WSR 16-09-069 PERMANENT RULES COUNTY ROAD ADMINISTRATION BOARD [Filed April 18, 2016, 12:49 p.m., effective May 19, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: The CRABoard finds that adopting this new standard of good practice will define traffic law enforcement expenditures, and help counties comply with the rural arterial program eligibility requirements.
Reasons Supporting Proposal: To support counties by providing a framework for maintaining RAP eligibility as recent state audits have highlighted use of special purpose funds as a potential area of concern. Provide the SAO with a consistent basis for review and analysis.
Statutory Authority for Adoption: Chapter 36.78 RCW.
Adopted under notice filed as WSR 16-04-104 on February 2, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: April 14, 2016.
Jay P. Weber
Executive Director
Chapter 136-25 WAC
STANDARD OF GOOD PRACTICE—TRAFFIC LAW ENFORCEMENT EXPENDITURES NEW SECTION
WAC 136-25-010 Purpose and authority.
RCW 36.79.140 sets forth the conditions under which counties are eligible to receive funds from the rural arterial trust account (RATA). Chapter 136-150 WAC describes how the RATA provisions will be implemented by the county road administration board. This chapter is specific to WAC 136-150-020, 136-150-021, 136-150-022, and 136-150-030 relating to road levy, road levy diversion, and traffic law enforcement.
NEW SECTION
WAC 136-25-020 Diversion of road levy funds may only be for traffic law enforcement within unincorporated areas of the county.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. NEW SECTION
WAC 136-25-030 Eligible traffic law enforcement activities on county roads.
For purposes of maintaining RATA eligibility, should the legislative authority vote and budget to divert road levy funds, the following traffic law enforcement activities occurring in unincorporated county areas are the only activities that can be funded by county road levy funds.
(1) Speed limit and other traffic law enforcement;
(2) Collision investigation documenting/reporting;
(3) Oversize vehicle (weight, length, width, and height) enforcement;
(4) Special traffic emphasis patrols;
(5) Facilitating the removal of abandoned vehicles from the county road and rights of way;
(6) Facilitating the removal of roadway and right of way obstructions at the request of the county engineer;
(7) Investigating illegal littering and dumping on county road rights of way;
(8) Sign damage investigation and enforcement;
(9) Road condition enforcement, including mud, water, debris, or spills;
(10) Rights of way encroachment investigation and enforcement at the request of the county engineer;
(11) Maintenance and construction zone traffic enforcement;
(12) Road department vehicle special collision investigation at the request of the county engineer; and
(13) Other activities clearly related to county road law enforcement needs, as mutually agreed upon in writing by the county road engineer and the county sheriff. Disagreements shall be elevated to the county legislative authority.
NEW SECTION
WAC 136-25-040 Compliance and documentation.
The certification required by WAC 136-150-022 shall be on a form provided by the county road administration board. Each county shall maintain adequate records of annual traffic law enforcement expenditures in such format and detail to demonstrate that the funds were used only for the traffic law enforcement activities set out in WAC 136-25-030.
NEW SECTION
WAC 136-25-050 Agreements.
The county road administration board shall provide model documents for counties to use to establish agreements (relationships) between the county legislative authority and the county sheriff and between the county road engineer and the county sheriff for the use of county road levy funds for traffic law enforcement. The agreements are discretionary but, if used, should list which activities set out in WAC 136-25-030 are subject to the agreement.
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