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SUBSTITUTE SENATE BILL NO. 5591
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AS AMENDED BY THE HOUSE
C 224 L 89
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:
(1) 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)). Each day of violation ((shall be))
is a separate and distinct offense.
(2) Any person, firm, or corporation who 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 is liable for a civil penalty of one hundred dollars per calendar day beginning forty-five days from the date notice is given and until application is made for a franchise or permit or until the facility is removed as required by notice. The state shall give notice by certified mail that a franchise or permit is required or the facility must be removed and shall include in the notice sufficient information to identify the portion of right of way in question. Notice is effective upon delivery.
(3) If a person, firm or corporation does not apply for a permit or franchise within forty-five days of notice given in accordance with subsection (2) of this section or the state determines that the facility constructed or maintained without a permit or franchise would not be granted a permit or franchise, the state may order the facility to be removed within such time period as the state may specify. If the facility is not removed, the state, in addition to any other remedy, may remove the facility at the expense of the owner.
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.