AN ACT Relating to public employment; adding new sections to chapter 41.06 RCW; amending RCW 41.64.110, 41.06.020, 41.06.040, 41.06.070, 41.06.080, 41.06.120, 41.06.155, 41.06.160, 41.06.163, 41.06.167, 41.06.170, 41.06.270, 41.06.340, 41.06.350, 41.06.400, 41.06.410, 41.06.420, 41.06.430, 41.06.440, and 41.06.450; creating new sections; repealing RCW 41.06.010, 41.06.030, 41.06.110, 41.06.130, 41.06.140, 41.06.150, 41.06.169, 41.06.175, 41.06.185, 41.06.195, 41.06.205, 41.06.215, 41.06.220, 41.06.230, 41.06.240, 41.06.280, 41.06.300, 41.06.310, 41.06.320, 41.06.330, 28B.16.010, 28B.16.020, 28B.16.030, 28B.16.040, 28B.16.060, 28B.16.070, 28B.16.080, 28B.16.090, 28B.16.100, 28B.16.101, 28B.16.105, 28B.16.110, 28B.16.112, 28B.16.113, 28B.16.116, 28B.16.120, 28B.16.130, 28B.16.140, 28B.16.150, 28B.16.160, 28B.16.170, 28B.16.180, 28B.16.190, 28B.16.210, 28B.16.220, 28B.16.230, 28B.16.240, 28B.16.250, 28B.16.260, 28B.16.270, 28B.16.280, 28B.16.290, 28B.16.900, 28B.16.910, 28B.16.920, and 28B.16.930; providing effective dates; and declaring an emergency.

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

NEW SECTION. Sec. 1. Both the public and those who serve in state government have the right to the most effective personnel system possible. It is the intent of the legislature to establish a single, decentralized, state-wide personnel system. This system shall provide for recruiting, selecting, and developing an effective, productive, and responsible work force representative of the state labor market.

NEW SECTION. Sec. 2. There is created the Washington state employment commission. It is the responsibility of the commission to develop and implement a uniform personnel system for state employees and to provide for the transfer of the personnel, property, functions, powers, and duties of the state personnel board, the department of personnel, and the higher education personnel board to the commission. The state employment commission shall consist of three members appointed by the governor with the advice and consent of the senate. The first member shall be a representative of the workers engaged in employment for the state of Washington. This member shall be selected from a list of at least three names submitted to the governor by an organization, state-wide in scope, which through its affiliates embraces a cross section and a majority of the organized labor of the state. The second member shall be a representative of management. The third member of the commission shall be representative of the public at large. The initial terms of office of the members of the commission shall be for six, four, and two years respectively. Thereafter, all terms shall be for a period of six years. The commission shall elect a chairman at the first meeting; elections shall be held annually thereafter. Each member is eligible for reappointment and shall hold office until a successor is appointed and qualified. In the event of a vacancy, the governor shall appoint a successor to fill the unexpired term.

NEW SECTION. Sec. 3. The governor shall appoint the first members of the commission within thirty days after the effective date of this section.

NEW SECTION. Sec. 4. A vacancy in the commission does not impair the right of the remaining members to exercise all of the powers of the commission. The presence of at least two members constitutes a quorum to transact business.

NEW SECTION. Sec. 5. Members of the commission shall be paid one hundred dollars for each day spent in attending to commission business as authorized by the chairman. In addition, they shall be reimbursed for expenses, subject to the provisions of RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 6. Effective July 1, 1986, the commission shall assume all functions, powers, and duties of the state personnel board, the department of personnel, and the higher education personnel board.

NEW SECTION. Sec. 7. Service funds established to support the personnel boards under chapters 41.06 and 28B.16 RCW are abolished effective July 1, 1986. Money in the higher education personnel board service fund and the department of personnel service fund on July 1, 1986, shall be transferred to the state employment commission service fund.

NEW SECTION. Sec. 8. There is created a fund within the state treasury, designated as the state employment commission service fund, to be used by the commission for the payment of salaries, wages, and operations required for the administration of this chapter, the budget for which shall be subject to review and approval and appropriation by the legislature. An amount not to exceed one-half of one percent of the salaries and wages for all positions in the classified service shall be contributed from the operations appropriations of each state agency and institution of higher education and credited to the state employment commission service fund as such allotments are approved pursuant to chapter 43.88 RCW. Subject to the above limitations, the amount shall be charged against the allotments pro rata, at a rate to be fixed by the director of financial management from time to time, which will provide the commission with funds to meet its anticipated expenditures during the allotment period.

Moneys from the fund shall be disbursed by the state treasurer by warrants on vouchers authorized by the commission.

NEW SECTION. Sec. 9. The commission shall appoint a director. The director shall have at least five years of experience in public or private sector personnel management. The director shall be the chief staff officer of the commission and may employ staff necessary to implement this chapter. The director shall serve at the pleasure of the commission and may only be removed for cause.

The primary functions of the director are to assist the commission and to provide the day-to-day management of the commission's employees.

NEW SECTION. Sec. 10. As soon as possible after the effective date of this section, the commission shall develop a transition plan designed to assure that the transfer of personnel, property, functions, powers, and duties of the state personnel board, the department of personnel, and the higher education personnel board to the commission on July 1, 1986, will be accomplished in an orderly and efficient manner, consistent with the public interest.

Not later than January 1, 1986, the commission shall have a proposed plan available for public inspection and shall provide the proposed plan to the secretary of the senate and the chief clerk of the house of representatives, who shall transmit it to the appropriate standing committees of the legislature for their review and comment. By March 1, 1986, the commission shall conduct public hearings on the proposed plan. The commission shall adopt the proposed plan, together with any amendments or revisions considered appropriate by April 1, 1986. In adopting its plan, the commission shall consider and address, to the extent appropriate, the concerns of public employees, management, unions, executive branch agencies, and private citizens who are affected by the reorganization provided by this chapter.

NEW SECTION. Sec. 11. The commission shall adopt policies, procedures, and rules necessary to implement a uniform personnel system for state employees. The system shall become effective on July 1, 1986, and may thereafter be changed as the commission finds appropriate. The system shall be designed to result in:

(1) The recruitment, selection, and advancement of employees on the basis of their relative ability, knowledge, and skill, with due regard to affirmative action principles, and the open consideration of qualified applicants for initial appointment. Recruiting efforts shall be planned and carried out in a manner that assures competition. Selection procedures, including appropriate ranking for entry to the career service, shall be job related and shall maximize validity, reliability, and objectivity. When filling vacancies, including departmental promotions, the number of names referred to the department shall be equal to four more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists.

(2) The provision of equitable and adequate compensation. To maintain a high quality public work force and to assure equitable compensation, a compensation plan shall be maintained on a current basis and shall take into account the responsibility and difficulty of the work, prevailing rates in public and private employment, comparable worth, and other pertinent factors. The compensation plan shall provide for increment increases within the series or steps for each pay grade based on the length of service for employees whose performance is deemed adequate.

(3) The training of employees, as needed, to assure high quality performance. In addition to providing training to improve performance, the commission shall also provide training as needed to prepare employees for more responsible assignments. Training programs shall include systematic methods for assessing training needs, providing training to meet priority needs, selecting personnel for training, and evaluating the training provided. Special emphasis shall be placed on retraining employees whose primary skills are no longer required in the state work force so that the public may benefit from their redirected contribution.

(4) A standardized performance evaluation procedure for both classified employees and employees who occupy exempt positions for which the commission determines salary.

(5) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected. Employees who have acquired permanent status and whose performance meets established performance standards shall not be subject to separation except for cause or such reasons as curtailment of work or lack of funds. Procedures shall be established to provide for the suspension, demotion, or separation of employees whose performance continues to be inadequate after reasonable efforts have been made to correct it. Reductions in force, if necessary, and subsequent reemployment shall be based on seniority.

(6) Fair treatment for applicants and employees in all aspects of personnel administration without regard to political affiliation, age, handicap, race, color, national origin, sex, or religious creed.

(7) Assuring that employees are protected against coercion for partisan political purposes.

(8) Interinstitutional and interagency mobility of employees in all aspects of employment, including but not limited to promotion, transfer, and layoff.

(9) A classification plan maintained on a current basis. The classification plan shall include desirable qualifications for job classifications (except in cases in which the commission determines absolute minimum qualifications are in the public interest), the definition of the work to be performed, and identification of the approved examination for the class and be designed to facilitate growth opportunities.

(10) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units, but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155, such adoption and revision subject to approval by the director of financial management in accordance with chapter 43.88 RCW.

(11) Special pay provisions to reflect hazardous working conditions when such conditions are not expected of those positions assigned to respective job classifications, and special pay for those positions within a class when there is a special use requirement by an agency or institution.

(12) The granting of preferences to veterans in employment practices. The preferences shall be granted to the extent deemed appropriate by the commission. For the purposes of this subsection, "veteran" means a person who has one or more years of active military service in a branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of the service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge is given. However, the widow of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service. For the purposes of this subsection, "veteran" does not include a person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month.

NEW SECTION. Sec. 12. It is the duty of the commission to adopt rules providing for employee participation in the development and administration of personnel policies. To assure this right, personnel policies, rules, classification and pay plans, and amendments thereto, shall be acted on only after the commission has given twenty days notice to, and considered proposals from, employee representatives and agencies affected. Complete and current compilations of all rules of the commission in printed, mimeographed, or multigraphed form shall be available to the public in the office of the director of personnel free of charge.

NEW SECTION. Sec. 13. To the extent the commission deems reasonable, it may delegate the delivery of personnel services and programs, and the supervision, management, and administration of technical personnel activities.

NEW SECTION. Sec. 14. (1) There is created a labor relations board which shall have the responsibility of providing a labor relations program. The board shall consist of three members to be appointed in the same manner as provided in section 2 of this act. The election of a chairman, eligibility for reappointment, and the filling of vacancies shall be accomplished in the same manner as provided in section 2 of this act. The labor relations board shall adopt rules governing the following areas:

(a) Determination of appropriate bargaining units within any agency. In making such determination, the commission shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;

(b) Certification and decertification of exclusive bargaining representatives. After certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require, as a condition of employment, membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of the election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal. No more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit, the director shall hold an election to determine whether a majority wish to rescind such condition of employment. For purposes of this subsection, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights. In order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which the public employee is a member, the public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with the employee's individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and the employee shall not be a member of the union but is entitled to all the representation rights of a union member;

(c) Agreements between agencies and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the appropriate bargaining unit of the agency may lawfully exercise discretion;

(d) Written agreements containing provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of the payroll deduction by the filing of a proper prior notice by the employee with the appointing authority and the employee organization: PROVIDED, That nothing in this section permits or grants to any employee the right to strike or refuse to perform the employee's official duties.

(2) The authority of the labor relations board extends to all state agencies. However, in respect to the community colleges, the labor relations board does not have authority which duplicates to any extent any power or duty of the public employment relations commission under chapter 41.58 RCW.

NEW SECTION. Sec. 15. The governor shall appoint the first members of the labor relations board within thirty days after the effective date of this section.

NEW SECTION. Sec. 16. The members of the labor relations board shall be paid one hundred dollars for each day spent in attending to the business of the labor relations board as authorized by the chairman. In addition, they shall be reimbursed for travel expenses, subject to the provisions of RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 17. Immediately after it is constituted, the labor relations board shall begin preparing its rules. The rules shall become effective on July 1, 1986.

NEW SECTION. Sec. 18. The following classifications, positions, and employees of institutions of higher education and related boards are exempted from coverage of this chapter:

(1) Members of the governing board of each institution and related boards, all presidents, vice presidents and their confidential secretaries, administrative and personal assistants; deans, directors, and chairmen; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; and any employee of a community college district whose place of work is one which is physically located outside the state and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state.

(2) The director, his confidential secretary, assistant directors, and professional education employees of the state board for community college education.

(3) The governing board of each institution, and related boards, may also exempt from this chapter classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training, and principal assistants to executive heads of major administrative or academic divisions, as determined by the commission. However, no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted under this subsection.

Sec. 19. Section 12, chapter 311, Laws of 1981 and RCW 41.64.110 are each amended to read as follows:

Hearings on such appeals shall be open to the public, except for cases in which the board determines there is substantial reason for not having an open hearing or in cases where the employee so requests, and shall be informal with technical rules of evidence not applying to the proceedings except the rules of privilege recognized by law. Both the employee and his or her appointing agency shall be notified reasonably in advance of the hearing and may select representatives of their choosing, present and cross-examine witnesses, and give evidence before the board. Members of the board or the executive secretary may, and shall at the request of either party, issue subpoenas and subpoenas duces tecum. All testimony shall be on oath administered by a member of the board. The board shall certify to the superior court the facts of any refusals to obey a subpoena, take the oath, or testify. The court shall summarily hear the evidence on such refusal and, if the evidence warrants, punish such refusal in the same manner and to the same extent as for contempt committed before, or in connection with the proceedings of, the court. The board shall prepare an official record of the hearing, including all testimony, recorded manually or by mechanical device, and exhibits; but it may not be required to transcribe such record unless requested by the employee((. If requested, the board shall furnish a complete transcript upon payment of a reasonable charge therefor. The employee shall be reimbursed by the employing agency for the cost of a transcript used on appeal if the employee prevails before the court)), who shall be furnished with a complete transcript upon payment of a reasonable charge. However, payment of the cost of a transcript used on appeal shall await determination of the appeal and shall be made by the employing agency if the employee prevails.

Sec. 20. Section 1, chapter 12, Laws of 1970 ex. sess as last amended by section 4, chapter 75, Laws of 1983 1st ex. sess. and RCW 41.06.020 are each amended to read as follows:

Unless the context clearly indicates otherwise, the words used in this chapter have the meaning given in this section.

(1) "Agency" means an office, department, board, commission, or other separate unit or division, however designated, of the state government and all personnel thereof; it includes any unit of state government established by law, the executive officer or members of which are either elected or appointed, upon which the statutes confer powers and impose duties in connection with operations of either a governmental or proprietary nature.

(2) "Institutions of higher education" are the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, and the various state community colleges.

(3) "Related boards" means the state board for community college education and such other boards, councils, and commissions related to higher education as may be established.

(4) "Board" and "commission" means the state ((~~personnel board~~)) employment commission established under ((~~the provisions of RCW 41.06.110~~)) this chapter, except that this definition does not apply to the words "board," ((or)) "boards," "commission," or "commissions" when used in RCW 41.06.070 or section 18 of this 1985 act.

((~~(3)~~)) (5) "Classified service" means all positions in the state service subject to the provisions of this chapter.

((~~(4)~~)) (6) "Competitive service" means all positions in the classified service for which a competitive examination is required as a condition precedent to appointment.

((~~(5)~~)) (7) "Comparable worth" means the provision of similar salaries for positions that require or impose similar responsibilities, judgments, knowledge, skills, and working conditions.

((~~(6) "Management employees" means those employees:~~

~~(a) Who are classified under this chapter and who are exempt employees under this chapter and have their salary and fringe benefits determined under RCW 41.06.070; and~~

(b) Who are specified as management by the state personnel board; but the board shall not go below range 49, as established in the October 1981 state personnel board compensation plan, or its equivalent range in a subsequent compensation plan publication.

~~(7)~~)) (8) "Noncompetitive service" means all positions in the classified service for which a competitive examination is not required.

((~~(8)~~)) (9) "Department" means an agency of government that has as its governing officer a person, or combination of persons such as a commission, board, or council, by law empowered to operate the agency responsible either to (a) no other public officer or (b) the governor.

((~~(9)~~)) (10) "Career development" means the progressive development of employee capabilities to facilitate productivity, job satisfaction, and upward mobility through work assignments as well as education and training that are both state-sponsored and are achieved by individual employee efforts, all of which shall be consistent with the needs and obligations of the state and its agencies.

((~~(10)~~)) (11) "Training" means activities designed to develop job-related knowledge and skills of employees.

((~~(11)~~)) (12) "Director" means the director of ((~~personnel appointed under the provisions of RCW 41.06.130~~)) the state employment commission.

Sec. 21. Section 4, chapter 1, Laws of 1961 as amended by section 22, chapter 36, Laws of 1969 ex. sess. and RCW 41.06.040 are each amended to read as follows:

The provisions of this chapter apply to:

(1) Each board, commission or other multimember body, including, but not limited to, those consisting in whole or in part of elective officers;

(2) Each agency, and each employee and position therein, not expressly excluded or exempted under the provisions of RCW 41.06.070 or section 18 of this 1985 act.

Sec. 22. Section 1, chapter 11, Laws of 1972 ex. sess. as last amended by section 2, chapter 210, Laws of 1984 and RCW 41.06.070 are each amended to read as follows:

(1) This section does not apply to institutions of higher education or related boards or to any classification, position, or employee of such institution or board.

(2) The provisions of this chapter do not apply to:

((~~(1)~~)) (a) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, legislative budget committee, statute law committee, and any interim committee of the legislature;

((~~(2)~~)) (b) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;

((~~(3) Officers, academic personnel, and employees of state institutions of higher education, the state board for community college education, and the higher education personnel board;~~

~~(4)~~)) (c) The officers of the Washington state patrol;

((~~(5)~~)) (d) Elective officers of the state;

((~~(6)~~)) (e) The chief executive officer of each agency;

((~~(7)~~)) (f) In the departments of employment security, fisheries, social and health services, the director and his confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his confidential secretary, and his statutory assistant directors;

((~~(8)~~)) (g) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:

((~~(a)~~)) (i) All members of such boards, commissions, or committees;

((~~(b)~~)) (ii) If the members of the board, commission, or committee serve on a part time basis and there is a statutory executive officer: ((~~(i)~~)) (A) The secretary of the board, commission, or committee; ((~~(ii)~~)) (B) the chief executive officer of the board, commission, or committee; and ((~~(iii)~~)) (C) the confidential secretary of the chief executive officer of the board, commission, or committee;

((~~(c)~~)) (iii) If the members of the board, commission, or committee serve on a full time basis: ((~~(i)~~)) (A) The chief executive officer or administrative officer as designated by the board, commission, or committee; and ((~~(ii)~~)) (B) a confidential secretary to the chairman of the board, commission, or committee;

((~~(d)~~)) (iv) If all members of the board, commission, or committee serve ex officio: ((~~(i)~~)) (A) The chief executive officer; and ((~~(ii)~~)) (B) the confidential secretary of such chief executive officer;

((~~(9)~~)) (h) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;

((~~(10)~~)) (i) Assistant attorneys general;

((~~(11)~~)) (j) Commissioned and enlisted personnel in the military service of the state;

((~~(12)~~)) (k) Inmate, student, part time, or temporary employees, and part time professional consultants, as defined by the state personnel board or the board having jurisdiction;

((~~(13)~~)) (l) The public printer or to any employees of or positions in the state printing plant;

((~~(14)~~)) (m) Officers and employees of the Washington state fruit commission;

((~~(15)~~)) (n) Officers and employees of the Washington state apple advertising commission;

((~~(16)~~)) (o) Officers and employees of the Washington state dairy products commission;

((~~(17)~~)) (p) Officers and employees of the Washington tree fruit research commission;

((~~(18)~~)) (q) Officers and employees of the Washington state beef commission;

((~~(19)~~)) (r) Officers and employees of any commission formed under the provisions of chapter 191, Laws of 1955, and chapter 15.66 RCW;

((~~(20)~~)) (s) Officers and employees of the state wheat commission formed under the provisions of chapter 87, Laws of 1961 (chapter 15.63 RCW);

((~~(21)~~)) (t) Officers and employees of agricultural commissions formed under the provisions of chapter 256, Laws of 1961 (chapter 15.65 RCW);

((~~(22)~~)) (u) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;

((~~(23)~~)) (v) Liquor vendors appointed by the Washington state liquor control board pursuant to RCW 66.08.050: PROVIDED, HOWEVER, That rules and regulations adopted by the state ((~~personnel board pursuant to RCW 41.06.150~~)) employment commission regarding the basis for, and procedures to be followed for, the dismissal, suspension, or demotion of an employee, and appeals therefrom shall be fully applicable to liquor vendors except those part time agency vendors employed by the liquor control board when, in addition to the sale of liquor for the state, they sell goods, wares, merchandise, or services as a self-sustaining private retail business;

((~~(24)~~)) (w) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;

((~~(25)~~)) (x) All employees of the marine employees' commission;

((~~(26)~~)) (3) In addition to the exemptions specifically provided by this chapter, the state ((~~personnel board~~)) employment commission may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the ((~~personnel board~~)) state employment commission stating the reasons for requesting such exemptions. The ((~~personnel board~~)) state employment commission shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection. If the ((~~board~~)) state employment commission determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the ((~~personnel board~~)) state employment commission shall grant the request and such determination shall be final. The total number of additional exemptions permitted under this subsection shall not exceed one hundred seventy-five for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The state ((~~personnel board~~)) employment commission shall report to each regular session of the legislature during an odd-numbered year all exemptions granted pursuant to the provisions of this subsection, together with the reasons for such exemptions.

((The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (10) through (22) of this section, shall be determined by the state personnel board.

Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary, within four years from the date of appointment to the exempt position. However, (a) upon the prior request of the appointing authority of the exempt position, the personnel board may approve one extension of no more than four years; and (b) if an appointment was accepted prior to July 10, 1982, then the four-year period shall begin on July 10, 1982.))

NEW SECTION. Sec. 23. The salary and fringe benefits of all positions presently or hereafter exempted from this chapter except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in RCW 41.06.070(2) (i) through (t) and section 18 of this act, shall be determined by the commission.

Any person holding a classified position subject to this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If the person previously held permanent status in another classified position, the person has a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position has the right of reversion to the highest class of position previously held, or to a position of similar nature and salary, within four years from the date of appointment to the exempt position. However, (1) upon the prior request of the appointing authority of the exempt position, the commission may approve one extension of no more than four years; and (2) if an appointment was accepted prior to July 10, 1982, then the four-year period shall begin on July 10, 1982.

Sec. 24. Section 2, chapter 12, Laws of 1970 ex. sess. and RCW 41.06.080 are each amended to read as follows:

Notwithstanding the provisions of this chapter, the ((~~department of personnel~~)) commission may make its services available on request, on a reimbursable basis, to:

(1) Either the legislative or the judicial branch of the state government;

(2) Any county, city, town, or other municipal subdivision of the state;

(3) ((~~The institutions of higher learning;~~

~~(4)~~)) Any agency, class, or position set forth in RCW 41.06.070.

Sec. 25. Section 12, chapter 1, Laws of 1961 as last amended by section 17, chapter 311, Laws of 1981 and RCW 41.06.120 are each amended to read as follows:

(1) In the necessary conduct of its work, the ((~~board~~)) commission shall meet monthly unless there is no pending business requiring ((~~board~~)) commission action and may hold hearings, such hearings to be called by (a) the chairman of the ((~~board~~)) commission, or (b) a majority of the members of the ((~~board~~)) commission. An official notice of the calling of the hearing shall be filed with the secretary, and all members shall be notified of the hearing within a reasonable period of time prior to its convening.

(2) No release of material or statement of findings shall be made except with the approval of a majority of the ((~~board~~)) commission;

(3) In the conduct of hearings or investigations, a member of the ((~~board~~)) commission or the director of ((~~personnel~~)) the commission, or the hearing officer, may administer oaths.

Sec. 26. Section 6, chapter 75, Laws of 1983 1st ex. sess. and RCW 41.06.155 are each amended to read as follows:

Salary changes necessary to achieve comparable worth shall be implemented during the 1983-85 biennium under a schedule developed by the ((~~department in cooperation with the higher education personnel board~~)) commission. Increases in salaries and compensation solely for the purpose of achieving comparable worth shall be made at least annually. Comparable worth for the jobs of all employees under this chapter shall be fully achieved not later than June 30, 1993.

Sec. 27. Section 16, chapter 1, Laws of 1961 as last amended by section 1, chapter 11, Laws of 1980 and RCW 41.06.160 are each amended to read as follows:

In preparing classification and salary schedules as set forth in ((~~RCW 41.06.150 as now or hereafter amended the department of personnel~~)) section 10 of this 1985 act, the commission shall give full consideration to prevailing rates in other public employment and in private employment in this state. For this purpose the department shall undertake salary and fringe benefit surveys ((~~to be planned and conducted on a joint basis with the higher education personnel board, with such surveys~~)) to be conducted at least in the year prior to the convening of each one hundred five day regular session of the state legislature. The results of each salary and fringe benefit survey shall be forwarded with a recommended state salary schedule to the governor and director of financial management for their use in preparing budgets to be submitted to the succeeding legislature. A copy of the data and supporting documentation shall be furnished by the ((~~department of personnel~~)) commission to the standing committees for appropriations of the senate and house of representatives.

The ((~~department~~)) commission shall furnish the following supplementary data in support of its recommended salary schedule:

(1) A total dollar figure which reflects the recommended increase or decrease in state salaries as a direct result of the specific salary and fringe benefit survey that has been conducted and which is categorized to indicate what portion of the increase or decrease is represented by salary survey data and what portion is represented by fringe benefit survey data;

(2) An additional total dollar figure which reflects the impact of recommended increases or decreases to state salaries based on other factors rather than directly on prevailing rate data obtained through the survey process and which is categorized to indicate the sources of the requests for deviation from prevailing rates and the reasons for the changes;

(3) A list of class codes and titles indicating recommended monthly salary ranges for all state classes under the control of the ((~~department of personnel with:~~

~~(a)~~)) commission with those salary ranges which do not substantially conform to the prevailing rates developed from the salary and fringe benefit survey distinctly marked and an explanation of the reason for the deviation included; ((~~and~~

(b) Those department of personnel classes which are substantially the same as classes being used by the higher education personnel board clearly marked to show the commonality of the classes between the two jurisdictions;))

(4) A supplemental salary schedule which indicates the additional salary to be paid state employees for hazardous duties or other considerations requiring extra compensation under specific circumstances. Additional compensation for these circumstances shall not be included in the basic salary schedule but shall be maintained as a separate pay schedule for purposes of full disclosure and visibility; and

(5) A supplemental salary schedule which indicates those cases where the ((~~board~~)) commission determines that prevailing rates do not provide similar salaries for positions that require or impose similar responsibilities, judgment, knowledge, skills, and working conditions. This supplementary salary schedule shall contain proposed salary adjustments necessary to eliminate any such dissimilarities in compensation. Additional compensation needed to eliminate such salary dissimilarities shall not be included in the basic salary schedule but shall be maintained as a separate salary schedule for purposes of full disclosure and visibility.

It is the intention of the legislature that requests for funds to support recommendations for salary deviations from the prevailing rate survey data shall be kept to a minimum, and that the requests be fully documented when forwarded by the ((department of personnel. Further, it is the intention of the legislature that the department of personnel and the higher education personnel board jointly determine job classes which are substantially common to both jurisdictions and that basic salaries for these job classes shall be equal based on salary and fringe benefit survey findings)) commission.

Salary and fringe benefit survey information collected from private employers which identifies a specific employer with the salary and fringe benefit rates which that employer pays to its employees shall not be subject to public disclosure under chapter 42.17 RCW.

Sec. 28. Section 3, chapter 152, Laws of 1977 ex. sess. as amended by section 59, chapter 151, Laws of 1979 and RCW 41.06.163 are each amended to read as follows:

(1) In the conduct of salary and fringe benefit surveys under RCW 41.06.160 as now or hereafter amended, it is the intention of the legislature that the surveys be undertaken in a manner consistent with statistically accurate sampling techniques. For this purpose, a comprehensive salary and fringe benefit survey plan shall be submitted to the director of financial management, employee organizations, the standing committees for appropriations of the senate and house of representatives, and to the legislative budget committee six months before the beginning of each periodic survey required before regular legislative sessions. This comprehensive plan shall include but not be limited to the following:

(a) A complete explanation of the technical, statistical process to be used in the salary and fringe benefit survey including the percentage of accuracy expected from the planned statistical sample chosen for the survey and a definition of the term "prevailing rates" which is to be used in the planned survey;

(b) A comprehensive salary and fringe benefit survey model based on scientific statistical principles which:

(i) Encompasses the interrelationships among the various elements of the survey sample including sources of salary and fringe benefit data by organization type, size, and regional location;

(ii) Is representative of private and public employment in this state;

(iii) Ensures that, wherever practical, data from smaller, private firms are included and proportionally weighted in the survey sample; and

(iv) Indicates the methodology to be used in application of survey data to job classes used by state government;

(c) A prediction of the increase or decrease in total funding requirements expected to result from the pending salary and fringe benefit survey based on consumer price index information and other available trend data pertaining to Washington state salaries and fringe benefits.

(2) Every comprehensive survey plan shall fully consider fringe benefits as an element of compensation in addition to basic salary data. The plans prepared under this section shall be developed ((jointly by the department of personnel in conjunction with the higher education personnel board established under chapter 28B.16 RCW. All comprehensive salary and fringe benefit survey plans shall be submitted on a joint signature basis by the department of personnel and the higher education personnel board)) and submitted by the commission. The legislative budget committee shall review and evaluate all survey plans before final implementation.

(3) Interim or special surveys conducted under RCW 41.06.160 as now or hereafter amended shall conform when possible to the statistical techniques and principles developed for regular periodic surveys under this section.

(4) The term "fringe benefits" as used in this section and in conjunction with salary surveys shall include but not be limited to compensation for:

(a) Leave time, including vacation, holiday, civil, and personal leave;

(b) Employer retirement contributions;

(c) Health and insurance payments, including life, accident, and health insurance, workmen's compensation, and sick leave; and

(d) Stock options, bonuses, and purchase discounts where appropriate.

Sec. 29. Section 5, chapter 152, Laws of 1977 ex. sess. as last amended by section 2, chapter 11, Laws of 1980 and RCW 41.06.167 are each amended to read as follows:

The ((~~department of personnel~~)) commission shall undertake salary and fringe benefit surveys for officers of the Washington state patrol, with such surveys to be conducted at least in the year prior to the convening of each one hundred five day regular session of the state legislature. The results of each such survey shall be forwarded, after review and concurrence by the chief of the Washington state patrol, to the governor and director of financial management for their use in preparing budgets to be submitted to the succeeding legislature. A copy of the data and supporting documentation shall be furnished by the ((~~department of personnel~~)) commission to the legislative budget committee and the standing committees for appropriations of the senate and house of representatives. The office of financial management shall analyze the survey results and conduct investigations which may be necessary to arbitrate differences between interested parties regarding the accuracy of collected survey data and the use of such data for salary adjustment.

Surveys conducted by the ((~~department of personnel~~)) commission for the Washington state patrol shall be undertaken in a manner consistent with statistically accurate sampling techniques, including comparisons of weighted averages of salaries. This service performed by the ((~~department of personnel~~)) commission shall be on a reimbursable basis in accordance with the provisions of RCW 41.06.080 as now existing or hereafter amended.

A comprehensive salary and fringe benefits survey plan shall be submitted jointly by the ((~~department of personnel~~)) commission and the Washington state patrol to the director of financial management, the committee on ways and means of the senate, the committee on appropriations of the house of representatives and to the legislative budget committee six months before the beginning of each periodic survey. The legislative budget committee shall review and evaluate the survey plan before final implementation.

Sec. 30. Section 17, chapter 1, Laws of 1961 as last amended by section 19, chapter 311, Laws of 1981 and RCW 41.06.170 are each amended to read as follows:

(1) The ((~~board~~)) commission, in the promulgation of rules and regulations governing suspensions for cause, shall not authorize an appointing authority to suspend an employee for more than fifteen calendar days as a single penalty or more than thirty calendar days in any one calendar year as an accumulation of several penalties. The board shall require that the appointing authority give written notice to the employee not later than one day after the suspension takes effect, stating the reasons for and the duration thereof. The authority shall file a copy of the notice with the director of personnel.

(2) Any employee who is reduced, dismissed, suspended, or demoted, after completing his probationary period of service as provided by the rules and regulations of the board, or any employee who is adversely affected by a violation of the state civil service law, chapter 41.06 RCW, as now or hereafter amended, or rules promulgated pursuant thereto, shall have the right to appeal to the personnel appeals board created by RCW 41.64.010 not later than thirty days after the effective date of such action. The employee shall be furnished with specified charges in writing when a reduction, dismissal, suspension, or demotion action is taken. Such appeal shall be in writing.

(3) An employee incumbent in a position at the time of its allocation or reallocation, or the agency utilizing the position, may appeal the allocation or reallocation to the personnel appeals board created by RCW 41.64.010. Notice of such appeal must be filed in writing within thirty days of the action from which appeal is taken.

Sec. 31. Section 27, chapter 1, Laws of 1961 as amended by section 61, chapter 151, Laws of 1979 and RCW 41.06.270 are each amended to read as follows:

A disbursing officer shall not pay any employee holding a position covered by this chapter unless the employment is in accordance with this chapter or the rules, regulations and orders issued hereunder. The ((~~board~~)) commission and the director of financial management shall jointly establish procedures for the certification of payrolls.

Sec. 32. Section 13, chapter 215, Laws of 1969 ex. sess. and RCW 41.06.340 are each amended to read as follows:

Each and every provision of RCW 41.56.140 through 41.56.190 shall be applicable to this chapter as it relates to state civil service employees and the ((~~state personnel board~~)) commission, or its designee, whose final decision shall be appealable to the ((~~state personnel~~)) labor relations board, which is granted all powers and authority granted to the department of labor and industries by RCW 41.56.140 through 41.56.190.

Sec. 33. Section 1, chapter 152, Laws of 1969 ex. sess. and RCW 41.06.350 are each amended to read as follows:

The ((~~state personnel board~~)) commission is authorized to receive federal funds now available or hereafter made available for the assistance and improvement of public personnel administration, which may be expended in addition to the ((~~department of personnel~~)) state employment commission service fund established by ((~~RCW 41.06.280~~)) section 8 of this 1985 act.

Sec. 34. Section 4, chapter 118, Laws of 1980 and RCW 41.06.400 are each amended to read as follows:

(1) In addition to other powers and duties specified in this chapter, the ((~~board~~)) commission shall, by rule, prescribe the purpose and minimum standards for training and career development programs and, in so doing, regularly consult with and consider the needs of individual agencies and employees.

(2) In addition to other powers and duties specified in this chapter, the director shall:

(a) Provide for the evaluation of training and career development programs and plans of agencies based on minimum standards established by the ((~~board~~)) commission. The director shall report the results of such evaluations to the agency which is the subject of the evaluation;

(b) Provide training and career development programs which may be conducted more efficiently and economically on an interagency basis;

(d) Monitor and review the impact of training and career development programs to ensure that the responsibilities of the state to provide equal employment opportunities are diligently carried out. The director shall report to the ((~~board~~)) commission the impact of training and career development programs on the fulfillment of such responsibilities.

(3) At an agency's request, the director may provide training and career development programs for an agency's internal use which may be conducted more efficiently and economically by the ((~~department of personnel~~)) commission.

Sec. 35. Section 5, chapter 118, Laws of 1980 and RCW 41.06.410 are each amended to read as follows:

Each agency subject to the provisions of this chapter shall:

(1) Prepare an employee training and career development plan which shall at least meet minimum standards established by the ((~~board~~)) commission. A copy of such plan shall be submitted to the director for purposes of administering the provisions of RCW 41.06.400(2);

(2) Provide for training and career development for its employees in accordance with the agency plan;

(3) Report on its training and career development program operations and costs to the director in accordance with reporting procedures adopted by the ((~~board~~)) commission;

(4) Budget for training and career development in accordance with procedures of the office of financial management.

Sec. 36. Section 6, chapter 118, Laws of 1980 and RCW 41.06.420 are each amended to read as follows:

(1) The ((~~board~~)) commission, by rule, shall prescribe the conditions under which an employee appointed to a supervisory or management position after June 12, 1980, shall be required to successfully complete an entry-level management training course as approved by the director. Such training shall not be required of any employee who has completed a management training course prior to the employee's appointment which is, in the judgment of the director, at least equivalent to the entry-level course required by this section.

(2) The ((~~board~~)) commission, by rule, shall establish procedures for the suspension of the entry-level training requirement in cases where the ability of an agency to perform its responsibilities is adversely affected, or for the waiver of this requirement in cases where a person has demonstrated experience as a substitute for training.

(3) Agencies subject to the provisions of this chapter, in accordance with rules prescribed by the ((~~board~~)) commission, shall designate individual positions, or groups of positions, as being "supervisory" or "management" positions. Such designations shall be subject to review by the director as part of the director's evaluation of training and career development programs prescribed by RCW 41.06.400(2).

Sec. 37. Section 7, chapter 118, Laws of 1980 and RCW 41.06.430 are each amended to read as follows:

(1) The ((~~board~~)) commission, by rule, shall develop a career executive program which recognizes the profession of management and recognizes excellence in managerial skills in order to (a) identify, attract, and retain highly qualified executive candidates, (b) provide outstanding employees a broad opportunity for career development, and (c) provide for the mobility of such employees among agencies, it being to the advantage of the state to make the most beneficial use of individual managerial skills.

(2) To accomplish the purposes of subsection (1) of this section, the ((~~board~~)) commission, notwithstanding any other provision of this chapter, may provide policies and standards for recruitment, appointment, examination, training, probation, employment register control, certification, classification, salary administration, transfer, promotion, reemployment, conditions of employment, and separation separate from procedures established for other employment.

(3) The director, in consultation with affected agencies, shall recommend to the ((~~board~~)) commission the classified positions which may be filled by participants in the career executive program. Upon the request of an agency, management positions that are exempt from the state civil service law pursuant to RCW 41.06.070 may be included in all or any part of the career executive program: PROVIDED, That an agency may at any time, after providing written notice to the ((~~board~~)) commission, withdraw an exempt position from the career executive program. No employee may be placed in the career executive program without the employee's consent.

(4) The number of employees participating in the career executive program shall not exceed one percent of the employees subject to the provisions of this chapter.

(5) The director shall monitor and review the impact of the career executive program to ensure that the responsibilities of the state to provide equal employment opportunities are diligently carried out. The director shall report to the ((~~board~~)) commission the impact of the career executive program on the fulfillment of such responsibilities.

(6) Any classified state employee, upon entering a position in the career executive program, shall be entitled subsequently to revert to any class or position previously held with permanent status, or, if such position is not available, revert to a position similar in nature and salary to the position previously held.

Sec. 38. Section 8, chapter 118, Laws of 1980 and RCW 41.06.440 are each amended to read as follows:

(1) The career executive program established by RCW 41.06.430 shall terminate on June 30, 1985, unless extended by law for an additional fixed period of time.

(2) Prior to this termination date, the appropriate standing committee in each house of the legislature shall hold a public hearing to receive testimony on the effectiveness of the program from employee participants in the career executive program, agency directors, the director of the ((~~department of personnel~~)) commission, and other interested parties.

(3) The legislative budget committee shall cause to be conducted a performance audit of the career executive program. Such audit shall be completed at least six months prior to the termination date for the program. Upon completion of the performance audit, the legislative budget committee shall submit a complete report of its findings to the president of the senate and the speaker of the house for use by the appropriate standing committees designated to review the career executive program.

Sec. 39. Section 10, chapter 208, Laws of 1982 and RCW 41.06.450 are each amended to read as follows:

(1) ((~~By January 1, 1983, the personnel board~~)) The commission shall adopt rules applicable to each agency to ensure that information relating to employee misconduct or alleged misconduct is destroyed or maintained as follows:

(a) All such information determined to be false and all such information in situations where the employee has been fully exonerated of wrongdoing, shall be promptly destroyed;

(b) All such information having no reasonable bearing on the employee's job performance or on the efficient and effective management of the agency, shall be promptly destroyed;

(c) All other information shall be retained only so long as it has a reasonable bearing on the employee's job performance or on the efficient and effective management of the agency.

(2) Notwithstanding subsection (1) of this section, an agency may retain information relating to employee misconduct or alleged misconduct if:

(a) The employee requests that the information be retained; or

(b) The information is related to pending legal action or legal action may be reasonably expected to result.

(3) In adopting rules under this section, the ((~~personnel board~~)) commission shall consult with the public disclosure commission to ensure that the public policy of the state, as expressed in chapter 42.17 RCW, is adequately protected.

NEW SECTION. Sec. 40. Except as provided in section 11(5) of this act, a public employee who, on the effective date of this section, has a classified position under chapter 28B.16 or 41.06 RCW shall not lose the classified position as a result of the enactment of this act.

NEW SECTION. Sec. 41. The higher education personnel board shall assist in providing for the financial support of the state employment commission and the labor relations board as provided in section 43 of this act.

NEW SECTION. Sec. 42. On the effective date of this section, the state personnel board and the higher education personnel board shall each transfer to the state employment commission an amount equal to 4.7 percent of their biennial appropriation. The commission shall distribute at least thirty-five thousand dollars of the amount transferred to the labor relations board. The labor relations board shall use such funds, or so much thereof as is necessary, to pay its operating expenses. The commission shall use the remainder, or so much thereof as is necessary, to pay its operating expenses. In lieu of a portion of their 4.7 percent contribution, each board may, with the approval of the commission, provide clerical assistance, goods and services, or equipment.

NEW SECTION. Sec. 43. The state employment commission shall issue a report to the legislature containing recommendations in respect to including within the jurisdiction of the commission those employee groups not currently under its jurisdiction. The report shall be submitted by January 1, 1988.

NEW SECTION. Sec. 44. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 1, Laws of 1961, section 1, chapter 118, Laws of 1980 and RCW 41.06.010;

(2) Section 3, chapter 1, Laws of 1961 and RCW 41.06.030;

(3) Section 8, chapter 10, Laws of 1982, section 69, chapter 287, Laws of 1984 and RCW 41.06.110;

(4) Section 13, chapter 1, Laws of 1961, section 3, chapter 53, Laws of 1982 1st ex. sess. and RCW 41.06.130;

(5) Section 14, chapter 1, Laws of 1961 and RCW 41.06.140;

(6) Section 4, chapter 53, Laws of 1982 1st ex. sess., section 5, chapter 75, Laws of 1983 1st ex. sess. and RCW 41.06.150;

(7) Section 6, chapter 152, Laws of 1977 ex. sess., section 5, chapter 53, Laws of 1982 1st ex. sess. and RCW 41.06.169;

(8) Section 6, chapter 53, Laws of 1982 1st ex. sess. and RCW 41.06.175;

(9) Section 8, chapter 53, Laws of 1982 1st ex. sess. and RCW 41.06.185;

(10) Section 9, chapter 53, Laws of 1982 1st ex. sess. and RCW 41.06.195;

(11) Section 7, chapter 53, Laws of 1982 1st ex. sess. and RCW 41.06.205;

(12) Section 10, chapter 53, Laws of 1982 1st ex. sess. and RCW 41.06.215;

(13) Section 22, chapter 1, Laws of 1961 and RCW 41.06.220;

(14) Section 23, chapter 1, Laws of 1961 and RCW 41.06.230;

(15) Section 24, chapter 1, Laws of 1961 and RCW 41.06.240;

(16) Section 28, chapter 1, Laws of 1961, section 1, chapter 215, Laws of 1963, section 13, chapter 167, Laws of 1982, section 45, chapter 7, Laws of 1984 and RCW 41.06.280;

(17) Section 1, chapter 45, Laws of 1969 and RCW 41.06.300;

(18) Section 2, chapter 45, Laws of 1969 and RCW 41.06.310;

(19) Section 3, chapter 45, Laws of 1969 and RCW 41.06.320; and

(20) Section 4, chapter 45, Laws of 1969 and RCW 41.06.330.

NEW SECTION. Sec. 45. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.010;

(2) Section 2, chapter 36, Laws of 1969 ex. sess., section 41, chapter 169, Laws of 1977 ex. sess., section 14, chapter 53, Laws of 1982 1st ex. sess., section 1, chapter 75, Laws of 1983 1st ex. sess. and RCW 28B.16.020;

(3) Section 3, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.030;

(4) Section 4, chapter 36, Laws of 1969 ex. sess., section 1, chapter 94, Laws of 1977 ex. sess., section 15, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.040;

(5) Section 6, chapter 36, Laws of 1969 ex. sess., section 73, chapter 34, Laws of 1975-'76 2nd ex. sess., section 19, chapter 338, Laws of 1981, section 63, chapter 287, Laws of 1984 and RCW 28B.16.060;

(6) Section 7, chapter 36, Laws of 1969 ex. sess., section 1, chapter 23, Laws of 1983 and RCW 28B.16.070;

(7) Section 8, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.080;

(8) Section 9, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.090;

(9) Section 10, chapter 36, Laws of 1969 ex. sess., section 1, chapter 19, Laws of 1971 ex. sess., section 2, chapter 154, Laws of 1973, section 2, chapter 75, Laws of 1973 1st ex. sess., section 1, chapter 122, Laws of 1975 1st ex. sess., section 8, chapter 152, Laws of 1977 ex. sess., section 15, chapter 151, Laws of 1979, section 16, chapter 53, Laws of 1982 1st ex. sess., section 2, chapter 75, Laws of 1983 1st ex. sess. and RCW 28B.16.100;

(10) Section 9, chapter 152, Laws of 1977 ex. sess., section 19, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.101;

(11) Section 13, chapter 152, Laws of 1977 ex. sess., section 17, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.105;

(12) Section 11, chapter 36, Laws of 1969 ex. sess., section 2, chapter 122, Laws of 1975 1st ex. sess., section 10, chapter 152, Laws of 1977 ex. sess., section 16, chapter 151, Laws of 1979, section 3, chapter 11, Laws of 1980 and RCW 28B.16.110;

(13) Section 11, chapter 152, Laws of 1977 ex. sess., section 17, chapter 151, Laws of 1979 and RCW 28B.16.112;

(14) Section 12, chapter 152, Laws of 1977 ex. sess. and RCW 28B.16.113;

(15) Section 3, chapter 75, Laws of 1983 1st ex. sess. and RCW 28B.16.116;

(16) Section 12, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.120;

(17) Section 13, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.130;

(18) Section 14, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.140;

(19) Section 15, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.150;

(20) Section 16, chapter 36, Laws of 1969 ex. sess., section 72, chapter 81, Laws of 1971 and RCW 28B.16.160;

(21) Section 26, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.170;

(22) Section 17, chapter 36, Laws of 1969 ex. sess., section 3, chapter 46, Laws of 1973 1st ex. sess. and RCW 28B.16.180;

(23) Section 19, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.190;

(24) Section 20, chapter 36, Laws of 1969 ex. sess., section 18, chapter 151, Laws of 1979 and RCW 28B.16.200;

(25) Section 29, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.210;

(26) Section 31, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.220;

(27) Section 14, chapter 215, Laws of 1969 ex. sess., section 6, chapter 62, Laws of 1973 and RCW 28B.16.230;

(28) Section 1, chapter 46, Laws of 1979 ex. sess. and RCW 28B.16.240;

(29) Section 18, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.250;

(30) Section 21, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.260;

(31) Section 22, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.270;

(32) Section 20, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.280;

(33) Section 23, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.290;

(34) Section 18, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.900;

(35) Section 27, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.910;

(36) Section 30, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.920; and

(37) Section 28, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.930.

NEW SECTION. Sec. 46. This 1985 act shall be liberally construed to effect its purposes. This 1985 act shall control over any other laws inconsistent therewith.

NEW SECTION. Sec. 47. The transfer of the powers, duties, and functions by this act shall not affect the validity of any act performed by an agency prior to the effective date of the transfer. This act shall not have the effect of terminating or in any way modifying any obligation or liability which is already in existence on the effective date of this section. This act shall not be construed as affecting any existing right acquired under the rules of the agencies affected by this act, nor as affecting any proceeding instituted thereunder.

NEW SECTION. Sec. 48. If apportionments of budgeted funds are required because of the transfers directed by this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 49. Nothing contained in this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified as provided by law.

NEW SECTION. Sec. 50. Sections 1 through 18 and 23 of this act are each added to chapter 41.06 RCW.

NEW SECTION. Sec. 51. (1) Sections 1 through 7, 9 through 12, 14 through 17, 41, 42, and 46 of this act are 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.

(2) The remaining sections of this act shall take effect on July 1, 1986.