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THIRTEENTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Saturday, January 26, 2002

      The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Deccio, Finkbeiner, Kline and Rossi. On motion of Senator Honeyford, Senators Deccio, Finkbeiner and Rossi were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Kelsey Shardelman and Paul Tollefson, presented the Colors. Mary Lynne Reiner from the Temple Beth Hatifiloh in Olympia, offered the prayer.


MOTION


      On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.


REPORTS OF STANDING COMMITTEES


January 24, 2002

SB 5353             Prime Sponsor, Senator Prentice: Enforcing protection of archaeological sites. Reported by Committee on State and Local Government


      MAJORITY Recommendation: That Substitute Senate Bill No. 5353 be substituted therefor, and the substitute bill do pass. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Keiser, Kline, McCaslin and T. Sheldon.


      Passed to Committee on Rules for second reading.


January 24, 2002

SSB 5370           Prime Sponsor, Senate Committee on State and Local Government: Splitting the department of community, trade, and economic development and reestablishing the department of community development and the department of trade and economic development. Reported by Committee on State and Local Government


      MAJORITY Recommendation: That Second Substitute Senate Bill No. 5370 be substituted therefor, and the second substitute bill do pass. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Hale, Haugen, Keiser, Kline and T. Sheldon.


      Passed to Committee on Rules for second reading.


January 25, 2002

SB 6260             Prime Sponsor, Senator Jacobsen: Reimbursing employees of the department of natural resources who are victims of assault. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Carlson, Franklin, Hewitt, Kastama, Kohl-Welles, Long and Stevens.


      Passed to Committee on Rules for second reading.


January 25, 2002

SB 6272             Prime Sponsor, Senator Long: Authorizing contracts for provision of basic medical care to sexually violent predators. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Carlson, Franklin, Hewitt, Kastama, Kohl-Welles, Long and Stevens.


      Passed to Committee on Rules for second reading.


January 24, 2002

SB 6275             Prime Sponsor, Senator Gardner: Regarding campaign contributions. Reported by Committee on State and Local Government


      MAJORITY Recommendation: Do pass. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Keiser, Kline, Roach and T. Sheldon.


      Passed to Committee on Rules for second reading.


January 25, 2002

SB 6288             Prime Sponsor, Senator Long: Making technical, clarifying, and nonsubstantive amendments to chapter 12, Laws of 2001, 2nd special session. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: That Substitute Senate Bill No. 6288 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Carlson, Franklin, Hewitt, Kastama, Kohl-Welles, Long and Stevens.


      Passed to Committee on Rules for second reading.


January 25, 2002

SB 6370             Prime Sponsor, Senator Kohl-Welles: Imposing an additional assessment for persons entering diversion agreements in regard to prostitution offenses. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Carlson, Franklin, Hewitt, Kastama, Kohl-Welles, Long and Stevens.


      Passed to Committee on Rules for second reading.


January 25, 2002

SB 6469             Prime Sponsor, Senator Long: Authorizing release of mental health services information to department of corrections. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Carlson, Franklin, Hewitt, Kastama, Kohl-Welles, Long and Stevens.


      Passed to Committee on Rules for second reading.


January 25, 2002

SB 6476             Prime Sponsor, Senator Costa: Clarifying counseling costs that may be included in restitution ordered in juvenile court. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Carlson, Franklin, Hewitt, Kastama, Kohl-Welles, Long and Stevens.


      Passed to Committee on Rules for second reading.


January 25, 2002

SB 6482             Prime Sponsor, Senator Long: Removing time limits for treatment under the alcohol and drug addiction treatment and support act. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Carlson, Franklin, Hewitt, Kastama, Kohl-Welles, Long and Stevens.


      Passed to Committee on Rules for second reading.


January 25, 2002

SB 6492             Prime Sponsor, Senator Costa: Modifying crime victims' compensation provisions. Reported by Committee on Human Services and Corrections


      MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Carlson, Franklin, Hewitt, Kastama, Kohl-Welles, Long and Stevens.


      Referred to Committee on Ways and Means.


January 25, 2002

SB 6531             Prime Sponsor, Senator Fraser: Modifying the duties of the joint committee on energy supply. Reported by Committee on Environment, Energy and Water


      MAJORITY Recommendation: That Substitute Senate Bill No. 6531 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; Regala, Vice Chair; Eide, Hale, Honeyford, Jacobsen, Keiser, McDonald and Morton.


      Passed to Committee on Rules for second reading.


January 24, 2002

SB 6660             Prime Sponsor, Senator Prentice: Protecting personal information about law enforcement officers and their families. Reported by Committee on State and Local Government


      MAJORITY Recommendation: That the bill be referred to Committee on Labor, Commerce and Financial Institutions without recommendation. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Keiser, Kline, McCaslin, Roach and T. Sheldon.


      Referred to Committee on Labor, Commerce and Financial Institutions.


January 25, 2002

SJM 8005           Prime Sponsor, Senator Fraser: Petitioning Congress to strengthen vessel safety standards. Reported by Committee on Environment, Energy and Water


      MAJORITY Recommendation: Do pass. Signed by Senators Fraser, Chair; Regala, Vice Chair; Eide, Hale, Honeyford, Jacobsen, Keiser, McDonald and Morton.


      Passed to Committee on Rules for second reading.


MOTION


      On motion of Senator Betti Sheldon, Senate Bill No. 6492 was referred to the Committee on Ways and Means.


MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENT

July 30, 2001

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following appointment, subject to your confirmation.

      Amy C. Solomon, appointed July 30, 2001, for a term ending June 30, 2005, as a member of the Executive Board of the Washington Public Power Supply System.

Sincerely,

GARY LOCKE, Governor

Referred to the Committee on Environment, Energy and Water.


INTRODUCTION AND FIRST READING

 

SB 6682             by Senators Winsley and Prentice

 

AN ACT Relating to restricting utility assessments and charges for certain mobile home parks; and amending RCW 35.67.370.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 6683             by Senators Eide, Costa, T. Sheldon, Oke, Long and Rasmussen

 

AN ACT Relating to driving while under the influence of alcohol or any drug; amending RCW 46.61.502, 46.61.504, 46.61.5058, 46.61.524, 9.94A.525, and 9.94A.650; reenacting and amending RCW 46.61.5055, 9.94A.515, 46.20.3101, and 46.20.391; and prescribing penalties. .

Referred to Committee on Judiciary.

 

SB 6684             by Senators Kline, McCaslin, Finkbeiner and Thibaudeau

 

AN ACT Relating to changing the number of district court judges; and amending RCW 3.34.010 and 3.34.020.

Referred to Committee on Judiciary.

 

SB 6685             by Senators Rossi, Kline, Roach and Sheahan

 

AN ACT Relating to drivers convicted of alcohol offenses; and amending RCW 46.20.720 and 46.20.311.

Referred to Committee on Judiciary.

 

SB 6686             by Senators Rossi, Roach, Oke and Sheahan

 

AN ACT Relating to drivers convicted of alcohol offenses; amending RCW 46.20.720 and 46.20.311; and reenacting and amending RCW 46.20.308.

Referred to Committee on Judiciary.

 

SB 6687             by Senators Sheahan, Long, T. Sheldon, Kohl-Welles, Oke, Keiser, Shin and Johnson

 

AN ACT Relating to attempting to elude a pursuing police vehicle; amending RCW 46.20.285, 46.20.311, and 46.61.024; reenacting and amending RCW 9.94A.515; and prescribing penalties.

Referred to Committee on Judiciary.

 

SB 6688             by Senators Prentice, Thibaudeau, Oke and Rasmussen

 

AN ACT Relating to preventing cigarette stamps from being affixed to packages containing cigarettes manufactured by nonparticipating tobacco product manufacturers that are not making required escrow payments; and amending RCW 82.24.035.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 6689             by Senators Kohl-Welles, Costa, Thibaudeau, Snyder, Kline, Fairley and McAuliffe

 

AN ACT Relating to the sale of firearms at gun shows and events; amending RCW 9.41.010; adding a new section to chapter 9.41 RCW; and prescribing penalties.

Referred to Committee on Judiciary.

 

SB 6690             by Senators Poulsen, Swecker, Jacobsen, Keiser and Shin

 

AN ACT Relating to local government utility authority; amending RCW 35.92.010 and 35.92.050; and creating a new section.

Referred to Committee on State and Local Government.

 

SB 6691             by Senator Spanel

 

AN ACT Relating to authorizing less-than-countywide port districts with five commissioners with three commissioner districts and two at large commissioner districts to create five port commissioner districts; and amending RCW 53.12.010.

Referred to Committee on State and Local Government.

 

SB 6692             by Senators McCaslin and Swecker

 

AN ACT Relating to enhancing the safety and quality of drinking water in public drinking water systems; amending RCW 70.119A.060, 43.20.050, 70.142.010, and 57.08.012; prescribing penalties; and providing an effective date.

Referred to Committee on Environment, Energy and Water.

 

SB 6693             by Senators Winsley and Prentice

 

AN ACT Relating to an installation code for manufactured structures; and adding a new section to chapter 19.27 RCW.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 6694             by Senators Gardner, Roach, Zarelli and Rasmussen (by request of Washington State Patrol)

 

AN ACT Relating to confidentiality of drug and alcohol tests by the state toxicologist; and reenacting and amending RCW 42.17.310.

Referred to Committee on Judiciary.

 

SB 6695             by Senators Winsley, Prentice and Fraser

 

AN ACT Relating to claiming construction-related liens; and amending RCW 60.04.031.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 6696             by Senator West

 

AN ACT Relating to subsidizing premiums for employer-sponsored insurance; amending RCW 70.47.020; adding a new section to chapter 70.47 RCW; and adding a new section to chapter 74.09 RCW.

Referred to Committee on Health and Long-Term Care.

 

SB 6697             by Senators Finkbeiner, Kline, Fraser and Kohl-Welles

 

AN ACT Relating to ultra-fuel-efficient vehicles; and amending RCW 46.16.015.

Referred to Committee on Environment, Energy and Water.

 

SB 6698             by Senators Thibaudeau and Deccio

 

AN ACT Relating to exempting reflexologists from regulation as massage practitioners; amending RCW 18.108.010 and 18.108.050; and adding a new section to chapter 18.108 RCW.

Referred to Committee on Health and Long-Term Care.

 

SB 6699             by Senators Kohl-Welles, Winsley, Costa, Shin, McAuliffe, Kline and Keiser (by request of State Board for Community and Technical Colleges)

 

AN ACT Relating to the powers and duties of the boards of trustees of community and technical colleges; and amending RCW 28B.50.140.

Referred to Committee on Higher Education.

 

SB 6700             by Senators Finkbeiner, Roach, Oke and McAuliffe

 

AN ACT Relating to limiting publication of personal information of law enforcement-related and court-related employees; and adding new sections to chapter 41.04 RCW.

Referred to Committee on Judiciary.

 

SJM 8036           by Senators B. Sheldon, Shin, Carlson, Haugen, Sheahan, Spanel, Oke, Franklin, Rasmussen, Jacobsen, Eide, Winsley, Costa, T. Sheldon, Kastama, Thibaudeau, Gardner, Hale, Swecker, West, Prentice, McAuliffe, Kline, Fraser, Keiser, Johnson, Roach and Kohl-Welles

 

Requesting a memorial to remember the internment of Japanese-Americans during World War II.

 

Referred to Committee on State and Local Government.


MOTION


      At 9:09 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 10:33 a.m. by President Owen.


THIRD READING


      SUBSTITUTE SENATE BILL NO. 5097, by Senate Committee on State and Local Government (originally sponsored by Senators Kastama, Winsley, Constantine, Hargrove, Oke, Rasmussen and Patterson)

 

Requiring public entities to display the national league of families' POW/MIA flag.


      The bill was read the third time and placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5097.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5097 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

     Absent: Senator Kline - 1.

     Excused: Senators Deccio, Finkbeiner and Rossi - 3.

      SUBSTITUTE SENATE BILL NO. 5097, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2304, by House Committee on Transportation (originally sponsored by Representatives Fisher, Jarrett, Kessler, Berkey, Sullivan, Dunshee, Lovick, Kenney, Lantz, Santos, Ruderman, Edwards, Murray, Rockefeller, Wood, O'Brien, Cooper, Haigh, Fromhold, Tokuda, Ogden, Romero, Cody, Darneille, Simpson, Linville, Upthegrove, Schual-Berke, Kagi and McIntire) (by request of Governor Locke)

 

Adopting certain recommendations of the state Blue Ribbon Commission on Transportation.


      The bill was read the second time.


MOTION


      Senator Haugen moved that the following Committee on Transportation striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

"PART I

ESTABLISHMENT OF TRANSPORTATION

PERFORMANCE MEASURES


       NEW SECTION. Sec. 101. LEGISLATIVE INTENT. It is the intent of the legislature to establish policy goals for the operation, performance of, and investment in, the state's transportation system. The policy goals shall consist of, but not be limited to, the following benchmark categories, adopted by the state's Blue Ribbon Commission on Transportation on November 30, 2000. In addition to improving safety, public investments in transportation shall support achievement of these and other priority goals:

       No interstate highways, state routes, and local arterials shall be in poor condition; no bridges shall be structurally deficient, and safety retrofits shall be performed on those state bridges at the highest seismic risk levels; traffic congestion on urban state highways shall be significantly reduced and be no worse than the national mean; delay per driver shall be significantly reduced and no worse than the national mean; per capita vehicle miles traveled shall be maintained at 2000 levels; the nonauto share of commuter trips shall be increased in urban areas; administrative costs as a percentage of transportation spending shall achieve the most efficient quartile nationally; and the state's public transit agencies shall achieve the median cost per vehicle revenue hour of peer transit agencies, adjusting for the regional cost-of-living.

       These policy goals shall be the basis for establishment of detailed and measurable performance benchmarks.

       It is the intent of the legislature that the transportation commission establish performance measures to ensure transportation system performance at local, regional, and state government levels, and the transportation commission should work with appropriate government entities to accomplish this.

       NEW SECTION. Sec. 102. Section 101 of this act takes effect July 1, 2002.


PART II

ALTERNATIVE DELIVERY PROCEDURES FOR CONSTRUCTION SERVICES


       NEW SECTION. Sec. 201. The legislature finds that there is a pressing need for additional transportation projects to meet the mobility needs of Washington citizens. With major new investments approved to meet these pressing needs, additional work force assistance is necessary to ensure and enhance project delivery timelines. Recruiting and retaining a high quality work force, and implementing new and innovative procedures for delivering these transportation projects is required to accomplish them on a timely basis that best serves the public. It is the intent of sections 203 and 204 of this act that no state employees will lose their employment as a result of implementing new and innovative project delivery procedures.

       NEW SECTION. Sec. 202. A new section is added to chapter 47.28 RCW to read as follows:

       The definitions in this section apply throughout section 203 of this act and RCW 41.06.380 unless the context clearly requires otherwise.

       (1) "Construction services" means those services that aid in the delivery of the highway construction program and include, but are not limited to, real estate services and construction engineering services.

       (2) "Construction engineering services" includes, but is not limited to, construction management, construction administration, materials testing, materials documentation, contractor payments and general administration, construction oversight, and inspection and surveying.

       NEW SECTION. Sec. 203. A new section is added to chapter 47.28 RCW to read as follows:

       (1) The department of transportation shall work with representatives of transportation labor groups to develop a financial incentive program to aid in retention and recruitment of employee classifications where problems exist and program delivery is negatively affected. The department's financial incentive program must be reviewed and approved by the legislature before it can be implemented. This program must support the goal of enhancing project delivery timelines as outlined in section 201 of this act. Upon receiving approval from the legislature, the department of personnel shall implement, as required, specific aspects of the financial incentive package, as developed by the department of transportation.

       (2) Notwithstanding chapter 41.06 RCW, the department of transportation may acquire services from qualified private firms in order to deliver the transportation construction program to the public. Services may be acquired solely for augmenting the department's work force capacity and only when the department's transportation construction program cannot be delivered through its existing or readily available work force. The department of transportation shall work with representatives of transportation labor groups to develop and implement a program identifying those projects requiring contracted services while establishing a program as defined in subsection (1) of this section to provide the classified personnel necessary to deliver future construction programs. The procedures for acquiring construction engineering services from private firms may not be used to displace existing state employees nor diminish the number of existing classified positions in the present construction program. The acquisition procedures must be in accordance with chapter 39.80 RCW.

       (3) Starting in December 2003, and biennially thereafter, the secretary shall report to the transportation committees of the legislature on the use of construction engineering services from private firms authorized under this section. The information provided to the committees must include an assessment of the benefits and costs associated with using construction engineering services, or other services, from private firms, and a comparison of public versus private sector costs. The secretary is authorized to act on these findings to ensure the most cost-effective means of service delivery.

       Sec. 204. RCW 41.06.380 and 1979 ex.s. c 46 s 2 are each amended to read as follows:

       (1) Nothing contained in this chapter shall prohibit any department, as defined in RCW 41.06.020, from purchasing services by contract with individuals or business entities if such services were regularly purchased by valid contract by such department prior to April 23, 1979: PROVIDED, That no such contract may be executed or renewed if it would have the effect of terminating classified employees or classified employee positions existing at the time of the execution or renewal of the contract.

       (2) Nothing contained in this chapter prohibits the department of transportation from purchasing construction services or construction engineering services, as those terms are defined in section 202 of this act, by contract from qualified private businesses as specified in section 203(2) of this act.

       NEW SECTION. Sec. 205. Sections 201 through 204 of this act and RCW 41.06.380(2) are null and void if new transportation revenues do not become law by January 1, 2003. Sections 201 through 204 of this act and RCW 41.06.380(2) are effective only for the period consistent with the new transportation revenues, after which time these provisions will expire.


PART III

APPRENTICESHIP AND ADJUSTMENTS TO PREVAILING WAGE PROVISIONS


       NEW SECTION. Sec. 301. (1) The legislature finds that a skilled technical work force is necessary for maintaining, preserving, and improving Washington's transportation system. The Blue Ribbon Commission on Transportation found that state and local transportation agencies are showing signs of a work force that is insufficiently skilled to operate the transportation system at its highest level. Sections 301 through 308 of this act are intended to explore methods for fostering a stronger industry in transportation planning and engineering.

       (2) It is the intent of the legislature that the state prevailing wage process operate efficiently, that the process allow contractors and workers to be paid promptly, and that new technologies and innovative outreach methods be used to enhance wage surveys in order to better reflect current wages in counties across the state.

       (3) The legislature finds that in order to enhance the prevailing wage process it is appropriate for all intent and affidavit fees paid by contractors be dedicated to the sole purpose of administering the state prevailing wage program.

       (4) To accomplish the intent of this section and in order to enhance the response of businesses and labor representatives to the prevailing wage survey process, the department shall undertake the following activities:

       (a) Establish a goal of conducting surveys for each trade every three years;

       (b) Actively promote increased response rates from all survey recipients in every county both urban and rural. The department shall provide public education and technical assistance to businesses, labor representatives, and public agencies in order to promote a better understanding of prevailing wage laws and increased participation in the prevailing wage survey process;

       (c) Actively work with businesses, labor representatives, public agencies, and others to ensure the integrity of information used in the development of prevailing wage rates, and ensure uniform compliance with requirements of sections 301 through 308 of this act;

       (d) Maintain a timely processing of intents and affidavits, with a target processing time no greater than seven working days from receipt of completed forms;

       (e) Develop and implement electronic processing of intents and affidavits and promote the efficient and effective use of technology to improve the services provided by the prevailing wage program.

       NEW SECTION. Sec. 302. A new section is added to chapter 49.04 RCW to read as follows:

       The apprenticeship council shall work with the department of transportation, local transportation jurisdictions, local and statewide joint apprenticeships, other apprenticeship programs, representatives of labor and business organizations with interest and expertise in the transportation work force, and representatives of the state's universities and community and vocational colleges to establish technical apprenticeship opportunities specific to the needs of transportation. The council shall issue a report of findings and recommendations to the transportation committees of the legislature by December 1, 2002. The report must include, but not be limited to, findings and recommendations regarding the establishment of transportation technical training programs within the community and vocational college system and in the state universities.

       NEW SECTION. Sec. 303. A new section is added to chapter 47.01 RCW to read as follows:

       The department of transportation shall work with local transportation jurisdictions and representatives of transportation labor groups to establish a human resources skills bank of transportation professionals. The skills bank must be designed to allow all transportation authorities to draw from it when needed. The department shall issue a report of findings and recommendations to the transportation committees of the legislature by December 1, 2002. The report must include, but not be limited to, identification of any statutory or administrative rule changes necessary to create the skills bank and allow it to function in the manner described.

       NEW SECTION. Sec. 304. A new section is added to chapter 47.06 RCW to read as follows:

       The state-interest component of the statewide multimodal transportation plan must include a plan for enhancing the skills of the existing technical transportation work force.

       NEW SECTION. Sec. 305. The department of labor and industries, in cooperation with the department of transportation, shall conduct an assessment of the current practices, including survey techniques, used in setting prevailing wages for those trades related to transportation facilities and transportation project delivery. The assessment must include an analysis of regional variations and stratified random sampling survey methods. A final report must be submitted to the governor and the transportation and labor committees of the senate and house of representatives by December 1, 2002.

       NEW SECTION. Sec. 306. A new section is added to chapter 39.12 RCW to read as follows:

       (1) In establishing the prevailing rate of wage under RCW 39.12.010, 39.12.015, and 39.12.020, all data collected by the department may be used only in the county for which the work was performed.

       (2) This section only applies to prevailing wage surveys initiated on or after August 1, 2002.

       Sec. 307. RCW 39.12.070 and 1993 c 404 s 1 are each amended to read as follows:

       The department of labor and industries may charge fees to awarding agencies on public works for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid. The department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The amount of the fees shall be established by rules adopted by the department under the procedures in the administrative procedure act, chapter 34.05 RCW. The fees shall apply to all approvals, certifications, and arbitration requests made after the effective date of the rules. All fees shall be deposited in the public works administration account. ((On the fifteenth day of the first month of each quarterly period, an amount equalling thirty percent of the revenues received into the public works administration account shall be transferred into the general fund.)) The department may refuse to arbitrate for contractors, subcontractors, persons, or organizations which have not paid the proper fees. The department may, if necessary, request the attorney general to take legal action to collect delinquent fees.

       The department shall set the fees permitted by this section at a level that generates revenue that is as near as practicable to the amount of the appropriation to administer this chapter, including, but not limited to, the performance of adequate wage surveys, and to investigate and enforce all alleged violations of this chapter, including, but not limited to, incorrect statements of intent to pay prevailing wage, incorrect certificates of affidavits of wages paid, and wage claims, as provided for in this chapter and chapters 49.48 and 49.52 RCW. However, the fees charged for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid shall be no greater than twenty-five dollars.

       Sec. 308. RCW 39.12.080 and 2001 c 219 s 3 are each amended to read as follows:

       The public works administration account is created in the state treasury. The department of labor and industries shall deposit in the account all moneys received from fees or civil penalties collected under RCW 39.12.050, 39.12.065, and 39.12.070. Appropriations from the account((, not including moneys transferred to the general fund pursuant to RCW 39.12.070,)) may be made only for the purposes of administration of this chapter, including, but not limited to, the performance of adequate wage surveys, and for the investigation and enforcement of all alleged violations of this chapter as provided for in this chapter and chapters 49.48 and 49.52 RCW.

       NEW SECTION. Sec. 309. Sections 301 through 308 and 310 of this act are null and void if new transportation revenues do not become law by January 1, 2003.

       NEW SECTION. Sec. 310. The sum of nine hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated from the public works administration account to the department of labor and industries for the biennium ending June 30, 2003, to carry out the purposes of sections 306 through 308 of this act. 


PART IV

TRANSPORTATION PLANNING AND EFFICIENCY


       Sec. 401. RCW 47.05.010 and 1993 c 490 s 1 are each amended to read as follows:

       The legislature finds that solutions to state highway deficiencies have become increasingly complex and diverse and that anticipated transportation revenues will fall substantially short of the amount required to satisfy all transportation needs. Difficult investment trade-offs will be required.

       It is the intent of the legislature that investment of state transportation funds to address deficiencies on the state highway system be based on a policy of priority programming having as its basis the rational selection of projects and services according to factual need and an evaluation of life cycle costs and benefits ((and which)) that are systematically scheduled to carry out defined objectives within available revenue. The state must develop analytic tools to use a common methodology to measure benefits and costs for all modes.

       The priority programming system ((shall)) must ensure preservation of the existing state highway system, relieve congestion, provide mobility for people and goods, support the state's economy, and promote environmental protection and energy conservation.

       The priority programming system ((shall)) must implement the state-owned highway component of the statewide ((multimodal)) transportation plan, consistent with local and regional transportation plans, by targeting state transportation investment to appropriate multimodal solutions ((which)) that address identified state highway system deficiencies.

       The priority programming system for improvements ((shall)) must incorporate a broad range of solutions that are identified in the statewide ((multimodal)) transportation plan as appropriate to address state highway system deficiencies, including but not limited to highway expansion, efficiency improvements, nonmotorized transportation facilities, high occupancy vehicle facilities, transit facilities and services, rail facilities and services, and transportation demand management programs.

       Sec. 402. RCW 47.05.030 and 1998 c 171 s 6 are each amended to read as follows:

       The transportation commission shall adopt a comprehensive six-year investment program specifying program objectives and performance measures for the preservation and improvement programs defined in this section. In the specification of investment program objectives and performance measures, the transportation commission, in consultation with the Washington state department of transportation, shall define and adopt standards for effective programming and prioritization practices including a needs analysis process. The ((needs)) analysis process ((shall)) must ensure the identification of problems and deficiencies, the evaluation of alternative solutions and trade-offs, and estimations of the costs and benefits of prospective projects. The investment program ((shall)) must be revised biennially, effective on July 1st of odd-numbered years. The investment program ((shall)) must be based upon the needs identified in the state-owned highway component of the statewide ((multimodal)) transportation plan as defined in RCW 47.01.071(3).

       (1) The preservation program ((shall)) consists of those investments necessary to preserve the existing state highway system and to restore existing safety features, giving consideration to lowest life cycle costing. The preservation program must require use of the most cost-effective pavement surfaces, considering:

       (a) Life-cycle cost analysis;

       (b) Traffic volume;

       (c) Subgrade soil conditions;

       (d) Environmental and weather conditions;

       (e) Materials available; and

       (f) Construction factors.

       The comprehensive six-year investment program for preservation ((shall)) must identify projects for two years and an investment plan for the remaining four years.

       (2) The improvement program ((shall)) consists of investments needed to address identified deficiencies on the state highway system to increase mobility, address congestion, and improve ((mobility,)) safety, support for the economy, and protection of the environment. The six-year investment program for improvements ((shall)) must identify projects for two years and major deficiencies proposed to be addressed in the six-year period giving consideration to relative benefits and life cycle costing. The transportation commission shall give higher priority for correcting identified deficiencies on those facilities classified as facilities of statewide significance as defined in RCW 47.06.140. Project prioritization must be based primarily upon cost-benefit analysis, where appropriate.

       The transportation commission shall approve and present the comprehensive six-year investment program to the legislature in support of the biennial budget request under RCW 44.40.070 and 44.40.080.

       Sec. 403. RCW 47.05.035 and 1993 c 490 s 4 are each amended to read as follows:

       (1) The department and the commission shall use the transportation demand modeling tools developed under subsection (2) of this section to evaluate investments based on the best mode or improvement, or mix of modes and improvements, to meet current and future long-term demand within a corridor or system for the lowest cost. The end result of these demand modeling tools is to provide a cost-benefit analysis by which the department and the commission can determine the relative mobility improvement and congestion relief each mode or improvement under consideration will provide and the relative investment each mode or improvement under consideration will need to achieve that relief.

       (2) The department will participate in the refinement, enhancement, and application of existing transportation demand modeling tools to be used to evaluate investments. This participation and use of transportation demand modeling tools will be phased in.

       (3) In developing program objectives and performance measures, the transportation commission shall evaluate investment trade-offs between the preservation and improvement programs. In making these investment trade-offs, the commission shall evaluate, using cost-benefit techniques, roadway and bridge maintenance activities as compared to roadway and bridge preservation program activities and adjust those programs accordingly.

       (4) The commission shall allocate the estimated revenue between preservation and improvement programs giving primary consideration to the following factors:

       (((1))) (a) The relative needs in each of the programs and the system performance levels that can be achieved by meeting these needs;

       (((2))) (b) The need to provide adequate funding for preservation to protect the state's investment in its existing highway system;

       (((3))) (c) The continuity of future transportation development with those improvements previously programmed; and

       (((4))) (d) The availability of dedicated funds for a specific type of work.

       Sec. 404. RCW 47.06.130 and 1993 c 446 s 13 are each amended to read as follows:

       (1) The department may carry out special transportation planning studies to resolve specific issues with the development of the state transportation system or other statewide transportation issues.

       (2) The department shall conduct multimodal corridor analyses on major congested corridors where needed improvements are likely to cost in excess of one hundred million dollars. Analysis will include the cost-effectiveness of all feasible strategies in addressing congestion or improving mobility within the corridor, and must recommend the most effective strategy or mix of strategies to address identified deficiencies. A long-term view of corridors must be employed to determine whether an existing corridor should be expanded, a city or county road should become a state route, and whether a new corridor is needed to alleviate congestion and enhance mobility based on travel demand. To the extent practicable, full costs of all strategies must be reflected in the analysis. At a minimum, this analysis must include:

       (a) The current and projected future demand for total person trips on that corridor;

       (b) The impact of making no improvements to that corridor;

       (c) The daily cost per added person served for each mode or improvement proposed to meet demand;

       (d) The cost per hour of travel time saved per day for each mode or improvement proposed to meet demand; and

       (e) How much of the current and anticipated future demand will be met and left unmet for each mode or improvement proposed to meet demand.

       The end result of this analysis will be to provide a cost-benefit analysis by which policymakers can determine the most cost-effective improvement or mode, or mix of improvements and modes, for increasing mobility and reducing congestion.

       NEW SECTION. Sec. 405. The legislature intends that funding for transportation mobility improvements be allocated to the worst traffic chokepoints in the state. Furthermore, the legislature intends to fund projects that provide systemic relief throughout a transportation corridor, rather than spot improvements that fail to improve overall mobility within a corridor.

       Sec. 406. RCW 47.05.051 and 1998 c 175 s 12 are each amended to read as follows:

       (1) The comprehensive six-year investment program shall be based upon the needs identified in the state-owned highway component of the statewide multimodal transportation plan as defined in RCW 47.01.071(3) and priority selection systems that incorporate the following criteria:

       (((1))) (a) Priority programming for the preservation program shall take into account the following, not necessarily in order of importance:

       (((a))) (i) Extending the service life of the existing highway system, including using the most cost-effective pavement surfaces, considering:

       (A) Life-cycle cost analysis;

       (B) Traffic volume;

       (C) Subgrade soil conditions;

       (D) Environmental and weather conditions;

       (E) Materials available; and

       (F) Construction factors;

       (((b))) (ii) Ensuring the structural ability to carry loads imposed upon highways and bridges; and

       (((c))) (iii) Minimizing life cycle costs. The transportation commission in carrying out the provisions of this section may delegate to the department of transportation the authority to select preservation projects to be included in the six-year program.

       (((2))) (b) Priority programming for the improvement program ((shall take into account)) must be based primarily upon the following:

       (((a))) (i) Traffic congestion, delay, and accidents;

       (ii) Location within a heavily traveled transportation corridor;

       (iii) Synchronization with other potential transportation projects, including transit and multimodal projects, within the heavily traveled corridor; and

       (iv) Use of benefit/cost analysis wherever feasible to determine the value of the proposed project.

       (c) Priority programming for the improvement program may also take into account:

       (i) Support for the state's economy, including job creation and job preservation;

       (((b))) (ii) The cost-effective movement of people and goods;

       (((c))) (iii) Accident and accident risk reduction;

       (((d))) (iv) Protection of the state's natural environment;

       (((e))) (v) Continuity and systematic development of the highway transportation network;

       (((f))) (vi) Consistency with local comprehensive plans developed under chapter 36.70A RCW;

       (((g))) (vii) Consistency with regional transportation plans developed under chapter 47.80 RCW;

       (((h))) (viii) Public views concerning proposed improvements;

       (((i))) (ix) The conservation of energy resources;

       (((j))) (x) Feasibility of financing the full proposed improvement;

       (((k))) (xi) Commitments established in previous legislative sessions;

       (((l))) (xii) Relative costs and benefits of candidate programs((;)).

       (((m))) (d) Major projects addressing capacity deficiencies which prioritize allowing for preliminary engineering shall be reprioritized during the succeeding biennium, based upon updated project data. Reprioritized projects may be delayed or canceled by the transportation commission if higher priority projects are awaiting funding((; and)).

       (((n))) (e) Major project approvals which significantly increase a project's scope or cost from original prioritization estimates shall include a review of the project's estimated revised priority rank and the level of funding provided. Projects may be delayed or canceled by the transportation commission if higher priority projects are awaiting funding.

       (((3))) (2) The commission may depart from the priority programming established under subsection((s)) (1) ((and (2))) of this section: (a) To the extent that otherwise funds cannot be utilized feasibly within the program; (b) as may be required by a court judgment, legally binding agreement, or state and federal laws and regulations; (c) as may be required to coordinate with federal, local, or other state agency construction projects; (d) to take advantage of some substantial financial benefit that may be available; (e) for continuity of route development; or (f) because of changed financial or physical conditions of an unforeseen or emergent nature. The commission or secretary of transportation shall maintain in its files information sufficient to show the extent to which the commission has departed from the established priority.

       (((4))) (3) The commission shall identify those projects that yield freight mobility benefits or that alleviate the impacts of freight mobility upon affected communities.

       NEW SECTION. Sec. 407. The department of transportation shall report the results of its priority programming under RCW 47.05.051 to the transportation committees of the senate and house of representatives by December 1, 2003, and December 1, 2005.

       NEW SECTION. Sec. 408. The legislature finds that roads, streets, bridges, and highways in the state represent public assets worth over one hundred billion dollars. These investments require regular maintenance and preservation, or rehabilitation, to provide cost-effective transportation services. Many of these facilities are in poor condition. Given the magnitude of public investment and the importance of safe, reliable roadways to the motoring public, the legislature intends to create stronger accountability to ensure that cost-effective maintenance and preservation is provided for these transportation facilities.

       Sec. 409. RCW 35.84.060 and 1969 ex.s. c 281 s 26 are each amended to read as follows:

       Every municipal corporation which owns or operates an urban public transportation system as defined in RCW 47.04.082 within its corporate limits, may acquire, construct, extend, own, or operate such urban public transportation system to any point or points not to exceed fifteen miles outside of its corporate limits: PROVIDED, That no municipal corporation shall extend its urban public transportation system beyond its corporate limits to operate in any territory already served by a privately operated auto transportation company holding a certificate of public convenience and necessity from the utilities and transportation commission.

       As a condition of receiving state funding, the municipal corporation shall submit a maintenance management plan for certification by the transportation commission or its successor entity. The plan must inventory all transportation system assets within the direction and control of the municipality, and provide a preservation plan based on lowest life cycle cost methodologies.

       NEW SECTION. Sec. 410. A new section is added to chapter 36.56 RCW to read as follows:

       As a condition of receiving state funding, a county that has assumed the transportation functions of a metropolitan municipal corporation shall submit a maintenance and preservation management plan for certification by the transportation commission or its successor entity. The plan must inventory all transportation system assets within the direction and control of the county, and provide a preservation plan based on lowest life cycle cost methodologies.

       NEW SECTION. Sec. 411. A new section is added to chapter 36.57A RCW to read as follows:

       As a condition of receiving state funding, a public transportation benefit area authority shall submit a maintenance and preservation management plan for certification by the transportation commission or its successor entity. The plan must inventory all transportation system assets within the direction and control of the authority, and provide a preservation plan based on lowest life cycle cost methodologies.

       NEW SECTION. Sec. 412. A new section is added to chapter 46.68 RCW to read as follows:

       During the 2003-2005 biennium, cities and towns shall provide to the transportation commission, or its successor entity, preservation rating information on at least seventy percent of the total city and town arterial network. Thereafter, the preservation rating information requirement shall increase in five percent increments in subsequent biennia. The rating system used by cities and towns must be based upon the Washington state pavement rating method or an equivalent standard approved by the transportation commission or its successor entity.

       Sec. 413. RCW 47.06.050 and 1993 c 446 s 5 are each amended to read as follows:

       The state-owned facilities component of the statewide transportation plan shall consist of:

       (1) The state highway system plan, which identifies program and financing needs and recommends specific and financially realistic improvements to preserve the structural integrity of the state highway system, ensure acceptable operating conditions, and provide for enhanced access to scenic, recreational, and cultural resources. The state highway system plan shall contain the following elements:

       (a) A system preservation element, which shall establish structural preservation objectives for the state highway system including bridges, identify current and future structural deficiencies based upon analysis of current conditions and projected future deterioration, and recommend program funding levels and specific actions necessary to preserve the structural integrity of the state highway system consistent with adopted objectives. Lowest life cycle cost methodologies must be used in developing a pavement management system. This element shall serve as the basis for the preservation component of the six-year highway program and the two-year biennial budget request to the legislature;

       (b) A highway maintenance element, establishing service levels for highway maintenance on state-owned highways that meet benchmarks established by the transportation commission. The highway maintenance element must include an estimate of costs for achieving those service levels over twenty years. This element will serve as the basis for the maintenance component of the six-year highway program and the two-year biennial budget request to the legislature;

       (c) A capacity and operational improvement element, which shall establish operational objectives, including safety considerations, for moving people and goods on the state highway system, identify current and future capacity, operational, and safety deficiencies, and recommend program funding levels and specific improvements and strategies necessary to achieve the operational objectives. In developing capacity and operational improvement plans the department shall first assess strategies to enhance the operational efficiency of the existing system before recommending system expansion. Strategies to enhance the operational efficiencies include but are not limited to access management, transportation system management, demand management, and high-occupancy vehicle facilities. The capacity and operational improvement element must conform to the state implementation plan for air quality and be consistent with regional transportation plans adopted under chapter 47.80 RCW, and shall serve as the basis for the capacity and operational improvement portions of the six-year highway program and the two-year biennial budget request to the legislature;

       (((c))) (d) A scenic and recreational highways element, which shall identify and recommend designation of scenic and recreational highways, provide for enhanced access to scenic, recreational, and cultural resources associated with designated routes, and recommend a variety of management strategies to protect, preserve, and enhance these resources. The department, affected counties, cities, and towns, regional transportation planning organizations, and other state or federal agencies shall jointly develop this element;

       (((d))) (e) A paths and trails element, which shall identify the needs of nonmotorized transportation modes on the state transportation systems and provide the basis for the investment of state transportation funds in paths and trails, including funding provided under chapter 47.30 RCW.

       (2) The state ferry system plan, which shall guide capital and operating investments in the state ferry system. The plan shall establish service objectives for state ferry routes, forecast travel demand for the various markets served in the system, ((and)) develop strategies for ferry system investment that consider regional and statewide vehicle and passenger needs, support local land use plans, and assure that ferry services are fully integrated with other transportation services. The plan must provide for maintenance of capital assets. The plan must also provide for preservation of capital assets based on lowest life cycle cost methodologies. The plan shall assess the role of private ferries operating under the authority of the utilities and transportation commission and shall coordinate ferry system capital and operational plans with these private operations. The ferry system plan must be consistent with the regional transportation plans for areas served by the state ferry system, and shall be developed in conjunction with the ferry advisory committees.

       Sec. 414. RCW 47.06.090 and 1993 c 446 s 9 are each amended to read as follows:

       The state-interest component of the statewide multimodal transportation plan shall include an intercity passenger rail plan, which shall analyze existing intercity passenger rail service and recommend improvements to that service under the state passenger rail service program including depot improvements, potential service extensions, and ways to achieve higher train speeds.

       For purposes of maintaining and preserving any state-owned component of the state's passenger rail program, the statewide multimodal transportation plan must identify all such assets and provide a preservation plan based on lowest life cycle cost methodologies.

       NEW SECTION. Sec. 415. A new section is added to chapter 81.112 RCW to read as follows:

       As a condition of receiving state funding, a regional transit authority shall submit a maintenance and preservation management plan for certification by the transportation commission or its successor entity. The plan must inventory all transportation system assets within the direction and control of the transit authority, and provide a plan for preservation of assets based on lowest life cycle cost methodologies.

       NEW SECTION. Sec. 416. A new section is added to chapter 36.78 RCW to read as follows:

       The board shall establish a standard of good practice for maintenance of transportation system assets. This standard must be implemented by all counties no later than December 31, 2007. The board shall develop a model maintenance management system for use by counties. The board shall develop rules to assist the counties in the implementation of this system. Counties shall annually submit their maintenance plans to the board. The board shall compile the county data regarding maintenance management and annually submit it to the transportation commission or its successor entity.

       NEW SECTION. Sec. 417. Sections 401 through 404 of this act take effect July 1, 2002.

       NEW SECTION. Sec. 418. Sections 409 through 412, 415, and 416 of this act are null and void if new transportation revenues do not become law by January 1, 2003.

       NEW SECTION. Sec. 419. Captions and part headings used in this act are not part of the law.

       NEW SECTION. Sec. 420. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."


MOTION


      Senator Benton moved that the following amendments to the Committee on Transportation striking amendment be considered simultaneously and be adopted:

       On page 4, after line 11, strike all of Section 205 in its entirety (lines 12-17).

       On page 8, after line 7, strike all of Section 309 in its entirety (lines 8-10).

       Renumber the sections consecutively and correct any internal references accordingly.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Benton on page 4, after line 11, and page 8, after line 7, to the Committee on Transportation striking amendment to Engrossed Substitute House Bill No. 2304.

      The motion by Senator Benton failed and the amendments to the striking amendment were not adopted.

      The President declared the question before the Senate to be the adoption of the Committee on Transportation striking amendment to Engrossed Substitute House Bill No. 2304.

      The motion by Senator Haugen carried and the committee striking amendment was adopted


MOTIONS


      On motion of Senator Haugen, the following title amendment was adopted:

       On page 1, line 1 of the title, after "transportation;" strike the remainder of the title and insert "amending RCW 41.06.380, 39.12.070, 39.12.080, 47.05.010, 47.05.030, 47.05.035, 47.06.130, 47.05.051, 35.84.060, 47.06.050, and 47.06.090; adding new sections to chapter 47.28 RCW; adding a new section to chapter 49.04 RCW; adding a new section to chapter 47.01 RCW; adding a new section to chapter 47.06 RCW; adding a new section to chapter 39.12 RCW; adding a new section to chapter 36.56 RCW; adding a new section to chapter 36.57A RCW; adding a new section to chapter 46.68 RCW; adding a new section to chapter 81.112 RCW; adding a new section to chapter 36.78 RCW; creating new sections; making an appropriation; and providing effective dates."

      On motion of Senator Betti Sheldon, the rules were suspended, Engrossed Substitute House Bill No. 2304, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2304, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2304, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

     Excused: Senators Deccio, Finkbeiner and Rossi - 3.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2304, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE SENATE BILL NO. 6140, by Senators McDonald, Prentice, Horn, Eide, Johnson, Finkbeiner, Patterson, Shin, Benton, Kastama, Costa, McAuliffe, Rossi, Long, Roach, Zarelli and Oke

 

Creating congestion relief boards.


MOTIONS


      On motion of Senator McDonald, Second Substitute Senate Bill No. 6140 was substituted for Substitute Senate Bill No. 6140 and the second substitute senate bill was read the second time.

      Senator McDonald moved that the following striking amendment by Senators McDonald, Horn, Kastama, Benton, Rasmussen and Haugen be adopted:

       Strike everything after the enacting clause and insert the following:


"I. CREATION OF REGIONAL TRANSPORTATION INVESTMENT DISTRICT


       NEW SECTION. Sec. 101. FINDINGS. The legislature finds that:

       (1) The capacity of many of Washington state's transportation facilities have failed to keep up with the state's growth, particularly in major urban regions;

       (2) The state cannot by itself fund, in a timely way, many of the major capacity and other improvements required on highways of statewide significance in the state's largest urbanized area;

       (3) Providing a transportation system that provides efficient mobility for persons and freight requires a shared partnership and responsibility between the state, local, and regional governments and the private sector; and

       (4) Timely construction and development of significant transportation improvement projects can best be achieved through enhanced funding options for governments at the county and regional levels, using already existing tax authority to address roadway and multimodal needs and new authority for regions to address critical projects of statewide significance.

       NEW SECTION. Sec. 102. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

       (1) "Board" means the governing body of a regional transportation investment district.

       (2) "Department" means the Washington state department of transportation.

       (3) "Highway of statewide significance" means an existing or proposed state route or federal interstate as designated a highway of statewide significance by the transportation commission, its successor entity, or the legislature.

       (4) "Lead agency" means a public agency that by law can plan, design, and build a project and has been so designated by the district.

       (5) "Regional transportation investment district" or "district" means a municipal corporation whose boundaries are coextensive with two or more contiguous counties and that has been created by county legislative authorities and a vote of the people under this chapter to implement a regional transportation investment plan.

       (6) "Regional transportation investment district coordinating committee" or "coordinating committee" means the advisory committee created under section 103 of this act to create and propose to county legislative authorities a regional transportation investment plan to develop, finance, and construct transportation projects.

       (7) "Regional transportation investment plan" or "plan" means a plan to develop, construct, and finance a transportation project or projects.

       (8) "Transportation project" is:

       (a) A capital improvement or improvements to all or a portion of a highway of statewide significance, including an extension, that adds a lane or new lanes to an existing state or federal highway; or

       (b) A capital improvement or improvements to all or a portion of a highway of statewide significance, including an extension, that repairs or replaces a lane or lanes damaged by an event declared an emergency by the governor before January 1, 2002.

       A transportation project as defined in (a) and (b) of this subsection may include the following associated multimodal capital improvements of:

       (i) Approaches to highways of statewide significance;

       (ii) High-occupancy vehicle lanes;

       (iii) Flyover ramps;

       (iv) Park and ride lots;

       (v) Bus pullouts;

       (vi) Vans for vanpools;

       (vii) Buses; and

       (viii) Signalization, ramp metering, and other transportation system management improvements.

       Operations, preservation, and maintenance are excluded from this definition.

       (9) "Weighted vote" means a vote that reflects the population each board or coordinating committee member represents relative to the population represented by the total membership of the board or coordinating committee. Population must be determined using the federal 2000 census or subsequent federal census data.

       NEW SECTION. Sec. 103. COORDINATING COMMITTEE FORMATION. Regional transportation investment district coordinating committees are advisory entities that are created, convened, and empowered as follows:

       (1) A county with a population over one million five hundred thousand persons and any adjoining counties with a population over five hundred thousand persons may create a regional transportation investment district and shall convene a regional transportation investment district coordinating committee.

       (2) The members of the legislative authorities participating in planning under this chapter shall serve as the district coordinating committee. Members of the coordinating committee receive no compensation, but may be reimbursed for travel and incidental expenses as the coordinating committee deems appropriate.

       The secretary of transportation, or the appropriate regional administrator of the department, as named by the secretary, shall serve on the committee as a nonvoting member.

       (3) A regional transportation investment district coordinating committee may be entitled to state funding, as appropriated by the legislature, for start-up funding to pay for salaries, expenses, overhead, supplies, and similar expenses ordinarily and necessarily incurred in selecting transportation projects and funding for those projects under this chapter. Upon creation of a regional transportation investment district, the district shall within one year reimburse the state for any sums advanced for these start-up costs from the state.

       (4) The coordinating committee shall conduct its affairs and formulate a regional transportation investment plan as provided under section 104 of this act, except that it shall elect an executive board of seven members to discharge the duties of the coordinating committee and formulate a regional transportation investment plan, subject to the approval of the full committee.

       (5) At its first meeting, a regional transportation investment district coordinating committee may elect officers and provide for the adoption of rules and other operating procedures.

       (6) Governance of and decisions by a regional transportation investment district coordinating committee must be by a sixty-percent weighted majority vote of the total membership.

       (7) The coordinating committee may dissolve itself at any time by a two-thirds weighted majority vote of the total membership of the coordinating committee.

       NEW SECTION. Sec. 104. COORDINATING COMMITTEE DUTIES. (1) A regional transportation investment district coordinating committee shall adopt a regional transportation investment plan providing for the selection, development, construction, and financing of transportation projects. The regional transportation investment plan should consider land use planning. The coordinating committee may coordinate its activities with the department, which shall provide services, data, and personnel to assist in this planning as desired by the coordinating committee. In addition, the coordinating committee shall coordinate with affected cities, towns, and other local governments that engage in transportation planning.

       (2) The coordinating committee shall:

       (a) Conduct public meetings that are needed to assure active public participation in the development of the plan;

       (b) Adopt a plan proposing the creation of a regional transportation investment district and recommending projects to improve mobility based on addressing transportation improvement projects; and

       (c) Recommend sources of revenue authorized by section 105 of this act and a financing plan to fund selected transportation projects. The overall plan of the district must leverage the district's financial contributions so that the federal, state, local, and other revenue sources continue to fund major congestion relief and transportation capacity improvement projects in the district. A combination of local, state, and federal revenues may be necessary to pay for transportation projects, and the coordinating committee shall consider all of these revenue sources in developing a plan.

       (3) Before adopting the plan, the coordinating committee, with assistance from the department, shall work with the lead agency to develop accurate cost forecasts for projects. This project costing methodology must be integrated with revenue forecasts in developing the plan and must at a minimum include estimated project costs in constant dollars as well as year of expenditure dollars, the range of project costs reflected by the level of project design, project contingencies, identification of mitigation costs, the range of revenue forecasts, and project and plan cash flow and bond analysis. The plan submitted to the voters must provide cost estimates for each project, including reasonable contingency costs. Plans submitted to the voters must provide that the maximum amount possible of the funds raised will be used to fund projects in the plan, including environmental improvements and mitigation, and that administrative costs be minimized. If actual revenue exceeds actual plan costs, the excess revenues must be used to retire any outstanding debt associated with the plan.

       (4) If a county opts not to adopt the plan or participate in the regional transportation investment district, but two or more contiguous counties do choose to continue to participate, then the coordinating committee may, within ninety days, redefine the regional transportation investment plan and the ballot measure to be submitted to the people to reflect elimination of a county, and submit the redefined plan to the legislative authorities of the remaining counties for their decision as to whether to continue to adopt the redefined plan and participate. This action must be completed within sixty days after receipt of the redefined plan.

       (5) Once adopted, the plan must be forwarded to the participating county legislative authorities to initiate the election process under section 107 of this act. The coordinating committee shall at the same time provide notice to each city and town within the district, the governor, the chairs of the transportation committees of the legislature, the secretary of transportation, and each legislator whose legislative district is partially or wholly within the boundaries of the district.

       (6) If the ballot measure is not approved, the coordinating committee may redefine the selected projects, financing plan, and the ballot measure. The county legislative authorities may approve the new plan and ballot measure, and may then submit the revised proposition to the voters at the next election or a special election. If no ballot measure is approved by the voters by the third vote, the coordinating committee is dissolved.

       NEW SECTION. Sec. 105. TAXES AND FEES. (1) A regional transportation investment district coordinating committee may, as part of a regional transportation investment plan, recommend the imposition of some or all of the following revenue sources, which a regional transportation investment district may impose upon approval of the voters as provided in this chapter:

       (a) A regional sales and use tax, as specified in section 504 of this act, of up to 0.5 percent of the selling price, in the case of a sales tax, or value of the article used, in the case of a use tax, upon the occurrence of any taxable event in the regional transportation investment district;

       (b) A local option vehicle license fee, as specified under section 508 of this act, of up to one hundred dollars per vehicle registered in the district. As used in this subsection, "vehicle" means motor vehicle as defined in RCW 46.04.320. Certain classes of vehicles, as defined under chapter 46.04 RCW, may be exempted from this fee;

       (c) A parking tax under RCW 82.80.030;

       (d) A local motor vehicle excise tax under RCW 81.100.060;

       (e) An employer excise tax under RCW 81.100.030; and

       (f) Vehicle tolls, but only on new facilities. Unless otherwise specified by law, the department shall administer the collection of vehicle tolls on designated facilities, and the state transportation commission, or its successor, shall be the tolling authority.

       (2) Taxes, fees, and tolls may not be imposed without an affirmative vote of the majority of the voters within the boundaries of the district voting on a ballot proposition as set forth in section 107 of this act. Revenues from these taxes and fees may be used only to implement the plan as set forth in this chapter. A district may contract with the state department of revenue or other appropriate entities for administration and collection of any of the taxes or fees authorized in this section.

       (3) Existing statewide motor vehicle fuel and special fuel taxes, at the distribution rates in effect on January 1, 2001, are not intended to be altered by this chapter.

       (4)(a) The state sales and use taxes imposed and collected under chapters 82.08 and 82.12 RCW, less any credits allowed under chapter 82.14 RCW, on initial construction for a project to be constructed under this chapter must be transferred to the project or identified as a credit on the project to defray costs or pay debt service on that project. In the case of a toll project, the transfer or credit must be used to lower the overall cost of the project and thereby the corresponding tolls.

       (b) This transaction is exempt from the requirements in RCW 43.135.035(4).

       (c) Government entities constructing projects under this chapter shall report to the department of revenue the amount of state sales or use tax covered under this subsection (4).

       NEW SECTION. Sec. 106. PERFORMANCE CRITERIA FOR REGIONAL PROJECT SELECTION. (1) The coordinating committee shall consider the following criteria for selecting projects to improve corridor performance:

       (a) Reduced level of congestion and improved safety;

       (b) Improved travel time;

       (c) Improved air quality;

       (d) Increases in daily and peak period person and vehicle trip capacity;

       (e) Reductions in person and vehicle delay;

       (f) Improved freight mobility; and

       (g) Cost-effectiveness of the investment.

       (2) These criteria represent only minimum standards that must be considered in selecting transportation improvement projects. The board shall also consider rules and standards for benchmarks adopted by the transportation commission or its successor.

       NEW SECTION. Sec. 107. SUBMISSION OF PLAN TO THE VOTERS. Two or more contiguous county legislative authorities, upon receipt of the regional transportation investment plan under section 104 of this act, may certify the plan to the ballot, including identification of the tax options necessary to fund the plan. County legislative authorities may draft a ballot title, give notice as required by law for ballot measures, and perform other duties as required to put the plan before the voters of the proposed district for their approval or rejection as a single ballot measure that both approves formation of the district and approves the plan. Counties must negotiate interlocal agreements necessary to implement the plan. The electorate will be the voters voting within the boundaries of the participating counties. A simple majority of the total persons voting on the single ballot measure to approve the plan, establish the district, and impose the taxes and fees is required for approval.

       NEW SECTION. Sec. 108. CERTIFICATION OF FORMATION. If the voters approve the plan, including creation of a regional transportation investment district and imposition of taxes and fees, the district will be declared formed. The county election officials of participating counties shall, within fifteen days of the final certification of the election results, publish a notice in a newspaper or newspapers of general circulation in the district declaring the district formed, and mail copies of the notice to the governor, the secretary of transportation, the executive director of the regional transportation planning organization, and the county treasurer who is serving as the district treasurer. A party challenging the procedure or the formation of a voter-approved district must file the challenge in writing by serving the prosecuting attorney of the participating counties and the attorney general within thirty days after the final certification of the election. Failure to challenge within that time forever bars further challenge of the district's procedure or the valid formation.

       NEW SECTION. Sec. 109. BOARD COMPOSITION. (1) The governing board of a district consists of the members of the legislative authority of each member county, acting ex officio and independently. The secretary of transportation or the appropriate regional administrator of the department, as named by the secretary, shall also serve as a nonvoting member of the board.

       (2) A sixty-percent majority of the weighted votes of the total board membership is required to submit to the counties a modified plan under section 114 of this act or any other proposal to be submitted to the voters. The counties, may, with majority vote of each county legislative authority, submit a modified plan or proposal to the voters.

       NEW SECTION. Sec. 110. BOARD ORGANIZATION. The board shall adopt rules for the conduct of business. The board shall adopt bylaws to govern district affairs, which may include:

       (1) The time and place of regular meetings;

       (2) Rules for calling special meetings;

       (3) The method of keeping records of proceedings and official acts;

       (4) Procedures for the safekeeping and disbursement of funds; and

       (5) Any other provisions the board finds necessary to include.

       NEW SECTION. Sec. 111. BOARD'S POWERS AND DUTIES. (1) The governing board of the district is responsible for the execution of the voter-approved plan. The board shall:

       (a) Impose taxes and fees authorized by district voters;

       (b) Enter into agreements with state, local, and regional agencies and departments as necessary to accomplish district purposes and protect the district's investment in projects;

       (c) Accept gifts, grants, or other contributions of funds that will support the purposes and programs of the district;

       (d) Monitor and audit the progress and execution of projects to protect the investment of the public and annually make public its findings;

       (e) Pay for services and enter into leases and contracts, including professional service contracts;

       (f) Hire no more than ten employees, including a director or executive officer, a treasurer or financial officer, a project manager or engineer, a project permit coordinator, and clerical staff; and

       (g) Exercise other powers and duties as may be reasonable to carry out the purposes of the district.

       (2) It is the intent of the legislature that existing staff resources of lead agencies be used in implementing this chapter. A district may coordinate its activities with the department, which shall provide services, data, and personnel to assist as desired by the regional transportation investment district. Lead agencies for projects that are not state facilities shall also provide staff support for the board.

       (3) A district may not acquire, hold, or dispose of real property.

       (4) A district may not own, operate, or maintain an ongoing facility, road, or transportation system.

       (5) A district may accept and expend or use gifts, grants, or donations.

       (6) It is the intent of the legislature that administrative and overhead costs of a regional transportation investment district be minimized. For projects costing up to fifty million dollars, administrative and overhead costs may not exceed three percent of the total construction and design project costs per year. For projects costing more than fifty million dollars, administrative and overhead costs may not exceed three percent of the first fifty million dollars in costs, plus an additional one-tenth of one percent of each additional dollar above fifty million. These limitations apply only to the district, and do not limit the administration or expenditures of the department.

       (7) A district may use the design-build procedure for projects developed by it. As used in this section "design-build procedure" means a method of contracting under which the district contracts with another party for that party to both design and build the structures, facilities, and other items specified in the contract. The requirements and limitations of RCW 47.20.780 and 47.20.785 do not apply to the projects under this chapter.

       NEW SECTION. Sec. 112. TREASURER. The regional transportation investment district, by resolution, shall designate a person having experience in financial or fiscal matters as treasurer of the district. The district may designate the treasurer of a county within which the district is located to act as its treasurer. Such a treasurer has all of the powers, responsibilities, and duties the county treasurer has related to investing surplus funds. The district shall require a bond with a surety company authorized to do business in this state in an amount and under the terms and conditions the district, by resolution, from time to time finds will protect the district against loss. The district shall pay the premium on the bond.

       In addition to the account established in section 501 of this act, the treasurer may establish a special account, into which may be paid district funds. The treasurer may disburse district funds only on warrants issued by the district upon orders or vouchers approved by the district.

       If the treasurer of the district is the treasurer of a county, all district funds must be deposited with a county depositary under the same restrictions, contracts, and security as provided for county depositaries. If the treasurer of the district is some other person, all funds must be deposited in a bank or banks authorized to do business in this state qualified for insured deposits under any federal deposit insurance act as the district, by resolution, designates.

       The district may provide and require a reasonable bond of any other person handling moneys or securities of the district, but the district shall pay the premium on the bond.

       NEW SECTION. Sec. 113. DEBT AND BONDING. The district may borrow money, but may not issue any debt of its own for more than two years' duration. A district may issue notes or other evidences of indebtedness with a maturity of not more than two years. A district may, when authorized by the plan, enter into agreements with the lead agencies to pledge taxes or other revenues of the district for the purpose of paying in part or whole principal and interest on bonds issued by the lead agency. The contracts pledging revenues and taxes are binding for the term of the agreement, but not to exceed twenty-five years, and no tax pledged by an agreement may be eliminated or modified if it would impair the pledge of the agreement.

       NEW SECTION. Sec. 114. PROJECT OR PLAN MODIFICATION--ACCOUNTABILITY. (1) If a project cost exceeds its original cost by more than twenty percent as identified in the plan:

       (a) The board shall, in coordination with the county legislative authorities, submit to the voters in the district a ballot measure that redefines the scope of the project, its schedule, or its costs. If the voters fail to approve the redefined project, the district shall terminate work on that project, except that the district may take reasonable steps to use, preserve, or connect any improvement already constructed. The remainder of any funds that would otherwise have been expended on the terminated project must first be used to retire any outstanding debt attributable to the plan and then may be used to implement the remainder of the plan.

       (b) Alternatively, upon adoption of a resolution by two or more participating counties:

       (i) The counties shall submit to the voters in the district a ballot measure that redefines the scope of the plan, its projects, its schedule, or its costs. If the voters fail to approve the redefined plan, the district shall terminate work on that plan, except that the district may take reasonable steps to use, preserve, or connect any improvement already constructed. The remainder of any funds must be used to retire any outstanding debt attributable to the plan; or

       (ii) The counties may elect to have the district continue the project without submitting an additional ballot proposal to the voters.

       (2) To assure accountability to the public for the timely construction of the transportation improvement project or projects within cost projections, the district shall issue a report, at least annually, to the public and copies of the report to newspapers of record in the district. In the report, the district shall indicate the status of project costs, project expenditures, revenues, and construction schedules. The report may also include progress towards meeting the performance criteria provided under this chapter.

       NEW SECTION. Sec. 115. STATE DEPARTMENT OF TRANSPORTATION ROLE. (1) The department shall designate an office or division of dedicated staff and services whose primary responsibility is to coordinate the design, preliminary engineering, permitting, financing, and construction of projects under consideration by a regional transportation investment district coordinating committee or that are part of a regional transportation investment plan being implemented by a regional transportation investment district.

       (2) All of the powers granted the department under Title 47 RCW relating to highway construction may, at the request of a regional transportation investment district, be used to implement a regional transportation investment plan and construct transportation projects.

       NEW SECTION. Sec. 116. STATE OWNS IMPROVEMENTS TO STATE FACILITIES. Any improvement to a state facility constructed under this chapter becomes and remains the property of this state.

       NEW SECTION. Sec. 117. DISSOLUTION. Within thirty days of the completion of the construction of the project or series of projects forming the regional transportation investment plan, the district shall terminate day-to-day operations and exist solely as a limited entity that oversees the collection of revenue and the payment of debt service or financing still in effect, if any. The district shall accordingly adjust downward its employees, administration, and overhead expenses. Any taxes, fees, or tolls imposed under an approved plan terminate when the financing or debt service on the project or series of projects constructed is completed and paid, thirty days from which point the district shall dissolve itself and cease to exist. If there is no debt outstanding, then the district shall dissolve within thirty days from completion of construction of the project or series of projects forming the regional transportation investment plan. Notice of dissolution must be published in newspapers of general circulation within the district at least three times in a period of thirty days. Creditors must file claims for payment of claims due within thirty days of the last published notice or the claim is extinguished.

       NEW SECTION. Sec. 118. OTHER REGIONS. The legislature finds that regional solutions to the state's transportation needs are of paramount concern. The legislature further recognizes that different areas of the state will need the flexibility to fashion local solutions to their transportation problems, and that regional transportation systems may evolve over time. Areas of the state outside of King, Snohomish, and Pierce counties are eligible for grants from the state of no more than one hundred fifty thousand dollars to study and develop regional transportation models. Regions electing to participate in this pilot program may form interlocal agreements within their regions and must develop a model that can be used within their region. Regions receiving these grants shall report to the transportation committees in the senate and house of representatives on the positive and negative aspects of the model as well as costs associated with it no later than June 30, 2003.

II. JOINT BALLOT WITH RTA


       NEW SECTION. Sec. 201. JOINT BALLOT MEASURE. At the option of the coordinating committee, and with the explicit approval of the regional transit authority, the participating counties may choose to impose any remaining high capacity transportation taxes under chapter 81.104 RCW that have not otherwise been used by a regional transit authority and submit to the voters a common ballot measure that creates the district, approves the regional transportation investment plan, implements the taxes, and implements any remaining high capacity transportation taxes within the boundaries of the regional transportation investment district. Collection and expenditures of any high capacity transportation taxes implemented under this section must be determined by agreement between the participating counties or district and the regional transit authority electing to submit high capacity transportation taxes to the voters under a common ballot measure as provided in this section. If the measure fails, all such unused high capacity transportation taxes revert back to and remain with the regional transit authority. A project constructed with this funding is not considered a "transportation project" under section 102 of this act.

       Sec. 202. RCW 81.104.140 and 1992 c 101 s 25 are each amended to read as follows:

       (1) Agencies authorized to provide high capacity transportation service, including transit agencies and regional transit authorities, and regional transportation investment districts acting with the agreement of an agency, are hereby granted dedicated funding sources for such systems. These dedicated funding sources, as set forth in RCW 81.104.150, 81.104.160, and 81.104.170, are authorized only for agencies located in (a) each county with a population of two hundred ten thousand or more and (b) each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand except for those counties that do not border a county with a population as described under (a) of this subsection. In any county with a population of one million or more or in any county having a population of four hundred thousand or more bordering a county with a population of one million or more, these funding sources may be imposed only by a regional transit authority or a regional transportation investment district. Regional transportation investment districts may, with the approval of the regional transit authority within its boundaries, impose the taxes authorized under this chapter, but only upon approval of the voters and to the extent that the maximum amount of taxes authorized under this chapter have not been imposed.

       (2) Agencies planning to construct and operate a high capacity transportation system should also seek other funds, including federal, state, local, and private sector assistance.

       (3) Funding sources should satisfy each of the following criteria to the greatest extent possible:

       (a) Acceptability;

       (b) Ease of administration;

       (c) Equity;

       (d) Implementation feasibility;

       (e) Revenue reliability; and

       (f) Revenue yield.

       (4) Agencies participating in regional high capacity transportation system development are authorized to levy and collect the following voter-approved local option funding sources:

       (a) Employer tax as provided in RCW 81.104.150, other than by regional transportation investment districts;

       (b) Special motor vehicle excise tax as provided in RCW 81.104.160; and

       (c) Sales and use tax as provided in RCW 81.104.170.

       Revenues from these taxes may be used only to support those purposes prescribed in subsection (10) of this section. Before the date of an election authorizing an agency to impose any of the taxes enumerated in this section and authorized in RCW 81.104.150, 81.104.160, and 81.104.170, the agency must comply with the process prescribed in RCW 81.104.100 (1) and (2) and 81.104.110. No construction on exclusive right of way may occur before the requirements of RCW 81.104.100(3) are met.

       (5) Authorization in subsection (4) of this section shall not adversely affect the funding authority of transit agencies not provided for in this chapter. Local option funds may be used to support implementation of interlocal agreements with respect to the establishment of regional high capacity transportation service. Except when a regional transit authority exists, local jurisdictions shall retain control over moneys generated within their boundaries, although funds may be commingled with those generated in other areas for planning, construction, and operation of high capacity transportation systems as set forth in the agreements.

       (6) Agencies planning to construct and operate high capacity transportation systems may contract with the state for collection and transference of voter-approved local option revenue.

       (7) Dedicated high capacity transportation funding sources authorized in RCW 81.104.150, 81.104.160, and 81.104.170 shall be subject to voter approval by a simple majority. A single ballot proposition may seek approval for one or more of the authorized taxing sources. The ballot title shall reference the document identified in subsection (8) of this section.

       (8) Agencies shall provide to the registered voters in the area a document describing the systems plan and the financing plan set forth in RCW 81.104.100. It shall also describe the relationship of the system to regional issues such as development density at station locations and activity centers, and the interrelationship of the system to adopted land use and transportation demand management goals within the region. This document shall be provided to the voters at least twenty days prior to the date of the election.

       (9) For any election in which voter approval is sought for a high capacity transportation system plan and financing plan pursuant to RCW 81.104.040, a local voter's pamphlet shall be produced as provided in chapter 29.81A RCW.

       (10) Agencies providing high capacity transportation service shall retain responsibility for revenue encumbrance, disbursement, and bonding. Funds may be used for any purpose relating to planning, construction, and operation of high capacity transportation systems and commuter rail systems, personal rapid transit, busways, bus sets, and entrained and linked buses.


III. CITY MVET FOR MONORAIL


       NEW SECTION. Sec. 301. A new section is added to chapter 81.104 RCW to read as follows:

       MVET FOR CITY MONORAIL. (1) The legislature finds that there is a need for large cities, with populations of five hundred thousand or more, at their option, to develop, construct, and operate intracity monorail systems within their boundaries to facilitate the movement of people and mitigate traffic congestion in highly urbanized areas.

       (2) For the sole purposes of developing, constructing, or operating an intracity monorail system within its boundaries, a city with a population of five hundred thousand or more may, with voter approval, impose a motor vehicle excise tax, at a rate approved by the voters, but not exceeding one percent of the value of every motor vehicle owned by a person residing within the city and on the state sales and use taxes paid under the rate in RCW 82.08.020(2) on retail car rentals within the city. No tax may be imposed on vehicles licensed under RCW 46.16.070 except vehicles with an unladen weight of six thousand pounds or less, RCW 46.16.079, 46.16.085, or 46.16.090.

       Before the effective date of the resolution or ordinance imposing the tax, cities imposing a tax under this section shall contract the administration and collection to the state department of licensing and department of revenue, as appropriate, which shall deduct an amount, as provided by contract, for administration and collection expenses incurred by the department. All administrative provisions in chapters 82.03, 82.32, and 82.44 RCW, insofar as they apply to state motor vehicle excise taxes, also apply to taxes imposed under this section. All administrative provisions in chapters 82.03, 82.08, 82.12, and 82.32 RCW, insofar as they apply to state sales and use taxes, also apply to taxes imposed under this section.


IV. HIGHWAYS OF STATEWIDE SIGNIFICANCE


       Sec. 401. RCW 47.05.021 and 1998 c 245 s 95 and 1998 c 171 s 5 are each reenacted and amended to read as follows:

       LEGISLATURE MAY DESIGNATE HIGHWAYS OF STATEWIDE SIGNIFICANCE. (1) The transportation commission is hereby directed to conduct periodic analyses of the entire state highway system, report thereon to the chairs of the transportation committees of the senate and house of representatives, including one copy to the staff of each of the committees, biennially and based thereon, to subdivide, classify, and subclassify according to their function and importance all designated state highways and those added from time to time and periodically review and revise the classifications into the following three functional classes:

       (a) The "principal arterial system" shall consist of a connected network of rural arterial routes with appropriate extensions into and through urban areas, including all routes designated as part of the interstate system, which serve corridor movements having travel characteristics indicative of substantial statewide and interstate travel;

       (b) The "minor arterial system" shall, in conjunction with the principal arterial system, form a rural network of arterial routes linking cities and other activity centers which generate long distance travel, and, with appropriate extensions into and through urban areas, form an integrated network providing interstate and interregional service; and

       (c) The "collector system" shall consist of routes which primarily serve the more important intercounty, intracounty, and intraurban travel corridors, collect traffic from the system of local access roads and convey it to the arterial system, and on which, regardless of traffic volume, the predominant travel distances are shorter than on arterial routes.

       (2) In making the functional classification the transportation commission shall adopt and give consideration to criteria consistent with this section and federal regulations relating to the functional classification of highways, including but not limited to the following:

       (a) Urban population centers within and without the state stratified and ranked according to size;

       (b) Important traffic generating economic activities, including but not limited to recreation, agriculture, government, business, and industry;

       (c) Feasibility of the route, including availability of alternate routes within and without the state;

       (d) Directness of travel and distance between points of economic importance;

       (e) Length of trips;

       (f) Character and volume of traffic;

       (g) Preferential consideration for multiple service which shall include public transportation;

       (h) Reasonable spacing depending upon population density; and

       (i) System continuity.

       (3) The transportation commission or the legislature shall designate state highways of statewide significance under RCW 47.06.140((, and)). If the commission designates a state highway of statewide significance, it shall submit a list of such facilities for adoption by the ((1999)) legislature. This statewide system shall include at a minimum interstate highways and other statewide principal arterials that are needed to connect major communities across the state and support the state's economy.

       (4) The transportation commission shall designate a freight and goods transportation system. This statewide system shall include state highways, county roads, and city streets. The commission, in cooperation with cities and counties, shall review and make recommendations to the legislature regarding policies governing weight restrictions and road closures which affect the transportation of freight and goods.

       NEW SECTION. Sec. 402. A new section is added to chapter 47.05 RCW to read as follows:

       DESIGNATION OF STATE ROUTE NUMBER 509. The legislature designates that portion of state route number 509 that runs or will run from state route number 518 in the north to the intersection with interstate 5 in the south as a state highway of statewide significance.


V. FINANCE


       NEW SECTION. Sec. 501. REGIONAL TRANSPORTATION INVESTMENT DISTRICT ACCOUNT. The regional transportation investment district account is created in the custody of the state treasurer. The purpose of this account is to act as an account into which may be deposited state money, if any, that may be used in conjunction with district money to fund transportation projects. Additionally, the district may deposit funds into this account for disbursement, as appropriate, on transportation projects. Nothing in this section requires any state matching money. All money deposited in the regional transportation investment district account will be used for design, right of way acquisition, capital acquisition, and construction, or for the payment of debt service associated with these activities, for regionally funded projects developed under this chapter. Only the district may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW. An appropriation is not required for expenditures from this account.

       Sec. 502. RCW 47.56.075 and 1984 c 7 s 252 are each amended to read as follows:

       TOLL ROADS--REGIONAL TRANSPORTATION INVESTMENT DISTRICTS. The department shall approve for construction only such toll roads as the legislature specifically authorizes or such toll facilities as are specifically sponsored by a regional transportation investment district, city, town, or county.

       Sec. 503. RCW 43.84.092 and 2001 2nd sp.s. c 14 s 608, 2001 c 273 s 6, 2001 c 141 s 3, and 2001 c 80 s 5 are each reenacted and amended to read as follows:

       DEPOSIT OF SURPLUS BALANCE INVESTMENT EARNINGS--TREASURY INCOME ACCOUNT--ACCOUNTS AND FUNDS CREDITED. (EFFECTIVE MARCH 1, 2002.) (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

       (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

       (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

       (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

       (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the emergency reserve fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public health supplemental account, the Puyallup tribal settlement account, the regional transportation investment district account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

       (b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.

       (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

       NEW SECTION. Sec. 504. A new section is added to chapter 82.14 RCW to read as follows:

       SALES AND USE TAX. (1) If approved by the majority of the voters within its boundaries voting on the ballot proposition, a regional transportation investment district may impose a sales and use tax of up to 0.5 percent of the selling price or value of the article used in the case of a use tax. The tax authorized by this section is in addition to the tax authorized by RCW 82.14.030 and must be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the taxing district. Motor vehicles, as defined in RCW 46.04.320, are exempt from the sales and use tax imposed under this subsection.

       (2) A use tax may be imposed on the privilege of using a motor vehicle within a regional transportation investment district. The tax applies to those persons who reside within the regional transportation investment district. The rate of the tax may not exceed 0.5 percent of the value of the motor vehicle. The tax authorized by this subsection is in addition to the tax authorized under RCW 82.14.030 and must be imposed and collected at the time a taxable event under RCW 82.08.020(1) or 82.12.020 takes place. All revenue received under this subsection must be deposited in the local sales and use tax account and distributed to the regional transportation investment district according to RCW 82.14.050. The following provisions apply to the use tax in this subsection:

       (a) Where persons are taxable under chapter 82.08 RCW, the seller shall collect the use tax from the buyer using the collection provisions of RCW 82.08.050.

       (b) Where persons are taxable under chapter 82.12 RCW, the use tax must be collected using the provisions of RCW 82.12.045.

       (c) "Motor vehicle" has the meaning given in RCW 46.04.320.

       (d) "Person" has the meaning given in RCW 82.04.030.

       (e) The value of a motor vehicle must be determined under RCW 82.12.010.

       (f) Except as specifically stated in this subsection (2), chapters 82.12 and 82.32 RCW apply to the use tax. The use tax is a local tax imposed under the authority of chapter 82.14 RCW, and chapter 82.14 RCW applies fully to the use tax.

       NEW SECTION. Sec. 505. A new section is added to chapter 43.135 RCW to read as follows:

       SALES AND USE TAX CREDIT SHIFT. A transfer or credit from the general fund of sales and use tax paid on a transportation project being constructed by a regional transportation investment district does not require a corresponding lowering of the state expenditure limit to reflect this shift for purposes of RCW 43.135.035(4).

       Sec. 506. RCW 82.14.050 and 1999 c 165 s 14 are each amended to read as follows:

       CONTRACTS FOR COLLECTION OF SALES AND USE TAX. The counties, cities, and transportation authorities under RCW 82.14.045 ((and)), public facilities districts under chapters 36.100 and 35.57 RCW, and regional transportation investment districts shall contract, prior to the effective date of a resolution or ordinance imposing a sales and use tax, the administration and collection to the state department of revenue, which shall deduct a percentage amount, as provided by contract, not to exceed two percent of the taxes collected for administration and collection expenses incurred by the department. The remainder of any portion of any tax authorized by this chapter ((which)) that is collected by the department of revenue shall be deposited by the state department of revenue in the local sales and use tax account hereby created in the state treasury. Moneys in the local sales and use tax account may be spent only for distribution to counties, cities, transportation authorities, ((and)) public facilities districts, and regional transportation investment districts imposing a sales and use tax. All administrative provisions in chapters 82.03, 82.08, 82.12, and 82.32 RCW, as they now exist or may hereafter be amended, shall, insofar as they are applicable to state sales and use taxes, be applicable to taxes imposed pursuant to this chapter. Except as provided in RCW 43.08.190, all earnings of investments of balances in the local sales and use tax account shall be credited to the local sales and use tax account and distributed to the counties, cities, transportation authorities, ((and)) public facilities districts, and regional transportation investment districts monthly.

       NEW SECTION. Sec. 507. A new section is added to chapter 82.32 RCW to read as follows:

       CREDIT ON SALES TAX ON TOLL PROJECTS. (1) The tax imposed and collected under chapters 82.08 and 82.12 RCW, less any credits allowed under chapter 82.14 RCW, on initial construction for a project to be constructed under chapter 36.-- RCW (sections 101 through 117, 201, and 501 of this act), must be transferred to the project or identified as a credit on the project to defray costs or pay debt service on that project. In the case of a toll project, this transfer or credit must be used to lower the overall cost of the project and thereby the corresponding tolls.

       (2) This transaction is exempt from the requirements in RCW 43.135.035(4).

       (3) Government entities constructing projects under chapter 36.-- RCW (sections 101 through 117, 201, and 501 of this act) shall report to the department the amount of state sales or use tax covered under this section.

       NEW SECTION. Sec. 508. A new section is added to chapter 82.80 RCW to read as follows:

       LOCAL OPTION VEHICLE LICENSE FEE. (1) Upon approval of a majority of the voters within its boundaries voting on the ballot proposition, a regional transportation investment district may set and impose an annual local option vehicle license fee of a uniform amount of up to one hundred dollars per motor vehicle registered within the boundaries of the region on every motor vehicle, as defined in RCW 46.04.320. Vehicles registered under chapter 46.87 RCW and the International Registration Plan are exempt from the annual local option vehicle license fee set forth in this section. The department of licensing shall administer and collect this fee on behalf of regional transportation investment districts and remit this fee to the custody of the state treasurer for monthly distribution under RCW 82.80.080.

       (2) The local option vehicle license fee applies only when establishing or renewing a vehicle registration. This fee is effective with the registration expiration date as provided by the department of licensing.

       (3) A regional transportation investment district imposing the local option vehicle license fee or initiating an exemption process shall enter into a contract with the department of licensing. The contract must contain provisions that fully recover the costs to the department of licensing for collection and administration of the fee.

       (4) A regional transportation investment district imposing the local option fee shall delay the effective date of the local option vehicle license fee imposed by this section at least six months from the date of the final certification of the approval election to allow the department of licensing to implement the administration and collection of or exemption from the fee.

       NEW SECTION. Sec. 509. A new section is added to chapter 47.56 RCW to read as follows:

       AUTHORIZATION FOR DISTRICT TO IMPOSE TOLLS. Upon approval of a majority of the voters within its boundaries voting on the ballot proposition, and only for the purposes authorized in section 105(1)(g) of this act, a regional transportation investment district may impose vehicle tolls on state routes where improvements financed in whole or in part by a regional transportation investment district add additional lanes to a highway of statewide significance. The department shall administer the collection of vehicle tolls on designated facilities unless otherwise specified in law, and the state transportation commission, or its successor, shall be the tolling authority.

       Sec. 510. RCW 47.56.075 and 1984 c 7 s 252 are each amended to read as follows:

       DEPARTMENT OF TRANSPORTATION AUTHORIZATION FOR DISTRICT TOLL FACILITIES. The department shall approve for construction only such toll roads as the legislature specifically authorizes or such toll facilities as are specifically sponsored by a regional transportation investment district, city, town, or county.

       Sec. 511. RCW 81.100.010 and 1990 c 43 s 12 are each amended to read as follows:

       DISTRICT AUTHORITY TO IMPOSE HIGH-OCCUPANCY VEHICLE TAXES. The need for mobility, growing travel demand, and increasing traffic congestion in urban areas necessitate accelerated development and increased utilization of the high-occupancy vehicle system. RCW 81.100.030 and 81.100.060 provide taxing authority that counties or regional transportation investment districts can use in the near term to accelerate development and increase utilization of the high-occupancy vehicle system by supplementing available federal, state, and local funds.

       Sec. 512. RCW 81.100.030 and 1991 c 363 s 153 are each amended to read as follows:

       DISTRICT AUTHORITY TO IMPOSE HIGH-OCCUPANCY VEHICLE EMPLOYER TAX. (1) A county with a population of one million or more, or a county with a population of from two hundred ten thousand to less than one million that is adjoining a county with a population of one million or more, and having within its boundaries existing or planned high-occupancy vehicle lanes on the state highway system, or a regional transportation investment district for capital improvements, but only to the extent that the tax has not already been imposed by the county, may, with voter approval impose an excise tax of up to two dollars per employee per month on all employers or any class or classes of employers, public and private, including the state located in the agency's jurisdiction, measured by the number of full-time equivalent employees. In no event may the total taxes imposed under this section exceed two dollars per employee per month for any single employer. The county or investment district imposing the tax authorized in this section may provide for exemptions from the tax to such educational, cultural, health, charitable, or religious organizations as it deems appropriate.

       Counties or investment districts may contract with the state department of revenue or other appropriate entities for administration and collection of the tax. Such contract shall provide for deduction of an amount for administration and collection expenses.

       (2) The tax shall not apply to employment of a person when the employer has paid for at least half of the cost of a transit pass issued by a transit agency for that employee, valid for the period for which the tax would otherwise be owed.

       (3) A county or investment district shall adopt rules ((which)) that exempt from all or a portion of the tax any employer that has entered into an agreement with the county or investment district that is designed to reduce the proportion of employees who drive in single-occupant vehicles during peak commuting periods in proportion to the degree that the agreement is designed to meet the goals for the employer's location adopted under RCW 81.100.040.

       The agreement shall include a list of specific actions that the employer will undertake to be entitled to the exemption. Employers having an exemption from all or part of the tax through this subsection shall annually certify to the county or investment district that the employer is fulfilling the terms of the agreement. The exemption continues as long as the employer is in compliance with the agreement.

       If the tax authorized in RCW 81.100.060 is also imposed ((by the county)), the total proceeds from both tax sources each year shall not exceed the maximum amount which could be collected under RCW 81.100.060.

       Sec. 513. RCW 81.100.060 and 1998 c 321 s 34 are each amended to read as follows:

       DISTRICT AUTHORITY TO IMPOSE HIGH-OCCUPANCY VEHICLE MOTOR VEHICLE EXCISE TAX. A county with a population of one million or more and a county with a population of from two hundred ten thousand to less than one million that is adjoining a county with a population of one million or more, having within their boundaries existing or planned high-occupancy vehicle lanes on the state highway system, or a regional transportation investment district for capital improvements, but only to the extent that the surcharge has not already been imposed by the county, may, with voter approval, impose a local surcharge of not more than 13.64 percent on the state motor vehicle excise tax paid under RCW 82.44.020(1) on vehicles registered to a person residing within the county and on the state sales and use taxes paid under the rate in RCW 82.08.020(2) on retail car rentals within the county or investment district. A county may impose the surcharge only to the extent that it has not been imposed by the district. No surcharge may be imposed on vehicles licensed under RCW 46.16.070 except vehicles with an unladen weight of six thousand pounds or less, RCW 46.16.079, 46.16.085, or 46.16.090.

       Counties or investment districts imposing a tax under this section shall contract, before the effective date of the resolution or ordinance imposing a surcharge, administration and collection to the state department of licensing, and department of revenue, as appropriate, which shall deduct an amount, as provided by contract, for administration and collection expenses incurred by the department. All administrative provisions in chapters 82.03, 82.32, and 82.44 RCW shall, insofar as they are applicable to ((state)) motor vehicle excise taxes, be applicable to surcharges imposed under this section. All administrative provisions in chapters 82.03, 82.08, 82.12, and 82.32 RCW shall, insofar as they are applicable to state sales and use taxes, be applicable to surcharges imposed under this section.

       If the tax authorized in RCW 81.100.030 is also imposed ((by the county)), the total proceeds from tax sources imposed under this section and RCW 81.100.030 each year shall not exceed the maximum amount which could be collected under this section.

       Sec. 514. RCW 82.80.030 and 1990 c 42 s 208 are each amended to read as follows:

       DISTRICT AUTHORITY TO IMPOSE PARKING TAX. (1) Subject to the conditions of this section, the legislative authority of a county ((or)), city, or district may fix and impose a parking tax on all persons engaged in a commercial parking business within its respective jurisdiction. The jurisdiction of a county, for purposes of this section, includes only the unincorporated area of the county. The jurisdiction of a city, or district includes only the area within its ((incorporated)) boundaries.

       (2) In lieu of the tax in subsection (1) of this section, a city ((or)), a county in its unincorporated area, or a district may fix and impose a tax for the act or privilege of parking a motor vehicle in a facility operated by a commercial parking business.

       The city ((or)), county, or district may provide that:

       (a) The tax is paid by the operator or owner of the motor vehicle;

       (b) The tax applies to all parking for which a fee is paid, whether paid or leased, including parking supplied with a lease of nonresidential space;

       (c) The tax is collected by the operator of the facility and remitted to the city ((or)), county, or district;

       (d) The tax is a fee per vehicle or is measured by the parking charge;

       (e) The tax rate varies with zoning or location of the facility, the duration of the parking, the time of entry or exit, the type or use of the vehicle, or other reasonable factors; and

       (f) Tax exempt carpools, vehicles with handicapped decals, or government vehicles are exempt from the tax.

       (3) "Commercial parking business" as used in this section, means the ownership, lease, operation, or management of a commercial parking lot in which fees are charged. "Commercial parking lot" means a covered or uncovered area with stalls for the purpose of parking motor vehicles.

       (4) The rate of the tax under subsection (1) of this section may be based either upon gross proceeds or the number of vehicle stalls available for commercial parking use. The rates charged must be uniform for the same class or type of commercial parking business.

       (5) The county ((or)), city, or district levying the tax provided for in subsection (1) or (2) of this section may provide for its payment on a monthly, quarterly, or annual basis. Each local government may develop by ordinance or resolution rules for administering the tax, including provisions for reporting by commercial parking businesses, collection, and enforcement.

       (6) The proceeds of the commercial parking tax fixed and imposed by a city or county under subsection (1) or (2) of this section shall be used strictly for transportation purposes in accordance with RCW 82.80.070. The proceeds of the parking tax imposed by a district must be used as provided in chapter 36.-- RCW (sections 101 through 117, 201, and 501 of this act).

       Sec. 515. RCW 82.80.070 and 1991 c 141 s 4 are each amended to read as follows:

       REQUIRES THAT LOCAL OPTION TAXES IMPOSED BY DISTRICT BE USED FOR DISTRICT PROJECTS. (1) The proceeds collected pursuant to the exercise of the local option authority of RCW 82.80.010, 82.80.020, 82.80.030, and 82.80.050 (hereafter called "local option transportation revenues") shall be used for transportation purposes only, including but not limited to the following: The operation and preservation of roads, streets, and other transportation improvements; new construction, reconstruction, and expansion of city streets, county roads, and state highways and other transportation improvements; development and implementation of public transportation and high-capacity transit improvements and programs; and planning, design, and acquisition of right of way and sites for such transportation purposes. The proceeds collected from excise taxes on the sale, distribution, or use of motor vehicle fuel and special fuel under RCW 82.80.010 shall be used exclusively for "highway purposes" as that term is construed in Article II, section 40 of the state Constitution.

       (2) The local option transportation revenues shall be expended for transportation uses consistent with the adopted transportation and land use plans of the jurisdiction expending the funds and consistent with any applicable and adopted regional transportation plan for metropolitan planning areas.

       (3) Each local government with a population greater than eight thousand that levies or expends local option transportation funds, is also required to develop and adopt a specific transportation program that contains the following elements:

       (a) The program shall identify the geographic boundaries of the entire area or areas within which local option transportation revenues will be levied and expended.

       (b) The program shall be based on an adopted transportation plan for the geographic areas covered and shall identify the proposed operation and construction of transportation improvements and services in the designated plan area intended to be funded in whole or in part by local option transportation revenues and shall identify the annual costs applicable to the program.

       (c) The program shall indicate how the local transportation plan is coordinated with applicable transportation plans for the region and for adjacent jurisdictions.

       (d) The program shall include at least a six-year funding plan, updated annually, identifying the specific public and private sources and amounts of revenue necessary to fund the program. The program shall include a proposed schedule for construction of projects and expenditure of revenues. The funding plan shall consider the additional local tax revenue estimated to be generated by new development within the plan area if all or a portion of the additional revenue is proposed to be earmarked as future appropriations for transportation improvements in the program.

       (4) Local governments with a population greater than eight thousand exercising the authority for local option transportation funds shall periodically review and update their transportation program to ensure that it is consistent with applicable local and regional transportation and land use plans and within the means of estimated public and private revenue available.

       (5) In the case of expenditure for new or expanded transportation facilities, improvements, and services, priorities in the use of local option transportation revenues shall be identified in the transportation program and expenditures shall be made based upon the following criteria, which are stated in descending order of weight to be attributed:

       (a) First, the project serves a multijurisdictional function;

       (b) Second, it is necessitated by existing or reasonably foreseeable congestion;

       (c) Third, it has the greatest person-carrying capacity;

       (d) Fourth, it is partially funded by other government funds, such as from the state transportation improvement board, or by private sector contributions, such as those from the local transportation act, chapter 39.92 RCW; and

       (e) Fifth, it meets such other criteria as the local government determines is appropriate.

       (6) It is the intent of the legislature that as a condition of levying, receiving, and expending local option transportation revenues, no local government agency use the revenues to replace, divert, or loan any revenues currently being used for transportation purposes to nontransportation purposes. The association of Washington cities and the Washington state association of counties, in consultation with the legislative transportation committee, shall study the issue of nondiversion and make recommendations to the legislative transportation committee for language implementing the intent of this section by December 1, 1990.

       (7) Local governments are encouraged to enter into interlocal agreements to jointly develop and adopt with other local governments the transportation programs required by this section for the purpose of accomplishing regional transportation planning and development.

       (8) Local governments may use all or a part of the local option transportation revenues for the amortization of local government general obligation and revenue bonds issued for transportation purposes consistent with the requirements of this section.

       (9) Subsections (1) through (8) of this section do not apply to a regional transportation investment district imposing a tax or fee under the local option authority of this chapter. Proceeds collected under the exercise of local option authority under this chapter by a district must be used in accordance with chapter 36.-- RCW (sections 101 through 117, 201, and 501 of this act). Proceeds collected under RCW 82.80.010 by a district must be used exclusively for "highway purposes," as that term is construed under Article II, section 40 of the Washington state Constitution.

       Sec. 516. RCW 82.80.080 and 1998 c 281 s 2 are each amended to read as follows:

       LOCAL OPTION TAX REVENUE DISTRIBUTION. (1) The state treasurer shall distribute revenues, less authorized deductions, generated by the local option taxes authorized in RCW 82.80.010 and 82.80.020, levied by counties to the levying counties, and cities contained in those counties, based on the relative per capita population. County population for purposes of this section is equal to one and one-half of the unincorporated population of the county. In calculating the distributions, the state treasurer shall use the population estimates prepared by the state office of financial management and shall further calculate the distribution based on information supplied by the departments of licensing and revenue, as appropriate.

       (2) The state treasurer shall distribute revenues, less authorized deductions, generated by the local option taxes authorized in RCW 82.80.010 and 82.80.020 levied by qualifying cities and towns to the levying cities and towns.

       (3) The state treasurer shall distribute to the district revenues, less authorized deductions, generated by the local option taxes under RCW 82.80.010 or fees under section 508 of this act levied by a district.

       NEW SECTION. Sec. 517. A new section is added to chapter 82.80 RCW to read as follows:

       DISTRICT DEFINED FOR LOCAL TAXES. For the purposes of this chapter, "district" means a regional transportation investment district created under chapter 36.-- RCW (sections 101 through 117, 201, and 501 of this act).


VI. OTHER PROVISIONS


       NEW SECTION. Sec. 601. CAPTIONS AND SUBHEADINGS. Captions and subheadings used in this act are not part of the law.

       NEW SECTION. Sec. 602. TERMINATION OF DISTRICTS. Regional transportation investment districts and their powers and duties are terminated on June 30, 2006. However, nothing in this section may be construed as impairing a district created before June 30, 2006, from continuing to collect approved revenues and make payment on projects or debt incurred.

       NEW SECTION. Sec. 603. CODIFICATION. Sections 101 through 117, 201, and 501 of this act constitute a new chapter in Title 36 RCW.

       NEW SECTION. Sec. 604.        SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

       NEW SECTION. Sec. 605. NULL AND VOID. This act is null and void if a transportation revenue act containing new or additional revenue does not become law by December 31, 2002."


MOTION


      Senator Johnson moved that the following amendment by Senators Johnson, Zarelli, Eide and Keiser to the striking amendment be adopted:

       On page 25, strike all of sub (1) to Sec. 509 (lines 12 - 23) and insert the following:

       "LOCAL OPTION VEHICLE LICENSE FEE. (1) Upon approval of a majority of the voters within its boundaries voting on the ballot proposition, a regional transportation investment district may set and impose an annual local option vehicle license fee, or a schedule of fees based upon the age of the vehicle, of up to one hundred dollars per motor vehicle registered within the boundaries of the region on every motor vehicle, as defined in RCW 46.04.320. Vehicles registered under chapter 46.87 RCW and the International Registration Plan are exempt from the annual local option vehicle license fee set forth in this section. The department of licensing shall administer and collect this fee on behalf of regional transportation investment districts and remit this fee to the custody of the state treasurer for monthly distribution under RCW 82.80.080."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Johnson, Zarelli, Eide and Keiser to the striking amendment by Senators McDonald, Horn, Kastama, McDonald, Rasmussen, Benton and Haugen to Second Substitute Senate Bill No. 6140.

      The motion by Senator Johnson carried and the amendment to the striking amendment was adopted.

      The President declared the question before the Senate to be the adoption of the striking amendment, as amended, to Second Substitute Senate Bill No. 6140.

      The motion by Senator McDonald carried and the striking amendment, as amended, was adopted.


MOTION


      On motion of Senator McDonald, the following title amendment was adopted;

       On line 2 of the title, after "districts;" strike the remainder of the title and insert "amending RCW 81.104.140, 47.56.075, 82.14.050, 47.56.075, 81.100.010, 81.100.030, 81.100.060, 82.80.030, 82.80.070, and 82.80.080; reenacting and amending RCW 47.05.021 and 43.84.092; adding a new section to chapter 81.104 RCW; adding a new section to chapter 47.05 RCW; adding a new section to chapter 82.14 RCW; adding a new section to chapter 43.135 RCW; adding a new section to chapter 82.32 RCW; adding new sections to chapter 82.80 RCW; adding a new section to chapter 47.56 RCW; adding a new chapter to Title 36 RCW; and creating new sections."


MOTION


      On motion of Senator McDonald, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6140 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6140.


MOTION


      On motion of Senator Eide, Senator Hargrove was excused.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6140 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 14; Absent, 0; Excused, 4.

     Voting yea: Senators Benton, Carlson, Costa, Eide, Fairley, Gardner, Hale, Haugen, Hewitt, Hochstatter, Horn, Johnson, Kastama, Keiser, Long, McAuliffe, McCaslin, McDonald, Morton, Parlette, Poulsen, Prentice, Rasmussen, Sheahan, Shin, Snyder, Spanel, Swecker, West, Winsley and Zarelli - 31.

     Voting nay: Senators Brown, Franklin, Fraser, Honeyford, Jacobsen, Kline, Kohl-Welles, Oke, Regala, Roach, Sheldon, B., Sheldon, T., Stevens and Thibaudeau - 14.

     Excused: Senators Deccio, Finkbeiner, Hargrove and Rossi - 4.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6140, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      At 12:10 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Monday, January 28, 2002.


BRAD OWEN, President of the Senate


TONY M. COOK, Secretary of the Senate