CERTIFICATION
OF ENROLLMENT
SENATE
BILL 5990
Chapter
387, Laws of 1995
54th
Legislature
1995
Regular Session
PAYMENT
OF EXCESS COMPENSATION‑-PUBLIC NOTICE REQUIREMENTS
EFFECTIVE
DATE: 7/23/95
|
Passed by the Senate April 22, 1995
YEAS 47 NAYS 0
JOEL PRITCHARD
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.
|
|
CLYDE BALLARD
Speaker of the
House of Representatives
|
MARTY BROWN
Secretary
|
|
Approved May 16, 1995 Place
Style On Codes above, and Style Off Codes below.
|
FILED
May 16, 1995 - 11:37 a.m.
|
|
|
|
|
MIKE LOWRY
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
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.
Passed
the Senate April 22, 1995.
Passed
the House April 21, 1995.
Approved by the Governor May 16, 1995.
Filed in Office of
Secretary of State May 16, 1995.