SENATE BILL REPORT

SB 5591

BYSenators Patterson, DeJarnatt and Sellar; by request of Department of Transportation

Prescribing penalties for unfranchised use of highway right-of-way.

Senate Committee on Transportation

Senate Hearing Date(s):February 2, 1989; February 16, 1989

Majority Report:  That Substitute Senate Bill No. 5591 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Patterson, Chairman; Nelson, Vice Chairman; von Reichbauer, Vice Chairman; Barr, Bender, Conner, McMullen, Madsen, Murray, Sellar, Thorsness.

Senate Staff:Vicki Fabre' (786-7313)

                  February 20, 1989

AS REPORTED BY COMMITTEE ON TRANSPORTATION, FEBRUARY 17, 1989

BACKGROUND:

Existing law (Chapter 47.44 RCW) requires any public or private entity who wants to locate a utility on state highway right-of-way to obtain a franchise or permit from the Department of Transportation.  The department estimates there are approximately 100 violations a year.  Cable TV and small utility companies appear to be the major violators.  Current law does not provide adequate penalties to deter use of state right-of-way by unauthorized utilities.

SUMMARY:

A civil penalty of $100 per calendar day is imposed beginning with the 30th calendar day following notice by certified mail of the statutory requirement to obtain a franchise or permit.  In the event the state determines that a facility constructed or maintained without a permit or franchise must be removed (and not granted a permit or franchise), the facility must be removed immediately upon notice.  Otherwise, removal of the facility after the 90th calendar day following the original notice may be ordered by the state.  If the facility is not removed, the state may remove it at the expense of the owner.

EFFECT OF PROPOSED SUBSTITUTE:

Clarifying language is included to indicate when notice is tolled.  Removal of a utility facility is immediate if it is located on state highway right-of-way without the Department of Transportation's (DOT) authority and DOT determines the utility shouldn't be granted a franchise or permit.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Clyde Slemmer, Department of Transportation