OFFICES AND OFFICERS - STATE - LEGISLATORS - SALARIES
CONSTITUTIONALITY OF RESCISSION OF PROSPECTIVE PAY RAISES The legislature may not constitutionally cancel, or rescind, prospective salary increases for its own members which are payable during the remainder of their current terms of office and which were provided for by a law that had already been enacted and taken effect before those current terms began.
CONSTITUTIONAL LAW - STATE - LEGISLATORS - PRIVILEGE FOR WORDS SPOKEN IN DEBATE - DEFAMATION
CONSTITUTIONAL LAW ‑- STATE ‑- LEGISLATORS ‑- PRIVILEGE FOR WORDS SPOKEN IN DEBATE ‑- DEFAMATION Under Article II, § 17, of the Washington State Constitution members of the legislature are granted an absolute privilege for words spoken in debate which privilege attaches while a legislator is performing his proper legislative function whether within or without the physical confines of the legislature itself.
OFFICES AND OFFICERS - STATE - LEGISLATORS - MOTOR VEHICLES - ARREST OF LEGISLATORS FOR TRAFFIC OFFENSES
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATORS ‑- MOTOR VEHICLES ‑- ARREST OF LEGISLATORS FOR TRAFFIC OFFENSES Although the privilege from arrest in Article II, § 16 of the Washington Constitution extends beyond the term of a legislative session, it relates to the possibility of civil arrest only and is not a privilege from arrest for the commission of a crime; therefore, Article II, § 16 does not preclude the arrest of a member of the Washington State Legislature for the commission of a traffic offense within the purview of RCW 46.61.010.
OFFICES AND OFFICERS - STATE - LEGISLATORS - LAWYERS - CODE OF ETHICS - REPORTING PERIOD - INCOME
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATORS ‑- LAWYERS ‑- CODE OF ETHICS ‑- REPORTING PERIOD ‑- INCOME (1) Under § 6, subsection (3), chapter 150, Laws of 1965, Ex. Sess. (Substitute Senate Bill No. 1) which requires a public official or candidate to report the names of persons, corporations, firms, partnerships or other business associations from whom he receives compensation exceeding a certain specified amount, a legislator who is an attorney engaged in the private practice of law is required to report the name of his firm but is not required to report the names of his individual clients since a lawyer is not an "employee" of a client in the ordinary attorney-client relationship. (2) The first report which must be filed by incumbent public officials subject to the provisions of § 6, chapter 150, Laws of 1965, Ex. Sess. (Substitute Senate Bill No. 1) will cover the period August 6, 1965, through December 31, 1965, since the new act must be construed prospectively.
LEGISLATORS - STATE LEGISLATURE - PUBLIC FUNDS
Mailings by legislators at public expense 1. Neither house of the Washington State Legislature has authority to adopt a rule or a policy on mailings by legislators at public expense which would supersede the provisions of RCW 42.17.132, a statute on the same subject. 2. The language in RCW 42.17.132 generally limiting legislators at certain times to mailings to constituents "in direct response to . . . [a] request" does not require that the request be explicit, but requires some evidence that the addressees of a legislative communication had shown an interest in the legislator's view on the subject, or in obtaining other relevant information.
SECRETARY OF STATE - ELECTIONS - DISTRICTS - BOUNDARIES - LEGISLATORS - REDISTRICTING
Boundaries for Election for Unexpired Term of Newly Redistricted Legislative District When the boundaries of a legislative district for the Office of State Senate have been changed by redistricting, a special election for the remainder of the existing senate term should be conducted in the newly redistricted senate district. Candidates for that election must be residents of the new district as required by RCW 42.04.020.
STATE INVESTMENT BOARD - EMPLOYERS AND EMPLOYEES - OFFICES AND OFFICERS - TREASURER - LEGISLATORS - CONFLICT OF INTEREST
Applicability of Executive Conflict of Interest Act to elected officials who are members of the State Investment Board Membership in the State Investment Board includes the State Treasurer and one member each of the House of Representatives and the Senate. Members of the Board are subject to the Executive Conflict of Interest Act, chapter 42.18 RCW. Although the Act does not apply to elected state officers and legislators when they are acting in their capacity as elected officials, these elected officials are subject to the Act when they are acting in their capacity as a member of the Board.
PENSIONS - RETIREMENT - LEGISLATORS - ELECTED OFFICIALS
CONSTITUTIONALITY OF PENDING LEGISLATION REGARDING RETIREMENT ALLOWANCES OF STATE ELECTED OFFICIALS Unless deemed by the Court to be merely a legislative clarification of existing law and not a change in the law as it now exists, House Bill No. 986 relating to the formula to be utilized in computing the service retirement allowances of state elected officials, would be unconstitutional as applied to existing members of the Public Employees' Retirement System under the reasoning of Bakenhus v. Seattle, 48 Wn.2d 695, 296 P.2d 536 (1956) and later cases.
OFFICES AND OFFICERS - STATE - LEGISLATORS - SALARIES
LEGISLATORS' SALARIES UNDER INITIATIVE NO. 282 Those state senators elected in 1972 for four-year terms ending in January, 1977, will not be eligible to receive the pay increases provided for by Initiative No. 282 until the commencement of their next ensuing terms of office in 1977.
OFFICES AND OFFICERS - STATE - LEGISLATORS - STRIKES - LABOR
VIOLATION OF OATH OF OFFICE Extent to which a refusal by a state legislator to cross a picket line of striking state employees in order to attend a legislative session would constitute a violation of the legislator's oath of office.
INITIATIVE NO. 276 - OFFICES AND OFFICERS - LEGISLATORS
FINANCIAL DISCLOSURE (1) If a state legislator receives compensation for preparing, supporting or opposing particular legislation he is required to report that compensation under RCW 42.17.240(1)(e). (2) The person making the payments thus referred to is required to report those payments as a lobbyist under RCW 42.17.170(2)(a). (3) Funds received by a legislative candidate during his electoral campaign are to be reported as contributions under RCW 42.17.08-42.17.090 where paid with the understanding that the funds are to "cover" the candidate's time spent as such.
OFFICES AND OFFICERS - STATE - LEGISLATORS
CONSTITUTIONALITY OF PROPOSED LEGISLATIVE PAY RAISES The legislature may provide for salary increases for its own members but such increases may not become effective until the commencement of the next ensuing terms of office after the enactment of the law increasing salaries.
LOBBYISTS - LEGISLATORS - INFORMATION TO LOBBYIST'S EMPLOYEES - INITIATIVE 276
LOBBYISTS ‑- LEGISLATORS ‑- INFORMATION TO LOBBYIST'S EMPLOYEES ‑- INITIATIVE 276 Necessity for legislators to provide information to lobbyists' employees under § 18, Initiative No. 276
LEGISLATURE - LEGISLATORS - MAY STATE LEGISLATOR ALSO BE A STATE EMPLOYEE
LEGISLATURE ‑- LEGISLATORS ‑- MAY STATE LEGISLATOR ALSO BE A STATE EMPLOYEE Consideration of the eligibility of a member of the legislature to be employed by a state agency during the period of time the state legislature is not in session; applicability of Washington Constitution Article II, § 13; impact of federal Hatch Act and/or RCW 41.06.250 upon the applicability of such a legislator to campaign for reelection while serving as an employee of a state agency.
OFFICES AND OFFICERS - STATE - LEGISLATORS - PUBLIC OFFICE, ELECTIONS - ELIGIBILITY
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATORS ‑- PUBLIC OFFICE, ELECTIONS ‑- ELIGIBILITY Extent to which Article II, § 13 of the Washington Constitution, relating to the eligibility of legislators for election or appointment to civil office, has been affected by the adoption of Article XXX, § 1, Amendment 54; criteria to be applied in determining when a legislator will be eligible to be appointed or elected to a civil office which was either created during his legislative term or for which a pay raise was then granted.
ELECTIONS - OFFICES AND OFFICERS - STATE - LEGISLATORS
ELECTIONS ‑- OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATORS An incumbent member of the house of representatives now serving a two-year term to which he was elected in November, 1972, may be a candidate for an unexpired term in the state senate to be filled at the November 6, 1973, general election ‑ as also, may be either a house member thus elected in November of 1972 who later resigned that position to accept appointment to the senate, or a senator or representative now serving as such by appointment under Article II, § 15 (Amendment 52), supra.
ELECTIONS - OFFICES AND OFFICERS - STATE - LEGISLATORS - SALARY
ELECTIONS ‑- OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATORS ‑- SALARY The salary applicable to the remainder of an unexpired legislative term filled by election in November, 1973, (as provided in chapter 4, Laws of 1973) will be $3,600 per annum, the same salary as was fixed by law at the commencement of that term.