FINAL BILL REPORT

SSB 5591

                              C 224 L 89

BYSenate Committee on Transportation (originally sponsored by Senators Patterson, DeJarnatt and Sellar; by request of Department of Transportation)

Prescribing penalties for unfranchised use of highway right-of-way.

Senate Committee on Transportation

House Committe on Transportation

SYNOPSIS AS ENACTED

BACKGROUND:

Existing law (Chapter 47.44 RCW) requires any public or private entity who wants to locate a utility on state highway right-of-way to obtain a franchise or permit from the Department of Transportation (DOT).  The department estimates there are approximately 100 violations a year.  Cable TV and small utility companies appear to be the major violators.  Current law does not provide adequate penalties to deter use of state right-of-way by unauthorized utilities.

SUMMARY:

A civil penalty of $100 per calendar day is imposed on any utility that has not obtained a franchise or permit from DOT to locate on state highway right-of-way.  Imposition of the penalty begins on the 45th calendar day following notice by the department that the utility is in violation of the above requirement and continues until application is made for a franchise or permit or until the facility is removed.

The Department of Transportation (DOT) is required to give notice by certified mail, and the notice must contain sufficient information to identify the portion of right-of-way in question.

If the utility does not apply for a permit or franchise within 45 days of notice or the Department of Transportation determines that a facility constructed or maintained without a permit or franchise must be removed (and not granted a permit or franchise), the DOT may order removal of the facility, in a time period specified by the department, at the owner's expense.

VOTES ON FINAL PASSAGE:

     Senate   47    1

     House 96  0 (House amended)

     Senate   44    1 (Senate concurred)

EFFECTIVE:July 23, 1989