BILL REQ. #:  H-4431.3 

Read first time 01/18/08.   Referred to Committee on Local Government.

     AN ACT Relating to port district commissioners; amending RCW 53.12.260 and 53.12.270; and adding a new section to chapter 53.12 RCW.

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

Sec. 1   RCW 53.12.260 and 2007 c 469 s 3 are each amended to read as follows:
     (1) Each commissioner of a port district shall receive ninety dollars per day or portion thereof spent (a) in actual attendance at official meetings of the port district commission, or (b) in performance of other official services or duties on behalf of the district. The total per diem compensation of a port commissioner shall not exceed eight thousand six hundred forty dollars in a year, or ten thousand eight hundred dollars in any year for a port district with gross operating income of twenty-five million or more in the preceding calendar year. This subsection does not apply to port districts subject to subsection (7) of this section.
     (2) Except as required by subsection (7) of this section, port commissioners shall receive additional compensation as follows: (a) Each commissioner of a port district with gross operating revenues of twenty-five million dollars or more in the preceding calendar year shall receive a salary of five hundred dollars per month; and (b) each commissioner of a port district with gross operating revenues of from one million dollars to less than twenty-five million dollars in the preceding calendar year shall receive a salary of two hundred dollars per month.
     (3) Except as required by subsection (7) of this section, in lieu of the compensation specified in this section, a port commission may set compensation to be paid to commissioners.
     (4) For any commissioner who has not elected to become a member of public employees retirement system before May 1, 1975, the compensation provided pursuant to this section shall not be considered salary for purposes of the provisions of any retirement system created pursuant to the general laws of this state nor shall attendance at such meetings or other service on behalf of the district constitute service as defined in RCW 41.40.010(9): PROVIDED, That in the case of a port district when commissioners are receiving compensation and contributing to the public employees retirement system, these benefits shall continue in full force and effect notwithstanding the provisions of RCW 53.12.260 and 53.12.265.
     (5) The dollar thresholds established in subsections (1) and (2) of this section must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2008, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year's annual average consumer price index, for Washington state, for wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. If the bureau of labor and statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used for the adjustments for inflation in this section. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect.
     (6) A person holding office as commissioner for two or more special purpose districts shall receive only that per diem compensation authorized for one of his or her commissioner positions as compensation for attending an official meeting or conducting official services or duties while representing more than one of his or her districts. However, such commissioner may receive additional per diem compensation if approved by resolution of all boards of the affected commissions.
     (7) Each commissioner of a port district in a county with one million or more residents must serve in a full-time employment capacity and must be compensated for the performance of his or her official services and duties at an amount equaling the salary paid to members of the county legislative authority of the county in which the port is located.

Sec. 2   RCW 53.12.270 and 1975 1st ex.s. c 12 s 1 are each amended to read as follows:
     (1) The commission may delegate to the managing official of a port district such administerial powers and duties of the commission as it may deem proper for the efficient and proper management of port district operations. Any such delegation shall be authorized by appropriate resolution of the commission, which resolution must also establish guidelines and procedures for the managing official to follow.
     (2) Nothing in this section allows the managing official or employees of a port district to waive policies related to competition in the procurement of goods and services without receiving prior approval, by resolution, from the commission.
     (3) Nothing in this section allows the managing official of a port district to supervise or otherwise direct administrative staff and confidential assistants hired under section 3 of this act.

NEW SECTION.  Sec. 3   A new section is added to chapter 53.12 RCW to read as follows:
     Each commissioner of a port district in a county with one million or more residents must have at least one full-time administrative staff member and one full-time confidential assistant. Administrative staff and confidential assistants hired under this section: (1) Must assist the commissioner in the performance of his or her official services and duties; (2) must be subject to terms of employment established in accordance with RCW 53.08.170; and (3) may not be supervised or otherwise directed by the managing official of the port.
     Administrative staff hired under this section must have experience in fiscal analysis.