WSR 20-24-132
PROPOSED RULES
DEPARTMENT OF
ENTERPRISE SERVICES
[Filed December 2, 2020, 11:31 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-22-094.
Title of Rule and Other Identifying Information: Chapter 200-200 WAC, Parking and traffic control on the capitol grounds.
Hearing Location(s): On January 5, 2021, at 4 to 6 p.m., virtual public hearing via Zoom. To attend the hearing, copy and paste the following hyperlink into your internet browser https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdes-wa.zoom.us%2Fj%2F96339464999%3Fpwd%3DK3ZzQXl4b1BNeUk0UlRUVGxSRHY1UT09&data=04%7C01%7Cjack.zeigler%40des.wa.gov%7C233de46f5bb449b22b7d08d896dfb3f8%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C637425234827365212%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=XrcJOIzNH4Ny2Uv1P%2BG8NIvzw17MJOYrttToK2TJAFE%3D&reserved=0.
Date of Intended Adoption: January 13, 2021.
Submit Written Comments to: Jack Zeigler, online https://des.wa.gov/about/policies-laws-rules/rulemaking#restrictions, by 5:00 p.m., Friday, January 8, 2021.
Assistance for Persons with Disabilities: Contact Jack Zeigler, email jack.zeigler@des.wa.gov, by 5:00 p.m., Friday, January 1, 2021.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to clarify the authority of the director to put in place enforceable parking restrictions anywhere on the Capitol Campus roadways and parking areas. Other changes were made to (1) clearly identify those rules which only apply to employees parking on the Capitol Campus, and (2) address the ability of the department's visitor services program to issue parking permits to event sponsors holding campus use permits for vehicles parking on the Capitol Campus.
Reasons Supporting Proposal: State law establishes the power of the director of the department of enterprise services to put in place rules governing control of traffic and parking on the state capitol grounds. Certain sections of the current rules are not clear regarding permitting requirements, authorizations to park on the Capitol Campus, and enforcement of parking violations. Because of this lack of clarity, the full scope of the authority of the director to establish and enforce parking and traffic regulations on the state capitol grounds may be unintentionally weakened.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of enterprise services (DES), governmental.
Name of Agency Personnel Responsible for Drafting: Jack Zeigler, 1500 Jefferson [Street], Olympia, WA, 360-407-9209; Implementation: Courtney Kleck, 1312 Fones Road, Building 4, Olympia, WA, 360-664-9203; and Enforcement: MariJane Kirk, 1500 Jefferson [Street], Olympia, WA, 360-407-9392.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. DES is not an agency listed in RCW
34.05.328 (5)(a)(i). Further, DES does not voluntarily make section 201 applicable to this rule adoption nor to date, has the joint administrative rules review committee made section 201 applicable to this rule adoption.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute.
December 2, 2020
Jack Zeigler
Policy and Rules Manager
AMENDATORY SECTION(Amending WSR 20-05-042, filed 2/12/20, effective 3/14/20)
WAC 200-200-015Definitions.
As used in this chapter, the following terms shall mean:
(1) "Building and grounds," "state capitol grounds," "capitol campus" defined. Those buildings and grounds over which the department of enterprise services exercises custody and control under RCW
43.19.125,
46.08.150,
79.24.300 through
79.24.320, and
79.24.710, which includes, but is not limited to, the west capitol campus, the east capitol campus, Sylvester Park, the Old Capitol Building, Capitol Lake, Marathon Park, Heritage Park, Centennial Park, ways open to the public, and adjoining lands and roadways, including the portion of Deschutes Parkway adjoining state lands.
(2) "Director" defined. The director of the department of enterprise services and any designee of the director.
(3) "Disabled" defined. Any person who has made application to the department of licensing and displays a valid permit under chapter
46.19 RCW.
(4) "Employee" defined. Any person assigned to a state facility, including state employees, vendors and their staff, concessionaires, contractors and consultants, who are performing duties that are similar to the duties of state employees or that are in direct support of the state agency functions performed at the facility.
(5) "Impound"/"impoundment" defined. To take and hold a vehicle, consistent with law, at the direction of a law enforcement officer((
,))
or the director or designee, subject to the procedures outlined in this chapter and in chapter
46.55 RCW. Such definition includes towing of an unauthorized vehicle.
(6) "Permit" defined. A written authorization to park on the capitol campus. Permits may be in the form of, but are not limited to, a sticker, a receipt issued by a parking meter, or other official document clearly indicating authorization to park on the capitol campus.
(7) "Vehicle" defined. Vehicle is defined the same as RCW
46.04.670 as amended by chapter 170, Laws of 2019, which includes bicycles among other vehicles.
(((7)))(8) "Visitor" defined. Any person parking on the capitol campus or visiting a state facility who is not employed by the state or any employee whose primary duty station not located on the capitol campus at that facility.
(((8)))(9) "Way open to the public" defined. Any road, alley, lane, parking area, parking structure, path, or any place private or otherwise adapted to and fitted for travel that is in common use by the public with the consent expressed or implied of the owner or owners, and further shall mean public play grounds, school grounds, recreation grounds, parks, park ways, park drives, park paths.
AMENDATORY SECTION(Amending WSR 20-05-042, filed 2/12/20, effective 3/14/20)
WAC 200-200-085Marking.
The marking of streets, parking lots and garages shall include, but not be limited to, the following:
(1) Yellow areas—No standing.
(2) White areas with hash marks or stripes—Crosswalks (no stopping in crosswalks) and no parking ((stalls (no stopping in parking stalls without a permit or payment of fee)))or stopping areas.
(3) White areas ((with hash marks or stripes (ADA stall permitted use only)))—Parking stalls. May be marked with specific restrictions limiting use.
(4) Red areas—Emergency parking only and fire lanes (no stopping in emergency parking and fire lanes).
(5) Green areas
—Electric vehicle stalls for charging purposes in accordance to RCW
46.08.185.
AMENDATORY SECTION(Amending WSR 20-05-042, filed 2/12/20, effective 3/14/20)
WAC 200-200-186Parking time limits in metered areas or areas subject to a time restriction.
(1) No person or entity shall park any vehicle on the state capitol grounds or in any area designated as metered parking for a consecutive period of time longer than that period of time for which parking is ((permitted))authorized in such areas, irrespective of the amount of time for which parking has been paid.
(2) Vehicles moved from one parking space to another or from one lot to another shall be assumed to have been parked continuously from the time they are initially parked in any time restricted area.
(3) A showing that the time period between when a vehicle is twice found parked in any time restricted area on the same day is more than the time allowed for parking in time restricted areas shall constitute a prima facie presumption that the vehicle has been parked in violation of this section.
AMENDATORY SECTION(Amending WSR 11-23-093, filed 11/17/11, effective 11/17/11)
WAC 200-200-189Service and delivery vehicles.
Service or delivery vehicles may park in specifically designated areas on the state capitol grounds((, provided,)). A parking permit is ((obtained))required before parking in such areas.
NEW SECTION
WAC 200-200-193Parking restrictions on the state capitol grounds.
(1) No vehicle shall be parked or remain parked at any place on the state capitol grounds where official signs, curbs, and/or ground markings prohibit parking in such place or at such time. Violators shall be subject to towing. Such signs or markings include, but are not limited to, "no parking" (with or without additional restrictions), "tow zone," "fire zone," and "parking prohibited."
(2) The director or its designee may install/erect permanent, temporary signs, or emergency barricades, paint marks, and other structures or directions upon the streets, curbs, and parking areas within the state capitol grounds. Drivers shall obey the signs, barricades, structures, markings, and directions.
(3) Parking spaces may not be used for other purposes such as the conduct of private business or the storage of personal property.
AMENDATORY SECTION(Amending WSR 20-05-042, filed 2/12/20, effective 3/14/20)
WAC 200-200-200Authorization for issuance of employee permits.
All employee parking on state capitol grounds shall be authorized through the issuance of valid parking permits unless otherwise authorized. These permits shall be issued by the director to state officials, state employees, state agencies for official cars, and to such other individuals as determined by the director to require parking to aid in carrying out state business. These permits shall not be transferred from one vehicle to another except as authorized by the director. All employee parking subject to permit on state capitol grounds shall be for official purposes only. ((Parking spaces may not be used for other purposes such as the conduct of private business or the storage of personal property.))
NEW SECTION
WAC 200-200-210Display of permits.
All permits shall be clearly displayed in the location indicated at the time of issuance or, if no location is indicated, in the front windshield of the vehicle.
AMENDATORY SECTION(Amending WSR 20-05-042, filed 2/12/20, effective 3/14/20)
WAC 200-200-220Allocation of employee parking permits.
Employee parking permits shall be allocated by the director in such manner as will best achieve the objectives of these regulations. Unless in the director's opinion the objectives of these regulations would otherwise be better served, the director shall observe the following priorities in the issuance of employee parking permits:
(1) Disabled state employees and officials;
(2) Car pools consisting of three or more persons per vehicle;
(3) Other state employees, state officials, state agencies, and nonstate parkers.
NEW SECTION
WAC 200-200-265Parking permits for events taking place on the capitol campus.
(1) A vehicle may be issued a permit to park in a restricted parking area or other area for the purpose of participating as a vendor or sponsor of an event or providing transportation to an event permitted under chapter 200-220 WAC. Parking permits shall only be issued to the registered vehicle owner or operator who is participating as an event vendor or sponsor and shall:
(a) Identify the parking location;
(b) Specify the duration parking is allowed;
(c) Whether overnight parking is allowed;
(d) Clearly display the parking permit from the front windshield of the vehicle.
(2) Violators shall be subject to towing.
AMENDATORY SECTION(Amending WSR 15-23-062, filed 11/13/15, effective 12/14/15)
WAC 200-200-300Monthly parking fee payments.
Agencies and nonstate personnel will be billed by the parking office. State employee rental parking fees and any and all state employee parking permit fees shall be by payroll deduction. The person to whom the permit is issued, upon termination of use of such permit, shall notify the parking office prior to such termination of use.
AMENDATORY SECTION(Amending WSR 11-23-093, filed 11/17/11, effective 11/17/11)
WAC 200-200-320Responsibility of person to whom permit is issued.
Any person or any governmental or private entity to whom a permit is issued pursuant to these regulations shall be responsible for all violations of these regulations involving that person's or entity's vehicle or permit: Provided, however, that such responsibility shall not relieve other persons or entities who violate these regulations.
AMENDATORY SECTION(Amending WSR 20-05-042, filed 2/12/20, effective 3/14/20)
WAC 200-200-361Suspension and/or revocation of employee parking privileges.
Repeated employee use of assigned parking spaces ((by))for unauthorized vehicles or for nonofficial purposes or for the storage of personal property and/or the repeated transfer of parking permits from one vehicle to another as defined in WAC 200-200-360 may result in the suspension or revocation of the employee's parking privileges. Violations may result in suspension and/or revocation of any permits issued to the violator and/or removal, suspension, and/or revocation from the parking waiting list for parking on state capitol grounds.
AMENDATORY SECTION(Amending WSR 11-23-093, filed 11/17/11, effective 11/17/11)
WAC 200-200-500Violations unlawful.
A violation of any of these regulations is unlawful. All violators are subject to removal from the state capitol grounds by the Washington state patrol ((capitol detachment)).