[atlas:bill]

AN ACT Relating to public transportation systems; and amending RCW 36.57A.110 and 36.57A.130.

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

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

(1) 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~~)) has been previously empowered to exercise, and such powers shall not thereafter be exercised by such component cities without the consent of the public transportation benefit area((~~: PROVIDED, That any~~)). A city owning and operating a public transportation system on July 1, 1975, may continue to operate such system within such city until such system ((~~shall have~~)) has been acquired by the public transportation benefit area, and a public transportation benefit area may not acquire such system without the consent of the city council of such city except as provided by subsection (2) of this section.

(2) If a public transportation benefit area and a city both operate a public transportation system within a county having a population over one hundred fifty thousand, the county shall submit a ballot proposition asking whether the public transportation benefit area shall acquire the city's public transportation system. The county must hold an election on this question on or before September 30, 2003. The costs of the election will be paid by the public transportation benefit area.

(3) A ballot proposition under subsection (2) of this section is subject to the following conditions:

(a) The electorate will be the voters of the public transportation benefit area and the city;

(b) The ballot proposition will state that acquisition of the city's public transportation system subjects the city to all obligations of the public transportation benefit area, including taxes and other liabilities; and

(4) If the electorate authorizes acquisition of the city's public transportation system:

(a) The city is subject to all obligations of the public transportation benefit area, including taxes and other liabilities;

(b) The public transportation benefit area will:

(i) Acquire the city's public transportation facilities and properties; and

(ii) Compensate the city for the fair market value of the facilities and properties; and

(c) The representatives of the public transportation benefit area's component cities and counties must meet within ninety days of the election to review and change the composition of the governing body, if the change is deemed appropriate.

(5) The acquisition of a public transportation system under this section is not an annexation under RCW 36.57A.140.

(6) If the electorate votes against acquisition of the city's public transportation system, effective January 1, 2004, the city will pay the public transportation benefit area for the services rendered its citizens as required by RCW 36.57A.130. This obligation continues until such time as the public transportation benefit area acquires the city's public transportation system.

Sec. 2. RCW 36.57A.130 and 1983 c 151 s 1 are each amended to read as follows:

(1) The treasurer of the county in which a public transportation benefit area authority is located shall be ex officio treasurer of the authority. In the case of a multicounty public transportation benefit area the county treasurer of the largest component county, by population, shall be the treasurer of the authority. However, the authority, by resolution, and upon the approval of the county treasurer, may designate some other person having experience in financial or fiscal matters as treasurer of the authority. Such a treasurer shall possess all of the powers, responsibilities, and duties the county treasurer possesses for a public transportation benefit area authority related to investing surplus authority funds. The authority may (and if the treasurer is not a county treasurer, it shall) require a bond with a surety company authorized to do business in the state of Washington in an amount and under the terms and conditions the authority, by resolution, from time to time finds will protect the authority against loss. The premium on any such bond shall be paid by the authority.

(2) All authority funds shall be paid to the treasurer and shall be disbursed by the treasurer only on warrants issued by the county auditor, upon orders or vouchers approved by the authority. However, the authority may, by resolution, designate some person having experience in financial or fiscal matters, other than the county auditor, as the auditor of the authority. Such an auditor shall possess all of the powers, responsibilities, and duties that the county auditor possesses for a public transportation benefit area authority related to creating and maintaining funds, issuing warrants, and maintaining a record of receipts and disbursements.

(3) The treasurer shall establish a "transportation fund," into which shall be paid all authority funds, and the treasurer shall maintain such special accounts as may be created by the authority into which shall be placed all money as the authority may, by resolution, direct.

(4) If the treasurer of the authority is a treasurer of the county, all authority funds shall be deposited with the county depositary under the same restrictions, contracts, and security as provided for county depositaries. If the treasurer of the authority is some other person, all funds shall be deposited in such bank or banks authorized to do business in this state that have qualified for insured deposits under any federal deposit insurance act as the authority, by resolution, shall designate.

(5) An authority may provide and require a reasonable bond of any other person handling moneys or securities of the authority, but the authority shall pay the premium on the bond.

(6)(a) The county or counties and each city or town which is included in the authority shall contribute such sums towards the expense for maintaining and operating the public transportation system as shall be agreed upon between them. If a public transportation benefit area and a city both operate a public transportation system within a county with a population over one hundred fifty thousand, the city will pay the public transportation benefit area:

(i) The average subsidy per passenger of the public transportation benefit area multiplied by the number of unlinked passenger trips made by that city's residents on the public transportation benefit area transportation system; plus

(ii) The depreciation expenses of the public transportation benefit area, divided by the combined population of the public transportation benefit area and the city, multiplied by the population of the city.

(b) Payment under this subsection (6) must be made by May 1, 2005, and by May 1st of each following year. Calculations under (a)(i) and (ii) of this subsection will be based on the experience of the previous calendar year.

(7) The public transportation benefit area will determine the amount under subsection (6)(a)(i) of this section as provided in this subsection.

(a) The average subsidy per passenger will be determined by:

(i) Subtracting the fare revenues for all modes of transportation in the public transportation benefit area from the sum total of operating expenses for those modes; and

(ii) Dividing by the total number of unlinked trips for all modes of transportation in the public transportation benefit area, as determined by the most recent national transit data base figures for that system.

(b) The number of unlinked passenger trips made by that city's residents will be determined by the most recent on-board rider surveys performed biennially by an independent consultant. The public transportation benefit area and the city will equally share the cost of the survey.