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SEVENTY-FIFTH DAY

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MORNING SESSION

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Senate Chamber, Cherberg Building, Olympia, Friday, March 23, 2001

      The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senator West. On motion of Senator Honeyford, Senator West was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Brooke Strege and Matthew Lewis, presented the Colors. Reverend Howard Ullery, pastor of the Lacey Community Church, 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.


REPORTS OF STANDING COMMITTEES


March 22, 2001

SHB 1136          Prime Sponsor, House Committee on Agriculture and Ecology: Regarding product standards. Reported by Committee on Environment, Energy and Water


      MAJORITY Recommendation: Do pass. Signed by Senators Fraser, Chair; Regala, Vice Chair; Eide, Hale, Honeyford, Jacobsen, McDonald and Morton.


      Passed to Committee on Rules for second reading.


March 22, 2001

HB 1313            Prime Sponsor, Representative Cox: Changing liability and licensure provisions for private vocational schools. Reported by Committee on Higher Education


      MAJORITY Recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, McAuliffe, Parlette, Sheahan and B. Sheldon.


      Passed to Committee on Rules for second reading.


March 22, 2001

SHB 1349          Prime Sponsor, House Committee on Appropriations: Authorizing a funding mechanism for removal and disposal of derelict vessels. Reported by Committee on Environment, Energy and Water


      MAJORITY Recommendation: Do pass. Signed by Senators Fraser, Chair; Regala, Vice Chair; Eide, Hale, Honeyford, Jacobsen, McDonald and Morton.


      Passed to Committee on Rules for second reading.


March 22, 2001

HB 1567            Prime Sponsor, Representative Fisher: Increasing the penalty for the misuse of abstracts of driving records. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Benton, Eide, Finkbeiner, Horn, Jacobsen, Johnson, Kastama, McAuliffe, McDonald, Oke, Prentice, T. Sheldon, Shin and Swecker.


      Passed to Committee on Rules for second reading.


March 22, 2001

HB 1583            Prime Sponsor, Representative Hatfield: Waiving the motorcycle exam for trained operators. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Benton, Eide, Finkbeiner, Horn, Jacobsen, Johnson, Kastama, McAuliffe, McDonald, Oke, Prentice, T. Sheldon, Shin and Swecker.


      Passed to Committee on Rules for second reading.


March 22, 2001

HB 1623            Prime Sponsor, Representative Kenney: Authorizing four-year public institutions of higher education to participate with the state in investing surplus funds. Reported by Committee on Higher Education





      MAJORITY Recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, McAuliffe, Parlette, Sheahan and B. Sheldon.


      Passed to Committee on Rules for second reading.


March 22, 2001

ESHB 1785        Prime Sponsor, House Committee on Natural Resources: Implementing the recommendations of the joint legislative audit and review committee report regarding capital budget programs investing in the environment. Reported by Committee on Environment, Energy and Water


      MAJORITY Recommendation: Do pass as amended and be referred to Committee on Ways and Means. Signed by Senators Fraser, Chair; Regala, Vice Chair; Eide, Hale, Honeyford, Jacobsen, McDonald and Morton.


      Referred to Committee on Ways and Means.


March 22, 2001

HB 2126            Prime Sponsor, Representative Kenney: Authorizing a college savings plan. Reported by Committee on Higher Education


      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, McAuliffe, Parlette, Sheahan and B. Sheldon.


      Referred to Committee on Ways and Means.


REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS


March 22, 2001

GA 9036            CYNTHIA A. SHIOTA, appointed January 27, 2000, for a term ending September 30, 2005, as a member of the Board of Trustees for Eastern Washington University.

                           Reported by Committee on Higher Education


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, McAuliffe, Parlette, Sheahan and B. Sheldon.


      Passed to Committee on Rules.


March 22, 2001

GA 9046            MARGARET ALLEN, reappointed September 15, 2000, for a term ending June 30, 2004, as a member of the Executive Board of the Washington Public Power Supply System.

                           Reported by Committee on Environment, Energy and Water.


      MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Fraser, Chair; Regala, Vice Chair; Eide, Hale, Honeyford, Jacobsen, McDonald and Morton.


      Passed to Committee on Rules.


March 22, 2001

GA 9050            KELLY BEHNE, appointed May 17, 2000, for a term ending May 31, 2001, as a member of the Board of Trustees for Eastern Washington University.

                           Reported by Committee on Higher Education


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, McAuliffe, Parlette and B. Sheldon.


      Passed to Committee on Rules.


March 22, 2001

GA 9096            NEIL McREYNOLDS, appointed March 1, 2000, for a term ending September 30, 2005, as a member of the Board of Trustees for Eastern Washington University.

                           Reported by Committee on Higher Education


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, McAuliffe, Parlette and B. Sheldon.


      Passed to Committee on Rules.


March 22, 2001

GA 9140            TOM KARIER, appointed January 16, 2001, for a term ending January 15, 2004, as a member of the Pacific Northwest Electric Power and Conservation Planning Council.

                           Reported by Committee on Environment, Energy and Water.


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Fraser, Chair; Regala, Vice Chair; Eide, Hale, Honeyford, Jacobsen, McDonald and Morton.


      Passed to Committee on Rules.


March 22, 2001

GA 9163            SUE CRYSTAL, appointed January 16, 2001, for a term ending at the Governor’s Pleasure as Administrator of the Health Care Authority.

                           Reported by Committee on Health and Long-Term Care.


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Thibaudeau, Chair; Franklin, Vice Chair; Costa, Deccio, Fraser and Winsley


      HOLD.


MOTION


      On motion of Senator Betti Sheldon, the rules were suspended, Gubernatorial Appointment 9163, Sue Crystal, as Administrator for the Health Care Authority, was placed on the second reading calendar.


MESSAGE FROM THE HOUSE

March 22, 2001

MR. PRESIDENT:

      The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1266, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


INTRODUCTION AND FIRST READING OF HOUSE BILL


ESHB 1266        House Committee on Transportation (originally sponsored by Representatives Fisher and Mitchell) (by request of Governor Locke)


                           Making supplemental transportation appropriations.


MOTION


      On motion of Senator Betti Sheldon, the rules were suspended, Engrossed Substitute House Bill No. 1266 was advanced to second reading and placed on the second reading calendar.


INTRODUCTION OF SPECIAL GUEST


      The President welcomed Hwa Kap Hahn, presently a member of the National Assembly of Korea and a leader of the ruling party, who was seated on the rostrum with Senator Paull Shin.

      With permission of the Senate, business was suspended to permit Assemblyman Hahn to address the Senate.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced dignitaries from Korea, accompanying Assemblyman Hahn, who were seated in the back of the Chamber.


MOTION


      On motion of Senator Honeyford, Senator Parlette was excused.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator Thibaudeau, Gubernatorial Appointment No. 9163, Sue Crystal, as Administrator for the Washington Health Care Authority, was confirmed.

      Senators Thibaudeau and Deccio spoke to the confirmation of Sue Crystal as Administrator of the Washington Health Care Authority.


APPOINTMENT OF SUE CRYSTAL


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.

     Excused: Senators Parlette and West - 2.


MOTION


      On motion of Senator Snyder, the following resolution was adopted:


SENATE RESOLUTION 2001-8642


By Senators Snyder, Carlson and Kohl-Welles


      WHEREAS, The history of the Lewis and Clark is an important part of the early history of the United States and an essential part of Washington State’s early past; and

      WHEREAS, The Lewis and Clark party arrived at the mouth of the Columbia River in November of 1805 and remained at Station Camp for ten days along its northern shore; and

      WHEREAS, It is at this campsite that Captain William Clark wrote in his journal the following words, …This I could plainly see would be the extent of our journey by water…in full view of the ocian…from Point Adams to Cape Disappointment.” ; and

      WHEREAS, At this exact same camp Sergeant Patrick Gass wrote in his journal, “We are now at the end of our voyage which has been completely accomplished according to the intention of the expedition…”; and

      WHEREAS, At this exact same campsite Private Joseph Whitehouse wrote in his journal, “We are now in plain view of the Pacific Ocean…& think that we are at an end of our Voyage…”; and

      WHEREAS, after the party had returned to St. Louis, Captain Lewis wrote to President Thomas Jefferson describing their successful arrival at the ocean: “Sir, It is with pleasure that I announce to you the safe arrival of myself and party at 12 Oclk, today at this place with our papers and baggage. In obedience to your orders we have penitrated the Continent of North America to the Pacific Ocean…”; and

      WHEREAS, The historic date which Lewis and Clark considered as marking the entire Corps of Discovery’s arrival at the Pacific Ocean in 1805: “On the 17th of November we reached the Ocian.”

      NOW THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognize that these journals and letters provides evidence that the western end of the Lewis and Clark expedition is located in Pacific County, Washington; and

      BE IT FURTHER RESOLVED, That the Senate of the state of Washington recognize the significance of Lewis and Clark to the early history of this State; and commemorate the western terminus of the Lewis and Clark trail, one of the most important historic sites in the western United States.


MOTION


      At 9:27 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 10:25 a.m. by President Owen.


MOTION


      On motion of Senator Johnson, the following resolution was adopted:


SENATE RESOLUTION 2001-8628


By Senators Johnson, Shin, Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, and Zarelli


      WHEREAS, We, the members of the Washington State Senate, as we gather here today, are honored to pay tribute to Mr. Takuji Yamashita following his posthumous admission to the Washington State Bar; and

      WHEREAS, Mr. Yamashita came to America as a teenager, graduated from Tacoma High in two years, proceeded to become one of the earliest graduates of the University of Washington Law School in 1902, and thereafter passed the state bar examination; and

      WHEREAS, Mr. Yamashita was one of the twentieth century’s earliest civil-rights crusaders, fighting against the discrimination he faced as a Japanese immigrant by challenging in court three of America’s major barriers against Asians: prohibitions on citizenship, land ownership, and joining a profession; and

      WHEREAS, Mr. Yamashita, despite the difficulties and frustrations of his time, conducted himself with profound dignity and helped sow the seeds for an America that would permit all people, regardless of race, creed, color or national origin, to more fully pursue the guarantees of life, liberty, and the pursuit of happiness; and

      WHEREAS, Mr. Yamashita overcame unjust discrimination to become a successful and compassionate entrepreneur, opening hostelries to house travelers and cafes to feed hungry workers; and

      WHEREAS, Mr. Yamashita quietly exemplified humankind’s best qualities and his struggles for the betterment of America have greatly benefitted us all;

      NOW, THEREFORE, BE IT RESOLVED, That on this day, we, the members of the Washington State Senate, pause in our endeavors to pay tribute to one of the most honorable Washingtonians, Mr. Takuji Yamashita, some forty-one years after his death and following his posthumous admission to the Washington State Bar, in order to call attention to Mr. Yamashita’s accomplishments and dedication to freedom and equality for all; and

      BE IT FURTHER RESOLVED, That copies of this resolution be transmitted immediately from the Secretary of the Senate to the family of Takuji Yamashita, the University of Washington School of Law, the Asian Bar Association of Washington and the Washington State Bar Association.


      Senators Johnson, Shin, Betti Sheldon and Regala spoke to Senate Resolution 2001-8628.


INTRODUCTION OF SPECIAL GUEST


      The President welcomed and introduced Fumiko Saito, Consul General of Japan, who was seated on the rostrum.

      With permission of the Senate, business was suspended to permit the Consul General to address the Senate.


MOTION


      On motion of Senator Betti Sheldon, all members names will be on Senate Resolution 2001-8628.


MOTION


      On motion of Senator Honeyford, Senator Stevens was excused.


MOTION


      On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.


SECOND READING


      HOUSE BILL NO. 2029, by Representatives Hurst, Mitchell, Fisher, Hankins, Haigh, Anderson, Cooper, Ericksen, Ogden, Marine, Jarrett, Wood, Romero, Armstrong, Rockefeller, Mielke, Hatfield, Sump, Lovick, Simpson, Woods, Reardon, Morell, Skinner, Ahern, Jackley, Murray, Edmonds and Kenney

 

Authorizing changes to the VIN inspection program.


      The bill was read the second time.


MOTION


      Senator Haugen moved that the following Committee on Transportation striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 46.12.030 and 1995 c 274 s 1 and 1995 c 256 s 23 are each reenacted and amended to read as follows:

       The application for (([a])) a certificate of ownership shall be upon a form furnished or approved by the department and shall contain:

       (1) A full description of the vehicle, which shall contain the proper vehicle identification number, the number of miles indicated on the odometer at the time of delivery of the vehicle, and any distinguishing marks of identification;

       (2) The name and address of the person who is to be the registered owner of the vehicle and, if the vehicle is subject to a security interest, the name and address of the secured party;

       (3) Such other information as the department may require. The department may in any instance, in addition to the information required on the application, require additional information and a physical examination of the vehicle or of any class of vehicles, or either. A physical examination of the vehicle is mandatory if ((it previously was registered in any other state or country or if)) it has been rebuilt after surrender of the certificate of ownership to the department under RCW 46.12.070 due to the vehicle's destruction or declaration as a total loss. The inspection must verify that the vehicle identification number is genuine and agrees with the number shown on the ((foreign)) title and registration certificate. ((If the vehicle is from a jurisdiction that does not issue titles, the inspection must verify that the vehicle identification number is genuine and agrees with the number shown on the registration certificate. The inspection must also confirm that the license plates on the vehicle are those assigned to the vehicle by the jurisdiction in which the vehicle was previously licensed.)) The inspection must be made by a member of the Washington state patrol or other person authorized by the department to make such inspections.

        The application shall be subscribed by the registered owner and be sworn to by that applicant in the manner described by RCW 9A.72.085. The department shall retain the application in either the original, computer, or photostatic form.

       Sec. 2. RCW 46.12.040 and 1990 c 238 s 2 are each amended to read as follows:

       The application accompanied by a draft, money order, certified bank check, or cash for one dollar and twenty-five cents, together with the last preceding certificates or other satisfactory evidence of ownership, shall be forwarded to the director.

       The fee shall be in addition to any other fee for the license registration of the vehicle. The certificate of ownership shall not be required to be renewed annually, or at any other time, except as by law provided.

       In addition to the application fee and any other fee for the license registration of a vehicle, ((there shall be collected from the applicant an inspection fee whenever a physical examination of the vehicle is required as a part of the vehicle licensing or titling process.

       For vehicles previously registered in any other state or country, the inspection)) the department shall collect from the applicant a fee ((shall be)) of fifteen dollars ((and)) for vehicles previously registered in any other state or country. The proceeds from the fee shall be deposited in the motor vehicle fund. For ((all other)) vehicles requiring a physical examination, the inspection fee shall be ((twenty)) fifty dollars and shall be deposited in the motor vehicle fund.

       NEW SECTION. Sec. 3. A new section is added to chapter 46.12 RCW to read as follows:

       The department shall institute software and systems modifications to enable a WACIC/NCIC stolen vehicle search of out-of-state vehicles as part of the title transaction. During the stolen vehicle search, if the information obtained indicates the vehicle is stolen, that information shall be immediately reported to the state patrol



and the applicant shall not be permitted to register the vehicle. Vehicles for which the stolen vehicle check is negative shall be registered if the department is satisfied that all other requirements have been met.

       Sec. 4. RCW 46.12.060 and 1975 c 25 s 10 are each amended to read as follows:

       Before the department shall issue a certificate of ownership, or reissue such a certificate, covering any vehicle, the identification number of which has been altered, removed, obliterated, defaced, omitted, or is otherwise absent, the registered owner of the vehicle shall file an application with the department, accompanied by a fee of five dollars, upon a form provided, and containing such facts and information as shall be required by the department for the assignment of a special number for such vehicle. Upon receipt of such application, the department, if satisfied the applicant is entitled to the assignment of an identification number, shall designate a special identification number for such vehicle, which shall be noted upon the application therefor, and likewise upon a suitable record of the authorization of the use thereof, to be kept by the department. This assigned identification number shall be placed or stamped in a conspicuous position upon the vehicle in such manner and form as may be prescribed by the department. Upon receipt by the department of ((a certificate by an officer of the Washington state patrol, or other person authorized by the department, that the vehicle has been inspected and that the identification number or the special number plate, has been stamped or securely attached in a conspicuous position upon the vehicle, accompanied by)) an application for a certificate of ownership or application for reissue of such certificate and the required fee therefor, the department shall use such number as the numerical or alpha-numerical identification marks for the vehicle in any certificate of license registration or certificate of ownership that may thereafter be issued therefor.

       NEW SECTION. Sec. 5. 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 July 1, 2001."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Transportation striking amendment to House Bill No. 2029.

      The motion by Senator Haugen carried and the committee striking amendment was adopted.


MOTIONS


      On motion of Senator Haugen, the following title amendment was adopted:

       On page 1, line 1 of the title, after "registration;" strike the remainder of the title and insert "amending RCW 46.12.040 and 46.12.060; reenacting and amending RCW 46.12.030; adding a new section to chapter 46.12 RCW; providing an effective date; and declaring an emergency."

      On motion of Senator Haugen, the rules were suspended, House Bill No. 2029, 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 House Bill No. 2029, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2029, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Zarelli - 47.

     Excused: Senators Stevens and West - 2.

      HOUSE BILL NO. 2029, 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.


SECOND READING


      SENATE BILL NO. 5078, by Senator Haugen

 

Revising the disposition of vehicle license fees.


MOTIONS


      On motion of Senator Haugen, Substitute Senate Bill No. 5078 was substituted for Senate Bill No. 5078 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5078 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 Substitute Senate Bill No. 5078.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5078 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 45.

     Voting nay: Senators Hargrove and Zarelli - 2.

     Excused: Senators Stevens and West - 2.

      SUBSTITUTE SENATE BILL NO. 5078, 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 Honeyford, Senator McDonald was excused.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1266, by House Committee on Transportation (originally sponsored by Representatives Fisher and Mitchell) (by request of Governor Locke)

 

Making supplemental transportation appropriations.


      The bill was read the second time.


MOTIONS


      On motion of Senator Haugen, the following striking amendment by Senators Haugen and Benton was adopted:

       Strike everything after the enacting clause and insert the following:


"PART II

TRANSPORTATION AGENCIES


       Sec. 201. 2000 2nd sp.s. c 3 s 201 (uncodified) is amended to read as follows:

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))

1,204,000

                              TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               ((11,494,000))

11,694,000

       The appropriations in this section ((is)) are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

       (1) $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.

       (2) The Washington traffic safety commission may oversee no more than four pilot projects regarding the use of traffic safety cameras at school zones and/or railroad crossings and no more than one pilot project regarding the use of traffic safety cameras at school zones, stoplights, and/or railroad crossings. The traffic safety commission shall use the following guidelines to administer the program:

       (a) Traffic safety cameras may take pictures of the vehicle and vehicle license plate only;

       (b) The law enforcement agency of the city or county government shall plainly mark the locations where the automated traffic enforcement system is used by placing signs on street locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic enforcement system;

       (c) Cities and counties using traffic safety cameras must provide periodic notice by mail to its citizens indicating the zones in which the traffic safety cameras will be used;

       (d) Notices of infractions must be mailed to the registered owner of a vehicle within fourteen days of the infraction occurring;

       (e) The owner of the vehicle is not responsible for the violation if the owner of the vehicle, within fifteen days after notification of the violation, furnishes the officials or agents of the municipality that issued the citation with:

       (i) An affidavit made under oath, stating that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner; or

       (ii) Testimony in open court under oath that the person was not the operator of the vehicle at the time of the alleged violation;

       (f) Infractions detected through the use of traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120;

       (g) By January 1, 2001, the traffic safety commission shall provide a report to the legislature regarding the use, public acceptance, outcomes, and other relevant issues regarding traffic safety cameras demonstrated by the pilot projects.

       Sec. 202. 2000 2nd sp.s. c 3 s 203 (uncodified) is amended to read as follows:

FOR THE COUNTY ROAD ADMINISTRATION BOARD

Rural Arterial Trust Account--State

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                  60,568,000

Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      1,661,000

Motor Vehicle Account--Private/Local

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                       376,000

County Arterial Preservation Account--

       State Appropriation    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    28,542,000

                              TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    91,147,000

       The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

       (1) $240,000 of the motor vehicle account--state appropriation is provided solely for the completion of a study updating the legislature on the freight and goods road systems on county roads.

       (2) The appropriations contained in this section include funding to assist counties in providing match for federal emergency funding for earthquake damage as determined by the county road administration board. The county road administration board shall report to the transportation committees of the senate and house of representatives and the office of financial management by September 30, 2001, on the projects selected to receive match funding.

       Sec. 203. 2000 2nd sp.s. c 3 s 204 (uncodified) is amended to read as follows:

FOR THE TRANSPORTATION IMPROVEMENT BOARD

Urban Arterial Trust Account--State

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                104,433,000

Transportation Improvement Account--

       State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                  148,814,000

Public Transportation Systems Account--

       State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      4,532,000

Multimodal Transportation Account--State

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                  11,977,000

                              TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                  269,756,000

       The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

       (1) The transportation improvement account--state appropriation includes $60,000,000 in proceeds from the sale of bonds, $30,000,000 authorized by RCW 47.26.500, and $30,000,000 authorized by House Bill No. 2788. If House Bill No. 2788 is not enacted in the form passed by the legislature $30,000,000 of the amount provided in this subsection shall lapse.

       (2) The appropriations contained in this section include funding to assist cities and counties in providing match for federal emergency funding for earthquake damage as determined by the transportation improvement board. The transportation improvement board shall report to the transportation committees of the senate and house of representatives and the office of financial management by September 30, 2001, on the projects selected to receive match funding.

       Sec. 204. 2000 2nd sp.s. c 3 s 211 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL--FIELD OPERATIONS BUREAU

State Patrol Highway Account--

       State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             ((154,314,000))

154,550,000

State Patrol Highway Account--

       Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                               ((6,153,000))

7,097,000

State Patrol Highway Account--

       Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                         169,000

                              TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             ((160,636,000))

161,816,000

       The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

       (1) $1,435,000 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 statewide 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 statewide emergency communication system to the senate transportation committee and the house of representatives transportation committee by December 1, 1999.

       (2) 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.

       Sec. 205. 2000 2nd sp.s. c 3 s 212 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL--SUPPORT SERVICES BUREAU

State Patrol Highway Account--

       State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               ((65,621,000))

65,963,000

State Patrol Highway Account--

       Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                       104,000

State Patrol Highway Account--

       Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                         743,000

                              TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               ((66,468,000))

66,810,000

       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.

       Sec. 206. 2000 2nd sp.s. c 3 s 216 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING--DRIVER SERVICES

Motorcycle Safety Education Account--

       State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      2,210,000

Highway Safety Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               ((77,971,000))

77,901,000

                              TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               ((80,181,000))

80,111,000

       The appropriations in this section are subject to the following conditions and limitations:

       (1) By January 1, 2001, the department shall report to the transportation committees of the house of representatives and the senate on the progress of the driver history initiative project and make recommendations for implementing this project on a statewide level.

       (2) $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.

       (3) 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.

       (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.

       Sec. 207. 2000 2nd sp.s. c 3 s 217 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MANAGEMENT AND FACILITIES--PROGRAM D--OPERATING

Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               ((45,236,000))

45,563,000

Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    ((400,000))

481,000

                              TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               ((45,636,000))

46,044,000

       Sec. 208. 2000 2nd sp.s. c 3 s 219 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I

Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             ((459,765,000))

460,931,000

Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             ((240,241,000))

242,091,000

Motor Vehicle Account--Private/Local

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                  50,363,000

Special Category C Account--State Appropriation                 . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                  55,220,000

Puyallup Tribal Settlement Account--

       State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      8,662,000

Multimodal Transportation Account--State

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                    4,880,000

Multimodal Transportation Account--Federal

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                    1,275,000

Multimodal Transportation Account--Private/Local

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                    1,106,000

                              TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             ((821,512,000))

824,528,000

       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 or multimodal transportation account to ensure efficient funds management and program delivery.

       (5) $2,270,000 of the motor vehicle account--state appropriation is provided solely for the north Sumner interchange project. The project shall no longer receive a portion of its funding from the economic development account.

       (6) $4,880,000 of the multimodal transportation 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 $147,000,000 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)(a) $50,000,000 of the motor vehicle account--state appropriation is 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.

       (b) The $50,000,000 provided in (a) of this subsection includes $5,527,000 in proceeds from the sale of bonds authorized in RCW 47.10.834 for all forms of cash contributions, or 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.

       (9) $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 and weigh in motion at Fort Lewis Northbound. The Washington state patrol and department of transportation shall work cooperatively to complete these projects.

       (10) $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.

       (11) $800,000 of the motor vehicle account--state appropriation and $3,000,000 of the motor vehicle account--federal appropriation are 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.

       (12) $1,166,000 of the motor vehicle fund--state appropriation is provided solely for predesign of the northeast 44th street interchange on I-405. This amount shall be placed into a reserve status until such time as a one-third contribution is made by the city of Renton and a one-third contribution is made by the project developer. If the city and developer contributions are not obtained by October 31, 2000, this amount shall lapse.

       (13) The department's work force levels for highway construction for the 1999-2001 biennium shall be 2200 FTEs. Additional work force increases for highway construction are authorized and shall not exceed five percent of the authorized work force. The department shall report quarterly on program delivery and related work force adjustments.

       (14) $1,250,000 of the motor vehicle 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.

       Sec. 209. 2000 2nd sp.s. c 3 s 221 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE--PROGRAM M

Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             ((239,927,000))

240,627,000

Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    ((486,000))

1,486,000

Motor Vehicle Account--Private/Local

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                               ((3,417,000))

4,917,000

                              TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             ((243,830,000))

247,030,000

       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.

       (3) The department shall not close any highway rest areas but shall continue to operate and maintain all existing rest areas. The department shall convene a panel of stakeholders to evaluate innovative financing options and partnership opportunities at safety rest areas on state highways. At a minimum, the evaluation shall include: (a) A survey of relevant laws that impact the state's ability to create public-private partnerships or utilize innovative financing techniques for the maintenance and operation of safety rest areas; and (b) an identification of maintenance and operation activities necessary to ensure continuous operation of safety rest areas. By December 1, 2000, the stakeholder panel shall make recommendations to the house of representatives and senate transportation committees and the office of financial management on the feasibility of instituting a pilot project for public-private partnerships or innovative financing of safety rest areas.

       Sec. 210. 2000 2nd sp.s. c 3 s 224 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S

Puget Sound Capital Construction Account--

       State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      2,989,000

Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               ((84,062,000))

84,262,000

Multimodal Transportation Account--Federal

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                           1,000

Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    ((125,000))

462,000

Puget Sound Ferry Operations Account--

       State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      6,353,000

Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                         115,000

Multimodal Transportation Account--State

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                    1,402,000

                              TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               ((95,046,000))

95,584,000

       The appropriations in this section are subject to the following conditions and limitations and the specified amount is provided solely for that activity:

       (1) $75,000 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.

       (2) Appropriation transfers from transportation management and support to the transportation equipment fund for management information services activities shall be permitted through fiscal year 2000. Effective July 1, 2000, expenditures for these activities shall be charged directly to transportation management and support.

       Sec. 211. 2000 2nd sp.s. c 3 s 226 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T

Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               ((10,459,000))

10,211,000

Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    17,000,000

Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                         328,000

Multimodal Transportation Account--State

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                               ((1,043,000))

1,291,000

                              TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    28,830,000


       Sec. 212. 2000 2nd sp.s. c 3 s 227 (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 Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      2,913,000

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. . .. . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      3,693,000

       (4) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF PERSONNEL

Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 ((1,990,000))

2,240,000

       (5) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION

Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    11,539,000

       (6) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION

Motor Vehicle Fund--Puget Sound Ferry Operations Account--

       State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      3,262,000

       (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 THE DEPARTMENT OF GENERAL ADMINISTRATION CAPITAL PROJECTS SURCHARGE

Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      1,100,000

       (9) FOR ARCHIVES AND RECORDS MANAGEMENT

Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . .$                                                                                                         392,000

                              TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    27,359,000

       Sec. 213. 2000 2nd sp.s. c 3 s 230 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X

Marine Operating Account--State

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                148,330,000

Puget Sound Ferry Operations Account--State

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                           ((137,587,000))

149,415,000

Multimodal Transportation Account--State

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                    5,092,000

                              TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             ((291,009,000))

302,837,000

       The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

       (1) Appropriations in this section shall initially be allotted as appropriated by this section. Subsequent allotment modifications shall not permit moneys that are provided solely for a specified purpose to be used for other than that purpose. After May 1, 2000, after approval by the director of financial management and unless specifically prohibited by this act, the department may transfer appropriations between the marine operating account--state and the Puget Sound ferry operations account--state appropriations. However, the program shall not expend more than the total amount appropriated from these accounts.

       (2) The appropriation is based on the budgeted expenditure of (($29,539,000)) $41,367,000 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.

       (3) 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 $195,690,000 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.

       (4) The department, when implementing ferry service reductions, shall, to the extent possible, maintain peak hour vehicle and passenger service capacity, summer tourist route capacity, and a fall/winter/spring presence on all auto ferry routes, while ensuring equitable treatment among routes.

       (5) The joint task force on ferries is created.

       (a) The joint task force on ferries is composed of:

       (i) Eight members of the legislature selected as follows:

       (A) Four members of the senate, two from each of the major caucuses, to be appointed by the president of the senate, who shall select one of the four senate members as cochair;

       (B) Four members of the house of representatives, two from each of the major caucuses, to be appointed by the cospeaker of the respective caucus. The cospeakers shall jointly select one of the four house members as cochair; and

       (C) The members appointed from each major caucus of the senate and the house of representatives must include one member from a legislative district that encompasses a terminus of a Washington state ferry route and one from a legislative district that does not include a terminus of a Washington state ferry route;

       (ii) At least one person designated by the cochairs representing each of the following:

       (A) Ferry advisory committees;

       (B) Persons who do not use ferries;

       (C) Labor organizations representing ferry workers;

       (D) Washington State Ferries;

       (E) Transit operators;

       (F) The office of financial management; and

       (G) Other groups as deemed appropriate by the cochairs of the task force.

       (b) The transportation committees shall provide staff support as mutually agreed by the cochairs of the joint task force.

       (c) The legislative transportation committee shall pay the expenses of the legislative committee members.

       (d) The joint task force on ferries shall report to the full legislature at the beginning of the 2001 legislative session. The report must include, but not be limited to, analysis and recommendations on the following:

       (i) Establishment of a long-term goal for recovery of operating costs from fare revenue;

       (ii) Options for further cuts in ferry service or full or partial restoration of ferry service cuts;

       (iii) Feasibility of full or partial privatization of the ferry system, public-private partnerships, or state and local partnerships; and

       (iv) Establishing the short-term and long-term capital needs of the Washington state ferry system.

       (5) 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 2001.

       Sec. 214. 2000 2nd sp.s. c 3 s 232 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z

Motor Vehicle Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . .$                                                                                               ((83,435,000))

82,269,000

Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 ((8,040,000))

6,190,000

Transportation Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . .$                                                                                                         321,000

High Capacity Transportation Account--State

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                       150,000

Highway Infrastructure Account--Federal

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                    1,500,000

Highway Infrastructure Account--State

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                       234,000

Multimodal Transportation Account--State

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                  10,381,000

Urban Arterial Trust Account--State

       Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                    5,000,000

                              TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             ((109,061,000))

106,045,000

       The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

       (1) $40,692,000 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.

       (2) $187,000 of the transportation account--state appropriation and $213,000 of the multimodal transportation account--state appropriation are 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.

       (3) The motor vehicle account--state appropriation includes $30,000,000 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.

       (4) $10,000,000 of the multimodal 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.

       (5) 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.

       (6) $5,000,000 of the urban arterial trust account--state appropriation is provided solely for a small city pavement preservation program, to be administered by the department's highways and local programs 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.

       (7) $15,000,000 of the motor vehicle account--state appropriation is provided solely for a county corridor congestion relief program, to be administered by the department's highways and local programs division. Urban corridors must connect to urban or significant activity centers; begin or end at the intersection of another arterial, state highway, or limited access freeway system; and provide an alternate route to the limited access freeway system. 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 and regional transportation planning organizations. At a minimum, project selection criteria should include: Consistency with regional transportation plans; measurable improvements in mobility; cost effectiveness; systematic corridor mobility improvements rather than isolated "spot" improvements; and optimal timing for construction.

       (8) $5,000,000 of the motor vehicle account--state appropriation is provided solely for improving traffic and pedestrian safety near schools. The highways and local programs 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.

       (9) The highways and local programs 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.

       (10) $2,000,000 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.

       (11) $10,000,000 of the motor vehicle fund--state appropriation is provided solely for a city corridor congestion relief program, to be administered by the department's highways and local programs division. Urban corridors must connect to urban or significant activity centers, begin or end at the intersection of another arterial, state highway or limited access freeway system, and provide an alternate route to the limited access freeway system. 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 and regional transportation planning organizations. At a minimum, project selection criteria should include: Consistency with regional transportation plans; measurable improvements in mobility; cost effectiveness; systematic corridor mobility improvements rather than isolated "spot" improvements; and optimal timing for construction.


PART IV

TRANSFERS AND DISTRIBUTIONS


       Sec. 401. 2000 2nd sp.s. c 3 s 401 (uncodified) is amended to read as follows:

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                . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                           ((161,310,000))

154,200,000

Ferry Bond Retirement Account Appropriation. .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               ((53,592,000))

55,082,000

Transportation Improvement Board Bond Retirement

       Account--State Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    35,909,000

Puget Sound Capital Construction Account--State

       Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                            270,000

Motor Vehicle Account--State Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$                                                                                                 ((1,960,000))

1,600,000

Special Category C Account--State Appropriation               . . . . . . . . . . . . . . . . . . . . . . .$                                                                                  ((405,000))

100,000

Transportation Improvement Account--State

       Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                       600,000

                              TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             ((254,046,000))

248,426,000

       Sec. 402. 2000 2nd sp.s. c 3 s 403 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION

       (1) Motor Vehicle Fund Appropriation for

motor vehicle fuel tax and overload penalties

distribution. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             ((483,325,000))

422,025,000

       (2) Transportation Fund Appropriation for

motor vehicle excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             ((178,207,000))

179,882,000

       (3) Multimodal Transportation Account--State

Appropriation for motor vehicle excise tax

distribution. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               ((52,619,000))

52,583,000

       Sec. 403. 2000 2nd sp.s. c 3 s 404 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER--TRANSFERS

       (1) RV Account--State Appropriation:

For transfer to the Motor Vehicle Fund--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      1,865,000

       (2) State Patrol Highway Account--State

Appropriation: For transfer to the Motor Vehicle

Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    27,000,000

       (3) Highway Safety Fund--State Appropriation:

For transfer to the Multimodal Transportation

Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      3,220,000

       (4) ((Puget Sound Ferry Operations Account--State

Appropriation: For transfer to the Marine

Operating Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      1,400,000

       (5))) Public Transportation Systems Account--

State Appropriation: For transfer to the

Multimodal Transportation Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    23,182,000

       (((6))) (5) Transportation Fund--State

Appropriation: For transfer to the Multimodal

Transportation Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    28,061,000

       The department of transportation shall ((only)) request the state treasurer to transfer funds provided under subsection (1) of this section only on an as-needed basis.

       The state treasurer shall transfer the balance remaining at the close of the 2001 fiscal year in the licensing services account to the motor vehicle account.

       Sec. 404. 2000 2nd sp.s. c 3 s 405 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--TRANSFERS

       Puget Sound Ferry Operations Account--State

Appropriation: For transfer to the Puget Sound

Capital Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    67,000,000

       Motor Vehicle Fund--State Appropriation:

For transfer to the Advanced Environmental

Mitigation Revolving Account. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      1,000,000

       Motor Vehicle Fund--State Appropriation:

For transfer to Puget Sound Capital Construction

Account. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    18,272,000

       Transportation Equipment Fund--State

Appropriation: For transfer to the Motor

Vehicle Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 ((2,500,000))

2,509,000

       ((High Capacity Transportation Account--State

Appropriation: For transfer to the Multimodal

Transportation Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      2,036,000

       Passenger Ferry Account--State Appropriation:

For transfer to the Multimodal Transportation

Account. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      235,000))

       The department of transportation shall only transfer funds to the Puget Sound capital construction account--state as provided under this subsection on an as-needed basis. The department of transportation shall transfer all unexpended funds from the high capacity transportation account, the passenger ferry account, the public transportation systems account, and the transportation account to the multimodal transportation account.


PART VI

PROVISIONS NECESSARY TO IMPLEMENT APPROPRIATIONS


       NEW SECTION. Sec. 601. 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. 602. 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."


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 2000 2nd sp.s. c 3 ss 201, 203, 204, 211, 212, 216, 217, 219, 221, 224, 226, 227, 230, 232, 401, 403, 404, and 405 (uncodified); making appropriations; and declaring an emergency."

      On motion of Senator Haugen, the rules were suspended, Engrossed Substitute House Bill No. 1266, 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. 1266, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1266, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Zarelli - 46.

     Excused: Senators McDonald, Stevens and West - 3.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1266, 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.


SECOND READING


      SENATE BILL NO. 5327, by Senators Haugen, West and Gardner (by request of Governor Locke)

 

Making transportation appropriations for 2001-03.


MOTIONS


      On motion of Senator Haugen, Substitute Senate Bill No. 5327 was substituted for Senate Bill No. 5327 and the substitute bill was placed on second reading and read the second time.

      Senator Finkbeiner moved that the following amendment by Senators McDonald, Finkbeiner and Jacobson be adopted:

       On page 27, after "2001" on line 22, insert the following:

       NEW SECTION. Sec. 605. The appropriations assumed in sections 217 and 220 of this act are based upon the project list within the transportation executive information system, capital projects and facilities reporting system known as 2001-03 Floor Current Law Budget- Living Within Our Means, dated March 23, 2001.

       Renumber the sections consecutively and correct any internal references accordingly.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators McDonald, Finkbeiner and Jacobsen on page 27, after "2001" on line 22, to Substitute Senate Bill No. 5327.

      The motion by Senator Finkbeiner carried and the amendment was adopted.  


MOTION


      On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5327 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 Senate Bill No. 5327.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5327 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brown, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Zarelli - 44.

     Voting nay: Senators Carlson and Hargrove - 2.

     Excused: Senators McDonald, Stevens and West - 3.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5327, 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 Eide, Senator Franklin was excused.


SECOND READING


      SENATE BILL NO. 5755, by Senators Horn, Haugen, Winsley, McAuliffe and Oke (by request of The Blue Ribbon Commission on Transportation)

 

Adjusting responsibilities of the transportation commission.


MOTIONS


      On motion of Senator Haugen, Substitute Senate Bill No. 5755 was substituted for Senate Bill No. 5755 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Haugen, the following striking amendment by Senators Haugen, Horn and Benton was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that transportation in the state of Washington is in crisis. Congestion on the state highways has reached unprecedented proportions in several parts of the state, some roads and bridges are in poor condition and need improvement, and the revenues that state and local governments have traditionally used to fund projects are declining.

       The legislature further finds that the Blue Ribbon Commission on Transportation, in its final report, recognized that a lack of governmental coordination among jurisdictions creates an inability to provide an integrated transportation system and recommended that efficiencies in agencies be accomplished whenever possible.

       Therefore, it is the legislature's intent to create the transportation funding board. It is the legislature's further intent to consolidate three separately funded transportation agencies because many of their services are duplicative with each other and with services offered by the state department of transportation. In these times of insufficient funding, it makes sense to achieve a savings for the state that can be better spent in addressing the transportation needs of the citizens of Washington. The legislature therefore intends that some functions of the county road administration board, all of the functions of the transportation improvement board, and all of the functions of the freight mobility strategic investment board be consolidated into the highway and local programs division of the department of transportation and administered by the transportation funding board.

       It is the further intent of the legislature to create the legislative transportation accountability program as a single point of accountability at the state level to monitor and analyze the performance of the state's transportation system and ensure that statewide transportation benchmarks are achieved.

       It is the further intent of the legislature to authorize the governor to appoint the secretary of transportation and transfer the functions of the transportation commission to the department of transportation, the transportation funding board, and the legislative transportation accountability program.


PART I - DEPARTMENT OF TRANSPORTATION


       Sec. 2. RCW 47.01.021 and 1977 ex.s. c 151 s 2 are each amended to read as follows:

       As used in this title unless the context indicates otherwise:

       (1) "Department" means the department of transportation created in RCW 47.01.031;

       (2) "((Commission)) Board" means the transportation ((commission)) funding board created in ((RCW 47.01.051)) section 9 of this act;

       (3) "Secretary" means the secretary of transportation as provided for in RCW 47.01.041.

       NEW SECTION. Sec. 3. A new section is added to chapter 47.01 RCW to read as follows:

       The department has the following functions, powers, and duties:

       (1) To propose policies to be adopted by the legislature designed to assure the development and maintenance of a comprehensive and balanced statewide transportation system that will meet the needs of the people of this state for safe and efficient transportation services. The department shall consider mobility and congestion relief, and, where appropriate, develop policies for the use of integrated, intermodal transportation systems to implement the travel demands, economic and environmental policies, goals, and objectives of the people of the state, and especially to conserve nonrenewable natural resources, including land and energy. To this end, the department shall:

       (a) Develop transportation policies that are based on the policies, goals, and objectives expressed and inherent in state laws and the legislative transportation accountability program's transportation benchmarks; and

       (b) Inventory the adopted policies, goals, and objectives of the local and areawide governmental bodies of the state and define the role of the state, regional, and local governments in determining transportation policies, in transportation planning, and in implementing the state transportation plan.

       (2) To prepare and submit a comprehensive and balanced statewide transportation plan to the house and senate standing committees on transportation, that must be based on the transportation policy adopted by the legislature, the benchmarks adopted by the legislative transportation accountability program, and applicable state and federal laws. The plan must take into account federal law and regulations relating to the planning, construction, and operation of transportation facilities. The plan must be reviewed and revised before each regular session of the legislature during an even-numbered year.

       (3) To implement the policy of the state on each of the following items:

       (a) To provide for the effective coordination of state transportation planning with national transportation policy, state and local land use policies, and local and regional transportation plans and programs;

       (b) To provide for public involvement in transportation designed to elicit the public's views both with respect to adequate transportation services and appropriate means of minimizing adverse social, economic, environmental, and energy impacts of transportation programs;

       (c) To integrate the statewide transportation plan with the needs of the elderly and handicapped, and to coordinate federal and state programs directed at assisting local governments to answer those needs;

       (d) To provide for the administration of grants in aid and other financial assistance to counties and municipal corporations for transportation purposes; and

       (e) To provide for the management, sale, and lease of property or property rights owned by the department that are not required for transportation purposes.

       (4) To approve and propose to the governor before the convening of each regular session during an odd-numbered year a recommended budget for the operation of the department and for carrying out the program of the department for the ensuing biennium. The proposed budget must separately state the appropriations to be made from the motor vehicle fund for highway purposes in accordance with constitutional limitations and appropriations and expenditures to be made from the general fund, or accounts thereof, and other available sources for other operations of the department.

       (5) To approve the issuance and sale of all bonds authorized by the legislature for capital construction of state highways, toll facilities, Columbia Basin county roads (for which reimbursement to the motor vehicle fund has been provided), urban arterial projects, and aviation facilities.

       (6) To adopt such rules and policy directives as may be necessary to carry out reasonably and properly those functions expressly vested in the department by statute.

       Sec. 4. RCW 47.80.023 and 1998 c 171 s 8 are each amended to read as follows:

       Each regional transportation planning organization shall have the following duties:

       (1) Prepare and periodically update a transportation strategy for the region that makes progress towards meeting the benchmarks set forth in section 51 of this act. The strategy ((shall)) should address alternative transportation modes and transportation demand management measures in regional corridors and shall recommend preferred transportation policies to implement adopted growth strategies. The strategy shall serve as a guide in preparation of the regional transportation plan.

       (2) Prepare a regional transportation plan as set forth in RCW 47.80.030 that is consistent with countywide planning policies if such have been adopted pursuant to chapter 36.70A RCW, with county, city, and town comprehensive plans, and state transportation plans.

       (3) Certify by December 31, 1996, that the transportation elements of comprehensive plans adopted by counties, cities, and towns within the region reflect the guidelines and principles developed pursuant to RCW 47.80.026, are consistent with the adopted regional transportation plan, and, where appropriate, conform with the requirements of RCW 36.70A.070.

       (4) Where appropriate, certify that countywide planning policies adopted under RCW 36.70A.210 and the adopted regional transportation plan are consistent.

       (5) Develop, in cooperation with the department of transportation, operators of public transportation services and local governments within the region, a six-year regional transportation improvement program which proposes regionally significant transportation projects and programs and transportation demand management measures. The regional transportation improvement program ((shall be based on the programs, projects, and transportation demand management measures of regional significance as)) must consider mobility and congestion relief in reviewing and adopting the programs, projects, and transportation demand management measures of regional significance as identified by its own analysis of population growth and travel demands, as well as those identified by transit agencies, cities, and counties pursuant to RCW 35.58.2795, 35.77.010, and 36.81.121, respectively. The program shall include a priority list of projects and programs, project segments and programs, transportation demand management measures, and a specific financial plan that demonstrates how the transportation improvement program can be funded. Included within the program must be analysis of transportation corridors within the region to determine whether an existing corridor should be expanded, a city or county road should become a state route, and whether a new corridor is needed to alleviate congestion and enhance mobility based on travel demand. The program shall be updated at least every two years for the ensuing six-year period.

       (6) Designate a lead planning agency to coordinate preparation of the regional transportation plan and carry out the other responsibilities of the organization. The lead planning agency may be a regional organization, a component county, city, or town agency, or the appropriate Washington state department of transportation district office.

       (7) Review level of service methodologies used by cities and counties planning under chapter 36.70A RCW to promote a consistent regional evaluation of transportation facilities and corridors.

       (8) Work with cities, counties, transit agencies, the department of transportation, and others to develop level of service standards or alternative transportation performance measures.

       The department shall create subregion offices to provide assistance and advice to urbanized areas on congestion relief efforts.

       Sec. 5. RCW 43.17.020 and 1995 1st sp.s. c 2 s 2 are each amended to read as follows:

       There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9) the director of community, trade, and economic development, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, ((and)) (14) the secretary of health, and (15) the director of financial institutions.

       Such officers, except the ((secretary of transportation and the)) director of fish and wildlife, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. ((The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041.)) The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.

       Sec. 6. RCW 47.01.041 and 1983 1st ex.s. c 53 s 28 are each amended to read as follows:

       The executive head of the department of transportation shall be the secretary of transportation, who shall be appointed by the ((transportation commission, and)) governor for a term of six years from appointment, but may serve no more than one year unless and until confirmed by the senate, and may not be reappointed if senate confirmation has not been received within one year of appointment. The secretary shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. The secretary ((shall be an ex officio member of the commission without a vote. The secretary shall be the chief executive officer of the commission and be responsible to it, and shall be guided by policies established by it. The secretary shall serve until removed by the commission, but only for incapacity, incompetence, neglect of duty, malfeasance in office, or failure to carry out the commission's policies. Before a motion for dismissal shall be acted on by the commission, the secretary shall be granted a hearing on formal written charges before the full commission. An action by the commission to remove the secretary shall be final)) serves at the pleasure of the governor.

       Sec. 7. RCW 47.01.101 and 1987 c 505 s 48 and 1987 c 179 s 1 are each reenacted and amended to read as follows:

       The secretary shall have the authority and it shall be his or her duty, subject to policy guidance from the ((commission)) legislature and the governor:

       (1) To serve as chief executive officer of the department with full administrative authority to direct all its activities;

       (2) To organize the department as he or she may deem necessary to carry out the work and responsibilities of the department effectively;

       (3) To designate and establish such transportation district or branch offices as may be necessary or convenient, and to appoint assistants and delegate any powers, duties, and functions to them or any officer or employee of the department as deemed necessary to administer the department efficiently;

       (4) To direct and coordinate the programs of the various divisions of the department to assure that they achieve the greatest possible mutual benefit, produce a balanced overall effort, and eliminate unnecessary duplication of activity;

       (5) To adopt all department rules that are subject to the adoption procedures contained in the state Administrative Procedure Act((, except rules subject to adoption by the commission pursuant to statute));

       (6) To maintain and safeguard the official records of the department((, including the commission's recorded resolutions and orders));

       (7) ((To provide full staff support to the commission to assist it in carrying out its functions, powers, and duties and to execute the policy established by the commission pursuant to its legislative authority;

       (8))) To execute and implement the biennial operating budget for the operation of the department in accordance with chapter 43.88 RCW and with legislative appropriation and, in such manner as prescribed therein, to make and report to the ((commission)) governor and the chairs of the transportation committees of the senate and house of representatives, including one copy to the staff of each of the committees, deviations from the planned biennial category A and H highway construction programs necessary to adjust to unexpected delays or other unanticipated circumstances((.)); and

       (((9))) (8) To exercise all other powers and perform all other duties as are now or hereafter provided by law.

       NEW SECTION. Sec. 8. A new section is added to chapter 47.01 RCW to read as follows:

       All references in the Revised Code of Washington to the transportation commission that assign committee membership or administrative authority are transferred to the secretary of transportation.


PART II - TRANSPORTATION FUNDING BOARD


       NEW SECTION. Sec. 9. A new section is added to chapter 47.01 RCW to read as follows:

       (1) The transportation funding board is created.

       (2) The board is composed of seventeen members. No appointee may serve more than one year without senate confirmation. The following fourteen members are appointed by the governor with the advice and consent of the senate for terms of six years, except that six members initially are appointed for terms of three years:

       (a) Three representatives from counties, appointed from a list of at least four persons nominated by the Washington state association of counties or its successor;

       (b) Three representatives from cities and towns, appointed from a list of at least four persons nominated jointly by the association of Washington cities or its successor and city councils of any jurisdiction not represented by the association of Washington cities;

       (c) One representative of the public transit system;

       (d) One representative from the executive committee of the Washington state ferry users;

       (e) One member appointed as a representative of the trucking industry from a list of two persons recommended by the Washington trucking association or its successor;

       (f) One member appointed as a representative of the railroads;

       (g) One member appointed as a representative of the ports, appointed from a list of at least two persons nominated by the Washington public ports association or its successor;

       (h) Two private sector representatives; and

       (i) One member representing special needs transportation.

       (3) The board must also include the three following representatives:

       (a) One member representing the highways division of the department;

       (b) One member representing the local programs division of the department; and

       (c) One member representing the office of financial management.

       (4) In making appointments to the board, the governor shall ensure that each geographic region of the state is represented.

       (5) If a vacancy on the board occurs by death, resignation, or otherwise, the governor shall fill the vacant position for the unexpired term. Each vacancy in a position appointed from lists provided by the associations under subsection (2) of this section must be filled from a list of persons nominated by the appropriate association or associations.

       (6) The governor may not remove members from the board before the expiration of their terms unless for cause based upon a determination of incapacity, incompetence, neglect of duty, or malfeasance in office by the Thurston county superior court, upon petition and show cause proceedings brought for that purpose in that court and directed to the board member in question.

       (7) No member may be appointed for more than two consecutive terms.

       (8) No member may serve for more than one year without the consent of the senate.

       NEW SECTION. Sec. 10. A new section is added to chapter 47.01 RCW to read as follows:

       (1) The board shall meet quarterly and upon the call of its chair. It may adopt its own rules and may establish its own procedures. It shall act collectively in harmony with recorded resolutions or motions adopted by the majority vote of at least nine members.

       (2) The board shall elect one of its members as the chair for a term of one year. The chair may vote on all matters before the board.

       (3) Each member of the board will be compensated in accordance with RCW 43.03.250 and reimbursed for actual necessary traveling and other expenses in going to, attending, and returning from meetings of the board or that are incurred in the discharge of duties requested by the chair. However, in no event may a board member be compensated in any year for more than one hundred days, except the chair of the board may be compensated for not more than one hundred twenty-five days. Service on the board does not qualify as a service credit for the purposes of a public retirement system.

       (4) The highways and local programs division of the department shall provide staff support to the board.

       (5) The board shall keep proper records and is subject to audit by the state auditor.

       NEW SECTION. Sec. 11. A new section is added to chapter 47.01 RCW to read as follows:

       The board shall oversee and approve funding for improvements on state, city, and county arterials as specified by law. The board shall also select, prioritize, and create funding partnerships for freight transportation projects and minimize the impact of freight movement on local communities.

       NEW SECTION. Sec. 12. A new section is added to chapter 47.01 RCW to read as follows:

       The board and the highways and local programs division of the department shall:

       (1) Adopt rules necessary to implement the board's responsibilities relating to the allocation of funds; and

       (2) Adopt reasonably uniform design standards for city and county arterials.

       NEW SECTION. Sec. 13. A new section is added to chapter 47.01 RCW to read as follows:

       All costs associated with staff to the transportation funding board, together with travel expenses in accordance with RCW 43.03.050 and 43.03.060, will be paid from the urban arterial trust account, the transportation improvement account, the rural arterial trust account, and the motor vehicle account in the motor vehicle fund as determined by the biennial appropriation.

       NEW SECTION. Sec. 14. A new section is added to chapter 47.01 RCW to read as follows:

       The highways and local programs division of the department shall administer the rural arterial trust account created in RCW 36.79.020, with the oversight and approval of the transportation funding board. All rules and procedures previously adopted by the county road administration board regarding this account must be adopted in their entirety by the transportation funding board.

       NEW SECTION. Sec. 15. A new section is added to chapter 47.01 RCW to read as follows:

       (1) The highways and local programs division of the department shall administer the urban arterial trust account created in RCW 47.26.080, the arterial improvement grant program, the small city program, the city hardship program, and the pedestrian safety and mobility program, with oversight and approval by the transportation funding board. All rules and procedures regarding the administration of the account and programs must be adopted in their entirety by the transportation funding board.

       (2) The highways and local programs division of the department shall administer the transportation improvement account created in RCW 47.26.084 and the transportation partnership grant program, with the oversight and approval of the transportation funding board. All rules and procedures regarding the administration of the account and program must be adopted in their entirety by the transportation funding board.

       NEW SECTION. Sec. 16. A new section is added to chapter 47.01 RCW to read as follows:

       The transportation funding board and the highways and local programs division of the department shall adopt reasonable rules necessary to implement the city hardship assistance program as recommended by the road jurisdiction study.

       The following criteria should be used to implement the program:

       (1) Only those cities with a net gain in cost responsibility due to jurisdictional transfers in chapter 342, Laws of 1991, as determined by the board, may participate;

       (2) Cities with populations of fifteen thousand or less, as determined by the office of financial management, may participate;

       (3) The board shall develop criteria and procedures under which eligible cities may request funding for rehabilitation projects on city streets acquired under chapter 342, Laws of 1991; and

       (4) The board may also allocate funds from the city hardship assistance program to cities with a population under twenty thousand to offset extraordinary costs associated with the transfer of roadways other than under chapter 342, Laws of 1991, that occur after January 1, 1991.

       NEW SECTION. Sec. 17. A new section is added to chapter 47.01 RCW to read as follows:

       The legislature recognizes the need for a multijurisdictional body to review future requests for jurisdictional transfers. The transportation funding board shall receive petitions from cities, counties, or the state requesting any addition or deletion from the state highway system. Additionally, the board may conduct its own analysis and make recommendations based upon that analysis to determine additions or deletions from the state highway system. The board shall use the criteria established in RCW 47.17.001 in evaluating petitions and shall adopt rules for implementation of this process. The board shall forward any recommended jurisdictional transfers to the transportation committees of the house and senate by November 15th of each year.

       Sec. 18. RCW 36.57A.070 and 1985 c 6 s 5 are each amended to read as follows:

       The legislative transportation accountability program committee shall review the comprehensive transit plan adopted by the authority ((shall be reviewed by the state transportation commission)) to determine:

       (1) The completeness of service to be offered and the economic viability of the transit system proposed in such comprehensive transit plan;

       (2) Whether such plan integrates the proposed transportation system with existing transportation modes and systems that serve the benefit area;

       (3) Whether such plan coordinates that area's system and service with nearby public transportation systems;

       (4) Whether such plan is eligible for matching state or federal funds((;

       After reviewing the comprehensive transit plan, the state transportation commission shall have sixty days in which to approve such plan and to certify to the state treasurer that such public transportation benefit area shall be eligible to receive the motor vehicle excise tax proceeds authorized pursuant to RCW 35.58.273, as now or hereafter amended in the manner prescribed by chapter 82.44 RCW, as now or hereafter amended. To be approved a plan shall provide for coordinated transportation planning, the integration of such proposed transportation program with other transportation systems operating in areas adjacent to, or in the vicinity of the proposed public transportation benefit area, and be consistent with the public transportation coordination criteria adopted pursuant to the urban mass transportation act of 1964 as amended as of July 1, 1975. In the event such comprehensive plan is disapproved and ruled ineligible to receive motor vehicle tax proceeds, the state transportation commission shall provide written notice to the authority within thirty days as to the reasons for such plan's disapproval and such ineligibility. The authority may resubmit such plan upon reconsideration and correction of such deficiencies in the plan cited in such notice of disapproval)).

       Sec. 19. RCW 36.78.030 and 1971 ex.s. c 85 s 5 are each amended to read as follows:

       There is created hereby a county road administration board consisting of nine members who shall be appointed by the executive committee of the Washington state association of counties. ((Prior to July 1, 1965 the executive committee of the Washington state association of counties shall appoint the first members of the county road administration board: Three members to serve one year; three members to serve two years; and three members to serve three years from July 1, 1965. Upon expiration of the original terms subsequent)). Appointments ((shall)) must be made ((by the same appointing authority)) for three year terms except in the case of a vacancy, in which event the appointment ((shall)) will be only for the remainder of the unexpired term in which the vacancy has occurred.

       Sec. 20. RCW 36.78.070 and 1999 c 269 s 1 are each amended to read as follows:

       The county road administration board shall:

       (1) Establish by rule, standards of good practice for the administration of county roads and the efficient movement of people and goods over county roads;

       (2) Establish reporting requirements for counties with respect to the standards of good practice adopted by the board;

       (3) Receive and review reports from counties and reports from its executive director to determine compliance with legislative directives and the standards of good practice adopted by the board;

       (4) ((Advise counties on issues relating to county roads and the safe and efficient movement of people and goods over county roads and)) Assist counties in developing uniform and efficient transportation-related information technology resources;

       (5) Report annually before the fifteenth day of January, and throughout the year as appropriate, to the state department of transportation and to the chairs of the legislative transportation committee and the house and senate transportation committees, and to other entities as appropriate on the status of county road administration in each county, including one copy to the staff of each of the committees. The annual report shall contain recommendations for improving administration of the county road programs;

       (6) Administer the ((rural arterial program established by chapter 36.79 RCW and the)) program funded by the county arterial preservation account established by RCW 46.68.090((, as well as any other programs provided for in law)).

       Sec. 21. RCW 36.78.090 and 1984 c 7 s 33 are each amended to read as follows:

       (1) Before May 1st of each year the board shall transmit to the state treasurer certificates of good practice on behalf of the counties which during the preceding calendar year:

       (a) Have submitted to the state department of transportation or to the board all reports required by law or regulation of the board; and

       (b) Have reasonably complied with provisions of law relating to county road administration and with the standards of good practice as formulated and adopted by the board.

       (2) The board shall not transmit to the state treasurer a certificate of good practice on behalf of any county failing to meet the requirements of subsection (1) of this section, but the board shall in such case and before May 1st, notify the county and the state treasurer of its reasons for withholding the certificate.

       (3) The state treasurer, upon receiving a notice that a certificate of good practice will not be issued on behalf of a county, or that a previously issued certificate of good practice has been revoked, shall, effective the first day of the month after that in which notice is received, withhold from such county its share of motor vehicle fuel taxes distributable ((pursuant to)) under RCW 46.68.120 until the board ((thereafter)) issues on behalf of such county a certificate of good practice or a conditional certificate. After withholding or revoking a certificate of good practice with respect to any county, the board may ((thereafter)) at any time issue such a certificate or a conditional certificate when the board is satisfied that the county has complied or is diligently attempting to comply with the requirements of subsection (1) of this section.

       (4) The board may, upon notice and a hearing, revoke a previously issued certificate of good practice or substitute a conditional certificate ((therefor)) when, after issuance of a certificate of good practice, any county fails to meet the requirements of subsection (1) (a) and (b) of this section, but the board shall in such case notify the county and the state treasurer of its reasons for the revocation or substitution.

       (5) Motor vehicle fuel taxes withheld from any county pursuant to this section shall not be distributed to any other county, but shall be retained in the motor vehicle fund to the credit of the county originally entitled ((thereto)) to them. Whenever the state treasurer receives from the board a certificate of good practice issued on behalf of such county he shall distribute to such county all of the funds theretofore retained in the motor vehicle fund to the credit of such county.

       Sec. 22. RCW 36.78.100 and 1977 ex.s. c 257 s 2 are each amended to read as follows:

       Whenever the board finds that a county has failed to submit the reports required by RCW 36.78.090, or has failed to comply with provisions of law relating to county road administration or has failed to meet the standards of good practice as formulated and adopted by the board, the board may in lieu of withholding or revoking a certificate of good practice issue and transmit to the state treasurer on behalf of such county a conditional certificate which will authorize the continued distribution to such county all or a designated portion of its share of motor vehicle fuel taxes. The ((issuance of such)) board shall issue a conditional certificate ((shall be)) upon terms and conditions as ((shall be deemed by the board to be)) appropriate. ((In the event)) If a county on whose behalf a conditional certificate is issued fails to comply with the terms and conditions of such certificate, the board may ((forthwith)) cancel or modify such certificate notifying the state treasurer ((thereof)) of its action. In such case the state treasurer shall ((thereafter)) withhold from such county all or the designated portion of its share of the motor vehicle fuel taxes as provided in RCW 36.78.090.

       Sec. 23. RCW 36.79.010 and 1997 c 81 s 1 are each amended to read as follows:

       The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise.

       (1) "Rural arterial program" means improvement projects on those county roads in rural areas classified as rural arterials and collectors in accordance with the federal functional classification system and the construction of replacement bridges funded by the federal bridge replacement program on access roads in rural areas.

       (2) "Rural area" means every area of the state outside of areas designated as urban areas by the state transportation commission with the approval of the secretary of the United States department of transportation in accordance with federal law.

       (3) "Board" means the ((county road administration)) transportation funding board created by ((RCW 36.78.030)) section 9 of this act.

       Sec. 24. RCW 36.79.020 and 1997 c 81 s 2 are each amended to read as follows:

       There is created in the motor vehicle fund the rural arterial trust account. All moneys deposited in the motor vehicle fund to be credited to the rural arterial trust account shall be expended for (1) the construction and improvement of county rural arterials and collectors, (2) the construction of replacement bridges funded by the federal bridge replacement program on access roads in rural areas, and (3) those expenses of the board associated with the administration of the rural arterial program. No more than three percent of moneys in the account may be spent on the expenses of the board associated with the administration of the rural arterial program.

       Sec. 25. RCW 36.79.060 and 1998 c 245 s 31 are each amended to read as follows:

       The highways and local programs division of the department of transportation and the board shall:

       (1) Adopt rules necessary to implement the provisions of this chapter relating to the allocation of funds in the rural arterial trust account to counties;

       (2) Adopt reasonably uniform design standards for county rural arterials and collectors that meet the requirements for trucks transporting commodities.

       Sec. 26. RCW 36.79.110 and 1988 c 167 s 7 are each amended to read as follows:

       The county road administration board and the transportation ((improvement)) funding board shall jointly adopt rules to assure coordination of their respective programs especially with respect to projects proposed by the group of incorporated cities outside the boundaries of federally approved urban areas, and to encourage the system development of county-city arterials in rural areas.

       Sec. 27. RCW 43.84.092 and 2000 2nd sp.s. c 4 s 6 are each amended to read as follows:

       (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

       (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

       (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

       (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

       (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the Eastern Washington University capital projects account, the education construction fund, the emergency reserve fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the Puyallup tribal settlement account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

       (b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, ((the public transportation systems account,)) the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.

       (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

       Sec. 28. RCW 47.06A.010 and 1998 c 175 s 2 are each amended to read as follows:

       Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

       (1) "Board" means the ((freight mobility strategic investment)) transportation funding board created in ((RCW 47.06A.030)) section 9 of this act.

       (2) "Department" means the department of transportation.

       (3) "Freight mobility" means the safe, reliable, and efficient movement of goods within and through the state to ensure the state's economic vitality.

       (4) "Local governments" means cities, towns, counties, special purpose districts, port districts, and any other municipal corporations or quasi-municipal corporations in the state excluding school districts.

       (5) "Public entity" means a state agency, city, town, county, port district, or municipal or regional planning organization.

       (6) "Strategic freight corridor" means a transportation corridor of great economic importance within an integrated freight system that:

       (a) Serves international and domestic interstate and intrastate trade;

       (b) Enhances the state's competitive position through regional and global gateways;

       (c) Carries freight tonnages of at least:

       (i) Four million gross tons annually on state highways, city streets, and county roads;

       (ii) Five million gross tons annually on railroads; or

       (iii) Two and one-half million net tons on waterways; and

       (d) Has been designated a strategic corridor by the board under RCW 47.06A.020(3). However, new alignments to, realignments of, and new links to strategic corridors that enhance freight movement may qualify, even though no tonnage data exists for facilities to be built in the future.

       Sec. 29. RCW 47.06A.020 and 1999 c 216 s 1 are each amended to read as follows:

       (1) The highways and local programs division of the department and the board shall:

       (a) Adopt rules and procedures necessary to implement the freight mobility strategic investment program;

       (b) Solicit from public entities proposed projects that meet eligibility criteria established in accordance with subsection (4) of this section; and

       (c) Review and evaluate project applications based on criteria established under this section, and prioritize and select projects comprising a portfolio to be funded in part with grants from state funds appropriated for the freight mobility strategic investment program. In determining the appropriate level of state funding for a project, the board shall ensure that state funds are allocated to leverage the greatest amount of partnership funding possible. After selecting projects comprising the portfolio, the board shall submit them as part of its budget request to the office of financial management and the legislature. The board shall ensure that projects submitted as part of the portfolio are not more appropriately funded with other federal, state, or local government funding mechanisms or programs. The board shall reject those projects that appear to improve overall general mobility with limited enhancement for freight mobility.

       The board shall provide periodic progress reports on its activities to the office of financial management and the legislative transportation committee.

       (2) The board may:

       (a) Accept from any state or federal agency, loans or grants for the financing of any transportation project and enter into agreements with any such agency concerning the loans or grants;

       (b) Provide technical assistance to project applicants;

       (c) Accept any gifts, grants, or loans of funds, property, or financial, or other aid in any form from any other source on any terms and conditions which are not in conflict with this chapter;

       (d) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter; and

       (e) Do all things necessary or convenient to carry out the powers expressly granted or implied under this chapter.

       (3) The board shall designate strategic freight corridors within the state. The board shall update the list of designated strategic corridors not less than every two years, and shall establish a method of collecting and verifying data, including information on city and county-owned roadways.

       (4) From June 11, 1998, through the biennium ending June 30, 2001, the board shall utilize threshold project eligibility criteria that, at a minimum, includes the following:

       (a) The project must be on a strategic freight corridor;

       (b) The project must meet one of the following conditions:

       (i) It is primarily aimed at reducing identified barriers to freight movement with only incidental benefits to general or personal mobility; or

       (ii) It is primarily aimed at increasing capacity for the movement of freight with only incidental benefits to general or personal mobility; or

       (iii) It is primarily aimed at mitigating the impact on communities of increasing freight movement, including roadway/railway conflicts; and

       (c) The project must have a total public benefit/total public cost ratio of equal to or greater than one.

       (5) From June 11, 1998, through the biennium ending June 30, 2001, the board shall use the multicriteria analysis and scoring framework for evaluating and ranking eligible freight mobility and freight mitigation projects developed by the freight mobility project prioritization committee and contained in the January 16, 1998, report entitled "Project Eligibility, Priority and Selection Process for a Strategic Freight Investment Program." The prioritization process shall measure the degree to which projects address important program objectives and shall generate a project score that reflects a project's priority compared to other projects. The board shall assign scoring points to each criterion that indicate the relative importance of the criterion in the overall determination of project priority. After June 30, 2001, the board may supplement and refine the initial project priority criteria and scoring framework developed by the freight mobility project prioritization committee as expertise and experience is gained in administering the freight mobility program.

       (6) It is the intent of the legislature that each freight mobility project contained in the project portfolio submitted by the board utilize the greatest amount of nonstate funding possible. The board shall adopt rules that give preference to projects that contain the greatest levels of financial participation from nonprogram fund sources. The board shall consider twenty percent as the minimum partnership contribution, but shall also ensure that there are provisions allowing exceptions for projects that are located in areas where minimal local funding capacity exists or where the magnitude of the project makes the adopted partnership contribution financially unfeasible.

       (7) The board shall develop and recommend policies that address operational improvements that primarily benefit and enhance freight movement, including, but not limited to, policies that reduce congestion in truck lanes at border crossings and weigh stations and provide for access to ports during nonpeak hours.

       Sec. 30. RCW 47.26.044 and 1994 c 179 s 6 are each amended to read as follows:

       The term "board" as used in this chapter means the transportation ((improvement)) funding board.

       Sec. 31. RCW 47.26.080 and 1999 c 94 s 16 are each amended to read as follows:

       There is hereby created in the motor vehicle fund the urban arterial trust account. The intent of the urban arterial trust account program is to improve the arterial street system of the state by improving mobility and safety while supporting an environment essential to the quality of life of the citizens of the state of Washington. The city hardship assistance program, as provided in ((RCW 47.26.164)) section 16 of this act, and the small city program, as provided for in RCW 47.26.115, are implemented within the urban arterial trust account.

       The board shall not allocate funds, nor make payments of the funds under RCW 47.26.260, to any county, city, or town identified by the governor under RCW 36.70A.340.

       No more than two percent of the funds in the urban arterial trust account may be spent on administrative costs in implementing programs under this account.

       Sec. 32. RCW 47.26.084 and 1999 c 94 s 17 are each amended to read as follows:

       The transportation improvement account is hereby created in the motor vehicle fund. The intent of the program is to improve mobility of people and goods in Washington state by supporting economic development and environmentally responsive solutions to our statewide transportation system needs.

       Within one year after board approval of an application for funding, a county, city, or transportation benefit district shall provide written certification to the board of the pledged local and/or private funding. Funds allocated to an applicant that does not certify its funding within one year after approval may be reallocated by the board.

       No more than two percent of the funding in the account may be spent for the administrative costs to operate the program.

       Sec. 33. RCW 47.26.170 and 1994 c 179 s 16 are each amended to read as follows:

       Each county having within its boundaries an urban area and cities and towns shall prepare and submit to the ((transportation improvement)) board arterial inventory data required to determine the long-range arterial construction needs. The counties, cities, and towns shall revise the arterial inventory data every four years to show the current arterial construction needs through the advanced planning period, and as revised shall submit them to the ((transportation improvement)) board during the first week of January every four years beginning in 1996. The inventory data shall be prepared pursuant to guidelines established by the ((transportation improvement)) board. As information is updated, it shall be made available to the ((commission and the legislative)) transportation committees of the house and senate.

       Sec. 34. RCW 47.26.185 and 1994 c 179 s 17 are each amended to read as follows:

       The ((transportation improvement)) board may adopt rules establishing qualifications for cities and counties administering and supervising the design and construction of projects financed in part from funds administered by the board. The rules establishing qualification shall take into account the resources and population of the city or county, its permanent engineering staff, its design and construction supervision experience, and other factors the board deems appropriate. Any city or county failing to meet the qualifications established by the board for administering and supervising a project shall contract with a qualified city or county or the department for the administration and supervision of the design and construction of any approved project as a condition for receiving funds for the project.

       Sec. 35. RCW 47.26.260 and 1994 c 179 s 19 are each amended to read as follows:

       The ((transportation improvement)) board shall adopt rules providing for the approval of payments of funds in the accounts to a county, city, town, or transportation benefit district for costs of predesign, design, engineering, and costs of construction of an approved project from time to time as work progresses. These payments shall at no time exceed the account share of the costs incurred to the date of the voucher covering such payment.

       Sec. 36. RCW 47.26.270 and 1994 c 179 s 20 are each amended to read as follows:

       Counties, cities, towns, and transportation benefit districts receiving funds from the board shall provide such matching funds as established by rules adopted by the ((transportation improvement)) board. When determining matching requirements, the board shall consider (1) financial resources available to counties and cities to meet arterial needs, (2) the amounts and percentages of funds available for road or street construction traditionally expended by counties and cities on arterials, (3) in the case of counties, the relative needs of arterials lying outside urban areas, and (4) the requirements necessary to avoid diversion of funds traditionally expended for arterial construction to other street or road purposes or to nonhighway purposes.

       Sec. 37. RCW 47.26.426 and 1999 c 268 s 1 are each amended to read as follows:

       At least one year ((prior to)) before the date any interest is due and payable on such first authorization bonds, series II bonds, and series III bonds or before the maturity date of any such bonds, the state finance committee shall estimate, subject to the provisions of RCW 47.26.425, 47.26.4252, and 47.26.4254 the percentage of the receipts in money of the motor vehicle fund, resulting from collection of excise taxes on motor vehicle and special fuels, for each month of the year which shall be required to meet interest or bond payments hereunder when due, and shall notify the state treasurer of such estimated requirement. The state treasurer, subject to RCW 47.26.425, 47.26.4252, and 47.26.4254, shall thereafter from time to time each month as such funds are paid into the motor vehicle fund, transfer such percentage of the monthly receipts from excise taxes on motor vehicle and special fuels of the motor vehicle fund to the transportation ((improvement)) funding board bond retirement account, maintained in the office of the state treasurer, which fund shall be available for payment of interest or bonds when due. If in any month it shall appear that the estimated percentage of money so made is insufficient to meet the requirements for interest or bond retirement, the treasurer shall notify the state finance committee forthwith and such committee shall adjust its estimates so that all requirements for interest and principal of all bonds issued shall be fully met at all times.

       Sec. 38. RCW 47.26.440 and 1994 c 179 s 25 are each amended to read as follows:

       Not later than November 1st of each even-numbered year the ((transportation improvement)) board shall prepare and present to the ((commission)) department for comment and recommendation an adopted budget for expenditures from funds administered by the board during the ensuing biennium. The budget shall contain an estimate of the revenues to be credited to the several accounts and the amount, if any, of bond proceeds which the board determines should be made available through the sale of bonds in the ensuing biennium.

       Sec. 39. RCW 47.26.507 and 1999 c 268 s 3 are each amended to read as follows:

       Whenever the percentage of the motor vehicle fund arising from excise taxes on motor vehicle and special fuels payable into the transportation ((improvement)) funding board bond retirement account, shall prove more than is required for the payment of interest on bonds when due, or current retirement of bonds, any excess may, in the discretion of the state finance committee, be available for the prior redemption of any bonds or remain available in the ((fund [account])) account to reduce the requirements upon the fuel excise tax portion of the motor vehicle fund at the next interest or bond payment period.

       Sec. 40. RCW 82.44.150 and 1999 c 94 s 30 are each amended to read as follows:

       (1) The director of licensing shall, on the twenty-fifth day of February, May, August, and November of each year, advise the state treasurer of the total amount of motor vehicle excise taxes imposed by RCW 82.44.020(1) remitted to the department during the preceding calendar quarter ending on the last day of March, June, September, and December, respectively, except for those payable under RCW 82.44.030, from motor vehicle owners residing within each municipality which has levied a tax under RCW 35.58.273, which amount of excise taxes shall be determined by the director as follows:

       The total amount of motor vehicle excise taxes remitted to the department, except those payable under RCW 82.44.020(2) and 82.44.030, from each county shall be multiplied by a fraction, the numerator of which is the population of the municipality residing in such county, and the denominator of which is the total population of the county in which such municipality or portion thereof is located. The product of this computation shall be the amount of excise taxes from motor vehicle owners residing within such municipality or portion thereof. Where the municipality levying a tax under RCW 35.58.273 is located in more than one county, the above computation shall be made by county, and the combined products shall provide the total amount of motor vehicle excise taxes from motor vehicle owners residing in the municipality as a whole. Population figures required for these computations shall be supplied to the director by the office of financial management, who shall adjust the fraction annually.

       (2) On the first day of the months of January, April, July, and October of each year, the state treasurer based upon information provided by the department shall, from motor vehicle excise taxes deposited in the transportation fund under RCW 82.44.110, ((make the following deposits:

       (a))) deposit to the high capacity transportation account created in RCW 47.78.010, a sum equal to four and five-tenths percent of the special excise tax levied under RCW 35.58.273 by those municipalities authorized to levy a special excise tax within each county that has a population of one hundred seventy-five thousand or more and has an interstate highway within its borders; except that in a case of a municipality located in a county that has a population of one hundred seventy-five thousand or more that does not have an interstate highway located within its borders, that sum shall be deposited in the passenger ferry account((;

       (b) To the public transportation systems account created in RCW 82.44.180, for revenues distributed after June 30, 1999, within a county with a population of one million or more and a county with a population of from two hundred thousand to less than one million bordering a county with a population of one million or more with which it shares a border of more than five miles, a sum equal to 6.8688 percent of the special excise tax distributed under RCW 35.58.273; and

       (c) To the public transportation systems account created in RCW 82.44.180, for revenues distributed after June 30, 1999, within counties not described in (b) of this subsection, a sum equal to 1.0534 percent of the special excise tax levied and collected under RCW 35.58.273)).

       (3) On the first day of the months of January, April, July, and October of each year, the state treasurer, based upon information provided by the department, shall remit motor vehicle excise tax revenues imposed and collected under RCW 35.58.273 as follows:

       (a) The amount required to be remitted by the state treasurer to the treasurer of any municipality levying the tax shall not exceed in any calendar year the amount of locally-generated tax revenues, excluding (i) the excise tax imposed under RCW 35.58.273 for the purposes of this section, which shall have been budgeted by the municipality to be collected in such calendar year for any public transportation purposes including but not limited to operating costs, capital costs, and debt service on general obligation or revenue bonds issued for these purposes; and (ii) the sales and use tax equalization distributions provided under RCW 82.14.046; and

       (b) In no event may the amount remitted in a single calendar quarter exceed the amount collected on behalf of the municipality under RCW 35.58.273 during the calendar quarter next preceding the immediately preceding quarter, excluding the sales and use tax equalization distributions provided under RCW 82.14.046.

       (4) At the close of each calendar year accounting period, but not later than April 1, each municipality that has received motor vehicle excise taxes under subsection (3) of this section shall transmit to the director of licensing and the state auditor a written report showing by source the previous year's budgeted tax revenues for public transportation purposes as compared to actual collections. Any municipality that has not submitted the report by April 1 shall cease to be eligible to receive motor vehicle excise taxes under subsection (3) of this section until the report is received by the director of licensing. If a municipality has received more or less money under subsection (3) of this section for the period covered by the report than it is entitled to receive by reason of its locally-generated collected tax revenues, the director of licensing shall, during the next ensuing quarter that the municipality is eligible to receive motor vehicle excise tax funds, increase or decrease the amount to be remitted in an amount equal to the difference between the locally-generated budgeted tax revenues and the locally-generated collected tax revenues. In no event may the amount remitted for a calendar year exceed the amount collected on behalf of the municipality under RCW 35.58.273 during that same calendar year excluding the sales and use tax equalization distributions provided under RCW 82.14.046. At the time of the next fiscal audit of each municipality, the state auditor shall verify the accuracy of the report submitted and notify the director of licensing of any discrepancies.

       (5) The motor vehicle excise taxes imposed under RCW 35.58.273 and required to be remitted under this section and RCW 82.14.046 shall be remitted without legislative appropriation.

       (6) Any municipality levying and collecting a tax under RCW 35.58.273 which does not have an operating, public transit system or a contract for public transportation services in effect within one year from the initial effective date of the tax shall return to the state treasurer all motor vehicle excise taxes received under subsection (3) of this section.

       Sec. 41. RCW 82.44.180 and 1999 c 402 s 5 and 1999 c 94 s 31 are each reenacted and amended to read as follows:

       (((1))) The transportation fund is created in the state treasury. Revenues under RCW 82.44.110 and 82.50.510 shall be deposited into the fund as provided in those sections.

       Moneys in the fund may be spent only after appropriation. Expenditures from the fund may be used only for transportation purposes and activities and operations of the Washington state patrol not directly related to the policing of public highways and that are not authorized under Article II, section 40 of the state Constitution.

       (((2) There is hereby created the public transportation systems account within the transportation fund. Moneys deposited into the account under RCW 82.44.150(2) (b) and (c) shall be appropriated to the transportation improvement board and allocated by the transportation improvement board to public transportation projects submitted by the public transportation systems as defined by chapters 36.56, 36.57, and 36.57A RCW and RCW 35.84.060 and 81.112.030, and the Washington state ferry system, solely for:

       (a) Planning;

       (b) Development of capital projects;

       (c) Development of high capacity transportation systems as defined in RCW 81.104.015;

       (d) Development of high occupancy vehicle lanes and related facilities as defined in RCW 81.100.020;

       (e) Other public transportation system-related roadway projects on state highways, county roads, or city streets;

       (f) Public transportation system contributions required to fund projects under federal programs and those approved by the transportation improvement board from other fund sources; and

       (g) Reimbursement to the general fund of tax credits authorized under RCW 82.04.4453 and 82.16.048, subject to appropriation.))


PART III - LEGISLATIVE TRANSPORTATION ACCOUNTABILITY PROGRAM


       NEW SECTION. Sec. 42. The legislative transportation accountability program committee is created, consisting of four senators, two from each of the two largest caucuses, and four representatives, two from each of the two largest caucuses, from the legislature. The president of the senate shall appoint the senate members of the committee, and the speaker of the house shall appoint the house members of the committee. Not more than two members from each house may be from the same political party. All members must be appointed before the close of the 2001 session of the legislature and before the close of each regular session during each succeeding odd-numbered year. Members are subject to confirmation, as to the senate members by the senate, and as to the house members by the house.

       NEW SECTION. Sec. 43. The term of office of the members of the committee who continue to be members of the senate and house is from the close of the session in which they were appointed or elected as provided in section 42 of this act until the close of the next regular session during an odd-numbered year, or, if the appointments or elections are not made, until the close of the next regular session during an odd-numbered year during which successors are appointed or elected. The terms of office of committee members who do not continue to be members of the senate and house cease upon the convening of the next regular session of the legislature during an odd-numbered year after their confirmation, election, or appointment. Vacancies on the committee must be filled by interim appointment by the speaker of the house and president of the senate. All such vacancies must be filled from the same political party and from the same house as the member whose seat was vacated.

       NEW SECTION. Sec. 44. Upon the commencement of a succeeding regular session of the legislature during an odd-numbered year, those members of the committee who continue to be members of the senate and house, respectively, shall continue as members of the committee as indicated in section 43 of this act and the committee shall continue with all its powers, duties, authorities, records, papers, personnel, and staff, and all funds made available for its use.

       NEW SECTION. Sec. 45. The members of the committee shall serve without additional compensation, but will be reimbursed under RCW 44.04.120 while attending sessions of the committee or meetings of any subcommittee of the committee, or on other committee business authorized by the committee.

       NEW SECTION. Sec. 46. All expenses incurred by the committee, including salaries and expenses of employees, will be paid upon voucher forms as provided by the administrator and signed by the chair or vice-chair of the committee and attested by the secretary of the committee, and the authority of the chair and secretary to sign vouchers continues until their successors are selected after each ensuing session of the legislature. Vouchers may be drawn on funds appropriated by law for the committee. The senate and the house may authorize the committee to draw on funds appropriated by the legislature for legislative expenses.

       NEW SECTION. Sec. 47. The committee shall appoint its own chair, vice-chair, and other officers; and make rules for orderly procedure.

       NEW SECTION. Sec. 48. The committee shall acquire a data processing service capability under the exclusive jurisdiction and control of the legislature acting through the committee and its administrator for the purpose of providing the legislature and its staff with the type of information required for in-depth analysis and monitoring of state transportation activities. The legislative transportation accountability program established in this section may be referred to in this chapter as the LTAP administration.

       NEW SECTION. Sec. 49. To carry out section 48 of this act the LTAP administration shall provide for:

       (1) Automated data bases and application systems in support of legislative requirements to monitor, evaluate, analyze, report, and review;

       (2) Maintenance of computer software, application programs, data bases, and related documentation;

       (3) Education, training, and programming services;

       (4) Procedural documentation support; and

       (5) Consulting assistance on special projects.

       NEW SECTION. Sec. 50. The legislature recognizes that the Blue Ribbon Commission on Transportation issued comprehensive reports on transportation in November of 2000, in which seventeen separate benchmarks to measure performance were outlined. These benchmarks set forth a vision of comprehensive transportation system performance measurements and goals towards which all levels of government and modes of transportation should work. Adoption of these benchmarks is essential to forming the cornerstone of government accountability at the state, city, county, and transit district levels. The legislature intends to adopt these benchmarks, and further intends that they be used to measure results and monitor performance of the state's transportation system at the state, city, county, and transit district levels. These benchmarks will provide a baseline of transportation performance against which future action can be measured and performance goals set to achieve these benchmarks. The legislature intends that transportation funding be tied to progress in achieving these benchmarks. All modes and facets of the transportation system, both existing and new or proposed systems, are subject, and must work, to ensure that these benchmarks are met at the state, city, county, and transit district levels.

       NEW SECTION. Sec. 51. On December 15th of each year, the LTAP committee shall prepare and submit to the house and senate standing committees on transportation and the office of financial management, a comprehensive statewide report on transportation systems at the state, county, city, and transit levels, measuring each system's performance and progress in achieving the following benchmarks:

       (1) No interstate highway within the state is in poor condition;

       (2) No major state route is in poor condition;

       (3) No local arterial in the state is in poor condition;

       (4) No bridge in the state is structurally deficient;

       (5) Traffic congestion on urban interstate highways does not exceed the national mean for national metropolitan areas;

       (6) Driver delay in metropolitan areas does not exceed the national mean for national metropolitan areas;

       (7) All bridges within the state have been retrofitted for seismic safety, and are maintained to ensure seismic safety;

       (8) Per capita vehicle miles traveled does not exceed the total per capita vehicle miles driven in calendar year 2000;

       (9) Nonautomobile trips in urban centers are a significant portion of all trips within urban area;

       (10) Administrative costs as a percentage of transportation spending are no greater than the national median, and are consistently improved until they are at least within the most efficient quartile nationally;

       (11) Public transit agencies achieve the median cost per vehicle revenue hour of peer group transit agencies, after adjustment to reflect regional cost-of-living is made;

       (12) The number of traffic accidents on systems throughout the state continues to decline;

       (13) Air quality is maintained at federally required levels;

       (14) Operations, maintenance, and project delivery costs are continuously improved to incorporate the best and most cost-effective practices available;

       (15) There are adequate funding sources to ensure that the transportation system keeps pace with growth in population and economy;

       (16) Freight mobility is accommodated within the transportation system; and

       (17) Overall hours of travel delay per person in congested corridors are reduced to and maintained at reasonable levels.

       These benchmarks represent only minimum standards, and while each system need not meet all benchmarks at any given time, each system must consistently work towards achieving, maintaining, and surpassing these benchmarks.

       The LTAP may compile data and adopt rules and standards necessary to define and measure these benchmarks.

       NEW SECTION. Sec. 52. (1) The LTAP shall serve as a single, independent, statewide point of accountability for reporting, funding, and monitoring the performance of an integrated transportation system. The LTAP has the following functions:

       (a) Take responsibility for overseeing the attainment of benchmarks adopted by the Blue Ribbon Commission on Transportation on November 29, 2000;

       (b) Report annually to the governor and the legislature on:

       (i) Progress toward achieving reform and efficiencies;

       (ii) Progress toward accomplishment of the legislature's adopted investment strategies; and

       (iii) Policy proposals for furthering progress toward benchmarks and related transportation policies;




       (c) Review regional and integrated statewide transportation plans and budgets and advise local and state entities on whether those plans and budgets are consistent with statewide transportation benchmarks; and

       (d) Monitor and report the efforts at the state, city, county, and transit district levels on adopting leading edge transportation strategies and achieving transportation benchmarks.

       (2) The committee may:

       (a) Have timely access, upon written request of the administrator, to all machine readable, printed, and other data of state transportation agencies relative to expenditures, budgets, and related fiscal matters; and

       (b) Enter into contracts; and when entering into a contract for computer access, make necessary provisions relative to the scheduling of computer time and use in recognition of the unique requirements and priorities of the legislative process.

       NEW SECTION. Sec. 53. The committee may make reports to the legislature. The committee shall keep complete minutes of its meetings.

       NEW SECTION. Sec. 54. Each person who appears before the committee, other than a state official or employee, may upon request receive for attendance the fees and mileage provided for witnesses in civil cases in courts of record in accordance with RCW 2.40.010. The requests must be audited and paid upon the presentation of proper vouchers signed by the person and approved by the secretary and chair of the committee.

       NEW SECTION. Sec. 55. The committee may appoint an officer to be known as the LTAP administrator to serve as the executive officer of the committee, assist in its duties, and compile information for the committee.

       The committee may select and employ temporary and permanent personnel and fix their salaries.

       The administrator shall:

       (1) Manage the LTAP operations;

       (2) Assist the several standing committees of the house and senate; appear before other legislative committees; and assist any other legislative committee upon instruction by the committee;

       (3) Provide the legislature with information obtained under the direction of the committee;

       (4) Maintain a record of all work performed by the administrator under the direction of the committee and to keep and make available all documents, data, and reports submitted to the administrator by any legislative committee.

       NEW SECTION. Sec. 56. The committee is expressly exempted from chapter 43.105 RCW.

       NEW SECTION. Sec. 57. The committee shall cooperate, act, and function with Washington state legislative committees and may cooperate with the councils or committees of other states similar to this committee and with other interstate research organizations.

       NEW SECTION. Sec. 58. Sections 42 through 57 of this act constitute a new chapter in Title 44 RCW.

       NEW SECTION. Sec. 59. The executive director of the transportation improvement board, the freight mobility strategic investment board, the director of the county road administration board, and the assistant secretary of the highways and local programs division within the department of transportation, along with the secretary of transportation, the chair of the transportation improvement board, the chair of the county road administration board, the chair of the transportation commission, the director of the office of financial management, the chair of the senate transportation committee, and the chair of the house transportation committee, or their designees shall submit to the legislature and the office of financial management, by December 1, 2001, an interim plan and time schedule to consolidate the rural arterial trust account responsibilities of the county road administration board, the transportation improvement board, and the freight mobility strategic investment board. A final plan and time schedule must be submitted to the legislature and the office of financial management by December 1, 2002.

       The legislative transportation accountability program committee shall submit an interim report to the legislature and the office of financial management by December 1, 2001, providing a plan and schedule for beginning operations of the LTAP. A final plan and schedule must be submitted to the legislature and the office of financial management by December 1, 2002.

       NEW SECTION. Sec. 60. The following acts or parts of acts are each repealed:

       (1) RCW 36.79.070 (Board may contract with department of transportation for staff services and facilities) and 1983 1st ex.s. c 49 s 7;

       (2) RCW 47.01.051 (Commission created--Appointment of members--Terms--Qualifications--Removal) and 1977 ex.s. c 151 s 5;

       (3) RCW 47.01.061 (Commission--Procedures and internal operations) and 1987 c 364 s 2, 1984 c 287 s 94, 1983 1st ex.s. c 53 s 29, 1981 c 59 s 1, & 1977 ex.s. c 151 s 6;

       (4) RCW 47.01.070 (Director's and commissioner's prior assignments may be delegated) and 1977 ex.s. c 151 s 27 & 1961 c 13 s 47.01.070;

       (5) RCW 47.26.121 (Transportation improvement board--Membership--Chair--Expenses) and 1996 c 49 s 1, 1995 c 269 s 2603, 1994 c 179 s 13, & 1993 c 172 s 1;

       (6) RCW 47.26.130 (Transportation improvement board--Travel expenses) and 1988 c 167 s 15, 1975-'76 2nd ex.s. c 34 s 139, 1975 1st ex.s. c 1 s 2, 1969 ex.s. c 171 s 2, & 1967 ex.s. c 83 s 19;

       (7) RCW 47.26.140 (Transportation improvement board--Executive director, staff--Finances) and 1999 c 94 s 19, 1996 c 49 s 2, 1995 c 269 s 2605, 1994 c 179 s 14, 1988 c 167 s 16, 1977 ex.s. c 151 s 58, 1975-'76 2nd ex.s. c 34 s 140, 1969 ex.s. c 171 s 3, & 1967 ex.s. c 83 s 20;

       (8) RCW 47.26.150 (Transportation improvement board--Meetings) and 1988 c 167 s 17;

       (9) RCW 47.26.160 (Transportation improvement board--Powers and duties) and 1995 c 269 s 2607, 1994 c 179 s 15, 1988 c 167 s 18, 1987 c 505 s 51, 1984 c 7 s 155, 1977 ex.s. c 235 s 17, 1971 ex.s. c 291 s 1, & 1967 ex.s. c 83 s 22;

       (10) RCW 47.26.164 (City hardship assistance program--Implementation) and 1999 c 94 s 20 & 1991 c 342 s 60;

       (11) RCW 47.26.167 (Jurisdictional transfers) and 1991 c 342 s 62;

       (12) RCW 47.06A.001 (Findings) and 1998 c 175 s 1;

       (13) RCW 47.06A.030 (Board--Creation--Membership) and 1999 c 216 s 2 & 1998 c 175 s 4;

       (14) RCW 47.06A.040 (Board--Administration and staffing) and 1999 c 216 s 3 & 1998 c 175 s 5;

       (15) RCW 47.06A.070 (Records) and 1998 c 175 s 8; and

       (16) RCW 47.06A.900 (Severability--1998 c 175) and 1998 c 175 s 15.

       NEW SECTION. Sec. 61. Part headings used in this act are not part of the law.

       NEW SECTION. Sec. 62. (1) Sections 42 and 59 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.

       (2) Sections 4 through 7 of this act take effect January 1, 2002.

       (3) The remainder of this act takes effect July 1, 2003."


MOTIONS


      On motion of Senator Haugen, the following title amendment was adopted:

       On line 2 of the title, after "commission;" strike the remainder of the title and insert "amending RCW 47.01.021, 47.80.023, 43.17.020, 47.01.041, 36.57A.070, 36.78.030, 36.78.070, 36.78.090, 36.78.100, 36.79.010, 36.79.020, 36.79.060, 36.79.110, 43.84.092, 47.06A.010, 47.06A.020, 47.26.044, 47.26.080, 47.26.084, 47.26.170, 47.26.185, 47.26.260, 47.26.270, 47.26.426, 47.26.440, 47.26.507, and 82.44.150; reenacting and amending RCW 47.01.101 and 82.44.180; adding new sections to chapter 47.01 RCW; adding a new chapter to Title 44 RCW; creating new sections; repealing RCW 36.79.070, 47.01.051, 47.01.061, 47.01.070, 47.26.121, 47.26.130, 47.26.140, 47.26.150, 47.26.160, 47.26.164, 47.26.167, 47.06A.001, 47.06A.030, 47.06A.040, 47.06A.070, and 47.06A.900; providing effective dates; and declaring an emergency."

      On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5755 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5755.




ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5755 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 6; Absent, 0; Excused, 4.

     Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Fraser, Gardner, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Zarelli - 39.

     Voting nay: Senators Hale, Hewitt, McCaslin, Morton, Parlette and Sheahan - 6.

     Excused: Senators Franklin, McDonald, Stevens and West - 4.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5755, 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 11:40 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Monday, March 26, 2001.


BRAD OWEN, President of the Senate


TONY M. COOK, Secretary of the Senate