NOTICE: Formatting and page numbering in this document may be different
from that in the original published version.
SECOND DAY
------------
MORNING SESSION
------------
Senate Chamber, Olympia, Tuesday, May 18, 1999
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senator Finkbeiner. On motion of Senator Deccio, Senator Finkbeiner was excused.
The Sergeant at Arms Color Guard consisting of Pages John Baxter and Nathanael Shoemaker, presented the Colors. Reverend Doug Dornhecker, pastor of the First Christian Church of Olympia, offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
INTRODUCTION AND FIRST READING
SB 6110 by Senator Prentice
AN ACT Relating to timing of the presidential primary; and amending RCW 29.19.020.
Referred to Committee on State and Local Government.
MOTION
At 10:07 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 4:18 p.m. by President Owen.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGES FROM THE HOUSE
May 18, 1999
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1125 and the same is herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
May 18, 1999
MR. PRESIDENT:
The House has passed HOUSE BILL NO. 1203, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 6111 by Senators Roach and Goings
AN ACT Relating to collaborative processes on issues regarding hydroelectric licensing; adding a new section to chapter 43.330 RCW; creating a new section; and making appropriations.
Referred to Committee on Energy, Technology and Telecommunications.
SB 6112 by Senator Horn
AN ACT Relating to requirements for operating a motorcycle on Washington highways; amending RCW 46.20.505, 46.20.515, and 46.30.020; d adding a new section to chapter 82.12 RCW.
Referred to Committee on Transportation.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
ESHB 1125 by House Committee on Transportation (originally sponsored by Representatives Fisher, K. Schmidt, Radcliff, O'Brien, Fortunato, Eickmeyer, Hankins, Cooper, Murray, Wood and Mitchell) (by request of Governor Locke)
Funding transportation.
HB 1203 by Representatives Pflug, Hurst, Mitchell, Miloscia, Fortunato, Stensen and Cairnes
Authorizing state highway bonds.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, Engrossed Substitute House Bill No 1125 and House Bill No. 1203 were advanced to second reading and placed on second reading calendar.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Snyder, the following resolution was adopted:
SENATE RESOLUTION 1999-8689
By Senators Snyder and Hargrove
WHEREAS, The Aberdeen Elks Band #593 was formed in 1920, and has remained an active organization since that time; and
WHEREAS, The all-volunteer B.P.O.E. organization was named “The National Elks Band” in 1973, at the Grand Lodge Convention in Chicago; and
WHEREAS, The fifty five member Aberdeen Band has represented Aberdeen and the state of Washington at Grand Lodge Conventions in New Orleans, Las Vegas, Honolulu, Houston, St. Louis, Portland, and Seattle; and
WHEREAS, The band was awarded the Elks Grand Lodge Award for its participation in fund raising concerts for the Statue of Liberty restoration; and
WHEREAS, The band boasts membership from not only Grays Harbor residents, but also Raymond and Olympia, all commuting weekly to Aberdeen meetings; and
WHEREAS, The age of its members ranges from twenty-four to eighty-eight years of age, with an average tenure of twenty-five years; and
WHEREAS, The band has been under the accomplished direction of Craig Wellington, a forty year member of the band, since he assumed the baton in 1981, from Donald McCaw, who led the band for more than thirty years; and
WHEREAS, The band is best known for its annual, standing-room-only Flag Day concerts at the historic Seventh Street Theatre in Hoquiam;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate proudly acknowledges the civic-minded dedication and musical accomplishments of the Aberdeen Elks Band and encourages everyone to attend and enjoy the band’s Flag Day concert this year at 3 p.m. on Sunday, June 13.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.
MOTION
On motion of Senator Honeyford, Senator Deccio was excused.
MOTION
On motion of Senator Franklin, Senator Shin was excused.
SECOND READING
HOUSE BILL NO. 1203, by Representatives Pflug, Hurst, Mitchell, Miloscia, Fortunato, Stensen and Cairnes
Authorizing state highway bonds.
The bill was read the second time.
MOTION
On motion of Senator Eide, the rules were suspended, House Bill No. 1203 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1203.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1203 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45. Voting nay: Senator Heavey - 1.
Excused: Senators Deccio, Finkbeiner and Shin - 3.
HOUSE BILL NO. 1203, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 4:45 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 5:27 p.m. by President Owen.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1125, by House Committee on Transportation (originally sponsored by Representatives Fisher, K. Schmidt, Radcliff, O'Brien, Fortunato, Eickmeyer, Hankins, Cooper, Murray, Wood and Mitchell) (by request of Governor Locke)
Funding transportation.
The bill was read the second time.
MOTION
Senator Haugen moved that the following striking amendment by Senators Haugen, Tim Sheldon and Gardner be adopted:Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The transportation budget of the state is hereby adopted and, subject to the provisions hereinafter set forth, the several amounts hereinafter specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds hereinafter named to the designated state agencies and offices for employee compensation and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 2001.
(2) Legislation with fiscal impacts enacted in the 1997 or 1998 legislative session not assumed in this act are not funded in the 1997-99 transportation budget.
(3) Legislation with fiscal impacts enacted in the 1999 legislative session not assumed in this act are not funded in the 1999-01 transportation budget.
(4) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this act.
(a) "Fiscal year 2000" or "FY 2000" means the fiscal year ending June 30, 2000.
(b) "Fiscal year 2001" or "FY 2001" means the fiscal year ending June 30, 2001.
(c) "FTE" means full-time equivalent.
(d) "Lapse" or "revert" means the amount shall return to an unappropriated status.
(e) "Provided solely" means the specified amount may be spent only for the specified purpose.
(f) "Performance-based budgeting" means a budget that bases resource needs on quantified outcomes and results expected from use of the total appropriation. "Performance-based budgeting" does not mean incremental budgeting that focuses on justifying changes from the historic budget or to line-item input-driven budgets.
(g) "Goals" means the statements of purpose that identify a desired result or outcome. The statements shall be realistic, achievable, directive, assignable, evaluative, and logically linked to the agency's mission and statutory mandate.
(h) "Strategic plan" means the strategies agencies create for investment choices in the future. All agency strategic plans shall present alternative investment strategies for providing services.
(i) "Enacted in the form passed by the legislature" means the referenced bill, as identified by a four-digit number, was:
(i) Passed by the legislature and enacted either with no provisions vetoed by the governor or with only ministerial or de minimus changes resulting from a partial veto; or
(ii) Attached in full onto another bill as an amendment and the entire bill, including the amendment, was passed by the legislature and enacted either with no provisions vetoed by the governor or with only ministerial or de minimus changes resulting from a partial veto.
NEW SECTION. Sec. 2. The legislature recognizes that the 1999 endangered species act listing or proposed listing of salmonid species throughout the state of Washington may require increased operational and capital expenditures for transportation. As the state's fiscal obligations pursuant to the listing or proposed listing become clearer over time, it may be necessary to revisit funding decisions reflected in this act in order to shift resources to meet those obligations. The department of transportation, the transportation improvement board, and the county road administration board shall report to the legislature on December 1, 1999, on capital project delay impacts, including impact on costs and project delivery, due to the endangered species act listing or proposed listing.
PART I
GENERAL GOVERNMENT AGENCIES--OPERATING
NEW SECTION. Sec. 101. FOR THE DEPARTMENT OF AGRICULTURE
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 327,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: The entire appropriation is provided solely for costs associated with the motor fuel quality program.
NEW SECTION. Sec. 102. FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 900,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $103,000 of the appropriation is provided solely for the local government finance reporting system project. This amount shall lapse unless $207,000 is appropriated for this project from the state general fund; and
(2) $202,000 of the appropriation is provided solely for the transportation infrastructure needs data base project. This amount shall lapse unless $405,000 is appropriated for this project in the omnibus operations appropriations act.
(3) $325,000 of the appropriation is provided solely for contracting with the office of the state auditor for the collection of local government fiscal data associated with the local government finance reporting system. In implementing the reporting system, the legislative evaluation and accountability program shall work with the local government finance study technical advisory committee. The committee shall include, but not be limited to, one member from the senate and one member from the house of representatives. An alternate legislator shall also be picked for each designated legislator to serve in the event that the designated legislator is unable to fulfill his or her duties on the committee. This amount shall lapse unless the legislature appropriates $325,000 for the same purpose by June 30, 1999, in the omnibus appropriations act.
NEW SECTION. Sec. 103. FOR THE UTILITIES AND TRANSPORTATION COMMISSION
Grade Crossing Protective Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 111,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The utilities and transportation commission shall develop a competitive rail grade crossing safety grant program which will fully fund selected safety projects to the extent allowable under chapter 81.53 RCW.
(2) Beginning on the effective date of this act through May 1, 2000, the utilities and transportation commission may not grant any new certificates under chapter 81.68 RCW in any areas where a public transportation system has been formed.
(3) The appropriation in this section is for the fiscal year ending June 30, 2000.
(4) During the 1999 interim the legislative transportation committees shall convene a task force to study issues related to the siting of, and fees charged for the siting of, utility facilities on, over, under, and along railroad rights of way.
NEW SECTION. Sec. 104. FOR THE STATE PARKS AND RECREATION COMMISSION
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 931,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: A report of actual expenditures and descriptions of the expenditures from the motor vehicle fund will be submitted to the legislature with the governor's 2001-2003 biennial budget request.
GENERAL GOVERNMENT AGENCIES--CAPITAL
NEW SECTION. Sec. 105. FOR WASHINGTON STATE PARKS AND RECREATION--CAPITAL PROJECTS
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 2,690,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $900,000 is a reappropriation provided to complete the Cama Beach project and the Damon point project funded in section 110, chapter 457, Laws of 1997. The projects shall be completed by June 30, 2001. Upon completion of these projects any surplus funding may be used for the projects listed in subsection (2) of this section.
(2) $1,790,000 is a one-time appropriation provided solely for the following projects, apportioned as follows:
(a) Ike Kinswa State Park, $100,000 to commission a hydrology and geology study for the park road drainage system and a traffic study of the intersection of he park entrance roads with SR 122;
(b) Mt. Spokane State Park, $1,300,000;
(c) Beacon Rock State Park, $300,000; and
(d) Cama Beach State Park, $90,000.
These projects shall be completed by June 30, 2001. Project status reports shall be submitted to the senate transportation committee and the house of representatives transportation committee in January 2000 and January 2001.
PART II
TRANSPORTATION AGENCIES
NEW SECTION. Sec. 201. FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION
Highway Safety Account--State Appropriation. . . . . . . . . . . . . . . . . . .$ 1,452,000
Highway Safety Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,038,000
School Zone Safety Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 1,004,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 11,494,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: $25,000 of the highway safety account--state is provided as a one-time appropriation to implement the Cooper Jones act, chapter 165, Laws of 1998.
NEW SECTION. Sec. 202. FOR THE BOARD OF PILOTAGE COMMISSIONERS
Pilotage Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 290,000
NEW SECTION. Sec. 203. FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 72,510,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 9,546,000
Motor Vehicle Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 376,000
County Arterial Preservation Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 28,612,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 111,044,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: $8,000,000 of the motor vehicle account--state appropriation is provided solely for projects on the freight and goods systems on county roads.
NEW SECTION. Sec. 204. FOR THE TRANSPORTATION IMPROVEMENT BOARD
Urban Arterial Trust Account--State Appropriation. . . . . . . .. . . . . . . .$ 104,508,000
Transportation Improvement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 99,414,000
Public Transportation Systems Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 33,496,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 237,418,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: To the extent practicable, the board shall give preference, for amounts which would otherwise be granted to cities, to those projects which complement projects funded under the county corridor congestion relief program contained in section 232(8) of this act.
NEW SECTION. Sec. 205. FOR THE SENATE
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 2,378,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriation in this section is provided solely to fund the activities of the senate transportation committee.
(2) The senate transportation committee shall work during the 1999 interim with members of the senate ways and means committee to assess funding options for aviation.
(3) The senate transportation committee shall evaluate the transportation functions currently performed by the utilities and transportation commission including but not limited to those regarding the issuance of certificates of public convenience and necessity for auto transportation companies.
(4) A legislative task force consisting of one member from each caucus of the senate and one member from each caucus of the house of representatives shall conduct a road jurisdiction study. The legislative task force shall appoint a technical advisory panel consisting of representatives of cities, counties, and the department of transportation. The study shall include but not be limited to an examination of the following issues:
(a) Whether changed conditions merit redesignation of certain local roadways as state routes and the return of certain state routes to local jurisdictions;
(b) Alternatives to current revenue distribution methodologies for funding roadway and highway needs;
(c) Determine roadway responsibilities, authorities, and practices by jurisdictional level; and
(d) Evaluate governance issues associated with road jurisdiction.
(5) The committee shall oversee program accountability reviews of department of transportation, department of licensing, and Washington state patrol programs selected by the senate transportation committee.
NEW SECTION. Sec. 206. FOR THE HOUSE OF REPRESENTATIVES
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 2,378,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriation in this section is provided solely to fund the activities of the house of representatives transportation committee.
(2) The house of representatives transportation committee shall evaluate the transportation functions currently performed by the utilities and transportation commission including but not limited to those regarding the issuance of certificates of public convenience and necessity for auto transportation companies.
(3) The committee shall oversee program accountability reviews of department of transportation, department of licensing, and Washington state patrol programs selected by the house of representatives transportation committee.
(4) A legislative task force consisting of one member from each caucus of the senate and one member from each caucus of the house of representatives shall conduct a road jurisdiction study. The legislative task force shall appoint a technical advisory panel consisting of representatives of cities, counties, and the department of transportation. The study shall include but not be limited to an examination of the following issues:
(a) Whether changed conditions merit redesignation of certain local roadways as state routes and the return of certain state routes to local jurisdictions;
(b) Alternatives to current revenue distribution methodologies for funding roadway and highway needs;
(c) Determine roadway responsibilities, authorities, and practices by jurisdictional level; and
(d) Evaluate governance issues associated with road jurisdiction.
NEW SECTION. Sec. 207. FOR THE BLUE RIBBON COMMISSION ON TRANSPORTATION
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 1,800,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The $1,800,000 motor vehicle account--state appropriation is provided solely for the purpose of enabling the blue ribbon commission on transportation to fulfill its mission. The funds are to be administered by the senate transportation committee and the house of representatives transportation committee on behalf of the blue ribbon commission on transportation.
(2) The blue ribbon commission on transportation shall commission and supervise the development of a modal trade-off model. The purpose of the model is to assist, not replace decision making; it will not simply produce numerical solutions. The model shall be developed in cooperation with the senate transportation committee, the house of representatives transportation committee, the transportation commission, and the department of transportation's modal directors of research, planning, and programming.
NEW SECTION. Sec. 208. FOR THE MARINE EMPLOYEES COMMISSION
Puget Sound Ferry Operations Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 356,000
NEW SECTION. Sec. 209. FOR THE TRANSPORTATION COMMISSION
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 807,000
NEW SECTION. Sec. 210. FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 600,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: When approving projects, the freight mobility strategic investment board shall:
(1) Emphasize funding projects according to their order on the prioritization list developed by the board;
(2) Not allow the program's share of total project cost to exceed sixty-five percent unless the board grants a special exception;
(3) Set a $50,000,000 cap on the amount it will authorize for any one project; and
(4) Give a project a higher priority designation if project partners increase their funding and the board deems the reprioritization is appropriate.
NEW SECTION. Sec. 211. FOR THE WASHINGTON STATE PATROL--FIELD OPERATIONS BUREAU
State Patrol Highway Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 154,538,000
State Patrol Highway Account--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,153,000
State Patrol Highway Account--
Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 169,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 160,860,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The following amounts are provided solely for administration of the field operations group subprogram: $120,372,000 of the state patrol highway account--state appropriation; $2,854,000 of the state patrol highway account--federal appropriation; and $83,000 of the state patrol highway account--private/local appropriation.
(2) The following amounts are provided solely for the administration of the commercial vehicle division subprogram: $26,367,000 of the state patrol highway account--state appropriation; $3,299,000 of the state patrol highway account--federal appropriation; and $86,000 of the state patrol highway account--private/local appropriation.
(3) $7,799,000 of the state patrol highway account--state appropriation is provided solely for the administration of the traffic investigation division subprogram.
(4) $1,137,000 of the state patrol highway account--state appropriation is provided solely for the license fraud task force to begin on July 1, 1999. Positions funded are one sergeant/detective, three Washington state patrol detectives, and one clerical support person, for administrative support for the task force as a whole. $115,400 of this amount is for reimbursement to the department of revenue and $228,315 of this amount is for reimbursement to the attorney general's office. If Senate Bill No. 5706 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse. Any funds provided in this subsection not used to implement Senate Bill No. 5706 as enacted by the legislature shall revert at the end of the 1999-01 biennium.
(5) $1,435,000 of the state patrol highway account--state appropriation is provided solely to the field operations group subprogram as a one-time appropriation to begin funding phase III of the Washington state patrol's upgrade to the state-wide emergency communication system. The Washington state patrol shall provide a full analysis of the costs, benefits, and requirements for completing all phases of the upgrade to the state-wide emergency communication system to the senate transportation committee and the house of representatives transportation committee by December 1, 1999.
(6) The Washington state patrol is authorized to use the federal community-oriented policing program (COPS) for 18 COPS troopers to begin in July 2000. The troopers must be used on the state's highways and up to six may be utilized in the Vancouver, Washington area.
NEW SECTION. Sec. 212. FOR THE WASHINGTON STATE PATROL--SUPPORT SERVICES BUREAU
State Patrol Highway Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 67,015,000
State Patrol Highway Account--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 104,000
State Patrol Highway Account--
Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 743,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 67,862,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: $877,000 of the state patrol highway account--state appropriation is provided solely to maintain pursuit vehicles and provide for replacement of the vehicles at 110,000 miles. The agency may purchase a total of 354 pursuit vehicles during the biennium ending June 30, 2001. The appropriation in this section reflects carry forward and new funding due to the consolidation of gasoline, maintenance, parts, and pursuit vehicles into the fleet section of the support services bureau.
NEW SECTION. Sec. 213. FOR THE DEPARTMENT OF LICENSING--MANAGEMENT AND SUPPORT SERVICES
Motorcycle Safety Education Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 118,000
Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 50,000
Highway Safety Account--State Appropriation. . . . . . . . . . . . . . . . . . .$ 6,578,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 4,571,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 11,317,000
NEW SECTION. Sec. 214. FOR THE DEPARTMENT OF LICENSING--INFORMATION SYSTEMS
Motorcycle Safety Education Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 102,000
Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 46,000
Highway Safety Account--State Appropriation. . . . . . . . . . . . . . . . . . .$ 5,725,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 3,651,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 9,524,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: $745,000 of the highway safety fund--state appropriation is a reappropriation of funds originally appropriated for the document scanner project in the 1997-99 biennium.
NEW SECTION. Sec. 215. FOR THE DEPARTMENT OF LICENSING--VEHICLE SERVICES
Marine Fuel Tax Refund Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 26,000
Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 556,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 56,137,000
DOL Services Account--State Appropriation. . . .. . . . . . . . . . . . . . . . .$ 2,907,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 59,626,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $81,000 of the motor vehicle account--state appropriation is provided solely to implement Senate Bill No. 5000 enacted in the form passed by the legislature. If Senate Bill No. 5000 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(2) $273,000 of the motor vehicle account--state appropriation is provided solely to implement Senate Bill No. 5280 enacted in the form passed by the legislature. If Senate Bill No. 5280 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(3) $82,000 of the motor vehicle account--state appropriation is provided solely to implement Senate Bill No. 5641 enacted in the form passed by the legislature. If Senate Bill No. 5641 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(4) $300,000 of the motor vehicle account--state appropriation is provided solely to implement Senate Bill No. 6009 enacted in the form passed by the legislature. If Senate Bill No. 6009 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(5) $15,000 of the motor vehicle account--state appropriation is provided solely to implement House Bill No. 2201 enacted in the form passed by the legislature.
(6) The department of licensing shall issue license plate emblems at the discretion of the adjutant general.
NEW SECTION. Sec. 216. FOR THE DEPARTMENT OF LICENSING--DRIVER SERVICES
Motorcycle Safety Education Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,960,000
Highway Safety Account--State Appropriation. . . . . . . . . . . . . . . . . . .$ 78,075,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 80,035,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,880,000 of the highway safety account--state appropriation is provided solely for the department to enter into a contract for the implementation of an improved state driver's license and identicard. The contract with the vendor providing the improved license and identicard shall state that the license and the identicard shall not contain: (a) The driver's social security number in either visible or machine readable form; or (b) the driver's fingerprint or thumbprint. Consistent with RCW 42.17.260(9) the department shall not sell or otherwise make available any information that it gathers from citizens of the state of Washington in administering the driver's licensing program except as already authorized in Title 46 RCW.
(2) In September of 1999 the department of licensing shall report to the senate transportation committee and the house of representatives transportation committee on:
(a) The controls implemented by the department to ensure the integrity and credibility of the written driver's license test administered by the department; and
(b) The policies and procedures implemented by the department to ensure that the driver's manuals produced and distributed by the department contain correct data based on current federal, state, and local statutes, ordinances, and rules.
(3) $610,000 of the highway safety fund--state appropriation is provided solely to implement House Bill No. 1147 enacted in the form passed by the legislature. If House Bill No. 1147 is not enacted in the form passed by the legislature by June 30, 1999, the amount provided in this subsection shall lapse.
(4) $17,000 of the highway safety fund--state appropriation is provided solely to implement House Bill No. 1774 enacted in the form passed by the legislature. If House Bill No. 1774 is not enacted in the form passed by the legislature the amount referenced in this subsection shall lapse.
(5) $130,000 of the highway safety fund--state appropriation is provided solely to implement House Bill No. 2259 enacted in the form passed by the legislature. If House Bill No. 2259 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(6) $34,000 of the highway safety fund--state appropriation is provided solely to implement Senate Bill No. 5374 enacted in the form passed by the legislature. If Senate Bill No. 5374 is not enacted in the form passed by the legislature the amount referenced in this subsection shall lapse.
(7) If Senate Bill No. 6009 is enacted in the form passed by the legislature $335,000 of the highway safety fund--state appropriation shall lapse.
(8) $329,000 of the highway safety account--state appropriation is provided solely to implement Senate Bill No. 5399 enacted as passed by the legislature.
NEW SECTION. Sec. 217. FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MANAGEMENT AND FACILITIES--PROGRAM D--OPERATING
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 44,508,000
Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 400,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 44,908,000
NEW SECTION. Sec. 218. FOR THE DEPARTMENT OF TRANSPORTATION--AVIATION--PROGRAM F
Aeronautics Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . .$ 4,010,000
Aircraft Search and Rescue Safety and
Education Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 159,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 247,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 4,416,000
NEW SECTION. Sec. 219. FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 630,010,000
Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 234,939,000
Motor Vehicle Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 43,344,000
High Capacity Transportation Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 110,000
Special Category C Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 55,220,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 197,284,000
Transportation Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 56,808,000
Puyallup Tribal Settlement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 8,662,000
Transportation Infrastructure Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,750,000
Transportation Infrastructure Account--
Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,750,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 1,229,877,000
The appropriations in this section are provided for the location, design, right of way acquisition, or construction of state highway projects designated as improvements under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The special category C account--state appropriation of $55,220,000 includes $40,500,000 in proceeds from the sale of bonds authorized by Senate Bill No. 5060 or House Bill No. 1203 enacted in the form passed by the legislature. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) The motor vehicle account--state appropriation includes $1,285,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1) for match on federal demonstration projects. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(3) The department shall report December 1st and June 1st of each year to the senate transportation committee and the house of representatives transportation committee and the office of financial management on the timing and the scope of work being performed for the regional transit authority known as sound transit. This report shall provide a description of all department activities related to the regional transit authority including investments in state-owned infrastructure.
(4) The motor vehicle account--federal appropriation in this section is transferrable to the transportation account to ensure efficient funds management and program delivery.
(5) The north Sumner interchange project shall be funded entirely from the motor vehicle account appropriation. The project shall no longer receive a portion of its funding from the economic development account.
(6) $34,920,000 of the motor vehicle account--state appropriation is provided solely for the state program share of freight mobility projects as identified by the freight mobility strategic investment board. The amount provided in this subsection can only be expended upon authorization from the freight mobility strategic investment board.
(7) The motor vehicle account--state appropriation includes $469,779,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(8) $500,000 of the motor vehicle account--state appropriation is provided solely for analysis and design of congestion solutions at the intersections of the South Lake Union/Mercer corridor with Interstate 5 and SR 99. The amount provided in this subsection shall be expended on the state's portion of the project. The department's authority to expend the amount referenced in this subsection is contingent on the city of Seattle appropriating $500,000 or more toward design and analysis for the local street portion of the project.
(9) $10,000,000 of the motor vehicle account--state appropriation and $40,000,000 of the transportation account--state appropriation are provided as a cash contribution for the development of the public private initiatives project at Tacoma Narrows. State funds shall be used initially for the acquisition of right of way and the forensic studies of the existing bridge including purchase of equipment necessary to conduct the studies. The balance of state funds not required for acquisition of right of way and forensic studies shall be placed with the designated bond trustee at the same time the privately secured debt proceeds are deposited.
(10)(a) $3,992,000 of the motor vehicle account--state appropriation is provided for the following two highway projects on SR 16 except as set forth under (b) of this subsection: Union to Sixth avenue/Pearl street and Sixth avenue/Pearl street to Jackson avenue. These projects are part of a coordinated approach that, along with construction of the Tacoma Narrows bridge project, will provide congestion relief on the SR 16 corridor. The appropriations in this section include funds for the construction of high occupancy vehicle (HOV) lanes on SR 16 on both the eastern and western sides of the Tacoma narrows bridge. The HOV construction project is part of a coordinated approach that, along with construction of the Tacoma Narrows bridge project, will provide congestion relief on the SR 16 corridor.
(b) If the Tacoma Narrows bridge project is delayed, the transportation commission may reprioritize projects on SR 16.
(11) $5,800,000 of the motor vehicle account--state appropriation is provided solely for the completion of the weigh stations at Stanwood and Cle Elum along with weigh in motion at those sites an weigh in motion at Fort Lewis Northbound. The Washington state patrol and department of transportation shall work cooperatively to complete these projects.
(12) $485,000 of the motor vehicle account--state appropriation is a reappropriation provided solely to enable the translake committee to finalize and present its recommendations. Upon presentation of the recommendations, or upon the expenditure of the appropriation provided by this subsection, the department of transportation shall disband the committee.
(13) $800,000 of the motor vehicle account--state appropriation is provided solely to the Washington state department of transportation, office of urban mobility, to advance the recommendations of the translake Washington study committee. These funds shall be used to develop a scope of work for an environmental impact statement and related engineering work, including an environmental strategy, a decision process, a statement of purpose and need, and a formal notice of intent. None of the appropriation for the scope of work for the environmental impact statement shall be available to support any activities of the translake Washington study committee.
(14) $500,000 of the motor vehicle fund--state appropriation is provided solely for predesign of the northeast 44th street interchange on I-405. The department of transportation and the city of Renton shall develop a proposal that includes a funding plan for the interchange that specifies the partner's share of the cost. The department and the city shall report to the legislative transportation committees by December 1, 1999.
NEW SECTION. Sec. 220. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION ECONOMIC PARTNERSHIPS--PROGRAM K
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 1,212,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 10,162,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 11,374,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: The motor vehicle fund--state appropriation includes $10,162,000 in proceeds from the sale of bonds authorized in RCW 47.10.834 for all forms of cash contributions, or the payment of other costs incident to the location, development, design, right of way, and construction of the Tacoma narrows bridge improvements under the public-private transportation initiative program authorized under chapter 47.46 RCW; and for support costs of the public-private transportation initiatives program.
NEW SECTION. Sec. 221. FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE--PROGRAM M
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 251,426,000
Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 887,000
Motor Vehicle Account--Private/Local Appropriation. . . . . .. . . . . . . .$ 3,417,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 255,730,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations will be requested to restore state funding for ongoing maintenance activities.
(2) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle fund--state into unallotted status. This exchange shall not affect the amount of funding available for snow and ice removal.
NEW SECTION. Sec. 222. FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 318,691,000
Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 284,587,000
Motor Vehicle Account--Private/Local Appropriation. . . . . .. . . . . . . .$ 3,117,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 121,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 606,516,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation includes $6,650,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762 for emergency purposes. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) The motor vehicle account--federal appropriation in this section is transferrable to the transportation account to ensure efficient funds management and program delivery.
NEW SECTION. Sec. 223. FOR THE DEPARTMENT OF TRANSPORTATION--TRAFFIC OPERATIONS--PROGRAM Q
State Patrol Highway Account--State Appropriation. . . . . . .. . . . . . . .$ 221,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 37,085,000
Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 1,662,000
Motor Vehicle Account--Private/Local Appropriation. . . . . .. . . . . . . .$ 122,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 39,090,000
The appropriations in this section are subject to the following conditions and limitations and the specified amount is provided solely for that activity:
(1) The motor vehicle account--state appropriation includes $4,324,000 for state matching funds for federally selected competitive grant or congressional earmark projects other than commercial vehicle information system and network (CVISN). These moneys shall be placed into reserve status until such time as federal funds are secured and a state match is required. If matching federal funds are not obtained by September 30, 2000, the amount provided in this subsection shall lapse.
(2) The motor vehicle account--state appropriation includes $600,000 for a two-year pilot program for contracted roving service patrols. The department shall provide a progress report on this pilot program to the office of financial management, the senate transportation committee, and the house of representatives transportation committee on December 1, 2000. The pilot program will be evaluated with future direction and funding to be determined by the documented results and benefits of the pilot program.
NEW SECTION. Sec. 224. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S
Puget Sound Capital Construction Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,464,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 98,390,000
Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 125,000
Puget Sound Ferry Operations Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,308,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 1,517,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 110,804,000
The appropriations in this section are subject to the following conditions and limitations and the specified amount is provided solely for that activity: $586,000 of the motor vehicle account--state appropriation is provided solely to enable the secretary of transportation to implement a leadership training program at the department of transportation. The program shall include a mentoring component. The department shall develop performance measures to evaluate the effectiveness of the program, including but not limited to a performance measure to determine the effect of the program on employee retention. The department shall provide a progress report on the training program to the office of financial management, the senate transportation committee, and the house of representatives transportation committee by December 1, 2000.
NEW SECTION. Sec. 225. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 12,109,000
Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 17,000,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 1,371,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 30,480,000
NEW SECTION. Sec. 226. FOR THE DEPARTMENT OF TRANSPORTATION--CHARGES FROM OTHER AGENCIES--PROGRAM U
(1) FOR PAYMENT OF COSTS OF ATTORNEY GENERAL TORT CLAIMS SUPPORT
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 2,595,000
Puget Sound Ferry Operations--State Appropriation. . . . . . . . . . . . . . .$ 1,155,000
(2) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE AUDITOR
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 907,000
(3) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL ADMINISTRATION FACILITIES AND SERVICES AND CONSOLIDATED MAIL SERVICES
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 3,743,000
(4) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF PERSONNEL
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 2,240,000
(5) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 12,039,000
(6) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION
Motor Vehicle Fund--Puget Sound Ferry Operations Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,462,000
(7) FOR PAYMENT OF COSTS OF OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 158,000
(8) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF GENERAL ADMINISTRATION STATE PARKING SERVICES
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 90,000
(9) FOR PAYMENT OF THE DEPARTMENT OF GENERAL ADMINISTRATION CAPITAL PROJECTS SURCHARGE
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 1,100,000
(10) FOR ARCHIVES AND RECORDS MANAGEMENT
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 392,000
NEW SECTION. Sec. 227. FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION--PROGRAM V
High Capacity Transportation Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,701,000
Air Pollution Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,253,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 7,187,000
Transportation Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 7,345,000
Transportation Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 105,000
Public Transportation Systems Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 800,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 24,391,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) Up to $750,000 of the transportation account--state appropriation is provided solely for grants and activities relating to coordinating special needs transportation among state and local providers. When selecting grant recipients, the agency council on coordinated transportation shall give priority to projects and programs that can be accomplished in the 1999-2001 biennium. The department may expend up to $250,000 without a matching appropriation. The department's authority to expend more than that amount is conditioned upon the legislature authorizing a matching appropriation equal to the total expenditure of the amount provided in this subsection.
(2) $50,000 of the public transportation systems account--state appropriation is provided solely to continue and enhance an existing pilot project between a public transit provider and a school district expanding public transit service to high school students in order to reduce the use of single occupancy vehicles.
(3) The department shall assess its commute trip reduction program. The assessment shall include an evaluation of tax credits or other incentives to employers who reduce commute trips to their work sites by encouraging employees to telecommute. Up to $50,000 of the air pollution control account--state appropriation is provided for a pilot project implementing telecommuting as part of the commute trip reduction program. The pilot project may include use of tax credits or other financial incentives.
(4) In evaluating applications for rural mobility grants to public transportation agencies, the department shall give added weight to projects that improve connectivity among transit providers and across jurisdictional boundaries.
(5) $4,900,000 of the transportation account--federal appropriation is provided solely for commute trip reduction programs administered by the department of transportation. These funds come from the TEA-21 congestion mitigation air quality program. The office of financial management shall place $1,000,000 of the air pollution control account--state appropriation in reserve status.
NEW SECTION. Sec. 228. FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Puget Sound Capital Construction Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 140,135,000
Puget Sound Capital Construction Account--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 29,575,000
Passenger Ferry Account--State Appropriation. . . . . . . . . . . . . . . . . . .$ 789,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 116,221,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 286,720,000
The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriations in this section, unless otherwise specified, are provided to carry out only the projects in the Washington state ferries capital program plan - version 3. The department shall reconcile the 1997-99 capital expenditures within ninety days of the end of the biennium and submit a final report to the senate transportation committee, the house of representatives transportation committee, and the office of financial management.
(2) The Puget Sound capital construction account--state appropriation includes $27,000,000 in proceeds from the sale of bonds authorized by RCW 47.60.800 for vessel and terminal acquisition, major and minor improvements, and long lead time materials acquisition for the Washington state ferries. The transportation commission may authorize the use of current revenues available to the Puget Sound capital construction account in lieu of bond proceeds for any part of the state appropriation.
(3) $1,500,000 of the motor vehicle account--state appropriation is provided solely for preliminary engineering activities to develop a new class of auto/passenger ferries. The design specifications for the vessels shall require that the vessels deliver optimal performance in terms of vessel speed, safety, reliability, and minimization of environmental impacts including damage on the shoreline from the wake of the vessels. The vessels are intended to ensure Washington state ferries compliance with applicable international and domestic vessel safety standards and the Americans with disabilities act on identified routes. This class of ferries should have a single adaptable design able to operate efficiently and effectively on different ferry routes, each of which has specific vessel capacity and handling requirements. These vessels are intended to relieve existing and projected vehicular traffic demand on congested routes such as, but not limited to, Seattle/Bremerton, Fauntleroy/Southworth, and Port Townsend/Keystone.
(a) Washington state ferries shall prepare:
(i) A conceptual design outlining the owner's functional requirements;
(ii) A design report that includes a budget estimate and outline of specifications and plans;
(iii) Specific contractual requirements and specifications;
(iv) An evaluation of using the request for proposals process in accordance with RCW 47.56.030;
(v) A request for interest to provide a propulsion system for this vessel class; and
(vi) An exploration of a public private partnership between Washington state ferries, shipbuilders, and their supporting engineering firms for design and construction of the vessel or vessels.
(b) Washington state ferries shall report to the legislature by December 1, 1999, on the conceptual design criteria and budget estimates for preferred hull design and propulsion system/engine alternatives. The report shall include recommended statutory changes that the legislature would need to enact in order to proceed with acquisition of this class of vessels.
(4) The motor vehicle account--state appropriation includes $110,729,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(5) The department shall structure the request for proposal for the purchase of passenger-only ferries authorized under RCW 47.60.652 to include the purchase of a fifth back-up ferry to support maintenance schedules, emergency service needs, and provide continuity of service on all passenger-only ferry routes. The purchase of a fifth passenger-only ferry is subject to subsequent legislative appropriation.
NEW SECTION. Sec. 229. FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X
Marine Operating Account--State Appropriation.. . . . . . . . . . . . . . . . .$ 303,014,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriation is based on the budgeted expenditure of $29,104,000 for vessel operating fuel in the 1999-2001 biennium. If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended. If the actual cost exceeds this amount, the department shall request a supplemental appropriation.
(2) The appropriation provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 1999-2001 biennium may not exceed $205,640,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $341.75 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 1999-2001 biennium. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).
The prescribed salary and insurance benefit increase or decrease dollar amount that shall be allocated from the governor's compensation appropriations is in addition to the appropriation contained in this section and may be used to increase or decrease compensation costs, effective July 1, 1999, and thereafter, as established in the 1999-2001 general fund operating budget.
(3) Up to $2,770,000 of the marine operating account--state appropriation may be used for leasing and operating an appropriate passenger only ferry vessel for the purpose of supporting existing, or testing new, passenger only service while testing alternative vessel technologies.
NEW SECTION. Sec. 230. FOR THE DEPARTMENT OF TRANSPORTATION-- RAIL--PROGRAM Y
Essential Rail Assistance Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 85,000
High Capacity Transportation Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15,094,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 95,915,000
Transportation Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 10,000,000
Public Transportation Systems Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 126,094,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) No appropriation in this section may be used to fund rail passenger service south of Portland, Oregon.
(2) $2,000,000 of the transportation account--state appropriation and $4,000,000 of the high capacity transportation account--state appropriation are provided solely for the freight rail assistance program to provide grants and loans for light density rail lines.
(3) $3,000,000 of the high capacity transportation account--state appropriation is provided solely for acquisition of up to six rail passenger cars to add capacity to existing advanced technology train sets operating in Washington state.
(4) $6,298,000 of the high capacity transportation account--state appropriation is provided to fund the operation of a second train set providing additional roundtrip service from Seattle to Vancouver, British Columbia. The department's authority to expend the appropriation referenced in this subsection for service north of Blaine is conditioned upon Canada, the province of British Columbia, and/or private sources undertaking the capital expenditures necessary to make the rail capital improvements required to facilitate improved round trip rail service between Seattle and Vancouver, B.C.
(5) $10,000,000 of the transportation account--state appropriation and $5,000,000 of the public transportation systems account--state appropriation are provided solely for the King street maintenance facility to be built in partnership with Amtrak. The amount referenced in this subsection is conditioned on the execution of agreements between the department of transportation, Amtrak, sound transit, and other participating parties which will assure that the maintenance and operation of the maintenance facility will not require state funding, except for billings for maintenance of state owned passenger trains.
(6) To the greatest extent practicable, expenditure of funds shall maximize funds from partnerships and coordinate with other agencies investing in track improvements.
(7) $5,000,000 of the transportation account--federal appropriation is provided from TEA-21 surface transportation program enhancement funds is provided solely for restoration of and improvements to the King Street station.
NEW SECTION. Sec. 231. FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 129,886,000
Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 8,040,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 10,767,000
Transportation Infrastructure Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,250,000
Transportation Infrastructure Account--
Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,750,000
High Capacity Transportation Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 150,000
Highway Infrastructure Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,500,000
Highway Infrastructure Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 234,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 155,577,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $300,000 of the transportation account--state appropriation is provided solely to establish alternatives for flood management and flood hazard reduction projects in the Chehalis basin.
(a) The department of transportation shall convene a technical committee to develop watershed-based solutions to flooding within the Chehalis basin. The technical committee shall be comprised of representatives of the department of transportation, department of ecology, department of fish and wildlife, the department of community, trade, and economic development, the military department's emergency management division, and affected counties and tribes. The department of transportation shall also seek the participation of the United States army corps of engineers, federal emergency management administration, the United States geological survey, the United States fish and wildlife service, the United States environmental protection agency, and other entities with critical knowledge related to the structural or nonstructural flood hazard reduction projects in the Chehalis basin. Funds shall be distributed by the department of transportation for alternative analysis, mapping, and model testing projects as recommended by the technical committee. The solutions considered by the technical committee shall be consistent with fish and habitat recovery efforts and avoid additional flood hazard to downstream communities. The department of transportation shall present a report to the senate transportation committee and the house of representatives transportation committee by December 1, 1999, regarding findings and progress made by funded projects.
(b) If the federal government makes funds available to accomplish the project described in (a) of this subsection, the department of transportation shall place the appropriation identified in this section in reserve.
(2) $85,121,000 of the motor vehicle account--state appropriation is provided solely for the state program share of freight mobility projects as identified by the freight mobility strategic investment board. Notwithstanding RCW 79.91.100, between July 1, 1999, and June 30, 2001, the department of natural resources shall execute and deliver an instrument granting an easement to cities, towns, and counties who request an easement for roadway purposes, including the right to make necessary fills, on, over, or across the beds of navigable waters if those easements are necessary to facilitate the construction of projects funded in whole or part by a portion of the appropriation referenced in this subsection. The department of natural resources shall not charge the city, town, or county for the easement except as necessary to recover reasonable administrative costs. The amount provided in this subsection can only be expended upon authorization from the freight mobility strategic investment board.
(3) $400,000 of the transportation account--state appropriation is provided solely for a study by the senate transportation committee and the house of representatives transportation committee in cooperation with the port of Benton developing a strategic corridor feasibility and master site plan for the port of Benton. If the port of Benton does not provide at least $200,000 to fund the plan development, the transportation fund--state appropriation referenced in this subsection shall lapse and this subsection shall be null and void.
(4) The motor vehicle account--state appropriation includes $105,121,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(5) $10,000,000 of the transportation account--state appropriation is provided solely to fund the first phase of a multiphase cooperative project with the state of Oregon to dredge the Columbia river. The department shall not expend the appropriation in this section unless agreement on ocean disposal sites has been reached which protects the state's commercial crab fishery. The amount provided in this subsection shall lapse unless the state of Oregon appropriates a dollar-for-dollar match to fund its share of the project.
(6) The motor vehicle account--state appropriation includes $1,167,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1). The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(7) $5,000,000 of the motor vehicle account--state appropriation is provided solely for a small city pavement preservation program, to be administered by the department's TransAid division. The department, in consultation with stakeholders, shall establish program guidelines. The guidelines should include but not be limited to a provision limiting program eligibility to cities with a population of 2,500 or less.
(8) $20,000,000 of the motor vehicle account--state appropriation is provided solely for a county corridor congestion relief program, to be administered by the department's TransAid division. The purpose of the program is to provide funding for congested urban corridors, as defined and selected by the department of transportation in consultation with counties, regional transportation planning organizations, and the transportation improvement board. At a minimum, project selection criteria should include: Consistency with regional transportation plans; measurable improvements in mobility; cost effectiveness; systemic corridor mobility improvements rather than isolated "spot" improvements; and optimal timing for construction.
(9) $5,000,000 of the motor vehicle account--state appropriation is provided solely for improving traffic and pedestrian safety near schools. The TransAid division within the department of transportation shall administer this program. Funds should be used for traffic and pedestrian improvements near schools, including roadway channelization and signalization.
(10) The TransAid division within the department of transportation shall develop a prequalification procedure for potential bidders on projects administered or approved by the transportation improvement board. The board shall work with other interested parties including but not limited to associations representing general contractors and the office of minority and women's business enterprises. The prequalification procedure's goal is to ascertain that bidders are qualified by experience, financing, equipment, and organization to do the work called for in the contract documents. The prequalification procedure may require a bidder to (1) satisfy threshold requirements established by the board prior to being furnished a proposal form on any contract; or (2) complete a preaward survey of the bidder's qualification prior to award.
(11) Up to $100,000 of the motor vehicle account--state appropriation is provided solely for audits of city and county transportation funding to determine whether any city or county has supplanted its local transportation funding with state funding provided under sections 408 and 409 of this act. The department shall report the results of this audit to the senate transportation committee, the house of representatives transportation committee, and the office of financial management by December 31, 2000.
(12) $5,000,000 of the motor vehicle account--state appropriation is provided solely for city fish passage barrier removal and habitat restoration. Funds should be used for eliminating fish passage barriers, including stormwater facilities, and providing for habitat restoration for salmonid species that are listed as threatened or endangered. The amount provided in this section may only be expended upon authorization from the department of transportation's environmental affairs office.
PART III
TRANSPORTATION AGENCIES CAPITAL FACILITIES
NEW SECTION. Sec. 301. FOR THE WASHINGTON STATE PATROL
Appropriation:
State Patrol Highway Account--State Appropriation. . . . . . . . . . .$ 2,328,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $508,000 of the state patrol highway account--state appropriation funds minor works which include communication tower maintenance, Spokane district headquarters HVAC, Morton HVAC replacement, emergency repairs, and Anacortes scale repairs.
(2) $500,000 of the state patrol highway account--state appropriation is provided for the Naselle detachment office.
(3) $615,000 of the state patrol highway account--state appropriation is provided for repaving the academy drive course.
(4) $275,000 of the state patrol highway account--state appropriation is provided for the squawk mountain communication tower.
(5) $380,000 of the state patrol highway account--state appropriation is provided for the replacement of two traffic control aircraft.
(6) $50,000 of the state patrol highway account--state appropriation is provided for the Ridgefield expansion design and the academy hookup fee for waste treatment.
NEW SECTION. Sec. 302. The Washington state patrol is authorized to continue with the exchange of the Olympia, Washington Martin Way property for a light industrial land complex to be used to consolidate existing separately located state activities and functions. The agency will work with the office of financial management, department of general administration, the senate transportation committee, and the house of representatives transportation committee in the exchange and approval processes.
NEW SECTION. Sec. 303. FOR THE DEPARTMENT OF TRANSPORTATION--PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)--CAPITAL
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 26,147,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) Before any funds are expended for the transportation facility to be located in Tumwater, Washington, the director of general administration shall conduct an evaluation of the planned facility design and budget using life-cycle cost analysis, value-engineering, and other techniques to maximize the long-term effectiveness and efficiency of the facility or improvement as required under RCW 43.82.010(10). Furthermore, the director shall present the findings of the evaluation to the fiscal committees of the house of representatives and the senate by December 31, 1999. Up to $100,000 of the motor vehicle account--state appropriation may be expended by the department of general administration to conduct an analysis of future transportation-related facility office space needs in Thurston county, by agency, for the next ten years. The analysis shall consult with state agencies, private developers, and building owners to determine the inventory of space available and planned over the next ten years in government and nongovernment buildings, and the impact on current office space. The analysis must be completed by January 31, 2000.
(2) The department of transportation is authorized to enter into a financing contract using certificate of participation in the amount of $14,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to acquire and remodel a regional complex in the department's southwest region.
PART IV
TRANSFERS AND DISTRIBUTIONS
NEW SECTION. Sec. 401. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE FUND AND TRANSPORTATION FUND REVENUE
Highway Bond Retirement Account Appropriation. . . . . . . .. . . . . . . . . . . . . . . . .$ 184,810,000
Ferry Bond Retirement Account Appropriation. .. . . . . . . . . . . . . . . . .$ 53,353,000
Transportation Improvement Board Bond Retirement
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 35,158,000
Puget Sound Capital Construction Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 270,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 6,543,000
Special Category C Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 405,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 280,539,000
NEW SECTION. Sec. 402. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Motor Vehicle Fund--Puget Sound Capital Construction
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 36,000
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 811,000
Special Category C Account Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 53,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 900,000
NEW SECTION. Sec. 403. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION
Motor Vehicle Fund Appropriation for
motor vehicle fuel tax and overload
penalties distribution.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 492,721,000
Transportation Fund Appropriation for
motor vehicle excise tax distribution. . . . . . .. . . . . . . . . . . . . . . . .$ 491,606,000
NEW SECTION. Sec. 404. FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--TRANSFERS
Motor Vehicle Fund--State Patrol Highway Account:
For transfer to the Department of
Retirement Systems Expense Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 171,000
NEW SECTION. Sec. 405. STATUTORY APPROPRIATIONS. In addition to the amounts appropriated in this act for revenue for distribution, state contributions to the law enforcement officers' and fire fighters' retirement system, and bond retirement and interest including ongoing bond registration and transfer charges, transfers, interest on registered warrants, and certificates of indebtedness, there is also appropriated such further amounts as may be required or available for these purposes under any statutory formula or under any proper bond covenant made under law.
NEW SECTION. Sec. 406. The department of transportation is authorized to undertake federal advance construction projects under the provisions of 23 U.S.C. Sec. 115 in order to maintain progress in meeting approved highway construction and preservation objectives. The legislature recognizes that the use of state funds may be required to temporarily fund expenditures of the federal appropriations for the highway construction and preservation programs for federal advance construction projects prior to conversion to federal funding.
NEW SECTION. Sec. 407. FOR THE STATE TREASURER--TRANSFERS
(1) RV Account--State Appropriation:
For transfer to the Motor Vehicle Fund--State. . .. . . . . . . . . . . . . . . . .$ 1,590,000
(2) Transportation Account--State Appropriation:
For transfer to the Transportation Infrastructure
Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000,000
The department of transportation shall only transfer funds provided under this subsection on an as-needed basis.
NEW SECTION. Sec. 408. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION
Motor Vehicle Fund--State Appropriation
for distribution to the cities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 18,250,000
Motor Vehicle Fund--State Appropriation
for distribution to the counties. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 10,000,000
The distributions in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation for distribution to cities is provided solely to be distributed to cities with a population of over two thousand five hundred in a manner consistent with RCW 46.68.110(4) in one distribution on March 1, 2000. The motor vehicle fund--state appropriation for distribution to the counties is provided solely to be distributed in a manner consistent with RCW 46.68.122 in one distribution on March 1, 2000. If the voters of this state pass an initiative that eliminates or reduces the motor vehicle excise tax authorized under RCW 82.44.020, the appropriations in this section shall lapse.
(2) The amounts provided in this section may not be used to supplant any existing local government funding for transportation projects or programs. Any local government in violation of this requirement shall immediately forfeit its eligibility for future distributions provided under this section.
NEW SECTION. Sec. 409. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION
Motor Vehicle Fund--State Appropriation
for distribution to the cities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 19,580,000
Motor Vehicle Fund--State Appropriation
for distribution to the counties. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 10,000,000
The distributions in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation for distribution to cities is provided solely to be distributed to cities with a population of over two thousand five hundred in a manner consistent with RCW 46.68.110(4) in one distribution on March 1, 2001. The motor vehicle fund--state appropriation for distribution to the counties is provided solely to be distributed in a manner consistent with RCW 46.68.122 in one distribution on March 1, 2001. If the voters of this state pass an initiative that eliminates or reduces the motor vehicle excise tax authorized under RCW 82.44.020, the appropriations in this section shall lapse.
(2) The amounts provided in this section may not be used to supplant any existing local government funding for transportation projects or programs. Any local government in violation of this requirement shall immediately forfeit its eligibility for future distributions provided under this section.
NEW SECTION. Sec. 410. The office of the state treasurer is authorized to transfer any transportation improvement account and urban arterial trust account balances available in the highway bond retirement account into the transportation improvement board bond retirement account following a cooperative agreement by the department of transportation and the transportation improvement board on the exact amount of the transfer.
NEW SECTION. Sec. 411. The motor vehicle account revenues are received at a relatively even flow throughout the year. Expenditures may exceed the revenue during the accelerated summer and fall highway construction season, creating a negative cash balance during the heavy construction season. Negative cash balances also may result from the use of state funds to finance federal advance construction projects prior to conversion to federal funding. The governor and the legislature recognize that the department of transportation may require interfund loans or other short-term financing to meet temporary seasonal cash requirements and additional cash requirements to fund federal advance construction projects.
NEW SECTION. Sec. 412. In addition to such other appropriations as are made by this act, there is appropriated to the department of transportation from legally available bond proceeds in the respective transportation funds and accounts such amounts as are necessary to pay the expenses incurred by the state finance committee in the issuance and sale of the subject bonds.
NEW SECTION. Sec. 413. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSFERS. The department of transportation shall make the following transfers contingent on passage of the bills referenced in each proviso as identified by bill number in the form passed by the legislature:
(1) If Senate Bill No. 5615 or House Bill No. 1588 is enacted in the form passed by the legislature the department of transportation shall transfer:
(a) The balances remaining at the close of the 1997-99 biennium in the economic development account and the transportation capital facilities account to the motor vehicle account--state; and
(b) The balance remaining at the close of fiscal year 2000 in the marine operating account to the Puget Sound ferry operations account.
(2) If neither Senate Bill No. 5615 nor House Bill No. 1588 is enacted in the form passed by the legislature the department of transportation is authorized to transfer any balances available in the highway construction stabilization account to the motor vehicle account to fund the appropriations contained in this act.
NEW SECTION. Sec. 414. FOR THE TRANSPORTATION IMPROVEMENT BOARD--TRANSFERS. The transportation improvement board shall make the following transfers contingent on passage of the bills referenced in each proviso as enacted in the form passed by the legislature:
(1) If Senate Bill No. 5360 or House Bill No. 1053 is enacted in the form passed by the legislature the transportation improvement board shall transfer the balances remaining at the close of the 1997-99 biennium in the small city account and the city hardship assistance account to the urban arterial trust account.
(2) If Senate Bill No. 5615 or House Bill No. 1588 is enacted in the form passed by the legislature the transportation improvement board shall transfer:
(a) The balances remaining at the close of the 1997-99 biennium in the small city account and the city hardship assistance account to the urban arterial trust account; and
(b) The balance remaining at the close of the 1997-99 biennium in the central Puget Sound public transportation systems account to the public transportation systems account.
PART V
1997-99 SUPPLEMENTAL APPROPRIATIONS
Transportation Agencies
Sec. 501. 1997 c 457 s 204 (uncodified) is amended to read as follows:
Motor Vehicle Fund--Urban Arterial Trust
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 57,159,000
Motor Vehicle Fund--Transportation Improvement
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 122,014,000
Motor Vehicle Fund--City Hardship Assistance
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,649,000
Motor Vehicle Fund--Small City Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((7,921,000))
9,921,000
Central Puget Sound Public Transportation
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 27,360,000
Public Transportation Systems Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,928,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((221,031,000))
223,031,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: The transportation improvement account--state appropriation includes $40,000,000 in proceeds from the sale of bonds authorized in RCW 47.26.500. However, the transportation improvement board may authorize the use of current revenues available in lieu of bond proceeds.
Sec. 502. 1998 c 348 s 203 (uncodified) is amended to read as follows:
Motor Vehicle Fund--State Patrol Highway
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((163,789,000))
166,035,000
Motor Vehicle Fund--State Patrol Highway
Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,374,000))
4,688,000
Motor Vehicle Fund--State Patrol Highway
Account--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 170,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 4,522,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((172,855,000))
175,415,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The Washington state patrol is authorized to use the federal community oriented policing program (COPS) for 54 troopers with 18 COPS troopers to begin in July 1998 and 36 COPS troopers to begin in January 1999.
(2) $4,463,000 of the transportation fund--state appropriation and $3,737,000 of the motor vehicle fund--state patrol highway account--state appropriation are provided for an equalization salary adjustment of three percent on July 1, 1997, and six percent on July 1, 1998, for commissioned officers (entry level trooper through captain), commercial vehicle enforcement officers, and communication officers of the Washington state patrol. The salary adjustments are intended to bring the existing salary levels into the fiftieth percentile of other Washington state law enforcement compensation plans. This is in addition to the salary increase contained in the omnibus appropriation bill or bills. The total of the two increases, in the transportation budget and omnibus appropriation bill or bills, may not exceed twelve percent.
(3) The Washington state patrol will develop a vehicle replacement plan for the next six years. The plan will include an analysis of the current 100,000 miles replacement policy and agency assignment policy. Projected future budget requirements will include forecasts of vehicle replacement costs, vehicle equipment costs, and estimated surplus vehicle values when sold at auction.
(4) The Washington state patrol vessel and terminal security (VATS) program will be funded by the state patrol highway fund beginning July 1, 1997, and into future biennia.
(5) A personnel data base will be maintained of the 801 commissioned traffic law enforcement officers, with a reconciliation at all times to the patrol allocation model and a vehicle assignment and replacement plan.
(6) $150,000 of the state patrol highway account appropriation is to fund the Washington state patrol's portion of the drug recognition expert training program previously funded by the traffic safety commission.
(7) The Washington state patrol with legislative transportation committee staff will perform an interim study of the Washington state patrol's commercial vehicle enforcement program with a report to be presented to the legislature and office of financial management in January 1998 with a developed business plan and program recommendations which includes, but is not limited to, weigh in motion technologies.
(8)(a) The Washington state patrol, in consultation with the Washington traffic safety commission, shall conduct an analysis of the most effective safety devices for preventing accidents while delivery trucks are operating in reverse gear. The analysis shall focus on trucks equipped with cube-style, walk-in cargo boxes, up to eighteen feet long, that are most commonly used in the commercial delivery of goods and services.
(b) The state patrol shall incorporate research and analysis currently being conducted by the national highway traffic safety administration.
(c) Upon completion of the analysis, the state patrol shall forward its recommendations to the legislative transportation committee and office of financial management.
(9) $381,000 of the transportation fund--state appropriation is provided for the following traditional general fund purposes: The governor's air travel, the license fraud program, and the special services unit. This transportation fund--state appropriation is not a permanent funding source for these purposes.
(10) $461,000 of the state patrol highway account appropriation is provided solely for monitoring and stopping fuel tax evasion. The Washington state patrol will report on December 1, 1998, to the legislative transportation committee on the activities and revenue collected associated with fuel tax evasion.
(11) $289,000 of the state patrol highway account appropriation is provided solely for vehicle license fraud investigation. A report will be presented each session to the legislature on the activities and revenue collected by the vehicle license fraud unit.
(12) $268,000 of the motor vehicle fund--state patrol highway account is provided solely to cover the employer's share of medicare premiums for commissioned officers hired prior to 1986. If a referendum of these officers does not receive majority support this appropriation shall not be expended by the state patrol.
(13) $105,000 of the motor vehicle fund--state patrol highway account--state appropriation and $314,000 of the motor vehicle fund--state patrol highway account--federal appropriation are provided solely for laptop personal computers, peripheral equipment, and necessary software for existing community oriented policing program (COPS) troopers.
(14) $2,300,000 of the motor vehicle fund--state patrol highway account--state appropriation is provided solely to purchase 100 equipped pursuit vehicles. If the transportation fund--state appropriation reduction described in section 503(9) of this act does not take place, the amount provided in this subsection shall lapse. If the state patrol does not purchase the vehicles prior to June 30, 1999, the amount provided in this subsection shall lapse.
Sec. 503. 1998 c 348 s 205 (uncodified) is amended to read as follows:
Motor Vehicle Fund--State Patrol Highway
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 52,926,000
Motor Vehicle Fund--State Patrol Highway
Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 104,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((2,513,000))
214,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((55,543,000))
53,244,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $1,017,000 for the state patrol highway account--state appropriation is provided solely for year 2000 conversions of transportation automated systems. For purposes of this subsection, transportation automated systems does not include WASIS and WACIS.
(2) $50,000 of the state patrol highway account--state appropriation is provided solely for a feasibility study to assess the effect of mobile computers on trooper productivity by type of service and measurement of the productivity gains achieved through reduction in administrative time and paperwork processing. The agency shall submit a copy of the proposed study workplan to the office of financial management, the department of information services, and the legislative transportation committee no later than October 1, 1997. A final report shall be submitted to the legislative transportation committee, the office of financial management, and the department of information services no later than January 31, 1998. This project is subject to the provisions of section 502 of this act.
(3) $50,000 of the state patrol highway account--state appropriation is provided solely for a review of the feasibility of improving the patrol's computer-aided dispatch system to permit tracking of trooper availability and response time to calls for service. The agency shall submit a copy of the proposed study workplan to the office of financial management, the department of information services, and the legislative transportation committee no later than October 1, 1997. A final report shall be submitted to the legislative transportation committee, the office of financial management, and the department of information services no later than January 31, 1998. This project is subject to the provisions of section 502 of this act.
(4) These appropriations maintain current level funding for the Washington state patrol service center and have no budget savings included for a consolidation of service centers based on the study conducted by the technology management group. During the 1997 interim, the costs for current level will be reviewed by the office of financial management and department of information services with a formal data center recommendation, that has been approved by the information services board, to the legislature in January 1998. Current level funding will be split between fiscal year 1998 and fiscal year 1999 with consideration of funding adjustments based on the review and the formal policy and budget recommendations.
(5) $2,513,000 of the transportation fund--state appropriation is for the following traditional general fund purposes: The executive protection unit, revolving fund charges, budget and fiscal services, computer services, personnel, human resources, administrative services, and property management. This appropriation is not a permanent funding source for these purposes.
(6) $22,000 of the motor vehicle fund--state patrol highway account appropriation is provided solely to cover the employer's share of medicare premiums for commissioned officers hired prior to 1986. If a referendum of these officers does not receive majority support this appropriation shall not be expended by the state patrol.
(7) The 1998 Washington state patrol interim working group shall review the data center, electronic services division, communications division, and strategic planning and shall provide recommendations on increasing the effectiveness and efficiencies of the programs under review and audit.
(8) $1,580,000 of the state patrol highway account--state appropriation is provided solely for the transition of the Washington state patrol mainframe data processing functions to the Washington state department of information services data center in Olympia, Washington. The Washington state patrol and the department of information services shall work cooperatively to ensure the transition to the department of information services is completed successfully.
(9) The transportation fund--state appropriation is reduced by $2,299,000 to correct a double appropriation.
Sec. 504. 1998 c 348 s 207 (uncodified) is amended to read as follows:
Highway Safety Fund--Motorcycle Safety Education
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 94,000
General Fund--Wildlife Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 42,000
Highway Safety Fund--State Appropriation. . . . .. . . . . . . . . . . . . . . . .$ ((10,732,000))
8,218,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((5,610,000))
4,735,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 441,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((16,919,000))
13,530,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: (((1))) $2,498,000 of the highway safety fund--state appropriation and $793,000 of the motor vehicle fund--state appropriation are provided for the following activities: (1) Identify business objectives and needs relating to technology improvements and integration of the drivers' licensing and vehicle title and registrations systems; (2) converting the drivers' licensing software applications to achieve Year 2000 compliance; (3) convert the drivers' field network from a uniscope to a frame-relay network; (4) develop an interface between the unisys system and the CRASH system; and (5) operate and maintain the highways-licensing building network and the drivers' field network.
Sec. 505. 1998 c 348 s 208 (uncodified) is amended to read as follows:
General Fund--Marine Fuel Tax Refund Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 26,000
General Fund--Wildlife Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 549,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((49,630,000))
49,615,000
Department of Licensing Services Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,944,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((53,149,000))
53,134,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $600,000 of the licensing service account--state appropriation is provided for replacement of printers for county auditors and subagents.
(2) The department of licensing, in cooperation with the fuel tax advisory committee, shall prepare and submit a report to the legislative transportation committee containing recommendations for special fuel and motor vehicle fuel recordkeeping and reporting requirements, including but not limited to recommendations regarding the form and manner in which records and tax reports must be maintained and made available to the department; which persons engaged in the business of selling, purchasing, distributing, storing, transporting, or delivering fuel should be required to submit periodic reports regarding the disposition of such fuel; and the feasibility of implementing an automated fuel tracking system. The report is due no later than October 31, 1997.
(3) The department of licensing, in cooperation with representatives of local governments and the department of revenue shall analyze the collection of the local option fuel tax under RCW 82.80.010. Based on that analysis the department of licensing shall offer recommendations regarding the appropriate government entity to collect the local option fuel tax and the best method to accomplish that collection. The department of licensing shall report its findings and recommendations to the legislative transportation committee and the office of financial management by December 1, 1998.
(4) The department of licensing, in conjunction with the interagency commission on outdoor recreation, the department of transportation, and other affected entities, shall conduct a study and make recommendations regarding:
(a) Whether the study required by RCW 43.99.030 to determine what portion of the motor vehicle fuel tax collected is tax on marine fuel is an effective and efficient mechanism for determining what portion of fuel tax revenues should be refunded to the marine fuel tax refund account;
(b) Other possible methodologies for determining the appropriate amount of tax revenue to refund from the motor vehicle fund to the marine tax refund account; and
(c) Whether the tax on fuel used by illegally nonregistered boats should be refunded to the marine tax refund account.
The department of licensing shall make a report of its findings and recommendations to the legislative transportation committee and the office of financial management by December 1, 1998.
(5) $382,000 of the motor vehicle fund--state appropriation is provided solely to implement Substitute House Bill No. 2659. If Substitute House Bill No. 2659 is not enacted by June 30, 1998, this amount shall lapse.
Sec. 506. 1998 c 348 s 209 (uncodified) is amended to read as follows:
Highway Safety Fund--Motorcycle Safety Education
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,411,000
Highway Safety Fund--State Appropriation. . . . .. . . . . . . . . . . . . . . . .$ ((61,087,000))
59,869,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 4,985,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((64,112,000))
66,265,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $225,000 of the highway safety account--state appropriation is provided solely to implement Substitute House Bill No. 2442 or Senate Bill No. 6190. If neither bill is enacted by June 30, 1998, this amount shall lapse.
(2) $480,000 of the highway safety account--state appropriation is provided solely to implement Senate Bill No. 6165. If Senate Bill No. 6165 is not enacted by June 30, 1998, this amount shall lapse.
(((6))) (3) $1,000,000 of the highway safety account--state appropriation is provided solely to implement 1998 legislation that changes statutes relating to driving under the influence. If legislation changing the DUI statutes is not enacted by June 30, 1998, this amount shall lapse.
Sec. 507. 1997 c 457 s 215 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MANAGEMENT AND FACILITIES--PROGRAM D--OPERATING
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((24,703,000))
24,436,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . .$ 400,000
Motor Vehicle Fund--Transportation Capital
Facilities Account--State Appropriation. . . . . . . . . . . . . . . . . . . . .$ ((24,338,000))
24,330,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((49,441,000))
49,166,000
Sec. 508. 1998 c 348 s 211 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I
Motor Vehicle Fund--Economic Development Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,434,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((163,275,000))
123,575,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . .$ 155,485,000
Motor Vehicle Fund--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 40,000,000
Special Category C Account--State Appropriation. . . . . . . $ ((73,271,000))
65,471,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((230,546,000))
225,546,000
Puyallup Tribal Settlement Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000,000
Puyallup Tribal Settlement Account--Private/Local
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 200,000
High Capacity Transportation Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,401,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((671,612,000))
619,112,000
The appropriations in this section are provided for the location, design, right of way acquisition, or construction of state highway projects designated as improvements under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The special category C account--state appropriation of (($73,271,000)) $65,471,000 includes $26,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.812 through 47.10.817 ((and includes $12,000,000 in proceeds from the sale of bonds authorized by House Bill No. 1012)). The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation. ((If House Bill No. 1012 is not enacted by June 30, 1998, $7,800,000 of the special category C account--state appropriation shall lapse.))
(2) The motor vehicle fund--state appropriation includes $2,685,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1) for match on federal demonstration projects. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(3) The department shall report annually to the legislative transportation committee on the status of the projects funded by the special category C appropriations contained in this section. The report shall be submitted by January 1 of each year.
(4) The motor vehicle fund--state appropriation in this section includes $600,000 solely for a rest area and information facility in the Nisqually gateway area to Mt. Rainier, provided that at least forty percent of the total project costs are provided from federal, local, or private sources. The contributions from the nonstate sources may be in the form of in-kind contributions including, but not limited to, donations of property and services.
(5) The appropriations in this section contain $118,247,000 reappropriation from the 1995-97 biennium.
(6) The motor vehicle fund--state appropriation in this section includes $250,000 to establish a wetland mitigation pilot project. This appropriation may only be expended if the department of transportation establishes a technical committee to better implement the department's strategic plan. The technical committee shall include, but is not limited to, cities, counties, environmental groups, business groups, tribes, the Puget Sound action team, and the state departments of ecology, fish and wildlife, and community, trade, and economic development, and appropriate federal agencies. The committee shall assist the department in implementing its wetland strategic plan, including working to eliminate barriers to improved wetland and watershed management. To this end, the technical committee shall: (a) Work to facilitate sharing of agency environmental data, including evaluation of off-site and out-of-kind mitigation options; (b) develop agreed-upon guidance that will enable the preservation of wetlands that are under imminent threat from development for use as an acceptable mitigation option; (c) develop strategies that will facilitate the implementation of mitigation banking, including developing mechanisms for valuing and transferring credits; (d) provide input in the development of wetland functions assessment protocols related to transportation projects; (e) develop incentives for interagency participation in joint mitigation projects within watersheds; and (f) explore options for funding environmental mitigation strategies. The department shall prepare an annual report to the legislative transportation committee and legislative natural resources committees on recommendations developed by the technical committee.
(7) The department shall report January 1st and July 1st of each year, to the legislative transportation committee and the office of financial management of the timing and the scope of work being performed for the regional transit authority. This report shall provide a description of all department activities related to the regional transit authority including investments in state-owned infrastructure.
(8) The translake study funded in this section shall include recommendations to address methods for mitigating traffic noise in the study area.
(9) Funding for the SR 509 project extending south and east from south 188th street in King county is contingent on the development of a proposal linking the project to other freight corridors and a funding plan with participation from partners of the state that are agreed to by the legislative transportation committee and the governor.
(10) The motor vehicle account--federal appropriation in this section is transferrable to the transportation account to ensure efficient funds management and program delivery.
(11) $2,000,000 of the motor vehicle fund--state appropriation is provided solely for transfer to the advanced environmental mitigation revolving account--state.
(((14))) (12) $13,000,000 of the motor vehicle fund--state appropriation and $12,000,000 of the transportation fund--state appropriation are provided solely for preliminary engineering and purchase of right of way for highway construction.
(((15) $35,000,000 of the motor vehicle fund--state appropriation is conditioned upon voter approval of a referendum on a state-wide ballot that provides funding for transportation purposes. If the voters approve such a referendum, $35,000,000 of the motor vehicle fund--state appropriation is put in reserve solely to be used for the purposes of preliminary engineering and purchase of right of way for highway construction. These moneys may only be expended upon approval of both the legislative transportation committee and the office of financial management.))
(13) The department may advertise and award certain specified projects prior to June 30, 1999. This authority extends to the 10 projects listed in the transportation executive information system document titled "1999 Supplemental Budget — Spring Start Projects (Rev.)" dated March 13, 1999.
Sec. 509. 1998 c 348 s 212 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION ECONOMIC PARTNERSHIPS--PROGRAM K
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((1,280,000))
1,255,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 16,235,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((17,515,000))
17,490,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation includes $16,235,000 in proceeds from the sale of bonds authorized in RCW 47.10.834 for all forms of cash contributions, or the payment of other costs incident to the location, development, design, right of way, and construction of only the SR 16 corridor improvements and park and ride projects selected under the public-private transportation initiative program authorized under chapter 47.46 RCW; and support costs of the public-private transportation initiatives program.
(2) The appropriations in this section contain $16,235,000 reappropriated from the 1995-97 biennium.
Sec. 510. 1998 c 348 s 213 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE--PROGRAM M
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((239,200,000))
237,013,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . .$ 465,000
Motor Vehicle Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 3,335,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((243,000,000))
240,813,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations will be requested to restore state funding for ongoing maintenance activities.
(2) The department shall deliver the highway maintenance program according to the plans for each major maintenance group to the extent practical. However, snow and ice expenditures are highly variable depending on actual weather conditions encountered. If extraordinary winter needs result in increased winter maintenance expenditures, the department shall, after prior consultation with the transportation commission, the office of financial management, and the legislative transportation committee adopt one or both of the following courses of action: (a) Reduce planned maintenance activities in other groups to offset the necessary increases for snow and ice control; or (b) continue delivery as planned within other major maintenance groups and request a supplemental appropriation in the following legislative session to fund the additional snow and ice control expenditures.
(3) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle fund--state into unallotted status. This exchange shall not affect the amount of funding available for snow and ice removal.
(4) Funding appropriated for local storm water charges assessed under RCW 90.03.525, which is allocated for, but not paid to, a local storm water utility because the utility did not meet the conditions provided under RCW 90.03.525, may be transferred by the department to program Z of the department to be distributed as grants under the storm water grant program.
Sec. 511. 1998 c 348 s 214 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P
Motor Vehicle Fund--State Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((288,720,000))
285,220,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . .$ 274,259,000
Motor Vehicle Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 2,400,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((568,379,000))
561,879,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation includes $6,800,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762 for emergency purposes. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) The appropriations in this section contain $27,552,000 reappropriated from the 1995-97 biennium.
(3) If the Oregon state legislature enacts a public/private partnership program and the Washington state transportation commission, in consultation with the legislative transportation committee, negotiates and enters into an agreement between Washington and Oregon to place the Lewis and Clark bridge into Oregon's public/private partnership program, up to $3,000,000 of the motor vehicle fund--state appropriation may be used as Washington's contribution toward the design of the project pursuant to the agreement between Washington and Oregon. Any additional contributions shall be subject to Washington state legislative appropriations and approvals. The department shall provide a status report on this project to the legislative transportation committee by June 30, 1998.
(((6))) (4) $630,000 of the motor vehicle fund--state appropriation is provided for slope stabilization along state route 166 in the Ross Point vicinity. This amount is intended to fund preliminary engineering, right of way acquisition, and to begin construction.
Sec. 512. 1998 c 348 s 215 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRAFFIC OPERATIONS--PROGRAM Q
State Patrol Highway Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 153,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((30,412,000))
29,982,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Motor Vehicle Fund--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 275,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((31,840,000))
31,410,000
The appropriation in this section is subject to the following conditions and limitations and specified amount is provided solely for that activity:
(1) The department, in cooperation with the Washington state patrol and the tow truck industry, shall develop and submit to the legislative transportation committee by October 31, 1997, a recommendation for implementing new tow truck services during peak hours on the Puget Sound freeway system.
(2) The department, in cooperation with the Washington state patrol, the department of licensing, the state of Oregon, and the United States department of transportation, shall install and operate the commercial vehicle information systems and network (CVISN) at a selected pilot site. If the state department of transportation receives additional federal funding for this project that is eligible to supplant state funding, the appropriation in this section shall be reduced by the amount of the state funds supplanted.
Sec. 513. 1998 c 348 s 216 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S
Motor Vehicle Fund--Puget Sound Capital
Construction Account--State Appropriation.. . . . . . . . . . . . . . . . .$ 777,000
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((70,032,000))
69,685,000
Motor Vehicle Fund--Puget Sound Ferry Operations
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,093,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 1,158,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((73,060,000))
72,713,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1)(a) The motor vehicle fund--state appropriation includes $14,300,000 provided solely for programming activities and other efforts needed to bring the department's information systems, and devices with computers built into them, into compliance with the year 2000 requirements of the department of information services. The department is directed to expend the moneys internally reallocated for this purpose before spending from this appropriation. The department is directed to provide quarterly reports on this effort to the legislative transportation committee and the office of financial management beginning October 1, 1997.
(b) Up to $2,900,000 of the amount provided in (a) of this subsection may be expended for testing and required modifications to electronic devices and other equipment and specialized software that are essential for department operations to ensure they are year 2000 compliant. Before expending any of this amount for these purposes, the department shall consult with the legislative transportation committee and the office of financial management.
(2) The legislative transportation committee shall review and analyze freight mobility issues affecting eastern and southeastern Washington as recommended by the freight mobility advisory committee and report back to the legislature by November 1, 1997. $500,000 of the motor vehicle fund--state appropriation is provided for this review and analysis. The funding conditioned in this subsection shall be from revenues provided for interjurisdictional studies.
(3) In order to increase visibility for decision making, the department shall review its budgeting and accounting methods for management information systems. The review shall include, but not be limited to, the cost-benefit analysis of existing processes and evaluation of less complex alternatives such as direct appropriations. The results of the review shall be reported to the legislative transportation committee and the office of financial management by July 1, 1998.
Sec. 514. 1997 c 457 s 223 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((16,098,000))
15,884,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . .$ 10,466,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((1,384,000))
1,379,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((27,948,000))
27,729,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: Up to $2,400,000 of the motor vehicle fund--state appropriation is provided for regional transportation planning organizations, with allocations for participating counties maintained at the 1995-1997 biennium levels for those counties not having metropolitan planning organizations within their boundaries.
Sec. 515. 1998 c 348 s 217 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--CHARGES FROM OTHER AGENCIES--PROGRAM U
(1) FOR PAYMENT OF COSTS OF ATTORNEY GENERAL TORT CLAIMS SUPPORT
((Motor Vehicle Fund - State Appropriation. . . . . . . . . . . . . . . . . . . . .$ 2,515,000))
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 3,715,000
(2) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE AUDITOR
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 840,000
(3) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL ADMINISTRATION FACILITIES AND SERVICES AND CONSOLIDATED MAIL SERVICES
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 3,391,000
(4) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF PERSONNEL
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((2,240,000))
2,140,000
(5) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 12,535,000
(6) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION
Motor Vehicle Fund--Puget Sound Ferry Operations
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,928,000
(7) FOR PAYMENT OF COSTS OF THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 536,000
(8) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF GENERAL ADMINISTRATION STATE PARKING SERVICES
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 90,000
(9) FOR PAYMENT OF THE DEPARTMENT OF GENERAL ADMINISTRATION CAPITAL PROJECTS SURCHARGE
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 735,000
(10) FOR ARCHIVES AND RECORDS MANAGEMENT
Motor Vehicle Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 355,000
Sec. 516. 1998 c 348 s 218 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Motor Vehicle Fund--Puget Sound Capital
Construction Account--State Appropriation.. . . . . . . . . . . . . . . . .$ ((209,886,000))
192,886,000
Motor Vehicle Fund--Puget Sound Capital
Construction Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 30,165,000
Motor Vehicle Fund--Puget Sound Capital
Construction Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 765,000
Transportation Fund--Passenger Ferry Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 640,000
TOTAL APPROPRIATION. . . . . . . . . . . .$ ((241,456,000))
224,456,000
The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriations in this section are provided to carry out only the projects (version ((3)) 2) adjusted by the legislature for the 1997-99 budget. The department shall reconcile the 1995-97 capital expenditures within ninety days of the end of the biennium and submit a final report to the legislative transportation committee and office of financial management.
(2) The Puget Sound capital construction account--state appropriation includes $100,000,000 in proceeds from the sale of bonds authorized by RCW 47.60.800 for vessel and terminal acquisition, major and minor improvements, and long lead time materials acquisition for the Washington state ferries, including construction of new jumbo ferry vessels in accordance with the requirements of RCW 47.60.770 through 47.60.778. However, the department of transportation may use current revenues available to the Puget Sound capital construction account in lieu of bond proceeds for any part of the state appropriation.
(3) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the capital program authorized in this section.
(4) Washington state ferries is authorized to reimburse up to $3,000,000 from the Puget Sound capital construction account--state appropriation or Puget Sound capital construction account--federal appropriation to the city of Bremerton and the port of Bremerton for Washington state ferries' financial participation in the development of a Bremerton multimodal transportation terminal, port of Bremerton passenger-only terminal expansion, and ferry vehicular connections to downtown traffic circulation improvements. The reimbursement shall specifically support the construction of the following components: Appropriate passenger-only ferry terminal linkages to accommodate bow-loading catamaran type vessels and the needed transit connections; and the Washington state ferries' component of the Bremerton multimodal transportation terminal as part of the downtown Bremerton redevelopment project, including appropriate access to the new downtown traffic circulation road network.
(5) The Puget Sound capital construction account--state appropriation includes funding for capital improvements on vessels to meet United States Coast Guard Subchapter W regulation revisions impacting SOLAS (safety of life at sea) requirements for ferry operations on the Anacortes to Sidney, B.C. ferry route.
(6) The Puget Sound capital construction account--state appropriation, the Puget Sound capital construction account--federal appropriation, and the passenger ferry account--state appropriation include funding for the construction of one new passenger-only vessel and the department's exercise of the option to build a second passenger-only vessel. In accordance with chapter 166, Laws of 1998, Washington state ferries shall accelerate activities to ensure the acquisition of five additional passenger-only vessels and the construction of related terminal facilities, including maintenance facilities for the Southworth and Kingston to Seattle passenger-only ferry routes.
(7) The Puget Sound capital construction account--state appropriation includes funding for the exploration and acquisition of a design for constructing a millennium class ferry vessel.
(8) The Puget Sound capital construction account--state appropriation includes $90,000 for the purchase of defibrillators. At least one defibrillator shall be placed on each vessel in the ferry fleet.
(9) The appropriations in this section contain $46,962,000 reappropriated from the 1995-97 biennium.
Sec. 517. 1998 c 348 s 219 (uncodified) is amended to read as follows:
Marine Operating Fund--State Appropriation. . . . . . . . . . . . . . . . . . . .$ ((270,522,000))
270,473,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriation is based on the budgeted expenditure of (($28,696,000)) $27,076,000 for vessel operating fuel in the 1997-99 biennium. If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended. If the actual cost exceeds this amount, the department shall request a supplemental appropriation.
(2) The appropriation provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 1997-99 biennium may not exceed (($179,095,000)) $180,715,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $313.95 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 1997-99 biennium. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).
The prescribed salary and insurance benefit increase or decrease dollar amount that shall be allocated from the governor's compensation appropriations is in addition to the appropriation contained in this section and may be used to increase or decrease compensation costs, effective July 1, 1997, and thereafter, as established in the 1997-99 general fund operating budget.
(3) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the operating program authorized in this section.
(4) The appropriation in this section includes up to $1,566,000 for additional operating expenses required to comply with United States Coast Guard Subchapter W regulation revisions for vessels operating on the Anacortes to Sidney, B.C. ferry route. The department shall explore methods to minimize the cost of meeting United States Coast Guard requirements and shall report the results to the legislative transportation committee and office of financial management by September 1, 1997.
(5) The department shall request a reduction of the costs associated with the use of the terminal leased from the Port of Anacortes and costs associated with use of the Sidney, British Columbia terminal.
(6) Agreements between Washington state ferries and concessionaires for automatic teller machines on ferry terminals or vessels shall provide for and include banks and credit unions that primarily serve the west side of Puget Sound.
(7) In the event federal funding is provided for one or more passenger-only ferry vessels for the purpose of transporting United States naval personnel, the department of transportation is authorized to acquire and construct such vessels in accordance with the authority provided in RCW 47.56.030, and the department shall establish a temporary advisory committee comprised of representatives of the Washington state ferries, transportation commission, legislative transportation committee, office of financial management, and the United States Navy to analyze and make recommendations on, at a minimum, vessel performance criteria, docking, vessel deployment, and operating issues.
(8) The appropriation provides funding for House Bill No. 2165 (paying interest on retroactive raises for ferry workers).
(9) The commission is authorized to increase Washington state ferry tariffs in excess of the fiscal growth factor, established under chapter 43.135 RCW, in fiscal year 1998 and fiscal year 1999.
(10) Funding for Anacortes to Sidney advertising is contingent upon partners meeting their commitment. In no event may the state share exceed fifty percent of the cash contribution toward the project.
(11) $1,370,000 of this appropriation is provided solely for the Hiyu operation for Southworth/Vashon 5 days per week for 16 hours per day. Prior to placing the Hiyu in permanent service on a route between Vashon and Southworth, the Washington state ferries shall conduct a study of the impact of additional service on Vashon and Southworth and report back to the legislative transportation committee by May 15, 1998.
(12) $446,000 of this appropriation is provided solely to provide an additional crew member on Jumbo Mark 2 ferries as required by emergency evacuation regulations adopted by the United States Coast Guard. If the Coast Guard requirement can be met without the hiring of additional staff, the portion of this appropriation provided to meet that requirement shall not be expended.
Sec. 518. 1998 c 348 s 220 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION AND RAIL--PROGRAM Y
Essential Rail Assistance Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 256,000
High Capacity Transportation Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((13,225,000))
13,185,000
Air Pollution Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,290,000
Transportation Fund--State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((55,029,000))
46,858,000
Transportation Fund--Federal Appropriation. . . .. . . . . . . . . . . . . . . . .$ 3,947,000
Transportation Fund--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 105,000
Central Puget Sound Public Transportation
Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,250,000))
250,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((83,102,000))
70,891,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) Up to $46,180,000 of the transportation fund--state appropriation is provided for intercity rail passenger service including up to $8,000,000 for lease purchase of two advanced technology train sets with total purchase costs not to exceed $20,000,000; up to $1,000,000 for one spare advanced technology train power-car and other spare parts, subsidies for operating costs not to exceed $12,000,000, to maintain service of two state contracted round trips between Seattle and Portland and one state contracted round trip between Seattle and Vancouver, British Columbia, and capital projects necessary to provide Seattle-Vancouver, British Columbia, train operating times of under 4 hours.
(2) Up to $3,000,000 of the transportation fund--state appropriation is provided for the rural mobility program administered by the department of transportation. Priority for grants provided from this account shall be given to projects and programs that can be accomplished in the 1997-99 biennium.
(3) Up to $600,000 of the high capacity transportation account--state appropriation is provided for rail freight coordination, technical assistance, and planning.
(4) The department shall provide biannual reports to the legislative transportation committee and office of financial management regarding the department's rail freight program. The department shall also notify the committee for project expenditures from all fund sources prior to making those expenditures. The department shall examine the ownership of grain cars and the potential for divestiture of those cars and other similar assets and report those findings to the committee prior to the 1998 legislative session.
(5) Up to $750,000 of the transportation fund--state appropriation and up to $250,000 of the central Puget Sound public transportation account--state appropriation are provided to fund activities relating to coordinating special needs transportation among state and local providers. These activities may include demonstration projects, assessments of resources available versus needs, and identification of barriers to coordinating special needs transportation. The department will consult with the superintendent of public instruction, the secretary of the department of social and health services, the office of financial management, the fiscal committees of the house of representatives and senate, special needs consumers, and specialized transportation providers in meeting the goals of this subsection.
(6) The appropriations in this section contain $4,599,000 reappropriated from the 1995-97 biennium.
(7) The high capacity transportation account--state appropriation includes $75,000 for the department to develop a strategy and to identify how the agency would expend additional moneys to enhance the commute trip reduction program. The report would include recommendations for grant programs for employers and jurisdictions to reduce SOV usage and to provide transit incentives to meet future commute trip reduction requirements. The report is due to the legislative transportation committee by January 1, 1998.
(8) In addition to the appropriations contained in this section, the office of financial management shall release the $2,000,000 transportation fund--state funds appropriated for the intercity rail passenger program in the 1995-97 biennium but held in reserve pursuant to section 502, chapter 165, Laws of 1996.
(9) Up to $150,000 of the transportation fund--state appropriation is provided for the management and control of the transportation corridor known as the Milwaukee Road corridor owned by the state between Ellensburg and Lind, and to take actions necessary to allow the department to be in a position, with further legislative authorization, to begin to negotiate a franchise with a rail carrier to establish and maintain a rail line over portions of the corridor by July 1, 1999.
(((11))) (10) $4,000,000 of the high capacity transportation account--state appropriation for passenger rail infrastructure improvement is provided solely for rail improvements to add rail passenger service north of Seattle. These funds are conditioned on match of at least equal amounts from both Burlington Northern Sante Fe and Amtrak for rail line improvements and upon Amtrak purchasing an additional train set for operation in the corridor. These funds shall not be expended until authorized by the legislative transportation committee and the office of financial management; and the participation of international partners in service provided in the corridor shall be considered in such a decision.
Sec. 519. 1998 c 348 s 221 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z
Motor Vehicle Fund--State Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((9,802,000))
9,862,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . .$ 33,726,000
High Capacity Transportation Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((650,000))
450,000
Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 1,175,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((45,353,000))
45,213,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle fund--state appropriation includes $1,785,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1). The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) As a condition of receiving the full state subsidy in support of the Puget Island ferry, Wahkiakum county must, by December 31, 1997, increase ferry fares for passengers and vehicles by at least ten percent. If the fares are not increased to meet this requirement, the department, in determining the state subsidy after December 31, 1997, shall reduce the operating deficit by the amount that would have been generated if the ten percent fare increase had been implemented.
(3) The appropriations in this section contain $1,750,000 reappropriated from the 1995-97 biennium.
(4) Up to $500,000 of the high capacity transportation account--state appropriation is provided for implementation of the recommendations of the freight mobility advisory committee, and any legislation enacted resulting from those recommendations.
(5) $175,000 of the transportation fund--state appropriation is provided solely to fund the freight mobility strategic investment board. If Second Substitute House Bill No. 2180 is not enacted by June 30, 1998, this amount shall lapse.
(6) The transportation account--state appropriation includes $600,000 to establish alternatives for flood management and flood hazard reduction projects in the Chehalis Basin. A technical committee comprised of the department of transportation, department of ecology, the United States army corps of engineers, federal emergency management administration, United States geological survey, affected counties and tribes, and other entities with critical knowledge related to flood hazard reduction projects in the Chehalis Basin shall be formed. Funds shall be distributed to counties within the Chehalis Basin by the department of transportation for projects that further understanding of the causes of flooding and options for flood hazard reduction. Alternatives shall be consistent with fish and habitat recovery efforts. Projects funded shall be coordinated with the technical committee. The department of transportation shall present a report to the legislative transportation committee and other appropriate legislative committees regarding findings and/or progress made by funded projects by December 1, 1998.
(((8))) (7) $750,000 of the motor vehicle fund--state appropriation is provided solely for a median barrier upon the Spokane street viaduct. Use of this funding is contingent upon a commitment of funding from other partners for the remainder of the project cost.
(((9))) (8) Up to $150,000 of the high capacity transportation account--state appropriation is provided for the installation of active railroad crossing warning devices at the Sunnyside beach park entrance in Steilacoom.
(((10))) (9) $400,000 of the transportation fund--state appropriation is provided solely for a study by the legislative transportation committee, in cooperation with the port of Benton, developing a strategic corridor feasibility and master site plan for the port of Benton. If the port of Benton does not provide at least $200,000 to fund
the plan development, the transportation fund--state appropriation referenced in this subsection shall lapse and this subsection shall be null and void.
Transportation Agencies Capital Facilities
Sec. 520. 1997 c 457 s 303 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)--CAPITAL
Motor Vehicle Fund--Transportation Capital
Facilities Account--State Appropriation. . . . . . . . . . . . . . . . . . . . .$ ((21,696,000))
21,261,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The department of transportation shall provide to the legislative transportation committee prior notice and the latest project information at least two weeks in advance of the bid process for transportation capital facilities projects going to bid in the 1997-99 biennium.
(2) Construction of the Mount Rainier storage facility shall not commence until the department has secured an operational lease that would allow the placement of the facility on United States forest service lands near the entrance to the Mather memorial parkway.
(3) The appropriation in this section contains $7,719,000 reappropriated from the 1995-97 biennium.
Transfers and Distributions
Sec. 521. 1998 c 348 s 402 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Motor Vehicle Fund--Puget Sound Capital
Construction Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ 500,000
Motor Vehicle Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 130,000
Transportation Improvement Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 200,000
Special Category C Account Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 190,000
Transportation Capital Facilities Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000
Urban Arterial Account Appropriation. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000
TOTAL APPROPRIATION. . . . . . . . . . . .$ ((1,995,000))
1,026,000
Sec. 522. 1998 c 348 s 404 (uncodified) is amended to read as follows:
(1) R V Account--State Appropriation:
For transfer to the Motor Vehicle Fund--State. . .. . . . . . . . . . . . . . . . .$ 1,176,000
(2) Motor Vehicle Fund--State Appropriation:
For transfer to the Transportation Capital
Facilities Account--State. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 42,569,000
(3) ((Small City Account--State Appropriation:
For transfer to the Transportation Improvement
Account--State. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,500,000))
Motor Vehicle Fund--State Appropriation:
For transfer to the Highway Infrastructure
Account--State. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 234,000
Sec. 523. 1997 c 457 s 403 (uncodified) is amended to read as follows:
City Hardship Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 200,000
Motor Vehicle Fund Appropriation for motor
vehicle fuel tax and overload penalties
distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 471,937,000
Transportation Fund Appropriation for motor vehicle
excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((3,744,000))
118,747,000
TOTAL APPROPRIATION. . . . . . . . . . . .$ ((475,881,000))
590,884,000
Miscellaneous
NEW SECTION. Sec. 524. A new section is added to 1997 c 457 (uncodified) to read as follows:
INFORMATION SYSTEMS PROJECTS. Agencies shall comply with the following requirements regarding information systems projects when specifically directed to do so by this act.
(1) Agency planning and decisions concerning information technology shall be made in the context of its information technology portfolio. "Information technology portfolio" means a strategic management approach in which the relationships between agency missions and information technology investments can be seen and understood, such that: Technology efforts are linked to agency objectives and business plans; the impact of new investments on existing infrastructure and business functions are assessed and understood before implementation; and agency activities are consistent with the development of an integrated, nonduplicative state-wide infrastructure.
(2) Agencies shall use their information technology portfolios in making decisions on matters related to the following:
(a) System refurbishment, acquisitions, and development efforts;
(b) Setting goals and objectives for using information technology in meeting legislatively-mandated missions and business needs;
(c) Assessment of overall information processing performance, resources, and capabilities;
(d) Ensuring appropriate transfer of technological expertise for the operation of any new systems developed using external resources; and
(e) Progress toward enabling electronic access to public information.
(3) The agency shall produce a feasibility study for information technology projects at the direction of the information services board and in accordance with published department of information services policies and guidelines. At a minimum, such studies shall include a statement of: (a) The purpose or impetus for change; (b) the business value to the agency, including an examination and evaluation of benefits, advantages, and cost; (c) a comprehensive risk assessment based on the proposed project's impact on both citizens and state operations, its visibility, and the consequences of doing nothing; (d) the impact on agency and state-wide information infrastructure; and (e) the impact of the proposed enhancements to an agency's information technology capabilities on meeting service delivery demands.
(4) The agency shall produce a comprehensive management plan for each project. The plan or plans shall address all factors critical to successful completion of each project. The plan(s) shall include, but is not limited to, the following elements: A description of the problem or opportunity that the information technology project is intended to address; a statement of project objectives and assumptions; a definition and schedule of phases, tasks, and activities to be accomplished; and the estimated cost of each phase. The planning for the phased approach shall be such that the business case justification for a project needs to demonstrate how the project recovers cost or adds measurable value or positive cost benefit to the agency's business functions within each development cycle.
(5) The agency shall produce quality assurance plans for information technology projects. Consistent with the direction of the information services board and the published policies and guidelines of the department of information services, the quality assurance plan shall address all factors critical to successful completion of the project and successful integration with the agency and state information technology infrastructure. At a minimum, quality assurance plans shall provide time and budget benchmarks against which project progress can be measured, a specification of quality assurance responsibilities, and a statement of reporting requirements. The quality assurance plans shall set out the functionality requirements for each phase of a project.
(6) A copy of each feasibility study, project management plan, and quality assurance plan shall be provided to the department of information services, the office of financial management, and legislative fiscal committees. The plans and studies shall demonstrate a sound business case that justifies the investment of taxpayer funds on any new project, an assessment of the impact of the proposed system on the existing information technology infrastructure, the disciplined use of preventative measures to mitigate risk, and the leveraging of private-sector expertise as needed. Authority to expend any funds for individual information systems projects is conditioned on the approval of the relevant feasibility study, project management plan, and quality assurance plan by the department of information services and the office of financial management.
(7) Quality assurance status reports shall be submitted to the department of information services, the office of financial management, and legislative fiscal committees at intervals specified in the project's quality assurance plan.
NEW SECTION. Sec. 525. The following acts or parts of acts are each repealed:
(1) 1997 c 457 s 502;
(2) 1997 c 457 s 514; and
(3) 1997 c 457 s 515.
PART VI
PROVISIONS NECESSARY TO IMPLEMENT APPROPRIATIONS
NEW SECTION. Sec. 601. As a management tool to reduce costs and make more effective use of resources, while improving employee productivity and morale, agencies may offer voluntary separation and/or downshifting incentives and options according to procedures and guidelines established by the department of personnel and the department of retirement systems, in consultation with the office of financial management. The options may include, but are not limited to, financial incentives for: Voluntary resignation and retirement, voluntary leave-without-pay, voluntary workweek or work hour reduction, voluntary downward movement, and temporary separation for development purposes.
Agency plans and offers shall be reviewed and monitored jointly by the department of personnel, office of financial management, and the department of retirement systems. The senate transportation committee and the house of representatives transportation committee shall also review and monitor the plans of agencies that receive funds appropriated under this act.
NEW SECTION. Sec. 602. It is the intent of the legislature that agencies may implement a voluntary retirement incentive program that is cost neutral or results in cost savings provided that such program is approved by the director of financial management. Agencies participating in this authorization are required to submit a report by June 30, 2001, to the legislature and the office of financial management on the outcome of their approved retirement incentive program. The report should include information on the details of the program including resulting service delivery changes, agency efficiencies, the cost of the retirement incentive per participant, the total cost to the state and the projected or actual net dollar and staff savings over the 1999-2001 biennium.
NEW SECTION. Sec. 603. PERFORMANCE BASED BUDGETING. (1) The department of licensing, the department of transportation, the Washington state patrol, and the Washington traffic safety commission, in cooperation with the office of financial management, the senate transportation committee, and the house of representatives transportation committee will continue the implementation of performance based budgeting. The performance based budgeting process will provide a measurable link between agency objectives, service levels, and budget. The agencies shall:
(a) Continue to develop, enhance, validate, and test indicators of performance, stated in achieving the agencies' goals; and
(b) Refine performance based budgeting and investment levels in the following programs:
(i) Department of transportation: Maintenance program M, preservation program P, traffic operations program Q, and marine program X;
(ii) Department of licensing: Driver's services and vehicle services;
(iii) Washington state patrol: Field operations bureau; and
(iv) Washington traffic safety commission; and
(c) Submit and implement a plan to provide program managers with the training and technical assistance necessary to extend the practices of performance measurement and performance based budgeting throughout agency programs.
(2) The transportation agencies shall submit a strategic plan and activity summary with their agency request budgets and tie the plan's strategies together with the 2001-2003 budget requests. The strategic plan must include a six-year outlook and define and clarify the agency mission and vision, provide the basis for budget development, and outline and prioritize the agency's goals and strategies. The agencies will continue to improve agency infrastructures to capture and report performance data for use by agency management, the office of financial management, the senate transportation committee, and the house of representatives transportation committee in the decision making process.
(3)(a) The agencies shall input monthly their financial information and quarterly program performance measurements into the transportation executive information system and will utilize the transportation executive information system investment system in the development of their agency policy request budgets.
(b) The department of licensing and the Washington state patrol shall submit budgets to the legislature at the subprogram level.
NEW SECTION. Sec. 604. PROGRAM ACCOUNTABILITY REVIEWS. The senate transportation committee, the house of representatives transportation committee, the office of financial management, and the transportation agencies shall establish the means of conducting program accountability reviews of all transportation programs. The reviews shall include:
(1) Review and analysis of existing programs to determine any program changes required to meet established criteria along with the list of programs to be reviewed as determined by the program accountability review steering committee made up of the senate transportation committee, the house of representatives transportation committee, the office of financial management, and agency personnel. Each review will have a plan with timelines, deliverables, and milestones to ensure it is completed on time with anticipated deliverables. Each review will have a review accountability report presented to the senate transportation committee and the house of representatives transportation committee with recommendations and implementation schedule agreed to by the reviewers and the agency program being reviewed.
(2) A concentration on:
(a) Appropriateness of service objectives used to determine service levels;
(b) Effectiveness of current management systems;
(c) Development or improvement of existing outcome, output, efficiency, and effectiveness performance measures;
(d) The effectiveness of communication and decision making within the program;
(e) Staffing levels and organizational structure, including changes to roles and responsibilities;
(f) The existence and effectiveness of oversight and control measures within the program;
(g) The process of distributing funds and staff among activities;
(h) Methods for making trade off decisions within and between programs and activities;
(i) Development of tools that assist policymakers and managers in using performance measures and investment tradeoff methods;
(j) Development of long-term investment strategies; and
(k) Other program items that would be beneficial to include in the program accountability review.
(3) The recommendations will be considered in future biennium transportation budgets in determining whether to enhance, streamline, retain, reduce, or eliminate programs based on value and benefits provided to the state.
NEW SECTION. Sec. 605. (1) Forty percent of the funds available for surface transportation flexible funds available under Sections 105(c)(2) and 133(d)(3)(A)(ii) of Title 23, United States Code are made available for the Washington state department of transportation.
(2) Twenty-two percent of the funds available for surface transportation flexible funds available under Sections 105(c)(2) and 133(d)(3)(A)(ii) of Title 23, United States Code are made available for rural economic development projects in rural counties with population densities of less than one hundred persons per square mile pro rata based on population and community empowerment zones as defined in RCW 43.63A.700. These funds shall be used for the transportation component of identified, emerging, nonspeculative economic development projects that create new employment or revitalize existing business. As required under federal law, these funds shall be administered by the Washington state department of transportation. The community economic revitalization board within the department of community, trade, and economic development shall work with local project proponents and the Washington state department of transportation to identify economic development projects with essential transportation components. The board shall make recommendations regarding funding for a project's transportation component to the Washington state transportation commission. Beginning in the fiscal year 2000, any economic development funds that are not obligated from the prior federal fiscal year by June first of each year shall be available for economic development projects state-wide in accordance with the same administration and selection process established in this subsection for rural economic development projects.
(3) Thirty-eight percent of the funds available for surface transportation flexible funds available under Sections 105(c)(2) and 133(d)(3)(A)(ii) of Title 23, United States Code are made available for the state-wide competitive program for regionally significant projects. The transportation improvement board shall be responsible for selecting projects under this program. For federal fiscal years 2000 and 2001, to be eligible, projects shall: (a) Meet the criteria established by the transportation improvement board for selecting regionally significant projects; (b) be included in a metropolitan planning organization's transportation improvement plan; (c) meet the goal of targeting funds for coordinated projects within corridors that are regionally significant; and (d) support the functioning of corridors for their full length rather than in individual spot improvements.
Sec. 606. RCW 43.19.1906 and 1995 c 269 s 1404 are each amended to read as follows:
Insofar as practicable, all purchases and sales shall be based on competitive bids, and a formal sealed bid procedure shall be used as standard procedure for all purchases and contracts for purchases and sales executed by the state purchasing and material control director and under the powers granted by RCW 43.19.190 through 43.19.1939. This requirement also applies to purchases and contracts for purchases and sales executed by agencies, including educational institutions, under delegated authority granted in accordance with provisions of RCW 43.19.190 or under RCW 28B.10.029. However, formal sealed bidding is not necessary for:
(1) Emergency purchases made pursuant to RCW 43.19.200 if the sealed bidding procedure would prevent or hinder the emergency from being met appropriately;
(2) Purchases not exceeding thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management: PROVIDED, That the state director of general administration shall establish procedures to assure that purchases made by or on behalf of the various state agencies shall not be made so as to avoid the thirty-five thousand dollar bid limitation, or subsequent bid limitations as calculated by the office of financial management: PROVIDED FURTHER, That the state purchasing and material control director is authorized to reduce the formal sealed bid limits of thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, to a lower dollar amount for purchases by individual state agencies if considered necessary to maintain full disclosure of competitive procurement or otherwise to achieve overall state efficiency and economy in purchasing and material control. Quotations from four hundred dollars to thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be secured from at least three vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. The agency shall invite at least one quotation each from a certified minority and a certified women-owned vendor who shall otherwise qualify to perform such work. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry. A record of competition for all such purchases from four hundred dollars to thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be documented for audit purposes. Purchases up to four hundred dollars may be made without competitive bids based on buyer experience and knowledge of the market in achieving maximum quality at minimum cost: PROVIDED, That this four hundred dollar direct buy limit without competitive bids may be increased incrementally as required to a maximum of eight hundred dollars, if warranted by increases in purchasing costs due to inflationary trends;
(3) Purchases which are clearly and legitimately limited to a single source of supply and purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation;
(4) Purchases of insurance and bonds by the risk management office under RCW 43.19.1935;
(5) Purchases and contracts for vocational rehabilitation clients of the department of social and health services: PROVIDED, That this exemption is effective only when the state purchasing and material control director, after consultation with the director of the division of vocational rehabilitation and appropriate department of social and health services procurement personnel, declares that such purchases may be best executed through direct negotiation with one or more suppliers in order to expeditiously meet the special needs of the state's vocational rehabilitation clients;
(6) Purchases by universities for hospital operation or biomedical teaching or research purposes and by the state purchasing and material control director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, made by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital group purchasing organizations;
(7) Purchases by institutions of higher education not exceeding thirty-five thousand dollars: PROVIDED, That for purchases between two thousand five hundred dollars and thirty-five thousand dollars quotations shall be secured from at least three vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. For purchases between two thousand five hundred dollars and thirty-five thousand dollars, each institution of higher education shall invite at least one quotation each from a certified minority and a certified women-owned vendor who shall otherwise qualify to perform such work. A record of competition for all such purchases made from two thousand five hundred to thirty-five thousand dollars shall be documented for audit purposes; and
(8) Negotiation of a contract by the department of transportation, valid until June 30, 2001, with registered tow truck operators to provide roving service patrols in one or more Washington state patrol tow zones whereby those registered tow truck operators wishing to participate would cooperatively, with the department of transportation, develop a demonstration project upon terms and conditions negotiated by the parties.
Beginning on July 1, 1995, and on July 1 of each succeeding odd-numbered year, the dollar limits specified in this section shall be adjusted as follows: The office of financial management shall calculate such limits by adjusting the previous biennium's limits by the appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest one hundred dollars.
Sec. 607. RCW 88.16.090 and 1995 c 175 s 1 are each amended to read as follows:
(1) A person may pilot any vessel subject to the provisions of this chapter on waters covered by this chapter only if appointed and licensed to pilot such vessels on said waters under and pursuant to the provisions of this chapter.
(2) A person is eligible to be appointed a pilot if the person is a citizen of the United States, over the age of twenty-five years and under the age of seventy years, a resident of the state of Washington at the time of appointment and only if the pilot applicant holds as a minimum, a United States government license as a master of ocean or near coastal steam or motor vessels of not more than one thousand six hundred gross tons or as a master of inland steam or motor vessels of not more than one thousand six hundred gross tons, such license to have been held by the applicant for a period of at least two years prior to taking the Washington state pilotage examination and a first class United States endorsement without restrictions on that license to pilot in the pilotage districts for which the pilot applicant desires to be licensed, and if the pilot applicant meets such other qualifications as may be required by the board. A person applying for a license under this section shall not have been convicted of an offense involving drugs or the personal consumption of alcohol in the twelve months prior to the date of application. This restriction does not apply to license renewals under this section.
(3) Pilots shall be licensed hereunder for a term of five years from and after the date of the issuance of their respective state licenses. Such licenses shall thereafter be renewed as of course, unless the board shall withhold same for good cause. Each pilot shall pay to the state treasurer an annual license fee as follows: For the period beginning July 1, 1995, through June 30, ((1999)) 2001, the fee shall be two thousand five hundred dollars; and for the period beginning July 1, ((1999)) 2001, the fee shall be three thousand dollars. The fees shall be deposited in the state treasury to the credit of the pilotage account. The board may assess partially active or inactive pilots a reduced fee.
(4) Pilot applicants shall be required to pass a written and oral examination administered and graded by the board which shall test such applicants on this chapter, the rules of the board, local harbor ordinances, and such other matters as may be required to compliment the United States examinations and qualifications. The board shall hold examinations at such times as will, in the judgment of the board, ensure the maintenance of an efficient and competent pilotage service. An examination shall be scheduled for the Puget Sound pilotage district if there are three or fewer successful candidates from the previous examination who are waiting to become pilots in that district.
(5) The board shall develop an examination and grading sheet for each pilotage district, for the testing and grading of pilot applicants. The examinations shall be administered to pilot applicants and shall be updated as required to reflect changes in law, rules, policies, or procedures. The board may appoint a special independent examination committee or may contract with a firm knowledgeable and experienced in the development of professional tests for development of said examinations. Active licensed state pilots may be consulted for the general development of examinations but shall have no knowledge of the specific questions. The pilot members of the board may participate in the grading of examinations. If the board does appoint a special examination development committee it is authorized to pay the members of said committee the same compensation and travel expenses as received by members of the board. When grading examinations the board shall carefully follow the grading sheet prepared for that examination. The board shall develop a "sample examination" which would tend to indicate to an applicant the general types of questions on pilot examinations, but such sample questions shall not appear on any actual examinations. Any person who willfully gives advance knowledge of information contained on a pilot examination is guilty of a gross misdemeanor.
(6) All pilots and applicants are subject to an annual physical examination by a physician chosen by the board. The physician shall examine the applicant's heart, blood pressure, circulatory system, lungs and respiratory system, eyesight, hearing, and such other items as may be prescribed by the board. After consultation with a physician and the United States coast guard, the board shall establish minimum health standards to ensure that pilots licensed by the state are able to perform their duties. Within ninety days of the date of each annual physical examination, and after review of the physician's report, the board shall make a determination of whether the pilot or candidate is fully able to carry out the duties of a pilot under this chapter. The board may in its discretion check with the appropriate authority for any convictions of offenses involving drugs or the personal consumption of alcohol in the prior twelve months.
(7) The board shall prescribe, pursuant to chapter 34.05 RCW, a number of familiarization trips, between a minimum number of twenty-five and a maximum of one hundred, which pilot applicants must make in the pilotage district for which they desire to be licensed. Familiarization trips any particular applicant must make are to be based upon the applicant's vessel handling experience.
(8) The board may require vessel simulator training for a pilot applicant and shall require vessel simulator training for a pilot subject to RCW 88.16.105. The board shall also require vessel simulator training in the first year of active duty for a new pilot and at least once every five years for all active pilots.
(9) The board shall prescribe, pursuant to chapter 34.05 RCW, such reporting requirements and review procedures as may be necessary to assure the accuracy and validity of license and service claims, and records of familiarization trips of pilot candidates. Willful misrepresentation of such required information by a pilot candidate shall result in disqualification of the candidate.
(10) The board shall adopt rules to establish time periods and procedures for additional training trips and retesting as necessary for pilots who at the time of their licensing are unable to become active pilots.
NEW SECTION. Sec. 608. The following bills, as enacted in the form passed by the legislature, are necessary to implement portions of this act: House Bill Nos. 1053, 1147, 1304, 1466, 1588, 2201, 2245, and 2259 and Senate Bill Nos. 5060, 5283, 5360, 5605, 5615, 5955, 6030, and 6068.
Sec. 609. RCW 47.26.425 and 1999 c 94 s 21 and 1999 c . . . (SHB 1053) s 6 are each reenacted to read as follows:
Any funds required to repay the first authorization of two hundred million dollars of bonds authorized by RCW 47.26.420, as amended by section 18, chapter 317, Laws of 1977 ex. sess. or the interest thereon when due, shall be taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on motor vehicle and special fuels and which is distributed to the urban arterial trust account in the motor vehicle fund pursuant to RCW 46.68.090(1)(g), and shall never constitute a charge against any allocations of any other such funds in the motor vehicle fund to the state, counties, cities, and towns unless and until the amount of the motor vehicle fund arising from the excise tax on motor vehicle and special fuels and distributed to the urban arterial trust account proves insufficient to meet the requirements for bond retirement or interest on any such bonds.
Sec. 610. RCW 47.26.4252 and 1999 c 94 s 22 and 1999 c . . . (SHB 1053) s 7 are each reenacted to read as follows:
Any funds required to repay the authorization of series II bonds authorized by RCW 47.26.420, as reenacted by section 3, chapter 5, Laws of 1979, or the interest thereon when due, shall first be taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on motor vehicle and special fuels imposed by chapters 82.36 and 82.38 RCW and which is distributed to the urban arterial trust account in the motor vehicle fund pursuant to RCW 46.68.090(1)(g), subject, however, to the prior lien of the first authorization of bonds authorized by RCW 47.26.420, as reenacted by section 3, chapter 5, Laws of 1979. If the moneys distributed to the urban arterial trust account shall ever be insufficient to repay the first authorization bonds together with interest thereon, and the series II bonds or the interest thereon when due, the amount required to make such payments on such bonds or interest thereon shall next be taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on motor vehicle and special fuels and which is distributed to the state, counties, cities, and towns pursuant to RCW 46.68.090. Any payments on such bonds or interest thereon taken from motor vehicle or special fuel tax revenues which are distributable to the state, counties, cities, and towns, shall be repaid from the first moneys distributed to the urban arterial trust account not required for redemption of the first authorization bonds or series II and series III bonds or interest on those bond issues.
Sec. 611. RCW 47.26.4254 and 1999 c 94 s 23 and 1999 c . . . (SHB 1053) s 8 are each reenacted and amended to read as follows:
(1) Any funds required to repay series III bonds authorized by RCW 47.26.420, or the interest thereon, when due shall first be taken from that portion of the motor vehicle fund that results from the imposition of excise taxes on motor vehicle and special fuels imposed by chapters 82.36 and 82.38 RCW and that is distributed to the urban arterial trust account in the motor vehicle fund pursuant to RCW 46.68.090(1)(((j))) (g), subject, however, to the prior lien of the first authorization of bonds authorized by RCW 47.26.420. If the moneys so distributed to the urban arterial trust account, after first being applied to administrative expenses of the transportation improvement board and to the requirements of bond retirement and payment of interest on first authorization bonds and series II bonds as provided in RCW 47.26.425 and 47.26.4252, are insufficient to meet the requirements for bond retirement or interest on any series III bonds, the amount required to make such payments on series III bonds or interest thereon shall next be taken from that portion of the motor vehicle fund that results from the imposition of excise taxes on motor vehicle and special fuels and that is distributed to the state, counties, cities, and towns pursuant to RCW 46.68.090, subject, however, to subsection (2) of this section.
(2) To the extent that moneys so distributed to the urban arterial trust account are insufficient to meet the requirements for bond retirement or interest on any series III bonds, sixty percent of the amount required to make such payments when due shall first be taken from that portion of the motor vehicle fund that results from the imposition of excise taxes on motor vehicle and special fuels and that is distributed to the state. The remaining forty percent shall first be taken from that portion of the motor vehicle fund that results from the imposition of excise taxes on motor vehicle and special fuels and that is distributed to the cities and towns pursuant to RCW 46.68.090(1)(i) and to the counties pursuant to RCW 46.68.090(1)(j). Of the counties', cities', and towns' share of any additional amounts required in each fiscal year, the percentage thereof to be taken from the counties' distributive share and from the cities' and towns' distributive share shall correspond to the percentage of funds authorized for specific county projects and for specific city and town projects, respectively, from the proceeds of series III bonds, for the period through the first eleven months of the prior fiscal year as determined by the chairman of the transportation improvement board and reported to the state finance committee and the state treasurer not later than the first working day of June.
(3) Any payments on such bonds or interest thereon taken from motor vehicle or special fuel tax revenues that are distributable to the state, counties, cities, and towns shall be repaid from the first moneys distributed to the urban arterial trust account not required for redemption of the first authorization bonds, series II bonds, or series III bonds or interest on these bonds.
Sec. 612. RCW 47.26.505 and 1999 c 94 s 24 and 1999 c . . . (SHB 1053) s 9 are each reenacted and amended to read as follows:
Any funds required to repay such bonds, or the interest thereon when due, shall be taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on motor vehicle and special fuels and which is distributed to the transportation improvement account in the motor vehicle fund under RCW 46.68.090(1)(h), and shall never constitute a charge against any allocations of any other such funds in the motor vehicle fund to the state, counties, cities, and towns unless and until the amount of the motor vehicle fund arising from the excise tax on motor vehicle and special fuels and distributed to the transportation improvement account proves insufficient to meet the requirements for bond retirement or interest on any such bonds.
Sec. 613. RCW 43.43.300 and 1965 c 8 s 43.43.300 are each amended to read as follows:
Beginning on July 1, 1963, every Washington state patrol employee who is a member of the retirement fund shall contribute seven percent of his or her monthly salary((, which)). For the biennium beginning July 1, 1999, and ending June 30, 2001, the employee contribution rate for every member of a retirement system created under this chapter and: (1) Covering employees whose activities constitute a highway purpose under the eighteenth amendment (Article II, section 40) of the state Constitution; where (2) the majority of both the employer and employee contributions are funded from moneys appropriated from the state patrol highway account of the motor vehicle fund; shall be set so that the contribution rates required to fund the costs of the retirement system shall be equal for members and employers; except that in no event shall the member contribution rate exceed seven percent. If the pension funding council determines that contribution rates must exceed seven percent in order to fund the costs of the retirement system, any cost over seven percent shall be borne by the employer. The member contribution rate determined under this section shall be deducted from the compensation of each member on each and every payroll.
In the event a member severs his or her connection with the Washington state patrol or is dismissed, the amount paid by the state of Washington shall remain in the retirement fund.
NEW SECTION. Sec. 614. The joint committee on pension policy shall study the method for setting employer and employee contribution rates for the Washington state patrol retirement system. The study shall include options for implementing a method or methods that allow both the employer and members to share the benefits form investment gains that exceed the long-term investment return assumptions adopted by the pension funding council.
NEW SECTION. Sec. 615. The legislature finds and declares that it is essential for the economic, social, and environmental well-being of the state and the maintenance of a high quality of life that the people of the state have an efficient and effective transportation system. The legislature, public officials, and citizens need to know the extent to which state agencies, programs, and activities that impact the state's transportation system are achieving the purposes for which they were created.
The legislature recognizes that if it is to adequately fulfill its responsibility to provide for a balanced, efficient state-wide transportation system, it is essential to establish a joint legislative transportation committee that will provide an opportunity for members of the house of representatives and the senate to examine, develop, and oversee critical transportation policy and fiscal issues and make recommendations on such issues to the house of representatives and senate standing committees on transportation.
Sec. 616. RCW 44.40.010 and 1980 c 87 s 39 are each amended to read as follows:
The joint fact-finding committee on highways, streets, and bridges originally created by chapter 111, Laws of 1947, recreated and renamed the joint committee on highways by chapter 3, Laws of 1963 extraordinary session, is hereby recreated and renamed the legislative transportation committee. The renaming of said committee shall not affect any powers invested in it or its duties imposed upon it by any other statute. All appropriations made to the committee under its former name shall continue to be available to said committee as renamed, the legislative transportation committee. The committee shall consist of ((eleven)) twelve senators to be appointed by the president of the senate and twelve members of the house of representatives to be appointed by the speaker thereof. Not more than six members from each house may be from the same political party. A list of appointees shall be submitted before the close of each regular legislative session during an odd-numbered year or any successive special session convened by the governor or the legislature prior to the close of such regular session or successive special session(s) for confirmation of senate members, by the senate, and house members, by the house. Vacancies occurring shall be filled by the appointing authority. All vacancies must be filled from the same political party and from the same house as the member whose seat was vacated.
The chair will be elected biennially by the membership of the committee. After January 1, 2001, each succeeding chair must be from the opposite house of the current chair, and be from the majority party. The vice-chair must be from the opposite house.
On the effective date of this act, the president of the senate shall appoint an additional senate member as provided by the 1999 amendment of this section. With the appointment of the additional member, the terms of officers elected before the effective date of this act are terminated, and the committee shall hold a new election of officers.
The committee shall adopt rules and procedures for its orderly operation.
NEW SECTION. Sec. 617. A new section is added to chapter 44.40 RCW to read as follows:
The members of the legislative transportation committee shall form an executive committee consisting of two members from each of the four major political caucuses, which will include the chair and vice-chair of the legislative transportation committee. There will be four alternates to the executive committee, one from each of the four major political caucuses. Each alternate may represent a member from the same political caucus from which they were chosen when that member is absent, and have voting privileges during that absence.
The executive committee is responsible for performing all general administrative and personnel duties assigned to it in the rules and procedures adopted by the committee, as well as other duties delegated to it by the committee. Except when those responsibilities are assumed by the legislative transportation committee, the executive committee is responsible for adopting interim work plans and meeting schedules and approving all contracts signed on behalf of the committee.
NEW SECTION. Sec. 618. FOR THE LEGISLATIVE TRANSPORTATION COMMITTEE
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ 300,000
NEW SECTION. Sec. 619. The following acts or parts of acts are each repealed:
(1) RCW 46.68.095 (Distribution of additional state-wide taxes) and 1999 c 94 s 7, 1994 c 179 s 4, & 1990 c 42 s 103; and
(2) RCW 46.68.100 (Allocation of net tax amount in motor vehicle fund) and 1999 c 94 s 8, 1994 c 179 s 5, 1991 c 310 s 2, 1986 c 66 s 1, 1984 c 7 s 73, 1977 ex.s. c 317 s 9, 1977 c 51 s 1, 1975-'76 2nd ex.s. c 57 s 1, 1973 1st ex.s. c 124 s 1, 1972 ex.s. c 24 s 2, 1970 ex.s. c 85 s 4, 1967 ex.s. c 145 s 79, 1967 ex.s. c 83 s 8, 1961 ex.s. c 7 s 6, & 1961 c 12 s 46.68.100.
NEW SECTION. Sec. 620. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 621. 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, and takes effect immediately.”
Debate ensued.
Senator Johnson demanded a roll call and the demand was sustained.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the adoption of the striking amendment by Senators Haugen, Tim Sheldon and Gardner to Engrossed Substitute House Bill No. 1125.
ROLL CALL
The Secretary called the roll and the striking amendment was adopted by the following vote: Yeas, 33; Nays, 14; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 33. Voting nay: Senators Benton, Deccio, Hale, Honeyford, Johnson, McDonald, Morton, Oke, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 14. Excused: Senators Finkbeiner and Shin - 2.
MOTIONS
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 1 of the title, after "appropriations;" strike the remainder of the title and insert "amending RCW 43.19.1906, 88.16.090, 43.43.300, and 44.40.010; amending 1997 c 457 ss 110, 204, 215, 223, 303, and 403 (uncodified); amending 1998 c 348 ss 203, 205, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 402, and 404 (uncodified); reenacting and amending RCW 47.26.4254 and 47.26.505; reenacting RCW 47.26.425 and 47.26.4252; adding a new section to chapter 44.40 RCW; adding a new section to 1997 c 457 (uncodified); creating new sections; repealing RCW 46.68.095 and 46.68.100; repealing 1997 c 457 s 502 (uncodified); repealing 1997 c 457 s 514 (uncodified); repealing 1997 c 457 s 515 (uncodified); making appropriations; and declaring an emergency."
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute House Bill No. 1125, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1125, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1125, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46. Voting nay: Senator Heavey - 1.
Excused: Senators Finkbeiner and Shin - 2.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1125, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, Engrossed Substitute House Bill No. 1125, as amended by the Senate, was immediately transmitted to the House of Representatives.
PERSONAL PRIVILEGE
Senator Deccio: “A point of personal privilege, Mr. President. As a senior member of the Legislature, I am going to assume a prerogative that I think I want to try to articulate something. Tomorrow, some of the things that were said on this floor are really going to be felt by the people that said them. I am very proud to be a member of the Washington State Legislature. We don’t do things today like they did forty or fifty years ago. This is an honest place. We differ on issues, but I would swear on a Bible that there is not a person in this body or the other that would ever be corrupt or do things that were dishonest. I really believe that. I think enough of the people who serve here.
“Forty or fifty years ago, it wasn’t that way. Senator Zarelli is correct, but let’s don’t let the past haunt the reputations of the present. I think that Senator Benton and Senator Haugen have done a tremendous job of representing this side of the rotunda. When we leave here, I think we don’t want to leave a bad taste in the mouths of anybody, particularly the public, who really don’t look very kindly on us.
“I just need to make this statement that this is an honest body; the House is an honest body. We may disagree on issues, but that is what we get the big bucks for. Thank you.”
MOTION
At 6:12 p.m., on motion of Senator Betti Sheldon, the Senate recessed until 7:45 p.m.
The Senate was called to order at 8:48 p.m. by President Pro Tempore Wojahn.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the third order of business.
MESSAGE FROM THE SECRETARY OF STATE
The Honorable Brad Owen
President of the Senate
Legislature of the State of Washington
Olympia, Washington 98504
Dear President Owen:
We respectfully transmit for your consideration the following bills that have been partially vetoed by the Governor, together with the official veto message setting forth his objections to the sections or items of the bills, as required by Article III, section 12, of the Washington State Constitution:
SENATE BILL NO. 5127,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5508,
ENGROSSED SENATE BILL NO. 5649,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5693,
SUBSTITUTE SENATE BILL NO. 5781,
SUBSTITUTE SENATE BILL NO. 5968, and
SUBSTITUTE SENATE BILL NO. 6001.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed the seal of the State of Washington, this 19th day of
May, 1999.
RALPH MUNRO
(Seal) Secretary of State
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SENATE BILL NO. 5127
May 18, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 1, Senate Bill No. 5127 entitled:
"AN ACT Relating to investigations of abuse or neglect;"
Senate Bill No. 5127 requires specialized training for law enforcement officers and caseworkers who investigate allegations of child sexual abuse. It also prohibits a law enforcement officer from participating in an investigation of alleged abuse concerning a child for whom the officer is a parent, guardian or foster parent.
The training required by Senate Bill No. 5127 is not adequately funded by the operating budget for the 1999-2001 biennium that I signed on May 14, 1999. To fully implement the required training, the legislature must appropriate at least $537,000 in supplemental funds next year.
The process of investigating child abuse allegations and prosecuting alleged perpetrators is complex and must adhere to many laws and procedures. Section 1 of Senate Bill No. 5127 is sufficiently vague that it could be misconstrued to alter existing law. Vetoing it does not weaken the substance of this bill.
For these reasons, I have vetoed section 1 of Senate Bill No. 5127.
With the exception of section 1, Senate Bill No. 5127 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 5508
May 18, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 2 and 3, Engrossed Substitute Senate Bill No. 5508 entitled:
"AN ACT Relating to catch record card requirements for recreational crab fishers;"
Engrossed Substitute Senate Bill No. 5508 requires the Department of Fish and Wildlife to utilize crab catch record cards in determining the recreational harvest of crab. Sections 2 and 3 of the bill would require recreational Dungeness crab fishers to have catch record cards on July 15, 1999, before they could fish. While I support the intent of this bill, the 1999 Dungeness crab license year has already begun, and this requirement would create significant difficulties for fishers who have already purchased licenses. It would also be practically impossible for the Department of Fish and Wildlife to notify crab fishers, and create and distribute catch record cards by mid-July.
The Department of Fish and Wildlife strongly agrees that catch record cards would be very valuable in tracking crab harvest and population statistics. And, it has committed to implementing the program by administrative rule, effective with the next license year beginning in April 2000.
For these reasons, I have vetoed sections 2 and 3 of Engrossed Substitute Senate Bill No. 5508.
With the exception of sections 2 and 3, Engrossed Substitute Senate Bill No. 5508 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SENATE BILL NO. 5649
May 18, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 8, Engrossed Senate Bill No. 5649 entitled:
"AN ACT Relating to vehicle impound notices, security, and auctions;"
Engrossed Senate Bill No. 5649 helps make vehicle impoundment and release more efficient, provides protections for tow truck operators, and enacts several related miscellaneous provisions.
Under current law, when a tow truck operator auctions an abandoned vehicle, any proceeds above towing and storage charges must be sent to the Department of Licensing for deposit in the Motor Vehicle Fund. The owner who abandoned the auctioned vehicle can recover the proceeds by filing a claim within one year – however, most do not.
Section 8 of Engrossed Senate Bill No. 5649 would require tow truck operators to send excess auction proceeds directly to the owner of the abandoned vehicle, instead of the Motor Vehicle Fund. However, there is no provision for disposition of the proceeds if the owner cannot be located. This change would reduce Motor Vehicle Fund revenue by nearly $700,000 in the next biennium, depriving the state of funds for needed transportation projects. Present law sufficiently protects owners who care to file claims for excess auction proceeds.
For these reasons, I have vetoed section 8 of Engrossed Senate Bill No. 5649.
With the exception of section 8, Engrossed Senate Bill No. 5649 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 5693
May 18, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 3 and 6, Engrossed Substitute Senate Bill No. 5693 entitled:
"AN ACT Relating to establishing a public/private endowment for developmental disabilities services;"
Engrossed Substitute Senate Bill No. 5693 creates a developmental disabilities fund that is funded through private contributions and state appropriations. Its intent is to encourage and assist families engaging in long-range financial planning for the lifetime care of family members with disabilities by seeking private contributions to a state managed endowment.
While I agree with this intent and understand the desire of parents to make sure that they have planned for the lifetime care of a family member with disabilities, there are many fundamental policy issues unanswered in this bill:
● The legislation contains no definition of "developmentally disabled." A state-supported endowment should use the same or very similar definition as used in other state-funded programs for people with developmental disabilities in order to allow coordination with existing state-supported programs.
● This legislation provides no opportunity for the State Investment Board to invest in non-governmental securities.
● This legislation does not preclude using state funds for additional services beyond the case management plan. State dollars should not be used to fund additional services beyond a case management plan.
● It needs clarification that while a governing board will work out the rules in concert with the Department of Community, Trade and Economic Development (CTED), it is CTED that will formally adopt the rules. CTED should adopt any rules needed to govern provision of services and dispersal of funds.
● It is unclear if the program is just for individuals whose families contribute, or for all families. Provisions must be made for distribution of funds when contributions are made by entities that do not have family members benefiting from the fund.
● It is unclear as to the responsibility of the endowment fund when funds last longer than the life of a person with developmental disabilities or when the person lives longer than fund contributions.
Section 3 of the bill is related to the powers of the State Investment Board with regard to the endowment. Section 6 relates to the development of the proposed operating plan. My intent with this veto is to allow the creation of an endowment, but remove mechanisms for distribution of funds and functions for the governing board. I anticipate that the policy concerns I have outlined will be dealt with during the next legislative session.
For these reasons, I have vetoed sections 3 and 6 of Engrossed Substitute Senate Bill No. 5693.
With the exception of sections 3 and 6, Engrossed Substitute Senate Bill No. 5693 is approved.
Respectfully submitted,
GARY LOCK, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 5781
May 18, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 6, 7, and 8, Substitute Senate Bill No. 5781 entitled:
"AN ACT Relating to the commute trip reduction tax credit;"
Substitute Senate Bill No. 5781 extends the commute trip reduction (CTR) tax credit to June 30, 2006 and continues the current policy of using the Air Pollution Control Account (APCA) to reimburse the State General Fund for the first $1.5 million of tax credits given each year.
Sections 6 and 7 of the bill would extend the entire CTR tax credit program to December 31, 2006. Based upon the last proposed legislative transportation budget, this bill as drafted, combined with the operating budget for the 1999-2001 biennium, creates a shortfall in the APCA of between $1.3 million and $2.4 million in the next biennium.
I support extension of the CTR tax credit as a means of reducing traffic congestion. However, I cannot in good faith support the long-term implementation of the statutory changes contained in sections 1 through 5 of this bill unless the legislature also provides a solution to the projected deficit in the APCA.
The deficit in the APCA could result in increases in air pollution because of reduced technical assistance, voluntary compliance, and monitoring efforts. The state's margin of safety in healthy air standards in some areas is already in jeopardy due to our inability to adequately track and respond to changes in air pollution emissions. In the central Puget Sound region and the city of Vancouver, for example, the margin of safety for ozone pollution is one percent of current emissions. A return to non-attainment of the ozone standard is already extremely likely in light of the separate overall ten percent reduction in the Department of Ecology's current level of effort. A shortfall in the APCA would exacerbate this problem.
For areas that fall into non-attainment, we risk losing several million dollars of federal air pollution control grant money and hundreds of millions in federal transportation funds for expanding roadway capacity. We could be forced to restrict business growth when air quality fails to meet federal standards. We risk more federal intervention and less local control of air quality decisions, not to mention increasing costs to businesses to implement tighter federal controls.
I am directing the Office of Financial Management to work with the Department of Ecology, Department of Transportation, Legislative Transportation Committee, Senate Ways and Means Committee, and House Appropriations Committee to develop a workable proposal for funding the APCA and the CTR tax credit program, for implementation during the 2000 regular legislative session.
Section 8 of the bill is an unnecessary emergency clause that would require this bill to take effect July 1, 1999.
For these reasons, I have vetoed sections 6, 7, and 8 of Substitute Senate Bill No. 5781.
With the exception of sections 6, 7, and 8, Substitute Senate Bill No. 5781 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 5968
May 18, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 2(14), Substitute Senate Bill No. 5968 entitled:
"AN ACT Relating to human services;"
Substitute Senate Bill No. 5968 establishes a Pro-Share program with the federal government that will fund nursing homes operated by public hospital districts.
Section 2(14) of the bill is an appropriation item proviso that would require the Department of Social and Health Services – Medical Assistance Administration to provide chiropractic services to adults. However, additional funding is not provided. This unfunded mandate would force the Medical Assistance Administration to reduce services elsewhere. While chiropractic services can be very beneficial, I do not believe other services of the Medical Assistance Administration should be reduced to provide them.
For these reasons, I have vetoed section 2(14) of Substitute Senate Bill No. 5968.
With the exception of section 2(14), Substitute Senate Bill No. 5968 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SUBSTITUTE SENATE BILL NO. 6001
May 18, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to sections 1 and 6, Substitute Senate Bill No. 6001 entitled:
"AN ACT Relating to the office of family and children's ombudsman;"
Substitute Senate Bill No. 6001 expands the scope of information available to the Family and Children's Ombudsman. Among other things, it permits guardians ad litem and service providers to give confidential information to the Ombudsman, and requires the Department of Social and Health Services (DSHS) to provide access to institutions and information. It also prohibits retaliatory action against employees of DSHS and others who properly provide information.
Section 1 of Substitute Senate Bill No. 6001 includes a requirement that the Ombudsman provide information to a legislator regarding a constituent, if the constituent has given his or her consent to release the information and if the constituent would otherwise be able to obtain the information under law. This provision is apparently intended to require the Ombudsman to provide legislators with DSHS records in the Ombudsman's possession. The provision is unnecessary since, with the above conditions present, legislators are currently able to obtain records directly from DSHS.
Section 6 of Substitute Senate Bill No. 6001 would give the Ombudsman the power to subpoena all records and documents in the possession or control of DSHS that the Ombudsman considers necessary in an investigation. Similarly, section 5 of the bill grants the Ombudsman access to all relevant information, records, or documents in the possession or control of DSHS that the Ombudsman considers necessary in an investigation. I am concerned about expanding the subpoena power in the absence of a compelling need. Since the Ombudsman will have statutory access to all necessary records, there is no compelling need. Additionally, there has never been an instance when DSHS, even without a statutory mandate, has refused to give the Ombudsman all requested records.
For these reasons, I have vetoed sections 1 and 6 of Substitute Senate Bill No. 6001.
With the exception of sections 1 and 6, Substitute Senate Bill No. 6001 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MOTION
On motion of Senator Betti, the partial veto messages on Senate Bill No. 5127, Engrossed Substitute Senate Bill No. 5508, Engrossed Senate Bill No. 5649, Engrossed Substitute Senate Bill No. 5693, Substitute Senate Bill No. 5781, Substitute Senate Bill No. 5968, and Substitute Senate Bill No. 6001 were held on the desk.
MESSAGE FROM THE GOVERNOR
May 18, 1999
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on May 18, 1999, Governor Locke approved the following Senate Bills entitled:
Engrossed Substitute Senate Bill No. 5208
Relating to fertilizer labeling language.
Substitute Senate Bill No. 5418
Relating to K-12 accountability and assistance.
Engrossed Senate Bill No. 5485
Relating to a reserve account for tobacco product manufacturers not participating in the master settlement agreement.
Engrossed Substitute Senate Bill No. 5866
Relating to eliminating component registration of fertilizer products.
Engrossed Second Substitute Senate Bill No. 5931
Relating to electronic filing and publication of campaign finance and lobbyist reports.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fourth order of business.
MESSAGES FROM THE HOUSE
May 18, 1999
MR. PRESIDENT:
The Co-Speakers have signed HOUSE BILL NO. 1203, and the same is herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
May 18, 1999
MR. PRESIDENT:
The House has passed:
HOUSE BILL NO. 2295,
HOUSE BILL NO. 2303, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
May 18, 1999
MR. PRESIDENT:
The House has passed ENGROSSED HOUSE BILL NO. 2297, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
HOUSE BILL NO. 1203.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
HB 2295 by Representatives B. Chandler, Clements, G. Chandler, Sump, McMorris and Mulliken
Providing that growing or packing agricultural products is not a manufacturing activity for tax purposes.
EHB 2297 by Representatives H. Sommers, Doumit and Kenney
Calculating maximum levy amounts.
HB 2303 by Representatives Regala and Buck
Establishing an effective date for the 1999 timber tax credit.
MOTIONS
On motion of Senator Betti Sheldon, House Bill No. 2295 was held on the desk.
MOTIONS
On motion of Senator Betti Sheldon, the rules were suspended and Engrossed House Bill No. 2297 was advanced to second reading and placed on the second reading calendar.
On motion of Senator Betti Sheldon, the rules were suspended and House Bill No. 2303 was advanced to second reading and placed on the second reading calendar.
PERSONAL PRIVILEGE
Senator Heavey: “A point of personal privilege. Thank you, Madam President. Ladies and gentlemen of the Senate. I thought I had made this clear, but I would like to reiterate it. I meant nothing on personalities when I was talking about the Legislative Transportation Committee. In 1989, I introduced a bill in that other body over there to abolish the Legislative Transportation Committee. It is a long-held belief of mine that we should follow the normal process of budget allocations, working their way through the budget, voted on by both bodies and signed by the Governor and that is how it is done. I have a strong objection to any committee having statutory authority to be able to appropriate money themselves.
“I meant nothing--I have the highest regard for all members of this Legislature and I concur with the gentleman from Yakima. I don’t believe there is a dishonest person in this place--I don’t believe there has been a dishonest person in this place since I have been here. I was speaking to an appearance of bad government. It may not be bad; it appears to be bad when you have legislators with their own little budgets making appropriations.
“Anybody that takes offense, I am sorry. Sometimes, I go--when I am in the spirit of debate--I go off into the deep end. I apologize for that and I apologize to any one that I have harmed and that they have taken offense. I hope those on the other side of the rotunda are listening, or at least replay the tape--I realize I’m not the only one. Nothing personal was intended. In fact, the House members on Transportation have the upmost interest in a good transportation system for the state of Washington.
“My concern is with the committee that was created--fifty-two years ago--with appropriation authority. Now, if I am not going far enough, please let me know, because I want to make it clear, it was not aimed at any one individual or individuals or any committee other than the fact that I believe it is wrong to have a statutory committee with statutory appropriation authority. I apologize if I inferred otherwise.”
MOTION
At 8:59 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 9:27 p.m. by President Pro Tempore Wojahn.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
MOTION
On motion of Senator Honeyford, Senator Zarelli was excused.
SECOND READING
ENGROSSED HOUSE BILL NO. 2297, by Representatives H. Sommers, Doumit and Kenney
Calculating maximum levy amounts.
The bill was read the second time.
MOTION
On motion of Senator Snyder, the rules were suspended, Engrossed House Bill No. 2297 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2297.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2297 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 5; Excused, 2.
Voting yea: Senators Bauer, Benton, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 42. Absent: Senators Brown, Costa, Horn, Kline and Roach - 5. Excused: Senators Finkbeiner and Zarelli - 2. ENGROSSED HOUSE BILL NO. 2297, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator McCaslin, Senator Horn was excused.
SECOND READING
HOUSE BILL NO. 2303, by Representatives Regala and Buck
Establishing an effective date for the 1999 timber tax credit.
The bill was read the second time.
MOTION
On motion of Senator Tim Sheldon, the rules were suspended, House Bill No. 2303 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2303.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2303 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 3; Excused, 3.
Voting yea: Senators Bauer, Benton, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 43. Absent: Senators Brown, Costa and Kline - 3. Excused: Senators Finkbeiner, Horn and Zarelli - 3. HOUSE BILL NO. 2303, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 9:34 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Wednesday, May 19, 1999.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate