S-2855

AN ACT Relating to the citizens' commission for elected officials; amending RCW 2.04.092, 2.06.062, 2.08.092, 3.58.010, 43.03.010, 43.03.028, 34.12.100, 42.17.370, and 43.03.040; adding new sections to chapter 43.03 RCW; creating a new section; decodifying RCW 43.01.011, 43.01.012, and 43.01.013; repealing RCW 43.03.300, 43.03.305, and 43.03.310; and declaring an emergency.

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

NEW SECTION. Sec. 1. This act abolishes the citizens' commission on salaries for elected officials and reinstates the statutory provisions that existed prior to the commission's establishment. Sections 2 through 10 of this act reinstate language that was deleted in the creation of the commission by chapter 155, Laws of 1986. Sections 11 and 12 of this act are identical to RCW 43.03.045 and 43.03.047 which were repealed by chapter 155, Laws of 1986. The sections repealed by section 13 of this act are sections that were added by chapter 155, Laws of 1986. The salary schedule as adopted by the commission in 1989 is decodified by section 14 of this act. Sections 15, 16, and 17 of this act are an enactment by the legislature of this same schedule.

Sec. 2. RCW 2.04.092 and 1986 c 155 s 4 are each amended to read as follows:

Until January 12, 1992 the annual salary of justices of the supreme court shall be as established by ((~~the Washington citizens' commission on salaries for elected officials~~)) section 16 of this act. Beginning January 12, 1992, the annual salary of justices of the supreme court shall be prescribed by the legislature in the biennial budget. No salary warrant may be issued to a justice of the supreme court until the justice files with the state treasurer an affidavit that no matter referred to the justice for opinion or decision has been uncompleted or undecided for more than six months.

Sec. 3. RCW 2.06.062 and 1986 c 155 s 5 are each amended to read as follows:

Until January 12, 1992, the annual salary of the judges of the court of appeals shall be as established by ((~~the Washington citizens' commission on salaries for elected officials~~)) section 16 of this act. Beginning January 12, 1992, the annual salary of judges of the court of appeals shall be prescribed by the legislature in the biennial budget. No salary warrant may be issued to any judge until the judge files with the state treasurer an affidavit that no matter referred to the judge for opinion or decision has been uncompleted for more than six months.

Sec. 4. RCW 2.08.092 and 1986 c 155 s 6 are each amended to read as follows:

Until January 12, 1992, the annual salary of the judges of the superior court shall be as established by ((~~the Washington citizens' commission on salaries for elected officials~~)) section 16 of this act. Beginning January 12, 1992, the annual salary of the judges of the superior court shall be prescribed by the legislature in the biennial budget.

Sec. 5. RCW 3.58.010 and 1986 c 155 s 7 are each amended to read as follows:

Until January 12, 1992, the annual salary of each full time district court judge shall be as established by ((~~the Washington citizen's commission on salaries for elected officials.~~)) section 16 of this act. Beginning January 12, 1992, the annual salary of each full time district court judge shall be prescribed by the legislature in the biennial budget: PROVIDED, That a member of the legislature whose term of office is partly coextensive with or extends beyond the present term of office of any of the officials whose salary is increased by virtue of the provisions of RCW 43.03.010, 2.04.092, 2.06.062, 2.08.092, and 3.58.010 shall be eligible to be appointed or elected to any of the offices the salary of which is increased hereby but he or she shall not be entitled to receive such increased salary until after the expiration of his or her present term of office and his or her subsequent election or reelection to the office to which he or she was appointed or elected respectively during his or her term of office as legislator.

Sec. 6. RCW 43.03.010 and 1989 c 10 s 8 are each amended to read as follows:

The annual salaries of the following named state elected officials shall be ((~~prescribed by the Washington citizens' commission on salaries for elected officials~~)) as established by section 15 of this act: Governor; lieutenant governor: PROVIDED, That in arriving at the annual salary of the lieutenant governor the commission shall prescribe a fixed amount plus a sum equal to 1/260th of the difference between the annual salary of the lieutenant governor and the annual salary of the governor for each day that the lieutenant governor is called upon to perform the duties of the governor by reason of the absence from the state, removal, resignation, death, or disability of the governor; secretary of state; state treasurer; state auditor; attorney general; superintendent of public instruction; commissioner of public lands; and state insurance commissioner. Members of the legislature shall receive for their service per annum the amount ((~~prescribed by the Washington citizens' commission on salaries for elected officials~~)) as established by section 17 of this act; and in addition, reimbursement for mileage for travel to and from legislative sessions as provided in RCW 43.03.060.

Sec. 7. RCW 43.03.028 and 1991 c 3 s 294 are each amended to read as follows:

(1) There is hereby created a state committee on ((~~agency officials'~~)) salaries to consist of seven members, or their designees, as follows: The president of the University of Puget Sound; the chairperson of the council of presidents of the state's four-year institutions of higher education; the chairperson of the State Personnel Board; the president of the Association of Washington Business; the president of the Pacific Northwest Personnel Managers' Association; the president of the Washington State Bar Association; and the president of the Washington State Labor Council. If any of the titles or positions mentioned in this subsection are changed or abolished, any person occupying an equivalent or like position shall be qualified for appointment by the governor to membership upon the committee.

(2) The committee shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government:

The arts commission; the human rights commission; the board of accountancy; the board of pharmacy; the capitol historical association and museum; the eastern Washington historical society; the Washington state historical society; the interagency committee for outdoor recreation; the criminal justice training commission; the department of personnel; the state finance committee; the state library; the traffic safety commission; the horse racing commission; the advisory council on vocational education; the public disclosure commission; the state conservation commission; the commission on Hispanic affairs; the commission on Asian-American affairs; the state board for volunteer fire fighters; the transportation improvement board; the public employees relations commission; the forest practices appeals board; and the energy facilities site evaluation council.

The committee shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position.

(3) The committee shall also make a study of the duties and salaries of all state elective officials, including members of the supreme, appellate, superior, and district courts and members of the legislature and report to the governor and the president of the senate and the speaker of the house not later than sixty days prior to the convening of each regular session of the legislature during an odd-numbered year its recommendation for the salaries to be established for each position. Copies of the committee report to the governor shall be provided to the appropriate standing committees of the house and senate upon request.

(4) Committee members shall be reimbursed by the department of personnel for travel expenses under RCW 43.03.050 and 43.03.060.

Sec. 8. RCW 34.12.100 and 1986 c 155 s 10 are each amended to read as follows:

The chief administrative law judge shall be paid a salary fixed by the governor after recommendation of the state committee on ((~~agency officials'~~)) salaries. The salaries of administrative law judges appointed under the terms of this chapter shall be determined by the chief administrative law judge after recommendation of the state committee on ((~~agency officials'~~)) salaries.

Sec. 9. RCW 42.17.370 and 1986 c 155 s 11 are each amended to read as follows:

The commission is empowered to:

(1) Adopt, promulgate, amend, and rescind suitable administrative rules to carry out the policies and purposes of this chapter, which rules shall be adopted under chapter 34.05 RCW;

(2) Appoint and set, within the limits established by the committee on ((~~agency officials'~~)) salaries under RCW 43.03.028, the compensation of an executive director who shall perform such duties and have such powers as the commission may prescribe and delegate to implement and enforce this chapter efficiently and effectively. The commission shall not delegate its authority to adopt, amend, or rescind rules nor shall it delegate authority to determine whether an actual violation of this chapter has occurred or to assess penalties for such violations;

(3) Prepare and publish such reports and technical studies as in its judgment will tend to promote the purposes of this chapter, including reports and statistics concerning campaign financing, lobbying, financial interests of elected officials, and enforcement of this chapter;

(4) Make from time to time, on its own motion, audits and field investigations;

(5) Make public the time and date of any formal hearing set to determine whether a violation has occurred, the question or questions to be considered, and the results thereof;

(6) Administer oaths and affirmations, issue subpoenas, and compel attendance, take evidence and require the production of any books, papers, correspondence, memorandums, or other records relevant or material for the purpose of any investigation authorized under this chapter, or any other proceeding under this chapter;

(7) Adopt and promulgate a code of fair campaign practices;

(8) Relieve, by rule, candidates or political committees of obligations to comply with the provisions of this chapter relating to election campaigns, if they have not received contributions nor made expenditures in connection with any election campaign of more than one thousand dollars;

(9) Adopt rules prescribing reasonable requirements for keeping accounts of and reporting on a quarterly basis costs incurred by state agencies, counties, cities, and other municipalities and political subdivisions in preparing, publishing, and distributing legislative information. The term "legislative information," for the purposes of this subsection, means books, pamphlets, reports, and other materials prepared, published, or distributed at substantial cost, a substantial purpose of which is to influence the passage or defeat of any legislation. The state auditor in ((~~his~~)) the auditor's regular examination of each agency under chapter 43.09 RCW shall review the rules, accounts, and reports and make appropriate findings, comments, and recommendations in his or her examination reports concerning those agencies;

(10) After hearing, by order approved and ratified by a majority of the membership of the commission, suspend or modify any of the reporting requirements of this chapter in a particular case if it finds that literal application of this chapter works a manifestly unreasonable hardship and if it also finds that the suspension or modification will not frustrate the purposes of the chapter. The commission shall find that a manifestly unreasonable hardship exists if reporting the name of an entity required to be reported under RCW 42.17.241(1)(g)(ii) would be likely to adversely affect the competitive position of any entity in which the person filing the report or any member of his immediate family holds any office, directorship, general partnership interest, or an ownership interest of ten percent or more. Any suspension or modification shall be only to the extent necessary to substantially relieve the hardship. The commission shall act to suspend or modify any reporting requirements only if it determines that facts exist that are clear and convincing proof of the findings required under this section. Any citizen has standing to bring an action in Thurston county superior court to contest the propriety of any order entered under this section within one year from the date of the entry of the order; and

(11) Revise, at least once every five years but no more often than every two years, the monetary reporting thresholds and reporting code values of this chapter. The revisions shall be only for the purpose of recognizing economic changes as reflected by an inflationary index recommended by the office of financial management. The revisions shall be guided by the change in the index for the period commencing with the month of December preceding the last revision and concluding with the month of December preceding the month the revision is adopted. As to each of the three general categories of this chapter (reports of campaign finance, reports of lobbyist activity, and reports of the financial affairs of elected and appointed officials), the revisions shall equally affect all thresholds within each category. Revisions shall be adopted as rules under chapter 34.05 RCW. The first revision authorized by this subsection shall reflect economic changes from the time of the last legislative enactment affecting the respective code or threshold through December 1985.

Sec. 10. RCW 43.03.040 and 1986 c 155 s 12 are each amended to read as follows:

The directors of the several departments and members of the several boards and commissions, whose salaries are fixed by the governor and the chief executive officers of the agencies named in RCW 43.03.028(2) as now or hereafter amended shall each severally receive such salaries, payable in monthly installments, as shall be fixed by the governor or the appropriate salary fixing authority, in an amount not to exceed the recommendations of the committee on ((~~agency officials'~~)) salaries.

NEW SECTION. Sec. 11. A new section is added to chapter 43.03 RCW to read as follows:

(1) The governor shall include, in the budget next transmitted by him or her to the legislature after the date of the submission of the report and recommendations of the committee under RCW 43.03.028, his or her recommendations with respect to the exact annual salaries that he or she deems advisable for all state elective officials within the purview of RCW 43.03.028. As used in this subsection, the term "budget" means the budget referred to in RCW 43.88.020(1).

(2) The recommendation of the governor transmitted to the legislature in the budget as to such positions shall be carried forth and included in the appropriation act of the state.

The amount of the salaries for which positions as enacted by the legislature, in the appropriation bill, shall be the salary that each respective official shall receive.

In the event the governor makes no recommendation, the salary that each such respective official shall receive shall remain the same.

NEW SECTION. Sec. 12. A new section is added to chapter 43.03 RCW to read as follows:

The salaries of public officials as shown by the appropriation bill shall be printed in the session laws and the Revised Code of Washington under the section caption of "Salaries for Public Officials".

NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:

(1) RCW 43.03.300 and 1986 c 155 s 1;

(2) RCW 43.03.305 and 1986 c 155 s 2; and

(3) RCW 43.03.310 and 1986 c 155 s 3.

NEW SECTION. Sec. 14. RCW 43.03.011, 43.03.012, and 43.03.013 are each decodified.

NEW SECTION. Sec. 15. A new section is added to chapter 43.03 RCW to read as follows:

The annual salaries of the state elected officials of the executive branch shall be as follows:

(1) Governor................................................... $ 99,600

(2) Lieutenant governor........................................ $ 52,600

(3) Secretary of state......................................... $ 54,200

(4) Treasurer.................................................. $ 67,000

(5) Auditor.................................................... $ 69,100

(6) Attorney general........................................... $ 78,000

(7) Superintendent of public instruction....................... $ 71,900

(8) Commissioner of public lands............................... $ 71,900

(9) Insurance commissioner..................................... $ 65,800

NEW SECTION. Sec. 16. A new section is added to chapter 43.03 RCW to read as follows:

Until January 12, 1992, the annual salaries of the judges of the state shall be as follows:

(1) Justices of the supreme court.............................. $ 89,300

(2) Judges of the court of appeals............................. $ 84,900

(3) Judges of the superior court............................... $ 80,500

(4) Full-time judges of the district court..................... $ 76,600

NEW SECTION. Sec. 17. A new section is added to chapter 43.03 RCW to read as follows:

The annual salary of members of the legislature shall be:

(1) Legislator................................................. $ 19,900

(2) Speaker of the house....................................... $ 21,900

(3) Senate majority leader..................................... $ 20,900

(4) Senate minority leader..................................... $ 20,900

(5) House minority leader...................................... $ 20,900

NEW SECTION. Sec. 18. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.