1509-S.E AMS HIE S2909.1
ESHB 1509 - S COMM AMD
By Committee on Higher Education
NOT ADOPTED 4/15/93
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature acknowledges the academic freedom of institutions of higher education, and seeks to improve their efficiency and effectiveness in carrying out their missions. By this act, the legislature intends to increase the flexibility of institutions of higher education to manage personnel, construction, purchasing, printing, and tuition.
PART I
PURCHASING, PRINTING, AND CONSTRUCTION AUTHORITY
NEW SECTION. Sec. 101. A new section is added to chapter 28B.10 RCW to read as follows:
(1) An institution of higher education may exercise independently those powers otherwise granted to the director of general administration in chapter 43.19 RCW in connection with the purchase and disposition of all material, supplies, services, and equipment needed for the support, maintenance, and use of the respective institution of higher education. Property disposition policies followed by institutions of higher education shall be consistent with policies followed by the department of general administration. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapters 39.19, 39.29, and 43.03 RCW, and RCW 43.19.1901, 43.19.1906, 43.19.1911, 43.19.1917, 43.19.1937, 43.19.534, 43.19.685, 43.19.700 through 43.19.704, and 43.19.550 through 43.19.637. The community and technical colleges shall comply with RCW 43.19.450. Except for the University of Washington, institutions of higher education shall comply with RCW 43.19.1935, 43.19.19363, and 43.19.19368. If an institution of higher education can satisfactorily demonstrate to the director of the office of financial management that the cost of compliance is greater than the value of benefits from any of the following statutes, then it shall be exempt from them: RCW 43.19.685; 43.19.534; and 43.19.637. Any institution of higher education that chooses to exercise independent purchasing authority for a commodity or group of commodities shall notify the director of general administration. Thereafter the director of general administration shall not be required to provide those services for that institution for the duration of the general administration contract term for that commodity or group of commodities.
(2) An institution of higher education may exercise independently those powers otherwise granted to the public printer in chapter 43.78 RCW in connection with the production or purchase of any printing and binding needed by the respective institution of higher education. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapter 39.19 RCW. Any institution of higher education that chooses to exercise independent printing production or purchasing authority shall notify the public printer. Thereafter the public printer shall not be required to provide those services for that institution.
Sec. 102. RCW 43.19.190 and 1991 c 238 s 135 are each amended to read as follows:
The director of general administration, through the state purchasing and material control director, shall:
(1) Establish and staff such administrative organizational units within the division of purchasing as may be necessary for effective administration of the provisions of RCW 43.19.190 through 43.19.1939;
(2) Purchase all
material, supplies, services, and equipment needed for the support,
maintenance, and use of all state institutions, colleges, community colleges,
technical colleges, college districts, and universities, the offices of the
elective state officers, the supreme court, the court of appeals, the
administrative and other departments of state government, and the offices of
all appointive officers of the state: PROVIDED, That the provisions of RCW
43.19.190 through 43.19.1937 do not apply in any manner to the operation of the
state legislature except as requested by said legislature: PROVIDED, That
primary authority for the purchase of specialized equipment, instructional, and
research material for their own use shall rest with the colleges, community
colleges, and universities: PROVIDED FURTHER, That universities operating
hospitals and the state purchasing and material control director, as the agent
for state hospitals as defined in RCW 72.23.010, and for health care programs
provided in state correctional institutions as defined in RCW 72.65.010(3) and
veterans' institutions as defined in RCW 72.36.010 and 72.36.070, may make
purchases for hospital operation by participating in contracts for materials,
supplies, and equipment entered into by nonprofit cooperative hospital
((service)) group purchasing organizations ((as defined in
section 501(e) of the Internal Revenue Code, or its successor)): PROVIDED
FURTHER, That primary authority for the purchase of materials, supplies, and
equipment for resale to other than public agencies shall rest with the state
agency concerned: PROVIDED FURTHER, That authority to purchase services as
included herein does not apply to personal services as defined in chapter 39.29
RCW, unless such organization specifically requests assistance from the
division of purchasing in obtaining personal services and resources are
available within the division to provide such assistance: PROVIDED FURTHER,
That the authority for the purchase of insurance and bonds shall rest with the
risk manager under RCW 43.19.1935 ((as now or hereafter amended)):
PROVIDED FURTHER, That, except for the authority of the risk manager to
purchase insurance and bonds, the director is not required to provide
purchasing services for institutions of higher education that choose to
exercise independent purchasing authority under section 101 of this act;
(3) Provide the required staff assistance for the state supply management advisory board through the division of purchasing;
(4) Have authority to
delegate to state agencies authorization to purchase or sell, which
authorization shall specify restrictions as to dollar amount or to specific
types of material, equipment, services, and supplies: PROVIDED, That
acceptance of the purchasing authorization by a state agency does not relieve
such agency from conformance with other sections of RCW 43.19.190 through
43.19.1939, ((as now or hereafter amended,)) or from policies
established by the director after consultation with the state supply management
advisory board: PROVIDED FURTHER, That delegation of such authorization to a
state agency, including an educational institution to which this section
applies, to purchase or sell material, equipment, services, and supplies
shall not be granted, or otherwise continued under a previous authorization, if
such agency is not in substantial compliance with overall state purchasing and
material control policies as established herein;
(5) Contract for the testing of material, supplies, and equipment with public and private agencies as necessary and advisable to protect the interests of the state;
(6) Prescribe the manner of inspecting all deliveries of supplies, materials, and equipment purchased through the division;
(7) Prescribe the manner in which supplies, materials, and equipment purchased through the division shall be delivered, stored, and distributed;
(8) Provide for the maintenance of a catalogue library, manufacturers' and wholesalers' lists, and current market information;
(9) Provide for a commodity classification system and may, in addition, provide for the adoption of standard specifications after receiving the recommendation of the supply management advisory board;
(10) Provide for the maintenance of inventory records of supplies, materials, and other property;
(11) Prepare rules and regulations governing the relationship and procedures between the division of purchasing and state agencies and vendors;
(12) Publish procedures and guidelines for compliance by all state agencies, including those educational institutions to which this section applies, which implement overall state purchasing and material control policies;
(13) Conduct periodic visits to state agencies, including those educational institutions to which this section applies, to determine if statutory provisions and supporting purchasing and material control policies are being fully implemented, and based upon such visits, take corrective action to achieve compliance with established purchasing and material control policies under existing statutes when required.
Sec. 103. RCW 43.19.1906 and 1992 c 85 s 1 are each amended to read as follows:
Insofar as practicable,
all purchases and sales shall be based on competitive bids, and a formal sealed
bid procedure shall be used as standard procedure for all purchases and
contracts for purchases and sales executed by the state purchasing and material
control director and under the powers granted by RCW 43.19.190 through
43.19.1939((, as now or hereafter amended)). This requirement also
applies to purchases and contracts for purchases and sales executed by
agencies, including educational institutions, under delegated authority granted
in accordance with provisions of RCW 43.19.190 ((as now or hereafter amended))
or under section 101 of this act. However, formal sealed bidding is not
necessary for:
(1) Emergency purchases made pursuant to RCW 43.19.200 if the sealed bidding procedure would prevent or hinder the emergency from being met appropriately;
(2) Purchases not
exceeding five thousand dollars, or subsequent limits as calculated by the
office of financial management: PROVIDED, That the state director of general
administration shall establish procedures to assure that purchases made by or
on behalf of the various state agencies shall not be made so as to avoid the
five thousand dollar bid limitation, or subsequent bid limitations as
calculated by the office of financial management: PROVIDED FURTHER, That the
state purchasing and material control director is authorized to reduce the
formal sealed bid limits of five thousand dollars, or subsequent limits as
calculated by the office of financial management, to a lower dollar amount for
purchases by individual state agencies((, including purchases of specialized
equipment, instructional, and research equipment and materials by colleges and
universities,)) if considered necessary to maintain full disclosure of
competitive procurement or otherwise to achieve overall state efficiency and
economy in purchasing and material control. Quotations from four hundred
dollars to five thousand dollars, or subsequent limits as calculated by the
office of financial management, shall be secured from enough vendors to assure
establishment of a competitive price and may be obtained by telephone or
written quotations, or both. Immediately after the award is made, the bid
quotations obtained shall be recorded and open to public inspection and shall
be available by telephone inquiry. A record of competition for all such
purchases from four hundred dollars to five thousand dollars, or subsequent
limits as calculated by the office of financial management, shall be documented
for audit purposes on a standard state form approved by the forms management
center under the provisions of RCW 43.19.510. Purchases up to four hundred
dollars may be made without competitive bids based on buyer experience and
knowledge of the market in achieving maximum quality at minimum cost:
PROVIDED, That this four hundred dollar direct buy limit without competitive
bids may be increased incrementally as required to a maximum of eight hundred
dollars with the approval of at least ten of the members of the state supply
management advisory board, if warranted by increases in purchasing costs due to
inflationary trends;
(3) Purchases which are clearly and legitimately limited to a single source of supply and purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation;
(4) Purchases of
insurance and bonds by the risk management office under RCW 43.19.1935 ((as
now or hereafter amended));
(5) Purchases and contracts for vocational rehabilitation clients of the department of social and health services: PROVIDED, That this exemption is effective only when the state purchasing and material control director, after consultation with the director of the division of vocational rehabilitation and appropriate department of social and health services procurement personnel, declares that such purchases may be best executed through direct negotiation with one or more suppliers in order to expeditiously meet the special needs of the state's vocational rehabilitation clients;
(6) Purchases by
universities for hospital operation or biomedical teaching or research purposes
and by the state purchasing and material control director, as the agent for
state hospitals as defined in RCW 72.23.010, and for health care programs
provided in state correctional institutions as defined in RCW 72.65.010(3) and
veterans' institutions as defined in RCW 72.36.010 and 72.36.070, made by
participating in contracts for materials, supplies, and equipment entered into
by nonprofit cooperative hospital ((service)) group purchasing
organizations ((as defined in section 501(e) of the Internal Revenue Code,
or its successor));
(7) Purchases by
institutions of higher education not exceeding fifteen thousand dollars ((that
are funded by research grant or contract funds, or other nonstate appropriated
funds)): PROVIDED, That for purchases between two thousand five hundred
dollars and fifteen thousand dollars quotations shall be secured from enough
vendors to assure establishment of a competitive price and may be obtained by
telephone or written quotations, or both. A record of competition for all such
purchases made from two thousand five hundred to fifteen thousand dollars shall
be documented for audit purposes ((on a standard state form approved by the
forms management center under provisions of RCW 43.19.510)); and
(8) Beginning on July
1, ((1989)) 1995, and on July 1 of each succeeding odd-numbered
year, the ((five thousand)) dollar limits specified in ((subsection
(2) of)) this section shall be adjusted as follows: The office of
financial management shall calculate such limits by adjusting the
previous biennium's limits by the appropriate federal inflationary index
reflecting the rate of inflation for the previous biennium. Such amounts shall
be rounded to the nearest one hundred dollars.
Sec. 104. RCW 43.78.030 and 1988 c 102 s 1 are each amended to read as follows:
The public printer
shall print and bind the session laws, the journals of the two houses of the
legislature, all bills, resolutions, documents, and other printing and binding
of either the senate or house, as the same may be ordered by the legislature;
and such forms, blanks, record books, and printing and binding of every
description as may be ordered by all state officers, boards, commissions, and
institutions, and the supreme court, and the court of appeals and officers
thereof, as the same may be ordered on requisition, from time to time, by the
proper authorities. This section shall not apply to the printing of the
supreme court and the court of appeals reports, ((or)) to the printing
of bond certificates or bond offering disclosure documents, or to any
printing done or contracted for by institutions of higher education: PROVIDED,
That institutions of higher education, in consultation with the public printer,
develop vendor selection procedures comparable to those used by the public
printer for contracted printing jobs. Where any institution or institution
of higher learning of the state is or may become equipped with facilities for
doing such work, it may do any printing: (1) For itself, or (2) for any other
state institution when such printing is done as part of a course of study
relative to the profession of printer. Any printing and binding of whatever
description as may be needed by any ((institution of higher learning,))
institution or agency of the state department of social and health services not
at Olympia, or the supreme court or the court of appeals or any officer
thereof, the estimated cost of which shall not exceed one thousand dollars, may
be done by any private printing company in the general vicinity within the
state of Washington so ordering, if in the judgment of the officer of the
agency so ordering, the saving in time and processing justifies the award to
such local private printing concern. ((Further, where any printing or
binding needed by an institution of higher education is to be paid for from
research grant or contract funds, short course revenues, or other nonstate
appropriated funding source, such printing or binding may be done by any
private printing company in the state of Washington, irrespective of the dollar
limit specified in this section, when in the judgment of the officer of the
institution so ordering, the saving in time or cost justifies the award to such
local private printing concern.))
Beginning on July 1, 1989, and on July 1 of each succeeding odd-numbered year, the dollar limit specified in this section shall be adjusted as follows: The office of financial management shall calculate such limit by adjusting the previous biennium's limit by an appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest fifty dollars.
NEW SECTION. Sec. 105. A new section is added to chapter 43.78 RCW to read as follows:
The public printer may use the state printing plant for the purposes of printing or furnishing materials under RCW 43.78.100 if an interlocal agreement under chapter 39.34 RCW has been executed between an institution of higher education and the public printer.
Sec. 106. RCW 43.78.100 and 1965 c 8 s 43.78.100 are each amended to read as follows:
The public printer shall furnish all paper, stock, and binding materials required in all public work, and shall charge the same to the state, as it is actually used, at the actual price at which it was purchased plus five percent for waste, insurance, storage, and handling. This section does not apply to institutions of higher education.
Sec. 107. RCW 43.78.110 and 1982 c 164 s 3 are each amended to read as follows:
Whenever in the
judgment of the public printer certain printing, ruling, binding, or supplies
can be secured from private sources more economically than by doing the work or
preparing the supplies in the state printing plant, ((he)) the public
printer may obtain such work or supplies from such private sources. ((The
public printer shall notify day training centers, group training homes, and
sheltered workshops providing printing and related trade services under RCW
43.19.532 of the opportunity to bid on the provision of such work or supplies
under this section.))
In event any work or supplies are secured on behalf of the state under this section the state printing plant shall be entitled to add up to five percent to the cost thereof to cover the handling of the orders which shall be added to the bills and charged to the respective authorities ordering the work or supplies. The five percent handling charge shall not apply to contracts with institutions of higher education.
Sec. 108. RCW 28B.50.330 and 1991 c 238 s 48 are each amended to read as follows:
The boards of trustees
of college districts are empowered in accordance with the provisions of this
chapter to provide for the construction, reconstruction, erection, equipping,
demolition, and major alterations of buildings and other capital assets, and
the acquisition of sites, rights-of-way, easements, improvements, or
appurtenances for the use of the aforementioned colleges as authorized by the
college board in accordance with RCW 28B.50.140; to be financed by bonds
payable out of special funds from revenues hereafter derived from income
received from such facilities, gifts, bequests, or grants, and such additional
funds as the legislature may provide, and payable out of a bond retirement fund
to be established by the respective district boards in accordance with rules
and regulations of the state board. With respect to building, improvements, or
repairs, or other work, where the estimated cost exceeds ((fifteen)) twenty-five
thousand dollars, complete plans and specifications for such work shall be
prepared ((and such work shall be prepared)) and such work shall be put
out for public bids and the contract shall be awarded to the lowest responsible
bidder if in accordance with the bid specifications: PROVIDED, That when
such building, construction, renovation, remodeling, or demolition involves one
trade or craft area and the estimated cost exceeds ten thousand dollars,
complete plans and specifications for such work shall be prepared and such work
shall be put out for public bids, and the contract shall be awarded to the
lowest responsible bidder if in accordance with the bid specifications. This
subsection shall not apply when a contract is awarded by the small works
procedure authorized in RCW 39.04.150: PROVIDED FURTHER, That any project
regardless of dollar amount may be put to public bid.
Where the estimated
cost to any college of any building, improvements, or repairs, or other work,
is less than ((five)) twenty-five thousand dollars, the
publication requirements of RCW 39.04.020 ((and 39.04.070)) shall be
inapplicable.
Sec. 109. RCW 28B.10.350 and 1985 c 152 s 1 are each amended to read as follows:
(1) When the cost to The Evergreen State College, any regional university, or state university, of any building, construction, renovation, remodeling, or demolition other than maintenance or repairs will equal or exceed the sum of twenty-five thousand dollars, complete plans and specifications for such work shall be prepared and such work shall be put out for public bids and the contract shall be awarded to the lowest responsible bidder if in accordance with the bid specifications: PROVIDED, That when the estimated cost of such building, construction, renovation, remodeling, or demolition equals or exceeds the sum of twenty-five thousand dollars, such project shall be deemed a public works and "the prevailing rate of wage," under chapter 39.12 RCW shall be applicable thereto: PROVIDED FURTHER, That when such building, construction, renovation, remodeling, or demolition involves one trade or craft area and the estimated cost exceeds ten thousand dollars, complete plans and specifications for such work shall be prepared and such work shall be put out for public bids, and the contract shall be awarded to the lowest responsible bidder if in accordance with the bid specifications. This subsection shall not apply when a contract is awarded by the small works procedure authorized in RCW 28B.10.355.
(2) The Evergreen State College, any regional university, or state university may require a project to be put to public bid even when it is not required to do so under subsection (1) of this section.
(3) Where the estimated
cost to The Evergreen State College, any regional university, or state
university of any building, construction, renovation, remodeling, or
demolition is less than twenty-five thousand dollars or the contract is awarded
by the small works procedure authorized in RCW 28B.10.355, the publication
requirements of RCW 39.04.020 ((and 39.04.090)) shall be inapplicable.
(4) In the event of any emergency when the public interest or property of The Evergreen State College, regional university, or state university would suffer material injury or damage by delay, the president of such college or university may declare the existence of such an emergency and reciting the facts constituting the same may waive the requirements of this section with reference to any contract in order to correct the condition causing the emergency: PROVIDED, That an "emergency," for the purposes of this section, means a condition likely to result in immediate physical injury to persons or to property of such college or university in the absence of prompt remedial action or a condition which immediately impairs the institution's ability to perform its educational obligations.
Sec. 110. RCW 28B.10.355 and 1985 c 152 s 2 are each amended to read as follows:
Each board of regents
of the state universities and each board of trustees of the regional
universities and The Evergreen State College may establish a small works
roster. The small works roster authorized by this section may be used for any
public works project for which the estimated cost is less than ((fifty))
one hundred thousand dollars. Each board shall adopt rules to implement
this section.
The roster shall be composed of all responsible contractors who have requested to be on the list. Each board shall establish a procedure for securing telephone or written quotations from the contractors on the small works roster to assure establishment of a competitive price and for awarding contracts to the lowest responsible bidder. This procedure shall require either that a good faith effort be made to request quotations from all contractors on the small works roster who have indicated the capability of performing the kind of public works being contracted or that the board shall solicit quotations from at least five contractors in a manner that will equitably distribute the opportunity among contractors on the roster. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection and available by telephone inquiry. Each board may adopt a procedure to prequalify contractors for inclusion on the small works roster. No board may be required to make available for public inspection or copying under chapter 42.17 RCW financial information required to be provided by the prequalification procedure.
The small works roster shall be revised at least once each year by publishing notice of such opportunity in at least one newspaper of general circulation in the state. Responsible contractors shall be added to the list at any time they submit a written request.
Sec. 111. RCW 39.04.020 and 1986 c 282 s 2 are each amended to read as follows:
Whenever the state((,))
or any municipality shall determine that any public work is necessary to be
done, it shall cause plans, specifications, or both thereof and an
estimate of the cost of such work to be made and filed in the office of the
director, supervisor, commissioner, trustee, board, or agency having by
law the authority to require such work to be done. The plans, specifications,
and estimates of cost shall be approved by the director, supervisor,
commissioner, trustee, board, or agency and the original draft or a certified
copy filed in such office before further action is taken.
If the state((,))
or such municipality shall determine that it is necessary or advisable that
such work shall be executed by any means or method other than by contract or by
a small works roster process, and it shall appear by such estimate that the
probable cost of executing such work will exceed the sum of fifteen thousand
dollars or the amounts specified in RCW 28B.10.350 or 28B.10.355 for
colleges and universities, or the amounts specified in RCW 28B.50.330 or
39.04.150 for community colleges and technical colleges, then the state or
such municipality shall at least fifteen days before beginning work cause such
estimate, together with a description of the work, to be published at least
once in a legal newspaper of general circulation published in or as near as
possible to that part of the county in which such work is to be done:
PROVIDED, That when any emergency shall require the immediate execution of such
public work, upon a finding of the existence of such emergency by the authority
having power to direct such public work to be done and duly entered of record,
publication of description and estimate may be made within seven days after the
commencement of the work.
Sec. 112. RCW 39.04.150 and 1988 c 36 s 12 are each amended to read as follows:
(1) As used in this section, "agency" means the department of general administration, the department of fisheries, the department of wildlife, and the state parks and recreation commission.
(2) In addition to any other power or authority that an agency may have, each agency, alone or in concert, may establish a small works roster consisting of all qualified contractors who have requested to be included on the roster.
(3) The small works roster may make distinctions between contractors based on the geographic areas served and the nature of the work the contractor is qualified to perform. At least once every year, the agency shall advertise in a newspaper of general circulation the existence of the small works roster and shall add to the roster those contractors who request to be included on the roster.
(4) Construction, repair, or alteration projects estimated to cost less than fifty thousand dollars, or less than one hundred thousand dollars for projects managed by the department of general administration for community colleges and technical colleges, as defined under chapter 28B.50 RCW, are exempt from the requirement that the contracts be awarded after advertisement and competitive bid as defined by RCW 39.04.010. In lieu of advertisement and competitive bid, the agency shall solicit at least five quotations, confirmed in writing, from contractors chosen by random number generated by computer from the contractors on the small works roster for the category of job type involved and shall award the work to the party with the lowest quotation or reject all quotations. If the agency is unable to solicit quotations from five qualified contractors on the small works roster for a particular project, then the project shall be advertised and competitively bid. The agency shall solicit quotations randomly from contractors on the small works roster in a manner which will equitably distribute the opportunity for these contracts among contractors on the roster: PROVIDED, That whenever possible, the agency shall invite at least one proposal from a minority contractor who shall otherwise qualify to perform such work. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone request.
(5) The breaking down of any public work or improvement into units or accomplishing any public work or improvement by phases for the purpose of avoiding the minimum dollar amount for bidding is contrary to public policy and is prohibited.
(6) The director of general administration shall adopt by rule a procedure to prequalify contractors for inclusion on the small works roster. Each agency shall follow the procedure adopted by the director of general administration. No agency shall be required to make available for public inspection or copying under chapter 42.17 RCW financial information required to be provided by the prequalification procedure.
(7) An agency may adopt by rule procedures to implement this section which shall not be inconsistent with the procedures adopted by the director of the department of general administration pursuant to subsection (6) of this section.
PART II
LOCAL TUITION AUTHORITY
Sec. 201. RCW 28B.15.031 and 1987 c 15 s 2 are each amended to read as follows:
The term
"operating fees" as used in this chapter shall include the fees,
other than building fees, charged all students registering at the state's
colleges and universities but shall not include fees for short courses,
self-supporting degree credit programs and courses, marine station work,
experimental station work, correspondence or extension courses, and individual
instruction and student deposits or rentals, disciplinary and library fines,
which colleges and universities shall have the right to impose, laboratory,
gymnasium, health, and student activity fees, or fees, charges, rentals, and
other income derived from any or all revenue producing lands, buildings and
facilities of the colleges or universities heretofore or hereafter acquired,
constructed or installed, including but not limited to income from rooms,
dormitories, dining rooms, hospitals, infirmaries, housing or student activity
buildings, vehicular parking facilities, land, or the appurtenances thereon, or
such other special fees as may be established by any college or university
board of trustees or regents from time to time. All moneys received as
operating fees at any institution of higher education shall be ((transmitted
to the state treasurer within thirty-five days of receipt to be deposited in
the state general fund)) deposited in a local account containing only
operating fees revenue and related interest: PROVIDED, That two and
one-half percent of ((moneys received as)) operating fees ((be exempt
from such deposit and)) shall be retained by the institutions,
except the technical colleges, for the purposes of RCW 28B.15.820((:
PROVIDED FURTHER, That money received by institutions of higher education from
the periodic payment plan authorized by RCW 28B.15.411 shall be transmitted to
the state treasurer within five days following the close of registration of the
appropriate quarter or semester)).
Sec. 202. RCW 28B.15.202 and 1992 c 231 s 7 are each amended to read as follows:
Tuition fees and maximum services and activities fees at the University of Washington and at Washington State University for other than the summer term shall be as follows:
(1) For full time resident undergraduate students and all other full time resident students not in graduate study programs or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be thirty-three percent of the per student undergraduate educational costs at the state universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be one hundred and twenty dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.
(2) For full time resident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be twenty‑three percent of the per student graduate educational costs at the state universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be one hundred and twenty dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.
(3) For full time resident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be one hundred sixty‑seven percent of such fees charged in subsection (2) of this section: PROVIDED, That the building fees for each academic year shall be three hundred and forty‑two dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.
(4) For full time nonresident undergraduate students and such other full time nonresident students not in graduate study programs or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, or doctor of veterinary medicine, the total tuition fees shall be one hundred percent of the per student undergraduate educational costs at the state universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be three hundred and fifty‑four dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.
(5) For full time nonresident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be sixty percent of the per student graduate educational costs at the state universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be three hundred and fifty‑four dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.
(6) For full time nonresident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be one hundred sixty‑seven percent of such fees charged in subsection (5) of this section: PROVIDED, That the building fees for each academic year shall be five hundred and fifty‑five dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.
(7) The governing boards of the state universities shall charge to and collect from each student, a services and activities fee. The governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in resident undergraduate tuition fees: PROVIDED, That such percentage increase shall not apply to that portion of the services and activities fee previously committed to the repayment of bonded debt. The services and activities fee committee provided for in RCW 28B.15.045 may initiate a request to the governing board for a fee increase.
Sec. 203. RCW 28B.15.402 and 1992 c 231 s 10 are each amended to read as follows:
Tuition fees and maximum services and activities fees at the regional universities and The Evergreen State College for other than the summer term shall be as follows:
(1) For full time resident undergraduate students and all other full time resident students not in graduate study programs, the total tuition fees shall be twenty-five percent of the per student undergraduate educational costs at the regional universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be seventy‑six dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.
(2) For full time resident graduate students, the total tuition fees shall be twenty‑three percent of the per student graduate educational costs at the regional universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be seventy‑six dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.
(3) For full time nonresident undergraduate students and all other full time nonresident students not in graduate study programs, the total tuition fees shall be one hundred percent of the per student undergraduate educational costs at the regional universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be two hundred and ninety‑five dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.
(4) For full time nonresident graduate students, the total tuition fees shall be seventy‑five percent of the per student graduate educational costs at the regional universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be two hundred and ninety‑five dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.
(5) The governing boards of each of the regional universities and The Evergreen State College shall charge to and collect from each student, a services and activities fee. The governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in resident undergraduate tuition fees: PROVIDED, That such percentage increase shall not apply to that portion of the services and activities fee previously committed to the repayment of bonded debt. The services and activities fee committee provided for in RCW 28B.15.045 may initiate a request to the governing board for a fee increase.
Sec. 204. RCW 28B.15.502 and 1992 c 231 s 11 are each amended to read as follows:
Tuition fees and maximum services and activities fees at each community college for other than the summer term shall be set by the state board for community and technical colleges as follows:
(1) For full time resident students, the total tuition fees shall be twenty‑three percent of the per student educational costs at the community colleges computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be one hundred and twenty‑seven dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.
(2) For full time nonresident students, the total tuition fees shall be one hundred percent of the per student educational costs at the community colleges computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be four hundred and three dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.
(3) The governing boards of each of the state community colleges shall charge to and collect from each student a services and activities fee. Each governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in resident student tuition fees: PROVIDED, That such percentage increase shall not apply to that portion of the services and activities fee previously committed to the repayment of bonded debt. The services and activities fee committee provided for in RCW 28B.15.045 may initiate a request to the governing board for a fee increase.
(4) Tuition and services and activities fees consistent with subsection (3) of this section shall be set by the state board for community and technical colleges for summer school students unless the community college charges fees in accordance with RCW 28B.15.515.
Subject to the limitations of RCW 28B.15.910, each governing board may charge such fees for ungraded courses, noncredit courses, community services courses, and self‑supporting courses as it, in its discretion, may determine, consistent with the rules and regulations of the state board for community and technical colleges.
Before June 30, 1995, no individual waiver program under this section may be reduced by more than twice the percentage reduction required in operating fee foregone revenue from tuition waivers in the biennial state appropriations act.
NEW SECTION. Sec. 205. A new section is added to chapter 28B.15 RCW to read as follows:
It is the intent of the legislature that:
In making appropriations from the state's general fund to institutions of higher education, each appropriation shall conform to the following:
(1) The appropriation shall be reduced by the amount of operating fees revenue estimated to be collected from students enrolled at the state-funded enrollment level specified in the omnibus biennial operating appropriations act and the estimated interest on operating fees revenue, minus obligations under RCW 28B.15.820 and 43.99I.040 and minus the amount of waived operating fees authorized under RCW 28B.15.910;
(2) The appropriation shall not be reduced by the amount of operating fees revenue collected from students enrolled above the state-funded level, but within the over-enrollment limitations, specified in the omnibus biennial operating appropriations act; and
(3) The general fund state appropriation shall not be reduced by the amount of operating fees revenue collected as a result of waiving less operating fees revenue than the amounts authorized under RCW 28B.15.910.
NEW SECTION. Sec. 206. RCW 28B.15.824 and 1992 c 231 s 36 are each repealed.
PART III
EMPLOYMENT RELATIONS
NEW SECTION. Sec. 301. A new section is added to chapter 41.56 RCW to read as follows:
In addition to the entities listed in RCW 41.56.020, this chapter shall apply to institutions of higher education with respect to the employees classified under chapter 28B.16 RCW or covered by a bargaining agreement under section 304(3) of this act.
Sec. 302. RCW 41.56.030 and 1992 c 36 s 2 and 1991 c 363 s 119 are each reenacted and amended to read as follows:
As used in this chapter:
(1) "Public
employer" means any officer, board, commission, council, or other person
or body acting on behalf of any public body governed by this chapter ((as
designated by RCW 41.56.020)), or any subdivision of such public body. For
the purposes of this section, the public employer of district court or superior
court employees for wage-related matters is the respective county legislative
authority, or person or body acting on behalf of the legislative authority, and
the public employer for nonwage-related matters is the judge or judge's
designee of the respective district court or superior court.
(2) "Public employee" means any employee of a public employer except any person (a) elected by popular vote, or (b) appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to the executive head or body of the applicable bargaining unit, or any person elected by popular vote or appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (d) who is a personal assistant to a district court judge, superior court judge, or court commissioner. For the purpose of (d) of this subsection, no more than one assistant for each judge or commissioner may be excluded from a bargaining unit.
(3) "Bargaining representative" means any lawful organization which has as one of its primary purposes the representation of employees in their employment relations with employers.
(4) "Collective bargaining" means the performance of the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours and working conditions, which may be peculiar to an appropriate bargaining unit of such public employer, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter. In the case of the Washington state patrol, "collective bargaining" shall not include wages and wage-related matters.
(5) "Commission" means the public employment relations commission.
(6) "Executive director" means the executive director of the commission.
(7) "Uniformed personnel" means (a) law enforcement officers as defined in RCW 41.26.030 as now or hereafter amended, of cities with a population of fifteen thousand or more or law enforcement officers employed by the governing body of any county with a population of seventy thousand or more, or (b) fire fighters as that term is defined in RCW 41.26.030, as now or hereafter amended.
(8) "Institution of higher education" means the same as the definition in RCW 28B.10.016.
Sec. 303. RCW 41.58.020 and 1975 1st ex.s. c 296 s 4 are each amended to read as follows:
(1) It shall be the duty of the commission, in order to prevent or minimize interruptions growing out of labor disputes, to assist employers and employees to settle such disputes through mediation and fact-finding.
(2) The commission,
through the director, may proffer its services in any labor dispute ((involving
a political subdivision, municipal corporation, or the community college system
of the state)) arising under a collective bargaining statute
administered by the commission, either upon its own motion or upon the
request of one or more of the parties to the dispute, whenever in its judgment
such dispute threatens to cause a substantial disruption to the public welfare.
(3) If the director is not able to bring the parties to agreement by mediation within a reasonable time, he shall seek to induce the parties to voluntarily seek other means of settling the dispute without resort to strike or other coercion, including submission to the employees in the bargaining unit of the employer's last offer of settlement for approval or rejection in a secret ballot. The failure or refusal of either party to agree to any procedure suggested by the director shall not be deemed a violation of any duty or obligation imposed by this chapter.
(4) Final adjustment by a method agreed upon by the parties is declared to be the desirable method for settlement of grievance disputes arising over the application or interpretation of an existing collective bargaining agreement. The commission is directed to make its mediation and fact-finding services available in the settlement of such grievance disputes only as a last resort.
NEW SECTION. Sec. 304. A new section is added to chapter 41.56 RCW to read as follows:
On the effective date of this section, all collective bargaining rights and obligations concerning relations between the institutions of higher education and their employees classified under chapter 28B.16 RCW shall be transferred to this chapter, subject to the following:
(1) The commission shall recognize, in their current form, all bargaining units certified by the higher education personnel board as of the effective date of this section.
(2) Except as provided in subsection (3) of this section:
(a) Collective bargaining under this section is limited to negotiation of grievance procedures and personnel matters over which the institution of higher education or related board may lawfully exercise discretion; and
(b) Terms of a collective bargaining agreement negotiated under this section, if in conflict with rules or policies by the higher education personnel board under chapter 28B.16 RCW are void and unenforceable to the extent of the conflict.
(3) At any time after the effective date of this section, an institution of higher education and the exclusive bargaining representative of a bargaining unit of employees classified under chapter 28B.16 RCW may exercise their option to have their relationship and corresponding obligations governed entirely by the provisions of this chapter, by filing notice of the parties' intent to be so governed, subject to the mutual adoption of a collective bargaining agreement recognizing the notice of intent. The parties shall provide the notice to the higher education personnel board and the commission. On the first day of the month following the month during which a collective bargaining agreement is executed by the parties recognizing the notice of intent and notice of the execution of the agreement and a copy of the agreement are received by the higher education personnel board and commission, chapter 28B.16 RCW shall cease to apply to all employees in the bargaining unit covered by the agreement, and the limitations on collective bargaining contained in RCW 41.56.100 and subsection (2) of this section shall cease to apply to that bargaining unit.
(4) If an institution of higher education and the exclusive bargaining representative of a bargaining unit of its employees agree to exercise the option to have their relationship and corresponding obligations governed entirely by this chapter, salary increases negotiated thereafter for the employees in the bargaining unit shall be subject to the following:
(a) Salary increases shall continue to be appropriated by the legislature. The exclusive bargaining representative shall meet before a legislative session with the governor or governor's designee and the representative of the institution of higher education concerning the total dollar amount for salary increases and health care contributions that will be contained in the appropriations proposed by the governor under RCW 43.88.060;
(b) The collective bargaining agreements may provide for salary increases that are different from or that exceed the amount or percentage for salary increases provided by the legislature in the omnibus appropriations act for the institution of higher education or allocated to the board of trustees by the state board for community and technical colleges, but the base for salary increases provided by the legislature under (a) of this subsection shall include only those amounts appropriated by the legislature, and the base shall not include any additional salary increases provided under this subsection (4)(b);
(c) Any provisions of the collective bargaining agreements pertaining to salary increases provided under (a) of this subsection shall be subject to modification by the legislature. If any provision of a salary increase provided under (a) of this subsection is changed by subsequent modification of the appropriations act by the legislature, both parties shall immediately enter into collective bargaining for the sole purpose of arriving at a mutually agreed upon replacement for the modified provision.
(5) Nothing in this section may be construed to require any institution of higher education to bargain collectively with any exclusive bargaining representative concerning any matter covered by chapter 41.05 RCW, except for the related cost or dollar contributions, or chapter 41.32 or 41.40 RCW.
Sec. 305. RCW 28B.16.040 and 1990 c 60 s 201 are each amended to read as follows:
The following classifications, positions, and employees of institutions of higher education and related boards are hereby 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)) chairpersons;
academic personnel; and executive heads of major administrative or academic
divisions employed by institutions of higher education; principal assistants
to executive heads of major administrative or academic divisions; other
managerial or professional employees in an institution or related board having
substantial responsibility for directing or controlling program operations and
accountable for allocation of resources and program results, or for the
formulation of institutional policy, or for carrying out personnel
administration or labor relations functions, legislative relations, public
information, development, senior computer systems and network programming, or
internal audits and investigations; and any employee of a community college
district whose place of work is one which is physically located outside the
state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned
to an educational program operating outside of the state of Washington.
(2) Student, part time, or temporary employees, and part time professional consultants, as defined by the higher education personnel board, employed by institutions of higher education and related boards.
(3) The director, ((his))
the director's confidential secretary, assistant directors, and
professional education employees of the state board for community and
technical colleges ((education)).
(4) The personnel
director of the higher education personnel board and ((his)) the
director's confidential secretary.
(5) The governing board
of each institution, and related boards, may also exempt from this chapter,
subject to the employees right of appeal to the higher education personnel
board, 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 higher education personnel board:
PROVIDED, That no nonacademic employee engaged in office, clerical,
maintenance, or food and trade services may be exempted by the higher education
personnel board under this provision.
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.
A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.
Sec. 306. RCW 28B.16.100 and 1990 c 60 s 202 are each amended to read as follows:
The higher education personnel board shall adopt rules, consistent with the purposes and provisions of this chapter and with the best standards of personnel administration, regarding the basis and procedures to be followed for:
(1) The dismissal, suspension, or demotion of an employee, and appeals therefrom;
(2) Certification of names for vacancies, including promotions, with the number of names equal to four more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists: PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;
(3) Examination for all positions in the competitive and noncompetitive service;
(4) Appointments;
(5) Probationary periods of six to twelve months and rejections therein, depending on the job requirements of the class;
(6) Transfers;
(7) Sick leaves and vacations;
(8) Hours of work;
(9) Layoffs when necessary and subsequent reemployment, both according to seniority;
(10) ((Determination
of appropriate bargaining units within any institution or related boards:
PROVIDED, That in making such determination the board 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;
(11) Certification
and decertification of exclusive bargaining representatives: PROVIDED, That
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 such election, whichever is the later, and the
failure of an employee to comply with such condition of employment constitutes
cause for dismissal: PROVIDED FURTHER, That 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:
PROVIDED FURTHER, That for purposes of this clause, 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:
AND PROVIDED FURTHER, That 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 such public employee is a member, such 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 his individual
conscience, an amount of money equivalent to regular union dues minus any
included monthly premiums for union-sponsored insurance programs, and such
employee shall not be a member of the union but is entitled to all the
representation rights of a union member;
(12) Agreements
between institutions or related boards and certified exclusive bargaining
representatives providing for grievance procedures and collective negotiations
on all personnel matters over which the institution or the related board may
lawfully exercise discretion;
(13) Written
agreements may contain provisions for payroll deductions of employee
organization dues upon authorization by the employee member and for the
cancellation of such payroll deduction by the filing of a proper prior notice
by the employee with the institution and the employee organization: PROVIDED,
That nothing contained herein permits or grants to any employee the right to
strike or refuse to perform his official duties;
(14))) Adoption and revision of comprehensive
classification plans for all positions in the classified service, based on
investigation and analysis of the duties and responsibilities of each such
position;
(((15))) (11)
Allocation and reallocation of positions within the classification plan;
(((16))) (12)
Adoption and revision of salary schedules and compensation plans which reflect
the prevailing rates in Washington state private industries and other
governmental units for positions of a similar nature but the rates in the
salary schedules or plans shall be increased if necessary to attain comparable
worth under an implementation plan under RCW 28B.16.116 and which shall be
competitive in the state or the locality in which the institution or related
boards are located, such adoption, revision, and implementation subject to
approval as to availability of funds by the director of financial management in
accordance with the provisions of chapter 43.88 RCW, and after consultation
with the chief financial officer of each institution or related board for that
institution or board, or in the case of community colleges, by the chief
financial officer of the state board for community and technical colleges
((education)) for the various community colleges;
(((17))) (13)
Training programs including in-service, promotional, and supervisory;
(((18))) (14)
Increment increases within the series of steps for each pay grade based on
length of service for all employees whose standards of performance are such as
to permit them to retain job status in the classified service;
(((19))) (15)
Providing for veteran's preference as provided by existing statutes, with
recognition of preference in regard to layoffs and subsequent reemployment for
veterans and their ((widows)) surviving spouses by giving such
eligible veterans and their ((widows)) surviving spouses
additional credit in computing their seniority by adding to their unbroken
higher education service, as defined by the board, the veteran's service in the
military not to exceed five years of such service. For the purposes of this
section, "veteran" means any person who has one or more years of
active military service in any 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 such 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 shall be
given: PROVIDED, HOWEVER, That the ((widow)) surviving spouse of
a veteran is entitled to the benefits of this section regardless of the
veteran's length of active military service: PROVIDED FURTHER, That for the
purposes of this section "veteran" does not include any 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;
(((20))) (16)
Assuring that persons who are or have been employed in classified positions
under chapter 41.06 RCW will be eligible for employment, reemployment,
transfer, and promotion in respect to classified positions covered by this
chapter; ((and
(21))) (17) Assuring that any person who is or
has been employed in a classified position under this chapter will be eligible
for employment, reemployment, transfer, and promotion in respect to classified
positions at any other institution of higher education or related board((.));
and
(((22))) (18)
Affirmative action in appointment, promotion, transfer, recruitment, training,
and career development; development and implementation of affirmative action
goals and timetables; and monitoring of progress against those goals and
timetables.
The board shall consult with the human rights commission in the development of rules consistent with federal guidelines pertaining to affirmative action. The board shall transmit a report annually to the human rights commission which states the progress each institution of higher education has made in meeting affirmative action goals and timetables.
Sec. 307. RCW 28B.16.200 and 1979 c 151 s 18 are each amended to read as follows:
(1) There is
hereby created a fund within the state treasury, designated as the "higher
education personnel board service fund," to be used by the board as a
revolving fund for the payment of salaries, wages, and operations required for
the administration of the provisions of this chapter, the budget for which
shall be subject to review and approval and appropriation by the legislature. Subject
to the requirements of subsection (2) of this section, 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 institution and the state board for community and technical
colleges ((education)) and credited to the higher education
personnel board service fund as such allotments are approved pursuant to
chapter 43.88 RCW. Subject to the above limitations, such 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 board with
funds to meet its anticipated expenditures during the allotment period.
(2) If employees cease to be classified under this chapter pursuant to an agreement authorized by section 304 of this act, each institution of higher education and the state board for community and technical colleges shall continue, for six months after the effective date of the agreement, to make contributions to the higher education personnel board service fund based on employee salaries and wages that includes the employees under the agreement. At the expiration of the six-month period, the director of financial management shall make across-the-board reductions in allotments of the higher education personnel board service fund for the remainder of the biennium so that the charge to the institutions of higher education and state board based on the salaries and wages of the remaining employees classified under this chapter does not increase during the biennium, unless an increase is authorized by the legislature. The director of financial management shall report the amount and impact of any across-the-board reductions made under this section to the appropriations committee of the house of representatives and the ways and means committee of the senate, or appropriate successor committees, within thirty days of making the reductions.
(3) Moneys from the higher education personnel board service fund shall be disbursed by the state treasurer by warrants on vouchers duly authorized by the board.
NEW SECTION. Sec. 308. A new section is added to chapter 28B.16 RCW to read as follows:
At any time after the effective date of this section, an institution of higher education and the exclusive bargaining representative of a bargaining unit of employees classified under this chapter may exercise their option to have their relationship and corresponding obligations governed entirely by the provisions of chapter 41.56 RCW, by filing notice of the parties' intent to be so governed, subject to the mutual adoption of a collective bargaining agreement recognizing the notice of intent. The parties shall provide the notice to the board and the public employment relations commission. On the first day of the month following the month during which a collective bargaining agreement is executed by the parties recognizing the notice of intent and notice of the execution of the agreement and a copy of the agreement are received by the board and the public employment relations commission, this chapter shall cease to apply to all employees in the bargaining unit covered by the agreement.
NEW SECTION. Sec. 309. (1) On the effective date of this section, the labor relations functions of the higher education personnel board set forth in chapter 36, Laws of 1969 ex. sess. shall be transferred to the commission.
(2) On the effective date of this section, all business pending before the higher education personnel board that pertains to the functions transferred to the commission by this section shall be continued and acted upon by the commission. All existing contracts and obligations pertaining to such functions shall remain in full force and effect, but shall be performed by the commission in lieu of the higher education personnel board. The transfer of any functions shall not affect the validity of any act performed by the higher education personnel board or any officer or employee thereof before the effective date of the transferral of such functions.
(3) Notwithstanding any other provisions of this act, contracts or agreements are authorized between the commission and the higher education personnel board with respect to functions transferred by this section. Such contract or agreement may provide for an employee or employees of the higher education personnel board or other person or persons to continue to provide services relating to pending business that is transferred to the commission as of the effective date of this section, until such pending business is completed.
NEW SECTION. Sec. 310. (1) All employees of the higher education personnel board classified under the provisions of chapter 28B.16 RCW, the higher education personnel law, whose positions are entirely concerned with functions transferred to the commission by section 309 of this act, shall be transferred to the jurisdiction of the commission.
(2) All funds, reports, documents, surveys, books, records, files, papers, or other writings in the possession of the higher education personnel board pertaining to the functions transferred to the commission by section 309 of this act shall by the effective date of this section, be delivered to the custody of the commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed in carrying out the functions transferred by section 309 of this act shall by the effective date of this section be transferred to the commission.
NEW SECTION. Sec. 311. RCW 28B.16.230 and 1973 c 62 s 6 & 1969 ex.s. c 215 s 14 are each repealed.
PART IV
MISCELLANEOUS
NEW SECTION. Sec. 401. The sum of . . . . dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from each public four-year institution's and the community colleges' operating fees account established in RCW 28B.15.824 to the respective institution's local account for the purposes of sections 201 through 205 of this act.
NEW SECTION. Sec. 402. 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.
NEW SECTION. Sec. 403. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993."
ESHB 1509 - S COMM AMD
By Committee on Higher Education
On page 1, line 3 of the title, after "tuition;" strike the remainder of the title and insert "amending RCW 43.19.190, 43.19.1906, 43.78.030, 43.78.100, 43.78.110, 28B.50.330, 28B.10.350, 28B.10.355, 39.04.020, 39.04.150, 28B.15.031, 28B.15.202, 28B.15.402, 28B.15.502, 41.58.020, 28B.16.040, 28B.16.100, and 28B.16.200; reenacting and amending RCW 41.56.030; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 43.78 RCW; adding a new section to chapter 28B.15 RCW; adding new sections to chapter 41.56 RCW; adding a new section to chapter 28B.16 RCW; creating new sections; repealing RCW 28B.15.824 and 28B.16.230; making an appropriation; providing an effective date; and declaring an emergency."
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