5050-S.E

AN ACT Relating to local government; amending RCW 14.08.304, 17.10.050, 17.28.140, 27.12.190, 28A.315.540, 28A.320.050, 35.17.108, 35.18.220, 35.22.200, 35.22.205, 35.23.220, 35.24.090, 35.27.130, 35.58.160, 35.61.150, 35.82.040, 35A.12.070, 35A.13.040, 36.62.200, 36.69.110, 36.70.310, 41.04.180, 43.52.374, 52.14.010, 53.08.170, 53.08.175, 53.08.176, 53.12.260, 54.12.080, 56.08.100, 56.12.010, 57.08.100, 57.12.010, 68.52.220, 70.44.050, 70.94.130, 70.94.240, 85.05.410, 85.06.380, 85.08.320, 85.24.080, 86.09.283, 87.03.160, 87.03.460, 89.08.200, and 89.30.298; reenacting and amending RCW 28A.400.350; adding a new section to chapter 17.04 RCW; adding a new section to chapter 17.06 RCW; adding new sections to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 36.17 RCW; and adding new sections to chapter 36.100 RCW.

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

Sec. 1. RCW 14.08.304 and 1979 ex.s. c 126 s 3 are each amended to read as follows:

The board of airport district commissioners shall consist of three members, who ((~~shall each be a~~)) are registered voters and ((~~actually a~~)) residents of the district. The first commissioners shall be appointed by the county legislative authority. At the next general district election, held as provided in RCW 29.13.020, three airport district commissioners shall be elected. The term of office of airport district commissioners shall be two years, or until their successors are elected and qualified and have assumed office in accordance with RCW 29.04.170. Members of the board of airport district commissioners shall be elected at each regular general election on a nonpartisan basis. ((~~They shall be nominated by petition of ten registered voters of the district.~~)) Vacancies on the board of airport district commissioners shall be filled by appointment by the remaining commissioners. Members of the board of airport district commissioners shall receive no compensation for their services, but ((~~shall be reimbursed for actual necessary traveling and sustenance expenses incurred while engaged on official business~~)) are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each member's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

NEW SECTION. Sec. 2. A new section is added to chapter 17.04 RCW to read as follows:

The directors of a weed district shall receive no compensation for their services, except that a director who is appointed to act as secretary may be compensated in accordance with RCW 17.04.070. The directors are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each director's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

NEW SECTION. Sec. 3. A new section is added to chapter 17.06 RCW to read as follows:

The directors of an intercounty weed district shall receive no compensation for their services, except that a director who is appointed to act as secretary may be compensated in accordance with RCW 17.06.050. The directors are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each director's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

Sec. 4. RCW 17.10.050 and 1987 c 438 s 4 are each amended to read as follows:

(1) Each activated county noxious weed control board shall consist of five voting members ((~~who shall be~~)) appointed by the county legislative authority. In appointing such voting members, the county legislative authority shall divide the county into five sections, none of which shall overlap and each of which shall be of the same approximate area, and shall appoint a voting member from each section. At least four of the voting members shall be engaged in the primary production of agricultural products. There shall be one nonvoting member on such board who shall be the chief county extension agent or an extension agent appointed by the chief county extension agent. Each voting member of the board shall serve a term of four years, except that the county legislative authority shall, when a board is first activated under this chapter, designate two voting members to serve terms of two years. The board members shall not receive a salary but ((~~shall be compensated for actual and necessary expenses incurred in the performance of their official duties~~)) are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each member's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

(2) The voting members of the board shall represent the same sections designated by the county legislative authority in appointing members to the board at its inception and shall serve until their replacements are appointed. New members of the board shall be appointed at least thirty days prior to the expiration of any board member's term of office.

Notice of expiration of a term of office shall be published at least twice in a weekly or daily newspaper of general circulation in ((~~said~~)) the section with last publication occurring at least ten days prior to the nomination. All persons interested in appointment to the board and residing in the section with a pending nomination shall make a written application ((~~that includes the signatures of at least ten registered voters residing in the section supporting the nomination~~)) to the county noxious weed control board. After nominations close, the county noxious weed control board shall, after a hearing, send the applications to the county legislative authority recommending the names of the most qualified candidates, and shall post the names of those nominees in the county courthouse and in three places in the section. The county legislative authority, within ten days of receiving the list of nominees, shall appoint one of those nominees to the county noxious weed control board to represent that section during that term of office.

(3) Within thirty days after all the members have been appointed, the board shall conduct its first meeting. A majority of the voting members of the board shall constitute a quorum for the transaction of business and shall be necessary for any action taken by the board. The board shall elect from its members a chairperson and such other officers as may be necessary.

(4) In case of a vacancy occurring in any voting position on a county noxious weed control board, the county legislative authority of the county in which such board is located shall appoint a qualified person to fill the vacancy for the unexpired term.

Sec. 5. RCW 17.28.140 and 1957 c 153 s 14 are each amended to read as follows:

The members of the first district board shall meet on the first Monday subsequent to thirty days after the filing with the secretary of state of the certificate of incorporation of the district. They shall organize by the election of one of their members as president and one as secretary.

The members of the district board shall serve without compensation; but the ((~~necessary expenses of each member for actual traveling in connection with meetings or business of the board may be allowed and paid~~)) members are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each member's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

The secretary shall receive such compensation as shall be fixed by the district board.

Sec. 6. RCW 27.12.190 and 1982 c 123 s 8 are each amended to read as follows:

The management and control of a library shall be vested in a board of either five or seven trustees as hereinafter in this section provided. In cities and towns five trustees shall be appointed by the mayor with the consent of the legislative body. In counties, rural county library districts, and island library districts, five trustees shall be appointed by the board of county commissioners. In a regional library district a board of either five or seven trustees shall be appointed by the joint action of the legislative bodies concerned. In intercounty rural library districts a board of either five or seven trustees shall be appointed by the joint action of the boards of county commissioners of each of the counties included in a district. The first appointments for boards comprised of but five trustees shall be for terms of one, two, three, four, and five years respectively, and thereafter a trustee shall be appointed annually to serve for five years. The first appointments for boards comprised of seven trustees shall be for terms of one, two, three, four, five, six, and seven years respectively, and thereafter a trustee shall be appointed annually to serve for seven years. No person shall be appointed to any board of trustees for more than two consecutive terms. Vacancies shall be filled for unexpired terms as soon as possible in the manner in which members of the board are regularly chosen.

A library trustee shall not receive a salary or other compensation for services as trustee, but ((~~necessary expenses actually incurred shall be paid from the library funds~~)) trustees are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each trustee's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

A library trustee in the case of a city or town may be removed only by vote of the legislative body. A trustee of a county library, a rural county library district library, or an island library district library may be removed for just cause by the county commissioners after a public hearing upon a written complaint stating the ground for removal, which complaint, with a notice of the time and place of hearing, shall have been served upon the trustee at least fifteen days before the hearing. A trustee of an intercounty rural library district may be removed by the joint action of the board of county commissioners of the counties involved in the same manner as provided herein for the removal of a trustee of a county library.

Sec. 7. RCW 28A.315.540 and 1987 c 307 s 2 are each amended to read as follows:

Each member of the board of directors of a school district may receive compensation of ((~~fifty~~)) sixty-six dollars per day or portion thereof for attending board meetings and for performing other services on behalf of the school district, not to exceed ((~~four~~)) six thousand ((~~eight~~)) three hundred fifty dollars per year, if the district board of directors has authorized by board resolution, at a regularly scheduled meeting, the provision of such compensation. A board of directors of a school district may authorize such compensation only from locally collected excess levy funds available for that purpose, and compensation for board members shall not cause the state to incur any present or future funding obligation.

Any director may waive all or any portion of his or her compensation under this section as to any month or months during his or her term of office, by a written waiver filed with the district as provided in this section. The waiver, to be effective, must be filed any time after the director's election and before the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

The compensation provided in this section shall be in addition to any reimbursement for expenses paid to such directors by the school district.

Sec. 8. RCW 28A.320.050 and 1977 c 73 s 1 are each amended to read as follows:

((~~The actual expenses of~~)) School directors ((~~in going to, returning from and attending upon directors' meetings or other meetings called or held pursuant to statute shall be paid~~)) are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each director's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW. Likewise, the expenses of school superintendents and other school representatives chosen by the directors to attend any conferences or meetings or to attend to any urgent business at the behest of the state superintendent of public instruction or the board of directors shall be paid((. The board of directors may pay the actual and necessary expenses for travel, lodging and meals a superintendent candidate incurs when he or she attends an employment interview in the school district. The school directors, school superintendents, other school representatives or superintendent candidates may be advanced sufficient sums to cover their anticipated expenses in accordance with rules and regulations promulgated by the state auditor and which shall substantially conform to the procedures provided in RCW 43.03.150 through 43.03.210)) in accordance with chapter 42.24 RCW.

Sec. 9. RCW 28A.400.350 and 1990 1st ex.s. c 11 s 3 and 1990 c 74 s 1 are each reenacted and amended to read as follows:

(1) The board of directors of any of the state's school districts may make available liability, life, health, health care, accident, disability and salary protection or insurance or any one of, or a combination of the enumerated types of insurance, or any other type of insurance or protection, for the members of the boards of directors, the students, and employees of the school district, and their dependents. Such coverage may be provided by contracts with private carriers, with the state health care authority after July 1, 1990, pursuant to the approval of the authority administrator, or through self-insurance or self-funding pursuant to chapter 48.62 RCW, or in any other manner authorized by law.

(2) Whenever funds are available for these purposes the board of directors of the school district may contribute all or a part of the cost of such protection or insurance for the employees of their respective school districts and their dependents. The premiums on such liability insurance shall be borne by the school district.

After October 1, 1990, school districts may not contribute to any employee protection or insurance other than liability insurance unless the district's employee benefit plan conforms to RCW 28A.400.275 and 28A.400.280.

(3) For ((~~school board members and~~)) students, the premiums due on such protection or insurance shall be ((~~borne~~)) paid by the assenting ((~~school board member or~~)) student: PROVIDED, That the school district may contribute all or part of the costs, including the premiums, of life, health, health care, accident or disability insurance which shall be offered to all students participating in interschool activities on the behalf of or as representative of their school or school district. The school district board of directors may require any student participating in extracurricular interschool activities to, as a condition of participation, document evidence of insurance or purchase insurance that will provide adequate coverage, as determined by the school district board of directors, for medical expenses incurred as a result of injury sustained while participating in the extracurricular activity. In establishing such a requirement, the district shall adopt regulations for waiving or reducing the premiums of such coverage as may be offered through the school district to students participating in extracurricular activities, for those students whose families, by reason of their low income, would have difficulty paying the entire amount of such insurance premiums. The district board shall adopt regulations for waiving or reducing the insurance coverage requirements for low-income students in order to assure such students are not prohibited from participating in extracurricular interschool activities.

(4) School board members shall pay the premiums due on such protection or insurance, except the school district shall pay the premiums for liability insurance. The amount and type of insurance made available to board members may not exceed the insurance made available to the school district employees except for liability insurance.

(5) All contracts for insurance or protection written to take advantage of the provisions of this section shall provide that the beneficiaries of such contracts may utilize on an equal participation basis the services of those practitioners licensed pursuant to chapters 18.22, 18.25, 18.53, 18.57, and 18.71 RCW.

NEW SECTION. Sec. 10. A new section is added to chapter 35.21 RCW to read as follows:

Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated city or town, the first councilmembers shall be entitled to compensation as follows:

(1) In cities with a population of twenty thousand or more inhabitants, a councilmember shall receive a salary of four hundred dollars per calendar month;

(2) In cities with a population of at least ten thousand but less than twenty thousand inhabitants, a councilmember shall receive a salary of one hundred fifty dollars per calendar month;

(3) In cities with a population of at least one thousand five hundred but less than ten thousand inhabitants, a councilmember shall receive a salary of seventy-five dollars per calendar month;

(4) In cities with a population of less than one thousand five hundred inhabitants, a councilmember shall receive twenty dollars per meeting for not more than two meetings per month; and

(5) The mayor, in addition to the compensation he or she receives as a councilmember, is entitled to receive an additional amount per calendar month equal to twenty-five percent of the councilmember's salary.

Compensation provided under this section shall remain in effect only until a salary ordinance is passed and becomes effective as to the elective officers. The compensation provided in this section shall not be construed as fixing the usual compensation of such officers.

NEW SECTION. Sec. 11. A new section is added to chapter 35.21 RCW to read as follows:

The mayor and members of the city or town council are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from the councilmember's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

NEW SECTION. Sec. 12. A new section is added to chapter 35.21 RCW to read as follows:

Any member of a city or town council may waive all or any portion of his or her compensation that is payable to the councilmember as to any month or months during his or her term of office, by filing a written waiver with the council. The waiver, to be effective, must be filed at any time after the member's selection and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

NEW SECTION. Sec. 13. A new section is added to chapter 35A.21 RCW to read as follows:

Any member of a city council may waive all or any portion of his or her compensation that is payable to the councilmember as to any month or months during his or her term of office, by filing a written waiver with the council. The waiver, to be effective, must be filed at any time after the member's selection and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

Sec. 14. RCW 35.17.108 and 1967 c 100 s 1 are each amended to read as follows:

The annual salaries or compensation of the mayor and the commissioners of any city operating under a commission form of government shall be as fixed by ((~~charter or~~)) ordinance of ((~~said~~)) the city. Until a salary ordinance can be passed and become effective in a newly incorporated city, the first councilmembers shall be compensated in accordance with section 10 of this act. Councilmembers are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each councilmember's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW. The power and authority conferred by this section shall be construed as in addition and supplemental to powers or authority conferred by any other law, and nothing contained herein shall be construed as limiting any other powers or authority of any such city.

Sec. 15. RCW 35.18.220 and 1965 c 7 s 35.18.220 are each amended to read as follows:

Each member of the council shall receive such salary or compensation as may be provided by ((~~law to cities of the class to which it belongs~~)) city ordinance. Until a salary ordinance can be passed and become effective in a newly incorporated city, the first councilmembers shall be compensated in accordance with section 10 of this act. Councilmembers are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each councilmember's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW. The city manager and other officers or assistants shall receive such salary or compensation as the council shall fix by ordinance and shall be payable at such times as the council may determine.

Sec. 16. RCW 35.22.200 and 1965 ex.s. c 47 s 13 are each amended to read as follows:

The legislative powers of a charter city shall be vested in a mayor and a city council, to consist of such number of members and to have such powers as may be provided for in its charter. The charter may provide for direct legislation by the people through the initiative and referendum upon any matter within the scope of the powers, functions, or duties of the city. The mayor and council and such other elective officers as may be provided for in such charter shall be elected at such times and in such manner as provided in Title 29 RCW, and for such terms and shall perform such duties ((~~and receive such compensation~~)) as may be prescribed in the charter.

Sec. 17. RCW 35.22.205 and 1965 c 7 s 35.22.205 are each amended to read as follows:

The salary or compensation and the time to be devoted to the performance of the duties of the mayor and elected officials of all cities of the first class shall be as fixed by ordinance of ((~~said~~)) the city irrespective of any city charter provisions. Until a salary ordinance can be passed and become effective in a newly incorporated city, the first councilmembers shall be compensated in accordance with section 10 of this act. Councilmembers are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each councilmember's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

Sec. 18. RCW 35.23.220 and 1969 ex.s. c 270 s 7 are each amended to read as follows:

The city council shall fix the salary or compensation of all ((~~officials (except library trustees who shall serve without compensation and any other officer~~)) officers by ordinance except where provision is made by this title that such officer shall serve without compensation(())). Until a salary ordinance can be passed and become effective in a newly incorporated city, the first councilmembers shall be compensated in accordance with section 10 of this act. Councilmembers are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each councilmember's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

No officer shall be allowed any extra or additional compensation, either directly or indirectly, for the rendition of services that the city council have authority to require of him or her by virtue of his or her office.

Library trustees shall serve without compensation, but library trustees are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each trustee's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

The salaries of all city officers shall be paid monthly.

Sec. 19. RCW 35.24.090 and 1990 c 212 s 1 are each amended to read as follows:

The mayor and the members of the city council may be reimbursed for actual expenses incurred in the discharge of their official duties, ((upon presentation of a claim therefor, after allowance and approval thereof, by resolution of the city council; and each city councilmember may be paid for attending council meetings an amount which shall be fixed by ordinance and may be revised from time to time by ordinance, but any increase or reduction in the compensation attaching to an office shall not be applicable to the term then being served by the incumbent)) including subsistence and lodging while away from the councilmember's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

The city attorney, clerk and treasurer, if elective, shall severally receive at stated times a compensation to be fixed by ordinance by the city council.

The mayor and other officers shall receive such salary or compensation as may be fixed by the city council ((~~at the time the estimates are made as provided~~)) by ((~~law~~)) ordinance. Until a salary ordinance can be passed and become effective in a newly incorporated city, the first councilmembers shall be compensated in accordance with section 10 of this act.

Any city that provides a pension for any of its employees under a plan not administered by the state must notify the state auditor of the existence of the plan at the time of an audit of the city by the auditor. No city may establish a pension plan for its employees that is not administered by the state, except that any defined contribution plan in existence as of January 1, 1990, is deemed to have been authorized. No city that provides a defined contribution plan for its employees as authorized by this section may make any material changes in the terms or conditions of the plan after June 7, 1990.

Sec. 20. RCW 35.27.130 and 1990 c 212 s 2 are each amended to read as follows:

The mayor and members of the town council may be reimbursed for actual expenses incurred in the discharge of their official duties ((~~upon presentation of a claim therefor and its allowance and approval by resolution of the town council~~)), including subsistence and lodging while away from the councilmember's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW. The mayor and members of the council may also receive such salary or compensation as the council may fix by ordinance. Until a salary ordinance can be passed and become effective in a newly incorporated city, the first councilmembers shall be compensated in accordance with section 10 of this act.

The treasurer and treasurer-clerk shall severally receive at stated times a compensation to be fixed by ordinance.

The compensation of all other officers shall be fixed from time to time by the council.

Any town that provides a pension for any of its employees under a plan not administered by the state must notify the state auditor of the existence of the plan at the time of an audit of the town by the auditor. No town may establish a pension plan for its employees that is not administered by the state, except that any defined contribution plan in existence as of January 1, 1990, is deemed to have been authorized. No town that provides a defined contribution plan for its employees as authorized by this section may make any material changes in the terms or conditions of the plan after June 7, 1990.

Sec. 21. RCW 35.58.160 and 1985 c 330 s 1 are each amended to read as follows:

The chairman and committee chairmen of the metropolitan council except elected public officials serving on a full-time salaried basis may receive such compensation as the other members of the metropolitan council shall provide. Members of the council other than the chairman and committee chairmen shall receive compensation of ((~~fifty~~)) sixty-six dollars per day or portion thereof for attendance at metropolitan council or committee meetings, or for performing other services on behalf of the metropolitan municipal corporation, but not exceeding a total of ((~~four~~)) six thousand ((~~eight~~)) three hundred fifty dollars in any year, in addition to any compensation which they may receive as officers of component cities or counties: PROVIDED, That elected public officers serving in such capacities on a full-time basis shall not receive compensation for attendance at metropolitan, council, or committee meetings, or otherwise performing services on behalf of the metropolitan municipal corporation: PROVIDED FURTHER, That committee chairmen shall not receive compensation in any one year greater than one-third of the compensation authorized for the county commissioners or county councilmen of the central county.

Any member of the council may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the council as provided in this section. The waiver, to be effective, must be filed any time after the member's selection and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

((~~All members of the council shall be reimbursed for expenses actually incurred by them in the conduct of official business for the metropolitan municipal corporation.~~)) Councilmembers are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each councilmember's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

Sec. 22. RCW 35.61.150 and 1965 c 7 s 35.61.150 are each amended to read as follows:

Metropolitan park commissioners shall perform their duties without compensation. Park commissioners are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each commissioner's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

NEW SECTION. Sec. 23. A new section is added to chapter 35.63 RCW to read as follows:

Members of a city or county planning commission created under this chapter, or of a regional planning commission created under this chapter, are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each member's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

Sec. 24. RCW 35.82.040 and 1965 c 7 s 35.82.040 are each amended to read as follows:

When the governing body of a city adopts a resolution as ((~~aforesaid~~)) provided in RCW 35.82.030, it shall promptly notify the mayor of such adoption. Upon receiving such notice, the mayor shall appoint five persons as commissioners of the authority created for ((~~said~~)) the city. When the governing body of a county adopts a resolution as ((~~aforesaid, said~~)) provided in RCW 35.82.030, the body shall appoint five persons as commissioners of the authority created for ((~~said~~)) the county. The commissioners who are first appointed shall be designated to serve for terms of one, two, three, four and five years, respectively, from the date of their appointment, but thereafter commissioners shall be appointed ((~~as aforesaid~~)) for a term of office of five years except that all vacancies shall be filled for the unexpired term. No commissioner of an authority may be an officer or employee of the city or county for which the authority is created. A commissioner shall hold office until his or her successor has been appointed and has qualified, unless sooner removed according to this chapter. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. A commissioner shall receive no compensation for his or her services for the authority, in any capacity, but ((~~he shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties~~)) commissioners are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each commissioner's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

The powers of each authority shall be vested in the commissioners thereof in office from time to time. Three commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the commissioners present, unless in any case the bylaws of the authority shall require a larger number. The mayor (or in the case of an authority for a county, the governing body of the county) shall designate which of the commissioners appointed shall be the first chairman and he or she shall serve in the capacity of chairman until the expiration of his or her term of office as commissioner. When the office of the chairman of the authority thereafter becomes vacant, the authority shall select a chairman from among its commissioners. An authority shall select from among its commissioners a vice chairman, and it may employ a secretary (who shall be executive director), technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may call upon the chief law officer of the city or the county or may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper.

Sec. 25. RCW 35A.12.070 and 1971 ex.s. c 251 s 5 are each amended to read as follows:

The salaries of the mayor and the councilmen shall be fixed by ordinance and may be revised from time to time by ordinance, but any increase in the compensation attaching to an office shall not be applicable to the term then being served by the incumbent if such incumbent is a member of the city legislative body fixing his or her own compensation or as mayor in a mayor-council code city casts a tie-breaking vote relating to such ordinance: PROVIDED, That if the mayor of such a city does not cast such a vote, his or her salary may be increased during his or her term of office.

Until the first elective officers under this mayor-council plan of government may lawfully be paid the compensation provided by such salary ordinance, such officers shall be entitled to be compensated in the same manner and in the same amount as the compensation paid to officers of such city performing comparable services immediately prior to adoption of this mayor-council plan.

Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city, such first officers ((~~shall be~~)) are entitled to compensation as follows: In cities having less than five thousand inhabitants, the mayor ((~~shall be~~)) is entitled to a salary of one hundred and fifty dollars per calendar month and a councilman ((~~shall be~~)) is entitled to twenty dollars per meeting for not more than two meetings per month; in cities having more than five thousand but less than fifteen thousand inhabitants, the mayor ((~~shall be~~)) is entitled to a salary of three hundred and fifty dollars per calendar month and a councilman ((~~shall be~~)) is entitled to one hundred and fifty dollars per calendar month; in cities having more than fifteen thousand inhabitants, the mayor ((~~shall be~~)) is entitled to a salary of twelve hundred and fifty dollars per calendar month and a councilman ((~~shall be~~)) is entitled to four hundred dollars per calendar month: PROVIDED, That such interim compensation shall remain in effect only until a salary ordinance is passed and becomes effective as to such officers, and the amounts herein provided shall not be construed as fixing the usual salary of such officers. The mayor and councilmen shall receive reimbursement for their actual and necessary expenses incurred in the performance of the duties of their office, ((~~or the council by ordinance may provide for a per diem allowance~~)) including subsistence and lodging while away from the councilmember's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW. Procedure for approval of claims for expenses shall be as provided by ordinance.

Sec. 26. RCW 35A.13.040 and 1979 ex.s. c 18 s 25 are each amended to read as follows:

The salaries of the councilmen, including the mayor, shall be fixed by ordinance and may be revised from time to time by ordinance, but any increase or reduction in the compensation attaching to an office shall not become effective until the expiration of the term then being served by the incumbent: PROVIDED, That compensation of councilmen may not be increased or diminished after their election nor may the compensation of the mayor be increased or diminished after the mayor has been chosen by the council.

Until councilmen of a newly((-))organized council-manager code city may lawfully be paid as provided by salary ordinance, such councilmen ((~~shall be~~)) are entitled to compensation in the same manner and in the same amount as councilmen of such city prior to the adoption of this council-manager plan.

Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city, the first councilmen ((~~shall be~~)) are entitled to compensation as follows: In cities having less than five thousand inhabitants‑-twenty dollars per meeting for not more than two meetings per month; in cities having more than five thousand but less than fifteen thousand inhabitants‑-a salary of one hundred and fifty dollars per calendar month; in cities having more than fifteen thousand inhabitants‑-a salary of four hundred dollars per calendar month. A councilman who is occupying the position of mayor, in addition to his or her salary as a councilman, shall be entitled, while serving as mayor, to an additional amount per calendar month, or portion thereof, equal to twenty-five percent of the councilmanic salary: PROVIDED, That such interim compensation shall remain in effect only until a salary ordinance is passed and becomes effective as to such officers, and the compensation provided herein shall not be construed as fixing the usual compensation of such officers. Councilmen shall receive reimbursement for their actual and necessary expenses incurred in the performance of the duties of their office, ((~~or the council by ordinance may provide for a per diem allowance~~)) including subsistence and lodging while away from the councilmember's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW. Procedure for approval of claims for expenses shall be as provided by ordinance.

NEW SECTION. Sec. 27. A new section is added to chapter 36.17 RCW to read as follows:

Any county officer may waive all or any portion of his or her salary or compensation payable under this chapter, or otherwise, as to any month or months during his or her term of office, by filing a written waiver with the county as provided in this section. The waiver, to be effective, must be filed any time after the county officer's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

Sec. 28. RCW 36.62.200 and 1984 c 26 s 17 are each amended to read as follows:

No trustee shall receive any compensation ((~~or emolument whatever~~)) for services as trustee; nor shall any trustee have or acquire any personal interest in any lease or contract whatsoever, made by the county or board of trustees with respect to such hospital or institution((~~: PROVIDED, That~~)). Each member of a board of trustees of a county hospital may be reimbursed for ((travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended: PROVIDED FURTHER, That, in addition, trustees of a county hospital shall be reimbursed for travel expenses for traveling from their home to a trustee meeting at a rate provided for in RCW 43.03.060 as now existing or hereafter amended)) reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from the trustee's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

Sec. 29. RCW 36.69.110 and 1963 c 4 s 36.69.110 are each amended to read as follows:

The park and recreation commissioners shall receive no compensation for their services but ((~~shall receive necessary expenses in attending meetings of the board or when otherwise engaged on district business~~)) are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each commissioner's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

Sec. 30. RCW 36.70.310 and 1963 c 4 s 36.70.310 are each amended to read as follows:

Members of planning agencies shall inform themselves on matter affecting the functions and duties of planning agencies. For that purpose, and when authorized, such members may attend planning conferences, meetings of planning executives or of technical bodies; hearings on planning legislation or matters relating to the work of the planning agency. The reasonable travel expenses, registration fees and other costs incident to such attendance at such meetings and conferences shall be charges upon the funds allocated to the planning agency. In addition, members of a commission ((~~may also receive reasonable travel expenses to and from their usual place of business to the place of a regular meeting of the commission~~)) are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each member's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW. The planning agency may, when authorized, pay dues for membership in organizations specializing in the subject of planning. The planning agency may, when authorized, subscribe to technical publications pertaining to planning.

NEW SECTION. Sec. 31. A new section is added to chapter 36.100 RCW to read as follows:

The board of directors of the district shall adopt a resolution to establish methods and amounts of reimbursement payable to such district officials and employees for travel and other business expenses incurred on behalf of the district. The resolution shall, among other things, establish procedures for approving such expenses; the form of the travel and expense voucher; and requirements governing the use of credit cards issued in the name of the district. Such resolution may also establish procedures for payment of per diem to board members. The state auditor shall, as provided by general law, cooperate with the district in establishing adequate procedures for regulating and auditing the reimbursement of all such expenses.

NEW SECTION. Sec. 32. A new section is added to chapter 36.100 RCW to read as follows:

The board of directors may authorize payment of actual and necessary expenses of officers and employees for lodging, meals, and travel-related costs incurred when attending meetings or conferences on behalf of the district and strictly in the public interest and for public purposes. Officers and employees may be advanced sufficient sums to cover their anticipated expenses in accordance with rules and regulations promulgated by the state auditor and which shall substantially conform to the procedures provided in RCW 43.03.150 through 43.03.210.

NEW SECTION. Sec. 33. A new section is added to chapter 36.100 RCW to read as follows:

Each member of the board of directors of the district may receive compensation of sixty-six dollars per day for attending meetings or conferences on behalf of the district, not to exceed three thousand dollars per year, if the district board of directors has authorized by board resolution, at a regularly scheduled meeting, the provision of such compensation. Any director may waive all or any portion of his or her compensation under this section as to any month or months during his or her term of office, by a written waiver filed with the district. The compensation provided in this section shall be in addition to any reimbursement for expenses paid to such directors by the district.

NEW SECTION. Sec. 34. A new section is added to chapter 36.100 RCW to read as follows:

The board of directors of the district may purchase liability insurance with such limits as they may deem reasonable for the purpose of protecting and holding personally harmless district officers and employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties.

NEW SECTION. Sec. 35. A new section is added to chapter 36.100 RCW to read as follows:

Whenever any action, claim or proceeding is instituted against any person who is or was an officer or employee of the district arising out of the performance of duties for or employment with the district, the district may grant a request by such person that the attorney of the district's choosing be authorized to defend said claim, suit or proceeding, and the costs of defense, attorney's fees, and any obligation for payments arising from such action may be paid from the district's funds: PROVIDED, That costs of defense and/or judgment or settlement against such person shall not be paid in any case where the court has found that such person was not acting in good faith or within the scope of employment with or duties for the district.

NEW SECTION. Sec. 36. A new section is added to chapter 36.100 RCW to read as follows:

The district shall have authority to create and fill positions, to fix wages, salaries and bonds therefor, to pay costs involved in securing or arranging to secure employees, and to establish such benefits for employees, including holiday pay, vacations or vacation pay, retirement benefits, medical, life, accident, or health disability insurance, as approved by the board. District board members, at their own expense, shall be entitled to medical, life, accident or health disability insurance: PROVIDED, That said insurance for employees and board members shall not be considered compensation. District coverage for the board is not to exceed that provided district employees.

Sec. 37. RCW 41.04.180 and 1991 sp.s. c 30 s 18 are each amended to read as follows:

Any county, municipality, or other political subdivision of the state acting through its principal supervising official or governing body may, whenever funds shall be available for that purpose provide for all or a part of hospitalization and medical aid for its employees and their dependents through contracts with regularly constituted insurance carriers or with health care service contractors as defined in chapter 48.44 RCW or self-insurers as provided for in chapter 48.62 RCW, for group hospitalization and medical aid policies or plans: PROVIDED, That any county, municipality, or other political subdivision of the state acting through its principal supervising official or governing body shall provide the employees thereof a choice of policies or plans through contracts with not less than two regularly constituted insurance carriers or health care service contractors or other health care plans, including but not limited to, trusts of self-insurance as provided for in chapter 48.62 RCW: AND PROVIDED FURTHER, That any county may provide such hospitalization and medical aid to county elected officials and their dependents on the same basis as such hospitalization and medical aid is provided to other county employees and their dependents((~~: PROVIDED FURTHER, That provision~~)). The amount and type of insurance made available to county elected officials may not exceed the insurance made available to county employees except for liability insurance. The provision of insurance for school district personnel shall not be made under this section but shall be as provided for in RCW 28A.400.350.

Sec. 38. 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 of one thousand eighty-five dollars per month from the operating agency ((~~at a rate set by the board of directors~~)). Members of the executive board are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each member's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW. Due to the additional responsibilities of the chairperson of the executive board, the chairperson shall be entitled to twice the salary and compensation available to other board members.

(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~~)) of one thousand eighty-five dollars per month;

(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) In addition to salary, the board of directors of the operating agency may provide by resolution for the payment of per diem compensation to each member of the executive board at a rate of sixty-six dollars for each day or major part thereof devoted to the business of the operating agency and days upon which he or she attends meetings on behalf of the operating agency, but such compensation paid during any one year to a member of the executive board shall not exceed nine thousand nine hundred dollars.

(3) 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)~~)) (4) 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)~~)) (5) 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)~~)) (6) 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)~~)) (7) 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)~~)) (8) 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.

Sec. 39. RCW 52.14.010 and 1985 c 330 s 2 are each amended to read as follows:

The affairs of the district shall be managed by a board of fire commissioners composed of three resident electors of the district except as provided in RCW 52.14.015 and 52.14.020. Each member shall each receive ((~~fifty~~)) sixty-six dollars per day or portion thereof, not to exceed ((~~four~~)) six thousand ((~~eight~~)) three hundred fifty dollars per year, for attendance at board meetings and for performance of other services in behalf of the district.

In addition, they ((~~shall receive necessary expenses incurred in attending meetings of the board or when otherwise engaged in district business, and shall be~~)) are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each member's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW. Fire commissioners are entitled to receive the same insurance available to all firemen of the district((~~: PROVIDED, That~~)). The premiums for such insurance, except liability insurance, shall be paid by the individual commissioners who elect to receive it. The amount and type of insurance made available to commissioners may not exceed the insurance made available to the fire fighters except for liability insurance.

Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the secretary as provided in this section. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which ((~~said~~)) the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

The board shall fix the compensation to be paid the secretary and all other agents and employees of the district. The board may, by resolution adopted by unanimous vote, authorize any of its members to serve as volunteer firemen without compensation. A commissioner actually serving as a volunteer fireman may enjoy the rights and benefits of a volunteer fireman. The first commissioners shall take office immediately when qualified in accordance with RCW 29.01.135 and shall serve until after the next general election for the selection of commissioners and until their successors have been elected and have qualified and have assumed office in accordance with RCW 29.04.170.

Sec. 40. RCW 53.08.170 and 1991 sp.s. c 30 s 22 are each amended to read as follows:

The port commission shall have authority to create and fill positions, to fix wages, salaries and bonds thereof, to pay costs and assessments involved in securing or arranging to secure employees, and to establish such benefits for employees, including holiday pay, vacations or vacation pay, retirement and pension benefits, medical, surgical or hospital care, life, accident, or health disability insurance, and similar benefits, already established by other employers of similar employees, as the port commissioner shall by resolution provide((~~: PROVIDED, That~~)). Any district providing insurance benefits for its employees ((in any manner whatsoever may provide health and accident insurance, life insurance with coverage not to exceed that provided district employees, and business related travel, liability, and errors and omissions insurance, for its commissioners, which insurance shall not be considered to be compensation)) may provide insurance to the port commissioners. The amount and type of insurance made available to port commissioners may not exceed the insurance coverage provided to port district employees except for liability insurance.

Subject to chapter 48.62 RCW, the port commission shall have authority to provide or pay such benefits directly, or to provide for such benefits by the purchase of insurance policies or entering into contracts with and compensating any person, firm, agency or organization furnishing such benefits, or by making contributions to vacation plans or funds, or health and welfare plans and funds, or pension plans or funds, or similar plans or funds, already established by other employers of similar employees and in which the port district is permitted to participate for particular classifications of its employees by the trustees or other persons responsible for the administration of such established plans or funds: PROVIDED FURTHER, That no port district employee shall be allowed to apply for admission to or be accepted as a member of the state employees' retirement system after January 1, 1965, if admission to such system would result in coverage under both a private pension system and the state employees' retirement system, it being the purpose of this proviso that port districts shall not at the same time contribute for any employee to both a private pension or retirement plan and to the state employees' retirement system. The port commission shall have authority by resolution to utilize and compensate agents for the purpose of paying, in the name and by the check of such agent or agents or otherwise, wages, salaries and other benefits to employees, or particular classifications thereof, and for the purpose of withholding payroll taxes and paying over tax moneys so withheld to appropriate government agencies, on a combined basis with the wages, salaries, benefits, or taxes of other employers or otherwise; to enter into such contracts and arrangements with and to transfer by warrant such funds from time to time to any such agent or agents so appointed as are necessary to accomplish such salary, wage, benefit, or tax payments as though the port district were a private employer, notwithstanding any other provision of the law to the contrary. The funds of a port district transferred to such an agent or agents for the payment of wages or salaries of its employees in the name or by the check of such agent or agents shall be subject to garnishment with respect to salaries or wages so paid, notwithstanding any provision of the law relating to municipal corporations to the contrary.

Sec. 41. RCW 53.08.175 and 1965 c 101 s 1 are each amended to read as follows:

Employees, officers, and commissioners of port districts ((~~shall, when engaged in official business of the port district, be entitled to receive their necessary and reasonable travel and other business expenses incurred on behalf of the port district~~)) are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each employee's, officer's, or commissioner's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW. Reimbursement of such expenses may be granted, whether incurred within or without the port district, when submitted on a voucher with appropriate evidence of payment by such employee or official.

Sec. 42. RCW 53.08.176 and 1965 c 101 s 2 are each amended to read as follows:

Each port district shall adopt a resolution ((~~(which may be amended from time to time) which shall establish~~)) establishing the basic rules and regulations governing methods and amount of reimbursement payable to such port officials and employees for travel and other business expenses incurred on behalf of the district. The resolution shall, among other things, establish procedures for approving such expenses; set forth the method of authorizing the direct purchase of transportation; the form of the voucher; and requirements governing the use of credit cards issued in the name of the port district. ((Such regulations may provide for payment of per diem in lieu of actual expenses when travel requires overnight lodging: PROVIDED, That in all cases any per diem payment shall not exceed twenty-five dollars per day.)) The state auditor shall, as provided by general law, cooperate with the port district in establishing adequate procedures for regulating and auditing the reimbursement of all such expenses.

Sec. 43. RCW 53.12.260 and 1992 c 146 s 12 are each amended to read as follows:

(1) Each commissioner of a port district shall receive ((~~fifty~~)) sixty-six dollars per day or portion thereof spent (a) in actual attendance at official meetings of the port district commission, or (b) in performance of other service in behalf of the district. The total per diem compensation of a port commissioner shall not exceed ((~~four~~)) six thousand ((~~eight~~)) three hundred fifty dollars in a year, or ((~~six~~)) seven thousand nine hundred fifty dollars in any year for a port district with gross operating income of twenty-five million or more in the preceding calendar year.

(2) Port commissioners shall receive additional compensation as follows: (a) Each commissioner of a port district with gross operating revenues of twenty-five million dollars or more in the preceding calendar year shall receive a salary of five hundred dollars per month; and (b) each commissioner of a port district with gross operating revenues of from one million dollars to less than twenty-five million dollars in the preceding calendar year shall receive a salary of two hundred dollars per month.

(3) In lieu of the compensation specified in this section, a port commission may set compensation to be paid to commissioners.

(4) For any commissioner who has not elected to become a member of public employees retirement system before May 1, 1975, the compensation provided pursuant to this section shall not be considered salary for purposes of the provisions of any retirement system created pursuant to the general laws of this state nor shall attendance at such meetings or other service on behalf of the district constitute service as defined in RCW 41.40.010(9): PROVIDED, That in the case of a port district when commissioners are receiving compensation and contributing to the public employees retirement system, these benefits shall continue in full force and effect notwithstanding the provisions of RCW 53.12.260 and 53.12.265.

Sec. 44. RCW 54.12.080 and 1985 c 330 s 4 are each amended to read as follows:

(1) Each public utility district commissioner of a district operating utility properties shall receive a salary during a calendar year which shall depend upon the total gross revenue of the district from its distribution system and its generating system, if any, for the fiscal year ending June 30th prior to such calendar year, based upon the following schedule:

REVENUE SALARY

OVER $15 million $((~~500~~)) 1085 per month

$2 to 15 million $((~~350~~)) 760 per month

Commissioners of other districts shall serve without salary unless the district provides by resolution for the payment thereof, which however shall not exceed ((~~two~~)) four hundred thirty-five dollars per month for each commissioner. In addition to salary, all districts may provide by resolution for the payment of per diem compensation to each commissioner at a rate not exceeding ((~~fifty~~)) sixty-six dollars for each day or major part thereof devoted to the business of the district, and days upon which he or she attends meetings of the commission of his or her district or meetings attended by one or more commissioners of two or more districts called to consider business common to them, but such compensation paid during any one year to a commissioner shall not exceed ((~~seven~~)) nine thousand nine hundred dollars. Per diem compensation shall not be paid for services of a ministerial or professional nature.

(2) Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the district as provided in this section. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

(3) Each district commissioner shall be reimbursed for reasonable expenses actually incurred in connection with such business and meetings, including his or her subsistence and lodging and travel while away from his or her place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

(4) Any district providing group insurance for its employees, covering them, their immediate family and dependents, may provide insurance for its commissioner with the same coverage. The amount and type of insurance made available to commissioners may not exceed the insurance made available to employees except for liability insurance.

Sec. 45. RCW 56.08.100 and 1991 sp.s. c 30 s 24 are each amended to read as follows:

Subject to chapter 48.62 RCW, a sewer district, by a majority vote of its board of commissioners, may enter into contracts to provide health care services and/or group insurance and/or term life insurance and/or social security insurance for the benefit of its employees and may pay all or any part of the cost thereof. Any two or more sewer districts or one or more sewer districts and one or more water districts, by a majority vote of their respective boards of commissioners, may, if deemed expedient, join in the procuring of such health care services and/or group insurance and/or term life insurance, and the board of commissioners of each participating sewer and/or water district may by appropriate resolution authorize their respective district to pay all or any portion of the cost thereof.

A sewer district with five thousand or more customers providing health, group, or life insurance to its employees may provide its commissioners with the same coverage((~~: PROVIDED, That the per person amounts for such insurance paid by the district shall not exceed the per person amounts paid by the district for its employees~~)). The amount and type of insurance made available to commissioners may not exceed the insurance made available to employees except for liability insurance.

Sec. 46. RCW 56.12.010 and 1985 c 330 s 5 are each amended to read as follows:

The governing body of a sewer district shall be a board of commissioners consisting of three members. The commissioners shall annually elect one of their number as president and another as secretary of the board.

A district shall provide by resolution for the payment of compensation to each of its commissioners at a rate of ((~~fifty~~)) sixty-six dollars for attending meetings and for each day or portion thereof devoted to the business of the district: PROVIDED, That the compensation for each commissioner shall not exceed ((~~four~~)) six thousand ((~~eight~~)) three hundred fifty dollars per year. In addition, the secretary may be paid a reasonable sum for clerical services.

Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the district as provided in this section. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

No commissioner shall be employed full time by the district. Each commissioner is entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from his or her place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

The board shall by resolution adopt rules governing the transaction of its business and shall adopt an official seal. All proceedings shall be by resolution recorded in a book kept for that purpose, which shall be a public record.

Sec. 47. RCW 57.08.100 and 1991 sp.s. c 30 s 25 are each amended to read as follows:

Subject to chapter 48.62 RCW, a water district, by a majority vote of its board of commissioners, may enter into contracts to provide health care services and/or group insurance and/or term life insurance and/or social security insurance for the benefit of its employees and may pay all or any part of the cost thereof. Any two or more water districts or any one or more water districts and one or more sewer districts, by a majority vote of their respective boards of commissioners, may, if deemed expedient, join in the procuring of such health care services and/or group insurance and/or term life insurance, and the board of commissioners of each participating sewer and/or water district may by appropriate resolution authorize their respective district to pay all or any portion of the cost thereof.

A water district with five thousand or more customers providing health, group, or life insurance to its employees may provide its commissioners with the same coverage((~~: PROVIDED, That the per person amounts for such insurance paid by the district shall not exceed the per person amounts paid by the district for its employees~~)). The amount and type of insurance made available to commissioners may not exceed the insurance made available to employees except for liability insurance.

Sec. 48. RCW 57.12.010 and 1985 c 330 s 6 are each amended to read as follows:

The governing body of a district shall be a board of water commissioners consisting of three members. The board shall annually elect one of its members as president and another as secretary.

Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the district as provided in this section. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

No commissioner shall be employed full time by the district. Each commissioner shall be reimbursed for reasonable expenses actually incurred in connection with such business, including his or her subsistence and lodging, while away from the commissioner's place of residence, and mileage for use of a privately((-))owned vehicle ((~~at the mileage rate authorized in RCW 43.03.060 as now existing or hereafter amended~~)), in accordance with chapter 42.24 RCW.

The date for holding elections and taking office as herein provided shall be subject to the provisions of any consolidated election laws that may be made applicable thereto although previously enacted.

Sec. 49. RCW 68.52.220 and 1990 c 259 s 33 are each amended to read as follows:

The affairs of the district shall be managed by a board of cemetery district commissioners composed of three qualified registered voters of the district. Members of the board shall receive no compensation for their services, but ((~~shall receive expenses necessarily incurred in attending meetings of the board or when otherwise engaged in district business~~)) are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each member's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW. The board shall fix the compensation to be paid the secretary and other employees of the district. The first three cemetery district commissioners shall serve only until the first day in January following the next general election, provided such election occurs thirty or more days after the formation of the district, and until their successors have been elected and qualified and have assumed office in accordance with RCW 29.04.170. At the next general district election, as provided in RCW 29.13.020, provided it occurs thirty or more days after the formation of the district, three members of the board of cemetery commissioners shall be chosen. They and all subsequently elected cemetery commissioners shall have the same qualifications as required of the first three cemetery commissioners and are exempt from the requirements of chapter 42.17 RCW. The candidate receiving the highest number of votes shall serve for a term of six years beginning on the first day in January following; the candidate receiving the next higher number of votes shall serve for a term of four years from the date; and the candidate receiving the next higher number of votes shall serve for a term of two years from the date. Upon the expiration of their respective terms, all cemetery commissioners shall be elected for terms of six years to begin on the first day in January next succeeding the day of election and shall serve until their successors have been elected and qualified and assume office in accordance with RCW 29.04.170. Elections shall be called, noticed, conducted and canvassed and in the same manner and by the same officials as provided for general county elections. The polling places for a cemetery district election shall be those of the county voting precincts which include any of the territory within the cemetery district, and may be located outside the boundaries of the district, and no such election shall be held irregular or void on that account.

Sec. 50. RCW 70.44.050 and 1985 c 330 s 7 are each amended to read as follows:

A district shall provide by resolution for the payment of compensation to each of its commissioners at a rate of ((~~fifty~~)) sixty-six dollars for each day or portion thereof devoted to the business of the district, and days upon which he or she attends meetings of the commission of his or her own district, or meetings attended by one or more commissioners of two or more districts called to consider business common to them, except that the total compensation paid to such commissioner during any one year shall not exceed ((~~four~~)) six thousand ((~~eight~~)) three hundred fifty dollars: PROVIDED, That commissioners may not be compensated for services performed of a ministerial or professional nature.

Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the district as provided in this section. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

Any district providing group insurance for its employees, covering them, their immediate family, and dependents, may provide insurance for its commissioners with the same coverage. The amount and type of insurance made available to commissioners may not exceed the insurance made available to the employees except for liability insurance. Each commissioner ((~~shall~~)) is entitled to be reimbursed for reasonable expenses actually incurred in connection with such business and meetings, including ((~~his~~)) subsistence and lodging ((~~and travel~~)) while away from his or her place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW. No resolution shall be adopted without a majority vote of the whole commission. The commission shall organize by election of its own members of a president and secretary, shall by resolution adopt rules governing the transaction of its business and shall adopt an official seal. All proceedings of the commission shall be by motion or resolution recorded in a book or books kept for such purpose, which shall be public records.

Sec. 51. RCW 70.94.130 and 1991 c 199 s 705 are each amended to read as follows:

The board shall exercise all powers of the authority except as otherwise provided. The board shall conduct its first meeting within thirty days after all of its members have been appointed or designated as provided in RCW 70.94.100. The board shall meet at least ten times per year. All meetings shall be publicly announced prior to their occurrence. All meetings shall be open to the public. A majority of the board shall constitute a quorum for the transaction of business and shall be necessary for any action taken by the board. The board shall elect from its members a chair and such other officers as may be necessary. Any member of the board may designate a regular alternate to serve on the board in his or her place with the same authority as the member when he or she is unable to attend. Each member of the board, or his or her representative, shall receive from the authority compensation ((~~consistent with such authority's rates (but not to exceed one thousand dollars per year)~~)) at a rate of sixty-six dollars per day for ((~~time~~)) attending meetings and for each day or portion of a day spent in the performance of duties under this chapter((~~, plus the actual and necessary expenses incurred by the member in such performance~~)). The total amount of compensation may not exceed one thousand three hundred fifty dollars per calendar year. Any board member may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the authority as provided in this section. The waiver, to be effective, must be filed any time after the board member's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made. In addition, board members are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each board member's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW. The board may appoint a control officer, and any other personnel, and shall determine their salaries, and pay same, together with any other proper indebtedness, from authority funds.

Sec. 52. RCW 70.94.240 and 1991 c 199 s 709 are each amended to read as follows:

The board of any authority may appoint an air pollution control advisory council to advise and consult with such board, and the control officer in effectuating the purposes of this chapter. The council shall consist of at least five appointed members who are residents of the authority and who are preferably skilled and experienced in the field of air pollution control, chemistry, meteorology, public health, or a related field, at least one of whom shall serve as a representative of industry and one of whom shall serve as a representative of the environmental community. The chair of the board of any such authority shall serve as ex officio member of the council and be its chair. Each member of the council shall receive from the authority per diem and travel expenses in an amount not to exceed that provided for the state board in this chapter (but not to exceed one thousand three hundred fifty dollars per year) for each full day spent in the performance of his or her duties under this chapter. Any councilmember may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the board as provided in this section. The waiver, to be effective, must be filed any time after the councilmember's appointment to the advisory council and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

Sec. 53. RCW 85.05.410 and 1991 c 349 s 20 are each amended to read as follows:

Members of the board of diking commissioners of any diking district in this state may receive as compensation the sum of up to ((~~fifty~~)) sixty-six dollars for attendance at official meetings of the district and for each day or ((~~major~~)) part thereof ((~~for all necessary services actually performed in connection with~~)) spent performing their duties as commissioners((~~, and shall receive the same compensation as other labor of a like character for all other necessary work or services performed in connection with their duties: PROVIDED, That such~~)). A commissioner's compensation shall not exceed ((~~four~~)) six thousand ((~~eight~~)) three hundred fifty dollars in one calendar year, except when the commissioners declare an emergency. Allowance of such compensation shall be established and approved at regular meetings of the board, and when a copy of the extracts of minutes of the board meeting relative thereto showing such approval is certified by the secretary of such board and filed with the county auditor, the allowance made shall be paid as are other claims against the district. Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the district as provided in this section. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

Each commissioner is entitled to reimbursement for reasonable expenses actually incurred in connection with such business, including subsistence and lodging((,)) while away from the commissioner's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

Sec. 54. RCW 85.06.380 and 1991 c 349 s 21 are each amended to read as follows:

In performing their duties under the provisions of this title the board and members of the board of drainage commissioners may receive as compensation up to ((~~fifty~~)) sixty-six dollars for attendance at official meetings of the district and for each day or ((~~major~~)) part thereof ((~~for all necessary services actually performed in connection with~~)) spent performing their duties as commissioners((~~: PROVIDED, That such~~)). A commissioner's compensation shall not exceed ((~~four~~)) six thousand ((~~eight~~)) three hundred fifty dollars in one calendar year((~~: PROVIDED FURTHER, That such services and~~)). Compensation ((~~are allowed and~~)) shall only be allowed if it is approved at a regular meeting of the board. Upon the submission of a copy, certified by the secretary, of the extracts of the relevant minutes of the board showing such approval, to the county auditor, the same shall be paid as other claims against the district are paid. Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the district as provided in this section. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made. Each commissioner is entitled to reimbursement for reasonable expenses actually incurred in connection with such business, including subsistence and lodging((,)) while away from the commissioner's place of residence, and mileage for use of a privately((-))owned vehicle, in accordance with chapter 42.24 RCW.

Sec. 55. RCW 85.08.320 and 1991 c 349 s 22 are each amended to read as follows:

The compensation of the superintendent of construction, the board of appraisers hereinafter provided for, and any special engineer, attorney or agent employed by the district in connection with the improvement, the maximum wages to be paid, and the maximum price of materials to be used, shall be fixed by the district board of supervisors. Members of the board of supervisors may receive compensation up to ((~~fifty~~)) sixty-six dollars for attending each official meeting of the district and for each day or ((~~major~~)) part thereof ((~~for all necessary services actually performed in connection with~~)) spent performing their duties as supervisors((~~: PROVIDED, That such~~)). A supervisor's compensation shall not exceed ((~~four~~)) six thousand ((~~eight~~)) three hundred fifty dollars in one calendar year. Any supervisor may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the district as provided in this section. The waiver, to be effective, must be filed any time after the supervisor's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made. Each supervisor shall be entitled to reimbursement for reasonable expenses actually incurred in connection with business, including subsistence and lodging while away from the supervisor's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW. All costs of construction or maintenance done under the direction of the board of supervisors shall be paid upon vouchers or payrolls verified by two of the ((~~said~~)) supervisors. All costs of construction and all other expenses, fees and charges on account of such improvement shall be paid by warrants drawn by the county auditor upon the county treasurer upon the proper fund, and shall draw interest at a rate determined by the county legislative authority until paid or called by the county treasurer as warrants of the county are called.

Sec. 56. RCW 85.24.080 and 1991 c 349 s 23 are each amended to read as follows:

The members of the board may receive as compensation up to ((~~fifty~~)) sixty-six dollars for attendance at official meetings of the district and for each day or ((~~major~~)) part thereof ((~~for all necessary services actually performed in connection with~~)) spent performing their duties as commissioners((~~: PROVIDED, That such~~)). A commissioner's compensation shall not exceed ((~~four~~)) six thousand ((~~eight~~)) three hundred fifty dollars in one calendar year((~~: PROVIDED FURTHER, That~~)). Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the district as provided in this section. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made. The board may fix a different salary for the secretary thereof in lieu of the per diem. Each commissioner is entitled to reimbursement for reasonable expenses actually incurred in connection with such business, including subsistence and lodging, while away from the commissioner's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW. The salary and expenses shall be paid by the treasurer of the fund, upon orders made by the board. Each member of the board must before being paid for expenses, take vouchers therefore from the person or persons to whom the particular amount was paid, and must also make affidavit that the amounts were necessarily incurred and expended in the performance of his or her duties.

Sec. 57. RCW 86.09.283 and 1991 c 349 s 24 are each amended to read as follows:

The board of directors may each receive up to ((~~fifty~~)) sixty-six dollars for attendance at official meetings of the board and for each day or ((~~major~~)) part thereof ((~~for all necessary services actually performed in connection with~~)) spent performing their duties as director. The board shall fix the compensation to be paid to the directors, secretary, and all other agents and employees of the district. Compensation for the directors shall not exceed ((~~four~~)) six thousand ((~~eight~~)) three hundred fifty dollars in one calendar year. Any director may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the district as provided in this section. The waiver, to be effective, must be filed any time after the director's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made. A director is entitled to reimbursement for reasonable expenses actually incurred in connection with such business, including subsistence and lodging((,)) while away from the director's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

Sec. 58. RCW 87.03.160 and 1975 c 14 s 1 are each amended to read as follows:

The board of directors of irrigation districts shall have the authority and power to contract for and to pay the premium upon group life, health and accident insurance upon its employees; and to make all such insurance available to its directors, subject to payment by the directors of all costs of insurance for directors. The amount and type of insurance available to the board of directors may not exceed the insurance available to the district employees except for liability insurance.

Sec. 59. RCW 87.03.460 and 1990 c 38 s 1 are each amended to read as follows:

((~~In addition to their reasonable expenses in accordance with chapter 42.24 RCW,~~)) The directors shall each receive an amount for attending meetings and while performing other services for the district. The amount shall be fixed by resolution and entered in the minutes of the proceedings of the board. It shall not exceed ((~~fifty~~)) sixty-six dollars for each day or portion thereof spent by a director for such attendance or performance. The total amount of such additional compensation received by a director may not exceed ((~~four~~)) six thousand ((~~eight~~)) three hundred fifty dollars in a calendar year. Any director may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the district as provided in this section. The waiver, to be effective, must be filed any time after the director's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made. The board shall fix the compensation of the secretary and all other employees. In addition, directors are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each director's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

Sec. 60. RCW 89.08.200 and 1973 1st ex.s. c 184 s 21 are each amended to read as follows:

The term of office of each supervisor shall be three years and until his or her successor is appointed or elected and qualified, except that the supervisors first appointed shall serve for one and two years respectively from the date of their appointments, as designated in their appointments.

In the case of elected supervisors, the term of office of each supervisor shall be three years and until his or her successor is elected and qualified, except that for the first election, the one receiving the largest number of votes shall be elected for three years; the next largest two years; and the third largest one year. Successors shall be elected for three-year terms.

Vacancies in the office of appointed supervisors shall be filled by the state conservation commission. Vacancies in the office of elected supervisors shall be filled by appointment made by the remaining supervisors for the unexpired term.

A majority of the supervisors shall constitute a quorum and the concurrence of a majority is required for any official action or determination.

Supervisors shall serve without compensation, but ((~~they shall be entitled to expenses, including traveling expenses, necessarily incurred in discharge of their duties~~)) are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each supervisor's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW. A supervisor may be removed by the state conservation commission upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason.

The governing board shall designate a chairman from time to time.

Sec. 61. RCW 89.30.298 and 1927 c 254 s 100 are each amended to read as follows:

The members of the board of directors shall each receive an amount not to exceed ((~~five~~)) ten dollars per day ((in)) for attending the meetings((~~, to be determined by said board, and such compensation, not exceeding five dollars per day,~~)) and for other services rendered the district as shall be fixed by resolution. The resolution shall be adopted by vote of the directors and entered in the minutes of their proceedings((~~, and~~)). Any director may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the district as provided in this section. The waiver, to be effective, must be filed any time after the director's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made. In addition ((~~thereto, said~~)), the directors ((~~shall receive necessary expenses in attending meetings or when otherwise engaged in district business~~)) are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each director's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW. The board shall fix the compensation to be paid to the secretary and all other officers, agents and employees of the district.