(1) Upon meeting the requirements
of subsection (2) of this section, the governor must submit, as a
part of the proposed biennial or supplemental operating budget
submitted to the legislature under RCW 43.88.030, a request for
funds necessary to administer chapter 3, Laws of 2002 and to
implement the compensation and fringe benefits provisions of a
collective bargaining agreement entered into under RCW 74.39A.270
or for legislation necessary to implement such agreement.
(2) A request for funds necessary to implement the
compensation and fringe benefits provisions of a collective
bargaining agreement entered into under RCW 74.39A.270 shall not
be submitted by the governor to the legislature unless such
request:
(a) Has been submitted to the director of financial
management by October 1st prior to the legislative session at
which the request is to be considered; and
(b) Has been certified by the director of financial
management as being feasible financially for the state or
reflects the binding decision of an arbitration panel reached
under RCW 74.39A.270(2)(c).
(3) The legislature must approve or reject the submission of
the request for funds as a whole. If the legislature rejects or
fails to act on the submission, any such agreement will be
reopened solely for the purpose of renegotiating the funds
necessary to implement the agreement.
(4) When any increase in individual provider wages or
benefits is negotiated or agreed to, no increase in wages or
benefits negotiated or agreed to under this chapter will take
effect unless and until, before its implementation, the
department has determined that the increase is consistent with
federal law and federal financial participation in the provision
of services under Title XIX of the federal social security act.
(5) The governor shall periodically consult with the joint
committee on employment relations established by RCW 41.80.010
regarding appropriations necessary to implement the compensation
and fringe benefits provisions of any collective bargaining
agreement and, upon completion of negotiations, advise the
committee on the elements of the agreement and on any legislation
necessary to implement such agreement.
(6) After the expiration date of any collective bargaining
agreement entered into under RCW 74.39A.270, all of the terms and
conditions specified in any such agreement remain in effect until
the effective date of a subsequent agreement, not to exceed one
year from the expiration date stated in the agreement, except as
provided in *RCW 74.39A.270(6)(f).
(7) If, after the compensation and benefit provisions of an
agreement 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.
[2004 c 3 § 2; 2002 c 3 § 9 (Initiative Measure No. 775, approved November 6, 2001).]
NOTES:
*Reviser's note: RCW 74.39A.270 was amended by 2011 1st sp.s. c 21 § 10, changing subsection (6)(f) to subsection (5)(f).
Severability -- Effective date -- 2004 c 3: See notes following RCW 74.39A.270.
Findings--Captions not law--Severability -- 2002 c 3 (Initiative Measure No. 775): See RCW 74.39A.220 and notes following.