H-1915.2  _______________________________________________

                          HOUSE BILL 2212

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Mitchell and Mastin

Read first time .  Referred to Committee on .

Allowing contracting out by the department of transportation.

    AN ACT Relating to contracting out functions performed by transportation department personnel; amending RCW 41.06.380; and creating new sections.

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

NEW SECTION. Sec. 1.  The legislature finds that providing the citizens of Washington with the most safe, efficient, and effective transportation system requires that the state be able to take advantage of contracting out of services currently provided by the department of transportation.  The legislature finds that only a truly competitive environment can provide the greatest value for Washington's citizens, because a competitive environment will spur innovation in these activities, resulting in greater efficiency.

    The legislature finds that the statutory measures prohibiting such competitive activities must be removed, and that, before seeking additional tax revenues to fund transportation improvements, all opportunities for possible savings within existing funding schemes must be implemented.

    The legislature directs the department of transportation to examine all the available options inherent in this act in order to perform its work on behalf of the people of Washington state.

    Sec. 2.  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 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. 3.  Provisions of a collective bargaining agreement adopted under chapter 41.06 RCW that are in effect on the effective date of this act and that conflict with RCW 41.06.380, as amended by section 2 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.

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