2304-S AMH .... H3521.1

 

 

 

SHB 2304 - H AMD 0007 WITHDRAWN 1/18/02

By Representative

 

                                                                   

 

    On page 3, beginning on line 1, after "public." strike all material through "procedures." on line 3

 

    On page 3, line 6, strike "(1)"

 

    On page 3, beginning on line 16, strike all of subsections (2) and (3)

 

    On page 4, beginning on line 3, strike all of sections 203 and 204 and insert the following:

 

    "Sec. 203.  RCW 41.06.380 and 1979 ex.s. c 46 s 2 are each amended to read as follows:

    (1) Nothing contained in this chapter ((shall)) prohibits any department, as defined in RCW 41.06.020, from purchasing services by contract with individuals or business entities if such services were regularly purchased by valid contract by such department prior to April 23, 1979((:  PROVIDED, That no such)).

    (2) No contract referred to in subsection (1) of this section may be executed or renewed if it would have the effect of terminating classified employees or classified employee positions existing at the time of the execution or renewal of the contract except as provided in subsection (3) of this section.

    (3) This chapter does not prohibit the department of transportation until January 1, 2003, from purchasing services for highway maintenance or purchasing services for engineering and inspection, including services that have customarily and historically been provided by employees in the classified service under this chapter, by contracting with individuals, nonprofit organizations, businesses, or other entities.  after January 1, 2003, this chapter shall not prohibit the department of transportation from purchasing services, including services that have customarily and historically been provided by employees in the classified service under this chapter, by contracting with individuals, nonprofit organizations, businesses, or other entities.

 

    NEW SECTION.  Sec. 204.  Provisions of a collective bargaining agreement adopted under chapter 41.06 RCW that are in effect on the effective date of this section and that conflict with RCW 41.06.380, as amended by section 203 of this act, will 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 RCW 41.06.380.

 

    NEW SECTION.  Sec. 205.  On or before January 1, 2003, the secretary of transportation will report to the transportation committees of the house of representatives and senate on the current use of contracting out by the department and on further opportunities for contracting out within the department.  In recommending programs which might be performed by the private sector, the secretary will place emphasis on programs which could be undertaken at a lower cost by the private sector than by state employees, and programs in which the use of the private sector could augment the department's work force in order to increase the department's capacity to complete projects as quickly as possible.  The secretary may issue the report electronically by publishing it on the department's web site and by transmitting the report electronically to all members of the house of representatives and senate transportation committees."

 

    On page 4, strike lines 31 through 33

 

    On page 5, line 23, after "requirements" strike "of sections 301 through 308"

 

    On page 6, beginning on line 24, strike all of section 305

 

    Renumber the sections following consecutively and correct internal references accordingly.

 

    On page 7, after line 4, insert the following:

 

    "Sec. 307.  RCW 39.12.015 and 1965 ex.s. c 133 s 2 are each amended to read as follows:

    (1) All determinations of the prevailing rate of wage shall be made by the industrial statistician of the department of labor and industries.  By January 1, 2003, the industrial statistician shall determine the prevailing rate of wage using a stratified random sampling method.

    (2)(a) A stratified random sampling method shall be used to the broadest extent possible, subject to available resources.

    (b) If it is determined by the industrial statistician, in consultation with the prevailing wage advisory committee established in subsection (4) of this section, that sample size, strata size, or other factors do not permit the effective use of a stratified random sampling method, an equally reliable statistical method shall be used.

    (3) In order to ensure a fair and scientifically accurate stratified random sampling survey, the industrial statistician shall consult with the prevailing wage advisory committee established in subsection (4) of this section regarding the necessary scientific methods, implementation parameters, and resource allocations.

    (4) The director shall appoint a prevailing wage advisory committee composed of eleven members:  Four members representing subject workers, each of whom shall be appointed from a list of names submitted by a recognized statewide organization of employees, representing a majority of employees in a cross-section of state industries; four members representing subject employers, each of whom shall be appointed from a list of names submitted by a recognized statewide organization of employers, representing a majority of employers in a cross-section of state industries; and three ex officio members, without a vote, two of whom shall represent the counties, and the other representing the department.  The member representing the department shall be chairperson.  Labor, business, and county representatives shall include representatives from both large and small entities.  The committee shall, as necessary, report to the legislative committees dealing with commerce and labor regarding the implementation of this section.

    (5) Subsections (2), (3), and (4) of this section expire December 31, 2003."

 

    Renumber the sections following consecutively, correct internal references accordingly, and correct the title.

 

    On page 8, beginning on line 11, strike all of section 309

 

    Renumber the section following consecutively and correct internal references accordingly.

 


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