SENATE BILL REPORT
SB 5298


This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported By Senate Committee On:
Transportation, February 28, 2007

Title: An act relating to the regulation of transportation providers.

Brief Description: Modifying provisions concerning transportation providers.

Sponsors: Senators Haugen and Swecker; by request of Utilities & Transportation Commission.

Brief History:

Committee Activity: Transportation: 2/20/07, 2/28/07 [DP, w/oRec].


SENATE COMMITTEE ON TRANSPORTATION

Majority Report: Do pass.Signed by Senators Haugen, Chair; Marr, Vice Chair; Murray, Vice Chair; Swecker, Ranking Minority Member; Berkey, Clements, Delvin, Eide, Jacobsen, Kastama, Kauffman, Kilmer, Sheldon and Spanel.

Minority Report: That it be referred without recommendation.
   Signed by Senator Holmquist.

Staff: Dory Nicpon (786-7321)

Background: Over the last 20 years, Congress has passed legislation preempting state authority to regulate certain transportation functions, and deregulating other transportation operations. Title 81 RCW contains many outdated or federally preempted provisions.

Summary of Bill: Statutes containing federally preempted language regarding the regulation of railroad rates, routes, services and operations are repealed or amended to be consistent with federal law. Economic regulation of transportation related companies is limited to household goods movers and auto transportation companies, while references to the economic regulation of common carriers is eliminated as such regulation is preempted by federal law.

References to certain federal and state agencies, as well as transportation terminology, are updated. References to businesses no longer regulated by the Utilities and Transportation Commission, obsolete provisions, such as one regarding a completed radioactive waste study, and provisions inconsistent with the Administrative Procedures Act, are removed.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: Federal statutes have changed to preempt some of the regulatory functions assigned to the Utilities and Transportation Commission. This bill removes or amends preempted functions to conform to federal law. Obsolete provisions are eliminated. Certain terminology is updated to reflect modern usage, and grammar and style changes recommended by the Code Reviser are included. There is no state regulation of for-profit companies providing the same service as non-profit companies with respect to non-emergency medical transportation, so perhaps such regulation should be added to this bill.


Persons Testifying:
PRO: David Danner, Chris Rose, Washington Utilities and Transportation Commission; Tom Young, Transpro, Inc., Northwest Connections.