CERTIFICATION OF ENROLLMENT

 

                        HOUSE BILL 1039

 

 

 

 

 

 

 

                        54th Legislature

                      1995 Regular Session

Passed by the House January 27, 1995

  Yeas 94   Nays 0

 

 

 

 

Speaker of the

       House of Representatives

 

Passed by the Senate February 10, 1995

  Yeas 46   Nays 1

               CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1039 as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

 

President of the Senate

 

                               Chief Clerk

 

 

Approved Place Style On Codes above, and Style Off Codes below.

                                     FILED

          

 

 

Governor of the State of Washington

                        Secretary of State

                       State of Washington


                  _______________________________________________

 

                                  HOUSE BILL 1039

                  _______________________________________________

 

                     Passed Legislature - 1995 Regular Session

 

 

State of Washington              54th Legislature             1995 Regular Session

 

By Representatives B. Thomas, Reams, Dyer, R. Fisher, Sommers, Costa, Mitchell, Basich and Wolfe

 

Prefiled 1/6/95.  Read first time 01/09/95.  Referred to Committee on Government Operations.

 

Increasing the number of citizen members of the Washington citizens' commission on salaries for elected officials.



     AN ACT Relating to altering the Washington citizens' commission on salaries for elected officials by increasing the number of commission members selected by lot from registered voters, providing attendance requirements, and clarifying procedures; amending RCW 43.03.305 and 43.03.310; and declaring an emergency.

 

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

 

     Sec. 1.  RCW 43.03.305 and 1993 c 281 s 46 are each amended to read as follows:

     There is created a commission to be known as the Washington citizens' commission on salaries for elected officials, to consist of ((fifteen)) sixteen members appointed by the governor as provided in this section.

     (1) ((Eight)) Nine of the ((fifteen)) sixteen commission members shall be selected by lot by the secretary of state from among those registered voters eligible to vote at the ((general election held in November, 1986, and thereafter from among those registered voters eligible to vote at the)) time ((of the selection)) persons are selected for appointment to full terms on the commission under subsection (3) of this section.  One member shall be selected from each congressional district.  The secretary shall establish policies and procedures for conducting the selection by lot.  The policies and procedures shall include, but not be limited to, those for notifying persons selected and for providing a new selection from a congressional district if a person selected from the district declines appointment to the commission or if, following the person's appointment, the person's position on the commission becomes vacant before the end of the person's term of office.

     (2) The remaining seven of the ((fifteen)) sixteen commission members, all residents of this state, shall be selected jointly by the speaker of the house of representatives and the president of the senate.  The persons selected under this subsection shall have had experience in the field of personnel management.  Of these seven members, one shall be selected from each of the following five sectors in this state:  Private institutions of higher education; business; professional personnel management; legal profession; and organized labor.  Of the two remaining members, one shall be a person recommended to the speaker and the president by the chair of the Washington personnel resources board and one shall be a person recommended by majority vote of the presidents of the state's four-year institutions of higher education.

     (3) The secretary of state shall forward the names of persons selected under subsection (1) of this section and the speaker of the house of representatives and president of the senate shall forward the names of persons selected under subsection (2) of this section to the governor who shall appoint these persons to the commission.  Except as provided in subsection (6) of this section, the names of persons selected for appointment to the commission shall be forwarded to the governor not later than February 15, 1987, and not later than the fifteenth day of February every four years thereafter.

     (4) Members shall hold office for terms of four years, and no person may be appointed to more than two such terms.  No member of the commission may be removed by the governor during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence.

     The unexcused absence of any person who is a member of the commission from two consecutive meetings of the commission shall constitute the relinquishment of that person's membership on the commission.  Such a relinquishment creates a vacancy in that person's position on the commission.  A member's absence may be excused by the chair of the commission upon the member's written request if the chair believes there is just cause for the absence.  Such a request must be received by the chair before the meeting for which the absence is to be excused.  A member's absence from a meeting of the commission may also be excused during the meeting for which the member is absent by the affirmative vote of a majority of the members of the commission present at the meeting.

     (5) No state official, public employee, or lobbyist, or immediate family member of the official, employee, or lobbyist, subject to the registration requirements of chapter 42.17 RCW is eligible for membership on the commission.

     As used in this subsection the phrase "immediate family" means the parents, spouse, siblings, children, or dependent relative of the official, employee, or lobbyist whether or not living in the household of the official, employee, or lobbyist.

     (6) Upon a vacancy in any position on the commission, a successor shall be selected and appointed to fill the unexpired term.  The selection and appointment shall be concluded within thirty days of the date the position becomes vacant and shall be conducted in the same manner as originally provided.

 

     Sec. 2.  RCW 43.03.310 and 1986 c 155 s 3 are each amended to read as follows:

     (1) The citizens' commission on salaries for elected officials shall study the relationship of salaries to the duties of members of the legislature, all elected officials of the executive branch of state government, and all judges of the supreme court, court of appeals, superior courts, and district courts, and shall fix the salary for each respective position.

     (2) Except as provided otherwise in RCW 43.03.305 and this section, the commission shall be solely responsible for its own organization, operation, and action and shall enjoy the fullest cooperation of all state officials, departments, and agencies.

     (3) Members of the commission shall receive no compensation for their services, but shall be eligible to receive a subsistence allowance and travel expenses pursuant to RCW 43.03.050 and 43.03.060.

     (4) The members of the commission shall elect a ((chairperson)) chair from among their number.  The commission shall set a schedule of salaries by an affirmative vote of not less than ((eight)) nine members of the commission.

     (5) The commission shall file its initial schedule of salaries for the elected officials with the secretary of state no later than the first Monday in June, 1987, and shall file a schedule biennially thereafter.  Each such schedule shall be filed in legislative bill form, shall be assigned a chapter number and published with the session laws of the legislature, and shall be codified by the statute law committee.  The signature of the ((chairperson)) chair of the commission shall be affixed to each schedule submitted to the secretary of state.  The ((chairperson)) chair shall certify that the schedule has been adopted in accordance with the provisions of state law and with the rules, if any, of the commission.  Such schedules shall become effective ninety days after the filing thereof, except as provided in Article XXVIII, section 1 of the state Constitution.  State laws regarding referendum petitions shall apply to such schedules to the extent consistent with Article XXVIII, section 1 of the state Constitution.

     (6) Prior to the filing of any salary schedule, the commission shall hold no fewer than four public hearings thereon within the four months immediately preceding the filing.

     (7) All meetings, actions, hearings, and business of the commission shall be subject in full to the open public meetings act, chapter 42.30 RCW.

     (8) Salaries of the officials referred to in subsection (1) of this section that are in effect on January 12, 1987, shall continue until modified by the commission under this section.

 

     NEW SECTION.  Sec. 3.  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.

 


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