H-2943.1 _______________________________________________
HOUSE BILL 2287
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Representatives Cooper, O'Brien, Veloria, Fromhold, Reardon, Conway, McIntire, Simpson, Schual‑Berke, Fisher, Tokuda, McDermott, Wood, Kirby, Edwards, Haigh, Kenney and Dickerson
Read first time 01/14/2002. Referred to Committee on Transportation.
AN ACT Relating to restrictions on public passenger transportation system agreements for services by private entities; amending RCW 35.84.060 and 39.33.050; adding a new section to chapter 36.56 RCW; adding a new section to chapter 36.57 RCW; adding a new section to chapter 36.57A RCW; and adding a new section to chapter 81.112 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 35.84.060 and 1969 ex.s. c 281 s 26 are each amended to read as follows:
(1) Every municipal corporation which owns or operates an urban public transportation system as defined in RCW 47.04.082 within its corporate limits, may acquire, construct, extend, own, or operate such urban public transportation system to any point or points not to exceed fifteen miles outside of its corporate limits: PROVIDED, That no municipal corporation shall extend its urban public transportation system beyond its corporate limits to operate in any territory already served by a privately operated auto transportation company holding a certificate of public convenience and necessity from the utilities and transportation commission.
(2) A municipal corporation may not enter into any contract or agreement whereby a private entity provides services to the corporation, if:
(a) The services provided under the contract are of the type typically or historically provided by public passenger transportation system employees covered by RCW 41.56.492; and
(b) The wages, pension, sick leave, vacation time, and other benefits to be provided to employees of the private entity are less than those provided to public passenger transportation system employees with the same or similar duties.
(3) Prior to entering into any contract or agreement whereby a private entity provides the services specified in subsection (2) of this section to a corporation, the corporation shall notify all affected labor organizations of its intent to enter into such contract or agreement, and provide the affected labor organizations with all relevant information regarding the proposed contract or agreement.
(4) Nothing in this section may be construed as limiting a corporation's duties to bargain with labor organizations, as provided by chapter 41.56 RCW.
NEW SECTION. Sec. 2. A new section is added to chapter 36.56 RCW to read as follows:
(1) A county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation may not enter into any contract or agreement whereby a private entity provides services to the county, if:
(a) The services provided under the contract are of the type typically or historically provided by public passenger transportation system employees covered by RCW 41.56.492; and
(b) The wages, pension, sick leave, vacation time, and other benefits to be provided to employees of the private entity are less than those provided to public passenger transportation system employees with the same or similar duties.
(2) Prior to entering into any contract or agreement whereby a private entity provides the services specified in subsection (1) of this section to a county, the county shall notify all affected labor organizations of its intent to enter into such contract or agreement, and provide the affected labor organizations with all relevant information regarding the proposed contract or agreement.
(3) Nothing in this section may be construed as limiting a county's duties to bargain with labor organizations, as provided by chapter 41.56 RCW.
NEW SECTION. Sec. 3. A new section is added to chapter 36.57 RCW to read as follows:
(1) A county public transportation authority may not enter into any contract or agreement whereby a private entity provides services to the authority, if:
(a) The services provided under the contract are of the type typically or historically provided by public passenger transportation system employees covered by RCW 41.56.492; and
(b) The wages, pension, sick leave, vacation time, and other benefits to be provided to employees of the private entity are less than those provided to public passenger transportation system employees with the same or similar duties.
(2) Prior to entering into any contract or agreement whereby a private entity provides services to an authority, the authority shall notify all affected labor organizations of its intent to enter into such contract or agreement, and provide the affected labor organizations with all relevant information regarding the proposed contract or agreement.
(3) Nothing in this section may be construed as limiting an authority's duties to bargain with labor organizations, as provided by chapter 41.56 RCW.
NEW SECTION. Sec. 4. A new section is added to chapter 36.57A RCW to read as follows:
(1) A public transportation benefit area authority may not enter into any contract or agreement whereby a private entity provides services to the authority, if:
(a) The services provided under the contract are of the type typically or historically provided by public passenger transportation system employees covered by RCW 41.56.492; and
(b) The wages, pension, sick leave, vacation time, and other benefits to be provided to employees of the private entity are less than those provided to public passenger transportation system employees with the same or similar duties.
(2) Prior to entering into any contract or agreement whereby a private entity provides services to an authority, the authority shall notify all affected labor organizations of its intent to enter into such contract or agreement, and provide the affected labor organizations with all relevant information regarding the proposed contract or agreement.
(3) Nothing in this section may be construed as limiting an authority's duties to bargain with labor organizations, as provided by chapter 41.56 RCW.
Sec. 5. RCW 39.33.050 and 1969 ex.s. c 255 s 16 are each amended to read as follows:
(1) The legislative body of any municipal corporation, quasi municipal corporation, or political subdivision of the state of Washington authorized to develop and operate a public mass transportation system shall have power to contract with the legislative body of any other municipal corporation, quasi municipal corporation, or political subdivision of the state of Washington, or with any person, firm, or corporation for public transportation services or for the use of all or any part of any publicly owned transportation facilities for such period and under such terms and conditions and upon such rentals, fees, and charges as the legislative body operating such public transportation system may determine, and may pledge all or any portion of such rentals, fees, and charges and all other revenue derived from the ownership or operation of publicly owned transportation facilities to pay and to secure the payment of general obligation bonds and/or revenue bonds of such municipality issued for the purpose of acquiring or constructing a public mass transportation system.
(2) The legislative body of any municipal corporation, quasi municipal corporation, or political subdivision of the state of Washington authorized to develop and operate a public mass transportation system may not enter into any contract or agreement whereby a private entity provides services to the system, if:
(a) The services provided under the contract are of the type typically or historically provided by public passenger transportation system employees covered by RCW 41.56.492; and
(b) The wages, pension, sick leave, vacation time, and other benefits to be provided to employees of the private entity are less than those provided to public passenger transportation system employees with the same or similar duties.
(3) Prior to entering into any contract or agreement whereby a private entity provides the services specified in subsection (2) of this section, the legislative body shall notify all affected labor organizations of its intent to enter into such contract or agreement, and provide the affected labor organizations with all relevant information regarding the proposed contract or agreement.
(4) Nothing in this section may be construed as limiting the duty to bargain with labor organizations, as provided by chapter 41.56 RCW.
NEW SECTION. Sec. 6. A new section is added to chapter 81.112 RCW to read as follows:
(1) A regional transit authority may not enter into any contract or agreement whereby a private entity provides services to the authority, if:
(a) The services provided under the contract are of the type typically or historically provided by public passenger transportation system employees covered by RCW 41.56.492; and
(b) The wages, pension, sick leave, vacation time, and other benefits to be provided to employees of the private entity are less than those provided to public passenger transportation system employees with the same or similar duties.
(2) Prior to entering into any contract or agreement whereby a private entity provides services to an authority, the authority shall notify all affected labor organizations of its intent to enter into such contract or agreement, and provide the affected labor organizations with all relevant information regarding the proposed contract or agreement.
(3) Nothing in this section may be construed as limiting an authority's duties to bargain with labor organizations, as provided by chapter 41.56 RCW.
--- END ---