H-1233.1 _______________________________________________
HOUSE BILL 1512
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
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 01/27/95. Referred to Committee on Transportation.
AN ACT Relating to adopt-a-highway programs; and amending RCW 47.40.100.
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 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.
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