Z‑0756.1 _____________________________________________
SENATE BILL 5755
_____________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senators Horn, Haugen, Winsley, McAuliffe and Oke; by request of The Blue Ribbon Commission on Transportation
Read first time 02/01/2001. 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.
SB 5755 p. 2
_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
_2 Procedure Act((, except rules subject to
adoption by the
_3 commission pursuant 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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