SENATE BILL REPORT

2SHB 1081

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, April 1, 2009

Title: An act relating to local improvement district financing of railroad crossing protection devices.

Brief Description: Authorizing local improvement district financing of railroad crossing protection devices.

Sponsors: House Committee on Transportation (originally sponsored by Representatives Wallace, Ericksen, Clibborn, Armstrong, Moeller and Jacks).

Brief History: Passed House: 3/09/09, 69-26.

Committee Activity: Transportation: 3/31/09, 4/01/09 [DPA].

SENATE COMMITTEE ON TRANSPORTATION

Majority Report: Do pass as amended.

Signed by Senators Haugen, Chair; Marr, Vice Chair; Swecker, Ranking Minority Member; Becker, Berkey, Delvin, Eide, Jacobsen, Jarrett, Kauffman, Kilmer, King, Ranker and Sheldon.

Staff: Kelly Simpson (786-7403)

Background: Under current law, cities and towns have broad legal authority to create a local improvement district (LID) for the purpose of constructing, reconstructing, or repairing a wide range of publicly-owned structures, facilities, and infrastructure. However, railroad crossing protection devices are not specifically listed as an improvement eligible to be funded by an LID.

LID improvements are financed, in whole or in part, through special assessments on property that is specially benefited by the improvement.

Summary of Bill (Recommended Amendments): Railroad crossing protection devices are specifically listed as improvements eligible to be funded through an LID. However, special property assessments for purposes of railroad crossing protection devices may not be levied on property owned or maintained by railroad companies or other specified rail operators.

EFFECT OF CHANGES MADE BY TRANSPORTATION COMMITTEE (Recommended Amendments): Requires a majority of the property owners within a local improvement district to approve assessments for maintenance and repair after the initial indebtedness related to the railroad crossing protection device is retired.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

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

Staff Summary of Public Testimony on Second Substitute House Bill: PRO: This bill provides an option for communities to finance railroad crossing protection devices. It clarifies existing law to facilitate this financing option.

Persons Testifying: PRO: Representative Wallace, prime sponsor; Rick Wickman, Identity Clark County; Doug Levy, city of Kent.