S-3959.1 _______________________________________________
SENATE BILL 6609
_______________________________________________
State of Washington 56th Legislature 2000 Regular Session
By Senators Heavey, Benton and Patterson
Read first time 01/20/2000. Referred to Committee on Transportation.
AN ACT Relating to governance of the department of transportation; amending RCW 47.01.021, 47.01.031, 47.01.071, and 47.01.250; reenacting and amending RCW 47.01.101; adding a new section to chapter 47.01 RCW; and repealing RCW 47.01.041, 47.01.051, and 47.01.061.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 47.01 RCW to read as follows:
The secretary of the department of transportation will be elected by the qualified electors of the state, on the first Tuesday after the first Monday in November of the year in which state officers are elected, and shall hold his or her office for the term of four years, and until his or her successor is elected and qualified.
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" means the ((transportation commission created in RCW
47.01.051)) secretary as provided for in section 1 of this act;
(3) "Secretary" means the secretary of transportation as
provided for in ((RCW 47.01.041)) section 1 of this act.
Sec. 3. RCW 47.01.031 and 1988 c 167 s 11 are each amended to read as follows:
(1) There is created a department of state government to be known as the department of transportation.
(2) All powers, duties, and functions vested by law in the department of highways, the state highway commission, the director of highways, the Washington toll bridge authority, the aeronautics commission, the director of aeronautics, and the canal commission, and the transportation related powers, duties, and functions of the planning and community affairs agency, are transferred to the jurisdiction of the department, except those powers, duties, and functions which are expressly directed elsewhere in this or in any other act of the 1977 legislature.
(3)
The board of pilotage commissioners is transferred to the jurisdiction of the
department for its staff support and administration: PROVIDED, That nothing in
this section shall be construed as transferring any policy making powers of the
board of pilotage commissioners to the ((transportation commission or the))
department of transportation.
Sec. 4. RCW 47.01.071 and 1981 c 59 s 2 are each amended to read as follows:
The
((transportation commission shall have)) secretary 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 state-wide
transportation system which will meet the needs of the people of this state for
safe and efficient transportation services. Wherever appropriate the policies
shall provide for the use of integrated, intermodal transportation systems to
implement the social, 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 ((commission)) secretary
shall:
(a) Develop transportation policies which are based on the policies, goals, and objectives expressed and inherent in existing state laws;
(b) Inventory the adopted policies, goals, and objectives of the local and area-wide 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;
(c)
Propose a transportation policy for the state, and after notice and public
hearings, submit the proposal to the legislative transportation committee and the
senate and house transportation committees by January 1, ((1978)) 2002,
for consideration in the next legislative session;
(d) Establish a procedure for review and revision of the state transportation policy and for submission of proposed changes to the legislature;
(e) To integrate the state-wide transportation plan with the needs of the elderly and handicapped, and to coordinate federal and state programs directed at assisting local governments to answer such needs;
(2)
To establish the policy of the department ((to be followed by the secretary))
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 impact of transportation programs;
(c) To provide for the administration of grants in aid and other financial assistance to counties and municipal corporations for transportation purposes;
(d) To provide for the management, sale, and lease of property or property rights owned by the department which are not required for transportation purposes;
(3)
To ((direct the secretary to)) prepare ((and submit to the commission))
a comprehensive and balanced state-wide transportation plan which shall be
based on the transportation policy adopted by the legislature and applicable
state and federal laws. After public notice and hearings, the ((commission))
secretary shall adopt the plan and submit it to the legislative
transportation committee and to the house and senate ((standing)) transportation
committees ((on transportation)) before January 1, ((1980)) 2002,
for consideration in the ((1980)) 2002 regular legislative
session. The plan shall be reviewed and revised prior to each regular session
of the legislature during an even-numbered year thereafter. ((A preliminary
plan shall be submitted to such committees by January 1, 1979.))
The plan shall take into account federal law and regulations relating to the planning, construction, and operation of transportation facilities;
(4)
((To propose to the governor and the legislature prior to the convening of
each regular session held in an odd-numbered year a recommended budget for the
operations of the commission as required by RCW 47.01.061;
(5))) To
approve and propose to the governor and to the legislature prior to 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 shall 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 and programs of the department;
(((6)))
(5) To review and authorize all departmental requests for legislation;
(((7)))
(6) 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;
(((8)))
(7) To adopt such rules((, regulations,)) and policy directives
as may be necessary to carry out reasonably and properly those functions
expressly vested in the ((commission)) secretary by statute;
(((9)
To delegate any of its powers to the secretary of transportation whenever it
deems it desirable for the efficient administration of the department and
consistent with the purposes of this title;
(10))) (8)
To exercise such other specific powers and duties as may be vested in the ((transportation
commission)) secretary by this or any other provision of law.
Sec. 5. 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:
(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)) legislature;
(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 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)
((To)) Exercise all other powers and perform all other duties as
are now or hereafter provided by law.
Sec. 6. RCW 47.01.250 and 1998 c 245 s 92 are each amended to read as follows:
The
chief of the Washington state patrol, the director of the traffic safety
commission, the executive director of the county road administration board, and
the director of licensing are designated as official consultants to the ((transportation
commission)) secretary so that the goals and activities of their
respective agencies which relate to transportation are fully coordinated with
other related responsibilities of the department of transportation. In this
capacity, the chief of the Washington state patrol, the director of the traffic
safety commission, the executive director of the county road administration
board, and the director of licensing shall consult with the ((transportation
commission and the)) secretary of transportation on the implications and
impacts on the transportation-related functions and duties of their
respective agencies of any proposed comprehensive transportation plan, program,
or policy.
In order to develop fully integrated, balanced, and coordinated transportation plans, programs, and budgets the chief of the Washington state patrol, the director of the traffic safety commission, the executive director of the county road administration board, and the director of licensing shall consult with the secretary of transportation on the matter of relative priorities during the development of their respective agencies' plans, programs, and budgets as they pertain to transportation activities.
NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:
(1) RCW 47.01.041 (Secretary of transportation--Appointment, salary, removal) and 1983 1st ex.s. c 53 s 28 & 1977 ex.s. c 151 s 4;
(2) RCW 47.01.051 (Commission created--Appointment of members--Terms--Qualifications--Removal) and 1977 ex.s. c 151 s 5; and
(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.
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