H-741                _______________________________________________

                                                   HOUSE BILL NO. 1330

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Walk, Schmidt, R. Meyers, Kremen, R. Fisher, Walker, Youngsman, S. Wilson, Winsley, Braddock, Brough, Raiter, Schoon, Pruitt and Spanel; by request of Director of County Road Administration Board

Read first time 1/20/89 and referred to Committee on Transportation.

AN ACT Relating to ferry operation; and amending RCW 47.04.140.

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

        Sec. 1.  Section 1, chapter 65, Laws of 1975-'76 2nd ex. sess. as amended by section 91, chapter 7, Laws of 1984 and RCW 47.04.140 are each amended to read as follows:

          Whenever a county that operates or proposes to operate ferries obtains federal aid for the construction, reconstruction, or modification of any ferry boat under Title 23, United States Code, the following provisions apply to the county's operation of its ferries:

          (1)  The county shall obtain from the department a franchise authorizing the ferry operations.  The county's application for a franchise or amended franchise shall designate all ferry routes it proposes to operate.  The department shall issue the franchise or amended franchise for the operation of each route that it finds is not otherwise served by adequate transportation facilities.  A county may terminate any ferry route without approval of the department.

          (2)  At least ((thirty)) ninety days before applying for federal aid for the construction, reconstruction, or modification of any of its ferries or approaches thereto, and thereafter whenever new tolls or charges are proposed for use of its ferries, the county shall file with the department ((for its approval)), the current or proposed schedule of tolls and charges for use of its ferries.  ((The department shall approve the schedule of tolls and charges)) Such tolls and charges shall be deemed approved by the commission unless it finds that the aggregate revenues to be derived from the county's ferry operations will exceed the amount required to pay the actual and necessary costs of operation, maintenance, administration, and repair of the county's ferries and their appurtenances.

          (((3)  The department shall adopt rules for the implementation of this section including provisions affording the right to a hearing to any county before finally denying approval of any proposed ferry route or schedule of tolls and charges for use of the county's ferries.))