57th Legislature

2001 Regular Session


Passed by the House March 9, 2001

  Yeas 98   Nays 0



Speaker of the House of Representatives



Speaker of the House of Representatives






Passed by the Senate April 10, 2001

  Yeas 47   Nays 1


President of the Senate






We, Timothy A. Martin and Cynthia Zehnder, Co‑Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1255 as passed by the House of Representatives and the Senate on the dates hereon set forth.




Chief Clerk




Chief Clerk











Governor of the State of Washington













Secretary of State

State of Washington








Passed Legislature ‑ 2001 Regular Session


State of Washington      57th Legislature     2001 Regular Session


By Representatives Cox, Fromhold, Haigh, Schoesler and Hunt


Read first time 01/22/2001.  Referred to Committee on Education. Including educational service districts in school district provisions. 

_1      AN ACT Relating to educational service districts; amending RCW

_2  28A.400.240; and reenacting and amending RCW 28A.400.350.




_4      Sec. 1.  RCW 28A.400.240 and 1975 1st ex.s. c 205 s 1 are each

_5  amended to read as follows:

_6      In addition to any other powers and duties, any school district

_7  or educational service district may contract with any classified

_8  or certificated employee to defer a portion of that employee's

_9  income, which deferred portion shall in no event exceed the

10  appropriate internal revenue service exclusion allowance for such

11  plans, and shall subsequently with the consent of the employee,

12  deposit or invest in a credit union, savings and loan association,

13  bank, mutual savings bank, or purchase life insurance, shares of

14  an investment company, or a fixed and/or variable annuity

15  contract, for the purpose of funding a deferred compensation

16  program for the employee, from any life underwriter or registered

17  representative duly licensed by this state who represents an

18  insurance company or an investment company licensed to contract

                               p. 1                    HB 1255.PL

_1  business in this state.  In no event shall the total investments or

_2  payments, and the employee's nondeferred income for any year

_3  exceed the total annual salary, or compensation under the existing

_4  salary schedule or classification plan applicable to such employee

_5  in such year.  Any income deferred under such a plan shall continue

_6  to be included as regular compensation, for the purpose of

_7  computing the retirement and pension benefits earned by any

_8  employee, but any sum so deducted shall not be included in the

_9  computation of any taxes withheld on behalf of any such employee.


10      Sec. 2.  RCW 28A.400.350 and 1995 1st sp.s. c 6 s 18 and 1995 c 126

11  s 1 are each reenacted and amended to read as follows:

12      (1) The board of directors of any of the state's school

13  districts or educational service districts may make available

14  liability, life, health, health care, accident, disability and

15  salary protection or insurance or any one of, or a combination of

16  the enumerated types of insurance, or any other type of insurance

17  or protection, for the members of the boards of directors, the

18  students, and employees of the school district or educational

19  service district, and their dependents.  Such coverage may be

20  provided by contracts with private carriers, with the state health

21  care authority after July 1, 1990, pursuant to the approval of the

22  authority administrator, or through self-insurance or self-funding

23  pursuant to chapter 48.62 RCW, or in any other manner authorized

24  by law. 

25      (2) Whenever funds are available for these purposes the board

26  of directors of the school district or educational service

27  district may contribute all or a part of the cost of such

28  protection or insurance for the employees of their respective

29  school districts or educational service districts and their

30  dependents.  The premiums on such liability insurance shall be borne

31  by the school district or educational service district.

32      After October 1, 1990, school districts may not contribute to

33  any employee protection or insurance other than liability

34  insurance unless the district's employee benefit plan conforms to

35  RCW 28A.400.275 and 28A.400.280.

36      (3) For school board members, educational service district

37  board members, and students, the premiums due on such protection

HB 1255.PL                     p. 2

_1  or insurance shall be borne by the assenting school board member,

_2  educational service district board member, or student.  The school

_3  district or educational service district may contribute all or

_4  part of the costs, including the premiums, of life, health, health

_5  care, accident or disability insurance which shall be offered to

_6  all students participating in interschool activities on the behalf

_7  of or as representative of their school ((or)),  school district,

_8  or educational service district.  The school district board of

_9  directors and the educational service district board may require

10  any student participating in extracurricular interschool

11  activities to, as a condition of participation, document evidence

12  of insurance or purchase insurance that will provide adequate

13  coverage, as determined by the school district board of directors

14  or the educational service district board, for medical expenses

15  incurred as a result of injury sustained while participating in

16  the extracurricular activity.  In establishing such a requirement,

17  the district shall adopt regulations for waiving or reducing the

18  premiums of such coverage as may be offered through the school

19  district or educational service district to students participating

20  in extracurricular activities, for those students whose families,

21  by reason of their low income, would have difficulty paying the

22  entire amount of such insurance premiums. The district board shall

23  adopt regulations for waiving or reducing the insurance coverage

24  requirements for low-income students in order to assure such

25  students are not prohibited from participating in extracurricular

26  interschool activities.

27      (4) All contracts for insurance or protection written to take

28  advantage of the provisions of this section shall provide that the

29  beneficiaries of such contracts may utilize on an equal

30  participation basis the services of those practitioners licensed

31  pursuant to chapters 18.22, 18.25, 18.53, 18.57, and 18.71 RCW.


‑‑‑ END ‑‑‑


                               p. 3                    HB 1255.PL