S-3479.3 _______________________________________________
SENATE BILL 6816
_______________________________________________
State of Washington 56th Legislature 2000 Regular Session
By Senators Haugen, Goings, Gardner, Costa and Kline
Read first time 02/01/2000. Referred to Committee on Transportation.
AN ACT Relating to transportation funding; amending RCW 82.08.020, 43.89.010, 46.12.040, 46.68.035, 82.36.380, and 82.38.270; reenacting and amending RCW 43.84.092, 43.84.092, and 43.84.092; adding a new chapter to Title 82 RCW; repealing RCW 82.44.180; providing effective dates; providing a retroactive effective date; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The multimodal fund is created in the state treasury. Revenues under RCW 82.08.020 must be deposited into the fund as provided in that section.
Moneys in the fund may be spent only after appropriation. Expenditures from the fund may be used only for transportation purposes.
NEW SECTION. Sec. 2. Section 1 of this act constitutes a new chapter in Title 82 RCW.
Sec. 3. RCW 82.08.020 and 1998 c 321 s 36 (Referendum Bill No. 49) are each amended to read as follows:
(1) There is levied and there shall be collected a tax on each retail sale in this state equal to six and five-tenths percent of the selling price.
(2)
There is levied and there shall be collected an additional tax on each retail
car rental, regardless of whether the vehicle is licensed in this state, equal
to five and nine-tenths percent of the selling price. The revenue collected
under this subsection shall be deposited ((and distributed in the same
manner as motor vehicle excise tax revenue collected under RCW 82.44.020(1)))
into the multimodal fund established by section 1 of this act.
(3) The taxes imposed under this chapter shall apply to successive retail sales of the same property.
(4) The rates provided in this section apply to taxes imposed under chapter 82.12 RCW as provided in RCW 82.12.020.
Sec. 4. RCW 43.84.092 and 1999 c 380 s 8, 1999 c 309 s 928, 1999 c 268 s 4, and 1999 c 94 s 2 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a)
The following accounts and funds shall receive their proportionate share of
earnings based upon each account's and fund's average daily balance for the
period: The capitol building construction account, the Cedar River channel
construction and operation account, the Central Washington University capital
projects account, the charitable, educational, penal and reformatory
institutions account, the common school construction fund, the county criminal
justice assistance account, the county sales and use tax equalization account,
the data processing building construction account, the deferred compensation
administrative account, the deferred compensation principal account, the
department of retirement systems expense account, the drinking water assistance
account, the Eastern Washington University capital projects account, the
education construction fund, the emergency reserve fund, the federal forest
revolving account, the health services account, the public health services
account, the health system capacity account, the personal health services
account, the state higher education construction account, the higher education
construction account, the highway infrastructure account, the industrial
insurance premium refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement principal account,
the local leasehold excise tax account, the local real estate excise tax
account, the local sales and use tax account, the medical aid account, the mobile
home park relocation fund, the municipal criminal justice assistance account,
the municipal sales and use tax equalization account, the natural resources
deposit account, the perpetual surveillance and maintenance account, the public
employees' retirement system plan 1 account, the public employees' retirement
system plan 2 account, the Puyallup tribal settlement account, the resource
management cost account, the site closure account, the special wildlife
account, the state employees' insurance account, the state employees' insurance
reserve account, the state investment board expense account, the state
investment board commingled trust fund accounts, the supplemental pension
account, the teachers' retirement system plan 1 account, the teachers' retirement
system plan 2 account, the tobacco prevention and control account, the tobacco
settlement account, the transportation infrastructure account, the tuition
recovery trust fund, the University of Washington bond retirement fund, the
University of Washington building account, the volunteer fire fighters' and
reserve officers' relief and pension principal ((account)) fund,
the volunteer fire fighters' ((relief)) and ((pension)) reserve
officers' administrative ((account)) fund, the Washington
judicial retirement system account, the Washington law enforcement officers'
and fire fighters' system plan 1 retirement account, the Washington law
enforcement officers' and fire fighters' system plan 2 retirement account, the
Washington state patrol retirement account, the Washington State University
building account, the Washington State University bond retirement fund, the
water pollution control revolving fund, and the Western Washington University
capital projects account. Earnings derived from investing balances of the
agricultural permanent fund, the normal school permanent fund, the permanent
common school fund, the scientific permanent fund, and the state university
permanent fund shall be allocated to their respective beneficiary accounts.
All earnings to be distributed under this subsection (4)(a) shall first be
reduced by the allocation to the state treasurer's service fund pursuant to RCW
43.08.190.
(b)
The following accounts and funds shall receive eighty percent of their
proportionate share of earnings based upon each account's or fund's average
daily balance for the period: The aeronautics account, the aircraft search and
rescue account, the county arterial preservation account, the department of
licensing services account, the essential rail assistance account, the ferry
bond retirement fund, the grade crossing protective fund, the high capacity
transportation account, the highway bond retirement fund, the highway safety
account, the marine operating fund, the motor vehicle fund, the motorcycle
safety education account, the multimodal fund, the pilotage account, ((the
public transportation systems account,)) the Puget Sound capital
construction account, the Puget Sound ferry operations account, the
recreational vehicle account, the rural arterial trust account, the safety and
education account, the special category C account, the state patrol highway
account, the transportation equipment fund, ((the transportation fund,))
the transportation improvement account, the transportation improvement board
bond retirement account, and the urban arterial trust account.
(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
Sec. 5. RCW 43.84.092 and 1999 c 380 s 8, 1999 c 309, s 928, 1999 c 268 s 4, 1999 c 94 s 3, and 1999 c 94 s 2 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a)
The following accounts and funds shall receive their proportionate share of
earnings based upon each account's and fund's average daily balance for the
period: The capitol building construction account, the Cedar River channel
construction and operation account, the Central Washington University capital
projects account, the charitable, educational, penal and reformatory
institutions account, the common school construction fund, the county criminal
justice assistance account, the county sales and use tax equalization account,
the data processing building construction account, the deferred compensation
administrative account, the deferred compensation principal account, the
department of retirement systems expense account, the drinking water assistance
account, the Eastern Washington University capital projects account, the
education construction fund, the emergency reserve fund, the federal forest revolving
account, the health services account, the public health services account, the
health system capacity account, the personal health services account, the state
higher education construction account, the higher education construction
account, the highway infrastructure account, the industrial insurance premium
refund account, the judges' retirement account, the judicial retirement
administrative account, the judicial retirement principal account, the local
leasehold excise tax account, the local real estate excise tax account, the
local sales and use tax account, the medical aid account, the mobile home park
relocation fund, the municipal criminal justice assistance account, the
municipal sales and use tax equalization account, the natural resources deposit
account, the perpetual surveillance and maintenance account, the public
employees' retirement system plan 1 account, the public employees' retirement
system plan 2 account, the Puyallup tribal settlement account, the resource
management cost account, the site closure account, the special wildlife
account, the state employees' insurance account, the state employees' insurance
reserve account, the state investment board expense account, the state
investment board commingled trust fund accounts, the supplemental pension
account, the teachers' retirement system plan 1 account, the teachers'
retirement system plan 2 account, the tobacco prevention and control account,
the tobacco settlement account, the transportation infrastructure account, the
tuition recovery trust fund, the University of Washington bond retirement fund,
the University of Washington building account, the volunteer fire fighters' and
reserve officers' relief and pension principal ((account)) fund,
the volunteer fire fighters' ((relief)) and ((pension)) reserve
officers' administrative ((account)) fund, the Washington
judicial retirement system account, the Washington law enforcement officers'
and fire fighters' system plan 1 retirement account, the Washington law
enforcement officers' and fire fighters' system plan 2 retirement account, the
Washington state patrol retirement account, the Washington State University
building account, the Washington State University bond retirement fund, the
water pollution control revolving fund, and the Western Washington University
capital projects account. Earnings derived from investing balances of the
agricultural permanent fund, the normal school permanent fund, the permanent
common school fund, the scientific permanent fund, and the state university
permanent fund shall be allocated to their respective beneficiary accounts.
All earnings to be distributed under this subsection (4)(a) shall first be
reduced by the allocation to the state treasurer's service fund pursuant to RCW
43.08.190.
(b)
The following accounts and funds shall receive eighty percent of their proportionate
share of earnings based upon each account's or fund's average daily balance for
the period: The aeronautics account, the aircraft search and rescue account,
the county arterial preservation account, the department of licensing services
account, the essential rail assistance account, the ferry bond retirement fund,
the grade crossing protective fund, the high capacity transportation account,
the highway bond retirement fund, the highway safety account, the motor vehicle
fund, the motorcycle safety education account, the multimodal fund, the
pilotage account, ((the public transportation systems account,)) the
Puget Sound capital construction account, the Puget Sound ferry operations
account, the recreational vehicle account, the rural arterial trust account,
the safety and education account, the special category C account, the state
patrol highway account, the transportation equipment fund, ((the
transportation fund,)) the transportation improvement account, the
transportation improvement board bond retirement account, and the urban
arterial trust account.
(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
Sec. 6. RCW 43.84.092 and 1999 c 380 s 9, 1999 c 309 s 929, 1999 c 268 s 5, and 1999 c 94 s 4 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a)
The following accounts and funds shall receive their proportionate share of
earnings based upon each account's and fund's average daily balance for the
period: The capitol building construction account, the Cedar River channel
construction and operation account, the Central Washington University capital
projects account, the charitable, educational, penal and reformatory
institutions account, the common school construction fund, the county criminal
justice assistance account, the county sales and use tax equalization account,
the data processing building construction account, the deferred compensation
administrative account, the deferred compensation principal account, the
department of retirement systems expense account, the drinking water assistance
account, the Eastern Washington University capital projects account, the
education construction fund, the emergency reserve fund, the federal forest
revolving account, the health services account, the public health services
account, the health system capacity account, the personal health services
account, the state higher education construction account, the higher education
construction account, the highway infrastructure account, the industrial
insurance premium refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement principal account,
the local leasehold excise tax account, the local real estate excise tax
account, the local sales and use tax account, the medical aid account, the
mobile home park relocation fund, the municipal criminal justice assistance
account, the municipal sales and use tax equalization account, the natural
resources deposit account, the perpetual surveillance and maintenance account,
the public employees' retirement system plan 1 account, the public employees'
retirement system plan 2 account, the Puyallup tribal settlement account, the
resource management cost account, the site closure account, the special
wildlife account, the state employees' insurance account, the state employees'
insurance reserve account, the state investment board expense account, the
state investment board commingled trust fund accounts, the supplemental pension
account, the teachers' retirement system plan 1 account, the teachers'
retirement system combined plan 2 and plan 3 account, the tobacco prevention
and control account, the tobacco settlement account, the transportation
infrastructure account, the tuition recovery trust fund, the University of
Washington bond retirement fund, the University of Washington building account,
the volunteer fire fighters' and reserve officers' relief and pension
principal ((account)) fund, the volunteer fire fighters' ((relief))
and ((pension)) reserve officers' administrative ((account))
fund, the Washington judicial retirement system account, the Washington
law enforcement officers' and fire fighters' system plan 1 retirement account,
the Washington law enforcement officers' and fire fighters' system plan 2
retirement account, the Washington school employees' retirement system combined
plan 2 and 3 account, the Washington state patrol retirement account, the
Washington State University building account, the Washington State University
bond retirement fund, the water pollution control revolving fund, and the
Western Washington University capital projects account. Earnings derived from
investing balances of the agricultural permanent fund, the normal school
permanent fund, the permanent common school fund, the scientific permanent
fund, and the state university permanent fund shall be allocated to their
respective beneficiary accounts. All earnings to be distributed under this
subsection (4)(a) shall first be reduced by the allocation to the state
treasurer's service fund pursuant to RCW 43.08.190.
(b)
The following accounts and funds shall receive eighty percent of their
proportionate share of earnings based upon each account's or fund's average
daily balance for the period: The aeronautics account, the aircraft search and
rescue account, the county arterial preservation account, the department of
licensing services account, the essential rail assistance account, the ferry
bond retirement fund, the grade crossing protective fund, the high capacity
transportation account, the highway bond retirement fund, the highway safety
account, the motor vehicle fund, the motorcycle safety education account, the
multimodal fund, the pilotage account, ((the public transportation
systems account,)) the Puget Sound capital construction account, the Puget
Sound ferry operations account, the recreational vehicle account, the rural
arterial trust account, the safety and education account, the special category
C account, the state patrol highway account, the transportation equipment fund,
((the transportation fund,)) the transportation improvement account, the
transportation improvement board bond retirement account, and the urban
arterial trust account.
(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
Sec. 7. RCW 43.89.010 and 1993 sp.s. c 23 s 63 are each amended to read as follows:
The chief of the Washington state patrol is hereby authorized to establish a teletypewriter communications network which will inter-connect the law enforcement agencies of the state and its political subdivisions into a unified written communications system. The chief of the Washington state patrol is authorized to lease or purchase such facilities and equipment as may be necessary to establish and maintain such teletypewriter communications network.
(1) The communications network shall be used exclusively for the official business of the state, and the official business of any city, county, city and county, or other public agency.
(2) This section does not prohibit the occasional use of the state's communications network by any other state or public agency thereof when the messages transmitted relate to the enforcement of the criminal laws of the state.
(3)
The chief of the Washington state patrol shall fix the monthly operational
charge to be paid by any department or agency of state government, or any city,
county, city and county, or other public agency participating in the
communications network: PROVIDED, That in computing charges to be made against
a city, county, or city and county the state shall bear at least fifty percent
of the costs of such service as its share in providing a modern unified
communications network to the law enforcement agencies of the state. Of the
fees collected pursuant to this section, one-half shall be deposited in the
motor vehicle fund and one-half shall be deposited in the ((transportation))
multimodal fund.
(4) The chief of the Washington state patrol is authorized to arrange for the connection of the communications network with the law enforcement communications system of any adjacent state, or the Province of British Columbia, Canada.
Sec. 8. RCW 46.12.040 and 1990 c 238 s 2 are each amended to read as follows:
The application accompanied by a draft, money order, certified bank check, or cash for one dollar and twenty-five cents, together with the last preceding certificates or other satisfactory evidence of ownership, shall be forwarded to the director.
The application fee shall be in addition to any other fee for the license registration of the vehicle. The application fee must be deposited into the multimodal fund. The certificate of ownership shall not be required to be renewed annually, or at any other time, except as by law provided.
In addition to the application fee and any other fee for the license registration of a vehicle, there shall be collected from the applicant an inspection fee whenever a physical examination of the vehicle is required as a part of the vehicle licensing or titling process.
For vehicles previously registered in any other state or country, the inspection fee shall be fifteen dollars and shall be deposited in the motor vehicle fund. For all other vehicles requiring a physical examination, the inspection fee shall be twenty dollars and shall be deposited in the motor vehicle fund.
Sec. 9. RCW 46.68.035 and 1993 c 102 s 7 are each amended to read as follows:
All proceeds from combined vehicle licensing fees received by the director for vehicles licensed under RCW 46.16.070 and 46.16.085 shall be forwarded to the state treasurer to be distributed into accounts according to the following method:
(1)
The sum of two dollars for each vehicle shall be deposited into the ((highway
safety)) multimodal fund, except that for each vehicle registered by
a county auditor or agent to a county auditor pursuant to RCW 46.01.140, the
sum of two dollars shall be credited to the current county expense fund.
(2) The remainder shall be distributed as follows:
(a)
((23.677 percent shall be deposited into the state patrol highway account of
the motor vehicle fund;
(b)))
1.521 percent shall be deposited into the Puget Sound ferry operations account
of the motor vehicle fund; and
(((c)))
(b) The remaining proceeds shall be deposited into the motor vehicle
fund.
Sec. 10. RCW 82.36.380 and 1995 c 287 s 2 are each amended to read as follows:
(1) It is unlawful for a person or corporation to evade a tax or fee imposed under this chapter.
(2) Evasion of taxes or fees under this chapter is a class C felony under chapter 9A.20 RCW. In addition to other penalties and remedies provided by law, the court shall order a person or corporation found guilty of violating subsection (1) of this section to:
(a) Pay the tax or fee evaded plus interest, commencing at the date the tax or fee was first due, at the rate of twelve percent per year, compounded monthly; and
(b)
Pay a penalty of one hundred percent of the tax evaded, to the ((transportation))
multimodal fund of the state.
Sec. 11. RCW 82.38.270 and 1995 c 287 s 4 are each amended to read as follows:
(1) It is unlawful for a person or corporation to evade a tax or fee imposed under this chapter.
(2) Evasion of taxes or fees under this chapter is a class C felony under chapter 9A.20 RCW. In addition to other penalties and remedies provided by law, the court shall order a person or corporation found guilty of violating subsection (1) of this section to:
(a) Pay the tax or fee evaded plus interest, commencing at the date the tax or fee was first due, at the rate of twelve percent per year, compounded monthly; and
(b)
Pay a penalty of one hundred percent of the tax evaded, to the ((transportation))
multimodal fund of the state.
NEW SECTION. Sec. 12. RCW 82.44.180 (Transportation fund--Deposits and distributions) and 1999 c 402 s 5, 1999 c 94 s 31, 1998 c 321 s 41 (Referendum Bill No. 49), & 1995 c 269 s 2601 are each repealed.
NEW SECTION. Sec. 13. Sections 1 and 3 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions. Section 1 of this act takes effect immediately. Section 3 of this act is also remedial in nature and takes effect retroactively as of December 31, 1999. Section 6 of this act takes effect September 1, 2000. The remainder of this act takes effect July 1, 2000.
NEW SECTION. Sec. 14. Sections 4 and 5 of this act expire September 1, 2000.
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