H-3455              _______________________________________________

 

                                                   HOUSE BILL NO. 2639

                        _______________________________________________

 

State of Washington                               51st Legislature                              1990 Regular Session

 

By Representatives Todd, McLean and Anderson

 

 

Read first time 1/17/90 and referred to Committees on State Government/Appropriations.

 

 


AN ACT Relating to compensation of members of state boards, commissions, councils, and committees in accordance with RCW 43.03.220 through 43.03.250; amending RCW 15.49.111, 15.62.110, 15.88.050, 17.10.030, 18.06.170, 18.16.050, 18.19.070, 18.36A.070, 18.85.500, 18.89.070, 18.138.080, 18.145.060, 19.27.070, 22.09.436, 28A.04.110, 28B.25.030, 36.78.080, 36.93.070, 43.03.310, 43.24.060, 43.31.504, 43.46.040, 43.63A.310, 43.103.080, 43.155.030, 43.163.020, 43.168.030, 47.26.130, 48.41.040, 71.34.100, 72.23.025, 74.21.050, 76.09.305, 77.12.680, 78.52.020, and 90.58.170; and reenacting and amending RCW 41.04.260.

 

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

 

        Sec. 1.  Section 81, chapter 354, Laws of 1989 and RCW 15.49.111 are each amended to read as follows:

          (1) The director shall create an arbitration committee composed of five members, including the director, or a department employee designated by the director, and four members appointed by the director.  The director shall make appointments so that the committee is balanced and does not favor the interests of either buyers or dealers.  The director also shall appoint four alternates to the committee.  In making appointments the director, to the extent practical, shall seek the recommendations of each of the following:

          (a) The  dean of the college of agriculture and home economics at Washington State University;

          (b) The chief officer of an organization in this state representing the interests of seed dealers;

          (c) The chief officer of an agriculture organization in this state as the director may determine to be appropriate; and

          (d) The president of an agricultural organization in this state representing persons who purchase seed.

          (2) Each alternate member shall serve only in the absence of the member for whom the person is an alternate.

          (3) The committee shall elect a chairman and a secretary from its membership.  The chairman shall conduct meetings and deliberations of the committee and direct all of its other activities.  The secretary shall keep accurate records of all such meetings and deliberations and perform such other duties for the commission as the chairman may direct.

          (4) The purpose of the committee is to conduct arbitration as provided in this chapter.  The committee may be called into session by or at the direction of the director or upon direction of its chairman to consider matters referred to it by the director in accordance with this chapter.

          (5) The members of the committee shall ((receive no compensation for performing their duties but)) be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses; expense reimbursement and compensation shall be borne equally by the parties to the arbitration.

          (6) For purposes of this chapter, a quorum of four members or their alternates is necessary to conduct an arbitration investigation or to make an award.  If a quorum is present, a simple majority of members present shall be sufficient to make a decision.  Any member disagreeing with the award may prepare a dissenting opinion and such opinion also will be included in the committee's report.

          (7) The director shall make provisions for staff support, including legal advice, as the committee finds necessary.

 

        Sec. 2.  Section 10, chapter 5, Laws of 1989 and RCW 15.62.110 are each amended to read as follows:

          (1) A majority of the commission members shall constitute a quorum for the transaction of all business of the commission.

          (2) Members of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for travel expenses, as prescribed by the commission, for each day spent in attendance at, or traveling to and from, commission meetings or when conducting authorized commission business.

 

        Sec. 3.  Section 5, chapter 452, Laws of 1987 and RCW 15.88.050 are each amended to read as follows:

          The director shall appoint the members of the commission.  In making such appointments of the voting members, the director shall take into consideration recommendations made by the growers' association and the wine institute as the persons recommended for appointment as members of the commission.  In appointing persons to the commission, the director shall seek to ensure as nearly as possible a balanced representation on the commission which would reflect the composition of the growers and wine producers throughout the state as to number of acres cultivated and amount of wine produced.

          The appointment shall be carried out immediately subsequent to July 1, 1987, and members so appointed as set forth in this chapter shall serve for the periods set forth for the original members of the commission under RCW 15.88.040.

          In the event a position on the commission becomes vacant due to resignation, disqualification, death, or for any other reason, the unexpired term of the position shall immediately be filled by appointment by the director.

          Each member of the commission shall be compensated in accordance with RCW 43.03.230 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

 

        Sec. 4.  Section 3, chapter 113, Laws of 1969 ex. sess. as last amended by section 2, chapter 438, Laws of 1987 and RCW 17.10.030 are each amended to read as follows:

          There is hereby created a state noxious weed control board which shall be comprised of nine voting members.  Four of the members shall be elected by the members of the various activated county noxious weed control boards, shall be residents of a county in which a county noxious weed control board has been activated and a member of said board, and those qualifications shall continue through their term of office.  Two such members shall be elected from the west side of the state, the crest of the Cascades being the dividing line, and two from the east side of the state.  The director of agriculture shall be a member of the board.  One member shall be elected by the directors of the various active weed districts formed under chapter 17.04 or 17.06 RCW.  The Washington state association of counties shall appoint one voting member who shall be a member of a county legislative authority.  The director shall appoint three nonvoting members  representing scientific disciplines relating to weed control.  The director shall also appoint two voting members to represent the public interest, one from the west side and one from the east side of the state.  The term of office for all members of the board shall be three years from the date of election or appointment.

          The board, by rule, shall establish a position number for each elected position of the board and shall designate which county noxious weed control board members are eligible to vote for each elected position.  The elected members shall serve staggered terms.  Elections for the elected members of the board shall be held thirty days prior to the expiration date of their respective terms.  Nominations and elections shall be by mail and conducted by the board.

          The board shall conduct its first meeting within thirty days after all its members have been elected.  The board shall elect from its members a chairman and such other officers as may be necessary.  A majority of the voting members of the board shall constitute a quorum for the transaction of business and shall be necessary for any action taken by the board.  The members of the board shall ((serve without salary, but)) be compensated in accordance with RCW 43.03.240 and shall be  reimbursed for travel expenses incurred in the performance of their duties under this chapter in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.

 

        Sec. 5.  Section 17, chapter 326, Laws of 1985 and RCW 18.06.170 are each amended to read as follows:

          (1) The acupuncture advisory committee is created.  The committee shall be composed of one physician licensed under chapter 18.71 or 18.57 RCW, three acupuncturists certified under this chapter, and one public member, who does not have any financial interest in the rendering of health services.

          (2) The director shall appoint members to staggered terms so as to provide continuity in membership.  Members shall serve at the pleasure of the director but may not serve more than five years total.  Members of the committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

          (3) ((Each member of the committee shall receive fifty dollars for each day during which the member attends an official meeting of the group or performs statutorily prescribed duties approved by the director.

          (4))) The committee shall meet only on the request of the director and consider only those matters referred to it by the director.

 

        Sec. 6.  Section 9, chapter 208, Laws of 1984 and RCW 18.16.050 are each amended to read as follows:

          There is created a state cosmetology, barbering, and manicuring advisory board consisting of five members appointed by the governor who shall advise the director concerning the administration of this chapter.  Four members of the board shall be barbers or cosmetologists who are licensed under this chapter and who have been engaged in the practice of barbering or cosmetology for at least three years or who have qualified under RCW 18.16.120(1).  One member of the board shall be a consumer who is unaffiliated with the cosmetology, barbering, or manicuring industry.  The term of office for board members is three years.  The terms of the first board members, however, shall be staggered to ensure an orderly succession of new board members thereafter.  Any board member may be removed for just cause.  The director may appoint a new member to fill any vacancy on the committee for the remainder of the unexpired term.  No board member may serve more than two consecutive terms, whether full or partial.

          Board members shall be entitled to ((compensation at the rate of fifty dollars per day for each day spent conducting official business and to)) reimbursement for travel expenses under RCW 43.03.050 and 43.03.060.

 

        Sec. 7.  Section 7, chapter 512, Laws of 1987 and RCW 18.19.070 are each amended to read as follows:

          (1) Within sixty days of July 26, 1987, the director shall have authority to appoint advisory committees to further the purposes of this chapter.  Each such committee shall be composed of five members, one member initially appointed for a term of one year, two for terms of two years, and two for terms of three years.  No person may serve as a member of the committee for more than two consecutive terms.

          The director may remove any member of the advisory committees for cause as specified by rule.  In the case of a vacancy, the director shall appoint a person to serve for the remainder of the unexpired term.

          (2) The advisory committees shall each meet at the times and places designated by the director and shall hold meetings during the year as necessary to provide advice to the director.

          Each member of an advisory committee shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.  ((In addition, members of the committees shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of their committee.))

          (3) Members of an advisory committee shall be residents of this state.  Each committee shall be composed of four individuals registered or certified in the category designated by the committee title, and one member who is a member of the public.

 

        Sec. 8.  Section 7, chapter 447, Laws of 1987 and RCW 18.36A.070 are each amended to read as follows:

          (1) There is hereby created the Washington state naturopathic advisory committee consisting of five members appointed by the director who shall advise the director concerning the administration of this chapter.  Three members of the initial committee shall be persons who would qualify for licensing under this chapter.  Their successors shall be naturopaths who are licensed under this chapter.  Two members of the committee shall be individuals who are unaffiliated with the profession.  For the initial committee, one unaffiliated member and one naturopath shall serve four-year terms, one unaffiliated member and one naturopath shall serve three-year terms, and one naturopath shall serve a two-year term.  The term of office for committee members after the initial committee is four years.  Any committee member may be removed for just cause including a finding of fact of unprofessional conduct, impaired practice, or more than three unexcused absences.  The director may appoint a new member to fill any vacancy on the committee for the remainder of the unexpired term.

          No committee member may serve more than two consecutive terms, whether full or partial.

          (2) Committee members shall be ((compensated in accordance with RCW 43.03.240 and)) reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

          (3) The committee may elect annually a chair and vice-chair to direct the meetings of the committee.  The committee shall meet at least once each year, and may hold additional meetings as called by the director or the chair.

 

        Sec. 9.  Section 8, chapter 513, Laws of 1987 and RCW 18.85.500 are each amended to read as follows:

          There is hereby created the broker's trust account board to consist of seven members as follows:

          (1) The governor shall appoint six members with at least two residing east of the Cascade range of mountains.  The governor may review nominations from the Washington association of realtors, private, nonprofit housing assistance programs, and any state-wide association of public housing authorities.  Three of these appointments shall be real estate brokers or salespersons licensed under chapter 18.85 RCW.  The governor shall attempt to maintain a balance of interests represented through the choice of appointees.

          (2) The real estate commission, created under this chapter, shall appoint one member.

          (3) Members shall serve for terms of three years expiring on January 15:  PROVIDED, HOWEVER, That of the members appointed by the governor, two shall be appointed for a term of one year, two for a term of two years, and two for a term of three years.  Any vacancy occurring in the membership of the board shall be filled for the remainder of the unexpired term by the individual or entity responsible for the original appointment.

          Members shall ((serve without compensation)) be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

 

        Sec. 10.  Section 8, chapter 415, Laws of 1987 and RCW 18.89.070 are each amended to read as follows:

          (1) There is created a state respiratory care advisory committee consisting of five members appointed by the director.  Three members of the advisory committee shall be respiratory care practitioners who are certified under this chapter.  The initial members, however, may be appointed to the advisory committee if they meet all the requirements for certification under this chapter and have been engaged in the practice of respiratory care for at least five years.  One member of the advisory committee shall be an individual representing the public who is unaffiliated with the profession.  One member of the advisory committee shall be a physician, who is a pulmonary specialist.  Each member shall hold office for a term of four years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term and the terms of office of the members first taking office shall expire, as designated at the time of appointment, one at the end of the first year, one at the end of the second year, one at the end of the third year, and two at the end of the fourth year after the date of appointment.  Thereafter all appointments shall be for four years.  Any advisory committee member may be removed for just cause.  The director may appoint a new member to fill any vacancy on the advisory committee for the remainder of the unexpired term.  No advisory committee member may serve more than two consecutive terms, whether full or partial.

          (2) Advisory committee members shall be ((entitled to be compensated in accordance with RCW 43.03.240, and to be)) reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

          (3) The advisory committee shall have the authority to elect annually a chairperson and vice-chairperson to direct the meetings of the advisory committee.  The advisory committee shall meet at least once each year, and may hold additional meetings as called by the director or the chairperson.  Three members of the advisory committee  constitute a quorum.

 

        Sec. 11.  Section 8, chapter 277, Laws of 1988 and RCW 18.138.080 are each amended to read as follows:

          (1) There is created a state advisory committee consisting of five members appointed by the director who shall advise the director concerning the administration of this chapter.  Two members of the committee shall be  certified dietitians who have been engaged in the practice of dietetics for at least  five years immediately preceding their appointments.  Two members of the committee shall be certified nutritionists who have been engaged in the provision of general nutrition services for at least five years preceding their appointments.  These committee members shall at all times be certified under this chapter, except for the initial members of the committee, who shall fulfill the requirements for certification under this chapter.  The remaining member of the committee shall be a member of the public with an interest in the rights of consumers of health services, but who does not have any financial interest in the rendering of health services.

          (2) The term of office for committee members is four years.  The terms of the first committee members however, shall be staggered to ensure an orderly succession of new committee members thereafter.  Terms of office shall expire on December 31.  Any committee member may be removed for just cause.  The director may appoint a new member to fill any vacancy on the committee for the remainder of the unexpired term.  No committee member may serve more than two consecutive terms whether full or partial.

          (3) Committee members shall be ((entitled to be compensated in accordance with RCW 43.03.240 and to be)) reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

          (4) The committee shall have the authority to annually elect a chairperson and vice-chairperson to direct the meetings of the committee.  The committee shall meet at least once each year, and may hold additional meetings as called by the director or the chairperson.  Three members of the committee shall constitute a quorum of the committee.

 

        Sec. 12.  Section 7, chapter 382, Laws of 1989 and RCW 18.145.060 are each amended to read as follows:

          (1) The state shorthand reporters advisory board is established to advise the director concerning the administration of this chapter.  The board shall consist of five members appointed by the director.  Three members of the board shall be certified shorthand reporters, except for the initial members of the board, two of whom shall be freelance shorthand reporters and one a court-employed shorthand reporter, each engaged in the continuous practice of shorthand reporting for at least five years preceding appointment.  Two members of the board shall be unaffiliated with the profession.  One shall be a current member of the state bar association or state judiciary, the other shall be a public member.  The term of office for board members is four years, except the terms of the first board members shall be staggered to ensure an orderly succession of new board members.  The director may remove a board member for misconduct, incompetency, or neglect of duty as specified by rule.  Upon the death, resignation, or removal of a member, the director shall appoint a new member to fill a vacancy on the board for the remainder of the unexpired term.  No board member may serve more than two consecutive terms, whether full or partial.

          (2) Board members shall be ((compensated in accordance with RCW 43.03.240 and)) reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

          (3) The board shall annually elect a chairperson and vice-chairperson to direct the meetings of the board.  The board shall meet at least once each year, at times and locations determined by the director.  A simple majority of the board members currently serving constitutes a quorum of the board.

          (4) Upon receipt of complaints against shorthand reporters, the director shall investigate and evaluate the complaint to determine if disciplinary action is appropriate.  At the discretion of the director, individual board members may participate in or conduct investigations or evaluations of investigation reports and make recommendations regarding further action.  The director shall hold disciplinary hearings pursuant to chapter 34.05 RCW.

 

        Sec. 13.  Section 7, chapter 96, Laws of 1974 ex. sess. as last amended by section 2, chapter 246, Laws of 1989 and RCW 19.27.070 are each amended to read as follows:

          There is hereby established a state building code council to be appointed by the governor.

          (1) The state building code council shall consist of fifteen members, two of whom shall be county elected legislative body members or elected executives and two of whom shall be city elected legislative body members or mayors.  One of the members shall be a local government building code enforcement official and one of the members shall be a local government fire service official.  Of the remaining nine members, one member shall represent general construction, specializing in commercial and industrial building construction; one member shall represent general construction, specializing in residential and multifamily building construction; one member shall represent the architectural design profession; one member shall represent the structural engineering profession; one member shall represent the mechanical engineering profession; one member shall represent the construction building trades; one member shall represent manufacturers, installers, or suppliers of building materials and components; one member shall be a person with a physical disability and shall represent the disability community; and one member shall represent the general public.  At least six of these fifteen members shall reside east of the crest of the Cascade mountains.  The council shall include:  Two members of the house of representatives appointed by the speaker of the house, one from each caucus; two members of the senate appointed by the president of the senate, one from each caucus; and an employee of the electrical division of the department of labor and industries, as ex officio, nonvoting members with all other privileges and rights of membership.  Terms of office shall be for three years.  The council shall elect a member to serve as chair of the council for one-year terms of office.  Any member who is appointed by virtue of being an elected official or holding public employment shall be removed from the council if he or she ceases being such an elected official or holding such public employment.  Before making any appointments to the building code council, the governor shall seek nominations from recognized organizations which represent the entities or interests listed in this subsection.  Members serving on the council on July 28, 1985, may complete their terms of office.  Any vacancy shall be filled by alternating appointments from governmental and nongovernmental entities or interests until the council is constituted as required by this subsection.

          (2) Members shall ((not be compensated but)) be compensated in accordance with RCW 43.03.240 and shall receive  reimbursement for  travel expenses in accordance with RCW 43.03.050 and 43.03.060.

          (3) The department of community development shall provide administrative and clerical assistance to the building code council.

 

        Sec. 14.  Section 13, chapter 509, Laws of 1987 and RCW 22.09.436 are each amended to read as follows:

          (1) There is hereby created a grain indemnity fund advisory committee consisting of six members to be appointed by the director.  The director shall make appointments to the committee no later than seven days following the date this section becomes effective pursuant to RCW 22.09.405.  Of the initial appointments, three shall be for two-year terms and three shall be for three-year terms.  Thereafter, appointments shall be for three-year terms, each term ending on the same day of the same month as did the term preceding it.  Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of the predecessor's term.

          (2) The committee shall be composed of two producers primarily engaged in the production of agricultural commodities, two licensed grain dealers, and two licensed grain warehousemen.

          (3) The committee shall meet at such places and times as it shall determine and as often as necessary to discharge the duties imposed upon it.  Each committee member ((shall be compensated in accordance with RCW 43.03.240 and)) shall be reimbursed for travel and subsistence expense under RCW 43.03.050 and 43.03.060.  The expenses of the committee and its operation shall be paid from the grain indemnity fund.

          (4) The committee shall have the power and duty to advise the director concerning assessments, administration of the grain indemnity fund, and payment of claims from the fund.

 

        Sec. 15.  Section 28A.04.110, chapter 223, Laws of 1969 ex. sess. as last amended by section 60, chapter 287, Laws of 1984 and RCW 28A.04.110 are each amended to read as follows:

          The state board of education shall hold an annual meeting and such other regular meetings at such time and place within the state as the board shall determine and may hold such special meetings as may be deemed necessary for the transaction of public business, such special meetings to be called by the superintendent of public instruction, or by a majority of the board.  The persons serving as members of the state board of education shall be compensated in accordance with RCW ((43.03.240)) 43.03.250 and shall be reimbursed by the superintendent of public instruction for travel expenses in accordance with RCW 43.03.050 and 43.03.060 incurred in the performance of their duties which expenses shall be paid by the state treasurer on warrants out of funds appropriated or otherwise available, upon the order of the superintendent.

 

        Sec. 16.  Section 99, chapter 370, Laws of 1985 and RCW 28B.25.030 are each amended to read as follows:

          (1) The joint center for higher education shall be administered by a board consisting of:

          (a) Two representatives of Eastern Washington University appointed by the board of trustees;

          (b) Two representatives of Washington State University appointed by the board of regents;

          (c) One representative of the community colleges in the Spokane area appointed by the board of trustees of the Spokane community college district; and

          (d) Two citizens residing in Spokane county.  The governor, with the consent of the senate, shall appoint the initial members, one for a two-year term and one for a four-year term.  Subsequent citizen board members shall be appointed for four-year terms by the remaining voting members of the board.

          (2) The executive coordinator or designee of the ((council for postsecondary education)) higher education coordinating board or its successor agency shall serve as a nonvoting member of the board.

          (3) Each of the seven voting members shall have one vote.  The voting members shall select a chairperson.  A majority of the voting members shall constitute a quorum for conducting business.

          (4) Members of the board shall be compensated in accordance with RCW 43.03.240 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

 

        Sec. 17.  Section 8, chapter 120, Laws of 1965 ex. sess. as last amended by section 80, chapter 34, Laws of 1975-'76 2nd ex. sess. and RCW 36.78.080 are each amended to read as follows:

          Members of the county road administration board shall ((receive no compensation for their service on the board, but shall)) be compensated in accordance with RCW 43.03.240 and reimbursed for travel expenses incurred while attending meetings of the board or while engaged on other business of the board when authorized by the board in accordance with RCW 43.03.050 and 43.03.060 ((as now existing or hereafter amended)).

 

        Sec. 18.  Section 7, chapter 189, Laws of 1967 as amended by section 1, chapter 477, Laws of 1987 and RCW 36.93.070 are each amended to read as follows:

          The members of each boundary review board shall elect from its members a chairman, vice chairman, and shall employ a nonmember as chief clerk, who shall be the secretary of the board.  The board shall determine its own rules and order of business and shall provide by resolution for the time and manner of holding all regular or special meetings:  PROVIDED, That all meetings shall be subject to chapter 42.30 RCW.  The board shall keep a journal of its proceedings which shall be a public record.  A majority of all the members shall constitute a quorum for the transaction of business.

          The chief clerk of the board shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas to any public officer or employee ordering him to testify before the board and produce public records, papers, books or documents.  The chief clerk may invoke the aid of any court of competent jurisdiction to carry out such powers.

          The board by rule may provide for hearings by panels of members consisting of not less than five board members, the number of hearing panels and members thereof, and for the impartial selection of panel members.  A majority of a panel shall constitute a quorum thereof.

          At the request of the board, the state attorney general, or at the board's option, the county prosecuting attorney, shall provide counsel for the board.

          The planning departments of the county, other counties, and any city, and any state or regional planning agency shall furnish such information to the board at its request as may be reasonably necessary for the performance of its duties.

          Each member of the board shall be compensated from the county current expense fund ((at the rate of twenty-five dollars per day, or a major portion thereof, for time actually devoted to the work of the boundary review board)) in accordance with RCW 43.03.240.  Each board of county commissioners shall provide such funds as shall be necessary to pay the salaries of the members and staff, and such other expenses as shall be reasonably necessary.

 

        Sec. 19.  Section 1, chapter 274, Laws of 1975 1st ex. sess. as last amended by section 1, chapter 121, Laws of 1987 and by section 11, chapter 475, Laws of 1987 and RCW 41.04.260 are each reenacted and amended to read as follows:

          (1) There is hereby created a committee for deferred compensation to be composed of five members appointed by the governor, one of whom shall be a representative of an employee association or union certified as an exclusive representative of at least one bargaining unit of classified employees, one who shall be a representative of either a credit union, savings and loan association, mutual savings bank or bank, one who possesses expertise in the area of insurance or investment of public funds, one who shall be the state attorney general or his designee, and one additional member selected by the governor.  The committee shall ((serve without compensation but)) be compensated in accordance with RCW 43.03.240 and shall receive  travel expenses as provided for in RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.

          (2) The deferred compensation principal account is hereby created in the state treasury.  Any deficiency in the deferred compensation administrative account caused by an excess of administrative expenses disbursed from that account over earnings of investments of balances credited to that account shall be transferred to that account from the deferred compensation principal account.

          The amount of compensation deferred by employees under agreements entered into under the authority contained in RCW 41.04.250 shall be paid into the deferred compensation principal account and shall be sufficient to cover costs of administration and staffing in addition to such other amounts as determined by this committee.  The deferred compensation principal account shall be used to carry out the purposes of RCW 41.04.250.  All eligible state employees shall be given the opportunity to participate in agreements entered into by the committee under RCW 41.04.250.  State agencies shall cooperate with the committee in providing employees with the opportunity to participate.  Any county, municipality, or other subdivision of the state may elect to participate in any agreements entered into by the committee under RCW 41.04.250, including the making of payments therefrom to the employees participating in a deferred compensation plan upon their separation from state or other qualifying service.  Accordingly, the deferred compensation principal account shall be considered to be a public pension or retirement fund within the meaning of Article XXIX, section 1 of the state Constitution, for the purpose of determining eligible investments and deposits of the moneys therein.  All moneys in the deferred compensation principal account, all property and rights purchased therewith, and all income attributable thereto, shall remain (until made available to the participating employee or other beneficiary) solely the money, property, and rights of the state and participating counties, municipalities and subdivisions (without being restricted to the provision of benefits under the plan) subject only to the claims of the state's and participating jurisdictions' general creditors.  Participating jurisdictions shall each retain property rights separately.

          (3) The state investment board, at the request of the deferred compensation committee, is authorized to invest moneys in the deferred compensation principal account in accordance with RCW 43.84.150.  Except as provided in RCW 43.33A.160, one hundred percent of all earnings from these investments shall accrue directly to the deferred compensation principal account.  The earnings on any surplus balances in the deferred compensation principal account shall be credited to the deferred compensation principal account, notwithstanding RCW 43.84.090.

          (4) The deferred compensation administrative account is hereby created in the state treasury.  All expenses of the committee including staffing and administrative expenses shall be paid out of the deferred compensation administrative account.  Notwithstanding RCW 43.84.090, all earnings of investments of balances in the deferred compensation administrative account shall be credited to this account.  Any excess of earnings of investments of balances credited to this account over administrative expenses disbursed from this account shall be expended to the deferred compensation principal account.  Any deficiency in the deferred compensation administrative account caused by an excess of administrative expenses disbursed from this account over earnings of investments of balances credited to this account shall be transferred to this account from the deferred compensation principal account.

          (5) In addition to the duties specified in this section and RCW 41.04.250, the deferred compensation committee shall administer the salary reduction plan established in RCW 41.04.600 through 41.04.645.

          (6) The deferred compensation committee shall keep or cause to be kept full and adequate accounts and records of the assets, obligations, transactions, and affairs of any deferred compensation plans created under RCW 41.04.250 through 41.04.260.

          The deferred compensation committee shall file an annual report of the financial condition, transactions, and affairs of the deferred compensation plans under the committee's jurisdiction.  A copy of the annual report shall be filed with the speaker of the house of representatives, the president of the senate, the governor, and the state auditor.

          (7) Members of the deferred compensation committee shall be deemed to stand in a fiduciary relationship to the employees participating in the deferred compensation plans created under RCW 41.04.250 through 41.04.260 and shall discharge the duties of their respective positions in good faith and with that diligence, care, and skill which ordinary prudent persons would exercise under similar circumstances in like positions.

          (8) The committee may adopt rules necessary to carry out the purposes of RCW 41.04.250 and 41.04.260.

 

        Sec. 20.  Section 3, chapter 155, Laws of 1986 and RCW 43.03.310 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 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)) be compensated in accordance with RCW 43.03.240 and  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 chairperson from among their number. The commission shall set a schedule of salaries by an affirmative vote of not less than eight 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 chairperson of the commission shall be affixed to each schedule submitted to the secretary of state.  The chairperson 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) Prior to the filing of any salary schedule, the commission shall hold no fewer than four public hearings thereon within the four months immediately preceding the filing.

          (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.

 

        Sec. 21.  Section 43.24.060, chapter 8, Laws of 1965 as last amended by section 78, chapter 287, Laws of 1984 and RCW 43.24.060 are each amended to read as follows:

          (1) The director of licensing shall, from time to time, fix such times and places for holding examinations of applicants as may be convenient, and adopt general rules and regulations prescribing the method of conducting examinations.

          The governor, from time to time, upon the request of the director of licensing, shall appoint examining committees, composed of three persons possessing the qualifications provided by law to conduct examinations of applicants for licenses to practice the respective professions or callings for which licenses are required.

          The committees shall prepare the necessary lists of examination questions, conduct the examinations, which may be either oral or written, or partly oral and partly written, and shall make and file with the director of licensing lists, signed by all the members conducting the examination, showing the names and addresses of all applicants for licenses who have successfully passed the examination, and showing separately the names and addresses of the applicants who have failed to pass the examination, together with all examination questions and the written answers thereto submitted by the applicants.

          Each member of a committee shall ((receive twenty-five dollars per day for each day spent in conducting the examination and in going to and returning from the place of examination, and)) be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses((,)) in accordance with RCW 43.03.050 and 43.03.060.

          (2) The director of licensing may appoint advisory committees to advise the department regarding the preparation of examinations for professional licensing and such other specific aspects of regulating the professions within the jurisdiction of the department as the director may designate.  Such a committee and its members shall serve at the pleasure of the director.

          Each member of an advisory committee ((shall be compensated in accordance with RCW 43.03.240 and)) shall receive reimbursement for travel expenses incurred in attending meetings of the committee in accordance with RCW 43.03.050 and 43.03.060.

 

        Sec. 22.  Section 4, chapter 430, Laws of 1989 and RCW 43.31.504 are each amended to read as follows:

          The child care facility fund committee is established within the business assistance center of the department of trade and economic development.  The committee shall administer the child care facility fund, with review by the director of the department of trade and economic development.

          (1) The committee shall have five members.  The director of the department of trade and economic development shall appoint the members, who shall include:

          (a) Two persons experienced in investment finance and having skills in providing capital to new businesses, in starting and operating businesses, and providing professional services to small or expanding businesses;

          (b) One person representing a philanthropic organization with experience in evaluating funding requests;

          (c) One child care services expert; and

          (d) One early childhood development expert.

          In making these appointments, the director shall give careful consideration to ensure that the various geographic regions of the state are represented and that members will be available for meetings and are committed to working cooperatively to address child care needs in Washington state.

          (2) The committee shall elect officers from among its membership and shall adopt policies and procedures specifying the lengths of terms, methods for filling vacancies, and other matters necessary to the ongoing functioning of the committee.

          (3) Committee members shall ((serve without compensation, but)) be compensated in accordance with RCW 43.03.240 and may request reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060.

          (4) Committee members shall not be liable to the state, to the child care facility fund, or to any other person as a result of their activities, whether ministerial or discretionary, as members except for willful dishonesty or intentional violation of the law.  The department of trade and economic development may purchase liability insurance for members and may indemnify these persons against the claims of others.

 

        Sec. 23.  Section 43.46.040, chapter 8, Laws of 1965 as amended by section 4, chapter 317, Laws of 1985 and RCW 43.46.040 are each amended to read as follows:

          Members of the commission shall ((serve without compensation.  However,)) be compensated in accordance with RCW 43.03.240.  Nonlegislative members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060 and legislative members shall be reimbursed as provided in RCW 44.04.120.  The commission shall organize, elect a chairperson annually, and adopt rules pursuant to chapter ((34.04)) 34.05 RCW.  A majority of its members constitute a quorum.  Any action as defined in RCW 42.30.020(3) shall be taken only at a meeting at which a quorum is present.

 

        Sec. 24.  Section 55, chapter 266, Laws of 1986 and RCW 43.63A.310 are each amended to read as follows:

          There is created the state fire protection policy board consisting of ten members appointed by the governor:

          (1) Three representatives of fire chiefs.  At least one shall be from a fire department east of the Cascade mountains and at least one shall be from a fire department west of the Cascade mountains.  One shall be from a fire protection district;

          (2) One insurance industry representative;

          (3) One representative of cities and towns;

          (4) One representative of counties;

          (5) Two full-time, paid, career fire fighters;

          (6) One volunteer fire fighter; and

          (7) One representative of fire commissioners.

          In making the appointments required under subsections (1) through (7) of this section, the governor shall (a) seek the advice of and consult with organizations involved in fire protection; and (b) ensure that racial minorities, women, and persons with disabilities are represented.

          The terms of the appointed members of the board shall be three years and until a successor is appointed and qualified.  However, initial board members shall be appointed as follows:  Three members to terms of one year, three members to terms of two years, and four members to terms of three years.  In the case of a vacancy of a member appointed under subsections (1) through (7) of this section, the governor shall appoint a new representative to fill the unexpired term of the member whose office has become vacant.  A vacancy shall occur whenever an appointed member ceases to be employed in the occupation the member was appointed to represent.

          The appointed members of the board shall be compensated in accordance with RCW 43.03.240 and reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

          The board shall select its own chairperson and shall meet at the request of the governor or the chairperson and at least four times per year.

 

        Sec. 25.  Section 8, chapter 16, Laws of 1983 1st ex. sess. and RCW 43.103.080 are each amended to read as follows:

          (1) Members of the council shall be compensated in accordance with RCW 43.03.240 and reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

          (2) Attendance at meetings of the council shall constitute performance by a council member of the duties of his or her employment or office.

 

        Sec. 26.  Section 9, chapter 446, Laws of 1985 and RCW 43.155.030 are each amended to read as follows:

          (1) The public works board is hereby created.

          (2) The board shall be composed of thirteen members appointed by the governor for terms of four years, except that five members initially shall be appointed for terms of two years.  The board shall include:  (a) Three members, two of whom shall be elected officials and one shall be a public works manager, appointed from a list of at least six persons nominated by the association of Washington cities or its successor; (b) three members, two of whom shall be elected officials and one shall be a public works manager, appointed from a list of at least six persons nominated by the Washington state association of counties or its successor; (c) three members appointed from a list of at least six persons nominated jointly by the Washington state association of water districts, the Washington public utility districts association, and the Washington state association of sewer districts or their successors; and (d) four members appointed from the general public.  In appointing the four general public members, the governor shall endeavor to balance the geographical composition of the board and to include members with special expertise in relevant fields such as public finance, architecture and civil engineering, and public works construction.  The governor shall appoint one of the general public members of the board as chair.  The term of the chair shall coincide with the term of the governor.

          (3) Staff support to the board shall be provided by the department.

          (4) Members of the board shall ((receive no compensation but)) be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

          (5) If a vacancy on the board occurs by death, resignation, or otherwise, the governor shall fill the vacant position for the unexpired term.  Each vacancy in a position appointed from lists provided by the associations under subsection (2) of this section shall be filled from a list of at least three persons nominated by the relevant association or associations.  Any members of the board, appointive or otherwise, may be removed by the governor for cause in accordance with RCW 43.06.070 and 43.06.080.

 

        Sec. 27.  Section 3, chapter 279, Laws of 1989 and RCW 43.163.020 are each amended to read as follows:

          The Washington economic development finance authority is established as a public body corporate and politic, with perpetual corporate succession, constituting an instrumentality of the state of Washington exercising essential governmental functions.  The authority is a public body within the meaning of RCW 39.53.010.

          The authority shall consist of fifteen members as follows:  The director of the department of trade and economic development, the director of the department of community development, the state treasurer, one member from each caucus in the house of representatives appointed by the speaker of the house, one member from each caucus in the senate appointed by the president of the senate, and eight public members with at least three of the members residing east of the Cascades.  The public members shall be residents of the state appointed by the governor on the basis of their interest or expertise in trade, agriculture or business finance or jobs creation and development.  One of the public members shall be appointed by the governor as chair of the authority and shall serve as chair of the authority at the pleasure of the governor.  The authority may select from its membership such other officers as it deems appropriate.

          The term of the persons appointed by the governor as public members of the authority, including the public member appointed as chair, shall be four years from the date of appointment, except that the term of three of the initial appointees shall be for two years from the date of appointment and the term of two of the initial appointees shall be for three years from the date of appointment.  The governor shall designate the appointees who will serve the two-year and three-year terms.

          In the event of a vacancy on the authority due to death, resignation or removal of one of the public members, or upon the expiration of the term of one of the public members, the governor shall appoint a successor for the remainder of the unexpired term.  If either of the state offices is abolished, the resulting vacancy on the authority shall be filled by the state officer who shall succeed substantially to the power and duties of the abolished office.

          Any public member of the authority may be removed by the governor for misfeasance, malfeasance or willful neglect of duty after notice and a public hearing, unless such notice and hearing shall be expressly waived in writing by the affected public member.

          The state officials serving in ex officio capacity may each designate an employee of their respective departments to act on their behalf in all respects with regard to any matter to come before the authority.  Such designations shall be made in writing in such manner as is specified by the rules of the authority.

          The members of the authority shall ((serve without compensation but)) be compensated in accordance with RCW 43.03.240 and shall be entitled to reimbursement, solely from the funds of the authority, for expenses incurred in the discharge of their duties under this chapter.  The authority may borrow funds from the department for the first year of the authority's operations for the purpose of reimbursing members for expenses; however, the authority shall repay the department as soon as practicable.

          A majority of the authority shall constitute a quorum.

 

        Sec. 28.  Section 3, chapter 164, Laws of 1985 and RCW 43.168.030 are each amended to read as follows:

          (1) The Washington state development loan fund committee is established as an entity within the department of community development.  The committee shall have seven members.  The director shall appoint the members, subject to the following requirements:  (a) Three members shall be experienced in investment finance and have skills in providing capital to new and innovative businesses, in starting and operating businesses and providing professional services to small or expanding businesses; (b) two members shall be residents of distressed areas; (c) one member shall represent organized labor; and (d) one member shall represent a minority business.  Careful consideration in making these appointments shall be taken to ensure that the various geographic regions of the state are represented, that members will be available for meetings on a regular basis, and will have a commitment to working with local governments and local development organizations.

          (2) Each member appointed by the director shall serve a term of three years, except that of the members first appointed, two shall serve two-year terms and two shall serve one-year terms.  A person appointed to fill a vacancy of a member shall be appointed in a like manner and shall serve for only the unexpired term.  A member is eligible for reappointment.  A member may be removed by the director only for cause.

          (3) The director shall designate a member of the board as its chairperson.  The committee may elect such other officers as it deems appropriate.  Four members of the committee constitute a quorum and four affirmative votes are necessary for the transaction of business or the exercise of any power or function of the committee.

          (4) The members of the committee shall ((serve without compensation, but)) be compensated in accordance with RCW 43.03.240 and  are entitled to reimbursement for actual and necessary expenses incurred in the performance of official duties in accordance with RCW 43.03.050 and 43.03.060.

          (5) Members shall not be liable to the state, to the fund, or to any other person as a result of their activities, whether ministerial or discretionary, as members except for willful dishonesty or intentional violations of law.  The department may purchase liability insurance for members and may indemnify these persons against the claims of others.

 

        Sec. 29.  Section 19, chapter 83, Laws of 1967 ex. sess. as last amended by section 15, chapter 167, Laws of 1988 and RCW 47.26.130 are each amended to read as follows:

          Members of the transportation improvement board shall ((receive no compensation for their services on the board, but)) be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel  expenses incurred while attending meetings of the board or while engaged on other business of the board when authorized by the board in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.

 

        Sec. 30.  Section 4, chapter 431, Laws of 1987 as amended by section 2, chapter 121, Laws of 1989 and RCW 48.41.040 are each amended to read as follows:

          (1) There is hereby created a nonprofit entity to be known as the Washington state health insurance pool.  All members in this state on or after May 18, 1987, shall be members of the pool.  When authorized by federal law, all self-insured employers shall also be members of the pool.

          (2) Pursuant to chapter 34.05 RCW the commissioner shall, within ninety days after May 18, 1987, give notice to all members of the time and place for the initial organizational meetings of the pool.  A board of directors shall be established, which shall be comprised of nine members.  The commissioner shall select three members of the board who shall represent (a) the general public, (b) health care providers, and (c) health insurance agents.  The remaining members of the board shall be selected by election from among the members of the pool.  The elected members shall, to the extent possible, include at least one representative of health care service contractors, one representative of health maintenance organizations, and one representative of commercial insurers which provides disability insurance.  When self-insured organizations become eligible for participation in the pool, the membership of the board shall be increased to eleven and at least one member of the board shall represent the self-insurers.

          (3) The original members of the board of directors shall be appointed for intervals of one to three years.  Thereafter, all board members shall serve a term of three years.  Board members shall ((receive no compensation, but)) be compensated in accordance with RCW 43.03.240 and shall be reimbursed for all travel expenses as provided in RCW 43.03.050 and 43.03.060.

          (4) The board shall submit to the commissioner a plan of operation for the pool and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the pool.  The commissioner shall, after notice and hearing pursuant to chapter 34.05 RCW, approve the plan of operation if it is determined to assure the fair, reasonable, and equitable administration of the pool and provides for the sharing of pool losses on an equitable, proportionate basis among the members of the pool.  The plan of operation shall become effective upon approval in writing by the commissioner consistent with the date on which the coverage under this chapter must be made available.  If  the board fails to submit a plan of operation within one hundred eighty days after the appointment of the board or any time thereafter fails to submit acceptable amendments to the plan, the commissioner shall, within ninety days after notice and hearing pursuant to chapters 34.05 and 48.04 RCW, adopt such rules  as are necessary or advisable to effectuate this chapter.  The rules shall continue in force until modified by the commissioner or superseded by a plan submitted by the board and approved by the commissioner.

 

        Sec. 31.  Section 10, chapter 354, Laws of 1985 and RCW 71.34.100 are each amended to read as follows:

          (1) If a minor is committed for one hundred eighty-day inpatient treatment and is to be placed in a state-supported program, the secretary shall accept immediately and place the minor in a state-funded long-term evaluation and treatment facility.

          (2) The secretary's placement authority shall be exercised through a designated placement committee appointed by the secretary and composed of children's mental health specialists, including at least one child psychiatrist who represents the state-funded, long-term, evaluation and treatment facility for minors.  Members of the placement committee shall be compensated in accordance with RCW 43.03.240 and reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.  The responsibility of the placement committee will be to:

          (a) Make the long-term placement of the minor in the most appropriate, available state-funded evaluation and treatment facility, having carefully considered factors including the treatment needs of the minor, the most appropriate facility able to respond to the minor's identified treatment needs, the geographic proximity of the facility to the minor's family, the immediate availability of bed space, and the probable impact of the placement on other residents of the facility;

          (b) Approve or deny requests from treatment facilities for transfer of a minor to another facility;

          (c) Receive and monitor reports required under this section;

          (d) Receive and monitor reports of all discharges.

          (3) The secretary may authorize transfer of minors among treatment facilities if the transfer is in the best interests of the minor or due to treatment priorities.

          (4) The responsible state-funded evaluation and treatment facility shall submit a report to the department's designated placement committee within ninety days of admission and no less than every one hundred eighty days thereafter, setting forth such facts as the department requires, including the minor's individual treatment plan and progress, recommendations for future treatment, and possible less restrictive treatment.

 

        Sec. 32.  Section 21, chapter 205, Laws of 1989 and RCW 72.23.025 are each amended to read as follows:

          (1) It is the intent of the legislature to improve the quality of service at state hospitals, eliminate overcrowding, and more specifically define the role of the state hospitals.  The legislature intends that eastern and western state hospitals shall become clinical centers for handling the most complicated long-term care needs.  Over the next six years, their involvement in providing short-term and acute care shall be diminished in accordance with the revised responsibilities for mental health care under chapter 71.24 RCW.  The legislature finds that establishment of the eastern state hospital board, the western state hospital board, and institutes for the study and treatment of mental disorders at both eastern state hospital and western state hospital will be instrumental in implementing the legislative intent.

          (2)(a) The eastern state hospital board and the western state hospital board are each established.  Members of the boards shall be appointed by the governor with the consent of the senate.  Each board shall include:

          (i) The director of the institute for the study and treatment of mental disorders established at the hospital;

          (ii) One family member of a current or recent hospital resident;

          (iii) One consumer of services;

          (iv) One community mental health service provider;

          (v) Two citizens with no financial or professional interest in mental health services;

          (vi) One representative of the regional support network in which the hospital is located;

          (vii) One representative from the staff who is a physician;

          (viii) One representative from the nursing staff;

          (ix) One representative from the other professional staff;

          (x) One representative from the nonprofessional staff; and

          (xi) One representative of a minority community.

          (b) At least one representative listed in (a) (viii), (ix), or (x) of this subsection shall be a union member.

          (c) Members shall serve four-year terms.  Members of the board shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060 ((and shall receive compensation as provided in RCW 43.03.240)).

          (3) The boards established under this section shall:

          (a) Monitor the operation and activities of the hospital;

          (b) Review and advise on the hospital budget;

          (c) Make recommendations to the governor and the legislature for improving the quality of service provided by the hospital;

          (d) Monitor and review the activities of the hospital in implementing the intent of the legislature set forth in this section;

          (e) Report periodically to the governor and the legislature on the implementation of the legislative intent set forth in this section; and

          (f) Consult with the secretary regarding persons the secretary may select as the superintendent of the hospital whenever a vacancy occurs.

          (4)(a) There is established at eastern state hospital and western state hospital, institutes for the study and treatment of mental disorders.  The institutes shall be operated by joint operating agreements between state colleges and universities and   the department of social and health services.  The institutes are intended to:

          (i) Promote recruitment and retention of highly qualified professionals at the state hospitals;

          (ii) Improve clinical care by exploring new, innovative, and scientifically based treatment models for persons presenting particularly difficult and complicated clinical syndromes;

          (iii) Provide expanded training opportunities for existing staff at the state hospitals;

          (iv) Promote bilateral understanding of treatment orientation, possibilities, and challenges between state hospital professionals and community mental health professionals.

          (b) To accomplish these purposes the institutes may, within funds appropriated for this purpose:

          (i) Enter joint operating agreements with state universities or other institutions of higher education to accomplish the placement and training of students and faculty in psychiatry, psychology, social work, occupational therapy, nursing, and other relevant professions at the state hospitals;

          (ii) Design and implement clinical research projects to improve the quality and effectiveness of state hospital services and operations;

          (iii) Enter into agreements with community mental health service providers to accomplish the exchange of professional staff between the state hospitals and community mental health service providers;

          (iv) Establish a student loan forgiveness program to retain qualified professionals at the state hospitals when the superintendent has determined a shortage of such professionals exists.

          (c) Notwithstanding any other provisions of law to the contrary, the institutes may enter into agreements with the department or the state hospitals which may involve changes in staffing necessary to implement improved patient care programs contemplated  by this section.

          (d) The institutes are authorized to seek and accept public or private gifts, grants, contracts, or donations to accomplish their purposes under this section.

          (5) The department shall review the diagnoses and treatment history of hospital patients and create a plan to locate inappropriately placed persons into medicaid reimbursable nursing homes or other nonhospital settings.  The plan shall be submitted to the legislature by June 30, 1990.

 

        Sec. 33.  Section 5, chapter 434, Laws of 1987 and RCW 74.21.050 are each amended to read as follows:

          (1) The family independence program executive committee is hereby established.

          (2) The executive committee shall consist of seven members as follows:  The secretary of social and health services, the commissioner of the employment security department, the senior official from each of those agencies who is responsible for the family independence program, an official of the office of financial management, and two nonvoting individuals who have received public assistance in the past but have subsequently achieved economic independence.  The former recipient members of the executive committee shall be selected by the advisory committee.  The former recipient representatives on the committee shall hold a term of two years.  Terms may be renewed for one additional two-year term.  The former recipient representatives shall be compensated in accordance with RCW 43.03.240 and reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

          (3) The executive committee shall appoint and consult with an advisory committee of not less than ten or more than twenty members broadly representative of business, labor, education, community, enrollee, civic groups, and the public at large.  The membership shall be geographically balanced with one-third of the membership composed of enrollees or community members in accordance with RCW 74.21.060.  The advisory committee members shall serve terms of two years.  In addition, the speaker of the house of representatives and the president  of the senate shall appoint a member of each caucus of the legislature to the advisory committee.

          The initial terms of the advisory committee members shall be staggered in a manner determined by the executive committee.  In the event of a vacancy on the advisory committee due to death, resignation, or removal of one of the advisory committee members, and upon the expiration of the term of any member, the executive committee shall appoint a successor from a list supplied by the family opportunity councils for a term expiring on the second  anniversary of the successor's date of the appointment, except that vacancies in a position appointed by a legislative officer shall be filled by that officer.  Advisory committee members may be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

          (4) If any one of the state offices on the executive committee is abolished, the resulting vacancy on the executive committee shall be filled by the state officer who shall succeed substantially to the power and duties of the abolished office.

          (5) The secretary of social and health services shall serve as chairperson of the executive committee.  The commissioner of the employment security department shall serve as vice-chairperson.  The executive committee shall appoint a secretary who need not be a member of the executive committee.

          (6) The secretary of the executive committee shall keep a record of the proceedings of the committee meetings.

          (7) Three members of the executive committee constitute a quorum.  The executive committee may act on the basis of motions.  Motions shall be adopted  upon the affirmative vote of a majority of a quorum of members present at any meeting of the executive committee.  A vacancy in the membership of the committee does not impair the power of the committee to act under this chapter.  However, in the case of a vacancy in one of the offices which constitutes the membership of the committee, the individual acting in the capacity of that officer shall also act as a member of the committee.

          (8) The executive committee shall consult with the advisory committee on significant matters before taking action on such matters.  Matters of significance include but are not limited to the nature and extent of contracts with private or nonprofit entities, decisions to modify incentive payments, and a right to review and comment upon the employment and child care plans and all reports submitted to the legislature, prior to their submission. The meetings of the executive committee are subject to chapter 42.30 RCW, the open public meetings act.  The advisory committee shall study approaches to allow children in poverty to grow up healthy with self-confidence and the ability to break the cycle of dependence that can result from inadequate nutrition, housing, and other basic needs.

 

        Sec. 34.  Section 3, chapter 95, Laws of 1987 and RCW 76.09.305 are each amended to read as follows:

          The forest practices board may, upon request of the department or at its own discretion, appoint an advisory committee consisting of not more than five members qualified by appropriate experience and training to review and comment upon such draft hazard reduction plans prepared by the department as the department submits for review.

          If an advisory committee is established, and within ninety days following distribution of a draft plan, the advisory committee shall prepare a written report on each hazard reduction plan submitted to it.  The report, which shall be kept on file by the department, shall address each of those elements described in RCW 76.09.300(2).

          Final authority for each plan is vested in the department, and advisory committee comments and decisions shall be advisory only.  The exercise by advisory committee members of their authority to review and comment shall not imply or create any liability on their part.  Advisory committee members ((shall be compensated as provided for in RCW 43.03.250 and)) shall receive reimbursement for travel expenses as provided by RCW 43.03.050 and 43.03.060.

 

        Sec. 35.  Section 5, chapter 243, Laws of 1985 as amended by section 54, chapter 506, Laws of 1987 and RCW 77.12.680 are each amended to read as follows:

          (1) There is created the migratory waterfowl art committee which shall be composed of nine members.

          (2)(a) The committee shall consist of one member appointed by the governor, six members appointed by the director, one member appointed by the chairman of the state arts commission, and one member appointed by the director of the department of agriculture.

          (b) The member appointed by the director of the department of agriculture shall represent state-wide farming interests.

          (c) The member appointed by the chairman of the state arts commission shall be knowledgeable in the area of fine art reproduction.

          (d) The members appointed by the governor and the director shall be knowledgeable about waterfowl and waterfowl management.  The six members appointed by the director shall represent, respectively:

          (i) An eastern Washington sports group;

          (ii) A western Washington sports group;

          (iii) A group with a major interest in the conservation and propagation of migratory waterfowl;

          (iv) A state-wide conservation organization;

          (v) A state-wide sports hunting group; and

          (vi) The general public.

         The members of the committee shall serve three-year staggered  terms and at the expiration of their term shall serve until qualified successors are appointed.  Of the nine members, three shall serve initial terms of four years, three shall serve initial terms of three years, and three shall serve initial terms of two years.  The appointees of the governor, the chairman of the state arts commission, and the director of agriculture shall serve the initial terms of four years.  Vacancies shall be filled for unexpired terms consistent with this section.  A chairman shall be elected annually by the committee.  The committee shall review the director's expenditures of the previous year of both the stamp money and the prints and related artwork money.  Members of the committee shall ((serve without compensation)) be compensated in accordance with RCW 43.03.240 and be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

 

        Sec. 36.  Section 4, chapter 146, Laws of 1951 as last amended by section 49, chapter 128, Laws of 1988 and RCW 78.52.020 are each amended to read as follows:

          (1) There is hereby created and established an oil and gas conservation committee, which shall consist of the commissioner of public lands, the director of ecology, four residents of the state of Washington appointed by the governor, and the state treasurer.

          (2) Three of the members appointed by the governor shall reside east of the Cascades.  The fourth member appointed by the governor shall reside west of the Cascades.

          (a) The members appointed by the governor shall serve subject to confirmation by the senate.

          (b) The members appointed by the governor shall serve four-year terms except for initial appointments, which shall be made as follows:  One member shall serve for one year, one member shall serve for two years, one member shall serve for three years, and one member shall serve for four years.  All subsequent appointments shall be for four years.  In the event of a vacancy the governor shall make an appointment, consistent with this section, for the duration of the vacated term.

          (3) The chairman and the executive secretary of the committee shall be elected by the members of the committee.

          (4) The members of the committee may act through designated agents or deputies for the purpose of carrying out the provisions of this chapter.

          (5) Members of the committee shall be compensated in accordance with RCW 43.03.240 and be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

 

        Sec. 37.  Section 17, chapter 286, Laws of 1971 ex. sess. as last amended by section 76, chapter 128, Laws of 1988 and RCW 90.58.170 are each amended to read as follows:

          A shorelines hearings board sitting as a quasi judicial body is hereby established within the environmental hearings office under RCW 43.21B.005.  The shorelines hearings board shall be made up of six members:  Three members shall be members of the pollution control hearings board; two members, one appointed by the association of Washington cities and one appointed by the association of county commissioners, both to serve at the pleasure of the associations; and the commissioner of public lands or his designee.  The chairman of the pollution control hearings board shall be the chairman of the shorelines hearings board.  A decision must be agreed to by at least four members of the board to be final.  The members of the shorelines appeals board shall ((receive the compensation, travel, and subsistence)) be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.