AN ACT Relating to the utilities and transportation commission; amending RCW 80.01.010 and 80.01.050; and adding a new section to chapter 34.12 RCW.

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

Sec. 1. Section 80.01.010, chapter 14, Laws of 1961 as amended by section 4, chapter 307, Laws of 1961 and RCW 80.01.010 are each amended to read as follows:

There is hereby created and established a state commission to be known and designated as the Washington utilities and transportation commission, and in this chapter referred to as the commission.

The commission shall be composed of ((~~three~~)) five members appointed by the governor, with the consent of the senate. Not more than ((~~two~~)) three members of ((~~said~~)) the commission shall belong to the same political party.

The members of the first commission to be appointed after taking effect of this section shall be appointed for terms beginning April 1, 1951, and expiring as follows: One commissioner for the term expiring January 1, 1953; one commissioner for the term expiring January 1, 1955; one commissioner for the term expiring January 1, 1957. Two additional commissioners shall be appointed for terms beginning July 1, 1985; one for a term ending January 1, 1988, and one for a term ending January 1, 1990. Each of the commissioners shall hold office until his successor is appointed and qualified. Upon the expiration of the initial terms of the ((~~three~~)) commissioners ((~~first to be~~)) appointed as ((~~herein~~)) provided in this section, each succeeding commissioner shall be appointed and hold office for the term of six years. One of such commissioners to be designated by the governor, shall, during the term of the appointing governor, be the chairman of the commission.

Each commissioner shall receive a salary as may be fixed by the governor in accordance with the provisions of RCW 43.03.040.

Any member of the commission may be removed for inefficiency, malfeasance, or misfeasance in office, upon specific written charges filed by the governor, who shall transmit such written charges to the member accused and to the chief justice of the supreme court. The chief justice shall thereupon designate a special tribunal composed of three judges of the superior court to hear and adjudicate the charges. Such tribunal shall fix the time, place, and procedure for the hearing, and the hearing shall be public. The decision of such tribunal shall be final and not subject to review.

If the tribunal specified herein finds the charges of the governor to be true, the governor shall have the right to immediately remove the commissioner from office, to declare the position of the commissioner vacant, and appoint another commissioner to the position in accordance with the provisions of the law.

Any vacancy arising in the office of commissioner shall be filled by appointment by the governor, and an appointee selected to fill such vacancy shall hold office for the balance of the full term for which his predecessor on the commission was appointed.

If a vacancy occurs while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate, when he shall present to the senate his nomination or nominations for the office to be filled.

Sec. 2. Section 80.01.050, chapter 14, Laws of 1961 and RCW 80.01.050 are each amended to read as follows:

(1) A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission, and may hold hearings at any time or place within or without the state. Any investigation, inquiry or hearing which the commission has power to undertake or to hold may be undertaken or held by or before any panel of commissioners appointed by the chairman of the commission or any examiner designated and authorized by the commission as provided in RCW 80.01.060. ((All investigations, inquiries and hearings of the commission, and all findings, orders or decisions, made by a commissioner, when approved and confirmed by the commission and filed in its office, shall be and be deemed to be the orders or decisions of the commission.)) A panel may not be composed of fewer than three commissioners. If a panel of commissioners is appointed, a decision of a majority of the panel is a decision of the commission, except as described in subsection (2) of this section.

(2) Any member of a panel voting in a case decided under subsection (1) of this section may request the commission to review the decision of the panel. The request for review shall occur within seven days of the panel decision and such review shall occur within fourteen days of the request. In any review proceeding, a decision of the majority of the commission shall be the decision of the commission.

NEW SECTION. Sec. 3. A new section is added to chapter 34.12 RCW to read as follows:

RCW 34.12.060 shall not apply to proceedings before the Washington utilities and transportation commission unless the commission requests a proposal for decision.