H-1011              _______________________________________________

                                                   HOUSE BILL NO. 1856

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Rasmussen, Hankins, Haugen, Miller, Pruitt, Dorn and Nelson

Read first time 2/8/89 and referred to Committee on Energy & Utilities.

AN ACT Relating to supersedeas; and amending RCW 80.04.180 and 81.04.180.

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

        Sec. 1.  Section 80.04.180, chapter 14, Laws of 1961 and RCW 80.04.180 are each amended to read as follows:

          The pendency of any writ of review shall not of itself stay or suspend the operation of the order of the commission, but the superior court in its discretion may restrain or suspend, in whole or in part, the operation of the commission's order pending the final hearing and determination of the suit.

          No order so restraining or suspending an order of the commission relating to rates, charges, tolls or rentals, or rules or regulations, practices, classifications or contracts affecting the same, shall be ((made)) entered by the superior court ((otherwise than)) except upon a minimum of three days' notice and after hearing, and ((if a supersedeas is granted the order granting the same shall contain a specific finding, based upon evidence submitted to the court making the order, and identified by reference thereto, that great or irreparable damage would otherwise result to the petitioner, and specifying the nature of the damage)) as to any order entered by the commission after hearing, supersedeas shall be granted only upon a showing that the order of the commission is affected by an error of law, that as a result thereof great and irreparable damage would result to the petitioner, and that the petitioner would be likely to prevail on the merits of the matter sought to be reviewed.

          In case the order of the commission under review is superseded by the court, it shall require a bond, with good and sufficient surety, conditioned that such company petitioning for such review shall answer for all damages caused by the delay in the enforcement of the order of the commission, and all compensation for whatever sums for transmission or service any person or corporation shall be compelled to pay pending the review proceedings in excess of the sum such person or corporations would have been compelled to pay if the order of the commission had not been suspended.

          The court may, in addition to or in lieu of the bond herein provided for, require such other or further security for the payment of such excess charges or damages as it may deem proper.

        Sec. 2.  Section 81.04.180, chapter 14, Laws of 1961 and RCW 81.04.180 are each amended to read as follows:

          The pendency of any writ of review shall not of itself stay or suspend the operation of the order of the commission, but the superior court in its discretion may restrain or suspend, in whole or in part, the operation of the commission's order pending the final hearing and determination of the suit.

          No order so restraining or suspending an order of the commission relating to rates, fares, charges, tolls or rentals, or rules or regulations, practices, classifications or contracts affecting the same, shall be ((made)) entered by the superior court ((otherwise than)) except upon a minimum of three days' notice and after hearing, and ((if a supersedeas is granted the order granting the same shall contain a specific finding, based upon evidence submitted to the court making the order, and identified by reference thereto, that great or irreparable damage would otherwise result to the petitioner, and specifying the nature of the damage)) as to any order entered by the commission after hearing, supersedeas shall be granted only upon a showing that the order of the commission is affected by an error of law, that as a result thereof great and irreparable damage would result to the petitioner, and that the petitioner would be likely to prevail on the merits of the matter sought to be reviewed.

          In case the order of the commission under review is superseded by the court, it shall require a bond, with good and sufficient surety, conditioned that such company petitioning for such review shall answer for all damages caused by the delay in the enforcement of the order of the commission, and all compensation for whatever sums for transportation any person or corporation shall be compelled to pay pending the review proceedings in excess of the sum such person or corporations would have been compelled to pay if the order of the commission had not been suspended.

          The court may, in addition to or in lieu of the bond herein provided for, require such other or further security for the payment of such excess charges or damages as it may deem proper.