2054-S.E AMS MOOR S3412.3

ESHB 2054 - S AMD  001010

By Senators Moore and Gaspard

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  The higher education personnel board and the state personnel board are abolished and their powers, duties, and functions are transferred to the Washington personnel resources board.  All references to the director or the higher education personnel board or the state personnel board in the Revised Code of Washington shall be construed to mean the director of the Washington personnel resources board or the Washington personnel resources board.

NEW SECTION. Sec. 2.  All reports, documents, surveys, books, records, files, papers, or written material in the possession of the higher education personnel board and the state personnel board shall be delivered to the custody of the Washington personnel resources board.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the higher education personnel board and the state personnel board shall be made available to the Washington personnel resources board.  All funds, credits, or other assets held by the higher education personnel board and the state personnel board shall be assigned to the Washington personnel resources board.

    Any appropriations made to the higher education personnel board and the state personnel board shall, on the effective date of this section, be transferred and credited to the Washington personnel resources board.

    Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 3.  All employees of the higher education personnel board and the state personnel board are transferred to the jurisdiction of the Washington personnel resources board.  All employees classified under chapter 28B.16 RCW on June 30, 1993, or chapter 41.06 RCW, the state civil service law, are assigned to the Washington personnel resources board to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 4.  All rules of the higher education personnel board and the state personnel board shall be continued until acted upon by the Washington personnel resources board.  All pending business shall be continued until acted upon by the Washington personnel resources board.  All existing contracts and obligations shall remain in full force and shall be performed by the Washington personnel resources board.

NEW SECTION. Sec. 5.  The transfer of the powers, duties, functions, and personnel of the higher education personnel board and the state personnel board shall not affect the validity of any act performed prior to the effective date of this section.

NEW SECTION. Sec. 6.  If apportionments of budgeted funds are required because of the transfers directed by sections 2 through 5 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 7.  Nothing contained in sections 1 through 6 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the Washington personnel resources board as provided by law.

NEW SECTION. Sec. 8.  A new section is added to chapter 41.06 RCW to read as follows:

    For purposes of this chapter, "manager" means any employee who:

    (1) Formulates state-wide policy or directs the work of an agency or agency subdivision;

    (2) Is responsible to administer one or more state-wide policies or programs of an agency or agency subdivision;

    (3) Manages, administers, and controls a local branch office of an agency or agency subdivision, including the physical, financial, or personnel resources;

    (4) Has substantial responsibility in personnel administration, legislative relations, public information, or the preparation and administration of budgets; or

    (5) Functionally is above the first level of supervision and exercises authority that is not merely routine or clerical in nature and requires the consistent use of independent judgment.

NEW SECTION. Sec. 9.  A new section is added to chapter 41.06 RCW to read as follows:

    (1) Except as provided in RCW 41.06.070, notwithstanding any other provisions of this chapter, the director is authorized to adopt, after consultation with state agencies and employee organizations, rules for managers as defined in section 8 of this act.  These rules shall not apply to managers employed by institutions of higher education or related boards or whose positions are exempt.  The rules shall govern recruitment, appointment, classification and allocation of positions, examination, training and career development, hours of work, probation, certification, compensation, transfer, affirmative action, promotion, layoff, reemployment, performance appraisals, discipline, and any and all other personnel practices for managers.  These rules shall be separate from rules adopted by the board for other employees, and to the extent that the rules adopted apply only to managers shall take precedence over rules adopted by the board, and are not subject to review by the board.

    (2) In establishing rules for managers, the director shall adhere to the following goals:

    (a) Development of a simplified classification system that facilitates movement of managers between agencies and promotes upward mobility;

    (b) Creation of a compensation system consistent with the policy set forth in RCW 41.06.150(17).  The system shall provide flexibility in setting and changing salaries;

    (c) Establishment of a performance appraisal system that emphasizes individual accountability for program results and efficient management of resources; effective planning, organization, and communication skills; valuing and managing workplace diversity; development of leadership and interpersonal abilities; and employee development;

    (d) Strengthening management training and career development programs that build critical management knowledge, skills, and abilities; focusing on managing and valuing workplace diversity; empowering employees by enabling them to share in workplace decision making and to be innovative, willing to take risks, and able to accept and deal with change; promoting a workplace where the overall focus is on the recipient of the government services and how these services can be improved; and enhancing mobility and career advancement opportunities;

    (e) Permitting flexible recruitment and hiring procedures that enable agencies to compete effectively with other employers, both public and private, for managers with appropriate skills and training; allowing consideration of all qualified candidates for positions as managers; and achieving affirmative action goals and diversity in the workplace;

    (f) Providing that managers may only be reduced, dismissed, suspended, or demoted for cause; and

    (g) Facilitating decentralized and regional administration.

NEW SECTION. Sec. 10.  A new section is added to chapter 41.06 RCW to read as follows:

    Each institution of higher education and each related board shall designate an officer who shall perform duties as personnel officer.  The personnel officer at each institution or related board shall direct, supervise, and manage administrative and technical personnel activities for the classified service at the institution or related board consistent with policies established by the institution or related board and in accordance with the provisions of this chapter and the rules adopted under this chapter.  Institutions may undertake jointly with one or more other institutions to appoint a person qualified to perform the duties of personnel officer, provide staff and financial support and may engage consultants to assist in the performance of specific projects.  The services of the department of personnel may also be used by the institutions or related boards pursuant to RCW 41.06.080.

    The state board for community and technical colleges shall have general supervision and control over activities undertaken by the various community colleges pursuant to this section.

NEW SECTION. Sec. 11.  A new section is added to chapter 41.06 RCW to read as follows:

    Rules adopted by the board shall provide for local administration and management by the institutions of higher education and related boards, subject to periodic audit and review by the board, of the following:

    (1) Appointment, promotion, and transfer of employees;

    (2) Dismissal, suspension, or demotion of an employee;

    (3) Examinations for all positions in the competitive and noncompetitive service;

    (4) Probationary periods of six to twelve months and rejection of probationary employees;

    (5) Sick leaves and vacations;

    (6) Hours of work;

    (7) Layoffs when necessary and subsequent reemployment;

    (8) Allocation and reallocation of positions within the classification plans;

    (9) Training programs; and

    (10) Maintenance of personnel records.

NEW SECTION. Sec. 12.  A new section is added to chapter 41.06 RCW to read as follows:

    (1) The legislature recognizes that:

    (a) The labor market and the state government work force are diverse in terms of gender, race, ethnicity, age, and the presence of disabilities.

    (b) The state's personnel resource and management practices must be responsive to the diverse nature of its work force composition.

    (c) Managers in all agencies play a key role in the implementation of all critical personnel policies.

    It is therefore the policy of the state to create an organizational culture in state government that respects and values individual differences and encourages the productive potential of every employee.

    (2) To implement this policy, the department shall:

    (a) In consultation with agencies, employee organizations, employees, institutions of higher education, and related boards, review civil service rules and related policies to ensure that they support the state's policy of valuing and managing diversity in the workplace;

    (b) In consultation with agencies, employee organizations, and employees, institutions of higher education, and related boards, develop model policies, procedures, and technical information to be made available to such entities for the support of workplace diversity programs, including, but not limited to:

    (i) Voluntary mentorship programs;

    (ii) Alternative testing practices for persons of disability where deemed appropriate;

    (iii) Career counseling;

    (iv) Training opportunities, including management and employee awareness and skills training, English as a second language, and individual tutoring;

    (v) Recruitment strategies;

    (vi) Management performance appraisal techniques that focus on valuing and managing diversity in the workplace; and

    (vii) Alternative work arrangements;

    (c) In consultation with agencies, employee organizations, and employees, institutions of higher education, and related boards, develop training programs for all managers to enhance their ability to implement diversity policies and to provide a thorough grounding in all aspects of the state civil service law and merit system rules, and how the proper implementation and application thereof can facilitate and further the mission of the agency.

    (3) The department shall coordinate implementation of this section with the office of financial management and institutions of higher education and related boards to reduce duplication of effort.

NEW SECTION. Sec. 13.  A new section is added to chapter 41.06 RCW to read as follows:

    Meaningful and effective involvement of employees and their representatives is essential to the efficient and effective delivery of state government services.  To accomplish this, agencies shall use joint employee-management committees to collaborate on the desired goals of streamlined organizational structures, continuous improvement in all systems and processes, empowerment of line level employees to solve workplace and system delivery problems, managers functioning as coaches and facilitators, and employee training and development as an investment in the future.  If employees are represented by an exclusive bargaining representative, the representative shall select the employee committee members and also be on the committee.  In addition, the committees shall be used for improvement of the quality of work life for state employees resulting in more productive and efficient service delivery to the general public and customers of state government.  Nothing in this section supplants any collective bargaining process or provision.

    Sec. 14.  RCW 28B.12.060 and 1987 c 330 s 202 are each amended to read as follows:

    The higher education coordinating board shall adopt rules ((and regulations)) as may be necessary or appropriate for effecting the provisions of this chapter, and not in conflict with this chapter, in accordance with the provisions of chapter 34.05 RCW, the state higher education administrative procedure act.  Such rules ((and regulations)) shall include provisions designed to make employment under such work-study program reasonably available, to the extent of available funds, to all eligible students in eligible post-secondary institutions in need thereof.  Such rules ((and regulations)) shall include:

    (1) Providing work under the college work-study program which will not result in the displacement of employed workers or impair existing contracts for services.

    (2) Furnishing work only to a student who:

    (a) Is capable, in the opinion of the eligible institution, of maintaining good standing in such course of study while employed under the program covered by the agreement; and

    (b) Has been accepted for enrollment as at least a half-time student at the eligible institution or, in the case of a student already enrolled in and attending the eligible institution, is in good standing and in at least half-time attendance there either as an undergraduate, graduate or professional student; and

    (c) Is not pursuing a degree in theology.

    (3) Placing priority on the securing of work opportunities for students who are residents of the state of Washington as defined in RCW 28B.15.011 through 28B.15.014.

    (4) Provisions to assure that in the state institutions of higher education utilization of this student work-study program:

    (a) Shall only supplement and not supplant classified positions under jurisdiction of chapter ((28B.16)) 41.06 RCW;

    (b) That all positions established which are comparable shall be identified to a job classification under the ((higher education)) Washington personnel resources board's classification plan and shall receive equal compensation;

    (c) Shall not take place in any manner that would replace classified positions reduced due to lack of funds or work; and

    (d) That work study positions shall only be established at entry level positions of the classified service.

    Sec. 15.  RCW 34.05.030 and 1989 c 175 s 2 are each amended to read as follows:

    (1) This chapter shall not apply to:

    (a) The state militia, or

    (b) The board of clemency and pardons, or

    (c) The department of corrections or the indeterminate sentencing review board with respect to persons who are in their custody or are subject to the jurisdiction of those agencies.

    (2) The provisions of RCW 34.05.410 through 34.05.598 shall not apply:

    (a) To adjudicative proceedings of the board of industrial insurance appeals except as provided in RCW 7.68.110 and 51.48.131;

    (b) Except for actions pursuant to chapter 46.29 RCW, to the denial, suspension, or revocation of a driver's license by the department of licensing;

    (c) To the department of labor and industries where another statute expressly provides for review of adjudicative proceedings of a department action, order, decision, or award before the board of industrial insurance appeals;

    (d) To actions of the ((state)) Washington personnel resources board, ((the higher education personnel board,)) the director of personnel, or the personnel appeals board; or

    (e) To the extent they are inconsistent with any provisions of chapter 43.43 RCW.

    (3) Unless a party makes an election for a formal hearing pursuant to RCW 82.03.140 or 82.03.190, RCW 34.05.410 through 34.05.598 do not apply to a review hearing conducted by the board of tax appeals.

    (4) All other agencies, whether or not formerly specifically excluded from the provisions of all or any part of the Administrative Procedure Act, shall be subject to the entire act.

    Sec. 16.  RCW 34.12.020 and 1989 c 175 s 33 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Office" means the office of administrative hearings.

    (2) "Administrative law judge" means any person appointed by the chief administrative law judge to conduct or preside over hearings as provided in this chapter.

    (3) "Hearing" means an adjudicative proceeding within the meaning of RCW 34.05.010(1) conducted by a state agency under RCW 34.05.413 through 34.05.476.

    (4) "State agency" means any state board, commission, department, or officer authorized by law to make rules or to conduct adjudicative proceedings, except those in the legislative or judicial branches, the pollution control hearings board, the shorelines hearings board, the forest practices appeals board, the environmental hearings office, the board of industrial insurance appeals, the ((state personnel board, the higher education)) Washington personnel resources board, the public employment relations commission, the personnel appeals board, and the board of tax appeals.

    Sec. 17.  RCW 41.04.340 and 1991 c 249 s 1 are each amended to read as follows:

    (1) An attendance incentive program is established for all eligible employees.  As used in this section the term "eligible employee" means any employee of the state, other than teaching and research faculty at the state and regional universities and The Evergreen State College, entitled to accumulate sick leave and for whom accurate sick leave records have been maintained.  No employee may receive compensation under this section for any portion of sick leave accumulated at a rate in excess of one day per month.  The state and regional universities and The Evergreen State College shall maintain complete and accurate sick leave records for all teaching and research faculty.

    (2) In January of the year following any year in which a minimum of sixty days of sick leave is accrued, and each January thereafter, any eligible employee may receive remuneration for unused sick leave accumulated in the previous year at a rate equal to one day's monetary compensation of the employee for each four full days of accrued sick leave in excess of sixty days.  Sick leave for which compensation has been received shall be deducted from accrued sick leave at the rate of four days for every one day's monetary compensation.

    (3) At the time of separation from state service due to retirement or death, an eligible employee or the employee's estate may elect to receive remuneration at a rate equal to one day's current monetary compensation of the employee for each four full days of accrued sick leave.

    (4) Pursuant to this subsection, in lieu of cash remuneration the state may, with equivalent funds, provide eligible employees with a benefit plan providing for reimbursement of medical expenses.  The committee for deferred compensation shall develop any benefit plan established under this subsection, but may offer and administer the plan only if (a) each eligible employee has the option of whether to receive cash remuneration or to have his or her employer transfer equivalent funds to the plan; and (b) the committee has received an opinion from the United States internal revenue service stating that participating employees, prior to the time of receiving reimbursement for expenses, will incur no United States income tax liability on the amount of the equivalent funds transferred to the plan.

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

    (6) With the exception of subsection (((3))) (4) of this section, this section shall be administered, and rules shall be ((promulgated)) adopted to carry out its purposes, by the ((state personnel board and the higher education)) Washington personnel resources board for persons subject to chapter((s)) 41.06 ((and 28B.16)) RCW((, respectively, and by their respective personnel authorities for other eligible employees)):  PROVIDED, That determination of classes of eligible employees shall be subject to approval by the office of financial management.

    (7) Should the legislature revoke any remuneration or benefits granted under this section, no affected employee shall be entitled thereafter to receive such benefits as a matter of contractual right.

    Sec. 18.  RCW 41.04.670 and 1990 c 23 s 3 are each amended to read as follows:

    The ((state personnel board, the higher education)) Washington personnel resources board((,)) and other personnel authorities shall each adopt rules applicable to employees under their respective jurisdictions:  (1) Establishing appropriate parameters for the program which are consistent with the provisions of RCW 41.04.650 through 41.04.665; (2) providing for equivalent treatment of employees between their respective jurisdictions and allowing transfers of leave in accordance with RCW 41.04.665(5); (3) establishing procedures to ensure that the program does not significantly increase the cost of providing leave; and (4) providing for the administration of the program and providing for maintenance and collection of sufficient information on the program to allow a thorough legislative review.

    Sec. 19.  RCW 41.06.020 and 1985 c 461 s 1 and 1985 c 365 s 3 are each reenacted and amended to read as follows:

    Unless the context clearly indicates otherwise, the words used in this chapter have the meaning given in this section.

    (1) "Agency" means an office, department, board, commission, or other separate unit or division, however designated, of the state government and all personnel thereof; it includes any unit of state government established by law, the executive officer or members of which are either elected or appointed, upon which the statutes confer powers and impose duties in connection with operations of either a governmental or proprietary nature.

    (2) "Board" means the ((state)) Washington personnel resources board established under the provisions of RCW 41.06.110, except that this definition does not apply to the words "board" or "boards" when used in RCW 41.06.070.

    (3) "Classified service" means all positions in the state service subject to the provisions of this chapter.

    (4) "Competitive service" means all positions in the classified service for which a competitive examination is required as a condition precedent to appointment.

    (5) "Comparable worth" means the provision of similar salaries for positions that require or impose similar responsibilities, judgments, knowledge, skills, and working conditions.

    (6) "Noncompetitive service" means all positions in the classified service for which a competitive examination is not required.

    (7) "Department" means an agency of government that has as its governing officer a person, or combination of persons such as a commission, board, or council, by law empowered to operate the agency responsible either to (a) no other public officer or (b) the governor.

    (8) "Career development" means the progressive development of employee capabilities to facilitate productivity, job satisfaction, and upward mobility through work assignments as well as education and training that are both state-sponsored and are achieved by individual employee efforts, all of which shall be consistent with the needs and obligations of the state and its agencies.

    (9) "Training" means activities designed to develop job-related knowledge and skills of employees.

    (10) "Director" means the director of personnel appointed under the provisions of RCW 41.06.130.

    (11) "Affirmative action" means a procedure by which racial minorities, women, persons in the protected age category, persons with disabilities, Vietnam-era veterans, and disabled veterans are provided with increased employment opportunities.  It shall not mean any sort of quota system.

(12) "Institutions of higher education" means the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, and the various state community colleges;

(13) "Related boards" means the state board for community and technical colleges; and such other boards, councils, and commissions related to higher education as may be established.

    Sec. 20.  RCW 41.06.030 and 1961 c 1 s 3 are each amended to read as follows:

    A department of personnel, governed by ((a state)) the Washington personnel resources board and administered by a director of personnel, is hereby established as a separate agency within the state government.

    Sec. 21.  RCW 41.06.070 and 1990 c 60 s 101 are each amended to read as follows:

(1) The provisions of this chapter do not apply to:

    (((1))) (a) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, legislative budget committee, statute law committee, and any interim committee of the legislature;

    (((2))) (b) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;

    (((3))) (c) Officers, academic personnel, and employees of ((state institutions of higher education, the state board for community)) technical colleges ((education, and the higher education personnel board));

    (((4))) (d) The officers of the Washington state patrol;

    (((5))) (e) Elective officers of the state;

    (((6))) (f) The chief executive officer of each agency;

    (((7))) (g) In the departments of employment security, fisheries, social and health services, the director and ((his)) the director's confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his or her confidential secretary, and his or her statutory assistant directors;

    (((8))) (h) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:

    (((a))) (i) All members of such boards, commissions, or committees;

    (((b))) (ii) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer:  (((i))) The secretary of the board, commission, or committee; (((ii))) the chief executive officer of the board, commission, or committee; and (((iii))) the confidential secretary of the chief executive officer of the board, commission, or committee;

    (((c))) (iii) If the members of the board, commission, or committee serve on a full-time basis:  (((i))) The chief executive officer or administrative officer as designated by the board, commission, or committee; and (((ii))) a confidential secretary to the ((chairman)) chair of the board, commission, or committee;

    (((d))) (iv) If all members of the board, commission, or committee serve ex officio:  (((i))) The chief executive officer; and (((ii))) the confidential secretary of such chief executive officer;

    (((9))) (i) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;

    (((10))) (j) Assistant attorneys general;

    (((11))) (k) Commissioned and enlisted personnel in the military service of the state;

    (((12))) (l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the ((state personnel)) board ((or the board having jurisdiction));

    (((13))) (m) The public printer or to any employees of or positions in the state printing plant;

    (((14))) (n) Officers and employees of the Washington state fruit commission;

    (((15))) (o) Officers and employees of the Washington state apple advertising commission;

    (((16))) (p) Officers and employees of the Washington state dairy products commission;

    (((17))) (q) Officers and employees of the Washington tree fruit research commission;

    (((18))) (r) Officers and employees of the Washington state beef commission;

    (((19))) (s) Officers and employees of any commission formed under ((the provisions of chapter 191, Laws of 1955, and)) chapter 15.66 RCW;

    (((20))) (t) Officers and employees of the state wheat commission formed under ((the provisions of chapter 87, Laws of 1961 ())chapter 15.63 RCW(()));

    (((21))) (u) Officers and employees of agricultural commissions formed under ((the provisions of chapter 256, Laws of 1961 ())chapter 15.65 RCW(()));

    (((22))) (v) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;

    (((23))) (w) Liquor vendors appointed by the Washington state liquor control board pursuant to RCW 66.08.050:  PROVIDED, HOWEVER, That rules ((and regulations)) adopted by the ((state)) Washington personnel resources board pursuant to RCW 41.06.150 regarding the basis for, and procedures to be followed for, the dismissal, suspension, or demotion of an employee, and appeals therefrom shall be fully applicable to liquor vendors except those part time agency vendors employed by the liquor control board when, in addition to the sale of liquor for the state, they sell goods, wares, merchandise, or services as a self-sustaining private retail business;

    (((24))) (x) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;

    (((25))) (y) In each agency with fifty or more employees:  Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency heads;

    (((26))) (z) All employees of the marine employees' commission;

    (((27))) (aa) Up to a total of five senior staff positions of the western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit.  This subsection shall expire on June 30, 1997;

    (((28))) (2) The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:

(a) Members of the governing board of each institution of higher education and related boards, all presidents, vice-presidents and their confidential secretaries, administrative and personal assistants; deans, directors, and chairs; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington;

(b) Student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board, employed by institutions of higher education and related boards;

(c) The governing board of each institution, and related boards, may also exempt from this chapter classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training, and principal assistants to executive heads of major administrative or academic divisions, as determined by the board:  PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the board under this provision;

(d) Printing craft employees in the department of printing at the University of Washington;

(3) In addition to the exemptions specifically provided by this chapter, the ((state)) Washington personnel resources board may provide for further exemptions pursuant to the following procedures.  The governor or other appropriate elected official may submit requests for exemption to the Washington personnel resources board stating the reasons for requesting such exemptions.  The Washington personnel resources board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection.  If the board determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the Washington personnel resources board shall grant the request and such determination shall be final as to any decision made before July 1, 1993.  The total number of additional exemptions permitted under this subsection shall not exceed ((one hundred eighty-seven)) one percent of the number of employees in the classified service not including employees of institutions of higher education and related boards for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor.  The ((state)) Washington personnel resources board shall report to each regular session of the legislature during an odd-numbered year all exemptions granted under subsections (((24), (25), and (28))) (1) (x) and (y) and (2) of this section, together with the reasons for such exemptions.

    The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsection((s (10))) (1) (j) through (((22))) (v) of this section, shall be determined by the ((state)) Washington personnel resources board.

    Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights:  If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

    Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

    A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.

    Sec. 22.  RCW 41.06.076 and 1980 c 73 s 1 are each amended to read as follows:

    In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the department of social and health services to the secretary; the secretary's executive assistant, if any; not to exceed six assistant secretaries, thirteen division directors, six regional directors; one confidential secretary for each of the above-named officers; not to exceed six bureau chiefs; and all superintendents of institutions of which the average daily population equals or exceeds one hundred residents:  PROVIDED, That each such confidential secretary must meet the minimum qualifications for the class of secretary II as determined by the ((state)) Washington personnel resources board.

    Sec. 23.  RCW 41.06.079 and 1985 c 178 s 1 are each amended to read as follows:

    In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the department of transportation to the secretary, a deputy secretary, an administrative assistant to the secretary, if any, one assistant secretary for each division designated pursuant to RCW 47.01.081, one confidential secretary for each of the above-named officers, up to six transportation district administrators and one confidential secretary for each district administrator, up to six additional new administrators or confidential secretaries designated by the secretary of the department of transportation and approved by the ((state)) Washington personnel resources board pursuant to the provisions of RCW ((41.06.070(26))) 41.06.070(1)(z), the legislative liaison for the department, the state construction engineer, the state aid engineer, the personnel manager, the state project development engineer, the state maintenance and operations engineer, one confidential secretary for each of the last-named five positions, and a confidential secretary for the public affairs administrator.  The individuals appointed under this section shall be exempt from the provisions of the state civil service law, and shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for individuals exempt from the operation of the state civil service law.

    Sec. 24.  RCW 41.06.093 and 1990 c 14 s 1 are each amended to read as follows:

    In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the Washington state patrol to confidential secretaries of agency bureau chiefs, or their functional equivalent, and a confidential secretary for the chief of staff:  PROVIDED, That each confidential secretary must meet the minimum qualifications for the class of secretary II as determined by the ((state)) Washington personnel resources board.

    Sec. 25.  RCW 41.06.110 and 1984 c 287 s 69 are each amended to read as follows:

    (1) There is hereby created a ((state)) Washington personnel resources board composed of three members appointed by the governor, subject to confirmation by the senate.  ((The first such board shall be appointed within thirty days after December 8, 1960, for terms of two, four, and six years.)) The members of the personnel board serving June 30, 1993, shall be the members of the Washington personnel resources board, and they shall complete their terms as under the personnel board.    Each odd-numbered year thereafter the governor shall appoint a member for a six-year term.  Each member shall continue to hold office after the expiration of the member's term until a successor has been appointed.  Persons so appointed shall have clearly demonstrated an interest and belief in the merit principle, shall not hold any other employment with the state, shall not have been an officer of a political party for a period of one year immediately prior to such appointment, and shall not be or become a candidate for partisan elective public office during the term to which they are appointed;

    (2) Each member of the board shall be compensated in accordance with RCW 43.03.250.  The members of the board may receive any number of daily payments for official meetings of the board actually attended.  Members of the board shall also be reimbursed for travel expenses incurred in the discharge of their official duties in accordance with RCW 43.03.050 and 43.03.060.

    (3) At its first meeting following the appointment of all of its members, and annually thereafter, the board shall elect a ((chairman)) chair and ((vice chairman)) vice-chair from among its members to serve one year.  The presence of at least two members of the board shall constitute a quorum to transact business.  A written public record shall be kept by the board of all actions of the board.  The director ((of personnel)) shall serve as secretary.

    (4) The board may appoint and compensate hearing officers to hear and conduct appeals until December 31, 1982.  Such compensation shall be paid on a contractual basis for each hearing, in accordance with the provisions of chapter 43.88 RCW and rules adopted pursuant thereto, as they relate to personal service contracts.

    Sec. 26.  RCW 41.06.130 and 1982 1st ex.s. c 53 s 3 are each amended to read as follows:

    The office of director of personnel is hereby established.

    (1) ((Within ninety days after December 8, 1960, a director of personnel shall be appointed.  The merit system director then serving under RCW 50.12.030, whose position is terminated by this chapter, may serve as director of personnel hereunder until a permanent director of personnel is appointed as herein provided, and may be appointed as director of personnel by the governor alone; or the governor may fill the position in the manner hereinafter provided for subsequent vacancies therein on the basis of competitive examination, in conformance with board rules for competitive examinations, for which examinations the merit system director is eligible.

    (2))) The director of personnel shall be appointed by the governor ((from a list of three names submitted to him by the board with its recommendations.  The names on such list shall be those of the three standing highest upon competitive examination conducted by a committee of three persons appointed by the board solely for that purpose whenever the position is vacant.  Only persons with substantial experience in the field of personnel management are eligible to take such examination)).  The governor shall consult with, but shall not be obligated by recommendations of the board.  The director's appointment shall be subject to confirmation by the senate.

    (((3))) (2) The director of personnel ((is removable for cause by)) shall serve at the pleasure of the governor ((with the approval of a majority of the board or by a majority of the board)).

    (((4))) (3) The director of personnel shall direct and supervise all the department of personnel's administrative and technical activities in accordance with the provisions of this chapter and the rules ((and regulations approved and promulgated thereunder.  He)) adopted under it.  The director shall prepare for consideration by the board proposed rules ((and regulations)) required by this chapter.  ((His)) The director's salary shall be fixed by the ((board)) governor.

    (((5))) (4) The director of personnel may delegate to any agency the authority to perform administrative and technical personnel activities if the agency requests such authority and the director of personnel is satisfied that the agency has the personnel management capabilities to effectively perform the delegated activities.  The director of personnel shall prescribe standards and guidelines for the performance of delegated activities.  If the director of personnel determines that an agency is not performing delegated activities within the prescribed standards and guidelines, the director shall withdraw the authority from the agency to perform such activities.

    Sec. 27.  RCW 41.06.150 and 1990 c 60 s 103 are each amended to read as follows:

    The board shall adopt rules, consistent with the purposes and provisions of this chapter, as now or hereafter amended, and with the best standards of personnel administration, regarding the basis and procedures to be followed for:

    (1) The reduction, dismissal, suspension, or demotion of an employee;

    (2) Certification of names for vacancies, including departmental promotions, with the number of names equal to ((four)) six more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists:  PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;

    (3) Examinations for all positions in the competitive and noncompetitive service;

    (4) Appointments;

    (5) Training and career development;

    (6) Probationary periods of six to twelve months and rejections ((therein)) of probationary employees, depending on the job requirements of the class, except that entry level state park rangers shall serve a probationary period of twelve months;

    (7) Transfers;

    (8) Sick leaves and vacations;

    (9) Hours of work;

    (10) Layoffs when necessary and subsequent reemployment, both according to seniority;

    (11) Determination of appropriate bargaining units within any agency:  PROVIDED, That in making such determination the board shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;

    (12) Certification and decertification of exclusive bargaining representatives:  PROVIDED, That after certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal:  PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment:  PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights:  AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his or her individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;

    (13) Agreements between agencies and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the appropriate bargaining unit of such agency may lawfully exercise discretion;

    (14) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the appointing authority and the employee organization:  PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his or her official duties;

    (15) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position;

    (16) Allocation and reallocation of positions within the classification plan;

    (17) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155 and that, for institutions of higher education and related boards, shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;

    (18) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service;

    (19) Providing for veteran's preference as required by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their ((widows)) surviving spouses by giving such eligible veterans and their ((widows)) surviving spouses additional credit in computing their seniority by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years.  For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given:  PROVIDED, HOWEVER, That the ((widow)) surviving spouse of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service:  PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;

    (20) Permitting agency heads to delegate the authority to appoint, reduce, dismiss, suspend, or demote employees within their agencies if such agency heads do not have specific statutory authority to so delegate:  PROVIDED, That the board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;

    (21) Assuring persons who are or have been employed in classified positions under chapter 28B.16 RCW before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;

    (22) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress against those goals and timetables.

    The board shall consult with the human rights commission in the development of rules pertaining to affirmative action.  The department of personnel shall transmit a report annually to the human rights commission which states the progress each state agency has made in meeting affirmative action goals and timetables.

    Sec. 28.  RCW 41.06.155 and 1983 1st ex.s. c 75 s 6 are each amended to read as follows:

    Salary changes necessary to achieve comparable worth shall be implemented during the 1983-85 biennium under a schedule developed by the department ((in cooperation with the higher education personnel board)).  Increases in salaries and compensation solely for the purpose of achieving comparable worth shall be made at least annually.  Comparable worth for the jobs of all employees under this chapter shall be fully achieved not later than June 30, 1993.

    Sec. 29.  RCW 41.06.160 and 1985 c 94 s 2 are each amended to read as follows:

    In preparing classification and salary schedules as set forth in RCW 41.06.150 as now or hereafter amended the department of personnel shall give full consideration to prevailing rates in other public employment and in private employment in this state.  For this purpose the department shall undertake comprehensive salary and fringe benefit surveys ((to be planned and conducted on a joint basis with the higher education personnel board)), with such surveys to be conducted in the year prior to the convening of every other one hundred five day regular session of the state legislature.  In the year prior to the convening of each one hundred five day regular session during which a comprehensive salary and fringe benefit survey is not conducted, the department shall plan and conduct ((on a joint basis with the higher education personnel board)) a trend salary and fringe benefit survey.  This survey shall measure average salary and fringe benefit movement for broad occupational groups which has occurred since the last comprehensive salary and fringe benefit survey was conducted.  The results of each comprehensive and trend salary and fringe benefit survey shall be completed and forwarded by September 30 with a recommended state salary schedule to the governor and director of financial management for their use in preparing budgets to be submitted to the succeeding legislature.  A copy of the data and supporting documentation shall be furnished by the department of personnel to the standing committees for appropriations of the senate and house of representatives.

    In the case of comprehensive salary and fringe benefit surveys, the department shall furnish the following supplementary data in support of its recommended salary schedule:

    (1) A total dollar figure which reflects the recommended increase or decrease in state salaries as a direct result of the specific salary and fringe benefit survey that has been conducted and which is categorized to indicate what portion of the increase or decrease is represented by salary survey data and what portion is represented by fringe benefit survey data;

    (2) An additional total dollar figure which reflects the impact of recommended increases or decreases to state salaries based on other factors rather than directly on prevailing rate data obtained through the survey process and which is categorized to indicate the sources of the requests for deviation from prevailing rates and the reasons for the changes;

    (3) A list of class codes and titles indicating recommended monthly salary ranges for all state classes under the control of the department of personnel with((:

    (a))) those salary ranges which do not substantially conform to the prevailing rates developed from the salary and fringe benefit survey distinctly marked and an explanation of the reason for the deviation included; ((and

    (b) Those department of personnel classes which are substantially the same as classes being used by the higher education personnel board clearly marked to show the commonality of the classes between the two jurisdictions;))

    (4) A supplemental salary schedule which indicates the additional salary to be paid state employees for hazardous duties or other considerations requiring extra compensation under specific circumstances.  Additional compensation for these circumstances shall not be included in the basic salary schedule but shall be maintained as a separate pay schedule for purposes of full disclosure and visibility; and

    (5) A supplemental salary schedule which indicates those cases where the board determines that prevailing rates do not provide similar salaries for positions that require or impose similar responsibilities, judgment, knowledge, skills, and working conditions.  This supplementary salary schedule shall contain proposed salary adjustments necessary to eliminate any such dissimilarities in compensation.  Additional compensation needed to eliminate such salary dissimilarities shall not be included in the basic salary schedule but shall be maintained as a separate salary schedule for purposes of full disclosure and visibility.

    It is the intention of the legislature that requests for funds to support recommendations for salary deviations from the prevailing rate survey data shall be kept to a minimum, and that the requests be fully documented when forwarded by the department of personnel.  ((Further, it is the intention of the legislature that the department of personnel and the higher education personnel board jointly determine job classes which are substantially common to both jurisdictions and that basic salaries for these job classes shall be equal based on salary and fringe benefit survey findings.))

    Salary and fringe benefit survey information collected from private employers which identifies a specific employer with the salary and fringe benefit rates which that employer pays to its employees shall not be subject to public disclosure under chapter 42.17 RCW.

    The first comprehensive salary and fringe benefit survey required by this section shall be completed and forwarded to the governor and the director of financial management by September 30, 1986.  The first trend salary and fringe benefit survey required by this section shall be completed and forwarded to the governor and the director of financial management by September 30, 1988.

    Sec. 30.  RCW 41.06.163 and 1987 c 185 s 9 are each amended to read as follows:

    (1) In the conduct of salary and fringe benefit surveys under RCW 41.06.160 as now or hereafter amended, it is the intention of the legislature that the surveys be undertaken in a manner consistent with statistically accurate sampling techniques.  For this purpose, a comprehensive salary and fringe benefit survey plan shall be submitted to the director of financial management, employee organizations, and the standing committees for appropriations of the senate and house of representatives six months before the beginning of each periodic survey required before regular legislative sessions.  This comprehensive plan shall include but not be limited to the following:

    (a) A complete explanation of the technical, statistical process to be used in the salary and fringe benefit survey including the percentage of accuracy expected from the planned statistical sample chosen for the survey and a definition of the term "prevailing rates" which is to be used in the planned survey;

    (b) A comprehensive salary and fringe benefit survey model based on scientific statistical principles which:

    (i) Encompasses the interrelationships among the various elements of the survey sample including sources of salary and fringe benefit data by organization type, size, and regional location;

    (ii) Is representative of private and public employment in this state;

    (iii) Ensures that, wherever practical, data from smaller, private firms are included and proportionally weighted in the survey sample; and

    (iv) Indicates the methodology to be used in application of survey data to job classes used by state government;

    (c) A prediction of the increase or decrease in total funding requirements expected to result from the pending salary and fringe benefit survey based on consumer price index information and other available trend data pertaining to Washington state salaries and fringe benefits.

    (2) Every comprehensive survey plan shall fully consider fringe benefits as an element of compensation in addition to basic salary data.  ((The plans prepared under this section shall be developed jointly by the department of personnel in conjunction with the higher education personnel board established under chapter 28B.16 RCW.  All comprehensive salary and fringe benefit survey plans shall be submitted on a joint signature basis by the department of personnel and the higher education personnel board.))

    (3) Interim or special surveys conducted under RCW 41.06.160 as now or hereafter amended shall conform when possible to the statistical techniques and principles developed for regular periodic surveys under this section.

    (4) The term "fringe benefits" as used in this section and in conjunction with salary surveys shall include but not be limited to compensation for:

    (a) Leave time, including vacation, holiday, civil, and personal leave;

    (b) Employer retirement contributions;

    (c) Health and insurance payments, including life, accident, and health insurance, workers' compensation, and sick leave; and

    (d) Stock options, bonuses, and purchase discounts where appropriate.

    Sec. 31.  RCW 41.06.170 and 1981 c 311 s 19 are each amended to read as follows:

    (1) The board or director, in the ((promulgation)) adoption of rules ((and regulations)) governing suspensions for cause, shall not authorize an appointing authority to suspend an employee for more than fifteen calendar days as a single penalty or more than thirty calendar days in any one calendar year as an accumulation of several penalties.  The board or director shall require that the appointing authority give written notice to the employee not later than one day after the suspension takes effect, stating the reasons for and the duration thereof.  ((The authority shall file a copy of the notice with the director of personnel.))

    (2) Any employee who is reduced, dismissed, suspended, or demoted, after completing his or her probationary period of service as provided by the rules ((and regulations)) of the board, or any employee who is adversely affected by a violation of the state civil service law, chapter 41.06 RCW((, as now or hereafter amended)), or rules ((promulgated pursuant thereto)) adopted under it, shall have the right to appeal to the personnel appeals board created by RCW 41.64.010 not later than thirty days after the effective date of such action.  The employee shall be furnished with specified charges in writing when a reduction, dismissal, suspension, or demotion action is taken.  Such appeal shall be in writing.

    (3) Any employee whose position has been exempted after July 1, 1993, shall have the right to appeal to the personnel appeals board created by RCW 41.64.010 not later than thirty days after the effective date of such action.

(4) An employee incumbent in a position at the time of its allocation or reallocation, or the agency utilizing the position, may appeal the allocation or reallocation to the personnel appeals board created by RCW 41.64.010.  Notice of such appeal must be filed in writing within thirty days of the action from which appeal is taken.

    Sec. 32.  RCW 41.06.186 and 1985 c 461 s 5 are each amended to read as follows:

    The Washington personnel resources board shall adopt rules designed to terminate the state employment of any employee whose performance is so inadequate as to warrant termination.

    Sec. 33.  RCW 41.06.196 and 1985 c 461 s 6 are each amended to read as follows:

    The Washington personnel resources board shall adopt rules designed to remove from supervisory positions those supervisors who in violation of the rules adopted under RCW 41.06.186 have tolerated the continued employment of employees under their supervision whose performance has warranted termination from state employment.

    Sec. 34.  RCW 41.06.280 and 1987 c 248 s 4 are each amended to read as follows:

    There is hereby created a fund within the state treasury, designated as the "department of personnel service fund," to be used by the board as a revolving fund for the payment of salaries, wages, and operations required for the administration of the provisions of this chapter, applicable provisions of chapter 41.04 RCW, and chapter 41.60 RCW.  An amount not to exceed one and one-half percent of the approved allotments of salaries and wages for all positions in the classified service in each of the agencies subject to this chapter((, except the institutions of higher learning,)) shall be charged to the operations appropriations of each agency and credited to the department of personnel service fund as the allotments are approved pursuant to chapter 43.88 RCW.  Subject to the above limitations, the amount shall be charged against the allotments pro rata, at a rate to be fixed by the director from time to time which, together with income derived from services rendered under RCW 41.06.080, will provide the department with funds to meet its anticipated expenditures during the allotment period, including the training requirements in sections 9 and 12 of this act.

    The director of personnel shall fix the terms and charges for services rendered by the department of personnel pursuant to RCW 41.06.080, which amounts shall be credited to the department of personnel service fund and charged against the proper fund or appropriation of the recipient of such services on a quarterly basis.  Payment for services so rendered under RCW 41.06.080 shall be made on a quarterly basis to the state treasurer and deposited by him in the department of personnel service fund.

    Moneys from the department of personnel service fund shall be disbursed by the state treasurer by warrants on vouchers duly authorized by the board.

    Sec. 35.  RCW 41.06.340 and 1969 ex.s. c 215 s 13 are each amended to read as follows:

    Each and every provision of RCW 41.56.140 through 41.56.190 shall be applicable to this chapter as it relates to state civil service employees and the ((state)) Washington personnel resources board, or its designee, whose final decision shall be appealable to the ((state)) Washington personnel resources board, which is granted all powers and authority granted to the department of labor and industries by RCW 41.56.140 through 41.56.190.

    Sec. 36.  RCW 41.06.350 and 1969 ex.s. c 152 s 1 are each amended to read as follows:

    The ((state)) Washington personnel resources board is authorized to receive federal funds now available or hereafter made available for the assistance and improvement of public personnel administration, which may be expended in addition to the department of personnel service fund established by RCW 41.06.280.

    Sec. 37.  RCW 41.06.450 and 1982 c 208 s 10 are each amended to read as follows:

    (1) By January 1, 1983, the Washington personnel resources board shall adopt rules applicable to each agency to ensure that information relating to employee misconduct or alleged misconduct is destroyed or maintained as follows:

    (a) All such information determined to be false and all such information in situations where the employee has been fully exonerated of wrongdoing, shall be promptly destroyed;

    (b) All such information having no reasonable bearing on the employee's job performance or on the efficient and effective management of the agency, shall be promptly destroyed;

    (c) All other information shall be retained only so long as it has a reasonable bearing on the employee's job performance or on the efficient and effective management of the agency.

    (2) Notwithstanding subsection (1) of this section, an agency may retain information relating to employee misconduct or alleged misconduct if:

    (a) The employee requests that the information be retained; or

    (b) The information is related to pending legal action or legal action may be reasonably expected to result.

    (3) In adopting rules under this section, the Washington personnel resources board shall consult with the public disclosure commission to ensure that the public policy of the state, as expressed in chapter 42.17 RCW, is adequately protected.

    Sec. 38.  RCW 41.06.475 and 1986 c 269 s 2 are each amended to read as follows:

    The ((state)) Washington personnel resources board shall adopt rules, in cooperation with the secretary of social and health services, for the background investigation of persons being considered for state employment in positions directly responsible for the supervision, care, or treatment of children or developmentally disabled persons.

    Sec. 39.  RCW 41.48.140 and 1979 c 152 s 3 are each amended to read as follows:

    Nothing in RCW 41.48.120 or 41.48.130 shall affect the power of the ((state)) Washington personnel resources board((, the higher education personnel board,)) or any other state personnel authority to establish sick leave ((regulations)) rules except as may be required under RCW 41.48.120 or 41.48.130:  PROVIDED, That each personnel board and personnel authority shall establish the maximum number of working days an employee under its jurisdiction may be absent on account of sickness or accident disability without a medical certificate.

    "Personnel authority" as used in this section, means a state agency, board, committee, or similar body having general authority to establish personnel ((regulations)) rules.

    Sec. 40.  RCW 41.50.804 and 1975-'76 2nd ex.s. c 105 s 17 are each amended to read as follows:

    Nothing contained in this chapter shall be construed to alter any existing collective bargaining agreement until any such agreement has expired or until any such bargaining unit has been modified by action of the Washington personnel resources board as provided by law.

    Sec. 41.  RCW 41.64.090 and 1981 c 311 s 10 are each amended to read as follows:

(1) The board shall have jurisdiction to decide appeals filed on or after July 1, 1981, of employees under the jurisdiction of the ((state)) Washington personnel resources board pursuant to RCW 41.06.170, as now or hereafter amended.

(2) The board shall have jurisdiction to decide appeals filed on or after July 1, 1993, of employees of institutions of higher education and related boards under the jurisdiction of the Washington personnel resources board pursuant to RCW 41.06.170.  An appeal under this subsection by an employee of an institution of higher education or a related board shall be held in the county in which the institution is located or the county in which the person was employed when the appeal was filed.

    Sec. 42.  RCW 42.16.010 and 1983 1st ex.s. c 28 s 1 are each amended to read as follows:

    (1) Except as provided otherwise in subsection (2) of this section, all state officers and employees shall be paid for services rendered from the first day of the month through the fifteenth day of the month and for services rendered from the sixteenth day of the month through the last calendar day of the month.  Paydates for these two pay periods shall be established by the director of financial management through the administrative hearing process and the official paydates shall be established six months prior to the beginning of each subsequent calendar year.  Under no circumstance shall the paydate be established more than ten days after the pay period in which the wages are earned except when the designated paydate falls on Sunday, in which case the paydate shall not be later than the following Monday.  Payment shall be deemed to have been made by the established paydates if:  (a) The salary warrant is available at the geographic work location at which the warrant is normally available to the employee; or (b) the salary has been electronically transferred into the employee's account at the employee's designated financial institution; or (c) the salary warrants are mailed at least two days before the established paydate for those employees engaged in work in remote or varying locations from the geographic location at which the payroll is prepared, provided that the employee has requested payment by mail.

    The office of financial management shall develop the necessary policies and operating procedures to assure that all remuneration for services rendered including basic salary, shift differential, standby pay, overtime, penalty pay, salary due based on contractual agreements, and special pay provisions, as provided for by law, Washington personnel resources board rules, agency policy or rule, or contract, shall be available to the employee on the designated paydate.  Overtime, penalty pay, and special pay provisions may be paid by the next following paydate if the postponement of payment is attributable to:  The employee's not making a timely or accurate report of the facts which are the basis for the payment, or the employer's lack of reasonable opportunity to verify the claim.

    Compensable benefits payable because of separation from state service shall be paid with the earnings for the final period worked unless the employee separating has not provided the agency with the proper notification of intent to terminate.

    One-half of the employee's basic monthly salary shall be paid in each pay period.  Employees paid on an hourly basis or employees who work less than a full pay period shall be paid for actual salary earned.

    (2) Subsection (1) of this section shall not apply in instances where it would conflict with contractual rights or, with the approval of the office of financial management, to short-term, intermittent, noncareer state employees, to student employees of institutions of higher education, and to liquor control agency managers who are paid a percentage of monthly liquor sales.

    Sec. 43.  RCW 42.17.2401 and 1991 c 200 s 404 are each amended to read as follows:

    For the purposes of RCW 42.17.240, the term "executive state officer" includes:

    (1) The chief administrative law judge, the director of agriculture, the administrator of the office of marine safety, the administrator of the Washington basic health plan, the director of the department of services for the blind, the director of the state system of community and technical colleges, the director of community development, the secretary of corrections, the director of ecology, the commissioner of employment security, the chairman of the energy facility site evaluation council, the director of the energy office, the secretary of the state finance committee, the director of financial management, the director of fisheries, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, ((the director of the higher education personnel board,)) the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the director of the interagency committee for outdoor recreation, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the lottery commission, the director of the office of minority and women's business enterprises, the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, the director of trade and economic development, the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, the director of wildlife, the president of each of the regional and state universities and the president of The Evergreen State College, each district and each campus president of each state community college;

    (2) Each professional staff member of the office of the governor;

    (3) Each professional staff member of the legislature; and

    (4) Central Washington University board of trustees, board of trustees of each community college, each member of the state board for community and technical colleges ((education)), state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen State College board of trustees, forest practices appeals board, forest practices board, gambling commission, Washington health care facilities authority, higher education coordinating board, higher education facilities authority, ((higher education personnel board,)) horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, information services board, interagency committee for outdoor recreation, state investment board, liquor control board, lottery commission, marine oversight board, oil and gas conservation committee, Pacific Northwest electric power and conservation planning council, parks and recreation commission, personnel appeals board, ((personnel board,)) board of pilotage (([commissioners])) commissioners, pollution control hearings board, public disclosure commission, public pension commission, shorelines hearing board, state employees' benefits board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington state maritime commission, Washington personnel resources board, Washington public power supply system executive board, Washington State University board of regents, Western Washington University board of trustees, and wildlife commission.

    Sec. 44.  RCW 43.01.170 and 1992 c 234 s 11 are each amended to read as follows:

    In order to ensure that the state derives the expected benefits from the early retirement provisions of chapter 234, Laws of 1992, no state agency may hire persons who retire from state service under the provisions of chapter 234, Laws of 1992 as temporary or project employees, as defined by the ((state)) Washington personnel resources board for employees covered under chapter 41.06 RCW ((and by the higher education personnel board for employees covered under chapter 28B.16 RCW)).  Exceptions to this section may be granted by written approval from the director of the office of financial management if the director finds that the temporary or project employment of a retiree is necessary to protect the public safety, protect against the loss of federal certification or loss of critical federal funds, or carry out functions so essential to the agency that even temporary suspension or delay of services would have a significant negative impact on the public.  At the end of each three-month period in which exceptions are approved, the director shall forward a copy of any approvals, together with justification for the exceptions, to the fiscal committees of the legislature.  Each forwarded approval shall include the name of the temporary or project employee, the agency and division or department requesting the employment, duration and cost of the proposed employment, and specific functions and duties to be carried out during the employment.  This section shall expire June 30, 1995.

    Sec. 45.  RCW 43.03.028 and 1991 c 3 s 294 are each amended to read as follows:

    (1) There is hereby created a state committee on agency officials' salaries to consist of seven members, or their designees, as follows:  The president of the University of Puget Sound; the chairperson of the council of presidents of the state's four-year institutions of higher education; the chairperson of the ((State)) Washington personnel resources board; the president of the Association of Washington Business; the president of the Pacific Northwest Personnel Managers' Association; the president of the Washington State Bar Association; and the president of the Washington State Labor Council.  If any of the titles or positions mentioned in this subsection are changed or abolished, any person occupying an equivalent or like position shall be qualified for appointment by the governor to membership upon the committee.

    (2) The committee shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government:

    The arts commission; the human rights commission; the board of accountancy; the board of pharmacy; the capitol historical association and museum; the eastern Washington historical society; the Washington state historical society; the interagency committee for outdoor recreation; the criminal justice training commission; the department of personnel; the state finance committee; the state library; the traffic safety commission; the horse racing commission; the advisory council on vocational education; the public disclosure commission; the state conservation commission; the commission on Hispanic affairs; the commission on Asian-American affairs; the state board for volunteer fire fighters; the transportation improvement board; the public ((employees)) employment relations commission; the forest practices appeals board; and the energy facilities site evaluation council.

    The committee shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position.

    (3) Committee members shall be reimbursed by the department of personnel for travel expenses under RCW 43.03.050 and 43.03.060.

    Sec. 46.  RCW 43.03.305 and 1986 c 155 s 2 are each amended to read as follows:

    There is created a commission to be known as the Washington citizens' commission on salaries for elected officials, to consist of fifteen members appointed by the governor as provided in this section.

    (1) Eight of the fifteen commission members shall be selected by lot by the secretary of state from among those registered voters eligible to vote at the general election held in November, 1986, and thereafter from among those registered voters eligible to vote at the time of the selection.  One member shall be selected from each congressional district.  The secretary shall establish policies and procedures for conducting the selection by lot.  The policies and procedures shall include, but not be limited to, those for notifying persons selected and for providing a new selection from a congressional district if a person selected from the district declines appointment to the commission.

    (2) The remaining seven of the fifteen commission members, all residents of this state, shall be selected jointly by the speaker of the house of representatives and the president of the senate.  The persons selected under this subsection shall have had experience in the field of personnel management.  Of these seven members, one shall be selected from each of the following five sectors in this state:  Private institutions of higher education; business; professional personnel management; legal profession; and organized labor.  Of the two remaining members, one shall be a person recommended to the speaker and the president by the ((chairperson)) chair of the ((state)) Washington personnel resources board and one shall be a person recommended by majority vote of the presidents of the state's four-year institutions of higher education.

    (3) The secretary of state shall forward the names of persons selected under subsection (1) of this section and the speaker of the house of representatives and president of the senate shall forward the names of persons selected under subsection (2) of this section to the governor who shall appoint these persons to the commission.  Except as provided in subsection (6) of this section, the names of persons selected for appointment to the commission shall be forwarded to the governor not later than February 15, 1987, and not later than the fifteenth day of February every four years thereafter.

    (4) Members shall hold office for terms of four years, and no person may be appointed to more than two such terms.  No member of the commission may be removed by the governor during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence.

    (5) No state official, public employee, or lobbyist, or immediate family member of the official, employee, or lobbyist, subject to the registration requirements of chapter 42.17 RCW is eligible for membership on the commission.

    As used in this subsection the phrase "immediate family" means the parents, spouse, siblings, children, or dependent relative of the official, employee, or lobbyist whether or not living in the household of the official, employee, or lobbyist.

    (6) Upon a vacancy in any position on the commission, a successor shall be selected and appointed to fill the unexpired term.  The selection and appointment shall be concluded within thirty days of the date the position becomes vacant and shall be conducted in the same manner as originally provided.

    Sec. 47.  RCW 43.06.410 and 1985 c 442 s 1 are each amended to read as follows:

    There is established within the office of the governor the Washington state internship program to assist students and state employees in gaining valuable experience and knowledge in various areas of state government.  In administering the program, the governor shall:

    (1) Consult with the secretary of state, the director of personnel, ((the director of the higher education personnel board,)) the commissioner of the employment security department, and representatives of labor;

    (2) Encourage and assist agencies in developing intern positions;

    (3) Develop and coordinate a selection process for placing individuals in intern positions.  This selection process shall give due regard to the responsibilities of the state to provide equal employment opportunities;

    (4) Develop and coordinate a training component of the internship program which balances the need for training and exposure to new ideas with the intern's and agency's need for on-the-job work experience;

    (5) Work with institutions of higher education in developing the program, soliciting qualified applicants, and selecting participants; and

    (6) Develop guidelines for compensation of the participants.

    Sec. 48.  RCW 43.06.425 and 1985 c 442 s 4 are each amended to read as follows:

    The ((state)) Washington personnel resources board ((and the higher education personnel board)) shall ((each)) adopt rules to provide that:

    (1) Successful completion of an internship under RCW 43.06.420 shall be considered as employment experience at the level at which the intern was placed;

    (2) Persons leaving classified or exempt positions in state government in order to take an internship under RCW 43.06.420:  (a) Have the right of reversion to the previous position at any time during the internship or upon completion of the internship; and (b) shall continue to receive all fringe benefits as if they had never left their classified or exempt positions;

    (3) Participants in the undergraduate internship program who were not public employees prior to accepting a position in the program receive sick leave allowances commensurate with other state employees;

    (4) Participants in the executive fellows program who were not public employees prior to accepting a position in the program receive sick and vacation leave allowances commensurate with other state employees.

    Sec. 49.  RCW 43.06.430 and 1985 c 442 s 5 are each amended to read as follows:

    The ((state)) Washington personnel resources board shall adopt rules to provide that persons successfully completing an internship under the executive fellows program created under RCW 43.06.420 are eligible for positions in the career executive program under RCW 41.06.430.

    Sec. 50.  RCW 43.33A.100 and 1981 c 219 s 3 are each amended to read as follows:

    The state investment board shall maintain appropriate offices and employ such personnel as may be necessary to perform its duties.  Employment by the investment board shall include but not be limited to an executive director, investment officers, and a confidential secretary, which positions are exempt from classified service under chapter 41.06 RCW.  Employment of the executive director by the board shall be for a term of three years, and such employment shall be subject to confirmation of the state finance committee:  PROVIDED, That nothing shall prevent the board from dismissing the director for cause before the expiration of the term nor shall anything prohibit the board, with the confirmation of the state finance committee, from employing the same individual as director in succeeding terms.  Compensation levels for the investment officers employed by the investment board shall be established by the ((state)) Washington personnel resources board.

    As of July 1, 1981, all employees classified under chapter 41.06 RCW and engaged in duties assumed by the state investment board on July 1, 1981, are assigned to the state investment board.  The transfer shall not diminish any rights granted these employees under chapter 41.06 RCW nor exempt the employees from any action which may occur thereafter in accordance with chapter 41.06 RCW.

    All existing contracts and obligations pertaining to the functions transferred to the state investment board in this 1980 act shall remain in full force and effect, and shall be performed by the board.  None of the transfers directed by this 1980 act shall affect the validity of any act performed by a state entity or by any official or employee thereof prior to July 1, 1981.

    Sec. 51.  RCW 43.43.832 and 1990 c 3 s 1102 are each amended to read as follows:

    (1) The legislature finds that businesses and organizations providing services to children, developmentally disabled persons, and vulnerable adults need adequate information to determine which employees or licensees to hire or engage.  Therefore, the Washington state patrol criminal identification system may disclose, upon the request of a business or organization as defined in RCW 43.43.830, an applicant's record for convictions of offenses against children or other persons, convictions for crimes relating to financial exploitation, but only if the victim was a vulnerable adult, adjudications of child abuse in a civil action, the issuance of a protection order against the respondent under chapter 74.34 RCW, and disciplinary board final decisions and any subsequent criminal charges associated with the conduct that is the subject of the disciplinary board final decision.  When necessary, applicants may be employed on a conditional basis pending completion of such a background investigation.

    (2) The legislature also finds that the state board of education may request of the Washington state patrol criminal identification system information regarding a certificate applicant's record for convictions under subsection (1) of this section.

    (3) The legislature also finds that law enforcement agencies, the office of the attorney general, prosecuting authorities, and the department of social and health services may request this same information to aid in the investigation and prosecution of child, developmentally disabled person, and vulnerable adult abuse cases and to protect children and adults from further incidents of abuse.

    (4) The legislature further finds that the department of social and health services, when considering persons for state positions directly responsible for the care, supervision, or treatment of children, developmentally disabled persons, or vulnerable adults or when licensing or authorizing such persons or agencies pursuant to its authority under chapter 74.15, 18.51, 18.20, or 72.23 RCW, or any later-enacted statute which purpose is to license or regulate a facility which handles vulnerable adults, must consider the information listed in subsection (1) of this section.  However, when necessary, persons may be employed on a conditional basis pending completion of the background investigation.  The ((state)) Washington personnel resources board shall adopt rules to accomplish the purposes of this subsection as it applies to state employees.

    Sec. 52.  RCW 43.60A.906 and 1975-'76 2nd ex.s. c 115 s 16 are each amended to read as follows:

    Nothing contained in this chapter shall be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until any such agreement has expired or until any such bargaining unit has been modified by action of the Washington personnel resources board as provided by law.

    Sec. 53.  RCW 43.105.052 and 1992 c 20 s 10 are each amended to read as follows:

    The department shall:

    (1) Perform all duties and responsibilities the board delegates to the department, including but not limited to:

    (a) The review of agency acquisition plans and requests; and

    (b) Implementation of state-wide and interagency policies, standards, and guidelines;

    (2) Make available information services to state agencies and local governments on a full cost-recovery basis.  These services may include, but are not limited to:

    (a) Telecommunications services for voice, data, and video;

    (b) Mainframe computing services;

    (c) Support for departmental and microcomputer evaluation, installation, and use;

    (d) Equipment acquisition assistance, including leasing, brokering, and establishing master contracts;

    (e) Facilities management services for information technology equipment, equipment repair, and maintenance service;

    (f) Negotiation with local cable companies and local governments to provide for connection to local cable services to allow for access to these public and educational channels in the state;

    (g) Office automation services;

    (h) System development services; and

    (i) Training.

    These services are for discretionary use by customers and customers may elect other alternatives for service if those alternatives are more cost-effective or provide better service.  Agencies may be required to use the backbone network portions of the telecommunications services during an initial start-up period not to exceed three years;

    (3) Establish rates and fees for services provided by the department to assure that the services component of the department is self-supporting.  A billing rate plan shall be developed for a two-year period to coincide with the budgeting process.  The rate plan shall be subject to review at least annually by the customer oversight committees.  The rate plan shall show the proposed rates by each cost center and will show the components of the rate structure as mutually determined by the department and the customer oversight committees.  The same rate structure will apply to all user agencies of each cost center.  The rate plan and any adjustments to rates shall be approved by the office of financial management.  The services component shall not subsidize the operations of the planning component;

    (4) With the advice of the information services board and agencies, develop a state strategic information technology plan and performance reports as required under RCW 43.105.160;

    (5) Develop plans for the department's achievement of state-wide goals and objectives set forth in the state strategic information technology plan required under RCW 43.105.160.  These plans shall address such services as telecommunications, central and distributed computing, local area networks, office automation, and end user computing.  The department shall seek the advice of customer oversight committees and the board in the development of these plans;

    (6) Under direction of the information services board and in collaboration with the department of personnel, ((the higher education personnel board,)) and other agencies as may be appropriate, develop training plans and coordinate training programs that are responsive to the needs of agencies;

    (7) Identify opportunities for the effective use of information services and coordinate appropriate responses to those opportunities;

    (8) Assess agencies' projects, acquisitions, plans, or overall information processing performance as requested by the board, agencies, the director of financial management, or the legislature.  Agencies may be required to reimburse the department for agency-requested reviews;

    (9) Develop planning, budgeting, and expenditure reporting requirements, in conjunction with the office of financial management, for agencies to follow;

    (10) Assist the office of financial management with budgetary and policy review of agency plans for information services;

    (11) Provide staff support from the planning component to the board for:

    (a) Meeting preparation, notices, and minutes;

    (b) Promulgation of policies, standards, and guidelines adopted by the board;

    (c) Supervision of studies and reports requested by the board;

    (d) Conducting reviews and assessments as directed by the board;

    (12) Be the lead agency in coordinating video telecommunications services for all state agencies and develop, pursuant to board policies, standards and common specifications for leased and purchased telecommunications equipment.  The department shall not evaluate the merits of school curriculum, higher education course offerings, or other education and training programs proposed for transmission and/or reception using video telecommunications resources.  Nothing in this section shall abrogate or abridge the legal responsibilities of licensees of telecommunications facilities as licensed by the federal communication commission on March 27, 1990; and

    (13) Perform all other matters and things necessary to carry out the purposes and provisions of this chapter.

    Sec. 54.  RCW 43.131.090 and 1983 1st ex.s. c 27 s 4 are each amended to read as follows:

    Unless the legislature specifies a shorter period of time, a terminated state agency shall continue in existence until June 30th of the next succeeding year for the purpose of concluding its affairs:  PROVIDED, That the powers and authority of the state agency shall not be reduced or otherwise limited during this period.  Unless otherwise provided:

    (1) All employees of terminated state agencies classified under chapter 41.06 RCW, the state civil service law, shall be transferred as appropriate or as otherwise provided in the procedures adopted by the Washington personnel resources board pursuant to RCW 41.06.150;

    (2) All documents and papers, equipment, or other tangible property in the possession of the terminated state agency shall be delivered to the custody of the agency assuming the responsibilities of the terminated agency or if such responsibilities have been eliminated, documents and papers shall be delivered to the state archivist and equipment or other tangible property to the department of general administration;

    (3) All funds held by, or other moneys due to, the terminated state agency shall revert to the fund from which they were appropriated, or if that fund is abolished to the general fund;

    (4) Notwithstanding the provisions of RCW 34.05.020, all rules made by a terminated state agency shall be repealed, without further action by the state agency, at the end of the period provided in this section, unless assumed and reaffirmed by the agency assuming the related legal responsibilities of the terminated state agency;

    (5) All contractual rights and duties of a state agency shall be assigned or delegated to the agency assuming the responsibilities of the terminated state agency, or if there is none to such agency as the governor shall direct.

    Sec. 55.  RCW 48.03.060 and 1981 c 339 s 2 are each amended to read as follows:

    (1) Examinations within this state of any insurer domiciled or having its home offices in this state, other than a title insurer, made by the commissioner or ((his)) the commissioner's examiners and employees shall, except as to fees, mileage, and expense incurred as to witnesses, be at the expense of the state.

    (2) Every other examination, whatsoever, or any part of the examination of any person domiciled or having its home offices in this state requiring travel and services outside this state, shall be made by the commissioner or by examiners designated by him and shall be at the expense of the person examined; but a domestic insurer shall not be liable for the compensation of examiners employed by the commissioner for such services outside this state.

    (3) The person examined and liable therefor shall reimburse the state upon presentation of an itemized statement thereof, for the actual travel expenses of the commissioner's examiners, their reasonable living expense allowance, and their per diem compensation, including salary and the employer's cost of employee benefits, at a reasonable rate approved by the commissioner, incurred on account of the examination.  Per diem salary and expenses for employees examining insurers domiciled outside the state of Washington shall be established by the commissioner on the basis of the National Association of Insurance Commissioner's recommended salary and expense schedule for zone examiners, or the salary schedule established by the ((state)) Washington personnel resources board and the expense schedule established by the office of financial management, whichever is higher.  Domestic title insurer shall pay the examination expense and costs to the commissioner as itemized and billed by ((him)) the commissioner.

    The commissioner or ((his)) the commissioner's examiners shall not receive or accept any additional emolument on account of any examination.

    Sec. 56.  RCW 49.46.010 and 1989 c 1 s 1 are each amended to read as follows:

    As used in this chapter:

    (1) "Director" means the director of labor and industries;

    (2) "Wage" means compensation due to an employee by reason of employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by ((regulations)) rules of the director;

    (3) "Employ" includes to permit to work;

    (4) "Employer" includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee;

    (5) "Employee" includes any individual employed by an employer but shall not include:

    (a) Any individual (i) employed as a hand harvest laborer and paid on a piece rate basis in an operation which has been, and is generally and customarily recognized as having been, paid on a piece rate basis in the region of employment; (ii) who commutes daily from his or her permanent residence to the farm on which he or she is employed; and (iii) who has been employed in agriculture less than thirteen weeks during the preceding calendar year;

    (b) Any individual employed in casual labor in or about a private home, unless performed in the course of the employer's trade, business, or profession;

    (c) Any individual employed in a bona fide executive, administrative, or professional capacity or in the capacity of outside salesman as those terms are defined and delimited by ((regulations)) rules of the director.  However, those terms shall be defined and delimited by the ((state)) Washington personnel resources board pursuant to chapter 41.06 RCW ((and the higher education personnel board pursuant to chapter 28B.16 RCW for employees employed under their respective jurisdictions));

    (d) Any individual engaged in the activities of an educational, charitable, religious, state or local governmental body or agency, or nonprofit organization where the employer-employee relationship does not in fact exist or where the services are rendered to such organizations gratuitously.  If the individual receives reimbursement in lieu of compensation for normally incurred out-of-pocket expenses or receives a nominal amount of compensation per unit of voluntary service rendered, an employer-employee relationship is deemed not to exist for the purpose of this section or for purposes of membership or qualification in any state, local government or publicly supported retirement system other than that provided under chapter 41.24 RCW;

    (e) Any individual employed full time by any state or local governmental body or agency who provides voluntary services but only with regard to the provision of the voluntary services.  The voluntary services and any compensation therefor shall not affect or add to qualification, entitlement or benefit rights under any state, local government, or publicly supported retirement system other than that provided under chapter 41.24 RCW;

    (f) Any newspaper vendor or carrier;

    (g) Any carrier subject to regulation by Part 1 of the Interstate Commerce Act;

    (h) Any individual engaged in forest protection and fire prevention activities;

    (i) Any individual employed by any charitable institution charged with child care responsibilities engaged primarily in the development of character or citizenship or promoting health or physical fitness or providing or sponsoring recreational opportunities or facilities for young people or members of the armed forces of the United States;

    (j) Any individual whose duties require that he or she reside or sleep at the place of his or her employment or who otherwise spends a substantial portion of his or her work time subject to call, and not engaged in the performance of active duties;

    (k) Any resident, inmate, or patient of a state, county, or municipal correctional, detention, treatment or rehabilitative institution;

    (l) Any individual who holds a public elective or appointive office of the state, any county, city, town, municipal corporation or quasi municipal corporation, political subdivision, or any instrumentality thereof, or any employee of the state legislature;

    (m) All vessel operating crews of the Washington state ferries operated by the department of transportation;

    (n) Any individual employed as a seaman on a vessel other than an American vessel.

    (6) "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed.

    Sec. 57.  RCW 49.74.020 and 1985 c 365 s 9 are each amended to read as follows:

    If the commission reasonably believes that a state agency, an institution of higher education, or the state patrol has failed to comply with an affirmative action rule adopted under RCW ((28B.16.100,)) 41.06.150((,)) or 43.43.340, the commission shall notify the director of the state agency, president of the institution of higher education, or chief of the Washington state patrol of the noncompliance, as well as the director of personnel ((or the director of the higher education personnel board, whichever is appropriate)).  The commission shall give the director of the state agency, president of the institution of higher education, or chief of the Washington state patrol an opportunity to be heard on the failure to comply.

    Sec. 58.  RCW 49.74.030 and 1985 c 365 s 10 are each amended to read as follows:

    The commission in conjunction with the department of personnel((, the higher education personnel board,)) or the state patrol, whichever is appropriate, shall attempt to resolve the noncompliance through conciliation.  If an agreement is reached for the elimination of noncompliance, the agreement shall be reduced to writing and an order shall be issued by the commission setting forth the terms of the agreement.  The noncomplying state agency, institution of higher education, or state patrol shall make a good faith effort to conciliate and make a full commitment to correct the noncompliance with any action that may be necessary to achieve compliance, provided such action is not inconsistent with the rules adopted under RCW ((28B.16.100(20),)) 41.06.150(21)((,)) and 43.43.340(5), whichever is appropriate.

    Sec. 59.  RCW 50.13.060 and 1981 c 177 s 1 are each amended to read as follows:

    (1) Governmental agencies, including law enforcement agencies, prosecuting agencies, and the executive branch, whether state, local, or federal shall have access to information or records deemed private and confidential under this chapter if the information or records are needed by the agency for official purposes and:

    (a) The agency submits an application in writing to the employment security department for the records or information containing a statement of the official purposes for which the information or records are needed and specific identification of the records or information sought from the department; and

    (b) The director, commissioner, chief executive, or other official of the agency has verified the need for the specific information in writing either on the application or on a separate document; and

    (c) The agency requesting access has served a copy of the application for records or information on the individual or employing unit whose records or information are sought and has provided the department with proof of service.  Service shall be made in a manner which conforms to the civil rules for superior court.  The requesting agency shall include with the copy of the application a statement to the effect that the individual or employing unit may contact the public records officer of the employment security department to state any objections to the release of the records or information.  The employment security department shall not act upon the application of the requesting agency until at least five days after service on the concerned individual or employing unit.  The employment security department shall consider any objections raised by the concerned individual or employing unit in deciding whether the requesting agency needs the information or records for official purposes.

    (2) The requirements of subsections (1) and (7) of this section shall not apply to the state legislative branch.  The state legislature shall have access to information or records deemed private and confidential under this chapter, if the legislature or a legislative committee finds that the information or records are necessary and for official purposes.  If the employment security department does not make information or records available as provided in this subsection, the legislature may exercise its authority granted by chapter 44.16 RCW.

    (3) In cases of emergency the governmental agency requesting access shall not be required to formally comply with the provisions of subsection (1) of this section at the time of the request if the procedures required by subsection (1) of this section are complied with by the requesting agency following the receipt of any records or information deemed private and confidential under this chapter.  An emergency is defined as a situation in which irreparable harm or damage could occur if records or information are not released immediately.

    (4) The requirements of subsection (1)(c) of this section shall not apply to governmental agencies where the procedures would frustrate the investigation of possible violations of criminal laws.

    (5) Governmental agencies shall have access to certain records or information, limited to such items as names, addresses, social security numbers, and general information about benefit entitlement or employer information possessed by the department, for comparison purposes with records or information possessed by the requesting agency to detect improper or fraudulent claims, or to determine potential tax liability or employer compliance with registration and licensing requirements.  In those cases the governmental agency shall not be required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) must be satisfied.

    (6) Disclosure to governmental agencies of information or records obtained by the employment security department from the federal government shall be governed by any applicable federal law or any agreement between the federal government and the employment security department where so required by federal law.  When federal law does not apply to the records or information state law shall control.

    (7) The disclosure of any records or information by a governmental agency which has obtained the records or information under this section is prohibited unless the disclosure is directly connected to the official purpose for which the records or information were obtained.

    (8) In conducting periodic salary or fringe benefit studies pursuant to law, the department of personnel ((and the higher education personnel board)) shall have access to records of the employment security department as may be required for such studies.  For such purposes, the requirements of subsection (1)(c) of this section need not apply.

    Sec. 60.  RCW 70.24.300 and 1988 c 206 s 607 are each amended to read as follows:

    The ((state)) Washington personnel resources board((, the higher education personnel board,)) and each unit of local government shall determine whether any employees under their jurisdiction have a substantial likelihood of exposure in the course of their employment to the human immunodeficiency virus.  If so, the agency or unit of government shall adopt rules requiring appropriate training and education for the employees on the prevention, transmission, and treatment of AIDS.  The rules shall specifically provide for such training and education for law enforcement, correctional, and health care workers.  The ((state)) Washington personnel resources board((, the higher education personnel board,)) and each unit of local government shall work with the office on AIDS under RCW 70.24.250 to develop the educational and training material necessary for employees.

    Sec. 61.  RCW 70.87.120 and 1983 c 123 s 13 are each amended to read as follows:

    (1) The department shall appoint and employ inspectors, as may be necessary to carry out the provisions of this chapter, under the provisions of the rules adopted by the ((state)) Washington personnel resources board in accordance with chapter 41.06 RCW.

    (2) The department shall cause all conveyances to be inspected and tested at least once each year.  Inspectors have the right during reasonable hours to enter into and upon any building or premises in the discharge of their official duties, for the purpose of making any inspection or testing any conveyance contained thereon or therein.  Inspections and tests shall conform with the rules adopted by the department.  The department shall inspect all installations before it issues any initial permit for operation.  Permits shall not be issued until the fees required by this chapter have been paid.

    (3) If inspection shows a conveyance to be in an unsafe condition, the department shall issue an inspection report in writing requiring the repairs or alterations to be made to the conveyance that are necessary to render it safe and may also suspend or revoke a permit pursuant to RCW 70.87.125 or order the operation of a conveyance discontinued pursuant to RCW 70.87.145.

    (4) The department may investigate accidents and alleged or apparent violations of this chapter.

    Sec. 62.  RCW 72.01.210 and 1981 c 136 s 69 are each amended to read as follows:

    The secretary of corrections shall appoint chaplains for the state correctional institutions for convicted felons; and the secretary of social and health services shall appoint chaplains for the correctional institutions for juveniles found delinquent by the juvenile courts; and the secretary of corrections and the secretary of social and health services shall appoint one or more chaplains for other custodial, correctional and mental institutions under their control.  The chaplains so appointed shall have the qualifications and shall be compensated in an amount, as shall hereafter be recommended by the department and approved by the ((state)) Washington personnel resources board.

    Sec. 63.  RCW 72.02.045 and 1988 c 143 s 2 are each amended to read as follows:

    The superintendent of each institution has the powers, duties, and responsibilities specified in this section.

    (1) Subject to the rules of the department, the superintendent is responsible for the supervision and management of the institution, the grounds and buildings, the subordinate officers and employees, and the prisoners committed, admitted, or transferred to the institution.

    (2) Subject to the rules of the department and the director of the division of prisons or his or her designee and the ((state)) Washington personnel resources board, the superintendent shall appoint all subordinate officers and employees.

    (3) The superintendent shall be the custodian of all funds and valuable personal property of convicted persons as may be in their possession upon admission to the institution, or which may be sent or brought in to such persons, or earned by them while in custody, or which shall be forwarded to the superintendent on behalf of convicted persons.  All such funds shall be deposited in the personal account of the convicted person and the superintendent shall have authority to disburse moneys from such person's personal account for the personal and incidental needs of the convicted person as may be deemed reasonably necessary.  When convicted persons are released from the confines of the institution either on parole, transfer, or discharge, all funds and valuable personal property in the possession of the superintendent belonging to such convicted persons shall be delivered to them.  In no case shall the state of Washington, or any state officer, including state elected officials, employees, or volunteers, be liable for the loss of such personal property, except upon a showing that the loss was occasioned by the intentional act, gross negligence, or negligence of the officer, official, employee, or volunteer, and that the actions or omissions occurred while the person was performing, or in good faith purporting to perform, his or her official duties.  Recovery of damages for loss of personal property while in the custody of the superintendent under this subsection shall be limited to the lesser of the market value of the item lost at the time of the loss, or the original purchase price of the item or, in the case of hand-made goods, the materials used in fabricating the item.

    (4) The superintendent, subject to the approval of the director of the division of prisons and the secretary, shall make, amend, and repeal rules for the administration, supervision, discipline, and security of the institution.

    (5) When in the superintendent's opinion an emergency exists, the superintendent may promulgate temporary rules for the governance of the institution, which shall remain in effect until terminated by the director of the division of prisons or the secretary.

    (6) The superintendent shall perform such other duties as may be prescribed.

    Sec. 64.  RCW 72.09.220 and 1981 c 136 s 33 are each amended to read as follows:

    Nothing contained in sections 1 through 13 and 16 through 23 of this act may be construed to downgrade any rights of any employee under any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the Washington personnel resources board as provided by law.

    Sec. 65.  RCW 72.19.050 and 1979 c 141 s 226 are each amended to read as follows:

    The superintendent shall have the following powers, duties and responsibilities:

    (1) Subject to the rules ((and regulations)) of the department, the superintendent shall have the supervision and management of the institution, of the grounds and buildings, the subordinate officers and employees, and of the juveniles received at such institution and the custody of such persons until released or transferred as provided by law.

    (2) Subject to the rules ((and regulations)) of the department and the ((state)) Washington personnel resources board, appoint all subordinate officers and employees.

    (3) The superintendent shall be the custodian of the personal property of all juveniles in the institution and shall make rules ((and regulations)) governing the accounting and disposition of all moneys received by such juveniles, not inconsistent with the law, and subject to the approval of the secretary.

    Sec. 66.  RCW 74.09.150 and 1959 c 26 s 74.09.150 are each amended to read as follows:

    All personnel employed in the administration of the medical care program shall be covered by the existing merit system under the ((state)) Washington personnel resources board ((or its successor)).

    Sec. 67.  RCW 88.46.927 and 1991 c 200 s 436 are each amended to read as follows:

    Nothing contained in RCW 88.46.921 through 88.46.926 may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the Washington personnel resources board as provided by law.

NEW SECTION. Sec. 68.  The following acts or parts of acts are each repealed:

(1) RCW 28B.16.010 and 1969 ex.s. c 36 s 1;

(2) RCW 28B.16.020 and 1985 c 461 s 8, 1985 c 365 s 2, 1983 1st ex.s. c 75 s 1, 1982 1st ex.s. c 53 s 14, 1977 ex.s. c 169 s 41, & 1969 ex.s. c 36 s 2;

(3) RCW 28B.16.030 and 1969 ex.s. c 36 s 3;

(4) RCW 28B.16.040 and 1990 c 60 s 201, 1982 1st ex.s. c 53 s 15, 1977 ex.s. c 94 s 1, & 1969 ex.s. c 36 s 4;

(5) RCW 28B.16.041 and 1985 c 442 s 9;

(6) RCW 28B.16.042 and 1985 c 266 s 1;

(7) RCW 28B.16.043 and 1991 c 238 s 107;

(8) RCW 28B.16.060 and 1984 c 287 s 63, 1981 c 338 s 19, 1975-'76 2nd ex.s. c 34 s 73, & 1969 ex.s. c 36 s 6;

(9) RCW 28B.16.070 and 1983 c 23 s 1 & 1969 ex.s. c 36 s 7;

(10) RCW 28B.16.080 and 1969 ex.s. c 36 s 8;

(11) RCW 28B.16.090 and 1969 ex.s. c 36 s 9;

(12) RCW 28B.16.100 and 1990 c 60 s 202;

(13) RCW 28B.16.101 and 1982 1st ex.s. c 53 s 19 & 1977 ex.s. c 152 s 9;

(14) RCW 28B.16.105 and 1985 c 461 s 10, 1982 1st ex.s. c 53 s 17, & 1977 ex.s. c 152 s 13;

(15) RCW 28B.16.110 and 1985 c 94 s 1, 1980 c 11 s 3, 1979 c 151 s 16, 1977 ex.s. c 152 s 10, 1975 1st ex.s. c 122 s 2, & 1969 ex.s. c 36 s 11;

(16) RCW 28B.16.112 and 1987 c 185 s 3, 1986 c 158 s 4, 1979 c 151 s 17, & 1977 ex.s. c 152 s 11;

(17) RCW 28B.16.113 and 1977 ex.s. c 152 s 12;

(18) RCW 28B.16.116 and 1983 1st ex.s. c 75 s 3;

(19) RCW 28B.16.120 and 1969 ex.s. c 36 s 12;

(20) RCW 28B.16.130 and 1969 ex.s. c 36 s 13;

(21) RCW 28B.16.140 and 1969 ex.s. c 36 s 14;

(22) RCW 28B.16.150 and 1969 ex.s. c 36 s 15;

(23) RCW 28B.16.160 and 1988 c 202 s 27, 1971 c 81 s 72, & 1969 ex.s. c 36 s 16;

(24) RCW 28B.16.170 and 1969 ex.s. c 36 s 26;

(25) RCW 28B.16.180 and 1973 1st ex.s. c 46 s 3 & 1969 ex.s. c 36 s 17;

(26) RCW 28B.16.190 and 1969 ex.s. c 36 s 19;

(27) RCW 28B.16.210 and 1969 ex.s. c 36 s 29;

(28) RCW 28B.16.220 and 1969 ex.s. c 36 s 31;

(29) RCW 28B.16.230 and 1973 c 62 s 6 & 1969 ex.s. c 215 s 14;

(30) RCW 28B.16.255 and 1985 c 461 s 11;

(31) RCW 28B.16.265 and 1985 c 461 s 12;

(32) RCW 28B.16.275 and 1985 c 461 s 13;

(33) RCW 28B.16.300 and 1990 c 204 s 4;

(34) RCW 28B.16.900 and 1969 ex.s. c 36 s 18;

(35) RCW 28B.16.910 and 1969 ex.s. c 36 s 27;

(36) RCW 28B.16.920 and 1969 ex.s. c 36 s 30; and

(37) RCW 28B.16.930 and 1969 ex.s. c 36 s 28.

NEW SECTION. Sec. 69.  RCW 28B.16.240 is recodified as a new section in chapter 41.06 RCW.

NEW SECTION. Sec. 70.  RCW 41.06.230, 41.06.240, 41.06.310, and 41.64.900 are each decodified.

NEW SECTION. Sec. 71.  (1) The legislature recognizes that the most vital asset of state government is the people who design, manage, and implement its programs and deliver its services.  The quality and effectiveness of state service depends on many factors, including adequate resources, personal dedication, proper training, skilled and sensitive management, and the removal of artificial barriers to personal and organizational success.

    (2) The legislature further recognizes that due to increasing demands on state government requiring new levels of efficiency and effectiveness in service delivery, and the impact of the total system of laws and rules governing recruitment, development, and management of personnel resources in state government, it is imperative to immediately and comprehensively examine all aspects of that system, and make whatever changes are indicated forthwith.

    (3) To that end, there is hereby created a study task force composed of the following members:  Three members of the house of representatives appointed by the speaker of the house of representatives, three members of the senate appointed by the president of the senate, five members appointed by the governor, and one representative from each employee organization that has at least five hundred dues-paying members employed by the state of Washington.  The charge of the task force is to make a comprehensive recommendation to the legislature no later than December 1, 1993, in the form of proposed legislation, regarding the provision of personnel resources in state government.  The task force shall address at least the following issues:

    (a) Overall organization of the personnel resources apparatus in state government:

    (i) Consolidation or decentralization of all personnel services; and

    (ii) The appropriate role and degree of control of the governor, the Washington personnel resources board, agency directors, and other elected officials;

    (b) Efficiency in management and service delivery:

    (i) Identify the principal barriers to, and successes in, effective recruitment, retention, development, and assignment of a quality work force in state service;

    (ii) Analyze the extent to which improvement in these areas is best achieved by changes in civil service reform, or from management and organizational initiatives of the governor, agency directors, employee organizations, employees, and other elected officials; and

    (iii) Develop principles regarding the purchase of services by state government;

    (c) Employee rights and participation:

    (i) Identify areas and issues that are appropriately decided cooperatively between classified employees and management through collective bargaining or otherwise, and those areas that are inherently management prerogatives and responsibilities;

    (ii) Analyze the full range of collective bargaining or other collaborative process issues, and identify those features that are the most effective and equitable, including grievance procedures, bargaining units, representation, union security, negotiations, and unfair labor practices;

    (iii) Analyze the duty of the state to provide job stability and termination rights such as notice for exempt employees and develop a policy of equitable protection for exempt employees; and

    (d) Any other related issue that comes to light during the course of the study may properly be examined.  This list of issues is in no way intended to limit the inquiry and exploration of the task force in its pursuit of its principal charge.

    (4) In developing its recommendation the task force shall draw upon the following resources:

    (a) Full and frequent consultation with particular interest groups, including state employees and their organizations, managers, and directors at all levels of state service, elected officials, and academic and private sector personnel resource specialists;

    (b) The experience of other states, particularly those who have recently made significant changes in this area; and  

    (c) The experience of private sector organizations that are recognized for innovative and effective accomplishment in this field.

    (5) The task force shall meet at least monthly, and shall hold meetings in different regions of the state.  Staff services shall be provided by legislative and governor's office staff.

    (6) This section shall expire December 31, 1993.

NEW SECTION. Sec. 72.  Section 67 of this act shall take effect July 1, 1997.

NEW SECTION. Sec. 73.  Sections 1 through 66 and 68 through 70 of this act are 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 July 1, 1993."

ESHB 2054 - S AMD

By Senators Moore and Gaspard//

    On page 1, line 1 of the title, after "government;" strike the remainder of the title and insert "amending RCW 28B.12.060, 34.05.030, 34.12.020, 41.04.340, 41.04.670, 41.06.030, 41.06.070, 41.06.076, 41.06.079, 41.06.093, 41.06.110, 41.06.130, 41.06.150, 41.06.155, 41.06.160, 41.06.163, 41.06.170, 41.06.186, 41.06.196, 41.06.280, 41.06.340, 41.06.350, 41.06.450, 41.06.475, 41.48.140, 41.50.804, 41.64.090, 42.16.010, 42.17.2401, 43.01.170, 43.03.028, 43.03.305, 43.06.410, 43.06.425, 43.06.430, 43.33A.100, 43.43.832, 43.60A.906, 43.105.052, 43.131.090, 48.03.060, 49.46.010, 49.74.020, 49.74.030, 50.13.060, 70.24.300, 70.87.120, 72.01.210, 72.02.045, 72.09.220, 72.19.050, 74.09.150, and 88.46.927; reenacting and amending RCW 41.06.020; adding new sections to chapter 41.06 RCW; creating new sections; recodifying RCW 28B.16.240; decodifying RCW 41.06.230, 41.06.240, 41.06.310, and 41.64.900; repealing RCW 28B.16.010, 28B.16.020, 28B.16.030, 28B.16.040, 28B.16.041, 28B.16.042, 28B.16.043, 28B.16.060, 28B.16.070, 28B.16.080, 28B.16.090, 28B.16.100, 28B.16.101, 28B.16.105, 28B.16.110, 28B.16.112, 28B.16.113, 28B.16.116, 28B.16.120, 28B.16.130, 28B.16.140, 28B.16.150, 28B.16.160, 28B.16.170, 28B.16.180, 28B.16.190, 28B.16.210, 28B.16.220, 28B.16.230, 28B.16.255, 28B.16.265, 28B.16.275, 28B.16.300, 28B.16.900, 28B.16.910, 28B.16.920, and 28B.16.930; providing effective dates; and declaring an emergency."

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