AN ACT Relating to
adopt-a-highway programs; amending RCW 47.40.100; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 47.40.100 and 1990 c
258 s 5 are each amended to read as follows:
(1) The department of
transportation shall establish a state-wide adopt-a-highway ((litter control))
program ((whereby volunteer organizations may contribute to a cleaner
environment and a more attractive state by adopting sections of state highway
and picking up litter along those sections)). The purpose of the
program is to provide volunteers and businesses an opportunity to contribute to
a cleaner environment, enhanced roadsides, and protection of wildlife
habitats. Participating volunteers and businesses shall adopt
department-designated sections of state highways, rest areas, park and ride
lots, intermodal facilities, and any other facilities the department deems
appropriate, in accordance with rules adopted by the department. The
department may elect to coordinate a consortium of participants for
adopt-a-highway projects.
The adopt-a-highway
program shall include, at a minimum, litter control for the adopted section,
and may include additional responsibilities such as planting and maintaining
vegetation, controlling weeds, graffiti removal, and any other roadside
improvement or clean-up activities the department deems appropriate. The department
shall not accept adopt-a-highway proposals that would have the effect of
terminating classified employees or classified employee positions.
(2) A volunteer
group or business choosing to participate in the adopt-a-highway program must
submit a proposal to the department. The department shall review the proposal
for consistency with departmental policy and rules. The department may accept,
reject, or modify an applicant's proposal.
(3) The department
shall seek partnerships with volunteer groups and businesses to facilitate the
goals of this section. The department may solicit funding for the
adopt-a-highway program that allows private entities to undertake all or a
portion of financing for the initiatives. The department shall develop
guidelines regarding the cash, labor, and in-kind contributions to be performed
by the participants.
(4) An
organization whose name: (a) Endorses or opposes a particular candidate for
public office, (b) advocates a position on a specific political issue,
initiative, referendum, or piece of legislation, or (c) includes a reference to
a political party shall not be eligible to participate in the adopt-a-highway
program.
(((2))) (5)
In administering the adopt-a-highway program, the department shall:
(a) Provide a
standardized application form, registration form, and contractual agreement for
all ((volunteer)) participating groups. ((Such)) The
forms shall notify the prospective participants of the risks and
responsibilities to be assumed by ((either)) the department ((and/or
the volunteer groups)) and the participants;
(b) Require all ((volunteers))
participants to be at least fifteen years of age;
(c) Require parental
consent for all minors;
(d) Require at least
one ((volunteer)) adult supervisor for every eight minors;
(e) Require one
designated leader for each ((volunteer)) participating
organization, unless the department chooses to coordinate a consortium of
participants;
(f) Assign each ((volunteer))
participating organization a section or sections of state highway,
or other state-owned transportation facilities, for a specified period of
time;
(g) Recognize the
efforts of a participating organization by erecting and maintaining signs with
the organization's name on both ends of the organization's section of highway;
(h) Provide appropriate
safety equipment ((and "Volunteer Litter Crew Ahead" signs)).
Safety equipment((, other than hardhats,)) issued to ((volunteer
organizations)) participating groups must be returned to the
department ((after each use for reuse by other volunteer groups)) upon
termination of the applicable adopt-a-highway agreement;
(i) Provide safety
training for all ((volunteers)) participants;
(j) Pay any and all premiums
or assessments required under RCW 51.12.035 to secure medical aid benefits
under chapter 51.36 RCW for all volunteers participating in the program;
(k) Require
participating businesses to pay all employer premiums or assessments required
to secure medical aid benefits under chapter 51.36 RCW for all employees or
agents participating in the program;
(l) Maintain
records of all injuries and accidents that occur;
(((l))) (m)
Adopt rules ((which)) that establish a process to resolve any
question of an organization's eligibility to participate in the adopt-a-highway
program;
(((m))) (n)
Obtain permission from property owners who lease right of way before allowing
((a volunteer)) an organization to adopt a section of highway on
such leased property; and
(((n))) (o)
Establish procedures and guidelines for the adopt-a-highway program.
(((3))) (6)
Nothing in this section affects the rights or activities of, or agreements
with, adjacent landowners, including the use of rights of way and crossings,
nor impairs these rights and uses by the placement of signs.
NEW SECTION. Sec.
2. If specific funding for
the purposes of this act, referring to this act by bill number, is not provided
for in a transportation appropriations act in 1995 that either becomes law
under Article III, section 12 of the state Constitution or is approved by the
people of the state, this act is null and void.
