SENATE BILL REPORT

SHB 2252

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

As of February 16, 2012

Title: An act relating to proof of payment for certain transportation fares.

Brief Description: Concerning proof of payment for certain transportation fares.

Sponsors: House Committee on Transportation (originally sponsored by Representative Fitzgibbon).

Brief History: Passed House: 2/09/12, 95-2.

Committee Activity: Transportation: 2/16/12.

SENATE COMMITTEE ON TRANSPORTATION

Staff: Hayley Gamble (786-7452)

Background: Metropolitan municipal corporations (Metros), regional transit authorities (RTAs), city-owned transit systems (city-owned transits), and public transportation benefit areas (PTBAs) are special purpose districts authorized to provide public transportation services within their respective boundaries. Passengers traveling on public transportation operated by these transit agencies are required to pay a fare and to provide proof of payment when requested to do so by persons designated to monitor fare payment.

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

Summary of Bill: Metros, RTAs, city-owned transits, and PTBAs are authorized to require passengers to produce proof of payment in a manner determined by the transit agency. This authority includes the ability to require a person using an electronic fare payment card to validate the card through the use of an electronic card reader.

In cases where fare payment is required prior to boarding a transit vehicle, Metros, RTAs, city-owned transits, and PTBAs must place conspicuous signage in boarding areas in order to issue civil infractions for failure to pay the required fare. The signage must clearly indicate the location where fare media may be purchased and that a person using a fare media card must present the card to an electronic reader before entering the transit vehicle or a restricted fare-paid area.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This bill ensures transit passengers are paying their fares. Some courts have interpreted current law to say a passenger does not have to swipe their ORCA card to prove proof of payment.

Persons Testifying: PRO: Representative Fitzgibbon, prime sponsor; Cheryl Huston, ORCA Board.