The terms and
provisions of the compact referred to in RCW 81.96.010 are as
follows:
WESTERN REGIONAL SHORT-HAUL AIR
TRANSPORTATION COMPACT
Article I
PURPOSE
The party states recognize that short-haul air
transportation is essential to a balanced and efficient
transportation system in the West, meeting special needs created
by particular geographic and population patterns in both rural
and urban areas. They further recognize that it is not
economically feasible for the commercial airlines to provide a
full complement of short-haul air services or to explore fully
the capabilities and limitations of the various types and
locations of such services. They also recognize that careful
planning, experimentation, and testing are needed before
appropriate short-haul air transportation can be developed for
all the situations in which it would be beneficial to the economy
and general welfare of the western states. To meet this need,
the party states agree that a regional compact should be
established for the purpose of organizing and conducting a series
of demonstration programs to test the feasibility of new
short-haul air transportation concepts in the West.
Article II
REGIONAL COMMISSION
A. There is hereby established an agency of the party
states to be known as the Western Regional Short-Haul Air
Transportation Commission (hereinafter called the "Commission").
B. The Commission shall be composed of one member from each
party state and one federal member, if authorized by federal law,
who shall be the Secretary of Transportation or his designee. Each state member shall be appointed, suspended, or removed and
shall serve subject to and in accordance with the laws of the
state which he represents.
C. The state members shall each be entitled to one vote on
the Commission. No action of the Commission shall be binding
unless taken at a meeting at which a majority of all members
representing the party states are present, and unless a majority
of the total number of votes on the Commission are cast in favor
thereof. The federal member shall not be entitled to a vote on
the Commission unless authorized by a majority vote of the state
members. The state members may provide that decisions of the
Commission shall require the affirmative vote of the federal
member and of a majority of the state members, if such provision
is necessary in order to meet the requirements of federal law. In matters coming before the Commission, the state members shall,
to the extent practicable, consult with representatives of
appropriate local subdivisions within their respective states and
the federal member, if any, shall consult with the federal
departments and agencies having an interest in the subject
matter.
D. The state members of the Commission shall elect
annually, from among their number, a chairman and a vice
chairman. The state members may provide that the chairman so
elected shall be designated as the state cochairman and the
federal member shall be designated as the federal cochairman, if
such provision is necessary in order to meet the requirements of
federal law.
E. Each state member shall have an alternate appointed in
accordance with the laws of the state which he represents. The
federal member, if any, shall have an alternate appointed in
accordance with federal law. An alternate shall be entitled to
vote in the event of the absence, death, disability, removal, or
resignation of the state or federal member for whom he is an
alternate.
Article III
FUNCTIONS OF THE COMMISSION
A. It shall be the primary function of the Commission to
authorize and effect a series of demonstration programs to test
the feasibility of new short-haul air transportation concepts in
the West. To carry out this function, the Commission shall have
power to:
(1) Establish basic regional demonstration policy and
coordinate with federal policymakers where appropriate;
(2) Create a management plan and implement programs through
a suitable staff;
(3) Designate demonstration arenas and facilities;
(4) Select demonstration operators;
(5) Establish a funding plan for the demonstration programs
selected; and
(6) Establish means of monitoring and evaluating the
demonstration programs.
Article IV
ADMINISTRATIVE POWERS AND DUTIES
OF THE COMMISSION
A. The Commission shall adopt bylaws, rules, and
regulations for the conduct of its business and the performance
of its functions, and shall have the power to amend and rescind
such bylaws, rules, and regulations. The Commission shall
publish its bylaws, rules, and regulations in convenient form and
shall file a copy thereof, and shall also file a copy of any
amendment thereto, with the appropriate agency or officer in each
of the party states.
B. The Commission may accept, use, and dispose of gifts or
donations of services or property, real, personal, or mixed,
tangible or intangible, for any of its purposes and functions
under this compact.
C. The Commission may enter into and perform such
contracts, leases, cooperative agreements, or other transactions
as may be necessary in carrying out its functions and on such
terms as it may deem appropriate, with any department, agency, or
instrumentality of the United States or with any state, or any
political subdivision, agency, or instrumentality thereof, or
with any person, firm, association, or corporation.
D. In order to obtain information needed to carry out its
duties, the Commission may hold such hearings, sit and act at
such times and places, take such testimony, receive such
evidence, and print or otherwise reproduce and distribute so much
of its proceedings and reports thereon as it may deem advisable. The chairman of the Commission, or any member designated by the
Commission for the purpose, shall have authority to administer
oaths when it is determined by the Commission that testimony
shall be taken or evidence received under oath.
E. The Commission may arrange for the head of any federal,
state, or local department or agency to furnish to the Commission
such information as may be available to or procurable by such
department or agency, relating to the duties and functions of the
Commission.
F. The Commission annually shall make to the Governor of
each party state, a report covering the activities of the
Commission for the preceding year, and embodying such
recommendations as may have been adopted by the Commission, which
report shall be transmitted to the legislature of said state. The Commission may issue such additional reports as it may deem
desirable.
Article V
FINANCES
A. The members of the Commission shall serve without
compensation from the Commission, but the compensation and
expenses of each state member in attending Commission meetings
may be paid by the state he represents in accordance with the
laws of that state. All other expenses incurred by the
Commission shall be paid by the Commission.
B. The Commission shall submit periodically to the
executive head or designated officer of each party state a budget
of its estimated expenditures for such period as may be required
by the laws of that state for presentation to the legislature
thereof. Each such budget shall contain specific recommendations
of the amount or amounts to be appropriated by each of the party
states. The share to be paid by each party state shall be
determined by a majority vote of the state members of the
Commission. The federal member, if any, shall not participate or
vote in such determination. The costs shall be allocated
equitably among the party states in accordance with their
respective interests.
C. The Commission may meet any of its obligations in whole
or in part with funds available to it from the federal government
or other sources under Article IV(B) of this compact, provided
that the Commission takes specific action setting aside such
funds prior to the incurring of any obligation to be met in whole
or in part in this manner. Except where the Commission makes use
of funds available to it under Article IV(B) of this compact, the
Commission shall not incur any obligation prior to the allotment
of funds by the party states adequate to meet the same.
Article VI
PERSONNEL
A. The Commission may appoint and fix the compensation of
an Executive Director, who shall be responsible for the
day-to-day management of the operations conducted by the
Commission. The Executive Director shall act as
secretary-treasurer for the Commission and he, together with such
other personnel as the Commission may direct, shall be bonded in
such amounts as the Commission may require.
B. The Executive Director shall, with the approval of the
Commission, appoint and remove or discharge such technical,
clerical or other personnel on a regular, part-time, or
consulting basis as may be necessary for the performance of the
Commission's functions.
C. Officers and employees of the Commission shall be
eligible for social security coverage in respect to old age and
survivors' insurance provided the Commission takes such steps as
may be necessary pursuant to federal law to participate in such
program of insurance as a governmental agency or unit. The
Commission may establish and maintain or participate in such
additional programs of employee benefits as may be appropriate to
afford the officers and employees of the Commission terms and
conditions of employment similar to those enjoyed by employees of
the party states generally. The Commission shall not be bound by
any statute or regulation of any party state in the employment or
discharge of any officer or employee.
Article VII
RECORDS AND AUDIT
A. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of
the Commission shall be subject to the audit and accounting
procedures established under its bylaws. All receipts and
disbursements of funds handled by the Commission shall be audited
yearly by a certified or licensed public accountant and the
report of the audit shall be included in and become a part of the
annual report of the Commission.
B. The audit authorities of each of the party states and of
the appropriate federal departments and agencies, or any of their
duly authorized representatives, shall have access for the
purpose of audit and examination to any books, documents, papers,
and records of the Commission that are pertinent.
C. The Commission shall keep books and records in
compliance with federal requirements and standards where
necessary to qualify for federal assistance, including records
which fully disclose the amount and disposition of the proceeds
of federal assistance the Commission has received, the total cost
of the plan, program, or project or undertaking in connection
with which such assistance is given or used, and the amount and
nature of that portion of the cost of the plan, program, or
project or undertaking supplied by other sources, and such other
records as will facilitate an effective audit.
Article VIII
ELIGIBLE PARTIES, ENTRY INTO FORCE AND
WITHDRAWAL
A. Any or all of the states of Alaska, Arizona, California,
Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon,
Utah, Washington, and Wyoming shall be eligible to become party
to this compact.
B. As to any eligible party state, this compact shall
become effective when its legislature shall have enacted the same
into law; provided, that it shall not become initially effective
until enacted into law by 7 states.
C. Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal
shall take effect until one year after the Governor of the
withdrawing state has given notice to the Governors of all other
party states. No withdrawal shall affect any liability already
incurred by or chargeable to a party state prior to the time of
such withdrawal.
Article IX
CONSTRUCTION AND SEVERABILITY
It is intended that the provisions of this compact shall be
reasonably and liberally construed to effectuate its purposes. The provisions of this compact shall be severable and if any
phrase, clause, sentence, or provision of this compact is
declared to be contrary to the constitution of any party state or
of the United States, or the applicability thereof to any
government, agency, person or circumstance is held invalid, the
validity of the remainder of this compact and the applicability
thereof to any government, agency, person, or circumstance shall
not be affected thereby. If this compact shall be held contrary
to the constitution of any party state, the compact shall remain
in full force and effect as to the remaining states and in full
force and effect as to the state affected as to all severable
matters.