H-2367.1          _______________________________________________

                         SECOND SUBSTITUTE HOUSE BILL 1004

                  _______________________________________________

State of Washington              54th Legislature             1995 Regular Session

By House Committee on Appropriations (originally sponsored by Representatives Carlson, Sherstad, Benton, Dyer, Thompson, Goldsmith, Radcliff, Pennington, Mitchell, Basich, Blanton, Mulliken, Boldt, Fuhrman, Huff, Talcott and McMahan)

Read first time 03/06/95.

Allowing institutions of higher education to contract for services.

     AN ACT Relating to higher education services contracts; amending RCW 41.06.382; and adding a new section to chapter 41.06 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 41.06 RCW to read as follows:

     (1) An institution of higher education and the joint center for higher education may purchase services customarily and historically provided by employees in classified service under this chapter by contracting with individuals or business entities, without the necessity of showing that classified employees could not provide these services, if the purchase would not result in either increased expenditures of public funds for the contracted service or the termination of state-funded permanent classified employees employed at the institution on the effective date of this act.  A contract to purchase services shall provide that the contractor will pay to its employees performing the contract work, wages that are similar to those generally paid for such work in the county in which the contracted service is to be performed and will make available health benefits that are similar to, but in any case no less than, the benefits provided for basic health care services under chapter 70.47 RCW.

     (2) No provision contrary to or in conflict with this section in any collective bargaining agreement entered into under this chapter and in effect on the effective date of this section may be renewed or extended beyond the expiration date of the agreement.

     (3) This section does not apply to and does not in any manner limit the purchase of services or any contracting for services that was authorized by law before the effective date of this section.

     Sec. 2.  RCW 41.06.382 and 1979 ex.s. c 46 s 1 are each amended to read as follows:

     Nothing contained in this chapter shall prohibit any ((institution of higher education, as defined in RCW 28B.10.016, or)) related board from purchasing services by contract with individuals or business entities if such services were regularly purchased by valid contract at ((such institution)) the related board prior to April 23, 1979((:  PROVIDED, That no such)).  However, these contracts may not be executed or renewed if ((it)) execution or renewal would have the effect of terminating classified employees or classified employee positions subject to this chapter existing at the time of the execution or renewal of the contract.

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