BP BHEAD INT H

AN ACT Relating to public transportation benefit areas; amending RCW 36.57.020 and 36.57A.110; adding new sections to chapter 36.57A RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. As an alternative to the process prescribed in RCW 36.57A.020 through 36.57A.040, the county legislative authority of a county with a population of four hundred thousand or more in which, as of January 1, 1994, there exists a public transportation benefit area established under this chapter and in which a city is operating a public transportation benefit area under chapter 35.95 RCW, may establish a new public transportation benefit area, including the entire county within its boundaries, under the process set forth in sections 2 and 3 of this act.

NEW SECTION. Sec. 2. The assumption of the rights, powers, functions, assets, liabilities, and obligations of the existing public transportation benefit area and the city with regard to its public transportation functions by the establishment of a new county-wide public transportation benefit area may be initiated by the adoption of an ordinance or a resolution, as the case may be, by the county legislative authority indicating its intention to conduct a hearing concerning establishment of a new public transportation benefit area. In the event the county legislative authority adopts such an ordinance or a resolution of intention, the ordinance or resolution shall set a time and place at which it will consider the proposed establishment of a new public transportation benefit area and shall state that all persons interested may appear and be heard. The ordinance or resolution of intention shall be published at least four times during the four weeks next preceding the scheduled hearing in newspapers of daily general circulation printed or published in the county.

At the time scheduled for the hearing on the ordinance or resolution of intention, the county legislative authority shall consider the establishment of a new county-wide public transportation benefit area to assume the rights, powers, functions, assets, liabilities, and obligations of the existing public transportation benefit area and the city with regard to its public transportation functions, and hear those appearing and all protests and objections to it. The county legislative authority may continue the hearing from time to time, not exceeding a total of ninety days in all.

NEW SECTION. Sec. 3. If, from the testimony given before the county legislative authority, it appears that the public interest or welfare would be satisfied by the establishment of a county-wide public transportation benefit area assuming the rights, powers, functions, assets, liabilities, and obligations of the existing public transportation benefit area and the city with regard to public transportation, the county legislative authority may declare that formation of a county-wide public transportation benefit area to be its intent.

The ordinance or resolution shall provide for a single ballot proposition to be submitted to the voters, for their approval or rejection, to authorize: (1) The establishment of a county-wide public transportation benefit area to assume the rights, powers, functions, assets, liabilities, and obligations of the existing public transportation area and the city with regard to its public transportation functions; (2) to provide that the county legislative authority is the ex officio public transportation benefit area authority; and (3) the new public transportation benefit area to impose taxes, at the rate specified, as provided for under state law.

If adopted and ratified by public vote, the public transportation benefit area authority established under the provisions of RCW 36.57A.050 and 36.57A.055 are abolished, and the provisions are inapplicable to the county, and the county legislative authority shall be vested with all rights, powers, duties, and obligations otherwise vested by law in the authority. However, RCW 36.57A.140 shall not apply to annexations to a public transportation benefit area established under this section.

Sec. 4. RCW 36.57.020 and 1974 ex.s. c 167 s 2 are each amended to read as follows:

Every county, except a county in which a metropolitan municipal corporation is performing the function of public transportation on May 5, 1974, or a county on or after January 1, 1995, having a population of four hundred thousand or more in which on January 1, 1994, a public transportation benefit area is operating under chapter 36.57A RCW and a city is operating a public transportation system under chapter 35.95 RCW, is authorized to create a county transportation authority which shall perform the function of public transportation. Such authority shall embrace all the territory within a single county and all cities and towns therein.

NEW SECTION. Sec. 5. On January 1, 1995, a county transportation authority operating in a county having a population of four hundred thousand or more in which on January 1, 1994, a public transportation benefit area is operating under chapter 36.57A RCW and a city is operating a public transportation system under chapter 35.95 RCW, shall be abolished.

Sec. 6. RCW 36.57A.110 and 1975 1st ex.s. c 270 s 21 are each amended to read as follows:

The public transportation benefit area shall have and exercise all rights with respect to the construction, acquisition, maintenance, operation, extension, alteration, repair, control, and management of passenger transportation which any component city shall have been previously empowered to exercise and ((~~such~~)) the powers shall not thereafter be exercised by ((~~such~~)) the component cities without the consent of the public transportation benefit area((~~: PROVIDED, That~~)). However, any city owning and operating a public transportation system on July 1, 1975 may continue to operate ((~~such~~)) the system within ((~~such~~)) the city until ((~~such~~)) the system shall have been acquired by the public transportation benefit area and a public transportation benefit area may not acquire ((~~such~~)) the system without the consent of the city council of ((~~such~~)) the city except if that system is to be incorporated into the county-wide public transportation benefit area as provided for in sections 1 through 3 of this act.

NEW SECTION. Sec. 7. Sections 1 through 3 of this act are each added to chapter 36.57A RCW.