1464-S.E AMS GO S2994.1
ESHB 1464 - S COMM AMD
By Committee on Government Operations
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 42.12 RCW to read as follows:
A vacancy on an elected nonpartisan governing body of a special purpose district where property ownership is not a qualification to vote, a town, or a city other than a first class city or a charter code city, shall be filled as follows unless the provisions of law relating to the special district, town, or city provide otherwise:
(1) Where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position.
(2) Where two or more positions are vacant and two or more members of the governing body remain in office, the remaining members of the governing body shall appoint a qualified person to fill one of the vacant positions, the remaining members of the governing body and the newly appointed person shall appoint another qualified person to fill another vacant position, and so on until each of the vacant positions is filled with each of the new appointees participating in each appointment that is made after his or her appointment.
(3) If less than two members of a governing body remain in office, the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person or persons to the governing body until the governing body has two members.
(4) If a governing body fails to appoint a qualified person to fill a vacancy within ninety days of the occurrence of the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person to fill the vacancy.
(5) If the county legislative authority of the county fails to appoint a qualified person within one hundred eighty days of the occurrence of the vacancy, the county legislative authority or the remaining members of the governing body of the city, town, or special district may petition the governor to appoint a qualified person to fill the vacancy. The governor may appoint a qualified person to fill the vacancy after being petitioned if at the time the governor fills the vacancy the county legislative authority has not appointed a qualified person to fill the vacancy.
(6) As provided in RCW 29.15.190 and 29.21.410, each person who is appointed shall serve until a qualified person is elected at the next election at which a member of the governing body normally would be elected that occurs twenty-eight or more days after the occurrence of the vacancy. If needed, special filing periods shall be authorized as provided in RCW 29.15.170 and 29.15.180 for qualified persons to file for the vacant office. A primary shall be held to nominate candidates if sufficient time exists to hold a primary and more than two candidates file for the vacant office. Otherwise, a primary shall not be held and the person receiving the greatest number of votes shall be elected. The person elected shall take office immediately and serve the remainder of the unexpired term.
If an election for the position that became vacant would otherwise have been held at this general election date, only one election to fill the position shall be held and the person elected to fill the succeeding term for that position shall take office immediately when qualified as defined in RCW 29.01.135 and shall service both the remainder of the unexpired term and the succeeding term.
Sec. 2. RCW 42.12.010 and 1981 c 180 s 4 are each amended to read as follows:
Every elective office shall become vacant on the happening of any of the following events:
(1) The death of the incumbent;
(2) His or her resignation. A vacancy caused by resignation shall be deemed to occur upon the effective date of the resignation;
(3) His or her removal;
(4) His or her ceasing
to be a legally ((qualified elector)) registered voter of the
district, county, city, town, or other municipal or quasi municipal corporation
from which he or she shall have been elected or appointed, including where
applicable the council district, commissioner district, or ward from which he
or she shall have been elected or appointed;
(5) His or her conviction of a felony, or of any offense involving a violation of his or her official oath;
(6) His or her refusal or neglect to take his or her oath of office, or to give or renew his or her official bond, or to deposit such oath or bond within the time prescribed by law;
(7) The decision of a competent tribunal declaring void his or her election or appointment; or
(8) Whenever a judgment shall be obtained against that incumbent for breach of the condition of his or her official bond.
Sec. 3. RCW 43.06.010 and 1992 c 172 s 1 are each amended to read as follows:
In addition to those prescribed by the Constitution, the governor may exercise the powers and perform the duties prescribed in this and the following sections:
(1) The governor shall supervise the conduct of all executive and ministerial offices;
(2) The governor shall see that all offices are filled, including as provided in section 1 of this act and the duties thereof performed, or in default thereof, apply such remedy as the law allows; and if the remedy is imperfect, acquaint the legislature therewith at its next session;
(3) The governor shall make the appointments and supply the vacancies mentioned in this title;
(4) The governor is the sole official organ of communication between the government of this state and the government of any other state or territory, or of the United States;
(5) Whenever any suit or legal proceeding is pending against this state, or which may affect the title of this state to any property, or which may result in any claim against the state, the governor may direct the attorney general to appear on behalf of the state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;
(6) The governor may require the attorney general or any prosecuting attorney to inquire into the affairs or management of any corporation existing under the laws of this state, or doing business in this state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;
(7) The governor may
require the attorney general to aid any prosecuting attorney in the discharge
of ((his)) the prosecutor's duties;
(8) The governor may offer rewards, not exceeding one thousand dollars in each case, payable out of the state treasury, for information leading to the apprehension of any person convicted of a felony who has escaped from a state correctional institution or for information leading to the arrest of any person who has committed or is charged with the commission of a felony;
(9) The governor shall perform such duties respecting fugitives from justice as are prescribed by law;
(10) The governor shall issue and transmit election proclamations as prescribed by law;
(11) The governor may require any officer or board to make, upon demand, special reports to the governor, in writing;
(12) The governor may, after finding that a public disorder, disaster, energy emergency, or riot exists within this state or any part thereof which affects life, health, property, or the public peace, proclaim a state of emergency in the area affected, and the powers granted the governor during a state of emergency shall be effective only within the area described in the proclamation;
(13) The governor shall, when appropriate, submit to the select joint committee created by RCW 43.131.120, lists of state agencies, as defined by RCW 43.131.030, which agencies might appropriately be scheduled for termination by a bill proposed by the select joint committee;
(14) The governor may, after finding that there exists within this state an imminent danger of infestation of plant pests as defined in RCW 17.24.007 or plant diseases which seriously endangers the agricultural or horticultural industries of the state of Washington, or which seriously threatens life, health, or economic well-being, order emergency measures to prevent or abate the infestation or disease situation, which measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides;
(15) On all compacts forwarded to the governor pursuant to RCW 9.46.360(6), the governor is authorized and empowered to execute on behalf of the state compacts with federally recognized Indian tribes in the state of Washington pursuant to the federal Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et seq., for conducting class III gaming, as defined in the Act, on Indian lands.
Sec. 4. RCW 14.08.304 and 1979 ex.s. c 126 s 3 are each amended to read as follows:
The board of airport
district commissioners shall consist of three members((, who shall each be a
registered voter and actually a resident of the district)). The first
commissioners shall be appointed by the county legislative authority. At the
next general district election, held as provided in RCW 29.13.020, three
airport district commissioners shall be elected. The terms of office of
airport district commissioners shall be two years, or until their successors
are elected and qualified and have assumed office in accordance with RCW
29.04.170. Members of the board of airport district commissioners shall be
elected at each regular district general election on a nonpartisan basis
in accordance with the general election law. ((They shall be
nominated by petition of ten registered voters of the district.))
Vacancies on the board of airport district commissioners shall occur and
shall be filled ((by appointment by the remaining commissioners)) as
provided in chapter 42.12 RCW. Members of the board of airport district
commissioners shall receive no compensation for their services, but shall be
reimbursed for actual necessary traveling and sustenance expenses incurred
while engaged on official business.
Sec. 5. RCW 28A.315.520 and 1971 c 53 s 4 are each amended to read as follows:
A majority of all members of the board of directors shall constitute a quorum. Absence of any board member from four consecutive regular meetings of the board, unless on account of sickness or authorized by resolution of the board, shall be sufficient cause for the remaining members of the board to declare by resolution that such board member position is vacated. In addition, vacancies shall occur as provided in RCW 42.12.010.
NEW SECTION. Sec. 6. A new section is added to chapter 29.15 RCW to read as follows:
If, after the close of the period established by RCW 29.15.020 for filing declarations of candidacy for the office of superintendent of public instruction or the nonpartisan elective office of a county, city, town, or special purpose district, no candidate or only one candidate has filed such a declaration for the nonpartisan office, the closure of the filing period for the office shall be extended. The extended filing period shall close at the end of business on the first Friday following the normal closing of that period under RCW 29.15.020.
Declarations and affidavits of candidacy filed during this extended filing period for the office shall be filed in the same manner, with the same fees or petitions, and with the same officer as prescribed for filings made under RCW 29.15.020. The names of candidates who validly file within this extension of the filing period shall appear on the ballot as if the filings had been made during the normal filing period under RCW 29.15.020.
The requirements of this section apply to a nonpartisan office of a county unless the provisions of the county's home rule charter provide otherwise. This section does not apply to a judicial office.
Sec. 7. RCW 29.15.050 and 1990 c 59 s 85 are each amended to read as follows:
A filing fee of one
dollar shall accompany each declaration of candidacy for precinct committee
officer; a filing fee of ((ten)) twenty dollars shall accompany
the declaration of candidacy for any office with a fixed annual salary of one
thousand dollars or less; a filing fee equal to one percent of the annual
salary of the office at the time of filing shall accompany the declaration of
candidacy for any office with a fixed annual salary of more than one thousand
dollars per annum. No filing fee need accompany a declaration of candidacy for
any office for which compensation is on a per diem or per meeting attended
basis, nor for the filing of any declaration of candidacy by a write-in
candidate.
A candidate who lacks sufficient assets or income at the time of filing to pay the filing fee required by this section shall submit with his or her declaration of candidacy a nominating petition. The petition shall contain not less than a number of signatures of registered voters equal to the number of dollars of the filing fee. The signatures shall be of voters registered to vote within the jurisdiction of the office for which the candidate is filing.
When the candidacy is
for((:
(1))) a legislative or judicial office that
includes territory from more than one county, the fee shall be paid to the
secretary of state for equal division between the treasuries of the counties
comprising the district.
(((2) A city or town
office, the fee shall be paid to the county auditor who shall transmit it to
the city or town clerk for deposit in the city or town treasury.))
Sec. 8. RCW 29.15.120 and 1990 c 59 s 86 are each amended to read as follows:
A candidate may withdraw his or her declaration of candidacy at any time before the close of business on the Thursday following the last day for candidates to file under RCW 29.15.020 by filing, with the officer with whom the declaration of candidacy was filed, a signed request that his or her name not be printed on the ballot. There shall be no withdrawal period for declarations of candidacy filed during extended or special filing periods held under this title. The filing officer may permit the withdrawal of a filing for the office of precinct committee officer at the request of the candidate at any time if no absentee ballots have been issued for that office and the general election ballots for that precinct have not been printed. The filing officer may permit the withdrawal of a filing for any elected office of a city, town, or special district at the request of the candidate at any time before a primary if the primary ballots for that city, town, or special district have not been ordered. No filing fee may be refunded to any candidate who withdraws under this section. Notice of the deadline for withdrawal of candidacy and that the filing fee is not refundable shall be given to each candidate at the time he or she files.
NEW SECTION. Sec. 9. A new section is added to chapter 29.15 RCW to read as follows:
Each person who files a declaration of candidacy for an elected office of a city, town, or special district shall be given written notice of the date by which a candidate may withdraw his or her candidacy under RCW 29.15.120.
Sec. 10. RCW 29.15.150 and 1973 c 4 s 3 are each amended to read as follows:
Whenever it shall be necessary to hold a special election in an odd-numbered year to fill an unexpired term of any office which is scheduled to be voted upon for a full term in an even-numbered year, no September primary election shall be held in the odd-numbered year if, after the last day allowed for candidates to withdraw or after the end of an extended filing period provided by section 6 of this act, either of the following circumstances exist:
(1) No more than one candidate of each qualified political party has filed a declaration of candidacy for the same partisan office to be filled; or
(2) No more than two candidates have filed a declaration of candidacy for a single nonpartisan office to be filled.
In either event, the officer with whom the declarations of candidacy were filed shall immediately notify all candidates concerned and the names of the candidates that would have been printed upon the September primary ballot, but for the provisions of this section, shall be printed as nominees for the positions sought upon the November general election ballot.
Sec. 11. RCW 29.15.160 and 1975-'76 2nd ex.s. c 120 s 9 are each amended to read as follows:
A void in candidacy for
a nonpartisan office occurs when an election for such office, except for the
short term, has been scheduled and ((no valid declaration of candidacy has
been filed for the position or)) all persons filing ((such)) valid
declarations of candidacy for the office have died or been disqualified.
Sec. 12. RCW 29.15.170 and 1975-'76 2nd ex.s. c 120 s 10 are each amended to read as follows:
Filings for a nonpartisan office shall be reopened for a period of three normal business days, such three day period to be fixed by the election officer with whom such declarations of candidacy are filed and notice thereof given by notifying press, radio, and television in the county and by such other means as may now or hereafter be provided by law whenever before the fourth Tuesday prior to a primary:
(1) A valid declaration of candidacy has not been filed for a judicial office during the normal filing period for the office;
(2) All of the candidates who have filed for a nonpartisan office have withdrawn their candidacies;
(3) A void in candidacy occurs;
(((2))) (4)
A vacancy occurs in any nonpartisan office leaving an unexpired term to be
filled by an election for which filings have not been held; or
(((3))) (5)
A nominee for judge of the superior court entitled to a certificate of election
pursuant to Article 4, section 29, Amendment 41 of the state Constitution, dies
or is disqualified.
Candidacies validly
filed within ((said)) the three-day period shall appear on the
ballot as if made during the earlier filing period.
Sec. 13. RCW 29.15.200 and 1975-'76 2nd ex.s. c 120 s 13 are each amended to read as follows:
If, after ((both))
the normal filing period ((and)) for which an extension of the filing
period is not required by section 6 of this act, after such an extended filing
period, or after a special three day filing period as provided by RCW
29.15.170 and 29.15.180((, as now or hereafter amended, have passed and
still)), no candidate has filed for any single city, town, or
district position to be filled, the election for such position shall be deemed
lapsed, the office deemed stricken from the ballot and no write-in votes
counted. In such instance, the incumbent occupying such position shall remain
in office and continue to serve until ((his)) a successor is
elected at the next election when such positions are voted upon ((as
provided by RCW 29.21.410, as now or hereafter amended)).
Sec. 14. RCW 29.21.015 and 1990 c 59 s 90 are each amended to read as follows:
No primary may be held for any single position in any city, town, or district, as required by RCW 29.21.010, if, after the last day allowed for candidates to withdraw or after the end of an extended or special filing period, there are no more than two candidates filed for the position. The county auditor shall, as soon as possible, notify all the candidates so affected that the office for which they filed will not appear on the primary ballot. Names of candidates so notified shall be printed upon the general election ballot in the manner specified by RCW 29.30.025.
NEW SECTION. Sec. 15. A new section is added to chapter 35.02 RCW to read as follows:
An election shall be held to elect city or town elected officials at the next municipal general election occurring more than twelve months after the date of the first election of councilmembers or commissioners. Candidates shall run for specific council or commission positions. The staggering of terms of members of the city or town council shall be established at this election, where the simple majority of the persons elected as councilmembers receiving the greatest numbers of votes shall be elected to four-year terms of office and the remainder of the persons elected as councilmembers shall be elected to two-year terms of office. Newly elected councilmembers or newly elected commissioners shall serve until their successors are elected and qualified. The terms of office of newly elected commissioners shall not be staggered, as provided in chapter 35.17 RCW. All councilmembers and commissioners who are elected subsequently shall be elected to four-year terms of office and shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.
Sec. 16. RCW 35.17.020 and 1979 ex.s. c 126 s 17 are each amended to read as follows:
All regular elections
in cities organized under the statutory commission form of government shall be
held quadrennially in the odd-numbered years on the dates provided in RCW
29.13.020. The commissioners shall be nominated and elected at large. Their
terms shall be for four years and until their successors are elected and
qualified and assume office in accordance with RCW 29.04.170. ((If a
vacancy occurs in the commission the remaining members shall appoint a person
to fill it for the unexpired term.)) Vacancies on a commission shall
occur and shall be filled as provided in chapter 42.12 RCW, except that in
every instance a person shall be elected to fill the remainder of the unexpired
term at the next general municipal election that occurs twenty-eight or more
days after the occurrence of the vacancy.
Sec. 17. RCW 35.17.400 and 1979 ex.s. c 126 s 18 are each amended to read as follows:
The first election of
commissioners shall be held ((within)) at the next special election
that occurs at least sixty days after the ((adoption of)) election
results are certified where the proposition to organize under the
commission form was approved by city voters, and the commission first
elected shall commence to serve as soon as they have been elected and have
qualified and shall continue to serve until their successors have been elected
and qualified and have assumed office in accordance with RCW 29.04.170. The
date of the second election for commissioners shall be in accordance with RCW
29.13.020 such that the term of the first commissioners will be as near as
possible to, but not in excess of, four years calculated from the first day
in January in the year after the year in which the first commissioners were
elected.
Sec. 18. RCW 35.18.020 and 1981 c 260 s 7 are each amended to read as follows:
(1) The number of ((councilmen))
councilmembers in a city or town operating with a council-manager plan of
government shall be ((in proportion to the population of the city or
town indicated in its petition for incorporation and thereafter shall be in
proportion to its population as last)) based upon the latest population
of the city or town that is determined by the office of financial
management as follows:
(a) A city or town
having not more than two thousand inhabitants, five ((councilmen)) councilmembers;
and
(b) A city or town
having more than two thousand, seven ((councilmen)) councilmembers.
(2) ((All councilmen
shall be elected at large or from such wards or districts as may be established
by ordinance, and shall serve for a term of four years and until their
successors are elected and qualified and assume office in accordance with RCW
29.04.170: PROVIDED, HOWEVER, That at the first general municipal election
held in the city in accordance with RCW 29.13.020, after the election approving
the council-manager plan, the following shall apply:
(a) One councilman
shall be nominated and elected from each ward or such other existing district
of said city as may have been established for the election of members of the
legislative body of the city and the remaining councilmen shall be elected at
large; but if there are no such wards or districts in the city, or at an
initial election for the incorporation of a community, the councilmen shall be
elected at large.
(b) In cities
electing five councilmen, the candidates having the three highest number of
votes shall be elected for a four year term and the other two for a two year
term commencing immediately when qualified in accordance with RCW 29.01.135 and
continuing until their successors are elected and qualified and have assumed
office in accordance with RCW 29.04.170.
(c) In cities
electing seven councilmen, the candidates having the four highest number of votes
shall be elected for a four year term and the other three for a two year term
commencing immediately when qualified in accordance with RCW 29.01.135 and
continuing until their successors are elected and qualified and have assumed
office in accordance with RCW 29.04.170.
(d) In determining
the candidates receiving the highest number of votes, only the candidate
receiving the highest number of votes in each ward, as well as the
councilman-at-large or councilmen-at-large, are to be considered)) Except for the initial staggering of terms,
councilmembers shall serve for four-year terms of office. All councilmembers
shall serve until their successors are elected and qualified and assume office
in accordance with RCW 29.04.170. Councilmembers may be elected on a city-wide
or town-wide basis, or from wards or districts, or any combination of these
alternatives. Candidates shall run for specific positions. Wards or districts
shall be redrawn as provided in chapter 29.70 RCW. Wards or districts shall be
used as follows: (a) Only a resident of the ward or district may be a
candidate for, or hold office as, a councilmember of the ward or district; and
(b) only voters of the ward or district may vote at a primary to nominate
candidates for a councilmember of the ward or district. Voters of the entire
city or town may vote at the general election to elect a councilmember of a
ward or district, unless the city or town had prior to January 1, 1993, limited
the voting in the general election for any or all council positions to only
voters residing within the ward or district associated with the council
positions. If a city or town had so limited the voting in the general election
to only voters residing within the ward or district, then the city or town
shall be authorized to continue to do so.
(3) When a ((municipality))
city or town has qualified for an increase in the number of ((councilmen))
councilmembers from five to seven by virtue of the next succeeding
population determination made by the office of financial management ((after
the majority of the voters thereof have approved operation under the
council-manager plan)), two additional council positions shall be filled
at the ((first)) next municipal general election ((when two
additional councilmen are to be elected, one of the two additional councilmen
receiving)) with the person elected to one of the new council positions
receiving the ((highest)) greatest number of votes ((shall
be)) being elected for a four-year term of office and
the person elected to the other additional ((councilman shall be))
council position being elected for a two-year term of office.
The ((terms of the)) two additional ((councilmen)) councilmembers
shall ((commence)) assume office immediately when qualified in accordance
with RCW 29.01.135, but the term of office shall be computed from the first
day of January after the year in which they are elected. Their successors
shall be elected to four-year terms of office.
(((4) In the event
such population determination as provided in subsection (3) of this section
requires an increase in the number of councilmen)) Prior to the election
of the two new councilmembers, the city or town council shall fill the
additional ((councilmanic)) positions by appointment not later than ((thirty))
forty-five days following the release of ((said)) the
population determination, and ((the)) each appointee shall hold
office only until ((the next regular city or town election at which a person
shall be elected to serve for the remainder of the unexpired term. In the
event such population determination results in a decrease in the number of
councilmen, said decrease shall not take effect until the next regular city or
town election: PROVIDED, That)) the new position is filled by election.
(4) When a city or town has qualified for a decrease in the number of councilmembers from seven to five by virtue of the next succeeding population determination made by the office of financial management, two council positions shall be eliminated at the next municipal general election if four council positions normally would be filled at that election, or one council position shall be eliminated at each of the next two succeeding municipal general elections if three council positions normally would be filled at the first municipal general election after the population determination. The council shall by ordinance indicate which, if any, of the remaining positions shall be elected at-large or from wards or districts.
(5) ((If a vacancy
in the council occurs, the remaining members shall appoint a person to fill
such office only until the next regular general municipal election at which a
person shall be elected to serve for the remainder of the unexpired term)) Vacancies
on a council shall occur and shall be filled as provided in chapter 42.12 RCW.
Sec. 19. RCW 35.18.270 and 1979 ex.s. c 126 s 20 are each amended to read as follows:
If the majority of the
votes cast at a special election for organization on the council-manager plan
favor the plan, the city or town ((at its next regular election)) shall
elect the council required under the council-manager plan in number according
to ((the)) its population ((of the municipality: PROVIDED,
That if the date of the next municipal general election is more than one year
from the date of the election approving the council-manager plan, a special
election shall be held to elect the councilmen; the newly elected councilmen
shall assume office immediately when they are qualified in accordance with RCW
29.01.135 following the canvass of votes as certified and shall remain in
office until their successors are elected at the next general municipal
election: PROVIDED, That such successor shall hold office for staggered terms
as provided in RCW 35.18.020 as now or hereafter amended. Councilmen shall
take office at the time provided by general law. Declarations of candidacy for
city or town elective positions under the council-manager plan for cities and
towns shall be filed with the county auditor as the case may be not more than
forty-five nor less than thirty days prior to said special election to elect
the members of the city council. Any candidate may file a written declaration
of withdrawal at any time within five days after the last day for filing a
declaration of candidacy. All names of candidates to be voted upon shall be
printed upon the ballot alphabetically in group under the designation of the
title of the offices for which they are candidates. There shall be no rotation
of names)) at the next municipal general election. However, special
elections shall be held to nominate and elect the new city councilmembers at
the next primary and general election held in an even-numbered year if the next
municipal general election is more than one year after the date of the election
at which the voters approved the council-manager plan. The staggering of terms
of office shall occur at the election when the new councilmembers are elected,
where the simple majority of the persons elected as councilmembers receiving
the greatest numbers of votes shall be elected to four-year terms of office if
the election is held in an odd-numbered year, or three-year terms of office if
the election is held in an even-numbered year, and the remainder of the persons
elected as councilmembers shall be elected to two-year terms of office if the
election is held in an odd-numbered year, or one-year terms of office if the
election is held in an even-numbered year. The initial councilmembers shall
take office immediately when they are elected and qualified, but the lengths of
their terms of office shall be calculated from the first day in January in the
year following the election.
Sec. 20. RCW 35.23.050 and 1965 c 7 s 35.23.050 are each amended to read as follows:
All municipal elections
held under the provisions of this chapter shall be conducted according to the
general election laws of this state((, as far as practicable: PROVIDED,
That any qualified voter of such city, duly registered for the general county
or state election next preceding any municipal election, general or special,
shall be qualified to vote at such municipal election. No person shall be
qualified to vote at such election unless he is a qualified elector of the
county and has resided in such city for at least thirty days next preceding
such election)).
Sec. 21. RCW 35.23.240 and 1965 c 7 s 35.23.240 are each amended to read as follows:
The city council may
declare an office vacant: (1) If anyone either elected or appointed to that
office fails for ten days to qualify as required by law or fails to enter upon
((his)) the duties of that office at the time fixed by law
or the orders of the city council, ((his)) the office shall
become vacant; or (2) if such an officer ((absents himself))
who serves for compensation is absent from the city without the consent
of the city council for three consecutive weeks or openly neglects or refuses
to discharge ((his)) the duties((, the council may declare his
office vacant: PROVIDED, That this penalty for absence from the city shall not
apply to such officers as serve without compensation.
If a vacancy occurs
by reason of death, resignation, or otherwise in the office of mayor or
councilman, the city council shall fill the vacancy until the next general
municipal election)) of that
office. In addition, a vacancy in an elective office shall occur and shall be
filled as provided in chapter 42.12 RCW.
If a vacancy occurs ((by
reason of death, resignation, or otherwise)) in any other office it shall
be filled by appointment of the mayor and confirmed by the council in the same
manner as other appointments are made.
Sec. 22. RCW 35.23.530 and 1965 c 7 s 35.23.530 are each amended to read as follows:
At any time not within
three months previous to an annual election the city council of a second class
city may divide the city into wards, not exceeding six in all, or change the
boundaries of existing wards. No change in the boundaries of wards shall
affect the term of any ((councilman, but he)) councilmember, and
councilmembers shall serve out ((his)) their terms in
the wards of ((his)) their residences at the time
of ((his election: PROVIDED, That if this results)) their
elections. However, if these boundary changes result in one ward being
represented by more ((councilmen)) councilmembers than the number
to which it is entitled, those having the shortest unexpired terms shall
be assigned by the council to wards where there is a vacancy, and the
councilmembers so assigned shall be deemed to be residents of the wards to
which they are assigned for purposes of determining whether those positions are
vacant.
The representation of each ward in the city council shall be in proportion to the population as nearly as is practicable.
((No person shall be
eligible to the office of councilman unless he resides in the ward for which he
is elected on the date of his election and removal of his residence from the
ward for which he was elected renders his office vacant.))
Wards shall be redrawn as provided in chapter 29.70 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1993, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not exist.
Sec. 23. RCW 35.24.050 and 1979 ex.s. c 126 s 22 are each amended to read as follows:
General municipal
elections in third class cities not operating under the commission form of
government shall be held biennially in the odd-numbered years ((as provided
in RCW 29.13.020)) and shall be subject to general election law.
The terms of office of the mayor, city attorney, clerk, and treasurer shall be four years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170: PROVIDED, That if the offices of city attorney, clerk, and treasurer are made appointive, the city attorney, clerk, and treasurer shall not be appointed for a definite term: PROVIDED FURTHER, That the term of the elected treasurer shall not commence in the same biennium in which the term of the mayor commences, nor in which the terms of the city attorney and clerk commence if they are elected.
((A
councilman-at-large shall be elected biennially for a two-year term and until
his or her successor is elected and qualified and assumes office in accordance
with RCW 29.04.170. Of the other six councilmen, three shall be elected in
each biennial general municipal election for terms of four years and until
their successors are elected and qualified and assume)) Council
positions shall be numbered in each third class city so that council position
seven has a two-year term of office and council positions one through six shall
each have four-year terms of office. Each councilmember shall remain in office
until a successor is elected and qualified and assumes office in accordance
with RCW 29.04.170.
In its discretion the council of a third class city may divide the city by ordinance into a convenient number of wards, not exceeding six, fix the boundaries of the wards, and change the ward boundaries from time to time and as provided in RCW 29.70.100. No change in the boundaries of any ward shall be made within one hundred twenty days next before the date of a general municipal election, nor within twenty months after the wards have been established or altered. However, if a boundary change results in one ward being represented by more councilmembers than the number to which it is entitled, those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of determining whether those positions are vacant. Whenever such city is so divided into wards, the city council shall designate by ordinance the number of councilmembers to be elected from each ward, apportioning the same in proportion to the population of the wards. Council position seven shall not be associated with a ward and the person elected to that position may reside anywhere in the city and voters throughout the city may vote at a primary to nominate candidates for position seven, when a primary is necessary, and at a general election to elect the person to council position seven. When additional territory is added to the city it may by act of the council, be annexed to contiguous wards without affecting the right to redistrict at the expiration of twenty months after last previous division. Wards shall be redrawn as provided in chapter 29.70 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1993, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not exist.
Sec. 24. RCW 35.24.060 and 1965 c 7 s 35.24.060 are each amended to read as follows:
All elections shall be
held in accordance with the general election laws of the state ((insofar as
the same are applicable and no person shall be entitled to vote at any election
unless he shall be a qualified elector of the county and shall have resided in
such city for at least thirty days next preceding such election)).
Sec. 25. RCW 35.24.100 and 1965 c 7 s 35.24.100 are each amended to read as follows:
((In cities of))
The council of a third class city may declare a council
position vacant if ((a member of the city council absents himself)) that
councilmember is absent for three consecutive regular meetings ((thereof,
unless by)) without the permission of the council((, his office
may be declared vacant by the council.
Vacancies in the
city council or in the office of mayor shall be filled by majority vote of the
council)). In addition, a
vacancy in an elective office shall occur and shall be filled as provided in
chapter 42.12 RCW.
Vacancies in offices
other than that of mayor or city ((councilman)) councilmember
shall be filled by appointment of the mayor.
((If a vacancy
occurs in an elective office the appointee shall hold office only until the
next regular election at which a person shall be elected to serve for the
remainder of the unexpired term.))
If there is a temporary vacancy in an appointive office due to illness, absence from the city or other temporary inability to act, the mayor may appoint a temporary appointee to exercise the duties of the office until the temporary disability of the incumbent is removed.
Sec. 26. RCW 35.24.290 and 1986 c 278 s 5 are each amended to read as follows:
The city council of each third class city shall have power:
(1) To pass ordinances not in conflict with the Constitution and laws of this state or of the United States;
(2) To prevent and regulate the running at large of any or all domestic animals within the city limits or any part thereof and to cause the impounding and sale of any such animals;
(3) To establish, build and repair bridges, to establish, lay out, alter, keep open, open, widen, vacate, improve and repair streets, sidewalks, alleys, squares and other public highways and places within the city, and to drain, sprinkle and light the same; to remove all obstructions therefrom; to establish and reestablish the grades thereof; to grade, plank, pave, macadamize, gravel and curb the same, in whole or in part; to construct gutters, culverts, sidewalks and crosswalks therein or upon any part thereof; to cultivate and maintain parking strips therein, and generally to manage and control all such highways and places; to provide by local assessment for the leveling up and surfacing and oiling or otherwise treating for the laying of dust, all streets within the city limits;
(4) To establish, construct and maintain drains and sewers, and shall have power to compel all property owners on streets and alleys or within two hundred feet thereof along which sewers shall have been constructed to make proper connections therewith and to use the same for proper purposes, and in case the owners of the property on such streets and alleys or within two hundred feet thereof fail to make such connections within the time fixed by such council, it may cause such connections to be made and assess against the property served thereby the costs and expenses thereof;
(5) To provide fire engines and all other necessary or proper apparatus for the prevention and extinguishment of fires;
(6) To impose and collect an annual license on every dog within the limits of the city, to prohibit dogs running at large and to provide for the killing of all dogs not duly licensed found at large;
(7) To license, for the purposes of regulation and revenue, all and every kind of business authorized by law, and transacted and carried on in such city, and all shows, exhibitions and lawful games carried on therein and within one mile of the corporate limits thereof, to fix the rate of license tax upon the same, and to provide for the collection of the same by suit or otherwise;
(8) To improve rivers and streams flowing through such city, or adjoining the same; to widen, straighten and deepen the channel thereof, and remove obstructions therefrom; to improve the water-front of the city, and to construct and maintain embankments and other works to protect such city from overflow; to prevent the filling of the water of any bay, except such filling over tide or shorelands as may be provided for by order of the city council; to purify and prevent the pollution of streams of water, lakes or other sources of supply, and for this purpose shall have jurisdiction over all streams, lakes or other sources of supply, both within and without the city limits. Such city shall have power to provide by ordinance and to enforce such punishment or penalty as the city council may deem proper for the offense of polluting or in any manner obstructing or interfering with the water supply of such city or source thereof;
(9) To erect and maintain buildings for municipal purposes;
(10) To permit, under such restrictions as it may deem proper, and to grant franchises for, the laying of railroad tracks, and the running of cars propelled by electric, steam or other power thereon, and the laying of gas and water pipes and steam mains and conduits for underground wires, and to permit the construction of tunnels or subways in the public streets, and to construct and maintain and to permit the construction and maintenance of telegraph, telephone and electric lines therein;
(11) ((In its
discretion to divide the city by ordinance, into a convenient number of wards,
not exceeding six, to fix the boundaries thereof, and to change the same from
time to time: PROVIDED, That no change in the boundaries of any ward shall be
made within sixty days next before the date of a general municipal election,
nor within twenty months after the wards have been established or altered.
Whenever such city is so divided into wards, the city council shall designate
by ordinance the number of councilmen to be elected from each ward,
apportioning the same in proportion to the population of the wards. Thereafter
the councilmen so designated shall be elected by the qualified electors
resident in such ward, or by general vote of the whole city as may be
designated in such ordinance. When additional territory is added to the city
it may by act of the council, be annexed to contiguous wards without affecting
the right to redistrict at the expiration of twenty months after last previous
division. The removal of a councilman from the ward for which he was elected
shall create a vacancy in such office;
(12))) To impose fines, penalties and forfeitures for
any and all violations of ordinances, and for any breach or violation of any
ordinance to fix the penalty by fine or imprisonment, or both, but no such fine
shall exceed five thousand dollars nor the term of such imprisonment exceed the
term of one year; or to provide that violations of ordinances constitute a
civil violation subject to monetary penalty;
(((13))) (12)
To establish fire limits, with proper regulations;
(((14))) (13)
To establish and maintain a free public library;
(((15))) (14)
To establish and regulate public markets and market places;
(((16))) (15)
To punish the keepers and inmates and lessors of houses of ill fame, gamblers
and keepers of gambling tables, patrons thereof or those found loitering about
such houses and places;
(((17))) (16)
To make all such ordinances, bylaws, rules, regulations and resolutions, not
inconsistent with the Constitution and laws of the state of Washington, as may
be deemed expedient to maintain the peace, good government and welfare of the
corporation and its trade, commerce and manufactures, and to do and perform any
and all other acts and things necessary or proper to carry out the provisions
of this chapter, and to enact and enforce within the limits of such city all
other local, police, sanitary and other regulations as do not conflict with
general laws;
(((18))) (17)
To license steamers, boats and vessels used in any bay or other watercourse in
the city and to fix and collect such license; to provide for the regulation of
berths, landings, and stations, and for the removing of steamboats, sail boats,
sail vessels, rafts, barges and other watercraft; to provide for the removal of
obstructions to navigation and of structures dangerous to navigation or to
other property, in or adjoining the waterfront, except in municipalities in
counties in which there is a city of the first class.
Sec. 27. RCW 35.27.100 and 1965 c 7 s 35.27.100 are each amended to read as follows:
All elections in towns
shall be held in accordance with the general election laws of the state((,
so far as the same may be applicable; and no person shall be entitled to vote
at such election, unless he is a qualified elector of the county, and has
resided in the town for at least thirty days next preceding the election)).
Sec. 28. RCW 35.27.140 and 1965 c 7 s 35.27.140 are each amended to read as follows:
((If a member of))
The council of a town may declare a council position vacant if that
councilmember is absent from the town for three consecutive council
meetings ((unless by)) without the permission of the council ((his
office shall be declared vacant by the council. A vacancy in the office of
mayor and vacancies in the council shall be filled by a majority vote of the
council)). In addition, a vacancy in an elective office shall occur and
shall be filled as provided in chapter 42.12 RCW.
A vacancy in any other
office shall be filled by appointment by the mayor. ((An appointee filling
the vacancy in an elective office shall hold office only until the next general
election at which time a person shall be elected to serve for the remainder of
the unexpired term except that the person appointed to fill a vacancy in the
office of mayor shall serve for the unexpired term.))
Sec. 29. RCW 35.61.050 and 1979 ex.s. c 126 s 24 are each amended to read as follows:
At the same election at
which the proposition is submitted to the voters as to whether a metropolitan
park district is to be formed, five park commissioners shall be elected ((to
hold office respectively for the following terms: Where the election is held
in an odd-numbered year, one commissioner shall be elected to hold office for
two years, two shall be elected to hold office for four years, and two shall be
elected to hold office for six years. Where the election is held in an
even-numbered year, one commissioner shall hold office for three years, two
shall hold office for five years, and two shall hold office for seven years)).
The election of park commissioners shall be null and void if the
metropolitan park district is not created. Candidates shall run for specific
commission positions. No primary shall be held to nominate candidates. The
person receiving the greatest number of votes for each position shall be
elected as a commissioner. The staggering of the terms of office shall occur
as follows: (1) The two persons who are elected receiving the two greatest
numbers of votes shall be elected to six-year terms of office if the election
is held in an odd-numbered year or five-year terms of office if the election is
held in an even-numbered year; (2) the two persons who are elected receiving
the next two greatest numbers of votes shall be elected to four-year terms of
office if the election is held in an odd-numbered year or three-year terms of
office if the election is held in an even-numbered year; and (3) the other
person who is elected shall be elected to a two-year term of office if the
election is held in an odd-numbered year or a one-year term of office if the
election is held in an even-numbered year. The initial commissioners shall
take office immediately when they are elected and qualified, and for purposes
of computing their terms of office the terms shall be assumed to commence on
the first day of January ((of)) in the year after they are
elected. ((The term of each nominee for park commissioner shall be
expressed on the ballot.)) Thereafter, all commissioners shall ((serve))
be elected to six-year terms of office ((and)). All
commissioners shall serve until their respective successors are elected and
qualified and assume office in accordance with RCW 29.04.170. Vacancies shall
occur and shall be filled ((by majority action of the remaining
commissioners appointing a voter to fill the remainder of the term of the
vacant commissioner position)) as provided in chapter 42.12 RCW.
Sec. 30. RCW 35A.01.070 and 1979 ex.s. c 18 s 1 are each amended to read as follows:
Where used in this title with reference to procedures established by this title in regard to a change of plan or classification of government, unless a different meaning is plainly required by the context:
(1) "Classify" means a change from a city of the first, second, or third class, or a town, to a code city.
(2) "Classification" means either that portion of the general law under which a city or a town operates under Title 35 RCW as a first, second, or third class city, unclassified city, or town, or otherwise as a code city.
(3) "Organize" means to provide for officers after becoming a code city, under the same general plan of government under which the city operated prior to becoming a code city, pursuant to RCW 35A.02.055.
(4) "Organization" means the general plan of government under which a city operates.
(5) "Plan of
government" means ((either the)) a mayor-council form of
government under chapter 35A.12 RCW, council-manager form of government
under chapter 35A.13 RCW, or a mayor-council, council-manager, or
commission form of government in general that is retained by a noncharter
code city as provided in RCW 35A.02.130, without regard to variations in
the number of elective offices or whether officers are elective or appointive.
(6) "Reclassify" means changing from a code city to the classification, if any, held by such a city immediately prior to becoming a code city.
(7) "Reclassification" means changing from city or town operating under Title 35 RCW to a city operating under Title 35A RCW, or vice versa; a change in classification.
(8) "Reorganize" means changing the plan of government under which a city or town operates to a different general plan of government, for which an election of new officers under RCW 35A.02.050 is required. A city or town shall not be deemed to have reorganized simply by increasing or decreasing the number of members of its legislative body.
(9) "Reorganization" means a change in general plan of government where an election of all new officers is required in order to accomplish this change, but an increase or decrease in the number of members of its legislative body shall not be deemed to constitute a reorganization.
Sec. 31. RCW 35A.02.050 and 1979 ex.s. c 18 s 7 are each amended to read as follows:
The first election of
officers where required for reorganization under a different general plan of
government newly adopted in a manner provided in RCW 35A.02.020, 35A.02.030,
35A.06.030, or 35A.06.060, as now or hereafter amended, shall be at the next
general municipal election if one is to be held more than ninety days but not
more than one hundred and eighty days after certification of a reorganization
ordinance or resolution, or otherwise at a special election to be held for that
purpose in accordance with RCW 29.13.020. In the event that the first election
of officers ((as herein provided)) is to be held at a general municipal
election, such election shall be preceded by a primary election pursuant to RCW
29.21.010 and 29.13.070. In the event that the first election of all officers
((as herein provided)) is to be held at a special election rather than
at a general election, and notwithstanding any provisions of any other law to
the contrary, such special election shall be preceded by a primary election to
be held on a date authorized by RCW 29.13.010, and the persons nominated at
that primary election shall be voted upon at the next succeeding special
election that is authorized by RCW 29.13.010: PROVIDED, That in the event the
ordinances calling for reclassification or reclassification and reorganization
under the provisions of Title 35A RCW have been filed with the secretary of
state pursuant to RCW 35A.02.040 in an even-numbered year at least ninety days
prior to a state general election then the election of new officers shall be
concurrent with the state primary and general election and shall be conducted
as set forth in ((chapter 35A.29 RCW)) general election law.
Upon reorganization,
candidates for all offices shall file or be nominated for and successful
candidates shall be elected to specific council positions((, and an)).
The initial terms ((or)) of office for those elected
at a first election of all officers ((to positions one and two for a five
member council, or positions one through three for a seven member council,
shall if the election occurs at a general municipal election be only until the
second Monday in January first following the next general municipal election
two years hence and if the election occurs at a special election, the duration
of these initial terms shall be until the second Monday in January in the first
even-numbered year that follows the next general municipal election. The duration
of the initial term attaching to the remaining councilmanic positions shall be
until the second Monday in January two years next thereafter, so that staggered
regular four year terms will ultimately result. Any declarations of candidacy
for any primary or other election held pursuant to this section shall be filed
as provided in RCW 35A.29.110 as now or hereafter amended)) shall be as
follows: (1) A simple majority of the persons who are elected as
councilmembers receiving the greatest numbers of votes and the mayor in a city
with a mayor-council plan of government shall be elected to four-year terms of
office, if the election is held in an odd-numbered year, or three-year terms of
office, if the election is held in an even-numbered year; and (2) the other
persons who are elected as councilmembers shall be elected to two-year terms of
office, if the election is held in an odd-numbered year, or one-year terms of
office, if the election is held in an even-numbered year. The newly elected
officials shall take office immediately when they are elected and qualified,
but the length of their terms of office shall be calculated from the first day
of January in the year following the election. Thereafter, each person elected
as a councilmember or mayor in a city with a mayor-council plan of government
shall be elected to a four-year term of office. Each councilmember and mayor
in a city with a mayor-council plan of government shall serve until a successor
is elected and qualified and assumes office as provided in RCW 29.04.170.
The former officers
shall, upon the election and qualification of new officers, deliver to the
proper officers of the reorganized noncharter code city all books of record,
documents and papers in their possession belonging to such municipal
corporation before the reorganization thereof. ((Officers elected at the
first election of officers held pursuant to this amendatory act shall assume
office as soon as the election returns have been certified.))
Sec. 32. RCW 35A.02.130 and 1967 ex.s. c 119 s 35A.02.130 are each amended to read as follows:
Any incorporated city or town governed under a plan of government authorized prior to the time this title takes effect may become a noncharter code city without changing such plan of government by the use of the petition-for-election or resolution-for-election procedures provided in RCW 35A.02.060 and 35A.02.070 to submit to the voters a proposal that such municipality adopt the classification of noncharter code city while retaining its existing plan of government, and upon a favorable vote on the proposal, such municipality shall be classified as a noncharter code city and retain its old plan of government, such reclassification to be effective upon the filing of the record of such election with the office of the secretary of state. Insofar as the provisions of RCW 35A.02.100 and 35A.02.110 are applicable to an election on such a reclassification proposal they shall apply to such election.
Sec. 33. RCW 35A.06.020 and 1967 ex.s. c 119 s 35A.06.020 are each amended to read as follows:
The classifications of
municipalities which existed prior to the time this title goes into effect‑-first
class city, second class city, third class ((and fourth class))
city, town, and unclassified city‑-and the restrictions,
limitations, duties, and obligations specifically imposed by law upon such
classes of cities and towns, shall have no application to noncharter code
cities, but every noncharter code city, by adopting such classification, has
elected to be governed by the provisions of this title, with the powers granted
hereby. However, any code city that retains its old plan of government is
subject to the laws applicable to that old plan of government until the city
changes its plan of government to the provisions of either chapter 35A.12 or
35A.13 RCW.
Sec. 34. RCW 35A.06.030 and 1979 ex.s. c 18 s 14 are each amended to read as follows:
By use of the
resolution for election or petition for election methods described in RCW
35A.06.040, any noncharter code city which has operated for more than six
consecutive years under one of the optional plans of government authorized by
this title, or for more than a combined total of six consecutive years under a
particular plan of government both as a code city and under the same general
plan under Title 35 RCW immediately prior to becoming a code city, may abandon
such organization and may reorganize and adopt another plan of government
authorized for noncharter code cities, but only after having been a noncharter
code city for more than one year or a city after operating for more than six
consecutive years under a particular plan of government as a noncharter code
city ((or may reclassify and adopt a plan of government authorized by the
general law for municipalities of the highest class for which the population of
such city qualifies it, or authorized for the class to which such city belonged
immediately prior to becoming a noncharter code city, if any)): PROVIDED,
That these limitations shall not apply to a city seeking to adopt a charter.
In reorganization under a different general plan of government as a noncharter code city, officers shall all be elected as provided in RCW 35A.02.050. When a noncharter code city adopts a plan of government other than those authorized under Title 35A RCW, such city ceases to be governed under this optional municipal code and shall be classified as a city or town of the class selected in the proceeding for adoption of such new plan, with the powers granted to such class under the general law.
Sec. 35. RCW 35A.06.050 and 1979 ex.s. c 18 s 15 are each amended to read as follows:
The proposal for
abandonment of a plan of government as authorized in RCW 35A.06.030 and for
adoption of the plan named in the resolution or petition shall be voted upon at
the next general municipal election if one is to be held within one hundred and
eighty days or otherwise at a special election called for that purpose in
accordance with RCW 29.13.020. The ballot title and statement of the
proposition shall be prepared by the city attorney as provided in RCW 29.27.060
and 35A.29.120((, as now or hereafter amended. If the plan proposed in the
petition is not a plan authorized for noncharter code cities by this title, the
ballot statement shall clearly set forth that adoption of such plan by the
voters would require abandonment of the classification of noncharter code city
and that government would be under the general law relating to cities of the
class specified in the resolution or petition. If the plan proposed in the
petition is a plan authorized for noncharter code cities the ballot statement
shall clearly set forth that adoption of such plan by the voters would not
affect the eligibility of the noncharter code city to be governed under this
optional municipal code)).
Sec. 36. RCW 35A.12.010 and 1985 c 106 s 1 are each amended to read as follows:
The government of any
noncharter code city or charter code city electing to adopt the mayor-council
plan of government authorized by this chapter shall be vested in an elected
mayor and an elected council. The council of a noncharter code city having
less than twenty-five hundred inhabitants shall consist of five members; when
there are twenty-five hundred or more inhabitants, the council shall consist of
seven members: PROVIDED, That if the population of a city after having become
a code city decreases from twenty-five hundred or more to less than twenty-five
hundred, it shall continue to have a seven member council. If, after a city
has become a mayor-council code city, its population increases to twenty-five
hundred or more inhabitants, the number of councilmanic offices in such city
may increase from five to seven members upon the affirmative vote of a majority
of the existing council to increase the number of councilmanic offices in the
city. When the population of a mayor-council code city having five
councilmanic offices increases to five thousand or more inhabitants, the number
of councilmanic offices in the city shall increase from five to seven members.
In the event of an increase in the number of councilmanic offices, the city
council shall, by majority vote, pursuant to RCW 35A.12.050, appoint two
persons to serve in these offices until the next municipal general election, at
which election one person shall be elected for a two-year term and one person
shall be elected for a four-year term. The number of inhabitants shall be
determined by the most recent official state or federal census or determination
by the state office of financial management. A charter adopted under the
provisions of this title, incorporating the mayor-council plan of government
set forth in this chapter, may provide for an uneven number of ((councilmen))
councilmembers not exceeding eleven.
A noncharter code city of less than five thousand inhabitants which has elected the mayor-council plan of government and which has seven councilmanic offices may establish a five-member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old mayor-council plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government.
Sec. 37. RCW 35A.12.040 and 1979 ex.s. c 18 s 21 are each amended to read as follows:
Officers shall be
elected at biennial municipal elections to be conducted as provided in chapter
35A.29 RCW. The mayor and the ((councilmen)) councilmembers
shall be elected for four-year terms of office and until their
successors are elected and qualified((; except that at any first election
three councilmen in cities having seven councilmen, and two councilmen in
cities having five councilmen, shall be elected for two year terms and the
remaining councilmen shall be elected for four year terms)) and assume
office in accordance with RCW 29.04.170. At any first election upon
reorganization, councilmembers shall be elected as provided in RCW 35A.02.050.
Thereafter the requisite number of ((councilmen)) councilmembers
shall be elected biennially as the terms of their predecessors expire and shall
serve for terms of four years. The positions to be filled on the city council
shall be designated by consecutive numbers and shall be dealt with as separate
offices for all election purposes((, as provided in RCW 35A.29.105. In any
city which holds its first election under this title in the calendar year 1970,
candidates elected for two year terms shall hold office until their successors
are elected and qualified at the general municipal election to be held in
November, 1973 and candidates elected for four year terms shall hold office
until their successors are elected and qualified at the general municipal
election to be held in November, 1975)). Election to positions on the
council shall be by majority vote from the city at large, unless provision is
made by charter or ordinance for election by wards. ((The city council
shall be the judge of the qualifications of its members and determine contested
elections of city officers, subject to review by certiorari as provided by law.))
The mayor and ((councilmen)) councilmembers shall qualify by
taking an oath or affirmation of office and as may be provided by law, charter,
or ordinance.
Sec. 38. RCW 35A.12.050 and 1967 ex.s. c 119 s 35A.12.050 are each amended to read as follows:
The office of a mayor
or ((councilman)) councilmember shall become vacant if ((he))
the person who is elected or appointed to that position fails to qualify
as provided by law ((or)), fails to enter upon ((his)) the
duties of that office at the time fixed by law without a justifiable
reason, ((upon his death, resignation, removal from office by recall as
provided by law, or when his office is forfeited)) or as provided in
RCW 35A.12.060 or 42.12.010. A vacancy in the office of mayor or in the
council shall be filled ((for the remainder of the unexpired term, if any,
at the next regular municipal election but the council, or the remaining
members thereof, by majority vote shall appoint a qualified person to fill the
vacancy until the person elected to serve the remainder of the unexpired term
takes office. If at any time the membership of the council is reduced below
the number required for a quorum, the remaining members, nevertheless, by
majority action may appoint additional members to fill the vacancies until
persons are elected to serve the remainder of the unexpired terms. If, after
thirty days have passed since the occurrence of a vacancy, the council are
unable to agree upon a person to be appointed to fill a vacancy in the council,
the mayor may make the appointment from among the persons nominated by members
of the council)) as provided in chapter 42.12 RCW.
Sec. 39. RCW 35A.12.060 and 1967 ex.s. c 119 s 35A.12.060 are each amended to read as follows:
((A mayor or
councilman shall forfeit his office, creating a vacancy, if he ceases to have
the qualifications prescribed for such office by law, charter, or ordinance, or
if he is convicted of a crime involving moral turpitude or an offense involving
a violation of his oath of office. A councilman also shall forfeit his office
if he)) In addition a council position shall become vacant if the
councilmember fails to attend three consecutive regular meetings of the council
without being excused by the council.
Sec. 40. RCW 35A.12.180 and 1967 ex.s. c 119 s 35A.12.180 are each amended to read as follows:
(1) At any time
not within three months previous to a municipal general election the council of
a noncharter code city organized under this chapter may divide the city into
wards or change the boundaries of existing wards. No change in the boundaries
of wards shall affect the term of any ((councilman, but he)) councilmember,
and councilmembers shall serve out ((his)) their terms
in the wards of ((his)) their residences at the
time of ((his)) their elections: PROVIDED, That if this
results in one ward being represented by more ((councilmen)) councilmembers
than the number to which it is entitled those having the shortest unexpired
terms shall be assigned by the council to wards where there is a vacancy,
and the councilmembers so assigned shall be deemed to be residents of the wards
to which they are assigned for purposes of those positions being vacant.
The representation of each ward in the city council shall be in proportion to
the population as nearly as is practicable. ((When the city has been
divided into wards no person shall be eligible to the office of councilman
unless he resides in the ward for which he is elected on the date of his
election, and removal of his residence from the ward for which he was elected
renders his office vacant.))
Wards shall be redrawn as provided in chapter 29.70 RCW. Wards shall be used as follows: (a) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (b) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1993, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so.
(2) If on the effective date of this section or thereafter, a ward represented by more than one councilmember does not have at least one councilmember elected to office at each municipal election, then the council may change the terms of or renumber councilmember positions to be filled at the next general election if necessary, so that at least one councilmember within the ward is elected to office at each municipal general election, and the city complies with RCW 35A.12.040. The council shall determine by lot which councilmember positions shall be renumbered or terms changed prior to the date for filing declarations of candidacy for election to councilmember positions.
Sec. 41. RCW 35A.13.010 and 1987 c 3 s 16 are each amended to read as follows:
The ((councilmen))
councilmembers shall be the only elective officers of a code city
electing to adopt the council-manager plan of government authorized by this
chapter, except where statutes provide for an elective municipal judge. The
council shall appoint an officer whose title shall be "city manager"
who shall be the chief executive officer and head of the administrative branch
of the city government. The city manager shall be responsible to the council
for the proper administration of all affairs of the code city. The council of
a noncharter code city having less than twenty-five hundred inhabitants shall
consist of five members; when there are twenty-five hundred or more inhabitants
the council shall consist of seven members: PROVIDED, That if the population
of a city after having become a code city decreases from twenty-five hundred or
more to less than twenty-five hundred, it shall continue to have a seven member
council. If, after a city has become a council-manager code city its
population increases to twenty-five hundred or more inhabitants, the number of
councilmanic offices in such city may increase from five to seven members upon
the affirmative vote of a majority of the existing council to increase the
number of councilmanic offices in the city. When the population of a
council-manager code city having five councilmanic offices increases to five
thousand or more inhabitants, the number of councilmanic offices in the city
shall increase from five to seven members. In the event of an increase in the
number of councilmanic offices, the city council shall, by majority vote,
pursuant to RCW 35A.13.020, appoint two persons to serve in these offices until
the next municipal general election, at which election one person shall be
elected for a two-year term and one person shall be elected for a four-year
term. The number of inhabitants shall be determined by the most recent
official state or federal census or determination by the state office of
financial management. A charter adopted under the provisions of this title,
incorporating the council-manager plan of government set forth in this chapter
may provide for an uneven number of ((councilmen)) councilmembers
not exceeding eleven.
A noncharter code city of less than five thousand inhabitants which has elected the council-manager plan of government and which has seven councilmanic offices may establish a five-member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old council-manager plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government.
Sec. 42. RCW 35A.13.020 and 1975 1st ex.s. c 155 s 1 are each amended to read as follows:
In council-manager code
cities, eligibility for election to the council, the manner of electing
councilmen, the numbering of council positions, the terms of councilmen, the
occurrence and the filling of vacancies, the grounds for forfeiture of office,
and appointment of a mayor pro tempore or deputy mayor or councilman pro
tempore shall be governed by the corresponding provisions of RCW 35A.12.030,
35A.12.040, 35A.12.050, 35A.12.060, and 35A.12.065 relating to the council of a
code city organized under the mayor-council plan((: PROVIDED, That)),
except that in council-manager cities where all council positions are
at-large positions, the city council may, pursuant to RCW 35A.13.033, provide
that the person elected to council position one ((on or after September 8,
1975,)) shall be the council chairman and shall carry out the duties
prescribed by RCW 35A.13.030((, as now or hereafter amended)).
Sec. 43. RCW 35A.14.060 and 1967 ex.s. c 119 s 35A.14.060 are each amended to read as follows:
An annexation election
shall be held in accordance with ((chapter 35A.29 RCW of this title)) general
election law and only registered voters who have resided in the area
proposed to be annexed for ninety days immediately preceding the election shall
be allowed to vote therein.
Sec. 44. RCW 35A.14.070 and 1979 ex.s. c 124 s 4 are each amended to read as follows:
Notice of an annexation
election shall particularly describe the boundaries of the area proposed to be
annexed, as the same may have been modified by the boundary review board or the
county annexation review board, state the objects of the election as prayed in
the petition or as stated in the resolution, and require the voters to cast
ballots which shall contain the words "For Annexation" or "Against
Annexation" or words equivalent thereto, or contain the words "For
Annexation and Adoption of Proposed Zoning Regulation", and "Against
Annexation and Adoption of Proposed Zoning Regulation", or words
equivalent thereto in case the simultaneous adoption of a proposed zoning
regulation is proposed, and in case the assumption of all or a portion of
indebtedness is proposed, shall contain an appropriate, separate proposition
for or against the portion of indebtedness that the city requires to be
assumed. The notice shall be posted for at least two weeks prior to the date
of election in four public places within the area proposed to be annexed and
published at least once a week for two weeks prior to the date of election in a
newspaper of general circulation within the limits of the territory proposed to
be annexed. Such notice shall be in addition to the notice required by ((RCW
35A.29.140)) general election law.
Sec. 45. RCW 35A.15.040 and 1967 ex.s. c 119 s 35A.15.040 are each amended to read as follows:
((The election shall
be conducted and the returns canvassed as provided in chapter 35A.29 RCW.))
Ballot titles shall be prepared by the city as provided in RCW 35A.29.120 and
shall contain the words "For Dissolution" and "Against Dissolution",
and shall contain on separate lines, alphabetically, the names of candidates
for receiver. If a majority of the votes cast on the proposition are for
dissolution, the municipal corporation shall be dissolved upon certification of
the election results to the office of the secretary of state.
Sec. 46. RCW 35A.16.030 and 1967 ex.s. c 119 s 35A.16.030 are each amended to read as follows:
((The election
returns shall be canvassed as provided in RCW 35A.29.070 and)) If
three-fifths of the votes cast on the proposition favor the reduction of the
corporate limits, the ((legislative body, by an order entered on its
minutes, shall direct the clerk to)) county auditor shall make and
transmit to the office of the secretary of state a certified abstract of the
vote.
NEW SECTION. Sec. 47. A new section is added to chapter 35A.29 RCW to read as follows:
Elections for code cities shall comply with general election law.
Sec. 48. RCW 36.69.020 and 1969 c 26 s 2 are each amended to read as follows:
The formation of a park
and recreation district shall be initiated by a petition designating the
boundaries thereof by metes and bounds, or by describing the land to be
included therein by townships, ranges and legal subdivisions. Such petition
shall set forth the object of the district and state that it will be conducive
to the public welfare and convenience, and that it will be a benefit to the
area therein. Such petition shall be signed by not less than fifteen percent
of the registered voters residing within the area so described. ((No
person signing the petition may withdraw his name therefrom after filing.))
The name of a person who has signed the petition may not be withdrawn from
the petition after the petition has been filed.
The petition shall be
filed with the auditor of the county within which the proposed district is
located, accompanied by an obligation signed by two or more petitioners,
agreeing to pay the cost of the publication of the notice provided for in RCW
36.69.040. The county auditor shall, within thirty days from the date of
filing the petition, examine the signatures and certify to the sufficiency or
insufficiency thereof((; and for that purpose shall have access to all
registration books or records in the possession of the registration officers of
the election precincts included, in whole or in part, within the proposed
district. Such books and records shall be prima facie evidence of the truth of
the certificate)).
If the petition is
found to contain a sufficient number of signatures of qualified persons, the
auditor shall transmit it, together with ((his)) a certificate of
sufficiency attached thereto, to the county ((commissioners who)) legislative
authority, which shall by resolution entered upon ((their)) its
minutes((,)) receive it and fix a day and hour when ((they)) the
legislative authority will publicly hear the petition, as provided in RCW
36.69.040.
Sec. 49. RCW 36.69.070 and 1979 ex.s. c 126 s 28 are each amended to read as follows:
((All elections
pursuant to this chapter shall be conducted in accordance with the provisions
of chapter 29.13 RCW for district elections.)) A ballot proposition
authorizing the formation of the proposed park and recreation district shall be
submitted to the voters of the proposed district for their approval or
rejection at the next general state election occurring sixty or more days after
the county legislative authority fixes the boundaries of the proposed district.
Notices of the election for the formation of the park and recreation district
shall state generally and briefly the purpose thereof and shall give the
boundaries of the proposed district((, define the election precincts,
designate the polling place of each, give the names of the five nominated park
and recreation commissioner candidates of the proposed district,)) and name
the day of the election and the hours during which the polls will be open. The
proposition to be submitted to the voters shall be stated in such manner that
the voters may indicate yes or no upon the proposition of forming the proposed
park and recreation district. ((The ballot shall be so arranged that voters
may vote for the five nominated candidates or may write in the names of other
candidates.))
The initial park and recreation commissioners shall be elected at the same election, but this election shall be null and void if the district is not authorized to be formed. No primary shall be held to nominate candidates for the initial commissioner positions. Candidates shall run for specific commission positions. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person who receives the greatest number of votes for each commission position shall be elected to that position. The three persons who are elected receiving the greatest number of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year or three-year terms of office if the election is held in an even-numbered year. The other two persons who are elected shall be elected to two-year terms of office if the election is held in an odd-numbered year or one-year terms of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately upon being elected and qualified, but the length of such terms shall be computed from the first day of January in the year following this election.
Sec. 50. RCW 36.69.080 and 1979 ex.s. c 126 s 29 are each amended to read as follows:
If a majority of all
votes cast upon the proposition favors the formation of the district, (([the]))
the county legislative authority shall(([,])), by
resolution, declare the territory organized as a park and recreation district
under the designated name ((theretofore designated, and shall declare
the candidate from each subdivision receiving the highest number of votes for
park and recreation commissioner the duly elected first park and recreation
commissioner of the subdivision of the district. These initial park and
recreation commissioners shall take office immediately upon their election and
qualification and hold office until their successors are elected and qualified
and assume office as provided in RCW 36.69.090 as now or hereafter amended)).
Sec. 51. RCW 36.69.090 and 1987 c 53 s 1 are each amended to read as follows:
A park and recreation district shall be governed by a board of five commissioners. Except for the initial commissioners, all commissioners shall be elected to staggered four-year terms of office and shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. Candidates shall run for specific commissioner positions.
Elections for park and
recreation district commissioners shall be held biennially in conjunction with
the general election in each odd-numbered year. ((Residence anywhere within
the district shall qualify an elector for any position on the commission after
the initial election.)) Elections shall be held in accordance with the
provisions of Title 29 RCW dealing with general elections. ((All
commissioners shall serve until their successors are elected and qualified and
assume office in accordance with RCW 29.04.170. At the first election
following the formation of the district, the two candidates receiving the
highest number of votes shall serve for terms of four years, and the three
candidates receiving the next highest number of votes shall serve for two
years. Thereafter all commissioners shall be elected for four year terms:
PROVIDED, That if there would otherwise be two commissioners elected at the
November 1987 general election, the candidate receiving the highest number of
votes shall serve a four-year term, and the commissioner receiving the second
highest number of votes shall serve a two-year term.))
Sec. 52. RCW 36.69.100 and 1963 c 4 s 36.69.100 are each amended to read as follows:
Vacancies on the board
of park and recreation commissioners shall occur and shall be filled ((by
a majority vote of the remaining commissioners)) as provided in chapter
42.12 RCW.
Sec. 53. RCW 36.69.440 and 1979 ex.s. c 11 s 3 are each amended to read as follows:
(1) If the petition filed under RCW 36.69.430 is found to contain a sufficient number of signatures, the legislative authority of each county shall set a time for a hearing on the petition for the formation of a park and recreation district as prescribed in RCW 36.69.040.
(2) At the public
hearing the legislative authority ((for each authority)) for each county
shall fix the boundaries for that portion of the proposed park and recreation
district that lies within the county as provided in RCW 36.69.050. Each county
shall notify the other county or counties of the determination of the
boundaries within ten days.
(3) If the territories created by the county legislative authorities are not contiguous, a joint park and recreation district shall not be formed. If the territories are contiguous, the county containing the portion of the proposed joint district having the larger population shall determine the name of the proposed joint district.
(4) ((If the
proposed district encompasses portions of two counties, the county containing
the portion of the district having the larger population shall divide the
territory into three subdivisions and shall name three resident electors as
prescribed by RCW 36.69.060. The county containing the territory having the
smaller population shall divide that territory into two subdivisions and name
two resident electors.
(5) If the proposed
district encompasses portions of more than two counties, the district shall be
divided into five subdivisions and resident electors shall be named as follows:
The number of
subdivisions and resident electors to be established by each county shall
reflect the proportion of population within each county portion of the proposed
district in relation to the total population of the proposed district, provided
that each county shall designate one subdivision and one resident elector.
(6))) The proposition for the formation of the
proposed joint park and recreation district shall be submitted to the voters of
the district at the next general election, which election shall be conducted as
required by RCW 36.69.070 and 36.69.080.
Sec. 54. RCW 52.14.010 and 1985 c 330 s 2 are each amended to read as follows:
The affairs of the
district shall be managed by a board of fire commissioners composed of three ((resident
electors of)) registered voters residing in the district except as
provided in RCW 52.14.015 and 52.14.020. Each member shall each receive fifty
dollars per day or portion thereof, not to exceed four thousand eight hundred
dollars per year, for attendance at board meetings and for performance of other
services in behalf of the district.
In addition, they shall
receive necessary expenses incurred in attending meetings of the board or when
otherwise engaged in district business, and shall be entitled to receive the
same insurance available to all ((firemen)) fire fighters of the
district: PROVIDED, That the premiums for such insurance, except liability
insurance, shall be paid by the individual commissioners who elect to receive
it.
Any commissioner 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 secretary as provided in this section. The waiver, to be
effective, must be filed any time after the commissioner's election and prior
to the date on which ((said)) the compensation would otherwise be
paid. The waiver shall specify the month or period of months for which it is
made.
The board shall fix the
compensation to be paid the secretary and all other agents and employees of the
district. The board may, by resolution adopted by unanimous vote, authorize
any of its members to serve as volunteer ((firemen)) fire fighters
without compensation. A commissioner actually serving as a volunteer ((fireman))
fire fighter may enjoy the rights and benefits of a volunteer ((fireman))
fire fighter. ((The first commissioners shall take office
immediately when qualified in accordance with RCW 29.01.135 and shall serve
until after the next general election for the selection of commissioners and
until their successors have been elected and have qualified and have assumed
office in accordance with RCW 29.04.170.))
Sec. 55. RCW 52.14.015 and 1990 c 259 s 14 are each amended to read as follows:
In the event a three
member board of commissioners of any fire protection district determines by
resolution ((and approves by unanimous vote of the board)) that it would
be in the best interest of the district to increase the number of commissioners
from three to five, or in the event the board is presented with a petition
signed by ten percent of the registered voters resident within the district who
voted in the last general municipal election calling for such an increase in
the number of commissioners of the district, the board shall submit a
resolution to the county legislative authority or authorities of the county or
counties in which the district is located requesting that an election be held.
Upon receipt of the resolution, the legislative authority or authorities of the
county or counties shall call a special election to be held within the fire
protection district at which election the following proposition shall be
submitted to the voters substantially as follows:
Shall the board of commissioners of . . . . . county fire protection district no. . . . . . be increased from three members to five members?
Yes . . . . .
No . . . . . .
If the fire protection district is located in more than a single county, this proposition shall indicate the name of the district.
If the proposition receives a majority approval at the election, the board of commissioners of the fire protection district shall be increased to five members. The two additional members shall be appointed in the same manner as provided in RCW 52.14.020.
Sec. 56. RCW 52.14.030 and 1984 c 230 s 31 are each amended to read as follows:
((The polling places
for district elections shall be those of the county voting precincts which
include any of the territory within the fire protection districts. District
elections)) The polling places for a fire protection district election
may be located inside or outside the boundaries of the district ((and)),
as determined by the auditor of the county in which the fire protection
district is located, and the elections of the fire protection district
shall not be held to be irregular or void on that account.
Sec. 57. RCW 52.14.050 and 1989 c 63 s 21 are each amended to read as follows:
((In the event of a
vacancy occurring in the office of fire commissioner, the vacancy shall, within
sixty days, be filled by appointment of a resident elector of the district by a
vote of the remaining fire commissioners. If the board of commissioners fails
to fill the vacancy within the sixty-day period, the county legislative
authority of the county in which all, or the largest portion, of the district
is located shall make the appointment. If the number of vacancies is such that
there is not a majority of the full number of commissioners in office as fixed
by law, the county legislative authority of the county in which all, or the
largest portion, of the district is located shall appoint someone to fill each
vacancy, within thirty days of each vacancy, that is sufficient to create a
majority as prescribed by law.
An appointee shall
serve ad interim until a successor has been elected and qualified at the next
general election as provided in chapter 29.21 RCW. A person who is so elected
shall take office immediately after he or she is qualified and shall serve for
the remainder of the unexpired term.))
Vacancies on a board
of fire commissioners shall occur as provided in chapter 42.12 RCW. In
addition, if a fire commissioner is absent from the district for three
consecutive regularly scheduled meetings unless by permission of the board, the
office shall be declared vacant by the board of commissioners ((and the
vacancy shall be filled as provided for in this section)). However, such
an action shall not be taken unless the commissioner is notified by mail after
two consecutive unexcused absences that the position will be declared vacant if
the commissioner is absent without being excused from the next regularly
scheduled meeting. Vacancies ((additionally shall occur)) on a board
of fire commissioners shall be filled as provided in chapter 42.12 RCW.
Sec. 58. RCW 52.14.060 and 1989 c 63 s 22 are each amended to read as follows:
The initial three
members of the board of fire commissioners shall be elected at the same
election as when the ballot proposition is submitted to the voters authorizing
the creation of the fire protection district. If the district is not
authorized to be created, the election of the initial fire commissioners shall
be null and void. If the district is authorized to be created, the initial
fire commissioners shall take office immediately when qualified. Candidates
shall file for each of the three separate fire commissioner positions.
Elections shall be held as provided in chapter 29.21 RCW, with the county
auditor opening up a special filing period as provided in RCW ((29.21.360
and 29.21.370)) 29.15.170 and 29.15.180, as if there were a
vacancy. The ((candidate for each position)) person who receives
the greatest number of votes for each position shall be elected to that
position. ((If the election is held in an odd-numbered year, the winning
candidate receiving the highest number of votes shall hold office for a term of
six years, the winning candidate receiving the next highest number of votes
shall hold office for a term of four years, and the candidate receiving the
next highest number of votes shall serve for a term of two years. If the
election were held in an even-numbered year, the winning candidate receiving
the greatest number of votes shall hold office for a term of five years, the
winning candidate receiving the next highest number of votes shall hold office
for a term of three years, and the winning candidate receiving the next highest
number of votes shall hold office for a term of one year.)) The terms of
office of the initial fire commissioners shall be staggered as follows: (1)
The person who is elected receiving the greatest number of votes shall be
elected to a six-year term of office if the election is held in an odd-numbered
year or a five-year term of office if the election is held in an even-numbered
year; (2) the person who is elected receiving the next greatest number of votes
shall be elected to a four-year term of office if the election is held in an
odd-numbered year or a three-year term of office if the election is held in an even-numbered
year; and (3) the other person who is elected shall be elected to a two-year
term of office if the election is held in an odd-numbered year or a one-year
term of office if the election is held in an even-numbered year. The initial
commissioners shall take office immediately when elected and qualified and
their terms of office ((of the initially elected fire commissioners))
shall be calculated from the first day of January in the year following their
election.
The term of office of each subsequent commissioner shall be six years. Each commissioner shall serve until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.
Sec. 59. RCW 53.12.140 and 1959 c 17 s 9 are each amended to read as follows:
A vacancy in the office
of port commissioner shall occur ((by death, resignation, removal,
conviction of a felony,)) as provided in chapter 42.12 RCW or by
nonattendance at meetings of the port commission for a period of sixty days
unless excused by the port commission((, by any statutory disqualification,
or by any permanent disability preventing the proper discharge of his duty)).
A vacancy on a port commission shall be filled as provided in chapter 42.12
RCW.
Sec. 60. RCW 54.08.060 and 1979 ex.s. c 126 s 36 are each amended to read as follows:
Whenever a proposition
for the formation of a public utility district is to be submitted to voters in
any county, the county legislative authority may by resolution call a special
election, and at the request of petitioners for the formation of such district
contained in the petition shall do so and shall provide for holding the same at
the earliest practicable time. If the boundaries of the proposed district embrace
an area less than the entire county, such election shall be confined to the
area so included. The notice of such election shall state the boundaries of
the proposed district and the object of such election; in other respects, such
election shall be held and called in the same manner as provided by law for the
holding and calling of general elections: PROVIDED, That notice thereof shall
be given for not less than ten days nor more than thirty days prior to such
special election. In submitting the ((said)) proposition to the voters
for their approval or rejection, such proposition shall be expressed on the
ballots in substantially the following terms:
Public Utility District No. ......................... YES
Public Utility District No. ......................... NO
At the same special
election on the proposition to form a public utility district, there shall also
be an election for three public utility district commissioners((: PROVIDED,
That)). However, the election of such commissioners shall be null
and void if the proposition to form the public utility district does not
receive approval by a majority of the voters voting on the proposition. ((Nomination
for and election of public utility district commissioners shall conform with
the provisions of RCW 54.12.010 as now or hereafter amended, except for the day
of such election and the term of office of the original commissioners.)) No
primary shall be held. A special filing period shall be opened as provided in
RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes
for the commissioner of each commissioner district shall be elected as the
commissioner of that district. Commissioner districts shall be established as
provided in RCW 54.12.010. The terms of the initial commissioners shall be
staggered as follows: (1) The person who is elected receiving the greatest
number of votes shall be elected to a six-year term of office if the election
is held in an even-numbered year or a five-year term if the election is held in
an odd-numbered year; (2) the person who is elected receiving the next greatest
number of votes shall be elected to a four-year term of office if the election
is held in an even-numbered year or a three-year term of office if the election
is held in an odd-numbered year; and (3) the other person who is elected shall
be elected to a two-year term of office if the election is held in an
even-numbered year or a one-year term of office if the election is held in an
odd-numbered year. The commissioners first to be elected at such special
election shall ((hold office from the first day of the month following the
commissioners' election for the terms as specified in this section which terms
shall be computed from the first day in January next following the election. If
such special election was held in an even-numbered year, the commissioners
residing in commissioner district number one shall hold office for the term of
six years, the commissioner residing in commissioner district number two shall
hold office for the term of four years, and the commissioner residing in
commissioner district number three shall hold office for the term of two
years. If such special election was held in an odd-numbered year, the
commissioner residing in commissioner district number one shall hold office for
the term of five years, the commissioner residing in commissioner district
number two shall hold office for the term of three years, and the commissioner
residing in commissioner district number three shall hold office for the term of
one year)) assume office immediately when they are elected and
qualified, but the length of their terms of office shall be calculated from the
first day in January in the year following their elections.
The term "general election" as used herein means biennial general elections at which state and county officers in a noncharter county are elected.
Sec. 61. RCW 54.12.010 and 1990 c 59 s 109 are each amended to read as follows:
((Within ten days
after such election, the county canvassing board shall canvass the returns, and
if at such election a majority of the voters voting upon such proposition shall
vote in favor of the formation of such district, the canvassing board shall so
declare in its canvass of the returns of such election, and such public utility
district shall then be and become)) A public utility district that is
created as provided in RCW 54.08.010 shall be a municipal corporation of
the state of Washington, and the name of such public utility district shall be
Public Utility District No. . . . . of
. . . . . . County.
The powers of the public utility district shall be exercised through a commission consisting of three members in three commissioner districts, and five members in five commissioner districts.
When the public utility
district is ((coextensive with the limits of such county)) county-wide
and the county has three county legislative authority districts, then, at
the first election of commissioners and until any change shall have been made
in the boundaries of public utility district commissioner districts, one public
utility district commissioner shall be chosen from each of the three county ((commissioner))
legislative authority districts ((of the county in which the public
utility district is located if the county is not operating under a "Home
Rule" charter)). When the public utility district comprises only a
portion of the county, with boundaries established in accordance with chapter
54.08 RCW, or when the public utility district is ((located in a county
operating under a "Home Rule" charter)) county-wide and the
county does not have three county legislative authority districts, three
public utility district commissioner districts, numbered consecutively, ((having))
each with approximately equal population and ((boundaries,))
following ((ward and)) precinct lines, as far as practicable, shall be
described in the petition for the formation of the public utility district,
which shall be subject to appropriate change by the county legislative
authority if and when ((they)) it changes the boundaries
of the proposed public utility district, and one commissioner shall be elected
((from each of said)) as a commissioner of each of the public
utility district commissioner districts. ((In all five commissioner
districts an additional commissioner at large shall be chosen from each of the
two at large districts. No person shall be eligible to be elected to the
office of public utility district commissioner for a particular district commissioner
district unless he is a registered voter of the public utility district
commissioner district or at large district from which he is elected.)) Commissioner
districts shall be used as follows: (1) Only a registered voter who resides in
a commissioner district may be a candidate for, or hold office as, a
commissioner of the commissioner district; and (2) only voters of a
commissioner district may vote at a primary to nominate candidates for a
commissioner of the commissioner district. Voters of the entire public utility
district may vote at a general election to elect a person as a commissioner of
the commissioner district.
((Except as
otherwise provided,)) The term of office of each public utility
district commissioner other than the commissioners at large shall be six years,
and the term of each commissioner at large shall be four years. Each term
shall be computed in accordance with RCW 29.04.170 following the commissioner's
election. ((One commissioner at large and one commissioner from a commissioner
district shall be elected at each general election held in an even-numbered
year for the term of four years and six years respectively. All candidates
shall be voted upon by the entire public utility district.
When a public
utility district is formed, three public utility district commissioners shall
be elected at the same election at which the proposition is submitted to the
voters as to whether such public utility district shall be formed. If the
general election adopting the proposition to create the public utility district
was held in an even-numbered year, the commissioner residing in commissioner
district number one shall hold office for the term of six years; the
commissioner residing in commissioner district number two shall hold office for
the term of four years; and the commissioner residing in commissioner district
number three shall hold office for the term of two years. If the general
election adopting the proposition to create the public utility district was
held in an odd-numbered year, the commissioner residing in commissioner
district number one shall hold office for the term of five years, the
commissioner in district two shall hold office for the term of three years, and
the commissioner in district three shall hold office for the term of one year.
The commissioners first to be elected as above provided shall hold office from
the first day of the month following the commissioners' election and their
respective terms of office shall be computed from the first day of January next
following the election.))
All public utility
district commissioners shall hold office until their successors shall have been
elected and have qualified and assume office in accordance with RCW 29.04.170.
((A filing for nomination for public utility district commissioner shall be
accompanied by a petition signed by one hundred registered voters of the public
utility district which shall be certified by the county auditor to contain the
required number of registered voters, and shall otherwise be filed in accord
with the requirements of Title 29 RCW. At the time of filing such nominating
petition, the person so nominated shall execute and file a declaration of
candidacy subject to the provisions of Title 29 RCW, as now or hereafter
amended. The petition and each page of the petition shall state whether the
nomination is for a commissioner from a particular commissioner district or for
a commissioner at large and shall state the districts; otherwise it shall be
void.))
A vacancy in the office
of public utility district commissioner shall occur as provided in chapter
42.12 RCW or by ((death, resignation, removal, conviction of a felony,))
nonattendance at meetings of the public utility district commission for a
period of sixty days unless excused by the public utility district commission((,
by any statutory disqualification, or by any permanent disability preventing
the proper discharge of his duty. In the event of a vacancy in said office,
such vacancy shall be filled at the next general election held in an even-numbered
year, the vacancy in the interim to be filled by appointment by the remaining
commissioners. If more than one vacancy exists at the same time in a three
commissioner district, or more than two in a five commissioner district, a
special election shall be called by the county canvassing board upon the
request of the remainder, or, that failing, by the county election board, such
election to be held not more than forty days after the occurring of such
vacancies.
A majority of the
persons holding the office of public utility district commissioner at any time
shall constitute a quorum of the commission for the transaction of business,
and the concurrence of a majority of the persons holding such office at the
time shall be necessary and shall be sufficient for the passage of any
resolution, but no business shall be transacted, except in usual and ordinary
course, unless there are in office at least a majority of the full number of
commissioners fixed by law)). Vacancies
on a board of public utility district commissioners shall be filled as provided
in chapter 42.12 RCW.
The boundaries of the
public utility district ((commissioners')) commissioner districts
may be changed only by the public utility district commission, and shall be
examined every ten years to determine substantial equality of population in
accordance with chapter 29.70 RCW, but ((said)) the
boundaries shall not be changed oftener than once in four years, and only when
all members of the commission are present. Whenever territory is added to a
public utility district under RCW 54.04.035, the boundaries of the public
utility ((commissioners')) commissioner districts shall be
changed to include such additional territory. The proposed change of the boundaries
of the public utility district ((commissioners')) commissioner
district must be made by resolution and after public hearing. Notice of the
time of a public hearing thereon shall be published for two weeks prior
thereto. Upon a referendum petition signed by ten percent of the qualified
voters of the public utility district being filed with the county auditor, the
county legislative authority shall submit such proposed change of boundaries to
the voters of the public utility district for their approval or rejection.
Such petition must be filed within ninety days after the adoption of resolution
of the proposed action. The validity of ((said)) the petition
shall be governed by the provisions of chapter 54.08 RCW.
Sec. 62. RCW 54.40.070 and 1977 ex.s. c 36 s 7 are each amended to read as follows:
Within thirty days
after the public utility district commission shall divide the district into two
at large districts, the county legislative authority shall call a special
election, to be held at the next scheduled special election called pursuant to
RCW 29.13.010, or not more than ninety days after such call, at which time the
initial commissioners to such at large districts shall be elected((,)).
No primary shall be held and a special filing period shall be opened as
provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest
number of votes for each position shall be elected.
The person who
is elected receiving the ((largest)) greatest number of votes
((to serve for four years)) shall be elected to a four-year term of
office, and the other person ((receiving the next largest number
of votes to serve an initial term of two years)) who is elected shall be
elected to a two-year term of office, if the election is held in an
even-numbered year, or the person who is elected receiving the greatest number
of votes shall be elected to a three-year term of office, and the other person
who is elected shall be elected to a one-year term of office, if the election
is held in an odd-numbered year. The length of these terms of office shall be
calculated from the first day in January in the year following their elections.
The newly elected commissioners shall assume office immediately after being elected and qualified and shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. Each successor shall be elected to a four-year term of office.
Sec. 63. RCW 56.12.020 and 1979 ex.s. c 126 s 38 are each amended to read as follows:
At the election held to
form or reorganize a sewer district, ((there shall be elected three
commissioners who shall assume office immediately when qualified in accordance
with RCW 29.01.135 to hold office for terms of two, four, and six years
respectively, and until their successors are elected and qualified and assume
office in accordance with RCW 29.04.170.
The term of each
nominee shall be expressed on the ballot and shall be computed from the first
day of January next following if the initial election of the sewer district
commissioners was in a general district election as provided in RCW 29.13.020,
or from the first day of January following the first general election for sewer
districts after its creation if the initial election was on a date other than a
general district election. Thereafter, every two years there shall be elected
a commissioner for a term of six years and until his or her successor is
elected and qualified, at the general election held in the odd-numbered years,
as provided in RCW 29.13.020, and conducted by the county auditor and the
returns shall be canvassed by the county canvassing board of election returns:
PROVIDED, That each such commissioner shall assume office in accordance with
RCW 29.04.170)) three sewer
district commissioners shall be elected. The election of sewer district
commissioners shall be null and void if the ballot proposition to form or
reorganize the sewer district is not approved. Candidates shall run for one of
three separate commissioner positions. A special filing period shall be opened
as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest
number of votes for each position shall be elected to that position.
The newly elected sewer district commissioners shall assume office immediately when they are elected and qualified. Staggering of the terms of office for the new sewer district commissioners shall be accomplished as follows: (1) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The terms of office shall be calculated from the first day of January in the year following the election.
Thereafter commissioners shall be elected to six-year terms of office. Commissioners shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.
Sec. 64. RCW 56.12.030 and 1990 c 259 s 24 are each amended to read as follows:
(((1) Nominations
for the first board of commissioners to be elected at the election for the
formation of the sewer district shall be by petition of fifty registered voters
or ten percent of the registered voters of the district who voted in the last
general municipal election, whichever is the smaller. The petition shall be
filed in the auditor's office of the county in which the district is located at
least forty-five days before the election. Thereafter candidates for the
office of sewer commissioner shall file declarations of candidacy and their
election shall be conducted as provided by the general elections laws. A
vacancy or vacancies shall be filled by appointment by the remaining
commissioner or commissioners until the next regular election for
commissioners: PROVIDED, That if there are two vacancies on the board, one
vacancy shall be filled by appointment by the remaining commissioner and the
one remaining vacancy shall be filled by appointment by the then two
commissioners and the appointed commissioners shall serve until the next
regular election for commissioners. If the vacancy or vacancies remain
unfilled within six months of its or their occurrence, the county legislative
authority in which the district is located shall make the necessary appointment
or appointments. If there is a vacancy of the entire board a new board may be
appointed by the county legislative authority. Any person residing in the
district who is at the time of election a registered voter may vote at any
election held in the sewer district.
(2) Subsection (1)
of this section notwithstanding,))
The board of commissioners of any sewer district may ((provide
by majority vote that subsequent commissioners be elected from commissioner districts))
adopt a resolution providing that each subsequent commissioner be elected as
a commissioner of a commissioner district within the district. If the
board exercises this option, it shall divide the district into ((three))
a number of commissioner districts ((of)) equal in number to
the number of commissioners on the board, each with approximately equal
population following current precinct and district boundaries as far as
practicable. ((Thereafter, candidates shall be nominated and one
candidate shall be elected from each commissioner district by the registered
voters of the commissioner district.
(3) All expense of
elections for the formation or reorganization of a sewer district shall be paid
by the county in which the election is held and the expenditure is hereby
declared to be for a county purpose, and the money paid for that purpose shall
be repaid to the county by the district if formed or reorganized.)) Commissioner districts shall be used as
follows: (1) Only a registered voter who resides in a commissioner district
may be a candidate for, or serve as, a commissioner of the commissioner
district; and (2) only voters of a commissioner district may vote at a primary
to nominate candidates for a commissioner of the commissioner district. Voters
of the entire sewer district may vote at a general election to elect a person
as a commissioner of the commissioner district. Commissioner districts shall
be redrawn as provided in chapter 29.70 RCW.
NEW SECTION. Sec. 65. A new section is added to chapter 56.12 RCW to read as follows:
Sewer district elections shall conform with general election laws.
Vacancies on a board of sewer commissioners shall occur and shall be filled as provided in chapter 42.12 RCW.
Sec. 66. RCW 57.02.050 and 1982 1st ex.s. c 17 s 5 are each amended to read as follows:
Whenever the boundaries
or proposed boundaries of a water district include or are proposed to include
by means of formation, annexation, consolidation, or merger (including merger
with a sewer district) territory in more than one county, all duties delegated
by Title 57 RCW to officers of the county in which the district is located
shall be delegated to the officers of the county in which the largest land area
of the district is located, except that elections shall be conducted pursuant
to ((RCW 57.02.060, as now existing or hereafter amended)) general
election law, actions subject to review and approval under RCW 57.02.040
and 56.02.070 shall be reviewed and approved only by the officers or boards in
the county in which such actions are proposed to occur, verification of
electors' signatures shall be conducted by the county election officer of the
county in which such signators reside, and comprehensive plan review and
approval or rejection by the respective county legislative authorities under
RCW 57.16.010 shall be limited to that part of such plans within the respective
counties.
Sec. 67. RCW 57.12.020 and 1990 c 259 s 30 are each amended to read as follows:
((Nominations for
the first board of commissioners to be elected at the election for the
formation of the water district shall be by petition of at least ten percent of
the registered voters of the district who voted in the last general municipal
election, filed in the auditor's office of the county in which the district is
located, at least forty-five days prior to the election. Thereafter,
candidates for the office of water commissioners shall file declarations of
candidacy and their election shall be conducted as provided by the general
election laws.))
A vacancy ((or
vacancies)) on the board shall occur and shall be filled ((by
appointment by the remaining commissioner or commissioners until the next
regular election for commissioners: PROVIDED, That if there are two vacancies
on the board, one vacancy shall be filled by appointment by the remaining
commissioner and the one remaining vacancy shall be filled by appointment by the
then two commissioners and the appointed commissioners shall serve until the
next regular election for commissioners. If the vacancy or vacancies remain
unfilled within six months of its or their occurrence, the county legislative
authority in which the district is located shall make the necessary appointment
or appointments. If there is a vacancy of the entire board a new board may be
appointed by the county legislative authority.
Any person residing
in the district who is a registered voter under the laws of the state may vote
at any district election)) as
provided in chapter 42.12 RCW.
Sec. 68. RCW 57.12.030 and 1982 1st ex.s. c 17 s 14 are each amended to read as follows:
((The general laws
of the state of Washington governing the registration of voters for a general
or a special city election shall govern the registration of voters for
elections held under this chapter. The manner of holding any general or
special election for said)) Water district elections shall be
held in accordance with the general election laws of this state.
((All elections in a water district shall be conducted under RCW 57.02.060.
All expenses of elections for a water district shall be paid for out of the
funds of the water district: PROVIDED, That if the voters fail to approve the
formation of a water district, the expenses of the formation election shall be
paid by each county in which the proposed district is located, in proportion to
the number of registered voters in the proposed district residing in each
county.))
Except as in this
section otherwise provided, the term of office of each water district
commissioner shall be six years, such term to be computed from the first day of
January following the election, and ((one commissioner shall be elected at
each biennial general election, as provided in RCW 29.13.020, for the term of
six years and until his or her successor is)) commissioners shall serve
until their successors are elected and qualified and assume((s))
office in accordance with RCW 29.04.170. ((All candidates shall be voted
upon by the entire water district.))
Three water district
commissioners shall be elected at the same election at which the proposition is
submitted to the voters as to whether such water district shall be formed. ((The
commissioner elected in commissioner position number one shall hold office for
the term of six years; the commissioner elected in commissioner position number
two shall hold office for the term of four years; and the commissioner elected
in commissioner position number three shall hold office for the term of two
years: PROVIDED, That the members of the first commission shall take office
immediately upon their election and qualification. The terms of all
commissioners first to be elected shall also include the time intervening
between the date that the results of their election are declared in the canvass
of returns thereof and the first day of January following the next general
district election as provided in RCW 29.13.020.)) The election of water
district commissioners shall be null and void if the ballot proposition to form
the water district is approved. Each candidate shall run for one of three
separate commissioner positions. A special filing period shall be opened as
provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest
number of votes for each position shall be elected to that position.
The newly elected water district commissioners shall assume office immediately when they are elected and qualified. Staggering of the terms of office for the new water district commissioners shall be accomplished as follows: (1) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The terms of office shall be calculated from the first day of January after the election.
Thereafter, commissioners shall be elected to six-year terms of office. Commissioners shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.
Sec. 69. RCW 57.12.039 and 1986 c 41 s 2 are each amended to read as follows:
Notwithstanding RCW
57.12.020 and 57.12.030, the board of commissioners may provide by majority
vote that subsequent commissioners be elected from commissioner districts
within the district. If the board exercises this option, it shall divide the
district into three commissioner districts of approximately equal population following
current precinct and district boundaries. ((Thereafter, candidates shall be
nominated and one candidate shall be elected from each commissioner district by
the electors of the commissioner district.))
Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or serve as, a commissioner of the commissioner district; and (2) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire water district may vote at a general election to elect a person as a commissioner of the commissioner district. Commissioner districts shall be redrawn as provided in chapter 29.70 RCW.
Sec. 70. RCW 57.32.022 and 1982 1st ex.s. c 17 s 31 are each amended to read as follows:
The respective boards
of water commissioners of the consolidating districts shall certify the
agreement to the county election officer of each county in which the districts
are located. A special election shall be called by the county election officer
((under RCW 57.02.060)) for the purpose of submitting to the voters of
each of the consolidating districts the proposition of whether or not the
several districts shall be consolidated into one water district. The
proposition shall give the title of the proposed consolidated district. Notice
of the election shall be given and the election conducted in accordance with
the general election laws.
Sec. 71. RCW 57.32.023 and 1982 1st ex.s. c 17 s 32 are each amended to read as follows:
If at the election a
majority of the voters in each of the consolidating districts vote in favor of
the consolidation, the county canvassing board shall so declare in its canvass
((under RCW 57.02.060)) and the return of such election shall be made
within ten days after the date thereof. Upon the return the consolidation
shall be effective and the consolidating districts shall cease to exist and
shall then be and become a new water district and municipal corporation of the
state of Washington. The name of such new water district shall be "Water
District No. .....", which shall be the name appearing on the ballot. The
district shall have all and every power, right, and privilege possessed by
other water districts of the state of Washington. The district may issue
revenue bonds to pay for the construction of any additions and betterments set
forth in the comprehensive plan of water supply contained in the agreement for
consolidation and any future additions and betterments to the comprehensive
plan of water supply, as its board of water commissioners shall by resolution
adopt, without submitting a proposition therefor to the voters of the district.
NEW SECTION. Sec. 72. A new section is added to chapter 68.52 RCW to read as follows:
Cemetery district elections shall conform with general election laws.
A vacancy on a board of cemetery district commissioners shall occur and shall be filled as provided in chapter 42.12 RCW.
Sec. 73. RCW 68.52.100 and 1947 c 6 s 2 are each amended to read as follows:
For the purpose of
forming a cemetery district, a petition designating the boundaries of the
proposed district by metes and bounds or describing the lands to be included in
the proposed district by government townships, ranges and legal subdivisions,
signed by not less than fifteen percent of the ((qualified)) registered
((electors, who are property owners or are purchasing property under
contract and who are resident)) voters who reside within the
boundaries of the proposed district, setting forth the object of the
formation of such district and stating that the establishment thereof will be
conducive to the public welfare and convenience, shall be filed with the county
auditor of the county within which the proposed district is located,
accompanied by an obligation signed by two or more petitioners agreeing to pay
the cost of publishing the notice hereinafter provided for. The county auditor
shall, within thirty days from the date of filing of such petition, examine the
signatures and certify to the sufficiency or insufficiency thereof ((and for
such purpose shall have access to registration books and records in possession
of the registration officers of the election precincts included in whole or in
part within the boundaries of the proposed district and to the tax rolls and
other records in the offices of the county assessor and county treasurer. No
person having)). The name of any person who signed a petition shall
not be ((allowed to withdraw his name therefrom)) withdrawn
from the petition after it has been filed with the county auditor. If the
petition is found to contain a sufficient number of valid signatures ((of
qualified persons)), the county auditor shall transmit it, with ((his))
a certificate of sufficiency attached, to the ((board of)) county
((commissioners)) legislative authority, which shall thereupon,
by resolution entered upon its minutes, receive the same and fix a day and hour
when it will publicly hear ((said)) the petition.
Sec. 74. RCW 68.52.140 and 1982 c 60 s 2 are each amended to read as follows:
The ((board of))
county ((commissioners)) legislative authority shall have full
authority to hear and determine the petition, and if it finds that the
formation of the district will be conducive to the public welfare and
convenience, it shall by resolution so declare, otherwise it shall deny the
petition. If the ((board)) county legislative authority finds in
favor of the formation of the district, it shall designate the name and number
of the district, fix the boundaries thereof, and cause an election to be held
therein for the purpose of determining whether or not the district shall be
organized under the provisions of this chapter, and for the purpose of electing
its first cemetery district commissioners. ((The board shall, prior to
calling the said election, name three registered resident electors who are
property owners or are purchasing property under contract within the boundaries
of the district as candidates for election as cemetery district commissioners.
These electors are exempt from the requirements of chapter 42.17 RCW.)) At
the same election three cemetery district commissioners shall be elected, but
the election of the commissioners shall be null and void if the district is not
created. No primary shall be held. A special filing period shall be opened as
provided in RCW 29.15.170 and 29.15.180. Candidates shall run for specific
commissioner positions. The person receiving the greatest number of votes for
each commissioner position shall be elected to that commissioner position. The
terms of office of the initial commissioners shall be as provided in RCW
68.52.220.
Sec. 75. RCW 68.52.160 and 1947 c 6 s 8 are each amended to read as follows:
The ballot for ((said))
the election shall be in such form as may be convenient but shall
present the propositions substantially as follows:
".....(insert county name)..... cemetery district No. .....(insert number)......
.....Yes......
.....(insert county name)..... cemetery district No. .....(insert number)......
.....No......"
((and shall specify the
names of the candidates nominated for election as the first cemetery district
commissioners with appropriate space to vote for the same.))
Sec. 76. RCW 68.52.220 and 1990 c 259 s 33 are each amended to read as follows:
The affairs of the
district shall be managed by a board of cemetery district commissioners
composed of three ((qualified registered voters of the district)) members.
Members of the board shall receive no compensation for their services, but
shall receive expenses necessarily incurred in attending meetings of the board
or when otherwise engaged in district business. The board shall fix the
compensation to be paid the secretary and other employees of the district. ((The
first three cemetery district commissioners shall serve only until the first
day in January following the next general election, provided such election
occurs thirty or more days after the formation of the district, and until their
successors have been elected and qualified and have assumed office in
accordance with RCW 29.04.170. At the next general district election, as
provided in RCW 29.13.020, provided it occurs thirty or more days after the
formation of the district, three members of the board of cemetery commissioners
shall be chosen. They and all subsequently elected cemetery commissioners
shall have the same qualifications as required of the first three cemetery
commissioners and)) Cemetery district commissioners and candidates for
cemetery district commissioner are exempt from the requirements of chapter
42.17 RCW. ((The candidate receiving the highest number of votes shall
serve for a term of six years beginning on the first day in January following;
the candidate receiving the next higher number of votes shall serve for a term
of four years from the date; and the candidate receiving the next higher number
of votes shall serve for a term of two years from the date. Upon the
expiration of their respective terms, all cemetery commissioners shall be
elected for terms of six years to begin on the first day in January next
succeeding the day of election and shall serve until their successors have been
elected and qualified and assume office in accordance with RCW 29.04.170.
Elections shall be called, noticed, conducted and canvassed and in the same
manner and by the same officials as provided for general county elections.))
The initial cemetery district commissioners shall assume office immediately upon their election and qualification. Staggering of terms of office shall be accomplished as follows: (1) The person elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall assume office immediately after they are elected and qualified but their terms of office shall be calculated from the first day of January after the election.
Thereafter, commissioners shall be elected to six-year terms of office. Commissioners shall serve until their successors are elected and qualified and assume office as provided in RCW 29.04.170.
The polling places for
a cemetery district election ((shall be those of the county voting precincts
which include any of the territory within the cemetery district, and)) may
be located inside or outside the boundaries of the district, as
determined by the auditor of the county in which the cemetery district is
located, and no such election shall be held irregular or void on that
account.
Sec. 77. RCW 70.44.040 and 1990 c 259 s 39 are each amended to read as follows:
(1) The
provisions of Title 29 RCW relating to elections shall govern public hospital
districts, except ((that: (1))) as provided in this chapter.
A public hospital
district shall be created when the ballot proposition authorizing the creation
of the district is approved by a simple majority vote of the voters of the
proposed district voting on the proposition and the total vote cast upon
the proposition ((to form a hospital district shall)) exceeds
forty percent of the total number of votes cast in the ((precincts
comprising the)) proposed district at the preceding state general ((and
county)) election((; and (2) hospital district commissioners shall hold
office for the term of six years and until their successors are elected and
qualified, each term to commence on the first day in January following the
election)).
At the election at
which the proposition is submitted to the voters as to whether a district shall
be formed, three commissioners shall be elected ((to hold office,
respectively, for the terms of two, four, and six years. All candidates shall
be voted upon by the entire district, and the candidate residing in
commissioner district No. 1 receiving the highest number of votes in the
hospital district shall hold office for the term of six years; the candidate
residing in commissioner district No. 2 receiving the highest number of votes
in the hospital district shall hold office for the term of four years; and the
candidate residing in commissioner district No. 3 receiving the highest number
of votes in the hospital district shall hold office for the term of two years.
The first commissioners to be elected shall take office immediately when
qualified in accordance with RCW 29.01.135. Each term of the initial
commissioners shall date from the time above specified following the
organizational election, but shall also include the period intervening between
the organizational election and the first day of January following the next
district general election: PROVIDED, That in public hospital districts
encompassing portions of more than one county, the total vote cast upon the
proposition to form the district shall exceed forty percent of the total number
of votes cast in each portion of each county lying within the proposed district
at the next preceding general county election. The portion of the proposed
district located within each county shall constitute a separate commissioner
district. There shall be three district commissioners whose terms shall be six
years. Each district shall be designated by the name of the county in which it
is located. All candidates for commissioners shall be voted upon by the entire
district. Not more than one commissioner shall reside in any one district:
PROVIDED FURTHER, That in the event there are only two districts then two
commissioners may reside in one district. The term of each commissioner shall
commence on the first day in January in each year following his election. At
the election at which the proposition is submitted to the voters as to whether
a district shall be formed, three commissioners shall be elected to hold
office, respectively, for the terms of two, four, and six years. The candidate
receiving the highest number of votes within the district, as constituted by
the election, shall serve a term of six years; the candidate receiving the next
highest number of votes shall hold office for a term of four years; and the
candidate receiving the next highest number of votes shall hold office for a
term of two years: PROVIDED FURTHER, That the holding of each such term of
office shall be subject to the residential requirements for district
commissioners hereinbefore set forth in this section)). The election of
the initial commissioners shall be null and void if the district is not
authorized to be created.
No primary shall be held. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for the commissioner of each commissioner district shall be elected as the commissioner of that district. The terms of office of the initial public hospital district commissioners shall be staggered as follows: (a) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (b) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately when they are elected and qualified, but the length of such terms shall be computed from the first day of January in the year following this election. The term of office of each successor shall be six years. Each commissioner shall serve until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.
(2) Commissioner districts shall be used as follows: (a) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district; and (b) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire public hospital district may vote at a general election to elect a person as a commissioner of the commissioner district.
If the proposed public hospital district is county-wide, and the county has three county legislative authority districts, the county legislative authority districts shall be used as public hospital district commissioner districts. In all other instances the county auditor of the county in which all or the largest portion of the proposed public hospital district is located shall draw the initial three public hospital district commissioner districts, each of which shall constitute as nearly as possible one-third of the total population of the proposed public hospital district and number the districts one, two, and three. Each of the three commissioner positions shall be numbered one through three and associated with the district of the same number.
The public hospital district commissioners may redraw commissioner districts, if the public hospital district has boundaries that are not coterminous with the boundaries of a county with three county legislative authority districts, so that each district comprises as nearly as possible one-third of the total population of the public hospital district. The commissioners of a public hospital district that is not coterminous with the boundaries of a county that has three county legislative authority districts shall redraw hospital district commissioner boundaries as provided in chapter 29.70 RCW.
Sec. 78. RCW 70.44.045 and 1982 c 84 s 13 are each amended to read as follows:
A vacancy in the office
of commissioner shall occur as provided in chapter 42.12 RCW or by ((death,
resignation, removal, conviction of felony,)) nonattendance at meetings of
the commission for sixty days, unless excused by the commission((, by any
statutory disqualification, by any permanent disability preventing the proper
discharge of his duty, or by creation of positions pursuant to RCW 70.44.051,
et seq)). A vacancy ((or vacancies on the board)) shall be filled
((by appointment by the remaining commissioner or commissioners until the
next regular election for commissioners as provided by RCW 70.44.040:
PROVIDED, That if there is only one remaining commissioner, one vacancy shall
be filled by appointment by the remaining commissioner and the remaining
vacancy or vacancies shall be filled by appointment by the then two
commissioners and the appointed commissioners shall serve until the next
regular election for commissioners: PROVIDED FURTHER, That if there is a
vacancy of the entire board, a new board may be appointed by the board of
county commissioners or county council)) as provided in chapter 42.12
RCW.
Sec. 79. RCW 70.44.053 and 1967 c 77 s 2 are each amended to read as follows:
At any general or special
election which may be called for that purpose the board of public hospital
district commissioners may, or on petition of ten percent of the ((electors))
voters based on the total vote cast in the last district general
election in the public hospital district shall, by resolution, submit to
the voters of the district the proposition increasing the number of
commissioners to ((any number authorized in RCW 70.44.051)) either
five or seven members. The petition or resolution shall specify whether it is
proposed to increase the number of commissioners to either five or seven
members.
If the voters of the district approve the ballot proposition authorizing the increase in the number of commissioners to either five or seven members, the board of commissioners shall redistrict the public hospital district into the appropriate number of commissioner districts. The additional commissioners shall be elected from commissioner districts in which no existing commissioner resides at the next state general election occurring one hundred twenty days or more after the date of the election at which the voters of the district approved the ballot proposition authorizing the increase in the number of commissioners. If needed, special filing periods shall be authorized as provided in RCW 29.15.170 and 29.15.180 for qualified persons to file for the vacant office. A primary shall be held to nominate candidates if sufficient time exists to hold a primary and more than two candidates file for the vacant office. Otherwise, a primary shall not be held and the candidate receiving the greatest number of votes for each position shall be elected. Except for the initial terms of office, persons elected to each of these additional commissioner positions shall be elected to a six-year term.
Where the number of commissioners is increased from three to five, the initial terms of the two new commissioners shall be staggered so that the person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term if the election is held in an even-numbered year, and the other person elected shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term if the election is held in an even-numbered year. The newly elected commissioners shall assume office as provided in RCW 29.04.170.
Where the number of commissioners is increased from three or five to seven, the county auditor of the county in which all or the largest portion of the hospital district is located shall cause the initial terms of office of the additional commissioners to be staggered over the next three district general elections so that two commissioners would normally be elected at the first district general election following the election where the additional commissioners are elected, two commissioners are normally elected at the second district general election after the election of the additional commissioners, and three commissioners are normally elected at the third district general election following the election of the additional commissioners. The newly elected commissioners shall assume office as provided in RCW 29.04.170.
Sec. 80. RCW 70.77.177 and 1984 c 249 s 6 are each amended to read as follows:
"Local fire
official" means the chief of a local fire department or ((fire
protection district,)) a chief fire protection officer or such other person
as may be designated by the governing body of a city((,)) or
county((, or district)) to act as a local fire official under this
chapter.
NEW SECTION. Sec. 81. A new section is added to chapter 70.77 RCW to read as follows:
"City" means any city or town.
Sec. 82. RCW 70.77.265 and 1984 c 249 s 12 are each amended to read as follows:
The local fire official
receiving an application for a permit under RCW 70.77.260(1) shall investigate
the application and submit a report of findings and a recommendation for or
against the issuance of the permit, together with reasons, to the governing
body of the city((,)) or county((, or fire protection district)).
Sec. 83. RCW 70.77.270 and 1984 c 249 s 13 are each amended to read as follows:
The governing body of a
city((,)) or county((, or fire protection district)) may
grant or deny an application for a permit under RCW 70.77.260(1). The
governing body may place reasonable conditions on any permit it issues.
Sec. 84. RCW 70.77.280 and 1984 c 249 s 14 are each amended to read as follows:
The local fire official
receiving an application for a permit under RCW 70.77.260(2) for a public
display of fireworks shall investigate whether the character and location of
the display as proposed would be hazardous to property or dangerous to any
person. Based on the investigation, the official shall submit a report of
findings and a recommendation for or against the issuance of the permit,
together with reasons, to the governing body of the city((,)) or
county((, or fire protection district)). The governing body may grant
or deny the application and may place reasonable conditions on any permit it
issues.
Sec. 85. RCW 70.77.355 and 1986 c 266 s 105 are each amended to read as follows:
(1) Any adult person
may secure a general license from the director of community development,
through the director of fire protection, for the public display of fireworks
within the state of Washington. A general license is subject to the provisions
of this chapter relative to the securing of local permits for the public
display of fireworks in any city((,)) or county((, or fire
protection district)), except that in lieu of filing the bond or
certificate of public liability insurance with the appropriate local official
under RCW 70.77.260 as required in RCW 70.77.285, the same bond or certificate
shall be filed with the director of community development, through the director
of fire protection. The bond or certificate of insurance for a general license
in addition shall provide that: (a) The insurer will not cancel the insured's
coverage without fifteen days prior written notice to the director of community
development, through the director of fire protection; (b) the duly licensed
pyrotechnic operator required by law to supervise and discharge the public
display, acting either as an employee of the insured or as an independent
contractor and the state of Washington, its officers, agents, employees, and
servants are included as additional insureds, but only insofar as any
operations under contract are concerned; and (c) the state is not responsible
for any premium or assessments on the policy.
(2) The director of community development, through the director of fire protection, may issue such general licenses. The holder of a general license shall file a certificate from the director of community development, through the director of fire protection, evidencing the license with any application for a local permit for the public display of fireworks under RCW 70.77.260.
Sec. 86. RCW 70.77.450 and 1986 c 266 s 113 are each amended to read as follows:
The director of
community development, through the director of fire protection, may make an
examination of the books and records of any licensee, or other person relative
to fireworks, and may visit and inspect the premises of any licensee he may
deem at any time necessary for the purpose of enforcing the provisions of this
chapter. The licensee, owner, lessee, manager, or operator of any such
building or premises shall permit the director of community development,
through the director of fire protection, his or her deputies((, his or her))
or salaried assistants ((and the chief of any city or county fire
department or fire protection district)), the local fire official,
and their authorized representatives to enter and inspect the premises at the
time and for the purpose stated in this section.
Sec. 87. RCW 70.95A.030 and 1973 c 132 s 4 are each amended to read as follows:
In addition to any other powers which it may now have, each municipality shall have the following powers:
(1) To acquire, whether by construction, purchase, devise, gift or lease, or any one or more of such methods, one or more facilities which shall be located within, or partially within the municipality. Each facility must have a separate value to the municipality beyond its potential use to an entity that has leased the facility from the municipality;
(2) To lease, lease
with option to purchase, sell or sell by installment sale, any or all of the
facilities upon such terms and conditions as the governing body may deem
advisable but which shall ((at least)) more than fully reimburse
the municipality for all debt service on any bonds issued to finance the
facilities and for all costs incurred by the municipality in financing and
operating the facilities and as shall not conflict with the provisions of this
chapter. The term of each lease must be less than the term of the
municipality's ownership in the leased facility by at least one month;
(3) To issue revenue bonds for the purpose of defraying the cost of acquiring or improving any facility or facilities or refunding any bonds issued for such purpose and to secure the payment of such bonds as provided in this chapter. Revenue bonds may be issued in one or more series or issues where deemed advisable, and each such series or issue may have the same or different maturity dates, interest rates, priorities on revenues available for payment of such bonds and priorities on security available for assuring payment thereof, and such other differing terms and conditions as are deemed necessary and are not in conflict with the provisions of this chapter.
Sec. 88. RCW 70.95A.060 and 1973 c 132 s 7 are each amended to read as follows:
Prior to the issuance
of the bonds authorized by this chapter, the municipality may lease the
facilities to a lessee or lessees under an agreement providing for payment to
the municipality of such rentals as will be more than sufficient (a) to
pay the principal of and interest on the bonds issued to finance the
facilities, (b) to pay the taxes on the facilities, (c) to build up and
maintain any reserves deemed by the governing body to be advisable in
connection therewith, and (d) unless the agreement of lease obligates the
lessees to pay for the maintenance and insurance of the facilities, to pay the
costs of maintaining the facilities in good repair and keeping the same
properly insured. Subject to the limitations of this chapter, the lease or
extensions or modifications thereof may contain such other terms and conditions
as may be mutually acceptable to the parties((, and)). The term of
the lease must be less than the term of the municipality's ownership in the
leased facility by at least one month. Notwithstanding any other
provisions of law relating to the sale of property owned by municipalities,
such lease may contain an option for the lessees to purchase the facilities on
such terms and conditions with or without consideration as may be mutually
acceptable to the parties.
NEW SECTION. Sec. 89. The following acts or parts of acts are each repealed:
(1) RCW 35.23.070 and 1965 c 7 s 35.23.070;
(2) RCW 35.24.070 and 1965 c 7 s 35.24.070;
(3) RCW 35.27.110 and 1965 c 7 s 35.27.110;
(4) RCW 35.61.060 and 1985 c 416 s 2 & 1965 c 7 s 35.61.069;
(5) RCW 35.61.070 and 1965 c 7 s 35.61.070;
(6) RCW 35.61.080 and 1965 c 7 s 35.61.080;
(7) RCW 35A.02.001 and 1989 c 84 s 35;
(8) RCW 35A.02.100 and 1967 ex.s. c 119 s 35A.02.100;
(9) RCW 35A.02.110 and 1979 ex.s. c 18 s 9 & 1967 ex.s. c 119 s 35A.02.110;
(10) RCW 35A.14.060 and 1967 ex.s. c 119 s 35A.14.060;
(11) RCW 35A.15.030 and 1967 ex.s. c 119 s 35A.15.030;
(12) RCW 35A.16.020 and 1967 ex.s. c 119 s 35A.16.020;
(13) RCW 35A.29.010 and 1967 ex.s. c 119 s 35A.29.010;
(14) RCW 35A.29.020 and 1967 ex.s. c 119 s 35A.29.020;
(15) RCW 35A.29.030 and 1967 ex.s. c 119 s 35A.29.030;
(16) RCW 35A.29.040 and 1967 ex.s. c 119 s 35A.29.040;
(17) RCW 35A.29.050 and 1967 ex.s. c 119 s 35A.29.050;
(18) RCW 35A.29.060 and 1967 ex.s. c 119 s 35A.29.060;
(19) RCW 35A.29.070 and 1967 ex.s. c 119 s 35A.29.070;
(20) RCW 35A.29.080 and 1967 ex.s. c 119 s 35A.29.080;
(21) RCW 35A.29.090 and 1986 c 234 s 32 & 1985 c 281 s 27;
(22) RCW 35A.29.100 and 1967 ex.s. c 119 s 35A.29.100;
(23) RCW 35A.29.105 and 1990 c 59 s 106 & 1967 ex.s. c 119 s 35A.29.105;
(24) RCW 35A.29.110 and 1990 c 59 s 107, 1986 c 167 s 21, 1979 ex.s. c 18 s 30, 1970 ex.s. c 52 s 4, & 1967 ex.s. c 119 s 35A.29.110;
(25) RCW 35A.29.140 and 1967 ex.s. c 119 s 35A.29.140;
(26) RCW 35A.29.150 and 1970 ex.s. c 52 s 5 & 1967 ex.s. c 119 s 35A.29.150;
(27) RCW 36.54.080 and 1973 1st ex.s. c 195 s 36 & 1963 c 4 s 36.54.080;
(28) RCW 36.54.090 and 1963 c 4 s 36.54.090;
(29) RCW 36.54.100 and 1963 c 4 s 36.54.100;
(30) RCW 36.69.060 and 1963 c 4 s 36.69.060;
(31) RCW 44.70.010 and 1987 c 298 s 7;
(32) RCW 53.12.047 and 1992 c 146 s 6;
(33) RCW 53.12.150 and 1990 c 40 s 1, 1985 c 87 s 1, 1983 c 11 s 1, 1959 c 175 s 8, & 1959 c 17 s 8;
(34) RCW 57.02.060 and 1982 1st ex.s. c 17 s 6;
(35) RCW 68.52.240 and 1947 c 6 s 16;
(36) RCW 70.44.051 and 1967 c 77 s 1;
(37) RCW 70.44.055 and 1967 c 77 s 3; and
(38) RCW 70.44.057 and 1967 c 77 s 4.
NEW SECTION. Sec. 90. Section 40 of 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."
ESHB 1464 - S COMM AMD
By Committee on Government Operations
On page 1, line 1 of the title, after "government;" strike the remainder of the title and insert "amending RCW 42.12.010, 43.06.010, 14.08.304, 28A.315.520, 29.15.050, 29.15.120, 29.15.150, 29.15.160, 29.15.170, 29.15.200, 29.21.015, 35.17.020, 35.17.400, 35.18.020, 35.18.270, 35.23.050, 35.23.240, 35.23.530, 35.24.050, 35.24.060, 35.24.100, 35.24.290, 35.27.100, 35.27.140, 35.61.050, 35A.01.070, 35A.02.050, 35A.02.130, 35A.06.020, 35A.06.030, 35A.06.050, 35A.12.010, 35A.12.040, 35A.12.050, 35A.12.060, 35A.12.180, 35A.13.010, 35A.13.020, 35A.14.060, 35A.14.070, 35A.15.040, 35A.16.030, 36.69.020, 36.69.070, 36.69.080, 36.69.090, 36.69.100, 36.69.440, 52.14.010, 52.14.015, 52.14.030, 52.14.050, 52.14.060, 53.12.140, 54.08.060, 54.12.010, 54.40.070, 56.12.020, 56.12.030, 57.02.050, 57.12.020, 57.12.030, 57.12.039, 57.32.022, 57.32.023, 68.52.100, 68.52.140, 68.52.160, 68.52.220, 70.44.040, 70.44.045, 70.44.053, 70.77.177, 70.77.265, 70.77.270, 70.77.280, 70.77.355, 70.77.450, 70.95A.030, and 70.95A.060; adding a new section to chapter 42.12 RCW; adding new sections to chapter 29.15 RCW; adding a new section to chapter 35.02 RCW; adding a new section to chapter 35A.29 RCW; adding a new section to chapter 56.12 RCW; adding a new section to chapter 68.52 RCW; adding a new section to chapter 70.77 RCW; repealing RCW 35.23.070, 35.24.070, 35.27.110, 35.61.060, 35.61.070, 35.61.080, 35A.02.001, 35A.02.100, 35A.02.110, 35A.14.060, 35A.15.030, 35A.16.020, 35A.29.010, 35A.29.020, 35A.29.030, 35A.29.040, 35A.29.050, 35A.29.060, 35A.29.070, 35A.29.080, 35A.29.090, 35A.29.100, 35A.29.105, 35A.29.110, 35A.29.140, 35A.29.150, 36.54.080, 36.54.090, 36.54.100, 36.69.060, 44.70.010, 53.12.047, 53.12.150, 57.02.060, 68.52.240, 70.44.051, 70.44.055, and 70.44.057; and declaring an emergency."
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