FINAL BILL REPORT

ESB 6092

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background: Employees of cities, counties, and other political subdivisions bargain their wages and working conditions under the Public Employee's Collective Bargaining Act (PECBA). For certain uniformed personnel, PECBA provides for binding interest arbitration if negotiations for a contract reach impasse and cannot be resolved through mediation. Under the interest arbitration process, the director of the Public Employment Relations Commission (PERC), in consultation with the mediator, certifies a list of unresolved mandatory subjects of bargaining for an impartial third-party arbitrator to consider and resolve. Uniformed personnel currently entitled to interest arbitration as a process for dispute resolution include police officers and state troopers, certain correctional employees, firefighters, security forces at a nuclear power plant, and publicly employed advanced life support technicians.

Superior and district courts are authorized by statute to collect filing fees and other fees for court services. Depending on the type of filing and court, revenue from court fees is shared with the state. In every district court, there is a small claims department to hear cases to recovery money only if the amount claimed does not exceed $5,000. The statutory filing fee for a small claims action is $14 and county legislative authorities are allowed to impose a surcharge up to $15 for the purpose of funding dispute resolution centers. Between July 1, 2009, and July 1, 2013, the state imposed a $10 surcharge on each small claims action, of which 25 percent was retained by the county and 75 percent was remitted to the State Treasurer for deposit into the judicial stabilization trust account.

Summary: Court marshals of any county are added to the list of uniformed personnel entitled to use interest arbitration under PECBA, provided the marshals are:

employed by, trained for, and commissioned by the county sheriff; and
charged with the responsibility of enforcing laws, protecting and maintaining security in all county-owned or contracted property, and performing any other duties assigned to them by the county sheriff or mandated by judicial order.

Votes on Final Passage:

Senate

First Special Session

Senate

Second Special Session

Senate	35	9
House	62	33