Z-454                 _______________________________________________

                                                   SENATE BILL NO. 5554

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Patterson, Hansen, Madsen and Benitz; by request of Utilities and Transportation Commission

Read first time 1/27/89 and referred to Committee on   Transportation.

AN ACT Relating to railroad track scales; adding a new section to chapter 19.94 RCW; and repealing RCW 81.44.150 and 81.44.160.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 19.94 RCW to read as follows:

          All railroads operating in this state shall provide suitable facilities for testing track scales used by the railroads.  The department is authorized, after a hearing, upon its own motion, and after notice to the railroads, to order the railroad companies operating in this state to provide a suitable car or other device or facility to be used in testing the track scales used by the railroads.  The cost of providing the car, device, or facility shall be equitably and reasonably apportioned among the railroad companies by the department.  The car, device, or facility shall be used by the department to test the accuracy of all track scales, and the railroad companies shall without charge, move the car, device, or facility to locations designated by the department, under such rules as the department may prescribe.  The car, device, or facility may be used in adjoining states to test the scales of railroad companies and for that purpose may be taken beyond the limits of the state under such rules for its due care and return as the department may prescribe.  The department is authorized to prescribe and collect a reasonable fee to cover all costs for the inspection and testing of railroad track scales.  The moneys collected by the department shall be placed in an account in the agriculture local fund.

NEW SECTION. Sec. 2.  The following acts or parts of acts are each repealed:

                   (1) Section 81.44.150, chapter 14, Laws of 1961 and RCW 81.44.150; and

          (2) Section 81.44.160, chapter 14, Laws of 1961 and RCW 81.44.160.