[atlas:bill]

AN ACT Relating to the election of members of the house of representatives from subdistricts within legislative districts; amending RCW 44.05.020, 44.05.080, and 44.05.090; and providing an effective date.

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

Sec. 1. RCW 44.05.020 and 1983 c 16 s 2 are each amended to read as follows:

The definitions set forth in this section apply throughout this chapter, unless the context requires otherwise.

(1) "Chief election officer" means the secretary of state.

(2) "Federal census" means the decennial census required by federal law to be prepared by the United States bureau of the census in each year ending in zero.

(3) "Lobbyist" means an individual required to register with the Washington public disclosure commission pursuant to RCW 42.17.150.

(4) "Plan" means a plan for legislative and congressional redistricting mandated by Article II, section 43 of the state Constitution, where each legislative district is divided into two subdistricts, denoted as subdistricts A and B, with a single member of the house of representatives being elected from each subdistrict.

Sec. 2. RCW 44.05.080 and 1983 c 16 s 8 are each amended to read as follows:

In addition to other duties prescribed by law, the commission shall:

(1) Adopt rules pursuant to the Administrative Procedure Act, chapter 34.05 RCW, to carry out the provisions of Article II, section 43 of the state Constitution and of this chapter, which rules shall provide that three voting members of the commission constitute a quorum to do business, and that the votes of three of the voting members are required for any official action of the commission;

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

(3) Comply with requirements to disclose and preserve public records as specified in chapters 40.14 and 42.17 RCW;

(4) Hold open meetings pursuant to the open public meetings act, chapter 42.30 RCW;

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

(6) Be subject to the provisions of RCW 42.17.240;

(7) Prepare and publish a report with the plan; the report will be made available to the public at the time the plan is published. The report will include but will not be limited to: (a) The population and percentage deviation from the average district population for every district, as well as the population and percentage deviation from the average subdistrict population for every subdistrict of a legislative district; (b) an explanation of the criteria used in developing the plan with a justification of any deviation in a district from the average district population, as well as a justification of any deviation in a subdistrict of a legislative district from the average subdistrict population; (c) a map of all the districts that includes the two subdistricts of each legislative district; and (d) the estimated cost incurred by the counties for adjusting precinct boundaries.

Sec. 3. RCW 44.05.090 and 1990 c 126 s 1 are each amended to read as follows:

In the redistricting plan:

(1) Districts shall have a population as nearly equal as is practicable, excluding nonresident military personnel, based on the population reported in the federal decennial census. The two subdistricts of each legislative district must have a population as nearly equal as is practicable, excluding nonresident military personnel, based on the population reported in the federal decennial census.

(2) To the extent consistent with subsection (1) of this section the commission plan should, insofar as practical, accomplish the following:

(a) District lines, and the lines of the two subdistricts of each legislative district, should be drawn so as to coincide with the boundaries of local political subdivisions and areas recognized as communities of interest. The number of counties and municipalities divided among more than one district or subdistrict of a legislative district should be as small as possible;

(b) Districts and the two subdistricts of each legislative district should be composed of convenient, contiguous, and compact territory. Land areas may be deemed contiguous if they share a common land border or are connected by a ferry, highway, bridge, or tunnel. Areas separated by geographical boundaries or artificial barriers that prevent transportation within a district or subdistrict of a legislative district should not be deemed contiguous; ((~~and~~))

(c) Whenever practicable, a precinct shall be wholly within a single legislative district and a single subdistrict of a legislative district; and

(d) The two subdistricts of each new legislative district must be drawn to include the residence of no more than one incumbent member of the house of representatives, based upon their residences designated in their voter registration as of the first day of July in the year when the redistricting plan is required to be prepared by the commission. However, if more than two incumbent members of the house of representatives so reside in a single new legislative district, the commission shall by lot draw the names of two of these legislators, each of whose residence must be located in a different subdistrict of that new legislative district.

(3) The commission's plan and any plan adopted by the supreme court under RCW 44.05.100(4) shall provide for forty-nine legislative districts.

(4) The house of representatives shall consist of ninety-eight members, ((~~two~~)) one of whom shall be elected from and run ((~~at large~~)) from a separate subdistrict within each legislative district. The senate shall consist of forty-nine members, one of whom shall be elected from each legislative district.

(5) The commission shall exercise its powers to provide fair and effective representation and to encourage electoral competition. The commission's plan shall not be drawn purposely to favor or discriminate against any political party or group.

NEW SECTION. Sec. 4. This act takes effect January 1, 2000.