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HomeMy WebLinkAbout08/19/2008 04B Minutes 08-08-2008 Council Rules and Procedures Committee Yakima C ity Council Committee Meeting %Minutes` RULES AND PROCEDURES COMMITTEE Friday, August 8, 2008 2:00 — 3:00 p.m. City Manager's Conference Room, 1 Floor, City Hall Council Members Staff Norm Johnson - Chair Dick Zais, City Manager Neil McClure Dave Zabell, Asst. City Manager Micah Cawley Cynthia Martinez, Acting City Attorney Randy Beehler, Community Relations Mgr. Agenda 1. Request from Tim Eyman for City Council's endorsement of 1 -985 After a short discussion, motion by Cawley second by McClure to not hold a public hearing on 1 -985. Johnson voted to hold a public hearing. Motion carried, the Committee recommends to the council not to hold a public hearing on 1 -985. The meeting adjourned at 2:10 p.m. 4 orm Jo • n Chairman • Re: Neil, I -985 officially certified 1-in, July 17 - when can you schedule city council vote ... rage 1 of to Moore, Debbie From: Zais, Dick Sent: Thursday, July 24, 2008 5:50 PM To: Martinez, Cynthia; Moore, Debbie Subject: FW: Request from Tim Eyman re Council vote on 1 -985? Importance: High Cynthia: We need to discuss this tomorrow. Debbie: Please see me re this. Please verify which Council Committee this will need to be referred to. Dick From: Tim Eyman [ mailto :tim @permanent-offense.org] Sent: Thursday, July 24, 2008 9:44 AM To: Zais, Dick Cc: McClure, Neil; Cawley, Micah; Ensey, Rick; Lover, Bill; Johnson, Norm; Edler, Dave; mike.leita @co.yakima.wa.us; rand.elliott@co.yakima.wa.us; ronald.gamache@co.yakima.wa.us; ross.charles@leg.wa.gov; king.curtis @leg.wa.gov; skinner.mary@leg.wa.gov Subject: Dick, when is soonest the Council can vote on I -985? • Per Councilman McClure (see below), now that 1-985 is officially certified for the ballot, as co-sponsor of the measure I officially request that the Yakima City Council vote to endorse our initiative - a presentation has already been made to the Transportation Committee on the policies of the initiative. When is the soonest the Council can schedule a vote on 1-985, preferably in early August? 1-985 mandates that every city and county . synchronize their traffic lights on heavily - traveled arterials and streets and provides all the funding necessary to fulfill that requirement, as well as professional oversight and expertise by State Auditor Brian Sonntag: In wonky terms; synchronized traffic fights are a fully funded mandate on local governments - I want to make sure that the city of Yakima is first in line in Olympia next session to receive funding to implement I -985's policies. Regards, Tim Eyman, ph: 425 -493 - 9127, email: tunnpermanent- offense.org I believe it takes a formal request to the City Manager to get the proccess started. So I "d say send a letter with such a request so that no time is wasted. Talk to you soon. Neil. Original Message From: Tim Eyman <tim @permanent - offense.org> To: McClure, Neil; Cawley, Micah; Ensey, Rick; Lover, Bill; Johnson, Norm; Edler, Dave CC: mike.leita@co.yakima.wa.us <mike.leita@co.yakima.wa.us>; rand.elliott@co.yakinaa.wa.us <rand.elliott@co.yakima.wa.us>; III ronald.gamache @co.yakima.wa.us < ronald .gamache @co.yakima.wa.us>; ross.charles@leg.wa.gov <ross.charles@leg.wa.gov >; king.curtis@leg.wa.gov 8/6/2008 Re: Neil, I -985 officially certified Fri, July 17 - when can you schedule city council vote ... Page 2 of 6 <king.curtis @leg.wa.gov >; skinner.mary@leg.wa.gov <skinner.mary@leg.wa.gov> 40 Sent: Mon Jul 21 08:06:15 2008 Subject: Neil, I -985 officially certified Fri, July 17 - when can you schedule city council vote on it? Let me know what works for the council, preferably early August. Thanks. Eyman's transportation initiative makes the ballot, By KOMO Staff <mailto:WebTeam@komo4news.com> , July 17th, 2008, http://www.komonews.cominews/25636659.html <http://www.komonews.cominews/25636659.html> Regards, Tim Eyman, ph: 425- 493 -9127, email: tim @permanent - offense.org From: Tim Eyman [mailto:tim @permanent- offense.org] Sent: Monday, July 14, 2008 11:53 AM To: 'neil_mcclure @ci.yakima.wa.us'; 'micah_cawley @ci.yakima.wa.us'; 'rick_ensey@ci.yakima.wa.us'; 'bill_lover@ci.yakima wa.us'; 'norm_johnson@ci.yakima.wa.us'; 'dave_edler@ci.yakima.wa.us' Cc: ' mike. leita @co.yakima.wa.us';'rand.elliott @co.yakima.wa.us'; rnald.gamache@co.yakima.wa.us'; 'ross.charles@leg.wa.gov'; 'king.curtis@leg.wa.gov'; 'skinner: mary@leg.wa.gov' Subject: Neil, please schedule Yakima City Council endorsement vote on I -985 July 14, 2008 To: Yakima city council member Neil McClure cc: Yakima city council members Micah Cawley, Rick Ensey, Bill Lover, Kathy Coffey, Norm Johnson, and Mayor Dave Edler cc: Yakima county commissioners Mike Leita, Rand Elliott and Ronald Gamache cc: Yakima's state legislators Charles Ross, Curtis King, and Mary Skinner bcc: All Yakima media outlets (newspapers, TV, radio) bcc: All media outlets throughout the state (newspapers, TV, radio), House & Senate members, Governor From: Tim Eyman, co- sponsor of I -985, ph: 425 -493 -9127, cell: 509 -991 -5295, email: tim_eyman @comcast.net 8/6/2008 Re: Neil, I - 985 officially certified Fri, July 17 - when can you schedule city council vote ... Page 3 of 6 RE: Neil, please schedule Yakima City Council endorsement vote on I -985 I thought it was a very productive exchange during my 27th presentation before • � �y P hang wring Y � P your transportation committee (as well as with the County Commissioners earlier that day). It was an excellent give- and -take. Now that we've turned in over 300,000 voter signatures to the Secretary of State (it required 224,880 signatures), I -985 is assured a place on the November ballot We should get official word from the Secretary of State of its qualification by early August. Is there a day in mid- August when the full council would take up my request for an endorsement of I -985 by the Yakima City Council? Attached are the highlights of I -985 and here is a link to its complete text: http://www.secstate.wa.govielections/initiatives/text/i985.pdf And I'm hopeful that there will be an opportunity, prior to the endorsement vote, to address the full council and answer any questions they may have. I firmly believe that the policies in 1 -985 will not only benefit the citizens of Yakima but also the city and county governments of Yakima. As councilman McClure highlighted, total annual spending by state and local governments to synchronize traffic lights throughout our state is $70 million per year. I -985's dedicated fund will nearly triple that amount. The initiative empowers the State Auditor to handle all the engineering and study necessary to optimize traffic flow. Not a penny of city funds will be expended — it will be 100% paid for by the new state account. Our initiatives have consistently earned substantial support from the voters in Yakima 410 and I'm hopeful that your city council will represent your constituents in your endorsement vote. Please let me know what day works for you. Thanks for your help on this, Neil. Regards, Tim Eyman, co- sponsor of I -985 P.S. For some background, reprinted below are some earlier emails concerning the May 27th presentation on I -985 -- note especially the bold -faced portions. May 23, 2008 To: Yakima City Council members To: Yakima County commissioners From: Tim Eyman, 1-985 co- sponsor, ph: 425- 493 - 9127, email: tim_eyman @comcast.net, www.ReduceCongestion.org < http : / /www.reducecongestion.org/> bcc: Yakima media outlets (newspapers, radio, TV) RE: On Tues, Eyman will give I -985 presentation to Yakima city council and Yakima county commissioners Thank you again for allowing me this opportunity. Pll be presenting to the county 8/6/2008 Re: Neil, I -985 officially certified Fri, July 17 - when can you schedule city council vote ... Page 4 of 6 commissioners at 10 am for roughly 30 minutes (Yakima County Courthouse, 128 N 2nd St, ® Room B -33, Commissioners Hearing Room). At 1 pm, the city council will hear from me during a special meeting of their transportation committee, also likely to last 30 minutes. I sincerely appreciate this 'two-fer' opportunity since I'm traveling over from Mukilteo for the day and will return the same day (my youngest son has a baseball game that evening). The goal of my presentations will be to inform you on the details of I -985 and answer questions - - an endorsement from the city council will not be pursued until I -985 qualifies for the ballot (deadline is July 3rd). I'm really looking forward to meeting with all of you and discussing in depth the policies and possibilities offered by this year's initiative. In 10 years of doing initiatives, this will be the first time I've ever made an effort to earn the support of a government for one of our initiatives — we've consistently received the support of the people, but with elected officials, it's been a rough road. I'm hoping to change that with Initiative 985 and its policies and funding for local transportation improvements. Finally, I offer special thanks and appreciation to Commissioner Mike Leita and Councilman Neil McClure for their kind willingness to schedule these special presentations. Their leadership and their openness to new ideas is appreciated. Regards, Tim Eyman, ph: 425- 493 - 9127, email: time permanent- offense.org P.S. For the benefit of the media, I have included some earlier emails to provide a little more context and information. that's fantastic, Neil. I really want to make sure that Yakima is 'first in line' in Olympia to secure the funding for this. would like to have your committee make some initial contacts with the state auditor's office, identifying which major streets and arterials in Yakima would benefit the most from synchronizing the traffic lights. the initiative empowers the state auditor to handle all the engineering and study necessary to optimize traffic flow. again, not a penny of city funds will be expended -- it will be 100% paid for by the new state account. very exciting stuff. As we'll do with the Yakima's County Commissioners, I request the chance for a public discussion about I -985's policies where I can provide information to your committee and answer questions. As stated earlier, I want to make sure you avail yourselves of the funding opportunities provided by I -985 and ensure you're first in line at the 2009 legislative session. Is there any way to schedule a hearing with the Transportation and Transit committee of the Yakima City Council on an upcoming Tuesday so that I could present to the County Council at 10 am and your committee later that same day? Sure would appreciate the chance to address both legislative bodies on the same day, if at all possible. 8/6/2008 Re: Neil, I -985 officially certified Fri, July 17 - when can you schedule city council vote ... Page 5 of 6 I'm certain it will be a fruitful discussion and very informative. The details of I -985 will be very well received by voters (as usual) but also with local officials once the policies are full) understood. I look forward to meeting with and speaking with all of you at the earliest possible convenience. Regards, Tim Eyman From: McClure, Neil [ mailto :nmcclure @ci.yakima.wa.us] Sent: Wednesday, April 23, 2008 5:29 PM To: tim_eyman @comcast.net; Cawley, Micah Cc: Ensey, Rick Subject: Re: Sure would appreciate hearing back from all of you on this Hello Tim, It would be fine with me to schedule a esentation on 1-985 to the transportation committee. PI' Po Maybe in May. Find out what day works fot the County and then we can schedule on that day. I will check to see what our regularly scheduled meeting day is so that we can get close if possible. I'll get back to you. Neil From: Mike Leita [ mailto :Mike.Leita @co.yakima.wa.us < mailto :Mike.Leita @co.yakima.wa.us> ] Sent: Thursday, April 10, 2008 9:55 AM To: Tim Eyman Subject: RE: Mike, I'll be traveling over to address the city council Tim, You are very welcome to make a presentation to the commissioners at one of our public business agendas held every Tuesday at 10:00 a.m. during our public comment time. This issue is of importance to our community and therefore appropriate to be shared in our agenda 8/6/2008 Re: Neil, I -985 officially certified Fri, July 17 - when can you schedule city council vote ... Page 6 of 6 fa) meeting. Again, however, the BOCC will not take a formal position for reasons already explained. Please let me know when you would like to make your presentation so there will be adequate media attention. Although I am sure you may already have that under control. I personally applaud your efforts. Thanks, Mike Leita County Commissioner "Keep your face in the sunshine and you cannot see the shadow" 8/6/2008 Moore, Debbie From: Zais, Dick Sent: Monday, April 07, 2008 2:29 PM To: Claar, Sonya; Beehler, Randy; Moore, Debbie; Cook, Bill; Zabell, Dave; Waarvick, Chris Cc: Paolella, Ray Subject: FW: We ask Yakima's city council & county council to endorse 1 -985 Importance: High In accordance with the Council's recent direction on ballot measures this will need to be on the next Council Rules and Procedures Committee Agenda. We will want a full technical and fiscal impact assessment of this bill from AWC and others to give to the committee on this Initiative for the Committee's packet. Dick Original Message From: Cawley, Micah Sent: Monday, April 07, 2008 1:18 PM To: Zais, Dick; Zabell, Dave Subject: Fw: We ask Yakima's city council & county council to endorse I -985 Original Message From: Tim Eyman <tim @permanent - offense.org> To: Edler, Dave; McClure, Neil; Whitman, Susan; Johnson, Norm; Cawley, Micah; Lover, B ; Ensey, Rick; Coffey, Kathy CC: ronald.gamache @co.yakima.wa.us <ronald.gamache @co.yakima.wa.us >; rand.elliott @co.yakima.wa.us <rand.elliott @co.yakima.wa.us >; mike.leita @co.yakima.wa.us <mike.leita @co.yakima.wa.us> Sent: Mon Apr 07 13:15:44 2008 Subject: We ask Yakima's city council & county council to endorse I -985 April 7, 2008 To: Dave Edler, Mayor of Yakima To: Yakima city council members -- Neil McClure, Susan Whitman, Norm Johnson, Micah Cawley, Bill Lover, Rick Ensey, & Kathy Coffey To: Yakima county commissioners -- Mike Leita, Rand Elliott, & Ron Gamache cc: Yakima's state legislators Charles Ross, Curtis King, & Mary Skinner and bcc: All local and statewide media outlets, House & Senate members, Governor cc: Our thousands of supporters throughout the state From: Tim Eyman, Jack Fagan, & Mike Fagan, Initiative 985 co- sponsors, ph: 425 - 493 -9127, email: tim eyman @comcast.net, http: / /www.ReduceCongestion.org We ask Yakima's city council & county council to endorse I -985. Here is the initiative's text -- http: / /www.secstate.wa.gov /elections /initiatives /text /i985.pdf I -985 accomplishes the following goals: • illustrates the public's support for making reducing traffic congestion a top transportation priority • opens up carpool lanes to everyone during non -peak hours. • requires local governments to synchronize traffic lights on heavily - traveled arterials and streets • clears out accidents faster with expanded emergency roadside assistance • uses a portion of vehicle sales tax revenue for these policies 1 • removes the profit motive for red light cameras • replaces the percentage spent on public art to instead go toward reducing congestion ID institutes critical taxpayer protections on future tolls; and empowers the State Auditor to monitor the implementation of the initiative's policies to ensure compliance. We've not sought the support of governmental entities for our initiatives before. But there are two reasons that have prompted us to try this year with Initiative 985: 1) Our initiative dedicates more state funds toward local transportation projects, something local governments have been asking Olympia to do for years 2) The Yakima City Council's recent endorsement of endorsing (Yakima City Council endorses endorsing, By CHRIS BRISTOL, YAKIMA HERALD- REPUBLIC, 4/2/08) As you know, our initiatives consistently receive overwhelmingly support from voters statewide, but they earn a particularly high level of support in Yakima. We feel strongly that the policies contained in Initiative 985 will not only be well- received by voters, but also by local government officials. I'd like the chance to address your city council and county council at a public hearing to answer your questions, to explain more fully the policies in I -985, and to formerly request your councils' endorsements. We look forward to hearing from both the city council and county council soon concerning this endorsement request. Thank you for your consideration. Regards, Tim Eyman, Jack Fagan, & Mike Fagan, Initiative 985 co- sponsors, ph: 425- 493 -9127, email: tim_eyman@comcast.net •.S. We're confident that all of you take your responsibilities seriously and will look jectively at I -985's policies and make a judgement based on its merits. Given the sitive public policies offered by I -985, we have every confidence we can work together to earn your councils' support. We look forward to reinforcing what was said in this recent news story: Yakima crowd sees eye- to -Eyman Initiative activist joins GOP politicians in celebrating Legislature's property tax action By PAT MUIR, YAKIMA HERALD - REPUBLIC Published on Wednesday, December 5, 2007 Anti -tax activist Tim Eyman was practically glowing Tuesday, ringed by political allies and media types in his Yakima hometown. The initiative guru and hero of small - government conservatives was in his element -- denouncing Democrats and celebrating last week's reinstatement of his property tax cap in front of a friendly crowd at Russillo's Pizza downtown. "If every elected official in the state of Washington was like you guys, we wouldn't have a problem," Eyman beamed to a table that included all three Yakima County commissioners, two members of the Yakima City Council, the county treasurer, county assessor and 14th District state Rep. Charles Ross, R- Naches. Eyman's initiative - enacted 1 percent cap on property tax increases was thrown out by the state Supreme Court early last month, but the Legislature reinstated it in a one -day session Thursday. Though the cap's reinstatement won overwhelming support from both parties, Eyman slammed Democrats for not addressing the prospect of "banked" taxing capacity that cities and other taxing districts could still use to raise taxes. is banking authority, which state law has allowed for the past two decades, refers to e difference between what a taxing district actually collected and what it could have collected. He called Republicans, including Ross, heroic for their attempts to close that loophole. 2 "And I don't use the word often," said Eyman, a graduate of West Valley High School. He then used it several more times throughout the hourlong meeting. "Heroic is the word that kept reverberating in my .brain as I was driving over here," hIII/1 said. At one point, discussing the potential problems in implementing a Democratic- backed tax deferral program for homeowners, Yakima County commissioners Chairman Mike Leita asked Eyman how to "put the logic back in Olympia." "You guys gotta move to Olympia," Eyman replied with a hearty laugh. The lovefest went on despite the fact the 1 percent cap, passed by voters in 2001, has often been blamed for local government budget woes. "We have to live within our means," said Leita, whose 2008 county budget includes job cuts. "And we work for the taxpayers. If they want 1 percent (as a cap), we'll have to deal with it." * Pat Muir can be reached at 577 -7693 or pmuir @yakimaherald.com. -- END -- 3 Initiative Measure No. 985 Red JAN 14 200810 Reduc eC:onge s t l oll . org 81/cretarY of State Reduce Traffic Congestion Initiative Complete Text AN ACT Relating to reducing traffic congestion on public highways, freeways, streets, and roads; amending RCW 46.61.165, 47.66.090, 47.56.403, 82.08.020, 43.17.200, 43.46.090, 47.56.030, 47.56.160, and 47.56.170; reenacting and amending RCW 46.63.110; adding a new section to chapter 35.21 RCW; adding a new section to chapter 36.01 RCW; adding a new section to chapter 47.01 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 46.68 RCW; creating new sections; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON: POLICIES AND PURPOSES flil NEW SECTION. Sec. 1. During these tough economic times, the people deserve a common sense proposal to reduce traffic congestion by implementing basic congestion relief strategies and improving Washington's transportation system with better use of existing public resources. In 2005, the voters of Washington overwhelmingly approved Initiative 900 granting the state auditor the power to conduct independent, comprehensive performance audits of state and local governments. The auditor was hired by the people to determine ways for government to deliver services as effectively and efficiently as possible. Through extensive outreach with citizens, including focus groups and town hall meetings, in 2006, the state auditor learned that eighty percent of citizens said reducing traffic congestion is their number one transportation priority. Traffic congestion incurs incredible costs to citizens, businesses and government; it is an important aspect of transportation and is an indicator of how well the state's transportation system is working. Reducing traffic congestion means minimizing vehicle trip delays, the amount of time Electronic Transmittal 1 I- 1866.1 it takes a vehicle to get from point A to point B. So the state • auditor contracted with the prestigious auditing firm of Talbot, 410 Korvola and Warwick, LLP who. brought years of experience in performance auditing. They hired subject- matter experts with internationally recognized experience in traffic and congestion management. Members of the audit team had more than two hundred years' of cumulative experience auditing transportation systems. In 'October 2007, the state auditor released the results of their independent performance audit report `Managing and Reducing Congestion.° Their number one finding was that traffic congestion relief is not a top priority of the department of transportation so the audit's fundamental recommendation was: *Commit to congestion management and reduction as a primary goal.' The anger, defensiveness, and condescending dismissal of the report by the department of transportation, the legislature, and the governor was swift and resolute. The new head of the department of transportation rejected the recommendations on the day they were released. House of representatives and senate transportation committees refused to acknowledge the report or even hold a public hearing as required 4110 under Initiative 900. At the public hearing held by an unaffiliated legislative committee, legislators lashed out at the state auditor for even broaching the topic. The governor's chief of staff said citizens do not understand transportation and simply take for granted what government does. Legislators quoted from statutes that no longer existed to defend the status quo. Some promised legislative retribution on the state auditor and interference in future audits, which is illegal under Initiative 900. The state auditor identified and retained internationally recognized experts in state, federal and international transportation issues. Their recommendations are crystal clear. This act provides voters with the opportunity to implement the strategies recommended in the report that will have, an immediate impact on reducing traffic congestion using existing infrastructure and resources. Upon its approval by the voters, it is incumbent upon the. department of transportation, the legislature, and the governor to listen to the people and make traffic congestion management and reduction the primary goal of transportation. As State Auditor Brian Sonntag says in his accompanying letter to the report: *Citizens have identified congestion as a priority, and 4111 therefore, so must the Department (of Transportation) and the Electronic Transmittal 2 I- 1866.1 • Legislature." It is clear from the establishment's reaction to this . transportation performance audit that the only way for voters to change the attitude of those in power is to approve this act. This measure would open carpool lanes during non -peak hours, require synchronization of traffic lights on heavily - traveled arterials and streets, increase funding for emergency roadside assistance, and dedicate a portion of existing vehicle- related revenue for these purposes. . The intent of sections 2 and 3 of this act: We all pay taxes for our carpool lanes, so everyone should be allowed to use them at least some of the time. This act strikes a reasonable balance by allowing our carpool lanes to be open to everyone during non -peak hours, meaning midday and evenings on weekdays and all day and all night on weekends. Existing road capacity must be utilized to maximize its effectiveness. How can we increase road capacity and reduce traffic congestion on our most congested highways and roadways without spending billions of dollars? By opening our carpool lanes to everyone during non -peak hours. This will quickly, significantly, and cost - effectively relieve traffic congestion and increase traffic flow on our most congested highways and roadways and illustrate that increased road capacity results in reduced traffic congestion. These III sections do not create or impose new tolls on carpool lanes; but if tolls or charges are imposed on carpool lanes, then these sections ensure that the toll revenue is used to reduce traffic congestion. The intent of sections 4 and 15(1)(b) of this act: due to the voters' approval of Initiative 960 in 2007, any tolls or charges must be decided and approved by a simple- majority vote of the Legislature, not unilaterally imposed by unelected bureaucrats on the transportation commission. Such decisions are too important and too impactful to be made by anyone other than our elected representatives. The intent of sections 5 and 6 of this act: To increase traffic flow and reduce traffic congestion, each city must synchronize the traffic signals on heavily - traveled arterials and streets within its jurisdiction. Heavily - traveled arterials and streets include routes of regional and local significance and include major and secondary arterials and streets. For heavily- traveled arterials and streets outside of a city, the county must synchronize the traffic signals. For heavily - traveled arterials and streets that are the Electronic Transmittal 3 I- 1866.1 responsibility of the state or other local government, it is the responsibility of the state or other local government to synchronize the traffic signals. What is the use of having a top -notch Medic One system if it simply gets stuck in traffic? Synchronizing traffic lights ensures increased traffic flow, reduced traffic congestion, and better safety. Transferring goods to and from our ports, and other freight mobility necessities, are hampered by stop - and -go traffic at successive traffic lights. Reducing traffic congestion and increasing traffic flow is critical for freight mobility. Synchronization of traffic signals is a coordinated set of timing plans for a group of signals on arterials and streets used to facilitate smooth traffic flow. The objective of synchronizing traffic signals is to allow progression through arterials and streets with the fewest stops at intersections, while minimizing delay for the side street. Synchronizing traffic lights creates more uniform speeds along streets, increases traffic flow, reduces time delays at intersections, and creates opportunities for traffic from side streets to safely enter a main street. This act helps cities, counties, and other governments fund these improvements. The intent of section 7 of this act: Traffic accidents and III other temporary obstructions greatly hinder the smooth flow of traffic and must be responded to and cleared as quickly as possible. This involves coordination, communication, equipment, and manpower. A blocked highway or roadway can result in miles of backups and long delays. A large portion of all traffic congestion is caused by collisions, disabled vehicles, spills, and other events that impede the normal flow of traffic. An initial incident has the potential for creating secondary incidents such as vehicles running out of fuel or overheating, or collisions that occur from lane changing and rapid braking in the initial incident's traffic backup. The quicker the initial incident is cleared, the less time motorists and response personnel are exposed to traffic hazards and the possibility of a secondary collision. The Washington state department of transportation and other government entities and contracted companies, including tow truck operators, must expeditiously assist in the safe, prudent, and quick removal of vehicles and other debris involved in traffic accidents or other temporary obstructions. The people want the roads cleared and drivers helped as quickly as possible to reduce traffic congestion and restore the normal flow of Electronic Transmittal 4 I- 1866.1 traffic. This act provides increased funding for these programs. We need to fix what we already have using the taxes we're already paying. Taxpayers can't afford to pay for the mega - platinum 41, option for every mega - project, especially when it's simply to satisfy the aesthetic preferences of Seattle's elite. A perfect example is the decade of debate over the Alaska Way viaduct (Highway 99), a major north -south state highway that everyone is paying for. The people want practical, pragmatic solutions that will reduce traffic congestion, not make it worse. Government too often has a knee -jerk reaction: If their pick -up truck gets a flat tire, rather than repairing the tire, they instead replace the pick -up with a Mercedes. The people want a solution that reduces traffic congestion for the thousands of vehicles that travel over state . highways every day, but at a minimum, it shouldn't be made worse. Taxpayers are already paying billions of dollars in taxes and they expect and demand improvements now, rather than promises of "less bad" decades from now. Taxpayers want transparency and accountability with the focus on solving the problem rather than using the problem to leverage the public to swallow yet another tax increase. It is way past time for the people to get something in return for the taxes they're already 4110 paying. The intent of sections 8 and 9 of this act: In order to reduce traffic congestion, it is essential that existing vehicle taxes be spent on this critical priority. Vehicle purchases generate approximately $850 million per year in state tax revenue and using 15% of those revenues to reduce traffic congestion is reasonable and prudent. People who purchase vehicles want their taxes to go toward reducing traffic congestion on our roads, streets, . and highways at the state and local level. The intent of section 11 of this act: To provide additional revenue for the policy requirements of this act, moneys collected from fines and civil penalties from red light traffic cameras shall be used to reduce traffic congestion and increase traffic flow. The intent of sections 12 through 14 of this act: To provide additional revenue for the policy requirements of this act, any transportation- related public works project shall not be required to spend a percentage of its funds on purchases of art, instead a percentage will . be dedicated to reducing traffic congestion. Taxpayers don't have bottomless wallets so every dollar possible must Electronic Transmittal 5 1- 1866.1 go toward the people's top priority: reducing traffic congestion. The intent of sections 15 through 17 of this act: These 4110 sections do not create or impose new tolls; but if tolls or charges are imposed, then these sections ensure taxpayers are protected. There has been talk of simply charging people extra just to drive on existing highways, freeways, roads, and streets, including adding global positioning system (GPS) devices or transponders to vehicles or other methods to collect revenue. If citizens are double- taxed, then any tolls or charges will be used to reduce traffic congestion. Year after year, Washington voters have repeatedly rejected the business -as- usual, the- only - solution -is -a -tax- increase mentality. During these tough economic times, the people deserve a common sense proposal to reduce traffic congestion and increase traffic flow by implementing basic traffic congestion relief strategies and improving Washington's transportation system with better use of existing public resources. Reduced traffic congestion ensures a growing,. thriving economy that is essential in generating the tax revenue necessary to fund government services. 4111 This measure will make travel times faster immediately on our h ighways and roadways, reduce traffic congestion, increase traffic flow, increase safety and freight mobility, and result in fewer vehicles idling thus decreasing carbon emissions, all by maximizing the use of existing public resources. OPENS CARPOOL LANES TO EVERYONE DURING NON - PEAR HOURS Sec. 2. RCW 46.61.165 and 1999 c 206 s 1 are each amended to read as follows: The state department of transportation and the local authorities are authorized, subject to the requirements in this section, to reserve all or any portion of any highway under their respective jurisdictions as carpool lanes, including any designated lane or ramp, for the exclusive or preferential use of public transportation vehicles or private motor vehicles carrying no fewer than a specified number of passengers when ((suck)) the limitation will increase the efficient utilization of the highway or will aid in the conservation of energy resources. Regulations authorizing ((3uch)) exclusive or 4110 preferential use of a highway facility ((may bc dcclarcd to bc)) are Electronic Transmittal 6 I- 1866.1 effective ((at all timc3 or)) only at the specified times of day ((e*)) and on the specified days designated in this section. In order to reduce traffic congestion, existing road capacity must be utilized to maximize its effectiveness. On and after December 4, 2008, all carpool lanes shall be opened during non -peak hours for use by all traffic otherwise lawfully abiding by the rules of the road of this state, including RCW 46.61.100. This policy shall be in effect for any carpool lane in effect on January 1, 2008, and for any new or expanded carpool lanes designated after January 1, 2008, on any highway, freeway, or roadway in the state. Electronic and nonelectronic signage must be substantially updated and expanded to ensure that drivers are fully alerted to the policies required under this section. For the purposes of this section: (1) "Carpool lanes" are high - occupancy vehicle lanes, including express lanes, lanes like those established under RCW 47.56.403, off - ramp bypass lanes, and on -ramp bypass lanes on any highway, freeway, or roadway in the state. (2) "Non -peak hours" mean midday on weekdays, evenings on weekdays, and all day and all night on weekends. (a) °Midday on weekdays° is between the hours of 9:00 a.m. and 3:00 p.m. on Monday through Friday; (b) "Evenings on weekdays" are between the hours of 6:00 p.m. and 6:00 a.m. on Monday through Thursday; (c) "All day and all night on weekends" is between the hours of 6:00 p.m. on Friday and 6:00 a.m. on Monday; (d) "Peak hours" are between the hours of 6:00 a.m. and 9:00 a.m. and 3:00 p.m. and 6:00 p.m. on Monday through Friday. (3) During hours not specified as non -peak hours under this section, the use of carpool lanes by a motor vehicle is limited to those carrying two or more persons, except in the case of a motorcycle, which may use a carpool lane if carrying one or more persons. (4) A governmental entity, authority, or agency shall not avoid the requirements of this section by redesignating a carpool lane as another name or designation. (5) To reduce traffic congestion by encouraging traffic to use carpool lanes during non -peak hours, a toll may not be charged on any vehicle in a high- occupancy toll lane under RCW 47.56.403 during non- III Electronic Transmittal 7 I- 1866.1 peak hours, and any tolls or charges imposed and collected for such lanes during peak hours which exceeds the costs identified in section 3 of this act must be deposited in the Reduce Traffic Congestion Account created in section 10 of this act. This section does not restrict the operation of RCW 46.44.080, 46.61.100, or 46.61.135, thus continuing restricted truck usage of city streets. Violation of a restriction of highway usage prescribed by the appropriate authority under this section is a traffic infraction. Sec. 3. RCW 47.66.090 and 2005 c 312 s 4 are each amended to read as follows: The high - occupancy toll lanes operations account is created in the state treasury. The department shall deposit ((all)) only those revenues received by the department as toll charges collected from high- occupancy toll lane users that are necessary to cover the costs of construction and operation of the toll lanes. Moneys in this account may be spent only if appropriated by the legislature. thc corridor.)) All toll charge revenues exceeding these costs shall be dedicated to reducing traffic congestion and be deposited in the Reduce Traffic Congestion Account created in section 10 of this act. Sec. 4. RCW 47.56.403 and 2005 c 312 s 3 are each amended to read as follows: (1) The department may provide, subject to the requirements of RCW 46.61.165, 47.66.090, and any other applicable law, for the establishment, construction, and operation of a pilot project of high - occupancy toll lanes on state route 167 high- occupancy vehicle lanes within King county. The department may issue, buy, and redeem 4110 bonds, and deposit and expend them; secure and remit financial and Electronic Transmittal 8 I- 1866.1 other assistance in the construction of high - occupancy toll lanes, carry insurance, and handle any other matters pertaining to the high- occupancy toll lane pilot project. (2) Tolls for high - occupancy toll lanes will be established as follows: (a) The schedule of toll charges for high- occupancy toll lanes must be established by the transportation commission and collected in a manner determined by the commission. (b) Toll charges shall not be assessed on transit buses and vanpool vehicles owned or operated by any public agency. (c) The department shall establish performance standards for the state route 167 high - occupancy toll lane pilot project. The department must automatically adjust the toll charge, using dynamic tolling, to ensure that toll - paying single - occupant vehicle users are only permitted to enter the lane to the extent that average vehicle speeds in the lane remain above forty -five miles per hour at least ninety percent of the time during peak hours as defined in RCW 46.61.165. The toll charge may vary in amount by time of day, level of traffic congestion within the highway facility, vehicle occupancy, or other criteria, as the commission may deem appropriate. The commission may also vary toll charges for single- occupant inherently' low- emission vehicles such as those powered by electric batteries, natural gas, propane, or other clean burning fuels. (d) The commission shall periodically review the toll charges to determine if the toll charges are effectively maintaining travel time, speed, and reliability on the highway facilities. (3) The department shall monitor the state route 167 high - occupancy toll lane pilot project and shall annually report to the transportation commission and the legislature on operations and findings. At a minimum, the department shall provide facility use data and review the impacts on: (a) Freeway efficiency and safety; (b) Effectiveness for transit; (c) Person and vehicle movements by mode; (d) Ability to finance improvements and transportation services through tolls; and (e) The impacts on all highway users. The department shall analyze aggregate use data and conduct, as needed, separate surveys to assess usage of the facility in relation to geographic, Electronic Transmittal 9 I- 1866.1 socioeconomic, and demographic information within the corridor in order to ascertain actual and perceived questions of equitable use of the facility. (4) The department shall modify the pilot project to address identified safety issues and mitigate negative impacts to high - occupancy vehicle lane users. • (5) Authorization to impose high - occupancy vehicle tolls for the state route 167 high - occupancy toll pilot project expires if either of the following two conditions apply: . (a) If no contracts have been let by the department to begin construction of the toll facilities associated with this pilot project within four years of July 24, 2005; or (b) Four years after toll collection begins under this section. (6) The department of transportation shall adopt rules that allow automatic vehicle identification transponders used for electronic toil collection to be compatible with other electronic payment devices or transponders from the Washington state ferry system, other public transportation systems, or other toll collection systems to the extent that technology permits. (7) The conversion of a single existing high - occupancy vehicle lane to a high - occupancy toll lane as proposed for SR -167 must be taken as the exception for this pilot project. (8) A violation of the lane restrictions applicable to the high - occupancy toll lanes established under this section is a traffic infraction. (9) Procurement activity associated with this pilot project shall be open and competitive in accordance with chapter 39.29 RCW. REQUIRES SYNCHRONIZATION OF TRAFFIC LIGHTS DM HEAVILY- TRAVELED ARTERIALS 'AND STREETS NEW SECTION. Sec. 5. A new section is added to chapter 35.21 RCW to read as follows: (1) To reduce traffic congestion and increase traffic flow, each city must synchronize the traffic lights on heavily- traveled arterials and streets within its jurisdiction to optimize traffic flow. Heavily- traveled arterials and streets include routes" of regional and local significance and include major and secondary arterials as defined in RCW 35.78.010. For heavily- traveled Electronic Transmittal 10 I- 1666.1 arterials and streets outside of a city, the county must synchronize the traffic lights to optimize traffic flow. For heavily - traveled arterials and streets that are the responsibility of the state or other local government, the state or other local government must synchronize the arterials' and streets' traffic lights to optimize traffic flow. Cities, counties, and other governments must cooperate and coordinate their efforts in implementing this traffic light synchronization mandate. Funding shall be allocated from the dedicated revenue in the Reduce Traffic Congestion Account created in section 10 of this act to assist efforts after January 1, 2008 by cities, counties, and other governments to synchronize traffic lights to optimize traffic flow and reduce traffic congestion. (2) The state auditor shall identify and establish performance benchmarks using best practices for traffic light synchronization to optimize traffic flow under this section. The state auditor shall investigate and track local governments' progress on these benchmarks and shall provide information on such progress and other relevant information to the public on a regular basis. NEW SECTION. Sec. 6. A new section is added to chapter 36.01 RCW to read as follows: 4 1/ 1 (1) To reduce traffic congestion and increase traffic flow, each county must synchronize the traffic lights on heavily - traveled arterials and streets within its jurisdiction to optimize traffic flow. Heavily - traveled arterials and streets include routes of regional and local significance and include major and secondary arterials as defined in RCW 35.78.010. For heavily - traveled arterials and streets in an incorporated city or town, the city or town must synchronize the traffic lights to optimize traffic flow. For heavily - traveled arterials and streets that are the responsibility of the state or other government entity, the state or other government entity must synchronize the traffic lights to optimize traffic flow. Cities, counties, and other governments must cooperate and coordinate their efforts in implementing this traffic light synchronization mandate. Funding shall be allocated from the dedicated revenue in the Reduce Traffic Congestion Account created in section 10 of this act to assist efforts after January 1, 2008 by cities, counties, and other local governments to synchronize traffic lights to optimize traffic flow and reduce traffic congestion. Electronic Transmittal 11 I- 1866.1 (2) The state auditor shall identify and establish performance benchmarks using best practices for traffic light synchronization to optimize traffic flow under this section. The state auditor shall investigate and track local governments' progress on these benchmarks and shall provide information on such progress and other relevant information to the public on a regular basis. INCREASES FUNDING FOR EMERGENCY ROADSIDE ASSISTANCE NEW SECTION. Sec. 7. A new section is added to chapter 47.01 RCW to read as follows: (1) To reduce traffic congestion and increase traffic flow, the department of transportation and other governmental entities must rapidly respond to traffic accidents and other. obstructions on highways, freeways, roads, and streets, and clear these accidents and obstructions as expeditiously as possible. The department and other : governmental entities must receive increased funding for emergency . roadside assistance from the dedicated revenue in the Reduce Traffic Congestion Relief Account created in section 10 of this act. To maximize flexibility and response times, the state, the department, • and other governmental entities may and are encouraged to contract out emergency roadside assistance services to private companies, including tow truck operators (2) The state auditor shall identify and establish performance benchmarks using best practices for emergency roadside assistance • under this section and shall investigate and track progress fulfilling this requirement, providing this and other relevant information to the public on a regular basis. DEDICATES A PORTION OF EXISTING VEHICLE- RELATED REVENUE TO HELP FUND THE OPENING OF CARPOOL LANES TO EVERYONE DURING NON -PEAK HOURS, HELP FUND THE SYNCHRONIZATION OF TRAFFIC ' LIGHTS ON HEAVILY - TRAVELED ARTERIALS AND STREETS, AND INCREASE FUNDING FOR EMERGENCY ROADSIDE ASSISTANCE Sec. 8. RCW 82.08.020 and 2006 c 1 s 3 are each amended to read as follows: (1) There is levied and there shall be collected a tax on each retail sale in this state equal to six and five - tenths percent of the Electronic Transmittal 12 I- 1866.1 • selling price. • (2) There is levied and there shall be collected an additional tax on each retail car rental, regardless of whether the vehicle is licensed in this state, equal to five and nine - tenths percent of the selling price. The revenue collected under this subsection shall be deposited in the rnultimodal transportation account created in RCW 47.66.070. (3) Beginning July 1, 2003, there is levied and collected an additional tax of three - tenths of one percent of the selling price on . each retail. sale of a motor vehicle in this-state, other than retail car rentals taxed under subsection (2) of this section. The revenue collected under this subsection shall be deposited in the multimodal transportation account created in RCW 47.66.070. (4) For purposes of subsections (3) and (8) of this section, "motor vehicle" has the meaning provided in RCW 46.04.320, but does not include farm tractors or farm vehicles as defined in RCW 46'.04.180 and 46.04.181, off -road and nonhighway vehicles as defined in RCW 46.09.020, and snowmobiles as defined in RCW 46.10.010. (5) Beginning on December 8, 2005, 0.16 percent of the taxes collected under subsection (1) of this section shall be dedicated to funding comprehensive performance audits required under RCW 41, 43.09.470. The revenue identified in this subsection shall be deposited in the performance audits of government account created in RCW 43.09.475. (6) The taxes imposed under this chapter shall apply to successive retail sales of the same property. (7) The rates provided in this section apply to taxes imposed under chapter 82.12 RCW as provided in RCW 82.12.020. (8) To effectively utilize existing resources to reduce traffic congestion, beginning on December 4, 2008, fifteen percent of the taxes collected under subsection (1) of this section on the retail sale of those vehicles taxed under subsection (3) of this section shall be dedicated to reducing traffic congestion and deposited in the Reduce Traffic Congestion Account created in section 10 of this act. This subsection (8) of this section dedicates a portion of existing vehicle sales tax revenue and does not raise taxes. • NEW SECTION. Sec. 9. A new section is added to chapter 82.12 RCW to read as follows: Electronic Transmittal 13 I- 1866.1 Beginning on December 4, 2008, fifteen percent of the taxes collected under RCW 82.12.020 on vehicles taxed under RCW 4111 82.08.020(3) based on the rate in RCW 82.08.020(1) shall be dedicated to reducing traffic congestion and deposited in the Reduce Traffic Congestion Account created in section 10 of this act. CREATES °`REDIICE TRAFFIC CONGESTION ACCOUNT" NEW SECTION. Sec. 10. A new section is added to chapter 46.68 RCW to read as follows: (1) The Reduce Traffic Congestion Account is hereby created in the state treasury as a subaccount of the motor vehicle fund. All receipts from: The fifteen percent of sales . and use taxes dedicated in RCW 82.08.020(8) and section 9 of this act; any tolls or charges collected under RCW 46.61.165(5) and 47.66.090; revenue from infractions dedicated to reducing traffic congestion under RCW 43.63.110; appropriate allocated funds under section 13 of this act; and any tolls or charges collected under RCW 47.56.030 and 47.56.170 must be deposited in the subaccount. Moneys in the subaccount may be spent only after appropriation. Expenditures from the subaccount may be used only: (a) To pay for costs associated with the opening of carpool lanes to everyone during non -peak hours as required under RCW 46.61.165, including new and modified electronic and nonelectronic signage; lane striping, improvements, and maintenance; and shoulder maintenance and improvements, including bumpers; (b) To pay for costs associated with synchronizing traffic lights on heavily - traveled arterials and streets as required under sections 5 and 6 of this act; (c) To provide increased funding for emergency roadside assistance as required under section 7 of this act; and (d) To provide funding for the activities of the state auditor required under this section and sections 5, 6, and 7 of this act. (2) After payment of costs identified in subsections (1)(a) through (d) of this section, any other purpose which reduces traffic congestion by reducing vehicle delay times by expanding road capacity and general purpose use to improve traffic flow for all vehicles may be provided funding from the subaccount. Purposes to improve traffic flow for all vehicles do not include creating, maintaining, or Electronic Transmittal 14 1- 1866.1 operating bike paths or lanes; wildlife crossings, landscaping, park and ride lots, ferries, trolleys, buses, monorail, light rail, or heavy rail. (3) Revenue deposited in the subaccount and not appropriated shall be retained by this subaccount. (4) To measure the level of compliance with the policies, purposes, and intent of this act, the state auditor shall investigate and track the revenues and expenditures required under this act and shall report this and other relevant information to the public on a regular basis. DEDICATES REVENUE FROM RED LIGHT TRAFFIC CAMERAS TO TEE "REDUCE TRAFFIC CONGESTION ACCOUNT" Sec. 11. RCW 46.63.110 and 2007 c 356 s 8 and 2007 c 199 s 28 are each reenacted and amended to read as follows: (1) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title. (2) The monetary penalty for a violation of (a) RCW 46.55.105(2) is two hundred fifty dollars for each offense; (b) RCW 46.61.210(1) is five hundred dollars for each offense. No penalty assessed under this subsection (2) may be reduced. . (3) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully requests.the supreme court to adjust this schedule every two years for inflation. (4) There shall be a penalty of twenty -five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed twenty -five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The S Electronic Transmittal 15 I- 1866.1 local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body. 4111 (5) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter. (6) Whenever a monetary penalty, fee, cost, assessment, or other monetary obligation is imposed by a court under this chapter it is immediately payable. If the court determines, in its discretion, that a person is not able to pay a monetary obligation in full, and not more than one year has passed since the later of July 1, 2005, or the date the monetary obligation initially became due and payable, the court shall enter into a payment plan with the person, unless the person has previously been granted a payment plan with respect to the same monetary obligation, or unless the person is in noncompliance of any existing or prior payment plan, in which case the court may, at its discretion, implement a payment plan. If the court has notified the department that the person has failed to pay or comply and the 4110 person has subsequently entered into a payment plan and made an initial payment, the court shall notify the department that the infraction has been adjudicated, and the department shall rescind any suspension of the person's driver's license or driver's privilege based on failure to respond to that infraction. °Payment plan,° as used in this section, means a plan that requires reasonable payments based on the financial ability of the person to pay. The person may voluntarily pay an amount at any time in addition to the payments required under the payment plan. (a) If a payment required to be made under the payment plan is delinquent or the person fails to complete a community restitution program on or before the time established under the payment plan, unless the court determines good cause therefor and adjusts the payment plan or the community restitution plan accordingly, the court shall notify the department of the person's failure to meet the conditions of the plan, and the department shall suspend the person's driver's license or driving privilege until all monetary obligations, including those imposed under subsections (3) and (4) of this section, have been paid, and court authorized community restitution has been completed, or until the department has been notified that Electronic Transmittal 16 1- 1866.1 the court has entered into a new time payment or community restitution agreement with the person. • (b) If a person has not entered into a payment plan with the 4 11 0 court and has not paid the monetary obligation in full on or before the time established for payment, the court shall notify the department of the delinquency.. The department shall suspend the person's driver's license or driving privilege until all monetary obligations have been paid, including those imposed under subsections (3) and (4) of this section, or until the person has entered into a payment plan under this section. (c) If the payment plan is to be administered by the court, the court may assess the person a reasonable administrative fee to be wholly retained by the city or county with jurisdiction. The administrative fee shall not exceed ten dollars per infraction or . twenty -five dollars per payment plan, whichever is less. (d) Nothing in this section precludes a'court from contracting with outside entities to administer its payment plan system. When outside entities are used for the administration of a payment plan, the court may assess the person a reasonable fee for such administrative services, which fee may be calculated on a periodic, percentage, or other basis. (e) If a court authorized community restitution program for offenders is available in the jurisdiction, the court may allow conversion of all or part of the monetary obligations due under this section to court authorized community restitution in lieu of time payments if the person is unable to make reasonable time payments. (7) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction shall be assessed: (a) A fee of five dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the . emergency medical services and trauma care system trust account under RCW 70.168.040; (b) A fee of ten dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded.to the state treasurer for deposit in the Washington auto theft prevention authority account; and 4 11 0 Electronic Transmittal 17 I- 1866.1 (c) A fee of two dollars per infraction. Revenue from this fee shall be forwarded to the state treasurer for deposit in the . 4111 traumatic brain injury account established in RCW 74.31.060. (8)(a) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction other than of RCW 46.61.527 shall be assessed an additional penalty of twenty dollars. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. If a court authorized community restitution program for offenders is available in the jurisdiction, the court shall allow offenders to offset all or a part of the penalty due under this subsection (8) by participation in the court authorized community restitution program. • (b) Eight dollars and fifty cents of the additional penalty under (a) of this subsection shall be remitted to the state treasurer. The remaining revenue from the additional penalty must be remitted under chapters 2.08, 3.46, 3.50,• 3.62, 10.82, and 35.20 RCW. Money remitted under this subsection to the state treasurer must be deposited as provided in RCW 43.08.250. The balance of'the revenue 4111 received by the county or city treasurer under this subsection must be deposited into the county or city current expense fund. Revenue to be deposited into the county or city current expense fund from infractions issued under RCW 46.63.170 shall instead be dedicated to reducing traffic congestion and be deposited in. the Reduce Traffic Congestion Account created in section 10 of this act. Moneys retained by the city or county under this subsection shall constitute reimbursement for any liabilities under RCW 43.135.060. (9) If a legal proceeding, such as garnishment, has commenced to collect any delinquent amount owed by the person for any penalty imposed by the court under this section, the court may, at its discretion, enter into a payment plan. (10) The monetary penalty for violating RCW 46.37.395 is: (a) Two hundred fifty dollars for the first violation; (b) five hundred dollars for the second violation; and (c) seven hundred fifty dollars for each violation thereafter. DEDICATES REVENUE PREVIOUSLY ALLOCATED TO ART TO TEE "REDUCE TRAFFIC CONGESTION ACCOUNT" Electronic Transmittal 18 I- 1866.1 NEW SECTION. Sec. 12. RCW 43.17.200 and 2005 c 36 s 4 are each amended to read as follows: All state agencies including all state departments, boards, councils, commissions, and quasi public corporations shall allocate, as a nondeductible item, out of any moneys appropriated for the original construction of any public building, except for appropriations after December 4, 2008 for transportation- related public works projects, an amount of one -half of one percent of the appropriation to be expended by the Washington state arts commission for the acquisition of works of art. The works of art may be placed on public lands, integral to or attached to a public building or structure, detached within or outside a public building or structure, part of a portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in other public facilities. In addition to the cost of the works of art, the one -half of one percent of the appropriation as provided herein shall be used to provide for the administration of the visual arts program, including conservation of the state art collection, by the Washington state arts commission and all costs for installation of the works of art. For the purpose of this section, building shall not include highway construction 4 11 0 sheds, warehouses or other buildings of a temporary nature. NEW SECTION. Sec. 13. To provide additional funds for reducing traffic congestion, all state agencies, including all state departments, boards, councils, commissions, and quasi public corporations shall allocate, as a nondeductible item, out of any moneys appropriated after December 4, 2008 for any transportation - related public works project, an amount of one -half of one percent of the appropriation to be dedicated to reducing traffic congestion and be deposited in the Reduce Traffic Congestion Account created in section 10 of this act. The people find that their top priority is reducing traffic congestion. Sec. 14. RCW 43.46.090 and 1983 c 204 s 1 are each amended to read as follows: The legislature recognizes this state's responsibility to foster culture and the arts and its interest in the viable development of her artists and craftsmen by the establishment of the Washington 4 11 0 Electronic Transmittal 19 I- 1966.1 state arts commission. The legislature declares it to be a policy of this state that a portion of appropriations for capital expenditures, 4110 except as provided in RCW 43.17.200 and section 13 of this act, be set aside for the acquisition of works of art to be placed in public buildings or lands. There is hereby established a visual arts program to be administered by the Washington state arts commission. CRITICAL TAXPAYER PROTECTION: PREVENTS POLITICIANS FROM DIVERTING TOLL REVENUE TO THE GENERAL FUND; TOLLS ON A PROJECT GET SPENT ON THE PROJECT Sec. 15. RCW 47.56.030 and 2002 c 114 s 19 are each amended to read as follows: (1) Except as permitted under chapter 47.46 RCW: (a) The department of transportation shall have full charge of the construction of all toll bridges and other toll facilities including the Washington state ferries, and the operation and maintenance thereof. (b) The transportation commission shall determine and establish 4110 the tolls and charges thereon, subject to all applicable laws, and shall perform all duties and exercise all powers relating to the financing, refinancing, and fiscal management of all toll bridges and other toll facilities including the Washington state ferries, and bonded indebtedness in the manner provided by law. Except for Washington state ferries toll facilities, revenue from any new tolls or charges established after December 4, 2008, that exceed the cost of construction, operation, or maintenance of toll facilities and new capital improvements to highways, freeways, roads, bridges, and streets, shall be dedicated to reducing traffic congestion and - deposited in the Reduce Traffic Congestion Account created in section 10 of this act. Except for Washington state ferries toll facilities, in the absence of any capital improvements, revenue from any new tolls or charges established after December 4, 2008, that exceed the cost of collecting the tolls or charges shall be dedicated to reducing traffic congestion and deposited in the Reduce Traffic Congestion Account created in section 10 of this act. (c) The department shall have full charge of design of all toll • facilities. 4110 (d) Except as provided in this section, the department shall Electronic Transmittal 20 I- 1866.1 proceed with the construction of such toll bridges and other facilities and the approaches thereto by contract in the manner of state highway construction immediately upon there being made 4 11 0 available funds for such work and shall prosecute such work to completion as rapidly as practicable. The department is authorized to negotiate contracts for any amount without bid under (d)(i) and (ii) of this subsection: (i) Emergency contracts, in order to make repairs to ferries or ferry terminal facilities or removal of such facilities whenever continued use of ferries or ferry terminal facilities constitutes a real or immediate danger to the traveling public or precludes prudent use of such ferries or facilities; and (ii) Single source contracts for vessel dry dockings, when there is clearly and legitimately only one available bidder to conduct dry dock- related work for a specific class or classes of vessels. The contracts may be entered into for a- single vessel dry docking or for multiple vessel dry dockings for a period not to exceed two years. (2) The department shall proceed with the procurement of materials, supplies, services, and equipment needed for the support, maintenance, and use of a ferry, ferry terminal, or other facility operated by Washington state ferries,. in accordance with chapter 4 11 0 43.19 RCW except as follows: (a) Except as provided in (d) of this subsection, when the secretary of the department of transportation determines in writing that the use of invitation for bid is either not practicable or not advantageous to the state and it may be necessary to make competitive evaluations, including technical or performance. evaluations among acceptable proposals to complete the contract award, a contract may be entered into by use of a competitive sealed proposals method, and a formal-request for proposals solicitation. Such formal request for proposals solicitation shall include a functional description of the needs and requirements of the state and the significant factors. (b) When purchases are made through a formal request for proposals solicitation the contract shall be awarded to the responsible proposer whose competitive sealed proposal is determined in writing to be the most advantageous to the state taking into consideration-price and other evaluation factors set forth in the request for proposals. No significant factors may be used in evaluating a proposal that are not specified in the request for 4 11 0 Electronic Transmittal 21 I- 1866.1 proposals. Factors that may be considered in evaluating proposals include but are not limited to: Price; maintainability; reliability; 410 commonality; performance levels; life cycle cost if applicable under this section; cost of transportation or delivery; delivery schedule offered; installation cost; cost of spare parts; availability of parts and service offered; and the following: (i) The ability, capacity, and skill of the proposer to perform the contract or provide the service required; (ii) The character, integrity, reputation, judgment, experience, and efficiency of the proposer; (iii) Whether the proposer can perform the contract within the time specified;, (iv) The quality of performance of previous contracts or services; (v) The previous and existing compliance by the proposer with laws relating to the contract or services; (vi) ,Objective, measurable criteria defined in the request for proposal. These criteria may include but are not limited to items such as discounts, delivery costs, maintenance services costs, installation costs, and transportation costs; and (vii) Such other information as may be secured having a bearing on the decision to award the contract. (c) When purchases are made through a request for proposal process, proposals received shall be evaluated based on the evaluation factors set forth in the.request for proposal. When issuing a request for proposal for the procurement of propulsion equipment or systems that include an engine, the request for proposal must specify the use of a life cycle cost analysis that includes an evaluation of fuel efficiency. When a life cycle cost analysis is used, the life cycle cost of a proposal shall be given at least the same relative importance as the initial price element specified in the request of proposal. documents. The department may reject any and all proposals received. If the proposals are not rejected, the award shall be made to the proposer whose proposal is most advantageous to the department, considering price and the other evaluation factors set forth in the request for proposal. (d) If the department is procuring large equipment or systems (e.g., electrical, propulsion) needed for the support, maintenance, and use of a ferry operated by Washington state ferries, the Electronic Transmittal 22' 1- 1866.1 • department shall proceed with a formal request for proposal solicitation under this subsection (2) without a determination of necessity by the secretary. III Sec. 16. RCW 47.56.160 and 1984 c 7 s 258 are each amended to read as follows: Except for revenues to be deposited in the Reduce Traffic Congestion Account under RCW 47.56.030(1)(b), ((A))all tolls or other revenues received from the operation of any toll bridge or toll bridges constructed with the proceeds of bonds issued and sold hereunder shall be paid over by the department to the state treasurer. The treasurer shall deposit them forthwith as demand deposits in a depository or depositories authorized by law to receive deposits of state funds. The deposit shall be made to the credit of a special trust fund designated as the toll revenue fund of the particular toll bridge or toll bridges producing the tolls or revenue, which fund shall be a trust fund and shall at all times be kept segregated and set apart from all other funds. Sec. 17. RCW 47.56.170 and 1984 c 7, s 259 are each amended to read as follows: ID From the money deposited in each separate construction fund under _RCW 47.56.160, the state treasurer shall transfer to the place or places of payment named in the bonds such sums as may be required to pay the interest as it becomes due on all bonds sold and outstanding for the construction of a particular toll bridge or toll bridges during the period of actual construction and during the period of six months immediately thereafter. The state treasurer shall thereafter . transfer-from each separate toll revenue fund to the place or places • of payment named in the bonds such sums as may be required to pay the interest on the bonds and redeem the principal thereof as the interest payments and bond redemption become due for all bonds issued and sold for the construction of the particular toll bridge or toll bridges producing. the tolls or revenues so deposited in the toll revenue fund. All funds so transferred for the payment of principal or interest on bonds issued for any particular toll bridge shall be segregated and applied solely for the payment of that principal or interest. The proceedings authorizing the issuance of bonds may provide for setting up a reserve fund or funds out of the tolls and Electronic Transmittal 23 1- 1866.1 I other revenues not needed for the payment of principal and interest, A gli k as the same currently matures and for the preservation and continuance of the fund in a manner to be provided therein. The proceedings may also require the immediate application of all surplus moneys in the toll revenue fund to the retirement of the bonds prior to maturity, by call or purchase, in such manner and upon such terms and the payment of such premiums as may be deemed advisable in the judgment of the department. The moneys remaining in each separate toll revenue fund after providing the amount required for interest and redemption of bonds as provided in this section shall be held and applied as provided in the proceedings authorizing the issuance of the bonds. If the proceedings authorizing the issuance of the bonds do not require surplus revenues to be held or applied in any particular manner, they shall be ((alloc'tcd and uocd for such othcr purpooco incidental to _- -- ---)) dedicated to reducing traffic congestion and deposited in the Reduce Traffic Congestion Account created in section 10 of this act. NEW SECTION. Sec. 18. This act does not inhibit or prohibit the department of transportation or any other state or local government agency or body from allocating or expending other revenue from other sources to fund costs associated with opening carpool lanes to everyone during non -peak hours, synchronizing traffic lights on heavily - traveled arterials and streets, or increasing funding for emergency roadside assistance as required under this act. NEW SECTION. Sec. 19. The provisions of this act are to be liberally construed to effectuate the intent, policies, and purposes of this act. NEW SECTION. Sec.. 20. Subheadings used in this act are not any part of the law. NEW SECTION. Sec. 21. 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. - Electronic Transmittal 24 I- 1866.1 NEW SECTION. Sec. 22. This act shall be known and cited as the Reduce Traffic Congestion Act of 2008. NEW SECTION. Sec. 23. This act takes effect December 4, 2008. - -- F.�TD - -- Electronic Transmittal 25 I - 1866.1 c� bf a r'cia l /�'I a na errs -n 5 Fiscal Impact Statement for Initiative 985 Proposed 1 -985 Fiscal Impact Statement Over five years, approximately $668.6 million would be redirected from projects and activities supported by state and local general and transportation funds to congestion relief activities. This would include $239.2 million for opening carpool lanes to general traffic during off -peak hours, $65.7 million for synchronizing traffic lights, $18 million for additional emergency relief and $1.4 million for the State Auditor to monitor performance. The remaining $343.9 million would be available for other congestion relief activities, induding expanding road capacity. Funds would not be allowed for bike paths, landscaping, wildlife crossings, park and ride lots, ferries, trolleys, buses or rail. General Assumptions o Estimates are based upon such sources as trends, current appropriation levels and the last legislatively adopted 16 -year transportation financial plan. o The following have been excluded from this analysis: o Most federal funds, as they have regulations that govem their use. o Revenues dedicated to outstanding bonds, as they are pledged for specific purposes. o Tolling authority for the Tacoma Narrows Bridge, as it is in a different chapter of the law than the statutes amended in the initiative. o Toll rate increases, which are not considered 'new tolls or charges.' o Funds appropriated to agencies for distribution as grants, as opposed to direct appropriations for specific projects. Revenue Assumptions Estimated Revenues Deposited into the Reduce Traffic Congestion Account Fiscal Year 2009 to 2013 2007419 2009 -11 2011 -13 Total Red Light Traffic Cwneras $ 13,043,998 $ 13,383,998 $ 13,383,998 $ 39,811,994 Transportation-Related Public Works Projects 0 4,926,0Mi 3,899,999 8,826,092 Sales and Use Taxes on Motor Vehicles 52,536,596 237,965,000 329,456,000 619,957,596 Toll Revenues 0 0 0 0 Total Revenue $ 65,580,594 $ 256,275,091 $ 346,739,997 $ 668,595,682 Red tight Cameras Revenue Assumptions o Presently, no counties and 12 cities have automated traffic safety camera programs. o Revenues decrease after the first year of use because the number of traffic violations typically decrease following the first year of installation. Estimated revenues assume a 70 percent collection rate. Transportation - Related Public Works Projects Revenue Assumptions o One -hatf of 1 percent of state appropriations for "transportation related public works projects" would be deposited into the Reduce Traffic Congestion Account This requirement affects '... all state agencies, including all state departments, boards, councils, commissions, and quasi- public corporations ...' This pertains to state entities only. • Date: July 31, 2008 1 o Transportation - related public works projects would not subject to the one -half of 1 percent allocation for public art Sales and Use Tax Revenue Assumptions o The 2007 -09 revenues represent seven months of collections. Future biennia represent 24 months of collections and growth, as forecast by the Economic and Revenue Forecast Council. Toll Revenue Assumptions o Toll revenues would be used for 'construction, operation and maintenance' of toll facilities. o Operation of toll facilities includes Washington State Patrol enforcement, tow truck operations, emergency response and routine maintenance. o Tolls may be collected prior to the construction of a toll facility as long as the revenue is for the anticipated expenses identified in a capital or financial plan. o All projected toll revenues would be planned to be used for operations, maintenance and construction of toll facilities, so there would be no excess revenue assumed to be available for deposit to the Reduce Traffic Congestion Account. Assumptions on Costs to Implement 1-985 Estimated Expenditures from the Reduce Trafic Congestion Account Fiscal Year 2009 to 2013 2007-09 2009 -11 2011 -13 Total Traffic Ught Synchronization $ 20,935,000 $ 20,935,000 $ 23,870,000 $ 65,740,000 Red Light Traffic Cameras 14,840 0 0 14,640 Carpool Lanes 3200,000 36,000,000 200,000,000 239,200,000 III Sales and Use Taxes on Motor Vehicles 27,000 0 0 27,000 Washington State Auditor 200,000 600,000 600,000 1,400,000 Department of Transportation AudB Support 50,000 100,000 100,000 250,000 Emergency Roadside Response 5636,500 6,190,800 6,190,900 18,018,200 Total Expenditure $ 30,063,140 $ 63,825,800 8 230,760,900 $ 324,649,840 Traffic Ught Synchronization — Cost to Implement Assumptions o One -half of the signals would be synchronized in 2009 and one -half in 2010. o Synchronization would need to.be recalibrated every 2 34 to 3 years. o The estimated number of signalized intersections in cities is 3,734. At an average cost of $5,000 per intersection, the total cost to synchronize all intersections for cities would be $18.7 million, with an additional cost of $18.7 million for recalibration. o Approximately 362 signalized intersections are on heavily traveled arterials and streets in King, Pierce, Snohomish and Clark counties_ At an average cost of $5,000 per intersection, the total cost to synchronize all intersections for these counties would be $1.8 million, with an additional cost of $1.8 million for recalibration. o Approximately 405 signalized intersections are on heavily traveled arterials and streets on state - owned highways. At an average cost of $8,500 per intersection, the total lost to synchronize all intersections on state highways would be $3.4 million, with an additional cost of $3.4 million for recalibration. The Washington State Department of Transportation estimates an additional cost of up to -$18 million for the state -owned highways only. o Costs to take full advantage of real -time synchronization, such as staffing of traffic operations centers and traffic cameras, are not included. Carpool Lanes — Cost to Implement Assumptions Opening carpool lanes to general purpose traffic during off -peak hours requires: o Installation or modfication of variable speed fimit and lane use control systems for 50 miles of HOV lanes at approximately $4 million per mile, for a total of $200 million over five years. Date: July 31, 2008 2 gra Installation of access ramp gates and electronic signing at eight locations, estimated at about $2 million per location, fora total of $16 million over five years. O Installation of additional ramp meters, at a cost of $6 million over five years. O Replacement of 700 HOV signs to comply with requirements, at a cost of $22 million. O Implementation would be staged over the five years, in part due to the need to obtain federal approval to make changes to HOV lanes. O King County Metro estimates that opening carpool lanes to general purpose traffic would reduce efficiency of transit vehicles by about 10 percent King County's cost is estimated to be approximately $15 million over five years, due primarily to additional fuel and labor costs. Impact to other transit districts has not been assessed, but is assumed to be the equivalent of the King County impact State Auditor — Cost to Implement Assumptions o The State Auditor's Office would incur a one -time cost of $100,000 to $200,000 to develop the benchmarks and best practices required, and annual monitoring and reporting costs of $200,000 to $300,000. O The Department of Transportation would incur costs to support the State Auditor's work, at a cost of $50,000 per year. Emergency Roadside. Assistance — Cost to Implement Assumptions O Although 1 -985 requires additional funds to be spent on emergency roadside assistance, it does not specify how much of an increase is expected. For the purpose of this analysis, additional funds are assumed to be provided to the Washington State Department of Transportation and the Washington State Patrol. o The Washington State Department of Transportation estimates include an additional 10 emergency roadside assistance vehicles and 10 full -time equivalent employees (FTEs) to respond to 17,978 incidents per biennium. • 0 The Washington State Patrol estimates include 13 more troopers in the central Puget Sound Region; three more FTEs to improve accident investigations, enforcement, education and coordination with other jurisdictions; and additional equipment for troopers and investigation staff. Assumptions related to fund shifts and revenue losses O Estimated revenue loss to cities from red light traffic camera infractions would be $40 million over five years. O Not charging tolls during off -peak hours on SR -167 HOT lanes would result in a 33 percent loss of funds, or a total loss of $3.1 million over five years. O Washington state transit agencies are estimated to lose about $20 million over five years in federal transit funds due to the opening of carpool lanes to general traffic during non -peak periods. . O The Washington State Arts Commission would. lose $500,000 over five years. O The state general fund would be reduced by $620 million over five years. The general fund is used for education, public safety, social services and general government Date: July 31, 2008 3 ' CITY OF YAKIMA • LEGAL DEPARTMENT zoo South Third Street,Yak Washington 98901 (509) 575-6030 Fax (509) 575 -6160 MEMORANDUM January 31, 2008 TO: The Honorable Mayor and City Council Members Dick Zais, City Manager FROM: Raymond L. Paolella, City Attorney Lawrence Watters, Senior Assistant City Attorney SUBJ: Guidelines for Public Hearings on Ballot Propositions and Actions the City Council May Take Ili This memorandum addresses uidelines for b g public on ballot propositions and actions the City Council may take on an upcoming school district levy. RCW 42.17.130 generally prohibits elected officials from using City facilities, directly or indirectly, for the promotion of or opposition to any ballot proposition. However, the general prohibition does not apply to the following actions of elected officials: (1) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view. (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry. (3) Activities which are part of the normal and regular conduct of the office or agency. (. Thus, the City Council may take a vote to support or oppose a school district levy at an open City Council meeting as long as the notice of the meeting includes the title and number of the ballot proposition, and Council member and citizens are afforded an approximately equal opportunity to express opposing views. Individual City Council members can also state their support or opposition to the levy at an open press conference or in response to a question concerning the matter. LW/brb -2- Christine O. Gregoire ATTORNEY GENERAL OF WASHINGTON Licensing & Administrative Law Division • PO Box 40110 • Olympia WA 98504 -0110 • (360) 664 -2405 MEMORANDUM September 13, 2001 TO: Interested Persons FROM: Nancy Krier, Assistant Attorney General SUBJECT: Statutory Limits On The Use of Public Funds /Facilities To Assist or Oppose Campaigns, Particularly Campaigns Involving Ballot Measures or Initiatives 1. INTRODUCTION The primary purpose of this memorandum is to remind , readers about the statutory 0 . prohibition at RCW 42.17.130 regarding the use of local public funds and public property and facilities to support or oppose candidates or ballot propositions, including initiative and bond and levy campaigns. This memorandum also presents some factual scenarios that should trigger discussions with local attorneys advising such local public entities, and/or with the Washington State Public Disclosure Commission staff. Finally, this memorandum provides a list of resources for local agency employees and officials who may have questions concerning use of public funds and facilities, with respect to ballot measure or initiative campaigns. This memorandum is not designed to provide legal advice or to replace legal advice provided by attorneys advising local agencies and local officials. In particular, this memorandum does not discuss any local rules, ordinances, procedures or advice that may also address use of public facilities or funds in campaigns. This memorandum's approach is similar to that in a memorandum prepared by Senior Assistant Attorney General James K. Pharris, which analyzed the Executive Ethics Act's comparable provisions for state agencies at RCW 42.52.180. That memorandum by Mr. Pharris is available at the Attorney General's Office Home Page at www.wa.zov /ago. This memorandum references the statutes the State Public Disclosure Commission has Since January 1, 1995, RCW 42.17.130 has been superseded as to state agencies and employees. Laws of 1994, ch. 154, § 317 (codified as RCW 4117.131) provides that "RCW 42.17.130 does not apply to any person who is•a state officer or state employee as defined in RCW 42.52 ". It is also important to note RCW 42.17.190(4) prohibits the use of public funds or facilities to support or oppose an initiative to the Legislature, with exceptions parallel to those contained in RCW 42.17.130. September 13, 2001 Page 2 of 11 analyzed for local agencies and officials in its rules, declaratory orders, and "Guidelines for Local Government Agencies, Including School Districts, in Election Campaigns :' ( "Guidelines "). Those PDC documents are available online at www.pdc.wa.aov (see "Guide to the Law," "Interpretations. ") II. STATUTORY PROHIBITION AGAINST USE OF PUBLIC FACILITIES TO SUPPORT OR OPPOSE BALLOT PROPOSITIONS For local public entities, the primary statute on this subject is RCW 42.17.130. The statute reads: No elective official nor any employee of his office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, "for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency: PROVIDED, That the foregoing provisions of this section shall not apply -to the following activities: (1) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view; (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; • (3) Activities which are part of the normal and regular conduct of the office or agency. 2 The PDC recently updated its guidelines specific to school districts. The "Guidelines for. School Districts in Election Campaigns" are available online at the PDC's website. It is anticipated that the local agencies' uidelines m will be updated in the future to follow the chart format in the school districts' guidelines. Attorney advisers of local agencies are encouraged, however, to also review the school districts' guidelines. September 13, 2001 • Page 3 of l l 111. CASES, ATTORNEY GENERAL OPINIONS, INTERPRETIVE RULES, AND DECLARATORY ORDERS There are only two reported cases construing RCW 42.17.130. The law has been amended since those cases were reported, but 1 cite to them by way of background. King County Council v. Public Disclosure Commission, 93 Wn.2d 559, 611 P.2d 1227 (1980), had concluded that a county council could, as a matter of "normal and regular conduct ", pass resolutions endorsing a ballot measure. City of Seattle v. 100 Wn.2d 232, 668 P.2d 1266 (1983), held that a city - ordinance providing partial public funding for candidates in city elections did not violate RCW 42.17.130. However, subsequent legislation has rendered both of' these opinions moot. Later amendments to RCW 42.17.130 explicitly permitted the conduct which the court allowed in King County Council v. Public Disclosure Commission, while the enactment of Initiative 134 (RCW 42.17.128) specifically prohibited local governments from using public funds to finance political campaigns for state or local office. There are three formal .attorney general opinions construing RCW 42.17 generally, • including RCW 42.17.130. Persons interpreting the current act should read them, but they should also check their analysis carefully against subsequent changes in the statutes interpreted. The first of the three opinions is AGO 1973 No. 14, 'a long opinion answering some 2 g p gs 23 questions about Initiative 276 (the initiative measure whose approval constituted the enactment of what is now RCW 42.17). This opinion is valuable primarily as a discussion of the historical background of the law. AGO 1975 No. 23 construes the language concerning "normal and regular conduct o.flie office or agency" and is worth reading since the same language appears in RCW 42.17.130. Finally, AGO 1979 No. 3, construing RCW 42.17.130, concluded that the use of college or university facilities for political conventions, meetings, and candidates' forums did not violate the section, and prohibitions such as RCW 42.17.130 were not intended to cover "neutral public forum" uses of public property, such as the use of publicly owned facilities on a nondiscriminatory basis for political activities. The PDC has adopted two rules interpreting RCW 42.17.130 in the Washington Administrative Code: WAC 390 -05 -271 (general applications of RCW 42.17.130) and WAC 390 -05 -273 (definition of normal and regular conduct). Those rules are discussed in the PDC Guidelines and are available on the PDC's website. They read as follows: WAC 390 -05 -271 - (1) RCW 42.17.130 does not restrict the right of any individual to express his or her own personal views concerning, supporting, or opposing any candidate or ballot proposition, if such expression does not involve a use of the facilities of a public office or agency. (2) RCW 42.17.130 does not prevent a public office or agency from (a) making facilities available on a nondiscriminatory, equal access basis for political uses or • • September 13, 2001 Page 4 of 11 (b) making an objective and fair presentation of facts relevant to a ballot proposition, if such action is part of the normal and regular conduct of the office or agency. WAC 390 - 05 - 273 - Normal and regular conduct of a public office or agency, as that term is used in the proviso to RCW 42.17.130, means conduct which is (1) lawful, i.e., specifically authorized, either expressly or by necessary implication, in an appropriate enactment, and (2) usual, i.e., not effected or authorized in or by some extraordinary means or manner. No local office or agency may authorize a use of public facilities for the purpose of assisting a candidate's campaign or promoting or opposing a ballot proposition, in the absence of a constitutional, charter, or statutory provision separately authorizing such use. The PDC has issued a number of declaratory orders interpreting RCW 42.17.130. Those orders are orders numbered 1, 2, 4, 10, 13, and 14. They are summarized at the end of this memorandum, and are available on the PDC's website. Finally, as noted herein, the PDC has provided guidelines to offer further practical assistance in interpreting its rules and statutes. The "Guidelines for Local Government Agencies, Including School Districts, in Election Campaigns" (which is the relevant document for most local agencies) and the more recent and updated "Guidelines for School Districts in Election Campaigns" (which is the relevant document for school districts at this time) are available on the PDC's website. IV. ADDITIONAL COMMENTS ABOUT THE USE OF PUBLIC FACILITIES This section of the memorandum is intended to draw together informal advice to state agencies from a variety of sources (primarily generated in response to ballot measures in previous years), and to point to sources available for help in answering questions which may arise. As noted, this memorandum represents only the writer's analysis based upon that information provided at the state level to agencies governed by similar statutes, and is not the official position of the office. Given the language of the statute itself at RCW 42.17.130, and factoring in cases and opinions interpreting the statute, it is possible to make some general statements about political activities. 1 think the following activities are clearly prohibited by RCW 42.17.130: 1. Using work hours to solicit signatures for ballot propositions, to raise funds for or against such propositions, or to organize campaigns for or against such propositions. 2. Using public property to campaign for or against a ballot proposition, except September 13, 2001 Page 5 of I I • that "neutral forum" public property available on a nondiscriminatory, equal access basis and otherwise open to public use may be used for campaigning also. 3. Using public facilities — office space, electronic mail and . data processing equipment, word processing and copying facilities, paper, supplies, and any other publicly owned property —for campaigns for or against a ballot proposition, whether during or after work hours. 4. Displaying political material in or on publicly owned vehicles. 5. Displaying or distributing campaign material on publicly owned or operated premises (other than "neutral open forum" property or "personal space" property as discussed in hypothetical question number 5 in Part V below). 6. Using public supplies, equipment, or facilities to print, mail, or otherwise produce or distribute materials supporting or opposing any candidate or ballot proposition. 7. Using publicly owned facilities to instruct or urge public employees to campaign for or against a candidate or ballot proposition on their own time, or stating or implying that their job performance might be judged according to their willingness to use their own time on a campaign. 8. Using public time and/or facilities to draft or pass a resolution by an appointed committee, board, or commission taking an official position for or against a pending ballot proposition. Turning to the other side, the following appear to be conduct that is not prohibited by RCW 42.17.130: 1. An elected legislative body may collectively endorse or oppose a ballot measure if it meets the procedural requirements of RCW 42.17.130. 2. An elected official may make a statement in support of, or in opposition to, a ballot proposition at an open press conference or in response to a specific inquiry or may make incidental remarks concerning a ballot proposition in an official communication, so long as there is no actual, measurable expenditure of public funds. Again, note that this exception is limited to elected officials and does not, by its terms, extend to such "support" activity as using staff time or public facilities to prepare or distribute such a statement, at least if any "measurable expenditure" of public funds is involved. 3. Unless it is inconsistent with some other applicable law or regulation, a public employee is not prohibited from campaigning for or against a ballot proposition i September 13, 2001 Page 6 of I I on the employee's personal time. It should be clear that the activity is the individual's personal choice and is not tied to job performance in any way. 4. Public employees may contact fellow . employees, away from the office, to circulate petitions or to solicit one another for funds, volunteers, and other activity for and against a ballot proposition, but only under circumstances which strictly avoid the use of office time and public property. Officers and employees would be w ise to avoid soliciting subordinate employees because, under those circumstances, the subordinate employees may feel (no matter how carefully the campaign is conducted or the inquiry is phrased) that the superior is using improper influence. 5. Where public space is available on ,a nonrestricted basis to post signs, petitions, and advertisements, or to make speeches and hold meetings, public employees may use these "neutral public forum" spaces to express their own views, including their views on pending ballot propositions, assuming they are not otherwise violating RCW 42.17.130. However, it might well be a violation of the statute for public employees to use their positions to gain special advantage in the use of such "public forum" spaces, such as by signing up all the time for the use of a public auditorium before non - employees have had an equal opportunity to seek use of the same space, or by using their access to a public bulletin board to occupy the entire space with favored campaign material and leaving no space available for opposing material (or material relating to other matters). 6. Public agencies may conduct research into the likely results of the passage of a ballot proposition. Indeed, where the passage of the proposition would directly affect the agency's duties, an agency might be remiss for not conducting such research activity. However, it must be clear that the research is being conducted with the purpose of gathering the facts, is directly related to the ordinary conduct of the agency's business (is "normal and regular" for the agency), and is .not designed to support or oppose a candidate or ballot measure. I recommend that agencies avoid conducting research or assembling statistical data which they expect to be requested for use in connection with a campaign, unless they are satisfied that they would have undertaken the same research or statistical efforts for independent reasons, such as planning for contingencies. 7. Public agencies and public employees may supply public records in response to requests made by the supporters or opponents of candidates or ballot propositions. An agency should treat all campaigns fairly and equitably in responding to requests for public records. •. It is an obvious corollary that employees campaigning on their ow personal time should avoid stating or implying that they are campaigning on behalf of the public agency. `, • September 13, 2001 Page 7 of 1 1 • 8. Where two or more measures relate to the same subject, agencies may publish factual information showing the comparative effects of the measures, just as they could publish factual information showing the expected effect of a single measure. However, the agency may not use public facilities or property to favor one proposition over the other, any more than it could urge passage or defeat of both measures. - • • V. SOME HYPOTHETICAL QUESTIONS, AND SOME SUGGESTIONS ABOUT THE ANSWERS • Following are some hypothetical questions that might be asked about the statute and some comments in response. These situations are offered as a "flag" to the types of fact patterns that should trigger, further review and consideration of the statutes and regulations discussed in this memorandum. Readers are cautioned to review current PDC regulations and guidelines in considering possible scenarios that may implicate the statute. Readers who are local officials or agency staff are also strongly encouraged to contact their agency's attorneys, local ethics boards (if the community has such a board) and PDC staff, before engaging in the conduct, if they have any questions about whether a particular course of action could result in a complaint to the PDC and/or a PDC enforcement action against the local entity or employees. 1. 1 serve by appointment on a commission that governs a local agency. I serve part -time and receive no compensation except for attending commission meetings. The other day, 1 attended a fund-raiser in support of an initiative measure that would, if approved put the commission on a much more solid financial footing. 1 attended at my own expense and made a contribution to the campaign, which was properly reported. During the announcements, the announcer, specifically against my request, introduced me to the crowd as "Vice Chair of the X Commission". 1 quickly pointed out that 1 was attending as a private citizen. W"as the use of my title a use of a 'public facility or property"? Unlike paper or ink or time, an officer's title cannot be measured or "expended" in any meaningful way. Knowledge that a particular candidate or ballot proposition is supported by "Commissioner X" may lend some weight or dignity to a campaign event or advertisement, or it may not. Thus, while it may be prudent to avoid using a position or title, primarily to avoid any implication that the agency • or its officers are "officially" supporting a particular candidate or proposition, the mere identification of a person by stating his/her title or position would not seem . to be a "use" of public facilities. However, it was wise for you to point out that you were attending in your private capacity in order to prevent any misunderstanding on that point. In the future, consult with your agency's attorneys or local ethics board to determine if there any local ethics rules that I otherwise limit use of your title. September 13, 2001 Page 8 of 11 2. The head of my agency, Q, is an elected executive officer who supports a ballot measure on his own time. A close friend wants to support the initiative both with financial contributions and volunteering time to the campaign. 1 do not know the address or telephone number of the campaign office. Would it be all right to send an office voice -mail or e-mail to Q. passing along my friend's name and suggesting that Q forward this information to the campaign? Remember that voice -mail and e-mail are both office property and facilities. While forwarding the information to Q seems a small thing, it involves both you and Q (Q involuntarily) in the use of office facilities for campaign activity. On your own time take the steps to find out how to put your friend directly in touch with the campaign without using office facilities. If you don't want to be involved even that much, suggest that your friend contact the campaign directly. A third possibility would be to pass the information along using your own paper and stamp and Q's home address. 3. Everyone in my work unit is a strong opponent of Ballot Measure B. We have all been involved in the anti -B campaign, and we have been carefitl not to use either our public agency time or any agency facilities, such as paper, computers, or copy machines, in our campaign work. We need to have a campaign meeting next weekend, and the organizers are having trouble finding a place for the meeting. Our agency has a large conference room which is not ordinarily open to the public but which will not be in use during the weekend. Can we offer the use of the room for the campaign meeting? Although office space is not "consumed" when used for a meeting (small amounts of heat and light notwithstanding), the use of a space not ordinarily available to the public leaves the definite impression that the campaign is benefiting from its use of a public space. The fact that your work unit is all involved in the campaign reinforces this unfortunate impression. In my opinion, using this particular space would violate RCW 42.17.130. If the conference room is generally open to the public, however, and is scheduled for the campaign on the same basis as anyone else could schedule it, the answer might be different. It still might be prudent to have the meeting somewhere else, just to avoid any question about misuse of public facilities. 4. I am the office manager for a local agency and 1 supervise about 50 employees. My close friend D is a drafter of an initiative. May 1 invite all niv office to a Saturday morning event at my home where they can meet D and will have the opportunity to contribute to the campaign? Extreme caution is advised. For the obvious points first, avoid the use of office space, office paper, e-mail, voicemail, or any other office facility for the • September 13, 2001 Paue 9 of 1 1 invitations. Employee mailing lists are also public facilities that may not be used for campaign purposes. Perhaps you know the phone numbers and addresses by heart, or can use publicly available sources such as telephone and e-mail directories to get the necessary information. Even then, remember that you supervise all of these employees. Will one or more misunderstand why they are invited to a campaign fundraiser at your home? Will they conclude, no matter how you protest otherwise, that they stand to gain your favor if .they support the initiative, or to lose your favor if they don't? Even if this is not strictly a violation of RCW 42.17.130., do you want to raise these issues and risk a complaint filed with the PDC? 5. My co- worker and I have strongly different political philosophies. During the last initiative campaign, she wore a large button promoting a position 1 find repugnant, and she placed a flier about the initiative in her workstation next to the pictures of her husband and her cat. Would it be appropriate for me to ask our supervisor to ban such overt displays this year? • Ethical and policy considerations must always be balanced against free speech rights and the legitimate interest of any employee in expressing her views and in • arranging her personal space. The courts and the ethics agencies have recognized that campaign buttons on clothing are a personal expression and do not violate the ethics statute. The use of personal assigned space in a workstation probably meets the same requirement The answer would likely be different if a) an employee's space or cubicle or work area is accessible or visible to members of the public, or b) an employee is using publicly visible space, such as a wall, window, or reception desk, which could leave the impression that the campaign is favored by the agency or its leadership. 6. Initiative 1 would, if approved by the people, repeal the tax that supports 90% of my agency's activities. The Legislature might replace some of the money if the tar was repealed but it is virtually certain that our agency's budget would be severely reduced. Can we use staff time and agency resources to assemble and publish a sheet that would just "show the facts' that is, that enactment of ' As a reminder, if there is a public records request for lists of names, your agency should review the public disclosure act's requirements in RCW 42.17, including RCW 42.17260(9) and RCW 42..17.3I0(I)(u). If a list is generally available as a public record, it cannot be denied to a person or group on the grounds that it might be used in a campaign. If the record is not generally available to the public, it may not be made "specially" available to or for a campaign. However, an employee's office or workspace may not be used under any circumstance as a distribution point for campaign literature or materials, such as posters, bumper stickers, fliers, buttons, or other campaign materials Likewise, an employee cannot distribute these materials in a public office, such as in hallways, office -to- office, or cubicle -to- cubicle. • • • . September 13, 2001 Page 10 of 11 Initiative. J would effectively end all of the popular programs my agency is involved with? As noted earlier, as part of their "normal and regular conduct," agencies can anticipate ballot measures by preparing contingency plans or by researching the possible effects of a measure for planning purposes. Your proposal goes considerably beyond that, though. The major flaw in your logic is to characterize as a "fact" your predicted outcome of the legislative session should the Initiative be approved. The Legislature would be free to replace the agency's funding; therefore, it is simply not a "fact" that the agency's programs would be eliminated. It is only speculation. There seems little purpose for the agency to indulge in such speculation, except to influence the election results. Perhaps the agency could publish a true "fact sheet" which, for instance, lists the current programs administered by the agency with its current budget. Perhaps the material also could point out the current source of the agency's budget without speculating what would happen if that funding source disappeared. VI. SUMMARY In closing, it is important to remember that the public is generally very sensitive to the use of public facilities or property on ballot propositions or initiatives and takes accusations of violations very seriously. Officers and employees who try to bump up against the "line" that divides lawful from unlawful conduct in this area may find, even if their conduct is eventually judged lawful, that their questionable activity has incited a public backlash against the very position they were attempting to advocate. As a result, public employees should walk a careful line to assure that the public is fully and adequately informed about the consequences of voting on a particular measure, without making unlawful use of public money or property to influence the result of the vote. Local agency staff and officers should consult closely with their legal counsel and local ethics boards on all activities relating to matters before the voters, and they should use utmost skill and care in expressing any comments on such matters. When in doubt, local agency staff and officers are encouraged to contact the PDC. VII. OTHER RESOURCES • Public Disclosure Commission Staff: (360) 753 -1111; toll -free 1- 877 -601 -2828; FAX: (360) 753 -1112; e -mail: pdc @pdc.wa.gov. • Public Disclosure Commission Written Information (PDC website is ww.pdc.wa.,ov -- See "Guide to the Law"): PDC regulations at WAC 390 -05 -271 (general applications of RCW 42.17.130) and 390 -05 -273 (definition of normal and regular conduct). • September 13, 2001 Page 11 of 11 PDC guidelines, including "Guidelines for Local Government Agencies, Including School Districts, In Election Campaigns" and "Guidelines for School Districts in Election Campaigns" (the latter is an updated specific publication for school districts; school personnel should also review RCW 28A.320.090, which addresses distribution of literature). PDC declaratory orders interpreting RCW 42.17.130 - - No. 1(RCW 42.17.130 would be violated by a legislator using public facilities or funds to prepare and distribute a newsletter expressing views in opposition to two ballot measures, or to make speeches or distribute legislative materials for the purposes of opposing such measures). - No. 2 (the production and mailing of a budget questionnaire at county expense during an election campaign would violate RCW 42.17.130 if it includes a cover page which is unrelated to the questionnaire and which draws special attention to a council member who is a candidate). - No. 4 (the use of a local agency's internal mailing systems for candidate endorsements would violate RCW 42.17.130). - No. 10 (unless express authority is granted by an independent Y P source, a local agency cannot promote a ballot proposition as "normal and regular conduct" of the agency, for to do so would be in violation of RCW 42.17.130). - No. 13 (a city is not prohibited by RCW 42.17.130 from organizing broadcasting a candidate forum where the purpose of the forum is to educate voters about the candidate for office, each candidate is provided an equal opportunity to participate, and the forum is presented in a fashion that is unbiased and nondiscriminatory with regard to all candidates). - No. 14 (an analysis of when and to what extent RCW 42.17.130 and RCW 42.17.190 affect a school district's ability to engage in activities relating to the support of or opposition to initiatives to the legislature). •