CERTIFICATION OF ENROLLMENT

                        SENATE BILL 5990

                        54th Legislature

                      1995 Regular Session

Passed by the Senate April 22, 1995   YEAS 47   NAYS 0 President of the Senate Passed by the House April 21, 1995   YEAS 96   NAYS 0

CERTIFICATE I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5990 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Speaker of the       House of Representatives

Secretary

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

          _______________________________________________

                         SENATE BILL 5990

          _______________________________________________

                      AS AMENDED BY THE HOUSE

             Passed Legislature - 1995 Regular Session

State of Washington      54th Legislature     1995 Regular Session

By Senators Long, Bauer, Cantu, Rinehart, Newhouse, Winsley, Wood, Deccio, Johnson, Finkbeiner, Loveland and Hochstatter

Read first time 02/21/95.  Referred to Committee on Ways & Means.

Requiring public notice regarding excess compensation.

    AN ACT Relating to requiring public notice prior to entering into agreements to pay certain types of excess compensation; and adding a new section to chapter 41.50 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 41.50 RCW to read as follows:

    (1) Except as limited by subsection (3) of this section, the governing body of an employer under chapter 41.32 or 41.40 RCW shall comply with the provisions of subsection (2) of this section prior to executing a contract or collective bargaining agreement with members under chapter 41.32 or 41.40 RCW which provides for:

    (a) A cash out of unused annual leave in excess of two hundred forty hours of such leave.  "Cash out" for purposes of this subsection means any payment in lieu of an accrual of annual leave or any payment added to regular salary, concurrent with a reduction of annual leave;

    (b) A cash out of any other form of leave;

    (c) A payment for, or in lieu of, any personal expense or transportation allowance;

    (d) The portion of any payment, including overtime payments, that exceeds twice the regular rate of pay; or

    (e) Any other termination or severance payment.

    (2) Any governing body entering into a contract that includes a compensation provision listed in subsection (1) of this section shall do so only after public notice in compliance with the open public meetings act, chapter 42.30 RCW.  This notification requirement may be accomplished as part of the approval process for adopting a contract in whole, and does not require separate or additional open public meetings.  At the public meeting, full disclosure shall be made of the nature of the proposed compensation provision, and the employer's estimate of the excess compensation billings under RCW 41.50.150 that the employing entity would have to pay as a result of the proposed compensation provision.  The employer shall notify the department of its compliance with this section at the time the department bills the employer under RCW 41.40.150 for the pension impact of compensation provisions listed in subsection (1) of this section that are adopted after the effective date of this act.

    (3) The requirements of subsection (2) of this section shall not apply to the adoption of a compensation provision listed in subsection (1) of this section if the compensation would not be includable in calculating benefits under chapter 41.32 or 41.40 RCW for the employees covered by the compensation provision.

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