Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Transportation Committee

SB 5046

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background:

The Washington Traffic Safety Commission (WTSC) was established in 1967, following passage of the Federal Highway Safety Act of 1966, to oversee efforts to improve safety on Washington's public highways. The WTSC is the federally recognized highway safety office of Washington. The Commission is comprised of nine commissioners and the Governor, who serves as its chair. Member commissioners are the Superintendent of Public Instruction, the Director of Licensing, the Secretary of Transportation, the Chief of the State Patrol, the Secretary of Health, the Secretary of Social and Health Services, a representative of the Association of Washington Cities (appointed by the Governor), a member of the Association of Counties (appointed by the Governor), and a representative of the Judiciary (appointed by the Governor).

The Governor is responsible for the administration of the state's traffic safety program and has ultimate responsibility for working with the federal government with respect to all programs and activities of the state and local governments pursuant to the Federal Highway Safety Act of 1966. The Governor is responsible for accepting and disbursing federal grants and other funds or donations from any source for the purpose of improving traffic safety programs and may contract and perform other activities as necessary to secure the full benefits made available by the Federal Highway Safety Act of 1966.

In 1982 RCW 43.59.030, which provides that the Governor shall be assisted in his or her duties and responsibilities by the WTSC and sets forth its composition, was amended to authorize the Governor to appoint a designee to act in his or her place. The Governor became authorized to designate an employee of the Governor's Office, who, so long as this designation is made in writing and presented to the person presiding at a meeting of the Commission, can then vote on behalf of the Governor at the meeting. In addition, the Governor became authorized to designate a Commission member to preside over a Commission meeting in the Governor's absence.

Following its enactment, as passed by the Legislature and signed by Governor John Spellman, Chapter 30, Laws of 1982, effective March 12, 1982, the law was incorrectly codified. Two phrases that provide additional specificity and clarification regarding who may be appointed by the Governor to act in his or her place at a meeting or meetings of the Commission were inadvertently omitted from RCW 43.59.030. The first phrase specifies that the employee from the Governor's Office designated by a Governor to vote on his or her behalf must be familiar with the WTSC. The second phrase clarifies that, should the Governor designate a Commission member to preside over the Commission during the Governor's absence, this member need not be the employee from the Governor's Office that the Governor has designated to vote on his or her behalf.

Summary of Bill:

The two phrases inadvertently omitted from RCW 43.59.030, providing additional specificity and clarification regarding who may be appointed by the Governor to act on his or her behalf at a Commission meeting or meetings, are restored as they appear in Chapter 30, Laws of 1982. The employee from the Governor's Office designated by a Governor to act on his or her behalf must be familiar with the WTSC. Should the Governor designate a Commission member to preside over the Commission during the Governor's absence, clarification is provided that this member need not be the employee from the Governor's Office that the Governor has designated to vote on his or her behalf at a Commission meeting or meetings.