SB 5437 — Concerning vacancies of the governing body of special purpose districts.

S-1261.2S-0685.1 SUBSTITUTE SENATE BILL 5437 State of Washington 68th Legislature 2023 Regular Session By SenateSenators LocalMacEwen Government,and LandHunt UseAN &ACT TribalRelating Affairsto (originallyvacancies sponsoredof bythe Senatorsgoverning MacEwenbody andof Hunt)special READpurpose FIRSTdistricts; TIME 02/08/23.

AN ACT Relating to vacancies of the governing body of special purpose districts;

A vacancy on an elected nonpartisan governing body of a qualifying((special special purpose district ((wherewhere property ownership is not a qualification to vote)),vote, aa)) town,town((,)) or a city other than a first-class city or a charter code city, shall be filled as follows unless the provisions of law relating to the qualifying((special specialdistrict,)) purposetown((,)) district, town, or city provide otherwise:

1 SSBSB 5437 positions is filled with each of the new appointees participating in each appointment that is made after his or her appointment.

(3) If less than two members of a governing body remain in office, the county legislative authority of the county in which all or the largest geographic portion of the city,city((,)) town, or qualifyingtown((, or special purposedistrict)) district is located shall appoint a qualified person or persons to the governing body until the governing body has two members.

(4) If a governing body fails to appoint a qualified person to fill a vacancy within ninety days of the occurrence of the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority of the county in which all or the largest geographic portion of the city,city((,)) town, or qualifyingtown((, or special purposedistrict)) district is located shall appoint a qualified person to fill the vacancy.

(5) If the county legislative authority of the county fails to appoint a qualified person within one hundred eighty days of the occurrence of the vacancy, the county legislative authority or the remaining members of the governing body of the city,city((,)) town, or qualifyingtown((, or special purposedistrict)) district may petition the governor to appoint a qualified person to fill the vacancy.

(7) For purposes of this section, "qualifying special purpose district" means a fire protection district created under chapter 52.14 RCW with assessed values under $5,000,000,000, and a water- sewer district created under chapter 57.12 RCW with assessed values under $5,000,000,000.

A vacancy on an elected nonpartisan governing body of a special purpose district where property ownership is not a qualification to votevote, orshall thatbe isfilled notas afollows qualifyingunless specialthe purposeprovisions districtof definedlaw inrelating p.to the special district provide otherwise:

2(1) SSBWhere 5437one RCWposition 42.12.070,is shallvacant, bethe filledremaining asmembers followsof unless the provisionsgoverning ofbody lawshall relatingappoint toa thequalified specialperson purposeto districtfill providethe otherwise:vacant position.

(1)p. After a vacancy occurs, the remaining members of the governing body must nominate at least one candidate at a meeting of the governing body.

The2 governingSB body5437 must(2) thenWhere causetwo noticeor more positions are vacant and two or more members of the vacancygoverning andbody remain in office, the nameremaining members of the nominatedgoverning candidatebody orshall candidatesappoint a qualified person to befill postedone inof threethe publicvacant placespositions, inthe remaining members of the specialgoverning purposebody district,and includingthe newly appointed person shall appoint another qualified person to fill another vacant position, and so on until each of the district'svacant websitepositions ifis filled with each of the districtnew hasappointees aparticipating website,in foreach aappointment minimumthat ofis 15made days.after his or her appointment.

(3) If less than two members of a governing body remain in office, the county legislative authority of the county in which all or the largest geographic portion of the special district is located shall appoint a qualified person or persons to the governing body until the governing body has two members.

(4) After a vacancy occurs, the remaining members of the governing body must nominate at least two candidates at a meeting of the governing body.

The governing body must cause notice of the vacancy and the names of the nominated candidates to be posted 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.

(2) After the notice periodperiod, described in subsection (1) of this section, the remaining members of the governing body shall appoint a qualified person toor fillpersons the vacant position from the candidatesnominations nominatedto by either the governing body or the public at a meeting of the governing body.

(3)(5) WhereIf twoa or more positions are vacant and two or more members of the governing body remainfails into office, the remaining members of the governing body shall appoint a qualified person to fill onea ofvacancy thewithin vacant90 positionsdays underof the nominationoccurrence process described in subsection (1) of thisthe section,vacancy, the remainingauthority members of the governing body andto fill the newlyvacancy appointed person shall appointcease anotherand qualifiedthe personcounty tolegislative fillauthority anotherof vacant position under the nominationcounty process described in subsectionwhich (1)all ofor thisthe section,largest andgeographic soportion on until each of the vacantspecial positionsdistrict is filledlocated withshall eachappoint ofa thequalified newperson appointeesto participatingfill inthe eachvacancy. appointment that is made after his or her appointment.

(4)(6) If lessthe thancounty twolegislative membersauthority of the county fails to appoint a governingqualified bodyperson remainwithin in180 office,days of the countyoccurrence legislativeof authoritythe ofvacancy, the county inlegislative whichauthority all or the largestremaining geographicmembers portionof the governing body of the special purpose district ismay locatedpetition shallthe governor to appoint a qualified person or persons to thefill governing body until the governingvacancy. body has two members.

(5) If a governing body fails to appoint a qualified person to fill a vacancy within 90 days of the occurrence of the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority of the county in which all or the largest geographic portion of the special purpose district is located shall appoint a qualified person to fill the vacancy.

(6) If the county legislative authority of the county fails to appoint a qualified person within 180 days of the occurrence of the p.

3 SSB 5437 vacancy, the county legislative authority or the remaining members of the governing body of the special purpose district may petition the governor to appoint a qualified person to fill the vacancy.

(7)p. As provided in chapter 29A.24 RCW, each person who is appointed shall serve until a qualified person is elected at the next election at which a member of the governing body normally would be elected.

3 SB 5437 (7) As provided in chapter 29A.24 RCW, each person who is appointed shall serve until a qualified person is elected at the next election at which a member of the governing body normally would be elected.

(6) The governor may require the attorney general or any prosecuting attorney to inquire into the affairs or management of any corporation existing under the laws of this state, or doing business in this state, and report the same to the governor, or to any grand p.jury designated by the governor, or to the legislature when next in session;

4 SSB 5437 jury designated by the governor, or to the legislature when next in session;

(8) The governor may offer rewards, not exceeding one thousand dollars in each case, payable out of the state treasury, for information leading to the apprehension of any person convicted of a felonyp. who has escaped from a state correctional institution or for information leading to the arrest of any person who has committed or is charged with the commission of a felony;

4 SB 5437 felony who has escaped from a state correctional institution or for information leading to the arrest of any person who has committed or is charged with the commission of a felony;

p.(15) On all compacts forwarded to the governor pursuant to RCW 9.46.360(6), the governor is authorized and empowered to execute on behalf of the state compacts with federally recognized Indian tribes in the state of Washington pursuant to the federal Indian Gaming Regulatory Act, 25 U.S.C.

5 SSB 5437 (15) On all compacts forwarded to the governor pursuant to RCW 9.46.360(6), the governor is authorized and empowered to execute on behalf of the state compacts with federally recognized Indian tribes in the state of Washington pursuant to the federal Indian Gaming Regulatory Act, 25 U.S.C.

Sec.p.

5 SB 5437 Sec.

(2) when the number of commissioners is increased from three or five to seven, the terms of the new commissioners shall be staggered over the next three district general elections so that two commissioners will be elected at the first district general election following the election where the additional commissioners are elected, two commissioners will be at p.the second district general election after the election of the additional commissioners, and three commissioners will be elected at the third district general election following the election of the additional commissioners, with the persons elected receiving the greatest number of votes elected to serve the longest terms.

6 SSB 5437 the second district general election after the election of the additional commissioners, and three commissioners will be elected at the third district general election following the election of the additional commissioners, with the persons elected receiving the greatest number of votes elected to serve the longest terms.

76 SSBSB 5437