BILL REQ. #:  H-0607.1 

Prefiled 01/08/09. Read first time 01/12/09.   Referred to Committee on Transportation.

     AN ACT Relating to creating a Washington state ferries commission; amending RCW 47.60.005; adding new sections to chapter 47.60 RCW; and providing an effective date.

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

Sec. 1   RCW 47.60.005 and 2008 c 124 s 1 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Adaptive management" means a systematic process for continually improving management policies and practices by learning from the outcomes of operational programs.
     (2) "Capital plan" means the state ferry system plan developed by the department as described in RCW 47.06.050(2), reviewed by the commission, and reported to the transportation committees of the legislature by the commission.
     (3) "Capital project" has the same meaning as used in budget instructions developed by the office of financial management.
     (4) "Commission" means the ((transportation)) Washington state ferries commission created in ((RCW 47.01.051)) section 2 of this act.
     (5) "Improvement project" has the same meaning as in the budget instructions developed by the office of financial management. If the budget instructions do not define improvement project, then it has the same meaning as "program project" in the budget instructions. If a project meets both the improvement project and preservation project definitions in this section it must be defined as an improvement project. New vessel acquisitions must be defined as improvement projects.
     (6) "Life-cycle cost model" means that portion of a capital asset inventory system which, among other things, is used to estimate future preservation needs.
     (7) "Maintenance cost" has the same meaning as used in budget instructions developed by the office of financial management.
     (8) "Preservation project" has the same meaning as used in budget instructions developed by the office of financial management.
     (9) "Route" means all ferry sailings from one location to another, such as the Seattle to Bainbridge route or the Port Townsend to Keystone route.
     (10) "Sailing" means an individual ferry sailing for a specific route, such as the 5:00 p.m. sailing from Seattle to Bremerton.
     (11) "Travel shed" means one or more ferry routes with distinct characteristics as determined by the department.

NEW SECTION.  Sec. 2   A new section is added to chapter 47.60 RCW to read as follows:
     (1) The Washington state ferries commission is created and shall consist of eleven voting members, one appointed by the ferry advisory committee or committees of each of the eight counties with a ferry advisory committee or committees, and three appointed by the governor, with the consent of the senate.
     (2) The president of the senate shall appoint two members of the senate from counties containing a ferry advisory committee or committees to serve as nonvoting members of the commission.
     (3) The speaker of the house of representatives shall appoint two members of the house of representatives from counties containing a ferry advisory committee or committees to serve as nonvoting members of the commission.
     (4) All terms shall be for four years, with the exception of five initial terms of voting members. The voting members of the commission shall determine the five members that will serve initial terms of two years.
     (5) No elective state official, state officer, or state employee shall be a voting member of the commission.
     (6) No more than two voting members of the commission shall reside in the same county.
     (7) Members may be removed from office by the governor before the expiration of their terms for cause. No member shall be appointed for more than two consecutive terms.

NEW SECTION.  Sec. 3   A new section is added to chapter 47.60 RCW to read as follows:
     (1) The commission shall meet at times it deems advisable but at least on a quarterly basis with meetings to be held in different counties containing a ferry advisory committee or committees. The commission may adopt its own rules and establish its own procedures. The commission shall act collectively in harmony with recorded resolutions or motions adopted by a majority vote of at least six members. The commission may appoint an executive director, and shall elect one of its members chair for a term of one year. The chair may vote on all matters before the commission. The commission may retain planners, consultants, and other technical personnel to advise it in the performance of its duties.
     (2) The commission shall submit to each regular session of the legislature held in an odd-numbered year its own budget proposal necessary for the commission's operations separate from that proposed for the department.
     (3) Each member of the commission shall be compensated in accordance with RCW 43.03.250 and shall be reimbursed for actual necessary traveling and other expenses in going to, attending, and returning from meetings of the commission, and actual and necessary traveling and other expenses incurred in the discharge of such duties as may be requested by a majority vote of the commission or by the secretary of transportation, but the entire commission membership shall not be compensated for more than one thousand two hundred thirty days combined. Service on the commission shall not be considered as service credit for the purposes of any public retirement system.
     (4) Each member of the commission shall disclose any actual or potential conflict of interest, if applicable under the circumstance, regarding any commission business.

NEW SECTION.  Sec. 4   This act takes effect August 1, 2009.