BILL REQ. #:  H-4785.1 

Read first time 01/29/10.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to salaries of legislators; amending RCW 43.03.310; and providing a contingent effective date.

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

Sec. 1   RCW 43.03.310 and 2009 c 564 s 925 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 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. In the 2009-2011 fiscal biennium, the commission shall hold no more than two 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.
     (9) If the economic and revenue forecast council's most recent projection under Article VIII, section 12 of the state Constitution for any fiscal year determines that employment growth will be less than one percent, or if a general state salary freeze is established in law for any fiscal year, then in that fiscal year the commission may not adopt any salary increase for legislators, any salary increases for legislators that were previously approved by the commission may not take effect, and the prior salaries shall remain in effect until the following fiscal biennium.

NEW SECTION.  Sec. 2   Section 1 of this act takes effect if the proposed amendment to Article XXVIII, section 1 of the state Constitution (House Joint Resolution . . . [H-4768.1]) is validly submitted to and ratified by the voters at a general election held in November 2010. If the proposed amendment is not approved and ratified, this act is void in its entirety.