WSR 19-14-027
PROPOSED RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed June 25, 2019, 8:33 a.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 357-28-203 When must an employee receive premium pay? and 357-58-141 When must an employee receive premium pay?
Hearing Location(s): On August 8, 2019, at 8:30 a.m., at the Office of Financial Management (OFM), Raad Building, 5th Floor, Room 512, 128 10th Avenue S.W., Olympia, WA 98501.
Date of Intended Adoption: August 15, 2019.
Submit Written Comments to: Brandy Chinn, OFM, P.O. Box 47500, Olympia, WA 98501, email Brandy.Chinn@ofm.wa.gov, fax 360-586-4694, by August 1, 2019.
Assistance for Persons with Disabilities: Contact OFM, TTY 711 or 1-800-833-6384, by August 1, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ESHB 1109 is the state operating budget for fiscal years 2019–2021. ESHB 1109 provides a premium pay for those employees who are assigned to work on McNeil Island at the Special Commitment Center, which is funded in section 207. Additionally ESHB 1109, section 950 provides that funding is provided in the operating budget for a five percent premium pay for employees working in King County. (ESHB 1109 is also referred to as chapter 415, Laws of 2019.)
Reasons Supporting Proposal: To align Title 357 WAC with the changes made in chapter 415, Laws of 2019.
Statutory Authority for Adoption: Chapter
41.06 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: [OFM], governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Brandy Chinn, 128 10th Avenue, Olympia, WA 98501, 360-407-4141.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW
34.05.328 (5)(b)(ii) for exemption.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
June 25, 2019
Roselyn Marcus
Assistant Director of
Legal and Legislative Affairs
NEW SECTION
WAC 357-28-203When must an employee receive premium pay?
Premium pay at the rate specified in the compensation plan must be paid when an employee is:
(1) Assigned to work on McNeil Island at the special commitment center and for each day the employee is physically working on the island. Days in paid status not working on the island will not qualify for premium pay; and
(2) Assigned to a permanent duty station in King County.
(a) This subsection does not apply to employees at the University of Washington.
(b) When an employee is no longer permanently assigned to a King County duty station they will not be eligible for this premium pay.
NEW SECTION
WAC 357-58-141When must an employee receive premium pay?
Premium pay at the rate specified in the compensation plan must be paid when an employee is:
(1) Assigned to work on McNeil Island at the special commitment center and for each day the employee is physically working on the island. Days in paid status not working on the island will not qualify for premium pay; and
(2) Assigned to a permanent duty station in King County.
(a) This subsection does not apply to employees at the University of Washington.
(b) When an employee is no longer permanently assigned to a King County duty station they will not be eligible for this premium pay.