State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/25/11.
AN ACT Relating to providing funding and cost saving measures for the Washington state ferry system; amending RCW 47.60.530, 47.60.315, 82.08.0255, 82.12.0256, 47.64.011, 47.64.210, 47.64.150, 41.58.060, and 39.04.320; reenacting and amending RCW 43.84.092, 47.64.090, and 41.06.070; adding a new section to chapter 47.60 RCW; creating a new section; and repealing RCW 47.64.280.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 47.60.530 and 1979 c 27 s 4 are each amended to read
as follows:
((There is hereby created in the motor vehicle fund)) (1) The Puget
Sound ferry operations account ((to the credit of which shall be
deposited all moneys directed by law to be deposited therein. All
moneys deposited in this account shall be expended pursuant to
appropriations only for reimbursement of the motor vehicle fund for any
state moneys, other than insurance proceeds, expended therefrom for
alternate transportation services instituted as a result of the
destruction of the Hood Canal bridge, and)) is created in the motor
vehicle fund.
(2) The following funds must be deposited into the account:
(a) All moneys directed by law;
(b) All revenues generated from ferry fares; and
(c) All revenues generated from commercial advertising,
concessions, parking, and leases as allowed under RCW 47.60.140.
(3) Moneys in the account may be spent only after appropriation.
(4) Expenditures from the account may be used only for the
maintenance and operation of the Washington state ferries ((including
the Hood Canal bridge, supplementing as required the revenues available
from the Washington state ferry system)).
NEW SECTION. Sec. 2 A new section is added to chapter 47.60 RCW
to read as follows:
(1) The capital vessel replacement account is created in the motor
vehicle fund. All revenues generated from the vessel replacement
surcharge under RCW 47.60.315(7) must be deposited into the account.
Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used only for the construction or
purchase of ferry vessels and to pay the principal and interest on
bonds authorized for the construction or purchase of ferry vessels.
However, expenditures from the account must first be used to support
the construction or purchase, including any applicable financing costs,
of a ferry vessel with a carrying capacity of at least one hundred
forty-four cars.
(2) The state treasurer shall not transfer any moneys from the
capital vessel replacement account.
Sec. 3 RCW 47.60.315 and 2007 c 512 s 6 are each amended to read
as follows:
(1) The commission shall adopt fares and pricing policies by rule,
under chapter 34.05 RCW, according to the following schedule:
(a) Each year the department shall provide the commission a report
of its review of fares and pricing policies, with recommendations for
the revision of fares and pricing policies for the ensuing year;
(b) By September 1st of each year, beginning in 2008, the
commission shall adopt by rule fares and pricing policies for the
ensuing year.
(2) The commission may adopt by rule fares that are effective for
more or less than one year for the purposes of transitioning to the
fare schedule in subsection (1) of this section.
(3) The commission may increase ferry fares included in the
schedule of charges adopted under this section by a percentage that
exceeds the fiscal growth factor.
(4) The chief executive officer of the ferry system may authorize
the use of promotional, discounted, and special event fares to the
general public and commercial enterprises for the purpose of maximizing
capacity use and the revenues collected by the ferry system. The
department shall report to the commission a summary of the promotional,
discounted, and special event fares offered during each fiscal year and
the financial results from these activities.
(5) Fare revenues and other revenues deposited in the Puget Sound
ferry operations account created in RCW 47.60.530 may not be used to
support the Puget Sound capital construction account created in RCW
47.60.505, unless the support for capital is separately identified in
the fare.
(6) The commission may not raise fares until the fare rules contain
pricing policies developed under RCW 47.60.290, or September 1, 2009,
whichever is later.
(7) The commission shall impose a vessel replacement surcharge of
twenty-five cents on every ferry fare sold, including multiride and
monthly pass fares. In the event that fares are collected in one
direction only, the surcharge is fifty cents on every ferry fare sold.
This surcharge must be clearly indicated to ferry passengers and
drivers and, if possible, on the fare media itself.
Sec. 4 RCW 82.08.0255 and 2007 c 223 s 9 are each amended to read
as follows:
(1) The tax levied by RCW 82.08.020 shall not apply to sales of
motor vehicle and special fuel if:
(a) The fuel is purchased for the purpose of public transportation
and the purchaser is entitled to a refund or an exemption under RCW
82.36.275 or 82.38.080(3); or
(b) The fuel is purchased by a private, nonprofit transportation
provider certified under chapter 81.66 RCW and the purchaser is
entitled to a refund or an exemption under RCW 82.36.285 or
82.38.080(1)(h); or
(c) The fuel is purchased by a public transportation benefit area
created under chapter 36.57A RCW or a county-owned ferry or county
ferry district created under chapter 36.54 RCW for use in passenger-only ferry vessels; or
(d) The fuel is purchased by the Washington state ferry system for
use in a state-owned ferry after June 30, 2013; or
(e) The fuel is purchased by a county-owned ferry for use in ferry
vessels after June 30, 2013; or
(f) The fuel is taxable under chapter 82.36 or 82.38 RCW.
(2) Any person who has paid the tax imposed by RCW 82.08.020 on the
sale of special fuel delivered in this state shall be entitled to a
credit or refund of such tax with respect to fuel subsequently
established to have been actually transported and used outside this
state by persons engaged in interstate commerce. The tax shall be
claimed as a credit or refunded through the tax reports required under
RCW 82.38.150.
Sec. 5 RCW 82.12.0256 and 2007 c 223 s 10 are each amended to
read as follows:
The provisions of this chapter shall not apply in respect to the
use of:
(1) Special fuel purchased in this state upon which a refund is
obtained as provided in RCW 82.38.180(2); and
(2) Motor vehicle and special fuel if:
(a) The fuel is used for the purpose of public transportation and
the purchaser is entitled to a refund or an exemption under RCW
82.36.275 or 82.38.080(3); or
(b) The fuel is purchased by a private, nonprofit transportation
provider certified under chapter 81.66 RCW and the purchaser is
entitled to a refund or an exemption under RCW 82.36.285 or
82.38.080(1)(h); or
(c) The fuel is purchased by a public transportation benefit area
created under chapter 36.57A RCW or a county-owned ferry or county
ferry district created under chapter 36.54 RCW for use in passenger-only ferry vessels; or
(d) The fuel is taxable under chapter 82.36 or 82.38 RCW:
PROVIDED, That the use of motor vehicle and special fuel upon which a
refund of the applicable fuel tax is obtained shall not be exempt under
this subsection (2)(d), and the director of licensing shall deduct from
the amount of such tax to be refunded the amount of tax due under this
chapter and remit the same each month to the department of revenue; or
(e) The fuel is purchased by a county-owned ferry for use in ferry
vessels after June 30, 2013; or
(f) The fuel is purchased by the Washington state ferry system for
use in a state-owned ferry after June 30, 2013.
Sec. 6 RCW 43.84.092 and 2010 1st sp.s. c 30 s 20, 2010 1st sp.s.
c 9 s 7, 2010 c 248 s 6, 2010 c 222 s 5, 2010 c 162 s 6, and 2010 c 145
s 11 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The aeronautics account, the
aircraft search and rescue account, the budget stabilization account,
the capital vessel replacement account, the capitol building
construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects
account, the charitable, educational, penal and reformatory
institutions account, the cleanup settlement account, the Columbia
river basin water supply development account, the common school
construction fund, the county arterial preservation account, the county
criminal justice assistance account, the county sales and use tax
equalization account, the deferred compensation administrative account,
the deferred compensation principal account, the department of
licensing services account, the department of retirement systems
expense account, the developmental disabilities community trust
account, the drinking water assistance account, the drinking water
assistance administrative account, the drinking water assistance
repayment account, the Eastern Washington University capital projects
account, the education construction fund, the education legacy trust
account, the election account, the energy freedom account, the energy
recovery act account, the essential rail assistance account, The
Evergreen State College capital projects account, the federal forest
revolving account, the ferry bond retirement fund, the freight
congestion relief account, the freight mobility investment account, the
freight mobility multimodal account, the grade crossing protective
fund, the public health services account, the health system capacity
account, the high capacity transportation account, the state higher
education construction account, the higher education construction
account, the highway bond retirement fund, the highway infrastructure
account, the highway safety account, the high occupancy toll lanes
operations account, the hospital safety net assessment fund, the
industrial insurance premium refund account, the judges' retirement
account, the judicial retirement administrative account, the judicial
retirement principal account, the local leasehold excise tax account,
the local real estate excise tax account, the local sales and use tax
account, the marine resources stewardship trust account, the medical
aid account, the mobile home park relocation fund, the motor vehicle
fund, the motorcycle safety education account, the multiagency
permitting team account, the multimodal transportation account, the
municipal criminal justice assistance account, the municipal sales and
use tax equalization account, the natural resources deposit account,
the oyster reserve land account, the pension funding stabilization
account, the perpetual surveillance and maintenance account, the public
employees' retirement system plan 1 account, the public employees'
retirement system combined plan 2 and plan 3 account, the public
facilities construction loan revolving account beginning July 1, 2004,
the public health supplemental account, the public transportation
systems account, the public works assistance account, the Puget Sound
capital construction account, the Puget Sound ferry operations account,
the Puyallup tribal settlement account, the real estate appraiser
commission account, the recreational vehicle account, the regional
mobility grant program account, the resource management cost account,
the rural arterial trust account, the rural Washington loan fund, the
site closure account, the small city pavement and sidewalk account, the
special category C account, the special wildlife account, the state
employees' insurance account, the state employees' insurance reserve
account, the state investment board expense account, the state
investment board commingled trust fund accounts, the state patrol
highway account, the state route number 520 civil penalties account,
the state route number 520 corridor account, the supplemental pension
account, the Tacoma Narrows toll bridge account, the teachers'
retirement system plan 1 account, the teachers' retirement system
combined plan 2 and plan 3 account, the tobacco prevention and control
account, the tobacco settlement account, the transportation 2003
account (nickel account), the transportation equipment fund, the
transportation fund, the transportation improvement account, the
transportation improvement board bond retirement account, the
transportation infrastructure account, the transportation partnership
account, the traumatic brain injury account, the tuition recovery trust
fund, the University of Washington bond retirement fund, the University
of Washington building account, the urban arterial trust account, the
volunteer firefighters' and reserve officers' relief and pension
principal fund, the volunteer firefighters' and reserve officers'
administrative fund, the Washington judicial retirement system account,
the Washington law enforcement officers' and firefighters' system plan
1 retirement account, the Washington law enforcement officers' and
firefighters' system plan 2 retirement account, the Washington public
safety employees' plan 2 retirement account, the Washington school
employees' retirement system combined plan 2 and 3 account, the
Washington state health insurance pool account, the Washington state
patrol retirement account, the Washington State University building
account, the Washington State University bond retirement fund, the
water pollution control revolving fund, and the Western Washington
University capital projects account. Earnings derived from investing
balances of the agricultural permanent fund, the normal school
permanent fund, the permanent common school fund, the scientific
permanent fund, and the state university permanent fund shall be
allocated to their respective beneficiary accounts.
(b) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the state treasury that
deposits funds into a fund or account in the state treasury pursuant to
an agreement with the office of the state treasurer shall receive its
proportionate share of earnings based upon each account's or fund's
average daily balance for the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 7 RCW 47.64.011 and 2006 c 164 s 1 are each amended to read
as follows:
As used in this chapter, unless the context otherwise requires, the
definitions in this section shall apply.
(1) "Collective bargaining representative" means the persons
designated by the governor and employee organizations to be the
exclusive representatives during collective bargaining negotiations.
(2) "Commission" means the ((marine employees')) public employment
relations commission created in RCW ((47.64.280)) 41.58.010.
(3) "Department of transportation" means the department as defined
in RCW 47.01.021.
(4) "Employer" means the state of Washington.
(5) "Ferry employee" means any employee of the marine
transportation division of the department of transportation who is a
member of a collective bargaining unit represented by a ferry employee
organization and does not include an exempt employee pursuant to RCW
41.06.079.
(6) "Ferry employee organization" means any labor organization
recognized to represent a collective bargaining unit of ferry
employees.
(7) "Lockout" means the refusal of the employer to furnish work to
ferry employees in an effort to get ferry employee organizations to
make concessions during collective bargaining, grievance, or other
labor relation negotiations. Curtailment of employment of ferry
employees due to lack of work resulting from a strike or work stoppage
shall not be considered a lockout.
(8) "Office of financial management" means the office as created in
RCW 43.41.050.
(9) "Strike or work stoppage" means a ferry employee's refusal, in
concerted action with others, to report to duty, or his or her willful
absence from his or her position, or his or her stoppage or slowdown of
work, or his or her abstinence in whole or in part from the full,
faithful, and proper performance of the duties of employment, for the
purpose of inducing, influencing, or coercing a change in conditions,
compensation, rights, privileges, or obligations of his, her, or any
other ferry employee's employment. A refusal, in good faith, to work
under conditions which pose an endangerment to the health and safety of
ferry employees or the public, as determined by the master of the
vessel, shall not be considered a strike for the purposes of this
chapter.
Sec. 8 RCW 47.64.210 and 2007 c 160 s 2 are each amended to read
as follows:
In the ((absence of an impasse)) event there is no agreement
between the parties ((or the failure of either party to utilize its
procedures)) by August 1st in the even-numbered year preceding the
biennium, either party may request the commission to appoint an
impartial and disinterested person to act as mediator. It is the
function of the mediator to bring the parties together to effectuate a
settlement of the dispute, but the mediator shall not compel the
parties to agree.
Sec. 9 RCW 47.64.090 and 2003 c 373 s 3 and 2003 c 91 s 1 are
each reenacted and amended to read as follows:
(1) Except as provided in RCW 47.60.656 and subsections (2) and (4)
of this section, or as provided in RCW 36.54.130 and subsection (3) of
this section, if any party assumes the operation and maintenance of any
ferry or ferry system by rent, lease, or charter from the department of
transportation, such party shall assume and be bound by all the
provisions herein and any agreement or contract for such operation of
any ferry or ferry system entered into by the department shall provide
that the wages to be paid, hours of employment, working conditions, and
seniority rights of employees will be established by the ((marine
employees')) commission in accordance with the terms and provisions of
this chapter and it shall further provide that all labor disputes shall
be adjudicated in accordance with chapter 47.64 RCW.
(2) If a public transportation benefit area meeting the
requirements of RCW 36.57A.200 has voter approval to operate passenger-only ferry service, it may enter into an agreement with Washington
State Ferries to rent, lease, or purchase passenger-only vessels,
related equipment, or terminal space for purposes of loading and
unloading the passenger-only ferry. Charges for the vessels,
equipment, and space must be fair market value taking into account the
public benefit derived from the ferry service. A benefit area or
subcontractor of that benefit area that qualifies under this subsection
is not subject to the restrictions of subsection (1) of this section,
but is subject to:
(a) The terms of those collective bargaining agreements that it or
its subcontractors negotiate with the exclusive bargaining
representatives of its or its subcontractors' employees under chapter
41.56 RCW or the National Labor Relations Act, as applicable;
(b) Unless otherwise prohibited by federal or state law, a
requirement that the benefit area and any contract with its
subcontractors, give preferential hiring to former employees of the
department of transportation who separated from employment with the
department because of termination of the ferry service by the state of
Washington; and
(c) Unless otherwise prohibited by federal or state law, a
requirement that the benefit area and any contract with its
subcontractors, on any questions concerning representation of employees
for collective bargaining purposes, may be determined by conducting a
cross-check comparing an employee organization's membership records or
bargaining authorization cards against the employment records of the
employer.
(3) If a ferry district is formed under RCW 36.54.110 to operate
passenger-only ferry service, it may enter into an agreement with
Washington State Ferries to rent, lease, or purchase vessels, related
equipment, or terminal space for purposes of loading and unloading the
ferry. Charges for the vessels, equipment, and space must be fair
market value taking into account the public benefit derived from the
ferry service. A ferry district or subcontractor of that district that
qualifies under this subsection is not subject to the restrictions of
subsection (1) of this section, but is subject to:
(a) The terms of those collective bargaining agreements that it or
its subcontractors negotiate with the exclusive bargaining
representatives of its or its subcontractors' employees under chapter
41.56 RCW or the National Labor Relations Act, as applicable;
(b) Unless otherwise prohibited by federal or state law, a
requirement that the ferry district and any contract with its
subcontractors, give preferential hiring to former employees of the
department of transportation who separated from employment with the
department because of termination of the ferry service by the state of
Washington; and
(c) Unless otherwise prohibited by federal or state law, a
requirement that the ferry district and any contract with its
subcontractors, on any questions concerning representation of employees
for collective bargaining purposes, may be determined by conducting a
cross-check comparing an employee organization's membership records or
bargaining authorization cards against the employment records of the
employer.
(4) The department of transportation shall make its terminal, dock,
and pier space available to private operators of passenger-only ferries
if the space can be made available without limiting the operation of
car ferries operated by the department. These private operators are
not bound by the provisions of subsection (1) of this section. Charges
for the equipment and space must be fair market value taking into
account the public benefit derived from the passenger-only ferry
service.
Sec. 10 RCW 47.64.150 and 1983 c 15 s 6 are each amended to read
as follows:
An agreement with a ferry employee organization that is the
exclusive representative of ferry employees in an appropriate unit may
provide procedures for the consideration of ferry employee grievances
and of disputes over the interpretation and application of agreements.
Negotiated procedures may provide for binding arbitration of ferry
employee grievances and of disputes over the interpretation and
application of existing agreements. An arbitrator's decision on a
grievance shall not change or amend the terms, conditions, or
applications of the collective bargaining agreement. The procedures
shall provide for the invoking of arbitration only ((with the
approval)) by mutual agreement of the employee organization and
management. The costs of arbitrators shall be shared equally by the
parties.
Ferry system employees shall follow ((either)) the grievance
procedures provided in a collective bargaining agreement((, or if no
such procedures are so provided, shall submit the grievances to the
marine employees' commission as provided in RCW 47.64.280)).
Sec. 11 RCW 41.58.060 and 1983 c 15 s 22 are each amended to read
as follows:
For any matter concerning the state ferry system and employee
relations, collective bargaining, or labor disputes or stoppages, the
provisions of chapter 47.64 RCW and this chapter shall govern.
However, if a conflict exists between the provisions of chapter 47.64
RCW and this chapter, the provisions of chapter 47.64 RCW shall govern.
Sec. 12 RCW 41.06.070 and 2010 c 271 s 801, 2010 c 2 s 2, and
2010 c 1 s 1 are each reenacted and amended to read as follows:
(1) The provisions of this chapter do not apply to:
(a) The members of the legislature or to any employee of, or
position in, the legislative branch of the state government including
members, officers, and employees of the legislative council, joint
legislative audit and review committee, statute law committee, and any
interim committee of the legislature;
(b) The justices of the supreme court, judges of the court of
appeals, judges of the superior courts or of the inferior courts, or to
any employee of, or position in the judicial branch of state
government;
(c) Officers, academic personnel, and employees of technical
colleges;
(d) The officers of the Washington state patrol;
(e) Elective officers of the state;
(f) The chief executive officer of each agency;
(g) In the departments of employment security and social and health
services, the director and the director's confidential secretary; in
all other departments, the executive head of which is an individual
appointed by the governor, the director, his or her confidential
secretary, and his or her statutory assistant directors;
(h) In the case of a multimember board, commission, or committee,
whether the members thereof are elected, appointed by the governor or
other authority, serve ex officio, or are otherwise chosen:
(i) All members of such boards, commissions, or committees;
(ii) If the members of the board, commission, or committee serve on
a part-time basis and there is a statutory executive officer: The
secretary of the board, commission, or committee; the chief executive
officer of the board, commission, or committee; and the confidential
secretary of the chief executive officer of the board, commission, or
committee;
(iii) If the members of the board, commission, or committee serve
on a full-time basis: The chief executive officer or administrative
officer as designated by the board, commission, or committee; and a
confidential secretary to the chair of the board, commission, or
committee;
(iv) If all members of the board, commission, or committee serve ex
officio: The chief executive officer; and the confidential secretary
of such chief executive officer;
(i) The confidential secretaries and administrative assistants in
the immediate offices of the elective officers of the state;
(j) Assistant attorneys general;
(k) Commissioned and enlisted personnel in the military service of
the state;
(l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel
resources board;
(m) The public printer or to any employees of or positions in the
state printing plant;
(n) Officers and employees of the Washington state fruit
commission;
(o) Officers and employees of the Washington apple commission;
(p) Officers and employees of the Washington state dairy products
commission;
(q) Officers and employees of the Washington tree fruit research
commission;
(r) Officers and employees of the Washington state beef commission;
(s) Officers and employees of the Washington grain commission;
(t) Officers and employees of any commission formed under chapter
15.66 RCW;
(u) Officers and employees of agricultural commissions formed under
chapter 15.65 RCW;
(v) Officers and employees of the nonprofit corporation formed
under chapter 67.40 RCW;
(w) Executive assistants for personnel administration and labor
relations in all state agencies employing such executive assistants
including but not limited to all departments, offices, commissions,
committees, boards, or other bodies subject to the provisions of this
chapter and this subsection shall prevail over any provision of law
inconsistent herewith unless specific exception is made in such law;
(x) In each agency with fifty or more employees: Deputy agency
heads, assistant directors or division directors, and not more than
three principal policy assistants who report directly to the agency
head or deputy agency heads;
(y) ((All employees of the marine employees' commission;)) Staff employed by the department of commerce to administer
energy policy functions;
(z)
(((aa))) (z) The manager of the energy facility site evaluation
council;
(((bb))) (aa) A maximum of ten staff employed by the department of
commerce to administer innovation and policy functions, including the
three principal policy assistants exempted under (x) of this
subsection;
(((cc))) (bb) Staff employed by Washington State University to
administer energy education, applied research, and technology transfer
programs under RCW 43.21F.045 as provided in RCW 28B.30.900(5).
(2) The following classifications, positions, and employees of
institutions of higher education and related boards are hereby exempted
from coverage of this chapter:
(a) Members of the governing board of each institution of higher
education and related boards, all presidents, vice presidents, and
their confidential secretaries, administrative, and personal
assistants; deans, directors, and chairs; academic personnel; and
executive heads of major administrative or academic divisions employed
by institutions of higher education; principal assistants to executive
heads of major administrative or academic divisions; other managerial
or professional employees in an institution or related board having
substantial responsibility for directing or controlling program
operations and accountable for allocation of resources and program
results, or for the formulation of institutional policy, or for
carrying out personnel administration or labor relations functions,
legislative relations, public information, development, senior computer
systems and network programming, or internal audits and investigations;
and any employee of a community college district whose place of work is
one which is physically located outside the state of Washington and who
is employed pursuant to RCW 28B.50.092 and assigned to an educational
program operating outside of the state of Washington;
(b) The governing board of each institution, and related boards,
may also exempt from this chapter classifications involving research
activities, counseling of students, extension or continuing education
activities, graphic arts or publications activities requiring
prescribed academic preparation or special training as determined by
the board: PROVIDED, That no nonacademic employee engaged in office,
clerical, maintenance, or food and trade services may be exempted by
the board under this provision;
(c) Printing craft employees in the department of printing at the
University of Washington.
(3) In addition to the exemptions specifically provided by this
chapter, the director of personnel may provide for further exemptions
pursuant to the following procedures. The governor or other
appropriate elected official may submit requests for exemption to the
director of personnel stating the reasons for requesting such
exemptions. The director of personnel shall hold a public hearing,
after proper notice, on requests submitted pursuant to this subsection.
If the director determines that the position for which exemption is
requested is one involving substantial responsibility for the
formulation of basic agency or executive policy or one involving
directing and controlling program operations of an agency or a major
administrative division thereof, the director of personnel shall grant
the request and such determination shall be final as to any decision
made before July 1, 1993. The total number of additional exemptions
permitted under this subsection shall not exceed one percent of the
number of employees in the classified service not including employees
of institutions of higher education and related boards for those
agencies not directly under the authority of any elected public
official other than the governor, and shall not exceed a total of
twenty-five for all agencies under the authority of elected public
officials other than the governor.
The salary and fringe benefits of all positions presently or
hereafter exempted except for the chief executive officer of each
agency, full-time members of boards and commissions, administrative
assistants and confidential secretaries in the immediate office of an
elected state official, and the personnel listed in subsections (1)(j)
through (v) ((and (y))) and (2) of this section, shall be determined by
the director of personnel. Changes to the classification plan
affecting exempt salaries must meet the same provisions for classified
salary increases resulting from adjustments to the classification plan
as outlined in RCW 41.06.152.
From February 18, 2009, through June 30, 2011, a salary or wage
increase shall not be granted to any position exempt from
classification under this chapter, except that a salary or wage
increase may be granted to employees pursuant to collective bargaining
agreements negotiated under chapter 28B.52, 41.56, 47.64, or 41.76 RCW,
or negotiated by the nonprofit corporation formed under chapter 67.40
RCW, and except that increases may be granted for positions for which
the employer has demonstrated difficulty retaining qualified employees
if the following conditions are met:
(a) The salary increase can be paid within existing resources; and
(b) The salary increase will not adversely impact the provision of
client services.
Any agency granting a salary increase from February 15, 2010,
through June 30, 2011, to a position exempt from classification under
this chapter shall submit a report to the fiscal committees of the
legislature no later than July 31, 2011, detailing the positions for
which salary increases were granted, the size of the increases, and the
reasons for giving the increases.
Any person holding a classified position subject to the provisions
of this chapter shall, when and if such position is subsequently
exempted from the application of this chapter, be afforded the
following rights: If such person previously held permanent status in
another classified position, such person shall have a right of
reversion to the highest class of position previously held, or to a
position of similar nature and salary.
Any classified employee having civil service status in a classified
position who accepts an appointment in an exempt position shall have
the right of reversion to the highest class of position previously
held, or to a position of similar nature and salary.
A person occupying an exempt position who is terminated from the
position for gross misconduct or malfeasance does not have the right of
reversion to a classified position as provided for in this section.
From February 15, 2010, until June 30, 2011, no monetary
performance-based awards or incentives may be granted by the director
or employers to employees covered by rules adopted under this section.
This subsection does not prohibit the payment of awards provided for in
chapter 41.60 RCW.
NEW SECTION. Sec. 13 (1) The marine employees' commission is
hereby abolished and its powers, duties, and functions are hereby
transferred to the public employment relations commission.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the marine employees'
commission shall be delivered to the custody of the public employment
relations commission. All cabinets, furniture, office equipment, motor
vehicles, and other tangible property employed by the marine employees'
commission shall be made available to the public employment relations
commission. All funds, credits, or other assets held by the marine
employees' commission shall be assigned to the public employment
relations commission.
(b) If any question arises as to the transfer of any funds, books,
documents, records, papers, files, equipment, or other tangible
property used or held in the exercise of the powers and the performance
of the duties and functions transferred, the director of financial
management shall make a determination as to the proper allocation and
certify the same to the state agencies concerned.
(3) All rules and all pending business before the marine employees'
commission shall be continued and acted upon by the public employment
relations commission. All existing contracts and obligations shall
remain in full force and shall be performed by the public employment
relations commission.
(4) The transfer of the powers, duties, and functions of the marine
employees' commission shall not affect the validity of any act
performed before the effective date of this section.
(5) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
NEW SECTION. Sec. 14 RCW 47.64.280 (Marine employees'
commission) and 2010 c 283 s 14, 2006 c 164 s 18, 1984 c 287 s 95, &
1983 c 15 s 19 are each repealed.
Sec. 15 RCW 39.04.320 and 2009 c 197 s 1 are each amended to read
as follows:
(1)(a) Except as provided in (b) through (d) of this subsection,
from January 1, 2005, and thereafter, for all public works estimated to
cost one million dollars or more, all specifications shall require that
no less than fifteen percent of the labor hours be performed by
apprentices.
(b)(i) This section does not apply to contracts advertised for bid
before July 1, 2007, for any public works by the department of
transportation.
(ii) For contracts advertised for bid on or after July 1, 2007, and
before July 1, 2008, for all public works by the department of
transportation estimated to cost five million dollars or more, all
specifications shall require that no less than ten percent of the labor
hours be performed by apprentices.
(iii) For contracts advertised for bid on or after July 1, 2008,
and before July 1, 2009, for all public works by the department of
transportation estimated to cost three million dollars or more, all
specifications shall require that no less than twelve percent of the
labor hours be performed by apprentices.
(iv) For contracts advertised for bid on or after July 1, 2009, for
all public works by the department of transportation estimated to cost
two million dollars or more and for all public works by the Washington
state ferries estimated to cost five million dollars or more, all
specifications shall require that no less than fifteen percent of the
labor hours be performed by apprentices.
(c)(i) This section does not apply to contracts advertised for bid
before January 1, 2008, for any public works by a school district, or
to any project funded in whole or in part by bond issues approved
before July 1, 2007.
(ii) For contracts advertised for bid on or after January 1, 2008,
for all public works by a school district estimated to cost three
million dollars or more, all specifications shall require that no less
than ten percent of the labor hours be performed by apprentices.
(iii) For contracts advertised for bid on or after January 1, 2009,
for all public works by a school district estimated to cost two million
dollars or more, all specifications shall require that no less than
twelve percent of the labor hours be performed by apprentices.
(iv) For contracts advertised for bid on or after January 1, 2010,
for all public works by a school district estimated to cost one million
dollars or more, all specifications shall require that no less than
fifteen percent of the labor hours be performed by apprentices.
(d)(i) For contracts advertised for bid on or after January 1,
2010, for all public works by a four-year institution of higher
education estimated to cost three million dollars or more, all
specifications must require that no less than ten percent of the labor
hours be performed by apprentices.
(ii) For contracts advertised for bid on or after January 1, 2011,
for all public works by a four-year institution of higher education
estimated to cost two million dollars or more, all specifications must
require that no less than twelve percent of the labor hours be
performed by apprentices.
(iii) For contracts advertised for bid on or after January 1, 2012,
for all public works by a four-year institution of higher education
estimated to cost one million dollars or more, all specifications must
require that no less than fifteen percent of the labor hours be
performed by apprentices.
(2) Awarding entities may adjust the requirements of this section
for a specific project for the following reasons:
(a) The demonstrated lack of availability of apprentices in
specific geographic areas;
(b) A disproportionately high ratio of material costs to labor
hours, which does not make feasible the required minimum levels of
apprentice participation;
(c) Participating contractors have demonstrated a good faith effort
to comply with the requirements of RCW 39.04.300 and 39.04.310 and this
section; or
(d) Other criteria the awarding entity deems appropriate, which are
subject to review by the office of the governor.
(3) The secretary of the department of transportation shall adjust
the requirements of this section for a specific project for the
following reasons:
(a) The demonstrated lack of availability of apprentices in
specific geographic areas; or
(b) A disproportionately high ratio of material costs to labor
hours, which does not make feasible the required minimum levels of
apprentice participation.
(4) This section applies to public works contracts awarded by the
state, to public works contracts awarded by school districts, and to
public works contracts awarded by state four-year institutions of
higher education. However, this section does not apply to contracts
awarded by state agencies headed by a separately elected public
official.
(5)(a) The department of general administration must provide
information and technical assistance to affected agencies and collect
the following data from affected agencies for each project covered by
this section:
(i) The name of each apprentice and apprentice registration number;
(ii) The name of each project;
(iii) The dollar value of each project;
(iv) The date of the contractor's notice to proceed;
(v) The number of apprentices and labor hours worked by them,
categorized by trade or craft;
(vi) The number of journey level workers and labor hours worked by
them, categorized by trade or craft; and
(vii) The number, type, and rationale for the exceptions granted
under subsection (2) of this section.
(b) The department of labor and industries shall assist the
department of general administration in providing information and
technical assistance.
(6) The secretary of transportation shall establish an
apprenticeship utilization advisory committee, which shall include
statewide geographic representation and consist of equal numbers of
representatives of contractors and labor. The committee must include
at least one member representing contractor businesses with less than
thirty-five employees. The advisory committee shall meet regularly
with the secretary of transportation to discuss implementation of this
section by the department of transportation, including development of
the process to be used to adjust the requirements of this section for
a specific project. The committee shall provide a report to the
legislature by January 1, 2008, on the effects of the apprentice labor
requirement on transportation projects and on the availability of
apprentice labor and programs statewide.
(7) At the request of the senate labor, commerce, research and
development committee, the house of representatives commerce and labor
committee, or their successor committees, and the governor, the
department of general administration and the department of labor and
industries shall compile and summarize the agency data and provide a
joint report to both committees. The report shall include
recommendations on modifications or improvements to the apprentice
utilization program and information on skill shortages in each trade or
craft.