2676-S.E AAS 3/8/94
ESHB 2676 - S AMD - 452
By Senators Deccio, Haugen, Winsley, Talmadge and Wojahn
ADOPTED 3/8/94
On page 83, after line 20, insert the following:
"NEW SECTION. Sec. 604. A new section is added to chapter 18.130 RCW to read as follows:
(1) The settlement process must be substantially uniform for licensees governed by regulatory entities having authority under this chapter.
(2) Disclosure of the identity of reviewing disciplining authority members who participate in the settlement process is available to the respondents or their legal representative upon request.
(3) The settlement conference will occur only if a settlement is not achieved through written documents. Respondents will have the opportunity to conference either by phone or in person with the reviewing disciplining authority member if the respondent chooses. Respondents may also have their attorney conference either by phone or in person with the reviewing disciplining authority member without the respondent being present personally.
(4) If the respondent wants to meet in person with the reviewing disciplining authority member, he or she will travel to the reviewing disciplinary authority member and have such a conference with the attorney general in attendance either by phone or in person."
Renumber the section following consecutively and correct any internal references accordingly.
ESHB 2676 - S AMD
By Senators Deccio, Haugen, Winsley, Talmadge and Wojahn
On page 2, at the beginning of line 15 of the title, after "RCW;" insert "adding a new section to chapter 18.130 RCW;"
ESHB 2676 - S AMD - 522
By Senator Haugen
ADOPTED 3/8/94
On page 107, line 31, after "the"
strike "committee" and insert "((committee)) board"
ESHB 2676 - S AMD - 406
By Senators Haugen, Winsley, Vognild, Drew and McCaslin
SENATE ADOPTED 3/8/94; HOUSE RULED OUTSIDE SCOPE 3/9/94
On page 134, after line 13, insert the following:
"Sec. 754. RCW 43.63A.300 and 1993 c 280 s 68 are each amended to read as follows:
The legislature finds
that fire protection services at the state level are provided by different,
independent state agencies. This has resulted in a lack of a comprehensive
state-level focus for state fire protection services, funding, and policy. The
legislature further finds that the paramount duty of the state in fire
protection services is to enhance the capacity of all local jurisdictions to
assure that their personnel with fire suppression, prevention, inspection,
origin and cause, and arson investigation responsibilities are adequately
trained to discharge their responsibilities. It is the intent of the
legislature to consolidate fire protection services into a single state agency
and to create a state board with the responsibility of (1) establishing a
comprehensive state policy regarding fire protection services and (2) advising
the ((director of community, trade, and economic development)) governor
and the director of fire protection on matters relating to their duties under
state law. It is also the intent of the legislature that the fire protection
services program created herein will assist local fire protection agencies in
program development without encroaching upon their historic autonomy. It is
the further intent of the legislature that the fire protection services program
be implemented incrementally to assure a smooth transition, to build local,
regional, and state capacity, and to avoid undue burdens on jurisdictions with
limited resources.
Sec. 755. RCW 43.63A.310 and 1986 c 266 s 55 are each amended to read as follows:
There is created the
state fire protection policy board consisting of ((ten)) eight
members appointed by the governor:
(1) ((Three)) One
representative((s)) of fire chiefs((. At least one shall be from a
fire department east of the Cascade mountains and at least one shall be from a
fire department west of the Cascade mountains. One shall be from a fire
protection district));
(2) One insurance industry representative;
(3) One representative of cities and towns;
(4) One representative of counties;
(5) ((Two)) One
full-time, paid, career fire fighter((s));
(6) One volunteer fire
fighter; ((and))
(7) One representative of fire commissioners; and
(8) One representative of fire control programs of the department of natural resources.
In making the appointments required under subsections (1) through (7) of this section, the governor shall (a) seek the advice of and consult with organizations involved in fire protection; and (b) ensure that racial minorities, women, and persons with disabilities are represented.
The terms of the appointed members of the board shall be three years and until a successor is appointed and qualified. However, initial board members shall be appointed as follows: Three members to terms of one year, three members to terms of two years, and four members to terms of three years. In the case of a vacancy of a member appointed under subsections (1) through (7) of this section, the governor shall appoint a new representative to fill the unexpired term of the member whose office has become vacant. A vacancy shall occur whenever an appointed member ceases to be employed in the occupation the member was appointed to represent. The members of the board appointed pursuant to subsections (1) and (5) of this section and holding office on the effective date of this act shall serve the remainder of their terms, and the reduction of the board required by section 855, chapter ---, Laws of 1994 (this section), shall occur upon the expiration of their terms.
The appointed members of the board shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.
The board shall select its own chairperson and shall meet at the request of the governor or the chairperson and at least four times per year.
Sec. 756. RCW 43.63A.320 and 1993 c 280 s 69 are each amended to read as follows:
Except for matters relating to the statutory duties of the director of community, trade, and economic development which are to be carried out through the director of fire protection, the board shall have the responsibility of developing a comprehensive state policy regarding fire protection services. In carrying out its duties, the board shall:
(1)(a) Adopt a state fire training and education master plan which allows to the maximum feasible extent for negotiated agreements: (i) With the state board for community and technical colleges to provide academic, vocational, and field training programs for the fire service and (ii) with the higher education coordinating board and the state colleges and universities to provide instructional programs requiring advanced training, especially in command and management skills;
(b) Adopt minimum standards for each level of responsibility among personnel with fire suppression, prevention, inspection, and investigation responsibilities which assure continuing assessment of skills and are flexible enough to meet emerging technologies. With particular respect to training for fire investigations, the master plan shall encourage cross training in appropriate law enforcement skills. To meet special local needs, fire agencies may adopt more stringent requirements than those adopted by the state;
(c) Cooperate with the common schools, technical and community colleges, institutions of higher education, and any department or division of the state, or of any county or municipal corporation in establishing and maintaining instruction in fire service training and education in accordance with any act of congress and legislation enacted by the legislature in pursuance thereof and in establishing, building, and operating training and education facilities.
Industrial fire departments and private fire investigators may participate in training and education programs under this chapter for a reasonable fee established by rule;
(d) Develop and adopt a master plan for constructing, equipping, maintaining, and operating necessary fire service training and education facilities subject to the provisions of chapter 43.19 RCW; and
(e) Develop and adopt a master plan for the purchase, lease, or other acquisition of real estate necessary for fire service training and education facilities in a manner provided by law.
(2) In addition to its responsibilities for fire service training, the board shall:
(a) Adopt a state fire protection master plan;
(((2))) (b)
Monitor fire protection in the state and develop objectives and priorities to
improve fire protection for the state's citizens including: (i) The
comprehensiveness of state and local inspections required by law for fire and
life safety; (ii) the level of skills and training of inspectors, as well as
needs for additional training; and (iii) the efforts of local, regional, and
state inspection agencies to improve coordination and reduce duplication among
inspection efforts;
(((3))) (c)
Establish and promote state arson control programs and ensure development of
local arson control programs;
(((4))) (d)
Provide representation for local fire protection services to the governor in
state-level fire protection planning matters such as, but not limited to,
hazardous materials control;
(((5))) (e)
Seek and solicit grants, gifts, bequests, ((devices)) devises,
and matching funds for use in furthering the objectives and duties of the
board, and establish procedures for administering them;
(((6))) (f)
Promote mutual aid and disaster planning for fire services in this state;
(((7))) (g)
Assure the dissemination of information concerning the amount of fire damage
including that damage caused by arson, and its causes and prevention;
(((8))) (h)
Submit ((annually a)) an annual report to the governor ((containing
a statement of)) describing its ((official acts)) activities
undertaken pursuant to this chapter, and make such studies, reports, and
recommendations to the governor and the legislature as are requested; and
(((9) Adopt a state
fire training and education master plan;
(10) Develop and
adopt a master plan for the construction, equipping, maintaining, and operation
of necessary fire service training and education facilities, but the authority
to construct, equip, and maintain such facilities is subject to chapter 43.19
RCW;
(11) Develop and
adopt a master plan for the purchase, lease, or other acquisition of real
estate necessary to establish and operate fire service training and education
facilities in a manner provided by law;
(12) Adopt standards
for state-wide fire service training and education courses including courses in
arson detection and investigation for personnel of fire, police, and
prosecutor's departments;
(13) Assure the
administration of)) (i)
Implement any legislation enacted by the legislature ((in pursuance of
the aims and purposes)) to meet the requirements of any acts of congress
((insofar as the provisions thereof may)) that apply((;
(14) Cooperate with
the common schools, community colleges, institutions of higher education, and
any department or division of the state, or of any county or municipal
corporation in establishing and maintaining instruction in fire service
training and education in accordance with any act of Congress and legislation
enacted by the legislature in pursuance thereof and in establishing, building,
and operating training and education facilities.
This section does
not apply to forest fire service personnel and programs. Industrial fire
departments and private fire investigators may participate in training and
education programs under this chapter for a reasonable fee established by rule)) to this section.
(3) In carrying out its statutory duties, the board shall give particular consideration to the appropriate roles to be played by the state and by local jurisdictions with fire protection responsibilities. Any determinations on the division of responsibility shall be made in consultation with local fire officials and their representatives.
To the extent possible, the board shall encourage development of regional units along compatible geographic, population, economic, and fire risk dimensions. Such regional units may serve to: (a) Reinforce coordination among state and local activities in fire service training, reporting, inspections, and investigations; (b) identify areas of special need, particularly in smaller jurisdictions with inadequate resources; (c) assist the state in its oversight responsibilities; (d) identify funding needs and options at both the state and local levels; and (e) provide models for building local capacity in fire protection programs.
Sec. 757. RCW 43.63A.340 and 1993 c 280 s 71 are each amended to read as follows:
(1) Wherever the term state fire marshal appears in the Revised Code of Washington or the Washington Administrative Code it shall mean the director of fire protection.
(2) The ((director
of community, trade, and economic development)) governor shall
appoint an assistant director who shall be known as the director of fire
protection. The board, after consulting with the ((director)) governor,
shall prescribe qualifications for the position of director of fire
protection. The board shall submit to the ((director)) governor
a list containing the names of three persons whom the board believes meet its
qualifications. If requested by the ((director)) governor, the
board shall submit one additional list of three persons whom the board believes
meet its qualifications. The appointment shall be from one of the lists of
persons submitted by the board.
(3) The director of fire protection may designate one or more deputies and may delegate to those deputies his or her duties and authorities as deemed appropriate.
(4) The ((director
of community, trade, and economic development, through the)) director of
fire protection((,)) shall((, after consultation with the board,))
prepare a biennial budget pertaining to fire protection services. Such
biennial budget shall be submitted as part of the department's budget request.
(5) The ((director
of community, trade, and economic development, through the)) director of
fire protection((,)) shall implement and administer, within the
constraints established by budgeted resources, the policies of the board ((and
all duties of the director of community, trade, and economic development which
are to be carried out through the director of fire protection)). Such
administration shall include negotiation of agreements with the state board for
community and technical colleges, the higher education coordinating board, and
the state colleges and universities as provided in RCW 43.63A.320. Programs covered
by such agreements shall include, but not be limited to, planning curricula,
developing and delivering instructional programs and materials, and utilizing
existing instructional personnel and facilities. Where appropriate, such
contracts shall also include planning and conducting instructional programs at
the state fire service training center.
(6) The ((director
of community, trade, and economic development, through the)) director of
fire protection((,)) shall seek the advice of the board in carrying out
his or her duties under law.
Sec. 758. RCW 43.63A.377 and 1991 c 135 s 3 are each amended to read as follows:
Money from the fire services trust fund may be expended for the following purposes:
(1) Training of fire service personnel, including both classroom and hands-on training at the state fire training center or other locations approved by the director through the director of fire protection services;
(2) Maintenance and operation at the state's fire training center near North Bend. If in the future the state builds or leases other facilities as other fire training centers, a portion of these moneys may be used for the maintenance and operation at these centers;
(3) Lease or purchase of equipment for use in the provisions of training to fire service personnel;
(4) Grants or other
subsidies to local ((entities)) jurisdictions to allow them
to perform their functions under this section;
(5) Costs of administering these programs under this section;
(6) Licensing and enforcement of state laws governing the sales of fireworks; and
(7) Development with the legal fireworks industry and funding of a state-wide public education program for fireworks safety.
Sec. 759. RCW 48.48.060 and 1986 c 266 s 71 are each amended to read as follows:
(1) The chief of each
organized fire department, the sheriff or other designated county official, and
the designated city or town official shall investigate the cause((,)) and
origin, and document extent of ((loss)) damage of all
fires occurring within their respective jurisdictions, as determined by this
subsection, and shall forthwith notify the ((director of community
development, through the)) director of fire protection((,)) of all
fires of criminal, suspected, or undetermined cause occurring within their
respective jurisdictions. The county fire marshal shall also be notified of
and investigate all such fires occurring in unincorporated areas of the
county. Fire departments shall have the responsibility imposed by this
subsection for areas within their jurisdictions. Sheriffs or other designated
county officials shall have responsibility imposed by this subsection for
county areas not within the jurisdiction of a fire department, unless such
areas are within the boundaries of a city or town, in which case the designated
city or town official shall have the responsibility imposed by this
subsection. For the purposes of this subsection, county officials shall be
designated by the county legislative authority, and city or town officials
shall be designated by the appropriate city or town legislative or executive
authority. In addition to the responsibility imposed by this subsection, any
sheriff or chief of police may assist in the investigation of the cause((,))
and origin, and document extent of ((loss)) damage
of all fires occurring within his or her respective jurisdiction.
(2) The ((director
of community development, through the)) director of fire protection or his
or her deputy((,)) may investigate any fire for the purpose of
determining its cause, origin, and the extent of the loss. The ((director
of community development, through the)) director of fire protection or his
or her deputy((,)) shall assist in the investigation of those fires of
criminal, suspected, or undetermined cause when requested by the reporting
agency. In the investigation of any fire of criminal, suspected, or
undetermined cause, the ((director of community development and the))
director of fire protection or his or her deputy((,)) are vested with
police powers to enforce the laws of this state. To exercise these powers,
authorized deputies must receive prior written authorization from the ((director
of community development, through the)) director of fire protection((,))
and shall have completed a course of training prescribed by the Washington
state criminal justice training commission.
Sec. 760. RCW 48.48.065 and 1986 c 266 s 72 are each amended to read as follows:
(1) The chief of each
organized fire department, or the sheriff or other designated county official
having jurisdiction over areas not within the jurisdiction of any fire
department, shall report statistical information and data to the ((director
of community development, through the)) director of fire protection((,))
on each fire occurring within the official's jurisdiction. Reports shall be
consistent with the national fire incident reporting system developed by the
United States fire administration and rules established by the ((director of
community development, through the director of)) fire protection policy
board. The ((director of community development, through the))
director of fire protection((,)) and the department of natural resources
shall jointly determine the statistical information to be reported on fires on
land under the jurisdiction of the department of natural resources.
(2) The ((director
of community development, through the)) director of fire protection((,))
shall analyze the information and data reported, compile a report, and
distribute a copy annually by ((January 31)) June 30 to each
chief fire official in the state. Upon request, the ((director of community
development, through the)) director of fire protection((,)) shall
also furnish a copy of the report to any other interested person at cost.
(3) In carrying out the duties relating to collecting, analyzing, and reporting statistical fire data, the fire protection policy board may contract with a qualified individual or organization to gather and report such information under the following conditions:
(a) The contractor may be selected under the sole source provisions of chapter 39.29 RCW, so long as the contractor meets the qualifications of that chapter; and
(b) The information provided meets the diverse needs of state and local fire reporting agencies and is (i) defined in understandable terms of common usage in the fire community; (ii) adaptable to the varying levels of resources available, including whether a given client's system is operated electronically or not; (iii) maintained in a manner which will foster both technical support and resource sharing; and (iv) designed to meet both short and long-term needs.
NEW SECTION. Sec. 761. A new section is added to chapter 43.10 RCW to read as follows:
(1) The legislature finds that provisions for information systems relating to statistics and reporting for fire prevention, suppression, and damage control do not adequately address the needs of ongoing investigations of fire incidents where the cause is suspected or determined to be the result of negligence or otherwise suggestive of some criminal activity, particularly that of arson. It is the intent of the legislature to establish an information and reporting system designed specifically to assist state and local officers in conducting such investigations and, where substantiated, to undertake prosecution of individuals suspected of such activities.
(2)(a) In addition to the information provided by local officials about the cause, origin, and extent of loss in fires under chapter 48.48 RCW, there is hereby created the state arson investigation information system in the office of the attorney general.
(b) The attorney general shall develop the arson investigation information system in consultation with representatives of the various state and local officials charged with investigating fires resulting from suspicious or criminal activities under chapter 48.48 RCW and of the insurance industry.
(c) The arson investigation information system shall be designed to include at least the following attributes: (i) The information gathered and reported shall meet the diverse needs of state and local investigating agencies; (ii) the forms and reports are drafted in understandable terms of common usage; and (iii) the results shall be adaptable to the varying levels of available resources, maintained in a manner to foster data sharing and mutual aid activities, and made available to other law enforcement agencies responsible for criminal investigations.
(d) All insurers required to report claim information under the provisions of chapter 48.50 RCW shall cooperate fully with any requests from the attorney general in developing and maintaining the arson investigation information system. The confidentiality provisions of that chapter shall be fully enforced.
Sec. 762. RCW 48.48.080 and 1986 c 266 s 74 are each amended to read as follows:
If as the result of any
such investigation, or because of any information received, the ((director
of community development, through the)) director of fire protection((,))
is of the opinion that there is evidence sufficient to charge any person with
any crime, he or she may cause such person to be arrested and charged with such
offense, and shall furnish to the prosecuting attorney of the county in which
the offense was committed, the names of witnesses and all pertinent and
material evidence and testimony within his or her possession relative to the
offense.
Sec. 763. RCW 52.12.031 and 1986 c 311 s 1 are each amended to read as follows:
Any fire protection district organized under this title may:
(1) Lease, acquire, own, maintain, operate, and provide fire and emergency medical apparatus and all other necessary or proper facilities, machinery, and equipment for the prevention and suppression of fires, the providing of emergency medical services and the protection of life and property;
(2) Lease, acquire, own, maintain, and operate real property, improvements, and fixtures for housing, repairing, and maintaining the apparatus, facilities, machinery, and equipment described in subsection (1) of this section;
(3) Contract with any governmental entity under chapter 39.34 RCW or private person or entity to consolidate, provide, or cooperate for fire prevention protection, fire suppression, investigation, and emergency medical purposes. In so contracting, the district or governmental entity is deemed for all purposes to be acting within its governmental capacity. This contracting authority includes the furnishing of fire prevention, fire suppression, investigation, emergency medical services, facilities, and equipment to or by the district, governmental entity, or private person or entity;
(4) Encourage uniformity and coordination of fire protection district operations. The fire commissioners of fire protection districts may form an association to secure information of value in suppressing and preventing fires and other district purposes, to hold and attend meetings, and to promote more economical and efficient operation of the associated fire protection districts. The commissioners of fire protection districts in the association shall adopt articles of association or articles of incorporation for a nonprofit corporation, select a chairman, secretary, and other officers as they may determine, and may employ and discharge agents and employees as the officers deem convenient to carry out the purposes of the association. The expenses of the association may be paid from funds paid into the association by fire protection districts: PROVIDED, That the aggregate contributions made to the association by a district in a calendar year shall not exceed two and one-half cents per thousand dollars of assessed valuation;
(5) Enter into contracts to provide group life insurance for the benefit of the personnel of the fire districts;
(6) Perform building and property inspections that the district deems necessary to provide fire prevention services and pre-fire planning within the district and any area that the district serves by contract in accordance with RCW 19.27.110: PROVIDED, That codes used by the district for building and property inspections shall be limited to the applicable codes adopted by the state, county, city, or town that has jurisdiction over the area in which the property is located. A copy of inspection reports prepared by the district shall be furnished by the district to the appropriate state, county, city, or town that has jurisdiction over the area in which the property is located: PROVIDED, That nothing in this subsection shall be construed to grant code enforcement authority to a district. This subsection shall not be construed as imposing liability on any governmental jurisdiction;
(7) Determine the origin and cause of fires occurring within the district and any area the district serves by contract. In exercising the authority conferred by this subsection, the fire protection district and its authorized representatives shall comply with the provisions of RCW 48.48.060;
(8) Perform acts consistent with this title and not otherwise prohibited by law.
NEW SECTION. Sec. 764. The association of fire commissioners that is authorized to be formed under RCW 52.12.031(4), the association of Washington cities, and the Washington state association of counties shall submit a report on achieving greater efficiency in the delivery of fire protection services to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.
NEW SECTION. Sec. 765. The state fire protection policy board shall conduct a study on the overlapping and confusing jurisdiction and responsibilities of local governments concerning fire investigation. The board shall make recommendations to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.
NEW SECTION. Sec. 766. The department of natural resources and the association of fire commissioners shall submit a report on the feasibility of providing fire protection for lands that are not federally protected, not protected by the department of natural resources, and not within the boundaries of a fire protection district to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.
NEW SECTION. Sec. 767. This act does not apply to forest fire service personnel and programs.
NEW SECTION. Sec. 768. RCW 48.48.120 and 1947 c 79 s .33.12 are each repealed.
Sec. 769. RCW 84.52.043 and 1993 c 337 s 3 are each amended to read as follows:
Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows:
(1) Levies of the
senior taxing districts shall be as follows: (a) The levy by the state under
RCW 84.52.065 shall not exceed three dollars and sixty cents per thousand
dollars of assessed value adjusted to the state equalized value in accordance
with the indicated ratio fixed by the state department of revenue to be used
exclusively for the support of the common schools; (b) the levy by the state
under section 770 of this act shall not exceed two cents per thousand dollars
of assessed value adjusted to the state equalized value in accordance with the
indicated ratio fixed by the state department of revenue to be used exclusively
for state fire protection services; (c) the levy by any county shall not
exceed one dollar and eighty cents per thousand dollars of assessed value; (((c)))
(d) the levy by any road district shall not exceed two dollars and
twenty-five cents per thousand dollars of assessed value; and (((d))) (e)
the levy by any city or town shall not exceed three dollars and thirty-seven
and one-half cents per thousand dollars of assessed value. However any county
is hereby authorized to increase its levy from one dollar and eighty cents to a
rate not to exceed two dollars and forty-seven and one-half cents per thousand
dollars of assessed value for general county purposes if the total levies for
both the county and any road district within the county do not exceed four
dollars and five cents per thousand dollars of assessed value, and no other
taxing district has its levy reduced as a result of the increased county levy.
(2) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069; and (e) levies to finance affordable housing for very low-income housing imposed under RCW 84.52.105.
NEW SECTION. Sec. 770. A new section is added to chapter 84.52 RCW to read as follows:
(1) Subject to the limitations in RCW 84.55.010, in each year the state shall levy for collection in the following year a tax of two cents per thousand dollars of assessed value upon the assessed valuation of all taxable property within the state, except classified or designated forest land under chapter 84.33 RCW, adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue.
(2) The state fire protection services account is hereby created in the state treasury. All receipts from the tax levied under this section shall be deposited in the account. Except for unanticipated receipts under chapter 43.79 RCW, moneys in the account may be spent only after appropriation by statute. Expenditures from the account may be used only for state fire protection responsibilities.
NEW SECTION. Sec. 771. A new section is added to chapter 84.52 RCW to read as follows:
When a county assessor finds that the aggregate of all regular tax levies upon real and personal property by the state and all taxing districts other than a port or public utility district exceeds the limitation set forth in RCW 84.52.050, the assessor shall recompute and establish a consolidated levy as follows:
(1) If the limitation is exceeded only as a result of the levy authorized in section 770 of this act adjusted to the local levy rate in accordance with the indicated ratio fixed by the department, the certified property tax levy rates authorized under RCW 84.52.043(1)(e) and 52.16.140 shall be reduced on a pro rata basis until the limitation is not exceeded;
(2) If the limitation is exceeded as a result of both the levy authorized in section 770 of this act adjusted to the local levy rate in accordance with the indicated ratio fixed by the department and other tax levies, the pro rationing process provided in RCW 84.52.010 shall be followed until the limitation is exceeded only as a result of the levy authorized in section 770 of this act, and the consolidated levy shall then be further reduced in accordance with subsection (1) of this section.
NEW SECTION. Sec. 772. Sections 754 through 771 of this act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."
ESHB 2676 - S AMD
By Senators Haugen, Winsley, Vognild, Drew and McCaslin
SENATE ADOPTED 3/8/94; HOUSE SCOPED 3/9/94
On page 2, line 2 of the title, after "74.42.380," insert "43.63A.300, 43.63A.310, 43.63A.320, 43.63A.340, 43.63A.377, 48.48.060, 48.48.065, 48.48.080, 52.12.031, 84.52.043,"
On page 2, line 17 of the title, after "18 RCW;" insert "adding a new section to chapter 43.10 RCW; adding new sections to chapter 84.52 RCW;"
On page 2, line 37 of the title, after "18.138.080," insert "48.48.120,"
ESHB 2676 - S AMD
By Senators Haugen, Winsley, Vognild, Drew and McCaslin
SENATE ADOPTED 3/8/94; HOUSE SCOPED 3/9/94
On page 3, beginning on line 7 of the title, strike "and providing an effective date" and insert "providing an effective date; and providing for submission of certain sections of this act to a vote of the people"
ESHB 2676 - S AMD - 314
BySenator Quigley
SENATE ADOPTED 3/8/94; HOUSE REFUSED TO CONCUR 3/9/94
On page 177, after line 36, insert the following:
"NEW SECTION. Sec. 872. The legislature declares there has been an excessive proliferation of boards and commissions within state government. These boards and commissions are often created without legislative review or input and without an assessment of whether there is a resulting duplication of purpose or process. Once created, they frequently duplicate the duties of existing governmental entities, create additional expense, and obscure responsibility. It has been difficult to control the growth of boards and commissions because of the many special interests involved. Accordingly, the legislature establishes the process in this chapter to eliminate redundant and obsolete boards and commissions and to restrict the establishment of new boards and commissions.
NEW SECTION. Sec. 873. (1) The governor shall conduct a review of all of the boards and commissions identified under section 4 of this act and, by January 1, 1995, submit to the legislature a report recommending which boards and commissions should be terminated or consolidated based upon the criteria set forth in subsection (3) of this section. The report must state which of the criteria were relied upon with respect to each recommendation. The governor shall submit an executive request bill by January 10, 1995, to implement the recommendations by expressly terminating the appropriate boards and commissions and by providing for the transfer of duties and obligations under this section. The governor shall accept and review with special attention recommendations made, not later than June 1, 1994, by the standing committees of the legislature.
(2) In addition to terminations and consolidations under subsection (1) of this section, the governor may recommend the transfer of duties and obligations from a board or commission to another existing state entity.
(3) In preparing his or her report and legislation, the governor shall make an evaluation based upon answers to the questions set forth in this subsection. The governor shall give these criteria priority in the order listed.
(a) Has the mission of the board or commission been completed or ceased to be critical to effective state government?
(b) Does the work of the board or commission directly affect public safety, welfare, or health?
(c) Can the work of the board or commission be effectively done by another state agency without adverse impact on public safety, welfare, or health?
(d) Will termination of the board or commission have a significant adverse impact on state revenue because of loss of federal funds?
(e) Will termination of the board or commission save revenues, be cost neutral, or result in greater expenditures?
(f) Is the work of the board or commission being done by another board, commission, or state agency?
(g) Could the work of the board or commission be effectively done by a nonpublic entity?
(h) Will termination of the board or commission result in a significant loss of expertise to state government?
(i) Will termination of the board or commission result in operational efficiencies that are other than fiscal in nature?
(j) Could the work of the board or commission be done by an ad hoc committee?
NEW SECTION. Sec. 874. The legislature shall consider and enact or not enact the legislation requested by the governor under section 2 of this act in accordance with the rules of each house, except that either house of the legislature may not add to or delete from the list of boards and commissions as requested by the governor unless done so by a unanimous vote of the members voting. The legislature may adopt such technical amendments as are necessary by a majority vote.
NEW SECTION. Sec. 875. The boards and commissions to be reviewed by the governor must be all entities that are required to be included in the list prepared by the office of financial management under RCW 43.88.505, other than entities established under: (1) Constitutional mandate; (2) court order or rule; (3) requirement of federal law; or (4) requirement as a condition of the state or a local government receiving federal financial assistance if, in the judgment of the governor, no other state agency, board, or commission would satisfy the requirement.
NEW SECTION. Sec. 876. A new section is added to chapter 43.88 RCW to read as follows:
(1) A new board or commission not established or required in statute that must be included in the report required by RCW 43.88.505 may not be established between the effective date of this section and December 31, 1997, without the express approval of the director of financial management. The director shall, before the first Monday of January each year, submit to the legislature a list of those boards and commissions that were requested for approval and those that were approved during the preceding calendar year.
(2) Effective July 1, 1995, the total number of boards and commissions approved by the director of financial management may not exceed the difference between the number of boards and commissions terminated under section 873 of this act and any boards and commissions created by the legislature.
NEW SECTION. Sec. 877. A new section is added to chapter 43.88 RCW to read as follows:
When acting on a request to establish a new board or commission under section 876 of this act, the director of the office of financial management shall consider the following criteria giving priority in the order listed:
(1) If approval is critical to public safety, health, or welfare or to the effectiveness of state government;
(2) If approval will not result in duplication of the work or responsibilities of another governmental agency;
(3) If approval will not have a significant impact on state revenues;
(4) If approval is for a limited duration or on an ad hoc basis;
(5) If the work of the board or commission could be effectively done by a nonpublic entity;
(6) If approval will result in significant enhancement of expertise in state government; and
(7) If approval will result in operational efficiencies other than fiscal savings.
NEW SECTION. Sec. 878. The following acts or parts of acts are each repealed:
(1) Section 873 of this act;
(2) Section 874 of this act; and
(3) Section 875 of this act.
NEW SECTION. Sec. 879. The following acts or parts of acts are each repealed:
(1) Section 872 of this act;
(2) Section 876 of this act; and
(3) Section 877 of this act.
NEW SECTION. Sec. 880. (1) Sections 872 through 877 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
(2) Section 878 of this act shall take effect December 31, 1995.
(3) Section 879 of this act shall take effect January 1, 1997."
Renumber remaining sections consecutively.
ESHB 2676 - S AMD
BySenator Quigley
ADOPTED 3/8/94
On page 3, line 8 of the title, after "date" insert "adding new sections to chapter 43.88 RCW; and declaring an emergency"
ESHB 2676 - S AMD - 390
BySenator Quigley
ADOPTED 3/8/94
On page 177, after line 36, insert the following:
"NEW SECTION. Sec. 872. (1) There is created a legislative task force on liquor control administration. The task force shall be comprised of the following members:
(a) Two members from each caucus of the senate, appointed by the president of the senate; and
(b) Two members from each caucus of the house of representatives, appointed by the speaker of the house of representatives.
(2) The task force shall solicit the involvement of at least one representative of the following entities: The liquor control board; the office of financial management; state employee unions; liquor manufacturers; liquor wholesalers; and liquor retailers.
(3) The task force shall examine the current administrative structure of the liquor control board and consider alternative administrative structures, including the appointment of an executive director and the creation of a part-time board. The task force shall make recommendations regarding:
(a) Whether an executive director position should be created; and
(b) If so, the divisions of the following responsibilities between the board and the director: (i) Management of liquor stores and agencies; (ii) rule-making; (iii) licensing; (iv) enforcement; and (v) marketing; and
(c) Whether a part-time board should be created.
(4) The task force shall complete its work and issue any recommendations by December 31, 1994. The task force shall expire December 31, 1994."
Renumber remaining sections
ESHB 2676 - S AMD - 523
BySenator Vognild
SCOPED/RULED IN ORDER - ADOPTED 3/8/94
On page 178, before line 1, insert the following:
"NEW SECTION. Sec. 871. The Washington traffic safety commission is hereby abolished and its powers, duties, and functions are hereby transferred to the Washington state patrol.
NEW SECTION. Sec. 872. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the Washington traffic safety commission shall be delivered to the custody of the Washington state patrol. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the Washington traffic safety commission shall be made available to the Washington state patrol. All funds, credits, or other assets held by the Washington traffic safety commission shall be assigned to the Washington state patrol.
Any appropriations made to the Washington traffic safety commission shall, on the effective date of this section, be transferred and credited to the Washington state patrol.
Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
NEW SECTION. Sec. 873. All employees of the Washington traffic safety commission are transferred to the jurisdiction of the Washington state patrol. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington state patrol to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
NEW SECTION. Sec. 874. All rules and all pending business before the Washington traffic safety commission shall be continued and acted upon by the Washington state patrol. All existing contracts and obligations shall remain in full force and shall be performed by the Washington state patrol.
NEW SECTION. Sec. 875. The transfer of the powers, duties, functions, and personnel of the Washington traffic safety commission shall not affect the validity of any act performed prior to the effective date of this section.
NEW SECTION. Sec. 876. If apportionments of budgeted funds are required because of the transfers directed by sections 2 through 5 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
NEW SECTION. Sec. 877. Nothing contained in sections 1 through 6 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.
NEW SECTION. Sec. 878. A new section is added to chapter 43.06 RCW to read as follows:
The governor shall be responsible for the administration of the traffic safety program of the state and shall be the official of the state having ultimate responsibility for dealing with the federal government with respect to all programs and activities of the state and local governments pursuant to the Highway Safety Act of 1966 (P.L. 89-564; 80 Stat. 731). The governor is authorized and empowered to accept and disburse federal grants or other funds or donations from any source for the purpose of improving traffic safety programs in the state of Washington, and is hereby empowered to contract and to do all other things necessary in behalf of this state to secure the full benefits available to this state under the federal Highway Safety Act of 1966 and in so doing, to cooperate with federal and state agencies, agencies private and public, interested organizations, and with individuals, to effectuate the purposes of that enactment, and any and all subsequent amendments thereto. The governor shall be assisted in these duties and responsibilities by the Washington state patrol.
NEW SECTION. Sec. 879. A new section is added to chapter 43.06 RCW to read as follows:
The governor shall be assisted in the duties and responsibilities under section 8 of this act by the advisory committee on traffic safety. The advisory committee on traffic safety shall be composed of the governor as chair, the superintendent of public instruction, the director of licensing, the secretary of transportation, the chief of the state patrol, the secretary of health, the secretary of social and health services, a representative of the association of Washington cities to be appointed by the governor, a member of the Washington state association of counties to be appointed by the governor, a representative of the judiciary to be appointed by the governor, and four public citizens representing traffic safety interests to be appointed by the governor. In addition, appointments to any vacancies among appointee members shall be as in the case of original appointment.
The governor or any advisory committee member except those appointed by the governor under this section may designate an employee of his or her office or agency to act on his or her behalf during the absence of the governor or member at one or more of the meetings of the committee. The vote of the designee shall have the same effect as if cast by the member if the designation is in writing and is presented to the person presiding at the meetings included within the designation.
The governor may designate a member to preside during the governor's absence.
The chief of the state patrol shall be responsible for convening the committee and shall serve as secretary.
NEW SECTION. Sec. 880. A new section is added to chapter 43.06 RCW to read as follows:
The advisory committee on traffic safety shall provide assistance and guidance in the development of the highway safety plan required pursuant to the Highway Safety Act of 1966; develop recommendations for the creation, revision, or enforcement of traffic safety laws; promote programs to improve traffic safety; and advise and assist the governor and the state patrol, as requested, in carrying out their duties and responsibilities pertaining to the state's traffic safety program. Staff support for the committee shall be provided by the state patrol. The committee shall meet at least one time per year.
NEW SECTION. Sec. 881. A new section is added to chapter 43.43 RCW to read as follows:
In addition to other responsibilities set forth in this chapter the state patrol shall:
(1) Assist the governor to carry out duties and responsibilities pertaining to the traffic safety program of the state and the Highway Safety Act of 1966 (P.L. 89-564; 80 Stat. 731) as provided in section 8 of this act;
(2) Advise and confer with the governing authority of any political subdivision of the state deemed eligible under the federal Highway Safety Act of 1966 for participation in the aims and programs and purposes of that act;
(3) Advise and confer with all agencies of state government whose programs and activities are within the scope of the Highway Safety Act including those agencies that are not subject to direct supervision, administration, and control by the governor under existing laws;
(4) Provide staff support to the advisory committee on traffic safety as provided under section 10 of this act;
(5) Succeed to and be vested with all powers, duties, and jurisdictions previously vested in the Washington traffic safety commission;
(6) Carry out such other responsibilities as may be consistent with section 12 of this act.
NEW SECTION. Sec. 882. A new section is added to chapter 43.43 RCW to read as follows:
The governor's traffic safety program as provided in section 8 of this act shall be located in the office of the chief. As the agency carrying out the governor's traffic safety program, the Washington state patrol shall have the following responsibilities: To find solutions to the problems that have been created as a result of the tremendous increase of motor vehicles on our highways and the attendant traffic death and accident tolls; to plan and supervise programs for the prevention of accidents on streets and highways including but not limited to educational campaigns designed to reduce traffic accidents in cooperation with all official and unofficial organizations interested in traffic safety; to coordinate the activities at the state and local levels in the development of state-wide and local traffic safety programs; to promote a uniform enforcement of traffic safety laws and establish standards for investigation and reporting of traffic accidents; to promote and improve driver education; and to authorize the governor to perform all functions required to be performed under the federal Highway Safety Act of 1966.
NEW SECTION. Sec. 883. A new section is added to chapter 43.43 RCW to read as follows:
The Washington state patrol shall submit a report each biennium outlining programs planned and steps taken toward improving traffic safety to the chair of the legislative transportation committee.
NEW SECTION. Sec. 884. A new section is added to chapter 43.43 RCW to read as follows:
The Washington state patrol shall produce and disseminate through all possible media, informational and educational materials explaining the extent of the problems caused by drinking drivers, the need for public involvement in their solution, and the penalties of existing and new laws against driving while under the influence of intoxicating liquor or any drug.
Sec. 885. RCW 28A.170.050 and 1987 c 518 s 209 are each amended to read as follows:
The superintendent of
public instruction shall appoint a substance abuse advisory committee comprised
of: Representatives of certificated and noncertificated staff; administrators;
parents; students; school directors; the bureau of alcohol and substance abuse
within the department of social and health services; the ((traffic safety
commission)) Washington state patrol; and county coordinators of
alcohol and drug treatment. The committee shall advise the superintendent on
matters of local program development, coordination, and evaluation.
Sec. 886. RCW 43.03.028 and 1993 c 281 s 45 and 1993 c 101 s 14 are each reenacted and amended to read as follows:
(1) There is hereby created a state committee on agency officials' salaries to consist of seven members, or their designees, as follows: The president of the University of Puget Sound; the chairperson of the council of presidents of the state's four-year institutions of higher education; the chairperson of the Washington personnel resources board; the president of the Association of Washington Business; the president of the Pacific Northwest Personnel Managers' Association; the president of the Washington State Bar Association; and the president of the Washington State Labor Council. If any of the titles or positions mentioned in this subsection are changed or abolished, any person occupying an equivalent or like position shall be qualified for appointment by the governor to membership upon the committee.
(2) The committee shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government:
The arts commission;
the human rights commission; the board of accountancy; the board of pharmacy;
the eastern Washington historical society; the Washington state historical
society; the interagency committee for outdoor recreation; the criminal justice
training commission; the department of personnel; the state finance committee;
the state library; ((the traffic safety commission;)) the horse racing
commission; the advisory council on vocational education; the public disclosure
commission; the state conservation commission; the commission on Hispanic
affairs; the commission on Asian-American affairs; the state board for
volunteer fire fighters; the transportation improvement board; the public
employment relations commission; the forest practices appeals board; and the
energy facilities site evaluation council.
The committee shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position.
(3) Committee members shall be reimbursed by the department of personnel for travel expenses under RCW 43.03.050 and 43.03.060.
Sec. 887. RCW 43.43.390 and 1991 c 214 s 1 are each amended to read as follows:
Bicycling is increasing in popularity as a form of recreation and as an alternative mode of transportation. To make bicycling safer, the various law enforcement agencies should enforce traffic regulations for bicyclists. By enforcing bicycle regulations, law enforcement officers are reinforcing educational programs. Bicycling takes more skill than most people realize. Since bicyclists have a low profile in traffic and are unprotected, they need more defensive riding skills than motorists do.
A bicycle awareness
program is created within the Washington state patrol. In developing the
curriculum for the bicycle awareness program the patrol shall consult with ((the
traffic safety commission and with)) bicycling groups providing bicycle
safety education. The patrol shall conduct the program in conjunction with the
safety education officer program and may use other law enforcement personnel
and volunteers to implement the program for children in grades kindergarten
through six. The patrol shall ensure that each safety educator presenting the
bicycle awareness program has received specialized training in bicycle safety
education and has been trained in effective defensive bicycle riding skills.
Sec. 888. RCW 43.70.410 and 1990 c 270 s 3 are each amended to read as follows:
As used in RCW 43.70.400 through 43.70.440, the term "head injury" means traumatic brain injury.
A head injury prevention program is created in the department of health. The program's functions may be integrated with those of similar programs to promote comprehensive, integrated, and effective health promotion and disease prevention.
In consultation with
the ((traffic safety commission)) Washington state patrol, the
department shall, directly or by contract, identify and coordinate public
education efforts currently underway within state government and among private
groups to prevent traumatic brain injury, including, but not limited to,
bicycle safety, pedestrian safety, bicycle passenger seat safety, motorcycle
safety, motor vehicle safety, and sports safety. If the department finds that
programs are not available or not in use, it may, within funds appropriated for
the purpose, provide grants to promote public education efforts. Grants may be
awarded only after recipients have demonstrated coordination with relevant and
knowledgeable groups within their communities, including at least schools,
brain injury support organizations, hospitals, physicians, traffic safety
specialists, police, and the public. The department may accept grants, gifts,
and donations from public or private sources to use to carry out the head
injury prevention program.
The department may assess or contract for the assessment of the effectiveness of public education efforts coordinated or initiated by any agency of state government. Agencies are directed to cooperate with assessment efforts by providing access to data and program records as reasonably required. The department may seek and receive additional funds from the federal government or private sources for assessments. Assessments shall contain findings and recommendations that will improve the effectiveness of public education efforts. These findings shall be distributed among public and private groups concerned with traumatic brain injury prevention.
Sec. 889. RCW 43.70.420 and 1990 c 270 s 4 are each amended to read as follows:
The department of
health, the department of licensing, and the ((traffic safety commission))
Washington state patrol shall jointly prepare information for driver license
manuals, driver education programs, and driving tests to increase driver
awareness of pedestrian safety, to increase driver skills in avoiding
pedestrian and motor vehicle accidents, and to determine drivers' abilities to
avoid pedestrian motor vehicle accidents.
Sec. 890. RCW 44.40.070 and 1988 c 167 s 10 are each amended to read as follows:
Prior to October 1st of
each even-numbered year all state agencies whose major programs consist of
transportation activities, including the department of transportation, the
utilities and transportation commission, the transportation improvement board,
the Washington state patrol, the department of licensing, ((the traffic
safety commission,)) the county road administration board, and the board of
pilotage commissioners, shall adopt or revise, after consultation with the
legislative transportation committee, a comprehensive six-year program and
financial plan for all transportation activities under each agency's
jurisdiction.
The comprehensive six-year program and financial plan shall state the general objectives and needs of each agency's major transportation programs, including workload and performance estimates.
Sec. 891. RCW 46.01.030 and 1990 c 250 s 14 are each amended to read as follows:
The department shall be responsible for administering and recommending the improvement of the motor vehicle laws of this state relating to:
(1) driver examining and licensing;
(2) driver improvement;
(3) driver records;
(4) financial responsibility;
(5) certificates of ownership;
(6) certificates of license registration and license plates;
(7) proration and reciprocity;
(8) liquid fuel tax collections;
(9) licensing of dealers, motor vehicle transporters, motor vehicle wreckers, for hire vehicles, and drivers' schools;
(10) general highway
safety promotion in cooperation with the Washington state patrol ((and
traffic safety commission));
(11) such other activities as the legislature may provide.
Sec. 892. RCW 46.52.120 and 1993 c 501 s 12 are each amended to read as follows:
(1) The director shall keep a case record on every motor vehicle driver licensed under the laws of this state, together with information on each driver, showing all the convictions and findings of traffic infractions certified by the courts, together with an index cross-reference record of each accident reported relating to such individual with a brief statement of the cause of the accident. The chief of the Washington state patrol shall furnish the index cross-reference record to the director, with reference to each driver involved in the reported accidents.
(2) The records shall
be for the confidential use of the director, the chief of the Washington state
patrol, ((the director of the Washington traffic safety commission)),
and for such police officers or other cognizant public officials as may be
designated by law. Such case records shall not be offered as evidence in any
court except in case appeal is taken from the order of the director,
suspending, revoking, canceling, or refusing a vehicle driver's license.
(3) The director shall tabulate and analyze vehicle driver's case records and suspend, revoke, cancel, or refuse a vehicle driver's license to a person when it is deemed from facts contained in the case record of such person that it is for the best interest of public safety that such person be denied the privilege of operating a motor vehicle. Whenever the director orders the vehicle driver's license of any such person suspended, revoked, or canceled, or refuses the issuance of a vehicle driver's license, such suspension, revocation, cancellation, or refusal is final and effective unless appeal from the decision of the director is taken as provided by law.
Sec. 893. RCW 46.82.300 and 1984 c 287 s 93 are each amended to read as follows:
(1) The director shall
be assisted in the duties and responsibilities of this chapter by the driver
instructors' advisory committee, consisting of five members. Members of the
advisory committee shall be appointed by the director for two-year terms and
shall consist of a representative of the driver training schools, a
representative of the driving instructors (who shall not be from the same
school as the school member), a representative of the superintendent of public
instruction, a representative of the department of licensing, and a
representative from the Washington state ((traffic safety commission)) patrol.
Members shall be reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060. A member who is receiving a salary from the state
shall not receive compensation other than travel expenses incurred in such
service.
(2) The advisory committee shall meet at least semiannually and shall have additional meetings as may be called by the director. The director or the director's representative shall attend all meetings of the advisory committee and shall serve as chairman.
(3) Duties of the advisory committee shall be to:
(a) Advise and confer with the director or the director's representative on matters pertaining to the establishment of rules necessary to carry out this chapter;
(b) Review violations of this chapter and to recommend to the director appropriate enforcement or disciplinary action as provided in this chapter;
(c) Review and update when necessary a curriculum consisting of a list of items of knowledge and the processes of driving a motor vehicle specifying the minimum requirements adjudged necessary in teaching a proper and adequate course of driver education; and
(d) Prepare the examination for a driver instructor's certificate and review examination results at least once each calendar year for the purpose of updating and revising examination standards.
Sec. 894. RCW 46.90.010 and 1993 c 400 s 2 are each amended to read as follows:
In consultation with
the chief of the Washington state patrol ((and the traffic safety commission)),
the director shall adopt in accordance with chapter 34.05 RCW a model traffic
ordinance for use by any city, town, or county. The addition of any new
section to, or amendment or repeal of any section in, the model traffic
ordinance is deemed to amend any city, town, or county, ordinance which has
adopted by reference the model traffic ordinance or any part thereof, and it
shall not be necessary for the legislative authority of any city, town, or
county to take any action with respect to such addition, amendment, or repeal
notwithstanding the provisions of RCW 35.21.180, 35A.12.140, 35A.13.180, and
36.32.120(7).
Sec. 895. RCW 47.01.250 and 1990 c 266 s 5 are each amended to read as follows:
The chief of the
Washington state patrol, ((the director of the traffic safety commission,))
the executive director of the county road administration board, and the
director of licensing are designated as official consultants to the
transportation commission so that the goals and activities of their respective
agencies which relate to transportation are fully coordinated with other
related responsibilities of the department of transportation. In this
capacity, the chief of the Washington state patrol, ((the director of the
traffic safety commission,)) the executive director of the county road
administration board, and the director of licensing shall consult with the
transportation commission and the secretary of transportation on the
implications and impacts on the transportation related functions and duties of
their respective agencies of any proposed comprehensive transportation plan,
program, or policy.
In order to develop
fully integrated, balanced, and coordinated transportation plans, programs, and
budgets the chief of the Washington state patrol, ((the director of the
traffic safety commission,)) the executive director of the county road
administration board, and the director of licensing shall consult with the
secretary of transportation on the matter of relative priorities during the
development of their respective agencies' plans, programs, and budgets as they
pertain to transportation activities. The secretary of transportation shall
provide written comments to the governor and the legislature on the extent to
which the state patrol's, ((the traffic safety commission's,)) the
county road administration board's, and the department of licensing's final
plans, programs, and budgets are compatible with the priorities established in
the department of transportation's final plans, programs, and budgets.
NEW SECTION. Sec. 896. The following acts or parts of acts are each repealed:
(1) RCW 43.59.010 and 1967 ex.s. c 147 s 1;
(2) RCW 43.59.020 and 1967 ex.s. c 147 s 2;
(3) RCW 43.59.030 and 1991 c 3 s 298, 1982 c 30 s 1, 1979 c 158 s 105, 1971 ex.s. c 85 s 7, 1969 ex.s. c 105 s 1, & 1967 ex.s. c 147 s 3;
(4) RCW 43.59.040 and 1983 1st ex.s. c 14 s 1 & 1967 ex.s. c 147 s 4;
(5) RCW 43.59.050 and 1975-'76 2nd ex.s. c 34 s 120 & 1967 ex.s. c 147 s 6;
(6) RCW 43.59.060 and 1967 ex.s. c 147 s 7;
(7) RCW 43.59.070 and 1967 ex.s. c 147 s 8;
(8) RCW 43.59.080 and 1967 ex.s. c 147 s 9;
(9) RCW 43.59.130 and 1987 c 505 s 31, 1971 ex.s. c 195 s 5, & 1967 ex.s. c 147 s 14; and
(10) RCW 43.59.140 and 1991 c 290 s 4 & 1983 c 165 s 42.
NEW SECTION. Sec. 897. This act shall take effect July 1, 1994."
Renumber the remaining sections consecutively.
ESHB 2676 - S AMD
BySenator Vognild
ADOPTED 3/8/94
On page 2, line 11 of the title, strile "and 90.54.190" and insert "90.54.190, 28A.170.050, 43.43.390, 43.70.410, 43.70.420, 44.40.070, 46.01.030, 46.52.120, 46.82.300, 46.90.010, and 47.01.250"
On page 2, line 12 of the amendment, strike "and"
On page 2, line 13 of the amendment, after "050" insert ", and 43.03.028"
On pate 2, line 16 of the title, before "creating" insert "adding new sections to chapter 43.06 RCW; adding new sections to chapter 43.43 RCW;"
ESHB 2676 - S AMD
BySenator Vognild
ADOPTED 3/8/94
On page 3, line 7 of the title, before the semicolon insert ", 43.59.010, 43.59.020, 43.59.030, 43.59.040, 43.59.050, 43.59.060, 43.59.070, 43.59.080, 43.59.130, and 43.59.140"
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