S-4166.1                   _______________________________________________

                                                     SENATE BILL 6308

                              _______________________________________________

State of Washington                              53rd Legislature                             1994 Regular Session

By Senators Quigley and Talmadge

Read first time 01/19/94.  Referred to Committee on Government Operations.

Abolishing the office of lieutenant governor.

          AN ACT Relating to abolishing the office of lieutenant governor; amending RCW 28B.07.030, 29.30.020, 29.80.030, 29.81.090, 41.60.015, 43.01.010, 43.03.010, 43.03.011, 43.03.020, 43.06.040, 43.33.010, 43.34.010, 43.43.858, 44.52.010, and 70.37.030; adding a new section to chapter 43.06 RCW; and providing for submission of this act to a vote of the people.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 43.06 RCW to read as follows:

          Effective January 15, 1997, the office of lieutenant governor is abolished, pursuant to Article III, section 25 of the state Constitution.  All legislative duties of the lieutenant governor shall be performed by a president of the senate to be selected by the senate from among their number.  The office of lieutenant governor shall not appear on the 1996 primary or general election ballots.

        Sec. 2.  RCW 28B.07.030 and 1985 c 370 s 48 are each amended to read as follows:

          (1) The Washington higher education facilities authority is hereby established as a public body corporate and politic, with perpetual corporate succession, constituting an agency of the state of Washington exercising essential governmental functions.  The authority is a "public body" within the meaning of RCW 39.53.010.

          (2) The authority shall consist of seven members as follows:  The governor, lieutenant governor or attorney general if the office of lieutenant governor has been abolished, executive director of the higher education coordinating board, and four public members, one of whom shall be the president of a higher education institution at the time of appointment.  The public members shall be residents of the state and appointed by the governor, subject to confirmation by the senate, on the basis of their interest or expertise in the provision of higher education and the financing of higher education.  The public members of the authority shall serve for terms of four years.  The initial terms of the public members shall be staggered in a manner determined by the governor.  In the event of a vacancy on the authority due to death, resignation, or removal of one of the public members, and upon the expiration of the term of any public member, the governor shall appoint a successor for a term expiring on the fourth anniversary of the successor's date of the appointment.  If any of the state offices are 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, wilful neglect of duty, or any other cause after notice and a public hearing, unless such notice and hearing shall be expressly waived in writing.

          (3) The governor shall serve as chairperson of the authority.  The authority shall elect annually one of its members as secretary.  If the governor shall be absent from a meeting of the authority, the secretary shall preside.  However, the governor may designate an employee of the governor's office to act on the governor's behalf in all other respects during the absence of the governor at any meeting of the authority.  If the designation is in writing and is presented to the person presiding at the meetings of the authority who is included in the designation, the vote of the designee has the same effect as if cast by the governor.

          (4) Any person designated by resolution of the authority shall keep a record of the proceedings of the authority and shall be the custodian of all books, documents, and papers filed with the authority, the minute book or a journal of the authority, and the authority's official seal, if any.  The person may cause copies to be made of all minutes and other records and documents of the authority, and may give certificates to the effect that such copies are true copies.  All persons dealing with the authority may rely upon the certificates.

          (5) Four members of the authority constitute a quorum.  The authority may act on the basis of a motion except when authorizing the issuance and sale of bonds, in which case the authority shall act by resolution.  Bond resolutions and other resolutions shall be adopted upon the affirmative vote of four members of the authority, and shall be signed by those members voting yes.  Motions shall be adopted upon the affirmative vote of a majority of a quorum of members present at any meeting of the authority.  All actions taken by the authority shall take effect immediately without need for publication or other public notice.  A vacancy in the membership of the authority does not impair the power of the authority to act under this chapter.

          (6) The members of the authority shall be compensated in accordance with RCW 43.03.240 and shall be entitled to reimbursement, solely from the funds of the authority, for travel expenses as determined by the authority incurred in the discharge of their duties under this chapter.

        Sec. 3.  RCW 29.30.020 and 1990 c 59 s 11 are each amended to read as follows:

          The positions or offices on a primary ballot shall be arranged in substantially the following order:  United States senator; United States representative; governor; ((lieutenant governor;)) secretary of state; state treasurer; state auditor; attorney general; commissioner of public lands; superintendent of public instruction; insurance commissioner; state senator; state representative; county officers; justices of the supreme court; judges of the court of appeals; judges of the superior court; and judges of the district court.  For all other jurisdictions on the primary ballot, the offices in each jurisdiction shall be grouped together and be in the order of the position numbers assigned to those offices, if any.

          The order of the positions or offices on an election ballot shall be substantially the same as on a primary ballot except that the offices of president and vice-president of the United States shall precede all other offices on a presidential election ballot.  State ballot issues shall be placed before all offices on an election ballot.  The positions on a ballot to be assigned to ballot measures regarding local units of government shall be established by the secretary of state by rule.

          The political party or independent candidacy of each candidate for partisan office shall be indicated next to the name of the candidate on the primary and election ballot.

        Sec. 4.  RCW 29.80.030 and 1979 ex.s. c 57 s 4 are each amended to read as follows:

          (1) The secretary of state shall reject any statement offered for filing, which, in his or her opinion, contains any obscene, profane, libelous or defamatory matter, or any language or matter, the circulation of which through the mails is prohibited by congress.  Nor shall any nominee submit a photograph showing the uniform or insignia of any organization which advocates or teaches racial or religious intolerance.

          (2) Within five days after such rejection the persons submitting such statement for filing may appeal to a board of review, consisting of the superintendent of public instruction, attorney general, and the lieutenant governor or the governor, if the office of lieutenant governor has been abolished.  The decision of such board shall be final upon the acceptance or rejection of the matter thus in controversy.

        Sec. 5.  RCW 29.81.090 and 1979 ex.s. c 57 s 5 are each amended to read as follows:

          If in the opinion of the secretary of state any argument offered for filing contains any obscene, vulgar, profane, scandalous, libelous, defamatory, or treasonable matter, or any language tending to provoke crime or a breach of the peace, or any language or matter the circulation of which through the mails is prohibited by any act of congress, the secretary of state shall refuse to file it:  PROVIDED, That the committee submitting such argument for filing may appeal to a board of censors consisting of the lieutenant governor or the governor, if the office of lieutenant governor has been abolished, the attorney general and the superintendent of public instruction, and the decision of a majority of such board shall be final.

        Sec. 6.  RCW 41.60.015 and 1993 c 467 s 2 are each amended to read as follows:

          (1) There is hereby created the productivity board.  The board shall administer the employee suggestion program and the teamwork incentive program under this chapter.

          (2) The board shall be composed of:

          (a) The secretary of state who shall act as chairperson;

          (b) The director of personnel appointed under the provisions of RCW 41.06.130 or the director's designee;

          (c) The director of financial management or the director's designee;

          (d) The personnel director appointed under the provisions of RCW 28B.16.060 or the director's designee;

          (e) The director of general administration or the director's designee;

          (f) Three persons with experience in administering incentives such as those used by industry, with the governor, lieutenant governor or attorney general if the office of lieutenant governor has been abolished, and speaker of the house of representatives each appointing one person.  The governor's appointee shall be a representative of an employee organization certified as an exclusive representative of at least one bargaining unit of classified employees, but no one organization may be represented for two consecutive terms;

          (g) One person representing state agencies and institutions with employees subject to chapter 41.06 RCW, and one person representing those subject to chapter 28B.16 RCW, both to be appointed by the governor; and

          (h) In addition, the governor and board chairperson may jointly appoint persons to the board on an ad hoc basis.  Ad hoc members shall serve in an advisory capacity and shall not have the right to vote.

          Members under subsection (2) (f) and (g) of this section shall be appointed to serve three-year terms.

          Members of the board appointed pursuant to subsection (2)(f) of this section may be compensated in accordance with RCW 43.03.240.  Any board member who is not a state employee may be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

        Sec. 7.  RCW 43.01.010 and 1965 c 8 s 43.01.010 are each amended to read as follows:

          The governor, ((lieutenant governor,)) secretary of state, treasurer, auditor, attorney general, superintendent of public instruction, commissioner of public lands, and insurance commissioner, shall hold office for the term of four years, and until their successors are elected and qualified; and the term shall commence on the Wednesday after the second Monday of January following their election.

        Sec. 8.  RCW 43.03.010 and 1989 c 10 s 8 are each amended to read as follows:

          The annual salaries of the following named state elected officials shall be prescribed by the Washington citizens' commission on salaries for elected officials:  Governor; lieutenant governor unless the office of lieutenant governor has been abolished:  PROVIDED, That in arriving at the annual salary of the lieutenant governor or attorney general if the office of lieutenant governor has been abolished the commission shall prescribe a fixed amount plus a sum equal to 1/260th of the difference between the annual salary of the lieutenant governor or attorney general if the office of lieutenant governor has been abolished and the annual salary of the governor for each day that the lieutenant governor or attorney general if the office of lieutenant governor has been abolished is called upon to perform the duties of the governor by reason of the absence from the state, removal, resignation, death, or disability of the governor; secretary of state; state treasurer; state auditor; attorney general; superintendent of public instruction; commissioner of public lands; and state insurance commissioner.  Members of the legislature shall receive for their service per annum the amount prescribed by the Washington citizens' commission on salaries for elected officials; and in addition, reimbursement for mileage for travel to and from legislative sessions as provided in RCW 43.03.060.

        Sec. 9.  RCW 43.03.011 and 1993 sp.s. c 26 s 1 are each amended to read as follows:

          Pursuant to Article XXVIII, section 1 of the state Constitution and RCW 43.03.010 and 43.03.310, the annual salaries of the state elected officials of the executive branch shall be as follows:

          (1) Effective September 3, 1992:

          (a) Governor....................................................................................................................................................................... $ 121,000

          (b) Lieutenant governor.................................................................................................................................................... $  62,700

          (c) Secretary of state.......................................................................................................................................................... $  64,300

          (d) Treasurer....................................................................................................................................................................... $  79,500

          (e) Auditor.......................................................................................................................................................................... $  84,100

          (f) Attorney general........................................................................................................................................................... $  92,000

          (g) Superintendent of public instruction........................................................................................................................ $  86,600

          (h) Commissioner of public lands................................................................................................................................... $  86,600

          (i) Insurance commissioner.............................................................................................................................................. $  77,200

          (2) Effective September 1, 1993:

          (a) Governor....................................................................................................................................................................... $ 121,000

          (b) Lieutenant governor.................................................................................................................................................... $  62,700

          (c) Secretary of state.......................................................................................................................................................... $  64,300

          (d) Treasurer....................................................................................................................................................................... $  79,500

          (e) Auditor.......................................................................................................................................................................... $  84,100

          (f) Attorney general........................................................................................................................................................... $  92,000

          (g) Superintendent of public instruction........................................................................................................................ $  86,600

          (h) Commissioner of public lands................................................................................................................................... $  86,600

          (i) Insurance commissioner.............................................................................................................................................. $  77,200

          (3) The lieutenant governor or attorney general if the office of lieutenant governor has been abolished shall receive the fixed amount of his or her salary plus 1/260th of the difference between his or her salary and that of the governor for each day that the lieutenant governor or attorney general if the office of lieutenant governor has been abolished is called upon to perform the duties of the governor by reason of the absence from the state, removal, resignation, death, or disability of the governor.

        Sec. 10.  RCW 43.03.020 and 1965 c 8 s 43.03.020 are each amended to read as follows:

          Whenever by reason of the absence from the state or the disability of the governor, the lieutenant governor or attorney general if the office of lieutenant governor has been abolished is called upon temporarily to perform the duties of the office of governor, he or she shall be paid upon his or her personal voucher therefor the sum of ten dollars per day for expenses.

        Sec. 11.  RCW 43.06.040 and 1965 c 8 s 43.06.040 are each amended to read as follows:

          If the governor absents himself or herself from the state, he or she shall, prior to his or her departure, notify the lieutenant governor or attorney general if the office of lieutenant governor has been abolished of his or her proposed absence, and during such absence the lieutenant governor or attorney general if the office of lieutenant governor has been abolished shall perform all the duties of the governor.

        Sec. 12.  RCW 43.33.010 and 1965 c 8 s 43.33.010 are each amended to read as follows:

          The state treasurer, the lieutenant governor or attorney general if the office of lieutenant governor has been abolished, and the governor, ex officio, shall constitute the state finance committee.

        Sec. 13.  RCW 43.34.010 and 1979 ex.s. c 57 s 10 are each amended to read as follows:

          The governor or the governor's designee, the lieutenant governor or attorney general if the office of lieutenant governor has been abolished, and the commissioner of public lands, ex officio, shall constitute the state capitol committee.

        Sec. 14.  RCW 43.43.858 and 1987 c 65 s 1 are each amended to read as follows:

          There is hereby created the organized crime advisory board of the state of Washington.  The board shall consist of thirteen voting and two nonvoting members.

          The lieutenant governor or the president of the senate if the office of lieutenant governor has been abolished shall appoint four members of the senate to the board, no more than two of whom shall be from the same political party.

          The governor shall appoint five members to the board.  Two members shall be county prosecuting attorneys and shall be appointed from a list of four county prosecutors agreed upon and submitted to the governor by the elected county prosecutors.  One member shall be a municipal police chief, and one member shall be a county sheriff, both of whom shall be appointed from a list of three police chiefs and three sheriffs agreed upon and submitted to the governor by the association of sheriffs and police chiefs (RCW 36.28A.010).  One member shall be a retired judge of a court of record.

          The United States attorneys for the western and eastern districts of Washington shall be requested to serve on the board as nonvoting members and shall not be eligible to serve as chairperson.

          The speaker of the house shall appoint four members of the house of representatives to the board, no more than two of whom shall be from the same political party.

          The members of the board shall be qualified on the basis of knowledge and experience in matters relating to crime prevention and security or with such other abilities as may be expected to contribute to the effective performance of the board's duties.  The members of the board shall meet with the chief of the Washington state patrol at least four times a year to perform the duties enumerated in RCW 43.43.862 and to discuss any other matters related to organized crime.  Additional meetings of the board may be convened at the call of the chairperson or by a majority of the members.  The board shall elect its own chairperson from among its members.  Legislative members shall receive reimbursement for travel expenses incurred in the performance of their duties in accordance with RCW 44.04.120 ((as now existing or hereafter amended)), and the other members in accordance with RCW 43.03.050 and 43.03.060((, as now existing or hereafter amended)).

        Sec. 15.  RCW 44.52.010 and 1985 c 467 s 17 are each amended to read as follows:

          (1) Economic development and in particular international trade, tourism, and investment have become increasingly important to Washington, affecting the state's employment, revenues, and general economic well-being.  Additionally, economic trends are rapidly changing and the international marketplace has become increasingly competitive as states and countries seek to improve and safeguard their own economic well-being.  The purpose of the legislative committee on economic development is to provide responsive and consistent involvement by the legislature in economic development to maintain a healthy state economy and to provide employment opportunities to Washington residents.

          (2) There is created a legislative committee on economic development which shall consist of six senators and six representatives from the legislature and the lieutenant governor or attorney general if the office of lieutenant governor has been abolished who shall serve as chairperson.  The senate members of the committee shall be appointed by the president of the senate and the house members of the committee shall be appointed by the speaker of the house.  Not more than three members from each house shall be from the same political party.  A list of appointees shall be submitted before the close of each regular legislative session during an odd-numbered year or any successive special session convened by the governor or the legislature prior to the close of such regular session or successive special session(s) for confirmation of senate members, by the senate, and house members, by the house.  Vacancies occurring shall be filled by the appointing authority.

        Sec. 16.  RCW 70.37.030 and 1989 1st ex.s. c 9 s 261 are each amended to read as follows:

          There is hereby established a public body corporate and politic, with perpetual corporate succession, to be known as the Washington health care facilities authority.  The authority shall constitute a political subdivision of the state established as an instrumentality exercising essential governmental functions.  The authority is a "public body" within the meaning of RCW 39.53.010((, as now or hereafter amended)).  The authority shall consist of the governor who shall serve as chairman, the lieutenant governor or attorney general if the office of lieutenant governor has been abolished, the insurance commissioner, the secretary of health, and one member of the public who shall be appointed by the governor, subject to confirmation by the senate, on the basis of the member's interest or expertise in health care delivery, for a term expiring on the fourth anniversary of the date of appointment.  In the event that any of the offices referred to shall be abolished the resulting vacancy on the authority shall be filled by the officer who shall succeed substantially to the powers and duties thereof.  The members of the authority shall be compensated in accordance with RCW 43.03.240 and shall be entitled to reimbursement, solely from the funds of the authority, for travel expenses incurred in the discharge of their duties under this chapter, subject to the provisions of RCW 43.03.050 and 43.03.060.  A majority shall constitute a quorum.

          The governor may designate an employee of the governor's office to act on behalf of the governor during the absence of the governor at one or more of the meetings of the authority.  The vote of the designee shall have the same effect as if cast by the governor if the designation is in writing and is presented to the person presiding at the meetings included within the designation.

          The governor may designate a member to preside during the governor's absence.

NEW SECTION. Sec. 17.  This act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof.

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