BILL REQ. #:  S-0947.1 

Read first time 01/28/09.   Referred to Committee on Transportation.

     AN ACT Relating to the regulation of certain limousine carriers; amending RCW 46.72.010, 46.72A.010, 46.72A.030, and 46.72A.040; and adding a new section to chapter 46.72A RCW.

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

Sec. 1   RCW 46.72.010 and 1996 c 87 s 18 are each amended to read as follows:
     When used in this chapter:
     (1) ((The term)) "For hire vehicle" includes all vehicles used for the transportation of passengers for compensation, except auto stages, school buses operating exclusively under a contract to a school district, ride-sharing vehicles under chapter 46.74 RCW, limousine carriers licensed under chapter 46.72A RCW except as provided in this subsection, vehicles used by nonprofit transportation providers for elderly persons or ((handicapped)) persons with disabilities and their attendants under chapter 81.66 RCW, vehicles used by auto transportation companies licensed under chapter 81.68 RCW, vehicles used to provide courtesy transportation at no charge to and from parking lots, hotels, and rental offices, and vehicles used by charter party carriers of passengers and excursion service carriers licensed under chapter 81.70 RCW. "For hire vehicle" also includes limousine carriers licensed under chapter 46.72A RCW that are classified by rule as executive sedans or executive vans pursuant to RCW 46.04.274 when operating in a county with a population of one million or more or a city with a population of five hundred thousand or more;
     (2) ((The term)) "For hire operator" means and includes any person, concern, or entity engaged in the transportation of passengers for compensation in for hire vehicles.

Sec. 2   RCW 46.72A.010 and 1996 c 87 s 4 are each amended to read as follows:
     The legislature finds and declares that privately operated limousine transportation service is a vital part of the transportation system within the state and provides prearranged transportation services to state residents, tourists, and out-of-state business people. Consequently, the safety, reliability, and stability of privately operated limousine transportation services are matters of statewide importance. The regulation of privately operated limousine transportation services is thus an essential governmental function. Therefore, it is the intent of the legislature to permit the department and a port district in a county with a population of one million or more to regulate limousine transportation services without liability under federal antitrust laws. It is the further intent of the legislature to permit a county with a population of one million or more or a city with a population of five hundred thousand or more to each separately regulate those categories of limousine carriers that qualify as for hire vehicles under RCW 46.72.010.

Sec. 3   RCW 46.72A.030 and 1996 c 87 s 6 are each amended to read as follows:
     (1) The department, in conjunction with the Washington state patrol, shall regulate limousine carriers with respect to entry, safety of equipment, chauffeur qualifications, and operations. The department shall adopt rules and require such reports as are necessary to carry out this chapter.
     (2) In addition, a port district in a county with a population of one million or more may regulate limousine carriers with respect to entry, safety of equipment, chauffeur qualifications, insurance requirements, license fees, and operations. The county in which the port district is located may adopt ordinances and rules to assist the port district in enforcement of limousine regulations only at port facilities. ((In no event may this be construed to grant the county the authority to regulate limousines within its jurisdiction. The)) A port district may not set limousine rates, but the limousine carriers shall file their rates and schedules with the port district.
     (3) A county with a population of one million or more and a city with a population of five hundred thousand or more may each separately regulate those categories of limousine carriers that qualify as for hire vehicles under RCW 46.72.010, with respect to entry, safety of equipment, chauffeur qualifications, insurance requirements, license fees, and operations. A county or city may not set limousine rates for such categories, but the limousine carriers falling within such categories shall file their rates and schedules with the respective county or city.
     (4) The department, a port district in a county with a population of at least one million, or a county in which the port district is located may enter into cooperative agreements for the joint regulation of limousines.
     (((4))) (5) The department, a port district in a county with a population of at least one million, a county with a population of one million or more, or a city with a population of five hundred thousand or more may enter into cooperative agreements for the joint regulation of those categories of limousine carriers that qualify as for hire vehicles under RCW 46.72.010.
     (6) The Washington state patrol shall annually conduct a vehicle inspection of each limousine licensed under this chapter, except when a port district, a county with a population of one million or more, or a city with a population of five hundred thousand or more regulates limousine carriers under subsection (2) or (3) of this section, that port district ((or)), county in which the port (([district])) district is located, county with a population of one million or more, or city with a population of five hundred thousand or more shall conduct the annual vehicle inspection. The patrol, the port district, ((or)) the county, or the city may impose an annual vehicle inspection fee and monetary penalties for noncompliance.

Sec. 4   RCW 46.72A.040 and 1996 c 87 s 7 are each amended to read as follows:
     Except when a port district regulates limousine carriers under RCW 46.72A.030 or a city or county regulates those categories of limousine carriers that qualify as for hire vehicles under RCW 46.72.010, 46.72.160, and 46.72A.030, the state of Washington fully occupies and preempts the entire field of regulation over limousine carriers as regulated by this chapter. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to limousine carriers that are consistent with this chapter.

NEW SECTION.  Sec. 5   A new section is added to chapter 46.72A RCW to read as follows:
     RCW 46.72A.060 through 46.72A.140 do not operate to limit the authority of a port district in a county with a population of at least one million, a county with a population of one million or more, or a city with a population of five hundred thousand or more under this chapter in the exercise of the regulatory authority granted under this chapter. In exercising the authority granted under this chapter, each of these jurisdictions has the separate authority to establish its own requirements including, but not limited to, those related to insurance requirements, license requirements for carriers and chauffeurs, conduct requirements for carriers and chauffeurs, license fees, and penalties for noncompliance.