S-3383

AN ACT Relating to public transportation; amending RCW 35.58.140, 35.58.050, and 36.57A.050; adding new sections to chapter 35.58 RCW; adding a new chapter to Title 81 RCW; creating new sections; repealing RCW 35.58.120, 35.58.150, 35.58.280, 35.58.290, 35.58.300, 35.58.310, 36.56.010, 36.56.020, 36.56.030, 36.56.040, 36.56.050, 36.56.060, 36.56.070, 36.56.080, 36.56.090, 36.56.100, 36.56.110, 36.56.900, and 36.56.910; providing effective dates; and declaring an emergency.

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

PART I

METROPOLITAN MUNICIPAL CORPORATIONS

PERFORMING THE FUNCTION OF METROPOLITAN

PUBLIC TRANSPORTATION

NEW SECTION. Sec. 1. LEGISLATIVE INTENT. The legislature intends to provide a more effective means for the people of the populous metropolitan areas in the state to secure and enjoy the benefits of public transportation systems. These systems provide coordinated services and mobility across county and other jurisdictional boundaries in order that the proper growth and development of the metropolitan areas of the state may be assured and that the health and welfare of the people residing therein may be promoted.

To that end, the legislature finds that the governing structures of municipal corporations currently authorized to provide public transportation services within urbanized metropolitan areas should be restructured and a new authority created to provide more effective representation to the citizens of the metropolitan areas and to facilitate the development and coordination of regional public transportation services. Other essential public services are also appropriate for development on a coordinated basis within urbanized metropolitan areas.

Therefore the legislature declares that it is the public policy of the state of Washington to provide a means for public transportation agencies and cities, towns, and counties served by these agencies to cooperate within a regional transportation authority to ensure the most efficient development and integration of high capacity transportation systems and local public transportation services in ways that compliment comprehensive land use planning and the planning, development, and construction of highways, streets, and public transportation facilities. It is the further public policy of the state of Washington to provide and enhance the options available to citizens and local governments for the development of public services on a regional basis.

NEW SECTION. Sec. 2. COUNCIL. Metropolitan municipal corporations that are authorized as of July 1, 1992, to provide metropolitan public transportation are governed by a metropolitan council consisting of the following members:

(1) Three members appointed from the elected officers of the central county by the elected county executive or, if there is no elected county executive, by the chairperson of the board of commissioners or council of the central county which is subject to confirmation by a majority of the board of commissioners or council.

(2) Three members appointed from the elected officers of the central city by the elected mayor or, if there is no elected mayor, then by the chairperson of the city council of the central city, subject to confirmation by a majority of the council.

(3) Three members appointed from the component cities, other than the central city, to be selected by and from the mayors and councilmembers of those cities. The appointment process must consider the number of citizens residing within each city to facilitate, as much as practicable, proportionate representation. The mayors and councilmembers of all of the appointing cities shall meet within thirty days after July 1, 1992, to appoint the initial members representing component cities, and thereafter shall meet prior to July 1 of each even-numbered year at a date, time, and place to be fixed by resolution of the metropolitan council. The chairperson of the metropolitan council shall preside. After nominations are made, successive ballots shall be taken until three candidates each receive a majority of all votes cast.

(4) Three members who shall be nominated and elected at large to nonpartisan positions by and from voters residing in the unincorporated area of the central county as provided in section 3 of this act. Elections shall be held in conformance with the provisions of Title 29 RCW.

(5) For a metropolitan municipal corporation that is authorized to perform the function of metropolitan water pollution abatement, one additional member who is a commissioner of a sewer district or a water district that is operating a sewer system and is a component part of the metropolitan municipal corporation and who shall participate only in those council actions that relate to the performance of the function of metropolitan water pollution abatement. The commissioners of all sewer districts and water districts that are component parts of the metropolitan municipal corporation shall meet on the second Tuesday of June of each even-numbered year at seven o'clock p.m. at the office of the board of county commissioners or county council of the central county. After election of a chairperson, the commissioners shall make nominations to select a member to serve on the metropolitan council and take successive ballots for each candidate until one receives a majority of votes cast.

(6) One member appointed by the governor to represent the department of transportation who shall participate only in those council actions that relate to the performance of the function of metropolitan public transportation.

(7) One member, who shall be chairperson of the metropolitan council, selected by the other members of the council. The member may not hold a public office of or be an employee of a component city or component county of the metropolitan municipal corporation. The chairperson shall hold office until the second Tuesday in July of each even-numbered year and may, if reelected, serve more than one term.

NEW SECTION. Sec. 3. DIRECT ELECTION OF CERTAIN MEMBERS. (1) The three directly elected members shall be nominated and elected by and from voters residing in the unincorporated areas of the central county to four-year terms. The length of these terms is calculated from the first day of January in the year following the election. The initial directly elected councilmembers shall take office immediately after they are qualified as defined in RCW 29.01.135. Thereafter, each directly elected member of a metropolitan council is elected to a four-year term of office until a successor is elected, qualified, and assumes office in accordance with RCW 29.04.170.

(2) The initial directly elected members must be elected at the next general election occurring at least ninety days after July 1, 1992. Six candidates from the unincorporated area must be nominated at the regular primary election and the directly elected members must be elected at the general election.

(3) From July 1, 1992, until the taking of office by the qualified directly elected members, three members who reside in the unincorporated area of the central county appointed by the county executive or chairperson of the board of commissioners or council as the case may be, shall fill the positions subject to confirmation by a majority of the board or council.

NEW SECTION. Sec. 4. VACANCIES. A vacancy in the office of a member of the metropolitan council must be filled in the same manner as provided for the original appointed member. In the event of a vacancy of one of the members elected under the provisions of section 2(4) of this act, the remaining members elected under that provision shall appoint a person to fill the vacancy for the unexpired term.

Sec. 5. RCW 35.58.140 and 1971 ex.s. c 303 s 6 are each amended to read as follows:

Each member of a metropolitan council ((~~except those selected~~)) appointed under ((~~the provisions of RCW 35.58.120(1)(a), (5), (7), and (8)~~)) section 2 (1), (2), (3), (5), and (6) of this act, shall hold office at the pleasure of the body ((~~which selected him~~)) that appointed the member. Each member, ((~~who~~)) except members elected under section 2(4) of this act, shall hold office ex officio((,)) and may not hold office after ((he)) the member ceases to hold the position of elected county executive, mayor, commissioner, or councilman. The chairman shall hold office until the second Tuesday in July of each even-numbered year and may, if reelected, serve more than one term. Each member shall hold office until ((~~his~~)) the member's successor has been ((~~selected~~)) appointed as provided in this chapter.

Sec. 6. RCW 35.58.050 and 1974 ex.s. c 70 s 3 are each amended to read as follows:

A metropolitan municipal corporation shall have the power to perform any one or more of the following functions, when authorized in the manner provided in this chapter:

(1) Metropolitan water pollution abatement.

(2) Metropolitan water supply.

(3) Metropolitan public transportation.

((~~(4) Metropolitan garbage disposal.~~

~~(5) Metropolitan parks and parkways.~~

~~(6) Metropolitan comprehensive planning.~~))

PART II

REGIONAL SERVICES AUTHORITIES

NEW SECTION. Sec. 7. DEFINITIONS. The definitions in RCW 81.104.010 apply to this chapter unless the context clearly requires otherwise.

NEW SECTION. Sec. 8. REGIONAL SERVICES AUTHORITY FOR TRANSIT. (1) A metropolitan municipal corporation created after July 1, 1992, within a class AA county that is authorized to provide the function of metropolitan public transportation and contiguous public transportation benefit areas formed under chapter 36.57A RCW in adjacent counties shall appoint members to comprise a regional transit authority governed by a board as provided in section 9 of this act, within ninety days after July 1, 1992. The regional transit authority has the powers and responsibilities described in section 10 of this act and as otherwise provided by this chapter.

(2) The boundaries of the regional transit authority include all of the areas within the boundaries of its component metropolitan municipal corporation, public transportation benefit areas, city-owned transit systems, and county transportation authorities.

(3) After a regional transit authority is formed, additional contiguous metropolitan municipal corporations, public transportation benefit areas, city-owned transit systems, and county transportation authorities that provide public transportation may be annexed by ordinance or resolution of the legislative body governing the respective transit agencies concurred in by resolution of the regional transit authority.

(4) Elections to add areas contiguous to the area within the boundaries of the regional transit authority may be called by resolution of the regional transit authority, after consultation with affected transit agencies and with the concurrence of the legislative authority of an affected city or town if the area is incorporated, or with the concurrence of the county legislative authority if the area is unincorporated. Only those areas that would benefit from the services provided by the authority may be included and services or projects proposed for the area must be consistent with the authority's approved plans. The election may include a single ballot proposition providing for annexation to the regional transit authority and imposition of taxes already imposed in the existing authority.

NEW SECTION. Sec. 9. GOVERNING BOARD. The governing board of a regional transit authority consists of the following members:

(1) Three members appointed by and from each board of a public transportation benefit area included within the boundaries of the regional transit authority.

(2) One member appointed by the mayor from the elected officers of the city of a city-owned transit system included within the boundaries of the regional transit authority, subject to confirmation by a majority of the city council.

(3) One member appointed by the chairman of a county transportation authority from the officials constituting the county transportation authority of a county transportation authority included within the boundaries of the regional transit authority.

(4) Two members appointed by the governor to separately represent the department of transportation and the transportation commission.

(5) The metropolitan council of the metropolitan municipal corporation, except members that represent sewer districts or water districts operating sewer systems and the chair of the metropolitan council.

(6) One member, who shall be chairperson of the regional transit authority, to be appointed by the governor. The member may not hold public office or be an employee of a component municipal corporation of the authority. The chairperson shall hold office until the second Tuesday in July of each even-numbered year and may, if appointed, serve more than one term.

NEW SECTION. Sec. 10. PURPOSES AND POWERS. (1) The purpose of the regional transit authority is to implement a high capacity transit system for the urbanized areas within the jurisdictional boundaries of the authority as contemplated by chapter 81.104 RCW.

(2) The regional transit authority, for the purposes of planning, developing, and implementing a high capacity transportation system, has the authority to:

(a) Contract with the United States or its agencies, a state or its agencies, other municipal corporations, a county, city, special district, or governmental agency, and a private person, firm, or corporation, whether within or without the state, for the purpose of securing loans or advances, or for the study, planning, design, construction, or operation of high capacity transportation system facilities;

(b) Contract with a governmental agency or private person, firm, or corporation for the use by either contracting party of all or part of the facilities, structures, lands, interest in lands, air rights over lands, rights of way, or property interests of all kinds that are owned, leased, or held by either party and for the purposes of study, planning, financing, constructing, or operating a facility or performing a service that the regional transit authority may be authorized to provide, operate, or perform, on such terms as may be agreed to by the contracting parties;

(c) Contract for the procurement of goods and services, equipment, supplies, and construction on a competitive basis pursuant to such notice, bidder qualifications, bid conditions, and evaluation procedures as the regional transit authority determines to be in the best public interest;

(d) Sue and be sued in its corporate capacity in all courts and in all proceedings;

(e) Prepare, adopt, and carry out regional high capacity transportation plans and programs and perform or provide other studies and plans as may be necessary to implement a regional high capacity transportation system that is integrated with local public transportation systems;

(f) Acquire by purchase, gift, grant, lease, and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of high capacity transportation facilities and properties within or without the jurisdictional area of the authority, including systems of surface, underground, or overhead railways, tramways, buses, or other means of regional transportation except taxies, and including stations, passenger terminals, and parking facilities and properties, transportation centers, and other people-moving systems, facilities, and properties as may be necessary for passenger and vehicular access to and from such facilities, properties, and systems, together with all lands, rights of way, properties, equipment, and accessories for such facilities, properties, and systems. Public transportation facilities and properties that are owned by a city, county transportation authority, public transportation benefit area, or metropolitan municipal corporation may be acquired or used by the regional transit authority only with the consent of the municipal corporation that owns the facilities. Cities, county transportation authorities, public transportation benefit areas, and metropolitan municipal corporations performing public transportation services or functions may convey or lease the facilities to regional transit authorities on such terms as may be fixed by agreement between the regional transit authorities and the municipal corporations owning the facilities without submitting the matter to the voters of the municipal corporations;

(g) Plan, develop, and construct facilities necessary for a high capacity transportation system and acquire and condemn property therefor according to such design, review, public hearing, and review processes as may be adopted by the board of the authority;

(h) Acquire by condemnation lands, property rights, facilities, or equipment, whether within or without the jurisdictional area of the authority, that are necessary for the authority's purposes. The right of eminent domain must be exercised by the regional transit authority in the same manner and by the same procedure as required by law for cities of the first class, except when inconsistent with provisions of this chapter;

(i) Construct or maintain high capacity transportation facilities in, along, on, under, over, or through public streets, bridges, viaducts, and other public rights of way without first obtaining a franchise or street use permit from the county or city with jurisdiction over those rights of way. The facilities must be constructed and maintained in accordance with a city or county's building, fire, and safety codes for the construction, installation, and maintenance of similar facilities on public properties;

(j) Dispose of real or personal property, facilities, or equipment acquired or developed in connection with an authorized function of the authority that is no longer required for the purposes of the authority according to such procedures adopted by the board of the regional transportation authority and in state law;

(k) Adopt by resolution rules as are necessary or proper to provide high capacity transit services and provide both civil and criminal penalties for violation thereof. Actions to impose or enforce such penalties may be brought in a superior court of the state of Washington within the jurisdiction of the authority;

(l) Contract indebtedness and issue general obligation bonds and revenue bonds for its authorized purposes in accordance with RCW 35.58.450, 35.58.460, and 35.58.470 and as directed or approved by the governing board of the authority;

(m) Fix rates, tolls, fares, and charges for the use of high capacity transportation facilities and properties and expend the money collected for authorized high capacity transportation services and to establish various routes and classes of service. Fares or charges may be adjusted or eliminated for a distinguishable class of users including, but not limited to, senior citizens, persons of disability, and students;

(n) Participate fully in a federal or state program and to take actions necessary to receive grants, loans, or technical support under these programs;

(o) Establish local improvement districts under RCW 35.58.500;

(p) Borrow money, to make loans and advances, to issue warrants, and to invest its funds in accordance with RCW 35.58.480, 35.58.490, 35.58.510, and 35.58.520 and as directed or approved by the governing board of the authority;

(q) Receive gifts, grants, and endowments from public or private sources that may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the regional transit authority and spend gifts, grants, or endowments or any income from the public or private sources according to their terms; and

(r) Have and exercise all powers that are necessary to carry out the purposes of the regional transportation authority to develop and implement a high capacity transportation system.

NEW SECTION. Sec. 11. COOPERATION WITH LOCAL TRANSIT OPERATORS. (1) A regional transit authority, after consultation with local public transit agencies within the area of its jurisdiction, may define and distinguish high capacity transit system routes and services from those routes and services provided by local transit agencies including those of city-owned transit systems, county transportation authorities, public transportation benefit areas, and metropolitan municipal corporations. Following the definition by formal resolution of the board of the authority, the authority has the exclusive right to provide the high capacity transportation routes and services unless local transit agencies are authorized by the authority to provide the routes and services on terms mutually agreed between the authority and the local transit agency. Existing local transit agencies that become component agencies of the authority may continue to operate other routes, services, and facilities, to fix rates, tolls, fares, and charges for the use of such facilities, to determine schedules therefor, and to utilize their existing tax and other financial resources to provide these services.

(2) The authority may develop and operate local transit agency routes, services, and facilities or collect existing local transit taxes within a component local transit agency only with the consent of the legislative body of that agency.

NEW SECTION. Sec. 12. PLANNING CONSISTENCY. A regional transit authority shall ensure that planning for its high capacity transit system facilities is consistent with the planning requirements applicable to the authority in RCW 81.104.080 and 81.104.100, and in chapter 17, Laws of 1990 1st ex. sess.

NEW SECTION. Sec. 13. ORGANIZATION, NAME, AND VOTING. (1) Each member of the governing board shall be a voting member subject to limitations established by this chapter. Members may not vote by proxy. The board shall determine its own rules, order of business, and fiscal year, and shall provide by resolution for the manner and time of holding all regular and special meetings and for establishing a public record of its proceedings. A majority of all members of the board shall constitute a quorum for the transaction of business. A smaller number of members than a quorum may adjourn from time to time and may act on behalf of the board in any emergency as authorized by the board's rules of procedure. The name of the authority and corporate seal shall be as adopted by the governing board.

(2) The board shall approve actions by majority vote of the members in attendance. However, an affirmative vote of at least sixty percent of all board members is required for approvals of annual budgets and regional plans.

NEW SECTION. Sec. 14. CONSOLIDATION. (1) After a regional transit authority is formed under this chapter, a component metropolitan municipal corporation may be consolidated with the regional transportation authority if the metropolitan council adopts a resolution requesting consolidation and the authority's governing board adopts a resolution assuming the rights, powers, functions, and obligations of the metropolitan municipal corporation after public notice and hearings deemed appropriate by the authority's governing board. Upon the adoption of the resolutions, the regional transit authority shall establish an effective date to assume such rights, powers, functions, and obligations currently possessed by the metropolitan municipal corporation pursuant to chapter 35.58 RCW, including RCW 35.58.273 relating to levy and use of motor vehicle excise tax, and the power and authority to levy a sales and use tax pursuant to chapter 82.14 RCW, or other provision of state law.

(2) As of the effective date of any consolidation under this section, the authority shall become the regional services authority for transit and for those functions previously authorized by law to be performed by the consolidated metropolitan municipal corporation. Those members appointed to the governing board pursuant to section 9(1), (2), (3), and (4) of this act shall participate only in those board actions that relate to the performance of public transportation or high capacity transit. The authority may also be authorized under RCW 35.58.100 through 35.58.116 to perform additional functions and to provide additional public services as described in chapter 35.58 RCW, limited as provided in RCW 35.58.050.

(3) Upon assumption of the rights, powers, functions, and obligations of the metropolitan municipal corporation by the authority, the metropolitan council established pursuant to the provisions of RCW 35.58.120 through 35.58.160 is abolished and those provisions are inapplicable to the governing board of the authority, and the authority shall be vested with all rights, powers, duties, and obligations otherwise vested by law in the metropolitan council.

(4) Once the authority is vested with metropolitan council's rights, powers, duties, and obligations, all employees and personnel of the metropolitan municipal corporation who were under a personnel system pursuant to RCW 35.58.370 are incorporated within the authority's personnel system to perform their usual duties upon the same terms as formerly, without any loss of rights or benefits, but subject to any action after two years from the effective date of consolidation that may be appropriate in accordance with the laws and rules governing the authority's personnel system. All existing contracts and obligations of the transferred metropolitan municipal corporation, including existing collective bargaining agreements, remain in full force and effect and are performed by the authority. No transfer authorized by this chapter effects the validity of an official act performed by an official or employee of the metropolitan municipal corporation prior to the transfer as authorized by this chapter.

(5) A transfer of any right, power, function, or obligation of the metropolitan municipal corporation pursuant to this chapter does not impair or alter any existing rights acquired under the provisions of chapter 35.58 RCW, or any other provision of law relating to metropolitan municipal corporations, nor an action, activity, or proceeding validated under chapter 35.58 RCW, or a civil or criminal proceeding instituted under chapter 35.58 RCW, or a rule or order adopted under chapter 35.58 RCW, or an administrative action taken under chapter 35.58 RCW. The assumption of control of a metropolitan municipal function by the authority, or a transfer of rights, powers, functions, and obligations as provided in this chapter, does not impair or alter the validity of an act performed by the metropolitan municipal corporation or division thereof or an officer thereof prior of the assumption of such rights, powers, functions, and obligations by the authority as authorized by this chapter.

NEW SECTION. Sec. 15. DEBTS AND OBLIGATIONS. (1) In the event of consolidation as provided in section 14 of this act, the authority shall assume and agree to provide for the payment of all of the indebtedness of the metropolitan municipal corporation including the payment and retirement of outstanding general obligation and revenue bonds issued by the metropolitan municipal corporation. Until the indebtedness of a metropolitan municipal corporation assumed by the authority has been discharged, all property within the boundaries of the former metropolitan municipal corporation and the owners and occupants of that property, shall continue to be liable for taxes, special assessments, and other charges legally pledged to pay the indebtedness of the metropolitan municipal corporation. The authority shall assume the obligation of causing the payment of such indebtedness, collecting such taxes, assessments, and charges, and observing and performing the other contractual obligations of the metropolitan municipal corporation. The governing board of the authority shall act in the same manner as the metropolitan council of the metropolitan municipal corporation for the purpose of certifying the amount of property tax to be levied and collected, and may cause service and other charges and assessments to be collected from the property or owners or occupants thereof, enforce collection and perform all acts necessary to ensure performance of the contractual obligations of the metropolitan municipal corporation in the same manner and by the same means as if the property of the metropolitan municipal corporation had not been acquired by the authority.

(2) When an authority assumes the obligation of paying indebtedness of a metropolitan municipal corporation and if property taxes or assessments have been levied and service and other charges have accrued but have not been collected by the metropolitan municipal corporation prior to assumption, the taxes or assessments when collected belong and are paid to the authority and may be used by the authority so far as necessary for payment of the indebtedness of the metropolitan municipal corporation existing and unpaid on the date such authority assumed that indebtedness. Funds received by the authority that are collected for the purpose of paying bonded or other indebtedness of the metropolitan municipal corporation must be used to pay that indebtedness and for no other purpose until the indebtedness has been paid and retired or adequate provision has been made for payment and retirement. No transfer of property as provided in this chapter derogates from the claims or rights of the creditors of the metropolitan municipal corporation or impairs the ability of the metropolitan municipal corporation to respond to its debts and obligations.

Sec. 16. RCW 36.57A.050 and 1983 c 65 s 3 are each amended to read as follows:

((Within sixty days of the establishment of the boundaries of the public transportation benefit area the members of the county legislative authority and the elected representative of each city within the area shall provide for the selection of the governing body of such area, the public transportation benefit area authority, which shall consist of elected officials selected by and serving at the pleasure of the governing bodies of component cities within the area and the county legislative authority of each county within the area. If at the time a public transportation benefit area authority assumes the public transportation functions previously provided under the Interlocal Cooperation Act (chapter 39.34 RCW) there are citizen positions on the governing board of the transit system, those positions may be retained as positions on the governing board of the public transportation benefit area authority.

Within such sixty-day period, any city may by resolution of its legislative body withdraw from participation in the public transportation benefit area. The county legislative authority and each city remaining in the public transportation benefit area may disapprove and prevent the establishment of any governing body of a public transportation benefit area if the composition thereof does not meet its approval.

In no case shall the governing body of a single county public transportation benefit area be greater than nine members and in the case of a multicounty area, fifteen members. Those cities within the transportation benefit area and excluded from direct membership on the authority are hereby authorized to designate a member of the authority who shall be entitled to represent the interests of such city which is excluded from direct membership on the authority. The legislative body of such city shall notify the authority as to the determination of its authorized representative on the authority.

Each member of the authority is eligible to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and to receive compensation, as set by the authority, in an amount not to exceed forty-four dollars for each day during which the member attends official meetings of the authority or performs prescribed duties approved by the chairman of the authority. In no event may a member be compensated in any year for more than seventy-five days, except the chairman who may be paid compensation for not more than one hundred days: PROVIDED, That compensation shall not be paid to an elected official or employee of federal, state, or local government who is receiving regular full-time compensation from such government for attending meetings and performing prescribed duties of the authority.))

In the event a public transportation benefit area is included within a regional transit authority as provided in section 8 of this act, then one member representing the public transportation benefit area shall be directly elected to that position on a nonpartisan, at-large basis by voters within the authority at the next general election occurring at least ninety days after the effective date of this act. A current member of the board of the public transportation benefit area shall be considered nominated for the election unless they withdraw their name within sixty days prior to said election. The elected member shall serve a four-year term subject to the procedures for direct election provided in section 4 of this act. In the event of a vacancy in the position, the two remaining members appointed by the public transportation benefit area board shall appoint a new member from the current governing board to serve the unexpired term.

NEW SECTION. Sec. 17. COMPENSATION. Members of the regional transit authority are eligible to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060, and to receive compensation, as set by the authority, in an amount not to exceed fifty dollars for each day the member attends meetings of the authority or performs prescribed duties approved by the chairperson of the authority. In no event may a member be compensated more than one hundred eighty days in a calendar year. The authority may defer compensation or establish different maximum limits for members who are elected officials or employees of federal, state, or local governments who receive regular full-time compensation from such governments for attending meetings and performing prescribed duties of the authority.

NEW SECTION. Sec. 18. HIGH CAPACITY TRANSPORTATION SYSTEM DEVELOPMENT AND FINANCING. (1) After a regional transit authority is formed under section 8 of this act, it shall assume the role of a permanent regional high capacity transportation authority as provided in chapter 81.104 RCW and have the exclusive responsibility for system implementation within the jurisdictional area of the authority. Notwithstanding any other provision of chapter 81.104 RCW, the authority shall have the exclusive right, within its jurisdictional area, to operate or contract for commuter rail service as provided in RCW 81.104.120 and to submit authorizing propositions to the voters, and if approved, to impose the taxes authorized by RCW 81.104.150, 81.104.160, and 81.104.170, subject to the requirements or processes in RCW 81.104.100, 81.104.110, and 81.104.140.

(2) The authority shall be authorized to pledge revenues for bond retirement as provided in RCW 81.104.180 and to contract for collection of taxes as provided in RCW 81.104.190.

NEW SECTION. Sec. 19. LEGISLATIVE DIRECTIVE. (1) Sections 1 through 5 of this act are each added to chapter 35.58 RCW.

(2) Sections 7 through 15, 17, and 18 of this act shall constitute a new chapter in Title 81 RCW.

NEW SECTION. Sec. 20. HEADINGS. Part and section headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 21. SEVERABILITY. 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.

NEW SECTION. Sec. 22. EFFECTIVE DATES. Sections 4 through 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect April 1, 1992. The remaining sections of this act shall take effect July 1, 1992.

NEW SECTION. Sec. 23. REPEAL. The following acts or parts of acts are each repealed:

(1) RCW 35.58.120 and 1983 c 92 s 1, 1981 c 190 s 3, 1974 ex.s. c 70 s 5, 1971 ex.s. c 303 s 5, 1969 ex.s. c 135 s 1, 1967 c 105 s 3, & 1965 c 7 s 35.58.120;

(2) RCW 35.58.150 and 1984 c 44 s 1, 1967 c 105 s 5, & 1965 c 7 s 35.58.150;

(3) RCW 35.58.280 and 1965 c 7 s 35.58.280;

(4) RCW 35.58.290 and 1965 c 7 s 35.58.290;

(5) RCW 35.58.300 and 1965 c 7 s 35.58.300;

(6) RCW 35.58.310 and 1965 c 7 s 35.58.310;

(7) RCW 36.56.010 and 1991 c 363 s 72 & 1977 ex.s. c 277 s 1;

(8) RCW 36.56.020 and 1977 ex.s. c 277 s 2;

(9) RCW 36.56.030 and 1977 ex.s. c 277 s 3;

(10) RCW 36.56.040 and 1977 ex.s. c 277 s 4;

(11) RCW 36.56.050 and 1977 ex.s. c 277 s 5;

(12) RCW 36.56.060 and 1977 ex.s. c 277 s 6;

(13) RCW 36.56.070 and 1977 ex.s. c 277 s 7;

(14) RCW 36.56.080 and 1977 ex.s. c 277 s 8;

(15) RCW 36.56.090 and 1977 ex.s. c 277 s 9;

(16) RCW 36.56.100 and 1977 ex.s. c 277 s 10;

(17) RCW 36.56.110 and 1977 ex.s. c 277 s 11;

(18) RCW 36.56.900 and 1977 ex.s. c 277 s 14; and

(19) RCW 36.56.910 and 1977 ex.s. c 277 s 15.