6523-S.E

AN ACT Relating to transferring the responsibilities of traffic safety; amending RCW 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; reenacting and amending RCW 43.03.028; adding new sections to chapter 43.06 RCW; adding new sections to chapter 43.43 RCW; creating new sections; repealing RCW 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; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. This act shall take effect July 1, 1994.