SENATE BILL REPORT

SB 5802

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of February 18, 2011

Title: An act relating to prosecuting attorney salaries.

Brief Description: Authorizing adjustment of the state's share of prosecuting attorney salaries.

Sponsors: Senators Ranker, Swecker, Eide, Hargrove, Morton, Fraser, Holmquist Newbry and Honeyford.

Brief History:

Committee Activity: Government Operations, Tribal Relations & Elections: 2/21/11.

SENATE COMMITTEE ON GOVERNMENT OPERATIONS, TRIBAL RELATIONS & ELECTIONS

Staff: Sharon Swanson (786-7447)

Background: Article II, section 5 of the state Constitution specifies that the Legislature must regulate the compensation of elected county officials, including the elected prosecuting attorney. The same section allows the Legislature to delegate to the county legislative authority the ability to set the salaries of its own members and other county officers. Since 1971 the Legislature has delegated this responsibility to the county via RCW 36.27.060. Additionally, the same RCW also requires the state to pay one-half of the salaries of each elected county prosecuting attorney. The Office of the Treasurer currently remits the state's share to the counties.

Under RCW 2.08.092, the annual salary of a Superior Court judge is set by the Washington Citizens' Commission on Salaries for Elected Officials. As of 2008 the Superior Court Judge's salary was set at $140,979.

Effective July 1, 2008, the state was required to contribute an amount equal to one-half of the salary of a Superior Court judge towards the salary for the county's elected prosecuting attorney. Upon receipt of the state's contribution, each county is required to contribute an amount equal to or greater than the amount it contributed in 2008 towards the elected county prosecutor's salary.

Summary of Bill: The requirement that a county continue to contribute an amount equal to or greater than the amount it contributed in 2008 towards the elected county prosecutor's salary is removed.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.