AN
ACT Relating to motor vehicle management; amending RCW 28B.10.029, 43.19.565,
and 46.08.065; and repealing RCW 43.19.550, 43.19.552, 43.19.554, 43.19.558,
and 43.19.582.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
following acts or parts of acts are each repealed:
(1) RCW
43.19.550 and 1989 c 57 s 1;
(2) RCW
43.19.552 and 1989 c 57 s 2;
(3) RCW
43.19.554 and 1994 sp.s. c 9 s 803, 1990 c 75 s 1, & 1989 c 57 s 3;
(4) RCW
43.19.558 and 1994 sp.s. c 9 s 802 & 1989 c 57 s 5; and
(5)
RCW 43.19.582 and 1982 c 163 s 10.
Sec.
2. RCW
28B.10.029 and 1996 c 110 s 5 are each amended to read as follows:
(1)
An institution of higher education may exercise independently those powers
otherwise granted to the director of general administration in chapter 43.19
RCW in connection with the purchase and disposition of all material, supplies,
services, and equipment needed for the support, maintenance, and use of the
respective institution of higher education. Property disposition policies followed
by institutions of higher education shall be consistent with policies followed
by the department of general administration. Purchasing policies and
procedures followed by institutions of higher education shall be in compliance
with chapters 39.19, 39.29, and 43.03 RCW, and RCW 43.19.1901, 43.19.1906,
43.19.1911, 43.19.1917, 43.19.1937, 43.19.534, 43.19.685, 43.19.700 through
43.19.704, and ((43.19.550)) 43.19.560 through 43.19.637. The
community and technical colleges shall comply with RCW 43.19.450. Except for
the University of Washington, institutions of higher education shall comply
with RCW 43.19.1935, 43.19.19363, and 43.19.19368. If an institution of higher
education can satisfactorily demonstrate to the director of the office of
financial management that the cost of compliance is greater than the value of
benefits from any of the following statutes, then it shall be exempt from
them: RCW 43.19.685; 43.19.534; and 43.19.637. Any institution of higher
education that chooses to exercise independent purchasing authority for a
commodity or group of commodities shall notify the director of general
administration. Thereafter the director of general administration shall not be
required to provide those services for that institution for the duration of the
general administration contract term for that commodity or group of
commodities.
(2)
An institution of higher education may exercise independently those powers
otherwise granted to the public printer in chapter 43.78 RCW in connection with
the production or purchase of any printing and binding needed by the respective
institution of higher education. Purchasing policies and procedures followed
by institutions of higher education shall be in compliance with chapter 39.19
RCW. Any institution of higher education that chooses to exercise independent
printing production or purchasing authority shall notify the public printer.
Thereafter the public printer shall not be required to provide those services
for that institution.
(3)
For the purposes of this section, an "institution of higher
education" shall include the joint center for higher education created in
chapter 28B.25 RCW when the joint center for higher education is contracting
with another institution of higher education that is acting as the sole agent
for purchasing and disposing of material, supplies, services, and equipment,
and for procuring printing or binding services.
Sec.
3. RCW
43.19.565 and 1975 1st ex.s. c 167 s 3 are each amended to read as follows:
The
department of general administration shall establish a motor vehicle
transportation service which is hereby empowered to:
(1)
Provide suitable motor vehicle transportation services to any state
agency on either a temporary or permanent basis upon requisition from a state
agency and upon such demonstration of need as the department may require;
(2)
Provide motor pools for the use of state agencies located in the Olympia
and Seattle areas and such additional motor pools at other locations in the
state as may be necessary to provide economic, efficient, and effective motor
vehicle transportation services to state agencies. Such additional motor pools
may be under either the direct control of the department or under the
supervision of another state agency by agreement with the department;
(3)
Establish an equitable schedule of rental and mileage charges to
agencies for motor vehicle transportation services furnished which shall be
designed to provide funds to cover replacement of vehicles and to recover the
actual total costs of motor pool operations including but not limited to
vehicle operation expense, depreciation expense, overhead, and nonrecoverable
collision or other damage to vehicles. Additions to capital such as the
purchase of additional vehicles shall be budgeted and purchased from funds
appropriated for such purposes under such procedures as may be provided by law;
and
(4)
Establish guidelines, procedures, and standards for fleet operations that other
state agencies and institutions of higher education may adopt. The guidelines,
procedures, and standards shall be consistent with and carry out the objectives
of any general policies adopted by the office of financial management under RCW
43.41.130.
Sec.
4. RCW
46.08.065 and 1989 c 57 s 9 are each amended to read as follows:
(1)
It is unlawful for any public officer having charge of any vehicle owned or
controlled by any county, city, town, or public body in this state other than
the state of Washington and used in public business to operate the same upon
the public highways of this state unless and until there shall be displayed
upon such automobile or other motor vehicle in letters of contrasting color not
less than one and one-quarter inches in height in a conspicuous place on the
right and left sides thereof, the name of such county, city, town, or other
public body, together with the name of the department or office upon the
business of which the said vehicle is used. This section shall not apply to
vehicles of a sheriff's office, local police department, or any vehicles used
by local peace officers under public authority for special undercover or
confidential investigative purposes. This subsection shall not apply to: (a)
Any municipal transit vehicle operated for purposes of providing public mass
transportation; (b) any vehicle governed by the requirements of subsection (4)
of this section; nor to (c) any motor vehicle on loan to a school district for
driver training purposes. It shall be lawful and constitute compliance with
the provisions of this section, however, for the governing body of the
appropriate county, city, town, or public body other than the state of
Washington or its agencies to adopt and use a distinctive insignia which shall
be not less than six inches in diameter across its smallest dimension and which
shall be displayed conspicuously on the right and left sides of the vehicle.
Such insignia shall be in a color or colors contrasting with the vehicle to
which applied for maximum visibility. The name of the public body owning or
operating the vehicle shall also be included as part of or displayed above such
approved insignia in colors contrasting with the vehicle in letters not less
than one and one-quarter inches in height. Immediately below the lettering
identifying the public entity and agency operating the vehicle or below an
approved insignia shall appear the words "for official use only" in
letters at least one inch high in a color contrasting with the color of the
vehicle. The appropriate governing body may provide by rule or ordinance for
marking of passenger motor vehicles as prescribed in subsection (2) of this section
or for exceptions to the marking requirements for local governmental agencies
for the same purposes and under the same circumstances as permitted for state
agencies under subsection (3) of this section.
(2)
Except as provided by subsections (3) and (4) of this section, passenger motor
vehicles((, as defined in RCW 43.19.552,)) owned or controlled by the
state of Washington, and purchased after July 1, 1989, must be plainly and
conspicuously marked on the lower left-hand corner of the rear window with the
name of the operating agency or institution or the words "state motor
pool," as appropriate, the words "state of Washington ‑- for
official use only," and the seal of the state of Washington or the
appropriate agency or institution insignia, approved by the department of
general administration. Markings must be on a transparent adhesive material
and conform to the standards established by the department of general
administration ((under RCW 43.19.554(1))). For the purposes of this
section, "passenger motor vehicles" means sedans, station wagons,
vans, light trucks, or other motor vehicles under ten thousand pounds gross
vehicle weight.
(3)
Subsection (2) of this section shall not apply to vehicles used by the
Washington state patrol for general undercover or confidential investigative
purposes. Traffic control vehicles of the Washington state patrol may be
exempted from the requirements of subsection (2) of this section at the
discretion of the chief of the Washington state patrol. The department of
general administration shall adopt general rules permitting other exceptions to
the requirements of subsection (2) of this section for other vehicles used for
law enforcement, confidential public health work, and public assistance fraud
or support investigative purposes, for vehicles leased or rented by the state
on a casual basis for a period of less than ninety days, and those provided for
in RCW 46.08.066(3). The exceptions in this subsection, subsection (4) of this
section, and those provided for in RCW 46.08.066(3) shall be the only
exceptions permitted to the requirements of subsection (2) of this section.
(4)
Any motorcycle, vehicle over 10,000 pounds gross vehicle weight, or other
vehicle that for structural reasons cannot be marked as required by subsection
(1) or (2) of this section that is owned or controlled by the state of
Washington or by any county, city, town, or other public body in this state and
used for public purposes on the public highways of this state shall be
conspicuously marked in letters of a contrasting color with the words
"State of Washington" or the name of such county, city, town, or
other public body, together with the name of the department or office that owns
or controls the vehicle.
(5) All motor vehicle markings required under the terms of this
chapter shall be maintained in a legible condition at all times.
