SENATE BILL REPORT
SB 5437
As of February 28, 2023
Title: An act relating to vacancies of the governing body of special purpose districts.
Brief Description: Concerning vacancies of the governing body of special purpose districts.
Sponsors: Senators MacEwen and Hunt.
Brief History:
Committee Activity: Local Government, Land Use & Tribal Affairs: 2/02/23.
Brief Summary of Bill
  • Requires that, after a vacancy occurs, the remaining members of the governing body of certain special purpose districts must nominate at least two candidates at a meeting of the governing body.
  • Requires the governing body to post notice of the vacancy and the names of the nominated candidates in three public places, including the district's website, for a minimum of 15 days.
  • Allows registered voters who reside in the special purpose district to submit nominations to the remaining members of the governing body.
SENATE COMMITTEE ON LOCAL GOVERNMENT, LAND USE & TRIBAL AFFAIRS
Staff: Karen Epps (786-7424)
Background:

When a vacancy on an elected nonpartisan governing body of a special purpose district where property ownership is not a qualification to vote, or a town or a city other than a first-class city or a charter code city occurs, the remaining members of the governing body appoint someone to fill the vacancy.

 

If the appointment is not made within 90 days of the vacancy, the authority to make the appointment reverts to the county legislative authority of the county in which all or the largest geographic portion of the local government is located. If the county legislative authority fails to make the appointment within 180 days of the vacancy, the county or remaining members of the local governmental governing body may request the Governor to make the appointment.

 

Where less than two members of the governing body remain in office, the county legislative authority of the county in which all or the largest geographic portion of the government is located appoints either one or two persons to bring the governing body up to two persons.

 

Special purpose districts that use this process to fill vacancies include:

  • Airport District Commissioners;
  • Metropolitan Park District Commissioners;
  • Park and Recreation District Commissioners;
  • Fire Protection District Commissioners;
  • Port District Commissioners;
  • Public Utility District Commissioners;
  • Water-Sewer District Commissioners;
  • Cemetery District Commissioners;
  • Public Hospital District Commissioners; and
  • Flood Control Zone District Supervisors.
Summary of Bill:

After a vacancy occurs on a special purpose where property ownership is not a qualification to vote, the remaining members of the governing body must nominate at least two candidates at a meeting of the governing body.

 

The governing body must post notice of the vacancy and the names of the nominated candidates in three public places in the special purpose district, including on the district's website if the district has a website, for a minimum of 15 days. During the notice period, registered voters who reside in the special purpose district may submit nominations to the remaining members of the governing body.

 

After the notice period, the remaining members of the governing body must appoint a qualified person or persons from the nominations to the governing body at a meeting of the governing body.
Appropriation: None.
Fiscal Note: Not requested.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.