BILL REQ. #:  S-1327.1 

READ FIRST TIME 03/02/05.   

     AN ACT Relating to negotiating state patrol officer wages and wage-related matters; amending RCW 41.56.473 and 41.56.475; providing an effective date; and declaring an emergency.

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, the state shall be represented by the chief of the Washington state patrol.
     (3) The chief of the Washington state patrol shall consult with the governor or the governor's designee regarding employment relations.
     (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 chief of the Washington state patrol 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.

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.

NEW SECTION.  Sec. 3   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005.