5904-S AMS RASM S2258

5904-S AMS RASM S2258.3

SSB 5904 - S AMD 064

By Senators Rasmussen, Swecker and Morton

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 29.04 RCW to read as follows:

(1) Nothing in this title shall apply to conservation districts governed under chapter 89.08 RCW, unless a conservation district chooses to have its elections governed under this title.

(2) A conservation district choosing to have its elections governed under this title shall:

(a) Still be governed by other nonelection provisions of chapter 89.08 RCW;

(b) Still be governed by RCW 89.08.160(2); and

(3) Any conservation district choosing to have its elections governed under this title shall make the choice in time to provide appropriate prior notice to any affected county auditors.

(4) Candidates and conservation district supervisors in districts that choose to have their elections governed under this title are subject to chapter 42.17 RCW. Candidates and conservation district supervisors in districts whose elections are governed under chapter 89.08 RCW are exempted from the requirements of chapter 42.17 RCW.

Sec. 2. RCW 89.08.160 and 1973 1st ex.s. c 184 s 17 are each amended to read as follows:

(1) If the commission finds the project practicable, it shall appoint two supervisors, one of whom shall be a landowner or operator of a farm, who shall be qualified by training and experience to perform the specialized skilled services required of them. They, with the three elected supervisors, two of whom shall be landowners or operators of a farm, shall constitute the governing board of the district.

(2) In all subsequent appointments, at least one appointed supervisor shall be a landowner or operator of a farm. In all subsequent elections, at least two elected supervisors shall be landowners or operators of farms.

(3) The two appointed supervisors shall file with the secretary of state a sworn application, reciting that a petition was filed with the commission for the creation of the district; that all required proceedings were had thereon; that they were appointed by the commission as such supervisors; and that the application is being filed to complete the organization of the district. It shall contain the names and residences of the applicants, a certified copy of their appointments, the name of the district, the location of the office of the supervisors and the term of office of each applicant.

(4) The application shall be accompanied by a statement of the commission, reciting that a petition was filed, notice issued, and hearing held thereon as required; that it determined the need for the district and defined the boundaries thereof; that notice was given and an election held on the question of creating the district; that a majority vote favored the district, and that the commission had determined the district practicable; and shall set forth the boundaries of the district.

NEW SECTION. Sec. 3. A new section is added to chapter 89.08 RCW to read as follows:

Instead of providing for the election of supervisors under section 1 of this act or under this chapter, the board of supervisors may adopt a resolution requesting that the legislative authority in the county or counties in which the district is located appoint district electors to serve as elected supervisors on the board. If requested to appoint supervisors under this section, the legislative authority shall appoint persons to serve as elected supervisors as the terms of current elected supervisors expire. In making the appointments, the legislative authority shall ensure that at least two of the elected supervisors are landowners or operators of farms. If a district is located in more than one county, the legislative authority of the counties in which the district is located shall cooperate to jointly appoint the elected supervisors. Conservation district supervisors in districts that choose to have their supervisors appointed under this section are exempted from the requirements of chapter 42.17 RCW.

Sec. 4. RCW 89.08.020 and 1999 c 305 s 1 are each amended to read as follows:

Unless the context clearly indicates otherwise, as used in this chapter:

(1) "Commission" and "state conservation commission" mean((s)) the agency created hereunder. All former references to "state soil and water conservation committee", "state committee" or "committee" shall be deemed to be references to the "state conservation commission"((;)).

(2) "District", or "conservation district" means a governmental subdivision of this state and a public body corporate and politic, organized in accordance with the provisions of chapter 184, Laws of 1973 1st ex. sess., for the purposes, with the powers, and subject to the restrictions set forth in this chapter. All districts created under chapter 184, Laws of 1973 1st ex. sess. shall be known as conservation districts and shall have all the powers and duties set out in chapter 184, Laws of 1973 1st ex. sess. All references in chapter 184, Laws of 1973 1st ex. sess. to "districts", or "soil and water conservation districts" shall be deemed to be reference to "conservation districts"((;)).

(3) "Board" and "supervisors" mean the board of supervisors of a conservation district((;)).

(4) "Land occupier" or "occupier of land" includes any person, firm, political subdivision, government agency, municipality, public or private corporation, copartnership, association, or any other entity whatsoever which holds title to, or is in possession of, any lands lying within a district organized under the provisions of chapter 184, Laws of 1973 1st ex. sess., whether as owner, lessee, renter, tenant, or otherwise((;)).

(5) "District elector" or "voter" means a registered voter in the county where the district is located who resides within the district boundary or in the area affected by a petition((;)).

(6) "Due notice" means a notice published at least twice, with at least six days between publications, in a publication of general circulation within the affected area, or if there is no such publication, by posting at a reasonable number of public places within the area, where it is customary to post notices concerning county and municipal affairs. Any hearing held pursuant to due notice may be postponed from time to time without a new notice((;)).

(7) "Renewable natural resources", "natural resources" or "resources" includes land, air, water, vegetation, fish, wildlife, wild rivers, wilderness, natural beauty, scenery and open space((;)).

(8) "Conservation" includes conservation, development, improvement, maintenance, preservation, protection and use, and alleviation of floodwater and sediment damages, and the disposal of excess surface waters.

(9) "Farm and agricultural land" means either (a) land in any contiguous ownership of twenty or more acres devoted primarily to agricultural uses; (b) any parcel of land five acres or more but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to one hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter; or (c) any parcel of land of less than five acres devoted primarily to agricultural uses which has produced a gross income of one thousand dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter. Agricultural lands shall also include farm woodlots of less than twenty and more than five acres and the land on which appurtenances necessary to production, preparation or sale of the agricultural products exist in conjunction with the lands producing such products. Agricultural lands shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as "farm and agricultural lands".

(10) "Elected supervisor" means a member of the board of supervisors who is not appointed by the conservation commission and who is either (a) elected under section 1 of this act or under this chapter, or (b) appointed under section 3 of this act.

NEW SECTION. Sec. 5. 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 takes effect immediately."

SSB 5904 - S AMD 064

By Senators Rasmussen, Swecker and Morton

On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "choosing conservation district supervisors; amending RCW 89.08.160 and 89.08.020; adding a new section to chapter 29.04 RCW; adding a new section to chapter 89.08 RCW; and declaring an emergency."