CERTIFICATION OF ENROLLMENT

 

                   SUBSTITUTE HOUSE BILL 1273

 

 

                   Chapter 320, Laws of 1995

 

 

 

 

                        54th Legislature

                      1995 Regular Session

 

 

INDIAN TRIBES‑-REFUND OF MOTOR VEHICLE AND SPECIAL FUEL TAXES TO

 

 

                    EFFECTIVE DATE:  5/11/95

Passed by the House April 19, 1995

  Yeas 97   Nays 0

 

 

 

CLYDE BALLARD

 

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.

 

 

 

JOEL PRITCHARD

 

President of the Senate

TIMOTHY A. MARTIN

 

                          Chief Clerk

 

 

Approved May 11, 1995 Place Style On Codes above, and Style Off Codes below.

                                FILED          

 

 

             May 11, 1995 - 1:12 p.m.

 

 

 

    MIKE LOWRY

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                    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.


    Passed the House April 19, 1995.

    Passed the Senate April 13, 1995.

Approved by the Governor May 11, 1995.

    Filed in Office of Secretary of State May 11, 1995.