AN ACT Relating to state employee relocation expenses; adding new sections to chapter 43.03 RCW; adding a new section to chapter 4.92 RCW; creating a new section; and repealing RCW 43.03.110 and 43.03.120.

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

NEW SECTION. Sec. 1. (1) The legislature finds that: (a) Effective management frequently depends upon the ability of an organization to place the appropriate individual in the specific position requiring that individual's skills; (b) the high cost of moving to a different residence makes it very difficult for employees to accept new positions at distant work locations; (c) relocating to a different residence creates a stressful environment for the employee and family and may temporarily divert the employee's attention from the job; and (d) providing relocation assistance to the employee lessens the stress of relocating and, in so doing, improves employee performance and attendance.

(2) Therefore, the legislature finds that it is in the public interest for the state to provide relocation assistance as set forth in section 3 of this act relating to existing state employees and as set forth in section 4 of this act relating to new state employees (a) in those instances where the state agency director or authorized designee determines that certain management, professional, or specialized technical skills or experience are not otherwise available; or (b) in those instances where the state agency director or authorized designee determines that there is a demonstrable inability to fill positions deemed essential in carrying out the critically necessary work of a state agency.

(3) For purposes of sections 1 through 5 of this act, "critically necessary work" means that work that is integral to the functioning of the agency and without which, (a) service to the public would be adversely affected, (b) agency operations would be disrupted, or (c) significant costs would be incurred.

NEW SECTION. Sec. 2. A new section is added to chapter 43.03 RCW to read as follows:

As used in this chapter, "state agency" means any state office, board, commission, committee, department, or institution of higher education.

NEW SECTION. Sec. 3. A new section is added to chapter 43.03 RCW to read as follows:

(1) A state agency may authorize the payment of relocation expenses to existing state employees in those instances where the state agency director or authorized designee determines that certain management, professional, or specialized technical skills or experience are not otherwise available; or in those instances where the state agency director or authorized designee determines that there is a demonstrable inability to fill positions deemed essential in carrying out the critically necessary work of the state agency. Such relocation assistance payments may be authorized as provided for in subsections (2) through (6) of this section if all of the following criteria have been met:

(a) The existing state employee has successfully completed at least six consecutive months of employment with any state agency;

(b) The distance from the existing state employee's old residence to the new work place is in excess of sixty-five miles or is at least thirty-five miles farther than the distance from the old residence to the old work place, or if a state agency-wide policy requiring existing state employees to reside within established geographical boundaries necessitates the existing state employee's relocation; and

(c) The state agency director or authorized designee finds that it is in the public interest to assign the existing state employee to a new work location.

(2) The state agency director or authorized designee may excuse a relocating existing state employee from the employee's normal work duties for not more than five days or as much thereof as is necessary for the following purposes:

(a) To make a single, round trip to the new location to find a new residence; and

(b) To move the employee and family to the new location.

When an existing state employee is excused from normal work duties under this subsection, the state agency may reimburse the employee for the employee's subsistence, lodging, and mileage expenses under RCW 43.03.050 and 43.03.060. An existing state employee who is excused from normal work duties under this subsection may receive full compensation and benefits as if engaged in normal work duties, but the employee is not eligible for coverage under Title 51 RCW, the industrial insurance program, during that time.

(3) A state agency may move an existing state employee's household goods and effects or pay the cost of moving such goods and effects whether they are moved by common carrier, the employee, or otherwise. The office of financial management shall establish a poundage allowance for household goods and effects as well as a cost allowance for packing, unpacking, and insurance, and a time allowance for storage in transit.

(4) In lieu of the payments authorized under subsection (3) of this section, the state agency director or authorized designee may authorize payment for moving a mobile home if the mobile home is the primary residence of an existing state employee. The payments authorized under this subsection may include preparation of the mobile home for moving, moving the mobile home, set-up costs at the new location, a reasonable cost allowance for packing, unpacking, and moving household goods and effects and insurance of them, and a reasonable time allowance for storage in transit. The payments authorized under this subsection shall not exceed the levels established by the office of financial management for the related items in subsection (3) of this section. An employee receiving payment under this subsection is not eligible for payments under subsection (5) or (6) of this section.

(5) When an existing state employee's old residence is under lease, the state agency director or authorized designee may authorize payment of the cost of settling the lease if (a) the residence is the employee's primary residence and (b) where it is necessary for the employee to buy out the remaining term of the lease as a result of accepting a position at the new work place. The payment authorized under this subsection shall not exceed an amount equal to six months' rent. An employee receiving payment under this subsection is not eligible for payments under subsection (4) or (6) of this section.

(6) The state agency director or authorized designee may authorize the payment of the closing costs associated with the sale of the existing state employee's old residence if (a) the residence is the employee's primary residence, (b) the employee owned and occupied the residence for at least six months before the date on which the employee began working at the new work place, and (c) the employee sold the residence as a result of accepting a position at the new work place. The payment authorized under this subsection shall not exceed three percent of the sale price of the home. An employee receiving payment under this subsection is not eligible for payments under subsection (4) or (5) of this section.

NEW SECTION. Sec. 4. A new section is added to chapter 43.03 RCW to read as follows:

(1) A state agency may authorize the payment of relocation expenses of new state employees in those instances where the state agency director or authorized designee determines that certain management, professional, or specialized technical skills or experience are not otherwise available; or in those instances where the state agency director or authorized designee determines that there is a demonstrable inability to fill positions deemed essential in carrying out the critically necessary work of the state agency. Pursuant to mutual agreement with a new state employee in advance of his or her employment, the state agency director or authorized designee may pay the relocation expenses of the new state employee that are necessitated by his or her acceptance of state employment. Such payments may be authorized as provided for in subsections (2) and (3) of this section if the following criteria have been met:

(a) The distance from the new state employee's old residence to the new work place is in excess of sixty-five miles or is at least thirty-five miles farther than the distance from the old residence to the old work place; and

(b) (i) If the new state employee is going to fill a position in the classified service as defined in chapter 41.06 RCW, the new state employee has been duly certified from an eligible register, and the offer or agreement for the payment was not made to a prospective member of the classified service before such certification, except through appropriate public announcement by the department of personnel, or other corresponding personnel agency as provided by chapter 41.06 RCW; or

(ii) If the new state employee is going to fill a position exempted from the classified service by RCW 41.06.070 through 41.06.091, the new state employee has been formally selected by the state agency director or authorized designee.

(2) The state agency director or authorized designee may authorize reimbursement under RCW 43.03.050 and 43.03.060 for a new state employee's subsistence, lodging, and mileage expenses, for a maximum of five days to allow the new state employee (a) to make a single, round trip to his or her new employment location to find a new residence, and (b) to permanently move the new state employee and family to the new employment location.

(3) A state agency may move a new state employee's household goods and effects or pay the cost of moving such goods and effects whether they are moved by common carrier, the employee, or otherwise. The office of financial management shall establish a poundage allowance for household goods and effects as well as a cost allowance for packing, unpacking, and insurance, and a time allowance for storage in transit.

NEW SECTION. Sec. 5. A new section is added to chapter 43.03 RCW to read as follows:

The following limitations are placed on the relocation assistance authorized under section 3 or 4 of this act:

(1) A household that receives payment under section 3 or 4 of this act is not eligible for payments associated with another move for a period of two years after the date on which the initial move occurred.

(2) An employee is not eligible to receive payments under section 3 or 4 of this act more than two years after the date on which the employee began working at the new work place.

(3) If, within a period of one year after the date on which the employee began working at the new work place, the employee resigns or causes termination of his or her employment with the state agency, the state agency may require the employee to reimburse the state agency for the relocation expenses that have been paid, either directly to the employee or on behalf of the employee, under the provisions of section 3 or 4 of this act related to the employee's move to that workplace. To recover such relocation expenses the state agency may withhold such sum as is necessary therefor from any amounts due the employee.

(4) The total payments authorized under section 3 or 4 of this act shall not exceed ten thousand dollars per household move.

(5) Moneys received under section 3 or 4 of this act shall not be included for the purpose of computing a retirement allowance under any public retirement system in this state.

(6) Benefits provided by section 3 or 4 of this act shall not be subject to a collective bargaining agreement.

(7) Payment for all expenses authorized by section 3 or 4 of this act, by RCW 43.03.050 or 43.03.060, or by RCW 43.03.130 through 43.03.210, is subject to rules adopted by the director of the office of financial management or authorized designee, including rules defining allowable moving costs and related items identified in section 3 or 4 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 4.92 RCW to read as follows:

No claim may be made against the state for any conduct of or actions taken by a state employee outside the scope of employment while excused from normal work duties under section 3 or 4 of this act.

NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:

(1) Section 43.03.110, chapter 8, Laws of 1965, section 1, chapter 16, Laws of 1967 ex. sess. and RCW 43.03.110; and

(2) Section 2, chapter 16, Laws of 1967 ex. sess., section 86, chapter 151, Laws of 1979 and RCW 43.03.120.