S-478                 _______________________________________________

                                                   SENATE BILL NO. 5578

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Anderson, Amondson, Owen, Cantu, Smith, West, Stratton and Thorsness

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

AN ACT Relating to public moorage facilities and operators; and adding a new section to chapter 53.08 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 53.08 RCW to read as follows:

          Public moorage facility operators and any lessee, tenant, or agent of a public moorage facility operator in markets which compete with private facilities shall establish moorage and marine-related charges which include all costs including, but not limited to, the cost of capital assets and improvements, administration and overhead, debt service, legal and accounting fees, lease payments, and any other costs that are normally incurred by private enterprise in the provision of the same or similar services, goods, and facilities.

          Any moorage facility determined by the state auditor to have violated any of the provisions of this section, shall be subject to civil damages.  An injured party may also seek injunctive relief.