BILL REQ. #: S-1012.1
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/29/2007. Referred to Committee on Government Operations & Elections.
AN ACT Relating to requiring senate confirmation of certain commission and department appointments; and amending RCW 9.46.040, 9.94A.880, 18.64.001, 18.85.071, 28A.410.200, 28B.07.030, 28B.20.100, 28B.30.100, 28B.35.100, 28B.40.100, 28B.65.040, 28C.18.020, 36.102.030, 38.12.010, 39.19.030, 41.05.021, 41.06.110, 41.58.010, 42.17.350, 43.06.092, 43.06A.020, 43.17.020, 43.21B.020, 43.41.060, 43.43.020, 43.78.010, 43.97.025, 43.105.047, 43.180.040, 43.210.030, 47.01.051, 47.64.280, 49.60.050, 50.08.010, 51.52.010, 66.08.012, 67.16.012, 67.70.030, 67.70.050, 72.23.025, 72.41.020, 72.42.021, 74.18.040, 76.09.210, 77.04.030, 77.75.040, 77.85.110, 79A.05.015, 82.03.020, 88.16.010, 9.95.003, 28B.50.050, 28B.50.100, 43.33A.020, 43.52.374, 43.52A.030, 43.105.800, 49.04.010, and 80.01.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.46.040 and 1974 ex.s. c 155 s 12 are each amended to
read as follows:
There shall be a commission, known as the "Washington state
gambling commission", consisting of five members appointed by the
governor ((with the consent of the senate)). The members of the
commission shall be appointed within thirty days of July 16, 1973 for
terms beginning July 1, 1973, and expiring as follows: One member of
the commission for a term expiring July 1, 1975; one member of the
commission for a term expiring July 1, 1976; one member of the
commission for a term expiring July 1, 1977; one member of the
commission for a term expiring July 1, 1978; and one member of the
commission for a term expiring July 1, 1979; each as the governor so
determines. Their successors, all of whom shall be citizen members
appointed by the governor ((with the consent of the senate)), upon
being appointed and qualified, shall serve six year terms: PROVIDED,
That no member of the commission who has served a full six year term
shall be eligible for reappointment. In case of a vacancy, it shall be
filled by appointment by the governor for the unexpired portion of the
term in which said vacancy occurs. No vacancy in the membership of the
commission shall impair the right of the remaining member or members to
act, except as in RCW 9.46.050(2) provided.
Gubernatorial appointments made under this section are subject to
the advice and consent of the senate.
In addition to the members of the commission there shall be four ex
officio members without vote from the legislature consisting of: (1)
Two members of the senate, one from the majority political party and
one from the minority political party, both to be appointed by the
president of the senate; (2) two members of the house of
representatives, one from the majority political party and one from the
minority political party, both to be appointed by the speaker of the
house of representatives; such appointments shall be for the term of
two years or for the period in which the appointee serves as a
legislator, whichever expires first; members may be reappointed;
vacancies shall be filled in the same manner as original appointments
are made. Such ex officio members who shall collect data deemed
essential to future legislative proposals and exchange information with
the board shall be deemed engaged in legislative business while in
attendance upon the business of the board and shall be limited to such
allowances therefor as otherwise provided in RCW 44.04.120, the same to
be paid from the "gambling revolving fund" as being expenses relative
to commission business.
Sec. 2 RCW 9.94A.880 and 1981 c 137 s 25 are each amended to read
as follows:
(1) The clemency and pardons board is established as a board within
the office of the governor. The board consists of five members
appointed by the governor((, subject to confirmation by the senate)).
(2) Members of the board shall serve terms of four years and until
their successors are appointed and confirmed. However, the governor
shall stagger the terms by appointing one of the initial members for
a term of one year, one for a term of two years, one for a term of
three years, and two for terms of four years.
(3) The board shall elect a chairman from among its members and
shall adopt bylaws governing the operation of the board.
(4) Members of the board shall receive no compensation but shall be
reimbursed for travel expenses as provided in RCW 43.03.050 and
43.03.060 as now existing or hereafter amended.
(5) The attorney general shall provide a staff as needed for the
operation of the board.
(6) Appointments made under this section are subject to the advice
and consent of the senate.
Sec. 3 RCW 18.64.001 and 1984 c 153 s 1 are each amended to read
as follows:
There shall be a state board of pharmacy consisting of seven
members, to be appointed by the governor ((by and with the advice and
consent of the senate)). Five of the members shall be designated as
pharmacist members and two of the members shall be designated a public
member.
Each pharmacist member shall be a citizen of the United States and
a resident of this state, and at the time of his appointment shall have
been a duly registered pharmacist under the laws of this state for a
period of at least five consecutive years immediately preceding his
appointment and shall at all times during his incumbency continue to be
a duly licensed pharmacist: PROVIDED, That subject to the availability
of qualified candidates the governor shall appoint pharmacist members
representative of the areas of practice and geographically
representative of the state of Washington.
The public member shall be a citizen of the United States and a
resident of this state. The public member shall be appointed from the
public at large, but shall not be affiliated with any aspect of
pharmacy.
Members of the board shall hold office for a term of four years,
and the terms shall be staggered so that the terms of office of not
more than two members will expire simultaneously on the third Monday in
January of each year.
No person who has been appointed to and served for two four year
terms shall be eligible for appointment to the board.
Each member shall qualify by taking the usual oath of a state
officer, which shall be filed with the secretary of state, and each
member shall hold office for the term of his appointment and until his
successor is appointed and qualified.
In case of the resignation or disqualification of a member, or a
vacancy occurring from any cause, the governor shall appoint a
successor for the unexpired term.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 4 RCW 18.85.071 and 1972 ex.s. c 139 s 6 are each amended to
read as follows:
There is established the real estate commission of the state of
Washington, consisting of the director of the commission and six
commission members who shall act in an advisory capacity to the
director.
The six commission members shall be appointed by the governor in
the following manner: For a term of six years each, with the exception
of the first appointees, who shall be appointed one for a term of one
year, one for a term of two years, one for a term of three years, one
for a term of four years, one for a term of five years, and one for a
term of six years, with all other subsequent appointees to be appointed
for a six year term. At least two of the commission members shall be
selected from the area in the state west of the Cascade mountain range
and at least two shall be selected from that area of the state east of
the Cascade mountain range. No commission member shall be appointed
who has had less than five years experience in the sale, operation, or
management of real estate in this state, or has had at least three
years experience in investigative work of a similar nature, preferably
in connection with the administration of real estate license law of
this state or elsewhere. Any vacancies on the commission shall be
filled by appointment by the governor for the unexpired term.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 5 RCW 28A.410.200 and 2005 c 497 s 202 are each amended to
read as follows:
(1)(a) The Washington professional educator standards board is
created, consisting of twenty members to be appointed by the governor
to four-year terms and the superintendent of public instruction.
(b) As the four-year terms of the first appointees expire or
vacancies to the board occur for the first time, the governor shall
appoint or reappoint the members of the board to one-year to four-year
staggered terms. Once the one-year to three-year terms expire, all
subsequent terms shall be for four years, with the terms expiring on
June 30th of the applicable year. The terms shall be staggered in such
a way that, where possible, the terms of members representing a
specific group do not expire simultaneously.
(c) No person may serve as a member of the board for more than two
consecutive full four-year terms.
(d) The governor shall annually appoint the chair of the board from
among the teachers and principals on the board. No board member may
serve as chair for more than two consecutive years.
(2) Seven of the members shall be public school teachers, one shall
be a private school teacher, three shall represent higher education
educator preparation programs, four shall be school administrators, two
shall be educational staff associates, one shall be a classified
employee who assists in public school student instruction, one shall be
a parent, and one shall be a member of the public.
(3) Public school teachers appointed to the board must:
(a) Have at least three years of teaching experience in a
Washington public school;
(b) Be currently certificated and actively employed in a teaching
position; and
(c) Include one teacher currently teaching at the elementary school
level, one at the middle school level, one at the high school level,
and one vocationally certificated.
(4) Private school teachers appointed to the board must:
(a) Have at least three years of teaching experience in a
Washington approved private school; and
(b) Be currently certificated and actively employed in a teaching
position in an approved private school.
(5) Appointees from higher education educator preparation programs
must include two representatives from institutions of higher education
as defined in RCW 28B.10.016 and one representative from an institution
of higher education as defined in RCW 28B.07.020(4).
(6) School administrators appointed to the board must:
(a) Have at least three years of administrative experience in a
Washington public school district;
(b) Be currently certificated and actively employed in a school
administrator position; and
(c) Include two public school principals, one Washington approved
private school principal, and one superintendent.
(7) Educational staff associates appointed to the board must:
(a) Have at least three years of educational staff associate
experience in a Washington public school district; and
(b) Be currently certificated and actively employed in an
educational staff associate position.
(8) Public school classified employees appointed to the board must:
(a) Have at least three years of experience in assisting in the
instruction of students in a Washington public school; and
(b) Be currently employed in a position that requires the employee
to assist in the instruction of students.
(9) Each major caucus of the house of representatives and the
senate shall submit a list of at least one public school teacher. In
making the public school teacher appointments, the governor shall
select one nominee from each list provided by each caucus. The
governor shall appoint the remaining members of the board from a list
of qualified nominees submitted to the governor by organizations
representative of the constituencies of the board, from applications
from other qualified individuals, or from both nominees and applicants.
(10) ((All appointments to the board made by the governor shall be
subject to confirmation by the senate)) Appointments made under this
section are subject to the advice and consent of the senate.
(11) The governor shall appoint the members of the initial board no
later than June 1, 2000.
(12) In appointing board members, the governor shall consider the
diversity of the population of the state.
(13) Each member of the board shall be compensated in accordance
with RCW 43.03.240 and shall be reimbursed for travel expenses incurred
in carrying out the duties of the board in accordance with RCW
43.03.050 and 43.03.060.
(14) The governor may remove a member of the board for neglect of
duty, misconduct, malfeasance or misfeasance in office, or for
incompetency or unprofessional conduct as defined in chapter 18.130
RCW. In such a case, the governor shall file with the secretary of
state a statement of the causes for and the order of removal from
office, and the secretary of state shall send a certified copy of the
statement of causes and order of removal to the last known post office
address of the member.
(15) If a vacancy occurs on the board, the governor shall appoint
a replacement member from the nominees as specified in subsection (9)
of this section to fill the remainder of the unexpired term. When
filling a vacancy of a member nominated by a major caucus of the
legislature, the governor shall select the new member from a list of at
least one name submitted by the same caucus that provided the list from
which the retiring member was appointed.
(16) Members of the board shall hire an executive director and an
administrative assistant to reside in the office of the superintendent
of public instruction for administrative purposes only.
Sec. 6 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, 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. Gubernatorial
appointments made under this section are subject to the advice and
consent of the senate. 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, willful 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. 7 RCW 28B.20.100 and 2006 c 78 s 1 are each amended to read
as follows:
(1) The governance of the University of Washington shall be vested
in a board of regents to consist of ten members, one of whom shall be
a student. The governor shall select the student member from a list of
candidates, of at least three and not more than five, submitted by the
governing body of the associated students. They shall be appointed by
the governor ((with the consent of the senate,)) and, except for the
student member, shall hold their offices for a term of six years from
the first day of October and until their successors shall be appointed
and qualified. The student member shall hold his or her office for a
term of one year from the first day of July until the first day of July
of the following year or until his or her successor is appointed and
qualified, whichever is later. The student member shall be a full-time
student in good standing at the university at the time of appointment.
(2) Six members of said board shall constitute a quorum for the
transaction of business. In the case of a vacancy, or when an
appointment is made after the date of the expiration of a term, the
governor shall fill the vacancy for the remainder of the term of the
regent whose office has become vacant or expired.
(3) Except for the term of the student member, no more than the
terms of two members will expire simultaneously on the last day of
September in any one year.
(4) A student appointed under this section shall excuse himself or
herself from participation or voting on matters relating to the hiring,
discipline, or tenure of faculty members and personnel.
(5) Appointments made under this section are subject to the advice
and consent of the senate.
Sec. 8 RCW 28B.30.100 and 2006 c 78 s 2 are each amended to read
as follows:
(1) The governance of Washington State University shall be vested
in a board of regents to consist of ten members one of whom shall be a
student. The governor shall select the student member from a list of
candidates, of at least three and not more than five, submitted by the
governing body of the associated students. They shall be appointed by
the governor((, by and with the consent of the senate)) and, except for
the student member, shall hold their offices for a term of six years
from the first day of October and until their successors are appointed
and qualified. The student member shall hold his or her office for a
term of one year from the first day of July until the first day of July
of the following year or until his or her successor is appointed and
qualified, whichever is later. The student member shall be a full-time
student in good standing at the university at the time of appointment.
(2) Six members of said board shall constitute a quorum for the
transaction of business. In the case of a vacancy or when an
appointment is made after the date of the expiration of a term, the
governor shall fill the vacancy for the remainder of the term of the
regent whose office has become vacant or expired.
(3) Except for the term of the student member, no more than the
terms of two members will expire simultaneously on the last day of
September in any one year.
(4) Each regent shall, before entering upon the discharge of his
respective duties as such, execute a good and sufficient bond to the
state of Washington, with two or more sufficient sureties, residents of
the state, or with a surety company licensed to do business within the
state, in the penal sum of not less than five thousand dollars,
conditioned for the faithful performance of his duties as such regent:
PROVIDED, That the university shall pay any fees incurred for any such
bonds for their board members.
(5) A student appointed under this section shall excuse himself or
herself from participation or voting on matters relating to the hiring,
discipline, or tenure of faculty members and personnel.
(6) Appointments made under this section are subject to the advice
and consent of the senate.
Sec. 9 RCW 28B.35.100 and 2006 c 78 s 3 are each amended to read
as follows:
(1) The governance of each of the regional universities shall be
vested in a board of trustees consisting of eight members, one of whom
shall be a student. The governor shall select the student member from
a list of candidates, of at least three and not more than five,
submitted by the governing body of the associated students. They shall
be appointed by the governor ((with the consent of the senate)) and,
except for the student member, shall hold their offices for a term of
six years from the first day of October and until their successors are
appointed and qualified. The student member shall hold his or her
office for a term of one year from the first day of July and until the
first day of July of the following year or until his or her successor
is appointed and qualified, whichever is later. The student member
shall be a full-time student in good standing at the respective
university at the time of appointment.
(2) Five members of the board constitute a quorum for the
transaction of business. In case of a vacancy, or when an appointment
is made after the date of expiration of the term, the governor shall
fill the vacancy for the remainder of the term of the trustee whose
office has become vacant or expired.
(3) Except for the term of the student member, no more than the
terms of two members will expire simultaneously on the last day of
September in any one year.
(4) A student appointed under this section shall excuse himself or
herself from participation or voting on matters relating to the hiring,
discipline, or tenure of faculty members and personnel.
(5) Appointments made under this section are subject to the advice
and consent of the senate.
Sec. 10 RCW 28B.40.100 and 2006 c 78 s 4 are each amended to read
as follows:
(1) The governance of The Evergreen State College shall be vested
in a board of trustees consisting of eight members, one of whom shall
be a student. The governor shall select the student member from a list
of candidates, of at least three and not more than five, submitted by
the student body. They shall be appointed by the governor ((with the
consent of the senate)) and, except for the student member, shall hold
their offices for a term of six years from the first day of October and
until their successors are appointed and qualified. The student member
shall hold his or her office for a term of one year from the first day
of July and until the first day of July of the following year or until
his or her successor is appointed and qualified, whichever is later.
The student member shall be a full-time student in good standing at the
college at the time of appointment.
(2) Five members of the board constitute a quorum for the
transaction of business. In case of a vacancy, or when an appointment
is made after the date of expiration of the term, the governor shall
fill the vacancy for the remainder of the term of the trustee whose
office has become vacant or expired.
(3) Except for the term of the student member, no more than the
terms of two members will expire simultaneously on the last day of
September in any one year.
(4) A student appointed under this section shall excuse himself or
herself from participation or voting on matters relating to the hiring,
discipline, or tenure of faculty members and personnel.
(5) Appointments made under this section are subject to the advice
and consent of the senate.
Sec. 11 RCW 28B.65.040 and 1995 c 399 s 29 are each amended to
read as follows:
(1) The Washington high-technology coordinating board is hereby
created.
(2) The board shall be composed of eighteen members as follows:
(a) Eleven shall be citizen members appointed by the governor((,
with the consent of the senate,)) for four-year terms. In making the
appointments the governor shall ensure that a balanced geographic
representation of the state is achieved and shall attempt to choose
persons experienced in high-technology fields, including at least one
representative of labor. Any person appointed to fill a vacancy
occurring before a term expires shall be appointed only for the
remainder of that term; and
(b) Seven of the members shall be as follows: One representative
from each of the state's two research universities, one representative
of the state college and regional universities, the director for the
state system of community and technical colleges or the director's
designee, the superintendent of public instruction or the
superintendent's designee, a representative of the higher education
coordinating board, and the director of the department of community,
trade, and economic development or the director's designee.
(3) Members of the board shall not receive any salary for their
services, but shall be reimbursed for travel expenses under RCW
43.03.050 and 43.03.060 for each day actually spent in attending to
duties as a member of the board.
(4) A citizen member of the board shall not be, during the term of
office, a member of the governing board of any public or private
educational institution, or an employee of any state or local agency.
(5) Appointments made under this section are subject to the advice
and consent of the senate.
Sec. 12 RCW 28C.18.020 and 1991 c 238 s 3 are each amended to
read as follows:
(1) There is hereby created the work force training and education
coordinating board as a state agency and as the successor agency to the
state board for vocational education. Once the coordinating board has
convened, all references to the state board for vocational education in
the Revised Code of Washington shall be construed to mean the work
force training and education coordinating board, except that reference
to the state board for vocational education in RCW 49.04.030 shall mean
the state board for community and technical colleges.
(2)(a) The board shall consist of nine voting members appointed by
the governor ((with the consent of the senate,)) as follows: Three
representatives of business, three representatives of labor, and,
serving as ex officio members, the superintendent of public
instruction, the executive director of the state board for community
and technical colleges, and the commissioner of the employment security
department. The chair of the board shall be a nonvoting member
selected by the governor with the consent of the senate, and shall
serve at the pleasure of the governor. In selecting the chair, the
governor shall seek a person who understands the future economic needs
of the state and nation and the role that the state's training system
has in meeting those needs. Each voting member of the board may
appoint a designee to function in his or her place with the right to
vote. In making appointments to the board, the governor shall seek to
ensure geographic, ethnic, and gender diversity and balance. The
governor shall also seek to ensure diversity and balance by the
appointment of persons with disabilities.
(b) The business representatives shall be selected from among
nominations provided by a statewide business organization representing
a cross-section of industries. However, the governor may request, and
the organization shall provide, an additional list or lists from which
the governor shall select the business representatives. The
nominations and selections shall reflect the cultural diversity of the
state, including women, people with disabilities, and racial and ethnic
minorities, and diversity in sizes of businesses.
(c) The labor representatives shall be selected from among
nominations provided by statewide labor organizations. However, the
governor may request, and the organizations shall provide, an
additional list or lists from which the governor shall select the labor
representatives. The nominations and selections shall reflect the
cultural diversity of the state, including women, people with
disabilities, and racial and ethnic minorities.
(d) Each business member may cast a proxy vote or votes for any
business member who is not present and who authorizes in writing the
present member to cast such vote.
(e) Each labor member may cast a proxy vote for any labor member
who is not present and who authorizes in writing the present member to
cast such vote.
(f) The chair shall appoint to the board one nonvoting member to
represent racial and ethnic minorities, women, and people with
disabilities. The nonvoting member appointed by the chair shall serve
for a term of four years with the term expiring on June 30th of the
fourth year of the term.
(g) The business members of the board shall serve for terms of four
years, the terms expiring on June 30th of the fourth year of the term
except that in the case of initial members, one shall be appointed to
a two-year term and one appointed to a three-year term.
(h) The labor members of the board shall serve for terms of four
years, the terms expiring on June 30th of the fourth year of the term
except that in the case of initial members, one shall be appointed to
a two-year term and one appointed to a three-year term.
(i) Any vacancies among board members representing business or
labor shall be filled by the governor with nominations provided by
statewide organizations representing business or labor, respectively.
(j) The board shall adopt bylaws and shall meet at least bimonthly
and at such other times as determined by the chair who shall give
reasonable prior notice to the members or at the request of a majority
of the voting members.
(k) Members of the board shall be compensated in accordance with
RCW 43.03.040 and shall receive travel expenses in accordance with RCW
43.03.050 and 43.03.060.
(l) The board shall be formed and ready to assume its
responsibilities under this chapter by October 1, 1991.
(m) The director of the board shall be appointed by the governor
from a list of three names submitted by a committee made up of the
business and labor members of the board. However, the governor may
request, and the committee shall provide, an additional list or lists
from which the governor shall select the director. The lists compiled
by the committee shall not be subject to public disclosure. The
governor may dismiss the director only with the approval of a majority
vote of the board. The board, by a majority vote, may dismiss the
director with the approval of the governor.
(n) Appointments made under this section are subject to the advice
and consent of the senate.
(3) The state board for vocational education is hereby abolished
and its powers, duties, and functions are hereby transferred to the
work force training and education coordinating board. All references
to the director or the state board for vocational education in the
Revised Code of Washington shall be construed to mean the director or
the work force training and education coordinating board.
Sec. 13 RCW 36.102.030 and 1997 c 220 s 103 are each amended to
read as follows:
(1) A public stadium authority shall be governed by a board of
directors consisting of seven members appointed by the governor. The
speaker of the house of representatives, the minority leader of the
house of representatives, the majority leader of the senate, and the
minority leader of the senate shall each recommend to the governor a
person to be appointed to the board.
(2) Members of the board of directors shall serve four-year terms
of office, except that three of the initial seven board members shall
serve two-year terms of office. The governor shall designate the
initial terms of office for the initial members who are appointed.
(3) A vacancy shall be filled in the same manner as the original
appointment was made and the person appointed to fill a vacancy shall
serve for the remainder of the unexpired term of the office for the
position to which he or she was appointed.
(4) A director appointed by the governor may be removed from office
by the governor.
(5) Appointments made under this section are subject to the advice
and consent of the senate.
Sec. 14 RCW 38.12.010 and 1989 c 19 s 11 are each amended to read
as follows:
The governor((, with the advice and consent of the senate,)) shall
appoint an adjutant general who shall be chief of staff to the
governor, and may be removed by the governor at will. The adjutant
general shall appoint the civilian employees and other personnel of the
department and may remove any of them in accordance with applicable
law.
The expenses of the adjutant general's department, necessary to the
military service, shall be audited, allowed, and paid as other military
expenditures.
The adjutant general must execute an official bond running to the
state in the penal sum of twenty thousand dollars conditioned for the
faithful performance of his or her duties. The bond shall be submitted
to the attorney general for approval, and when approved shall be filed
in the office of the secretary of state. The cost of the bond shall be
paid by the state.
The adjutant general may obtain and pay for, from funds
appropriated for military purposes, a surety bond or bonds running to
the state covering such officers of the organized militia responsible
to the state for money or military property, as may be advisable to
insure proper accountability. The bond or bonds shall be approved and
filed in the same manner as the adjutant general's bond.
Gubernatorial appointments made under this section are subject to
the advice and consent of the senate.
Sec. 15 RCW 39.19.030 and 1996 c 69 s 5 are each amended to read
as follows:
There is hereby created the office of minority and women's business
enterprises. The governor shall appoint a director for the office((,
subject to confirmation by the senate)). The director may employ a
deputy director and a confidential secretary, both of which shall be
exempt under chapter 41.06 RCW, and such staff as are necessary to
carry out the purposes of this chapter.
Gubernatorial appointments made under this section are subject to
the advice and consent of the senate.
The office shall consult with the minority and women's business
enterprises advisory committee to:
(1) Develop, plan, and implement programs to provide an opportunity
for participation by qualified minority and women-owned and controlled
businesses in public works and the process by which goods and services
are procured by state agencies and educational institutions from the
private sector;
(2) Develop a comprehensive plan insuring that qualified minority
and women-owned and controlled businesses are provided an opportunity
to participate in public contracts for public works and goods and
services;
(3) Identify barriers to equal participation by qualified minority
and women-owned and controlled businesses in all state agency and
educational institution contracts;
(4) Establish annual overall goals for participation by qualified
minority and women-owned and controlled businesses for each state
agency and educational institution to be administered on a contract-by-contract basis or on a class-of-contracts basis;
(5) Develop and maintain a central minority and women's business
enterprise certification list for all state agencies and educational
institutions. No business is entitled to certification under this
chapter unless it meets the definition of small business concern as
established by the office. All applications for certification under
this chapter shall be sworn under oath;
(6) Develop, implement, and operate a system of monitoring
compliance with this chapter;
(7) Adopt rules under chapter 34.05 RCW, the Administrative
Procedure Act, governing: (a) Establishment of agency goals; (b)
development and maintenance of a central minority and women's business
enterprise certification program, including a definition of "small
business concern" which shall be consistent with the small business
requirements defined under section 3 of the Small Business Act, 15
U.S.C. Sec. 632, and its implementing regulations as guidance; (c)
procedures for monitoring and enforcing compliance with goals,
regulations, contract provisions, and this chapter; (d) utilization of
standard clauses by state agencies and educational institutions, as
specified in RCW 39.19.050; and (e) determination of an agency's or
educational institution's goal attainment consistent with the
limitations of RCW 39.19.075;
(8) Submit an annual report to the governor and the legislature
outlining the progress in implementing this chapter;
(9) Investigate complaints of violations of this chapter with the
assistance of the involved agency or educational institution; and
(10) Cooperate and act jointly or by division of labor with the
United States or other states, and with political subdivisions of the
state of Washington and their respective minority, socially and
economically disadvantaged and women business enterprise programs to
carry out the purposes of this chapter. However, the power which may
be exercised by the office under this subsection permits investigation
and imposition of sanctions only if the investigation relates to a
possible violation of chapter 39.19 RCW, and not to violation of local
ordinances, rules, regulations, however denominated, adopted by
political subdivisions of the state.
Sec. 16 RCW 41.05.021 and 2006 c 103 s 2 are each amended to read
as follows:
(1) The Washington state health care authority is created within
the executive branch. The authority shall have an administrator
appointed by the governor((, with the consent of the senate)).
Gubernatorial appointments made under this section are subject to the
advice and consent of the senate. The administrator shall serve at the
pleasure of the governor. The administrator may employ up to seven
staff members, who shall be exempt from chapter 41.06 RCW, and any
additional staff members as are necessary to administer this chapter.
The administrator may delegate any power or duty vested in him or her
by this chapter, including authority to make final decisions and enter
final orders in hearings conducted under chapter 34.05 RCW. The
primary duties of the authority shall be to: Administer state
employees' insurance benefits and retired or disabled school employees'
insurance benefits; administer the basic health plan pursuant to
chapter 70.47 RCW; study state-purchased health care programs in order
to maximize cost containment in these programs while ensuring access to
quality health care; and implement state initiatives, joint purchasing
strategies, and techniques for efficient administration that have
potential application to all state-purchased health services. The
authority's duties include, but are not limited to, the following:
(a) To administer health care benefit programs for employees and
retired or disabled school employees as specifically authorized in RCW
41.05.065 and in accordance with the methods described in RCW
41.05.075, 41.05.140, and other provisions of this chapter;
(b) To analyze state-purchased health care programs and to explore
options for cost containment and delivery alternatives for those
programs that are consistent with the purposes of those programs,
including, but not limited to:
(i) Creation of economic incentives for the persons for whom the
state purchases health care to appropriately utilize and purchase
health care services, including the development of flexible benefit
plans to offset increases in individual financial responsibility;
(ii) Utilization of provider arrangements that encourage cost
containment, including but not limited to prepaid delivery systems,
utilization review, and prospective payment methods, and that ensure
access to quality care, including assuring reasonable access to local
providers, especially for employees residing in rural areas;
(iii) Coordination of state agency efforts to purchase drugs
effectively as provided in RCW 70.14.050;
(iv) Development of recommendations and methods for purchasing
medical equipment and supporting services on a volume discount basis;
(v) Development of data systems to obtain utilization data from
state-purchased health care programs in order to identify cost centers,
utilization patterns, provider and hospital practice patterns, and
procedure costs, utilizing the information obtained pursuant to RCW
41.05.031; and
(vi) In collaboration with other state agencies that administer
state purchased health care programs, private health care purchasers,
health care facilities, providers, and carriers:
(A) Use evidence-based medicine principles to develop common
performance measures and implement financial incentives in contracts
with insuring entities, health care facilities, and providers that:
(I) Reward improvements in health outcomes for individuals with
chronic diseases, increased utilization of appropriate preventive
health services, and reductions in medical errors; and
(II) Increase, through appropriate incentives to insuring entities,
health care facilities, and providers, the adoption and use of
information technology that contributes to improved health outcomes,
better coordination of care, and decreased medical errors;
(B) Through state health purchasing, reimbursement, or pilot
strategies, promote and increase the adoption of health information
technology systems, including electronic medical records, by hospitals
as defined in RCW 70.41.020(4), integrated delivery systems, and
providers that:
(I) Facilitate diagnosis or treatment;
(II) Reduce unnecessary duplication of medical tests;
(III) Promote efficient electronic physician order entry;
(IV) Increase access to health information for consumers and their
providers; and
(V) Improve health outcomes;
(C) Coordinate a strategy for the adoption of health information
technology systems using the final health information technology report
and recommendations developed under chapter 261, Laws of 2005((.));
(c) To analyze areas of public and private health care interaction;
(d) To provide information and technical and administrative
assistance to the board;
(e) To review and approve or deny applications from counties,
municipalities, and other political subdivisions of the state to
provide state-sponsored insurance or self-insurance programs to their
employees in accordance with the provisions of RCW 41.04.205, setting
the premium contribution for approved groups as outlined in RCW
41.05.050;
(f) To establish billing procedures and collect funds from school
districts in a way that minimizes the administrative burden on
districts;
(g) To publish and distribute to nonparticipating school districts
and educational service districts by October 1st of each year a
description of health care benefit plans available through the
authority and the estimated cost if school districts and educational
service district employees were enrolled;
(h) To apply for, receive, and accept grants, gifts, and other
payments, including property and service, from any governmental or
other public or private entity or person, and make arrangements as to
the use of these receipts to implement initiatives and strategies
developed under this section; and
(i) To promulgate and adopt rules consistent with this chapter as
described in RCW 41.05.160.
(2) On and after January 1, 1996, the public employees' benefits
board may implement strategies to promote managed competition among
employee health benefit plans. Strategies may include but are not
limited to:
(a) Standardizing the benefit package;
(b) Soliciting competitive bids for the benefit package;
(c) Limiting the state's contribution to a percent of the lowest
priced qualified plan within a geographical area;
(d) Monitoring the impact of the approach under this subsection
with regards to: Efficiencies in health service delivery, cost shifts
to subscribers, access to and choice of managed care plans statewide,
and quality of health services. The health care authority shall also
advise on the value of administering a benchmark employer-managed plan
to promote competition among managed care plans.
Sec. 17 RCW 41.06.110 and 2002 c 354 s 210 are each amended to
read as follows:
(1) There is hereby created a Washington personnel resources board
composed of three members appointed by the governor((, subject to
confirmation by the senate)). The members of the personnel board
serving June 30, 1993, shall be the members of the Washington personnel
resources board, and they shall complete their terms as under the
personnel board. Each odd-numbered year thereafter the governor shall
appoint a member for a six-year term. Each member shall continue to
hold office after the expiration of the member's term until a successor
has been appointed. Persons so appointed shall have clearly
demonstrated an interest and belief in the merit principle, shall not
hold any other employment with the state, shall not have been an
officer of a political party for a period of one year immediately prior
to such appointment, and shall not be or become a candidate for
partisan elective public office during the term to which they are
appointed;
(2) Each member of the board shall be compensated in accordance
with RCW 43.03.250. The members of the board may receive any number of
daily payments for official meetings of the board actually attended.
Members of the board shall also be reimbursed for travel expenses
incurred in the discharge of their official duties in accordance with
RCW 43.03.050 and 43.03.060.
(3) At its first meeting following the appointment of all of its
members, and annually thereafter, the board shall elect a chair and
vice-chair from among its members to serve one year. The presence of
at least two members of the board shall constitute a quorum to transact
business. A written public record shall be kept by the board of all
actions of the board. The director of personnel shall serve as
secretary.
(4) The board may appoint and compensate hearing officers to hear
and conduct appeals. Such compensation shall be paid on a contractual
basis for each hearing, in accordance with the provisions of chapter
43.88 RCW and rules adopted pursuant thereto, as they relate to
personal service contracts.
(5) Appointments made under this section are subject to the advice
and consent of the senate.
Sec. 18 RCW 41.58.010 and 1981 c 338 s 21 are each amended to
read as follows:
(1) There is hereby created the public employment relations
commission (hereafter called the "commission") to administer the
provisions of this chapter. The commission shall consist of three
members who shall be citizens appointed by the governor ((by and with
the advice and consent of the senate)). One of the original members
shall be appointed for a term of three years, one for a term of four
years, and one for a term of five years. Their successors shall be
appointed for terms of five years each, except that any person chosen
to fill a vacancy shall be appointed only for the unexpired term of the
member whom he succeeds. Commission members shall be eligible for
reappointment. The governor shall designate one member to serve as
chairman of the commission. Any member of the commission may be
removed by the governor, upon notice and hearing, for neglect of duty
or malfeasance in office, but for no other cause. Commission members
shall not be eligible for state retirement under chapter 41.40 RCW by
virtue of their service on the commission.
(2) In making citizen member appointments initially, and
subsequently thereafter, the governor shall be cognizant of the
desirability of appointing persons knowledgeable in the area of labor
relations in the state.
(3) A vacancy in the commission shall not impair the right of the
remaining members to exercise all of the powers of the commission, and
two members of the commission shall, at all times, constitute a quorum
of the commission.
(4) The commission shall at the close of each fiscal year make a
report in writing to the legislature and to the governor stating the
cases it has heard, the decisions it has rendered, the names, salaries,
and duties of all employees and officers in the employ or under the
supervision of the commission, and an account of all moneys it has
disbursed.
(5) Appointments made under this section are subject to the advice
and consent of the senate.
Sec. 19 RCW 42.17.350 and 1998 c 30 s 1 are each amended to read
as follows:
(1) There is hereby established a "public disclosure commission"
which shall be composed of five members who shall be appointed by the
governor((, with the consent of the senate)). All appointees shall be
persons of the highest integrity and qualifications. No more than
three members shall have an identification with the same political
party.
(2) The term of each member shall be five years. No member is
eligible for appointment to more than one full term. Any member may be
removed by the governor, but only upon grounds of neglect of duty or
misconduct in office.
(3) Appointments made under this section are subject to the advice
and consent of the senate.
(4) During his or her tenure, a member of the commission is
prohibited from engaging in any of the following activities, either
within or outside the state of Washington:
(a) Holding or campaigning for elective office;
(b) Serving as an officer of any political party or political
committee;
(c) Permitting his or her name to be used in support of or in
opposition to a candidate or proposition;
(d) Soliciting or making contributions to a candidate or in support
of or in opposition to any candidate or proposition;
(e) Participating in any way in any election campaign; or
(f) Lobbying, employing, or assisting a lobbyist, except that a
member or the staff of the commission may lobby to the limited extent
permitted by RCW 42.17.190 on matters directly affecting this chapter.
(((4))) (5) A vacancy on the commission shall be filled within
thirty days of the vacancy by the governor, with the consent of the
senate, and the appointee shall serve for the remaining term of his or
her predecessor. A vacancy shall not impair the powers of the
remaining members to exercise all of the powers of the commission.
(((5))) (6) Three members of the commission shall constitute a
quorum. The commission shall elect its own chair and adopt its own
rules of procedure in the manner provided in chapter 34.05 RCW.
(((6))) (7) Members shall be compensated in accordance with RCW
43.03.250 and in addition shall be reimbursed for travel expenses
incurred while engaged in the business of the commission as provided in
RCW 43.03.050 and 43.03.060. 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.
Sec. 20 RCW 43.06.092 and 1981 c 338 s 2 are each amended to read
as follows:
(1) Any gubernatorial appointee subject to senate confirmation
shall continue to serve unless rejected by a vote of the senate. If
the senate does not vote on the appointment by the end of the next
regularly scheduled legislative session after his or her appointment,
the appointee shall be considered confirmed by the senate. An
appointee who is rejected by a vote of the senate shall not be
reappointed to the same position for a period of one year from
termination of service.
(2) Any person appointed by the governor to fill the unexpired term
of an appointment subject to senate confirmation must also be confirmed
by the senate.
Sec. 21 RCW 43.06A.020 and 1998 c 288 s 7 are each amended to
read as follows:
(1) ((Subject to confirmation by the senate,)) The governor shall
appoint an ombudsman who shall be a person of recognized judgment,
independence, objectivity, and integrity, and shall be qualified by
training or experience, or both, in family and children's services law
and policy. Prior to the appointment, the governor shall consult with,
and may receive recommendations from the committee, regarding the
selection of the ombudsman.
(2) The person appointed ombudsman shall hold office for a term of
three years and shall continue to hold office until reappointed or
until his or her successor is appointed. The governor may remove the
ombudsman only for neglect of duty, misconduct, or inability to perform
duties. Any vacancy shall be filled by similar appointment for the
remainder of the unexpired term.
(3) Appointments made under this section are subject to the advice
and consent of the senate.
Sec. 22 RCW 43.17.020 and 2006 c 265 s 112 are each amended to
read as follows:
There shall be a chief executive officer of each department to be
known as: (1) The secretary of social and health services, (2) the
director of ecology, (3) the director of labor and industries, (4) the
director of agriculture, (5) the director of fish and wildlife, (6) the
secretary of transportation, (7) the director of licensing, (8) the
director of general administration, (9) the director of community,
trade, and economic development, (10) the director of veterans affairs,
(11) the director of revenue, (12) the director of retirement systems,
(13) the secretary of corrections, (14) the secretary of health, (15)
the director of financial institutions, (16) the director of the
department of archaeology and historic preservation, and (17) the
director of early learning.
Such officers, except the director of fish and wildlife, shall be
appointed by the governor((, with the consent of the senate,)) and hold
office at the pleasure of the governor. The director of fish and
wildlife shall be appointed by the fish and wildlife commission as
prescribed by RCW 77.04.055.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 23 RCW 43.21B.020 and 1970 ex.s. c 62 s 32 are each amended
to read as follows:
The hearings board shall consist of three members qualified by
experience or training in pertinent matters pertaining to the
environment, and at least one member of the hearings board shall have
been admitted to practice law in this state and engaged in the legal
profession at the time of his appointment. The hearings board shall be
appointed by the governor ((with the advice and consent of the
senate)), and no more than two of whom at the time of appointment or
during their term shall be members of the same political party.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 24 RCW 43.41.060 and 1979 c 151 s 112 are each amended to
read as follows:
The executive head of the office of financial management shall be
the director, who shall be appointed by the governor ((with the consent
of the senate)), and who shall serve at the pleasure of the governor.
He shall be paid a salary to be fixed by the governor in accordance
with the provisions of RCW 43.03.040. If a vacancy occurs in his
position while the senate is not in session, the governor shall make a
temporary appointment until the next meeting of the senate, when he
shall present to that body his nomination for the office. The director
may delegate such of his powers, duties and functions to other officers
and employees of the department as he may deem necessary to the
fulfillment of the purposes of this chapter.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 25 RCW 43.43.020 and 2005 c 434 s 4 are each amended to read
as follows:
The governor((, with the advice and consent of the senate,)) shall
appoint the chief of the Washington state patrol, determine his
compensation, and may remove him at will.
The chief shall appoint a sufficient number of competent persons to
act as Washington state patrol officers, may remove them for cause, as
provided in this chapter, and shall make promotional appointments,
determine their compensation, and define their rank and duties, as
hereinafter provided. Before a person may be appointed to act as a
Washington state patrol officer, the person shall meet the minimum
standards for employment with the Washington state patrol, including
successful completion of a psychological examination and polygraph
examination or similar assessment procedure administered by the chief
or his or her designee in accordance with the requirements of RCW
43.101.095(2).
The chief may appoint employees of the Washington state patrol to
serve as special deputies, with such restricted police authority as the
chief shall designate as being necessary and consistent with their
assignment to duty. Such appointment and conferral of authority shall
not qualify said employees for membership in the Washington state
patrol retirement system, nor shall it grant tenure of office as a
regular officer of the Washington state patrol.
The chief may personally appoint, with the consent of the state
treasurer, employees of the office of the state treasurer who are
qualified under the standards of the criminal justice training
commission, or who have comparable training and experience, to serve as
special deputies. The law enforcement powers of any special deputies
appointed in the office of the state treasurer shall be designated by
the chief and shall be restricted to those powers necessary to provide
for statewide security of the holdings or property of or under the
custody of the office of the state treasurer. These appointments may
be revoked by the chief at any time and shall be revoked upon the
written request of the state treasurer or by operation of law upon
termination of the special deputy's employment with the office of the
state treasurer or thirty days after the chief who made the appointment
leaves office. The chief shall be civilly immune for the acts of such
special deputies. Such appointment and conferral of authority shall
not qualify such employees for membership in the Washington state
patrol retirement system, nor shall it grant tenure of office as a
regular officer of the Washington state patrol.
Gubernatorial appointments made under this section are subject to
the advice and consent of the senate.
Sec. 26 RCW 43.78.010 and 1981 c 338 s 6 are each amended to read
as follows:
There shall be a public printer appointed by the governor ((with
the advice and consent of the senate)), who shall hold office at the
pleasure of the governor and until his successor is appointed and
qualified.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 27 RCW 43.97.025 and 1987 c 499 s 2 are each amended to read
as follows:
(1) The governor, the Columbia River Gorge commission, and all
state agencies and counties are hereby directed and provided authority
to carry out their respective functions and responsibilities in
accordance with the compact executed pursuant to RCW 43.97.015, the
Columbia River Gorge National Scenic Area Act, and the provisions of
this chapter.
(2) The governor shall appoint three members of the Columbia River
Gorge commission who reside in the state of Washington, at least one of
whom shall be a resident of the scenic area as defined in the act.
(3)(a) The governing bodies of Clark, Klickitat, and Skamania
counties shall each appoint one member of the Columbia River Gorge
commission.
(b) In the event the governing body of a county fails to make the
appointments prescribed in section 5(a)(c)(1) of that act and (a) of
this subsection, the governor shall appoint any such member.
(4) Each member appointed by the governor ((shall be subject to
confirmation by the Washington state senate and)) shall serve at the
pleasure of the governor until ((their)) the member's term ((shall))
expires or until a disqualifying change in residence. Appointments
made under this section are subject to the advice and consent of the
senate.
(5) Of those members appointed to the Columbia River Gorge
commission by the governing body of the counties of Clark, Klickitat,
and Skamania, the governor shall designate one member to serve for a
term of five years and one to serve for six years. Of those members
appointed directly by the governor pursuant to RCW 43.97.015, the
governor shall designate one to serve a term of five years and one to
serve a term of six years. All other members shall serve a period of
four years.
Neither the governor nor governing body of any of the counties may
appoint federal, state, or local elected or appointed officials as
members to the Columbia River Gorge commission.
Vacancies shall be filled in accordance with the appointing
procedure for the commission member occupying the seat before its
vacancy.
Sec. 28 RCW 43.105.047 and 1999 c 80 s 5 are each amended to read
as follows:
There is created the department of information services. The
department shall be headed by a director appointed by the governor
((with the consent of the senate)). Gubernatorial appointments made
under this section are subject to the advice and consent of the senate.
The director shall serve at the governor's pleasure and shall receive
such salary as determined by the governor. The director shall:
(1) Appoint a confidential secretary and such deputy and assistant
directors as needed to administer the department;
(2) Maintain and fund a strategic planning and policy component
separate from the services component of the department;
(3) Appoint, after consulting with the board, the assistant or
deputy director for the planning component;
(4) Appoint such professional, technical, and clerical assistants
and employees as may be necessary to perform the duties imposed by this
chapter;
(5) Report to the governor and the board any matters relating to
abuses and evasions of this chapter; and
(6) Recommend statutory changes to the governor and the board.
Sec. 29 RCW 43.180.040 and 1995 c 399 s 98 are each amended to
read as follows:
(1) There is hereby established a public body corporate and
politic, with perpetual corporate succession, to be known as the
Washington state housing finance commission. The commission is an
instrumentality of the state exercising essential government functions
and, for purposes of the code, acts as a constituted authority on
behalf of the state when it issues bonds pursuant to this chapter. The
commission is a "public body" within the meaning of RCW 39.53.010.
(2) The commission shall consist of the following voting members:
(a) The state treasurer, ex officio;
(b) The director of community, trade, and economic development, ex
officio;
(c) An elected local government official, ex officio, with
experience in local housing programs, who shall be appointed by the
governor ((with the consent of the senate));
(d) A representative of housing consumer interests, appointed by
the governor ((with the consent of the senate));
(e) A representative of labor interests, appointed by the governor,
((with the consent of the senate,)) after consultation with
representatives of organized labor;
(f) A representative of low-income persons, appointed by the
governor ((with the consent of the senate));
(g) Five members of the public appointed by the governor, ((with
the consent of the senate,)) on the basis of geographic distribution
and their expertise in housing, real estate, finance, energy
efficiency, or construction, one of whom shall be appointed by the
governor as chair of the commission and who shall serve on the
commission and as chair of the commission at the pleasure of the
governor.
(3) The term of the persons appointed by the governor, other than
the chair, shall be four years from the date of their appointment,
except that the terms of three of the initial appointees shall be for
two years from the date of their appointment. The governor shall
designate the appointees who will serve the two-year terms. An
appointee may be removed by the governor for cause pursuant to RCW
43.06.070 and 43.06.080. The governor shall fill any vacancy in an
appointed position by appointment for the remainder of the unexpired
term. If the department of community, trade, and economic development
is abolished, the resulting vacancy shall be filled by a state official
who shall be appointed to the commission by the governor. ((If this
official occupies an office or position for which senate confirmation
is not required, then his or her appointment to the commission shall be
subject to the consent of the senate.)) The members of the commission
shall be compensated in accordance with RCW 43.03.240 and may be
reimbursed, solely from the funds of the commission, for 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 of the
commission constitutes a quorum. Designees shall be appointed in such
manner and shall exercise such powers as are specified by the rules of
the commission.
(((3))) (4) Appointments made under this section are subject to the
advice and consent of the senate.
(5) The commission may adopt an official seal and may select from
its membership a vice chair, a secretary, and a treasurer. The
commission shall establish rules concerning its exercise of the powers
authorized by this chapter. The rules shall be adopted in conformance
with chapter 34.05 RCW.
Sec. 30 RCW 43.210.030 and 1998 c 109 s 2 are each amended to
read as follows:
The small business export finance assistance center and its
branches shall be governed and managed by a board of seven directors
appointed by the governor, with the advice of the board((, and
confirmed by the senate)). The directors shall serve terms of four
years following the terms of service established by the initial
appointments after June 11, 1998. Three appointees, including
directors on June 11, 1998, who are reappointed, must serve initial
terms of two years and, if a director is reappointed that director may
serve a consecutive four-year term. Four appointees, including
directors on June 11, 1998, who are reappointed, must serve initial
terms of four years and, if a director is reappointed that director may
serve a consecutive four-year term. After the initial appointments,
directors may serve two consecutive terms. The directors may provide
for the payment of their expenses. The directors shall include the
director of community, trade, and economic development or the
director's designee; representatives of a large financial institution
engaged in financing export transactions in the state of Washington; a
small financial institution engaged in financing export transactions in
the state of Washington; a large exporting company domiciled in the
state of Washington; a small exporting company in the state of
Washington; organized labor in a trade involved in international
commerce; and a representative at large. To the extent possible,
appointments to the board shall reflect geographical balance and the
diversity of the state population. Any vacancies on the board due to
the expiration of a term or for any other reason shall be filled by
appointment by the governor for the unexpired term.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 31 RCW 47.01.051 and 2006 c 334 s 1 are each amended to read
as follows:
There is hereby created a transportation commission, which shall
consist of seven voting members appointed by the governor, with the
consent of the senate. The present five members of the highway
commission shall serve as five initial members of the transportation
commission until their terms of office as highway commission members
would have expired. The additional two members provided herein for the
transportation commission shall be appointed for initial terms to
expire on June 30, 1982, and June 30, 1983. Thereafter all terms shall
be for six years. No elective state official, state officer, or state
employee shall be a member of the commission. At the time of
appointment or thereafter during their respective terms of office, four
members of the commission shall reside in the western part of the state
and three members shall reside in the eastern part of the state as
divided north and south by the summit of the Cascade mountains. No
more than two members of the commission shall reside in the same
county; however, the governor, or his or her designee, shall serve as
a nonvoting member of the commission. Commission appointments should
reflect both a wide range of transportation interests and a balanced
statewide geographic representation. Commissioners may be removed from
office by the governor before the expiration of their terms for cause.
No member shall be appointed for more than two consecutive terms.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 32 RCW 47.64.280 and 2006 c 164 s 18 are each amended to
read as follows:
(1) There is created the marine employees' commission. The
governor shall appoint the commission ((with the consent of the
senate)). The commission shall consist of three members: One member
to be appointed from labor, one member from industry, and one member
from the public who has significant knowledge of maritime affairs. The
public member shall be chair of the commission. One of the original
members shall be appointed for a term of three years, one for a term of
four years, and one for a term of five years. Their successors shall
be appointed for terms of five years each, except that any person
chosen to fill a vacancy shall be appointed only for the unexpired term
of the member whom he or she succeeds. Commission members are eligible
for reappointment. Any member of the commission may be removed by the
governor, upon notice and hearing, for neglect of duty or malfeasance
in office, but for no other cause. Commission members are not eligible
for state retirement under chapter 41.40 RCW by virtue of their service
on the commission. Members of the commission shall be compensated in
accordance with RCW 43.03.250 and shall receive reimbursement for
official travel and other expenses at the same rate and on the same
terms as provided for the transportation commission by RCW 47.01.061.
The payments shall be made from the Puget Sound ferry operations
account.
(2) Appointments made under this section are subject to the advice
and consent of the senate.
(3) The commission shall: (a) Adjust all complaints, grievances,
and disputes between labor and management arising out of the operation
of the ferry system as provided in RCW 47.64.150; (b) provide for
impasse mediation as required in RCW 47.64.210; (c) provide salary
surveys as required in RCW 47.64.220; and (d) perform those duties
required in RCW 47.64.300.
(((3))) (4)(a) In adjudicating all complaints, grievances, and
disputes, the party claiming labor disputes shall, in writing, notify
the commission, which shall make careful inquiry into the cause thereof
and issue an order advising the ferry employee, or the ferry employee
organization representing him or her, and the department of
transportation, as to the decision of the commission.
(b) The parties are entitled to offer evidence relating to disputes
at all hearings conducted by the commission. The orders and awards of
the commission are final and binding upon any ferry employee or
employees or their representative affected thereby and upon the
department.
(c) The commission shall adopt rules of procedure under chapter
34.05 RCW.
(d) The commission has the authority to subpoena any ferry employee
or employees, or their representatives, and any member or
representative of the department, and any witnesses. The commission
may require attendance of witnesses and the production of all pertinent
records at any hearings held by the commission. The subpoenas of the
commission are enforceable by order of any superior court in the state
of Washington for the county within which the proceeding may be
pending. The commission may hire staff as necessary, appoint
consultants, enter into contracts, and conduct studies as reasonably
necessary to carry out this chapter.
Sec. 33 RCW 49.60.050 and 1985 c 185 s 3 are each amended to read
as follows:
There is created the "Washington state human rights commission,"
which shall be composed of five members to be appointed by the governor
((with the advice and consent of the senate)), one of whom shall be
designated as chairperson by the governor.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 34 RCW 50.08.010 and 1953 ex.s. c 8 s 3 are each amended to
read as follows:
There is established the employment security department for the
state, to be administered by a commissioner. The commissioner shall be
appointed by the governor ((with the consent of the senate)), and shall
hold office at the pleasure of, and receive such compensation for his
services as may be fixed by, the governor.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 35 RCW 51.52.010 and 2003 c 224 s 1 are each amended to read
as follows:
There shall be a "board of industrial insurance appeals,"
hereinafter called the "board," consisting of three members appointed
by the governor((, with the advice and consent of the senate,)) as
hereinafter provided. One shall be a representative of the public and
a lawyer, appointed from a mutually agreed to list of not less than
three active or judicial members of the Washington state bar
association, submitted to the governor by the two organizations defined
below, and such member shall be the chairperson of said board. The
second member shall be a representative of the majority of workers
engaged in employment under this title and selected from a list of not
less than three names submitted to the governor by an organization,
statewide in scope, which through its affiliates embraces a cross
section and a majority of the organized labor of the state. The third
member shall be a representative of employers under this title, and
appointed from a list of at least three names submitted to the governor
by a recognized statewide organization of employers, representing a
majority of employers. The initial terms of office of the members of
the board shall be for six, four, and two years respectively.
Thereafter all terms shall be for a period of six years. Each member
of the board shall be eligible for reappointment and shall hold office
until his or her successor is appointed and qualified. In the event of
a vacancy the governor is authorized to appoint a successor to fill the
unexpired term of his or her predecessor. All appointments to the
board shall be made in conformity with the foregoing plan. In the
event a board member becomes incapacitated in excess of thirty days
either due to his or her illness or that of an immediate family member
as determined by a request for family leave or as certified by the
affected member's treating physician, the governor shall appoint an
acting member to serve pro tem. Such an appointment shall be made in
conformity with the foregoing plan, except that the list of candidates
shall be submitted to the governor not more than fifteen days after the
affected organizations are notified of the incapacity and the governor
shall make the appointment within fifteen days after the list is
submitted. The temporary member shall serve until such time as the
affected member is able to reassume his or her duties by returning from
requested family leave or as determined by the treating physician or
until the affected member's term expires, whichever occurs first.
Whenever the workload of the board and its orderly and expeditious
disposition shall necessitate, the governor may appoint two additional
pro-tem members in addition to the regular members. Such appointments
shall be for a definite period of time, and shall be made from lists
submitted respectively by labor and industry as in the case of regular
members. One pro-tem member shall be a representative of labor and one
shall be a representative of industry. Members shall devote their
entire time to the duties of the board and shall receive for their
services a salary as fixed by the governor in accordance with the
provisions of RCW 43.03.040 which shall be in addition to travel
expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing
or hereafter amended. Headquarters for the board shall be located in
Olympia. The board shall adopt a seal which shall be judicially
recognized.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 36 RCW 66.08.012 and 1961 c 307 s 7 are each amended to read
as follows:
There shall be a board, known as the "Washington state liquor
control board," consisting of three members, to be appointed by the
governor, ((with the consent of the senate,)) who shall each be paid an
annual salary to be fixed by the governor in accordance with the
provisions of RCW 43.03.040. The governor may, in his discretion,
appoint one of the members as chairman of the board, and a majority of
the members shall constitute a quorum of the board.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 37 RCW 67.16.012 and 1998 c 345 s 4 are each amended to read
as follows:
There is hereby created the Washington horse racing commission, to
consist of five commissioners, appointed by the governor ((and
confirmed by the senate)). The commissioners shall be citizens,
residents, and qualified electors of the state of Washington, one of
whom shall be a breeder of race horses and shall be of at least one
year's standing. The terms of the members shall be six years. Each
member shall hold office until his or her successor is appointed and
qualified. Vacancies in the office of commissioner shall be filled by
appointment to be made by the governor for the unexpired term. Any
commissioner may be removed at any time at the pleasure of the
governor. Before entering upon the duties of his or her office, each
commissioner shall enter into a surety company bond, to be approved by
the governor and attorney general, payable to the state of Washington,
in the penal sum of five thousand dollars, conditioned upon the
faithful performance of his or her duties and the correct accounting
and payment of all sums received and coming within his or her control
under this chapter, and in addition thereto each commissioner shall
take and subscribe to an oath of office of the same form as that
prescribed by law for elective state officers.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 38 RCW 67.70.030 and 1982 2nd ex.s. c 7 s 3 are each amended
to read as follows:
There is created the state lottery commission to consist of five
members appointed by the governor ((with the consent of the senate)).
Of the initial members, one shall serve a term of two years, one shall
serve a term of three years, one shall serve a term of four years, one
shall serve a term of five years, and one shall serve a term of six
years. Their successors, all of whom shall be citizen members
appointed by the governor ((with the consent of the senate)), upon
being appointed and qualified, shall serve six-year terms. No member
of the commission who has served a full six-year term is eligible for
reappointment. In case of a vacancy, it shall be filled by appointment
by the governor for the unexpired portion of the term in which the
vacancy occurs.
The governor shall designate one member of the commission to serve
as chairman at the governor's pleasure.
A majority of the members shall constitute a quorum for the
transaction of business.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 39 RCW 67.70.050 and 1998 c 245 s 106 are each amended to
read as follows:
There is created the office of director of the state lottery. The
director shall be appointed by the governor ((with the consent of the
senate)). Appointments made under this section are subject to the
advice and consent of the senate. The director shall serve at the
pleasure of the governor and shall receive such salary as is determined
by the governor, but in no case may the director's salary be more than
ninety percent of the salary of the governor. The director shall:
(1) Supervise and administer the operation of the lottery in
accordance with the provisions of this chapter and with the rules of
the commission.
(2) Appoint such deputy and assistant directors as may be required
to carry out the functions and duties of his office: PROVIDED, That
the provisions of the state civil service law, chapter 41.06 RCW, shall
not apply to such deputy and assistant directors.
(3) Appoint such professional, technical, and clerical assistants
and employees as may be necessary to perform the duties imposed by this
chapter: PROVIDED, That the provisions of the state civil service law,
chapter 41.06 RCW, shall not apply to such employees as are engaged in
undercover audit or investigative work or security operations but shall
apply to other employees appointed by the director, except as provided
for in subsection (2) of this section.
(4) In accordance with the provisions of this chapter and the rules
of the commission, license as agents to sell or distribute lottery
tickets such persons as in his opinion will best serve the public
convenience and promote the sale of tickets or shares. The director
may require a bond from any licensed agent, in such amount as provided
in the rules of the commission. Every licensed agent shall prominently
display his license, or a copy thereof, as provided in the rules of the
commission. License fees may be established by the commission, and, if
established, shall be deposited in the state lottery account created by
RCW 67.70.230.
(5) Confer regularly as necessary or desirable with the commission
on the operation and administration of the lottery; make available for
inspection by the commission, upon request, all books, records, files,
and other information and documents of the lottery; and advise the
commission and recommend such matters as the director deems necessary
and advisable to improve the operation and administration of the
lottery.
(6) Subject to the applicable laws relating to public contracts,
enter into contracts for the operation of the lottery, or any part
thereof, and into contracts for the promotion of the lottery. No
contract awarded or entered into by the director may be assigned by the
holder thereof except by specific approval of the commission:
PROVIDED, That nothing in this chapter authorizes the director to enter
into public contracts for the regular and permanent administration of
the lottery after the initial development and implementation.
(7) Certify quarterly to the state treasurer and the commission a
full and complete statement of lottery revenues, prize disbursements,
and other expenses for the preceding quarter.
(8) Carry on a continuous study and investigation of the lottery
throughout the state: (a) For the purpose of ascertaining any defects
in this chapter or in the rules issued thereunder by reason whereof any
abuses in the administration and operation of the lottery or any
evasion of this chapter or the rules may arise or be practiced, (b) for
the purpose of formulating recommendations for changes in this chapter
and the rules promulgated thereunder to prevent such abuses and
evasions, (c) to guard against the use of this chapter and the rules
issued thereunder as a cloak for the carrying on of professional
gambling and crime, and (d) to ensure that this chapter and rules shall
be in such form and be so administered as to serve the true purposes of
this chapter.
(9) Make a continuous study and investigation of: (a) The
operation and the administration of similar laws which may be in effect
in other states or countries, (b) the operation of an additional game
or games for the benefit of a particular program or purpose, (c) any
literature on the subject which from time to time may be published or
available, (d) any federal laws which may affect the operation of the
lottery, and (e) the reaction of the citizens of this state to existing
and potential features of the lottery with a view to recommending or
effecting changes that will tend to serve the purposes of this chapter.
(10) Have all enforcement powers granted in chapter 9.46 RCW.
(11) Perform all other matters and things necessary to carry out
the purposes and provisions of this chapter.
Sec. 40 RCW 72.23.025 and 2006 c 333 s 204 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 of
patients with a primary diagnosis of mental disorder. To this end, the
legislature intends that funds appropriated for mental health programs,
including funds for regional support networks and the state hospitals
be used for persons with primary diagnosis of mental disorder. 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;
and
(e) 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 conduct
training, research, and clinical program development activities that
will directly benefit ((mentally ill persons)) individuals with mental
illnesses receiving treatment in Washington state by performing the
following activities:
(i) Promote recruitment and retention of highly qualified
professionals at the state hospitals and community mental health
programs;
(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 and community mental health programs;
(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 and community mental health programs;
(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 and conditional
scholarship program to retain qualified professionals at the state
hospitals and community mental health providers when the secretary 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) Appointments made under this section are subject to the advice
and consent of the senate.
Sec. 41 RCW 72.41.020 and 1993 c 147 s 7 are each amended to read
as follows:
There is hereby created a board of trustees for the state school
for the blind to be composed of a resident from each of the state's
congressional districts now or hereafter existing. Trustees with
voting privileges shall be appointed by the governor ((with the consent
of the senate)). A representative of the parent-teachers association
of the Washington state school for the blind, a representative of the
Washington council of the blind, a representative of the national
federation of the blind of Washington, one representative designated by
the teacher association of the Washington state school for the blind,
and a representative of the classified staff designated by his or her
exclusive bargaining representative shall each be ex officio and
nonvoting members of the board of trustees and shall serve during their
respective tenures in such positions.
Trustees shall be appointed by the governor to serve for a term of
five years except that any person appointed to fill a vacancy occurring
prior to the expiration of any term shall be appointed within sixty
days of the vacancy and appointed only for the remainder of the term.
One trustee shall be a resident and qualified elector from each of
the state's congressional districts. The board shall not be deemed to
be unlawfully constituted and a trustee shall not be deemed ineligible
to serve the remainder of the trustee's unexpired term on the board
solely by reason of the establishment of new or revised boundaries for
congressional districts. No voting trustee may be an employee of the
state school for the blind, a member of the board of directors of any
school district, a member of the governing board of any public or
private educational institution, a school district or educational
service district administrator, appointed after July 1, 1986, or an
elected officer or member of the legislative authority or any municipal
corporation.
The board of trustees shall organize itself by electing a chairman
from its members. The board shall adopt a seal and may adopt such
bylaws, rules, and regulations as it deems necessary for its own
government. A majority of the voting members of the board in office
shall constitute a quorum, but a lesser number may convene from time to
time and may compel the attendance of absent members in such manner as
prescribed in its bylaws, rules, or regulations. The superintendent of
the state school for the blind shall serve as, or may designate another
person to serve as, the secretary of the board, who shall not be deemed
to be a member of the board.
Gubernatorial appointments made under this section are subject to
the advice and consent of the senate.
Sec. 42 RCW 72.42.021 and 2002 c 209 s 7 are each amended to read
as follows:
(1) The governance of the school shall be vested in a board of
trustees. The board shall consist of nine members appointed by the
governor((, with the consent of the senate)). The board shall be
composed of a resident from each of the state's congressional districts
and may include:
(a) One member who is deaf or hearing impaired;
(b) Two members who are experienced educational professionals;
(c) One member who is experienced in providing residential services
to youth; and
(d) One member who is the parent of a child who is deaf or hearing
impaired and who is receiving or has received educational services
related to deafness or hearing impairment from a public educational
institution.
(2) No voting trustee may be an employee of the school, a member of
the board of directors of any school district, a member of the
governing board of any public or private educational institution, a
school district or educational service district administrator appointed
after July 1, 1986, or an elected officer or member of the legislative
authority of any municipal corporation.
(3) Trustees shall be appointed by the governor to serve a term of
five years, except that any person appointed to fill a vacancy
occurring prior to the expiration of a term shall be appointed within
sixty days of the vacancy and appointed only for the remainder of the
term. Of the initial members, three must be appointed for two-year
terms, three must be appointed for three-year terms, and the remainder
must be appointed for five-year terms.
(4) The board shall not be deemed unlawfully constituted and a
trustee shall not be deemed ineligible to serve the remainder of the
trustee's unexpired term on the board solely by reason of the
establishment of new or revised boundaries for congressional districts.
In such an event, each trustee may continue to serve in office for the
balance of the term for which he or she was appointed so long as the
trustee continues to reside within the boundaries of the congressional
district as they existed at the time of his or her appointment.
Vacancies which occur in a trustee position during the balance of any
term shall be filled pursuant to subsection (3) of this section by a
successor who resides within the boundaries of the congressional
district from which the member whose office was vacated was appointed
as they existed at the time of his or her appointment. At the
completion of such term, and thereafter, a successor shall be appointed
from the congressional district which corresponds in number with the
congressional district from which the incumbent was appointed.
(5) Appointments made under this section are subject to the advice
and consent of the senate.
Sec. 43 RCW 74.18.040 and 1983 c 194 s 4 are each amended to read
as follows:
The executive head of the department shall be the director of the
department of services for the blind. The director shall be appointed
by the governor((, with the consent of the senate,)) and hold office at
the pleasure of the governor. The director's salary shall be fixed by
the governor in accordance with the provisions of RCW 43.03.040.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 44 RCW 76.09.210 and 1979 ex.s. c 47 s 4 are each amended to
read as follows:
(1) There is hereby created within the environmental hearings
office under RCW 43.21B.005 the forest practices appeals board of the
state of Washington.
(2) The forest practices appeals board shall consist of three
members qualified by experience and training in pertinent matters
pertaining to the environment, and at least one member of the appeals
board shall have been admitted to the practice of law in this state and
shall be engaged in the legal profession at the time of his
appointment. The appeals board shall be appointed by the governor
((with the advice and consent of the senate,)) and no more than two of
the members at the time of appointment or during their term shall be
members of the same political party.
(3) Members shall be appointed for a term of six years and shall
serve until their successors are appointed and have qualified. In case
of a vacancy, it shall be filled by appointment by the governor for the
unexpired portion of the term in which such vacancy occurs. The terms
of the first three members of the appeals board shall be staggered so
that their terms shall expire after two, four, and six years.
(4) Any member may be removed for inefficiency, malfeasance or
misfeasance in office, upon specific written charges filed by the
governor, who shall transmit such written charges to the member accused
and to the chief justice of the supreme court. The chief justice shall
thereupon designate a tribunal composed of three judges of the superior
court to hear and adjudicate the charges. Such tribunal shall fix the
time of the hearing, which shall be public, and the procedure for the
hearing, and the decision of such tribunal shall be final and not
subject to review by the supreme court. Removal of any member by the
tribunal shall disqualify such member for reappointment.
(5) Each member of the appeals board:
(a) Shall not be a candidate for nor hold any other public office
or trust, and shall not engage in any occupation or business
interfering with or inconsistent with his duty as a member, nor shall
he serve on or under any committee of any political party; and
(b) Shall not for a period of one year after the termination of his
membership, act in a representative capacity before the appeals board
on any matter.
(6) Appointments made under this section are subject to the advice
and consent of the senate.
Sec. 45 RCW 77.04.030 and 2001 c 155 s 1 are each amended to read
as follows:
The fish and wildlife commission consists of nine registered voters
of the state. In January of each odd-numbered year, the governor shall
appoint ((with the advice and consent of the senate)) three registered
voters to the commission to serve for terms of six years from that
January or until their successors are appointed and qualified. If a
vacancy occurs on the commission prior to the expiration of a term, the
governor shall appoint a registered voter within sixty days to complete
the term. Three members shall be residents of that portion of the
state lying east of the summit of the Cascade mountains, and three
shall be residents of that portion of the state lying west of the
summit of the Cascade mountains. Three additional members shall be
appointed at-large. No two members may be residents of the same
county. The legal office of the commission is at the administrative
office of the department in Olympia.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 46 RCW 77.75.040 and 1995 1st sp.s. c 2 s 20 are each
amended to read as follows:
A member selected by or a designee of the fish and wildlife
commission, ex officio, and two appointees of the governor representing
the fishing industry shall act as the representatives of this state on
the Pacific Marine Fisheries Commission. ((The appointees of the
governor are subject to confirmation by the state senate.))
Gubernatorial appointments made under this section are subject to
the advice and consent of the senate.
Sec. 47 RCW 77.85.110 and 1999 sp.s. c 13 s 3 are each amended to
read as follows:
(1) The salmon recovery funding board is created consisting of ten
members.
(2) Five members of the board shall be voting members who are
appointed by the governor((, subject to confirmation by the senate)).
One of these voting members shall be a cabinet-level appointment as the
governor's representative to the board. Board members who represent
the general public shall not have a financial or regulatory interest in
salmon recovery. The governor shall appoint one of the general public
members of the board as the chair. The voting members of the board
shall be appointed for terms of four years, except that two members
initially shall be appointed for terms of two years and three members
shall initially be appointed for terms of three years. In making the
appointments, the governor shall seek a board membership that
collectively provide the expertise necessary to provide strong fiscal
oversight of salmon recovery expenditures, and that provide extensive
knowledge of local government processes and functions and an
understanding of issues relevant to salmon recovery in Washington
state. The governor shall appoint at least three of the voting members
of the board no later than ninety days after July 1, 1999. Vacant
positions on the board shall be filled in the same manner as the
original appointments. The governor may remove members of the board
for good cause.
In addition to the five voting members of the board, the following
five state officials shall serve as ex officio nonvoting members of the
board: The director of the department of fish and wildlife, the
executive director of the conservation commission, the secretary of
transportation, the director of the department of ecology, and the
commissioner of public lands. The state officials serving in an ex
officio capacity may designate a representative of their respective
agencies to serve on the board in their behalf. Such designations
shall be made in writing and in such manner as is specified by the
board.
(3) Staff support to the board shall be provided by the interagency
committee for outdoor recreation. For administrative purposes, the
board shall be located with the interagency committee for outdoor
recreation.
(4) Members of the board who do not represent state agencies shall
be compensated as provided by RCW 43.03.250. Members of the board
shall be reimbursed for travel expenses as provided by RCW 43.03.050
and 43.03.060.
(5) Gubernatorial appointments made under this section are subject
to the advice and consent of the senate.
Sec. 48 RCW 79A.05.015 and 1999 c 249 s 201 are each amended to
read as follows:
There is hereby created a "state parks and recreation commission"
consisting of seven citizens of the state. The members of the
commission shall be appointed by the governor ((by and with the advice
and consent of the senate)) and shall serve for a term of six years,
expiring on December 31st of even-numbered years, and until their
successors are appointed. In case of a vacancy, the governor shall
fill the vacancy for the unexpired term of the commissioner whose
office has become vacant.
In making the appointments to the commission, the governor shall
choose citizens who understand park and recreation needs and interests.
No person shall serve if he or she holds any elective or full-time
appointive state, county, or municipal office. Members of the
commission shall be compensated in accordance with RCW 43.03.240 and in
addition shall be allowed their travel expenses incurred while absent
from their usual places of residence in accordance with RCW 43.03.050
and 43.03.060.
Payment of expenses pertaining to the operation of the commission
shall be made upon vouchers certified to by such persons as shall be
designated by the commission.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 49 RCW 82.03.020 and 1967 ex.s. c 26 s 31 are each amended
to read as follows:
The board of tax appeals, hereinafter in chapter 26, Laws of 1967
ex. sess. referred to as the board, shall consist of three members
qualified by experience and training in the field of state and local
taxation, ((appointed by the governor with the advice and consent of
the senate,)) and no more than two of whom at the time of appointment
or during their terms shall be members of the same political party.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 50 RCW 88.16.010 and 2003 c 58 s 1 are each amended to read
as follows:
(1) The board of pilotage commissioners of the state of Washington
is hereby created and shall consist of the assistant secretary of
marine transportation of the department of transportation of the state
of Washington, or the assistant secretary's designee who shall be an
employee of the marine division, who shall be chairperson, the director
of the department of ecology, or the director's designee, and seven
members appointed by the governor ((and confirmed by the senate)).
Each of the appointed commissioners shall be appointed for a term of
four years from the date of the member's commission. No person shall
be eligible for appointment to the board unless that person is at the
time of appointment eighteen years of age or over and a citizen of the
United States and of the state of Washington. Two of the appointed
commissioners shall be pilots licensed under this chapter and actively
engaged in piloting upon the waters covered by this chapter for at
least three years immediately preceding the time of appointment and
while serving on the board. One pilot shall be from the Puget Sound
pilotage district and the other pilot shall be from either the Grays
Harbor pilotage district or the Puget Sound pilotage district. Two of
the appointed commissioners shall be actively engaged in the ownership,
operation, or management of deep sea cargo and/or passenger carrying
vessels for at least three years immediately preceding the time of
appointment and while serving on the board. One of the shipping
commissioners shall be a representative of American and one of foreign
shipping. One of the commissioners shall be a representative from a
recognized environmental organization concerned with marine waters.
The remaining commissioners shall be persons interested in and
concerned with pilotage, maritime safety, and marine affairs, with
broad experience related to the maritime industry exclusive of
experience as either a state licensed pilot or as a shipping
representative.
(2) Any vacancy in an appointed position on the board shall be
filled by the governor for the remainder of the unfilled term, subject
to confirmation by the senate.
(3) Five members of the board shall constitute a quorum. At least
one pilot, one shipping representative, and one public member must be
present at every meeting. All commissioners and the chairperson shall
have a vote.
(4) Gubernatorial appointments made under this section are subject
to the advice and consent of the senate.
Sec. 51 RCW 9.95.003 and 1997 c 350 s 2 are each amended to read
as follows:
The board shall consist of a chairman and two other members, each
of whom shall be appointed by the governor ((with the consent of the
senate)). Each member shall hold office for a term of five years, and
until his or her successor is appointed and qualified. The terms shall
expire on April 15th of the expiration year. Vacancies in the
membership of the board shall be filled by appointment by the governor
with the consent of the senate. In the event of the inability of any
member to act, the governor shall appoint some competent person to act
in his stead during the continuance of such inability. The members
shall not be removable during their respective terms except for cause
determined by the superior court of Thurston county. The governor in
appointing the members shall designate one of them to serve as chairman
at the governor's pleasure.
The members of the board and its officers and employees shall not
engage in any other business or profession or hold any other public
office without the prior approval of the executive ethics board
indicating compliance with RCW 42.52.020, 42.52.030, 42.52.040 and
42.52.120; nor shall they, at the time of appointment or employment or
during their incumbency, serve as the representative of any political
party on an executive committee or other governing body thereof, or as
an executive officer or employee of any political committee or
association. The members of the board shall each severally receive
salaries fixed by the governor in accordance with the provisions of RCW
43.03.040, and in addition shall receive travel expenses incurred in
the discharge of their official duties in accordance with RCW 43.03.050
and 43.03.060.
The board may employ, and fix, with the approval of the governor,
the compensation of and prescribe the duties of a secretary and such
officers, employees, and assistants as may be necessary, and provide
necessary quarters, supplies, and equipment.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 52 RCW 28B.50.050 and 1991 c 238 s 30 are each amended to
read as follows:
There is hereby created the "state board for community and
technical colleges", to consist of nine members who represent the
geographic diversity of the state, and who shall be appointed by the
governor((, with the consent of the senate)). At least two members
shall reside east of the Cascade mountains. In making these
appointments, the governor shall attempt to provide geographic balance
and give consideration to representing labor, business, women, and
racial and ethnic minorities, among the membership of the board. At
least one member of the board shall be from business and at least one
member of the board shall be from labor. The current members of the
state board for community college education on September 1, 1991, shall
serve on the state board for community and technical colleges until
their terms expire. Successors to these members shall be appointed
according to the terms of this section. A ninth member shall be
appointed by September 1, 1991, for a complete term.
The successors of the members initially appointed shall be
appointed for terms of four years except that a person appointed to
fill a vacancy occurring prior to the expiration of any term shall be
appointed only for the remainder of such term. Each member shall serve
until the appointment and qualification of his or her successor. All
members shall be citizens and bona fide residents of the state.
Members of the college board shall 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 for each day actually
spent in attending to the duties as a member of the college board.
The members of the college board may be removed by the governor for
inefficiency, neglect of duty, or malfeasance in office, in the manner
provided by RCW 28B.10.500.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 53 RCW 28B.50.100 and 1991 c 238 s 37 are each amended to
read as follows:
There is hereby created a board of trustees for each college
district as set forth in this chapter. Each board of trustees shall be
composed of five trustees, who shall be appointed by the governor for
terms commencing October 1st of the year in which appointed. In making
such appointments the governor shall give consideration to geographical
diversity, and representing labor, business, women, and racial and
ethnic minorities, in the membership of the boards of trustees. The
boards of trustees for districts containing technical colleges shall
include at least one member from business and one member from labor.
The successors of the trustees initially appointed shall be
appointed by the governor to serve for a term of five years except that
any person appointed to fill a vacancy occurring prior to the
expiration of any term shall be appointed only for the remainder of the
term. Each member shall serve until a successor is appointed and
qualified.
Every trustee shall be a resident and qualified elector of the
college district. No trustee may be an employee of the community and
technical college system, a member of the board of directors of any
school district, or a member of the governing board of any public or
private educational institution.
Each board of trustees shall organize itself by electing a chairman
from its members. The board shall adopt a seal and may adopt such
bylaws, rules and regulations as it deems necessary for its own
government. Three members of the board shall constitute a quorum, but
a lesser number may adjourn from time to time and may compel the
attendance of absent members in such manner as prescribed in its
bylaws, rules, or regulations. The district president, or if there be
none, the president of the college, shall serve as, or may designate
another person to serve as, the secretary of the board, who shall not
be deemed to be a member of the board.
Members of the boards of trustees may be removed for misconduct or
malfeasance in office in the manner provided by RCW 28B.10.500.
Appointments made under this section are subject to the advice and
consent of the senate.
Sec. 54 RCW 43.33A.020 and 2002 c 303 s 1 are each amended to
read as follows:
There is hereby created the state investment board to consist of
fifteen members to be appointed as provided in this section.
(1) One member who is an active member of the public employees'
retirement system and has been an active member for at least five
years. This member shall be appointed by the governor, ((subject to
confirmation by the senate,)) from a list of nominations submitted by
organizations representing active members of the system. The initial
term of appointment shall be one year.
(2) One member who is an active member of the law enforcement
officers' and fire fighters' retirement system and has been an active
member for at least five years. This member shall be appointed by the
governor, ((subject to confirmation by the senate,)) from a list of
nominations submitted by organizations representing active members of
the system. The initial term of appointment shall be two years.
(3) One member who is an active member of the teachers' retirement
system and has been an active member for at least five years. This
member shall be appointed by the superintendent of public instruction
((subject to confirmation by the senate)). The initial term of
appointment shall be three years.
(4) The state treasurer or the assistant state treasurer if
designated by the state treasurer.
(5) A member of the state house of representatives. This member
shall be appointed by the speaker of the house of representatives.
(6) A member of the state senate. This member shall be appointed
by the president of the senate.
(7) One member who is a retired member of a state retirement system
shall be appointed by the governor((, subject to confirmation by the
senate)). The initial term of appointment shall be three years.
(8) The director of the department of labor and industries.
(9) The director of the department of retirement systems.
(10) One member who is an active member of the school employees'
retirement system and has at least five years of service credit. This
member shall be appointed by the superintendent of public instruction
((subject to confirmation by the senate)). The initial term of
appointment shall be three years.
(11) Five nonvoting members appointed by the state investment board
who are considered experienced and qualified in the field of
investments.
The legislative members shall serve terms of two years. The
initial legislative members appointed to the board shall be appointed
no sooner than January 10, 1983. The position of a legislative member
on the board shall become vacant at the end of that member's term on
the board or whenever the member ceases to be a member of the senate or
house of representatives from which the member was appointed.
After the initial term of appointment, all other members of the
state investment board, except ex officio members, shall serve terms of
three years and shall hold office until successors are appointed.
Members' terms, except for ex officio members, shall commence on
January 1 of the year in which the appointments are made.
Members may be reappointed for additional terms. Appointments for
vacancies shall be made for the unexpired terms in the same manner as
the original appointments. Any member may be removed from the board
for cause by the member's respective appointing authority.
(12) Gubernatorial appointments made under this section are subject
to the advice and consent of the senate.
Sec. 55 RCW 43.52.374 and 1983 1st ex.s. c 3 s 3 are each amended
to read as follows:
(1) With the exception of the powers and duties of the board of
directors described in RCW 43.52.370(2), the management and control of
an operating agency constructing, operating, terminating, or
decommissioning a nuclear power plant under a site certification
agreement under chapter 80.50 RCW is vested in an executive board
established under this subsection and consisting of eleven members.
(a) Five members of the executive board shall be elected to four-year terms by the board of directors from among the members of the
board of directors. The board of directors may provide by rule for the
composition of the five members of the executive board elected from
among the members of the board of directors so as to reflect the member
public utility districts' and cities' participation in the joint
operating agency's projects. Members elected to the executive board
from the board of directors are ineligible for continued membership on
the executive board if they cease to be members of the board of
directors. The board of directors may also provide by rule for the
removal of a member of the executive board, except for the outside
directors. Members of the board of directors may be elected to serve
successive terms on the executive board. Members elected to the
executive board from the board of directors shall receive a salary from
the operating agency at a rate set by the board of directors.
(b) Six members of the executive board shall be outside directors.
Three shall be selected and appointed by the board of directors((,))
and three shall be selected and appointed by the governor ((and
confirmed by the senate)). All outside directors shall:
(i) Serve four-year terms on the executive board. However, of the
initial members of the executive board, the board of directors and the
governor shall each appoint one outside director to serve a two-year
term, one outside director to serve a three-year term, and one outside
director to serve a four-year term. Thereafter, all outside directors
shall be appointed for four-year terms. All outside directors are
eligible for reappointment;
(ii) Receive travel expenses on the same basis as the five members
elected from the board of directors. The outside directors shall also
receive a salary from the operating agency as fixed by the governor;
(iii) Not be an officer or employee of, or in any way affiliated
with, the Bonneville power administration or any electric utility
conducting business in the states of Washington, Oregon, Idaho, or
Montana;
(iv) Not be involved in the financial affairs of the operating
agency as an underwriter or financial adviser of the operating agency
or any of its members or any of the participants in any of the
operating agency's plants; and
(v) Be representative of policy makers in business, finance, or
science, or have expertise in the construction or management of such
facilities as the operating agency is constructing or operating, or
have expertise in the termination, disposition, or liquidation of
corporate assets.
(c) The governor may remove outside directors from the executive
board for incompetency, misconduct, or malfeasance in office in the
same manner as state appointive officers under chapter 43.06 RCW. For
purposes of this subsection, misconduct shall include, but not be
limited to, nonfeasance and misfeasance.
(2) Nothing in this chapter shall be construed to mean that an
operating agency is in any manner an agency of the state. Nothing in
this chapter alters or destroys the status of an operating agency as a
separate municipal corporation or makes the state liable in any way or
to any extent for any preexisting or future debt of the operating
agency or any present or future claim against the agency.
(3) The eleven members of the executive board shall be selected
with the objective of establishing an executive board which has the
resources to effectively carry out its responsibilities. All members
of the executive board shall conduct their business in a manner which
in their judgment is in the interest of all ratepayers affected by the
joint operating agency and its projects.
(4) The executive board shall elect from its members a chairman,
vice chairman, and secretary, who shall serve at the pleasure of the
executive board. The executive board shall adopt rules for the conduct
of its meetings and the carrying out of its business. All proceedings
shall be by motion or resolution and shall be recorded in the minute
book, which shall be a public record. A majority of the executive
board shall constitute a quorum for the transaction of business.
(5) With respect to any operating agency existing on April 20,
1982, to which the provisions of this section are applicable:
(a) The board of directors shall elect five members to the
executive board no later than sixty days after April 20, 1982; and
(b) The board of directors and the governor shall select and
appoint the initial outside directors and the executive board shall
hold its organizational meeting no later than sixty days after April
20, 1982, and the powers and duties prescribed in this chapter shall
devolve upon the executive board at that time.
(6) The executive board shall select and employ a managing director
of the operating agency and may delegate to the managing director such
authority for the management and control of the operating agency as the
executive board deems appropriate. The managing director's employment
is terminable at the will of the executive board.
(7) Members of the executive board shall be immune from civil
liability for mistakes and errors of judgment in the good faith
performance of acts within the scope of their official duties involving
the exercise of judgment and discretion. This grant of immunity shall
not be construed as modifying the liability of the operating agency.
The operating agency shall undertake the defense of and indemnify
each executive board member made a party to any civil proceeding
including any threatened, pending, or completed action, suit, or
proceeding, whether civil, administrative, or investigative, by reason
of the fact he or she is or was a member of the executive board,
against judgments, penalties, fines, settlements, and reasonable
expenses, actually incurred by him or her in connection with such
proceeding if he or she had conducted himself or herself in good faith
and reasonably believed his or her conduct to be in the best interest
of the operating agency.
In addition members of the executive board who are utility
employees shall not be fired, forced to resign, or demoted from their
utility jobs for decisions they make while carrying out their duties as
members of the executive board involving the exercise of judgment and
discretion.
(8) Gubernatorial appointments made under this section are subject
to the advice and consent of the senate.
Sec. 56 RCW 43.52A.030 and 1984 c 34 s 8 are each amended to read
as follows:
The governor((, with the consent of the senate,)) shall appoint two
residents of Washington state to the council pursuant to the act.
These persons shall undertake the functions and duties of members of
the council as specified in the act and in appropriate state law.
((Upon appointment by the governor to the council, the nominee shall
make available to the senate such disclosure information as is
requested for the confirmation process, including that required in RCW
42.17.241.)) Appointments made under this section are subject to the
advice and consent of the senate.
Sec. 57 RCW 43.105.800 and 1999 c 285 s 2 are each amended to
read as follows:
The K-20 educational network board is created. The purpose of the
K-20 board is to ensure that the K-20 educational telecommunications
network is operated in a way that serves the broad public interest
above the interest of any network user.
(1) The K-20 board shall comprise eleven voting and seven nonvoting
members as follows:
(a) Voting members shall include: A person designated by the
governor; one member of each caucus of the senate, appointed by the
president of the senate; one member of each caucus of the house of
representatives, appointed by the speaker of the house of
representatives; the superintendent of public instruction or his or her
designee; the executive director of the higher education coordinating
board or his or her designee; the executive director of the state board
for community and technical colleges or his or her designee; the chair
of the information services board, or his or her designee; the director
of the department of information services or his or her designee; and
one citizen member.
The citizen member shall be appointed to a four-year term by the
governor ((with the consent of the senate)). The governor shall
appoint the citizen member of the K-20 board by July 30, 1999.
Appointments made under this section are subject to the advice and
consent of the senate.
(b) Nonvoting members shall include one community or technical
college president, appointed by the state board for technical and
community colleges; one president of a public baccalaureate
institution, appointed by the council of presidents; the state
librarian; one educational service district superintendent, one school
district superintendent, and one representative of an approved private
school, appointed by the superintendent of public instruction; and one
representative of independent baccalaureate institutions, appointed by
the Washington association of independent colleges and universities.
(2) The director of the department of information services or his
or her designee shall serve as chair of the K-20 board. The department
of information services shall provide staffing to the K-20 board. A
majority of the voting members of the K-20 board shall constitute a
quorum for the transaction of business.
(3) The citizen member of the K-20 board shall be compensated in
accordance with RCW 43.03.250.
Sec. 58 RCW 49.04.010 and 2001 c 204 s 1 are each amended to read
as follows:
The director of labor and industries shall appoint an
apprenticeship council, composed of three representatives each from
employer and employee organizations, respectively. The terms of office
of the members of the apprenticeship council first appointed by the
director of labor and industries shall be as follows: One
representative each of employers and employees shall be appointed for
one year, two years, and three years, respectively. Thereafter, each
member shall be appointed for a term of three years. The governor
shall appoint a public member to the apprenticeship council for a
three-year term. The appointment of the public member is subject to
((confirmation by)) the advice and consent of the senate. Each member
shall hold office until a successor is appointed and has qualified and
any vacancy shall be filled by appointment for the unexpired portion of
the term. A designated representative from each of the following: The
work force training and education coordinating board, state board for
community and technical colleges, employment security department, and
United States department of labor, apprenticeship, training, employer,
and labor services, shall be ex officio members of the apprenticeship
council. Ex officio members shall have no vote. Each member of the
council, not otherwise compensated by public moneys, shall be
reimbursed for travel expenses in accordance with RCW 43.03.050 and
43.03.060 and shall be compensated in accordance with RCW 43.03.240.
The apprenticeship council is authorized to approve apprenticeship
programs, and establish apprenticeship program standards as rules,
including requirements for apprentice-related and supplemental
instruction, coordination of instruction with job experiences, and
instructor qualifications. The council shall consider recommendations
from the state board for community and technical colleges on matters of
apprentice-related and supplemental instruction, coordination of
instruction with job experiences, and instructor qualifications. The
rules for apprenticeship instructor qualifications shall either be by
reference or reasonably similar to the applicable requirements
established by or pursuant to chapter 28B.50 RCW. The council is
further authorized to issue such rules as may be necessary to carry out
the intent and purposes of this chapter, including a procedure to
resolve an impasse should a tie vote of the council occur, and perform
such other duties as are hereinafter imposed.
Not less than once a year the apprenticeship council shall make a
report to the director of labor and industries of its activities and
findings which shall be available to the public.
Sec. 59 RCW 80.01.010 and 2006 c 346 s 1 are each amended to read
as follows:
There is hereby created and established a state commission to be
known and designated as the Washington utilities and transportation
commission, and in this chapter referred to as the commission.
The commission shall be composed of three members appointed by the
governor((, with the consent of the senate)). Not more than two
members of said commission shall belong to the same political party.
Each commissioner shall be appointed and hold office for the term
of six years. The governor shall designate one of the commissioners to
be chair of the commission during the term of the governor.
Each commissioner shall receive a salary as may be fixed by the
governor in accordance with the provisions of RCW 43.03.040.
Any member of the commission may be removed for inefficiency,
malfeasance or misfeasance in office, upon specific written charges
filed by the governor, who shall transmit such written charges to the
member accused and to the chief justice of the supreme court. The
chief justice shall thereupon designate a special tribunal composed of
three judges of the superior court to hear and adjudicate the charges.
Such tribunal shall fix the time, place and procedure for the hearing,
and the hearing shall be public. The decision of such tribunal shall
be final and not subject to review.
If the tribunal specified herein finds the charges of the governor
to be true, the governor shall have the right to immediately remove the
commissioner from office, to declare the position of the commissioner
vacant, and appoint another commissioner to the position in accordance
with the provisions of the law.
Any vacancy arising in the office of commissioner shall be filled
by appointment by the governor, and, except for persons appointed as
pro tempore commissioners, an appointee selected to fill a vacancy
shall hold office for the balance of the full term for which his or her
predecessor on the commission was appointed.
If a vacancy occurs while the senate is not in session, the
governor shall make a temporary appointment until the next meeting of
the senate, when he or she shall present to the senate his or her
nomination or nominations for the office to be filled.
Appointments made under this section are subject to the advice and
consent of the senate.