AN ACT Relating to ride sharing, vanpools, and
public transportation facilities and vehicles; amending RCW 82.08.0287,
82.44.015, 82.12.0282, and 46.16.023; creating new sections; repealing 1987 c
175 s 1 (uncodified); and prescribing penalties.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1.
The legislature finds that ride sharing and vanpools are the fastest growing
transportation choice because of their flexibility and cost-effectiveness.
Ride sharing and vanpools represent an effective means for local jurisdictions,
transit agencies, and the private sector to assist in addressing the
requirements of the Commute Trip Reduction Act, the Growth Management Act, the
Americans with Disabilities Act, and the Clean Air Act.
Sec. 2.
RCW 82.08.0287 and 1980 c 166 s 1 are each amended to read as follows:
The tax imposed by this chapter shall not apply
to sales of ((vans)) passenger motor vehicles which are to be
used ((regularly)) as ride-sharing vehicles, as defined in RCW
46.74.010(3), by not less than ((seven)) five persons, including
((passengers and)) the driver, with a gross vehicle weight not
to exceed 10,000 pounds where the primary usage is for commuter ride-sharing,
as defined in RCW 46.74.010(1), or passenger motor vehicles where the primary
usage is for ride-sharing for the elderly and the handicapped, as defined in
RCW 46.74.010(2), if the ride-sharing vehicles are exempt under RCW 82.44.015
for thirty-six consecutive months beginning within thirty days of application
for exemption under this section. If used as a ride-sharing vehicle for less
than thirty-six consecutive months, the registered owner of one of these
vehicles shall notify the department of revenue upon termination of primary use
of the vehicle as a ride-sharing vehicle and is liable for the tax imposed by
this chapter.
To qualify for the tax exemption, those
passenger motor vehicles with five or six passengers, including the driver,
used for commuter ride-sharing, must be operated either within the state's
eight largest counties that are required to develop commute trip reduction
plans as directed by chapter 70.94 RCW or in other counties, or cities and
towns within those counties, that elect to adopt and implement a commute trip
reduction plan. Additionally at least one of the following conditions must
apply: (1) The vehicle must be operated by a public transportation agency for
the general public; or (2) the vehicle must be used by a major employer, as
defined in RCW 70.94.524 as an element of its commute trip reduction program
for their employees; or (3) the vehicle must be owned and operated by
individual employees and must be registered either with the employer as part of
its commute trip reduction program or with a public transportation agency
serving the area where the employees live or work. Individual employee owned
and operated motor vehicles will require certification that the vehicle is
registered with a major employer or a public transportation agency. Major
employers who own and operate motor vehicles for their employees must certify
that the commuter ride-sharing arrangement conforms to a carpool/vanpool
element contained within their commute trip reduction program.
Sec. 3.
RCW 82.44.015 and 1982 c 142 s 1 are each amended to read as follows:
For the purposes of this chapter, in addition
to the exclusions under RCW 82.44.010, "motor vehicle" shall not
include: (1) ((Vans)) Passenger motor vehicles used ((regularly))
primarily as ride-sharing vehicles, as defined in RCW 46.74.010(3), by
not fewer than ((seven)) five persons, including ((passengers
and)) the driver, or not fewer than ((five)) four
persons including the driver, when at least ((three)) two of
those persons are confined to wheelchairs when riding; or (2) vehicles with a
seating capacity greater than fifteen persons which otherwise qualify as
ride-sharing vehicles under RCW 46.74.010(3) used exclusively for ride sharing
for the elderly or the handicapped by not fewer than seven
persons, including the driver. This exemption is restricted to
passenger motor vehicles with a gross vehicle weight not to exceed 10,000
pounds where the primary usage is for commuter ride-sharing as defined in RCW
46.74.010(1). The registered owner of one of these vehicles shall notify
the department of licensing upon termination of ((regular)) primary
use of the vehicle as a ride-sharing vehicle and shall be liable for the tax
imposed by this chapter, prorated on the remaining months for which the vehicle
is licensed.
To qualify for the tax exemption, those
passenger motor vehicles with five or six passengers, including the driver,
used for commuter ride-sharing, must be operated either within the state's
eight largest counties that are required to develop commute trip reduction
plans as directed by chapter 70.94 RCW or in other counties, or cities and
towns within those counties, that elect to adopt and implement a commute trip
reduction plan. Additionally at least one of the following conditions must
apply: (1) The vehicle must be operated by a public transportation agency for
the general public; or (2) the vehicle must be used by a major employer, as
defined in RCW 70.94.524 as an element of its commute trip reduction program
for their employees; or (3) the vehicle must be owned and operated by
individual employees and must be registered either with the employer as part of
its commute trip reduction program or with a public transportation agency
serving the area where the employees live or work. Individual employee owned
and operated motor vehicles will require certification that the vehicle is
registered with a major employer or a public transportation agency. Major
employers who own and operate motor vehicles for their employees must certify
that the commuter ride-sharing arrangement conforms to a carpool/vanpool
element contained within their commute trip reduction program.
Sec. 4.
RCW 82.12.0282 and 1980 c 166 s 2 are each amended to read as follows:
The tax imposed by this chapter shall not apply
with respect to the use of ((vans)) passenger motor vehicles used
((regularly)) as ride-sharing vehicles, as defined in RCW 46.74.010(3),
by not less than ((seven)) five persons, including ((passengers
and)) the driver, with a gross vehicle weight not to exceed
10,000 pounds where the primary usage is for commuter ride-sharing, as defined
in RCW 46.74.010(1), or passenger motor vehicles where the primary usage is for
ride-sharing for the elderly and the handicapped, as defined in RCW 46.74.010(2),
if the ((vans)) vehicles are exempt under RCW 82.44.015 for
thirty-six consecutive months beginning within thirty days of application for
exemption under this section. If used as a ride-sharing vehicle for less
than thirty-six consecutive months, the registered owner of one of these
vehicles shall notify the department of revenue upon termination of primary use
of the vehicle as a ride-sharing vehicle and is liable for the tax imposed by
this chapter.
To qualify for the tax exemption, those
passenger motor vehicles with five or six passengers, including the driver,
used for commuter ride-sharing, must be operated either within the state's
eight largest counties that are required to develop commute trip reduction
plans as directed by chapter 70.94 RCW or in other counties, or cities and
towns within those counties, that elect to adopt and implement a commute trip
reduction plan. Additionally at least one of the following conditions must
apply: (1) The vehicle must be operated by a public transportation agency for
the general public; or (2) the vehicle must be used by a major employer, as
defined in RCW 70.94.524 as an element of its commute trip reduction program
for their employees; or (3) the vehicle must be owned and operated by
individual employees and must be registered either with the employer as part of
its commute trip reduction program or with a public transportation agency
serving the area where the employees live or work. Individual employee owned
and operated motor vehicles will require certification that the vehicle is
registered with a major employer or a public transportation agency. Major
employers who own and operate motor vehicles for their employees must certify
that the commuter ride-sharing arrangement conforms to a carpool/vanpool
element contained within their commute trip reduction program.
Sec. 5.
RCW 46.16.023 and 1987 c 175 s 2 are each amended to read as follows:
(1) Every owner or lessee of a vehicle seeking
to apply for an excise tax exemption under RCW 82.08.0287, 82.12.0282, or
82.44.015 shall apply to the director for, and upon satisfactory showing of
eligibility, receive in lieu of the regular motor vehicle license plates for
that vehicle, special plates of a distinguishing separate numerical series or
design, as the director shall prescribe. In addition to paying all other
initial fees required by law, each applicant for the special license plates
shall pay an additional license fee of twenty-five dollars upon the issuance of
such plates. The special fee shall be deposited in the motor vehicle fund.
Application for renewal of the license plates shall be as prescribed for the
renewal of other vehicle licenses. No renewal is required for vehicles
exempted under RCW 46.16.020.
(2) Whenever the ownership of a vehicle
receiving special plates under subsection (1) of this section is transferred or
assigned, the plates shall be removed from the motor vehicle, and if another
vehicle qualifying for special plates is acquired, the plates shall be
transferred to that vehicle for a fee of five dollars, and the director shall
be immediately notified of the transfer of the plates. Otherwise the removed
plates shall be immediately forwarded to the director to be canceled. Whenever
the owner or lessee of a vehicle receiving special plates under subsection (1)
of this section is for any reason relieved of the tax-exempt status, the
special plates shall immediately be forwarded to the director along with an
application for replacement plates and the required fee. Upon receipt the
director shall issue the license plates that are otherwise provided by law.
(3) Any person who knowingly makes any false
statement of a material fact in the application for a special plate under
subsection (1) of this section is guilty of a gross misdemeanor.
NEW SECTION. Sec. 6.
The department shall adopt by rule a process requiring annual recertification
upon renewal for vehicles registered under RCW 46.16.023 to discourage abuse of
tax exemptions under RCW 82.08.0287, 82.12.0282, and 82.44.015. The department
of licensing in consultation with the department of transportation shall submit
a report to the legislative transportation committee and the house and senate
standing committees on transportation by July 1, 1996, assessing the
effectiveness of the department of licensing at limiting tax exemptions to bona
fide ride-sharing vehicles.
NEW SECTION. Sec. 7.
1987 c 175 s 1 (uncodified) is repealed.
