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

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

NEW SECTION. Sec. 1. The legislature finds that: (1) Effective management frequently depends upon the ability of an organization to place the appropriate individual in the specific position requiring that individual's skills; (2) the high cost of moving to a different residence makes it very difficult for employees to accept new positions at distant work locations; (3) relocating to a different residence creates a stressful environment for the employee and family and may temporarily divert the employee's attention from the job; and (4) providing relocation assistance to the employee lessens the stress of relocating and, in so doing, improves employee performance and attendance. Therefore, the legislature finds that it is in the public interest for the state to provide relocation assistance as set forth in section 2 of this act.

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

(1) The head of a state office, commission, department, or institution may authorize the payment of relocation expenses as provided for in subsections (2) through (6) of this section if all of the following criteria have been met:

(a) The employee has successfully completed at least six consecutive months of employment with the agency which is proposing to provide the relocation assistance;

(b) The distance from the old residence to the new work place is at least thirty-five miles farther than the distance from the old residence to the old work place; and

(2) The head of any state office, commission, department, or institution may excuse a relocating employee from the employee's normal work duties for not more than eight days or as much thereof as is necessary for the purposes of (a) making a single, round trip to the new location to find a residence and (b) moving the employee and family to the new location. While the employee is excused from normal work duties under this subsection, the state office, commission, department, or institution may reimburse the employee for subsistence, lodging, and mileage expenses under RCW 43.03.050 and 43.03.060. An employee who is excused from normal work duties under this subsection shall receive full compensation and benefits as if the employee were engaged in normal work duties.

(3) A state office, commission, department, or institution may move an employee's household goods and effects or pay the cost of moving such goods and effects whether they are moved by common carrier, the employee, or otherwise. Payments authorized under this subsection shall not exceed the cost of moving twelve thousand pounds of household goods and effects, including a reasonable allowance for packing, unpacking, insurance, and not more than thirty days of storage in transit.

(4) In lieu of the payments authorized under subsection (3) of this section, expenses may be paid for moving a mobile home if the mobile home is the primary residence of the employee. The payments authorized under this subsection may include preparation of the mobile home for moving; moving the mobile home; set-up costs at the new location; a reasonable allowance for packing, unpacking, and moving household goods and effects; insurance; and not more than thirty days of storage in transit. The payments authorized under this subsection shall not exceed the costs of moving twelve thousand pounds of household goods between the old and new locations by common carrier as provided for in subsection (3) of this section.

(5) If the relocating employee's primary residence is a rental home, apartment, or otherwise, and is under lease, the agency head may authorize payment of the cost of settling the lease. The payment authorized under this subsection shall not exceed an amount equal to six months rent.

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

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

The following limitations are placed on the relocation assistance authorized under section 2 of this act:

(1) In households in which both the employee and spouse are state employees, only one, as determined by the head of the state office, commission, department, or institution shall be treated as the employee.

(2) An employee who receives payment under section 2 of this act is not eligible for payments associated with another move for a period of two years after the date on which the employee began working at the new work place.

(3) In households in which both the employee and spouse are state employees, and either one or the other has received payment under section 2 of this act, neither employee is eligible for payments associated with another move for a period of two years after the date on which the employee began working at the new work place.

(4) An employee is eligible to receive payments under section 2 of this act for a period not to exceed two years after the date on which the employee began working at the new work place.

(5) If, within a period of one year after the date on which the employee began working at the new work place, the employee resigns his or her employment with the agency, the agency may require the employee to reimburse the agency for any payments made under section 2 of this act related to the employee's move to that work place.

(6) The total payments authorized under section 2 of this act shall not exceed ten thousand dollars per move.

NEW SECTION. Sec. 4. A new section is added to chapter 4.92 RCW to read as follows:

No claim may be made against the state for any conduct of or actions taken by an employee outside the scope of employment while excused from normal work duties under section 2 of this act.

Sec. 5. Section 2, chapter 16, Laws of 1967 ex. sess. as amended by section 86, chapter 151, Laws of 1979 and RCW 43.03.120 are each amended to read as follows:

Any state office, commission, department or institution may ((~~also~~)) pay the moving expenses of a new employee, necessitated by his acceptance of state employment, pursuant to mutual agreement with such employee in advance of his employment: PROVIDED, That if such employee is in the classified service as defined in chapter 41.06 RCW, that said employee has been duly certified from an eligible register. No such offer or agreement for such payment shall be made to a prospective member of the classified service, prior to such certification, except through appropriate public announcement by the department of personnel, or other corresponding personnel agency as provided by chapter 41.06 RCW. Payment for all expenses authorized by RCW 43.03.060, ((~~43.03.110~~)) sections 2 and 3 of this 1986 act, and RCW 43.03.120 through 43.03.210, including moving expenses of new employees, exempt or classified, and others, shall be subject to reasonable regulations promulgated by the director of financial management, including regulations defining allowable moving costs: PROVIDED, That, if the new employee terminates or causes termination of his employment with the state within one year of the date of employment, the state shall be entitled to reimbursement for the moving costs which have been paid and may withhold such sum as necessary therefor from any amounts due the employee.

NEW SECTION. Sec. 6. Section 43.03.110, chapter 8, Laws of 1965, section 1, chapter 16, Laws of 1967 ex. sess. and RCW 43.03.110 are each repealed.