BILL REQ. #:  S-0584.1 

Read first time 01/16/2003.   Referred to Committee on Highways & Transportation.

     AN ACT Relating to the transportation of persons with special needs; amending RCW 81.66.010, 81.66.020, 81.66.030, 81.66.040, and 81.66.050; and reenacting and amending RCW 46.74.010.

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

Sec. 1   RCW 46.74.010 and 1997 c 250 s 8 and 1997 c 95 s 1 are each reenacted and amended to read as follows:
     The definitions set forth in this section shall apply throughout this chapter, unless the context clearly indicates otherwise.
     (1) "Commuter ride sharing" means a car pool or van pool arrangement whereby one or more fixed groups not exceeding fifteen persons each including the drivers, and (a) not fewer than five persons including the drivers, or (b) not fewer than four persons including the drivers where at least two of those persons are confined to wheelchairs when riding, are transported in a passenger motor vehicle with a gross vehicle weight not exceeding ten thousand pounds, excluding special rider equipment, between their places of abode or termini near such places, and their places of employment or educational or other institutions, each group in a single daily round trip where the drivers are also on the way to or from their places of employment or educational or other institution.
     (2) "Flexible commuter ride sharing" means a car pool or van pool arrangement whereby a group of at least two but not exceeding fifteen persons including the driver is transported in a passenger motor vehicle with a gross vehicle weight not exceeding ten thousand pounds, excluding special rider equipment, between their places of abode or termini near such places, and their places of employment or educational or other institutions, where the driver is also on the way to or from his or her place of employment or educational or other institution.
     (3) "Ride sharing for persons with special transportation needs" means an arrangement whereby a group of persons with special transportation needs, and their attendants, is transported by a public social service agency or a private((,)) or private nonprofit transportation provider as defined in RCW 81.66.010(3) in a passenger motor vehicle as defined by the department to include small buses, cutaways, and modified vans not more than twenty-eight feet long: PROVIDED, That the driver need not be a person with special transportation needs.
     (4) "Ride-sharing operator" means the person, entity, or concern, not necessarily the driver, responsible for the existence and continuance of commuter ride sharing, flexible commuter ride sharing, or ride sharing for persons with special transportation needs. The term "ride-sharing operator" includes but is not limited to an employer, an employer's agent, an employer-organized association, a state agency, a county, a city, a public transportation benefit area, or any other political subdivision that owns or leases a ride-sharing vehicle.
     (5) "Ride-sharing promotional activities" means those activities involved in forming a commuter ride-sharing arrangement or a flexible commuter ride-sharing arrangement, including but not limited to receiving information from existing and prospective ride-sharing participants, sharing that information with other existing and prospective ride-sharing participants, matching those persons with other existing or prospective ride-sharing participants, and making assignments of persons to ride-sharing arrangements.
     (6) "Persons with special transportation needs" means those persons defined in RCW 81.66.010(4).

Sec. 2   RCW 81.66.010 and 1996 c 244 s 1 are each amended to read as follows:
     The definitions set forth in this section shall apply throughout this chapter, unless the context clearly indicates otherwise.
     (1) "Corporation" means a corporation, company, association, or joint stock association.
     (2) "Person" means an individual, firm, or a copartnership.
     (3) "Private((,)) or private nonprofit transportation provider" means any private((,)) or private nonprofit corporation providing transportation services for compensation solely to persons with special transportation needs.
     (4) "Persons with special transportation needs" means those persons, including their personal attendants, who because of physical or mental disability, income status, or age are unable to transport themselves or to purchase appropriate transportation.

Sec. 3   RCW 81.66.020 and 1979 c 111 s 5 are each amended to read as follows:
     No person or corporation, their lessees, trustees, receivers, or trustees appointed by any court, may operate as a private((,)) or private nonprofit transportation provider except in accordance with this chapter.

Sec. 4   RCW 81.66.030 and 1998 c 173 s 4 are each amended to read as follows:
     The commission shall regulate every private((,)) or private nonprofit transportation provider in this state but has authority only as follows: To issue certificates to such providers; to set forth insurance requirements; to adopt reasonable rules to insure that any vehicles used by such providers will be adequate for the proposed service; and to inspect the vehicles and otherwise regulate the safety of operations of each provider. The commission may charge fees to private((,)) or private nonprofit transportation providers, which shall be approximately the same as the reasonable cost of regulating such providers.

Sec. 5   RCW 81.66.040 and 1979 c 111 s 7 are each amended to read as follows:
     No private((,)) or private nonprofit transportation provider may operate in this state without first having obtained from the commission under the provisions of this chapter a certificate, but a certificate shall be granted to any private((,)) or private nonprofit transportation provider holding an auto transportation company certificate on September 1, 1979, upon surrender of the auto transportation company certificate. Any right, privilege, or certificate held, owned, or obtained by a private((,)) or private nonprofit transportation provider may be sold, assigned, leased, transferred, or inherited as other property only upon authorization by the commission. The commission shall issue a certificate to any person or corporation who files an application, in a form to be determined by the commission, which sets forth:
     (1) Satisfactory proof of its status as a private((,)) or private nonprofit corporation;
     (2) The kind of service to be provided;
     (3) The number and type of vehicles to be operated, together with satisfactory proof that the vehicles are adequate for the proposed service and that drivers of such vehicles will be adequately trained and qualified;
     (4) Any proposed rates, fares, or charges;
     (5) Satisfactory proof of insurance or surety bond, in accordance with RCW 81.66.050.
The commission may deny a certificate to a provider who does not meet the requirements of this section. Each vehicle of a private((,)) or private nonprofit transportation provider shall carry a copy of the provider's certificate.

Sec. 6   RCW 81.66.050 and 1979 c 111 s 8 are each amended to read as follows:
     The commission shall, in the granting of certificates to operate any private((,)) or private nonprofit transportation provider, require the owner or operator to first procure liability and property damage insurance from a company licensed to make liability insurance in the state of Washington or a surety bond of a company licensed to write surety bonds in the state of Washington on each vehicle used or to be used in transporting persons for compensation. The commission shall fix the amount of the insurance policy or policies or surety bond, giving due consideration to the character and amount of traffic, the number of persons affected, and the degree of danger which the proposed operation involves. Such liability and property damage insurance or surety bond shall be maintained in force on each vehicle while so used. Each policy for liability of property damage insurance or surety bond required herein, shall be filed with the commission and kept in full force and effect, and failure to do so shall be cause for the revocation of the certificate.