Z-364                 _______________________________________________

                                                    HOUSE BILL NO. 338

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

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

Read first time 1/26/87 and referred to Committee on Transportation.

AN ACT Relating to the transportation commission; amending RCW 47.01.061; and reenacting and amending RCW 43.10.067.

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

        Sec. 1.  Section 43.10.067, chapter 8, Laws of 1965 as last amended by section 108, chapter 7, Laws of 1985 and by section 2, chapter 133, Laws of 1985 and RCW 43.10.067 are each reenacted and amended to read as follows:

          No officer, director, administrative agency, board, or commission of the state, other than the attorney general, shall employ, appoint or retain in employment any attorney for any administrative body, department, commission, agency, or tribunal or any other person to act as attorney in any legal or quasi legal capacity in the exercise of any of the powers or performance of any of the duties specified by law to be performed by the attorney general, except where it is provided by law to be the duty of the judge of any court or the prosecuting attorney of any county to employ or appoint such persons:  PROVIDED, That RCW 43.10.040, and RCW 43.10.065 through 43.10.080 shall not apply to the administration of the judicial council, the judicial qualifications commission, the state law library, the law school of the state university, the administration of the state bar act by the Washington State Bar Association, or the representation of an estate administered by the director of the department of revenue or the director's designee pursuant to chapter 11.28 RCW.

          The authority granted by chapter 1.08 RCW ((and)), RCW 44.28.140, and 47.01.061 shall not be affected hereby.

        Sec. 2.  Section 6, chapter 151, Laws of 1977 ex. sess. as last amended by section 94, chapter 287, Laws of 1984 and RCW 47.01.061 are each amended to read as follows:

          The commission shall meet at such times as it deems advisable but at least once every month.  It may adopt its own rules and regulations and may establish its own procedure.  It shall act collectively in harmony with recorded resolutions or motions adopted by majority vote of at least four members.  The commission may appoint an administrative secretary, and shall elect one of its members chairman for a term of one year.  The chairman shall be able to vote on all matters before the commission.  The commission may from time to time retain planners, legal counsel, and other technical personnel to advise it in the performance of its duties.

          The commission shall submit to each regular session of the legislature held in an odd-numbered year its own budget proposal necessary for the commission's operations separate from that proposed for the department.

          Each member of the commission shall be compensated in accordance with RCW 43.03.250 and shall be reimbursed for actual necessary traveling and other expenses in going to, attending, and returning from meetings of the commission, and actual and necessary traveling and other expenses incurred in the discharge of such duties as may be requested by a majority vote of the commission or by the secretary of transportation, but in no event shall a commissioner be compensated in any year for more than one hundred twenty days, except the chairman of the commission who may be paid compensation for not more than one hundred fifty days.  Service on the commission shall not be considered as service credit for the purposes of any public retirement system.