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SB5415 • 2026
Concerning financial feasibility of collective bargaining agreements.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
CBA financial feasibility
By resolution, reintroduced and retained in present status.
CBA financial feasibility
AN ACT Relating to financial feasibility of collective bargaining 1 agreements; and amending RCW 41.56.028, 41.56.029, 41.56.473, 2 41.56.500, 41.56.510, 41.56.515, 41.59.105, 41.80.010, 47.64.170, 3 74.39A.300, and 74.39A.530. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5 Sec. 1. RCW 41.56.028 and 2007 c 278 s 2 are each amended to 6 read as follows: 7 (1) In addition to the entities listed in RCW 41.56.020, this 8 chapter applies to the governor with respect to family child care 9 providers. Solely for the purposes of collective bargaining and as 10 expressly limited under subsections (2) and (3) of this section, the 11 governor is the public employer of family child care providers who, 12 solely for the purposes of collective bargaining, are public 13 employees. The public employer shall be represented for bargaining 14 purposes by the governor or the governor's designee appointed under 15 chapter 41.80 RCW. 16 (2) This chapter governs the collective bargaining relationship 17 between the governor and family child care providers, except as 18 follows: 19 S-0673.1 SENATE BILL 5415 State of Washington 69th Legislature 2025 Regular Session By Senator Gildon p. 1 SB 5415 (a) A statewide unit of all family child care providers is the 1 only unit appropriate for purposes of collective bargaining under RCW 2 41.56.060. 3 (b) The exclusive bargaining representative of family child care 4 providers in the unit specified in (a) of this subsection shall be 5 the representative chosen in an election conducted pursuant to RCW 6 41.56.070, except that in the initial election conducted under 7 chapter 54, Laws of 2006, if more than one labor organization is on 8 the ballot and none of the choices receives a majority of the votes 9 cast, a runoff election shall be held. 10 (c) Notwithstanding the definition of "collective bargaining" in 11 RCW 41.56.030(4), the scope of collective bargaining for child care 12 providers under this section shall be limited solely to: (i) Economic 13 compensation, such as manner and rate of subsidy and reimbursement, 14 including tiered reimbursements; (ii) health and welfare benefits; 15 (iii) professional development and training; (iv) labor-management 16 committees; (v) grievance procedures; and (vi) other economic 17 matters. Retirement benefits shall not be subject to collective 18 bargaining. By such obligation neither party shall be compelled to 19 agree to a proposal or be required to make a concession unless 20 otherwise provided in this chapter. 21 (d) The mediation and interest arbitration provisions of RCW 22 41.56.430 through 41.56.470 and 41.56.480 apply, except that:23 (i) With respect to commencement of negotiations between the 24 governor and the exclusive bargaining representative of family child 25 care providers, negotiations shall be commenced initially upon 26 certification of an exclusive bargaining representative under (a) of 27 this subsection and, thereafter, by February 1st of any even-numbered 28 year; and 29 (ii) The decision of the arbitration panel is not binding on the 30 legislature and, if the legislature does not approve the request for 31 funds necessary to implement the compensation and benefit provisions 32 of the arbitrated collective bargaining agreement, is not binding on 33 the state. 34 (e) Family child care providers do not have the right to strike.35 (3) Family child care providers who are public employees solely 36 for the purposes of collective bargaining under subsection (1) of 37 this section are not, for that reason, employees of the state for any 38 purpose. This section applies only to the governance of the 39 collective bargaining relationship between the employer and family 40 p. 2 SB 5415 child care providers as provided in subsections (1) and (2) of this 1 section. 2 (4) This section does not create or modify: 3 (a) The parents' or legal guardians' right to choose and 4 terminate the services of any family child care provider that 5 provides care for their child or children; 6 (b) The secretary of the department of social and health 7 services' right to adopt requirements under RCW 74.15.030, except for 8 requirements related to grievance procedures and collective 9 negotiations on personnel matters as specified in subsection (2)(c) 10 of this section; 11 (c) Chapter 26.44 RCW, RCW 43.43.832, 43.20A.205, and 74.15.130; 12 and 13 (d) The legislature's right to make programmatic modifications to 14 the delivery of state services through child care subsidy programs, 15 including standards of eligibility of parents, legal guardians, and 16 family child care providers participating in child care subsidy 17 programs, and the nature of services provided. The governor shall not 18 enter into, extend, or renew any agreement under this section that 19 does not expressly reserve the legislative rights described in this 20 subsection (4)(d). 21 (5) Upon meeting the requirements of subsection (6) of this 22 section, the governor must submit, as a part of the proposed biennial 23 or supplemental operating budget submitted to the legislature under 24 RCW 43.88.030, a request for funds necessary to implement the 25 compensation and benefit provisions of a collective bargaining 26 agreement entered into under this section or for legislation 27 necessary to implement such agreement. 28 (6) A request for funds necessary to implement the compensation 29 and benefit provisions of a collective bargaining agreement entered 30 into under this section shall not be submitted by the governor to the 31 legislature unless such request has been: 32 (a) Submitted to the director of financial management by October 33 1st before the legislative session at which the request is to be 34 considered, except that, for initial negotiations under this section, 35 the request must be submitted by November 15, 2006; and36 (b) Certified by the director of financial management as being 37 feasible financially for the state or reflects the binding decision 38 of an arbitration panel reached under this section.39 p. 3 SB 5415 (7)(a) The director of the office of financial management shall 1 not certify as financially feasible any collective bargaining 2 agreement under subsection (6)(b) of this section if the governor's 3 budget document or any appendix to a budget or budget document 4 submitted under RCW 43.88.030 and 43.88.060 proposes to:5 (i) Fund expenditures by raising taxes; or6 (ii) Withdraw and appropriate funds from the budget stabilization 7 account that requires a favorable vote of at least three-fifths of 8 the members of each house of the legislature.9 (b) For purposes of this subsection, "raising taxes" means any 10 action or combination of actions by the state legislature that 11 increases state tax revenue deposited in any fund, budget, or 12 account, regardless of whether the revenues are deposited into the 13 general fund.14 (8) The legislature must approve or reject the submission of the 15 request for funds as a whole. If the legislature rejects or fails to 16 act on the submission, any such agreement will be reopened solely for 17 the purpose of renegotiating the funds necessary to implement the 18 agreement. 19 (((8))) (9) The governor shall periodically consult with the 20 joint committee on employment relations established by RCW 41.80.010 21 regarding appropriations necessary to implement the compensation and 22 benefit provisions of any collective bargaining agreement and, upon 23 completion of negotiations, advise the committee on the elements of 24 the agreement and on any legislation necessary to implement such 25 agreement. 26 (((9))) (10) After the expiration date of any collective 27 bargaining agreement entered into under this section, all of the 28 terms and conditions specified in any such agreement remain in effect 29 until the effective date of a subsequent agreement, not to exceed one 30 year from the expiration date stated in the agreement, except as 31 provided in subsection (4)(d) of this section. 32 (((10))) (11) If, after the compensation and benefit provisions 33 of an agreement are approved by the legislature, a significant 34 revenue shortfall occurs resulting in reduced appropriations, as 35 declared by proclamation of the governor or by resolution of the 36 legislature, both parties shall immediately enter into collective 37 bargaining for a mutually agreed upon modification of the agreement.38 (((11))) (12) In enacting this section, the legislature intends 39 to provide state action immunity under federal and state antitrust 40 p. 4 SB 5415 laws for the joint activities of family child care providers and 1 their exclusive bargaining representative to the extent such 2 activities are authorized by this chapter. 3 Sec. 2. RCW 41.56.029 and 2007 c 184 s 1 are each amended to 4 read as follows: 5 (1) In addition to the entities listed in RCW 41.56.020, this 6 chapter applies to the governor with respect to adult family home 7 providers. Solely for the purposes of collective bargaining and as 8 expressly limited under subsections (2) and (3) of this section, the 9 governor is the public employer of adult family home providers who, 10 solely for the purposes of collective bargaining, are public 11 employees. The public employer shall be represented for bargaining 12 purposes by the governor or the governor's designee.13 (2) There shall be collective bargaining, as defined in RCW 14 41.56.030, between the governor and adult family home providers, 15 except as follows: 16 (a) A statewide unit of all adult family home providers is the 17 only unit appropriate for purposes of collective bargaining under RCW 18 41.56.060. 19 (b) The exclusive bargaining representative of adult family home 20 providers in the unit specified in (a) of this subsection shall be 21 the representative chosen in an election conducted pursuant to RCW 22 41.56.070. 23 Bargaining authorization cards furnished as the showing of 24 interest in support of any representation petition or motion for 25 intervention filed under this section shall be exempt from disclosure 26 under chapter 42.56 RCW. 27 (c) Notwithstanding the definition of "collective bargaining" in 28 RCW 41.56.030(4), the scope of collective bargaining for adult family 29 home providers under this section shall be limited solely to: (i) 30 Economic compensation, such as manner and rate of subsidy and 31 reimbursement, including tiered reimbursements; (ii) health and 32 welfare benefits; (iii) professional development and training; (iv) 33 labor-management committees; (v) grievance procedures; and (vi) other 34 economic matters. Retirement benefits shall not be subject to 35 collective bargaining. By such obligation neither party shall be 36 compelled to agree to a proposal or be required to make a concession 37 unless otherwise provided in this chapter. 38 p. 5 SB 5415 (d) In addition to the entities listed in the mediation and 1 interest arbitration provisions of RCW 41.56.430 through 41.56.470 2 and 41.56.480, the provisions apply to the governor or the governor's 3 designee and the exclusive bargaining representative of adult family 4 home providers, except that: 5 (i) In addition to the factors to be taken into consideration by 6 an interest arbitration panel under RCW 41.56.465, the panel shall 7 consider the financial ability of the state to pay for the 8 compensation and benefit provisions of a collective bargaining 9 agreement. 10 (ii) The decision of the arbitration panel is not binding on the 11 legislature and, if the legislature does not approve the request for 12 funds necessary to implement the compensation and benefit provisions 13 of the arbitrated collective bargaining agreement, the decision is 14 not binding on the state. 15 (e) Adult family home providers do not have the right to strike.16 (3) Adult family home providers who are public employees solely 17 for the purposes of collective bargaining under subsection (1) of 18 this section are not, for that reason, employees of the state for any 19 other purpose. This section applies only to the governance of the 20 collective bargaining relationship between the employer and adult 21 family home providers as provided in subsections (1) and (2) of this 22 section. 23 (4) This section does not create or modify: 24 (a) The department's authority to establish a plan of care for 25 each consumer or its core responsibility to manage long-term care 26 services under chapter 70.128 RCW, including determination of the 27 level of care that each consumer is eligible to receive. However, at 28 the request of the exclusive bargaining representative, the governor 29 or the governor's designee appointed under chapter 41.80 RCW shall 30 engage in collective bargaining, as defined in RCW 41.56.030(4), with 31 the exclusive bargaining representative over how the department's 32 core responsibility affects hours of work for adult family home 33 providers. This subsection shall not be interpreted to require 34 collective bargaining over an individual consumer's plan of care;35 (b) The department's obligation to comply with the federal 36 medicaid statute and regulations and the terms of any community-based 37 waiver granted by the federal department of health and human services 38 and to ensure federal financial participation in the provision of the 39 services; 40 p. 6 SB 5415 (c) The legislature's right to make programmatic modifications to 1 the delivery of state services under chapter 70.128 RCW, including 2 standards of eligibility of consumers and adult family home providers 3 participating in the programs under chapter 70.128 RCW, and the 4 nature of services provided. The governor shall not enter into, 5 extend, or renew any agreement under this chapter that does not 6 expressly reserve the legislative rights described in this subsection 7 (4)(c); 8 (d) The residents', parents', or legal guardians' right to choose 9 and terminate the services of any licensed adult family home 10 provider; and 11 (e) RCW 43.43.832, 43.20A.205, or 74.15.130. 12 (5) Upon meeting the requirements of subsection (6) of this 13 section, the governor must submit, as a part of the proposed biennial 14 or supplemental operating budget submitted to the legislature under 15 RCW 43.88.030, a request for funds necessary to implement the 16 compensation and benefit provisions of a collective bargaining 17 agreement entered into under this section or for legislation 18 necessary to implement the agreement. 19 (6) A request for funds necessary to implement the compensation 20 and benefit provisions of a collective bargaining agreement entered 21 into under this section shall not be submitted by the governor to the 22 legislature unless the request has been: 23 (a) Submitted to the director of financial management by October 24 1st prior to the legislative session at which the requests are to be 25 considered; and 26 (b) Certified by the director of financial management as 27 financially feasible for the state or reflective of a binding 28 decision of an arbitration panel reached under subsection (2)(d) of 29 this section. 30 (7)(a) The director of the office of financial management shall 31 not certify as financially feasible any collective bargaining 32 agreement under subsection (6)(b) of this section if the governor's 33 budget document or any appendix to a budget or budget document 34 submitted under RCW 43.88.030 and 43.88.060 proposes to:35 (i) Fund expenditures by raising taxes; or36 (ii) Withdraw and appropriate funds from the budget stabilization 37 account that requires a favorable vote of at least three-fifths of 38 the members of each house of the legislature.39 p. 7 SB 5415 (b) For purposes of this subsection, "raising taxes" means any 1 action or combination of actions by the state legislature that 2 increases state tax revenue deposited in any fund, budget, or 3 account, regardless of whether the revenues are deposited into the 4 general fund.5 (8) The legislature must approve or reject the submission of the 6 request for funds as a whole. If the legislature rejects or fails to 7 act on the submission, any collective bargaining agreement must be 8 reopened for the sole purpose of renegotiating the funds necessary to 9 implement the agreement. 10 (((8))) (9) If, after the compensation and benefit provisions of 11 an agreement are approved by the legislature, a significant revenue 12 shortfall occurs resulting in reduced appropriations, as declared by 13 proclamation of the governor or by resolution of the legislature, 14 both parties shall immediately enter into collective bargaining for a 15 mutually agreed upon modification of the agreement.16 (((9))) (10) After the expiration date of any collective 17 bargaining agreement entered into under this section, all of the 18 terms and conditions specified in the agreement remain in effect 19 until the effective date of a subsequent agreement, not to exceed one 20 year from the expiration date stated in the agreement.21 (((10))) (11) In enacting this section, the legislature intends 22 to provide state action immunity under federal and state antitrust 23 laws for the joint activities of adult family home providers and 24 their exclusive bargaining representative to the extent the 25 activities are authorized by this chapter. 26 Sec. 3. RCW 41.56.473 and 2005 c 438 s 1 are each amended to 27 read as follows: 28 (1) In addition to the entities listed in RCW 41.56.020, this 29 chapter applies to the state with respect to the officers of the 30 Washington state patrol appointed under RCW 43.43.020, except that 31 the state is prohibited from negotiating any matters relating to 32 retirement benefits or health care benefits or other employee 33 insurance benefits. 34 (2) For the purposes of negotiating wages, wage-related matters, 35 and nonwage matters, the state shall be represented by the governor 36 or the governor's designee who is appointed under chapter 41.80 RCW, 37 and costs of the negotiations under this section shall be reimbursed 38 as provided in RCW 41.80.140. 39 p. 8 SB 5415 (3) The governor or the governor's designee shall consult with 1 the chief of the Washington state patrol regarding collective 2 bargaining. 3 (4) The negotiation of provisions pertaining to wages and wage-4 related matters in a collective bargaining agreement between the 5 state and the Washington state patrol officers is subject to the 6 following: 7 (a) The state's bargaining representative must periodically 8 consult with a subcommittee of the joint committee on employment 9 relations created in RCW 41.80.010(((5))) (6) which shall consist of 10 the four members appointed to the joint committee with leadership 11 positions in the senate and the house of representatives, and the 12 chairs and ranking minority members of the senate transportation 13 committee and the house transportation committee, or their successor 14 committees. The subcommittee must be consulted regarding the 15 appropriations necessary to implement these provisions in a 16 collective bargaining agreement and, on completion of negotiations, 17 must be advised on the elements of these provisions.18 (b) Provisions that are entered into before the legislature 19 approves the funds necessary to implement the provisions must be 20 conditioned upon the legislature's subsequent approval of the funds.21 (5) The governor shall submit a request for funds necessary to 22 implement the wage and wage-related matters in the collective 23 bargaining agreement or for legislation necessary to implement the 24 agreement. Requests for funds necessary to implement the provisions 25 of bargaining agreements may not be submitted to the legislature by 26 the governor unless such requests: 27 (a) Have been submitted to the director of financial management 28 by October 1st before the legislative session at which the requests 29 are to be considered; and 30 (b) Have been certified by the director of financial management 31 as being feasible financially for the state or reflects the decision 32 of an arbitration panel reached under RCW 41.56.475.33 (6)(a) The director of the office of financial management shall 34 not certify as financially feasible any collective bargaining 35 agreement under subsection (5)(b) of this section if the governor's 36 budget document or any appendix to a budget or budget document 37 submitted under RCW 43.88.030 and 43.88.060 proposes to:38 (i) Fund expenditures by raising taxes; or39 p. 9 SB 5415 (ii) Withdraw and appropriate funds from the budget stabilization 1 account that requires a favorable vote of at least three-fifths of 2 the members of each house of the legislature.3 (b) For purposes of this subsection, "raising taxes" means any 4 action or combination of actions by the state legislature that 5 increases state tax revenue deposited in any fund, budget, or 6 account, regardless of whether the revenues are deposited into the 7 general fund.8 Sec. 4. RCW 41.56.500 and 2017 3rd sp.s. c 13 s 817 are each 9 amended to read as follows: 10 (1) All collective bargaining agreements entered into between a 11 school district employer and school district employees under this 12 chapter after June 10, 2010, as well as bargaining agreements 13 existing on June 10, 2010, but renewed or extended after June 10, 14 2010, shall be consistent with RCW 28A.657.050. 15 (2) All collective bargaining agreements entered into between a 16 school district employer and school district employees under this 17 chapter shall be consistent with RCW 28A.400.280 and 28A.400.350.18 (3) Employee bargaining shall be initiated after July 1, 2018, 19 over the dollar amount to be contributed for school employee health 20 benefits beginning January 1, 2020, on behalf of each employee for 21 health care benefits. Bargaining must subsequently be conducted in 22 even-numbered years between the governor or governor's designee and 23 one coalition of all the exclusive bargaining representatives 24 impacted by benefit purchasing with the school employees' benefits 25 board established in RCW 41.05.740, consistent with RCW 28A.400.280 26 and 28A.400.350. The coalition bargaining must follow the model 27 initially established for state employees in RCW 41.80.020.28 (4)(a) The governor shall submit a request for funds necessary to 29 implement the collective bargaining agreement for the dollar amount 30 to be expended for school employee health benefits, or for 31 legislation necessary to implement the agreement. A request for funds 32 shall not be submitted to the legislature by the governor unless such 33 request: 34 (((a))) (i) Has been submitted to the director of the office of 35 financial management by October 1st prior to the legislative session 36 at which the request is to be considered; and 37 (((b))) (ii) Has been certified by the director of the office of 38 financial management as being feasible financially for the state.39 p. 10 SB 5415 (b)(i) The director of the office of financial management shall 1 not certify as financially feasible any collective bargaining 2 agreement under (a)(ii) of this subsection if the governor's budget 3 document or any appendix to a budget or budget document submitted 4 under RCW 43.88.030 and 43.88.060 proposes to:5 (A) Fund expenditures by raising taxes; or6 (B) Withdraw and appropriate funds from the budget stabilization 7 account that requires a favorable vote of at least three-fifths of 8 the members of each house of the legislature.9 (ii) For purposes of this subsection, "raising taxes" means any 10 action or combination of actions by the state legislature that 11 increases state tax revenue deposited in any fund, budget, or 12 account, regardless of whether the revenues are deposited into the 13 general fund.14 (c) The legislature shall approve or reject the submission of the 15 request for funds. The legislature shall not consider a request for 16 funds unless the request is transmitted to the legislature as part of 17 the governor's budget document submitted under RCW 43.88.030 and 18 43.88.060. 19 (d) If the legislature rejects or fails to act on the submission, 20 either party may reopen all or part of the agreement. However, if the 21 director of the office of financial management does not certify a 22 request under this section as being feasible financially for the 23 state, the parties shall enter into collective bargaining solely for 24 the purpose of reaching a mutually agreed upon modification of the 25 agreement necessary to address the absence of those requested funds. 26 The legislature may act upon the health care benefit provisions of 27 the modified collective bargaining agreement if those provisions are 28 agreed upon and submitted to the office of financial management and 29 legislative budget committees before final legislative action on the 30 biennial or supplemental operating budget. If the legislature rejects 31 or fails to act on the submission, either party may reopen all or 32 part of the agreement. 33 Sec. 5. RCW 41.56.510 and 2020 c 289 s 2 are each amended to 34 read as follows: 35 (1) In addition to the entities listed in RCW 41.56.020, this 36 chapter applies to the governor with respect to language access 37 providers. Solely for the purposes of collective bargaining and as 38 expressly limited under subsections (2) and (3) of this section, the 39 p. 11 SB 5415 governor is the public employer of language access providers who, 1 solely for the purposes of collective bargaining, are public 2 employees. The governor or the governor's designee shall represent 3 the public employer for bargaining purposes. 4 (2) There shall be collective bargaining, as defined in RCW 5 41.56.030, between the governor and language access providers, except 6 as follows: 7 (a) The only units appropriate for purposes of collective 8 bargaining under RCW 41.56.060 are: 9 (i) A statewide unit for language access providers who provide 10 spoken language interpreter services for department of social and 11 health services appointments, department of children, youth, and 12 families appointments, or medicaid enrollee appointments;13 (ii) A statewide unit for language access providers who provide 14 spoken language interpreter services for injured workers or crime 15 victims receiving benefits from the department of labor and 16 industries; and 17 (iii) A statewide unit for language access providers who provide 18 spoken language interpreter services for any state agency through the 19 department of enterprise services, excluding language access 20 providers included in (a)(i) and (ii) of this subsection;21 (b) The exclusive bargaining representative of language access 22 providers in the unit specified in (a) of this subsection shall be 23 the representative chosen in an election conducted pursuant to RCW 24 41.56.070. 25 Bargaining authorization cards furnished as the showing of 26 interest in support of any representation petition or motion for 27 intervention filed under this section are exempt from disclosure 28 under chapter 42.56 RCW; 29 (c) Notwithstanding the definition of "collective bargaining" in 30 RCW 41.56.030(4), the scope of collective bargaining for language 31 access providers under this section is limited solely to: (i) 32 Economic compensation, such as the manner and rate of payments, 33 including tiered payments; (ii) professional development and 34 training; (iii) labor-management committees; (iv) grievance 35 procedures; (v) health and welfare benefits; and (((vii) [(vi)])) 36 (vi) other economic matters. Retirement benefits are not subject to 37 collective bargaining. By such obligation neither party may be 38 compelled to agree to a proposal or be required to make a concession 39 unless otherwise provided in this chapter; 40 p. 12 SB 5415 (d) In addition to the entities listed in the mediation and 1 interest arbitration provisions of RCW 41.56.430 through 41.56.470 2 and 41.56.480, the provisions apply to the governor or the governor's 3 designee and the exclusive bargaining representative of language 4 access providers, except that: 5 (i) In addition to the factors to be taken into consideration by 6 an interest arbitration panel under RCW 41.56.465, the panel shall 7 consider the financial ability of the state to pay for the 8 compensation and benefit provisions of a collective bargaining 9 agreement; 10 (ii) The decision of the arbitration panel is not binding on the 11 legislature and, if the legislature does not approve the request for 12 funds necessary to implement the compensation and benefit provisions 13 of the arbitrated collective bargaining agreement, the decision is 14 not binding on the state; 15 (e) Language access providers do not have the right to strike;16 (f) If a single employee organization is the exclusive bargaining 17 representative for two or more units, upon petition by the employee 18 organization, the units may be consolidated into a single larger unit 19 if the commission considers the larger unit to be appropriate. If 20 consolidation is appropriate, the commission shall certify the 21 employee organization as the exclusive bargaining representative of 22 the new unit; 23 (g) If a single employee organization is the exclusive bargaining 24 representative for two or more bargaining units, the governor and the 25 employee organization may agree to negotiate a single collective 26 bargaining agreement for all of the bargaining units that the 27 employee organization represents. 28 (3) Language access providers who are public employees solely for 29 the purposes of collective bargaining under subsection (1) of this 30 section are not, for that reason, employees of the state for any 31 other purpose. This section applies only to the governance of the 32 collective bargaining relationship between the employer and language 33 access providers as provided in subsections (1) and (2) of this 34 section. 35 (4) Each party with whom the department of social and health 36 services, the department of children, youth, and families, the 37 department of labor and industries, and the department of enterprise 38 services contracts for language access services and each of their 39 subcontractors shall provide to the respective department an accurate 40 p. 13 SB 5415 list of language access providers, as defined in RCW 41.56.030, 1 including their names, addresses, and other contact information, 2 annually by January 30th, except that initially the lists must be 3 provided within thirty days of July 1, 2018. The department shall, 4 upon request, provide a list of all language access providers, 5 including their names, addresses, and other contact information, to a 6 labor union seeking to represent language access providers.7 (5) This section does not create or modify: 8 (a) The obligation of any state agency to comply with federal 9 statute and regulations; and 10 (b) The legislature's right to make programmatic modifications to 11 the delivery of state services under chapter 74.04 or 39.26 RCW or 12 Title 51 RCW. The governor may not enter into, extend, or renew any 13 agreement under this chapter that does not expressly reserve the 14 legislative rights described in this subsection. 15 (6) Upon meeting the requirements of subsection (7) of this 16 section, the governor must submit, as a part of the proposed biennial 17 or supplemental operating budget submitted to the legislature under 18 RCW 43.88.030, a request for funds necessary to implement the 19 compensation and benefit provisions of a collective bargaining 20 agreement entered into under this section or for legislation 21 necessary to implement the agreement. 22 (7) A request for funds necessary to implement the compensation 23 and benefit provisions of a collective bargaining agreement entered 24 into under this section may not be submitted by the governor to the 25 legislature unless the request has been: 26 (a) Submitted to the director of financial management by October 27 1st prior to the legislative session at which the requests are to be 28 considered, except that, for initial negotiations under this section, 29 the request may not be submitted before July 1, 2011; and30 (b) Certified by the director of financial management as 31 financially feasible for the state or reflective of a binding 32 decision of an arbitration panel reached under subsection (2)(d) of 33 this section. 34 (8)(a) The director of the office of financial management shall 35 not certify as financially feasible any collective bargaining 36 agreement under subsection (7)(b) of this section if the governor's 37 budget document or any appendix to a budget or budget document 38 submitted under RCW 43.88.030 and 43.88.060 proposes to:39 (i) Fund expenditures by raising taxes; or40 p. 14 SB 5415 (ii) Withdraw and appropriate funds from the budget stabilization 1 account that requires a favorable vote of at least three-fifths of 2 the members of each house of the legislature.3 (b) For purposes of this subsection, "raising taxes" means any 4 action or combination of actions by the state legislature that 5 increases state tax revenue deposited in any fund, budget, or 6 account, regardless of whether the revenues are deposited into the 7 general fund.8 (9) The legislature must approve or reject the submission of the 9 request for funds as a whole. If the legislature rejects or fails to 10 act on the submission, any collective bargaining agreement must be 11 reopened for the sole purpose of renegotiating the funds necessary to 12 implement the agreement. 13 (((9))) (10) If, after the compensation and benefit provisions of 14 an agreement are approved by the legislature, a significant revenue 15 shortfall occurs resulting in reduced appropriations, as declared by 16 proclamation of the governor or by resolution of the legislature, 17 both parties shall immediately enter into collective bargaining for a 18 mutually agreed upon modification of the agreement.19 (((10))) (11) After the expiration date of any collective 20 bargaining agreement entered into under this section, all of the 21 terms and conditions specified in the agreement remain in effect 22 until the effective date of a subsequent agreement, not to exceed one 23 year from the expiration date stated in the agreement.24 (((11))) (12) In enacting this section, the legislature intends 25 to provide state action immunity under federal and state antitrust 26 laws for the joint activities of language access providers and their 27 exclusive bargaining representative to the extent the activities are 28 authorized by this chapter. 29 (((12))) (13) By December 1, 2020, the department of social and 30 health services, the department of children, youth, and families, the 31 department of labor and industries, the health care authority, and 32 the department of enterprise services must report to the legislature 33 on the following: 34 (a) Each agency's current process for procuring spoken language 35 interpreters and whether the changes in chapter 253, Laws of 2018 36 have been implemented; 37 (b) If chapter 253, Laws of 2018 has not been fully implemented 38 by an agency, the barriers to implementation the agency has 39 p. 15 SB 5415 encountered and recommendations for removing the barriers to 1 implementation; 2 (c) The impacts of the changes to the bargaining units for 3 language access providers in chapter 253, Laws of 2018; and4 (d) Recommendations on how to improve the procurement and 5 accessibility of language access providers. 6 Sec. 6. RCW 41.56.515 and 2020 c 298 s 2 are each amended to 7 read as follows: 8 (1) In addition to the entities listed in RCW 41.56.020, this 9 chapter applies to the state with respect to fish and wildlife 10 officers except the state may not negotiate any matters relating to 11 retirement benefits or health care benefits or other employee 12 insurance benefits. 13 (2) For the purposes of negotiating wages, wage-related matters, 14 and nonwage matters, the state shall be represented by the governor 15 or the governor's designee who is appointed under RCW 41.80.010, and 16 costs of the negotiations under this section shall be reimbursed as 17 provided in RCW 41.80.140. 18 (3) Fish and wildlife officers shall be excluded from the 19 coalition bargaining for a master agreement of all exclusive 20 bargaining representatives of fewer than five hundred employees under 21 chapter 41.80 RCW. 22 (4) The governor or the governor's designee shall consult with 23 the director of fish and wildlife regarding collective bargaining.24 (5) The negotiation of provisions pertaining to wages and wage-25 related matters in a collective bargaining agreement between the 26 state and the bargaining representatives of the fish and wildlife 27 officers is subject to the following: 28 (a) The state's bargaining representative must periodically 29 consult with the committee of the joint committee on employment 30 relations created in RCW 41.80.007 or any such successor committee 31 for the joint committee on employment relations; and32 (b) Provisions that are entered into before the legislature 33 approves the funds necessary to implement the provisions are 34 conditioned upon the legislature's subsequent approval of the funds.35 (6) The governor shall submit a request for funds necessary to 36 implement the wage and wage-related matters in the collective 37 bargaining agreement or for legislation necessary to implement the 38 agreement. Requests for funds necessary to implement the provisions 39 p. 16 SB 5415 of bargaining agreements may not be submitted to the legislature by 1 the governor unless such requests: 2 (a) Have been submitted to the director of financial management 3 by October 1st before the legislative session at which the requests 4 are to be considered; and 5 (b) Have been certified by the director of financial management 6 as being feasible financially for the state or reflects the decision 7 of an arbitration panel reached under RCW 41.56.475.8 (7)(a) The director of the office of financial management shall 9 not certify as financially feasible any collective bargaining 10 agreement under subsection (6)(b) of this section if the governor's 11 budget document or any appendix to a budget or budget document 12 submitted under RCW 43.88.030 and 43.88.060 proposes to:13 (i) Fund expenditures by raising taxes; or14 (ii) Withdraw and appropriate funds from the budget stabilization 15 account that requires a favorable vote of at least three-fifths of 16 the members of each house of the legislature.17 (b) For purposes of this subsection, "raising taxes" means any 18 action or combination of actions by the state legislature that 19 increases state tax revenue deposited in any fund, budget, or 20 account, regardless of whether the revenues are deposited into the 21 general fund.22 Sec. 7. RCW 41.59.105 and 2017 3rd sp.s. c 13 s 818 are each 23 amended to read as follows: 24 (1) All collective bargaining agreements entered into between a 25 school district employer and school district employees under this 26 chapter after June 10, 2010, as well as bargaining agreements 27 existing on June 10, 2010, but renewed or extended after June 10, 28 2010, shall be consistent with RCW 28A.657.050. 29 (2) All collective bargaining agreements entered into between a 30 school district employer and school district employees under this 31 chapter shall be consistent with RCW 28A.400.280 and 28A.400.350.32 (3) Employee bargaining shall be initiated after July 1, 2018, 33 over the dollar amount to be contributed beginning January 1, 2020, 34 on behalf of each employee for health care benefits. Bargaining must 35 subsequently be conducted in even-numbered years between the governor 36 or governor's designee and one coalition of all the exclusive 37 bargaining representatives impacted by benefit purchasing with the 38 school employees' benefits board established in RCW 41.05.740, 39 p. 17 SB 5415 consistent with RCW 28A.400.280 and 28A.400.350. The coalition 1 bargaining must follow the model initially established for state 2 employees in RCW 41.80.020. 3 (4)(a) The governor shall submit a request for funds necessary to 4 implement the collective bargaining agreement for the dollar amount 5 to be expended for school employee health benefits, or for 6 legislation necessary to implement the agreement. A request for funds 7 shall not be submitted to the legislature by the governor unless such 8 request: 9 (((a))) (i) Has been submitted to the director of the office of 10 financial management by October 1st prior to the legislative session 11 at which the request is to be considered; and 12 (((b))) (ii) Has been certified by the director of the office of 13 financial management as being feasible financially for the state.14 (b)(i) The director of the office of financial management shall 15 not certify as financially feasible any collective bargaining 16 agreement under (a)(ii) of this subsection if the governor's budget 17 document or any appendix to a budget or budget document submitted 18 under RCW 43.88.030 and 43.88.060 proposes to:19 (A) Fund expenditures by raising taxes; or20 (B) Withdraw and appropriate funds from the budget stabilization 21 account that requires a favorable vote of at least three-fifths of 22 the members of each house of the legislature.23 (ii) For purposes of this subsection, "raising taxes" means any 24 action or combination of actions by the state legislature that 25 increases state tax revenue deposited in any fund, budget, or 26 account, regardless of whether the revenues are deposited into the 27 general fund.28 (c) The legislature shall approve or reject the submission of the 29 request for funds. The legislature shall not consider a request for 30 funds unless the request is transmitted to the legislature as part of 31 the governor's budget document submitted under RCW 43.88.030 and 32 43.88.060. 33 (d) If the legislature rejects or fails to act on the submission, 34 either party may reopen all or part of the agreement. However, if the 35 director of the office of financial management does not certify a 36 request under this section as being feasible financially for the 37 state, the parties shall enter into collective bargaining solely for 38 the purpose of reaching a mutually agreed upon modification of the 39 agreement necessary to address the absence of those requested funds. 40 p. 18 SB 5415 The legislature may act upon the health care benefit provisions of 1 the modified collective bargaining agreement if those provisions are 2 agreed upon and submitted to the office of financial management and 3 legislative budget committees before final legislative action on the 4 biennial or supplemental operating budget. If the legislature rejects 5 or fails to act on the submission, either party may reopen all or 6 part of the agreement. 7 Sec. 8. RCW 41.80.010 and 2022 c 297 s 951 are each amended to 8 read as follows: 9 (1) For the purpose of negotiating collective bargaining 10 agreements under this chapter, the employer shall be represented by 11 the governor or governor's designee, except as provided for 12 institutions of higher education in subsection (4) of this section.13 (2)(a)(i) Except as otherwise provided, if an exclusive 14 bargaining representative represents more than one bargaining unit, 15 the exclusive bargaining representative shall negotiate with each 16 employer representative as designated in subsection (1) of this 17 section one master collective bargaining agreement on behalf of all 18 the employees in bargaining units that the exclusive bargaining 19 representative represents. 20 (ii) For those exclusive bargaining representatives who represent 21 fewer than a total of five hundred employees each, negotiation shall 22 be by a coalition of all those exclusive bargaining representatives. 23 The coalition shall bargain for a master collective bargaining 24 agreement covering all of the employees represented by the coalition. 25 The governor's designee and the exclusive bargaining representative 26 or representatives are authorized to enter into supplemental 27 bargaining of agency-specific issues for inclusion in or as an 28 addendum to the master collective bargaining agreement, subject to 29 the parties' agreement regarding the issues and procedures for 30 supplemental bargaining. Exclusive bargaining representatives that 31 represent employees covered under chapter 41.06 RCW and exclusive 32 bargaining representatives that represent employees exempt under 33 chapter 41.06 RCW shall constitute separate coalitions and must 34 negotiate separate master collective bargaining agreements. This 35 subsection does not prohibit cooperation and coordination of 36 bargaining between two or more exclusive bargaining representatives.37 (b) This subsection does not apply to exclusive bargaining 38 representatives who represent employees of institutions of higher 39 p. 19 SB 5415 education, except when the institution of higher education has 1 elected to exercise its option under subsection (4) of this section 2 to have its negotiations conducted by the governor or governor's 3 designee under the procedures provided for general government 4 agencies in subsections (1) through (3) of this section.5 (c) If five hundred or more employees of an independent state 6 elected official listed in RCW 43.01.010 are organized in a 7 bargaining unit or bargaining units under RCW 41.80.070, the official 8 shall be consulted by the governor or the governor's designee before 9 any agreement is reached under (a) of this subsection concerning 10 supplemental bargaining of agency specific issues affecting the 11 employees in such bargaining unit. 12 (d) For assistant attorneys general, the governor or the 13 governor's designee and an exclusive bargaining representative shall 14 negotiate one master collective bargaining agreement.15 (3) The governor shall submit a request for funds necessary to 16 implement the compensation and fringe benefit provisions in the 17 master collective bargaining agreement or for legislation necessary 18 to implement the agreement. Requests for funds necessary to implement 19 the provisions of bargaining agreements shall not be submitted to the 20 legislature by the governor unless such requests: 21 (a) Have been submitted to the director of the office of 22 financial management by October 1 prior to the legislative session at 23 which the requests are to be considered; and 24 (b) Have been certified by the director of the office of 25 financial management as being feasible financially for the state.26 The legislature shall approve or reject the submission of the 27 request for funds as a whole. The legislature shall not consider a 28 request for funds to implement a collective bargaining agreement 29 unless the request is transmitted to the legislature as part of the 30 governor's budget document submitted under RCW 43.88.030 and 31 43.88.060. If the legislature rejects or fails to act on the 32 submission, either party may reopen all or part of the agreement or 33 the exclusive bargaining representative may seek to implement the 34 procedures provided for in RCW 41.80.090. 35 (4)(a)(i) For the purpose of negotiating agreements for 36 institutions of higher education, the employer shall be the 37 respective governing board of each of the universities, colleges, or 38 community colleges or a designee chosen by the board to negotiate on 39 its behalf. 40 p. 20 SB 5415 (ii) A governing board of a university or college may elect to 1 have its negotiations conducted by the governor or governor's 2 designee under the procedures provided for general government 3 agencies in subsections (1) through (3) of this section, except that:4 (A) The governor or the governor's designee and an exclusive 5 bargaining representative shall negotiate one master collective 6 bargaining agreement for all of the bargaining units of employees of 7 a university or college that the representative represents; or8 (B) If the parties mutually agree, the governor or the governor's 9 designee and an exclusive bargaining representative shall negotiate 10 one master collective bargaining agreement for all of the bargaining 11 units of employees of more than one university or college that the 12 representative represents. 13 (iii) A governing board of a community college may elect to have 14 its negotiations conducted by the governor or governor's designee 15 under the procedures provided for general government agencies in 16 subsections (1) through (3) of this section. 17 (b) Prior to entering into negotiations under this chapter, the 18 institutions of higher education or their designees shall consult 19 with the director of the office of financial management regarding 20 financial and budgetary issues that are likely to arise in the 21 impending negotiations. 22 (c)(i) In the case of bargaining agreements reached between 23 institutions of higher education other than the University of 24 Washington and exclusive bargaining representatives agreed to under 25 the provisions of this chapter, if appropriations are necessary to 26 implement the compensation and fringe benefit provisions of the 27 bargaining agreements, the governor shall submit a request for such 28 funds to the legislature according to the provisions of subsection 29 (3) of this section, except as provided in (c)(iii) of this 30 subsection. 31 (ii) In the case of bargaining agreements reached between the 32 University of Washington and exclusive bargaining representatives 33 agreed to under the provisions of this chapter, if appropriations are 34 necessary to implement the compensation and fringe benefit provisions 35 of a bargaining agreement, the governor shall submit a request for 36 such funds to the legislature according to the provisions of 37 subsection (3) of this section, except as provided in this subsection 38 (4)(c)(ii) and as provided in (c)(iii) of this subsection.39 p. 21 SB 5415 (A) If appropriations of less than ten thousand dollars are 1 necessary to implement the provisions of a bargaining agreement, a 2 request for such funds shall not be submitted to the legislature by 3 the governor unless the request has been submitted to the director of 4 the office of financial management by October 1 prior to the 5 legislative session at which the request is to be considered.6 (B) If appropriations of ten thousand dollars or more are 7 necessary to implement the provisions of a bargaining agreement, a 8 request for such funds shall not be submitted to the legislature by 9 the governor unless the request: 10 (I) Has been submitted to the director of the office of financial 11 management by October 1 prior to the legislative session at which the 12 request is to be considered; and 13 (II) Has been certified by the director of the office of 14 financial management as being feasible financially for the state.15 (C) If the director of the office of financial management does 16 not certify a request under (c)(ii)(B) of this subsection as being 17 feasible financially for the state, the parties shall enter into 18 collective bargaining solely for the purpose of reaching a mutually 19 agreed upon modification of the agreement necessary to address the 20 absence of those requested funds. The legislature may act upon the 21 compensation and fringe benefit provisions of the modified collective 22 bargaining agreement if those provisions are agreed upon and 23 submitted to the office of financial management and legislative 24 budget committees before final legislative action on the biennial or 25 supplemental operating budget by the sitting legislature.26 (iii) In the case of a bargaining unit of employees of 27 institutions of higher education in which the exclusive bargaining 28 representative is certified during or after the conclusion of a 29 legislative session, the legislature may act upon the compensation 30 and fringe benefit provisions of the unit's initial collective 31 bargaining agreement if those provisions are agreed upon and 32 submitted to the office of financial management and legislative 33 budget committees before final legislative action on the biennial or 34 supplemental operating budget by the sitting legislature.35 (5)(a) The director of the office of financial management shall 36 not certify as financially feasible any collective bargaining 37 agreement under subsection (3)(b) or (4)(c)(ii)(B)(II) of this 38 section if the governor's budget document or any appendix to a budget 39 p. 22 SB 5415 or budget document submitted under RCW 43.88.030 and 43.88.060 1 proposes to: 2 (i) Fund expenditures by raising taxes; or3 (ii) Withdraw and appropriate funds from the budget stabilization 4 account that requires a favorable vote of at least three-fifths of 5 the members of each house of the legislature.6 (b) For purposes of this subsection, "raising taxes" means any 7 action or combination of actions by the state legislature that 8 increases state tax revenue deposited in any fund, budget, or 9 account, regardless of whether the revenues are deposited into the 10 general fund.11 (6) If, after the compensation and fringe benefit provisions of 12 an agreement are approved by the legislature, a significant revenue 13 shortfall occurs resulting in reduced appropriations, as declared by 14 proclamation of the governor or by resolution of the legislature, 15 both parties shall immediately enter into collective bargaining for a 16 mutually agreed upon modification of the agreement.17 (((6))) (7) After the expiration date of a collective bargaining 18 agreement negotiated under this chapter, all of the terms and 19 conditions specified in the collective bargaining agreement remain in 20 effect until the effective date of a subsequently negotiated 21 agreement, not to exceed one year from the expiration date stated in 22 the agreement. Thereafter, the employer may unilaterally implement 23 according to law. 24 (((7))) (8)(a) For the 2019-2021 fiscal biennium, the legislature 25 may approve funding for a collective bargaining agreement negotiated 26 by a higher education institution and the Washington federation of 27 state employees and ratified by the exclusive bargaining 28 representative before final legislative action on the omnibus 29 appropriations act by the sitting legislature. 30 (b) Subsection (3)(a) and (b) of this section do not apply to 31 requests for funding made pursuant to this subsection.32 (((8))) (9)(a) For the 2021-2023 fiscal biennium, the legislature 33 may approve funding for a collective bargaining agreement negotiated 34 by the governor or governor's designee and the Washington public 35 employees association community college coalition and the general 36 government agencies and ratified by the exclusive bargaining 37 representative before final legislative action on the omnibus 38 appropriations act by the sitting legislature. 39 p. 23 SB 5415 (b) For the 2021-2023 fiscal biennium, the legislature may 1 approve funding for a collective bargaining agreement negotiated 2 between Highline Community College and the Washington public 3 employees association and ratified by the exclusive bargaining 4 representative before final legislative action on the omnibus 5 appropriations act by the sitting legislature. 6 (c) For the 2021-2023 fiscal biennium, the legislature may 7 approve funding for collective bargaining agreements negotiated 8 between Eastern Washington University and bargaining units of the 9 Washington federation of state employees and the public school 10 employees association, and between Yakima Valley College and the 11 Washington public employees association, and ratified by the 12 exclusive bargaining representatives before final legislative action 13 on the omnibus appropriations act by the sitting legislature.14 (d) Subsection (3)(a) and (b) of this section does not apply to 15 requests for funding made pursuant to this subsection.16 Sec. 9. RCW 47.64.170 and 2015 3rd sp.s. c 1 s 305 are each 17 amended to read as follows: 18 (1) Any ferry employee organization certified as the bargaining 19 representative shall be the exclusive representative of all ferry 20 employees in the bargaining unit and shall represent all such 21 employees fairly. 22 (2) A ferry employee organization or organizations and the 23 governor may each designate any individual as its representative to 24 engage in collective bargaining negotiations. 25 (3) Negotiating sessions, including strategy meetings of the 26 employer or employee organizations, mediation, and the deliberative 27 process of arbitrators are exempt from the provisions of chapter 28 42.30 RCW. Hearings conducted by arbitrators may be open to the 29 public by mutual consent of the parties. 30 (4) Terms of any collective bargaining agreement may be enforced 31 by civil action in Thurston county superior court upon the initiative 32 of either party. 33 (5) Ferry system employees or any employee organization shall not 34 negotiate or attempt to negotiate directly with anyone other than the 35 person who has been appointed or authorized a bargaining 36 representative for the purpose of bargaining with the ferry employees 37 or their representative. 38 p. 24 SB 5415 (6)(a) Within ten working days after the first Monday in 1 September of every odd-numbered year, the parties shall attempt to 2 agree on an interest arbitrator to be used if the parties are not 3 successful in negotiating a comprehensive collective bargaining 4 agreement. If the parties cannot agree on an arbitrator within the 5 ten-day period, either party may request a list of seven arbitrators 6 from the federal mediation and conciliation service. The parties 7 shall select an interest arbitrator using the coin toss/alternate 8 strike method within thirty calendar days of receipt of the list. 9 Immediately upon selecting an interest arbitrator, the parties shall 10 cooperate to reserve dates with the arbitrator for potential 11 arbitration between August 1st and September 15th of the following 12 even-numbered year. The parties shall also prepare a schedule of at 13 least five negotiation dates for the following year, absent an 14 agreement to the contrary. The parties shall execute a written 15 agreement before November 1st of each odd-numbered year setting forth 16 the name of the arbitrator and the dates reserved for bargaining and 17 arbitration. This subsection (6)(a) imposes minimum obligations only 18 and is not intended to define or limit a party's full, good faith 19 bargaining obligation under other sections of this chapter.20 (b) The negotiation of a proposed collective bargaining agreement 21 by representatives of the employer and a ferry employee organization 22 shall commence on or about February 1st of every even-numbered year.23 (c) For negotiations covering the 2009-2011 biennium and 24 subsequent biennia, the time periods specified in this section, and 25 in RCW 47.64.210 and 47.64.300 through 47.64.320, must ensure 26 conclusion of all agreements on or before October 1st of the even-27 numbered year next preceding the biennial budget period during which 28 the agreement should take effect. These time periods may only be 29 altered by mutual agreement of the parties in writing. Any such 30 agreement and any impasse procedures agreed to by the parties under 31 RCW 47.64.200 must include an agreement regarding the new time 32 periods that will allow final resolution by negotiations or 33 arbitration by October 1st of each even-numbered year.34 (7) It is the intent of this section that the collective 35 bargaining agreement or arbitrator's award shall commence on July 1st 36 of each odd-numbered year and shall terminate on June 30th of the 37 next odd-numbered year to coincide with the ensuing biennial budget 38 year, as defined by RCW 43.88.020(((7))) (9), to the extent 39 practical. It is further the intent of this section that all 40 p. 25 SB 5415 collective bargaining agreements be concluded by October 1st of the 1 even-numbered year before the commencement of the biennial budget 2 year during which the agreements are to be in effect. After the 3 expiration date of a collective bargaining agreement negotiated under 4 this chapter, except to the extent provided in subsection (11) of 5 this section and RCW 47.64.270(4), all of the terms and conditions 6 specified in the collective bargaining agreement remain in effect 7 until the effective date of a subsequently negotiated agreement, not 8 to exceed one year from the expiration date stated in the agreement. 9 Thereafter, the employer may unilaterally implement according to law.10 (8) The office of financial management shall conduct a salary 11 survey, for use in collective bargaining and arbitration.12 (9) Except as provided in subsection (11) of this section:13 (a) The governor shall submit a request either for funds 14 necessary to implement the collective bargaining agreements 15 including, but not limited to, the compensation and fringe benefit 16 provisions or for legislation necessary to implement the agreement, 17 or both. Requests for funds necessary to implement the collective 18 bargaining agreements shall not be submitted to the legislature by 19 the governor unless such requests: 20 (i) Have been submitted to the director of the office of 21 financial management by October 1st before the legislative session at 22 which the requests are to be considered; and 23 (ii) Have been certified by the director of the office of 24 financial management as being feasible financially for the state.25 (b) The governor shall submit a request either for funds 26 necessary to implement the arbitration awards or for legislation 27 necessary to implement the arbitration awards, or both. Requests for 28 funds necessary to implement the arbitration awards shall not be 29 submitted to the legislature by the governor unless such requests:30 (i) Have been submitted to the director of the office of 31 financial management by October 1st before the legislative session at 32 which the requests are to be considered; and 33 (ii) Have been certified by the director of the office of 34 financial management as being feasible financially for the state.35 (c)(i) The director of the office of financial management shall 36 not certify as financially feasible any collective bargaining 37 agreement under (a)(ii) or (b)(ii) of this subsection if the 38 governor's budget document or any appendix to a budget or budget 39 document submitted under RCW 43.88.030 and 43.88.060 proposes to:40 p. 26 SB 5415 (A) Fund expenditures by raising taxes; or1 (B) Withdraw and appropriate funds from the budget stabilization 2 account that requires a favorable vote of at least three-fifths of 3 the members of each house of the legislature.4 (ii) For purposes of this subsection, "raising taxes" means any 5 action or combination of actions by the state legislature that 6 increases state tax revenue deposited in any fund, budget, or 7 account, regardless of whether the revenues are deposited into the 8 general fund.9 (d) The legislature shall approve or reject the submission of the 10 request for funds necessary to implement the collective bargaining 11 agreements or arbitration awards as a whole for each agreement or 12 award. The legislature shall not consider a request for funds to 13 implement a collective bargaining agreement or arbitration award 14 unless the request is transmitted to the legislature as part of the 15 governor's budget document submitted under RCW 43.88.030 and 16 43.88.060. If the legislature rejects or fails to act on the 17 submission, either party may reopen all or part of the agreement and 18 award or the exclusive bargaining representative may seek to 19 implement the procedures provided for in RCW 47.64.210 and 47.64.300.20 (10) If, after the compensation and fringe benefit provisions of 21 an agreement are approved by the legislature, a significant revenue 22 shortfall occurs resulting in reduced appropriations, as declared by 23 proclamation of the governor or by resolution of the legislature, 24 both parties shall immediately enter into collective bargaining for a 25 mutually agreed upon modification of the agreement.26 (11)(a) For the collective bargaining agreements negotiated for 27 the 2011-2013 fiscal biennium, the legislature may consider a request 28 for funds to implement a collective bargaining agreement even if the 29 request for funds was not received by the office of financial 30 management by October 1st and was not transmitted to the legislature 31 as part of the governor's budget document submitted under RCW 32 43.88.030 and 43.88.060. 33 (b) For the 2013-2015 fiscal biennium, a collective bargaining 34 agreement related to employee health care benefits negotiated between 35 the employer and coalition pursuant to RCW 41.80.020(3) regarding the 36 dollar amount expended on behalf of each employee must be a separate 37 agreement for which the governor may request funds necessary to 38 implement the agreement. The legislature may act upon a 2013-2015 39 collective bargaining agreement related to employee health care 40 p. 27 SB 5415 benefits if an agreement is reached and submitted to the office of 1 financial management and legislative budget committees before final 2 legislative action on the biennial or supplemental operating budget 3 by the sitting legislature. 4 (c) For the collective bargaining agreements negotiated for the 5 2013-2015 fiscal biennium, the legislature may consider a request for 6 funds to implement a collective bargaining agreement reached after 7 October 1st after a determination of financial infeasibility by the 8 director of the office of financial management if the request for 9 funds is transmitted to the legislature as part of the governor's 10 budget document submitted under RCW 43.88.030 and 43.88.060.11 Sec. 10. RCW 74.39A.300 and 2018 c 278 s 22 are each amended to 12 read as follows: 13 If the department contracts with any individual providers for 14 personal care services, funding will be determined in accordance with 15 the following process: 16 (1) Upon meeting the requirements of subsection (2) of this 17 section, the governor must submit, as a part of the proposed biennial 18 or supplemental operating budget submitted to the legislature under 19 RCW 43.88.030, a request for funds necessary to administer in-home 20 care programs under this chapter and to implement the compensation 21 and fringe benefits provisions of a collective bargaining agreement 22 entered into under RCW 74.39A.270 or for legislation necessary to 23 implement such agreement. 24 (2) A request for funds necessary to implement the compensation 25 and fringe benefits provisions of a collective bargaining agreement 26 entered into under RCW 74.39A.270 shall not be submitted by the 27 governor to the legislature unless such request: 28 (a) Has been submitted to the director of financial management by 29 October 1st prior to the legislative session at which the request is 30 to be considered; and 31 (b) Has been certified by the director of financial management as 32 being feasible financially for the state or reflects the binding 33 decision of an arbitrator reached under RCW 74.39A.270(2)(c).34 (3)(a) The director of the office of financial management shall 35 not certify as financially feasible any collective bargaining 36 agreement under subsection (2)(b) of this section if the governor's 37 budget document or any appendix to a budget or budget document 38 submitted under RCW 43.88.030 and 43.88.060 proposes to:39 p. 28 SB 5415 (i) Fund expenditures by raising taxes; or1 (ii) Withdraw and appropriate funds from the budget stabilization 2 account that requires a favorable vote of at least three-fifths of 3 the members of each house of the legislature.4 (b) For purposes of this subsection, "raising taxes" means any 5 action or combination of actions by the state legislature that 6 increases state tax revenue deposited in any fund, budget, or 7 account, regardless of whether the revenues are deposited into the 8 general fund.9 (4) The legislature must approve or reject the submission of the 10 request for funds as a whole. If the legislature rejects or fails to 11 act on the submission, any such agreement will be reopened solely for 12 the purpose of renegotiating the funds necessary to implement the 13 agreement. 14 (((4))) (5) When any increase in individual provider wages or 15 benefits is negotiated or agreed to, no increase in wages or benefits 16 negotiated or agreed to under this chapter will take effect unless 17 and until, before its implementation, the department has determined 18 that the increase is consistent with federal law and federal 19 financial participation in the provision of services under Title XIX 20 of the federal social security act. 21 (((5))) (6) The governor shall periodically consult with the 22 joint committee on employment relations established by RCW 41.80.010 23 regarding appropriations necessary to implement the compensation and 24 fringe benefits provisions of any collective bargaining agreement 25 and, upon completion of negotiations, advise the committee on the 26 elements of the agreement and on any legislation necessary to 27 implement such agreement. 28 (((6))) (7) After the expiration date of any collective 29 bargaining agreement entered into under RCW 74.39A.270, all of the 30 terms and conditions specified in any such agreement remain in effect 31 until the effective date of a subsequent agreement, not to exceed one 32 year from the expiration date stated in the agreement, except as 33 provided in RCW 74.39A.270. 34 (((7))) (8) If, after the compensation and benefit provisions of 35 an agreement are approved by the legislature, a significant revenue 36 shortfall occurs resulting in reduced appropriations, as declared by 37 proclamation of the governor or by resolution of the legislature, 38 both parties shall immediately enter into collective bargaining for a 39 mutually agreed upon modification of the agreement.40 p. 29 SB 5415 Sec. 11. RCW 74.39A.530 and 2021 c 186 s 2 are each amended to 1 read as follows: 2 If the department contracts with a consumer directed employer:3 (1) In addition to overtime and compensable travel time set forth 4 in RCW 74.39A.525, the initial labor rates shall be paid as described 5 in the most recent collective bargaining agreement between the 6 governor and the service employees international union 775, plus the 7 hourly roll-up costs of any additional legally required benefits or 8 labor costs, until subsequent rates can be established in accordance 9 with this section. 10 (2) A rate-setting board is established which is comprised of the 11 voting members and nonvoting members to evaluate and propose changes 12 in the rates paid to the consumer directed employer.13 (a) The following members shall be voting members:14 (i) One representative from the governor's office;15 (ii) One representative from the department; 16 (iii) One representative from each consumer directed employer; 17 and 18 (iv) One designee from the exclusive bargaining representative of 19 individual providers or, in the absence of an exclusive bargaining 20 representative, a designee from the consumer directed employer 21 workforce chosen by the employees of the consumer directed employer.22 (b) The following nine members of the board shall be nonvoting 23 advisory members: 24 (i) Four legislators, one member from each caucus of the house of 25 representatives and the senate; 26 (ii) One representative from the state council on aging, 27 appointed by the governor; 28 (iii) One representative of an organization representing people 29 with intellectual or developmental disabilities appointed by the 30 governor; 31 (iv) One representative of an organization representing people 32 with physical disabilities appointed by the governor;33 (v) One representative from the licensed home care agency 34 industry chosen by the state's largest association of home care 35 agencies that primarily serves state-funded clients; and36 (vi) One home care worker chosen by the state's largest 37 organization of home care workers. 38 (c) The governor's appointments shall be made by April 1st in 39 even-numbered years. 40 p. 30 SB 5415 (3) When the board membership has four voting members listed in 1 subsection (2)(a) of this section, each voting member shall have one 2 vote. When there are five voting members due to two consumer directed 3 employer representatives, each voting member listed in subsection 4 (2)(a) of this section shall have two votes with the exception of the 5 consumer directed employer representatives who shall have one vote. 6 Voting members cannot split their votes. A majority of the voting 7 members of the board constitutes a quorum for the transaction of 8 business and is necessary for any action taken by the board.9 (4) Beginning in the year following the establishment of the 10 initial rate under subsection (1) of this section, and in every even-11 numbered year thereafter, the rate-setting board shall attempt to 12 determine a proposed labor rate, including a specific amount for 13 health benefits by considering the factors listed in RCW 41.56.465 14 (1) and (5). In addition, the rate-setting board shall attempt to 15 determine an administrative rate for the consumer directed employer.16 In addition, the rate-setting board may take testimony and make a 17 recommendation regarding the administrative vendor rate for home care 18 agencies that serve medicaid clients. 19 (5) The department shall provide administrative support for the 20 board. 21 (a) At the commencement of the board's rate-setting activities, 22 the voting members must first attempt to select an additional voting 23 member, who will chair the rate-setting board and will cast a tie-24 breaking vote if the voting members identified in subsection (2) of 25 this section are unable to pass by majority vote on the labor rate.26 (b) On the first occasion that the voting members identified in 27 subsection (2)(a) of this section fail to select a tie-breaking 28 member by a majority vote, the chair member will be selected as 29 follows: 30 (i) The voting member representing the governor's office shall 31 request a list of five qualified arbitrators, or six if there are two 32 consumer directed employers, from the federal mediation and 33 conciliation service. 34 (ii) If a majority of the voting members of the board cannot 35 agree on the selection of a neutral arbitrator from the list, the 36 representative from the consumer directed employer who first 37 contacted the department will strike a name from the list first. The 38 representative from the governor's office shall then strike a name 39 from the list, the designee from the exclusive bargaining 40 p. 31 SB 5415 representative or, in the absence of an exclusive bargaining 1 representative, the designee from the consumer directed employer 2 workforce shall strike a name from the list, if there are two 3 consumer directed employers, the second representative will strike a 4 name from the list, and finally the representative from the 5 department shall strike a name from the list. 6 (iii) The name of the arbitrator remaining after the final strike 7 shall be the chair member of the board. 8 (iv) If that person is not willing or available to be the chair 9 member, the second to last person remaining on the list shall be 10 asked to be the chair member. If the second to last person is not 11 willing or available, the third to last person shall be asked to be 12 the chair member. This process of selecting an arbitrator shall be 13 continued until a chair member of the board is appointed.14 (c) On the next occasion that the voting members identified in 15 subsection (2)(a) of this section fail to select a chair member by a 16 majority vote, the chair member will be selected using the method 17 described in (b) of this subsection except that the order of board 18 members striking names from the list, described in (b)(ii) of this 19 subsection, shall be reversed. 20 (d) On each successive occasion that the voting members 21 identified in subsection (2)(a) of this section fail to select a 22 chair member by a majority vote, the order of voting members striking 23 names from the list will continue to alternate between the order 24 described in (b)(ii) and (c) of this subsection. 25 (6) If an agreement on a proposed labor rate, an administrative 26 rate, or both, is not reached by a majority of the voting members of 27 the rate-setting board prior to July 1st, then: 28 (a) The labor rate shall be determined by the vote of the chair 29 member, who was selected in accordance with subsections (2) and 30 (5)(a) of this section; and 31 (b) The administrative rate shall be determined by the 32 department. 33 (7) After the rates have been determined in accordance with 34 subsections (3) through (6) of this section, they shall be submitted 35 to the director of the office of financial management by October 1st 36 prior to the legislative session during which the requests are to be 37 considered for review. If the director of the office of financial 38 management certifies them as being feasible financially for the 39 state, the governor shall include a request for funds necessary to 40 p. 32 SB 5415 implement the proposed rates as part of the governor's budget 1 document submitted under RCW 43.88.030 and 43.88.060. The legislature 2 shall approve or reject the request for funds as a whole.3 (8)(a) The director of the office of financial management shall 4 not certify as financially feasible any collective bargaining 5 agreement under subsection (7) of this section if the governor's 6 budget document or any appendix to a budget or budget document 7 submitted under RCW 43.88.030 and 43.88.060 proposes to:8 (i) Fund expenditures by raising taxes; or9 (ii) Withdraw and appropriate funds from the budget stabilization 10 account that requires a favorable vote of at least three-fifths of 11 the members of each house of the legislature.12 (b) For purposes of this subsection, "raising taxes" means any 13 action or combination of actions by the state legislature that 14 increases state tax revenue deposited in any fund, budget, or 15 account, regardless of whether the revenues are deposited into the 16 general fund.17 (9) If the legislature rejects the request under subsection (6) 18 of this section, the matter shall return to the rate-setting board 19 established under this section for further consideration. Until the 20 legislature approves a request for funds under this section, the 21 current labor rate shall stay in effect. 22 (((9))) (10) The labor rate approved by the legislature shall be 23 an hourly rate paid to the consumer directed employer. The labor rate 24 shall be used exclusively for paying the wages, associated taxes, and 25 benefits of individual providers. The consumer directed employer 26 shall have full discretion to set wages and benefits for individual 27 providers, except as provided in: (a) Subsection (((10))) (11) of 28 this section; (b) any specific legislative appropriation requirement; 29 or (c) a collective bargaining agreement, if applicable.30 (((10))) (11) The labor rate shall include a specific hourly 31 amount that the consumer directed employer may use only for health 32 benefits for individual providers. 33 (((11))) (12) The department shall make a one-time transfer of 34 funds totaling the full amount of previously unclaimed paid time off 35 to the consumer directed employer, and shall transfer all associated 36 liabilities for payment of unclaimed paid time off to the consumer 37 directed employer. This amount shall be accounted for as a labor rate 38 payment. 39 p. 33 SB 5415 (((12))) (13) The department shall have the authority to modify 1 the labor rate and the administrative rate between the rate-setting 2 board's rate-setting activities without convening the rate-setting 3 board or following the preceding rate-setting process, subject to the 4 following conditions: 5 (a) The department finds the changes to the rates necessary to:6 (i) Recognize changes to the department's required expenditures 7 or the consumer directed employer's required costs associated with 8 changes to tax rates, required employer contributions, mileage rate 9 allowances, and utilization of overtime to comply with RCW 10 74.39A.525; or 11 (ii) Comply with a significant change in state or federal rule or 12 law that would impact the consumer directed employer's ability to 13 operate; 14 (b) Changes to the rates shall not exceed two percent of the 15 combined labor and administrative rates; and 16 (c) Any increase to the rates is contingent on appropriation of 17 adequate funds by the legislature. 18 (((13))) (14) For the purpose of this section:19 (a) "Labor rate" is defined as that portion of the consumer 20 directed employer's hourly rate that is to be used by the consumer 21 directed employer to compensate its workers, including wages, 22 benefits, and any associated taxes. 23 (b) "Administrative rate" is defined as that portion of the 24 consumer directed employer's hourly rate that is to be used by the 25 consumer directed employer to perform its administrative duties 26 including losses for bad debt, compensation for business and 27 occupation taxes on the labor and administrative rates, and all other 28 costs associated with operating as the consumer directed employer.29 --- END --- p. 34 SB 5415