Z-804                 _______________________________________________

 

                                                    HOUSE BILL NO. 778

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Representatives Belcher, Sayan, Walk, Unsoeld, Vander Stoep, Allen, Scott and Van Luven

 

 

Read first time 2/8/85 and referred to Committee on State Government.

 

 


AN ACT Relating to state government; adding a new chapter to Title 41 RCW; repealing  RCW 43.03.110; and declaring an emergency.

 

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

 

          NEW SECTION.  Sec. 1.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Employee" means any person performing services for the state on a salaried or hourly basis whether in classified service as defined in RCW 41.06.020 or exempt from the state civil service laws pursuant to RCW 41.06.070.

          (2) "Permanent transfer" means every transfer to a new duty station or office of an employee at the convenience of the employing agency for a period intended by the employing agency to be not less than two years to a new duty station or office that (a) is more than twenty miles farther (measured on a radius) from the dwelling occupied by the employee before the transfer, and (b) is farther from the dwelling occupied by the employee before the transfer than is the employee's duty station or office before the transfer.

          (3) "Promotion" means a change of a permanent employee from a position in one classification to a position in another classification having a higher maximum salary.

 

          NEW SECTION.  Sec. 2.     The following categories of employees are excluded from benefits under this chapter:

          (1) Classified employees having other than permanent status in the classified service;

          (2) Employees having less than two years' consecutive state service immediately before being permanently transferred or promoted, except that such employees are nonetheless eligible for the benefits provided in section 3(1) of this act.

 

          NEW SECTION.  Sec. 3.     (1) Whenever any employee is permanently transferred the employing agency shall pay or allow the transferred employee, upon proper application:

          (a) Actual, reasonable expenses incurred in moving the employee and the employee's family and personal property to a new dwelling within reasonable commuting distance of the new duty station or office;

          (b) Relocation leave of not more than a total of five working days for the purpose of locating a new residence in the area of the new employment and moving to the new residence;

          (c) Meals, lodging, and travel expenses for one round trip for the employee and spouse to seek permanent residence quarters.  The duration of such trip for payment purpose under this chapter shall not exceed five days; and

          (d) Per diem allowance to the employee for a period not to exceed sixty calendar days in the new location for the purpose of actively seeking, taking possession of, or moving into the new residence.

          (2) In addition to the payments under subsection (1) of this section, an additional amount may be paid to a transferred or promoted employee who actually owned and occupied a dwelling for not less than one hundred eighty days before the effective date of the transfer or promotion.  Such amount shall pay or reimburse the employee for necessary and reasonable seller and purchaser closing costs or expenses actually incurred by the transferred employee incident to:

          (a) The purchase of the dwelling in the new location, but not including prepaid utility and hookup expenses;

          (b) The amount, if any, that will compensate the transferred or promoted employee for any increased interest costs that the employee is required to pay for financing the acquisition of a new dwelling at the new work location.  The increased interest costs shall be projected over the first five years of owner occupancy only.

          (3) As an alternative to subsection (2) of this section, a transferred or promoted employee who actually owned and occupied a mobile home for not less than one hundred eighty days before the effective date of the transfer or promotion, shall receive or be reimbursed for a reasonable amount incident to the relocation of the mobile home.  The amount shall include the costs of (a) packing the contents and normal preparation of the mobile home to bring it up to safety standards for over-the-road movement, and (b) relocation and set-up at the new site.  The charges shall not include site preparation, excavation, or landscaping.

          (4) The total costs referred to in this section shall not exceed fifteen thousand dollars.

          (5) Payment for all expenses authorized by subsections (1), (2), and (3) of this section is subject to reasonable rules adopted by the director of financial management, not inconsistent with rules adopted by the director of planning and community affairs under RCW 8.26.110, and shall include rules defining allowable moving costs.

 

          NEW SECTION.  Sec. 4.     The additional payments authorized by section 3(2) of this act shall be made only to a transferred or promoted employee who purchases and occupies a replacement dwelling within reasonable commuting distance of the new duty station or office within eighteen months of the effective date of the transfer.

 

          NEW SECTION.  Sec. 5.     The benefits provided by this chapter are available only to employees permanently transferred after July 1, 1985, and shall not be considered compensation.  If the employee terminates or causes termination of his employment with the state within one year of the date of transfer, the state is entitled to reimbursement for any payments made to the employee or on the employee's behalf under this chapter, and may withhold such sum as necessary therefor from any amounts due the employee.

 

          NEW SECTION.  Sec. 6.     Sections 1 through 5 of this act shall constitute a new chapter in Title 41 RCW.

 

          NEW SECTION.  Sec. 7.  Section 43.03.110, chapter 8, Laws of 1965, section 1, chapter 16, Laws of 1967 ex. sess. and RCW 43.03.110 are each repealed.

         

 

          NEW SECTION.  Sec. 8.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.