Z‑0652.1   _____________________________________________

HOUSE BILL 1664

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Fisher and Mitchell; by request of The Blue Ribbon Commission on Transportation

Read first time 01/31/2001.  Referred to Committee on Transportation.

_1      AN ACT Relating to the responsibilities of the transportation

_2  commission; amending RCW 47.01.021, 43.17.020, and 47.01.041;

_3  reenacting and amending RCW 47.01.101; adding new sections to

_4  chapter 47.01 RCW; creating a new section; repealing RCW

_5  47.01.051, 47.01.061, and 47.01.070; and providing an effective

_6  date.

_7  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_8      NEW SECTION. Sec. 1.  The legislature recognizes that more than

_9  four hundred sixty-eight governmental entities have authority for

10  transportation planning, funding, management, and construction in

11  Washington state.  The legislature also recognizes the need for and

12  importance of accountability and efficiency in state

13  government.  The legislature further recognizes that a lack of

14  governmental coordination among jurisdictions creates an inability

15  to provide an integrated transportation system.  Therefore, it is

16  the intent of the legislature to create a single point of

17  accountability at the state level to monitor and analyze the

18  performance of the state's transportation system and ensure that

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_1  statewide transportation benchmarks are achieved.  It is the further

_2  intent of the legislature to authorize the governor to appoint the

_3  secretary of transportation and establish a new transportation

_4  accountability commission, which will replace the Washington

_5  transportation commission.

_6      Sec. 2.  RCW 47.01.021 and 1977 ex.s. c 151 s 2 are each amended to

_7  read as follows:

_8      As used in this title unless the context indicates otherwise:

_9      (1) "Department" means the department of transportation created

10  in RCW 47.01.031;

11      (2) "Commission" means the transportation accountability

12  commission created in ((RCW 47.01.051)) section 4 of this act;

13      (3) "Secretary" means the secretary of transportation as

14  provided for in RCW 47.01.041.

15      NEW SECTION. Sec. 3.  A new section is added to chapter 47.01

16  RCW to read as follows:

17      The department has the following functions, powers, and duties:

18      (1) To propose policies to be adopted by the legislature

19  designed to assure the development and maintenance of a

20  comprehensive and balanced statewide transportation system that

21  will meet the needs of the people of this state for safe and

22  efficient transportation services.  Wherever appropriate the

23  policies will provide for the use of integrated, intermodal

24  transportation systems to implement the social, economic, and

25  environmental policies, goals, and objectives of the people of the

26  state, and especially to conserve nonrenewable natural resources

27  including land and energy.  To this end, the department shall:

28      (a) Develop transportation policies that are based on the

29  policies, goals, and objectives expressed and inherent in state

30  laws and the transportation accountability commission's

31  transportation benchmarks; and

32      (b) Inventory the adopted policies, goals, and objectives of

33  the local and areawide governmental bodies of the state and define

34  the role of the state, regional, and local governments in

35  determining transportation policies, in transportation planning,

36  and in implementing the state transportation plan.

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_1      (2) To prepare and submit a comprehensive and balanced

_2  statewide transportation plan to the legislative transportation

_3  committee and to the house and senate standing committees on

_4  transportation, that must be based on the transportation policy

_5  adopted by the legislature, the benchmarks adopted by the

_6  transportation accountability commission, and applicable state and

_7  federal laws.  The plan must take into account federal law and

_8  regulations relating to the planning, construction, and operation

_9  of transportation facilities.  The plan must be reviewed and revised

10  before each regular session of the legislature during an even-

11  numbered year.

12      (3) To establish the policy of the state on each of the

13  following items:

14      (a) To provide for the effective coordination of state

15  transportation planning with national transportation policy, state

16  and local land use policies, and local and regional transportation

17  plans and programs;

18      (b) To provide for public involvement in transportation

19  designed to elicit the public's views both with respect to

20  adequate transportation services and appropriate means of

21  minimizing adverse social, economic, environmental, and energy

22  impact of transportation programs;

23      (c) To integrate the statewide transportation plan with the

24  needs of the elderly and handicapped, and to coordinate federal

25  and state programs directed at assisting local governments to

26  answer those needs;

27      (d) To provide for the administration of grants in aid and

28  other financial assistance to counties and municipal corporations

29  for transportation purposes; and

30      (e) To provide for the management, sale, and lease of property

31  or property rights owned by the department that are not required

32  for transportation purposes.

33      (4) To approve and propose to the governor before the convening

34  of each regular session during an odd-numbered year a recommended

35  budget for the operation of the department and for carrying out

36  the program of the department for the ensuing biennium.  The

37  proposed budget must separately state the appropriations to be

38  made from the motor vehicle fund for highway purposes in

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_1  accordance with constitutional limitations and appropriations and

_2  expenditures to be made from the general fund, or accounts

_3  thereof, and other available sources for other operations of the

_4  department.

_5      (5) To approve the issuance and sale of all bonds authorized by

_6  the legislature for capital construction of state highways, toll

_7  facilities, Columbia Basin county roads (for which reimbursement

_8  to the motor vehicle fund has been provided), urban arterial

_9  projects, and aviation facilities.

10      (6) To adopt such rules and policy directives as may be

11  necessary to carry out reasonably and properly those functions

12  expressly vested in the department by statute.

13      NEW SECTION. Sec. 4.  A new section is added to chapter 47.01

14  RCW to read as follows:

15      The transportation accountability commission is created, to

16  consist of nine members appointed by the governor, with the

17  consent of the senate.  The seven members of the transportation

18  commission on the effective date of this act will serve as seven

19  initial members of the transportation accountability commission

20  until their terms of office as transportation commissioners

21  expire.  The additional two members of the transportation

22  accountability commission will be appointed for initial terms to

23  expire on June 30, 2006, and June 30, 2007.  Thereafter all terms

24  are for six years.  No elective state officer or state employee may

25  be a member of the commission, and not more than five members of

26  the commission may at the time of appointment or thereafter during

27  their respective terms of office be members of the same major

28  political party.  At the time of appointment or thereafter during

29  their respective terms of office, six members of the commission

30  must reside in the western part of the state and three members

31  must reside in the eastern part of the state as divided north and

32  south by the crest of the Cascade mountain range.  No more than two

33  members of the commission may reside in the same county.  The

34  governor may not remove commissioners from office before the

35  expiration of their terms unless for a disqualifying change of

36  residence or for cause based upon a determination of incapacity,

37  incompetence, neglect of duty, or malfeasance in office by the

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_1  Thurston county superior court, upon petition and show cause

_2  proceedings brought for that purpose in that court and directed to

_3  the commissioner in question.  No member may be appointed for more

_4  than two consecutive terms.

_5      NEW SECTION. Sec. 5.  A new section is added to chapter 47.01

_6  RCW to read as follows:

_7      The transportation accountability commission shall meet at such

_8  times as it deems advisable but at least once every month.  It may

_9  adopt its own rules and may establish its own procedures.  It shall

10  act collectively in harmony with recorded resolutions or motions

11  adopted by the majority vote of at least five members.  The

12  commission may employ an executive director and other staff as

13  necessary, and shall elect one of its members as the chair for a

14  term of one year.  The chair may vote on all matters before the

15  commission.

16      Each member of the commission will be compensated in accordance

17  with RCW 43.03.250 and reimbursed for actual necessary traveling

18  and other expenses in going to, attending, and returning from

19  meetings of the commission or that are incurred in the discharge

20  of duties requested by the chair.  However, in no event may a

21  commissioner be compensated in any year for more than one hundred

22  twenty days, except the chair of the commission may be compensated

23  for not more than one hundred fifty days.  Service on the commission

24  does not qualify as service credit for the purposes of a public

25  retirement system.

26      NEW SECTION. Sec. 6.  A new section is added to chapter 47.01

27  RCW to read as follows:

28      The transportation accountability commission shall serve as a

29  single, independent, statewide point of accountability for

30  reporting and monitoring the performance of an integrated

31  transportation system.  The commission has the following functions,

32  powers, and duties:

33      (1) Take responsibility for overseeing the attainment of

34  benchmarks adopted by the blue ribbon commission on transportation

35  on November 29, 2000, and make changes to current benchmarks or

36  set new transportation benchmarks when appropriate;

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_1      (2) Report annually to the governor and the legislature on:

_2      (a) Progress toward achieving reform and efficiencies;

_3      (b) Progress toward accomplishment of the legislature's adopted

_4  investment strategies; and

_5      (c) Policy proposals for furthering progress toward benchmarks

_6  and related transportation policies;

_7      (3) Review regional and integrated statewide transportation

_8  plans and budgets and advise local and state entities on whether

_9  those plans and budgets are consistent with statewide

10  transportation benchmarks;

11      (4) Monitor and report the efforts at the state, city, county,

12  and transit district levels on adopting leading edge

13  transportation strategies and achieving transportation benchmarks.

14      Sec. 7.  RCW 43.17.020 and 1995 1st sp.s. c 2 s 2 are each amended

15  to read as follows:

16      There shall be a chief executive officer of each department to

17  be known as:  (1) The secretary of social and health services, (2)

18  the director of ecology, (3) the director of labor and industries,

19  (4) the director of agriculture, (5) the director of fish and

20  wildlife, (6) the secretary of transportation, (7) the director of

21  licensing, (8) the director of general administration, (9) the

22  director of community, trade, and economic development, (10) the

23  director of veterans affairs, (11) the director of revenue, (12)

24  the director of retirement systems, (13) the secretary of

25  corrections, ((and)) (14) the secretary of health, and (15) the

26  director of financial institutions.

27      Such officers, except the ((secretary of transportation and

28  the)) director of fish and wildlife, shall be appointed by the

29  governor, with the consent of the senate, and hold office at the

30  pleasure of the governor.  ((The secretary of transportation shall

31  be appointed by the transportation commission as prescribed by RCW

32  47.01.041.)) The director of fish and wildlife shall be appointed

33  by the fish and wildlife commission as prescribed by RCW

34  77.04.055.

35     Sec. 8.  RCW 47.01.041 and 1983 1st ex.s. c 53 s 28 are each

36  amended to read as follows:

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_1      The executive head of the department of transportation shall be

_2  the secretary of transportation, who shall be appointed by the

_3  ((transportation commission, and)) governor with the consent of

_4  the senate.  The secretary shall be paid a salary to be fixed by the

_5  governor in accordance with the provisions of RCW 43.03.040.  The

_6  secretary ((shall be an ex officio member of the commission

_7  without a vote.  The secretary shall be the chief executive officer

_8  of the commission and be responsible to it, and shall be guided by

_9  policies established by it.  The secretary shall serve until removed

10  by the commission, but only for incapacity, incompetence, neglect

11  of duty, malfeasance in office, or failure to carry out the

12  commission's policies.  Before a motion for dismissal shall be acted

13  on by the commission, the secretary shall be granted a hearing on

14  formal written charges before the full commission.  An action by the

15  commission to remove the secretary shall be final)) serves at the

16  pleasure of the governor.

17      Sec. 9.  RCW 47.01.101 and 1987 c 505 s 48 and 1987 c 179 s 1 are

18  each reenacted and amended to read as follows:

19      The secretary shall have the authority and it shall be his or

20  her duty, subject to policy guidance from the ((commission))

21  governor:

22      (1) To serve as chief executive officer of the department with

23  full administrative authority to direct all its activities;

24      (2) To organize the department as he or she may deem necessary

25  to carry out the work and responsibilities of the department

26  effectively;

27      (3) To designate and establish such transportation district or

28  branch offices as may be necessary or convenient, and to appoint

29  assistants and delegate any powers, duties, and functions to them

30  or any officer or employee of the department as deemed necessary

31  to administer the department efficiently;

32      (4) To direct and coordinate the programs of the various

33  divisions of the department to assure that they achieve the

34  greatest possible mutual benefit, produce a balanced overall

35  effort, and eliminate unnecessary duplication of activity;

36      (5) To adopt all department rules that are subject to the

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_1  adoption procedures contained in the state Administrative Procedure

_2  Act((, except rules subject to adoption by the commission pursuant

_3  to statute));

_4      (6) To maintain and safeguard the official records of the

_5  department((, including the commission's recorded resolutions and

_6  orders));

_7      (7) ((To provide full staff support to the commission to assist

_8  it in carrying out its functions, powers, and duties and to

_9  execute the policy established by the commission pursuant to its

10  legislative authority;

11      (8))) To execute and implement the biennial operating budget

12  for the operation of the department in accordance with chapter

13  43.88 RCW and with legislative appropriation and, in such manner

14  as prescribed therein, to make and report to the ((commission))

15  governor and the chairs of the transportation committees of the

16  senate and house of representatives, including one copy to the

17  staff of each of the committees, deviations from the planned

18  biennial category A and H highway construction programs necessary

19  to adjust to unexpected delays or other unanticipated

20  circumstances((.));

21      (((9))) (8) To exercise all other powers and perform all other

22  duties as are now or hereafter provided by law.

23      NEW SECTION. Sec. 10.  A new section is added to chapter 47.01

24  RCW to read as follows:

25      All references in the Revised Code of Washington to the

26  transportation commission that assign committee membership, or

27  administrative or policy-making authority, are transferred to the

28  secretary of transportation.

29      NEW SECTION. Sec. 11.  The following acts or parts of acts are each

30  repealed:

31 (1) RCW 47.01.051 (Commission created‑-Appointment of members‑-

32  Terms‑-Qualifications‑-Removal) and 1977 ex.s. c 151 s 5;

33 (2) RCW 47.01.061 (Commission‑-Procedures and internal operations)

34  and 1987 c 364 s 2, 1984 c 287 s 94, 1983 1st ex.s. c 53 s 29,

35  1981 c 59 s 1, & 1977 ex.s. c 151 s 6; and

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_1 (3) RCW 47.01.070 (Director's and commissioner's prior assignments

_2  may be delegated) and 1977 ex.s. c 151 s 27 & 1961 c 13 s

_3  47.01.070.

_4      NEW SECTION. Sec. 12.  This act takes effect July 1, 2002.

‑‑‑ END ‑‑‑

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