2579-S

AN ACT Relating to public transportation benefit areas; amending RCW 36.57A.020, 36.57A.030, 36.57A.050, 36.57A.110, and 36.57.020; adding a new section to chapter 36.57A RCW; and creating new sections.

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

Sec. 1. RCW 36.57A.020 and 1991 c 363 s 73 are each amended to read as follows:

The county legislative authority of every county with a population of ((~~forty~~)) four hundred thousand or more in which, as of January 1, 1994, there exists a public transportation benefit area established under this chapter and in which a city is operating a public transportation system under chapter 35.95 RCW shall, and the legislative authority of every other county may, ((~~within ninety days of~~)) by July 1, ((~~1975~~)) 1994, and as often thereafter as it deems necessary, and upon thirty days prior written notice addressed to the legislative body of each city within the county and with thirty days public notice, convene a public transportation improvement conference to be attended by an elected representative selected by the legislative body of each city, within such county, and by the county legislative authority. Such conference shall be for the purpose of evaluating the need for and the desirability of the creation of a public transportation benefit area within certain incorporated and unincorporated portions of the county to provide public transportation services within such area. In those counties where county officials believe the need for public transportation service extends across county boundaries so as to provide public transportation service in a metropolitan area, the county legislative bodies of two or more neighboring counties may elect to convene a multi-county conference. In addition, county-wide conferences may be convened by resolution of the legislative bodies of two or more cities within the county, not to exceed one in any twelve month period, or a petition signed by at least ten percent of the registered voters in the last general election of the city, county or city/county areas of a proposed benefit area. The chair of the conference shall be elected from the members at large.

Sec. 2. RCW 36.57A.030 and 1977 ex.s. c 44 s 1 are each amended to read as follows:

Any conference which finds it desirable to establish a public transportation benefit area ((or)), change the boundaries of any existing public transportation benefit area, or replace an existing public transportation benefit area with a new public transportation benefit area under section 3 of this act shall fix a date for a public hearing thereon, or the legislative bodies of any two or more component cities or the county legislative body by resolution may require the public transportation improvement conference to fix a date for a public hearing thereon. Prior to the convening of the public hearing, the county governing body shall delineate the area of the county proposed to be included within the transportation benefit area, and shall furnish a copy of such delineation to each incorporated city within such area. Each city shall advise the county governing body, on a preliminary basis, of its desire to be included or excluded from the transportation benefit area, except that a city operating a public transportation system within a county with a population of four hundred thousand or more in which, as of January 1, 1994, there exists a public transportation benefit area, must be included. The county governing body shall cause the delineations to be revised to reflect the wishes of such incorporated cities. This delineation shall be considered by the conference at the public hearing for inclusion in the public transportation benefit area.

Notice of such hearing shall be published once a week for at least four consecutive weeks in one or more newspapers of general circulation within the area. The notice shall contain a description and map of the boundaries of the proposed public transportation benefit area and shall state the time and place of the hearing and the fact that any changes in the boundaries of the public transportation benefit area will be considered at such time and place. At such hearing or any continuation thereof, any interested person may appear and be heard on all matters relating to the effect of the formation of the proposed public transportation benefit area.

The conference may make such changes in the boundaries of the public transportation benefit area as they shall deem reasonable and proper, but may not delete any portion of the proposed area which will create an island of included or excluded lands, and may not delete a portion of any city. If the conference shall determine that any additional territory should be included in the public transportation benefit area, a second hearing shall be held and notice given in the same manner as for the original hearing. The conference may adjourn the hearing on the formation of a public transportation benefit area from time to time not exceeding thirty days in all.

Following the conclusion of such hearing the conference shall adopt a resolution fixing the boundaries of the proposed public transportation benefit area, declaring that the formation of the proposed public transportation benefit area will be conducive to the welfare and benefit of the persons and property therein.

Within thirty days of the adoption of such conference resolution, the county legislative authority of each county wherein a conference has established proposed boundaries of a public transportation benefit area, may by resolution, upon making a legislative finding that the proposed benefit area includes portions of the county which could not be reasonably expected to benefit from such benefit area or excludes portions of the county which could be reasonably expected to benefit from its creation, disapprove and terminate the establishment of such public transportation benefit area within such county.

NEW SECTION. Sec. 3. A new section is added to chapter 36.57A RCW to read as follows:

If, from the testimony given before the county legislative authority of a county with a population of four hundred thousand or more in which, as of January 1, 1994, there exists a public transportation benefit area established under this chapter and in which a city is operating a public transportation system under chapter 35.95 RCW, it appears that the public interest or welfare would be satisfied by the establishment of a new public transportation benefit area assuming the rights, powers, functions, assets, liabilities, and obligations of the existing public transportation benefit area and the city with regard to public transportation, the county legislative authority may declare that formation of a new public transportation benefit area to be its intent.

The ordinance or resolution shall provide for a single ballot proposition to be submitted to the voters in the area of the proposed new public transportation benefit area, for their approval or rejection, to authorize: (1) The establishment of a new public transportation benefit area to assume the rights, powers, functions, assets, liabilities, and obligations of the existing public transportation benefit area and the city with regard to its public transportation functions; and (2) approval for the new public transportation benefit area to impose taxes, at the rate specified, as provided for under state law.

Sec. 4. RCW 36.57A.050 and 1983 c 65 s 3 are each amended to read as follows:

Within sixty days of the establishment of the boundaries of the public transportation benefit area the members of the county legislative authority and the elected representative of each city within the area shall provide for the selection of the governing body of such area, the public transportation benefit area authority, which shall consist of elected officials selected by and serving at the pleasure of the governing bodies of component cities within the area and the county legislative authority of each county within the area. If at the time a public transportation benefit area authority assumes the public transportation functions previously provided under the Interlocal Cooperation Act (chapter 39.34 RCW) there are citizen positions on the governing board of the transit system, those positions may be retained as positions on the governing board of the public transportation benefit area authority.

Within such sixty-day period, any city may by resolution of its legislative body withdraw from participation in the public transportation benefit area, except that a city operating a public transportation system within a county with a population of four hundred thousand or more in which, as of January 1, 1994, there exists a public transportation benefit area, may not withdraw. Except in the case of a public transportation benefit area established under section 3 of this act, the county legislative authority and each city remaining in the public transportation benefit area may disapprove and prevent the establishment of any governing body of a public transportation benefit area if the composition thereof does not meet its approval.

((~~In no case shall~~)) The governing body of a single county public transportation benefit area may not be greater than nine members, except that in the case of a public transportation benefit area established under section 3 of this act the governing body may not be greater than eleven members, and in the case of a multicounty area, fifteen members. Those cities within the transportation benefit area and excluded from direct membership on the authority are hereby authorized to designate a member of the authority who shall be entitled to represent the interests of such city which is excluded from direct membership on the authority. The legislative body of such city shall notify the authority as to the determination of its authorized representative on the authority.

Each member of the authority is eligible to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and to receive compensation, as set by the authority, in an amount not to exceed forty-four dollars for each day during which the member attends official meetings of the authority or performs prescribed duties approved by the chairman of the authority. In no event may a member be compensated in any year for more than seventy-five days, except the chairman who may be paid compensation for not more than one hundred days: PROVIDED, That compensation shall not be paid to an elected official or employee of federal, state, or local government who is receiving regular full-time compensation from such government for attending meetings and performing prescribed duties of the authority.

Sec. 5. RCW 36.57A.110 and 1975 1st ex.s. c 270 s 21 are each amended to read as follows:

The public transportation benefit area shall have and exercise all rights with respect to the construction, acquisition, maintenance, operation, extension, alteration, repair, control, and management of passenger transportation which any component city shall have been previously empowered to exercise and ((~~such~~)) the powers shall not thereafter be exercised by ((~~such~~)) the component cities without the consent of the public transportation benefit area((~~: PROVIDED, That~~)). However, any city owning and operating a public transportation system on July 1, 1975 may continue to operate ((~~such~~)) the system within ((~~such~~)) the city until ((~~such~~)) the system shall have been acquired by the public transportation benefit area and a public transportation benefit area may not acquire ((~~such~~)) the system without the consent of the city council of ((~~such~~)) the city except that consent of the city council is not required if that system is to be incorporated into the public transportation benefit area as provided for in section 3 of this act.

Sec. 6. RCW 36.57.020 and 1974 ex.s. c 167 s 2 are each amended to read as follows:

Every county, except a county in which a metropolitan municipal corporation is performing the function of public transportation on May 5, 1974, or a county on or after January 1, 1995, having a population of four hundred thousand or more in which on January 1, 1994, a public transportation benefit area is operating under chapter 36.57A RCW and a city is operating a public transportation system under chapter 35.95 RCW, is authorized to create a county transportation authority which shall perform the function of public transportation. Such authority shall embrace all the territory within a single county and all cities and towns therein.

NEW SECTION. Sec. 7. On January 1, 1995, a county transportation authority operating in a county having a population of four hundred thousand or more in which on January 1, 1994, a public transportation benefit area is operating under chapter 36.57A RCW and a city is operating a public transportation system under chapter 35.95 RCW, shall be abolished.

NEW SECTION. Sec. 8. The governing authority for a public transportation benefit area established under section 3 of this act shall by July 1, 1996, submit to the legislature a proposal for a directly elected governing authority for the public transportation benefit area.