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.