WSR 16-04-104
[Filed February 2, 2016, 10:48 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: New chapter 36-25 WAC, Standard of good practiceTraffic law enforcement expenditures.
Hearing Location(s): County Road Administration Board (CRABoard), 2404 Chandler Court S.W., Suite 280, Olympia, WA 98504, on April 14, 2016, at 2:00 p.m.
Date of Intended Adoption: April 14, 2016.
Submit Written Comments to: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, e-mail, fax (360) 350-6094, by April 8, 2016.
Assistance for Persons with Disabilities: Contact Karen Pendleton by April 8, 2016, TTY (800) 883-6384 or (360) 753-5989.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The CRABoard finds that adopting this new standard of good practice will define traffic law enforcement expenditures, and help counties comply with the rural arterial program eligibility requirements.
Reasons Supporting Proposal: To support counties by providing a framework for maintaining RAP eligibility as recent state audits have highlighted this as a potential area of concern. Provide the SAO with a consistent basis for review and analysis.
Statutory Authority for Adoption: Chapter 36.78 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: CRABoard, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Derek Pohle, Thurston County, (360) 753-5989; and Enforcement: Jay Weber, Thurston County, (360) 753-5989.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.
January 28, 2016
Jay P. Weber
Executive Director
Chapter  136-25  WAC
WAC 136-25-010 Purpose and authority.
RCW 36.79.140 sets forth the conditions under which counties are eligible to receive funds from the rural arterial trust account (RATA). Chapter 136-150 WAC describes how the RATA provisions will be implemented by the county road administration board. This chapter is specific to WAC 136-150-020, 136-150-021, 136-150-022, and 136-150-030 relating to road levy, road levy diversion, and traffic law enforcement.
WAC 136-25-020 Diversion of road levy funds may only be for traffic law enforcement within unincorporated areas of the county.
To preserve RATA eligibility, road levy funds diverted pursuant to RCW 36.33.220 may only be used for traffic law enforcement within the unincorporated areas of counties, except those counties with a population of less than eight thousand, RCW 36.79.140 and WAC 136.150.030.
WAC 136-25-030 Eligible traffic law enforcement activities on county roads.
For purposes of maintaining RATA eligibility, should the legislative authority vote and budget to divert road levy funds, the following traffic law enforcement activities occurring in unincorporated county areas are the only activities that can be funded by county road levy funds.
(1) Speed limit and other traffic law enforcement;
(2) Collision investigation documenting/reporting;
(3) Oversize vehicle (weight, length, width, and height) enforcement;
(4) Special traffic emphasis patrols;
(5) Facilitating the removal of abandoned vehicles from the county road and rights of way;
(6) Facilitating the removal of roadway and right of way obstructions at the request of the county engineer;
(7) Investigating illegal littering and dumping on county road rights of way;
(8) Sign damage investigation and enforcement;
(9) Road condition enforcement, including mud, water, debris, or spills;
(10) Rights of way encroachment investigation and enforcement at the request of the county engineer;
(11) Maintenance and construction zone traffic enforcement;
(12) Road department vehicle special collision investigation at the request of the county engineer; and
(13) Other activities clearly related to county road law enforcement needs, as mutually agreed upon in writing by the county road engineer and the county sheriff. Disagreements shall be elevated to the county legislative authority.
WAC 136-25-040 Compliance and documentation.
The certification required by WAC 136-150-022 shall be on a form provided by the county road administration board. Each county shall maintain adequate records of annual traffic law enforcement expenditures in such format and detail to demonstrate that the funds were used only for the traffic law enforcement activities set out in WAC 136-25-030.
WAC 136-25-050 Agreements.
The county road administration board shall provide model documents for counties to use to establish agreements (relationships) between the county legislative authority and the county sheriff and between the county road engineer and the county sheriff for the use of county road levy funds for traffic law enforcement. The agreements are discretionary but, if used, should list which activities set out in WAC 136-25-030 are subject to the agreement.