READ FIRST TIME 02/27/07.   

     AN ACT Relating to the regulation of transportation providers; amending RCW 80.01.040, 81.04.010, 81.04.080, 81.04.130, 81.04.150, 81.04.160, 81.04.220, 81.04.240, 81.04.250, 81.04.270, 81.04.280, 81.04.300, 81.04.330, 81.04.350, 81.04.360, 81.08.010, 81.12.010, 81.16.010, 81.24.010, 81.28.010, 81.28.020, 81.28.030, 81.28.040, 81.28.050, 81.28.080, 81.28.180, 81.28.190, 81.28.200, 81.28.210, 81.28.220, 81.28.230, 81.28.250, 81.28.260, 81.29.010, 81.29.020, 81.44.010, 81.44.020, 81.44.040, 81.61.020, 81.66.040, 81.66.060, 81.68.010, 81.68.015, 81.68.020, 81.68.040, 81.68.060, 81.68.065, 81.68.080, 81.68.090, 81.70.020, 81.70.030, 81.70.230, 81.70.250, 81.70.280, 81.70.290, 81.70.320, 81.70.330, 81.70.340, 81.77.010, 81.77.040, 81.77.100, 81.80.010, 81.80.020, 81.80.045, 81.80.060, 81.80.070, 81.80.080, 81.80.130, 81.80.140, 81.80.150, 81.80.170, 81.80.190, 81.80.220, 81.80.230, 81.80.250, 81.80.260, 81.80.270, 81.80.272, 81.80.280, 81.80.305, 81.80.330, 81.80.370, 81.80.371, 81.80.430, 81.84.020, 47.76.230, 47.76.240, 81.68.030, 81.84.060, 79A.40.100, 81.53.261, and 15.66.270; reenacting and amending RCW 81.84.010; adding new sections to chapter 81.04 RCW; adding a new section to chapter 81.66 RCW; adding a new section to chapter 81.68 RCW; adding a new section to chapter 81.70 RCW; adding a new section to chapter 81.77 RCW; adding a new section to chapter 81.80 RCW; adding a new section to chapter 81.48 RCW; recodifying RCW 81.56.120; and repealing RCW 15.65.610, 81.04.170, 81.04.180, 81.04.190, 81.04.520, 81.08.070, 81.36.070, 81.40.040, 81.40.100, 81.44.031, 81.44.032, 81.44.050, 81.44.060, 81.44.065, 81.44.091, 81.44.092, 81.44.093, 81.44.094, 81.44.095, 81.44.096, 81.44.097, 81.44.0971, 81.44.0972, 81.44.098, 81.44.0981, 81.44.0982, 81.44.099, 81.44.100, 81.44.101, 81.44.102, 81.44.103, 81.44.104, 81.44.105, 81.44.110, 81.44.120, 81.48.010, 81.48.015, 81.52.010, 81.52.020, 81.52.030, 81.52.040, 81.56.010, 81.56.020, 81.56.030, 81.56.040, 81.56.050, 81.56.060, 81.56.070, 81.56.080, 81.56.100, 81.56.110, 81.56.130, 81.56.140, 81.56.150, 81.56.160, 81.68.070, 81.70.300, 81.77.015, 81.77.070, 81.80.030, 81.80.175, 81.80.240, 81.80.301, 81.80.312, 81.80.318, 81.80.340, 81.80.346, 81.80.375, 81.80.380, 81.80.381, 81.80.391, 81.80.395, 81.80.400, 81.80.410, 81.80.420, 81.80.440, 81.80.450, and 81.80.460.

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

Sec. 1   RCW 80.01.040 and 1985 c 450 s 10 are each amended to read as follows:
     The utilities and transportation commission shall:
     (1) Exercise all the powers and perform all the duties prescribed ((therefor)) by this title and by Title 81 RCW, or by any other law.
     (2) Regulate in the public interest, as provided by the public service laws, ((the rates, services, facilities, and practices of)) all persons engaging in the transportation ((by whatever means)) of persons or property within this state for compensation((, and related activities; including, but not limited to, air transportation companies, auto transportation companies, express companies, freight and freight line companies, motor freight companies, motor transportation agents, private car companies, railway companies, sleeping car companies, steamboat companies, street railway companies, toll bridge companies, storage warehousemen, and wharfingers and warehousemen)).
     (3) Regulate in the public interest, as provided by the public service laws, the rates, services, facilities, and practices of all persons engaging within this state in the business of supplying any utility service or commodity to the public for compensation((, and related activities; including, but not limited to, electrical companies, gas companies, irrigation companies, telecommunications companies, and water companies)).
     (4) Make ((such)) rules and regulations ((as may be)) necessary to carry out its other powers and duties.

NEW SECTION.  Sec. 2   A new section is added to chapter 81.04 RCW to read as follows:
     (1) The commission shall cooperate with the federal government and the United States department of transportation, or its successor, or any other commission or agency delegated or authorized to regulate interstate or foreign commerce by common carriers, to the end that the transportation of property and passengers by common carriers in interstate or foreign commerce into and through the state of Washington may be regulated and that the laws of the United States and the state of Washington are enforced and administered cooperatively in the public interest.
     (2) In addition to its authority concerning interstate commerce under this title, the commission may regulate common carriers in interstate commerce within the state under the authority of and in accordance with any act of congress that vests in or delegates to the commission such authority as an agency of the United States government or under an agreement with the United States department of transportation, or its successor, or any other commission or agency delegated or authorized to regulate interstate or foreign commerce by common carriers.
     (3) For the purpose of participating with the United States department of transportation in investigation and inspection activities necessary to enforce federal railroad safety regulations, the commission has regulatory jurisdiction over the safety practices for railroad equipment, facilities, rolling stock, and operations in the state.

NEW SECTION.  Sec. 3   A new section is added to chapter 81.04 RCW to read as follows:
     The commission shall administer the railroad safety provisions of this title to the fullest extent allowed under 49 U.S.C. Sec. 20106 and state law.

Sec. 4   RCW 81.04.010 and 1993 c 427 s 9 are each amended to read as follows:
     As used in this title, unless specially defined otherwise or unless the context indicates otherwise:
     (1) "Commission" means the utilities and transportation commission.
     (2) "Commissioner" means one of the members of such commission.
     (3) "Corporation" includes a corporation, company, association, or joint stock association.
     (4) "Low-level radioactive waste site operating company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, controlling, or managing a low-level radioactive waste disposal site or sites located within the state of Washington.
     (5) "Low-level radioactive waste" means low-level waste as defined by RCW 43.145.010.
     (6) "Person" includes an individual, a firm, or copartnership.
     (7) "Street railroad" includes every railroad by whatsoever power operated, or any extension or extensions, branch or branches thereof, for public use in the conveyance of persons or property for hire, being mainly upon, along, above, or below any street, avenue, road, highway, bridge, or public place within any one city or town, and includes all equipment, switches, spurs, tracks, bridges, right of trackage, subways, tunnels, stations, terminals, and terminal facilities of every kind used, operated, controlled, or owned by or in connection with any such street railroad, within this state.
     (8) "Street railroad company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, and every city or town, owning, controlling, operating, or managing any street railroad or any cars or other equipment used thereon or in connection therewith within this state.
     (9) "Railroad" includes every railroad, other than street railroad, by whatsoever power operated for public use in the conveyance of persons or property for hire, with all ((bridges, ferries, tunnels,)) facilities and equipment, ((switches, spurs, tracks, stations, and terminal facilities of every kind)) used, operated, controlled, or owned by or in connection with any such railroad.
     (10) "Railroad company" includes every corporation, company, association, joint stock association, partnership, or person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, controlling, or managing any railroad or any cars or other equipment used thereon or in connection therewith within this state.
     (("Express company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, who shall engage in or transact the business of carrying any freight, merchandise, or property for hire on the line of any common carrier operated in this state.))
     (11) "Common carrier" includes all railroads, railroad companies, street railroads, street railroad companies, commercial ferries, ((express companies, car companies, sleeping car companies,)) motor freight ((companies, freight line companies)) carriers, auto transportation companies, charter party carriers and excursion service carriers, private nonprofit transportation providers, solid waste collection companies, household goods carriers, hazardous liquid pipeline companies, and every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, and every city or town, owning, operating, managing, or controlling any such agency for public use in the conveyance of persons or property for hire within this state.
     (12) "Vessel" includes every species of watercraft, by whatsoever power operated, for public use in the conveyance of persons or property for hire over and upon the waters within this state, excepting all towboats, tugs, scows, barges, and lighters, and excepting rowboats and sailing boats under twenty gross tons burden, open steam launches of five tons gross and under, and vessels under five tons gross propelled by gas, fluid, naphtha, or electric motors.
     (13) "Commercial ferry" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers, appointed by any court whatsoever, owning, controlling, leasing, operating, or managing any vessel over and upon the waters of this state.
     (14) "Transportation of property" includes any service in connection with the receiving, delivery, elevation, transfer in transit, ventilation, refrigeration, icing, storage, and handling of the property transported, and the transmission of credit.
     (15) "Transportation of persons" includes any service in connection with the receiving, carriage, and delivery of ((the person)) persons transported and ((his)) their baggage and all facilities used, or necessary to be used in connection with the safety, comfort, and convenience of ((the person)) persons transported.
     (16) "Public service company" includes every common carrier.
     (17) The term "service" is used in this title in its broadest and most inclusive sense.

Sec. 5   RCW 81.04.080 and 1989 c 107 s 2 are each amended to read as follows:
     Every public service company shall annually furnish to the commission a report in such form as the commission may require, and shall specifically answer all questions propounded to it by the commission((, upon or concerning which the commission may need information. Such annual reports shall show in detail the amount of capital stock issued, the amounts paid therefor and the manner of payment for same, the dividends paid, the surplus fund, if any, and the number of stockholders, the funded and floating debts and the interest paid thereon, the cost and value of the company's property, franchises and equipment, the number of employees and the salaries paid each class, the accidents to passengers, employees and other persons and the cost thereof, the amounts expended for improvements each year, how expended and the character of such improvements, the earnings or receipts from each franchise or business and from all sources, the proportion thereof earned from business moving wholly within the state and the proportion earned from interstate traffic, the nature of the traffic movement showing the percentage of the ton miles each class of commodity bears to the total ton mileage, the operating and other expenses and the proportion of such expense incurred in transacting business wholly within the state, and the proportion incurred in transacting interstate business, such division to be shown according to such rules of division as the commission may prescribe, the balances of profit and loss, and a complete exhibit of the financial operations of the carrier each year, including an annual balance sheet. Such report shall also contain such information in relation to rates, charges or regulations concerning fares, charges or freights, or agreements, arrangements or contracts affecting the same, as the commission may require; and)). The commission may((, in its discretion, for the purpose of enabling it the better to carry out the provisions of this title,)) prescribe the period of time within which all public service companies subject to ((the provisions of)) this title ((shall)) must have, as near as may be, a uniform system of accounts, and the manner in which ((such)) the accounts ((shall)) must be kept. ((Such)) The detailed report ((shall)) must contain all the required statistics for the period of twelve months ending on the last day of any particular month prescribed by the commission for any public service company. ((Such)) The reports ((shall)) must be made out under oath and filed with the commission at its office in Olympia on ((such)) a date ((as)) the commission specifies by rule, unless additional time ((be)) is granted ((in any case)) by the commission. The commission ((shall have authority to)) may require any public service company to file monthly reports of earnings and expenses, and to file periodical or special reports, or both ((periodical and special, reports)), concerning any matter ((about which)) the commission is authorized or required, by this or any other law, to inquire into or keep itself informed about, or which it is required to enforce, ((such)) the periodical or special reports to be under oath whenever the commission so requires.

Sec. 6   RCW 81.04.130 and 1993 c 300 s 1 are each amended to read as follows:
     Whenever any public service company, ((other than a railroad company)) subject to regulation by the commission as to rates and service, files with the commission any schedule, classification, rule, or regulation, the effect of which is to change any rate, fare, charge, rental, or toll previously charged, the commission ((has power)) may, either upon its own motion or upon complaint, upon notice, ((to)) hold a hearing concerning the proposed change and the reasonableness and justness of it. Pending the hearing and the decision, the commission may suspend the operation of the rate, fare, charge, rental, or toll, if the change is proposed by a common carrier ((subject to the jurisdiction of the commission,)) other than a solid waste collection company, for a period not exceeding seven months, and, if proposed by a solid waste collection company, for a period not exceeding ten months from the time the change would otherwise go into effect. After a full hearing the commission may make ((such)) the order in reference to the change as would be provided in a hearing initiated after the change had become effective.
     At any hearing involving any change in any schedule, classification, rule, or regulation the effect of which is to increase any rate, fare, charge, rental, or toll theretofore charged, the burden of proof to show that ((such)) the increase is just and reasonable is upon the public service company. When any common carrier ((subject to the jurisdiction of the commission)) files any tariff, classification, rule, or regulation the effect of which is to decrease any rate, fare, or charge, the burden of proof to show that such decrease is just and reasonable is upon the common carrier.

Sec. 7   RCW 81.04.150 and 1984 c 143 s 2 are each amended to read as follows:
     Whenever the commission finds, after a hearing ((had)) upon its own motion or upon complaint as provided in this chapter, that any rate, toll, rental, or charge that has been the subject of complaint and inquiry is sufficiently remunerative to the public service company((, other than a railroad company,)) subject to regulation by the commission as to rates and service affected by it, the commission may order that the rate, toll, rental, or charge ((shall)) must not be changed, altered, abrogated, or discontinued, nor ((shall)) must there be any change in the classification that will change or alter the rate, toll, rental, or charge without first obtaining the consent of the commission authorizing the change to be made.

Sec. 8   RCW 81.04.160 and 1961 c 14 s 81.04.160 are each amended to read as follows:
     The commission ((is hereby authorized and empowered to)) may adopt((, promulgate and issue rules and regulations covering the bulletining of trains, showing the time of arrival and departure of all trains, and the probable arrival and departure of delayed trains; the conditions to be contained in and become a part of contracts for transportation of persons and property, and any and all services concerning the same, or connected therewith; the time that station rooms and offices shall be kept open; rules governing demurrage and reciprocal demurrage, and to provide reasonable penalties to expedite the prompt movement of freight and release of cars, the limits of express deliveries in cities and towns, and generally such)) rules ((as)) that pertain to the comfort and convenience of the public ((concerning the subjects treated of in this title. Such rules and regulations shall be promulgated and issued by the commission on its own motion, and shall be served on the public service company affected thereby as other orders of the commission are served. Any public service company affected thereby, and deeming such rules and regulations, or any of them, improper, unjust, unreasonable, or contrary to law, may within twenty days from the date of service of such order upon it file objections thereto with the commission, specifying the particular grounds of such objections. The commission shall, upon receipt of such objections, fix a time and place for hearing the same, and after a full hearing may make such changes or modifications thereto, if any, as the evidence may justify. The commission shall have, and it is hereby given, power to adopt rules to govern its proceedings, and to regulate the mode and manner of all investigations and hearings: PROVIDED, No person desiring to be present at such hearing shall be denied permission. Actions may be instituted to review rules and regulations promulgated under this section as in the case of orders of the commission)) using the services of public service companies that are subject to regulation by the commission as to services provided.

Sec. 9   RCW 81.04.220 and 1961 c 14 s 81.04.220 are each amended to read as follows:
     ((When)) After a complaint ((has been)) is made to the commission concerning the reasonableness of any rate, fare, toll, rental or charge for any service performed by any public service company subject to regulation by the commission as to rates and service, and the ((same has been)) complaint is investigated by the commission, and the commission ((has determined)) determines both that the public service company has charged an excessive or exorbitant amount for ((such)) the service((,)) and ((the commission has determined)) that any party complainant is entitled to an award of damages, the commission shall order ((that)) the public service company to pay ((to)) the complainant the excess amount found to have been charged, whether ((such)) the excess amount was charged and collected before or after the filing of ((said)) the complaint, with interest from the date of the collection of ((said)) the excess amount.

Sec. 10   RCW 81.04.240 and 1961 c 14 s 81.04.240 are each amended to read as follows:
     If the public service company subject to regulation by the commission as to rates and service does not comply with the order of the commission for the payment of damages or overcharges within the time limited in the order, action may be brought in any superior court where service may be had upon the company to recover the amount of damages or overcharges with interest. The commission shall certify and file its record in the case, including all exhibits, with the clerk of the court within thirty days after ((such)) the action is started ((and)). The action ((shall)) must be heard on the evidence and exhibits introduced before and certified by the commission ((and certified to by it)).
     If the complainant ((shall prevail)) prevails in the action, the court shall enter judgment for the amount of damages or overcharges with interest and ((shall allow)) award the complainant ((a)) reasonable attorney's fees, and the cost of preparing and certifying the record for the benefit of and to be paid to the commission by complainant, and deposited by the commission in the public service revolving fund, ((said)) the sums to be fixed and collected as a part of the costs of the action.
     If the order of the commission is found contrary to law or erroneous by ((reason of)) the rejection of testimony properly offered, the court shall remand the cause to the commission with instructions to receive the testimony so proffered and rejected and enter a new order based upon the evidence theretofore taken and such as it is directed to receive.
     The court may remand any action ((which is reversed by)) it reverses to the commission for further action.
     Appeals to the supreme court shall lie as in other civil cases. Action to recover damages or overcharges ((shall)) must be filed in the superior court within one year from the date of the order of the commission.
     The procedure provided in this section is exclusive, and neither the supreme court nor any superior court ((shall have)) has jurisdiction ((save in the manner hereinbefore)) except as provided.

Sec. 11   RCW 81.04.250 and 1984 c 143 s 3 are each amended to read as follows:
     The commission ((has the power)) may, upon complaint or upon its own motion ((to)), prescribe and authorize just and reasonable rates for the transportation of persons or property ((by carriers other than railroad companies, and shall exercise that power)) for any public service company subject to regulation by the commission as to rates and service, whenever and as often as it deems necessary or proper. The commission shall, before any hearing ((is had)) upon the complaint or motion, notify the complainants and the carrier concerned of the time and place of the hearing by giving at least ten days' written notice thereof, specifying that at the time and place designated a hearing will be held for the purpose of prescribing and authorizing the rates. The notice is sufficient to authorize the commission to inquire into and pass upon the matters designated in this section.
     In exercising this power, the commission may use any standard, formula, method, or theory of valuation reasonably calculated to arrive at the objective of prescribing and authorizing just and reasonable rates.
     In the exercise of this power, the commission may ((give consideration)) consider, in addition to other factors, ((to)) the following:
     (1) ((To)) The effect of the rates upon movement of traffic by the carriers;
     (2) ((To)) The public need for adequate transportation facilities, equipment, and service at the lowest level of charges consistent with the provision, maintenance, and renewal of the facilities, equipment, and service; and
     (3) ((To)) The carrier need for revenue of a level that under honest, efficient, and economical management is sufficient to cover the cost ((()), including all operating expenses, depreciation accruals, rents, and taxes of every kind(())), of providing adequate transportation service, plus an amount equal to the percentage of that cost as is reasonably necessary for the provision, maintenance, and renewal of the transportation facilities or equipment and a reasonable profit to the carrier. The relation of carrier expenses to carrier revenues may be deemed the proper test of a reasonable profit.
     ((This section does not apply to railroad companies, which shall be regulated in this regard by chapter 81.34 RCW and rules adopted thereunder.))

Sec. 12   RCW 81.04.270 and 1961 c 14 s 81.04.270 are each amended to read as follows:
     Any public service company ((engaging)), subject to regulation by the commission as to rates and services, that engages in the sale of merchandise or appliances or equipment shall keep separate accounts, as prescribed by the commission, of its capital employed in such business and of its revenues therefrom and operating expenses thereof. The capital employed in such business ((shall)) is not ((constitute)) a part of the fair value of ((said)) the company's property for rate making purposes, ((nor shall)) and the revenues from or operating expenses of such business ((constitute)) are not a part of the operating revenues and expenses of ((said)) the company as a public service company.

Sec. 13   RCW 81.04.280 and 1961 c 14 s 81.04.280 are each amended to read as follows:
     ((No)) A public service company subject to regulation by the commission as to rates and service shall not: (1) Permit any employee to sell, offer for sale, or solicit the purchase of any security of any other person or corporation during such hours as such employee is engaged to perform any duty of such public service company; ((nor shall any public service company)) (2) by any means or device, require any employee to purchase or contract to purchase any of its securities or those of any other person or corporation; ((nor shall any public service company)) or (3) require any employee to permit the deduction from his wages or salary of any sum as a payment or to be applied as a payment of any purchase or contract to purchase any security of such public service company or of any other person or corporation.

Sec. 14   RCW 81.04.300 and 1961 c 14 s 81.04.300 are each amended to read as follows:
     The commission may regulate, restrict, and control the budgets of expenditures of public service companies subject to regulation by the commission as to rates and service. The commission may require each company ((shall)) to prepare a budget showing the amount of money which, in its judgment, ((will be)) is needed during the ensuing year for maintenance, operation, and construction, classified by accounts as prescribed by the commission, and shall within ten days of the date it is approved by the company file it with the commission for its investigation and approval or rejection. When a budget has been filed ((with)), the commission ((it)) shall examine into and investigate it to determine whether the expenditures therein proposed are fair and reasonable and not contrary to public interest.
     Adjustments or additions to budget expenditures may be made from time to time during the year by filing a supplementary budget with the commission for its investigation and approval or rejection.

Sec. 15   RCW 81.04.330 and 1961 c 14 s 81.04.330 are each amended to read as follows:
     Any public service company subject to regulation by the commission as to rates and service may make or contract for any rejected item of expenditure, but in such case the ((same)) rejected item of expenditure shall not be allowed as an operating expense, or as to items of construction, as a part of the fair value of the company's property used and useful in serving the public: PROVIDED, That such items of construction may at any time thereafter be so allowed in whole or in part upon proof that they are used and useful. Any company may upon the happening of any emergency caused by fire, flood, explosion, storm, earthquake, riot, or insurrection, or for the immediate preservation or restoration to condition of usefulness of any of its property, the usefulness of which has been destroyed by accident, make the necessary expenditure therefor free from the operation of RCW 81.04.300 through 81.04.330.
     Any finding and order entered by the commission ((shall be in effect)) is effective until vacated and set aside in proper proceedings for review thereof.

Sec. 16   RCW 81.04.350 and 1961 c 14 s 81.04.350 are each amended to read as follows:
     The commission ((shall have power)) may after hearing ((to)) require any ((or all)) public service ((companies)) company subject to regulation by the commission as to rates and service to carry proper and adequate depreciation or retirement accounts in accordance with such rules, regulations, and forms of accounts as the commission may prescribe. The commission may from time to time ascertain and by order fix the proper and adequate rates of depreciation or retirement of the several classes of property of each public service company. Each public service company shall conform its depreciation or retirement accounts to the rates so prescribed. In fixing the rate of the annual depreciation or retirement charge, the commission may consider the rate and amount theretofore charged by the company for depreciation or retirement.
     The commission ((shall have and)) may exercise like power and authority over all other reserve accounts of public service companies.

Sec. 17   RCW 81.04.360 and 1961 c 14 s 81.04.360 are each amended to read as follows:
     If any public service company subject to regulation by the commission as to rates and service earns in the period of five consecutive years immediately preceding the commission order fixing rates for such company a net utility operating income in excess of a reasonable rate of return upon the fair value of its property used and useful in the public service, the commission shall take official notice of such fact and of whether any such excess earnings ((shall have been)) were invested in such company's plant or otherwise used for purposes beneficial to the consumers of such company and may consider such facts in fixing rates for such company.

Sec. 18   RCW 81.08.010 and 1981 c 13 s 3 are each amended to read as follows:
     ((The term)) "Public service company((",))," as used in this chapter, ((shall mean)) means every ((company now or hereafter engaged in business in this state as a public utility and)) common carrier subject to regulation as to rates and service by the utilities and transportation commission under ((the provisions of)) this title((: PROVIDED, That it shall not include any such company the issuance of stocks and securities of which is subject to regulation by the Interstate Commerce Commission: PROVIDED FURTHER, That it shall not include any "motor carrier" as that term is defined in RCW 81.80.010 or)), except any "household goods carrier" subject to chapter 81.80 RCW or any "((garbage and refuse)) solid waste collection company" subject to ((the provisions of)) chapter 81.77 RCW.

Sec. 19   RCW 81.12.010 and 1981 c 13 s 4 are each amended to read as follows:
     ((The term)) "Public service company," as used in this chapter, ((shall mean)) means every ((company now or hereafter engaged in business in this state as a public utility and)) common carrier subject to regulation as to rates and service by the utilities and transportation commission under the provisions of this title((: PROVIDED, That)). It ((shall)) does not include common carriers subject to regulation by the ((Interstate Commerce Commission: PROVIDED FURTHER, That it shall not include motor freight carriers subject to the provisions of)) federal energy regulatory commission or the United States department of transportation, household goods carriers subject to chapter 81.80 RCW, or ((garbage and refuse)) solid waste collection companies subject to ((the provisions of)) chapter 81.77 RCW((: PROVIDED FURTHER, That nothing contained in this chapter shall relieve public service companies from the necessity for compliance with the provisions of RCW 81.80.270)). This section does not apply to transfers of permits or certificates.

Sec. 20   RCW 81.16.010 and 1969 ex.s. c 210 s 5 are each amended to read as follows:
     As used in this chapter((, the term)):
     (1) "Public service company" ((shall include)) means every corporation engaged in business as a ((public utility)) common carrier and subject to regulation as to rates and service by the utilities and transportation commission under ((the provisions of)) this title.
     ((As used in this chapter, the term))
     (2) "Affiliated interest((,))" means:
     (a) Every corporation and person owning or holding directly or indirectly five percent or more of the voting securities of any public service company engaged in any intrastate business in this state;
     (b) Every corporation and person, other than those above specified, in any chain of successive ownership of five percent or more of voting securities, the chain beginning with the holder of the voting securities of such public service company;
     (c) Every corporation five percent or more of whose voting securities are owned by any person or corporation owning five percent or more of the voting securities of such public service company or by any person or corporation in any such chain of successive ownership of five percent or more of voting securities;
     (d) Every corporation or person with which the public service company has a management or service contract; and
     (e) Every person who is an officer or director of such public service company or of any corporation in any chain of successive ownership of five percent or more of voting securities.

Sec. 21   RCW 81.24.010 and 2003 c 296 s 2 are each amended to read as follows:
     (1) Every company subject to regulation by the commission, except ((auto transportation companies, steamboat companies, and motor freight carriers)) those listed in subsection (3) of this section, shall, on or before the date specified by the commission for filing annual reports under RCW 81.04.080, file with the commission a statement on oath showing its gross operating revenue from intrastate operations for the preceding calendar year, or portion thereof, and pay to the commission a fee equal to one-tenth of one percent of the first fifty thousand dollars of gross operating revenue, plus two-tenths of one percent of any gross operating revenue in excess of fifty thousand dollars, except railroad companies which shall each pay to the commission a fee equal to one and one-half percent of its intrastate gross operating revenue. The commission may, by rule, set minimum fees that do not exceed the cost of collecting the fees. The commission may by rule waive any or all of the minimum fee established pursuant to this section. Any railroad association that qualifies as a ((not-for-profit)) nonprofit charitable organization under the federal internal revenue code section 501(c)(3) is exempt from the fee required under this subsection.
     (2) The percentage rates of gross operating revenue to be paid in any one year may be decreased by the commission for any class of companies subject to the payment of such fees, by general order entered before March 1st of such year, and for such purpose ((such)) railroad companies ((shall be)) are classified as ((follows: Railroad, express, sleeping car, and toll bridge companies shall constitute)) class two. Every other company subject to regulation by the commission, for which regulatory fees are not otherwise fixed by law, shall pay fees as herein provided and shall constitute additional classes according to kinds of businesses engaged in.
     (3) This section does not apply to private nonprofit transportation providers, auto transportation companies, charter party carriers and excursion service carriers, solid waste collection companies, motor freight carriers, household goods carriers, commercial ferries, and low-level radioactive waste storage facilities.

Sec. 22   RCW 81.28.010 and 1961 c 14 s 81.28.010 are each amended to read as follows:
     All charges made for any service rendered or to be rendered in the transportation of persons or property, or in connection therewith, by any common carrier subject to regulation by the commission as to rates and service, or by any two or more such common carriers, ((shall)) must be just, fair, reasonable, and sufficient.
     Every common carrier shall construct, furnish, maintain and provide, safe, adequate, and sufficient service facilities((, trackage, sidings, railroad connections, industrial and commercial spurs)) and equipment to enable it to promptly, expeditiously, safely, and properly receive, transport, and deliver all persons or property offered to or received by it for transportation, and to promote the safety, health, comfort, and convenience of its patrons, employees, and the public.
     All rules and regulations issued by any such common carrier affecting or pertaining to the transportation of persons or property ((shall)) must be just and reasonable.

Sec. 23   RCW 81.28.020 and 1961 c 14 s 81.28.020 are each amended to read as follows:
     Every common carrier subject to regulation by the commission as to rates and service shall under reasonable rules and regulations promptly and expeditiously receive, transport, and deliver all persons or property offered to or received by it for transportation. ((All persons receiving cars for loading shall promptly and expeditiously load the same, and all persons receiving property shall promptly and expeditiously receive and remove the same from the cars and freight rooms.))

Sec. 24   RCW 81.28.030 and 1961 c 14 s 81.28.030 are each amended to read as follows:
     All ((transportation companies)) common carriers subject to regulation by the commission as to rates and service and doing business wholly ((or in part)) within this state shall, upon receipt of any article of freight, promptly forward the same to its marked destination, by the route directed by the shipper, or if no directions are given by shipper, then to any connecting company whose line or route reaches nearest to the point to which such freight is marked.
     Any ((transportation company)) such common carrier failing to comply with this section ((shall be)) is liable for any damages that may be sustained, either to the shipper or consignee, from any cause, upon proof that ((said)) the damages resulted ((on account of)) from a failure of the transportation company to comply with this section.
     Suit for damages may be instituted either at the place of shipping or destination, either by the shipper or consignee, and before any court competent and qualified to hear and determine like causes between ((individuals resident of)) persons who reside in the court's district ((in which said court is holding)).

Sec. 25   RCW 81.28.040 and 1984 c 143 s 4 are each amended to read as follows:
     Every common carrier subject to regulation by the commission as to rates and service shall file with the commission and shall print and keep open for public inspection, schedules showing the rates, fares, charges, and classification for the transportation of persons and property within the state between each point upon the carrier's route and all other points thereon; and between each point upon its route and all points upon every route leased, operated, or controlled by it; and between each point on its route or upon any route leased, operated, or controlled by it and all points upon the route of any other common carrier, whenever a through route and joint rate have been established or ordered between any two such points. If no joint rate over a through route has been established, the several carriers participating in the through route shall file, print, and keep open for public inspection, the separately established rates, fares, charges, and classifications that apply to the through transportation. The schedules printed ((shall)) must: Plainly state the places between which property and persons ((will be)) are carried((, shall also)); contain classification of passengers or property in force((, and shall also)); and state separately all terminal charges, storage charges, icing charges, ((and)) all other charges that the commission may require to be stated, all privileges or facilities granted or allowed, and any rules or regulations that may in any way change, affect, or determine any part, or the aggregate of, such rates, fares, and charges, or the value of the service rendered to the passenger, shipper, or consignee. The schedule ((shall)) must be plainly printed in large type, and a copy of it shall be kept by every carrier readily accessible to inspection by the public in every station or office of the carrier where passengers or property are respectively received for transportation, when the station or office is in charge of any agent. All ((or any)) of the schedules kept as provided in this section ((shall)) must be immediately produced by the carrier for inspection upon the demand of any person. A notice printed in bold type and stating that the schedules are on file with the agent and open to inspection by any person and that the agent will assist any person to determine from the schedules any transportation rates or fares or rules or regulations that are in force ((shall)) must be kept posted by the carrier in two public and conspicuous places in every such station or office. The form of each schedule ((shall)) must be prescribed by the commission.
     The commission ((has power)) may, from time to time, ((to)) determine and prescribe by order such changes in the form of the schedules as may be found expedient, and ((to)) modify the requirements of this section in respect to publishing, posting, and filing of schedules either in particular instances or by general rule or order applicable to special or peculiar circumstances or conditions.
     The commission may((, in its discretion,)) suspend the operation of this section in whole or in part as applied to vessels engaged in jobbing business not operating on regular routes. ((This section does not apply to rail transportation contracts regulated by RCW 81.34.070 or to railroad services or transactions exempted under RCW 81.34.110.))

Sec. 26   RCW 81.28.050 and 1993 c 300 s 2 are each amended to read as follows:
     Unless the commission otherwise orders, ((no)) a change may not be made ((in)) to any classification, rate, fare, charge, rule, or regulation filed and published by a common carrier ((other than a rail carrier)) subject to regulation by the commission as to rates and service, except after thirty days' notice to the commission and to the public. In the case of a solid waste collection company, ((no such)) a change may not be made except after forty-five days' notice to the commission and to the public. The notice ((shall)) must be published as provided in RCW 81.28.040 and ((shall)) must plainly state the changes proposed to be made in the schedule then in force and the time when the changed rate, classification, fare, or charge will go into effect. All proposed changes ((shall)) must be shown by printing, filing, and publishing new schedules or ((shall)) must be plainly indicated upon the schedules in force at the time and kept open to public inspection. ((In the case of a change proposed by a rail carrier, except for changes to rail contracts between a rail carrier and a shipper authorized under RCW 81.34.070, which changes become effective in accordance with that section, a proposal resulting in a rate increase or a new rate shall not become effective for twenty days after the notice is published, and a proposal resulting in a rate decrease shall not become effective for ten days after the notice is published.)) The commission, for good cause shown, may by order allow changes in rates without requiring the notice and the publication time periods specified in this section. When any change is made in any rate, fare, charge, classification, rule, or regulation, attention ((shall)) must be directed to the change by some character on the schedule. The character and its placement ((shall)) must be designated by the commission. The commission may, by order, for good cause shown, allow changes in any rate, fare, charge, classification, rule, or regulation without requiring any character to indicate each and every change to be made.

Sec. 27   RCW 81.28.080 and 1973 1st ex.s. c 154 s 117 are each amended to read as follows:
     ((No)) (1) A common carrier subject to regulation by the commission as to rates and service shall not charge, demand, collect, or receive a greater or less or different compensation for transportation of persons or property, or for any service in connection therewith, than the rates, fares, and charges applicable to such transportation as specified in its schedules filed and in effect at the time((; nor shall any such carrier)) and shall not refund or remit in any manner or by any device any portion of the rates, fares, or charges so specified excepting upon order of the commission as hereinafter provided, ((nor)) or extend to any shipper or person any privileges or facilities in the transportation of passengers or property except such as are regularly and uniformly extended to all persons and corporations under like circumstances. ((No)) Any common carrier subject to regulation by the commission as to rates and service shall not, directly or indirectly, issue or give any free ticket, free pass, or free or reduced transportation for passengers between points within this state, except ((its)) to the carrier's employees and their families, surgeons and physicians and their families, ((its)) the carrier's officers, agents, and attorneys at law; to ministers of religion, traveling secretaries of ((railroad)) young men's christian associations, inmates of hospitals, charitable and eleemosynary institutions, and persons exclusively engaged in charitable and eleemosynary work; to indigent, destitute, and homeless persons ((and to such persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportation)); to inmates of the national homes or state homes for ((disabled)) volunteer soldiers with disabilities and of soldiers' and sailors' homes, including those about to enter and those returning home after discharge; to necessary caretakers of livestock, poultry, milk, and fruit; ((to employees of sleeping car companies, express companies, and)) to linemen of telegraph and telephone companies; to ((railway mail service employees,)) post office inspectors, customs inspectors, and immigration inspectors; to ((newsboys on trains;)) baggage agents((,)) and witnesses attending any legal investigation in which the common carrier is interested; to persons injured in accidents or wrecks and physicians and nurses attending such persons; to the national guard of Washington when on official duty((,)) and students going to and returning from state institutions of learning((: PROVIDED, That)). This ((provision shall not be construed to)) section does not prohibit the interchange of passes for the officers, attorneys, agents and employees and their families, of ((railroad companies, steamboat companies, express companies and sleeping car companies with other railroad companies, steamboat companies, express companies and sleeping car companies, nor to)) commercial ferries or prohibit any common carrier from carrying passengers free with the object of providing relief in cases of general epidemic, pestilence, or other calamitous visitation((: AND PROVIDED, FURTHER, That this provision shall not be construed to prohibit the exchange of passes or franks for the officers, attorneys, agents, employees, and their families of such telegraph, telephone and cable lines, and the officers, attorneys, agents, employees, and their families of other telegraph, telephone or cable lines, or with railroad companies, express companies or sleeping car companies: PROVIDED, FURTHER, That the term)).
     (2) "Employee," as used in this section ((shall)), includes furloughed, pensioned, and superannuated employees, persons who have become disabled or infirm in the service of any such common carrier, ((and)) the remains of a person killed or dying in the employment of a carrier, those entering or leaving its service, and ((ex-employees)) former employees traveling for the purpose of entering the service of any such common carrier((; and the term)).
     (3) "Families," as used in this section ((shall)), includes the families of those persons named in subsection (2) of this ((proviso, also)) section, the families of persons killed and ((the)) their surviving spouses prior to remarriage and minor children during minority, and the families of persons who died while in the service of any such common carrier((: AND PROVIDED, FURTHER, That)).
     (4) Nothing ((herein contained shall)) in this section prevents the issuance of mileage, commutation tickets, or excursion passenger tickets((: AND PROVIDED, FURTHER, That nothing in this section shall be construed to)) or prevents the issuance of free or reduced transportation by any street railroad company for mail carriers, or ((policemen)) police officers or members of fire departments, city officers, and employees when engaged in the performance of their duties as ((such)) city employees.
     (5) Common carriers ((subject to the provisions of this title)) may carry, store, or handle, free or at reduced rates, property for the United States, state, county, or municipal governments, ((or)) for charitable purposes, or to or from fairs and exhibitions for exhibition ((thereat)), and may carry, store, or handle, free or at reduced rates, the household goods and personal effects of its employees ((and)), those entering or leaving its service, and those killed or dying while in its service.
     ((Nothing in this title shall be construed to prohibit the making of a special contract providing for the mutual exchange of service between any railroad company and any telegraph or telephone company, where the line of such telegraph or telephone company is situated upon or along the railroad right of way and used by both of such companies.))

Sec. 28   RCW 81.28.180 and 1984 c 143 s 6 are each amended to read as follows:
     A common carrier subject to regulation by the commission as to rates and service shall not, directly or indirectly, by any special rate, rebate, drawback, or other device or method, charge, demand, collect, or receive from any person or corporation a greater or lesser compensation for any service rendered or to be rendered in the transportation of persons or property, except as authorized in this title, than it charges, demands, collects, or receives from any person or corporation for doing a like and contemporaneous service in the transportation of a like kind of traffic under the same or substantially similar circumstances and conditions. ((This section does not apply to railroad companies, which shall be regulated in this regard by chapter 81.34 RCW and rules adopted thereunder.))

Sec. 29   RCW 81.28.190 and 1984 c 143 s 7 are each amended to read as follows:
     A common carrier subject to regulation by the commission as to rates and service shall not make or give any undue or unreasonable preference or advantage to any person ((or)), corporation ((or to any)), locality, or ((to any)) particular description of traffic in any respect whatsoever, or subject any particular person ((or)), corporation ((or)), locality, or ((any)) particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. ((This section does not apply to railroad companies, which shall be regulated in this regard by chapter 81.34 RCW and rules adopted thereunder.))

Sec. 30   RCW 81.28.200 and 1984 c 143 s 8 are each amended to read as follows:
     A common carrier, subject to ((the provisions of)) regulation by the commission as to rates and service and this title, shall not charge or receive any greater compensation in the aggregate for the transportation of persons or ((of)) a like kind of property((,)) for a shorter distance than for a longer distance over the same line in the same direction, the shorter distance being included within the longer distance, or to charge any greater compensation as a through rate than the aggregate of the intermediate rates((,)) subject to ((the provisions of)) this title. ((This shall not be construed as authorizing any such)) The common carriers ((to)) may not charge and receive as great a compensation for a shorter as for a longer distance or haul. Upon the application of a common carrier, the commission may by order authorize ((it)) the common carrier to charge less for a longer distance than for a shorter distance for the transportation of persons or property in special cases after investigation by the commission, but the order must specify and prescribe the extent to which the common carrier making the application is relieved from the operation of this section. Only to the extent so specified and prescribed is any common carrier relieved from the operation and requirements of this section. ((This section does not apply to railroad companies, which shall be regulated in this regard by chapter 81.34 RCW and rules adopted thereunder.))

Sec. 31   RCW 81.28.210 and 1961 c 14 s 81.28.210 are each amended to read as follows:
     ((No)) (1) A common carrier subject to regulation by the commission as to rates and service, or any officer or agent thereof, or any person acting for or employed by ((it)) the common carrier, shall not assist, suffer, or permit any person or corporation to obtain transportation for any person or property between points within this state at less than the rates then established and in force in accordance with the schedules filed and published ((in accordance with the provisions of)) under this title, by ((means of)) false billing, false classification, false weight or weighing, or false report of weight, or by any other device or means. ((No)) Any person, corporation, or any officer, agent, or employee of a corporation, who ((shall)) delivers property for transportation within the state to a common carrier, shall not seek to obtain or obtain such transportation for such property at less than the rates then established and in force ((therefor, as aforesaid)), by false billing, false or incorrect classification, false weight or weighing, false representation of the contents or substance of a package, or false report or statement of weight, or by any device or means, whether with or without the consent or connivance of a common carrier or any of its officers, agents, or employees.
     ((No)) (2) A person, corporation, or any officer, agent, or employee((,)) of a corporation, shall not knowingly or wilfully, directly or indirectly, by false statement or representation as to the cost, value, nature, or extent of injury, or by the use of any false billing, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to be false, fictitious, or fraudulent, or to upon any false, fictitious, or fraudulent statement or entry, obtain or attempt to obtain any allowance, rebate, or payment for damage, or otherwise, in connection with or growing out of the transportation of persons or property, or agreement to transport such persons or property, whether with or without the consent or connivance of such common carrier or any of its officers, agents, or employees, ((whereby)) when the compensation of such carrier for such transportation ((shall be in fact made)) is less than the rates then established and in force ((therefor)).
     ((No)) (3) A person, corporation, or any officer, agent, or employee of a corporation, who ((shall)) delivers property for transportation within the state to a common carrier, shall not seek to obtain or obtain such transportation by any false representation((,)) or false statement of false paper or token as to the contents or substance thereof, ((where)) when the transportation of such property is prohibited by law.

Sec. 32   RCW 81.28.220 and 1961 c 14 s 81.28.220 are each amended to read as follows:
     The attorney general of the state of Washington ((is authorized and directed)) shall, whenever he or she has reasonable grounds to believe that any person, firm, or corporation has knowingly accepted or received from any carriers of persons or property subject to the jurisdiction of the commission, either directly or indirectly, any unlawful rebate, discount, deduction, concession, refund, or remittance from the rates or charges filed and open to public inspection as provided for in the public service laws of this state, ((to)) prosecute a civil action in the name of the people of the state of Washington in the superior court of Thurston county to collect three times the total sum of such rebates, discounts, deductions, concessions, refunds, or remittances so accepted or received within three years prior to the commencement of such action.
     All penalties imposed under the provisions of this section shall be paid to the state treasurer and by him or her deposited in the public service revolving fund.

Sec. 33   RCW 81.28.230 and 1984 c 143 s 9 are each amended to read as follows:
     Whenever the commission finds, after a hearing had upon its own motion or upon complaint, as provided in this chapter, that the rates, fares, or charges demanded, exacted, charged, or collected by any common carrier subject to regulation by the commission as to rates and service for the transportation of persons or property within the state or in connection therewith, or that the regulations or practices of the common carrier affecting those rates are unjust, unreasonable, unjustly discriminatory, or unduly preferential, or in any way are in violation of the provisions of law, or that the rates, fares, or charges are insufficient to yield a reasonable compensation for the service rendered, the commission shall determine and fix by order the just, reasonable, or sufficient rates, fares, or charges, or the regulations or practices to be thereafter observed and enforced. ((This section does not apply to railroad companies, which shall be regulated in this regard by chapter 81.34 RCW and rules adopted thereunder.))

Sec. 34   RCW 81.28.250 and 1961 c 14 s 81.28.250 are each amended to read as follows:
     The commission shall ((have power, and it is hereby made its duty, to)) investigate all interstate, rates, fares, charges, classifications, or rules or practices in relation ((thereto, for or in relation)) to the transportation of persons or property ((where any act in relation thereto shall take place)) within this state, and ((when the same are, in the opinion of)) if the commission((,)) determines that these rates, fares, charges, classification, or rules or practices are excessive or discriminatory, or are ((levied or laid)) applied in violation of the act of congress entitled "An act to regulate commerce," approved February 4, 1887, ((and the acts amendatory thereof and supplementary thereto)) as amended or supplemented, or in conflict with the rulings, orders, or regulations of the ((interstate commerce commission)) applicable federal regulatory agency, the commission shall apply, by petition, to the ((interstate commerce commission)) applicable federal regulatory agency for relief, and may present to the ((interstate commerce commission)) agency all facts ((coming to its knowledge as to)) concerning violations of the rulings, orders, or regulations of that ((commission)) agency, or ((as to)) violations of the ((said)) act to regulate commerce ((or acts amendatory thereof or supplementary thereto)) as amended or supplemented.

Sec. 35   RCW 81.28.260 and 1961 c 14 s 81.28.260 are each amended to read as follows:
     Bicycles ((are hereby declared to be and are deemed baggage, and shall)) must be transported as baggage for passengers by ((railroad corporations and steamboats,)) commercial ferries and are subject to the same liabilities as other baggage((; and no such)). A passenger ((shall be)) is not required to crate, cover, or otherwise protect any ((such)) bicycle((: PROVIDED, That a railroad corporation or steamboat shall)). A commercial ferry is not ((be)) required to transport ((under the provisions of this section)) more than one bicycle for one person.

Sec. 36   RCW 81.29.010 and 1961 c 14 s 81.29.010 are each amended to read as follows:
     ((The term)) "Common carrier," as used in this chapter ((shall include every individual, firm, copartnership, association or corporation, or their lessees, trustees or receivers, engaged in the transportation of property for the public for hire, whether by rail, water, motor vehicle, air or otherwise)), means every common carrier subject to regulation by the commission as to rates and service.

Sec. 37   RCW 81.29.020 and 1982 c 83 s 1 are each amended to read as follows:
     (1) Any common carrier subject to regulation by the commission as to rates and service, receiving property for transportation wholly within the state of Washington from one point in the state of Washington to another point in the state of Washington, shall issue a receipt or bill of lading ((therefor,)) and ((shall be)) is liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it, or by any common carrier to which such property may be delivered, or over whose line or lines such property may pass when transported on a through bill of lading, and ((no)) a contract, receipt, rule, regulation, or other limitation of any character ((whatsoever)), ((shall)) does not exempt such common carrier from the liability imposed; and any such common carrier ((so)) receiving property for transportation wholly within the state of Washington, or any common carrier delivering ((said)) property ((so)) received and transported, ((shall be)) is liable to the lawful holder of ((said)) the receipt or bill of lading, or to any party entitled to recover thereon, whether such receipt or bill of lading has been issued or not, for the full actual loss, damage, or injury to such property caused by it or by any such common carrier to which such property may be delivered, or over whose line or lines such property may pass, when transported on a through bill of lading((, notwithstanding)). Any limitation of liability ((or)), limitation of the amount of recovery, or representation or agreement as to value in any such receipt or bill of lading, or in any contract, rule, or regulation, or in any tariff filed with the commission((; and any such limitation, without respect to the manner or form in which it is sought to be made,)) is ((hereby declared to be)) unlawful and void((: PROVIDED, HOWEVER, That the provisions hereof respecting)).
     (2) Liability for full actual loss, damage, or injury, notwithstanding any limitation of liability or recovery or representation ((or)), agreement, or release as to value, and declaring any such limitation to be unlawful and void, ((shall)) does not apply: First, to baggage carried on ((passenger trains, boats,)) commercial ferries or motor vehicles, or ((aircraft, or trains, boats,)) commercial ferries or motor vehicles((, or aircraft)) carrying passengers; second, to property, ((except ordinary livestock received for transportation)) concerning which the carrier ((shall have been or shall be)) is expressly authorized or required by order of the commission, to establish and maintain rates dependent upon the value declared in writing by the shipper or agreed upon in writing as the released value of the property, in which case such declaration or agreement ((shall have)) has no other effect than to limit liability and recovery to an amount not exceeding the value so declared or released; and any tariff schedule ((which)) that may be filed with the commission pursuant to such order ((shall)) must contain specific reference thereto and may establish rates varying with the value so declared and agreed upon; and the commission ((is hereby empowered to)) may make such order in cases where rates dependent upon and varying with declared or agreed values would, in its opinion, be just and reasonable under the circumstances and conditions surrounding the transportation. ((The term "ordinary livestock" shall include all cattle, swine, sheep, goats, horses, and mules, except such as are chiefly valuable for breeding, racing, show purposes, or other special uses: PROVIDED, FURTHER, That nothing in))
     (3) This section ((shall)) does not deprive any holder of ((such)) a receipt or bill of lading of any remedy or right of action which he or she has under the existing law((: PROVIDED, FURTHER, That)).
     (4) It ((shall be)) is unlawful for any ((such)) receiving or delivering common carrier to provide by rule, contract, regulation, or otherwise a shorter period for the filing of claims than nine months, and for the institution of suits than two years, such period for institution of suits to be computed from the day when notice in writing is given by the carrier to the claimant that the carrier has disallowed the claim or any part or parts thereof specified in the notice((: AND PROVIDED, FURTHER, That for the purposes of this section and of RCW 81.29.030 the delivering carrier in the case of rail transportation shall be construed to be the carrier performing the linehaul service nearest to the point of destination, and not a carrier performing merely a switching service at the point of destination: AND PROVIDED FURTHER, That)).
     (5) The liability imposed by this section ((shall also apply in the case of)) applies to property reconsigned or diverted in accordance with the applicable tariffs filed with the commission.

Sec. 38   RCW 81.44.010 and 1961 c 14 s 81.44.010 are each amended to read as follows:
     Whenever the commission ((shall)), after a hearing had upon its own motion or upon complaint, finds that((, additional tracks, switches, terminals, terminal facilities, stations, motive power or any other property, apparatus,)) any equipment((, facilities or device)) or facility for use by any common carrier in, or in connection with the transportation of persons or property, ought reasonably to be provided, or any repairs or improvements to, or changes in, any theretofore in use ought reasonably to be made, or any additions or changes in construction should reasonably be made thereto, in order to promote the security or convenience of the public or employees, or in order to secure adequate service or facilities for the transportation of passengers or property, the commission may, after a hearing, either on its own motion or after complaint, ((make and)) serve an order directing such repairs, improvements, changes, or additions to be made.

Sec. 39   RCW 81.44.020 and 1982 c 141 s 1 are each amended to read as follows:
     If upon investigation the commission ((shall)) finds that the equipment ((or appliances in connection therewith, or the apparatus)), facilities, tracks, bridges, or other structures of any common carrier are defective, and that the operation thereof is dangerous to the employees of ((such)) the common carrier or to the public, it shall immediately give notice to the superintendent or other officer of ((such)) the common carrier of the repairs or reconstruction necessary to place the same in a safe condition((, and)). The commission may also prescribe the rate of speed for trains or cars passing over ((such)) the dangerous or defective track, bridge, or other structure until the repairs or reconstruction required are made, and may also prescribe the time ((within which the same shall)) when the repairs or reconstruction must be made((.)); or if, in ((its)) the commission's opinion, it is needful or proper, ((it)) the commission may forbid ((the running of)) trains or cars to run over any defective track, bridge, or structure until the ((same be)) track, bridge, or structure is repaired and placed in a safe condition. ((Failure of a)) Railroad bridges or trestles ((to be equipped with)) without walkways and handrails may be identified as an unsafe or defective condition under this section after a hearing ((had)) by the commission upon complaint or on its own motion. The commission, in making ((such)) the determination, shall balance considerations of employee and public safety with the potential for increased danger to the public resulting from adding ((such)) walkways or handrails to railway bridges((: PROVIDED, That)). A railroad company and its employees ((shall)) are not ((be)) liable for injury to or death of any person occurring on or about any railway bridge or trestle if ((such)) the person was not a railway employee but was a trespasser or was otherwise not authorized to be in the location where ((such)) the injury or death occurred.
     ((There shall be no)) Appeal from or action to review any order of the commission made under ((the provisions of)) this section is not available if the commission finds that immediate compliance is necessary for the protection of employees or the public.

Sec. 40   RCW 81.44.040 and 1961 c 14 s 81.44.040 are each amended to read as follows:
     ((Each car shall be equipped with couplers coupling automatically, which can be coupled or uncoupled without the necessity of men going between the ends of the cars, with power brakes, with proper hand brakes, sill steps and grab irons, and, where secure ladders and running boards are required, with such ladders and running boards, and all cars having ladders shall also be equipped with secure hand holds or grab irons on their roofs at the tops of such ladders, and with such other appliances necessary for the safe operation of such cars, and the trains containing such cars, as may be prescribed by the commission: PROVIDED, That in the loading and hauling of long commodities requiring more than one car, hand brakes may be omitted from all save one of the cars, while they are thus combined for such purpose: AND PROVIDED FURTHER, That in the operation of trains not less than eighty-five percent of the cars in such train, which are associated together, shall have their power brakes used and operated by the engineer of the locomotive drawing such train.))
     Every street car ((shall)) must be equipped with proper and efficient brakes, steps, grab irons or hand rails, fenders or aprons or pilots, and with such other appliances, apparatus, and machinery necessary for the safe operation of ((such)) the street car as the commission may prescribe.

Sec. 41   RCW 81.61.020 and 1977 ex.s. c 2 s 2 are each amended to read as follows:
     The utilities and transportation commission shall adopt ((such)) rules and orders ((as are)) necessary to ((insure)) ensure that every passenger-carrying vehicle provided by a railroad company to transport employees in the course of their employment ((shall be)) is maintained and operated in a safe manner ((whether)) when it is used on a public or private road ((or railroad)). ((Such)) The rules and orders ((shall)) must establish minimum standards for:
     (1) The construction and mechanical equipment of the passenger-carrying vehicles, including ((coupling devices,)) lighting devices and reflectors, exhaust system, rear vision mirrors, service and parking brakes, steering mechanisms, tires, warning and signaling devices, windshield wipers, and heating equipment capable of maintaining a reasonable temperature in passenger areas;
     (2) The operation of passenger-carrying vehicles, including driving rules, the loading and carrying of passengers, maximum daily hours of service by drivers, minimum age and skill of drivers, physical condition of drivers, refueling, road warning devices, and the transportation of gasoline and explosives;
     (3) The safety of passengers in a passenger-carrying vehicle, including emergency exits, fire extinguishers, first aid kits, facilities for communication between cab and rear compartments, means of ingress and egress, side walls, canopy, ((and)) tail gates, or other means of retaining passengers within the passenger-carrying vehicle.

NEW SECTION.  Sec. 42   A new section is added to chapter 81.66 RCW to read as follows:
     This chapter applies to persons and motor vehicles engaged in interstate or foreign commerce to the full extent permitted by the Constitution and laws of the United States.
     It is unlawful for any motor carrier to perform a transportation service for compensation upon the public highways of this state without first having secured appropriate federal authority from the United States department of transportation, if such authority is required, and without first having registered with the commission either directly or through a federally authorized uniform registration program.

Sec. 43   RCW 81.66.040 and 1979 c 111 s 7 are each amended to read as follows:
     ((No)) A private, nonprofit transportation provider may not operate in this state without first having obtained from the commission under ((the provisions of)) this chapter a certificate((, but a certificate shall be granted to any private, nonprofit transportation provider holding an auto transportation company certificate on September 1, 1979, upon surrender of the auto transportation company certificate)). Any right, privilege, or certificate held, owned, or obtained by a private, nonprofit transportation provider may be sold, assigned, leased, transferred, or inherited as other property only upon authorization by the commission. The commission shall issue a certificate to any person or corporation who files an application, in a form to be determined by the commission, which sets forth:
     (1) Satisfactory proof of its status as a private, nonprofit corporation;
     (2) The kind of service to be provided;
     (3) The number and type of vehicles to be operated, together with satisfactory proof that the vehicles are adequate for the proposed service and that drivers of such vehicles will be adequately trained and qualified;
     (4) ((Any proposed rates, fares, or charges;
     (5))) Satisfactory proof of insurance or surety bond, in accordance with RCW 81.66.050.
The commission may deny a certificate to a provider who does not meet the requirements of this section. Each vehicle of a private, nonprofit transportation provider ((shall)) must carry a copy of the provider's certificate.

Sec. 44   RCW 81.66.060 and 2005 c 121 s 1 are each amended to read as follows:
     The commission may, at any time, by its order duly entered after notice to the holder of any certificate issued under this chapter, and an opportunity for a hearing, at which it is proven that the holder has willfully violated or refused to observe any of the commission's proper orders, rules, or regulations, suspend, revoke, alter, or amend any certificate issued under ((the provisions of)) this chapter, but the holder of the certificate shall have all the rights of rehearing, review, and appeal as to the order of the commission as is provided for in chapter 34.05 RCW ((81.68.070)).

NEW SECTION.  Sec. 45   A new section is added to chapter 81.68 RCW to read as follows:
     It is unlawful for any motor carrier to perform a transportation service for compensation upon the public highways of this state without first having secured appropriate federal authority from the United States department of transportation, if such authority is required, and without first having registered with the commission either directly or through a federally authorized uniform registration program.

Sec. 46   RCW 81.68.010 and 1989 c 163 s 1 are each amended to read as follows:
     The definitions set forth in this section ((shall)) apply throughout this chapter, unless the context clearly indicates otherwise.
     (1) "Corporation" means a corporation, company, association, or joint stock association.
     (2) "Person" means an individual, firm, or a copartnership.
     (3) "Auto transportation company" means every corporation or person, their lessees, trustees, receivers, or trustees appointed by any court whatsoever, owning, controlling, operating, or managing any motor-propelled vehicle ((not usually operated on or over rails)) used in the business of transporting persons((,)) and their baggage((, mail, and express)) on the vehicles of auto transportation companies carrying passengers, for compensation over any public highway in this state between fixed termini or over a regular route, and not operating exclusively within the incorporated limits of any city or town.
     (4) "Public highway" means every street, road, or highway in this state.
     (5) The words "between fixed termini or over a regular route" mean the termini or route between or over which any auto transportation company usually or ordinarily operates any motor-propelled vehicle, even though there may be departure from the termini or route, whether the departures are periodic or irregular. Whether or not any motor- propelled vehicle is operated by any auto transportation company "between fixed termini or over a regular route" within the meaning of this section is a question of fact, and the finding of the commission thereon is final and is not subject to review.

Sec. 47   RCW 81.68.015 and 1989 c 163 s 2 are each amended to read as follows:
     This chapter does not apply to corporations or persons, their lessees, trustees, receivers, or trustees appointed by any court whatsoever insofar as they own, control, operate, or manage taxicabs, hotel buses, school buses, ((motor propelled vehicles operated exclusively in transporting agricultural, horticultural, dairy, or other farm products from the point of production to the market,)) or any other carrier that does not come within the term "auto transportation company" as defined in RCW 81.68.010.
     This chapter does not apply to persons operating motor vehicles when operated wholly within the limits of incorporated cities or towns, and for a distance not exceeding three road miles beyond the corporate limits of the city or town in Washington in which the original starting point of the vehicle is located, and which operation either alone or in conjunction with another vehicle or vehicles is not a part of any journey beyond the three-mile limit.
     This chapter does not apply to commuter ride sharing or ride sharing for ((the elderly and the handicapped)) persons with special transportation needs in accordance with RCW 46.74.010, so long as the ride-sharing operation does not compete with ((nor)) or infringe upon comparable service actually being provided before the initiation of the ride-sharing operation by an existing auto transportation company certificated under this chapter.

Sec. 48   RCW 81.68.020 and 1989 c 163 s 3 are each amended to read as follows:
     ((No)) A corporation or person, their lessees, trustees, or receivers or trustees appointed by any court whatsoever, may not engage in the business of operating as a common carrier any motor-propelled vehicle for the transportation of persons((,)) and their baggage((, mail, and express)) on the vehicles of auto transportation companies carrying passengers, between fixed termini or over a regular route for compensation on any public highway in this state, except in accordance with ((the provisions of)) this chapter.

Sec. 49   RCW 81.68.040 and 2005 c 121 s 3 are each amended to read as follows:
     ((No)) An auto transportation company shall not operate for the transportation of persons((,)) and their baggage((, mail and express on the vehicles of auto transportation companies carrying passengers,)) for compensation between fixed termini or over a regular route in this state, without first having obtained from the commission under ((the provisions of)) this chapter a certificate declaring that public convenience and necessity require such operation((; but a certificate shall be granted when it appears to the satisfaction of the commission that such person, firm or corporation was actually operating in good faith, over the route for which such certificate shall be sought on January 15, 1921)). Any right, privilege, certificate held, owned, or obtained by an auto transportation company may be sold, assigned, leased, transferred, or inherited as other property, only ((upon authorization)) if authorized by the commission. The commission ((shall have power)) may, after notice and an opportunity for a hearing, when the applicant requests a certificate to operate in a territory already served by a certificate holder under this chapter, only when the existing auto transportation company or companies serving such territory will not provide the same to the satisfaction of the commission, or when the existing auto transportation company does not object, and in all other cases with or without hearing, ((to)) issue ((said)) the certificate as prayed for; or for good cause shown ((to)), may refuse to issue same, or ((to)) issue it for the partial exercise only of ((said)) the privilege sought, and may attach to the exercise of the rights granted by ((said)) the certificate to such terms and conditions as, in its judgment, the public convenience and necessity may require.

Sec. 50   RCW 81.68.060 and 1989 c 163 s 5 are each amended to read as follows:
     In granting certificates to operate any auto transportation company, for transporting for compensation persons and their baggage((, mail, and express)) on the vehicles of auto transportation companies carrying passengers, the commission shall require the owner or operator to first procure liability and property damage insurance from a company licensed to make liability insurance in the state of Washington or a surety bond of a company licensed to write surety bonds in the state of Washington on each motor-propelled vehicle used or to be used in transporting persons for compensation, in ((the)) an amount of ((not)) no less than one hundred thousand dollars for any recovery for personal injury by one person ((and not)), no less than three hundred thousand dollars for any vehicle having a capacity of sixteen passengers or less ((and not)), no less than five hundred thousand dollars for any vehicle having a capacity of seventeen passengers or more for all persons receiving personal injury by reason of at least one act of negligence, and ((not)) no less than fifty thousand dollars for damage to property of any person other than the ((assured)) insured. The commission shall fix the amount of the insurance policy or policies or security deposit by giving due consideration to the character and amount of traffic, the number of persons affected, and the degree of danger that the proposed operation involves. The liability and property damage insurance or surety bond ((shall)) must be maintained in force on (([the])) the motor-propelled vehicle while ((so used)) in use, and each policy for liability or property damage insurance or surety bond required by this section ((shall)) must be filed with the commission and kept in full force and effect. Failure ((so)) to ((do)) file and maintain the required insurance is cause for the revocation of the certificate.

Sec. 51   RCW 81.68.065 and 1961 c 14 s 81.68.065 are each amended to read as follows:
     Any auto transportation company ((now or hereafter)) authorized to transport persons for compensation on the highways and engaging in interstate, or interstate and intrastate, operations within the state of Washington which is or becomes qualified as a self-insurer with the ((interstate commerce commission)) federal motor carrier safety administration of the United States ((in accordance with the provisions of)) department of transportation under the United States interstate commerce act applicable to self insurance by motor carriers, ((shall be)) is exempt, so long as such qualification remains effective, from all provisions of law relating to the carrying or filing of insurance policies or bonds in connection with such operations.
     The commission may require ((proof of)) auto transportation companies to prove the existence and continuation of such qualification with the ((interstate commerce commission to be made)) federal motor carrier safety administration by affidavit ((of the auto transportation company,)) in ((such)) any form ((as)) the commission ((shall)) prescribes.

Sec. 52   RCW 81.68.080 and 2003 c 53 s 398 are each amended to read as follows:
     (((1) Except as otherwise provided in this section,)) Every officer, agent, or employee of any corporation, and every other person who violates or fails to comply with, or who procures, aids, or abets in the violation of any provisions of this chapter, or who fails to obey, observe, or comply with any order, decision, rule or regulation, direction, demand, or requirement, or any part of provision thereof, is guilty of a gross misdemeanor.
     (((2)(a) Except as provided in (b) of this subsection, violation of such an order, decision, rule or regulation, direction, demand, or requirement relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction.
     (b) Violation of such an order, decision, rule or regulation, direction, demand, or requirement equivalent to those provisions of Title 46 RCW set forth in RCW 46.63.020 is a misdemeanor.))

Sec. 53   RCW 81.68.090 and 1961 c 14 s 81.68.090 are each amended to read as follows:
     ((Neither this chapter nor any provision thereof shall apply or be construed to apply to commerce with foreign nations or commerce among the several states of this union except insofar as the same may be permitted under the provisions of the Constitution of the United States and the acts of congress.)) This chapter applies to persons and motor vehicles engaged in interstate or foreign commerce to the full extent permitted by the Constitution and laws of the United States.

NEW SECTION.  Sec. 54   A new section is added to chapter 81.70 RCW to read as follows:
     It is unlawful for any motor carrier to perform a transportation service for compensation upon the public highways of this state without first having secured appropriate federal authority from the United States department of transportation, if such authority is required, and without first having registered with the commission either directly or through a federally authorized uniform registration program.

Sec. 55   RCW 81.70.020 and 1989 c 163 s 6 are each amended to read as follows:
     Unless the context otherwise requires, the definitions and general provisions ((set forth)) in this section ((shall)) govern the construction of this chapter:
     (1) "Commission" means the Washington utilities and transportation commission;
     (2) "Person or persons" means an individual, a corporation, association, joint stock association, and partnership, their lessees, trustees, or receivers;
     (3) "Public highway" includes every public street, road, or highway in this state;
     (4) "Motor vehicle" means every self-propelled vehicle with seating capacity for seven or more persons, excluding the driver;
     (5) Subject to the exclusions of RCW 81.70.030, "charter party carrier ((of passengers))" means every person engaged in the transportation over any public highways in this state of a group of persons, who, pursuant to a common purpose and under a single contract, ((have acquired)) acquire the use of a motor ((bus)) vehicle to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartered group after ((having left)) leaving the place of origin((.));
     (6) Subject to the exclusion of RCW 81.70.030, "excursion service carrier" means every person engaged in the transportation of persons for compensation over any public highway in this state from points of origin within the incorporated limits of any city or town or area, to any other location within the state of Washington and returning to that origin. The service ((shall)) must not pick up or drop off passengers after leaving and before returning to the area of origin. The excursions may ((or may not)) be regularly scheduled. Compensation for the transportation offered or afforded ((shall)) must be computed, charged, or assessed by the excursion service company on an individual fare basis.

Sec. 56   RCW 81.70.030 and 1989 c 283 s 17 are each amended to read as follows:
     ((Provisions of)) This chapter ((do)) does not apply to:
     (1) Persons operating motor vehicles wholly within the limits of incorporated cities;
     (2) Persons or their lessees, receivers, or trustees insofar as they own, control, operate, or manage taxicabs, hotel buses, or school buses, when operated as such;
     (3) Passenger vehicles carrying passengers on a noncommercial enterprise basis; or
     (4) ((Operators of charter boats operating on waters within or bordering this state; or
     (5))) Limousine charter party carriers of passengers under chapter ((81.90)) 46.72A RCW.

Sec. 57   RCW 81.70.230 and 1988 c 30 s 3 are each amended to read as follows:
     (1) Applications for certificates ((shall)) must be made to the commission in writing, verified under oath, and shall be in ((such)) a form and contain ((such)) information as the commission by regulation may require. Every ((such)) application ((shall)) must be accompanied by a fee as the commission may prescribe by rule.
     (2) A certificate ((shall)) must be issued to any ((qualified)) applicant ((authorizing, in whole or in part, the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and to conform to the provisions of this chapter and the rules and regulations of the commission.
     (3) Before a certificate is issued, the commission shall require the applicant to establish safety fitness and proof of minimum financial responsibility as provided in this chapter)) who establishes proof of safety fitness and insurance coverage under this chapter.

Sec. 58   RCW 81.70.250 and 1989 c 163 s 8 are each amended to read as follows:
     The commission may cancel, revoke, or suspend any certificate issued under this chapter on any of the following grounds:
     (1) The violation of any of the provisions of this chapter;
     (2) The violation of an order, decision, rule, regulation, or requirement established by the commission ((pursuant to)) under this chapter;
     (3) Failure of a charter party carrier or excursion service carrier of passengers to pay a fee, under this chapter, imposed on the carrier within the time required by law; or
     (4) Failure of a charter party carrier or excursion service carrier to maintain required insurance coverage in full force and effect((; or
     (5) Failure of the certificate holder to operate and perform reasonable service)).

Sec. 59   RCW 81.70.280 and 1989 c 163 s 11 are each amended to read as follows:
     (1) In ((granting)) issuing certificates under this chapter, the commission shall require charter party carriers and excursion service carriers ((of passengers)) to procure and continue in effect during the life of the certificate, liability and property damage insurance from a company licensed to make liability insurance in the state of Washington or a surety bond of a company licensed to write surety bonds in the state of Washington on each motor-propelled vehicle used or to be used in transporting persons for compensation, in the following amounts:
     (a) Not less than one hundred thousand dollars for any recovery for personal injury by one person; and
     (b) Not less than three hundred thousand dollars for any vehicle having a capacity of sixteen passengers or less; and
     (c) Not less than five hundred thousand dollars for any vehicle having a capacity of seventeen passengers or more for all receiving personal injury by ((reason of)) at least one act of negligence; and
     (d) Not less than fifty thousand dollars for damage to property of any person other than the insured.
     (2) The commission shall fix the amount of the insurance policy or policies or security deposit by giving consideration to the character and amount of traffic, the number of persons affected, and the degree of danger which the proposed operation involves. ((Such)) The liability and property damage insurance or surety bond ((shall)) must be maintained in force on each motor-propelled vehicle while ((so used)) in use. Each policy for liability or property damage insurance or surety bond required ((herein shall)) by this section must be filed with the commission and kept in effect ((and a)). Failure ((so)) to ((do)) file and maintain the required insurance is cause for the revocation of the certificate.

Sec. 60   RCW 81.70.290 and 1989 c 163 s 12 are each amended to read as follows:
     A charter party carrier or excursion service carrier of passengers, authorized to transport persons for compensation on the highways and engaging in interstate, or interstate and intrastate, operations within the state of Washington which is or becomes qualified as a self-insurer with the ((interstate commerce commission)) federal motor carrier safety administration of the United States department of transportation in accordance with the United States interstate commerce act applicable to self-insurance by motor carriers, is exempt from RCW 81.70.280 relating to the carrying or filing of insurance policies or bonds in connection with ((such)) carrier operations as long as ((such)) the qualification remains effective.
     The commission may require ((proof of)) the charter party carrier or excursion service carrier to prove the existence and continuation of qualification with the ((interstate commerce commission to be made)) federal motor carrier safety administration by affidavit ((of the charter party carrier or excursion service carrier)) in a form the commission may prescribe.

Sec. 61   RCW 81.70.320 and 1989 c 163 s 13 are each amended to read as follows:
     (1) An application for a certificate ((or)), amendment ((thereof)) of a certificate, or ((application to sell, lease, mortgage, or)) transfer of a certificate((, shall)) must be accompanied by ((such)) a filing fee((s as)) the commission may prescribe by rule((, however)). The fee ((shall)) must not exceed two hundred dollars.
     (2) All fees paid to the commission under this chapter ((shall)) must be deposited in the state treasury to the credit of the public service revolving fund.
     (3) It is the intent of the legislature that all fees collected under this chapter ((shall)) must reasonably approximate the cost of supervising and regulating charter party carriers and excursion service carriers subject thereto, and to that end the commission ((is authorized to)) may decrease the schedule of fees provided for in RCW 81.70.350 by general order entered before November 1st of any year in which the commission determines that the moneys, then in the charter party carrier and excursion service carrier account of the public service revolving fund, and the fees currently ((to be paid)) owed will exceed the reasonable cost of supervising and regulating such carriers during the succeeding calendar year. Whenever the cost accounting records of the commission indicate that the schedule of fees previously reduced should be increased, ((such)) the increase, not ((in any event)) to exceed the schedule set forth in this chapter, may be effected by a similar general order entered before November 1st of any calendar year.

Sec. 62   RCW 81.70.330 and 1989 c 163 s 14 are each amended to read as follows:
     (1) It is unlawful for a charter party carrier or excursion service carrier to operate a motor ((bus)) vehicle upon the highways of this state unless there is firmly affixed to both sides of the vehicle ((on both sides thereof)), the name of the carrier and the certificate or permit number of ((such)) the carrier. The characters composing ((such)) the identification ((shall)) must be of sufficient size to be clearly distinguishable at a distance of at least fifty feet from the vehicle.
     (2) A charter party carrier or excursion service carrier holding both intrastate and interstate authority may identify its vehicles with either the commission permit number or the federal vehicle marking requirement established by the United States department of transportation for interstate motor carriers.

Sec. 63   RCW 81.70.340 and 1989 c 163 s 15 are each amended to read as follows:
     ((It is unlawful for a charter party carrier or excursion service carrier of passengers engaged in interstate or foreign commerce to use any of the public highways of this state for the transportation of passengers in interstate or foreign commerce, unless such carrier has identified its vehicles and registered its interstate or foreign operations with the commission. Interstate and foreign carriers possessing operating authority issued by the interstate commerce commission shall register such authority pursuant to Public Law 89-170, as amended, and the regulations of the interstate commerce commission adopted thereunder. Interstate and foreign charter party carriers and excursion service carriers of passengers exempt from regulation by the interstate commerce commission shall register their interstate operations under regulations adopted by the commission, which shall, to the maximum extent practical, conform to the regulations promulgated by the interstate commerce commission under Public Law 89-170, as amended. All other provisions of)) This chapter ((shall be applicable)) applies to persons and motor carriers ((of passengers)) engaged in interstate or foreign commerce ((insofar as the same are not prohibited under)) to the full extent permitted by the Constitution and laws of the United States ((or federal statute)).

NEW SECTION.  Sec. 64   A new section is added to chapter 81.77 RCW to read as follows:
     It is unlawful for any motor carrier to perform a transportation service for compensation upon the public highways of this state without first having secured appropriate federal authority from the United States department of transportation, if such authority is required, and without first having registered with the commission either directly or through a federally authorized uniform registration program.

Sec. 65   RCW 81.77.010 and 1989 c 431 s 17 are each amended to read as follows:
     As used in this chapter:
     (1) "Motor vehicle" means any truck, trailer, semitrailer, tractor, or any self-propelled or motor driven vehicle used upon any public highway of this state for the purpose of transporting solid waste, for the collection ((and/))or disposal ((thereof)), or both, of solid waste;
     (2) "Public highway" means every street, road, or highway in this state;
     (3) "Common carrier" means any person who ((undertakes to)) collects and transports solid waste((,)) for ((the collection and/or)) disposal ((thereof,)) by motor vehicle for compensation, whether over regular or irregular routes, or by regular or irregular schedules;
     (4) "Contract carrier" means all ((garbage and refuse)) solid waste transporters not included under the terms "common carrier" and "private carrier," as ((herein)) defined in this section, and further, ((shall)) includes any person who under special and individual contracts or agreements transports solid waste by motor vehicle for compensation;
     (5) "Private carrier" means a person who, in his or her own vehicle, transports solid waste purely as an incidental adjunct to some other established private business owned or operated by ((him)) the person in good faith((: PROVIDED, That)). A person who transports solid waste from residential sources in a vehicle designed or used primarily for the transport of solid waste ((shall)) is not ((constitute)) a private carrier;
     (6) "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by which any solid waste is or may be transported or drawn upon a public highway, ((excepting)) except devices moved by human or animal power or used exclusively upon stationary rail or tracks;
     (7) "Solid waste collection company" means every person or his or her lessees, receivers, or trustees, owning, controlling, operating, or managing vehicles used in the business of transporting solid waste for collection ((and/))or disposal, or both, for compensation, except septic tank pumpers, over any public highway in this state ((whether)) as a "common carrier" ((thereof)) or as a "contract carrier" ((thereof));
     (8) "Solid waste collection" does not include collecting or transporting recyclable materials from a drop-box or recycling buy-back center, ((nor)) or collecting or transporting recyclable materials by or on behalf of a commercial or industrial generator of recyclable materials to a recycler for use or reclamation. Transportation of these materials is regulated under chapter 81.80 RCW; ((and))
     (9) "Solid waste" means the same as defined under RCW 70.95.030, except for the purposes of this chapter solid waste does not include recyclable materials except for source separated recyclable materials collected from residences((.)); and
     (10) When the phrase "garbage and refuse" is used as a qualifying phrase or otherwise, it means "solid waste."

Sec. 66   RCW 81.77.040 and 2005 c 121 s 6 are each amended to read as follows:
     ((No)) A solid waste collection company shall ((hereafter)) not operate for the hauling of solid waste for compensation without first having obtained from the commission a certificate declaring that public convenience and necessity require such operation. ((A condition of operating)) To operate a solid waste collection company in the unincorporated areas of a county ((shall be complying)), the company must comply with the solid waste management plan prepared under chapter 70.95 RCW ((applicable)) in the company's franchise area.
     Issuance of the certificate of necessity ((shall)) must be determined ((upon)) on, but not limited to, the following factors: The present service and the cost thereof for the contemplated area to be served; an estimate of the cost of the facilities to be utilized in the plant for solid waste collection and disposal, ((sworn to before a notary public)) set out in an affidavit or declaration; a statement of the assets on hand of the person, firm, association, or corporation ((which)) that will be expended on the purported plant for solid waste collection and disposal, ((sworn to before a notary public)) set out in an affidavit or declaration; a statement of prior experience, if any, in such field by the petitioner, ((sworn to before a notary public)) set out in an affidavit or declaration; and sentiment in the community contemplated to be served as to the necessity for such a service.
     When an applicant requests a certificate to operate in a territory already served by a certificate holder under this chapter, the commission may, after notice and an opportunity for a hearing, issue the certificate only if the existing solid waste collection company or companies serving the territory will not provide service to the satisfaction of the commission or if the existing solid waste collection company does not object.
     In all other cases, the commission may, with or without hearing, issue certificates, or for good cause shown refuse to issue them, or issue them for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted such terms and conditions as, in its judgment, the public convenience and necessity may require.
     Any right, privilege, certificate held, owned, or obtained by a solid waste collection company may be sold, assigned, leased, transferred, or inherited as other property, ((but)) only ((upon authorization)) if authorized by the commission.
     ((Any solid waste collection company which upon July 1, 1961 is operating under authority of a common carrier or contract carrier permit issued under the provisions of chapter 81.80 RCW shall be granted a certificate of necessity without hearing upon compliance with the provisions of this chapter. Such solid waste collection company which has paid the plate fee and gross weight fees required by chapter 81.80 RCW for the year 1961 shall not be required to pay additional like fees under the provisions of this chapter for the remainder of such year.))
     For purposes of issuing certificates under this chapter, the commission may adopt categories of solid wastes as follows: Garbage, refuse, recyclable materials, and demolition debris. A certificate may be issued for one or more categories of solid waste. Certificates issued on or before July 23, 1989, shall not be expanded or restricted by operation of this chapter.

Sec. 67   RCW 81.77.100 and 1989 c 431 s 25 are each amended to read as follows:
     ((Neither this chapter nor any provision thereof shall apply, or be construed to apply, to commerce with foreign nations or commerce among the several states except insofar as the same may be permitted under the provisions of the Constitution of the United States and the acts of congress.
     However, in order)) This chapter applies to persons and motor vehicles engaged in interstate or foreign commerce to the full extent permitted by the Constitution and laws of the United States.
     To protect public health and safety and to ensure solid waste collection services are provided to all areas of the state, the commission, in accordance with this chapter, shall regulate all solid waste collection companies conducting business in the state.

Sec. 68   RCW 81.80.010 and 1989 c 60 s 1 are each amended to read as follows:
     The definitions set forth in this section apply throughout this chapter.
     (1) "Person" ((means and)) includes an individual, firm, copartnership, corporation, company, or association or their lessees, trustees, or receivers.
     (2) "Motor vehicle" means any truck, trailer, semitrailer, tractor, dump truck which uses a hydraulic or mechanical device to dump or discharge its load, or any self-propelled or motor-driven vehicle used upon any public highway of this state for the purpose of transporting property, but not including baggage, mail, and express transported on the vehicles of auto transportation companies carrying passengers.
     (3) "Public highway" means every street, road, or highway in this state.
     (4) "Common carrier" means any person who undertakes to transport property for the general public by motor vehicle for compensation, whether over regular or irregular routes, or regular or irregular schedules, including motor vehicle operations of other carriers by rail or water and of express or forwarding companies.
     (5) "Contract carrier" includes all motor vehicle operators not included under the terms "common carrier" and "private carrier" as ((herein)) defined in ((paragraph (4) and paragraph (6))) this section, and further includes any person who under special and individual contracts or agreements transports property by motor vehicle for compensation.
     (6) A "private carrier" is a person who transports by his or her own motor vehicle, with or without compensation ((therefor)), property which is owned or is being bought or sold by ((such)) the person, or property ((of which such)) where the person is the seller, purchaser, lessee, or bailee ((where such)) and the transportation is incidental to and in furtherance of some other primary business conducted by ((such)) the person in good faith.
     (7) "Motor carrier" ((means and)) includes "common carrier," "contract carrier," "private carrier," and "exempt carrier" as ((herein)) defined in this section.
     (8) "Exempt carrier" means any person operating a vehicle exempted ((from certain provisions of this chapter)) under RCW 81.80.040.
     (9) "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by which any person or property is or may be transported or drawn upon a public highway, ((excepting)) except devices moved by human or animal power or used exclusively upon stationary rail or tracks.
     (10) (("Commercial zone" means an area encompassing one or more cities or towns and environs adjacent thereto established pursuant to RCW 81.80.400.
     (11) "Terminal area" means an area including one or more cities or towns and environs adjacent thereto established pursuant to RCW 81.80.400.
     (12))) "Common carrier" and "contract carrier" includes persons engaged in the business of providing, contracting for, or undertaking to provide transportation of property for compensation over the public highways of the state of Washington as brokers or forwarders.
     (11) "Household goods carrier" means a person engaged in the business of transporting household goods as defined by the commission.

Sec. 69   RCW 81.80.020 and 1961 c 14 s 81.80.020 are each amended to read as follows:
     The business of operating as a motor carrier of freight for compensation along the highways of this state is declared to be a business affected with a public interest. The rapid increase of motor carrier freight traffic and the fact that under the existing law many motor trucks are not effectively regulated have increased the dangers and hazards on public highways and make it imperative that ((more complete)) regulation to the fullest extent allowed under 49 U.S.C. Sec. 14501 should be employed to the end that the highways may be rendered safer for the use of the general public; that the wear of such highways may be reduced; that congestion on highways may be minimized; that the shippers of the state may be provided with a stabilized service and rate structure; that sound economic conditions in such transportation and among such carriers may be fostered in the public interest; that adequate, economical, and efficient service by motor carriers, and reasonable charges therefor, without unjust discrimination, undue preferences or advantages, or unfair or destructive competitive practices may be promoted; that the common carriage of commodities by motor carrier may be preserved in the public interest; that the relations between, and transportation by and regulation of, motor carriers and other carriers may be improved and coordinated so that the highways of the state of Washington may be properly developed and preserved, and the public may be assured adequate, complete, dependable, and stable transportation service in all its phases.

Sec. 70   RCW 81.80.045 and 1979 ex.s. c 138 s 1 are each amended to read as follows:
     (((1) Except as provided in subsections (2) and (3) of this section, the provisions of)) This chapter ((shall)) does not apply to the operations of a shipper or a group or association of shippers in consolidating or distributing freight for themselves or for their members on a nonprofit basis for the purpose of securing the benefits of carload, truckload, or other volume rates, when the services of a common carrier are used for the transportation of such shipments.
     (((2) Every shipper or group or association of shippers claiming this exemption shall file with the commission on an annual basis a statement of nonprofit status and such proof of that status as the commission may by rule require.
     (3) The commission may examine the books and records of any shipper or group or association of shippers claiming exemption under this section solely for the purpose of investigating violations of this section.))

Sec. 71   RCW 81.80.060 and 1969 ex.s. c 210 s 17 are each amended to read as follows:
     Every person who engages for compensation to perform a combination of services, a substantial portion of which includes transportation of property of others upon the public highways ((shall be)), is subject to the jurisdiction of the commission as to such transportation and shall not engage ((upon the same)) in such transportation without first having obtained a common carrier or contract carrier permit to do so. ((An example of such)) A combination of services ((shall)) includes, but is not ((be)) limited to, the delivery of household appliances for others where the delivering carrier also unpacks or uncrates the appliances and makes the initial installation ((thereof. Every person engaging in such a combination of services shall advise the commission what portion of the consideration is intended to cover the transportation service and if the agreement covering the combination of services is in writing, the rate and charge for such transportation shall be set forth therein. The rates or charges for the transportation services included in such combination of services shall be subject to control and regulation by the commission in the same manner that the rates of common and contract carriers are now controlled and regulated)). Any person engaged in extracting ((and/))or processing, or both, and, in connection therewith, hauling materials exclusively for the maintenance, construction, or improvement of a public highway ((shall not be deemed to be)) is not engaged in performing a combination of services.

Sec. 72   RCW 81.80.070 and 1999 c 79 s 1 are each amended to read as follows:
     (1) ((No ")) A common carrier,((" "))contract carrier,((")) or (("))temporary carrier((")) shall not operate for the transportation of property for compensation in this state without first obtaining from the commission a permit ((so to do)) for such operation.
     (a) For household goods:
     (i) Permits ((heretofore issued or hereafter)) issued to any carrier((, shall)) must be exercised by ((said)) the carrier to the fullest extent ((so as)) to render reasonable service to the public. Applications for ((common or contract)) household goods carrier permits or permit extensions ((thereof shall)) must be on file for a period of at least thirty days ((prior to the granting thereof)) before issuance unless the commission finds that special conditions require ((the)) earlier ((granting thereof)) issuance.
     (((2))) (ii) A permit or permit extension ((thereof shall)) must be issued to any qualified applicant ((therefor)), authorizing the whole or any part of the operations covered by the application, if it is found that: The applicant is fit, willing, and able ((properly)) to perform the services proposed and conform to ((the provisions of)) this chapter and the requirements, rules, and regulations of the commission ((thereunder, and that such)); the operations ((will be)) are consistent with the public interest((,)); and, in the case of common carriers, ((that the same)) they are ((or will be)) required by the present or future public convenience and necessity((,)); otherwise ((such)) the application ((shall)) must be denied.
     (((3) Nothing contained in)) (b) For general commodities other than household goods:
     (i) The commission shall issue a common carrier permit to any qualified applicant if it is found the applicant is fit, willing, and able to perform the service and conform to the provisions of this chapter and the rules and regulations of the commission.
     (ii) Before a permit is issued, the commission shall require the applicant to establish safety fitness and proof of minimum financial responsibility as provided in this chapter.
     (2) This chapter ((shall be construed to)) does not confer ((upon)) on any person or persons the exclusive right or privilege of transporting property for compensation over the public highways of the state.
     (((4))) (3) A common carrier, contract carrier, or temporary carrier operating without the permit required in subsection (1) of this section, or who violates a cease and desist order of the commission issued under RCW 81.04.510, is subject to a penalty, under the process set forth in RCW 81.04.405, of one thousand five hundred dollars.
     (((5))) (4) Notwithstanding RCW 81.04.510, the commission may, in conjunction with issuing the penalty set forth in subsection (((4))) (3) of this section, issue cease and desist orders to carriers operating without the permit required in subsection (1) of this section, and to all persons involved in the carriers' operations.

Sec. 73   RCW 81.80.080 and 1991 c 41 s 1 are each amended to read as follows:
     Application for permits ((shall)) must be made to the commission in writing and ((shall)) must state the ownership, financial condition, equipment to be used and physical property of the applicant, the territory or route or routes in or over which the applicant proposes to operate, the nature of the transportation to be engaged in, and ((such)) other information as the commission may require((, and in case such application is that of a "contract carrier" shall have attached thereto photocopies of all contracts to furnish transportation covered by such application)).

Sec. 74   RCW 81.80.130 and 1961 c 14 s 81.80.130 are each amended to read as follows:
     To the extent allowed under 49 U.S.C. Sec. 14501, the commission shall: Supervise and regulate every (("))common carrier((")) in this state; make, fix, alter, and amend, just, fair, reasonable, minimum, maximum, or minimum and maximum, rates, charges, classifications, rules, and regulations for all (("))common carriers((")); regulate the accounts, service, and safety of operations thereof; require the filing of reports and other data thereby; and supervise and regulate all (("))common carriers((")) in all other matters affecting their relationship with competing carriers of every kind and the shipping and general public((: PROVIDED,)). The commission may by order approve rates filed by common carriers in respect to certain designated commodities and services when, in the opinion of the commission, it is impractical for the commission to make, fix, or prescribe rates covering ((such)) the commodities and services.

Sec. 75   RCW 81.80.140 and 1961 c 14 s 81.80.140 are each amended to read as follows:
     To the extent allowed under 49 U.S.C. Sec. 14501, the commission ((is hereby vested with power and authority, and it is hereby made its duty, to)) shall: Supervise and regulate every (("))contract carrier((")) in this state; ((to)) fix, alter, and amend, just, fair, and reasonable classifications, rules, and regulations and minimum rates and charges of each ((such "))contract carrier((")); ((to)) regulate the account, service, and safety of contract carriers' operations ((thereof)); ((and)) require the filing of reports and of other data thereby; and ((to)) supervise and regulate ((such "))contract carriers((")) in all other matters affecting their relationship with both the shipping and the general public.

Sec. 76   RCW 81.80.150 and 1993 c 97 s 4 are each amended to read as follows:
     The commission shall make, fix, construct, compile, promulgate, publish, and distribute tariffs containing compilations of rates, charges, classifications, rules, and regulations to be used by all ((common)) household goods carriers. In compiling ((such)) these tariffs ((it)), the commission shall include within any given tariff compilation ((such)) the carriers, groups of carriers, commodities, or geographical areas ((as)) it determines ((shall be)) are in the public interest. ((Such)) The compilations and publications may be made by the commission by compiling the rates, charges, classifications, rules, and regulations now in effect, and as they may be amended and altered from time to time after notice and hearing, by issuing and distributing revised pages or supplements to ((such)) the tariffs or reissues ((thereof)) of tariffs in accordance with the orders of the commission((: PROVIDED, That)). The commission, upon good cause shown, may establish temporary rates, charges, or classification changes which may be made permanent only after publication in an applicable tariff for not less than sixty days((,)) and a determination by the commission ((thereafter)) that the rates, charges, or classifications are just, fair, and reasonable((: PROVIDED FURTHER, That temporary rates shall not be made permanent except upon notice and hearing if within sixty days from date of publication, a shipper or common carrier, or representative of either, shall file with the commission a protest alleging such temporary rates to be unjust, unfair, or unreasonable. For purposes of this proviso, the)). If a shipper or common carrier, or representative of either, files a protest with the commission, within sixty days from the date of publication, stating that the temporary rates are unjust, unfair, or unreasonable, the commission must hold a hearing to consider the protest. Publication of these temporary rates in the tariff ((shall be deemed)) is adequate public notice. ((Nothing herein shall be construed to prevent)) The commission ((from proceeding on its own motion)) may, upon notice and hearing, ((to)) fix and determine just, fair, and reasonable rates, charges, and classifications. Each common carrier shall purchase from the commission and post tariffs applicable to its authority. The commission shall set fees for the sale, supplements, and corrections of the tariffs((, and supplements and corrections of them,)) at rates to cover all costs of making, fixing, constructing, compiling, promulgating, publishing, and distributing the tariffs. The proper tariff, or tariffs, applicable to a carrier's operations ((shall)) must be available to the public at each agency and office of all common carriers operating within this state. ((Such)) The compilations and publications ((shall)) must be sold by the commission for the established fee. However, copies may be furnished for free to other regulatory bodies and departments of government and to colleges, schools, and libraries. All copies of the compilations, whether sold or given for free, ((shall)) must be issued and distributed under rules ((and regulations to be)) fixed by the commission((: PROVIDED FURTHER, That)). The commission may by order authorize common carriers to publish and file tariffs with the commission and be governed ((thereby)) by the tariffs in respect to certain designated commodities and services when, in the opinion of the commission, it is impractical for the commission to make, fix, construct, compile, publish, and distribute tariffs covering such commodities and services.

Sec. 77   RCW 81.80.170 and 1963 c 242 s 2 are each amended to read as follows:
     The commission may issue temporary permits to temporary (("common carriers" or "contract carriers")) household goods carriers for ((a period not to exceed)) no more than one hundred eighty days, but only after ((it)) the commission finds that the issuance of ((such)) the temporary permits is consistent with the public interest. ((It)) The commission may prescribe ((such)) special rules and regulations and impose ((such)) special terms and conditions ((with reference thereto)) as in its judgment are reasonable and necessary in carrying out the provisions of this chapter.
     The commission may also issue temporary permits pending the determination of an application filed with the commission for approval of a consolidation or merger of the properties of two or more ((common)) household goods carriers or ((contract carriers or)) of a purchase or lease of one or more ((common carriers or contract)) household goods carriers.

Sec. 78   RCW 81.80.190 and 1986 c 191 s 5 are each amended to read as follows:
     The commission shall, in ((the granting of)) issuing permits to (("))common carriers((")) and (("))contract carriers((")) under this chapter, require ((such)) the carriers to either procure and file liability and property damage insurance from a company licensed to write such insurance in the state of Washington, or deposit ((such)) security, for ((such)) the limits of liability and ((upon such)) on terms and conditions ((as)) that the commission ((shall)) determines ((to be)) are necessary for the reasonable protection of the public against damage and injury for which ((such)) the carrier may be liable by reason of the operation of any motor vehicle.
     In fixing the amount of ((said)) the insurance policy or policies, or deposit of security, the commission shall ((give due consideration to)) consider the character and amount of traffic and the number of persons affected and the degree of danger ((which)) that the proposed operation involves.
     ((If the commission is notified of the cancellation, revocation, or any other changes in the required insurance or security of a common carrier or contract carrier with a permit to transport radioactive or hazardous materials, the commission shall immediately notify the state radiation control agency of the change.))

Sec. 79   RCW 81.80.220 and 1961 c 14 s 81.80.220 are each amended to read as follows:
     ((No "common carrier" or "contract carrier")) A household goods carrier shall not collect or receive a greater, less, or different remuneration for the transportation of property or for any service in connection therewith than the rates and charges ((which shall have been)) that are either legally established and filed with the commission((,)) or ((as)) are specified in the contract or contracts filed((, as the case may be, nor shall any such)). A household goods carrier shall not refund or remit in any manner or by any device any portion of the rates and charges required to be collected by each tariff or contract or filing with the commission.
     The commission may check the records of all carriers under this chapter and of those employing the services of the carrier ((for the purpose of discovering)) to discover all discriminations, under or overcharges, and rebates, and may suspend or revoke permits for violations of this section.
     The commission may refuse to accept any time schedule ((or)), tariff, or contract that ((will)), in the opinion of the commission, limits the service of a carrier to profitable trips only or to the carrying of high class commodities in competition with other carriers who give a complete service ((and thus afford)) affording one carrier an unfair advantage over a competitor.

Sec. 80   RCW 81.80.230 and 1980 c 132 s 2 are each amended to read as follows:
     Any person, whether a household goods carrier subject to ((the provisions of)) this chapter, shipper, or consignee, or any officer, employee, agent, or representative thereof, who ((shall)): (1) Offers, grants, ((or)) gives, ((or)) solicits, accepts, or receives any rebate, concession, or discrimination in violation of ((any provision of)) this chapter((, or who)); (2) by means of any false statement or representation, or by the use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease, or bill of sale, or by any other means or device ((shall)) assists, suffers, or permits any person or persons, natural or artificial, to obtain transportation of property subject to this chapter for less than the applicable rate, fare, or charge((,)); or ((who shall)) (3) fraudulently seeks to evade or defeat regulation ((as in this chapter provided for)) of motor carriers ((shall be)) under this chapter is subject to a civil penalty of not more than one hundred dollars for each violation. Each and every ((such)) violation ((shall be)) is a separate and distinct offense, and in case of a continuing violation every day's continuance ((shall be)) is a separate and distinct violation. Every act ((of commission)) or omission ((which)) that procures, aids, or abets in the violation ((shall be considered)) is also a violation under this section and subject to the penalty ((provided for in)) under this section.
     The penalty ((provided for in)) under this section ((shall become)) is due and payable when the person incurring the penalty receives a notice in writing from the commission describing the violation with reasonable particularity and advising the person that the penalty is due. The commission may, upon a written application ((therefor,)) received within fifteen days, remit or mitigate any penalty ((provided for in)) under this section or discontinue any prosecution to recover the penalty upon such terms as the commission in its discretion deems proper. The commission ((has authority to)) may ascertain the facts ((upon)) on all ((such)) applications ((in such manner and under such regulations as it may deem proper)). If the penalty is not paid to the commission within fifteen days after receipt of the notice imposing the penalty, or the application for remission or mitigation ((has)) is not ((been)) made within fifteen days after the violator has received notice of the disposition of the application, the attorney general shall bring an action in the name of the state of Washington in the superior court of Thurston county or ((of some other)) another county ((in which)) where the violator may do business, to recover the penalty. In all such actions, the procedure and rules of evidence ((shall be)) are the same as in an ordinary civil action except as otherwise provided in this section. All penalties recovered under this section ((shall)) must be paid into the state treasury and credited to the public service revolving fund.

Sec. 81   RCW 81.80.250 and 1961 c 14 s 81.80.250 are each amended to read as follows:
     The commission may((, under such rules and regulations as it shall prescribe,)) require any ((common)) household goods carrier to file a surety bond, or deposit security, in ((a sum to be)) an amount determined by the commission, ((to be)) that is conditioned ((upon such)) on the carrier ((making compensation to)) compensating the shippers and consignees for all money belonging to the shippers and consignees, and coming into the possession of ((such)) the carrier in connection with its transportation service. Any ((common)) household goods carrier ((which may be)) required by law to compensate a shipper or consignee for any loss, damage, or default, for which a connecting common carrier is legally responsible, ((shall)) must be subrogated to the rights of ((such)) the shipper or consignee under any ((such)) bond or deposit of security to the extent of the ((sum so)) amount paid.

Sec. 82   RCW 81.80.260 and 1967 c 69 s 3 are each amended to read as follows:
     It ((shall be)) is unlawful for any ((person)) household goods carrier to operate any vehicle at the same time in more than one class of operation, except upon approval of the commission and a finding that ((such)) the operation ((will be)) is in the public interest.
     ((No ")) An exempt carrier((" as such)) shall not transport property for compensation except as ((hereinabove)) provided under this chapter.

Sec. 83   RCW 81.80.270 and 1973 c 115 s 12 are each amended to read as follows:
     ((No)) Permits issued under ((the authority of)) this chapter ((shall be construed to be)) are neither irrevocable((.)) nor ((shall such permit be)) subject to transfer or assignment except upon a proper showing that property rights might be affected thereby, and then in the discretion of the commission.
     ((No)) Any person, partnership, or corporation, singly or in combination with any other person, partnership, or corporation, whether a household goods carrier holding a permit or otherwise, or any combination of such, shall not acquire control or enter into any agreement or arrangement to acquire control of a ((common or contract)) household goods carrier holding a permit through ownership of its stock or through purchase, lease, or contract to manage the business, or otherwise, except after and with the approval and authorization of the commission((: PROVIDED, That)). However, upon the dissolution of a partnership, which holds a permit, because of the death, bankruptcy, or withdrawal of a partner where ((such)) the partner's interest is transferred to his or her spouse or to one or more remaining partners, or in the case of a corporation which holds a permit, in the case of the death of a shareholder where a shareholder's interest upon death is transferred to his or her spouse or to one or more of the remaining shareholders, the commission shall transfer the permit to the newly organized partnership ((which)) that is substantially composed of the remaining partners, or continue the corporation's permit without ((making the proceeding subject to)) hearing and protest. In all other cases, any ((such)) transaction either directly or indirectly entered into without approval of the commission ((shall be)) is void ((and of no effect)), and it ((shall be)) is unlawful for any person seeking to acquire or divest control of ((such)) the permit to be a party to ((any such)) the transaction without approval of the commission.
     Every carrier who ((shall)) ceases operation and abandons his or her rights under the permits issued to him or her shall notify the commission within thirty days of ((such)) the cessation or abandonment((, and return to the commission the identification cards issued to him)).

Sec. 84   RCW 81.80.272 and 1973 c 115 s 13 are each amended to read as follows:
     Except as otherwise provided in RCW 81.80.270, any permit granted or issued to any ((person)) household goods carrier under this chapter and held by ((that)) a person alone or in conjunction with others other than as stockholders in a corporation at the time of his or her death ((shall be)) is transferable ((the same)) as any other right or interest of the person's estate subject to the following:
     (1) Application for transfer ((shall)) must be made to the commission in ((such)) a form and contain ((such)) information ((as)) prescribed by the commission ((shall prescribe)). The transfer described in ((any such)) the application ((shall)) must be approved if it appears from the application or from any hearing held thereon or from any investigation thereof that the proposed transferee is fit, willing, and able properly to perform the services authorized by the permit to be transferred and to conform to the provisions of this chapter and the requirements, rules, and regulations of the commission ((thereunder)), otherwise the application ((shall)) must be denied.
     (2) Temporary continuance of motor carrier operations without prior compliance with ((the provisions of)) this section ((will be)) is recognized as justified by the public interest ((in cases in which)) when the personal representatives, heirs, or surviving spouses of deceased persons desire to continue the operations of the carriers whom they succeed in interest subject to ((such)) reasonable rules and regulations ((as)) prescribed by the commission ((may prescribe)).
     In case of temporary continuance under this section, the successor shall immediately procure insurance or deposit security as required by RCW 81.80.190.
     Immediately upon any ((such)) temporary continuance of motor carrier operations and in any event not more than thirty days thereafter, the successor shall give notice of the succession by written notice to the commission containing ((such)) information ((as)) prescribed by the commission ((shall prescribe)).

Sec. 85   RCW 81.80.280 and 1987 c 209 s 1 are each amended to read as follows:
     Permits may be canceled, suspended, altered, or amended by the commission upon complaint by any interested party, or upon the commission's own motion after notice and opportunity for hearing, when the permittee or ((his or its)) permittee's agent has repeatedly violated this chapter, the rules and regulations of the commission, or the motor laws of this state or of the United States, or the ((permittee)) household goods carrier has made unlawful rebates or has not conducted ((his)) its operation in accordance with the permit ((granted him. Any person may at the instance of)). The commission ((be enjoined)) may enjoin any person from any violation of ((the provisions of)) this chapter, or any order, rule, or regulation made by the commission pursuant to the terms hereof. If ((such)) the suit ((be)) is instituted by the commission ((no)), a bond ((shall be)) is not required as a condition to the issuance of ((such)) the injunction.

Sec. 86   RCW 81.80.305 and 1991 c 241 s 1 are each amended to read as follows:
     (1) All motor vehicles, other than those exempt under subsection (2) of this section, must display a permanent marking identifying the name or number, or both, on each side of the power units. For a motor vehicle that is a common or contract carrier under permit by the commission as described in subsection (3)(a) of this section, a private carrier under subsection (4) of this section, or a leased carrier as described in subsection (5) of this section, any required identification that is added, modified, or renewed after September 1, 1991, must be displayed on the driver and passenger doors of the power unit. The identification must be in a clearly legible style with letters no less than three inches high and in a color contrasting with the surrounding body panel.
     (2) This section does not apply to (a) vehicles exempt under RCW 81.80.040, and (b) vehicles operated by private carriers that singly or in combination are less than thirty-six thousand pounds gross vehicle weight.
     (3) If the motor vehicle is operated as (a) a common or contract carrier under a permit by the commission, the identification must contain the name of the permittee, or business name, and the permit number, or (b) a common or contract carrier holding both intrastate and interstate authority, the identification may be either the ((ICC certificate number or)) commission permit number or the federal vehicle marking requirement established by the United States department of transportation for interstate motor carriers.
     (4) If the motor vehicle is a private carrier, the identification must contain the name and address of either the business operating the vehicle or the registered owner.
     (5) If the motor vehicle is operated under lease, the vehicle must display either permanent markings or placards on the driver and passenger doors of the power unit. A motor vehicle under lease (a) that is operated as a common or contract carrier under permit by the commission must display identification as provided in subsection (3)(a) of this section, and (b) that is operated as a private carrier must display identification as provided in subsection (4) of this section.

Sec. 87   RCW 81.80.330 and 1995 c 272 s 5 are each amended to read as follows:
     The commission ((is hereby empowered to)) may administer and enforce all provisions of this chapter and ((to)) inspect the vehicles, books, and documents of all (("))motor carriers((")) and the books, documents, and records of those using the service of the carriers for the purpose of discovering all discriminations and rebates and other information pertaining to the enforcement of this chapter and shall prosecute violations thereof. The commission shall employ ((such)) auditors, inspectors, clerks, and assistants ((as it may deem)) necessary for the enforcement of this chapter. The Washington state patrol shall perform all motor carrier safety inspections required by this chapter, including terminal safety audits, except for (1) those carriers subject to the economic regulation of the commission, or (2) a vehicle owned or operated by a carrier affiliated with a solid waste company subject to economic regulation by the commission. ((The attorney general shall assign at least one assistant to the exclusive duty of assisting the commission in the enforcement of this chapter, and the prosecution of persons charged with the violation thereof. It shall be the duty of)) The Washington state patrol and the sheriffs of the counties ((to)) shall make arrests and the county attorneys ((to)) shall prosecute violations of this chapter.

Sec. 88   RCW 81.80.370 and 1961 c 14 s 81.80.370 are each amended to read as follows:
     This chapter ((shall apply)) applies to persons and motor vehicles engaged in interstate or foreign commerce to the full extent permitted by the Constitution and laws of the United States.

Sec. 89   RCW 81.80.371 and 1963 c 59 s 9 are each amended to read as follows:
     It ((shall be)) is unlawful for any motor carrier to perform a transportation service for compensation upon the public highways of this state without first having secured appropriate federal authority from the ((Interstate Commerce Commission)) United States department of transportation, if ((such)) the authority is required, and without first having registered ((such authority, if any,)) with the commission either directly or through a federally authorized uniform registration program.
     ((It shall also be unlawful for a carrier to perform a transportation service for compensation on the public highways of this state as an interstate carrier of commodities included in the exemptions provided in section 203(b) of the Interstate Commerce Act without having first registered as such a carrier with the commission.
     Such registration shall be granted upon application, without hearing, upon payment of the appropriate filing fee prescribed by this chapter for other applications for operating authority.))

Sec. 90   RCW 81.80.430 and 1991 c 146 s 1 are each amended to read as follows:
     (1) A person who provides brokering or forwarding services for the transportation of property in intrastate commerce shall file with the commission and keep in effect, a surety bond or deposit of satisfactory security, in a sum to be determined by the commission, but not less than five thousand dollars, conditioned upon ((such)) the broker or forwarder ((making compensation to)) compensating shippers, consignees, and carriers for all moneys belonging to them and coming into the broker's or forwarder's possession in connection with the transportation service.
     (2) ((It is unlawful for a broker or forwarder to conduct business in this state without first securing appropriate authority from the Interstate Commerce Commission, if such authority is required, and registering with and providing satisfactory evidence of financial responsibility to the Washington utilities and transportation commission. Satisfactory evidence of financial responsibility shall consist of a surety bond or deposit of security. Compliance with this requirement may be met by filing a copy of a surety bond or trust fund approved by the Interstate Commerce Commission. The commission shall grant such registration without hearing, upon application and payment of a one-time registration fee as prescribed by the commission. For purposes of this subsection, a broker or forwarder conducts business in this state when the broker or forwarder, its employees, or agents is physically present in the state and is acting as a broker or forwarder.
     (3))) Failure to file the bond((,)) or deposit security((, or provide satisfactory evidence of financial responsibility)) is sufficient cause for ((refusal of)) the commission to refuse to grant the application for a permit or registration. Failure to maintain the bond or the deposit of security is sufficient cause for cancellation of a permit or registration.

NEW SECTION.  Sec. 91   A new section is added to chapter 81.80 RCW to read as follows:
     (1) The collection or transportation of recyclable materials from a drop box or recycling buy-back center, or collection or transportation of recyclable materials by or on behalf of a commercial or industrial generator of recyclable materials to a recycler for use or reclamation is subject to regulation under this chapter.
     (2) Nothing in this chapter changes RCW 81.77.010(8), to allow any entity, other than a solid waste collection company authorized by the commission or an entity collecting solid waste from a city or town under chapter 35.21 or 35A.21 RCW, to collect solid waste that may incidentally contain recyclable materials.

Sec. 92   RCW 81.84.010 and 2003 c 373 s 4 and 2003 c 83 s 211 are each reenacted and amended to read as follows:
     (1) ((No)) A commercial ferry may ((hereafter)) not operate any vessel or ferry for the public use for hire between fixed termini or over a regular route upon the waters within this state, including the rivers and lakes and Puget Sound, without first applying for and obtaining from the commission a certificate declaring that public convenience and necessity require such operation. Service authorized by certificates issued before or after July 25, 1993, to a commercial ferry operator ((shall)) must be exercised by the operator in a manner consistent with the conditions established in the certificate or tariffs((: PROVIDED, That no)). However, a certificate ((shall be)) is not required for a vessel primarily engaged in transporting freight other than vehicles, whose gross earnings from the transportation of passengers ((and/))or vehicles, or both, are not more than ten percent of the total gross annual earnings of such vessel((: PROVIDED, That nothing herein shall be construed to)). This section does not affect the right of any county public transportation benefit area or other public agency within this state to construct, condemn, purchase, operate, or maintain, itself or by contract, agreement, or lease, with any person, firm, or corporation, ferries or boats across ((or wharfs at or upon)) the waters within this state, including rivers and lakes and Puget Sound, ((provided such)) if the operation is not over the same route or between the same districts((,)) being served by a certificate holder without first acquiring the rights granted to the certificate holder under the certificate((, nor shall this chapter be construed to affect, amend, or invalidate any contract entered into prior to January 15, 1927, for the operation of ferries or boats upon the waters within this state, which was entered into in good faith by any county with any person, firm, or corporation, except that in case of the operation or maintenance by any county, city, town, port district, or other political subdivision by contract, agreement, or lease with any person, firm, or corporation, of ferries or boats across or wharfs at or upon the waters within this state, including rivers and lakes and Puget Sound, the commission shall have power and authority to regulate rates and services of such operation or maintenance of ferries, boats, or wharfs, to make, fix, alter, or amend said rates, and to regulate service and safety of operations thereof, in the manner and to the same extent as it is empowered to regulate a commercial ferry, notwithstanding the provisions of any act or parts of acts inconsistent herewith)).
     (2) The holder of a certificate of public convenience and necessity granted under this chapter must initiate service within five years of obtaining the certificate, except that the holder of a certificate of public convenience and necessity for passenger-only ferry service in Puget Sound must initiate service within twenty months of obtaining the certificate. The certificate holder shall report to the commission every six months after the certificate is granted on the progress of the certificated route. The reports shall include, but not be limited to, the progress of environmental impact, parking, local government land use, docking, and financing considerations. Except in the case of passenger-only ferry service in Puget Sound, if service has not been initiated within five years of obtaining the certificate, the commission may extend the certificate on a twelve-month basis for up to three years if the six-month progress reports indicate there is significant advancement toward initiating service.
     (((3) The commission shall review certificates in existence as of July 25, 1993, where service is not being provided on all or any portion of the route or routes certificated. Based on progress reports required under subsection (2) of this section, the commission may grant an extension beyond that provided in subsection (2) of this section. Such additional extension may not exceed a total of two years.))

Sec. 93   RCW 81.84.020 and 2006 c 332 s 11 are each amended to read as follows:
     (1) Upon the filing of an application, the commission shall give reasonable notice to the department, affected cities, counties, and public transportation benefit areas and any common carrier which might be adversely affected, of the time and place for hearing on such application. The commission ((shall have power)) may, after notice and an opportunity for a hearing, ((to)) issue the certificate as prayed for, or ((to)) refuse to issue it, or ((to)) issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by ((said)) the certificate ((such)) any terms and conditions as in its judgment the public convenience and necessity may require; but the commission ((shall not have power to)) may not grant a certificate to operate between districts ((and/))or into any territory prohibited by RCW 47.60.120 or already served by an existing certificate holder, unless ((such)) the existing certificate holder has failed or refused to furnish reasonable and adequate service, has failed to provide the service described in its certificate or tariffs after the time ((period)) allowed to initiate service has elapsed, or has not objected to the issuance of the certificate as prayed for((: PROVIDED, A certificate shall be granted when it shall appear to the satisfaction of the commission that the commercial ferry was actually operating in good faith over the route for which such certificate shall be sought, on January 15, 1927: PROVIDED, FURTHER, That in case two or more commercial ferries shall upon said date have been operating vessels upon the same route, or between the same districts the commission shall determine after public hearing whether one or more certificates shall issue, and in determining to whom a certificate or certificates shall be issued, the commission shall consider all material facts and circumstances including the prior operation, schedules, and services rendered by either of the ferries, and in case more than one certificate shall issue, the commission shall fix and determine the schedules and services of the ferries to which the certificates are issued to the end that duplication of service be eliminated and public convenience be furthered)).
     (2) Before issuing a certificate, the commission shall determine that the applicant has the financial resources to operate the proposed service for at least twelve months, based upon the submission by the applicant of a pro forma financial statement of operations. Issuance of a certificate ((shall)) must be determined upon, but not limited to, the following factors: Ridership and revenue forecasts; the cost of service for the proposed operation; an estimate of the cost of the assets to be used in providing the service; a statement of the total assets on hand of the applicant that will be expended on the proposed operation; and a statement of prior experience, if any, in such field by the applicant. The documentation required of the applicant under this section ((shall)) must comply with the provisions of RCW 9A.72.085.
     (3) ((Subsection (2) of this section does not apply to an application for a certificate that is pending as of July 25, 1993.
     (4))) In granting a certificate for passenger-only ferries and determining what conditions to place on the certificate, the commission shall consider and give substantial weight to the effect of its decisions on public agencies operating, or eligible to operate, passenger-only ferry service.
     (((5))) (4) Until July 1, 2007, the commission shall not accept or consider an application for passenger-only ferry service serving any county in the Puget Sound area with a population of over one million people. Applications for passenger-only ferry service serving any county in the Puget Sound area with a population of over one million pending before the commission as of May 9, 2005, ((shall)) must be held in abeyance and not be considered before July 1, 2007.

Sec. 94   RCW 47.76.230 and 1995 c 380 s 4 are each amended to read as follows:
     (1) The department of transportation shall continue its responsibility for the development and implementation of the state rail plan and programs, and the utilities and transportation commission shall continue its responsibility for ((intrastate rates, service, and)) railroad safety issues.
     (2) The department of transportation shall maintain an enhanced data file on the rail system. Proprietary annual station traffic data from each railroad and the modal use of major shippers ((shall)) must be obtained to the extent that such information is available.
     (3) The department of transportation shall provide technical assistance, upon request, to state agencies and local interests. Technical assistance includes, but is not limited to, the following:
     (a) Rail project cost-benefit analyses conducted in accordance with methodologies recommended by the federal railroad administration;
     (b) Assistance in the formation of county rail districts and port districts; and
     (c) Feasibility studies for rail service continuation ((and/))or rail service assistance, or both.
     (4) With funding authorized by the legislature, the department of transportation, in collaboration with the department of community, trade, and economic development, and local economic development agencies, and other interested public and private organizations, shall develop a cooperative process to conduct community and business information programs and to regularly disseminate information on rail matters.

Sec. 95   RCW 47.76.240 and 1995 c 380 s 5 are each amended to read as follows:
     The state, counties, local communities, ports, railroads, labor, and shippers all benefit from continuation of rail service and should participate in its preservation. Lines that provide benefits to the state and local jurisdictions, such as avoided roadway costs, reduced traffic congestion, economic development potential, environmental protection, and safety, should be assisted through the joint efforts of the state, local jurisdictions, and the private sector.
     State funding for rail service, rail preservation, and corridor preservation projects must benefit the state's interests. The state's interest is served by reducing public roadway maintenance and repair costs, increasing economic development opportunities, increasing domestic and international trade, preserving jobs, and enhancing safety. State funding for projects is contingent upon appropriate local jurisdiction and private sector participation and cooperation. Before spending state moneys on projects, the department shall seek federal, local, and private funding and participation to the greatest extent possible.
     (1) The department of transportation shall continue to monitor the status of the state's mainline and branchline common carrier railroads and preserved rail corridors through the state rail plan and various analyses, and shall seek alternatives to abandonment prior to interstate commerce commission proceedings, where feasible.
     (2) The utilities and transportation commission shall intervene in ((interstate commerce commission)) proceedings of the surface transportation board, or its successor agency, on abandonments, when necessary, to protect the state's interest.
     (3) The department of transportation, in consultation with the Washington state freight rail policy advisory committee, shall establish criteria for evaluating rail projects and corridors of significance to the state.
     (4) Local jurisdictions may implement rail service preservation projects in the absence of state participation.
     (5) The department of transportation shall continue to monitor projects for which it provides assistance.

Sec. 96   RCW 81.68.030 and 2005 c 121 s 2 are each amended to read as follows:
     The commission is vested with power and authority, and it is its duty to supervise and regulate every auto transportation company in this state as provided in this section. Under this authority, it shall for each auto transportation company:
     (1) Fix, alter, and amend just, fair, reasonable, and sufficient rates, fares, charges, classifications, rules, and regulations;
     (2) Regulate the accounts, service, and safety of operations;
     (3) Require the filing of annual and other reports and of other data;
     (4) Supervise and regulate the companies in all other matters affecting the relationship between such companies and the traveling and shipping public;
     (5) By general order or otherwise, prescribe rules and regulations in conformity with this chapter, applicable to any and all such companies, and within such limits make orders.
     The commission may, at any time, by its order duly entered after notice to the holder of any certificate under this chapter, and an opportunity for a hearing, at which it shall be proven that the holder willfully violates or refuses to observe any of the commission's proper orders, rules, or regulations, suspend, revoke, alter, or amend any certificate issued under the provisions of this chapter, but the holder of the certificate has all the rights of rehearing, review, and appeal as to the order of the commission as is provided for in chapter 34.05 RCW ((81.68.070)).

Sec. 97   RCW 81.84.060 and 2003 c 373 s 6 are each amended to read as follows:
     The commission, upon complaint by an interested party, or upon its own motion after notice and opportunity for hearing, may cancel, revoke, suspend, alter, or amend a certificate issued under this chapter on any of the following grounds:
     (1) Failure of the certificate holder to initiate service by the conclusion of the fifth year after the certificate has been granted or by the conclusion of an extension granted under RCW 81.84.010(2) ((or (3))), if the commission has considered the progress report information required under RCW 81.84.010(2) ((or (3)));
     (2) Failure of a certificate holder for passenger-only ferry service in Puget Sound to initiate service by the conclusion of the twentieth month after the certificate has been granted;
     (3) Failure of the certificate holder to file an annual report;
     (4) The filing by a certificate holder of an annual report that shows no revenue in the previous twelve-month period after service has been initiated;
     (5) The violation of any provision of this chapter;
     (6) The violation of or failure to observe the provisions or conditions of the certificate or tariffs;
     (7) The violation of an order, decision, rule, regulation, or requirement established by the commission under this chapter;
     (8) Failure of a certificate holder to maintain the required insurance coverage in full force and effect; or
     (9) Failure or refusal to furnish reasonable and adequate service after initiating service.
     The commission shall take appropriate action within thirty days upon a complaint by an interested party or of its own finding that a provision of this section has been violated.

Sec. 98   RCW 79A.40.100 and 1959 c 327 s 10 are each amended to read as follows:
     The procedure for review of the orders or actions of the state parks and recreation commission, its agents or employees, shall be ((the same as that contained in)) conducted in accordance with chapter 34.05 RCW ((81.04.170, 81.04.180, and 81.04.190)).

Sec. 99   RCW 81.53.261 and 1982 c 94 s 1 are each amended to read as follows:
     Whenever the secretary of transportation or the governing body of any city, town, or county, or any railroad company whose road is crossed by any highway, shall deem that the public safety requires signals or other warning devices, other than sawbuck signs, at any crossing of a railroad at common grade by any state, city, town, or county highway, road, street, alley, avenue, boulevard, parkway, or other public place actually open and in use or to be opened and used for travel by the public, he or it shall file with the utilities and transportation commission a petition in writing, alleging that the public safety requires the installation of specified signals or other warning devices at such crossing or specified changes in the method and manner of existing crossing warning devices. Upon receiving such petition, the commission shall promptly set the matter for hearing, giving at least twenty days notice to the railroad company or companies and the county or municipality affected thereby, or the secretary of transportation in the case of a state highway, of the time and place of such hearing. At the time and place fixed in the notice, all persons and parties interested shall be entitled to be heard and introduce evidence, which shall be reduced to writing and filed by the commission. If the commission shall determine from the evidence that public safety does not require the installation of the signal, other warning device or change in the existing warning device specified in the petition, it shall make determinations to that effect and enter an order denying said petition in toto. If the commission shall determine from the evidence that public safety requires the installation of such signals or other warning devices at such crossing or such change in the existing warning devices at said crossing, it shall make determinations to that effect and enter an order directing the installation of such signals or other warning devices or directing that such changes shall be made in existing warning devices. The commission shall also at said hearing apportion the entire cost of installation and maintenance of such signals or other warning devices, other than sawbuck signs, as provided in RCW 81.53.271: PROVIDED, That upon agreement by all parties to waive hearing, the commission shall forthwith enter its order.
     No railroad shall be required to install any such signal or other warning device until the public body involved has either paid or executed its promise to pay to the railroad its portion of the estimated cost thereof.
     Nothing in this section shall be deemed to foreclose the right of the interested parties to enter into an agreement, franchise, or permit arrangement providing for the installation of signals or other warning devices at any such crossing or for the apportionment of the cost of installation and maintenance thereof, or compliance with an existing agreement, franchise, or permit arrangement providing for the same.
     The hearing and determinations authorized by this section may be instituted by the commission on its own motion, and the proceedings, hearing, and consequences thereof shall be the same as for the hearing and determination of any petition authorized by this section.
     No part of the record, or a copy thereof, of the hearing and determination provided for in this section and no finding, conclusion, or order made pursuant thereto shall be used as evidence in any trial, civil or criminal, arising out of an accident at or in the vicinity of any crossing prior to installation of signals or other warning devices pursuant to an order of the commission as a result of any such investigation.
     Any order entered by the utilities and transportation commission under this section shall be subject to review, supersedeas and appeal as provided in chapter 34.05 RCW ((81.04.170 through 81.04.190, respectively)).
     Nothing in this section shall be deemed to relieve any railroad from liability on account of failure to provide adequate protective devices at any such crossing.

Sec. 100   RCW 15.66.270 and 1961 c 11 s 15.66.270 are each amended to read as follows:
     ((Nothing in)) This chapter ((contained shall)) does not apply to((:
     (1) Any order, rule, or regulation issued or issuable by the Washington utilities and transportation commission or the interstate commerce commission with respect to the operation of common carriers;
     (2))) any provision of the statutes of the state of Washington relating to the Washington apple ((advertising)) commission (chapter 15.24 RCW), to the soft tree fruits commission (chapter 15.28 RCW), or to the dairy products commission (chapter 15.44 RCW). ((No)) Marketing agreements or orders shall not be issued with respect to apples, soft tree fruits, or dairy products for the purposes specified in RCW 15.66.030 (1) or ((15.66.030))(2).

NEW SECTION.  Sec. 101   RCW 81.56.120 is recodified as a new section in chapter 81.48 RCW.

NEW SECTION.  Sec. 102   The following acts or parts of acts are each repealed:
     (1) RCW 15.65.610 (Orders, rules of Washington utilities and transportation commission and interstate commerce commission not affected) and 1961 c 256 s 61;
     (2) RCW 81.04.170 (Review of orders) and 1961 c 14 s 81.04.170;
     (3) RCW 81.04.180 (Supersedeas) and 1961 c 14 s 81.04.180;
     (4) RCW 81.04.190 (Appellate review) and 1988 c 202 s 63, 1971 ex.s. c 107 s 5, & 1961 c 14 s 81.04.190;
     (5) RCW 81.04.520 (Rate regulation study) and 1998 c 245 s 164 & 1990 c 21 s 8;
     (6) RCW 81.08.070 (Fee schedule) and 1961 c 14 s 81.08.070;
     (7) RCW 81.36.070 (Purchase, lease, sale, merger of railroads) and 1961 c 14 s 81.36.070;
     (8) RCW 81.40.040 (Train employees -- Hours of service -- Penalty--Enforcement) and 2003 c 53 s 387, 1977 c 70 s 1, & 1961 c 14 s 81.40.040;
     (9) RCW 81.40.100 (Penalty for employing illiterate engineer--Penalty for illiterate person to act as engineer) and 1961 c 14 s 81.40.100;
     (10) RCW 81.44.031 (Safety appliances -- Locomotives operated on class 1 railroads) and 1977 ex.s. c 263 s 1;
     (11) RCW 81.44.032 (Penalties for violating RCW 81.44.031 or tampering with locomotive speedometer lock or recording tape) and 1977 ex.s. c 263 s 2;
     (12) RCW 81.44.050 (Power of commission as to appliances) and 1983 c 3 s 208 & 1961 c 14 s 81.44.050;
     (13) RCW 81.44.060 (Penalty) and 1983 c 3 s 209 & 1961 c 14 s 81.44.060;
     (14) RCW 81.44.065 (Devolution of powers and duties relative to safety of railroads) and 1961 c 14 s 81.44.065;
     (15) RCW 81.44.091 (Cabooses -- Size -- Equipment -- Application) and 1969 ex.s. c 116 s 1;
     (16) RCW 81.44.092 (Cabooses -- Minimum length -- Construction--Insulation -- Cupola) and 1969 ex.s. c 116 s 2;
     (17) RCW 81.44.093 (Cabooses -- Trucks, riding qualities, wheels--Draft gears, minimum travel, minimum capacity) and 1969 ex.s. c 116 s 3;
     (18) RCW 81.44.094 (Cabooses -- Electric lighting -- Markers) and 1969 ex.s. c 116 s 4;
     (19) RCW 81.44.095 (Cabooses -- Glass, glazing materials of safety glass type) and 1969 ex.s. c 116 s 5;
     (20) RCW 81.44.096 (Cabooses -- Stanchions, grab handles, or bars, installation -- Edges and protrusions rounded -- Seat backs, standard) and 1969 ex.s. c 116 s 6;
     (21) RCW 81.44.097 (Cabooses -- Drinking water facilities) and 1969 ex.s. c 116 s 7;
     (22) RCW 81.44.0971 (Cabooses -- Facilities for washing hands and face) and 1969 ex.s. c 116 s 8;
     (23) RCW 81.44.0972 (Cabooses -- Fire extinguisher -- Type, location, and maintenance) and 1969 ex.s. c 116 s 9;
     (24) RCW 81.44.098 (Cabooses -- No violation when move in service if correction made at first available point -- Temporary exemption, procedure, limitations) and 1969 ex.s. c 116 s 10;
     (25) RCW 81.44.0981 (Cabooses -- Register for report of failures--Regulations for use of) and 1969 ex.s. c 116 s 11;
     (26) RCW 81.44.0982 (Cabooses -- Compliance, when -- Standard for compliance) and 1969 ex.s. c 116 s 12;
     (27) RCW 81.44.099 (Cabooses -- Regulation and enforcement--Regulations for) and 1969 ex.s. c 116 s 13;
     (28) RCW 81.44.100 (Penalty) and 1969 ex.s. c 116 s 14 & 1961 c 14 s 81.44.100;
     (29) RCW 81.44.101 (Track motor cars -- Windshield and canopy required) and 1961 c 14 s 81.44.101;
     (30) RCW 81.44.102 (Track motor cars -- Absence of windshield or canopy unlawful) and 1961 c 14 s 81.44.102;
     (31) RCW 81.44.103 (Track motor cars -- Head and tail lights required) and 1961 c 14 s 81.44.103;
     (32) RCW 81.44.104 (Track motor cars -- Absence of lights unlawful) and 1961 c 14 s 81.44.104;
     (33) RCW 81.44.105 (Track motor cars -- Penalty for violation) and 1961 c 14 s 81.44.105;
     (34) RCW 81.44.110 (Equipment is part of cars -- Tare weight) and 1961 c 14 s 81.44.110;
     (35) RCW 81.44.120 (Reimbursement of shipper for supplying equipment) and 1961 c 14 s 81.44.120;
     (36) RCW 81.48.010 (Failure to ring bell -- Penalty -- Exception) and 1995 c 315 s 1 & 1961 c 14 s 81.48.010;
     (37) RCW 81.48.015 (Limiting or prohibiting the sounding of locomotive horns -- Supplemental safety measures -- Notice) and 1995 c 315 s 2;
     (38) RCW 81.52.010 (Physical connections) and 1961 c 14 s 81.52.010;
     (39) RCW 81.52.020 (Sidetrack and switch connections -- Duty to construct) and 1961 c 14 s 81.52.020;
     (40) RCW 81.52.030 (Sidetrack and switch connection may be ordered by commission) and 1961 c 14 s 81.52.030;
     (41) RCW 81.52.040 (Spur tracks) and 1961 c 14 s 81.52.040;
     (42) RCW 81.56.010 (Distribution of cars) and 1961 c 14 s 81.56.010;
     (43) RCW 81.56.020 (Distributing book must be kept) and 1961 c 14 s 81.56.020;
     (44) RCW 81.56.030 (Discrimination prohibited -- Connecting lines) and 1961 c 14 s 81.56.030;
     (45) RCW 81.56.040 (Equal privileges) and 1961 c 14 s 81.56.040;
     (46) RCW 81.56.050 (Joint rates and through routes) and 1961 c 14 s 81.56.050;
     (47) RCW 81.56.060 (Forest products -- Scales at junctions) and 1961 c 14 s 81.56.060;
     (48) RCW 81.56.070 (Forest products -- Charges, how based) and 1961 c 14 s 81.56.070;
     (49) RCW 81.56.080 (Forest products -- Shipper's count and weight) and 1961 c 14 s 81.56.080;
     (50) RCW 81.56.100 (Forest products -- Penalty) and 1961 c 14 s 81.56.100;
     (51) RCW 81.56.110 (Forest products -- Special contracts regarding weights) and 1961 c 14 s 81.56.110;
     (52) RCW 81.56.130 (Commission rules to expedite traffic) and 1961 c 14 s 81.56.130;
     (53) RCW 81.56.140 (Agent -- Fixed place of business) and 1961 c 14 s 81.56.140;
     (54) RCW 81.56.150 (Regulating sale of passenger tickets) and 2003 c 53 s 393 & 1961 c 14 s 81.56.150;
     (55) RCW 81.56.160 (Redemption of unused tickets) and 1961 c 14 s 81.56.160;
     (56) RCW 81.68.070 (Public service law invoked) and 1971 c 81 s 146 & 1961 c 14 s 81.68.070;
     (57) RCW 81.70.300 (Authority of commission and courts) and 1988 c 30 s 10;
     (58) RCW 81.77.015 (Construction of phrase "garbage and refuse") and 1965 ex.s. c 105 s 5;
     (59) RCW 81.77.070 (Public service company law invoked) and 1961 c 295 s 8;
     (60) RCW 81.80.030 (Hidden transportation charges) and 1961 c 14 s 81.80.030;
     (61) RCW 81.80.175 (Permits for farm to market hauling) and 1963 c 242 s 5;
     (62) RCW 81.80.240 (Joint through rates) and 1961 c 14 s 81.80.240;
     (63) RCW 81.80.301 (Registration of motor carriers doing business in state -- Identification number -- Receipt carried in cab -- Fees) and 1993 c 97 s 1;
     (64) RCW 81.80.312 (Interchange of trailers, semitrailers, or power units -- Interchange agreement, approval, restrictions -- Procedure when no agreement) and 1969 ex.s. c 210 s 16, 1967 c 170 s 2, & 1961 c 14 s 81.80.312;
     (65) RCW 81.80.318 (Single trip transit permit) and 1993 c 97 s 2, 1985 c 7 s 153, 1967 c 170 s 3, 1963 c 59 s 8, & 1961 c 14 s 81.80.318;
     (66) RCW 81.80.340 (Public service law invoked) and 1971 c 81 s 147 & 1961 c 14 s 81.80.340;
     (67) RCW 81.80.346 (Venue -- Appeals from rulings and orders) and 1963 c 242 s 4;
     (68) RCW 81.80.375 (Fee when federal requirements necessitate uniform forms evidencing interstate operations) and 1971 ex.s. c 143 s 6;
     (69) RCW 81.80.380 (Cooperation with federal government) and 1961 c 14 s 81.80.380;
     (70) RCW 81.80.381 (Regulation pursuant to act of congress or agreement with interstate commerce commission) and 1963 c 59 s 10;
     (71) RCW 81.80.391 (Reciprocity -- Apportionment of regulatory fees) and 1961 c 14 s 81.80.391;
     (72) RCW 81.80.395 (Idaho vehicles exempt -- Reciprocity) and 2005 c 319 s 135 & 1988 c 138 s 1;
     (73) RCW 81.80.400 (Commercial zones and terminal areas -- Common carriers with existing business within zone -- Persons seeking to serve as common carriers after designation) and 1982 c 71 s 2 & 1972 ex.s. c 22 s 1;
     (74) RCW 81.80.410 (Commercial zones and terminal areas -- Common carriers with existing general freight authority) and 1982 c 71 s 3 & 1972 ex.s. c 22 s 2;
     (75) RCW 81.80.420 (Commercial zones and terminal areas -- Expansion by commission) and 1982 c 71 s 4;
     (76) RCW 81.80.440 (Recovered materials transportation -- When permit required -- Rate regulation exemption -- Definitions) and 1991 c 148 s 1 & 1990 c 123 s 1;
     (77) RCW 81.80.450 (Recovered materials transportation -- Evaluation of rate regulation exemption -- Required information -- Rules) and 1998 c 245 s 167, 1995 c 399 s 212, & 1990 c 123 s 2; and
     (78) RCW 81.80.460 (Recovered materials transportation--Construction) and 1990 c 123 s 3.