5972 AMS .... S3206.1

SB 5972 - S AMD TO STRIKING AMD #655 (S-3207.1/93)

By Senator Vognild

    On page 3, beginning on line 15 of the amendment, strike all of section 6 and insert the following:

    "NEW SECTION. Sec. 6. FOR THE STATE PATROL‑-FIELD OPERATIONS BUREAU

Motor Vehicle Fund‑‑State Patrol Highway Account‑-

    State Appropriation............................. $ 143,616,000

Motor Vehicle Fund‑‑State Patrol Highway Account‑-

    Federal Appropriation ........................... $   3,218,000

Transportation Fund‑-State Appropriation.............            $ 788,000

               TOTAL APPROPRIATION................. $ 147,622,000

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

    Any user of Washington state patrol aircraft shall reimburse the Washington state patrol for its pro rata share of all operating and maintenance costs including capitalization."

SB 5972 - S AMD TO STRIKING AMD #655 (S-3207.1/93)

By Senator Vognile

    On page 3, after line 26 of the amendment, insert the following:

    "NEW SECTION. Sec. 7. FOR THE STATE PATROL‑-INVESTIGATIVE SERVICES BUREAU

Transportation Fund‑-State Appropriation.............            $...................................... 22,576,000

General Fund‑-Death Investigations Account‑-State

      Appropriations................................ $      24,000

General Fund‑-Private/Local Appropriation........... $     184,000

General Fund‑-Federal Appropriation..................            $.................................. 1,037,000

               TOTAL APPROPRIATION................. $ 23,821,000"

    Renumber the remaining sections consecutively and correct any internal references accordingly.

SB 5972 - S AMD TO STRIKING AMD #655 (S-3207.1/93)

By Senator Vognild

    On page 3, beginning on line 27 of the amendment, strike all of section 7 and insert the following:

    "NEW SECTION. Sec. 7. FOR THE STATE PATROL‑‑SUPPORT SERVICES BUREAU

Motor Vehicle Fund‑‑State Patrol Highway Account‑-

    State Appropriation............................. $  57,574,000

Transportation Fund‑-State Appropriation.............            $...................................... 4,490,000

               TOTAL APPROPRIATION................. $ 62,064,000"

SB 5972 - S AMD TO STRIKING AMD # 655 (S-3207.1/93)

By Senator Vognild

    Beginning on page 3, line 31 of the amendment, strike all of section 8 and insert the following:

    "NEW SECTION. Sec. 8. FOR THE DEPARTMENT OF LICENSING‑‑MANAGEMENT OPERATIONS

General Fund‑‑Wildlife Account--State Appropriation. $      46,000

Transportation Fund‑-State Appropriation.............            $ 414,000

Highway Safety Fund--State Appropriation.............            $...................................... 5,523,000

Highway Safety Fund--Motorcycle Safety Education

    Account‑-State Appropriation.................... $      96,000

Motor Vehicle Fund--State Appropriation............. $   4,379,000

               TOTAL APPROPRIATION................. $ 10,458,000"

SB 5972 - S AMD TO STRIKING AMD # 655 (S-3207.1/93)

By Senator Vognild

    On page 4, beginning on line 5 of the amendment, strike all of section 9 and insert the following:

    "NEW SECTION. Sec. 9. FOR THE DEPARTMENT OF LICENSING‑-INFORMATION SYSTEMS

General Fund‑‑Wildlife Account‑-State Appropriation. $     221,000

Transportation Fund‑-State Appropriation.............            $ 247,000

Highway Safety Fund‑-State Appropriation.............            $...................................... 5,131,000

Highway Safety Fund--Motorcycle Safety Education

    Account‑-State Appropriation.................... $      50,000

Motor Vehicle Fund‑-State Appropriation............. $   9,869,000

               TOTAL APPROPRIATION................. $  15,518,000

    Contained in this appropriation is $10,000,000 for the licensing application migration project (LAMP), of which $6,000,000 is motor vehicle fund--state and $4,000,000 highway safety fund--state.  Of the $10,000,000 appropriation $500,000 is provided solely as a contingency amount.  The appropriation for LAMP is conditioned upon compliance with section 49 of this act.  If section 49 of this act is not enacted during the 1993 legislative session, then the $10,000,000 appropriation for the licensing application migration project (LAMP) shall lapse."

SB 5972 - S AMD TO STRIKING AMD #655 (S-3207.1/93)

By Senator Vognild

    Beginning on page 4, line 32 of the amendment, strike all of section 11 and insert the following:

    "NEW SECTION. Sec. 11. FOR THE DEPARTMENT OF LICENSING‑‑DRIVER SERVICES

Transportation Fund‑-State Appropriation.............            $...................................... 4,396,000

Highway Safety Fund--State Appropriation.............            $...................................... 51,752,000

Highway Safety Fund‑‑Motorcycle Safety Education

    Account‑-State Appropriation.................... $   1,300,000

               TOTAL APPROPRIATION................. $ 57,448,000"

SB 5972 - S AMD TO STRIKING AMD #655 (S-3207.1/93)

By Senator Vognild

    On page 5, beginning on line 4 of the amendment, strike all of section 12 and insert the following:

    "NEW SECTION. Sec. 12. FOR THE LEGISLATIVE TRANSPORTATION COMMITTEE

Motor Vehicle Fund‑-State Appropriation............. $  2,644,000"

SB 5972 - S AMD TO STRIKING AMD #655(S-3207.1/93)

By Senators Fraser and Vognild

    Beginning on page 7, line 32 of the amendment, strike all of section 21 and insert the following:

    "NEW SECTION. Sec. 21. FOR THE DEPARTMENT OF TRANSPORTATION‑-STATE HIGHWAY RESURFACING, RESTORATION, REHABILITATION, AND SAFETY‑-PROGRAM A

Motor Vehicle Fund‑-State Appropriation............. $ 140,937,000

Motor Vehicle Fund‑-Federal Appropriation........... $  98,040,000

Motor Vehicle Fund‑-Local Appropriation............. $   3,460,000

Highway Heritage Account‑-State Appropriation........            $ 137,000

               TOTAL APPROPRIATION................. $ 242,574,000

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

    (1) The appropriations in this section are provided for the location, design, right of way, and construction of state highway projects designated as category "A" under RCW 47.05.030.

    It is the intent that the appropriations in this section do not commit the governor nor the legislature to the transportation commission's proposed category "A" program update.

    (2) Up to $650,000 of the motor vehicle fund‑-state appropriation is provided solely for an inventory of drainage facilities; analysis of water sources entering the Washington department of transportation facilities; testing for contaminants; analyzing the flow of discharged stormwater; and developing a prioritization system that will enable the department to evaluate proposed construction projects with regard to their effects on sensitive water bodies.

    (3) Up to $1,326,000 of the motor vehicle fund--state appropriation is provided for fish passage barrier removal.  The department of transportation shall cooperate with the department of fisheries to continue retrofit work now in progress, finalize the inventory, and begin additional projects as funds allow.

    (4) Up to $1,200,000 of the motor vehicle fund‑-state appropriation is provided for the state match for the scenic highways program.  In the event the full state match is not required, the remainder shall revert to the motor vehicle fund for future appropriation.

    (5) The highway heritage account‑-state appropriation shall lapse if Substitute Senate Bill No. 5605 is not enacted by the legislature."

SB 5972 - S AMD TO STRIKING AMD #655 (S-3207.1/93)

By Senator Vognild

    Beginning on page 8, line 29 of the amendment, strike all of section 22 and insert the following:

    "NEW SECTION. Sec. 22. FOR THE DEPARTMENT OF TRANSPORTATION‑-INTERSTATE HIGHWAY CONSTRUCTION‑-PROGRAM B

Motor Vehicle Fund‑-State Appropriation............. $  55,245,000

Motor Vehicle Fund‑-Federal Appropriation........... $ 446,000,000

Motor Vehicle Fund‑-Local Appropriation............. $   4,000,000

               TOTAL APPROPRIATION................. $ 505,245,000

    The appropriations in this section are provided for the location, design, right of way, and construction of state highway projects on the interstate system designated as category "B" under RCW 47.05.030.  The appropriations in this section are subject to the following conditions and limitations:

    (1) The motor vehicle fund--state appropriation includes a maximum of $53,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.790 and 47.10.801.  However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

    (2) Should cash flow demands exceed the motor vehicle fund--federal appropriation, the motor vehicle fund‑‑state appropriation is increased proportionally to provide matching state funds from the sale of bonds authorized by RCW 47.10.801 and 47.10.790 not to exceed $10,000,000 and it is understood that the department shall seek authority to expend unanticipated receipts for the federal portion.

    (3) It is further recognized that the department may make use of federal cash flow obligations on interstate construction contracts in order to complete the interstate highway system as expeditiously as possible.

    (4) Up to $7,185,000 of the appropriation in this section is provided for construction of demonstration projects specified in the federal intermodal surface transportation efficiency act (P.L. 101-240; 105 Stat. 1914).  State funds needed for the federal match requirements shall be from the bonds sales proceeds not to exceed $1,437,000 as authorized by Senate Bill No. 5371.  However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation."

SB 5972 - S AMD TO STRIKING AMD #655 (S-3207.1/93)

By Senator Vognild

    Beginning on page 9, line 31 of the amendment, strike all of section 23 and insert the following:

    "NEW SECTION. Sec. 23. FOR THE DEPARTMENT OF TRANSPORTATION‑-MAJOR NONINTERSTATE HIGHWAY CONSTRUCTION‑-PROGRAM C

Motor Vehicle Fund‑-State Appropriation............. $ 144,878,000

Motor Vehicle Fund‑-Federal Appropriation........... $  67,000,000

Motor Vehicle Fund‑-Local Appropriation............. $   5,000,000

Transportation Fund‑-State Appropriation.............            $...................................... 48,150,000

Special Category C--State Appropriation............. $ 166,833,000

Puyallup Tribal Settlement Account--

    State Appropriation............................. $  44,024,000

Puyallup Tribal Settlement Account--

    Private Local Appropriation..................... $   6,000,000

               TOTAL APPROPRIATION................. $ 481,885,000

    The appropriations in this section are provided for the location, design, right of way acquisition, and construction of state highway projects designated as category "C" under RCW 47.05.030.  The appropriations in this section are subject to the following conditions and limitations:

    (1) The motor vehicle fund‑-state appropriation includes $68,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.790 and 47.10.801.  However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

    (2) Up to $44,000,000 of the motor vehicle fund‑-federal appropriation in this section is provided for construction of demonstration projects specified in the federal intermodal surface transportation efficiency act (P.L. 101-240; 105 Stat. 1914).  The motor vehicle fund‑-state appropriation includes $13,000,000 for the federal match requirements, which shall be from the bond sales proceeds as authorized by Senate Bill No. 5371.  However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.  No bond proceeds shall be used to pay for a federal demonstration study project.

    (3) The special category C fund‑-state appropriation of $166,833,000 includes $108,000,000 in proceeds from the sale of bonds authorized by Senate Bill No. 5343 for the 1st Avenue South Bridge in Seattle, North-South Corridor/Division Street improvements in Spokane, and selected sections of State Route 18.  However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation."

SB 5972 - S AMD TO STRIKING AMD #655 (S-3207.1/93)

By Senator Vognild

    On page 12, beginning on line 9 of the amendment, strike all of section 28 and insert the following:

    "NEW SECTION. Sec. 28. FOR THE DEPARTMENT OF TRANSPORTATION‑-NONINTERSTATE BRIDGES‑-PROGRAM H

Motor Vehicle Fund‑-State Appropriation............. $  40,027,000

Motor Vehicle Fund‑-Federal Appropriation........... $  71,000,000

Motor Vehicle Fund‑-Local Appropriation............. $   1,000,000

               TOTAL APPROPRIATION................. $ 112,027,000

    The appropriations in this section are provided to preserve the structural and operating integrity of existing bridges.  It is the intent that this appropriation does not commit the governor nor the legislature to the transportation commission's proposed twenty-year bridge program."

SB 5972 - S AMD TO STRIKING AMD #655 (S-3207.1/93)

By Senator Sheldon

    Beginning on page 16, line 11 of the amendment, strike all of section 36 and insert the following:

    "NEW SECTION. Sec. 36. FOR THE DEPARTMENT OF TRANSPORTATION‑-MARINE‑-PROGRAM X

Marine Operating Fund‑-State Appropriation.......... $ 237,309,000

    The appropriation in this section is subject to the following conditions and limitations:

    (1) The appropriation is based on the budgeted expenditure of $27,123,000 for vessel operating fuel in the 1993-95 biennium.  If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended.  If the actual cost exceeds this amount, the department shall request a supplemental appropriation.

    (2) The appropriation contained in this section provides for the compensation of ferry employees.  The expenditures for compensation paid to ferry employees during the 1993-95 biennium may not exceed $159,183,000 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 $324.20 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, and a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges.  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 insurance benefit increase dollar amount that shall be allocated from the governor's compensation insurance benefits appropriation is in addition to the appropriation contained in this section and may be used to increase compensation costs, effective July 1, 1993, and July 1, 1994.

    (3) The appropriation in this section includes $250,000 to (a) ensure the marine division of the department of transportation's compliance with RCW 88.46.060 through a contractual agreement between Washington state ferries and the Washington state maritime commission and (b) assist Washington state ferries in oil spill prevention, planning, and education in accordance with chapter 43.21I RCW.

    (4) The appropriation in this section includes $154,000 for support of Clinton terminal agent expenses, but shall be expended only upon the construction of a new Clinton terminal.

    (5) The appropriation in this section includes $359,000 to provide, during the summer, eight hours of Issaquah vessel class service on the Edmonds/Kingston route.  This amount shall be expended only if the super class vessel refurbishment program impacts super class vessel service on this route.

    (6) The appropriation in this section includes $185,000 to assess the ability of enhancing vessel maintenance for those routes that require extensive service schedules throughout the year by placing additional oiler staff hours on two routes during the 1993-94 fiscal year.  The results of this maintenance approach shall be reported to the legislative transportation committee and the office of financial management by December 1, 1993.

    (7) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the operating program authorized in this section."

SB 5972 - S AMD TO STRIKING AMD #655 (S-3207.1/93)

By Senators Fraser and Rasmussen

    On page 23, after line 30 of the amendment, insert the following:

    "Sec. 55.  RCW 43.99.070 and 1990 c 42 s 116 are each amended to read as follows:

    Upon expiration of the time limited by RCW 82.36.330 for claiming of refunds of tax on marine fuel, the state of Washington shall succeed to the right to such refunds.  From time to time, but at least once each biennium, the director of licensing, after taking into account past and anticipated claims for refunds from and deposits to the marine fuel tax refund account and the costs of carrying out the provisions of RCW 43.99.030, shall request the state treasurer to transfer ((an amount equal to the proportion of the moneys in the account representing the motor vehicle fuel tax rate under RCW 82.36.025 in effect on January 1, 1990, to the outdoor recreation account and the remainder to the motor vehicle fund)) to the outdoor recreation account such of the moneys in the marine fuel tax refund account that are not required for payment of the refund claims or costs, and the state treasurer shall make the transfer.

    Sec. 56.  RCW 46.09.170 and 1990 c 42 s 115 are each amended to read as follows:

    (1) From time to time, but at least once each year, the state treasurer shall refund from the motor vehicle fund one percent of the motor vehicle fuel tax revenues collected under chapter 82.36 RCW, ((based on the tax rate in effect January 1, 1990,)) less proper deductions for refunds and costs of collection as provided in RCW 46.68.090.  The treasurer shall place these funds in the general fund as follows:

    (a) Forty percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of natural resources solely for planning, maintenance, and management of ORV recreation facilities, nonhighway roads, and nonhighway road recreation facilities.  The funds under this subsection shall be expended in accordance with the following limitations:

    (i) Not more than five percent may be expended for information programs under this chapter;

    (ii) Not less than ten percent and not more than fifty percent may be expended for ORV recreation facilities;

    (iii) Not more than twenty-five percent may be expended for maintenance of nonhighway roads;

    (iv) Not more than fifty percent may be expended for nonhighway road recreation facilities;

    (v) Ten percent shall be transferred to the interagency committee for outdoor recreation for grants to law enforcement agencies in those counties where the department of natural resources maintains ORV facilities.  This amount is in addition to those distributions made by the interagency committee for outdoor recreation under (d)(i) of this subsection;

    (b) Three and one-half percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of wildlife solely for the acquisition, planning, development, maintenance, and management of nonhighway roads and recreation facilities;

    (c) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and recreation commission solely for the maintenance and management of ORV use areas and facilities; and

    (d) Fifty-four and one-half percent, together with the funds received by the interagency committee for outdoor recreation under RCW 46.09.110, shall be credited to the outdoor recreation account to be administered by the committee for planning, acquisition, development, maintenance, and management of ORV recreation facilities and nonhighway road recreation facilities; ORV user education and information; and ORV law enforcement programs.  The funds under this subsection shall be expended in accordance with the following limitations:

    (i) Not more than twenty percent may be expended for ORV education, information, and law enforcement programs under this chapter;

    (ii) Not less than an amount equal to the funds received by the interagency committee for outdoor recreation under RCW 46.09.110 and not more than sixty percent may be expended for ORV recreation facilities;

    (iii) Not more than twenty percent may be expended for nonhighway road recreation facilities.

    (2) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.

    Sec. 57.  RCW 46.10.170 and 1990 c 42 s 117 are each amended to read as follows:

    From time to time, but at least once each biennium, the department shall determine the amount or proportion of moneys paid to it as motor vehicle fuel tax, ((based on the tax rate in effect January 1, 1990,)) which is tax on snowmobile fuel.  Such determination may be made in any manner which is, in the judgment of the director, reasonable, but the manner used to make such determination shall be reported at the end of each biennium to the legislature.  To offset the actual cost of making such determination the treasurer shall retain in, and the department is authorized to expend from, the motor vehicle fund a sum equal to such actual cost."

    Renumber remaining sections consecutively and correct internal references accordingly.

SB 5972 - S AMD TO STRIKING AMD #655 (S-3207.1/93)

By Senator Vognild

    On page 24, beginning on line 5 of the title amendment, strike "and 82.44.180" and insert "82.44.180, 43.99.070, 46.09.170, and 46.10.170"

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