S-1002.1/91       _______________________________________________

 

                            SUBSTITUTE SENATE BILL 5020

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Senate Committee on Governmental Operations (originally sponsored by Senator L. Smith).

 

Read first time January 25, 1991.


     AN ACT Relating to per diem compensation; amending RCW 85.05.410, 85.06.380, 85.08.320, 85.24.080, 36.70.310, 36.93.070, 41.14.030, 36.57A.050, 36.62.200, 36.68.030, 36.69.110, 36.95.070, and 84.48.036; and adding a new section to chapter 36.32 RCW.

 

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

 

     Sec. 1.  RCW 85.05.410 and 1985 c 396 s 39 are each amended to read as follows:

     Members of the board of diking commissioners of any diking district in this state may receive as compensation the sum of up to ((twenty-five)) fifty dollars for attendance at official meetings of the district and for each day or major part thereof for all necessary services actually performed in connection with their duties as commissioners, and shall receive the same compensation as other labor of a like character for all other necessary work or services performed in connection with their duties:  PROVIDED, That such compensation shall not exceed ((three)) four thousand eight hundred dollars in one calendar year, except when the commissioners declare an emergency.  Allowance of such compensation shall be established and approved at regular meetings of the board, and when a copy of the extracts of minutes of the board meeting relative thereto showing such approval is certified by the secretary of such board and filed with the county auditor, the allowance made shall be paid as are other claims against the district.

     Each commissioner is entitled to reimbursement for reasonable expenses actually incurred in connection with such business, including subsistence and lodging, while away from the commissioner's place of residence, and mileage for use of a privately owned vehicle in accordance with chapter 42.24 RCW.

 

     Sec. 2.  RCW 85.06.380 and 1985 c 396 s 43 are each amended to read as follows:

     In performing their duties under the provisions of this title the board and members of the board of drainage commissioners shall receive as compensation up to ((twenty-five)) fifty dollars for attendance at official meetings of the district and for each day or major part thereof for all necessary services actually performed in connection with their duties as commissioners:  PROVIDED, That such compensation shall not exceed four thousand eight hundred dollars in one calendar year:  PROVIDED FURTHER, That such services and compensation are allowed and approved at a regular meeting of the board.  Upon the submission of a copy, certified by the secretary, of the extracts of the relevant minutes of the board showing such approval, to the county auditor, the same shall be paid as other claims against the district are paid.  Each commissioner is entitled to reimbursement for reasonable expenses actually incurred in connection with such business, including his subsistence and lodging, while away from the commissioner's place of residence and mileage for use of a privately-owned vehicle in accordance with chapter 42.24 RCW.

 

     Sec. 3.  RCW 85.08.320 and 1986 c 278 s 32 are each amended to read as follows:

     The compensation of the superintendent of construction, the board of appraisers hereinafter provided for, and any special engineer, attorney or agent employed by the district in connection with the improvement, the maximum wages to be paid, and the maximum price of materials to be used, shall be fixed by the district board of supervisors.  Members of the board of supervisors may receive compensation up to ((twenty-five)) fifty dollars for attending each official meeting of the district and for each day or major part thereof for all necessary services actually performed in connection with their duties as supervisors:  PROVIDED, That such compensation shall not exceed four thousand eight hundred dollars in one calendar year.  Each supervisor shall be entitled to reimbursement for reasonable expenses actually incurred in connection with business, including subsistence and lodging while away from the supervisor's place of residence and mileage for use of a privately owned vehicle in accordance with chapter 42.24 RCW.  All costs of construction or maintenance done under the direction of the board of supervisors shall be paid upon vouchers or payrolls verified by two of the said supervisors.  All costs of construction and all other expenses, fees and charges on account of such improvement shall be paid by warrants drawn by the county auditor upon the county treasurer upon the proper fund, and shall draw interest at a rate determined by the county legislative authority until paid or called by the county treasurer as warrants of the county are called.

 

     Sec. 4.  RCW 85.24.080 and 1985 c 396 s 54 are each amended to read as follows:

     The members of the board shall receive as compensation up to ((twenty-five)) fifty dollars for attendance at official meetings of the district and for each day or major part thereof for all necessary services actually performed in connection with their duties as commissioners:  PROVIDED, That such compensation shall not exceed four thousand eight hundred dollars in one calendar year:  PROVIDED FURTHER, That the board may fix a different salary for the secretary thereof in lieu of the per diem.  Each commissioner is entitled to reimbursement for reasonable expenses actually incurred in connection with such business, including subsistence and lodging, while away from the commissioner's place of residence, and mileage for use of a privately owned vehicle in accordance with chapter 42.24 RCW.  The salary and expenses shall be paid by the treasurer of the fund, upon orders made by the board.  Each member of the board must before being paid for expenses, take vouchers therefore from the person or persons to whom the particular amount was paid, and must also make affidavit that the amounts were necessarily incurred and expended in the performance of his duties.

 

     NEW SECTION.  Sec. 5.  A new section is added to chapter 36.32 RCW to read as follows:

     The legislative authority of each county may by resolution provide for compensation for members of commissions and boards appointed by the county legislative authority, or for which the county legislative authority has funding responsibility, of up to fifty dollars per day or portion thereof for attendance at board or commission meetings.  This section shall supersede any other provision of law setting a lesser amount for compensation of the members of such a board or commission.

 

     Sec. 6.  RCW 36.70.310 and 1963 c 4 s 36.70.310 are each amended to read as follows:

     Members of planning agencies shall inform themselves on matter affecting the functions and duties of planning agencies.  For that purpose, and when authorized, such members may attend planning conferences, meetings of planning executives or of technical bodies; hearings on planning legislation or matters relating to the work of the planning agency.  The reasonable travel expenses, registration fees and other costs incident to such attendance at such meetings and conferences shall be charges upon the funds allocated to the planning agency.  In addition, members of a commission may also receive ((reasonable travel expenses to and from their usual place of business to the place of a)) compensation of up to fifty dollars per day for attendance at regular meetings of the commission.  The planning agency may, when authorized, pay dues for membership in organizations specializing in the subject of planning.  The planning agency may, when authorized, subscribe to technical publications pertaining to planning.

 

     Sec. 7.  RCW 36.93.070 and 1987 c 477 s 1 are each amended to read as follows:

     The members of each boundary review board shall elect from its members a chairman, vice chairman, and shall employ a nonmember as chief clerk, who shall be the secretary of the board.  The board shall determine its own rules and order of business and shall provide by resolution for the time and manner of holding all regular or special meetings:  PROVIDED, That all meetings shall be subject to chapter 42.30 RCW.  The board shall keep a journal of its proceedings which shall be a public record.  A majority of all the members shall constitute a quorum for the transaction of business.

     The chief clerk of the board shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas to any public officer or employee ordering him or her to testify before the board and produce public records, papers, books or documents.  The chief clerk may invoke the aid of any court of competent jurisdiction to carry out such powers.

     The board by rule may provide for hearings by panels of members consisting of not less than five board members, the number of hearing panels and members thereof, and for the impartial selection of panel members.  A majority of a panel shall constitute a quorum thereof.

     At the request of the board, the state attorney general, or at the board's option, the county prosecuting attorney, shall provide counsel for the board.

     The planning departments of the county, other counties, and any city, and any state or regional planning agency shall furnish such information to the board at its request as may be reasonably necessary for the performance of its duties.

     Each member of the board shall be compensated from the county current expense fund at the rate of ((twenty‑five)) up to fifty dollars per day, or a major portion thereof, for time actually devoted to the work of the boundary review board.  Each ((board of)) county ((commissioners)) legislative authority shall provide such funds as shall be necessary to pay the salaries of the members and staff, and such other expenses as shall be reasonably necessary.

 

     Sec. 8.  RCW 41.14.030 and 1959 c 1 s 3 are each amended to read as follows:

     There is created in each county and in each combination of counties, combined pursuant to RCW 41.14.040 to carry out the provisions of this chapter, a civil service commission which shall be composed of three persons.  The commission members shall be appointed by the ((board of)) county ((commissioners)) legislative authority, or ((boards of county commissioners)) authorities of each combination of counties, within sixty days after December 4, 1958.  No person shall be appointed to the commission who is not a citizen of the United States, a resident of the county, or one of the counties combined, for at least two years immediately preceding his or her appointment, and an elector of the county wherein he or she resides.  The term of office of the commissioners shall be six years, except that the first three members of the commission shall be appointed for different terms, as follows:  One to serve for a period of two years, one to serve for a period of four years, and one to serve for a period of six years.  Any member of the commission may be removed from office for incompetency, incompatibility, or dereliction of duty, or malfeasance in office, or other good cause:  PROVIDED, That no member of the commission shall be removed until charges have been preferred, in writing, due notice, and a full hearing had. Any vacancy in the commission shall be filled by the county ((commissioners)) legislative authority for the unexpired term.  Two members of the commission shall constitute a quorum and the votes of any two members concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission.  Confirmation of the appointment of commissioners by any legislative body shall not be required.  At the time of appointment not more than two commissioners shall be adherents of the same political party.  No member after appointment shall hold any salaried public office or engage in county employment, other than his or her commission duties.  ((The members of the commission shall serve without compensation.))

 

     Sec. 9.  RCW 36.57A.050 and 1983 c 65 s 3 are each amended to read as follows:

     Within sixty days of the establishment of the boundaries of the public transportation benefit area the members of the county legislative authority and the elected representative of each city within the area shall provide for the selection of the governing body of such area, the public transportation benefit area authority, which shall consist of elected officials selected by and serving at the pleasure of the governing bodies of component cities within the area and the county legislative authority of each county within the area.  If at the time a public transportation benefit area authority assumes the public transportation functions previously provided under the Interlocal Cooperation Act (chapter 39.34 RCW) there are citizen positions on the governing board of the transit system, those positions may be retained as positions on the governing board of the public transportation benefit area authority.

     Within such sixty‑day period, any city may by resolution of its legislative body withdraw from participation in the public transportation benefit area.  The county legislative authority and each city remaining in the public transportation benefit area may disapprove and prevent the establishment of any governing body of a public transportation benefit area if the composition thereof does not meet its approval.

     In no case shall the governing body of a single county public transportation benefit area be greater than nine members and in the case of a multicounty area, fifteen members.  Those cities within the transportation benefit area and excluded from direct membership on the authority are hereby authorized to designate a member of the authority who shall be entitled to represent the interests of such city which is excluded from direct membership on the authority.  The legislative body of such city shall notify the authority as to the determination of its authorized representative on the authority.

     Each member of the authority is eligible to ((be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and to)) receive compensation, as set by the authority, in an amount not to exceed ((forty‑four)) fifty dollars for each day during which the member attends official meetings of the authority or performs prescribed duties approved by the chairman of the authority.  In no event may a member be compensated in any year for more than seventy‑five days, except the chairman who may be paid compensation for not more than one hundred days:  PROVIDED, That compensation shall not be paid to an elected official or employee of federal, state, or local government who is receiving regular full‑time compensation from such government for attending meetings and performing prescribed duties of the authority.

 

     Sec. 10.  RCW 36.62.200 and 1984 c 26 s 17 are each amended to read as follows:

     No trustee shall ((receive any compensation or emolument whatever for services as trustee; nor shall any trustee)) have or acquire any personal interest in any lease or contract whatsoever, made by the county or board of trustees with respect to such hospital or institution((:  PROVIDED, That)) .  Each member of a board of trustees of a county hospital may be ((reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended:  PROVIDED FURTHER, That, in addition, trustees of a county hospital shall be reimbursed for travel expenses for traveling from their home to a trustee meeting at a rate provided for in RCW 43.03.060 as now existing or hereafter amended)) compensated as provided by section 5 of this act.

 

     Sec. 11.  RCW 36.68.030 and 1969 ex.s. c 176 s 93 are each amended to read as follows:

     Each county may form a county park and recreation board composed of seven members, who shall be appointed by the ((board of)) county ((commissioners to serve without compensation)) legislative authority.

 

     Sec. 12.  RCW 36.69.110 and 1963 c 4 s 36.69.110 are each amended to read as follows:

     The park and recreation commissioners shall receive ((no)) compensation for their services ((but shall receive necessary expenses in attending meetings of the board or when otherwise engaged on district business)) as provided by section 5 of this act.

 

     Sec. 13.  RCW 36.95.070 and 1971 ex.s. c 155 s 7 are each amended to read as follows:

     Members of the board shall receive ((no)) compensation for their services((, but shall be reimbursed from district funds for any actual and necessary expenses incurred by them in the performance of their official duties)) as provided by section 5 of this act.

 

     Sec. 14.  RCW 84.48.036 and 1970 ex.s. c 55 s 9 are each amended to read as follows:

     The county commissioners may provide an adequate annual budget and funds for operation and needs of the board of equalization, including, but not limited to the costs and expenses of the board, such as the meeting place, the necessary equipment and facilities, materials, the salaries of the clerk of the board and his assistants, the ((expenses)) compensation of the members of the board ((during the sessions)) as provided by section 5 of this act, travel, in‑service training, and payment of salaries of all such employees hired by the board, to facilitate its work.