READ FIRST TIME 03/01/05.   

     AN ACT Relating to negotiating state patrol officer wages and wage-related matters; and amending RCW 41.56.473 and 41.56.475.

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

Sec. 1   RCW 41.56.473 and 1999 c 217 s 3 are each amended to read as follows:
     (1) In addition to the entities listed in RCW 41.56.020, this chapter applies to the ((Washington)) state ((patrol)) with respect to the officers of the Washington state patrol appointed under RCW 43.43.020((. Subjects of bargaining include wage-related matters)), except that the ((Washington)) state ((patrol)) is prohibited from negotiating ((rates of pay or wage levels and)) any matters relating to retirement benefits or health care benefits or other employee insurance benefits.
     (2) For the purposes of negotiating wages, wage-related matters, and nonwage matters, the state shall be represented by the governor or the governor's designee who is appointed under chapter 41.80 RCW, and costs of the negotiations under this section shall be reimbursed as provided in RCW 41.80.140.
     (3) The governor or the governor's designee shall consult with the chief of the Washington state patrol regarding collective bargaining.
     (4) The negotiation of provisions pertaining to wages and wage-related matters in a collective bargaining agreement between the ((Washington)) state ((patrol)) and the Washington state patrol officers is subject to the following:
     (a) The state's bargaining representative must periodically consult with a subcommittee of the joint committee on employment relations created in RCW 41.80.010(5) which shall consist of the four members appointed to the joint committee with leadership positions in the senate and the house of representatives, and the chairs and ranking minority members of the senate transportation committee and the house transportation committee, or their successor committees. The subcommittee must be consulted regarding the appropriations necessary to implement these provisions in a collective bargaining agreement and, on completion of negotiations, must be advised on the elements of these provisions.
     (b) Provisions that are entered into before the legislature approves the funds necessary to implement the provisions must be conditioned upon the legislature's subsequent approval of the funds.
     (5) The governor shall submit a request for funds necessary to implement the wage and wage-related matters in the collective bargaining agreement or for legislation necessary to implement the agreement. Requests for funds necessary to implement the provisions of bargaining agreements may not be submitted to the legislature by the governor unless such requests:
     (a) Have been submitted to the director of financial management by October 1st before the legislative session at which the requests are to be considered; and
     (b) Have been certified by the director of financial management as being feasible financially for the state or reflects the decision of an arbitration panel reached under RCW 41.56.475.

Sec. 2   RCW 41.56.475 and 1999 c 217 s 4 are each amended to read as follows:
     In addition to the classes of employees listed in RCW 41.56.030(7), the provisions of RCW 41.56.430 through 41.56.452 and 41.56.470, 41.56.480, and 41.56.490 also apply to Washington state patrol officers appointed under RCW 43.43.020 as provided in this section, subject to the following:
     (1) The mediator or arbitration panel may consider only matters that are subject to bargaining under RCW 41.56.473.
     (2) The decision of an arbitration panel is not binding on the legislature and, if the legislature does not approve the funds necessary to implement provisions pertaining to wages and wage-related matters of an arbitrated collective bargaining agreement, is not binding on the state or the Washington state patrol.
     (3) In making its determination, the arbitration panel shall be mindful of the legislative purpose enumerated in RCW 41.56.430 and, as additional standards or guidelines to aid it in reaching a decision, shall take into consideration the following factors:
     (a) The constitutional and statutory authority of the employer;
     (b) Stipulations of the parties;
     (c) Comparison of the hours and conditions of employment of personnel involved in the proceedings with the hours and conditions of employment of like personnel of like employers of similar size on the west coast of the United States;
     (d) Changes in any of the foregoing circumstances during the pendency of the proceedings; and
     (e) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of matters that are subject to bargaining under RCW 41.56.473.