BILL REQ. #: S-1769.2
State of Washington | 58th Legislature | 2003 Regular Session |
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
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
(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
(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
(2) The committee shall keep proper records and is subject to audit
by the state auditor or other auditing entities.
NEW SECTION. Sec. 5
(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
(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.)) The port member shall be a commissioner or senior staff
person of a public port.
(6)
(((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
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.