S-1992               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5591

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Transportation (originally sponsored by Senators Patterson, DeJarnatt and Sellar; by request of Department of Transportation)

Read first time 2/21/89.

AN ACT Relating to franchises on highway rights-of-way; amending RCW 47.44.060 and 47.04.090; and prescribing penalties.

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

        Sec. 1.  Section 47.44.060, chapter 13, Laws of 1961 and RCW 47.44.060 are each amended to read as follows:

          Any person, firm, or corporation who ((shall)) constructs or maintains on, over, across, or along any state highway any water pipe, flume, gas pipe, telegraph, telephone, electric light, or power lines, or tram or railway, or any other such facilities, without having first obtained and having at all times in full force and effect a franchise or permit to do so in the manner provided by law ((shall be)) is guilty of a misdemeanor and is liable for a civil penalty of one hundred dollars per each calendar day payable to the state starting with the thirtieth calendar day following notice by certified mail of the requirement to obtain a permit or franchise.  Notice is effective upon delivery by certified mail.  Each day of violation ((shall be)) is a separate and distinct offense.

If the state initially determines that a facility constructed or maintained without a permit or franchise, would not be granted a permit or franchise, the facility shall be removed immediately upon notice.  Otherwise, the state may order removal of the facility after the ninetieth calendar day following the original notification that a permit or franchise is required.  If the facility is not removed, the state, in addition to any other remedy may remove the facility at the expense of the owner.

The state is entitled to its costs and expenses of litigation and its reasonable attorneys' fees in a suit brought by the state to recover any penalties or costs of removal of facilities or to enforce any of its rights under this chapter.

        Sec. 2.  Section 47.04.090, chapter 13, Laws of 1961 and RCW 47.04.090 are each amended to read as follows:

          It ((shall be)) is a misdemeanor for any person to violate any of the provisions of this title unless ((such violation is)) specifically provided otherwise by this title or other law of this state ((declared to be a felony or a gross misdemeanor)).

          Unless another penalty is provided in this title ((provided)), every person convicted of a misdemeanor for violation of any provisions of this title shall be punished ((accordingly)) in accordance with chapter 9A.20 RCW.