reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.720 - Additional investigation—Terms of prequalification—Notice of nonqualification.

RCW 47.60.720
Additional investigation—Terms of prequalification—Notice of nonqualification.
Upon receipt of an application by a contractor for prequalification to perform ferry system construction and repair contracts, the department shall conduct such additional investigation as it deems necessary. If it finds that the applicant is qualified in accordance with the rules as adopted by the secretary, the department shall prequalify the contractor to perform the contracts for a period of one year. The prequalification shall fix the aggregate dollar amount of work, including any contract let by the department, that the contractor may have under contract and uncompleted at any one time and may limit the contractor to the submission of bids or proposals upon a certain class of work. Subject to any restrictions on the dollar amount or class of work specified thereunder, the prequalification shall authorize a contractor to bid or submit proposals on all ferry system construction and repair contracts mentioned in RCW 47.60.680 except contracts requiring special prequalification. If the department determines that an applicant is not entitled to prequalification, it shall give written notice of the determination to the applicant.
[ 1983 c 133 § 5.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.730 - Renewal of prequalification—Nonrenewal or revocation, notice.

RCW 47.60.730
Renewal of prequalification—Nonrenewal or revocation, notice.
A contractor may apply annually for renewal of its prequalification by submission of a new or supplemental questionnaire and financial statement on standard forms provided by the department. Based upon information received at the time of renewal or at any other time the department may amend the prequalification of the contractor as to the dollar amount or class of work that the contractor may perform or may refuse to renew the prequalification or may revoke a prequalification previously approved, all in accordance with the same standards and criteria used for considering an original application for prequalification. The department shall give written notice of any such action to the contractor.
[ 1983 c 133 § 6.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.740 - Rejection of bid despite prequalification—Unqualified bidder.

RCW 47.60.740
Rejection of bid despite prequalification—Unqualified bidder.
If the department finds, after the opening of bids, that facts exist that would disqualify the lowest bidder, or that the lowest bidder is not competent or responsible in accordance with the standards and criteria for prequalifying contractors, the department shall reject the bid despite the prior prequalification of the bidder. No contract may be awarded to a bidder not qualified to bid on it at the time fixed for receiving bids.
[ 1983 c 133 § 7.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.750 - Appeal of refusal, modification, or revocation of prequalification.

RCW 47.60.750
Appeal of refusal, modification, or revocation of prequalification.
The action of the department in refusing, modifying, or revoking the prequalification of any contractor under RCW 47.60.680 through 47.60.740 is conclusive unless an appeal is filed with the Thurston county superior court within ten days after receiving written notice of the refusal, modification, or revocation. The appeal shall be heard summarily within twenty days after the appeal is taken and on five days notice thereof to the department. The court shall hear any such appeal on the administrative record that was before the department. The court may affirm the decision of the department, or it may reverse the decision if it determines the action of the department was arbitrary or capricious.
[ 1983 c 133 § 8.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.760 - Financial information regarding qualifying not public.

RCW 47.60.760
Financial information regarding qualifying not public.
The department of transportation shall not be required to make available for public inspection and copying financial information supplied by any person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750.
[ 1983 c 133 § 9.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.800 - General obligation bonds—1992 issue—Purpose—Issuance and sale.

RCW 47.60.800
General obligation bonds—1992 issue—Purpose—Issuance and sale.
In order to provide funds necessary for vessel and terminal acquisition, construction, and major and minor improvements, including long lead time materials acquisition for the Washington state ferries, there shall be issued and sold upon the request of the Washington state transportation commission and legislative appropriation a total of two hundred ten million dollars of general obligation bonds of the state of Washington.
[ 1992 c 158 § 1.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.802 - Bonds—1992 issue—Supervision of sale by state finance committee—Option of short-term obligations.

RCW 47.60.802
Bonds—1992 issue—Supervision of sale by state finance committee—Option of short-term obligations.
(1) Upon request being made by the transportation commission, the state finance committee shall supervise and provide for the issuance, sale, and retirement of the bonds authorized by RCW 47.60.800 through 47.60.808 in accordance with chapter 39.42 RCW. The bonds may be sold from time to time in such amounts as may be necessary for the purposes under RCW 47.60.800. The bonds shall be sold in such manner, at such time or times, in such amounts, and at such price or prices as the state finance committee shall determine. No such bonds may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.
(2) The state finance committee shall consider the issuance of short-term obligations in lieu of long-term obligations for the purposes of more favorable interest rates, lower total interest costs, and increased marketability and for the purposes of retiring the bonds during the life of the project for which they were issued.
[ 1992 c 158 § 2.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.804 - Bonds—1992 issue—Use of proceeds.

RCW 47.60.804
Bonds—1992 issue—Use of proceeds.
The proceeds from the sale of bonds authorized by RCW 47.60.800 through 47.60.808 shall be deposited in the Puget Sound capital construction account of the motor vehicle fund and such proceeds shall be available only for the purposes under RCW 47.60.800, for the payment of bond anticipation notes, if any, and for the payment of bond issuance costs, including the costs of underwriting.
[ 1992 c 158 § 3.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.806 - Bonds—1992 issue—Payment of principal and interest from pledged excise taxes.

RCW 47.60.806
Bonds—1992 issue—Payment of principal and interest from pledged excise taxes.
Bonds issued under the authority of RCW 47.60.800 through 47.60.808 shall distinctly state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the same shall become due. The principal and interest shall be first payable in the manner provided in RCW 47.60.800 through 47.60.808 from the proceeds of the state excise taxes on motor vehicle and special fuels imposed by chapters *82.36 and 82.38 RCW and distributed to the state pursuant to RCW 46.68.130 and shall never constitute a charge against any allocations of such funds to counties, cities, and towns unless and until the amount of the motor vehicle fund arising from the excise taxes on motor vehicle and special fuels and available for state highway purposes proves insufficient to meet the requirements for bond retirement or interest on any such bonds. Proceeds of such excise taxes are hereby pledged to the payment of any bonds and the interest thereon issued under the authority of RCW 47.60.800 through 47.60.808, and the legislature agrees to continue to impose these excise taxes on motor vehicle and special fuels in amounts sufficient to pay, when due, the principal and interest on all bonds issued under the authority of RCW 47.60.800 through 47.60.808.
[ 1995 c 274 § 19; 1992 c 158 § 4.]
NOTES:
*Reviser's note: Chapter 82.36 RCW was repealed in its entirety by 2013 c 225 § 501, effective July 1, 2016.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.808 - Bonds—1992 issue—Payment from ferry bond retirement fund.

RCW 47.60.808
Bonds—1992 issue—Payment from ferry bond retirement fund.
Both principal and interest on the bonds issued for the purposes of RCW 47.60.800 through 47.60.808 shall be payable from the ferry bond retirement fund authorized in RCW 47.60.600. Whenever, pursuant to RCW 47.60.800 and 47.60.806, the state treasurer transfers funds from the motor vehicle fund to the ferry bond retirement fund, the state treasurer may at the same time reimburse the motor vehicle fund in an identical amount from the Puget Sound capital construction account.
[ 1992 c 158 § 5.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.810 - Design-build ferries—Independent owner's representative—Phases defined—Department may modify certain existing option contracts.

RCW 47.60.810
Design-build ferries—Independent owner's representative—Phases defined—Department may modify certain existing option contracts.
(1) Except as otherwise provided in RCW 47.60.826, the department shall use a modified request for proposals process when purchasing new auto ferries, except for new 144-auto ferries purchased through an option on a contract executed before July 6, 2015, whereby the prevailing shipbuilder and the department engage in a design and build partnership for the design and construction of the auto ferries. The process consists of the three phases described in subsection (3) of this section.
(2) Throughout the three phases described in subsection (3) of this section, the department shall employ an independent owner's representative to serve as a third-party intermediary between the department and the proposers, and subsequently the successful proposer. However, this representative shall serve only during the development and construction of the first vessel constructed as part of a new class of vessels developed after July 6, 2015. The independent owner's representative shall:
(a) Serve as the department's primary advocate and communicator with the proposers and successful proposer;
(b) Perform project quality oversight;
(c) Manage any change order requests;
(d) Ensure that the contract is adhered to and the department's best interests are considered in all decisions; and
(e) Possess knowledge of and experience with inland waterways, Puget Sound vessel operations, the propulsion system of the new vessels, and Washington state ferries operations.
(3) The definitions in this subsection apply throughout RCW 47.60.812 through 47.60.822.
(a) "Phase one" means the evaluation and selection of proposers to participate in development of technical proposals in phase two.
(b) "Phase two" means the preparation of technical proposals by the selected proposers in consultation with the department.
(c) "Phase three" means the submittal and evaluation of bids, the award of the contract to the successful proposer, and the design and construction of the auto ferries.
(4) The department may modify an existing option contract executed prior to July 6, 2015, to allow for the purchase of up to five additional 144-auto ferries, for a total of nine 144-auto ferries. The department must execute a new modification to an existing option contract for each of the additional five ferries.
[ 2023 c 429 § 3; 2019 c 431 § 1; 2015 3rd sp.s. c 14 § 3; 2001 c 226 § 4.]
NOTES:
Effective date—2023 c 429: See note following RCW 47.60.826.
Effective date—2015 3rd sp.s. c 14: See note following RCW 47.60.005.
Findings—Purpose—2001 c 226: See note following RCW 47.20.780.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.812 - Design-build ferries—Notice of request for proposals.

RCW 47.60.812
Design-build ferries—Notice of request for proposals.
To commence the request for proposals process, the department shall publish a notice of its intent once a week for at least two consecutive weeks in at least one trade paper and one other paper, both of general circulation in the state. The notice must contain, but is not limited to, the following information:
(1) The number of auto ferries to be procured, the auto and passenger capacities, the delivery dates, and the estimated price range for the contract;
(2) A statement that a modified request for proposals design and build partnership will be used in the procurement process;
(3) A short summary of the requirements for prequalification of proposers including a statement that prequalification is a prerequisite to submittal of a proposal in phase one; and
(4) An address and telephone number that may be used to obtain a prequalification questionnaire and the request for proposals.
[ 2001 c 226 § 5.]
NOTES:
Findings—Purpose—2001 c 226: See note following RCW 47.20.780.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.815 - Design-build ferries—Cost-benefit analysis—Engineer's estimate—Subsequent request for proposals, when required.

RCW 47.60.815
Design-build ferries—Cost-benefit analysis—Engineer's estimate—Subsequent request for proposals, when required.
(1) The Washington state institute for public policy must conduct a cost-benefit analysis of the state's ferry vessel procurement practices. This analysis must (a) compare in-state construction to construction at shipyards across the United States, (b) identify barriers to receiving three or more in-state bids to a request for proposals, and (c) recommend policies to encourage three or more in-state bidders to respond to a request for proposals. This analysis must be provided to the governor, the transportation committees of the legislature, and the department by December 1, 2016.
(2) In developing its engineer's estimate to procure a ferry vessel, the department must identify significant project cost drivers, including materials, labor, overhead, delivery, and profit.
(3) After July 1, 2017, if all responses to the initial request for proposals under RCW 47.60.814 are greater than five percent above the department's engineer's estimate for the project, the department must reject all proposals and issue a subsequent request for proposal that is not subject to RCW 47.60.814(1)(r).
[ 2015 3rd sp.s. c 14 § 5.]
NOTES:
Effective date—2015 3rd sp.s. c 14: See note following RCW 47.60.005.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.816 - Design-build ferries—Phase one.

RCW 47.60.816
Design-build ferries—Phase one.
Phase one of the request for proposals process consists of evaluation and selection of prequalified proposers to participate in subsequent development of technical proposals in phase two, as follows:
(1) The department shall issue a request for proposals to interested parties.
(2) The request for proposals must require that each proposer prequalify for the contract under chapter 468-310 WAC, except that the department may adopt rules for the financial prequalification of proposers for this specific contract only. The department shall modify the financial prequalification rules in chapter 468-310 WAC in order to maximize competition among financially capable and otherwise qualified proposers. In adopting these rules, the department shall consider factors including, without limitation: (a) Shipyard resources in Washington state; (b) the cost to design and construct multiple vessels under a single contract without options; and (c) the sequenced delivery schedule for the vessels.
(3) The department may use some, or all, of the nonfinancial prequalification factors as part of the evaluation factors in phase one to enable the department to select a limited number of best qualified proposers to participate in development of technical proposals in phase two.
(4) The department shall evaluate submitted proposals in accordance with the selection criteria established in the request for proposals. Selection criteria may include, but are not limited to, the following:
(a) Shipyard facilities;
(b) Organization components;
(c) Design capability;
(d) Build strategy;
(e) Experience and past performance;
(f) Ability to meet vessel delivery dates;
(g) Projected workload; and
(h) Expertise of project team and other key personnel.
(5) Upon concluding its evaluation of proposals, the department shall select the best qualified proposers in accordance with the request for proposals. The selected proposers must participate in development of technical proposals. Selection must be made in accordance with the selection criteria stated in the request for proposals. All proposers must be ranked in order of preference as derived from the same selection criteria.
[ 2001 c 226 § 7.]
NOTES:
Findings—Purpose—2001 c 226: See note following RCW 47.20.780.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.818 - Design-build ferries—Phase two.

RCW 47.60.818
Design-build ferries—Phase two.
Phase two of the request for proposals process consists of preparation of technical proposals in consultation with the department, as follows:
(1) The development of technical proposals in compliance with the detailed instructions provided in the request for proposals, including the outline specifications, and any addenda to them. Technical proposals must include the following:
(a) Design and specifications sufficient to fully depict the ferries' characteristics and identify installed equipment;
(b) Drawings showing arrangements of equipment and details necessary for the proposer to develop a firm, fixed price bid;
(c) Project schedule including vessel delivery dates; and
(d) Other appropriate items.
(2) The department shall conduct periodic reviews with each of the selected proposers to consider and critique their designs, drawings, and specifications. These reviews must be held to ensure that technical proposals meet the department's requirements and are responsive to the critiques conducted by the department during the development of technical proposals.
(3) If, as a result of the periodic technical reviews or otherwise, the department determines that it is in the best interests of the department to modify any element of the request for proposals, including the outline specifications, it shall do so by written addenda to the request for proposals.
(4) Proposers must submit final technical proposals for approval that include design, drawings, and specifications at a sufficient level of detail to fully depict the ferries' characteristics and identify installed equipment, and to enable a proposer to deliver a firm, fixed price bid to the department. The department shall reject final technical proposals that modify, fail to conform to, or are not fully responsive to and in compliance with the requirements of the request for proposals, including the outline specifications, as amended by addenda.
[ 2001 c 226 § 8.]
NOTES:
Findings—Purpose—2001 c 226: See note following RCW 47.20.780.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.822 - Design-build ferries—Notice to proposers not selected—Appeal.

RCW 47.60.822
Design-build ferries—Notice to proposers not selected—Appeal.
(1) The department shall immediately notify those proposers that are not selected to participate in development of technical proposals in phase one and those proposers who submit unsuccessful bids in phase three.
(2) The department's decision is conclusive unless an aggrieved proposer files an appeal with the superior court of Thurston county within five days after receiving notice of the department's award decision. The court shall hear any such appeal on the department's administrative record for the project. The court may affirm the decision of the department, or it may reverse or remand the administrative decision if it determines the action of the department was arbitrary and capricious.
[ 2001 c 226 § 10.]
NOTES:
Findings—Purpose—2001 c 226: See note following RCW 47.20.780.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.830 - Ferry system operation—Fuel purchasing strategies—Report.

RCW 47.60.830
Ferry system operation—Fuel purchasing strategies—Report.
In performing the function of operating its ferry system, the department may, subject to the availability of amounts appropriated for this specific purpose and after consultation with the department of enterprise services, explore and implement strategies designed to reduce the overall cost of fuel and mitigate the impact of market fluctuations and pressure on both short-term and long-term fuel costs. These strategies may include, but are not limited to, futures contracts, hedging, swap transactions, option contracts, costless collars, and long-term storage. The department shall periodically submit a report to the transportation committees of the legislature and the department of enterprise services on the status of any such implemented strategies, including cost mitigation results, a description of each contract established to mitigate fuel costs, the amounts of fuel covered by the contracts, the cost mitigation results, and any related recommendations. The first report must be submitted within one year of implementation.
[ 2015 c 225 § 101; 2008 c 126 § 4.]
NOTES:
Finding—Intent—2008 c 126: See note following RCW 35.58.262.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.835 - Small business enterprise enforceable goals program.

RCW 47.60.835
Small business enterprise enforceable goals program.
(1) In the absence of federal funding and the applicability of the disadvantaged business enterprise program, to increase race and gender-neutral participation of small and diverse businesses in ferry procurement, the Washington state department of transportation's office of equal opportunity and civil rights shall develop and monitor a state small business enterprise enforceable goals program. Pursuant to this program, the office shall establish contract goals for ferry vessel procurement. The contract goal is defined as a percentage of the contract award amount that the prime contractor must meet by subcontracting with small business enterprises. The enforceable goal for all ferry vessel procurement contracts will be set by the office. Prime contractors unable to meet the enforceable goals must submit evidence of good faith efforts to meet the contract goals to the small business enterprise enforceable goals program. The department, in collaboration with the office of equal opportunities [opportunity] and civil rights will develop contractual remedies should the contractor not make good faith efforts.
(2) Small business enterprises intending to benefit from the small business enterprise enforceable goals program established in subsection (1) of this section must meet the definition of "small business" in RCW 39.26.010 and must be certified as a "small business enterprise" by the Washington state office of minority and women's business enterprises. Prime contractors will enter all subcontractor payments into the office's diversity management and compliance system. The office of equal opportunity and civil rights shall monitor program performance.
[ 2023 c 429 § 4; 2019 c 431 § 2.]
NOTES:
Effective date—2023 c 429: See note following RCW 47.60.826.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.838 - Vessel and terminal electrification program.

RCW 47.60.838
Vessel and terminal electrification program.
It is the intent of the legislature to fully fund the vessel and terminal electrification program in accordance with the Washington state ferries 2040 long range plan. The legislature finds that to attain the 2040 target fleet size of 26 vessels, a biennial replacement schedule is necessary to ensure the level of ferry service and reliability expected by the public. Therefore, by June 30, 2025, the legislature will secure funding options, including but not limited to a vessel surcharge, to devote the resources necessary to fulfill the vessel and terminal needs outlined in the 2040 long range plan.
[ 2022 c 182 § 431.]
NOTES:
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.60 - Puget Sound Ferry and Toll Bridge System. › 47.60.840 - Annual fare policy.

RCW 47.60.840
Annual fare policy.
Consistent with RCW 47.60.315(1)(b), the commission shall adopt an annual fare policy for Washington state ferries to allow all riders 18 years of age and younger to ride free of charge on all system routes. This fare change must apply to both walk-on passengers and passengers in vehicles. The commission is directed to make the initial fare policy change effective no later than October 1, 2022.
[ 2022 c 182 § 421.]
NOTES:
Effective date—2022 c 182 §§ 313, 408-414, and 421: See note following RCW 82.21.030.
Intent—2022 c 182: See note following RCW 70A.65.240.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.64 - Marine Employees—Public Employment Relations. › 47.64.005 - Declaration of policy.

RCW 47.64.005
Declaration of policy.
The state of Washington, as a public policy, declares that sound labor relations are essential to the development of a ferry and bridge system which will best serve the interests of the people of the state.
[ 1961 c 13 § 47.64.005. Prior: 1949 c 148 § 1; Rem. Supp. 1949 § 6524-22.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.64 - Marine Employees—Public Employment Relations. › 47.64.006 - Public policy.

RCW 47.64.006
Public policy.
The legislature declares that it is the public policy of the state of Washington to: (1) Provide continuous operation of the Washington state ferry system at reasonable cost to users; (2) efficiently provide levels of ferry service consistent with trends and forecasts of ferry usage; (3) promote harmonious and cooperative relationships between the ferry system and its employees by permitting ferry employees to organize and bargain collectively; (4) protect the citizens of this state by assuring effective and orderly operation of the ferry system in providing for their health, safety, and welfare; (5) prohibit and prevent all strikes or work stoppages by ferry employees; (6) protect the rights of ferry employees with respect to employee organizations; and (7) promote just and fair compensation, benefits, and working conditions for ferry system employees as compared with public and private sector employees in states along the west coast of the United States, including Alaska, and in British Columbia in directly comparable but not necessarily identical positions.
[ 1989 c 327 § 1; 1983 c 15 § 1.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.64 - Marine Employees—Public Employment Relations. › 47.64.060 - Federal social security—State employees' retirement.

RCW 47.64.060
Federal social security—State employees' retirement.
All employees engaged in the operation of ferries acquired by the department shall remain subject to the federal social security act and shall be under the state employees' retirement act. The department shall make such deductions from salaries of employees and contributions from revenues of the department as shall be necessary to qualify the employees for benefits under the federal social security act. The appropriate officials are authorized to contract with the secretary of health, education and welfare to effect the coverage.
[ 1984 c 7 § 340; 1961 c 13 § 47.64.060. Prior: 1957 c 271 § 7; 1951 c 82 § 2; 1949 c 148 § 5; Rem. Supp. 1949 § 6524-26.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.64 - Marine Employees—Public Employment Relations. › 47.64.070 - Employees subject to industrial insurance laws.

RCW 47.64.070
Employees subject to industrial insurance laws.
Employees, except the masters and members of the crews of vessels, shall be subject to and entitled to the benefits of the industrial insurance laws of the state, and are hereby declared to be in extrahazardous employment within the meaning of such laws.
[ 1961 c 13 § 47.64.070. Prior: 1951 c 259 § 2; 1949 c 148 § 6; Rem. Supp. 1949 § 6524-27.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.64 - Marine Employees—Public Employment Relations. › 47.64.120 - Scope of negotiations—Interest on retroactive compensation increases—Prohibitions—Agreement conflicts.

RCW 47.64.120
Scope of negotiations—Interest on retroactive compensation increases—Prohibitions—Agreement conflicts.
(1) Except as otherwise provided in this chapter, the employer and ferry system employee organizations, through their collective bargaining representatives, shall meet at reasonable times to negotiate in good faith with respect to wages, hours, working conditions, and insurance, and other matters mutually agreed upon. Employer funded retirement benefits shall be provided under the public employees retirement system under chapter 41.40 RCW and shall not be included in the scope of collective bargaining. Except as provided under RCW 47.64.270, the employer is not required to bargain over health care benefits. Any retirement system or retirement benefits shall not be subject to collective bargaining.
(2) Upon ratification of bargaining agreements, ferry employees are entitled to an amount equivalent to the interest earned on retroactive compensation increases. For purposes of this section, the interest earned on retroactive compensation increases is the same monthly rate of interest that was earned on the amount of the compensation increases while held in the state treasury. The interest will be computed for each employee until the date the retroactive compensation is paid, and must be allocated in accordance with appropriation authority. The interest earned on retroactive compensation is not considered part of the ongoing compensation obligation of the state and is not compensation earnable for the purposes of chapter 41.40 RCW. Negotiations shall also include grievance procedures for resolving any questions arising under the agreement, which shall be embodied in a written agreement and signed by the parties.
(3) The employer shall not bargain over the rights of management as identified in RCW 41.80.040.
(4) A collective bargaining agreement may not contain any provision that extends the term of an existing collective bargaining agreement or applicability of items incompatible with this section in an existing collective bargaining agreement.
(5) Except as otherwise provided in this chapter, if a conflict exists between an executive order, administrative rule, or agency policy relating to wages, hours, and terms and conditions of employment and a collective bargaining agreement negotiated under this chapter, the collective bargaining agreement shall prevail. A provision of a collective bargaining agreement that conflicts with the terms of a statute is invalid and unenforceable.
[ 2011 1st sp.s. c 16 § 7; 2010 c 283 § 10; 2006 c 164 § 3; 1997 c 436 § 1; 1983 c 15 § 3.]
NOTES:
Effective date—2011 1st sp.s. c 16 §§ 1-15: See note following RCW 47.60.530.
Findings—Intent—Effective date—2010 c 283: See notes following RCW 47.60.355.
Prospective application—Savings—Effective dates—2006 c 164: See notes following RCW 47.64.011.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.64 - Marine Employees—Public Employment Relations. › 47.64.130 - Unfair labor practices.

RCW 47.64.130
Unfair labor practices.
(1) It is an unfair labor practice for the employer or its representatives:
(a) To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed by this chapter;
(b) To dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it. However, subject to rules made by the public employment relations commission pursuant to RCW 41.58.050, an employer shall not be prohibited from permitting employees to confer with it or its representatives or agents during working hours without loss of time or pay;
(c) To encourage or discourage membership in any employee organization by discrimination in regard to hiring, tenure of employment, or any term or condition of employment, but nothing contained in this subsection prevents an employer from requiring, as a condition of continued employment, payment of periodic dues and fees uniformly required to an exclusive bargaining representative pursuant to RCW 47.64.160. However, nothing prohibits the employer from agreeing to obtain employees by referral from a lawful hiring hall operated by or participated in by a labor organization;
(d) To discharge or otherwise discriminate against an employee because he or she has filed charges or given testimony under this chapter;
(e) To refuse to bargain collectively with the representatives of its employees.
(2) It is an unfair labor practice for an employee organization:
(a) To restrain or coerce (i) employees in the exercise of the rights guaranteed by this chapter. However, this subsection does not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership therein, or (ii) an employer in the selection of his or her representatives for the purposes of collective bargaining or the adjustment of grievances;
(b) To cause or attempt to cause an employer to discriminate against an employee in violation of subsection (1)(c) of this section;
(c) To refuse to bargain collectively with an employer.
(3) The expression of any view, argument, or opinion, or the dissemination thereof to the public, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this chapter, if the expression contains no threat of reprisal or force or promise of benefit.
[ 2011 1st sp.s. c 16 § 19; 2010 c 8 § 10021; 2006 c 164 § 4; 1983 c 15 § 4.]
NOTES:
Effective date—2011 1st sp.s. c 16 §§ 16-25: See note following RCW 41.58.060.
Transfer of powers, duties, and functions—2011 1st sp.s. c 16: See note following RCW 41.58.060.
Prospective application—Savings—Effective dates—2006 c 164: See notes following RCW 47.64.011.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.64 - Marine Employees—Public Employment Relations. › 47.64.132 - Unfair labor practice procedures—Powers and duties of commission.

RCW 47.64.132
Unfair labor practice procedures—Powers and duties of commission.
(1) The commission is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders; however, a complaint shall not be processed for any unfair labor practice occurring more than six months before the filing of the complaint with the commission or in superior court. This power shall not be affected or impaired by any means of adjustment, mediation, or conciliation in labor disputes that have been or may hereafter be established by law.
(2) If the commission determines that any person has engaged in or is engaging in an unfair labor practice, the commission shall issue and cause to be served upon the person an order requiring the person to cease and desist from such unfair labor practice, and to take such affirmative action as will effectuate the purposes and policy of this chapter, such as the payment of damages and the reinstatement of employees.
(3) The commission may petition the superior court for the county in which the main office of the employer is located or in which the person who has engaged or is engaging in such unfair labor practice resides or transacts business, for the enforcement of its order and for appropriate temporary relief.
[ 2018 c 252 § 5; 2011 1st sp.s. c 16 § 26.]
NOTES:
Effective date—2011 1st sp.s. c 16 §§ 26-28: "Sections 26 through 28 of this act take effect July 1, 2013." [ 2011 1st sp.s. c 16 § 32.]
Transfer of powers, duties, and functions—2011 1st sp.s. c 16: See note following RCW 41.58.060.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.64 - Marine Employees—Public Employment Relations. › 47.64.135 - Representation—Elections—Rules.

RCW 47.64.135
Representation—Elections—Rules.
(1) The commission shall determine all questions pertaining to representation and shall administer all elections and be responsible for the processing and adjudication of all disputes that arise as a consequence of elections. The commission shall adopt rules that provide for at least the following:
(a) Secret balloting;
(b) Consulting with employee organizations;
(c) Access to lists of employees, job classification, work locations, and home mailing addresses;
(d) Absentee voting;
(e) Procedures for the greatest possible participation in voting;
(f) Campaigning on the employer's property during working hours; and
(g) Election observers.
(2) If an employee organization has been certified as the exclusive bargaining representative of the employees of a bargaining unit, the employee organization may act for and negotiate master collective bargaining agreements that will include within the coverage of the agreement all employees in the bargaining unit.
(3) The certified exclusive bargaining representative is responsible for representing the interests of all the employees in the bargaining unit. This section shall not be construed to limit an exclusive representative's right to exercise its discretion to refuse to process grievances of employees that are unmeritorious.
(4) No question concerning representation may be raised if:
(a) Fewer than twelve months have elapsed since the last certification or election; or
(b) A valid collective bargaining agreement exists covering the unit, except for that period of no more than one hundred twenty calendar days and no less than ninety calendar days before the expiration of the contract.
[ 2011 1st sp.s. c 16 § 27.]
NOTES:
Effective date—2011 1st sp.s. c 16 §§ 26-28: See note following RCW 47.64.132.
Transfer of powers, duties, and functions—2011 1st sp.s. c 16: See note following RCW 41.58.060.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.64 - Marine Employees—Public Employment Relations. › 47.64.137 - Application of RCW 41.56.037—Bargaining representative access to new employees.

RCW 47.64.137
Application of RCW 41.56.037—Bargaining representative access to new employees.
RCW 41.56.037 applies to this chapter.
[ 2018 c 250 § 6.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.64 - Marine Employees—Public Employment Relations. › 47.64.160 - Employee authorization of membership dues and other payments—Revocation.

RCW 47.64.160
Employee authorization of membership dues and other payments—Revocation.
(1) A collective bargaining agreement may include a provision for members of the bargaining unit to authorize the deduction of membership dues from their salary, and the employer shall enforce it by deducting from the salary payments to members of the bargaining unit the dues required of membership. An employee's written, electronic, or recorded voice authorization to have the employer deduct membership dues from the employee's salary must be made by the employee to the exclusive bargaining representative. If the employer receives a request for authorization of deductions, the employer shall as soon as practicable forward the request to the exclusive bargaining representative.
(2)(a) Upon receiving notice of the employee's authorization from the exclusive bargaining representative, the employer shall deduct from the employee's salary membership dues and remit the amounts to the exclusive bargaining representative.
(b) The employee's authorization remains in effect until expressly revoked by the employee in accordance with the terms and conditions of the authorization.
(c) An employee's request to revoke authorization for payroll deductions must be in writing and submitted by the employee to the exclusive bargaining representative in accordance with the terms and conditions of the authorization.
(d) After the employer receives confirmation from the exclusive bargaining representative that the employee has revoked authorization for deductions, the employer shall end the deduction no later than the second payroll after receipt of the confirmation.
(e) The employer shall rely on information provided by the exclusive bargaining representative regarding the authorization and revocation of deductions.
[ 2019 c 230 § 20; 1983 c 15 § 7.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.64 - Marine Employees—Public Employment Relations. › 47.64.175 - Collective bargaining agreement negotiation.

RCW 47.64.175
Collective bargaining agreement negotiation.
(1) For the purpose of negotiating collective bargaining agreements under this chapter, the employer shall be represented by the governor or governor's designee.
(2) Two or more ferry employee organizations may, upon agreement of the parties, negotiate, as a coalition with the employer representative as designated in subsection (1) of this section, a multiunion collective bargaining agreement on behalf of all the employees in ferry employee organization bargaining units that the exclusive bargaining representatives represent. The coalition shall bargain for a multiunion collective bargaining agreement covering all of the employees represented by the coalition. The governor's designee and the exclusive bargaining representative or representatives are authorized to enter into supplemental bargaining of bargaining unit-specific issues for inclusion in or as an addendum to the multiunion collective bargaining agreement, subject to the parties' agreement regarding the issues and procedures for supplemental bargaining. Nothing in this section impairs the right of each ferry employee organization to negotiate a collective bargaining agreement exclusive to the bargaining unit it represents.
[ 2006 c 164 § 2.]
NOTES:
Prospective application—Savings—Effective dates—2006 c 164: See notes following RCW 47.64.011.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.64 - Marine Employees—Public Employment Relations. › 47.64.200 - Impasse procedures.

RCW 47.64.200
Impasse procedures.
As the first step in the performance of their duty to bargain, the employer and the employee organization shall endeavor to agree upon impasse procedures. Unless otherwise agreed to by the employee organization and the employer in their impasse procedures, the arbitrator or panel shall issue a decision it deems just and appropriate with respect to each impasse item. If the parties fail to agree upon impasse procedures under this section, the impasse procedures provided in RCW 47.64.210 and 47.64.230 and 47.64.300 through 47.64.320 apply. It is unlawful for either party to refuse to participate in the impasse procedures provided in RCW 47.64.210 and 47.64.230 and 47.64.300 through 47.64.320.
[ 2010 c 283 § 12; 2006 c 164 § 7; 1983 c 15 § 11.]
NOTES:
Findings—Intent—Effective date—2010 c 283: See notes following RCW 47.60.355.
Prospective application—Savings—Effective dates—2006 c 164: See notes following RCW 47.64.011.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.64 - Marine Employees—Public Employment Relations. › 47.64.210 - Mediation.

RCW 47.64.210
Mediation.
In the absence of an impasse 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.
[ 2007 c 160 § 2; 2006 c 164 § 8; 1983 c 15 § 12.]
NOTES:
Prospective application—Savings—Effective dates—2006 c 164: See notes following RCW 47.64.011.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.64 - Marine Employees—Public Employment Relations. › 47.64.230 - Waiver of mediation.

RCW 47.64.230
Waiver of mediation.
By mutual agreement, the parties may waive mediation and proceed with binding arbitration as provided for in the impasse procedures agreed to under RCW 47.64.200 or in 47.64.300 through 47.64.320, as applicable. The waiver shall be in writing and be signed by the representatives of the parties. Regardless of the status of mediation, the parties must comply with the interest arbitration agreement under RCW 47.64.170(6)(a), absent any subsequent agreement to the contrary.
[ 2007 c 160 § 3; 2006 c 164 § 11; 1983 c 15 § 14.]
NOTES:
Prospective application—Savings—Effective dates—2006 c 164: See notes following RCW 47.64.011.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.64 - Marine Employees—Public Employment Relations. › 47.64.250 - Legal actions.

RCW 47.64.250
Legal actions.
(1) Any ferry employee organization and the department of transportation may sue or be sued as an entity under this chapter. Service upon any party shall be in accordance with law or the rules of civil procedure. Nothing in this chapter may be construed to make any individual or his or her assets liable for any judgment against the department of transportation or a ferry employee organization if the individual was acting in his or her official capacity.
(2) Any legal action by any ferry employee organization or the department of transportation under this chapter shall be filed in Thurston county superior court within ten days of when the cause of action arose. The court shall consider those actions on a priority basis and determine the merits of the actions within thirty days of filing.
[ 2010 c 8 § 10022; 1983 c 15 § 16.]