HOUSE BILL REPORT

EHB 338

BYRepresentatives Zellinsky, Schmidt, Meyers, Walk, Pruitt, S. Wilson, J. Williams and P. King; by request of  Washington State Transportation Commission

Authorizing the transportation commission to retain legal counsel and other technical experts.

House Committe on Transportation

Majority Report:     Do pass.  (27)

     Signed by Representatives Walk, Chair; Baugher, Vice Chair; Betrozoff, Cantwell, Cooper, Day, Dellwo, Doty, Fisch, Fisher, Gallagher, Hankins, Haugen, Kremen, Meyers, Patrick, Prince, Schmidt, C. Smith, D. Sommers, Spanel, Sutherland, Vekich, J. Williams, K. Wilson, S. Wilson and Zellinsky.

House Staff:Louise Bray (786-7306)

AS PASSED HOUSE MARCH 19, 1987

BACKGROUND:

Current law prohibits state officers, directors, administrative agencies, boards, or commissions, other than the attorney general, from hiring legal counsel to act in any legal or quasi-legal capacity.

The Legislative Budget Committee and the Statute Law Committee are exempted from this prohibition.  In 1986, RCW 43.10.045 was enacted and specifically authorizes the legislature, defined for purposes of that section as the House and Senate together, to hire legal counsel to represent itself or any of its members in any judicial or administrative proceeding.

SUMMARY:

The Transportation Commission is authorized to retain, as needed, planners, consultants, including legal consultants, and other technical personnel to advise it in the performance of its duties.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Commissioner Bill Kamps, Washington State Transportation Commission.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     As an independent body, and to preserve that independence, the Transportation Commission would like the authority to hire, as needed, independent legal counsel, planners and other technical personnel to advise it in the performance of its duties, rather than relying solely upon Department of Transportation staff.

House Committee - Testimony Against: None Presented.