2921-S AMH ERIM GAVI 043

SHB 2921 - H AMD 1009

By Representative Ericks

ADOPTED 1/22/2010

    On page 95, line 7, after "shall" strike "report any" and insert "not establish"

    On page 95, line 7, after "or" insert "fill"

    On page 95, line 8, after "positions" strike "filled by the agency" and insert "except as specifically authorized by this section"

    On page 95, line 8, after "agency" strike all material through "site" on line 12

    On page 96, line 10, after "tuition" insert ", positions that are filled by enrolled students at their own institution as student workers, positions in campus police and security, positions related to emergency management and response, and positions related to student health care and counseling"

    On page 96, after line 16, insert the following:

    "(3) The exemptions specified in subsection (2) of this section do not require the establishment of new staff positions or the filling of vacant staff positions in the activities specified.

    (4) Exceptions to this section may be granted under section 605 of this act."

    On page 96, line 21, after "shall" strike "report" and insert "not enter into"

    On page 96, after line 24, strike lines 25 through 28

    On page 96, line 36, after "tuition" insert ".  This section also does not apply where costs are related to hearing officers, where costs are related to real estate appraisals or habitat assessments, where costs are related to carrying out a court order, or where costs are related to information technology contracts related to an information services board approved information technology project, or where costs are related to judicial information system technology projects"

    On page 96, after line 36, insert the following:

    "(3) Exceptions to this section may be granted under section 605 of this act."

    On page 97, line 5, after "shall" strike "report" and insert "not enter into"

    On page 97, line 9, after "safety" strike all material through "site" on line 12 

    On page 97, line 18, after "tuition" insert ".  This section also does not apply to costs that are funded exclusively from private or federal grants, or for equipment necessary to complete a project funded in the omnibus capital or transportation appropriation acts, or the operational divisions of the department of information services, or cost related to the continuation, renewal, or establishment of maintenance for existing computer software licensing and existing computer hardware, or for costs related to the judicial information system" 

    On page 97, after line 18, insert the following:

    "(3) Exceptions to this section may be granted under section 605 of this act."

    On page 97, line 22, after "shall" strike "report" and insert "not make expenditures for"

      On page 97, line 28, after "2011" strike all material through "site" on line 31

    On page 98, line 3, after "tuition" insert ".  This section also does not apply to costs related to carrying out a court order or to costs to travel by air into Washington state from any airport located in a contiguous state of which the largest city is part of a metropolitan statistical area with a city located in Washington state, or to motor vehicle and parking costs for single day travel to a contiguous state or British Columbia, Canada"

    On page 98, after line 3, insert the following:

    "(3) Exceptions to this section may be granted under section 605 of this act."

 

    On page 98, after line 3, insert the following:

"NEW SECTION. Sec. 605. EXCEPTIONS. A new section is added to 2009 c 564 (uncodified) to read as follows:

(1) Exceptions to sections 601 through 604 of this act may be granted for the critically necessary work of an agency as provided in this section.

(2) For agencies of the executive branch, the exceptions shall be subject to approval by the director of financial management. For agencies of the judicial branch, the exceptions shall be subject to approval of the chief justice of the supreme court. For the house of representatives and the senate, the exceptions shall be subject to approval of the chief clerk of the house of representatives and the secretary of the senate, respectively, under the direction of the senate committee on facilities and operations and the executive rules committee of the house of representatives. For other legislative agencies, the exceptions shall be subject to approval of both the chief clerk of the house of representatives and the secretary of the senate under the direction of the senate committee on facilities and operations and the executive rules committee of the house of representatives.

(3) Exceptions approved under subsection (2) of this section shall take effect no sooner than five business days following notification of the chair and ranking minority member of the ways and means committees in the house of representatives and the senate. The person approving exceptions under subsection (2) of this section shall send the exceptions to the legislature for consideration every thirty days from the effective date of this section, or earlier should volume or circumstances so necessitate.

(4) Exceptions approved and taking effect under this section shall be published electronically at least quarterly by the office of financial management on the state fiscal web site.

 

NEW SECTION. Sec. 606. If any provision of this act or its

application to any person or circumstance is held invalid, the

remainder of the act or the application of the provision to other persons or circumstances is not affected."

     On page 98, line 7, after "immediately" insert ", except for sections 601 through 605 of this act which take effect thirty days after the effective date of this act"

Renumber remaining sections consecutively, correct internal references accordingly, and correct captions for sections 601 through 604 by striking "REPORTING"

 

      

           EFFECT:  Rather than requiring state agencies to report all new hires, personal service contracts, equipment purchases over $5,000, and out-of-state travel for the rest of the biennium, agencies are prohibited from doing these activities for the remainder of the biennium except for specified exemptions.  A number of exemptions are added such as hiring security and emergency management positions at higher education institutions, personal service contracts for real estate appraisals, carrying out a court order, or related to approved information technology projects, and equipment necessary to complete a project funded in the capital or transportation budgets.     

 

           An exception process is established for critically necessary work of an agency when approved by the director of the Office of Financial Management for non-judicial and non-legislative agencies, the Chief Justice of the Supreme Court for judicial agencies, and the Secretary of the Senate and Chief Clerk of the House of Representatives for legislative agencies.  Authorized exceptions must be published electronically at least quarterly on the state fiscal website. 

 

           The provisions prohibiting hiring, personal service contracts, equipment purchases over $5,000, and out-of-state travel, with a number of exemptions, along with the exception process, take effect thirty days after the effective date of the act.  

 

 

 

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