H-1110              _______________________________________________

                                                   HOUSE BILL NO. 1123

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State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Walk, Schmidt and Baugher

Read first time 2/27/87 and referred to Committee on Transportation.

AN ACT Relating to railroad grade crossings; and amending RCW 81.53.281.

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

        Sec. 1.  Section 3, chapter 134, Laws of 1969 as last amended by section 509, chapter 405, Laws of 1985 and RCW 81.53.281 are each amended to read as follows:

          There is hereby created in the state treasury a "grade crossing protective fund," to which shall be transferred all moneys appropriated for the purpose of carrying out the provisions of RCW 81.53.261, 81.53.271, 81.53.281, 81.53.291, and 81.53.295.  At the time the commission makes each allocation of cost to said grade crossing protective fund, it shall certify that such cost shall be payable out of said fund.  When federal-aid highway funds are not involved, the railroad shall, upon completion of the installation of any such signal or other protective device and related work, present its claim for reimbursement for the cost of installation and related work from said fund of the amount allocated thereto by the commission.  The annual cost of maintenance shall be presented and paid in a like manner.  When federal-aid highway funds are involved, the department of transportation shall, upon entry of an order by the commission requiring the installation or upgrading of a grade crossing protective device, submit to the commission an estimate for the cost of the proposed installation and related work.  Upon receipt of the estimate the commission shall pay to the department of transportation the percentage of the estimate specified in RCW 81.53.295, as now or hereafter amended, to be used as the grade crossing protective fund portion of the cost of the installation and related work.  The commission is hereby authorized to recover administrative costs from said fund in an amount not to exceed three percent of the direct appropriation provided for any biennium, and in the event administrative costs exceed three percent of the appropriation, the excess shall be chargeable to regulatory fees paid by railroads pursuant to RCW 81.24.010.

          Within ninety days of the end of each fiscal year, the commission shall report to the legislative transportation committee, and the senate and house committees on transportation, the status of the grade crossing protective fund, including revenue sources, fund balances, and expenditures.

          The office of financial management ((may)) shall direct the state treasurer to transfer to the ((general)) motor vehicle fund an amount not to exceed (($1,200,000)) $1,500,000 from the grade crossing protective fund  for the ((1983-85)) 1987-89 fiscal biennium.