BILL REQ. #:  S-1574.4 

READ FIRST TIME 02/16/05.   

     AN ACT Relating to city monorail transportation authorities; amending RCW 35.95A.050, 35.95A.110, 39.46.040, and 35.95A.030; adding new sections to chapter 35.95A RCW; adding a new section to chapter 46.16 RCW; prescribing penalties; and declaring an emergency.

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

Sec. 1   RCW 35.95A.050 and 2002 c 248 s 5 are each amended to read as follows:
     Every authority has the following powers:
     (1) To acquire by purchase, condemnation, gift, or grant and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of public monorail transportation facilities, including passenger terminal and parking facilities and properties, and other facilities and properties as may be necessary for passenger and vehicular access to and from public monorail transportation facilities, together with all lands, rights of way, and property within or outside the authority area, and together with equipment and accessories necessary or appropriate for these facilities, except that property, including but not limited to other types of public transportation facilities, that is owned by the state or any city, county, county transportation authority, public transportation benefit area, metropolitan municipal corporation, or regional transit authority may be acquired or used by an authority only with the consent of the public entity owning the property. The entities are authorized to convey or lease property to an authority or to contract for their joint use on terms fixed by agreement between the entity and the authority. The right of eminent domain must be exercised by the authority under a resolution to the same extent, in the same manner, and by the same procedure as is or may be provided by law for cities of the first class, except insofar as those laws may be inconsistent with this chapter. However, the authority may acquire by eminent domain only such title or interest in the condemned property as is necessary to accomplish all acts needed to build and operate a public monorail transportation system;
     (2) To fix rates, tolls, fares, and charges for the use of facilities and to establish various routes and classes of service. Rates, tolls, fares, or charges may be adjusted or eliminated for any distinguishable class of users including, but not limited to, senior citizens and ((handicapped)) persons with disabilities;
     (3) To contract with the United States or any of its agencies, any state or any of its agencies, any metropolitan municipal corporation, and other ((country)) county, city, other political subdivision or governmental instrumentality, or governmental agency, or any private person, firm, or corporation for the purpose of receiving any gifts or grants or securing loans or advances for preliminary planning and feasibility studies((, or));
     (4) Notwithstanding the provisions of any law to the contrary, and in addition to any other authority provided by law, to contract with parties including but not limited to the United States or any of its agencies, any state or any of its agencies, any metropolitan municipal corporation, any other county, city, other political subdivision or governmental instrumentality, or governmental agency, or any private person, firm, or corporation for the design, construction, operation, or maintenance of public monorail transportation facilities as follows:
     (a) ((Notwithstanding the provisions of any law to the contrary, and in addition to any other authority provided by law,)) The governing body of a city transportation authority may contract with one or more ((vendors)) parties for the design, construction, operation, or maintenance, or other service related to the development of a monorail public transportation system including, but not limited to, monorail trains, operating systems and control equipment, guideways, and pylons, together with the necessary passenger stations, terminals, parking facilities, and other related facilities necessary and appropriate for passenger and vehicular access to and from the monorail train.
     (b) If the governing body of the city transportation authority decides to proceed with the consideration of qualifications or proposals for services from qualified ((vendors)) parties, the authority must publish notice of its requirements and request submission of qualifications statements or proposals. The notice must be published in the official newspaper of the city creating the authority at least once a week for two weeks, not less than sixty days before the final date for the submission of qualifications statements or proposals. The notice must state in summary form: (i) The general scope and nature of the design, construction, operation, maintenance, or other services being sought related to the development of the proposed monorail, tram, or trolley public transportation system; (ii) the name and address of a representative of the city transportation authority who can provide further details; (iii) the final date for the submission of qualifications statements or proposals; (iv) an estimated schedule for the consideration of qualifications statements or proposals((, the)) and selection ((of vendors)) among them, and the negotiation of a contract or contracts for services; (v) the location of which a copy of any requests for qualifications statements or requests for proposals will be made available; and (vi) the selection criteria established by the governing body of the authority ((to select a vendor or vendors)), which may include, but is not limited to, ((the vendor's)) prior experience, including design, construction, operation, or maintenance of other similar public transportation facilities, ((respondent's)) management capabilities, proposed project schedule, availability and financial resources, costs of the services to be provided, nature of facility design proposed ((by the vendors)), system reliability, performance standards required for the facilities, compatibility with existing public transportation facilities operated by the authority or any other public body or other providers of similar services to the public, project performance guarantees, penalties, and other enforcement provisions, environmental protection measures to be used ((by the vendor)), consistency with the applicable regional transportation plans, and the proposed allocation of project risks.
     (c) If the governing body of the city transportation authority decides to proceed with the consideration of qualifications statements or proposals submitted ((by vendors)), it may designate a representative or representatives to evaluate the ((vendors)) parties who submitted qualifications statements or proposals, request clarifications, and conduct interviews and discussions regarding qualifications or proposals with one or more ((vendors)) parties. The governing body or its representative may request submission of qualifications statements and may later request more detailed proposals from one or more ((vendors)) parties who have submitted qualifications statements, or may request detailed proposals without having first received and evaluated qualifications statements. The governing body or its representative will evaluate the qualifications or proposals, as applicable. If two or more ((vendors)) parties submit qualifications or proposals that meet the criteria established by the governing body of the authority, ((discussions and)) interviews must be held with at least two ((vendors)) parties. Any revisions to a request for qualifications or request for proposals must be made available to all ((vendors)) parties then under consideration by the governing body of the authority and must be made available to any other person who has requested receipt of that information.
     (d) Based on the criteria established by the governing body of the authority, the representative will recommend to the governing body a ((vendor or vendors)) party or parties that are initially determined to be the best qualified to provide one or more of the design, construction, operation, or maintenance, or other service related to the development of the proposed monorail public transportation system.
     (e) The governing body of the authority or its representative may attempt to negotiate a contract with the ((vendor or vendors)) party or parties selected for one or more of the design, construction, operation, or maintenance, or other service related to the development of the proposed monorail public transportation system on terms that the governing body of the authority determines to be fair and reasonable and in the best interest of the authority. If the governing body, or its representative, is unable to negotiate a contract with any one or more of the ((vendors)) parties, first selected on terms that it determines to be fair and reasonable and in the best interest of the authority, negotiations with any one or more of the ((vendors)) parties, must be terminated or suspended and another qualified ((vendor or vendors)) party or parties may be selected in accordance with the procedures set forth in this section. If the governing body decides to continue the process of selection, negotiations will continue with a qualified ((vendor or vendors)) party or parties in accordance with this section at the sole discretion of the governing body of the authority until an agreement is reached with one or more qualified ((vendors)) parties, or the process is terminated by the governing body. The process may be repeated until an agreement is reached.
     (f) Prior to entering into a contract ((with a vendor)) under this subsection (4), the governing body of the authority must make written findings, after holding a public hearing on the proposal, that it is in the public interest to enter into the contract, that the contract is financially sound, and that it is advantageous for the governing body of the authority to use this method for awarding contracts for one or more of the design, construction, ((or)) operation, or maintenance of the proposed monorail public transportation system as compared to all other methods of awarding such contracts.
     (g) Each contract under this subsection (4) must include a project performance bond or bonds or other security by the vendor.
     (h) The provisions of chapters 39.12 and 39.19 RCW apply to a contract entered into under this ((section as if the public transportation systems and facilities were owned by a public body)) subsection (4).
     (i) The ((vendor)) selection process permitted by this ((section)) subsection (4) is ((supplemental)) alternative to and is not construed as a repeal of or limitation on any other authority granted by law((.));
     (((j))) (5) To contract((s)) for the construction of facilities, other than contracts ((for facilities to be provided by the selected vendor,)) procured under subsection (4) of this section and contracts with an estimated cost ((greater)) less than two hundred thousand dollars ((must be awarded after)), through a competitive bid process consistent with chapter 39.04 RCW or ((awarded)) through an alternative public works contracting procedure consistent with chapter 39.10 RCW;
     (((4))) (6) To contract with the United States or any of its agencies, any state or any of its agencies, any metropolitan municipal corporation, any other county, city, other political subdivision or governmental instrumentality, any governmental agency, or any private person, firm, or corporation for the use by either contracting party of all or any part of the facilities, structures, lands, interests in lands, air rights over lands, and rights of way of all kinds which are owned, leased, or held by the other party and for the purpose of planning, designing, constructing, operating any public transportation facility, or performing any service related to transportation which the authority is authorized to operate or perform, on terms as may be agreed upon by the contracting parties;
     (((5))) (7) To acquire any existing public transportation facility by conveyance, sale, or lease. In any acquisition from a county, city, or other political subdivision of the state, the authority will receive credit from the county or city or other political subdivision for any federal assistance and state matching assistance used by the county or city or other political subdivision in acquiring any portion of the public transportation facility. Upon acquisition, the authority must assume and observe all existing labor contracts relating to the public transportation facility and, to the extent necessary for operation of the public transportation facility, all of the employees of the public transportation facility whose duties are necessary to efficiently operate the public transportation facility must be appointed to comparable positions to those which they held at the time of the transfer, and no employee or retired or pensioned employee of the public transportation facility will be placed in any worse position with respect to pension seniority, wages, sick leave, vacation, or other benefits than he or she enjoyed as an employee of the public transportation facility prior to the acquisition. Furthermore, the authority must engage in collective bargaining with the duly appointed representatives of any employee labor organization having existing contracts with the acquired facility and may enter into labor contracts with the employee labor organization;
     (((6))) (8) To contract for, participate in, and support research, demonstration, testing, and development of public monorail transportation facilities, equipment, and use incentives, and have all powers necessary to comply with any criteria, standards, and regulations which may be adopted under state and federal law, and to take all actions necessary to meet the requirements of those laws. The authority has, in addition to these powers, the authority to prepare, adopt, and carry out a comprehensive public monorail plan and to make other plans and studies and to perform programs as the authority deems necessary to implement and comply with those laws;
     (((7))) (9) To establish local improvement districts within the authority area to finance public monorail transportation facilities, to levy special assessments on property specially benefited by those facilities, and to issue local improvement bonds to be repaid by the collection of local improvement assessments. The method of establishment, levying, collection, enforcement, and all other matters relating to the local improvement districts, assessments, collection, and bonds are as provided in the statutes governing local improvement districts of cities and towns. The duties devolving upon the city treasurer in those statutes are imposed on the treasurer of the authority;
     (((8))) (10) To exercise all other powers necessary and appropriate to carry out its responsibilities, including without limitation the power to sue and be sued, to own, construct, purchase, lease, add to, and maintain any real and personal property or property rights necessary for the conduct of the affairs of the authority, to enter into contracts, and to employ the persons as the authority deems appropriate. An authority may also sell, lease, convey, or otherwise dispose of any real or personal property no longer necessary for the conduct of the affairs of the authority.

NEW SECTION.  Sec. 2   A new section is added to chapter 35.95A RCW to read as follows:
     (1) An authority may establish, by resolution, a schedule of fines and penalties for civil infractions established in section 3 of this act. Fines established by a city transportation authority may not exceed those imposed for class 1 civil infractions under RCW 7.80.120.
     (2)(a) In order to monitor fare payment, an authority may designate persons authorized to exercise all the powers of an enforcement officer, defined in RCW 7.80.040. An authority may either employ personnel to monitor fare payment, or contract for those services, or both.
     (b) In addition to the specific powers granted to enforcement officers under RCW 7.80.050 and 7.80.060, persons designated to monitor fare payment may also take the following actions:
     (i) Request proof of payment from passengers;
     (ii) Request personal identification from a passenger who does not produce proof of payment when requested;
     (iii) Issue a citation conforming to RCW 7.80.070; and
     (iv) Request that a passenger leave the monorail train or station when the passenger has not produced proof of payment after being asked to do so by a person designated to monitor fare payment.
     (3) City transportation authorities shall keep, or cause to be kept, records of citations as prescribed by RCW 7.80.150. All civil infractions under section 3 of this act must be heard and determined by a district court for the county in which the infraction occurred as provided in RCW 7.80.010 (1) and (4).

NEW SECTION.  Sec. 3   A new section is added to chapter 35.95A RCW to read as follows:
     (1) Persons traveling on monorail trains operated by an authority shall pay the fare established by the authority. They shall produce proof of payment when requested by a person designated to monitor fare payment.
     (2) The following are civil infractions punishable according to the schedule of fines and penalties established by the authority under section 2 of this act:
     (a) Failure to pay or attempting to evade payment of the required fare;
     (b) Failure to display proof of payment when requested to do so by a person designated to monitor fare payment; and
     (c) Failure to leave the monorail train or station when requested to do so by a person designated to monitor fare payment.

NEW SECTION.  Sec. 4   A new section is added to chapter 35.95A RCW to read as follows:
     Nothing in section 2 or 3 of this act prevents law enforcement authorities from prosecuting for theft, trespass, or other criminal charge a person who:
     (1) Fails to pay or attempts to evade payment of the required fare on more than one occasion within a twelve-month period;
     (2) Fails to sign a notice of civil infraction;
     (3) Fails to leave the monorail train or station when requested to do so by a person designated to monitor fare payment; or
     (4) Acts or fails to act in violation of law.

Sec. 5   RCW 35.95A.110 and 2002 c 248 s 12 are each amended to read as follows:
     All taxes and fees levied and collected by an authority must be used solely for the purpose of paying all or any part of the cost of acquiring, designing, constructing, equipping, maintaining, or operating public monorail transportation facilities or contracting for the services thereof((,)); or to perform or pay or secure the performance or payment of any obligation under any contract authorized in this chapter; or to pay or secure the payment of all or part of the principal of or interest on any general obligation bonds or revenue bonds issued for authority purposes. Until expended, money accumulated in the funds and accounts of an authority may be invested in the manner authorized by the governing body of the authority, consistent with state law.
     If any of the revenue from any tax or fee authorized to be levied by an authority has been pledged by the authority to secure the payment of any bonds as ((herein)) authorized in this chapter, or if an authority has entered into any contract authorized in this chapter whose obligations directly or indirectly require the use of any of the revenue from any tax or fee authorized to be levied by that authority, then as long as that pledge or contract is in effect ((the legislature will not withdraw from the authority)), the authorization to levy and collect the tax or fee will not be withdrawn from the authority, and if the authority has agreed in any such contract to continue to levy and collect any taxes or assessments to the extent necessary to fund its obligations under that contract, then notwithstanding a negative vote under RCW 35.95A.120, an authority shall continue to exist for the purpose of continuing to levy and collect those taxes or assessments to that extent.

Sec. 6   RCW 39.46.040 and 1983 c 167 s 4 are each amended to read as follows:
     A local government authorized to issue bonds shall determine for the bond issue its amount, date or dates, terms not in excess of ((the)) forty years or any shorter maximum term otherwise provided in law, conditions, bond denominations, interest rate or rates, which may be fixed or variable, interest payment dates, maturity or maturities, redemption rights, registration privileges, manner of execution, price, manner of sale, covenants, and form, including registration as to principal and interest, registration as to principal only, or bearer. Registration may be as provided in RCW 39.46.030.

NEW SECTION.  Sec. 7   A new section is added to chapter 46.16 RCW to read as follows:
     (1) In order to obtain or renew a vehicle license, an applicant must satisfy all special motor vehicle excise tax obligations with respect to any taxing district in which the applicant primarily resides. In the case of a business, the taxing district in which the applicant primarily resides means the principal place in Washington from which the trade or business of the registered owner is directed, managed, or conducted. If the department or its agents and subagents have information indicating that a vehicle registered at an address outside any taxing district may be owned by a person whose primary residence address is in that taxing district, then the renewal application may be processed by the department or its agents only if the applicant:
     (a) Presents evidence reasonably satisfactory to the department or its agents and subagents that the applicant's primary residence is not in the taxing district;
     (b) Tenders payment of the applicable special motor vehicle excise tax for the registration year and files a change of address; or
     (c) Establishes an exemption from providing the primary residence address.
     (2) If the department has information indicating that a vehicle registered at an address outside the boundaries of any taxing district may be owned by a person whose primary residence or business address is in that taxing district, the department shall send to the person, with or before the renewal notice, a statement to the vehicle owner that the primary residence or business address must be verified to renew the vehicle license. The notice must describe the acceptable documentation and procedures to verify the primary residence or business address.

NEW SECTION.  Sec. 8   A new section is added to chapter 35.95A RCW to read as follows:
     To assure appropriate monorail transportation system plan and financial plan assumptions and to provide for review of monorail transportation system plan results, an expert review panel shall be appointed to provide independent technical review regarding development of any proposed monorail transportation system plan which is to be funded in whole or in part by the imposition of any voter-approved local option funding sources enumerated in this chapter.
     (1) The expert review panel shall consist of five to ten members who are recognized experts in relevant fields, such as transit operations, planning, emerging transportation technologies, engineering, finance, law, the environment, geography, economics, and political science.
     (2) The expert review panel shall be selected cooperatively by the chairs of the senate and house of representatives transportation committees, the secretary of the department of transportation, and the executive of the city in which a city transportation authority is located.
     (3) The chair of the expert review panel shall be designated by the appointing authorities.
     (4) The expert review panel shall serve without compensation, but shall be reimbursed for expenses according to RCW 43.03.050 and 43.03.060. Reimbursement must be paid from within the existing resources of a city transportation authority.
     (5) The expert review panel shall carry out the duties set forth in subsections (6) and (7) of this section until the date on which an election is held to consider a monorail transportation system and financing plan.
     (6) The expert review panel shall review all reports and plans and shall concentrate on costs, patronage, and financing evaluations.
     (7) The expert review panel shall provide timely reviews and comments on individual reports and study conclusions to the chairs of the senate and house of representatives transportation committees, the department of transportation, the executive of the city in which the city transportation authority is located, and the city transportation authority.
     (8) The city transportation authority shall contract for consulting services for expert review panels, within existing resources.

Sec. 9   RCW 35.95A.030 and 2002 c 248 s 3 are each amended to read as follows:
     (1) A city that undertakes to propose creation of an authority must propose the authority by ordinance of the city legislative body. The ordinance must:
     (a) Propose the authority area and the size and method of selection of the governing body of the authority, which governing body may be appointed or elected, provided that officers or employees of any single city government body may not compose a majority of the members of the authority's governing body;
     (b) Propose whether all or a specified portion of the public monorail transportation function will be exercised by the authority;
     (c) Propose an initial array of taxes to be voted upon by the electors within the proposed authority area; and
     (d) Provide for an interim governing body of the authority which will govern the authority upon voter approval of formation of the authority, until a permanent governing body is selected, but in no event longer than fourteen months.
     (2) An authority may also be proposed to be created by a petition setting forth the matters described in subsection (1) of this section, and signed by one percent of the qualified electors of the proposed authority area.
     (3) Upon approval by the qualified electors of the formation of the city transportation authority and any proposed taxes, either by ordinance or by petition as provided in this chapter, the governing body of an authority, or interim governing body, as applicable, will adopt bylaws determining, among other things, the authority's officers and the method of their selection, and other matters the governing body deems appropriate.
     (4) Before an authority may issue bonds, the governing body of the authority shall be composed entirely of members appointed by the legislative body of the city in which the authority is located.

NEW SECTION.  Sec. 10   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. 11   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 takes effect immediately.