2736-S AMH MURR H5100.1

SHB 2736 - H AMD 1021

By Representative Murray

ADOPTED 02/16/2004

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature recognizes the need to streamline governance of the transportation system in order to increase efficiency and accountability to the people it serves. The legislature intends to create a single point of accountability for the performance of the state department of transportation by making management of the department directly accountable to the governor.

The legislature also desires to further streamline governance structures. A bipartisan, bicameral review and analysis of the current duties and responsibilities of the transportation commission must be conducted to determine where these functions are best carried out.

NEW SECTION. Sec. 2. A bicameral, bipartisan review panel shall conduct a review and analysis of the statutory duties, roles, functions, and responsibilities of the transportation commission. The review panel must make recommendations for the disposition of these duties, roles, functions, and responsibilities, assuming the transportation commission is dissolved. In making its recommendations, the review panel must, at a minimum, consider the proper separation of powers between the executive and legislative branches of government.

The review panel is comprised of eight legislators, with equal representation from each house and each major political caucus. The chairpersons and ranking minority members of the house and senate transportation committees shall make appointments from their respective caucuses. The review panel must complete its analysis and forward its recommendations to the house of representatives and the senate by December 3, 2004.

Sec. 3. RCW 47.01.041 and 1983 1st ex.s. c 53 s 28 are each amended to read as follows:

The executive head of the department of transportation shall be the secretary of transportation, who shall be appointed by the ((transportation commission, and)) governor. The appointment of the secretary must be confirmed by the senate. The secretary shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. ((The secretary shall be an ex officio member of the commission without a vote. The secretary shall be the chief executive officer of the commission and be responsible to it, and shall be guided by policies established by it.)) The secretary shall serve ((until removed by the commission, but only for incapacity, incompetence, neglect of duty, malfeasance in office, or failure to carry out the commission's policies. Before a motion for dismissal shall be acted on by the commission, the secretary shall be granted a hearing on formal written charges before the full commission. An action by the commission to remove the secretary shall be final)) at the pleasure of the governor.

Sec. 4. RCW 43.17.020 and 1995 1st sp.s. c 2 s 2 are each amended to read as follows:

There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9) the director of community, trade, and economic development, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, ((and)) (14) the secretary of health, and (15) the director of financial institutions.

Such officers, except the ((secretary of transportation and the)) director of fish and wildlife, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. ((The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041.)) The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.

NEW SECTION. Sec. 5. The following acts or parts of acts are each repealed:

(1) RCW 47.01.051 (Commission created--Appointment of members--Terms--Qualifications--Removal) and 1977 ex.s. c 151 s 5; and

(2) RCW 47.01.071 (Commission--Functions, powers, and duties) and 1981 c 59 s 2, 1980 c 87 s 45, & 1977 ex.s. c 151 s 7.

NEW SECTION. Sec. 6. Section 5 of this act takes effect October 1, 2005."

Correct the title.

EFFECT: The Secretary of Transportation is appointed by the Governor. A bipartisan review panel is directed to make recommendations on the disposition of the duties, functions, and responsibilities of the Transportation Commission. The recommendations must be submitted to the House and Senate by December 3, 2004. The Transportation Commission would be dissolved in October 2005.

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