BILL REQ. #:  S-1769.2 

READ FIRST TIME 02/27/03.   

     AN ACT Relating to coordination of local transportation boards; amending RCW 36.78.060, 36.78.070, 36.78.110, 47.26.121, and 47.26.140; adding a new chapter to Title 47 RCW; creating a new section; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   INTENT. The legislature finds that transportation is of critical importance to the economic health of the state of Washington, and to the quality of life of its citizens. Congestion on state highways, county roads, and city streets has reached unprecedented proportions in several parts of the state, some roads and bridges are in poor condition and need improvement, and the revenues that state and local governments have traditionally used to fund projects are declining.
     The legislature further finds that an integrated transportation system is a necessity and recommends that streamlined operations and agency efficiencies be accomplished whenever possible.
     Therefore, it is the legislature's intent to create a local boards coordinated program that efficiently combines the staff and local technical services of the transportation improvement board and the county road administration board. To provide leadership for the coordinated program, the legislature creates a local boards coordinating committee comprised of the secretary, or a designee, and two executive members of each board.
     The coordinated committee and program executive director will take advantage of the technical, electronic, and process advancements of both boards; ensure that projects, funding, and programs currently in process are not adversely affected; and identify and pursue innovations that may emerge through the transition process.
     The legislature recognizes that the transportation improvement board and county road administration board provide innovative solutions to increasing funding challenges faced by local transportation agencies. The boards and their respective programs and services are retained in full and strengthened by a single staff that provides one-stop technical and grant services to local customers.

NEW SECTION.  Sec. 2   DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Committee" means the local boards coordinating committee created in section 3 of this act.
     (2) "Coordinated program" means the executive director, assets, property, facilities, and staff services under the direction and authority of the local boards coordinating committee.
     (3) "Boards" means the transportation improvement board and the county road administration board.

NEW SECTION.  Sec. 3   LOCAL BOARDS COORDINATING COMMITTEE AND EXECUTIVE DIRECTOR. (1) The local boards coordinating committee is created.
     (2) The committee consists of the chair and vice-chair of the transportation improvement board, the chair and vice-chair of the county road administration board, and the secretary of the department of transportation or the secretary's designee. The secretary or designee has no vote except when necessary to break a tie in a vote to adopt rules or establish procedures for the coordinating committee or its coordinated program.
     (3) The committee shall meet periodically. It may adopt its own bylaws and establish its own procedures. With the permission of the boards, it may adopt rules related to the administration of the coordinated program. It shall act collectively in harmony with recorded resolutions or motions adopted by a majority vote of the members.
     (4)(a) Before July 1, 2003, the governor, with the consent of the senate, shall appoint the first executive director for the committee. The state committee on agency officials' salaries shall set the salary of the first executive director under RCW 43.03.028 and 43.03.040. The first executive director may be removed (i) by a majority vote of both boards, or (ii) by the governor for cause based upon a determination of incapacity, incompetence, neglect of duty, of malfeasance in office by the Thurston county superior court, upon petition and show cause proceedings brought for that purpose in that court.
     (b) The committee shall employ and set the salary of subsequent executive directors, who serve at the pleasure of the committee.
     (c) After July 1, 2003, the executive director may employ additional staff on behalf of the committee, as the executive director deems appropriate. The executive director's salary is paid from the transportation improvement account, urban arterial trust account, motor vehicle account, rural arterial trust account, and county arterial preservation account in apportionments determined by the committee.

NEW SECTION.  Sec. 4   COMPENSATION--RECORDS. (1) Each member of the committee will be compensated from the appropriations for the coordinated program in accordance with RCW 43.03.250 and reimbursed for actual necessary traveling and other expenses in going to, attending, and returning from meetings of the committee or that are incurred in the discharge of duties of the committee. However, in no event may a committee member be compensated in any year for more than one hundred twenty days. Service on the committee does not qualify as a service credit for the purposes of a public retirement system.
     (2) The committee shall keep proper records and is subject to audit by the state auditor or other auditing entities.

NEW SECTION.  Sec. 5   COMMITTEE DUTIES AND POWERS. (1) The committee shall provide staff for all existing and statutorily required programs and services of the boards. The committee shall provide staff services to the boards.
     (2) Costs of the coordinated program associated with transportation improvement board services and programs must be paid from the transportation improvement account and urban arterial trust account appropriations to the committee.
     (3) Costs of the coordinated program associated with county road administration board services and programs must be paid from the county arterial preservation account, rural arterial trust account, and the motor vehicle account appropriations to the committee.
     (4) The committee shall provide an accounting of allocation of administrative expenses, for prior fiscal year costs, by program and fund to the office of financial management and the legislative transportation committee by September 30th of each year.

NEW SECTION.  Sec. 6   TRANSFER OF STAFF AND ASSETS. (1) The coordinated program executive director shall oversee all staff, facilities, property, and assets transferred from the boards to the coordinated program.
     (2) All staff as necessary, facilities, property, and tangible and intangible assets of the boards are transferred to the coordinated program.
     (3)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the boards must be delivered to the custody of the coordinated program. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the boards in carrying out their powers, functions, and duties must be made available to the coordinated program.
     (b) Administrative appropriations made to the boards for carrying out their powers, functions, and duties must be transferred and credited to the coordinated program.
     (c) Whenever any question arises as to the transfer of personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions of the boards, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (4) All employees of the boards engaged in performing the powers, functions, and duties of the boards are, as necessary, transferred to the jurisdiction of the coordinated program. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned, as necessary, to the coordinated program to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
     (5) All existing contracts and obligations remain in full force and must be performed by the boards through the coordinated program.
     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

Sec. 7   RCW 36.78.060 and 1990 c 266 s 1 are each amended to read as follows:
     The county road administration board ((shall appoint an executive director who shall be the chief administrative officer of the board and shall be responsible for carrying out the policies adopted by the board. The executive director is exempt from the provisions of state civil service law, chapter 41.06 RCW, and shall serve at the pleasure of the county road administration board. The executive director's salary shall be set by the board)) will receive staff services from the local boards coordinating committee. Costs associated with staff, together with travel expenses in accordance with RCW 43.03.050 and 43.03.060, must be paid from the county arterial preservation account, rural arterial trust account, and the motor vehicle account as determined by the biennial appropriation.

Sec. 8   RCW 36.78.070 and 1999 c 269 s 1 are each amended to read as follows:
     The county road administration board shall:
     (1) Establish by rule, standards of good practice for the administration of county roads and the efficient movement of people and goods over county roads;
     (2) Establish reporting requirements for counties with respect to the standards of good practice adopted by the board;
     (3) Receive and review reports from counties and reports from ((its)) the coordinated program executive director to determine compliance with legislative directives and the standards of good practice adopted by the board;
     (4) Advise counties on issues relating to county roads and the safe and efficient movement of people and goods over county roads and assist counties in developing uniform and efficient transportation-related information technology resources;
     (5) Report annually before the fifteenth day of January, and throughout the year as appropriate, to the state department of transportation and to the chairs of the legislative transportation committee and the house and senate transportation committees, and to other entities as appropriate on the status of county road administration in each county, including one copy to the staff of each of the committees. The annual report shall contain recommendations for improving administration of the county road programs;
     (6) Administer the rural arterial program established by chapter 36.79 RCW and the program funded by the county arterial preservation account established by RCW 46.68.090, as well as any other programs provided for in law.

Sec. 9   RCW 36.78.110 and 1990 c 266 s 3 are each amended to read as follows:
     ((All)) Expenses incurred by the board including salaries of coordinated program employees providing staff services to the board, shall be paid upon voucher forms provided by the office of financial management or pursuant to a regular payroll signed by the chairman and the executive director of the ((board. All)) coordinated program. Expenses of the board shall be paid out of that portion of the motor vehicle fund allocated to the counties and withheld for use by the department of transportation and the county road administration board under the provisions of RCW 46.68.120(1), as now or hereafter amended.

Sec. 10   RCW 47.26.121 and 1996 c 49 s 1 are each amended to read as follows:
     (1) ((There is hereby created a)) The transportation improvement board of ((twenty-one)) seventeen members is created, ((six)) five of whom shall be county members and six of whom shall be city members. The remaining members shall be: (a) One representative appointed by the governor who shall be a state employee with responsibility for transportation policy, planning, or funding; (b) ((two)) one representative((s)) from the department of transportation; (c) ((two)) one representative((s)) of public transit systems; (d) ((a private sector representative; (e))) a member representing the ports; (((f))) (e) a member representing nonmotorized transportation; and (((g))) (f) a member representing special needs transportation.
     (2) Of the county members of the board, one shall be a county engineer or public works director; ((one shall be the executive director of the county road administration board;)) one shall be a county planning director or planning manager; one shall be a county executive, councilmember, or commissioner from a county with a population of one hundred twenty-five thousand or more; one shall be a county executive, councilmember, or commissioner of a county who serves on the board of a public transit system; and one shall be a county executive, councilmember, or commissioner from a county with a population of less than one hundred twenty-five thousand. All county members of the board((, except the executive director of the county road administration board, shall)) must be appointed. Not more than one county member of the board shall be from any one county. No more than two of the three county-elected officials may represent counties located in either the eastern or western part of the state as divided north and south by the summit of the Cascade mountains.
     (3) Of the city members of the board one shall be a chief city engineer, public works director, or other city employee with responsibility for public works activities, of a city with a population of twenty thousand or more; one shall be a chief city engineer, public works director, or other city employee with responsibility for public works activities, of a city of less than twenty thousand population; one shall be a city planning director or planning manager; one shall be a mayor, commissioner, or city councilmember of a city with a population of twenty thousand or more; one shall be a mayor, commissioner, or city councilmember of a city who serves on the board of a public transit system; and one shall be a mayor, commissioner, or councilmember of a city of less than twenty thousand population. All of the city members shall be appointed. Not more than one city member of the board shall be from any one city. No more than two of the three city-elected officials may represent cities located in either the eastern or western part of the state as divided north and south by the summit of the Cascade mountains.
     (4) ((Of)) The transit member((s, at least one shall)) must be a general manager, executive director, or transit director of a public transit system ((in an urban area with a population over two hundred thousand and at least one representative from a rural or small urban transit system in an area with a population less than two hundred thousand)).
     (5) ((The private sector member shall be a citizen with business, management, and transportation related experience and shall be active in a business community-based transportation organization.
     (6))) The port member shall be a commissioner or senior staff person of a public port.
     (((7))) (6) The nonmotorized transportation member shall be a citizen with a demonstrated interest and involvement with a nonmotorized transportation group.
     (((8))) (7) The specialized transportation member shall be a citizen with a demonstrated interest and involvement with a statewide specialized needs transportation group.
     (((9))) (8) Appointments of county, city, Washington department of transportation, transit, port, nonmotorized transportation, and special needs transportation((, and private sector)) representatives shall be made by the secretary of the department of transportation. Appointees shall be chosen from a list of two persons for each position nominated by the Washington state association of counties for county members, the association of Washington cities for city members, the Washington state transit association for the transit members, and the Washington public ports association for the port member. The ((private sector,)) nonmotorized transportation((,)) and special needs members shall be sought through classified advertisements in selected newspapers collectively serving all urban areas of the state, and other appropriate means. Persons applying for the ((private sector,)) nonmotorized transportation((,)) or special needs transportation member position must provide a letter of interest and a resume to the secretary of the department of transportation. In the case of a vacancy, the appointment shall be only for the remainder of the unexpired term in which the vacancy has occurred. A vacancy shall be deemed to have occurred on the board when any member elected to public office completes that term of office or is removed therefrom for any reason or when any member employed by a political subdivision terminates such employment for whatsoever reason or when a ((private sector,)) nonmotorized transportation((,)) or special needs transportation member resigns or is unable or unwilling to serve.
     (((10))) (9) Appointments shall be for terms of four years. Terms of all appointed members shall expire on June 30th of even-numbered years. The initial term of appointed members may be for less than four years. No appointed member may serve more than two consecutive four-year terms.
     (((11))) (10) The board shall elect a chair from among its members for a two-year term.
     (((12))) (11) Expenses of the board shall be paid in accordance with RCW 47.26.140.
     (((13))) (12) For purposes of this section, "public transit system" means a city-owned transit system, county transportation authority, metropolitan municipal corporation, public transportation benefit area, or regional transit authority.

Sec. 11   RCW 47.26.140 and 1999 c 94 s 19 are each amended to read as follows:
     The transportation improvement board ((shall appoint an executive director, who shall serve at its pleasure and whose salary shall be set by the board, and may employ additional staff as it deems appropriate. All)) will receive staff services from the local boards coordinating committee. Costs associated with staff, together with travel expenses in accordance with RCW 43.03.050 and 43.03.060, shall be paid from the urban arterial trust account, ((public transportation systems account,)) and the transportation improvement account in the motor vehicle fund as determined by the biennial appropriation.

NEW SECTION.  Sec. 12   The committee and its executive director shall develop a plan to implement section 1 of this act. The plan must be submitted to the senate and house of representatives transportation committees no later than December 31, 2003.
     The plan must include steps to ensure that the coordinated program takes advantage of the technical, electronic, and process advancements of the boards; ensures that projects, funding, and programs currently in process are not adversely affected through the transition; identifies and pursues innovations that may emerge through the transition process; and uses other items essential to the transition process. The plan must address the following elements: A timeline for implementing section 1 of this act, colocation of staff and facilities, reorganization of staff, possible elimination of services or programs, merging of business systems, moving of assets and facilities, organizational consulting, budget and appropriation requests, performance measures, and a process for development of a strategic plan.

NEW SECTION.  Sec. 13   Sections 1 through 6 of this act constitute a new chapter in Title 47 RCW.

NEW SECTION.  Sec. 14   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. Section 3 of this act takes effect immediately. All other sections of this act take effect July 1, 2003.