Background:

Restrictions Regarding Meeting Space.

There are five types or categories of boards and commissions, referred to as Class One through Class Five. In 2010, at the same time as several boards and commissions were eliminated, the Legislature imposed certain cost-saving measures on the remaining boards and commissions of all classes. One such measure has to do with the location of meetings. When feasible, boards and commissions are to use a meeting format that requires members to be physically present at one location only when necessary or required by law. Meetings that require members' physical presence must be held in state facilities whenever possible, and meetings conducted in private facilities must be approved by the director of the Office of Financial Management (OFM).

These measures are effective July 1, 2010 through June 30, 2011. In ESHB 1086, which has passed the House and is awaiting action in the Senate, the requirement that meetings conducted using private facilities receive the OFM approval has been modified to only require such approval if there is a charge for use of the private facility.

Restrictions Upon Personal Services Contracts.

Beginning in 2010 and effective until July 1, 2011, restrictions have been imposed upon personal services contracts. Unless related to an emergency or catastrophic event, all state agencies are prohibited from entering into personal services contracts for the acquisition of personal services. There are some enumerated exceptions, including personal services contracts by institutions of higher education where the costs are not funded from state funds or tuition.

Restrictions Upon Equipment Purchases Exceeding $5000.

Beginning in 2010 and effective until July 1, 2011, restrictions have been imposed upon the purchase of equipment that costs more than $5000. Unless related to an emergency or catastrophic event, all state agencies are prohibited from entering into personal contracts for the acquisition of personal services. There are some enumerated exceptions, including personal services contracts by institutions of higher education where the costs are not funded from state funds or tuition.

Restrictions Upon Out-of-State Travel.

Beginning in 2010 and effective until July 1, 2011, state agencies of all three branches are prohibited from making expenditures for the cost or reimbursement of out-of-state travel or out-of-state training where the travel or training is not related to an emergency or other catastrophic event. There are some enumerated exceptions, including personal services contracts by institutions of higher education where the costs are not funded from state funds or tuition.

Restrictions Upon Hiring.

Beginning in 2010 and effective until July 1, 2011, state agencies of all three branches are prohibited from establishing new staff positions or filling vacant positions except as specifically authorized. Executive agencies, including colleges and universities, may seek the OFM approval for critically necessary work and, if approval for hiring is given, this fact must be published on the website and also specific notice must be given to the Legislature. Colleges and universities are given a specific exemption from the OFM approval process for positions directly related to academic programs, as well as positions not funded by state funds or tuition, positions that are filled by students, positions in campus police and security, positions related to emergency management and response, and positions related to student health care and counseling.

Summary of Bill:

Meetings of boards and commissions affiliated with institutions of higher education that are held in private facilities are exempt from the OFM approval process.

With respect to the restrictions upon personal services contracts, equipment purchases, and out-of-state travel, the exemptions for institutions of higher education are broadened to include all such contracts, purchases, and travel and not just those funded by monies other than the general fund or tuition.

All positions in higher education are exempt from the restrictions upon hiring and need not go through the OFM approval process.