BILL REQ. #:  H-0305.1 

Read first time 01/24/2003.   Referred to Committee on Transportation.

     AN ACT Relating to agreements with cities, towns, and counties for traffic control on private roads by local law enforcement personnel; and adding a new section to chapter 46.61 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 46.61 RCW to read as follows:
     (1) A city, town, or county may exercise traffic control jurisdiction over any private road or street, or over any limited access road owned or controlled by a special district, that is located within the boundaries of the city, town, or county, if the city, town, or county and the party or parties owning or controlling such road or street provide by written agreement as approved by the governing body of the city, town, or county that the city, town, or county may provide traffic control jurisdiction over the roads or streets encompassed by such agreement. Pursuant thereto:
     (a) Provision for reimbursement for actual costs of traffic control and enforcement and for liability insurance and indemnification by any party or parties, and such other terms as are mutually agreeable, may be included in such an agreement.
     (b) The traffic control jurisdiction provided for under this section shall be in addition to or concurrent with any jurisdictional authority otherwise exercised by the city, town, or county under law, and nothing in this section shall be construed to limit or remove any such jurisdictional authority. Such jurisdictional authority includes regulation of access to such road or street by security devices or personnel.
     (2) If the chief law enforcement official of the city or town, or the sheriff of the county, is an elected official, prior to entering into any written agreement which provides the city, town, or county traffic control jurisdiction over any private road or street, or over any limited access road owned or controlled by a special district, the governing body of the city, town, or county shall consult with the elected chief law enforcement official or sheriff. No such agreement shall take effect unless the agreement is approved in writing by the elected chief law enforcement officer or sheriff.