WSR 98-20-075
PROPOSED RULES
DEPARTMENT OF TRANSPORTATION
[Filed October 6, 1998, 8:40 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-12-095.
Title of Rule: State adopt-a-highway program participant eligibility criteria, WAC 468-72-050.
Purpose: Defines criteria for participation in the state's adopt-a-highway program through private sponsorship of contracted work. Previous to this, the program only allowed participation by volunteer organizations.
Statutory Authority for Adoption: RCW 47.40.100.
Summary: The scope of the adopt-a-highway program was expanded through legislation in 1995 and resulted in amendment of RCW 47.40.100. The rule change is necessary for consistency of code language.
Reasons Supporting Proposal: This modification in the program rules has been approved by passage through the legislative process.
Name of Agency Personnel Responsible for Drafting and Implementation: Raymond Willard, Olympia, (360) 705-7865.
Name of Proponent: Washington State Department of Transportation, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This change expands participant eligibility for the state's adopt-a-highway program and allows participation by individuals, organizations or private business through sponsorship of contracts to accomplish activities.
Proposal Changes the Following Existing Rules: Previously participation in the program was only open to volunteers.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This change will have no negative impact on small business.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Department of Transportation, Transportation Building 1D2, Olympia, Washington 98504, on November 20, 1998, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact TDD (360) 705-6980, by November 13, 1998.
Submit Written Comments to: Raymond Willard, Department of Transportation, Olympia, Washington 98504-7358, fax (360) 705-6823, by November 13, 1998.
Date of Intended Adoption: November 20, 1998.
October 6, 1998
Gerald E. Smith
Deputy Secretary, Operations
OTS-2582.1
AMENDATORY SECTION (Amending WSR 90-22-003, filed 10/25/90, effective 11/25/90)
WAC 468-72-050 Eligibility criteria. (1) ((Volunteer))
Organizations, businesses, and individuals are eligible to
participate in the adopt-a-highway program, either as volunteers
or through sponsorship of private contracts, provided there is a
section of highway available, in the opinion of the department of
transportation, that the ((organization)) section can be safely
assigned.
(2) ((A volunteer)) An organization, business, or individual
is not eligible if its name (a) endorses or opposes a particular
candidate for public office, (b) advocates a position on a
specific political issue, initiative, referendum, or piece of
legislation, (c) includes a reference to a political party, or
(d) includes a reference to anything that may be considered or
construed to be obscene or offensive to the general public.
(3) Organizations, businesses, individuals, or contractors that have been denied participation due to lack of compliance to a previous adopt-a-highway agreement shall not be eligible to participate for a period of five years following the termination date of the previous agreement.
[Statutory Authority: Chapter 34.05 RCW. 90-22-003, § 468-72-050, filed 10/25/90, effective 11/25/90.]