office