BP BHEAD INT H [atlas:bill]

AN ACT Relating to deregulation of household movers; amending RCW 81.80.070, 81.80.130, 81.80.140, and 81.80.330; and repealing RCW 81.80.150, 81.80.175, 81.80.220, and 81.80.230.

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

Sec. 1. RCW 81.80.070 and 1963 c 242 s 1 are each amended to read as follows:

No "common carrier," "contract carrier," or "temporary carrier" shall operate for the transportation of property for compensation in this state without first obtaining from the commission a permit so to do. Permits heretofore issued or hereafter issued to any carrier, shall be exercised by said carrier to the fullest extent so as to render reasonable service to the public. ((Applications for common or contract carrier permits or extensions thereof shall be on file for a period of at least thirty days prior to the granting thereof unless the commission finds that special conditions require the earlier granting thereof.))

A permit or extension thereof shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the services proposed and conform to the provisions of this chapter and the requirements, rules, and regulations of the commission ((thereunder, and that such operations will be consistent with the public interest, and, in the case of common carriers, that the same are or will be required by the present or future public convenience and necessity, otherwise such application shall be denied)).

Nothing contained in this chapter shall be construed to confer upon any person or persons the exclusive right or privilege of transporting property for compensation over the public highways of the state.

Sec. 2. RCW 81.80.130 and 1961 c 14 s 81.80.130 are each amended to read as follows:

The commission shall supervise and regulate every "common carrier" in this state; ((~~make, fix, alter, and amend, just, fair, reasonable, minimum, maximum, or minimum and maximum, rates, charges, classifications, rules, and regulations for all "common carriers";~~)) regulate the accounts, service, and safety of operations thereof; require the filing of reports and other data thereby; and supervise and regulate all "common carriers" in all other matters affecting their relationship with competing carriers of every kind and the shipping and general public((: PROVIDED, The commission may by order approve rates filed by common carriers in respect to certain designated commodities and services when, in the opinion of the commission, it is impractical for the commission to make, fix, or prescribe rates covering such commodities and services)).

Sec. 3. RCW 81.80.140 and 1961 c 14 s 81.80.140 are each amended to read as follows:

The commission is hereby vested with power and authority, and it is hereby made its duty, to supervise and regulate every "contract carrier" in this state; ((~~to fix, alter and amend, just, fair and reasonable classifications, rules and regulations and minimum rates and charges of each such "contract carrier";~~)) to regulate the account, service and safety of operations thereof; and require the filing of reports and of other data thereby; and to supervise and regulate such "contract carriers" in all other matters affecting their relationship with both the shipping and the general public.

Sec. 4. RCW 81.80.330 and 1995 c 272 s 5 are each amended to read as follows:

The commission is hereby empowered to administer and enforce all provisions of this chapter and to inspect the vehicles, books, and documents of all "motor carriers" ((~~and the books, documents, and records of those using the service of the carriers for the purpose of discovering all discriminations and rebates~~)) and other information pertaining to the enforcement of this chapter and shall prosecute violations thereof. The commission shall employ such auditors, inspectors, clerks, and assistants as it may deem necessary for the enforcement of this chapter. The Washington state patrol shall perform all motor carrier safety inspections required by this chapter, including terminal safety audits, except for (1) those carriers subject to the economic regulation of the commission, or (2) a vehicle owned or operated by a carrier affiliated with a solid waste company subject to economic regulation by the commission. The attorney general shall assign at least one assistant to the exclusive duty of assisting the commission in the enforcement of this chapter, and the prosecution of persons charged with the violation thereof. It shall be the duty of the Washington state patrol and the sheriffs of the counties to make arrests and the county attorneys to prosecute violations of this chapter.

NEW SECTION. Sec. 5. The following acts or parts of acts are each repealed:

(1) RCW 81.80.150 and 1993 c 97 s 4, 1981 c 116 s 2, 1973 c 115 s 11, & 1961 c 14 s 81.80.150;

(2) RCW 81.80.175 and 1963 c 242 s 5;

(3) RCW 81.80.220 and 1961 c 14 s 81.80.220; and

(4) RCW 81.80.230 and 1980 c 132 s 2 & 1961 c 14 s 81.80.230.