S-0278.2  _______________________________________________

                         SENATE BILL 5164

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Benton, Roach, Finkbeiner, Johnson, Stevens, Rossi, Hochstatter and Winsley

Read first time 01/12/2001.  Referred to Committee on Transportation.

Authorizing the governor to appoint the secretary of transportation.

    AN ACT Relating to appointment of the secretary of transportation; and amending RCW 43.17.020 and 47.01.041.

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

    Sec. 1.  RCW 43.17.020 and 1995 1st sp.s. c 2 s 2 are each amended to read as follows:

    There shall be a chief executive officer of each department to be known as:  (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9) the director of community, trade, and economic development, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, ((and)) (14) the secretary of health, and (15) the director of financial institutions.

    Such officers, except ((the secretary of transportation and)) the director of fish and wildlife, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor.  ((The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041.))  The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.

    Sec. 2.  RCW 47.01.041 and 1983 1st ex.s. c 53 s 28 are each amended to read as follows:

    The executive head of the department of transportation shall be the secretary of transportation, who shall be appointed by the ((transportation commission)) governor, with the consent of the senate, and may not take office or assume duties until confirmed by the senate, and shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040.  The secretary shall be an ex officio member of the commission without a vote.  The secretary shall be the chief executive officer of the commission ((and be responsible to it, and shall be guided by policies established by it)).  The secretary shall serve ((until removed by the commission, but only for incapacity, incompetence, neglect of duty, malfeasance in office, or failure to carry out the commission's policies.  Before a motion for dismissal shall be acted on by the commission, the secretary shall be granted a hearing on formal written charges before the full commission.  An action by the commission to remove the secretary shall be final)) at the pleasure of the governor.

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