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                                         SUBSTITUTE SENATE BILL NO. 4639

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                                         AS AMENDED BY THE FREE CONFERENCECOMMITTEE

                                                                            C 159 L 86

State of Washington                              49th Legislature                              1986 Regular Session

By Senate Committee on Governmental Operations (originally sponsored by Senators Granlund, Zimmerman and Thompson)

Read first time 2/6/86.

AN ACT Relating to vacancies in elective office; amending RCW 36.32.070; and adding a new sections to chapter 42.12 RCW; and providing an effective date.

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

        Sec. 1.  Section 36.32.070, chapter 4, Laws of 1963 and RCW 36.32.070 are each amended to read as follows:

          Whenever there is a vacancy in the board of county commissioners, it shall be filled as follows:

          (1) If there are three vacancies, the governor of the state shall appoint two of the officers.  The two commissioners thus appointed shall then meet and select the third commissioner.  The vacancies shall be filled in accordance with Article II, section 15 of the state Constitution and section 3 of this 1986 act.  ((If the two appointed commissioners fail to agree upon selection of the third after the expiration of five days from the day they were appointed, the governor shall appoint the remaining commissioner.))

          (2) Whenever there are two vacancies in the office of county commissioner, the governor shall appoint one commissioner, and the two commissioners then in office shall appoint the third commissioner.  The vacancies shall be filled in accordance with Article II, section 15 of the state Constitution and section 3 of this 1986 act.   ((If they fail to agree upon a selection after the expiration of five days from the day of the governor's appointment, the governor shall appoint the third commissioner.))

          (3) Whenever there is one vacancy in the office of county commissioner, the two remaining commissioners shall fill the vacancy in accordance with Article II, section 15 of the state Constitution and section 3 of this 1986 act.   ((If the two commissioners fail to agree upon a selection after the expiration of five days from the day the vacancy occurred, the governor shall appoint the third commissioner.))

NEW SECTION. Sec. 2.  A new section is added to chapter 42.12 RCW to read as follows:

          When a vacancy occurs in the office of senator or representative of a legislative district comprising more than one county, the legislative authorities of the counties partially and entirely within the district shall, in joint action, fill the vacancy.  The chairperson of the legislative authority of the county whose population residing within the district is greatest shall chair the meeting.  Members of each legislative authority, not disqualified from voting under Article II, section 15 of the state Constitution, shall cast individual votes that together amount to the percentage, rounded to the nearest whole number, that the population of the county within the legislative district bears to the population of the entire district.  Populations shall be determined by the last decennial census or special census conducted by the bureau of the census of the United States department of commerce and shall exclude nonresident military personnel.  The person who receives a majority percentage of the votes shall be appointed to fill the vacancy.

NEW SECTION. Sec. 3.  A new section is added to chapter 42.12 RCW to read as follows:

          (1) A state or county central committee submitting a list of nominees under Article II, section 15 of the state Constitution shall do so within fourteen days of the occurrence of the vacancy.

          (2) A county legislative authority or jointly meeting county legislative authorities making an appointment under Article II, section 15 of the state Constitution shall do so within twenty-eight days of the occurrence of the vacancy.

          (3) Except as provided in subsection (4) of this section, an appointment made by the governor under Article II, section 15 of the state Constitution shall be made within forty-two days of the occurrence of the vacancy.

          (4) An appointment made by the governor under Article II, section 15 of the state Constitution to establish a majority of filled positions on a county legislative authority shall be made within twenty-eight days of the occurrence of each vacancy.

NEW SECTION. Sec. 4.     Sections 1 through 3 of this act shall take effect December 15, 1986, if the proposed amendment to Article II, section 15 of the state Constitution, Substitute Senate Joint Resolution No. 138, modifying methods for filling vacancies in the legislature or county elective office, is validly submitted to and is approved and ratified by the voters at a general election held in November 1986.  If the proposed amendment is not so approved and ratified, sections 1 through 3 of this act shall be null and void in their entirety.

                                                                                                                          Passed the Senate March 12, 1986.

                                                                                                                                       President of the Senate.

                                                                                                                          Passed the House March 12, 1986.

                                                                                                                                         Speaker of the House.