S-373                 _______________________________________________

                                                   SENATE BILL NO. 3274

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Warnke, Vognild, Gaspard, Bottiger, Moore, Wojahn, Williams, Halsan and Peterson

Read first time 1/23/85 and referred to Committee on Commerce and Labor.

AN ACT Relating to school employees' compensation; amending RCW 28A.58.095; and repealing RCW 41.56.960 and 41.59.935.

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

        Sec. 1.  Section 2, chapter 16, Laws of 1981 as last amended by section 1, chapter 245, Laws of 1984 and RCW 28A.58.095 are each amended to read as follows:

          (1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees.  ((No school district board of directors may grant salary and compensation increases from any fund source whatsoever in excess of the amount and/or percentage as may be provided for employees as set forth in the state operating appropriations act in effect at the time the compensation is payable.  No school district administrative group or administrative bargaining unit, or other nonbargaining unit employees as defined in RCW 41.59.020(4), and 41.56.030 may receive a total annual salary and compensation increase in excess of the amount and/or percentage as set forth in the state operating appropriations act.))  Whenever a school district board of directors increases the salary and compensation of district employees above that amount specifically provided by the legislature pursuant to RCW 28A.41.130 and 28A.41.140, then such additional salary and compensation increases shall be solely the financial responsibility of that school district.

          (2) Increases in school district employee fringe benefit contributions by school districts shall be included for purposes of determining salary and compensation increases under this section if contributions to fringe benefits provided by a district exceed or, by virtue of the increase, will exceed the amount provided for fringe benefits in the state operating appropriations act in effect at the time the compensation is payable.

          (3) For purposes of this section, salary and compensation shall not include the following:

          (a) Payment for unused leave for illness or injury under RCW 28A.58.096,    (b) Employer contributions for the following employee fringe benefits:

          (i) Old Age Survivors Insurance

          (ii) Workers' Compensation

          (iii) Unemployment Compensation

          (iv) Retirement benefits under the Washington State Retirement System.

          (4) Provisions of any contract in force on March 20, 1981 which conflict with requirements of this section shall continue in effect until contract expiration.  After expiration, any new contract executed between the parties shall be consistent with this section.

          (5) The superintendent of public instruction shall ensure compliance with this section and shall adopt rules under chapter 34.04 RCW for that purpose.  The superintendent shall monitor the salary and compensation increases provided to employees and administrators by school districts.

NEW SECTION. Sec. 2.  The following acts or parts of acts are each repealed:

                   (1) Section 4, chapter 16, Laws of 1981 and RCW 41.56.960; and

          (2) Section 3, chapter 16, Laws of 1981 and RCW 41.59.935.

NEW SECTION. Sec. 3.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.