BILL REQ. #:  S-0336.4 

Read first time 01/27/2005.   Referred to Committee on Transportation.

     AN ACT Relating to city monorail transportation authorities; amending RCW 35.95A.050, 35.95A.110, 39.36.030, 35.95A.070, 35.95A.130, 82.44.065, and 82.44.120; adding new sections to chapter 35.95A RCW; adding a new section to chapter 46.16 RCW; adding a new section to chapter 82.44 RCW; creating a new section; 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 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;
     (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, financing, 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, financing, 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, financing, 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, financing, 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, financing, 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, financing, 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)) financing, 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 submit ballot propositions to the qualified electors of the authority area on one or more of the following issues, after a public hearing and adoption of a resolution by the governing body of the authority submitting the proposition for approval: (a) Amendments to the ordinance or petition creating the authority under RCW 35.95A.020 and 35.95A.030, including but not limited to an amendment regarding election of a majority of members of the governing body of the authority; and (b) the imposition of taxes and fees authorized under this chapter for the funding of additional monorail lines and associated public transportation facilities. A ballot proposition must be submitted at a specified general or special election occurring not less than forty-five days after the adoption of the resolution;
     (11) 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 make rules and regulations by resolution relating to elections held for the governing body of the authority that are consistent with the ordinance or petition creating the authority under RCW 35.95A.020 and 35.95A.030, 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 pay or secure the payment of contracts entered into under RCW 35.95A.050 or 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 contracts or bonds as ((herein)) authorized in this chapter, then as long as that pledge is in effect the legislature will not withdraw from the authority the authorization to levy and collect the tax or fee.

Sec. 6   RCW 39.36.030 and 1986 c 50 s 1 are each amended to read as follows:
     (1) Whenever it shall be necessary to compute the indebtedness of a taxing district for bonding or any other indebtedness purposes, taxes levied for the current year and cash on hand received for the purpose of carrying on the business of such taxing district for such current year shall be considered as an asset only as against indebtedness incurred during such current year which is payable from such taxes or cash on hand: PROVIDED, HOWEVER, That all taxes levied for the payment of bonds, warrants or other public debts of such taxing district, shall be deemed a competent and sufficient asset of the taxing district to be considered in calculating the constitutional debt limit or the debt limit prescribed by this chapter for any taxing district: PROVIDED, That the provisions of this section shall not apply in computing the debt limit of a taxing district in connection with bonds authorized pursuant to a vote of the electors at an election called prior to March 1, 1917.
     (2) If reductions in assessed valuation of property within a taxing district result in the outstanding indebtedness of the taxing district exceeding its statutory indebtedness limitations, the amount of such excess indebtedness shall not be included in the statutory indebtedness ceiling. Additional indebtedness that is subject to indebtedness limitations, other than refinancing indebtedness that does not increase the total amount of indebtedness, may not be issued by such a taxing district until its total outstanding indebtedness, including that which this subsection removes from the statutory indebtedness limitations, is below these limitations.
     (3) The calculation of outstanding indebtedness must include the initial principal amount of an issue and may not include interest that is currently payable or that compounds, accretes, appreciates, or accrues as a part of the amount payable at maturity or earlier redemption.
     (4) Nothing in this section authorizes taxing districts to incur indebtedness beyond constitutional indebtedness limitations.

Sec. 7   RCW 35.95A.070 and 2002 c 248 s 8 are each amended to read as follows:
     Every authority has the power to:
     (1) Levy excess levies upon the property included within the authority area, in the manner prescribed by Article VII, section 2 of the state Constitution and by RCW 84.52.052 for operating funds, capital outlay funds, and cumulative reserve funds;
     (2) Issue general obligation bonds, not to exceed an amount, together with any outstanding nonvoter-approved general obligation indebtedness equal to one and one-half percent of the value of the taxable property within the authority area, as the term "value of the taxable property" is defined in RCW 39.36.015. An authority may additionally issue general obligation bonds, together with outstanding voter-approved and nonvoter-approved general obligation indebtedness, equal to two and one-half percent of the value of the taxable property within the authority area, as the term "value of the taxable property" is defined in RCW 39.36.015, when the bonds are approved by three-fifths of the qualified electors of the authority at a general or special election called for that purpose and may provide for the retirement thereof by levies in excess of dollar rate limitations in accordance with the provisions of RCW 84.52.056. These elections will be held as provided in RCW 39.36.050;
     (3) Issue revenue bonds payable from any revenues other than taxes levied by the authority, and to pledge those revenues for the repayment of the bonds. Proceeds of revenue bonds may only be expended for the costs of public monorail transportation facilities, for financing costs, and for capitalized interest during construction plus six months thereafter. The bonds and warrants will be issued and sold in accordance with chapter 39.46 RCW.
     No bonds issued by an authority are obligations of any city, county, or the state of Washington or any political subdivision thereof other than the authority, and the bonds will so state, unless the legislative authority of any city or county or the legislature expressly authorizes particular bonds to be either guaranteed by or obligations of its respective city or county or of the state.
     The maximum term of any general obligation or revenue bond issue is the greater of forty years or one hundred twenty percent of the average reasonably expected economic life of the property or improvements being financed with the issue, as determined by the governing body of the authority.

Sec. 8   RCW 35.95A.130 and 2002 c 248 s 14 are each amended to read as follows:
     The special excise tax imposed under RCW 35.95A.080(1) will be collected at the same time and in the same manner as relicensing tab fees under RCW 46.16.0621 and 35.95A.090. Every year on January 1st, April 1st, July 1st, and October 1st the department of licensing shall remit special excise taxes collected on behalf of an authority, back to the authority, at no cost to the authority. In order to ensure consistency of valuation by any taxing district authorized to levy a special motor vehicle excise tax, valuation of motor vehicles for purposes of the special excise tax imposed under RCW 35.95A.080(1) must be ((consistent with chapter 82.44 RCW)) performed under section 10 of this act.

NEW SECTION.  Sec. 9   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. If the department or its agents have a reasonable basis to believe that a vehicle registered at an address outside any taxing district is 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 that the applicant's primary residence is not in the taxing district;
     (b) Establishes eligibility of the applicant for an exemption from the special motor vehicle excise tax; or
     (c) Tenders payment of the applicable special motor vehicle excise tax, including, but not limited to, any such tax that should have been paid with respect to previous renewal periods, files a change of address under RCW 46.20.205, and pays a surcharge of fifteen dollars.
     (2) The surcharge will be allocated as follows:
     (a) Ten dollars must be deposited in the motor vehicle fund to be used exclusively for the administrative costs of the department; and
     (b) Five dollars may be retained by the agent handling the renewal application to be used by the agent for the administration of this section.
     (3) If the department has a reasonable basis to believe that a vehicle registered at an address outside the boundaries of any taxing district is owned by a person whose primary residence address is in that taxing district, the department shall send to the person, at the time of renewal, a statement setting out the presumed address of residency, the taxing district to which the address relates, the amounts of special motor vehicle excise tax relating to the vehicle, and the surcharge to be collected.

NEW SECTION.  Sec. 10   A new section is added to chapter 82.44 RCW to read as follows:
     (1) For the purpose of determining the amount of special motor vehicle excise tax validly authorized and levied by any taxing district in this state, the value of a truck-type power or trailing unit shall be the latest purchase price of the vehicle, excluding applicable federal excise taxes, state and local sales or use taxes, transportation or shipping costs, or preparatory or delivery costs, multiplied by the following percentage based on year of service of the vehicle since last sale. The latest purchase year is considered the first year of service.

Sec. 11   RCW 82.44.065 and 1990 c 42 s 305 are each amended to read as follows:
     If the department determines a value for a motor vehicle under ((RCW 82.44.041)) section 10 of this act equivalent to a manufacturer's base suggested retail price or the value of a truck-type power or trailing unit under ((RCW 82.44.041(2))) section 10 of this act, any person who pays ((the)) a special motor vehicle excise tax ((under this chapter)) collected by the department for that vehicle may appeal the valuation to the department under chapter 34.05 RCW. If the taxpayer is successful on appeal, the department shall refund the excess tax in the manner provided in RCW 82.44.120.

Sec. 12   RCW 82.44.120 and 2003 c 53 s 403 are each amended to read as follows:
     (1) Whenever any person has paid a motor vehicle license fee, and together therewith has paid ((an)) a special motor vehicle excise tax ((imposed under the provisions of this chapter)) collected by the department, and the director determines that the payor is entitled to a refund of the entire amount of the license fee as provided by law, then the payor shall also be entitled to a refund of the entire excise tax collected under the provisions of this chapter. In case the director determines that any person is entitled to a refund of only a part of the license fee so paid, the payor shall be entitled to a refund of the difference, if any, between the excise tax collected and that which should have been collected.
     (2) In case no claim is to be made for the refund of the license fee or any part thereof, but claim is made by any person that he or she has paid an erroneously excessive amount of excise tax, the department shall determine in the manner generally provided in this chapter the amount of such excess, if any, that has been paid and shall certify to the state treasurer that such person is entitled to a refund in such amount.
     (3) In any case where due to error, a person has been required to pay an excise tax ((pursuant to this chapter)) collected by the department and a vehicle license fee pursuant to Title 46 RCW which amounts to an overpayment of ten dollars or more, such person shall be entitled to a refund of the entire amount of such overpayment, regardless of whether or not a refund of the overpayment has been requested. Conversely, if due to error, the department or its agents has failed to collect the full amount of the license fee and excise tax due, which underpayment is in the amount of ten dollars or more, the department shall charge and collect such additional amount as will constitute full payment of the tax.
     (4) Any claim for refund of an erroneously excessive amount of excise tax or overpayment of excise tax with a motor vehicle license fee must be filed with the director within three years after the claimed erroneous payment was made.
     (5) If the department approves the claim it shall notify the state treasurer to that effect, and the treasurer shall make such approved refunds from the general fund and the funds that would otherwise be payable to the taxing district that has levied any special motor vehicle excise tax and shall mail or deliver the same to the person entitled thereto.
     (6) Any person making any false statement under which he or she obtains any amount of refund to which he or she is not entitled under the provisions of this section is guilty of a gross misdemeanor.

NEW SECTION.  Sec. 13   All prior actions by a city transportation authority and the department of licensing that are consistent with the provisions of this act are ratified and confirmed.

NEW SECTION.  Sec. 14   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. 15   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.