H-1457.2  _______________________________________________

                    SUBSTITUTE HOUSE BILL 1266

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By House Committee on Transportation (originally sponsored by Representatives Fisher and Mitchell; by request of Governor Locke)

Read first time .  Referred to Committee on .

Making supplemental transportation appropriations.

    AN ACT Relating to transportation funding and appropriations; amending 2000 2nd sp.s. c 3 ss 201, 211, 212, 216, 217, 224, 230, 401, 403, 404, and 405 (uncodified); making appropriations; and declaring an emergency.

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

                              PART II

                      TRANSPORTATION AGENCIES

    Sec. 201.  2000 2nd sp.s. c 3 s 201 (uncodified) is amended to read as follows:

FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION

Highway Safety Account‑-State Appropriation.... $        1,452,000

Highway Safety Account‑-Federal Appropriation...                 $........................................... 9,038,000

School Zone Safety Account‑-State Appropriation $    ((1,004,000))

1,204,000

           TOTAL APPROPRIATION................. $   ((11,494,000))

11,694,000

    The appropriations in this section ((is)) are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) $25,000 of the highway safety account‑-state is provided as a one-time appropriation to implement the Cooper Jones act, chapter 165, Laws of 1998.

    (2) The Washington traffic safety commission may oversee no more than four pilot projects regarding the use of traffic safety cameras at school zones and/or railroad crossings and no more than one pilot project regarding the use of traffic safety cameras at school zones, stoplights, and/or railroad crossings.  The traffic safety commission shall use the following guidelines to administer the program:

    (a) Traffic safety cameras may take pictures of the vehicle and vehicle license plate only;

    (b) The law enforcement agency of the city or county government shall plainly mark the locations where the automated traffic enforcement system is used by placing signs on street locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic enforcement system;

    (c) Cities and counties using traffic safety cameras must provide periodic notice by mail to its citizens indicating the zones in which the traffic safety cameras will be used;

    (d) Notices of infractions must be mailed to the registered owner of a vehicle within fourteen days of the infraction occurring;

    (e) The owner of the vehicle is not responsible for the violation if the owner of the vehicle, within fifteen days after notification of the violation, furnishes the officials or agents of the municipality that issued the citation with:

    (i) An affidavit made under oath, stating that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner; or

    (ii) Testimony in open court under oath that the person was not the operator of the vehicle at the time of the alleged violation;

    (f) Infractions detected through the use of traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120;

    (g) By January 1, 2001, the traffic safety commission shall provide a report to the legislature regarding the use, public acceptance, outcomes, and other relevant issues regarding traffic safety cameras demonstrated by the pilot projects.

    Sec. 202.  2000 2nd sp.s. c 3 s 211 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL‑-FIELD OPERATIONS BUREAU

State Patrol Highway Account‑-

    State Appropriation........................ $  ((154,314,000))

154,550,000

State Patrol Highway Account‑-

    Federal Appropriation...................... $    ((6,153,000))

7,097,000

State Patrol Highway Account‑-

    Private/Local Appropriation................ $          169,000

           TOTAL APPROPRIATION................. $  ((160,636,000))

161,816,000

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) $1,435,000 of the state patrol highway account‑-state appropriation is provided solely to the field operations group subprogram as a one-time appropriation to begin funding phase III of the Washington state patrol's upgrade to the statewide emergency communication system.  The Washington state patrol shall provide a full analysis of the costs, benefits, and requirements for completing all phases of the upgrade to the statewide emergency communication system to the senate transportation committee and the house of representatives transportation committee by December 1, 1999.

    (2) The Washington state patrol is authorized to use the federal community-oriented policing program (COPS) for 18 COPS troopers to begin in July 2000.  The troopers must be used on the state's highways and up to six may be utilized in the Vancouver, Washington area.

    Sec. 203.  2000 2nd sp.s. c 3 s 212 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL‑-SUPPORT SERVICES BUREAU

State Patrol Highway Account‑-

    State Appropriation........... ............ $   ((65,621,000))

65,963,000

State Patrol Highway Account‑-

    Federal Appropriation...................... $          104,000

State Patrol Highway Account‑-

    Private/Local Appropriation................ $          743,000

           TOTAL APPROPRIATION................. $   ((66,468,000))

66,810,000

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:  $877,000 of the state patrol highway account‑‑state appropriation is provided solely to maintain pursuit vehicles and provide for replacement of the vehicles at 110,000 miles.  The agency may purchase a total of 354 pursuit vehicles during the biennium ending June 30, 2001.  The appropriation in this section reflects carry forward and new funding due to the consolidation of gasoline, maintenance, parts, and pursuit vehicles into the fleet section of the support services bureau.

    Sec. 204.  2000 2nd sp.s. c 3 s 216 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING‑-DRIVER SERVICES

Motorcycle Safety Education Account‑-

    State Appropriation........................ $        2,210,000

Highway Safety Account‑-State Appropriation.... $   ((77,971,000))

77,901,000

           TOTAL APPROPRIATION................. $   ((80,181,000))

80,111,000

    The appropriations in this section are subject to the following conditions and limitations:

    (1) By January 1, 2001, the department shall report to the transportation committees of the house of representatives and the senate on the progress of the driver history initiative project and make recommendations for implementing this project on a statewide level.

    (2) $2,880,000 of the highway safety account‑-state appropriation is provided solely for the department to enter into a contract for the implementation of an improved state driver's license and identicard.  The contract with the vendor providing the improved license and identicard shall state that the license and the identicard shall not contain:  (a) The driver's social security number in either visible or machine readable form; or (b) the driver's fingerprint or thumbprint.  Consistent with RCW 42.17.260(9) the department shall not sell or otherwise make available any information that it gathers from citizens of the state of Washington in administering the driver's licensing program except as already authorized in Title 46 RCW.

    (3) In September of 1999 the department of licensing shall report to the senate transportation committee and the house of representatives transportation committee on:

    (a) The controls implemented by the department to ensure the integrity and credibility of the written driver's license test administered by the department; and

    (b) The policies and procedures implemented by the department to ensure that the driver's manuals produced and distributed by the department contain correct data based on current federal, state, and local statutes, ordinances, and rules.

    (4) $17,000 of the highway safety fund--state appropriation is provided solely to implement House Bill No. 1774 enacted in the form passed by the legislature.  If House Bill No. 1774 is not enacted in the form passed by the legislature the amount referenced in this subsection shall lapse.

    (5) $130,000 of the highway safety fund‑-state appropriation is provided solely to implement House Bill No. 2259 enacted in the form passed by the legislature.  If House Bill No. 2259 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

    Sec. 205.  2000 2nd sp.s. c 3 s 217 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY MANAGEMENT AND FACILITIES‑-PROGRAM D‑-OPERATING

Motor Vehicle Account‑-State Appropriation..... $   ((45,236,000))

45,536,000

Motor Vehicle Account‑-Federal Appropriation... $          400,000

           TOTAL APPROPRIATION................. $   ((45,636,000))

45,936,000

    Sec. 206.  2000 2nd sp.s. c 3 s 221 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY MAINTENANCE‑-PROGRAM M

Motor Vehicle Account‑-State Appropriation..... $  ((239,927,000))

240,627,000

Motor Vehicle Account‑-Federal Appropriation... $          486,000

Motor Vehicle Account‑-Private/Local

    Appropriation.............................. $    ((3,417,000))

4,917,000

           TOTAL APPROPRIATION................. $  ((243,830,000))

246,030,000

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations will be requested to restore state funding for ongoing maintenance activities.

    (2) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle fund‑-state into unallotted status.  This exchange shall not affect the amount of funding available for snow and ice removal.

    (3) The department shall not close any highway rest areas but shall continue to operate and maintain all existing rest areas.  The department shall convene a panel of stakeholders to evaluate innovative financing options and partnership opportunities at safety rest areas on state highways.  At a minimum, the evaluation shall include:  (a) A survey of relevant laws that impact the state's ability to create public‑private partnerships or utilize innovative financing techniques for the maintenance and operation of safety rest areas; and (b) an identification of maintenance and operation activities necessary to ensure continuous operation of safety rest areas.  By December 1, 2000, the stakeholder panel shall make recommendations to the house of representatives and senate transportation committees and the office of financial management on the feasibility of instituting a pilot project for public‑private partnerships or innovative financing of safety rest areas.

    Sec. 207.  2000 2nd sp.s. c 3 s 224 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRANSPORTATION MANAGEMENT AND SUPPORT‑-PROGRAM S

Puget Sound Capital Construction Account‑-

    State Appropriation........................ $        2,989,000

Motor Vehicle Account‑-State Appropriation..... $   ((84,062,000))

84,262,000

Motor Vehicle Account‑-Federal Appropriation... $          125,000

Puget Sound Ferry Operations Account‑-

    State Appropriation........................ $        6,353,000

Transportation Account‑-State Appropriation.... $          115,000

Multimodal Transportation Account‑-State

    Appropriation.............................. $        1,402,000

           TOTAL APPROPRIATION................. $   ((95,046,000))

95,246,000

    The appropriations in this section are subject to the following conditions and limitations and the specified amount is provided solely for that activity:

    (1) $75,000 of the motor vehicle account‑-state appropriation is provided solely to enable the secretary of transportation to implement a leadership training program at the department of transportation.  The program shall include a mentoring component.  The department shall develop performance measures to evaluate the effectiveness of the program, including but not limited to a performance measure to determine the effect of the program on employee retention.  The department shall provide a progress report on the training program to the office of financial management, the senate transportation committee, and the house of representatives transportation committee by December 1, 2000.

    (2) Appropriation transfers from transportation management and support to the transportation equipment fund for management information services activities shall be permitted through fiscal year 2000.  Effective July 1, 2000, expenditures for these activities shall be charged directly to transportation management and support.

    Sec. 208.  2000 2nd sp.s. c 3 s 226 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRANSPORTATION PLANNING, DATA, AND RESEARCH‑-PROGRAM T

Motor Vehicle Account‑-State Appropriation..... $   ((10,459,000))

10,211,000

Motor Vehicle Account‑-Federal Appropriation... $       17,000,000

Transportation Account‑-State Appropriation.... $          328,000

Multimodal Transportation Account‑-State

    Appropriation.............................. $    ((1,043,000))

1,291,000

           TOTAL APPROPRIATION................. $       28,830,000

    Sec. 209.  2000 2nd sp.s. c 3 s 227 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-CHARGES FROM OTHER AGENCIES‑-PROGRAM U

    (1) FOR PAYMENT OF COSTS OF ATTORNEY GENERAL TORT CLAIMS SUPPORT

Motor Vehicle Account‑‑State Appropriation..... $        2,913,000

Puget Sound Ferry Operations‑‑State

    Appropriation.............................. $        1,155,000

    (2) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE AUDITOR

Motor Vehicle Account‑-State Appropriation..... $          907,000

    (3) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL ADMINISTRATION FACILITIES AND SERVICES AND CONSOLIDATED MAIL SERVICES

Motor Vehicle Account‑-State Appropriation..... $        3,693,000

    (4) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF PERSONNEL

Motor Vehicle Account‑-State Appropriation..... $    ((1,990,000))

2,240,000

    (5) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION

Motor Vehicle Account‑-State Appropriation..... $       11,539,000

    (6) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION

Motor Vehicle Fund‑-Puget Sound Ferry Operations Account‑-

    State Appropriation........................ $        3,262,000

    (7) FOR PAYMENT OF COSTS OF OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES

Motor Vehicle Account‑-State Appropriation..... $          158,000

    (8) FOR PAYMENT OF THE DEPARTMENT OF GENERAL ADMINISTRATION CAPITAL PROJECTS SURCHARGE

Motor Vehicle Account‑-State Appropriation..... $        1,100,000

    (9) FOR ARCHIVES AND RECORDS MANAGEMENT

Motor Vehicle Account‑-State Appropriation..... $          392,000

    Sec. 210.  2000 2nd sp.s. c 3 s 230 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-MARINE‑-PROGRAM X

Marine Operating Account‑-State

    Appropriation.............................. $      148,330,000

Puget Sound Ferry Operations Account‑-State

    Appropriation.............................. $  ((137,587,000))

149,415,000

Multimodal Transportation Account‑-State

    Appropriation.............................. $        5,092,000

           TOTAL APPROPRIATION................. $  ((291,009,000))

302,837,000

    The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) Appropriations in this section shall initially be allotted as appropriated by this section.  Subsequent allotment modifications shall not permit moneys that are provided solely for a specified purpose to be used for other than that purpose.  After May 1, 2000, after approval by the director of financial management and unless specifically prohibited by this act, the department may transfer appropriations between the marine operating account‑-state and the Puget Sound ferry operations account‑-state appropriations.  However, the program shall not expend more than the total amount appropriated from these accounts.

    (2) The appropriation is based on the budgeted expenditure of (($29,539,000)) $41,367,000 for vessel operating fuel in the 1999-2001 biennium.  If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended.  If the actual cost exceeds this amount, the department shall request a supplemental appropriation.

    (3) The appropriation provides for the compensation of ferry employees.  The expenditures for compensation paid to ferry employees during the 1999-2001 biennium may not exceed $195,690,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $341.75 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 1999-2001 biennium.  For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).

    The prescribed salary and insurance benefit increase or decrease dollar amount that shall be allocated from the governor's compensation appropriations is in addition to the appropriation contained in this section and may be used to increase or decrease compensation costs, effective July 1, 1999, and thereafter, as established in the 1999-2001 general fund operating budget.

    (4) The department, when implementing ferry service reductions, shall, to the extent possible, maintain peak hour vehicle and passenger service capacity, summer tourist route capacity, and a fall/winter/spring presence on all auto ferry routes, while ensuring equitable treatment among routes.

    (5) The joint task force on ferries is created.

    (a) The joint task force on ferries is composed of:

    (i) Eight members of the legislature selected as follows:

    (A) Four members of the senate, two from each of the major caucuses, to be appointed by the president of the senate, who shall select one of the four senate members as cochair;

    (B) Four members of the house of representatives, two from each of the major caucuses, to be appointed by the cospeaker of the respective caucus.  The cospeakers shall jointly select one of the four house members as cochair; and

    (C) The members appointed from each major caucus of the senate and the house of representatives must include one member from a legislative district that encompasses a terminus of a Washington state ferry route and one from a legislative district that does not include a terminus of a Washington state ferry route;

    (ii) At least one person designated by the cochairs representing each of the following:

    (A) Ferry advisory committees;

    (B) Persons who do not use ferries;

    (C) Labor organizations representing ferry workers;

    (D) Washington State Ferries;

    (E) Transit operators;

    (F) The office of financial management; and

    (G) Other groups as deemed appropriate by the cochairs of the task force.

    (b) The transportation committees shall provide staff support as mutually agreed by the cochairs of the joint task force.

    (c) The legislative transportation committee shall pay the expenses of the legislative committee members.

    (d) The joint task force on ferries shall report to the full legislature at the beginning of the 2001 legislative session.  The report must include, but not be limited to, analysis and recommendations on the following:

    (i) Establishment of a long-term goal for recovery of operating costs from fare revenue;

    (ii) Options for further cuts in ferry service or full or partial restoration of ferry service cuts;

    (iii) Feasibility of full or partial privatization of the ferry system, public-private partnerships, or state and local partnerships; and

    (iv) Establishing the short-term and long-term capital needs of the Washington state ferry system.

                           (End of part)

                              PART IV

                    TRANSFERS AND DISTRIBUTIONS

    Sec. 401.  2000 2nd sp.s. c 3 s 401 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER‑-BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES:  FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE FUND AND TRANSPORTATION FUND REVENUE

Highway Bond Retirement Account Appropriation...                 $........................................... ((161,310,000))

154,200,000

Ferry Bond Retirement Account Appropriation.... $   ((53,592,000))

55,082,000

Transportation Improvement Board Bond Retirement

    Account‑-State Appropriation............... $   ((35,909,000))

35,796,000

Puget Sound Capital Construction Account‑-State

    Appropriation...................... ........ $          270,000

Motor Vehicle Account‑-State Appropriation..... $    ((1,960,000))

1,600,000

Special Category C Account‑-State Appropriation $      ((405,000))

100,000

Transportation Improvement Account‑-State

    Appropriation.............................. $          600,000

           TOTAL APPROPRIATION................. $  ((254,046,000))

247,648,000

    Sec. 402.  2000 2nd sp.s. c 3 s 403 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER‑-STATE REVENUES FOR DISTRIBUTION

    (1) Motor Vehicle Fund Appropriation for

motor vehicle fuel tax and overload penalties

distribution................................... $  ((483,325,000))

480,986,000

    (2) Transportation Fund Appropriation for

motor vehicle excise tax distribution.......... $  ((178,207,000))

179,882,000

    (3) Multimodal Transportation Account‑‑State

Appropriation for motor vehicle excise tax

distribution................................... $   ((52,619,000))

52,572,000

    Sec. 403.  2000 2nd sp.s. c 3 s 404 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER‑-TRANSFERS

    (1) RV Account‑-State Appropriation:

For transfer to the Motor Vehicle Fund‑-State...                 $........................................... 1,865,000

    (2) State Patrol Highway Account‑-State

Appropriation:  For transfer to the Motor Vehicle

Account‑‑State................................. $       27,000,000

    (3) Highway Safety Fund--State Appropriation:

For transfer to the Multimodal Transportation

Account--State................................. $        3,220,000

    (4) ((Puget Sound Ferry Operations Account‑‑State

Appropriation:  For transfer to the Marine

Operating Account‑‑State....................... $        1,400,000

    (5))) Public Transportation Systems Account‑-

State Appropriation:  For transfer to the

Multimodal Transportation Account--State........                 $...................................... 23,182,000

    (((6))) (5) Transportation Fund--State

Appropriation:  For transfer to the Multimodal

Transportation Account‑-State.................. $       28,061,000

    The department of transportation shall ((only)) request the state treasurer to transfer funds provided under subsection (1) of this section only on an as‑needed basis.

    Sec. 404.  2000 2nd sp.s. c 3 s 405 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRANSFERS

    Puget Sound Ferry Operations Account‑-State

Appropriation:  For transfer to the Puget Sound

Capital Construction Account‑‑State..................            $.................................. 67,000,000

    Motor Vehicle Fund--State Appropriation:

For transfer to the Advanced Environmental

Mitigation Revolving Account........................ $   1,000,000

    Motor Vehicle Fund--State Appropriation:

For transfer to Puget Sound Capital Construction

Account............................................. $  18,272,000

    Transportation Equipment Fund--State

Appropriation:  For transfer to the Motor

Vehicle Fund........................................ $ ((2,500,000))

2,509,000

    ((High Capacity Transportation Account‑-State

Appropriation:  For transfer to the Multimodal

Transportation Account.............................. $   2,036,000

    Passenger Ferry Account‑-State Appropriation:

For transfer to the Multimodal Transportation

Account............................................. $   235,000))

    The department of transportation shall only transfer funds to the Puget Sound capital construction account--state as provided under this subsection on an as-needed basis.  The department of transportation shall transfer all unexpended funds from the high capacity transportation account, the passenger ferry account, the public transportation systems account, and the transportation account to the multimodal transportation account.

                           (End of part)

                              PART VI

         PROVISIONS NECESSARY TO IMPLEMENT APPROPRIATIONS

NEW SECTION. Sec. 601.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 602.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

                           (End of part)

                               INDEX                         PAGE #

DEPARTMENT OF LICENSING

DRIVER SERVICES................................................. 4

DEPARTMENT OF TRANSPORTATION

CHARGES FROM OTHER AGENCIES--PROGRAM U.......................... 8

HIGHWAY MAINTENANCE--PROGRAM M.................................. 6

HIGHWAY MANAGEMENT AND FACILITIES--PROGRAM D--OPERATING......... 5

MARINE--PROGRAM X............................................... 9

TRANSFERS...................................................... 13

TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S................ 7

TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T.......... 8

STATE TREASURER

BOND RETIREMENT AND INTEREST................................... 12

STATE REVENUES FOR DISTRIBUTION................................ 12

TRANSFERS...................................................... 13

WASHINGTON STATE PATROL

FIELD OPERATIONS BUREAU......................................... 3

SUPPORT SERVICES BUREAU......................................... 3

WASHINGTON TRAFFIC SAFETY COMMISSION............................ 1

                            --- END ---