CERTIFICATION OF ENROLLMENT

                        SENATE BILL 5170

                   Chapter 338, Laws of 1991

                         (partial veto)

                        52nd Legislature

                      1991 Regular Session

                   DISTRICT JUDGES-‑SALARIES

                    EFFECTIVE DATE:  7/28/91

Passed by the Senate April 27, 1991

  Yeas 41   Nays 0

           JOEL PRITCHARD          

President of the Senate

Passed by the House April 27, 1991

  Yeas 97   Nays 0

              JOE KING             

Speaker of the

       House of Representatives

Approved May 21, 1991, with

the exception of sections 1

and 4, which are vetoed.

           BOOTH GARDNER           

Governor of the State of Washington

CERTIFICATE

I, Gordon Golob, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5170 as passed by the Senate and the House of Representatives on the dates hereon set forth.

           GORDON A. GOLOB            Secretary

                                     FILED         

                 May 21, 1991 - 11:06 a.m.

                        Secretary of State   

                       State of Washington

                  _______________________________________________

                                 SENATE BILL 5170

                    AS RECOMMENDED BY THE CONFERENCE COMMITTEE

                  _______________________________________________

                     Passed Legislature - 1991 Regular Session

State of Washington              52nd Legislature             1991 Regular Session

By Senators Snyder, Nelson and Rasmussen.

Read first time January 22, 1991.  Referred to Committee on Law & Justice.Changing the number of district judges.

     AN ACT Relating to district judges; amending RCW 3.34.010, 3.34.040, and 3.58.020; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:The text of the following section has been vetoed by the Governor.  It is noted in bold italic.

   *

     Sec. 1.  RCW 3.34.010 and 1989 c 227 s 6 are each amended to read as follows:

     The number of district judges to be elected in each county shall be:  Adams, three; Asotin, one; Benton, two; Chelan, one; Clallam, one; Clark, four; Columbia, one; Cowlitz, two; Douglas, one; Ferry, two; Franklin, one; Garfield, one; Grant, one; Grays Harbor, two; Island, three; Jefferson, one; King, twenty-four; Kitsap, two; Kittitas, two; Klickitat, two; Lewis, two; Lincoln, one; Mason, one; Okanogan, two; Pacific, ((three)) two; Pend Oreille, two; Pierce, eight; San Juan, one; Skagit, three; Skamania, one; Snohomish, eight; Spokane, eight; Stevens, two; Thurston, one; Wahkiakum, one; Walla Walla, three; Whatcom, two; Whitman, two; Yakima, six:  PROVIDED, That this number may be increased in accordance with a resolution of the county commissioners under RCW 3.34.020.

*Sec. 1 was vetoed, see message at end of chapter.

     Sec. 2.  RCW 3.34.040 and 1984 c 258 s 10 are each amended to read as follows:

     A district judge serving a district having a population of forty thousand or more persons, and a district judge receiving a salary ((greater than)) equal to the maximum salary ((provided in RCW 3.58.020(6))) set by the salary commission under RCW 3.58.020 for district judges shall be deemed full time judges and shall devote all of their time to the office and shall not engage in the practice of law.  Other judges shall devote sufficient time to the office to properly fulfill the duties thereof and may engage in other occupations but shall maintain a separate office for private business and shall not use for private business the services of any clerk or secretary paid for by the county or office space or supplies furnished by the judicial district.

     Sec. 3.  RCW 3.58.020 and 1984 c 258 s 35 are each amended to read as follows:

     The annual salaries of part time district judges shall be set by the ((county legislative authority in each county in accordance with the minimum and maximum salaries provided in this subsection:

     (1) In districts having a population under two thousand five hundred persons, the salary shall be not less than one thousand five hundred dollars nor more than twelve thousand dollars;

     (2) In districts having a population of two thousand five hundred persons or more, but less than five thousand, the salary shall be set at not less than one thousand eight hundred dollars nor more than fifteen thousand five hundred dollars;

     (3) In districts having a population of five thousand persons or more, but less than seven thousand five hundred, the salary shall be set at no less than one thousand eight hundred or more than twenty-five thousand dollars;

     (4) In districts having a population of seven thousand five hundred persons or more, but less than ten thousand, the salary shall be set at not less than two thousand two hundred fifty dollars or more than thirty thousand dollars;

     (5) In districts having a population of ten thousand persons or more, but less than twenty thousand, the salary shall be set at no less than three thousand dollars or more than thirty-two thousand dollars;

     (6) In districts having a population of twenty thousand persons or more, but less than thirty thousand, the salary shall be set at not less than five thousand two hundred fifty dollars or more than forty thousand dollars)) citizens' commission on salaries.The text of the following section has been vetoed by the Governor.  It is noted in bold italic.

   *

NEW SECTION.  Sec. 4.     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.

*Sec. 4 was vetoed, see message at end of chapter.

     Passed the Senate April 27, 1991.

     Passed the House April 27, 1991.

Approved by the Governor May 21, 1991, with the exception of certain items which were vetoed.

     Filed in Office of Secretary of State May 21, 1991.

     Note: Governor's explanation of partial veto is as follows:

     "I am returning herewith, without my approval as to sections 1 and 4, Senate Bill No. 5170 entitled:

"AN ACT Relating to district judges."

     This bill reduces the number of district court judges in Pacific County from three to two and changes the salary setting authority for part-time district court judges' salaries from county commissions to the Citizens' Commission on Salaries.

     Section 1 of the bill reduces the number of district court judges in Pacific County.  Identical language is included in House Bill No. 1467 which I have signed.

     Section 4 contains an emergency clause.  If the emergency clause were to go into effect, the Citizens' Commission on Salaries would have only 13 days to analyze, determine a process, and set salaries for district court judges.  I do not consider that sufficient time to properly address a potentially complex issue.  By deleting the emergency clause, the salary commission will have time to evaluate the salary needs of part-time judges, take public testimony, and make appropriate salary determinations.

     For the reasons stated, I have vetoed sections 1 and 4 of Senate Bill No. 5170.

     With the exception of sections 1 and 4, Senate Bill No. 5170 is approved."