BILL REQ. #:  H-1395.1 

Read first time 02/21/2005.   Referred to Committee on State Government Operations & Accountability.

     AN ACT Relating to compensation for state employees on active military duty; amending RCW 38.40.060; reenacting and amending RCW 43.79A.040; and adding new sections to chapter 38.40 RCW.

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

Sec. 1   RCW 38.40.060 and 2001 c 71 s 1 are each amended to read as follows:
     (1) Every officer and employee of the state or of any county, city, or other political subdivision thereof who is a member of the Washington national guard or of the army, navy, air force, coast guard, or marine corps reserve of the United States, or of any organized reserve or armed forces of the United States ((shall be)) is entitled to and shall be granted military leave of absence from such employment for a period not exceeding fifteen days during each year beginning October 1st and ending the following September 30th. Such leave shall be granted ((in order)) so that the person may report for active duty, when called, or take part in active training duty in such manner and at such time as he or she may be ordered to active duty or active training duty. Such military leave of absence ((shall be)) is in addition to any vacation or sick leave to which the officer or employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges, or pay. During the period of military leave, the officer or employee shall receive from the state, or the county, city, or other political subdivision, his or her normal pay.
     (2) If, on or after July 1, 2005, an officer or employee of the state is called into the federal service of the United States for a period exceeding thirty days, the officer or employee shall receive from the state fifty percent of the difference between his or her normal pay while employed by the state and his or her pay and allowances while in the service of the United States, if the pay and allowances while in the service of the United States is less than his or her pay while employed by the state. Payment and benefits provided for a mobilization under this subsection shall not exceed four years.

NEW SECTION.  Sec. 2   A new section is added to chapter 38.40 RCW to read as follows:
     The support our deployed state employees program is created. The purpose of the program is to enable and encourage state employees to make voluntary contributions for the support of officers or employees of the state who are called into the federal service of the United States for more than thirty days, in order to assist those officers and their families with the loss of salary compensation and other financial burdens occasioned by a period of active military deployment. The department of personnel shall administer this program through a system of voluntary payroll deductions. The state shall match voluntary contributions to the support our deployed state employees program to a maximum of forty dollars per employee per month. The military department shall provide any information required by the department of personnel for implementation of this section and RCW 38.40.060(2).

NEW SECTION.  Sec. 3   A new section is added to chapter 38.40 RCW to read as follows:
     (1) The deployed state employees' account is created in the custody of the state treasurer. All receipts from state employee contributions and state matching contributions must be deposited into the account. Except under subsection (2) of this section, expenditures from the account may be used only for pay and allowances under RCW 38.40.060(2). Only the director of personnel or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
     (2) The director shall retain funds as necessary to administer the program under section 2 of this act.

Sec. 4   RCW 43.79A.040 and 2004 c 246 s 8 and 2004 c 58 s 10 are each reenacted and amended to read as follows:
     (1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.
     (2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.
     (3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
     (4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.
     (b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington promise scholarship account, the college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the students with dependents grant account, the basic health plan self-insurance reserve account, the contract harvesting revolving account, the Washington state combined fund drive account, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the fruit and vegetable inspection account, the future teachers conditional scholarship account, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the law enforcement officers' and fire fighters' plan 2 expense fund, the local tourism promotion account, the produce railcar pool account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, the children's trust fund, the Washington horse racing commission Washington bred owners' bonus fund account, the Washington horse racing commission class C purse fund account, ((and)) the Washington horse racing commission operating account (earnings from the Washington horse racing commission operating account must be credited to the Washington horse racing commission class C purse fund account), and the deployed state employees' account. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
     (c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
     (5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.