S-0278.1/91       _______________________________________________

                                 SENATE BILL 5019

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senators von Reichbauer, Vognild, McDonald, Thorsness, Gaspard and Erwin.

Read first time January 15, 1991.  Referred to Committee on Governmental Operations.Authorizing the governor to appoint the secretary of transportation.

     AN ACT Relating to the appointment of the secretary of transportation; and amending RCW 43.17.020 and 47.01.041.

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

     Sec. 1.  RCW 43.17.020 and 1989 1st ex.s. c 9 s 811 are each amended to read as follows:

     There shall be a chief executive officer of each department to be known as:  (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fisheries, (6) the director of wildlife, (7) the secretary of transportation, (8) the director of licensing, (9) the director of general administration, (10) the director of trade and economic development, (11) the director of veterans affairs, (12) the director of revenue, (13) the director of retirement systems, (14) the secretary of corrections, (15) the director of community development, and (16) the secretary of health.

     Such officers((, except the secretary of transportation,)) shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor.  The director of wildlife, however, shall be appointed according to the provisions of RCW 77.04.080.  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.  A temporary director of wildlife shall not serve more than one year.  ((The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041.))

     Sec. 2.  RCW 47.01.041 and 1983 1st ex.s. c 53 s 28 are each amended to read as follows:

     The executive head of the department of transportation shall be the secretary of transportation, who shall be appointed by the ((transportation commission)) governor with the consent of the senate, and shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040.  The secretary shall hold office at the pleasure of the governor.

     The secretary shall be an ex officio member of the commission without a vote.  The secretary shall be the chief executive officer of the commission and be responsible to it, and shall be guided by policies established by it.  ((The secretary shall serve until removed by the commission, but only for incapacity, incompetence, neglect of duty, malfeasance in office, or failure to carry out the commission's policies.  Before a motion for dismissal shall be acted on by the commission, the secretary shall be granted a hearing on formal written charges before the full commission.  An action by the commission to remove the secretary shall be final.))