S-0247.3 _______________________________________________
SENATE BILL 5007
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Senators Roach, Johnson, Long, Schow, Quigley, Drew, McAuliffe, C. Anderson, Rasmussen and Finkbeiner
Read first time 01/09/95. Referred to Committee on Transportation.
AN ACT Relating to approval of toll facilities; adding a new section to chapter 47.46 RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 47.46 RCW to read as follows:
The commission shall not approve any agreement under this chapter that involves a toll road or toll highway unless such toll facility is first approved by the voters of the legislative district or districts containing the toll facility as provided in this section. If a toll facility is proposed, an election may be called only upon the submission of a petition calling for an election to vote upon the approval of a toll facility equal in number to twenty percent of the votes cast at the last state general election within the legislative district or districts containing the toll facility. It shall be filed with the auditor of the county in which all, or the greatest portion, of the toll facility is located, and a copy of the petition shall be filed with the legislative body of the county or counties in which the toll facility is located. If the toll facility is located in more than a single county, the auditor of the county with whom the petition is filed shall act as the lead auditor and transmit a copy of the petition to the auditor of each other county within which a portion of the toll facility is located. The auditor or auditors shall examine the petition, and the auditor or lead auditor shall certify the sufficiency of the petition to the legislative authority of the county or counties.
If the signatures on the petition are certified as containing sufficient valid signatures, the lead auditor shall set a special election date for submission of such proposal to the voters of the legislative district or districts. The special election date that is so indicated shall be the next date for a special election provided under RCW 29.13.020 that is sixty or more days after the date the petition is certified. The county legislative authority of the county in which the petition was filed shall call the special election at the special election date so indicated by the auditor. The costs of conducting the election called for in the petition shall be a charge against the department of transportation, which may recover costs from the private entity undertaking the project.
Notice of the election shall particularly state the object of the election as prayed in the petition, and require the voters to cast ballots which shall contain the words "For Toll Facility on Highway . . ." or "Against Toll Facility on Highway . . ." or words equivalent thereto. The notice shall be published at least once a week for two weeks prior to the date of election in a newspaper or newspapers of general circulation within the limits of the legislative district or districts. Such notice shall be in addition to the notice required by general election law.
The commission may approve the toll facility if it is approved by a majority of the voters voting in the legislative district or districts containing the toll facility.
This section applies to any agreement under this chapter in existence on the effective date of this act.
NEW SECTION. Sec. 2. This act is 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 immediately.
--- END ---