1268-S AMH BLIN 107 Failed 2-13-02

SHB 1268 - H AMD

By Representative ___

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1.  The legislature finds that there is a significant benefit in providing government services through a competitive system in which both public and private entities participate.  The legislature also finds that updating the state civil service system and improving the system's classification of jobs to more clearly distinguish between management and nonmanagement personnel are needed to bring the system into the twenty-first century.

     It is the intent of the legislature that managed competition be implemented at the discretion of a state agency or institution of higher education as an additional management strategy or tool to maximize the effectiveness and efficiency of government services.

     Sec. 2.  RCW 41.06.020 and 1993 c 281 s 19 are each 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 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) "Business unit" means a team of employees, including supervisors, managers, and knowledgeable employees, who submit a bid under the managed competition process established in section 11 of this act.

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

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

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

     (((6))) (7) "Core service" means the service of an agency or institution of higher education determined to be core services under section 11 of this act.

(8) "Fully allocated cost" for the purposes of managed competition includes all direct personnel costs, materials and supplies, equipment, capital and equipment depreciation costs, rent, maintenance and repairs, utilities, insurance, travel, operations overhead, and general administrative overhead.

(9) "Managed competition" means the process established in section 11 of this act by which state employees compete with private entities for the provision of services, other than core services, traditionally provided by government.

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

     (((7)))(11) "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)))(12) "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)))(13) "Training" means activities designed to develop job-related knowledge and skills of employees.

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

     (((11)))(15) "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)))(16) "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)))(17) "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. 3.  RCW 41.06.030 and 1993 c 281 s 20 are each amended to read as follows:

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

     Sec. 4.  RCW 41.06.070 and 1998 c 245 s 40 are each amended to read as follows:

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

     (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, joint legislative audit and review committee, statute law committee, and any interim committee of the legislature;

     (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;

     (c) Officers, academic personnel, and employees of technical colleges;

     (d) The officers of the Washington state patrol;

     (e) Elective officers of the state;

     (f) The chief executive officer of each agency;

     (g) In the departments of employment security and social and health services, the director and 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;

     (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:

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

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

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

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

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

     (j) Assistant attorneys general;

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

     (l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board;

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

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

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

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

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

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

     (s) Officers and employees of any commission formed under chapter 15.66 RCW;

     (t) ((Officers and employees of the state wheat commission formed under chapter 15.63 RCW;

     (u))) Officers and employees of agricultural commissions formed under chapter 15.65 RCW;

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

     (((w))) (v) 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;

     (((x))) (w) 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;

     (((y))) (x) All employees of the marine employees' commission;

     (((z) 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 (1)(z) shall expire on June 30, 1997;

     (aa))) (y) Staff employed by the department of community, trade, and economic development to administer energy policy functions and manage energy site evaluation council activities under RCW 43.21F.045(2)(m);

     (((bb))) (z) Staff employed by Washington State University to administer energy education, applied research, and technology transfer programs under RCW 43.21F.045 as provided in RCW 28B.30.900(5).

     (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; principal assistants to executive heads of major administrative or academic divisions; other managerial or professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources and program results, or for the formulation of institutional policy, or for carrying out personnel administration or labor relations functions, legislative relations, public information, development, senior computer systems and network programming, or internal audits and investigations; 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 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))) (c) 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 ((Washington personnel resources board)) director of personnel 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)) director of personnel stating the reasons for requesting such exemptions.  The ((Washington personnel resources board)) director of personnel shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection.  If the ((board)) director of personnel 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)) director of personnel 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 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 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 subsections (1)(j) through (((v), (y), (z),)) (u) and (x) and (2) of this section, shall be determined by the ((Washington personnel resources board)) director of personnel.  However, beginning with changes proposed for the 1997-99 fiscal biennium, changes to the classification plan affecting exempt salaries must meet the same provisions for classified salary increases resulting from adjustments to the classification plan as outlined in RCW 41.06.152.

     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. 5.  RCW 41.06.110 and 1993 c 281 s 25 are each amended to read as follows:

     (1) There is hereby created a Washington personnel resources board composed of three members appointed by the governor, subject to confirmation by the senate.  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 chair and 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. 6.  RCW 41.06.150 and 1999 c 297 s 3 are each amended to read as follows:

     The ((board)) director 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 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 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) Collective bargaining, including:

(a) Determination of appropriate bargaining units within any agency((:  PROVIDED, That)).  In making such determination the ((board)) director 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.  Employees who are members of the Washington management service may not be included in a bargaining unit;

     (((12))) (b) Certification and decertification of exclusive bargaining representatives((:  PROVIDED, That)) subject to the following:

(i) 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));

(ii) 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));

(iii) For purposes of this ((clause)) subsection, 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)); and

(iv) 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))) (c)(i) 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, except that collective negotiations are not permitted over wages or wage-related matters, management rights, or an agency's decision to purchase services by contract.  A provision of a collective bargaining agreement that conflicts with a rule adopted under this chapter or a statute is invalid and unenforceable.

(ii) For the purposes of this subsection, "management rights"  includes, in addition to all powers, duties, and rights established by constitutional provision or statute, at least the following:

(A) The functions and programs of the agency, the use of technology, and the structure of the organization;

(B) The agency's budget and the size of the agency work force, including determining the financial basis for layoffs;

(C) The right to direct and supervise employees; and

(D) The right to take whatever actions are deemed necessary to carry out the mission of the state and its agencies during emergencies;

     (((14))) (d) Authorization for written agreements ((may)) to 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));

(e) Nothing contained ((herein)) in this chapter permits or grants to any employee the right to strike or refuse to perform his or her official duties;

     (((15))) (12) 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.

     (a) The ((board)) director shall not adopt job classification revisions or class studies unless implementation of the proposed revision or study will result in net cost savings, increased efficiencies, or improved management of personnel or services, and the proposed revision or study has been approved by the director of financial management in accordance with chapter 43.88 RCW.

     (b) Beginning July 1, 1995, through June 30, 1997, in addition to the requirements of (a) of this subsection:

     (i) The board may approve the implementation of salary increases resulting from adjustments to the classification plan during the 1995-97 fiscal biennium only if:

     (A) The implementation will not result in additional net costs and the proposed implementation has been approved by the director of financial management in accordance with chapter 43.88 RCW;

     (B) The implementation will take effect on July 1, 1996, and the total net cost of all such actions approved by the board for implementation during the 1995-97 fiscal biennium does not exceed the amounts specified by the legislature specifically for this purpose; or

     (C) The implementation is a result of emergent conditions.  Emergent conditions are defined as emergency situations requiring the establishment of positions necessary for the preservation of the public health, safety, or general welfare, which do not exceed $250,000 of the moneys identified in section 718(2), chapter 18, Laws of 1995 2nd sp. sess.

     (ii) The board shall approve only those salary increases resulting from adjustments to the classification plan if they are due to documented recruitment and retention difficulties, salary compression or inversion, increased duties and responsibilities, or inequities.  For these purposes, inequities are defined as similar work assigned to different job classes with a salary disparity greater than 7.5 percent.

     (iii) Adjustments made to the higher education hospital special pay plan are exempt from (b)(i) ((through)) and (ii) of this subsection.

     (c) Reclassifications, class studies, and salary adjustments to be implemented during the 1997-99 and subsequent fiscal biennia are governed by (a) of this subsection and RCW 41.06.152;

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

     (((17))) (14) 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))) (15) 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))) (16) Optional lump sum relocation compensation approved by the agency director, whenever it is reasonably necessary that a person make a domiciliary move in accepting a transfer or other employment with the state.  An agency must provide lump sum compensation within existing resources.  If the person receiving the relocation payment terminates or causes termination with the state, for reasons other than layoff, disability separation, or other good cause as determined by an agency director, within one year of the date of the employment, the state is entitled to reimbursement of the lump sum compensation from the person;

     (((20))) (17) 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 surviving spouses by giving such eligible veterans and their surviving spouses additional credit in computing their seniority by adding to their unbroken state service, as defined by the ((board)) director, 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 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;

     (((21))) (18) 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)) director may not authorize such delegation to any position lower than the head of a major subdivision of the agency;

     (((22))) (19) Assuring persons who are or have been employed in classified positions before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;

     (((23))) (20) 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)) director 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. 7.  RCW 41.06.152 and 1999 c 309 s 914 are each amended to read as follows:

      (1) The board shall adopt only those job classification revisions, class studies, and salary adjustments under RCW 41.06.150(((15)))(12) that:

     (a) Are due to documented recruitment and retention difficulties, salary compression or inversion, increased duties and responsibilities, or inequities.  For these purposes, inequities are defined as similar work assigned to different job classes with a salary disparity greater than 7.5 percent; and

     (b) Are such that the office of financial management has reviewed the agency's fiscal impact statement and has concurred that the agency can absorb the biennialized cost of the reclassification, class study, or salary adjustment within the agency's current authorized level of funding for the current fiscal biennium and subsequent fiscal biennia.

     (2) In addition to reclassifications, class studies, and salary adjustments under subsection (1)(b) of this section, the board may approve other reclassifications, class studies, and salary adjustments that meet the requirements of subsection (1)(a) of this section and have been approved under the procedures established under this subsection.

     Before the department of personnel's biennial budget request is due to the office of financial management, the board shall prioritize requests for reclassifications, class studies, and salary adjustments for the next fiscal biennium.  The board shall prioritize according to such criteria as are developed by the board consistent with RCW 41.06.150(((15)))(12)(a).

     The board shall submit the prioritized list to the governor's office and the fiscal committees of the house of representatives and senate at the same time the department of personnel's biennial budget request is submitted.  The office of financial management shall review the biennial cost of each proposed salary adjustment on the board's prioritized list.

     In the biennial appropriations acts, the legislature may establish a level of funding, from the state general fund and other accounts, to be applied by the board to the prioritized list.  Upon enactment of the appropriations act, the board may approve reclassifications, class studies, and salary adjustments only to the extent that the total cost does not exceed the level of funding established in the appropriations acts and the board's actions are consistent with the priorities established in the list.  The legislature may also specify or otherwise limit in the appropriations act the implementation dates for actions approved by the board under this section.

     (3) When the board develops its priority list in the 1999-2001 biennium, for increases proposed for funding in the 2001-2003 biennium, the board shall give top priority to proposed increases to address documented recruitment and retention increases, and shall give lowest priority to proposed increases to recognize increased duties and responsibilities.  When the board submits its prioritized list for the 2001-2003 biennium, the board shall also provide:  A comparison of any differences between the salary increases recommended by the department of personnel staff and those adopted by the board; a review of any salary compression, inversion, or inequities that would result from implementing a recommended increase; and a complete description of the information relied upon by the board in adopting its proposals and priorities.

     (4) This section does not apply to the higher education hospital special pay plan or to any adjustments to the classification plan under RCW 41.06.150(((15)))(12) that are due to emergent conditions.  Emergent conditions are defined as emergency conditions requiring the establishment of positions necessary for the preservation of the public health, safety, or general welfare.

     Sec. 8.  RCW 41.06.160 and 1993 c 281 s 29 are each amended to read as follows:

(1) 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, 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 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)) use an appropriate mix of data gathered from surveys conducted by the department and from surveys conducted by other entities to determine the rate paid to the majority of workers.  The majority rate results shall be ((completed and)) forwarded by September ((30)) 30th of each even-numbered year 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)) The information shall also be forwarded 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 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;

     (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.))

(2) 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. 9.  RCW 41.06.167 and 1991 c 196 s 1 are each amended to read as follows:

     The department of personnel shall undertake comprehensive compensation surveys for officers and entry-level officer candidates of the Washington state patrol, 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 compensation survey is not conducted, the department shall conduct a trend compensation survey.  This survey shall measure average compensation movement which has occurred since the last comprehensive compensation survey was conducted.  The results of each comprehensive and trend survey shall be completed and forwarded by September 30th, after review and preparation of recommendations by the chief of the Washington state patrol, 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 legislative transportation committee and the standing committees for appropriations of the senate and house of representatives.  The office of financial management shall analyze the survey results and conduct investigations which may be necessary to arbitrate differences between interested parties regarding the accuracy of collected survey data and the use of such data for salary adjustment.

     Surveys conducted by the department of personnel for the Washington state patrol shall be undertaken in a manner consistent with statistically accurate sampling techniques, including comparisons of medians, base ranges, and weighted averages of salaries.  The surveys shall compare competitive labor markets of law enforcement officers.  This service performed by the department of personnel shall be on a reimbursable basis in accordance with the provisions of RCW 41.06.080.

     A comprehensive compensation survey plan and the recommendations of the chief of the Washington state patrol shall be submitted jointly by the department of personnel and the Washington state patrol to the director of financial management, the legislative transportation committee, the committee on ways and means of the senate, and the committee on appropriations of the house of representatives six months before the beginning of each periodic survey.))

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

     (1) Any agency or institution of higher education may purchase services by contracting with individuals, nonprofit organizations, businesses, or other entities under the managed competition process established in section 11 of this act if:

     (a) The service being contracted for is not a core service of the agency or institution of higher education;

     (b) At least two private entities exist that provide the service being contracted for or at least two competitive bids for the service have been made by private entities to the state agency or institution of higher education; and

     (c) The contract includes a provision directing a private entity that is awarded the contract to consider offering employment to state  employees to perform the services under such a contract.

     (2) The board shall adopt rules providing procedures for the department of personnel to assist a state employee to pursue another position in state service if awarding a contract to a private entity directly results in displacement of the employee.

     (3) Any provision contrary to or in conflict with this section in any collective bargaining agreement in effect on the effective date of this section is not effective beyond the expiration date of the agreement.

     (4) This section and section 11 of this act do not apply to the purchase of services or to any contracting for services that was authorized by law prior to the effective date of this section.

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

     (1)  Beginning with the budget submitted to the legislature for consideration during the 2003 regular legislative session, the governor shall include with the submittal a list of proposed core services for each agency and institution of higher education.  In proposing core services, the head of the agency or institution must consider whether the public interest in having the service performed directly by state government outweighs the potential economic advantage of contracting for the service with a private entity.  In assessing the public interest, the head of an agency or institution shall take into account:

     (a) The consequences and potential mitigation of improper or failed performance by the contractor; and

     (b) Whether performance of the contract involves the improper delegation of a policy-making function.

     (2)  The legislature may accept, reject, or modify the list of core services.  If the legislature adopts by resolution a list of core services for any agency or institution of higher education, the agency or institution may develop a plan for implementing managed competition for some or all of the non-core services.  The plan must be developed in consultation with the agency's or institution's joint employee-management committee under RCW 41.06.540.

     (3) To implement managed competition for contracting for non-core services, an agency or institution of higher education must:

     (a) Have a managed competition implementation plan approved by the office of financial management;

     (b) Solicit bids or requests for proposals from private entities and business units of affected employees.  At a minimum, the solicitation must include:

     (i) Eligibility requirements and minimum qualifications of bidders;

     (ii) Project scope of work, including expected outcomes and performance standards;

     (iii) The term of the contract, but not longer than two years;

     (iv) The maximum cost for the contract; and

     (v) The bid evaluation process and evaluation criteria; and

     (c) Give notice to potentially affected employees as follows:

     (i) Employees must be notified at least ninety days prior to soliciting bids or proposals; and

     (ii) If, within thirty days of receiving the notice, a group of employees informs the agency head of their desire to submit a bid through one or more business units established for the sole purpose of providing the services that are the subject of the request for bids, the agency head shall notify the office of financial management.  The office of financial management shall provide the business unit or units with training on the bidding process within two weeks of notice and shall, if requested, provide adequate technical assistance in preparing a bid.

     (4) The director of the office of financial management shall adopt rules to regarding procedures for managed competition.  The rules shall include, but not be limited to:

     (a) Requirements for soliciting bids or requests for proposals, including bidder eligibility and qualification requirements, scope of work, plans for management of the contract, methods of cost analysis, and performance standards addressing outcomes, service level, cost monitoring;

     (b) Procedures for business units to suggest efficiencies through reengineering and/or organizational and management changes as part of a bid proposal;

     (c) Processes for ensuring an objective and fair bid evaluation, including:

     (i) Requiring business units to be subject to the same bidding requirements as private parties bidding on the contract, and prohibiting an award of a contract to a business unit unless the unit received no advantage over other bidders;

     (ii) Comparing costs of bids, including a method for determining the fully allocated cost of a business unit.  A business unit's bid price may not be less than its attributable fully allocated costs for performing the services. In comparing bid costs, costs must include transition costs and contract monitoring costs;

     (iii) Prohibiting participation in a business unit's bid by any personnel who assisted in preparing a business unit's bid or who work in a business unit that has within its scope of responsibility the provision of any of the services to be contracted for; and

     (iv) Providing a reasonable opportunity for private businesses and other business units to comment regarding the evaluation process and  requiring consideration of these comments in making the final contract award;

     (d) Performance guarantees for the winning bid, ensuring that the same terms, conditions, financial penalties, and performance measurements apply to both private entities and business units.  Standards must include, at a minimum, outcomes, service level, and cost monitoring;

     (e) Evaluation of and termination procedures for contracts awarded, including:

     (i) Procedures for initiating cancellation of a contract if, in any financial quarter during the term of the contract, the contractor's or business unit's cost attributable to the service provided under the contract exceeds the contract price for that period;

     (ii) Requirements for monitoring contract performance monthly and initiating corrective action if the service delivery does not meet the performance standards and, if deficiencies are not corrected within sixty days of notice being given, requirements for the agency or institution of higher education to initiate cancellation of the contract; and

     (iii) Procedures for issuing new requests for bids for the service provided under a contract that has been cancelled;

     (f) Procedures for assessing the contractor or a business unit to provide surety for either or both:

     (i)  The cost overruns identified for each financial quarter of the contract; and

     (ii) The cost associated with the agency's or institution of higher education's need to mitigate a failure to meet the performance standards required by the contract;

     (g) Requirements for sanctions, including prohibiting bids from contractors or business units for at least one contract round following cancellation of a contract with the contractor or business unit; and

     (h) Procedures for crediting the agency's savings incentive account under RCW 43.79.460 with savings attributable to implementing a managed competition plan.

     (5) The joint legislative audit and review committee shall undertake a cost-benefit analysis of agencies' and institutions of higher education's implementation of managed competition plans, and the contracts for non-core services entered into pursuant to the plans, and report to the governor and the appropriate committees of the legislature by December 1 of each even-numbered year.

     (6)  This section does not modify the personal liability of a state employee who is performing his or her official duties.

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

     The performance accountability account is created in the custody of the state treasury.  All receipts from assessments made under rules adopted under section 11 of this act against business units as surety for contract cost overruns or cost of mitigating performance deficiencies shall be deposited into the account and may be expended only for recovery of such costs upon request of the head of the agency or institution of higher education.   Only the director of the office of financial management may authorize expenditures from the fund.  The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

     Sec. 13.  RCW 41.06.170 and 1993 c 281 s 31 are each amended to read as follows:

     (1) The ((board or)) director, in the adoption of rules 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. 

     (2) Any employee who is reduced, dismissed, suspended, or demoted, after completing his or her probationary period of service as provided by the rules of the ((board)) director, or any employee who is adversely affected by a violation of the state civil service law, chapter 41.06 RCW, or rules 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 to the personnel appeals board.  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 to the personnel appeals board.

     (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. 14.  RCW 41.06.170 and 2002 c . . . s 10 (section 13 of this act) are each amended to read as follows:

     (1) The director, in the adoption of rules 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 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.

     (2) Any employee who is reduced, dismissed, suspended, or demoted, after completing his or her probationary period of service as provided by the rules of the director, or any employee who is adversely affected by a violation of the state civil service law, chapter 41.06 RCW, or rules adopted under it, shall have the right to appeal, either individually or through the employee's authorized representative, not later than thirty days after the effective date of such action to the Washington personnel ((appeals)) resources board.  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.  The board shall furnish the agency concerned with a copy of the appeal in advance of the hearing.  The board or hearings officer will process an appeal, or a review of a hearings officer's recommended decision, if any, as quickly as is feasible to provide prompt resolution of the appeal.

     (3) Any employee whose position has been exempted after July 1, 1993, shall have the right to appeal, either individually or through the employee's authorized representative, not later than thirty days after the effective date of such action to the Washington personnel ((appeals)) resources board.

     (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 Washington personnel ((appeals)) resources board.  Notice of such appeal must be filed in writing within thirty days of the action from which appeal is taken.

(5) The board may consolidate two or more appeals when the cases present issues appropriate for joint resolution.

(6)  A decision of the Washington personnel resources board under subsection (3) or (4) of this section is final and not subject to appeal.

NEW SECTION. Sec. 15.  A new section is added to chapter 41.06 RCW to read as follows:

     (1) The board may appoint, following consultation with employee organizations and employing agencies, one or more hearings officers to conduct hearings and make recommended decisions in accordance with rules adopted by the board.  The hearings officer shall conduct hearings in the same manner and shall have the same authority as provided in hearings by the board.  The recommended decision must be forthwith served upon the parties and transmitted to the board.

     (2)(a) Within thirty days of service of the recommended decision of a hearings officer, any party adversely affected may request the board to review the recommended decision.  The request for review must include a statement of the issues to which the party takes exception.  The board's review is limited to the stated issues and the requesting party is deemed to have waived all objections or irregularities not specifically stated in the request.  The requesting party must provide written argument in support of the exceptions and may, at the discretion of the board, provide oral argument.  The board's decision is subject to section 17 of this act.

     (b) If a request for review of a hearings officer's decision is not filed as required by this section, the recommended decision of the hearings officer shall be adopted by the board as the board's decision.

NEW SECTION. Sec. 16.  A new section is added to chapter 41.06 RCW to read as follows:

     (1) Hearings on appeals under this chapter shall be open to the public, except for cases in which the board determines there is substantial reason for not having an open hearing or in cases where the employee so requests, and shall be informal with technical rules of evidence not applying to the proceedings except the rules of privilege recognized by law.  Both the employee and his or her employing agency shall be notified reasonably in advance of the hearing and may select representatives of their choosing, present and cross‑examine witnesses, and give evidence before the board.

     (2) Members of the board or the executive secretary may, and shall at the request of either party, issue subpoenas and subpoenas duces tecum.  All testimony shall be on oath administered by a member of the board.  The board shall certify to the superior court the facts of any refusals to obey a subpoena, take the oath, or testify.  The court shall summarily hear the evidence on the refusal and, if the evidence warrants, punish the refusal in the same manner and to the same extent as for contempt committed before, or in connection with the proceedings of, the court.

     (3) The board shall prepare an official record of the hearing, including all testimony, recorded manually or by mechanical device, and exhibits, but the board may not be required to transcribe the record unless requested by the employee, who shall be furnished with a complete transcript upon payment of a reasonable charge.  However, payment of the cost of a transcript used on appeal shall await determination of the appeal and shall be made by the employing agency if the employee prevails.

NEW SECTION. Sec. 17.  A new section is added to chapter 41.06 RCW to read as follows:

     (1) Within sixty days after the conclusion of an appeal hearing under this chapter, the board shall make and fully record in its permanent records the following:  (a) Findings of fact; (b) conclusions of law when the construction of a rule, regulation, or statute is in question; (c) reasons for the action taken; and (d) the board's order based thereon.  The order is final and not appealable to court, except as provided in section 18 of this act.

     (2) The board shall simultaneously send a copy of the findings, conclusions, and order by certified mail to the employing agency and to the employee or the employee's designated representative.

NEW SECTION. Sec. 18.  A new section is added to chapter 41.06 RCW to read as follows:

     (1) Within thirty days after the mailing of a recorded order under section 16 of this act, the employee may appeal a decision and order of the board made under RCW 41.06.170(2) to the superior court of Thurston county on one or more of the grounds that the order was:

     (a) Founded on or contained an error of law, which shall specifically include error in construction or application of any pertinent rules or regulations;

     (b) Contrary to a preponderance of the evidence as disclosed by the entire record with respect to any specified finding or findings of fact;

     (c) Materially affected by unlawful procedure;

     (d) Based on violation of any constitutional provision; or

     (e) Arbitrary or capricious.

     (2) The grounds for appeal shall be stated in a written notice of appeal filed with the court, with copies thereof served on the director of personnel or a member of his or her staff or a member of the board and on the employing agency, all within the time stated.

     (3) Within thirty days after service of a notice of appeal, or within such further time as the court may allow, the board shall transmit to the court a certified transcript, with exhibits, of the hearing; but by stipulation between the employing agency and the employee the transcript may be shortened, and either party unreasonably refusing to stipulate to such limitation may be ordered by the court to pay the additional cost involved.  The court may require or permit subsequent corrections or additions to the transcript.

NEW SECTION. Sec. 19.  A new section is added to chapter 41.06 RCW to read as follows:

     (1) The court shall review the hearing without a jury on the basis of the transcript and exhibits, except that in case of alleged irregularities in procedure before the board not shown by the transcript the court may order testimony to be given thereon.  The court shall upon request by either party hear oral argument and receive written briefs.

     (2) The court may affirm the order of the board, remand the matter for further proceedings before the board, or reverse or modify the order if it finds that the objection thereto is well taken on any of the grounds stated.  Appellate review of the order of the superior court may be sought as in other civil cases.

     Sec. 20.  RCW 41.06.186 and 1993 c 281 s 32 are each amended to read as follows:

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

     Sec. 21.  RCW 41.06.196 and 1993 c 281 s 33 are each amended to read as follows:

     The ((Washington personnel resources board)) director 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. 22.  RCW 41.06.270 and 1979 c 151 s 61 are each amended to read as follows:

     A disbursing officer shall not pay any employee holding a position covered by this chapter unless the employment is in accordance with this chapter or the rules, regulations and orders issued hereunder.  The ((board and the)) directors of personnel and financial management shall jointly establish procedures for the certification of payrolls.

     Sec. 23.  RCW 41.06.350 and 1993 c 281 s 36 are each amended to read as follows:

     The ((Washington personnel resources board)) director 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. 24.  RCW 41.06.400 and 1980 c 118 s 4 are each amended to read as follows:

     (1) In addition to other powers and duties specified in this chapter, the ((board)) director shall, by rule, prescribe the purpose and minimum standards for training and career development programs and, in so doing, regularly consult with and consider the needs of individual agencies and employees.

     (2) In addition to other powers and duties specified in this chapter, the director shall:

     (a) Provide for the evaluation of training and career development programs and plans of agencies ((based on minimum standards established by the board)).  The director shall report the results of such evaluations to the agency which is the subject of the evaluation;

     (b) Provide training and career development programs which may be conducted more efficiently and economically on an interagency basis;

     (c) Promote interagency sharing of resources for training and career development;

     (d) Monitor and review the impact of training and career development programs to ensure that the responsibilities of the state to provide equal employment opportunities are diligently carried out.  ((The director shall report to the board the impact of training and career development programs on the fulfillment of such responsibilities.))

     (3) At an agency's request, the director may provide training and career development programs for an agency's internal use which may be conducted more efficiently and economically by the department of personnel.

     Sec. 25.  RCW 41.06.410 and 1980 c 118 s 5 are each amended to read as follows:

     Each agency subject to the provisions of this chapter shall:

     (1) Prepare an employee training and career development plan which shall at least meet minimum standards established by the ((board)) director.  A copy of such plan shall be submitted to the director for purposes of administering the provisions of RCW 41.06.400(2);

     (2) Provide for training and career development for its employees in accordance with the agency plan;

     (3) Report on its training and career development program operations and costs to the director in accordance with reporting procedures adopted by the ((board)) director;

     (4) Budget for training and career development in accordance with procedures of the office of financial management.

     Sec. 26.  RCW 41.06.450 and 1993 c 281 s 37 are each amended to read as follows:

     (1) ((By January 1, 1983, the Washington personnel resources board)) The director 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)) director 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. 27.  RCW 41.06.475 and 1993 c 281 s 38 are each amended to read as follows:

     The ((Washington personnel resources board)) director 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. 28.  RCW 41.06.490 and 1990 c 204 s 3 are each amended to read as follows:

     (1) In addition to the rules adopted under RCW 41.06.150, the ((board)) director shall adopt rules establishing a state employee return-to-work program.  The program shall, at a minimum:

     (a) Direct each agency to adopt a return-to-work policy.  The program shall allow each agency program to take into consideration the special nature of employment in the agency;

     (b) Provide for eligibility in the return-to-work program, for a minimum of two years from the date the temporary disability commenced, for any permanent employee who is receiving compensation under RCW 51.32.090 and who is, by reason of his or her temporary disability, unable to return to his or her previous work, but who is physically capable of carrying out work of a lighter or modified nature;

     (c) Allow opportunity for return-to-work state-wide when appropriate job classifications are not available in the agency that is the appointing authority at the time of injury;

     (d) Require each agency to name an agency representative responsible for coordinating the return-to-work program of the agency;

     (e) Provide that applicants receiving appointments for classified service receive an explanation of the return-to-work policy;

     (f) Require training of supervisors on implementation of the return-to-work policy, including but not limited to assessment of the appropriateness of the return-to-work job for the employee; and

     (g) Coordinate participation of applicable employee assistance programs, as appropriate.

     (2) The agency full-time equivalents necessary to implement the return-to-work program established under this section shall be used only for the purposes of the return-to-work program and the net increase in full-time equivalents shall be temporary.

     Sec. 29.  RCW 41.06.500 and 1996 c 319 s 4 are each amended 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 RCW 41.06.022.  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))) (14).  The system shall provide flexibility in setting and changing salaries, and shall require review and approval by the director in the case of any salary changes greater than five percent proposed for any group of employees;

     (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.

     Sec. 30.  RCW 41.64.090 and 1993 c 281 s 41 are each amended to read as follows:

     (1) The board shall have jurisdiction to decide appeals filed on or after July 1, 1981, and before July 1, 2003, of employees under the jurisdiction of the 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, and before July 1, 2003, 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. 31.  RCW 28B.12.060 and 1994 c 130 s 6 are each amended to read as follows:

      The higher education coordinating board shall adopt rules 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 shall include provisions designed to make employment under the work-study program reasonably available, to the extent of available funds, to all eligible students in eligible post-secondary institutions in need thereof.  The rules shall include:

     (1) Providing work under the state work-study program that 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 providing:

     (a) Work opportunities for students who are residents of the state of Washington as defined in RCW 28B.15.012 and 28B.15.013 except resident students defined in *RCW 28B.15.012(2)(e);

     (b) Job placements in fields related to each student's academic or vocational pursuits, with an emphasis on off-campus job placements whenever appropriate; and

     (c) Off-campus community service placements;

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

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

     (b) That all positions established which are comparable shall be identified to a job classification under the ((Washington personnel resources board's)) director of personnel'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 unless the overall scope and responsibilities of the position indicate a higher level; and

     (5) Provisions to encourage job placements in occupations that meet Washington's economic development goals, especially those in international trade and international relations.  The board shall permit appropriate job placements in other states and other countries.

     Sec. 32.  RCW 34.05.030 and 1994 c 39 s 1 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 Washington personnel resources board((,)) or 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) The rule-making provisions of this chapter do not apply to reimbursement unit values, fee schedules, arithmetic conversion factors, and similar arithmetic factors used to determine payment rates that apply to goods and services purchased under contract for clients eligible under chapter 74.09 RCW.

     (5) 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. 33.  RCW 34.12.020 and 1995 c 331 s 1 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 growth management hearings boards, the utilities and transportation commission, 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 Washington personnel resources board, the public employment relations commission, ((the personnel appeals board,)) and the board of tax appeals.

     Sec. 34.  RCW 41.04.340 and 1998 c 254 s 1 and 1998 c 116 s 2 are each reenacted and 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 eligible employees of the community and technical colleges and the state board for community and technical colleges identified in RCW 28B.50.553, and 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) 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.

     (5) Except as provided in subsections (7) through (9) of this section for employees not covered by chapter 41.06 RCW, this section shall be administered, and rules shall be adopted to carry out its purposes, by the ((Washington personnel resources board)) director of personnel for persons subject to chapter 41.06 RCW:  PROVIDED, That determination of classes of eligible employees shall be subject to approval by the office of financial management.

     (6) 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.

     (7) In lieu of remuneration for unused sick leave at retirement as provided in subsection (3) of this section, an agency head or designee may with equivalent funds, provide eligible employees with a benefit plan that provides for reimbursement for medical expenses.  This plan shall be implemented only after consultation with affected groups of employees.  For eligible employees covered by chapter 41.06 RCW, procedures for the implementation of these plans shall be adopted by the ((Washington personnel resources board)) director of personnel.  For eligible employees exempt from chapter 41.06 RCW, and classified employees who have opted out of coverage of chapter 41.06 RCW as provided in RCW 41.56.201, implementation procedures shall be adopted by an agency head having jurisdiction over the employees.

     (8) Implementing procedures adopted by the ((Washington personnel resources board)) director of personnel or agency heads shall require that each medical expense plan authorized by subsection (7) of this section apply to all eligible employees in any one of the following groups:  (a) Employees in an agency; (b) employees in a major organizational subdivision of an agency; (c) employees at a major operating location of an agency; (d) exempt employees under the jurisdiction of an elected or appointed Washington state executive; (e) employees of the Washington state senate; (f) employees of the Washington state house of representatives; (g) classified employees in a bargaining unit established by the Washington personnel resources board; or (h) other group of employees defined by an agency head that is not designed to provide an individual-employee choice regarding participation in a medical expense plan.  However, medical expense plans for eligible employees in any of the groups under (a) through (h) of this subsection who are covered by a collective bargaining agreement shall be implemented only by written agreement with the bargaining unit's exclusive representative and a separate medical expense plan may be provided for unrepresented employees.

     (9) Medical expense plans authorized by subsection (7) of this section must require as a condition of participation in the plan that employees in the group affected by the plan sign an agreement with the employer.  The agreement must include a provision to hold the employer harmless should the United States government find that the employer or the employee is in debt to the United States as a result of the employee not paying income taxes due on the equivalent funds placed into the plan, or as a result of the employer not withholding or deducting a tax, assessment, or other payment on the funds as required by federal law.  The agreement must also include a provision that requires an eligible employee to forfeit remuneration under subsection (3) of this section if the employee belongs to a group that has been designated to participate in the medical expense plan permitted under this section and the employee refuses to execute the required agreement.

     Sec. 35.  RCW 41.50.804 and 1993 c 281 s 40 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)) director of personnel as provided by law.

     Sec. 36.  RCW 43.06.425 and 1993 c 281 s 48 are each amended to read as follows:

     The ((Washington personnel resources board)) director of personnel shall 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. 37.  RCW 49.46.010 and 1997 c 203 s 3 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 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 rules of the director.  However, those terms shall be defined and delimited by the ((Washington personnel resources board pursuant to)) director of personnel under chapter 41.06 RCW for employees employed under the director of personnel's jurisdiction;

     (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;

     (7) "Retail or service establishment" means an establishment seventy-five percent of whose annual dollar volume of sales of goods or services, or both, is not for resale and is recognized as retail sales or services in the particular industry.

     Sec. 38.  RCW 13.40.320 and 2001 c 137 s 1 are each amended to read as follows:

      (1) The department of social and health services shall establish a medium security juvenile offender basic training camp program.  This program for juvenile offenders serving a term of confinement under the supervision of the department is exempt from the licensing requirements of chapter 74.15 RCW.

     (2) The department may contract under this chapter with private companies, the national guard, or other federal, state, or local agencies to operate the juvenile offender basic training camp((, notwithstanding the provisions of RCW 41.06.380)).

     (3) The juvenile offender basic training camp shall be a structured and regimented model emphasizing the building up of an offender's self-esteem, confidence, and discipline.  The juvenile offender basic training camp program shall provide participants with basic education, prevocational training, work-based learning, work experience, work ethic skills, conflict resolution counseling, substance abuse intervention, anger management counseling, and structured intensive physical training.  The juvenile offender basic training camp program shall have a curriculum training and work schedule that incorporates a balanced assignment of these or other rehabilitation and training components for no less than sixteen hours per day, six days a week.

     The department shall develop standards for the safe and effective operation of the juvenile offender basic training camp program, for an offender's successful program completion, and for the continued after-care supervision of offenders who have successfully completed the program.

     (4) Offenders eligible for the juvenile offender basic training camp option shall be those with a disposition of not more than sixty-five weeks.  Violent and sex offenders shall not be eligible for the juvenile offender basic training camp program.

     (5) If the court determines that the offender is eligible for the juvenile offender basic training camp option, the court may recommend that the department place the offender in the program.  The department shall evaluate the offender and may place the offender in the program.  The evaluation shall include, at a minimum, a risk assessment developed by the department and designed to determine the offender's suitability for the program.  No juvenile who is assessed as a high risk offender or suffers from any mental or physical problems that could endanger his or her health or drastically affect his or her performance in the program shall be admitted to or retained in the juvenile offender basic training camp program.

     (6) All juvenile offenders eligible for the juvenile offender basic training camp sentencing option shall spend one hundred twenty days of their disposition in a juvenile offender basic training camp.  This period may be extended for up to forty days by the secretary if a juvenile offender requires additional time to successfully complete the basic training camp program.  If the juvenile offender's activities while in the juvenile offender basic training camp are so disruptive to the juvenile offender basic training camp program, as determined by the secretary according to standards developed by the department, as to result in the removal of the juvenile offender from the juvenile offender basic training camp program, or if the offender cannot complete the juvenile offender basic training camp program due to medical problems, the secretary shall require that the offender be committed to a juvenile institution to serve the entire remainder of his or her disposition, less the amount of time already served in the juvenile offender basic training camp program.

     (7) All offenders who successfully graduate from the juvenile offender basic training camp program shall spend the remainder of their disposition on parole in a juvenile rehabilitation administration intensive aftercare program in the local community.  Violation of the conditions of parole is subject to sanctions specified in RCW 13.40.210(4).  The program shall provide for the needs of the offender based on his or her progress in the aftercare program as indicated by ongoing assessment of those needs and progress.  The intensive aftercare program shall monitor postprogram juvenile offenders and assist them to successfully reintegrate into the community.  In addition, the program shall develop a process for closely monitoring and assessing public safety risks.  The intensive aftercare program shall be designed and funded by the department of social and health services.

     (8) The department shall also develop and maintain a data base to measure recidivism rates specific to this incarceration program.  The data base shall maintain data on all juvenile offenders who complete the juvenile offender basic training camp program for a period of two years after they have completed the program.  The data base shall also maintain data on the criminal activity, educational progress, and employment activities of all juvenile offenders who participated in the program.

     Sec. 39.  RCW 39.29.006 and 1998 c 101 s 2 are each amended to read as follows:

     As used in this chapter:

     (1) "Agency" means any state office or activity of the executive and judicial branches of state government, including state agencies, departments, offices, divisions, boards, commissions, and educational, correctional, and other types of institutions.

     (2) "Client services" means services provided directly to agency clients including, but not limited to, medical and dental services, employment and training programs, residential care, and subsidized housing.

     (3) "Competitive solicitation" means a documented formal process providing an equal and open opportunity to qualified parties and culminating in a selection based on criteria which may include such factors as the consultant's fees or costs, ability, capacity, experience, reputation, responsiveness to time limitations, responsiveness to solicitation requirements, quality of previous performance, and compliance with statutes and rules relating to contracts or services.

     (4) "Consultant" means an independent individual or firm contracting with an agency to perform a service or render an opinion or recommendation according to the consultant's methods and without being subject to the control of the agency except as to the result of the work.  The agency monitors progress under the contract and authorizes payment.

     (5) "Emergency" means a set of unforeseen circumstances beyond the control of the agency that either:

     (a) Present a real, immediate threat to the proper performance of essential functions; or

     (b) May result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

     (6) "Evidence of competition" means documentation demonstrating that the agency has solicited responses from multiple firms in selecting a consultant.

     (7) "Personal service" means professional or technical expertise provided by a consultant to accomplish a specific study, project, task, or other work statement.  This term does not include purchased services as defined under subsection (9) of this section.  This term does include client services.

     (8) "Personal service contract" means an agreement, or any amendment thereto, with a consultant for the rendering of personal services to the state which is consistent with ((RCW 41.06.380)) section 9 of this act.

     (9) "Purchased services" means services provided by a vendor to accomplish routine, continuing and necessary functions.  This term includes, but is not limited to, services acquired under RCW 43.19.190 or 43.105.041 for equipment maintenance and repair; operation of a physical plant; security; computer hardware and software maintenance; data entry; key punch services; and computer time-sharing, contract programming, and analysis.

     (10) "Sole source" means a consultant providing professional or technical expertise of such a unique nature that the consultant is clearly and justifiably the only practicable source to provide the service.  The justification shall be based on either the uniqueness of the service or sole availability at the location required.

     Sec. 40.  RCW 47.46.040 and 2001 c 64 s 14 are each amended to read as follows:

      (1) All projects designed, constructed, and operated under this authority must comply with all applicable rules and statutes in existence at the time the agreement is executed, including but not limited to the following provisions:  Chapter 39.12 RCW, this title, ((RCW 41.06.380)) section 11 of this act, chapter 47.64 RCW, RCW 49.60.180, and 49 C.F.R. Part 21.

     (2) The secretary or a designee shall consult with legal, financial, and other experts within and outside state government in the negotiation and development of the agreements.

     (3) Agreements shall provide for private ownership of the projects during the construction period.  After completion and final acceptance of each project or discrete segment thereof, the agreement shall provide for state ownership of the transportation systems and facilities and lease to the private entity unless the state elects to provide for ownership of the facility by the private entity during the term of the agreement.

     The state shall lease each of the demonstration projects, or applicable project segments, to the private entities for operating purposes for up to fifty years.

     (4) The department may exercise any power possessed by it to facilitate the development, construction, financing operation, and maintenance of transportation projects under this chapter.  Agreements for maintenance services entered into under this section shall provide for full reimbursement for services rendered by the department or other state agencies.  Agreements for police services for projects, involving state highway routes, developed under agreements shall be entered into with the Washington state patrol.  The agreement for police services shall provide that the state patrol will be reimbursed for costs on a comparable basis with the costs incurred for comparable service on other state highway routes.  The department may provide services for which it is reimbursed, including but not limited to preliminary planning, environmental certification, and preliminary design of the demonstration projects.

     (5) The plans and specifications for each project constructed under this section shall comply with the department's standards for state projects.  A facility constructed by and leased to a private entity is deemed to be a part of the state highway system for purposes of identification, maintenance, and enforcement of traffic laws and for the purposes of applicable sections of this title.  Upon reversion of the facility to the state, the project must meet all applicable state standards.  Agreements shall address responsibility for reconstruction or renovations that are required in order for a facility to meet all applicable state standards upon reversion of the facility to the state.

     (6) For the purpose of facilitating these projects and to assist the private entity in the financing, development, construction, and operation of the transportation systems and facilities, the agreements may include provisions for the department to exercise its authority, including the lease of facilities, rights of way, and airspace, exercise of the power of eminent domain, granting of development rights and opportunities, granting of necessary easements and rights of access, issuance of permits and other authorizations, protection from competition, remedies in the event of default of either of the parties, granting of contractual and real property rights, liability during construction and the term of the lease, authority to negotiate acquisition of rights of way in excess of appraised value, and any other provision deemed necessary by the secretary.

     (7) The agreements entered into under this section may include provisions authorizing the state to grant necessary easements and lease to a private entity existing rights of way or rights of way subsequently acquired with public or private financing.  The agreements may also include provisions to lease to the entity airspace above or below the right of way associated or to be associated with the private entity's transportation facility.  In consideration for the reversion rights in these privately constructed facilities, the department may negotiate a charge for the lease of airspace rights during the term of the agreement for a period not to exceed fifty years.  If, after the expiration of this period, the department continues to lease these airspace rights to the private entity, it shall do so only at fair market value.  The agreement may also provide the private entity the right of first refusal to undertake projects utilizing airspace owned by the state in the vicinity of the public-private project.

     (8) Agreements under this section may include any contractual provision that is necessary to protect the project revenues required to repay the costs incurred to study, plan, design, finance, acquire, build, install, operate, enforce laws, and maintain toll highways, bridges, and tunnels and which will not unreasonably inhibit or prohibit the development of additional public transportation systems and facilities.  Agreements under this section must secure and maintain liability insurance coverage in amounts appropriate to protect the project's viability and may address state indemnification of the private entity for design and construction liability where the state has approved relevant design and construction plans.

     (9) Agreements shall include a process that provides for public involvement in decision making with respect to the development of the projects.

     (10)(a) In carrying out the public involvement process required in subsection (9) of this section, the private entity shall proactively seek public participation through a process appropriate to the characteristics of the project that assesses and demonstrates public support among:  Users of the project, residents of communities in the vicinity of the project, and residents of communities impacted by the project.

     (b) The private entity shall conduct a comprehensive public involvement process that provides, periodically throughout the development and implementation of the project, users and residents of communities in the affected project area an opportunity to comment upon key issues regarding the project including, but not limited to:  (i) Alternative sizes and scopes; (ii) design; (iii) environmental assessment; (iv) right of way and access plans; (v) traffic impacts; (vi) tolling or user fee strategies and tolling or user fee ranges; (vii) project cost; (viii) construction impacts; (ix) facility operation; and (x) any other salient characteristics.

     (c) If the affected project area has not been defined, the private entity shall define the affected project area by conducting, at a minimum:  (i) A comparison of the estimated percentage of residents of communities in the vicinity of the project and in other communities impacted by the project who could be subject to tolls or user fees and the estimated percentage of other users and transient traffic that could be subject to tolls or user fees; (ii) an analysis of the anticipated traffic diversion patterns; (iii) an analysis of the potential economic impact resulting from proposed toll rates or user fee rates imposed on residents, commercial traffic, and commercial entities in communities in the vicinity of and impacted by the project; (iv) an analysis of the economic impact of tolls or user fees on the price of goods and services generally; and (v) an analysis of the relationship of the project to state transportation needs and benefits.

     The agreement may require an advisory vote by users of and residents in the affected project area.

     (d) In seeking public participation, the private entity shall establish a local involvement committee or committees comprised of residents of the affected project area, individuals who represent cities and counties in the affected project area, organizations formed to support or oppose the project, if such organizations exist, and users of the project.  The private entity shall, at a minimum, establish a committee as required under the specifications of RCW 47.46.030(6)(b) (ii) and (iii) and appointments to such committee shall be made no later than thirty days after the project area is defined.

     (e) Local involvement committees shall act in an advisory capacity to the department and the private entity on all issues related to the development and implementation of the public involvement process established under this section.

     (f) The department and the private entity shall provide the legislative transportation committee and local involvement committees with progress reports on the status of the public involvement process including the results of an advisory vote, if any occurs.

     (11) Nothing in this chapter limits the right of the secretary and his or her agents to render such advice and to make such recommendations as they deem to be in the best interests of the state and the public.

     Sec. 41.  RCW 72.09.100 and 1995 1st sp.s. c 19 s 33 are each amended to read as follows:

     It is the intent of the legislature to vest in the department the power to provide for a comprehensive inmate work program and to remove statutory and other restrictions which have limited work programs in the past.  For purposes of establishing such a comprehensive program, the legislature recommends that the department consider adopting any or all, or any variation of, the following classes of work programs:

     (1) CLASS I:  FREE VENTURE INDUSTRIES.  The employer model industries in this class shall be operated and managed in total or in part by any profit or nonprofit organization pursuant to an agreement between the organization and the department.  The organization shall produce goods or services for sale to both the public and private sector.

     The customer model industries in this class shall be operated and managed by the department to provide Washington state manufacturers or businesses with products or services currently produced or provided by out-of-state or foreign suppliers.  The correctional industries board of directors shall review these proposed industries before the department contracts to provide such products or services.  The review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community and labor market.

     The department of corrections shall supply appropriate security and custody services without charge to the participating firms.

     Inmates who work in free venture industries shall do so at their own choice.  They shall be paid a wage comparable to the wage paid for work of a similar nature in the locality in which the industry is located, as determined by the director of correctional industries.  If the director cannot reasonably determine the comparable wage, then the pay shall not be less than the federal minimum wage.

     An inmate who is employed in the class I program of correctional industries shall not be eligible for unemployment compensation benefits pursuant to any of the provisions of Title 50 RCW until released on parole or discharged.

     (2) CLASS II:  TAX REDUCTION INDUSTRIES.  Industries in this class shall be state-owned and operated enterprises designed to reduce the costs for goods and services for tax-supported agencies and for nonprofit organizations.  The industries selected for development within this class shall, as much as possible, match the available pool of inmate work skills and aptitudes with the work opportunities in the free community.  The industries shall be closely patterned after private sector industries but with the objective of reducing public support costs rather than making a profit.  The products and services of this industry, including purchased products and services necessary for a complete product line, may be sold to public agencies, to nonprofit organizations, and to private contractors when the goods purchased will be ultimately used by a public agency or a nonprofit organization.  Clothing manufactured by an industry in this class may be donated to nonprofit organizations that provide clothing free of charge to low-income persons.  Correctional industries products and services shall be reviewed by the correctional industries board of directors before offering such products and services for sale to private contractors.  The board of directors shall conduct a yearly marketing review of the products and services offered under this subsection.  Such review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community.  To avoid waste or spoilage and consequent loss to the state, when there is no public sector market for such goods, byproducts and surpluses of timber, agricultural, and animal husbandry enterprises may be sold to private persons, at private sale.  Surplus byproducts and surpluses of timber, agricultural and animal husbandry enterprises that cannot be sold to public agencies or to private persons may be donated to nonprofit organizations.  All sales of surplus products shall be carried out in accordance with rules prescribed by the secretary.

     Security and custody services shall be provided without charge by the department of corrections.

     Inmates working in this class of industries shall do so at their own choice and shall be paid for their work on a gratuity scale which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located and which is approved by the director of correctional industries.

     Subject to approval of the correctional industries board, provisions of ((RCW 41.06.380 prohibiting contracting out work performed by classified employees)) section 11 of this act shall not apply to contracts with Washington state businesses entered into by the department of corrections through class II industries.

     (3) CLASS III:  INSTITUTIONAL SUPPORT INDUSTRIES.  Industries in this class shall be operated by the department of corrections.  They shall be designed and managed to accomplish the following objectives:

     (a) Whenever possible, to provide basic work training and experience so that the inmate will be able to qualify for better work both within correctional industries and the free community.  It is not intended that an inmate's work within this class of industries should be his or her final and total work experience as an inmate.

     (b) Whenever possible, to provide forty hours of work or work training per week.

     (c) Whenever possible, to offset tax and other public support costs.

     Supervising, management, and custody staff shall be employees of the department.

     All able and eligible inmates who are assigned work and who are not working in other classes of industries shall work in this class.

     Except for inmates who work in work training programs, inmates in this class shall be paid for their work in accordance with an inmate gratuity scale.  The scale shall be adopted by the secretary of corrections.

     (4) CLASS IV:  COMMUNITY WORK INDUSTRIES.  Industries in this class shall be operated by the department of corrections.  They shall be designed and managed to provide services in the inmate's resident community at a reduced cost.  The services shall be provided to public agencies, to persons who are poor or infirm, or to nonprofit organizations.

     Inmates in this program shall reside in facilities owned by, contracted for, or licensed by the department of corrections.  A unit of local government shall provide work supervision services without charge to the state and shall pay the inmate's wage.

     The department of corrections shall reimburse participating units of local government for liability and workers compensation insurance costs.

     Inmates who work in this class of industries shall do so at their own choice and shall receive a gratuity which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located.

     (5) CLASS V:  COMMUNITY SERVICE PROGRAMS.  Programs in this class shall be subject to supervision by the department of corrections.  The purpose of this class of industries is to enable an inmate, placed on community supervision, to work off all or part of a community service order as ordered by the sentencing court.

     Employment shall be in a community service program operated by the state, local units of government, or a nonprofit agency.

     To the extent that funds are specifically made available for such purposes, the department of corrections shall reimburse nonprofit agencies for workers compensation insurance costs.

     Sec. 42.  RCW 49.74.030 and 1993 c 281 s 58 are each amended to read as follows:

     The commission in conjunction with the department of personnel 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 41.06.150(((21))) (19) and 43.43.340(5), whichever is appropriate.

     Sec. 43.  RCW 49.74.040 and 1985 c 365 s 11 are each amended to read as follows:

     If no agreement can be reached under RCW 49.74.030, the commission may refer the matter to the administrative law judge for hearing pursuant to RCW 49.60.250.  If the administrative law judge finds that the state agency, institution of higher education, or state patrol has not made a good faith effort to correct the noncompliance, the administrative law judge shall order the state agency, institution of higher education, or state patrol to comply with this chapter.  The administrative law judge may order 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),)) (19) and 43.43.340(5), whichever is appropriate.

     An order by the administrative law judge may be appealed to superior court.

     Sec. 44.  RCW 72.10.030 and 1989 c 157 s 4 are each amended to read as follows:

     (1) Notwithstanding any other provisions of law, the secretary may enter into contracts with health care practitioners, health care facilities, and other entities or agents as may be necessary to provide basic medical care to inmates.  ((The contracts shall not cause the termination of classified employees of the department rendering the services at the time the contract is executed.))

     (2) In contracting for services, the secretary is authorized to provide for indemnification of health care practitioners who cannot obtain professional liability insurance through reasonable effort, from liability on any action, claim, or proceeding instituted against them arising out of the good faith performance or failure of performance of services on behalf of the department.  The contracts may provide that for the purposes of chapter 4.92 RCW only, those health care practitioners with whom the department has contracted shall be considered state employees.

     Sec. 45.  RCW 82.01.070 and 1997 c 156 s 1 are each amended to read as follows:

     The director shall have charge and general supervision of the department of revenue.  The director shall appoint an assistant director for administration, hereinafter in chapter 26, Laws of 1967 ex. sess. referred to as the assistant director, and subject to the provisions of chapter 41.06 RCW may appoint and employ such clerical, technical and other personnel as may be necessary to carry out the powers and duties of the department.  The director may also enter into personal service contracts with ((out-of-state)) individuals or business entities for the performance of auditing services ((outside the state of Washington when normal efforts to recruit classified employees are unsuccessful)).  The director may agree to pay to the department's employees or contractors who reside out of state such amounts in addition to their ordinary rate of compensation as are necessary to defray the extra costs of facilities, living, and other costs reasonably related to the out-of-state services, subject to legislative appropriation for those purposes.  The special allowances shall be in such amounts or at such rates as are approved by the office of financial management.  This section does not apply to audit functions performed in states contiguous to the state of Washington.

NEW SECTION. Sec. 46.  (1) All powers, duties, and functions of the personnel appeals board pertaining to appeals filed under RCW 41.06.170 on or after the effective date of this section are transferred to the Washington personnel resources board.  All appeals filed under RCW 41.06.170 before the effective date of this section shall be resolved by the personnel appeals board in accordance with the authorities, rules, and procedures that were in effect at the time of the appeal.

     (2) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of personnel pertaining to the powers, functions, and duties transferred in subsection (1) of this section 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 personnel appeals board in carrying out the powers, functions, and duties transferred in subsection (1) of this section shall be made available to the Washington personnel resources board.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred in subsection (1) of this section shall be assigned to the Washington personnel resources board.

     (3) Any appropriations made to the personnel appeals board for carrying out the powers, functions, and duties transferred in subsection (1) of this section shall, on the effective date of this section, be transferred and credited to the Washington personnel resources board.

     (4) 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.

     (5) After the effective date of this section, the director of personnel and the executive secretary of the personnel appeals board shall meet and agree upon a schedule for the transfer of personnel appeals board employees and property to the Washington personnel resources board.  Whenever a 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.

     (6) The transfer of the powers, duties, functions, and personnel of the personnel appeals board under this section does not affect the validity of any act performed before the effective date of this section.  All existing contracts and obligations of the personnel appeals board shall remain in full force and shall be performed by the personnel appeals board.

NEW SECTION. Sec. 47.  (1) The personnel appeals board is hereby abolished and its powers, duties, and functions are hereby transferred to the Washington personnel resources board.  All references to the executive secretary of the personnel appeals board or the personnel appeals board in the Revised Code of Washington shall be construed to mean the director of personnel or the Washington personnel resources board, respectively.

     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the personnel appeals 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 personnel appeals board shall be made available to the department of personnel.  All funds, credits, or other assets held by the personnel appeals board shall be assigned to the department of personnel.

     (b) Any appropriations made to the personnel appeals board shall, on the effective date of this section, be transferred and credited to the department of personnel.

     (c) If 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.

     (3) All employees of the personnel appeals board are transferred to the jurisdiction of the department of personnel.  All employees classified under this chapter, the state civil service law, are assigned to the department of personnel 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.

     (4) All rules and all pending business before the personnel appeals board shall be continued and 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.

     (5) The transfer of the powers, duties, functions, and personnel of the personnel appeals board shall not affect the validity of any act performed before the effective date of this section.

     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, 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. 48.  The following acts or parts of acts are each repealed:

(1) RCW 41.64.010 (Personnel appeals board--Created--Membership--Definitions) and 1981 c 311 s 1;

(2) RCW 41.64.020 (Removal of members--Hearing) and 1981 c 311 s 3;

(3) RCW 41.64.030 (Compensation of members--Travel expenses--Disclosure of financial affairs) and 1984 c 287 s 73, 1984 c 34 s 4, & 1981 c 311 s 4;

(4) RCW 41.64.040 (Election of chairperson--Biennial meetings) and 1981 c 311 s 5;

(5) RCW 41.64.050 (Executive secretary--Appointment of assistants) and 1981 c 311 s 6;

(6) RCW 41.64.060 (Location of principal office--Hearings--Procedure) and 1981 c 311 s 7;

(7) RCW 41.64.070 (Journal of official actions) and 1981 c 311 s 8;

(8) RCW 41.64.080 (Employee appeals--Hearings examiners) and 1981 c 311 s 9;

(9) RCW 41.64.090 (Employee appeals--Jurisdiction) and 1999 c . . . s 27 (section 27 of this act), 1993 c 281 s 41, & 1981 c 311 s 10;

(10) RCW 41.64.100 (Employee appeals--Hearing--Decision to be rendered within ninety days, exceptions) and 1997 c 386 s 43 & 1981 c 311 s 11;

(11) RCW 41.64.110 (Employee appeals--Hearing--Procedure--Official record) and 1985 c 461 s 7 & 1981 c 311 s 12;

(12) RCW 41.64.120 (Employee appeals--Findings of fact, conclusions of law, order--Notice to employee and employing agency) and 1981 c 311 s 13;

(13) RCW 41.64.130 (Employee appeals--Review by superior court--Grounds--Notice, service--Certified transcript) and 1981 c 311 s 14;

(14) RCW 41.64.140 (Employee appeals--Review by superior court--Procedure--Appellate review) and 1988 c 202 s 42 & 1981 c 311 s 15; and

(15) RCW 41.64.910 (Severability--1981 c 311) and 1981 c 311 s 24.

NEW SECTION. Sec. 49.  The following acts or parts of acts are each repealed:

(1) RCW 41.06.163 (Comprehensive salary and fringe benefit survey plan required--Contents) and 1993 c 281 s 30, 1987 c 185 s 9, 1986 c 158 s 6, 1979 c 151 s 59, & 1977 ex.s. c 152 s 3;

(2) RCW 41.06.165 (Salary surveys--Criteria) and 1977 ex.s. c 152 s 4;

(3) RCW 41.06.380 (Purchasing services by contract not prohibited--Limitations) and 1979 ex.s. c 46 s 2; and

(4) RCW 41.06.382 (Purchasing services by contract not prohibited--Limitations) and 1979 ex.s. c 46 s 1.

NEW SECTION. Sec. 50.  Provisions of a collective bargaining agreement adopted under chapter 41.06 RCW that are in effect on the effective date of section 9 of this act and that conflict with section 5 or 9 of this act shall continue in effect until contract expiration, unless a superseding agreement resolving the conflict is executed by the parties before expiration; after expiration, any new agreement executed between the parties must be consistent with sections 5 and 9 of this act.

NEW SECTION. Sec. 51.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 52.  (1) Sections 3, 5, 6, 9, 10, 17 through 28, 31 through 43, and 48 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 take effect  July 1, 2002.

     (2) Sections 4, 11 through 16, and 44 of this act take effect July 1, 2003.

     (3) Sections 29, 30, 45, and 47 of this act take effect July 1, 2004."

     Correct the title.

EFFECT:  Changes the civil service system and allows agencies to contract out for personal services.  Eliminates the "Rule of 7" and the requirement that layoffs be by seniority.  Members of the Washington Management Service may not participate in collective bargaining.  The DOP is no longer required to conduct salary and fringe benefit surveys for employees other than the State Patrol.  Eliminates the PAB and transfers authority to hear appeals to the WPRB.  Civil service rulemaking authority is transferred from the WPRB to the DOP.  Prohibits parties to collective bargaining to negotiate wages and the state's ability to contract out for services.