BILL REQ. #:  S-0998.2 

Read first time 02/03/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to salaries of district court judges; amending RCW 3.58.010, 3.58.020, and 43.03.310; and providing a contingent effective date.

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

Sec. 1   RCW 3.58.010 and 1986 c 155 s 7 are each amended to read as follows:
     Except in counties with a population of less than twenty-five thousand, the annual salary of each full-time district court judge shall be established by the Washington citizen's commission on salaries for elected officials. In counties with a population of less than twenty-five thousand, the annual salary of each full-time district court judge shall be established by the county legislative authority. 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. 2   RCW 3.58.020 and 1991 c 338 s 3 are each amended to read as follows:
     Except in counties with a population of less than twenty-five thousand, the annual salaries of part-time district court judges shall be set by the citizens' commission on salaries. In counties with a population of less than twenty-five thousand, the annual salaries of part-time district court judges shall be set by the county legislative authority.

Sec. 3   RCW 43.03.310 and 1998 c 164 s 1 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, and superior courts, and judges of district courts in counties having a population of twenty-five thousand or more persons, 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 chair from among their number. The commission shall set a schedule of salaries by an affirmative vote of not less than 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 chair of the commission shall be affixed to each schedule submitted to the secretary of state. The 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) Before the filing of any salary schedule, the commission shall first develop a proposed salary schedule and then hold no fewer than four regular meetings as defined by chapter 42.30 RCW to take public testimony on the proposed schedule within the four months immediately preceding the filing. At the last public hearing that is held as a regular meeting on the proposed schedule, the commission shall adopt the salary schedule as originally proposed or as amended at that meeting that will be filed with the secretary of state.
     (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. 4   This act takes effect January 1, 2004, if the proposed amendment to Article XXVIII, section 1 of the state Constitution on compensation of state officers is validly submitted to and is approved and ratified by the voters at the next general election. If the proposed amendment is not approved and ratified, this act is void in its entirety.