BILL REQ. #:  S-0959.1 

Read first time 01/28/2003.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to requiring senate confirmation of certain commission and department appointments; amending RCW 18.44.500, 18.85.071, 21.20.550, 43.17.020, and 43.180.040; and declaring an emergency.

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

Sec. 1   RCW 18.44.500 and 1995 c 238 s 3 are each amended to read as follows:
     There is established an escrow commission of the state of Washington, to consist of the director of financial institutions or his or her designee as ((chairman)) chair, and five other members who shall act as advisors to the director as to the needs of the escrow profession, including but not limited to the design and conduct of tests to be administered to applicants for escrow licenses, the schedule of license fees to be applied to the escrow licensees, educational programs, audits and investigations of the escrow profession designed to protect the consumer, and such other matters determined appropriate. The director is hereby empowered to and shall appoint the other members, each of whom shall have been a resident of this state for at least five years and shall have at least five years experience in the practice of escrow as an escrow agent or as a person in responsible charge of escrow transactions.
     The members of the first commission shall serve for the following terms: One member for one year, one member for two years, one member for three years, one member for four years, and one member for five years, from the date of their appointment, or until their successors are duly appointed and qualified. Every member of the commission shall receive a certificate of appointment from the director and before beginning the member's term of office shall file with the secretary of state a written oath or affirmation for the faithful discharge of the member's official duties. On the expiration of the term of each member, the director shall appoint a successor to serve for a term of five years or until the member's successor has been appointed and qualified.
     The director may remove any member of the commission for cause. Vacancies in the commission for any reason shall be filled by appointment for the unexpired term.
     Appointments made under this section are subject to the advice and consent of the senate. No appointee may serve in the position to which he or she is appointed for a period of more than one year without the confirmation and approval of that appointee by the senate, during an officially convened legislative session.
     Members shall be compensated in accordance with RCW 43.03.240, and shall be reimbursed for their travel expenses incurred in carrying out the provisions of this chapter in accordance with RCW 43.03.050 and 43.03.060.

Sec. 2   RCW 18.85.071 and 1972 ex.s. c 139 s 6 are each amended to read as follows:
     There is established the real estate commission of the state of Washington, consisting of the director of the commission and six commission members who shall act in an advisory capacity to the director.
     The six commission members shall be appointed by the governor in the following manner: For a term of six years each, with the exception of the first appointees, who shall be appointed one for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, one for a term of five years, and one for a term of six years, with all other subsequent appointees to be appointed for a six year term. At least two of the commission members shall be selected from the area in the state west of the Cascade mountain range and at least two shall be selected from that area of the state east of the Cascade mountain range. No commission member shall be appointed who has had less than five years experience in the sale, operation, or management of real estate in this state, or has had at least three years experience in investigative work of a similar nature, preferably in connection with the administration of real estate license law of this state or elsewhere. Any vacancies on the commission shall be filled by appointment by the governor for the unexpired term.
     Appointments made under this section are subject to the advice and consent of the senate. No appointee may serve in the position to which he or she is appointed for a period of more than one year without the confirmation and approval of that appointee by the senate, during an officially convened legislative session.

Sec. 3   RCW 21.20.550 and 1973 1st ex.s. c 171 s 3 are each amended to read as follows:
     There is hereby created a state advisory committee which shall consist of seven members to be appointed by the governor on the basis of their experience and qualifications. The membership shall be selected, insofar as possible, on the basis of giving both geographic representation and representation to all phases of the securities business including the legal and accounting professions.
     Appointments made under this section are subject to the advice and consent of the senate. No appointee may serve in the position to which he or she is appointed for a period of more than one year without the confirmation and approval of that appointee by the senate, during an officially convened legislative session.

Sec. 4   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.
     Appointments made under this section are subject to the advice and consent of the senate. No appointee may serve in the position to which he or she is appointed for a period of more than one year without the confirmation and approval of that appointee by the senate, during an officially convened legislative session.

Sec. 5   RCW 43.180.040 and 1995 c 399 s 98 are each amended to read as follows:
     (1) There is hereby established a public body corporate and politic, with perpetual corporate succession, to be known as the Washington state housing finance commission. The commission is an instrumentality of the state exercising essential government functions and, for purposes of the code, acts as a constituted authority on behalf of the state when it issues bonds pursuant to this chapter. The commission is a "public body" within the meaning of RCW 39.53.010.
     (2) The commission shall consist of the following voting members:
     (a) The state treasurer, ex officio;
     (b) The director of community, trade, and economic development, ex officio;
     (c) An elected local government official, ex officio, with experience in local housing programs, who shall be appointed by the governor ((with the consent of the senate));
     (d) A representative of housing consumer interests, appointed by the governor ((with the consent of the senate));
     (e) A representative of labor interests, appointed by the governor, ((with the consent of the senate,)) after consultation with representatives of organized labor;
     (f) A representative of low-income persons, appointed by the governor ((with the consent of the senate));
     (g) Five members of the public appointed by the governor, ((with the consent of the senate,)) on the basis of geographic distribution and their expertise in housing, real estate, finance, energy efficiency, or construction, one of whom shall be appointed by the governor as chair of the commission and who shall serve on the commission and as chair of the commission at the pleasure of the governor.
     (3) The term of the persons appointed by the governor, other than the chair, shall be four years from the date of their appointment, except that the terms of three of the initial appointees shall be for two years from the date of their appointment. The governor shall designate the appointees who will serve the two-year terms. An appointee may be removed by the governor for cause pursuant to RCW 43.06.070 and 43.06.080. The governor shall fill any vacancy in an appointed position by appointment for the remainder of the unexpired term. If the department of community, trade, and economic development is abolished, the resulting vacancy shall be filled by a state official who shall be appointed to the commission by the governor. ((If this official occupies an office or position for which senate confirmation is not required, then his or her appointment to the commission shall be subject to the consent of the senate.)) The members of the commission shall be compensated in accordance with RCW 43.03.240 and may be reimbursed, solely from the funds of the commission, for expenses incurred in the discharge of their duties under this chapter, subject to the provisions of RCW 43.03.050 and 43.03.060. A majority of the commission constitutes a quorum. Designees shall be appointed in such manner and shall exercise such powers as are specified by the rules of the commission.
     (((3))) (4) Appointments made under this section are subject to the advice and consent of the senate. No appointee may serve in the position to which he or she is appointed for a period of more than one year without the confirmation and approval of that appointee by the senate, during an officially convened legislative session.
     (5) The commission may adopt an official seal and may select from its membership a vice chair, a secretary, and a treasurer. The commission shall establish rules concerning its exercise of the powers authorized by this chapter. The rules shall be adopted in conformance with chapter 34.05 RCW.

NEW SECTION.  Sec. 6   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 takes effect immediately.