BILL REQ. #:  H-3947.1 

Prefiled 12/21/07. Read first time 01/14/08.   Referred to Committee on Transportation.

     AN ACT Relating to public transportation fares; amending RCW 35.58.020 and 36.57A.010; adding new sections to chapter 35.58 RCW; adding new sections to chapter 36.57A RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 35.58 RCW to read as follows:
     (1) Persons traveling on public transportation operated by a metropolitan municipal corporation shall pay the fare established by the metropolitan municipal corporation. Such persons shall produce proof of payment when requested by a person designated to monitor fare payment.
     (2) The following constitute civil infractions punishable according to the schedule of fines and penalties established by a metropolitan municipal corporation under section 2 of this act:
     (a) Failure to pay the required fare;
     (b) Failure to display proof of payment when requested to do so by a person designated to monitor fare payment; and
     (c) Failure to depart the bus or other mode of public transportation when requested to do so by a person designated to monitor fare payment.

NEW SECTION.  Sec. 2   A new section is added to chapter 35.58 RCW to read as follows:
     (1) A metropolitan municipal corporation may establish, by resolution, a schedule of fines and penalties for civil infractions established in section 1 of this act. Fines established shall not exceed those imposed for class 1 infractions under RCW 7.80.120.
     (2)(a) A metropolitan municipal corporation may designate persons to monitor fare payment who are equivalent to, and are authorized to exercise all the powers of, an enforcement officer as defined in RCW 7.80.040. A metropolitan municipal corporation may employ personnel to either monitor fare payment or contract for such services, or both.
     (b) In addition to the specific powers granted to enforcement officers under RCW 7.80.050 and 7.80.060, persons designated to monitor fare payment may also take the following actions:
     (i) Request proof of payment from passengers;
     (ii) Request personal identification from a passenger who does not produce proof of payment when requested;
     (iii) Issue a citation conforming to the requirements established in RCW 7.80.070; and
     (iv) Request that a passenger leave the bus or other mode of public transportation when the passenger has not produced proof of payment after being asked to do so by a person designated to monitor fare payment.
     (3) A metropolitan municipal corporation shall keep records of citations in the manner prescribed by RCW 7.80.150. All civil infractions established by this section and sections 1 and 3 of this act shall be heard and determined by a district court as provided in RCW 7.80.010 (1) and (4).

NEW SECTION.  Sec. 3   A new section is added to chapter 35.58 RCW to read as follows:
     Sections 1 and 2 of this act do not prevent law enforcement authorities from prosecuting for theft, trespass, or other charges by any individual who:
     (1) Fails to pay the required fare on more than one occasion within a twelve-month period;
     (2) Fails to timely select one of the options for responding to the notice of civil infraction after receiving a statement of the options for responding to the notice of infraction and the procedures necessary to exercise these options; or
     (3) Fails to depart the bus or other mode of public transportation when requested to do so by a person designated to monitor fare payment.

Sec. 4   RCW 35.58.020 and 1982 c 103 s 1 are each amended to read as follows:
     The definitions set forth in this section apply throughout this chapter.
     (1) "Metropolitan municipal corporation" means a municipal corporation of the state of Washington created pursuant to this chapter, or a county which has by ordinance or resolution assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation pursuant to the provisions of chapter 36.56 RCW.
     (2) "Metropolitan area" means the area contained within the boundaries of a metropolitan municipal corporation, or within the boundaries of an area proposed to be organized as such a corporation.
     (3) "City" means an incorporated city or town.
     (4) "Component city" means an incorporated city or town within a metropolitan area.
     (5) "Component county" means a county, all or part of which is included within a metropolitan area.
     (6) "Central city" means the city with the largest population in a metropolitan area.
     (7) "Central county" means the county containing the city with the largest population in a metropolitan area.
     (8) "Special district" means any municipal corporation of the state of Washington other than a city, county, or metropolitan municipal corporation.
     (9) "Metropolitan council" means the legislative body of a metropolitan municipal corporation, or the legislative body of a county which has by ordinance or resolution assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation pursuant to the provisions of chapter 36.56 RCW.
     (10) "City council" means the legislative body of any city or town.
     (11) "Population" means the number of residents as shown by the figures released for the most recent official state, federal, or county census, or population determination made under the direction of the office of financial management.
     (12) "Metropolitan function" means any of the functions of government named in RCW 35.58.050.
     (13) "Authorized metropolitan function" means a metropolitan function which a metropolitan municipal corporation shall have been authorized to perform in the manner provided in this chapter.
     (14) "Metropolitan public transportation" or "metropolitan transportation" for the purposes of this chapter means the transportation of packages, passengers, and their incidental baggage by means other than by chartered bus, sightseeing bus, or any other motor vehicle not on an individual fare-paying basis, together with the necessary passenger terminals and parking facilities or other properties necessary for passenger and vehicular access to and from such people-moving systems: PROVIDED, That nothing in this chapter shall be construed to prohibit a metropolitan municipal corporation from leasing its buses to private certified carriers; to prohibit a metropolitan municipal corporation from providing school bus service for the transportation of pupils; or to prohibit a metropolitan municipal corporation from chartering an electric streetcar on rails which it operates entirely within a city.
     (15) "Pollution" has the meaning given in RCW 90.48.020.
     (16) "Proof of payment" means evidence of fare prepayment authorized by a metropolitan municipal corporation for the use of buses or other modes of public transportation.

NEW SECTION.  Sec. 5   A new section is added to chapter 36.57A RCW to read as follows:
     (1) Persons traveling on public transportation operated by a public transportation benefit area shall pay the fare established by the public transportation benefit area. Such persons shall produce proof of payment when requested by a person designated to monitor fare payment.
     (2) The following constitute civil infractions punishable according to the schedule of fines and penalties established by a public transportation benefit area under section 6 of this act:
     (a) Failure to pay the required fare;
     (b) Failure to display proof of payment when requested to do so by a person designated to monitor fare payment; and
     (c) Failure to depart the bus or other mode of public transportation when requested to do so by a person designated to monitor fare payment.

NEW SECTION.  Sec. 6   A new section is added to chapter 36.57A RCW to read as follows:
     (1) A public transportation benefit area may establish, by resolution, a schedule of fines and penalties for civil infractions established in section 5 of this act. Fines established shall not exceed those imposed for class 1 infractions under RCW 7.80.120.
     (2)(a) A public transportation benefit area may designate persons to monitor fare payment who are equivalent to, and are authorized to exercise all the powers of, an enforcement officer as defined in RCW 7.80.040. A public transportation benefit area may employ personnel to either monitor fare payment or contract for such services, or both.
     (b) In addition to the specific powers granted to enforcement officers under RCW 7.80.050 and 7.80.060, persons designated to monitor fare payment may also take the following actions:
     (i) Request proof of payment from passengers;
     (ii) Request personal identification from a passenger who does not produce proof of payment when requested;
     (iii) Issue a citation conforming to the requirements established in RCW 7.80.070; and
     (iv) Request that a passenger leave the bus or other mode of public transportation when the passenger has not produced proof of payment after being asked to do so by a person designated to monitor fare payment.
     (3) A public transportation benefit area shall keep records of citations in the manner prescribed by RCW 7.80.150. All civil infractions established by this section and sections 5 and 7 of this act shall be heard and determined by a district court as provided in RCW 7.80.010 (1) and (4).

NEW SECTION.  Sec. 7   A new section is added to chapter 36.57A RCW to read as follows:
     Sections 5 and 6 of this act do not prevent law enforcement authorities from prosecuting for theft, trespass, or other charges by any individual who:
     (1) Fails to pay the required fare on more than one occasion within a twelve-month period;
     (2) Fails to timely select one of the options for responding to the notice of civil infraction after receiving a statement of the options for responding to the notice of infraction and the procedures necessary to exercise these options; or
     (3) Fails to depart the bus or other mode of public transportation when requested to do so by a person designated to monitor fare payment.

Sec. 8   RCW 36.57A.010 and 2003 c 83 s 209 are each amended to read as follows:
     The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Public transportation benefit area" means a municipal corporation of the state of Washington created pursuant to this chapter.
     (2) "Public transportation benefit area authority" or "authority" means the legislative body of a public transportation benefit area.
     (3) "City" means an incorporated city or town.
     (4) "Component city" means an incorporated city or town within a public transportation benefit area.
     (5) "City council" means the legislative body of any city or town.
     (6) "County legislative authority" means the board of county commissioners or the county council.
     (7) "Population" means the number of residents as shown by the figures released for the most recent official state, federal, or county census, or population determination made by the office of financial management.
     (8) "Proof of payment" means evidence of fare prepayment authorized by a public transportation benefit area for the use of buses or other modes of public transportation.
     (9) "Public transportation service" means the transportation of packages, passengers, and their incidental baggage by means other than by chartered bus, sight-seeing bus, together with the necessary passenger terminals and parking facilities or other properties necessary for passenger and vehicular access to and from such people moving systems: PROVIDED, That nothing shall prohibit an authority from leasing its buses to private certified carriers or prohibit the authority from providing school bus service. "Public transportation service" includes passenger-only ferry service for those public transportation benefit areas eligible to provide passenger-only ferry service under RCW 36.57A.200.
     (((9))) (10) "Public transportation improvement conference" or "conference" means the body established pursuant to RCW 36.57A.020 which shall be authorized to establish, subject to the provisions of RCW 36.57A.030, a public transportation benefit area pursuant to the provisions of this chapter.