AN ACT Relating to noxious weed control funding; amending RCW 82.44.020; adding new sections to chapter 17.10 RCW; adding new sections to chapter 43.131 RCW; and providing an expiration date.

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

Sec. 1. Section 82.44.020, chapter 15, Laws of 1961 as last amended by section 19, chapter 3, Laws of 1983 2nd ex. sess. and RCW 82.44.020 are each amended to read as follows:

(1) An excise tax is imposed for the privilege of using in the state any motor vehicle, except those operated under reciprocal agreements, the provisions of RCW 46.16.160 as now or hereafter amended, or dealer's licenses. The annual amount of such excise tax shall be two percent of the fair market value of such vehicle.

(2) From and after August 1, 1978, and until August 1, 2008, an additional excise tax is imposed, in addition to any other tax imposed by this section, for the privilege of using in the state any such motor vehicle, and the annual amount of such additional excise shall be two-tenths of one percent of the fair market value of such vehicle.

(3) The department of licensing and county auditors shall collect the additional tax imposed by subsection (2) of this section for any registration year for the months of that registration year in which such additional tax is effective, and in the same manner and at the same time as the tax imposed by subsection (1) of this section.

(4) In no case shall the total tax be less than two dollars except for proportionally registered vehicles.

(5) An additional tax is imposed equal to the taxes payable under subsections (1) and (2) of this section multiplied by the rate specified in RCW 82.02.030.

(6) An additional tax is imposed equal to the taxes payable under subsections (1) and (2) of this section multiplied by one percent. This additional tax shall be deposited in the noxious weed control fund created by section 2 of this 1985 act. This subsection expires June 30, 1991.

NEW SECTION. Sec. 2. A new section is added to chapter 17.10 RCW to read as follows:

(1) There is hereby created a fund outside the general fund, to be known as the noxious weed control fund.

(2) Moneys in the fund are not subject to appropriation. The moneys shall be distributed from the fund annually by the director of agriculture in accordance with section 3 of this act and shall be used solely for: (a) The purchase of materials or biological control agents for controlling or eradicating noxious weeds; or (b) conducting research regarding such control. Moneys from the fund distributed under section 3(1) of this act shall not be used for administrative costs, compensating personnel, or controlling weeds by mechanical means.

NEW SECTION. Sec. 3. A new section is added to chapter 17.10 RCW to read as follows:

(1) The director of agriculture after consultation with the state noxious weed control board shall by April 1 of each year distribute funds from the noxious weed control fund created by section 2 of this act to those county noxious weed control boards activated under this chapter and active weed districts created under chapters 17.04 and 17.06 RCW, that employ administrative personnel to supervise a weed control program, as determined by the director. The director shall allocate moneys from the fund to the noxious weed control boards at the rate of two and one-half cents per acre for lands within the physical boundaries of the county, plus five cents per motor vehicle registered within that county. Funds shall be allocated on the same basis to counties having more than one weed district and shall be distributed by the director to weed districts based on the percentage of lands of the county which are within the physical boundaries of the weed district. The director after consultation with the state noxious weed control board shall allocate remaining moneys from the fund to the noxious weed control boards and districts based on the severity of noxious weed control problems within the jurisdiction of each if the noxious weed control board or district first submits a request in writing to the director prior to January 1 of each year, stating the amount needed of the unallocated funds and for what purpose the funds would be spent.

(2) One hundred thousand dollars shall be allocated by the director of agriculture, after consultation with the state noxious weed control board, each fiscal year from the noxious weed control fund to one or more state institutions of higher education for research in biological control of noxious weeds and field applications of such controls. Funds provided under this subsection shall not be used to supplant any other funds available to the institutions of higher education for this purpose. The funds shall be allocated only each fiscal year that the director, after consultation with the state noxious weed control board, determines that a reasonable and productive research program will be conducted.

(3) Moneys from the fund that are unexpended one year after having been distributed by the director of agriculture shall be distributed to the general fund.

NEW SECTION. Sec. 4. A new section is added to chapter 17.10 RCW to read as follows:

The department of agriculture shall provide a written report prior to January 1 of each year to the legislature showing the amount of funds disbursed to each noxious weed control board or district from the noxious weed control fund and how the funds were spent.

NEW SECTION. Sec. 5. A new section is added to chapter 17.10 RCW to read as follows:

The department of agriculture may adopt such rules, pursuant to chapter 34.04 RCW, as the department deems necessary for the administration of sections 2 through 4 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 43.131 RCW to read as follows:

The program established under sections 2, 3, 4, and 5 of this act shall be subject to the sunset review process established in this chapter and shall terminate on June 30, 1991, as provided in section 7 of this act.

NEW SECTION. Sec. 7. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1991:

(1) Section 2 of this act;

(2) Section 3 of this act;

(3) Section 4 of this act; and

(4) Section 5 of this act.