AN ACT Relating to education; amending RCW 84.52.0531, 28A.41.130, 28A.41.140, and 41.59.935; adding new sections to chapter 28A.41 RCW; adding a new section to chapter 28A.58 RCW; creating a new section; repealing RCW 28A.58.093, 28A.58.095, and 41.56.960; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature intends to establish the limitation on school district maintenance and operations levies at twenty percent, with ten percent to be equalized on a state-wide basis. The legislature further intends to establish a modern school financing system for compensation of school staff including increasing staff development time for certificated personnel and providing a class size reduction in grades kindergarten through three.

The legislature finds that adoption of a state-wide salary allocation schedule for certificated instructional staff will encourage recruitment and retention of able individuals to the teaching profession, and limit the administrative burden associated with implementing state teacher salary policies.

PART I

FINANCING OUR SCHOOLS

Sec. 101. Section 1, chapter 374, Laws of 1985 and RCW 84.52.0531 are each amended to read as follows:

The maximum dollar amount which may be levied by or for any school district for maintenance and operation support under the provisions of RCW 84.52.053 shall be determined as follows:

(1) For excess levies ((~~in 1985~~)) for collection in ((~~1986 and thereafter~~)) 1988, the maximum dollar amount shall be the sum of:

(a) That amount equal to ((~~ten percent of each school~~)) the district's base year levy percentage as defined in subsection (2) of this section multiplied by the district's prior year basic education allocation; plus

(b) That amount equal to ((~~ten percent of each school~~)) the district's base year levy percentage multiplied by the district's prior year state allocation, exclusive of federal funds, for the following programs:

(i) Pupil transportation;

(ii) Handicapped education costs;

(iii) Gifted; and

(iv) Compensatory education, including but not limited to remediation assistance, bilingual education, and urban, rural, racial disadvantaged programs; plus

(c) That amount equal to the sum under (a) and (b) of this subsection improved by the percent increase per full time equivalent student in the state basic education appropriation between the prior school year and the current school year; plus

(d) In the case of nonhigh school districts only, an amount equal to the total estimated amount due by the nonhigh school district to high school districts pursuant to chapter 28A.44 RCW, as now or hereafter amended, for the school year during which collection of the levy is to commence, less the increase in the nonhigh school district's basic education allocation as computed pursuant to subsection ((~~(4)~~)) (2) of this section due to the inclusion of pupils participating in a program provided for in chapter 28A.44 RCW in such computation.

(((2) Excess levies authorized under this section or under RCW 84.52.052 shall not be used directly or indirectly to increase the average salary or fringe benefits for certificated or classified personnel in any school district: PROVIDED, That any school district may expend excess levy funds to provide increases in salary and fringe benefits for classified or certificated personnel whose salary and fringe benefits are provided wholly from local school district excess levies in a percentage not to exceed the respective average percentage increases in the salary and fringe benefit levels for classified and certificated employees of the district funded with state appropriated funds: PROVIDED FURTHER, That those contracts which have been negotiated prior to July 1, 1977 by those school districts for such school year shall not be abrogated by this section. "Fringe benefits" for purposes of this subsection shall include:

~~(a) Employer retirement contributions, if applicable;~~

~~(b) Health and insurance payments including life, accident, disability, unemployment compensation, and workmen's compensation; and~~

~~(c) Employer social security contributions.~~

(3) Any school district whose average base compensation for certificated or classified personnel respectively is below state-wide average base compensation level for certificated or classified personnel during the preceding school year, may collect and expend property taxes authorized by this section, or under RCW 84.52.052, for the purpose of increasing such district's average compensation for certificated or classified personnel as allowed in the latest applicable state operating budget. "Compensation", for purposes of this subsection, shall mean salary plus fringe benefits for classified and certificated personnel of a school district as allowed in the latest applicable state operating budget.

~~(4)~~)) (2) For the purpose of this section, the basic education allocation shall be determined pursuant to RCW 28A.41.130, 28A.41.140, and 28A.41.145, as now or hereafter amended: PROVIDED, That when determining the basic education allocation under subsections (1) and (5) of this section, ((~~effective September 1, 1979,~~)) nonresident full time equivalent pupils who are participating in a program provided for in chapter 28A.44 RCW or in any other program pursuant to an interdistrict agreement shall be included in the enrollment of the resident district and excluded from the enrollment of the serving district.

((Certificated personnel shall include those persons employed by a school district in a teaching, instructional, administrative or supervisory capacity and who hold positions as certificated personnel as defined under RCW 28A.01.130, as now or hereafter amended, and every school district superintendent, and any person hired in any manner to fill a position designated as, or which is in fact, that of deputy superintendent or assistant superintendent. Classified personnel shall include those persons employed by a school district other than certificated personnel as defined in this section in a capacity for which certification is not required.

~~(5) Any district is authorized to exceed the levy limitations imposed by subsection (1) for taxes to be collected during calendar years 1985 through 1993 as follows:~~

~~(a)~~)) (3) For excess levies to be collected in calendar year((~~s 1986, 1987, and~~)) 1988, a base year levy percentage shall be established, which shall be the district's maximum levy percentage for levies collected in that calendar year. The base year levy percentage shall be equal to the greater of: ((~~(i)~~)) (a) The district's actual levy percentage for calendar year 1985, ((~~(ii)~~)) (b) the average levy percentage for all school district levies in the state in calendar year 1985, or ((~~(iii)~~)) (c) the average levy percentage for all school district levies in the educational service district of the district in calendar year 1985.

(((b) The base year levy percentage established in (a) of this subsection shall be reduced in even increments beginning in calendar year 1989. The incremental reduction shall equal one-fifth of the percentage points the base year levy percentage exceeds the amount authorized in subsection (1) of this section.

(c) For excess levies to be collected in calendar year 1993, the maximum dollar amount which may be levied by or for any school district shall not exceed the amount authorized in subsection (1) of this section. The provisions of this subsection shall not apply to excess levies to be collected after calendar year 1993.

~~(6)~~)) (4) For excess levies for collection in 1989 and thereafter, the maximum dollar amount shall be the total of:

(a) The district's levy base as defined in subsection (5) of this section multiplied by the district's maximum levy percentage as defined in subsection (6) of this section; plus

(b) That amount equal to (a) of this subsection improved by the percent increase per full time equivalent student in the state basic education appropriation between the prior school year and the current school year; plus

(c) In the case of nonhigh districts only, an amount equal to the total estimated amount due by the nonhigh school district to high school districts pursuant to chapter 28A.44 RCW for the school year during which collection of the levy is to commence, less the increase in the nonhigh school district's basic education allocation as computed pursuant to subsection (2) of this section due to the inclusion of pupils participating in a program provided for in chapter 28A.44 RCW in such computation; less

(d) The maximum amount of state matching funds under section 102 of this 1987 act for which the district is eligible in that tax collection year.

(5) For levies collected in calendar year 1989 and thereafter, a district's levy base shall be the sum of the district's prior school year allocations of state and federal funds, including allocations for compensation increases, for the following programs and purposes:

(a) General apportionment (basic education);

(b) Secondary vocational education;

(d) Handicapped education;

(e) Education of highly capable students;

(f) Compensatory education, including but not limited to remediation assistance, migrant education, Indian education, and bilingual education; and

(g) Food services.

(6) For levies to be collected in calendar year 1989 and thereafter, a district's maximum levy percentage shall be determined as follows:

(a) Multiply the district's maximum levy percentage for the prior year or thirty percent, whichever is less, by the district's levy base as determined in subsection (5) of this section;

(b) Reduce the amount in (a) of this subsection by the total amount of any levy reduction funds as defined in subsection (7) of this section which were allocated to the district for the prior school year;

(d) The percentage in (c) of this subsection or twenty percent, whichever is greater, shall be the district's maximum levy percentage for levies collected in that calendar year.

(7) Levy reduction funds shall mean increases in state allocations received by a district which are not attributable to enrollment or workload changes, compensation increases, or inflationary adjustments recognized in state allocation formulas. Any other increases in state allocations from the district's allocations for the school year immediately preceding, which are not specifically excluded in this subsection, shall be considered levy reduction funds.

(8) For the purposes of this section, "prior school year" shall mean the most recent school year completed prior to the year in which the levies are to be collected.

(9) The superintendent of public instruction shall develop rules and regulations and inform school districts of the pertinent data necessary to carry out the provisions of this section.

NEW SECTION. Sec. 102. A new section is added to chapter 28A.41 RCW to read as follows:

(1) Commencing with taxes assessed in 1988 to be collected in calendar year 1989 and thereafter, in addition to a school district's other general fund allocations, each eligible district shall be provided local effort assistance funds if funds are made specifically available by the legislature to be determined as provided in this section. Such funds are not part of the district's basic education allocation but the legislature intends to appropriate funds as necessary to implement this section.

(2) (a) "Prior tax collection year" shall mean the year immediately preceding the year in which the local effort assistance shall be allocated.

(b) The "state-wide average ten percent levy rate" shall mean ten percent of the total levy bases as defined in RCW 84.52.0531(5) summed for all school districts, and divided by the total assessed valuation for excess levy purposes in the prior tax collection year for all districts as adjusted to one hundred percent by the county indicated ratio established in RCW 84.48.075.

(i) Ten percent of the district's levy base as defined in RCW 84.52.0531(5), plus one-half of any amount computed under RCW 84.52.0531(4)(b) in the case of nonhigh school districts; divided by

(ii) The district's assessed valuation for excess levy purposes for the prior tax collection year as adjusted to one hundred percent by the county indicated ratio.

(d) "Eligible districts" shall mean those districts with a ten percent levy rate which exceeds the state-wide average ten percent levy rate.

(3) Allocation of state matching funds to eligible districts for local effort assistance shall be determined as follows:

(a) Funds raised by the district through maintenance and operation levies during that tax collection year shall be matched with state funds using the following ratio of state funds to levy funds: (i) The difference between the district's ten percent levy rate and the state-wide average ten percent levy rate; to (ii) the state-wide average ten percent levy rate.

(b) The maximum amount of state matching funds for which a district may be eligible in any tax collection year shall be ten percent of the district's levy base as defined in RCW 84.52.0531(5), multiplied by the following percentage: (i) The difference between the district's ten percent levy rate and the state-wide average ten percent levy rate; divided by (ii) the district's ten percent levy rate.

(4) Fifty-five percent of local effort assistance funds shall be distributed to qualifying districts during the applicable tax collection year on or before June 30 and forty-five percent shall be distributed on or before December 31 of any year.

PART II

ENHANCING SCHOOL MANAGEMENT

Sec. 201. Section 2, chapter 46, Laws of 1973 as last amended by section 1, chapter 144, Laws of 1986 and RCW 28A.41.130 are each amended to read as follows:

From those funds made available by the legislature for the current use of the common schools, the superintendent of public instruction shall distribute annually as provided in RCW 28A.48.010 to each school district of the state operating a program approved by the state board of education an amount which, when combined with an appropriate portion of such locally available revenues, other than receipts from federal forest revenues distributed to school districts pursuant to RCW 28A.02.300 and 28A.02.310, as the superintendent of public instruction may deem appropriate for consideration in computing state equalization support, excluding excess property tax levies, will constitute a basic education allocation in dollars for each annual average full time equivalent student enrolled, based upon one full school year of one hundred eighty days, except that for kindergartens one full school year shall be one hundred eighty half days of instruction, or the equivalent as provided in RCW 28A.58.754, as now or hereafter amended.

Basic education shall be considered to be fully funded by those amounts of dollars appropriated by the legislature pursuant to RCW 28A.41.130 and 28A.41.140 to fund those program requirements identified in RCW 28A.58.754 in accordance with the formula and ratios provided in RCW 28A.41.140 and those amounts of dollars appropriated by the legislature to fund the salary requirements of sections 203 and 204 of this 1987 act.

Operation of a program approved by the state board of education, for the purposes of this section, shall include a finding that the ratio of students per classroom teacher in grades kindergarten through three is not greater than the ratio of students per classroom teacher in grades four and above for such district: PROVIDED, That for the purposes of this section, "classroom teacher" shall be defined as an instructional employee possessing at least a provisional certificate, but not necessarily employed as a certificated employee, whose primary duty is the daily educational instruction of students: PROVIDED FURTHER, That the state board of education shall adopt rules and regulations to insure compliance with the student/teacher ratio provisions of this section, and such rules and regulations shall allow for exemptions for those special programs and/or school districts which may be deemed unable to practicably meet the student/teacher ratio requirements of this section by virtue of a small number of students.

If a school district's basic education program fails to meet the basic education requirements enumerated in RCW 28A.41.130, 28A.41.140 and 28A.58.754, the state board of education shall require the superintendent of public instruction to withhold state funds in whole or in part for the basic education allocation until program compliance is assured: PROVIDED, That the state board of education may waive this requirement in the event of substantial lack of classroom space.

Sec. 202. Section 14, chapter 244, Laws of 1969 ex. sess. as last amended by section 5, chapter 349, Laws of 1985 and RCW 28A.41.140 are each amended to read as follows:

The basic education allocation for each annual average full time equivalent student shall be determined in accordance with the following procedures:

(1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula based on a ratio of students to staff for the distribution of a basic education allocation for each annual average full time equivalent student enrolled in a common school. The distribution formula shall have the primary objective of equalizing educational opportunities and shall provide appropriate recognition of the following costs among the various districts within the state:

((~~(1)~~)) (a) Certificated instructional staff and their related costs;

((~~(2)~~)) (b) Certificated administrative staff and their related costs;

((~~(3)~~)) (d) Nonsalary costs;

((~~(4)~~)) (e) Extraordinary costs of remote and necessary schools and small high schools, including costs of additional certificated and classified staff; and

((~~(5)~~)) (f) The attendance of students pursuant to RCW 28A.58.075 and 28A.58.245, each as now or hereafter amended, who do not reside within the servicing school district.

(2) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature. Commencing with the ((1980-81 school year, the formula adopted by the legislature shall reflect a ratio of not less than fifty certificated personnel to one thousand annual average full time equivalent students and one classified person to three certificated personnel)) 1987-88 school year, the formula adopted by the legislature shall reflect the following ratios: (a) Fifty- one certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through three; (b) forty-six certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades four through twelve; (c) four certificated administrative staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through twelve; and (d) sixteen and sixty-seven one-hundredths classified personnel to one thousand annual average full time equivalent students enrolled in grades kindergarten through twelve. In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect: PROVIDED, That the distribution formula developed pursuant to this section shall be for state apportionment and equalization purposes only and shall not be construed as mandating specific operational functions of local school districts other than those program requirements identified in RCW 28A.58.754. The enrollment of any district shall be the annual average number of full time equivalent students and part time students as provided in RCW 28A.41.145, as now or hereafter amended, enrolled on the first school day of each month. The definition of full time equivalent student shall be determined by rules and regulations of the superintendent of public instruction: PROVIDED, That the definition shall be included as part of the superintendent's biennial budget request: PROVIDED, FURTHER, That any revision of the present definition shall not take effect until approved by the house appropriations committee and the senate ways and means committee: PROVIDED, FURTHER, That the office of financial management shall make a monthly review of the superintendent's reported full time equivalent students in the common schools in conjunction with RCW 43.62.050.

(3) (a) Certificated instructional staff shall include those persons employed by a school district ((in a teaching, instructional, educational staff associate, learning resources specialist, administrative or supervisory capacity and who hold positions as certificated employees as defined under RCW 28A.01.130, as now or hereafter amended, and every school district superintendent, and any person hired in any manner to fill a position designated as, or which is in fact, that of deputy superintendent or assistant superintendent)) who are nonsupervisory employees within the meaning of RCW 41.59.020(8): PROVIDED, That in exceptional cases, people of unusual competence but without certification may teach students so long as a certificated person exercises general supervision: PROVIDED, FURTHER, That the hiring of such noncertificated people shall not occur during a labor dispute and such noncertificated people shall not be hired to replace certificated employees during a labor dispute.

(b) Certificated administrative staff shall include all those persons who are chief executive officers, chief administrative officers, confidential employees, supervisors, principals, or assistant principals within the meaning of RCW 41.59.020(4).

(4) Each annual average full time equivalent certificated employee's base contract year shall be a minimum of one hundred eighty-five days, including staff development time.

(5) Each annual average full time equivalent certificated classroom teacher's direct classroom contact hours shall average at least twenty-five hours per week. Direct classroom contact hours shall be exclusive of time required to be spent for preparation, conferences, or any other nonclassroom instruction duties. Up to two hundred minutes per week may be deducted from the twenty-five contact hour requirement, at the discretion of the school district board of directors, to accommodate authorized teacher/parent-guardian conferences, recess, passing time between classes, and informal instructional activity. Implementing rules to be adopted by the state board of education pursuant to RCW 28A.58.754(6) shall provide that compliance with the direct contact hour requirement shall be based upon teachers' normally assigned weekly instructional schedules, as assigned by the district administration. Additional record-keeping by classroom teachers as a means of accounting for contact hours shall not be required. However, upon request from the board of directors of any school district, the provisions relating to direct classroom contact hours for individual teachers in that district may be waived by the state board of education if the waiver is necessary to implement a locally approved plan for educational excellence and the waiver is limited to those individual teachers approved in the local plan for educational excellence. The state board of education shall develop criteria to evaluate the need for the waiver. Granting of the waiver shall depend upon verification that: (a) The students' classroom instructional time will not be reduced; and (b) the teacher's expertise is critical to the success of the local plan for excellence.

NEW SECTION. Sec. 203. A new section is added to chapter 28A.41 RCW to read as follows:

For the purposes of sections 204 and 205 of this act, "basic education certificated instructional staff" shall mean all full-time-equivalent certificated instructional staff reported by school districts in annual personnel reports to the superintendent of public instruction in the following programs as defined for state-wide school district accounting purposes: Basic education, secondary vocational education, general instructional support, and general support.

NEW SECTION. Sec. 204. A new section is added to chapter 28A.41 RCW to read as follows:

Formula allocations of moneys for certificated instructional staff salaries by the superintendent of public instruction shall be calculated using the following state-wide salary allocation schedule:

@lb @h0 STATE-WIDE SALARY ALLOCATION SCHEDULE

!tp1,1,1,1,1,1 !trYears

!trof

!trService!trBA!trBA+15!trBA+30!trBA+45!trBA+90

!w×

@h1 !tr0!tr1.000!tr1.027!tr1.055!tr1.083!tr1.173

!tr1!tr1.037!tr1.065!tr1.094!tr1.124!tr1.217

!tr2!tr1.075!tr1.104!tr1.134!tr1.167!tr1.262

!tr3!tr1.115!tr1.145!tr1.176!tr1.211!tr1.308

!tr4!tr1.156!tr1.188!tr1.220!tr1.257!tr1.357

!tr5!tr1.199!tr1.232!tr1.265!tr1.305!tr1.407

!tr6!tr1.244!tr1.277!tr1.312!tr1.355!tr1.459

!tr7!tr1.290!tr1.324!tr1.360!tr1.406!tr1.513

!tr8!tr1.337!tr1.373!tr1.410!tr1.460!tr1.569

!tr9!tj1!tr1.424!tr1.463!tr1.515!tr1.627

!tr10!tj2!tr1.517!tr1.573!tr1.687

!tr11!tj3!tr1.633!tr1.750

!tr12!tj4!tr1.815

!tr13!tj4!tr1.882

@h3

@h0 STATE-WIDE SALARY ALLOCATION SCHEDULE

!tp2,1,1,1,1,1 Years

Service !trBA+135!trMA!trMA+45!trMA+90!trPHD!trPHD+45

!w×

@h1 0!tr1.231!tr1.231!tr1.268!tr1.305!tr1.305!tr1.368

1!tr1.276!tr1.276!tr1.315!tr1.353!tr1,353!tr1.419

2!tr1.323!tr1.323!tr1.363!tr1.403!tr1,403!tr1.471

3!tr1.372!tr1.372!tr1.414!tr1.455!tr1.455!tr1.526

4!tr1.423!tr1.423!tr1.466!tr1.509!tr1.509!tr1.582

5!tr1.476!tr1.476!tr1.520!tr1.564!tr1.564!tr1.641

6!tr1.530!tr1.530!tr1.576!tr1.622!tr1,622!tr1.701

7!tr1.587!tr1.587!tr1.635!tr1.682!tr1.682!tr1.764

8!tr1.646!tr1.646!tr1.696!tr1.745!tr1,745!tr1.830

9!tr1.707!tr1.707!tr1.758!tr1.809!tr1.809!tr1.897

10!tr1.770!tr1.770!tr1.823!tr1.876!tr1.876!tr1.968

11!tr1.835!tr1.835!tr1.890!tr1.945!tr1.945!tr2.040

12!tr1.903!tr1.903!tr1.960!tr2.017!tr2.017!tr2.116

13!tr1.973!tr1.973!tr2.033!tr2.092!tr2.092!tr2.194

14!tr2.046!tr2.046!tr2.108!tr2.169!tr2.169!tr2.275

@h3 @la The legislature shall establish in the appropriations act a state-wide salary allocation schedule, for allocation purposes only, for basic education certificated instructional staff. The superintendent of public instruction shall calculate allocations for all state funded basic education certificated instructional staff by determining the district average salary for basic education instructional staff using the salary schedule specified in the appropriations act. However, no district shall receive an allocation based upon an average basic education certificated instructional staff salary which is less than the average of the district's 1986-87 actual basic education certificated instructional staff salaries adjusted to one hundred eighty-five days. When consideration is given to changes in the state-wide salary allocation schedule, first priority shall be given to the addition of longevity increments.

NEW SECTION. Sec. 205. A new section is added to chapter 28A.58 RCW to read as follows:

(1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section.

(2)(a) Salaries for certificated instructional staff shall not be less than the salary provided in the state-wide salary allocation schedule for an employee with a baccalaureate degree and zero years of service; and

(b) Salaries for certificated instructional staff with a masters degree shall not be less than the salary provided in the state-wide salary allocation schedule for an employee with a masters degree and zero years of service;

(3)(a) The actual average salary paid to basic education certificated instructional staff shall not exceed the district's average basic education certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to section 204 of this act.

(b) Any amount by which the average employee fringe benefit contribution for basic education certification instructional staff exceeds the amount per employee provided for fringe benefits for certificated instructional staff in the state operating appropriations act in effect at the time the compensation is payable, shall be included as salary under (a) of this subsection. For purposes of this section, fringe benefits shall not include the following:

(i) Payment for unused leave for illness or injury under RCW 28A.58.096; and

(ii) Employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system.

(c) Salary and benefits for certificated instructional staff in programs other than basic education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education program.

(4) Salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, additional responsibilities, incentives, or performance. Supplemental contracts shall not cause the state to incur any present or future funding obligation. Supplemental contracts shall be subject to the collective bargaining provisions of chapter 41.59 RCW and the provisions of RCW 28A.67.074, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.58.450 through 28A.58.515.

Sec. 206. Section 3, chapter 16, Laws of 1981 and RCW 41.59.935 are each amended to read as follows:

Nothing in this chapter shall be construed to grant employers or employees the right to reach agreements regarding salary or compensation increases in excess of those authorized in accordance with ((~~RCW 28A.58.095~~)) sections 204 and 205 of this 1987 act.

NEW SECTION. Sec. 207. The following acts or parts of acts are each repealed:

(1) Section 7, chapter 349, Laws of 1985 and RCW 28A.58.093;

(2) Section 2, chapter 16, Laws of 1981, section 1, chapter 275, Laws of 1983, section 1, chapter 245, Laws of 1984 and RCW 28A.58.095; and

(3) Section 4, chapter 16, Laws of 1981 and RCW 41.56.960.

NEW SECTION. Sec. 208. 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. 209. This act shall take effect September 1, 1987.