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ENGROSSED SUBSTITUTE HOUSE BILL 1512
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State of Washington 54th Legislature 1995 Regular Session
By House Committee on Transportation (originally sponsored by Representatives Romero, Chandler, Patterson, Quall, Tokuda, D. Schmidt, Skinner, Chopp, Elliot, Johnson, Ogden, Scott, Blanton, Brown, Hatfield, R. Fisher, Basich, Sheldon, Appelwick, Dellwo, Wolfe, Rust, Regala, Chappell, Kremen, Dickerson, Kessler, Costa, Poulsen and Cody)
Read first time 02/10/95.
AN ACT Relating to adopt-a-highway programs; amending RCW 47.40.100; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 47.40.100 and 1990 c 258 s 5 are each amended to read as follows:
(1)
The department of transportation shall establish a state-wide adopt-a-highway
((litter control)) program ((whereby volunteer organizations may
contribute to a cleaner environment and a more attractive state by adopting
sections of state highway and picking up litter along those sections)). The
purpose of the program is to provide volunteers and businesses an opportunity
to contribute to a cleaner environment, enhanced roadsides, and protection of
wildlife habitats. Participating volunteers and businesses shall adopt
department-designated sections of state highways, rest areas, park and ride
lots, intermodal facilities, and any other facilities the department deems
appropriate, in accordance with rules adopted by the department. The
department may elect to coordinate a consortium of participants for
adopt-a-highway projects.
The adopt-a-highway program shall include, at a minimum, litter control for the adopted section, and may include additional responsibilities such as planting and maintaining vegetation, controlling weeds, graffiti removal, and any other roadside improvement or clean-up activities the department deems appropriate. The department shall not accept adopt-a-highway proposals that would have the effect of terminating classified employees or classified employee positions.
(2) A volunteer group or business choosing to participate in the adopt-a-highway program must submit a proposal to the department. The department shall review the proposal for consistency with departmental policy and rules. The department may accept, reject, or modify an applicant's proposal.
(3) The department shall seek partnerships with volunteer groups and businesses to facilitate the goals of this section. The department may solicit funding for the adopt-a-highway program that allows private entities to undertake all or a portion of financing for the initiatives. The department shall develop guidelines regarding the cash, labor, and in-kind contributions to be performed by the participants.
(4) An organization whose name: (a) Endorses or opposes a particular candidate for public office, (b) advocates a position on a specific political issue, initiative, referendum, or piece of legislation, or (c) includes a reference to a political party shall not be eligible to participate in the adopt-a-highway program.
(((2)))
(5) In administering the adopt-a-highway program, the department
shall:
(a)
Provide a standardized application form, registration form, and contractual
agreement for all ((volunteer)) participating groups. ((Such))
The forms shall notify the prospective participants of the risks and
responsibilities to be assumed by ((either)) the department ((and/or
the volunteer groups)) and the participants;
(b)
Require all ((volunteers)) participants to be at least fifteen
years of age;
(c) Require parental consent for all minors;
(d)
Require at least one ((volunteer)) adult supervisor for every eight
minors;
(e)
Require one designated leader for each ((volunteer)) participating
organization, unless the department chooses to coordinate a consortium of
participants;
(f)
Assign each ((volunteer)) participating organization a section or
sections of state highway, or other state-owned transportation
facilities, for a specified period of time;
(g) Recognize the efforts of a participating organization by erecting and maintaining signs with the organization's name on both ends of the organization's section of highway;
(h)
Provide appropriate safety equipment ((and "Volunteer Litter Crew
Ahead" signs)). Safety equipment((, other than hardhats,))
issued to ((volunteer organizations)) participating groups must
be returned to the department ((after each use for reuse by other volunteer
groups)) upon termination of the applicable adopt-a-highway agreement;
(i)
Provide safety training for all ((volunteers)) participants;
(j) Pay any and all premiums or assessments required under RCW 51.12.035 to secure medical aid benefits under chapter 51.36 RCW for all volunteers participating in the program;
(k) Require participating businesses to pay all employer premiums or assessments required to secure medical aid benefits under chapter 51.36 RCW for all employees or agents participating in the program;
(l) Maintain records of all injuries and accidents that occur;
(((l)))
(m) Adopt rules ((which)) that establish a process to
resolve any question of an organization's eligibility to participate in the
adopt-a-highway program;
(((m)))
(n) Obtain permission from property owners who lease right of way before
allowing ((a volunteer)) an organization to adopt a section of
highway on such leased property; and
(((n)))
(o) Establish procedures and guidelines for the adopt-a-highway program.
(((3)))
(6) Nothing in this section affects the rights or activities of, or
agreements with, adjacent landowners, including the use of rights of way and
crossings, nor impairs these rights and uses by the placement of signs.
NEW SECTION. Sec. 2. If specific funding for the purposes of this act, referring to this act by bill number, is not provided for in a transportation appropriations act in 1995 that either becomes law under Article III, section 12 of the state Constitution or is approved by the people of the state, this act is null and void.
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