H-277                _______________________________________________

                                                    HOUSE BILL NO. 224

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives P. King, J. Williams and May

Read first time 1/22/87 and referred to Committee on Transportation.

AN ACT Relating to the preferential use of highways; and amending RCW 46.61.165 and 34.04.010.

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

        Sec. 1.  Section 2, chapter 133, Laws of 1974 ex. sess. as amended by section 65, chapter 7, Laws of 1984 and RCW 46.61.165 are each amended to read as follows:

          The state department of transportation and the local authorities are authorized to reserve all or any portion of any highway under their respective jurisdictions, including any designated lane or ramp, for the exclusive or preferential use of public transportation vehicles or private motor vehicles carrying no fewer than a specified number of passengers when such limitation will increase the efficient utilization of the highway or will aid in the conservation of energy resources.  Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective ((at all times or at specified times of day or on specified days)) only during peak traffic hours, and the times of such use shall be prominently posted along such reserved portions of a highway facility.

        Sec. 2.  Section 5, chapter 10, Laws of 1982 and RCW 34.04.010 are each amended to read as follows:

          The definitions set forth in this section shall apply throughout this chapter, unless the context clearly requires otherwise.

          (1) "Agency" means any state board, commission, department, or officer, authorized by law to make rules or to adjudicate contested cases, except those in the legislative or judicial branches.

          (2) "Rule" means any agency order, directive, or regulation of general applicability (a) the violation of which subjects a person to a penalty or administrative sanction; (b) which establishes, alters, or revokes any procedure, practice, or requirement relating to agency hearings; (c) which establishes, alters, or revokes any qualification or requirement relating to the enjoyment of benefits or privileges conferred by law; (d) which establishes, alters, or revokes any qualifications or standards for the issuance, suspension, or revocation of licenses to pursue any commercial activity, trade, or profession; or (e) which establishes, alters, or revokes any mandatory standards for any product or material which must be met before distribution or sale.  The term includes the amendment or repeal of a prior rule, but does not include (i) statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public, (ii) declaratory rulings issued pursuant to RCW 34.04.080, as now or hereafter amended, or (iii) traffic restrictions for motor vehicles, bicyclists, and pedestrians established by the secretary of transportation or his designee where notice of such restrictions is given by official traffic control devices, except the reservation of highways for preferential use under RCW 46.61.165.

          (3) "Contested case" means a proceeding before an agency in which an opportunity for a hearing before such agency is required by law or constitutional right prior or subsequent to the determination by the agency of the legal rights, duties, or privileges of specific parties.  Contested cases shall also include all cases of licensing and rate making in which an application for a license or rate change is denied except as limited by RCW 66.08.150, or a license is revoked, suspended, or modified, or in which the granting of an application is contested by a person having standing to contest under the law or agency rules.

          (4) "License" includes the whole or part of any agency permit, certificate, approval, registration, charter, or any form of permission required by law, including agency rule, to engage in any activity, but does not include a license required solely for revenue purposes.

          (5) "Licensing" includes the agency process respecting the or modification of a license.

          (6) "Rules review committee" or "committee" means the joint administrative rules review committee created pursuant to RCW 34.04.210 for the purpose of selectively reviewing existing and proposed rules of state agencies.