Passed by the Senate March 3, 2009 YEAS 46   ________________________________________ President of the Senate Passed by the House April 1, 2009 YEAS 95   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5437 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 02/05/09.
AN ACT Relating to the state conservation commission; and amending RCW 89.08.040, 89.08.050, and 89.08.070.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 89.08.040 and 1984 c 287 s 112 are each amended to
read as follows:
Members shall be compensated in accordance with RCW ((43.03.240))
43.03.250 and shall be entitled to travel expenses in accordance with
RCW 43.03.050 and 43.03.060 incurred in the discharge of their duties.
The commission shall keep a record of its official actions, shall
adopt a seal, which shall be judicially noticed, and may perform such
acts, hold such public hearings, and ((promulgate)) adopt such rules
((and regulations)) as may be necessary for the execution of its
functions under chapter 184, Laws of 1973 1st ex. sess. The state
department of ecology is empowered to pay the travel expenses of the
elected and appointed members of the state conservation commission, and
the salaries, wages and other expenses of such administrative officers
or other employees as may be required under the provisions of this
chapter.
Sec. 2 RCW 89.08.050 and 1973 1st ex.s. c 184 s 6 are each
amended to read as follows:
The commission may employ an administrative officer, and such
technical experts and such other agents and employees, permanent and
temporary as it may require, and shall determine their qualifications,
duties, and compensation. The commission may call upon the attorney
general for such legal services as it may require.
It shall have authority to delegate to its ((chairman)) chair, to
one or more of its members, to one or more agents or employees such
duties and powers as it deems proper. ((It)) As long as the commission
and the office of financial management under the provisions of chapter
43.82 RCW deems it appropriate and financially justifiable to do so,
the commission shall be supplied with suitable office accommodations at
the central office of the department of ecology, and shall be furnished
the necessary supplies and equipment.
The commission shall organize annually and select a ((chairman))
chair from among its members, who shall serve for one year from the
date of ((his)) the chair's selection. A majority of the commission
shall constitute a quorum and all actions of the commission shall be by
a majority vote of the members present and voting at a meeting at which
a quorum is present.
Sec. 3 RCW 89.08.070 and 1973 1st ex.s. c 184 s 8 are each
amended to read as follows:
In addition to the duties and powers hereinafter conferred upon the
commission, it shall have the following duties and powers:
(1) To offer such assistance as may be appropriate to the
supervisors of conservation districts organized under the provisions of
chapter 184, Laws of 1973 1st ex. sess., in the carrying out of any of
their powers and programs:
(a) To assist and guide districts in the preparation and carrying
out of programs for resource conservation authorized under chapter 184,
Laws of 1973 1st ex. sess.;
(b) To review district programs;
(c) To coordinate the programs of the several districts and resolve
any conflicts in such programs;
(d) To facilitate, promote, assist, harmonize, coordinate, and
guide the resource conservation programs and activities of districts as
they relate to other special purpose districts, counties, and other
public agencies.
(2) To keep the supervisors of each of the several conservation
districts organized under the provisions of chapter 184, Laws of 1973
1st ex. sess. informed of the activities and experience of all other
districts organized hereunder, and to facilitate an interchange of
advice and experience between such districts and cooperation between
them.
(3) To review agreements, or forms of agreements, proposed to be
entered into by districts with other districts or with any state,
federal, interstate, or other public or private agency, organization,
or individual, and advise the districts concerning such agreements or
forms of agreements.
(4) To secure the cooperation and assistance of the United States
and any of its agencies, and of agencies of this state in the work of
such districts.
(5) To recommend the inclusion in annual and longer term budgets
and appropriation legislation of the state of Washington of funds
necessary for appropriation by the legislature to finance the
activities of the commission and the conservation districts; to
administer the provisions of any law hereinafter enacted by the
legislature appropriating funds for expenditure in connection with the
activities of conservation districts; to distribute to conservation
districts funds, equipment, supplies and services received by the
commission for that purpose from any source, subject to such conditions
as shall be made applicable thereto in any state or federal statute or
local ordinance making available such funds, property or services; to
((issue regulations)) adopt rules establishing guidelines and suitable
controls to govern the use by conservation districts of such funds,
property and services; and to review all budgets, administrative
procedures and operations of such districts and advise the districts
concerning their conformance with applicable laws and ((regulations))
rules.
(6) To encourage the cooperation and collaboration of state,
federal, regional, interstate and local public and private agencies
with the conservation districts, and facilitate arrangements under
which the conservation districts may serve county governing bodies and
other agencies as their local operating agencies in the administration
of any activity concerned with the conservation of renewable natural
resources.
(7) To disseminate information throughout the state concerning the
activities and programs of the conservation districts organized
hereunder, and to encourage the formation of such districts in areas
where their organization is desirable; to make available information
concerning the needs and the work of the conservation district and the
commission to the governor, the legislature, executive agencies of the
government of this state, political subdivisions of this state,
cooperating federal agencies, and the general public.
(8) Pursuant to procedures developed mutually by the commission and
other state and local agencies that are authorized to plan or
administer activities significantly affecting the conservation of
renewable natural resources, to receive from such agencies for review
and comment suitable descriptions of their plans, programs and
activities for purposes of coordination with district conservation
programs; to arrange for and participate in conferences necessary to
avoid conflict among such plans and programs, to call attention to
omissions, and to avoid duplication of effort.
(9) To compile information and make studies, summaries and analysis
of district programs in relation to each other and to other resource
conservation programs on a statewide basis.
(10) To assist conservation districts in obtaining legal services
from state and local legal officers.
(11) To require annual reports from conservation districts, the
form and content of which shall be developed by the commission.
(12) To establish by ((regulations)) rule, with the assistance and
advice of the state auditor's office, adequate and reasonably uniform
accounting and auditing procedures which shall be used by conservation
districts.
(13) To seek and accept grants from any source, public or private,
to fulfill the purposes of the agency. The commission may also accept
gifts or endowments that are made from time to time, in trust or
otherwise, including real and personal property, for the use and
benefit consistent with the purposes of this chapter.
(14) To conduct conferences, seminars, and training sessions
consistent with the purposes of this chapter, and may accept grants,
gifts, and contributions, and may contract for services, to accomplish
these activities. The commission may recover costs for these
activities, whether the activity is sponsored or cosponsored by the
commission, at a rate determined by the commission. The commission may
provide reimbursement to participants in these activities and other
commission sponsored meetings and events, as appropriate and approved
by the commission, consistent with applicable statutes. The commission
may provide meals for participants in working meetings.
(15) To adopt rules to implement this section as it deems
appropriate.