CERTIFICATION OF ENROLLMENT

                   SUBSTITUTE HOUSE BILL 1273

                        54th Legislature

                      1995 Regular Session

Passed by the House April 19, 1995   Yeas 97   Nays 0 Speaker of the        House of Representatives Passed by the Senate April 13, 1995   Yeas 43   Nays 0

CERTIFICATE I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1273 as passed by the House of Representatives and the Senate on the dates hereon set forth.

President of the Senate

Chief Clerk

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                        State of Washington

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                            SUBSTITUTE HOUSE BILL 1273

                  _______________________________________________

                             AS AMENDED BY THE SENATE

                     Passed Legislature - 1995 Regular Session

State of Washington              54th Legislature             1995 Regular Session

By House Committee on Transportation (originally sponsored by Representatives Fuhrman, Blanton, Elliot and McMorris)

Read first time 02/09/95.

Refunding motor vehicle fuel and special fuel taxes to Indian tribes.

     AN ACT Relating to refunding motor vehicle fuel and special fuel taxes to Indian tribes; adding a new section to chapter 82.36 RCW; adding a new section to chapter 82.38 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.  The legislature recognizes that certain Indian tribes located on reservations within this state dispute the authority of the state to impose a tax upon the tribe, or upon tribal members, based upon the distribution, sale, or other transfer of motor vehicle and other fuels to the tribe or its members when that distribution, sale, or other transfer takes place upon that tribe's reservation.  While the legislature believes it has the authority to impose state motor vehicle and other fuel taxes under such circumstances, it also recognizes that all of the state citizens may benefit from resolution of these disputes between the respective governments.

NEW SECTION. Sec. 2.  A new section is added to chapter 82.36 RCW to read as follows:

     The department of licensing may enter into an agreement with any federally recognized Indian tribe located on a reservation within this state regarding the imposition, collection, and use of this state's motor vehicle fuel tax, or the budgeting or use of moneys in lieu thereof, upon terms substantially the same as those in the consent decree entered by the federal district court (Eastern District of Washington) in Confederated Tribes of the Colville Reservation v. DOL, et al., District Court No. CY-92-248-JLO.

NEW SECTION. Sec. 3.  A new section is added to chapter 82.38 RCW to read as follows:

     The department of licensing may enter into an agreement with any federally recognized Indian tribe located on a reservation within this state regarding the imposition, collection, and use of this state's special fuel tax, or the budgeting or use of moneys in lieu thereof, upon terms substantially the same as those in the consent decree entered by the federal district court (Eastern District of Washington) in Confederated Tribes of the Colville Reservation v. DOL, et al., District Court No. CY-92-248-JLO.

NEW SECTION. Sec. 4.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 5.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

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