ESHB 2480

HOUSE BILL REPORT
ESHB 2480

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed House:
February 14, 2008

Sponsors: By House Committee on Transportation (originally sponsored by Representatives Clibborn, McIntire and Simpson).

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 21 members: Representatives Clibborn, Chair; Flannigan, Vice Chair; Appleton, Dickerson, Eddy, Herrera, Hudgins, Jarrett, Kristiansen, Loomis, Rolfes, Sells, Simpson, Smith, Springer, Takko, Upthegrove, Wallace, Warnick, Williams and Wood.

Minority Report: Do not pass. Signed by 4 members: Representatives Ericksen, Ranking Minority Member; Schindler, Assistant Ranking Minority Member; Armstrong and Campbell.

Background:

Public transportation benefit areas (PTBAs), metropolitan municipal corporations (Metros), and city-owned transit systems (city-owned transits) are special purpose districts authorized to provide public transportation services within their respective boundaries. Metros are also authorized to provide a number of other essential public services, including water supply, sewage treatment, and garbage disposal.

Generally speaking, "public transportation service" means the transportation of packages, passengers, and their incidental baggage by means other than by chartered bus or sight-seeing bus, together with the terminals and parking facilities necessary for passenger and vehicular access to and from such systems. For PTBAs, "public transportation service" also includes passenger-only ferry service for those PTBAs eligible to provide passenger-only ferry service.
City-owned transits, PTBAs, and Metros do not have specific authority to monitor public transportation service fare payment or to issue civil infractions to passengers who fail to provide proof of fare payment.

Regional transit authorities are specifically authorized to monitor fare payment and to issue civil infractions for, among other things, failure to provide proof of payment.

Summary of Engrossed Substitute Bill:

It is established that passengers traveling on public transportation operated by PTBAs, Metros, and city-owned transits are required to pay the established fare and to provide proof of payment when requested to do so by persons designated to monitor fare payment.

Metros, PTBAs, and city-owned transits are authorized to designate persons to monitor fare payment, and to establish a schedule of civil fines and penalties for civil infractions related to fare payment violations. A civil infraction not to exceed $250 may be issued to passengers who fail to pay the fare; fail to provide proof of payment when requested to do so by a person designated to monitor fare payment; or refuse to leave the bus when asked by a person designated to monitor fare payment.

Persons designated to monitor fare payment are authorized to request proof of payment from passengers; request proof of personal identification from passengers who fail to provide proof of payment; request that a passenger leave the bus when proof of payment is not provided; and issue a civil citation to passengers consistent with the established schedule of fines.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony:

(In support) The authority to hire bus fare monitors to ask for proof of payment is a major component in the success of bus rapid transit systems in which fares are paid at a kiosk or station prior to boarding the bus. In Snohomish County, Community Transit and Everett Transit have formed a partnership to operate the first bus rapid transit system in the state, and the authority granted in this bill will assist in providing customers with fast, reliable transit service.

Currently, Sound Transit has the authority to hire fare monitors who may issue civil citations to riders who fail to pay the fare or provide proof of payment. The bill extends this authority to metropolitan municipal corporations and public transportation benefit areas. City-owned transits would like to have similar authority.

(With concerns) It is important to ensure that the fare monitors have proper authority to act in order to prevent any potential lawsuits.

(Opposed) None.

Persons Testifying: (In support) Dave Gjurasic and June Devoll, Community Transit.

(With concerns) Paul W. Locke.