BILL REQ. #:  H-0960.4 

Read first time 02/12/2007.   Referred to Committee on Local Government.

     AN ACT Relating to creating more uniform districting requirements for large and small port districts; amending RCW 53.12.010 and 53.12.021; and adding a new section to chapter 53.12 RCW.

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

Sec. 1   RCW 53.12.010 and 2002 c 51 s 1 are each amended to read as follows:
     (1)(a) The powers of the port district shall be exercised through a port commission consisting of three or, when permitted or required by this title, five members. Every port district ((that is not coextensive with a county having a population of five hundred thousand or more)) shall be divided into the same number of commissioner districts as there are commissioner positions, each having approximately equal population, unless provided otherwise under subsection (2) of this section. Where a port district with three commissioner positions is coextensive with the boundaries of a county that has a population of less than five hundred thousand and the county has three county legislative authority districts, the port commissioner districts shall be the county legislative authority districts. In other instances where a port district is divided into commissioner districts, the port commission shall divide the port district into commissioner districts unless the commissioner districts have been described pursuant to RCW 53.04.031. The commissioner districts shall be altered as provided in chapter 53.16 RCW.
     (b) Commissioner districts subject to the provisions of (a) of this subsection shall ((be used as follows)) meet the following requirements: (((a))) (i) 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))) (ii) only the voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire port district may vote at a general election to elect a person as a commissioner of the commissioner district.
     (2)(a) In port districts with five commissioners, two of the commissioner districts may include the entire port district if approved by the voters of the district either at the time of formation or at a subsequent port district election at which the issue is proposed pursuant to a resolution adopted by the board of commissioners and delivered to the county auditor.
     (b) In a port district with five commissioners, where two of the commissioner districts include the entire port district, the port district may be divided into five commissioner districts if proposed pursuant to a resolution adopted by the board of commissioners or pursuant to a petition by the voters and approved by the voters of the district at the next general or special election occurring sixty or more days after the adoption of the resolution. A petition proposing such an increase must be submitted to the county auditor of the county in which the port district is located and signed by voters of the port district at least equal in number to ten percent of the number of voters in the port district who voted at the last general election.
     Upon approval by the voters, the commissioner district boundaries shall be redrawn into five districts within one hundred twenty days and submitted to the county auditor pursuant to RCW 53.16.015. The new commissioner districts shall be numbered one through five and the three incumbent commissioners representing the three former districts shall represent commissioner districts one through three. The two at large incumbent commissioners shall represent commissioner districts four and five. If, as a result of redrawing the district boundaries more than one of the incumbent commissioners resides in one of the new commissioner districts, the commissioners who reside in the same commissioner district shall determine by lot which of the numbered commissioner districts they shall represent for the remainder of their respective terms.

Sec. 2   RCW 53.12.021 and 1994 c 223 s 82 are each amended to read as follows:
     Any ((less than county-wide)) port district that uses commissioner districts may cease using commissioner districts as provided in this section.
     A ballot proposition authorizing the elimination of commissioner districts shall be submitted to the voters of a ((less than county-wide)) port district that is divided into commissioner districts if (1) a petition is submitted to the port commission proposing that the port district cease using commissioner districts, that is signed by registered voters of the port district equal in number to at least ten percent of the number of voters who voted at the last district general election; or (2) the port commissioners adopt a resolution proposing that the port district cease using commissioner districts. The port commission shall transfer the petition or resolution immediately to the county auditor who shall, when a petition is submitted, review the signatures and certify its sufficiency. A ballot proposition authorizing the elimination of commissioner districts shall be submitted at the next district general election occurring sixty or more days after a petition with sufficient signatures was submitted. If the ballot proposition authorizing the port district to cease using commissioner districts is approved by a simple majority vote, the port district shall cease using commissioner districts at all subsequent elections.

NEW SECTION.  Sec. 3   A new section is added to chapter 53.12 RCW to read as follows:
     (1) Every port district with a population of one million or more shall have five commissioners, shall be divided into five commissioner districts of approximately equal population, and shall be subject to the requirements of RCW 53.12.010(1)(b), except as otherwise provided in this chapter.
     (2) If a port district with a population of one million or more on or after the effective date of this act is not in compliance with the requirements of subsection (1) of this section, the port commissioners who are holding office in that port district shall:
     (a) Retain their positions for the remainder of their terms and until their successors are elected and qualified; and
     (b) Assume office in accordance with RCW 29A.20.040.
     (3) The port commissioners shall divide the port district into five commissioner districts prior to the first day of June in the year in which the next regular election for commissioner shall be held. The new commissioner districts shall be numbered one through five and shall be represented by the incumbent commissioners. If, as a result of drawing the district boundaries more than one of the incumbent commissioners resides in one of the new commissioner districts, the commissioners who reside in the same commissioner district shall determine by lot which of the commissioner districts they shall represent for the remainder of their respective terms.
     (4) If additional commissioners must be elected to increase the number of commissioners to five, the procedures of RCW 53.12.130 shall be followed.