S-1221.2                   _______________________________________________

                                                     SENATE BILL 5634

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Bauer, Newhouse, Snyder, Haugen, Gaspard, Vognild, Sutherland, Rinehart, Spanel, Talmadge, Winsley, McAuliffe, Moore and Drew

Read first time 02/05/93.  Referred to Committee on Government Operations.

Requiring state agencies to submit interagency disputes to arbitration before filing lawsuits.

          AN ACT Relating to disputes between state agencies; amending RCW 43.10.040; adding a new section to chapter 43.17 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  It is the intent of the legislature to reduce the number of time-consuming and costly lawsuits between state agencies by requiring arbitration of any dispute by a committee composed of neutral members of the governor's cabinet.

NEW SECTION. Sec. 2.  A new section is added to chapter 43.17 RCW to read as follows:

          (1) No state agency for which the executive officer is listed in RCW 42.17.2401 may bring suit against any other state agency for which the executive officer is listed in RCW 42.17.2401 unless the agency has first completed the arbitration procedures of subsection (2) of this section.

          (2)(a) Whenever a dispute arises between state agencies that cannot be resolved between the parties, a party shall file with the governor a request for arbitration.  The governor shall appoint an arbitration committee consisting of three departmental chief executive officers from among those listed in RCW 43.17.020.  No chief executive officer from a department affected by the dispute may be appointed.

          (b) The arbitration committee shall appoint a time and place for a hearing and notify the parties thereof, and may adjourn the hearing from time to time as may be necessary, and, on application of either party, and for good cause, may postpone the hearing.

          All the arbitrators shall meet and act together during the hearing but a majority of them may determine any question and render a final decision.

          (c) The decision of the arbitration committee shall be in writing and a copy shall be delivered to the parties and the governor.  The decision is binding on all parties unless overturned by a court.

        Sec. 3.  RCW 43.10.040 and 1965 c 8 s 43.10.040 are each amended to read as follows:

          The attorney general shall also represent the state and all officials, departments, boards, commissions, and agencies of the state in the courts, and before all administrative tribunals or bodies of any nature, in all legal or quasi legal matters, hearings, or proceedings, including arbitration proceedings under section 2 of this act, and advise all officials, departments, boards, commissions, or agencies of the state in all matters involving legal or quasi legal questions, except those declared by law to be the duty of the prosecuting attorney of any county.

                                                           --- END ---