_______________________________________________
SUBSTITUTE
SENATE BILL 6583
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AS AMENDED BY
THE HOUSE
Passed Legislature -
1996 Regular Session
State of Washington 54th
Legislature 1996 Regular Session
By
Read first time 01/26/96.
Clarifying
eligibility requirements for state-funded benefits for part-time academic
employees of community and technical colleges.
AN ACT Relating to
higher education; adding new sections to chapter 28B.50 RCW; and declaring an
emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 28B.50 RCW to read as follows:
For the purposes of
determining eligibility of state-mandated insurance and retirement benefits
under RCW 28B.10.400 for part-time academic employees in community and
technical colleges, the following definitions shall be used:
(1) "Full-time
academic workload" means the number of in-class teaching hours that a
full-time instructor must teach to fulfill his or her employment obligations in
a given discipline in a given college. If full-time academic workload is
defined in a contract adopted through the collective bargaining process, that
definition shall prevail. If the full-time workload bargained in a contract
includes more than in-class teaching hours, only that portion that is in-class
teaching hours may be considered academic workload.
(2) "In-class
teaching hours" means contact classroom and lab hours in which full or
part-time academic employees are performing contractually assigned teaching
duties. The in-class teaching hours shall not include any duties performed in
support of, or in addition to, those contractually assigned in-class teaching
hours.
(3) "Academic
employee" in a community or technical college means any teacher,
counselor, librarian, or department head who is employed by a college district,
whether full or part-time, with the exception of the chief administrative
officer of, and any administrator in, each college district.
(4) "Part-time
academic workload" means any percentage of a full-time academic workload
for which the part-time academic employee is not paid on the full-time academic
salary schedule.
NEW SECTION. Sec.
2. A new section is added
to chapter 28B.50 RCW to read as follows:
For the purposes of
determining eligibility for receipt of state-mandated benefits for part-time
academic employees at community and technical colleges, each institution shall
report to the appropriate agencies the names of eligible part-time academic
employees who qualify for benefits based on calculating the hours worked by
part-time academic employees as a percentage of the part-time academic workload
to the full-time academic workload in a given discipline in a given
institution.
NEW SECTION. Sec.
3. A new section is added
to chapter 28B.50 RCW to read as follows:
(1) The legislature
finds that community colleges and technical colleges have an obligation to
carry out their roles and missions in an equitable fashion. The legislature
also finds that governing boards for community colleges and technical colleges
have a responsibility to provide leadership and guidance to their colleges in
the equitable treatment of part-time faculty teaching in the community and
technical colleges.
(2) The state board
for community and technical colleges shall convene a task force to conduct a
best practices audit of compensation packages and conditions of employment for
part-time faculty in the community and technical college system. The task force
shall include but need not be limited to part-time faculty, full-time faculty,
members of the state board, and members of community college and technical
college governing boards. In performing the audit, the task force shall focus
on the employment of part-time faculty, and shall include the following issues
in its deliberations: Salary issues, provision of health and retirement
benefits, the implications of increased reliance on part-time rather than
full-time faculty, the implications of workload definitions, and tangible and
intangible ways to recognize the professional stature of part-time faculty.
(3) The task force
shall report its findings to the state board, local governing boards, and other
interested parties by August 30, 1996. The report shall include
recommendations on a set of best practices principles for the colleges to
follow in their employment of part-time faculty. By September 30, 1996, the
state board for community and technical colleges shall adopt and periodically
update a set of best practices principles for colleges in the community and
technical college system to follow in their employment of part-time faculty.
The board shall use the best practices principles in the development of its
1997-99 biennial operating budget request. The board shall encourage and, to
the extent possible, require each local governing board to adopt and implement
the principles.
*NEW SECTION.
Sec. 4. 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 immediately.
*Sec. 4
was vetoed. See message at end of chapter.
Note: Governor's explanation of partial veto
is as follows:
"I am returning herewith, without my
approval as to section 4, Substitute Senate Bill No. 6583 entitled:
"AN ACT
Relating to higher education;"
Substitute Senate Bill No. 6583 establishes
definitions for full and part-time academic employees in the community and
technical college system for the purpose of standardizing medical and
retirement benefits and requires a task force to study, provide recommendations
on, and implement best practices regarding academic employee benefits.
This legislation includes an emergency clause
in section 4. Funding to implement the provisions of this bill is included in
the supplemental budget and cannot be expended until fiscal year 1997. Since
the bill without section 4 is otherwise effective 90 days following the close
of the legislative session, which is before the start of fiscal year 1997, the
emergency clause is without moment.
Moreover, the inclusion of an emergency
clause prevents this bill from being subject to a referendum under Article II,
section 1 (b) of the state Constitution and unnecessarily denies the people of
this state their power, at their own option, to approve or reject this bill at
the polls.
For these reasons, I have vetoed section 4 of
Substitute Senate Bill No. 6583.
With the exception of
section 4, Substitute Senate Bill No. 6583 is approved."
