HB 2271 -
By Senators Haugen, Swecker
ADOPTED AS AMENDED 03/03/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 It is the intent of the legislature that
final recommendations from the joint transportation committee ferry
study, submitted to the legislature during the 2009 regular legislative
session, be enacted by the legislature and implemented by the
department of transportation as soon as practicable in order to benefit
from the efficiencies and cost savings identified in the
recommendations. It is also the intent of the legislature to make
various additional policy changes aimed at further efficiencies and
cost savings. Since the study began in 2006, recommendations have been
made with regard to long range planning and implementing the most
efficient and effective balance between ferry capital and operating
investments. It is intended that this act, the 2009-2011 omnibus
transportation appropriations act, and subsequent transportation
appropriations acts serve as vehicles for enacting these
recommendations in order to maximize the utilization of existing
capacity and to make the most efficient use of existing assets and tax
dollars.
Sec. 2 RCW 47.60.355 and 2007 c 512 s 11 are each amended to read
as follows:
(1) Terminal and vessel preservation funding requests shall only be
for assets in the life-cycle cost model.
(2) Terminal and vessel preservation funding requests that exceed
five million dollars per project must be accompanied by a predesign
study. The predesign study must include all elements required by the
office of financial management.
Sec. 3 RCW 47.60.365 and 2007 c 512 s 12 are each amended to read
as follows:
The department shall develop terminal and vessel design standards
that:
(1) Adhere to vehicle level of service standards as described in
RCW 47.06.140;
(2) Adhere to operational strategies as described in RCW 47.60.327;
and
(3) Choose the most efficient balance between capital and operating
investments by using a life-cycle cost analysis.
Sec. 4 RCW 47.60.375 and 2008 c 124 s 3 are each amended to read
as follows:
(1) The capital plan must adhere to the following:
(a) A current ridership demand forecast;
(b) Vehicle level of service standards as described in RCW
47.06.140;
(c) Operational strategies as described in RCW 47.60.327; and
(d) Terminal and vessel design standards as described in RCW
47.60.365.
(2) The capital plan must include the following:
(a) A current vessel preservation plan;
(b) A current systemwide vessel rebuild and replacement plan as
described in RCW 47.60.377;
(c) A current vessel deployment plan; and
(d) A current terminal preservation plan that adheres to the life-cycle cost model on capital assets as described in RCW 47.60.345.
Sec. 5 RCW 47.60.385 and 2008 c 124 s 6 are each amended to read
as follows:
(1) Terminal improvement, vessel improvement, and vessel
acquisition project funding requests must adhere to the capital plan((.)), include route-based planning, and be submitted with a
predesign study that:
(2) Requests for terminal improvement design and construction
funding must
(a) Includes all elements required by the office of financial
management;
(b) Separately identifies basic terminal and vessel elements
essential for operation and their costs;
(c) Separately identifies additional elements to provide ancillary
revenue and customer comfort and their costs;
(d) Includes construction phasing options that are consistent with
forecasted ridership increases;
(e) Separately identifies additional elements requested by local
governments and the cost and proposed funding source of those elements;
(f) Separately identifies multimodal elements and the cost and
proposed funding source of those elements; ((and))
(g) Identifies all contingency amounts((.));
(h)[(3)] When planning for new vessel acquisitions, the department
must evaluate the long-term vessel operating costs related to fuel
efficiency and staffing
(h) Identifies any terminal, vessel, or other capital modifications
that would be required as a result of the proposed capital project;
(i) Includes planned service modifications as a result of the
proposed capital project, and the consistency of those service
modifications with the capital plan; and
(j) Demonstrates the evaluation of long-term operating costs
including fuel efficiency, staffing, and preservation.
(2) The department shall prioritize vessel preservation and
acquisition funding requests over vessel improvement funding requests.
NEW SECTION. Sec. 6 A new section is added to chapter 47.60 RCW
to read as follows:
(1) In addition to the requirements of RCW 47.60.385(1), initial
requests for, and substantial modification requests to, vessel
acquisition funding must be submitted with a predesign study that:
(a) Includes a business decision case on vessel sizing;
(b) Includes an updated vessel deployment plan demonstrating
maximum use of existing vessels, and an updated systemwide vessel
rebuild and replacement plan;
(c) Includes an analysis that demonstrates that acquiring a new
vessel or improving an existing vessel is more cost-effective than
other alternatives considered. At a minimum, alternatives explored
must include:
(i) Alternatives to new vessel construction that increase capacity
of existing vessels;
(ii) Service level changes in lieu of adding vessel capacity; and
(iii) Acquiring existing vessels or existing vessel plans rather
than wholly new vessels or vessel plans; and
(d) Demonstrates that the vessel proposed for improvement,
construction, or purchase, if intended to replace an existing vessel or
to place an existing vessel into inactive or reserve status, is
consistent with the scheduled replacements in the rebuild and
replacement plan.
(2) In addition to the requirements of RCW 47.60.385(1), initial
requests for, and substantial modification requests to, vessel
improvement funding must be submitted with a predesign study that
includes:
(a) An explanation of any regulatory changes necessitating the
improvement;
(b) The requirements under subsection (1) of this section, if the
improvement modifies the capacity of a vessel;
(c) A cost-benefit analysis of any modifications designed to
improve fuel efficiency, including potential impacts on vessel
maintenance and repair; and
(d) An assessment of out-of-service time associated with making the
improvement and ongoing preservation of the improvement.
NEW SECTION. Sec. 7 A new section is added to chapter 47.60 RCW
to read as follows:
(1) The legislature finds measuring the performance of Washington
state ferries requires the measurement of quality, timeliness, and unit
cost of services delivered to customers. Consequently, the department
must develop a set of metrics that measure that performance and report
to the transportation committees of the house of representatives and
senate and to the office of financial management on the development of
these measurements along with recommendations to the 2011 legislature
on which measurements must become a part of the next transportation
budget.
(2) Annually, the department shall report to the transportation
committees of the legislature statistics regarding its on-time arrival
and departure status on a route-by-route and month-by-month basis, as
well as an annual route-by-route and systemwide basis, weighted by the
number of customers on each sailing and distinguishing peak period on-time performance. The statistics must include reasons for any delays
over ten minutes from the scheduled time. The statistics must be
prominently displayed on the Washington state ferries' web site. Each
Washington state ferries vessel and terminal must prominently display
the statistics as they relate to their specific route.
NEW SECTION. Sec. 8 (1) Signage must be prominently displayed at
each terminal and on each vessel that informs the public that assaults
on Washington state employees will be prosecuted to the full extent of
the law.
(2) The department shall investigate the frequency, severity, and
prosecutorial results of assaults on Washington state ferries employees
and, if appropriate, make recommendations to the transportation
committees of the senate and house of representatives during the 2011
legislative session regarding methods to decrease the number of
assaults on employees and procedures for prosecuting those who assault
employees.
(3) This section expires June 30, 2011.
Sec. 9 RCW 47.28.030 and 2007 c 218 s 90 are each amended to read
as follows:
(1)(a) A state highway shall be constructed, altered, repaired, or
improved, and improvements located on property acquired for
right-of-way purposes may be repaired or renovated pending the use of
such right-of-way for highway purposes, by contract or state forces.
The work or portions thereof may be done by state forces when the
estimated costs thereof are less than fifty thousand dollars and
effective July 1, 2005, sixty thousand dollars((: PROVIDED, That)).
(b) When delay of performance of such work would jeopardize a state
highway or constitute a danger to the traveling public, the work may be
done by state forces when the estimated cost thereof is less than
eighty thousand dollars and effective July 1, 2005, one hundred
thousand dollars.
(c) When the department of transportation determines to do the work
by state forces, it shall enter a statement upon its records to that
effect, stating the reasons therefor.
(d) To enable a larger number of small businesses, and minority,
and women contractors to effectively compete for department of
transportation contracts, the department may adopt rules providing for
bids and award of contracts for the performance of work, or furnishing
equipment, materials, supplies, or operating services whenever any work
is to be performed and the engineer's estimate indicates the cost of
the work would not exceed eighty thousand dollars and effective July 1,
2005, one hundred thousand dollars.
(2) The rules adopted under this section:
(((1))) (a) Shall provide for competitive bids to the extent that
competitive sources are available except when delay of performance
would jeopardize life or property or inconvenience the traveling
public; and
(((2))) (b) Need not require the furnishing of a bid deposit nor a
performance bond, but if a performance bond is not required then
progress payments to the contractor may be required to be made based on
submittal of paid invoices to substantiate proof that disbursements
have been made to laborers, material suppliers, mechanics, and
subcontractors from the previous partial payment; and
(((3))) (c) May establish prequalification standards and procedures
as an alternative to those set forth in RCW 47.28.070, but the
prequalification standards and procedures under RCW 47.28.070 shall
always be sufficient.
(3) The department of transportation shall comply with such goals
and rules as may be adopted by the office of minority and women's
business enterprises to implement chapter 39.19 RCW with respect to
contracts entered into under this chapter. The department may adopt
such rules as may be necessary to comply with the rules adopted by the
office of minority and women's business enterprises under chapter 39.19
RCW.
(4)(a) For the period of July 1, 2010, through June 30, 2011, work
for less than seventy-five thousand dollars may be performed on ferry
vessels and terminals by state forces.
(b) The department shall hire a disinterested, third party to
conduct an independent analysis to identify methods of reducing out-of-service times for vessel maintenance, preservation, and improvement
projects. The analysis must include options to extend the hours and
days of operation at Eagle Harbor maintenance facility, consolidating
work while vessels are at shipyards by having state forces perform
services traditionally performed at Eagle Harbor at the shipyard, and
decreasing the allowable time at shipyards. The analysis must also
compare the out-of-service vessel times of performing services by state
forces versus contracting out those services which in turn must be used
to form a recommendation as to what the threshold of work performed on
ferry vessels and terminals by state forces should be. This analysis
must be presented to the transportation committees of the senate and
house of representatives by December 1, 2010.
(c) The department shall develop a proposed ferry vessel
maintenance, preservation, and improvement program and present it to
the transportation committees of the senate and house of
representatives by December 1, 2010. The proposed program must:
(i) Improve the basis for budgeting vessel maintenance,
preservation, and improvement costs and for projecting those costs into
a sixteen-year financial plan;
(ii) Limit the amount of planned out-of-service time to the
greatest extent possible, including options associated with department
staff as well as commercial shipyards; and
(iii) Be based on the service plan in the capital plan, recognizing
that vessel preservation and improvement needs may vary by route.
(d) In developing the proposed ferry vessel maintenance,
preservation, and improvement program, the department shall consider
the following, related to reducing vessel out-of-service time:
(i) The costs compared to benefits of Eagle Harbor repair and
maintenance facility operations options to include staffing costs and
benefits in terms of reduced out-of-service time;
(ii) The maintenance requirements for on-vessel staff, including
the benefits of a systemwide standard;
(iii) The costs compared to benefits of staff performing
preservation or maintenance work, or both, while the vessel is
underway, tied up between sailings, or not deployed;
(iv) A review of the department's vessel maintenance, preservation,
and improvement program contracting process and contractual
requirements;
(v) The costs compared to benefits of allowing for increased costs
associated with expedited delivery;
(vi) A method for comparing the anticipated out-of-service time of
proposed projects and other projects planned during the same
construction period;
(vii) Coordination with required United States coast guard dry
dockings;
(viii) A method for comparing how proposed projects relate to the
service requirements of the route on which the vessel normally
operates; and
(ix) A method for evaluating the ongoing maintenance and
preservation costs associated with proposed improvement projects.
Sec. 10 RCW 47.64.006 and 1989 c 327 s 1 are each amended to read
as follows:
The legislature declares that it is the public policy of the state
of Washington to: (1) Provide continuous operation of the Washington
state ferry system at reasonable cost to users; (2) efficiently provide
levels of ferry service consistent with trends and forecasts of ferry
usage; (3) promote harmonious and cooperative relationships between the
ferry system and its employees by permitting ferry employees to
organize and bargain collectively; (4) protect the citizens of this
state by assuring effective and orderly operation of the ferry system
in providing for their health, safety, and welfare; (5) prohibit and
prevent all strikes or work stoppages by ferry employees; (6) protect
the rights of ferry employees with respect to employee organizations;
and (7) promote just and fair compensation, benefits, and working
conditions for ferry system employees ((as compared with public and
private sector employees in states along the west coast of the United
States, including Alaska, and in British Columbia in directly
comparable but not necessarily identical positions)).
Sec. 11 RCW 47.64.120 and 2006 c 164 s 3 are each amended to read
as follows:
(1) The employer and ferry system employee organizations, through
their collective bargaining representatives, shall meet at reasonable
times, to negotiate in good faith with respect to wages, hours, working
conditions, insurance, and health care benefits as limited by RCW
47.64.270, and other matters mutually agreed upon. Employer funded
retirement benefits shall be provided under the public employees
retirement system under chapter 41.40 RCW and shall not be included in
the scope of collective bargaining. Any retirement system or
retirement benefits shall not be subject to collective bargaining.
(2) Upon ratification of bargaining agreements, ferry employees are
entitled to an amount equivalent to the interest earned on retroactive
compensation increases. For purposes of this section, the interest
earned on retroactive compensation increases is the same monthly rate
of interest that was earned on the amount of the compensation increases
while held in the state treasury. The interest will be computed for
each employee until the date the retroactive compensation is paid, and
must be allocated in accordance with appropriation authority. The
interest earned on retroactive compensation is not considered part of
the ongoing compensation obligation of the state and is not
compensation earnable for the purposes of chapter 41.40 RCW.
Negotiations shall also include grievance procedures for resolving any
questions arising under the agreement, which shall be embodied in a
written agreement and signed by the parties.
(3) Except as otherwise provided in this chapter, if a conflict
exists between an executive order, administrative rule, or agency
policy relating to wages, hours, and terms and conditions of employment
and a collective bargaining agreement negotiated under this chapter,
the collective bargaining agreement shall prevail. A provision of a
collective bargaining agreement that conflicts with the terms of a
statute is invalid and unenforceable.
Sec. 12 RCW 47.64.170 and 2007 c 160 s 1 are each amended to read
as follows:
(1) Any ferry employee organization certified as the bargaining
representative shall be the exclusive representative of all ferry
employees in the bargaining unit and shall represent all such employees
fairly.
(2) A ferry employee organization or organizations and the governor
may each designate any individual as its representative to engage in
collective bargaining negotiations.
(3) Negotiating sessions, including strategy meetings of the
employer or employee organizations, mediation, and the deliberative
process of arbitrators are exempt from the provisions of chapter 42.30
RCW. Hearings conducted by arbitrators may be open to the public by
mutual consent of the parties.
(4) Terms of any collective bargaining agreement may be enforced by
civil action in Thurston county superior court upon the initiative of
either party.
(5) Ferry system employees or any employee organization shall not
negotiate or attempt to negotiate directly with anyone other than the
person who has been appointed or authorized a bargaining representative
for the purpose of bargaining with the ferry employees or their
representative.
(6)(a) Within ten working days after the first Monday in September
of every odd-numbered year, the parties shall attempt to agree on an
interest arbitrator to be used if the parties are not successful in
negotiating a comprehensive collective bargaining agreement. If the
parties cannot agree on an arbitrator within the ten-day period, either
party may request a list of seven arbitrators from the federal
mediation and conciliation service. The parties shall select an
interest arbitrator using the coin toss/alternate strike method within
thirty calendar days of receipt of the list. Immediately upon
selecting an interest arbitrator, the parties shall cooperate to
reserve dates with the arbitrator for potential arbitration between
August 1st and September 15th of the following even-numbered year. The
parties shall also prepare a schedule of at least five negotiation
dates for the following year, absent an agreement to the contrary. The
parties shall execute a written agreement before November 1st of each
odd-numbered year setting forth the name of the arbitrator and the
dates reserved for bargaining and arbitration. This subsection (6)(a)
imposes minimum obligations only and is not intended to define or limit
a party's full, good faith bargaining obligation under other sections
of this chapter.
(b) The negotiation of a proposed collective bargaining agreement
by representatives of the employer and a ferry employee organization
shall commence on or about February 1st of every even-numbered year.
(c) For negotiations covering the 2009-2011 biennium and subsequent
biennia, the time periods specified in this section, and in RCW
47.64.210 and 47.64.300 through 47.64.320, must ensure conclusion of
all agreements on or before October 1st of the even-numbered year next
preceding the biennial budget period during which the agreement should
take effect. These time periods may only be altered by mutual
agreement of the parties in writing. Any such agreement and any
impasse procedures agreed to by the parties under RCW 47.64.200 must
include an agreement regarding the new time periods that will allow
final resolution by negotiations or arbitration by October 1st of each
even-numbered year.
(7) ((Until a new collective bargaining agreement is in effect, the
terms and conditions of the previous collective bargaining agreement
shall remain in force.)) It is the intent of this section that the
collective bargaining agreement or arbitrator's award shall commence on
July 1st of each odd-numbered year and shall terminate on June 30th of
the next odd-numbered year to coincide with the ensuing biennial budget
year, as defined by RCW 43.88.020(7), to the extent practical. It is
further the intent of this section that all collective bargaining
agreements be concluded by October 1st of the even-numbered year before
the commencement of the biennial budget year during which the
agreements are to be in effect. After the expiration date of a
collective bargaining agreement negotiated under this chapter, all of
the terms and conditions specified in the collective bargaining
agreement remain in effect until the effective date of a subsequently
negotiated agreement, not to exceed one year from the expiration date
stated in the agreement. Thereafter, the employer may unilaterally
implement according to law.
(8)(a) The governor shall submit a request either for funds
necessary to implement the collective bargaining agreements including,
but not limited to, the compensation and fringe benefit provisions or
for legislation necessary to implement the agreement, or both.
Requests for funds necessary to implement the collective bargaining
agreements shall not be submitted to the legislature by the governor
unless such requests:
(i) Have been submitted to the director of the office of financial
management by October 1st before the legislative session at which the
requests are to be considered; and
(ii) Have been certified by the director of the office of financial
management as being feasible financially for the state.
(b) The governor shall submit a request either for funds necessary
to implement the arbitration awards or for legislation necessary to
implement the arbitration awards, or both. Requests for funds
necessary to implement the arbitration awards shall not be submitted to
the legislature by the governor unless such requests have been
submitted to the director of the office of financial management by
October 1st before the legislative session at which the requests are to
be considered. Requests for funds necessary to implement the
arbitration awards shall not be submitted to the legislature by the
governor unless such requests:
(i) Have been submitted to the director of the office of financial
management by October 1st before the legislative session at which the
requests are to be considered; and
(ii) Have been certified by the director of the office of financial
management as being feasible financially for the state.
(c) The legislature shall approve or reject the submission of the
request for funds necessary to implement the collective bargaining
agreements or arbitration awards as a whole for each agreement or
award. The legislature shall not consider a request for funds to
implement a collective bargaining agreement or arbitration award unless
the request is transmitted to the legislature as part of the governor's
budget document submitted under RCW 43.88.030 and 43.88.060. If the
legislature rejects or fails to act on the submission, either party may
reopen all or part of the agreement and award or the exclusive
bargaining representative may seek to implement the procedures provided
for in RCW 47.64.210 and 47.64.300.
(9) If, after the compensation and fringe benefit provisions of an
agreement or arbitration award are approved by the legislature, a
significant revenue shortfall occurs resulting in reduced
appropriations, as declared by proclamation of the governor or by
resolution of the legislature, both parties shall immediately enter
into collective bargaining for a mutually agreed upon modification of
the agreement or award.
Sec. 13 RCW 47.64.200 and 2006 c 164 s 7 are each amended to read
as follows:
As the first step in the performance of their duty to bargain, the
employer and the employee organization shall endeavor to agree upon
impasse procedures. ((Unless otherwise agreed to by the employee
organization and the employer in their impasse procedures, the
arbitrator or panel is limited to selecting the most reasonable offer,
in its judgment, of the final offers on each impasse item submitted by
the parties.)) The arbitrator shall make written findings of fact and
a written determination of the issues in dispute, based on the evidence
presented. The employee organization and the employer may mutually
agree to the impasse procedure under which the arbitrator or panel may
issue a decision it deems just and appropriate with respect to each
impasse item. If the parties fail to agree upon impasse procedures
under this section, the impasse procedures provided in RCW 47.64.210
and 47.64.230 and 47.64.300 through 47.64.320 apply. It is unlawful
for either party to refuse to participate in the impasse procedures
provided in RCW 47.64.210 and 47.64.230 and 47.64.300 through
47.64.320.
Sec. 14 RCW 47.64.280 and 2006 c 164 s 18 are each amended to
read as follows:
(1) There is created the marine employees' commission. The
governor shall appoint the commission with the consent of the senate.
The commission shall consist of three members: One member to be
appointed from labor, one member from industry, and one member from the
public who has significant knowledge of maritime affairs. The public
member shall be chair of the commission. One of the original members
shall be appointed for a term of three years, one for a term of four
years, and one for a term of five years. Their successors shall be
appointed for terms of five years each, except that any person chosen
to fill a vacancy shall be appointed only for the unexpired term of the
member whom he or she succeeds. Commission members are eligible for
reappointment. Any member of the commission may be removed by the
governor, upon notice and hearing, for neglect of duty or malfeasance
in office, but for no other cause. Commission members are not eligible
for state retirement under chapter 41.40 RCW by virtue of their service
on the commission. Members of the commission shall be compensated in
accordance with RCW 43.03.250 and shall receive reimbursement for
official travel and other expenses at the same rate and on the same
terms as provided for the transportation commission by RCW 47.01.061.
The payments shall be made from the Puget Sound ferry operations
account.
(2) The commission shall: (a) Adjust all complaints, grievances,
and disputes between labor and management arising out of the operation
of the ferry system as provided in RCW 47.64.150; (b) provide for
impasse mediation as required in RCW 47.64.210; and (c) ((provide
salary surveys as required in RCW 47.64.220; and (d))) perform those
duties required in RCW 47.64.300.
(3)(a) In adjudicating all complaints, grievances, and disputes,
the party claiming labor disputes shall, in writing, notify the
commission, which shall make careful inquiry into the cause thereof and
issue an order advising the ferry employee, or the ferry employee
organization representing him or her, and the department of
transportation, as to the decision of the commission.
(b) The parties are entitled to offer evidence relating to disputes
at all hearings conducted by the commission. The orders and awards of
the commission are final and binding upon any ferry employee or
employees or their representative affected thereby and upon the
department.
(c) The commission shall adopt rules of procedure under chapter
34.05 RCW.
(d) The commission has the authority to subpoena any ferry employee
or employees, or their representatives, and any member or
representative of the department, and any witnesses. The commission
may require attendance of witnesses and the production of all pertinent
records at any hearings held by the commission. The subpoenas of the
commission are enforceable by order of any superior court in the state
of Washington for the county within which the proceeding may be
pending. The commission may hire staff as necessary, appoint
consultants, enter into contracts, and conduct studies as reasonably
necessary to carry out this chapter.
Sec. 15 RCW 47.64.320 and 2006 c 164 s 14 are each amended to
read as follows:
(1) The mediator, arbitrator, or arbitration panel may consider
only matters that are subject to bargaining under this chapter, except
that health care benefits are not subject to interest arbitration.
(2) The decision of an arbitrator or arbitration panel is not
binding on the legislature and, if the legislature does not approve the
funds necessary to implement provisions pertaining to compensation and
fringe benefit provisions of an arbitrated collective bargaining
agreement, is not binding on the state, the department of
transportation, or the ferry employee organization.
(3) In making its determination, the arbitrator or arbitration
panel shall be mindful of the legislative purpose under RCW 47.64.005
and 47.64.006 and, as additional standards or guidelines to aid it in
reaching a decision, shall take into consideration the following
factors:
(a) The financial ability of the department to pay for the
compensation and fringe benefit provisions of a collective bargaining
agreement;
(b) Past collective bargaining contracts between the parties
including the bargaining that led up to the contracts;
(((b))) (c) The constitutional and statutory authority of the
employer;
(((c))) (d) Stipulations of the parties;
(((d) The results of the salary survey as required in RCW
47.64.220;)) (e) Changes in any of the foregoing circumstances during the
pendency of the proceedings;
(e) Comparison of wages, hours, employee benefits, and conditions
of employment of the involved ferry employees with those of public and
private sector employees in states along the west coast of the United
States, including Alaska, and in British Columbia doing directly
comparable but not necessarily identical work, giving consideration to
factors peculiar to the area and the classifications involved;
(f)
(((g))) (f) The limitations on ferry toll increases and operating
subsidies as may be imposed by the legislature; ((and)) (g) The ability of the state to retain ferry employees;
(h)
(h) Comparison of wages, hours, employee benefits, and conditions
of employment of the involved ferry employees with those of other
public employees in the state;
(i) The overall compensation presently received by the ferry
employees, including direct wage compensation, vacations, holidays and
other paid excused time, pensions, insurance benefits, and all other
direct or indirect monetary benefits received;
(j) The implicit price deflator for personal consumption index; and
(k) Other factors that are normally or traditionally taken into
consideration in the determination of matters that are subject to
bargaining under this chapter.
NEW SECTION. Sec. 16 A new section is added to chapter 47.60 RCW
to read as follows:
The department shall not allow free passage on any ferry vessel
operated by the department to:
(1) Any department employee unless it is directly related to the
employee's job duties, directly reporting to duty, or directly
returning home from duty;
(2) Any former department employee or their families; or
(3) Any department employee's family members.
NEW SECTION. Sec. 17 The following acts or parts of acts are
each repealed:
(1) RCW 47.61.010 (Authority to enter into agreement and apply for
financial assistance) and 1984 c 7 s 338 & 1965 ex.s. c 56 s 1;
(2) RCW 47.61.020 (Bonds for matching funds -- Issuance and sale) and
1965 ex.s. c 56 s 2;
(3) RCW 47.61.030 (Term of bonds -- Terms and conditions) and 1965
ex.s. c 56 s 3;
(4) RCW 47.61.040 (Bonds -- Signatures -- Registration -- Where payable--Negotiable instruments) and 1965 ex.s. c 56 s 4;
(5) RCW 47.61.050 (Bonds -- Denominations -- Manner and terms of sale--Legal investment for state funds) and 1965 ex.s. c 56 s 5;
(6) RCW 47.61.060 (Proceeds of bonds -- Deposit and use) and 1965
ex.s. c 56 s 6;
(7) RCW 47.61.070 (Statement describing nature of bond obligation--Pledge of excise taxes) and 1965 ex.s. c 56 s 7;
(8) RCW 47.61.080 (Bonds to reflect terms and conditions of grant
agreement) and 1965 ex.s. c 56 s 8;
(9) RCW 47.61.090 (Designation of funds to repay bonds and
interest) and 1984 c 7 s 339 & 1965 ex.s. c 56 s 9;
(10) RCW 47.61.100 (Bond repayment procedure -- Highway bond
retirement fund) and 1965 ex.s. c 56 s 10;
(11) RCW 47.61.110 (Sums in excess of bond retirement
requirements -- Use) and 1965 ex.s. c 56 s 11;
(12) RCW 47.60.240 (Liability to persons other than shippers or
passengers -- Limitation) and 1984 c 7 s 318 & 1961 c 13 s 47.60.240;
(13) RCW 47.60.395 (Evaluation of cost allocation methodology and
preservation and improvement costs -- Exception) and 2009 c 470 s 707 &
2007 c 512 s 15;
(14) RCW 47.60.649 (Passenger-only ferry service -- Finding) and 1998
c 166 s 1;
(15) RCW 47.60.652 (Passenger-only ferry service -- Vessel and
terminal acquisition, procurement, and construction) and 1998 c 166 s
2;
(16) RCW 47.60.654 (Passenger-only ferry service -- Contingency) and
1998 c 166 s 3;
(17) RCW 47.60.658 (Passenger-only ferry service between Vashon and
Seattle) and 2007 c 223 s 8 & 2006 c 332 s 3;
(18) RCW 47.60.770 (Jumbo ferry construction -- Notice) and 1993 c
493 s 1;
(19) RCW 47.60.772 (Jumbo ferry construction -- Bidding documents)
and 1993 c 493 s 2;
(20) RCW 47.60.774 (Jumbo ferry construction -- Procedure on
conclusion of evaluation) and 1993 c 493 s 4;
(21) RCW 47.60.776 (Jumbo ferry construction -- Contract) and 1993 c
493 s 5;
(22) RCW 47.60.778 (Jumbo ferry construction -- Bid deposits -- Low
bidder claiming error) and 1996 c 18 s 9 & 1993 c 493 s 6; and
(23) RCW 47.60.780 (Jumbo ferry construction--Propulsion system
acquisition) and 1994 c 181 s 2.
NEW SECTION. Sec. 18 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 19 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
immediately."
HB 2271 -
By Senators Haugen, Swecker
ADOPTED AS AMENDED 03/03/2010
On page 1, line 2 of the title, after "terminals;" strike the remainder of the title and insert "amending RCW 47.60.355, 47.60.365, 47.60.375, 47.60.385, 47.28.030, 47.64.006, 47.64.120, 47.64.170, 47.64.200, 47.64.280, and 47.64.320; adding new sections to chapter 47.60 RCW; creating new sections; repealing RCW 47.61.010, 47.61.020, 47.61.030, 47.61.040, 47.61.050, 47.61.060, 47.61.070, 47.61.080, 47.61.090, 47.61.100, 47.61.110, 47.60.240, 47.60.395, 47.60.649, 47.60.652, 47.60.654, 47.60.658, 47.60.770, 47.60.772, 47.60.774, 47.60.776, 47.60.778, and 47.60.780; providing an expiration date; and declaring an emergency."
EFFECT: Bid limits for work performed on ferry vessels and terminals by state forces is increased to $75,000 for the 2011 fiscal year. WSF must propose a vessel maintenance, preservation, and improvement program. Arbitration is no longer "baseball" style and factors that an arbitrator must consider are changed. The governor shall not submit funding requests for arbitration awards unless the director of OFM has certified they are financially feasible. When a collective bargaining agreement expires, if a new agreement has not yet been negotiated, the previous agreement is in force for up to one year. This is the same language that is in the other state employee union statutes. An emergency clause and severability clause are added.