AN
ACT Relating to transportation of persons with special needs; amending RCW
82.14.045; adding a new section to chapter 36.57 RCW; and adding a new section
to chapter 36.57A RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 36.57 RCW to read as follows:
(1)
Effective January 1, 2001, in addition to any other authority granted under
this chapter, a county transportation authority may be created to purchase,
acquire, maintain, operate, or lease transportation services, equipment, and
facilities for public transportation limited only to persons with special needs
by any method or combination of methods provided by the authority.
(2)
As used in this section, "persons with special needs" means those
persons, including their personal attendants, who because of physical or mental
disability, income status, or age are unable to transport themselves or
purchase transportation.
(3)
The county transportation authority may fix, regulate, and control fares and
rates to be charged for these transportation services.
NEW
SECTION. Sec. 2. A
new section is added to chapter 36.57A RCW to read as follows:
(1)
Effective January 1, 2001, in addition to any other authority granted under
this chapter, a newly formed public transportation benefit area, or an existing
public transportation benefit area that has not yet successfully submitted an
authorizing proposition to the voters under RCW 82.14.045, may purchase,
acquire, maintain, operate, or lease transportation services, equipment, and
facilities for public transportation limited only to persons with special needs
by any method or combination of methods provided by the area authority.
(2)
As used in this section, "persons with special needs" means those
persons, including their personal attendants, who because of physical or mental
disability, income status, or age are unable to transport themselves or
purchase transportation.
(3)
The public transportation benefit area may fix, regulate, and control fares and
rates to be charged for these transportation services.
Sec.
3. RCW
82.14.045 and 2000 2nd sp.s. c 4 s 16 are each amended to read as follows:
(1)
The legislative body of any city pursuant to RCW 35.92.060, of any county which
has created an unincorporated transportation benefit area pursuant to RCW
36.57.100 and 36.57.110, of any public transportation benefit area pursuant to
RCW 36.57A.080 and 36.57A.090, of any county transportation authority
established pursuant to chapter 36.57 RCW, and of any metropolitan municipal
corporation within a county with a population of one million or more pursuant
to chapter 35.58 RCW, may, by resolution or ordinance for the sole purpose of
providing funds for the operation, maintenance, or capital needs of public
transportation systems or public transportation limited to persons with
special needs under sections 1 and 2 of this act, and in lieu of the excise
taxes authorized by RCW 35.95.040, submit an authorizing proposition to the
voters or include such authorization in a proposition to perform the function
of public transportation or public transportation limited to persons with
special needs under sections 1 and 2 of this act, and if approved by a
majority of persons voting thereon, fix and impose a sales and use tax in
accordance with the terms of this chapter: PROVIDED, That no such legislative
body shall impose such a sales and use tax without submitting such an
authorizing proposition to the voters and obtaining the approval of a majority
of persons voting thereon: PROVIDED FURTHER, That where such a proposition is
submitted by a county on behalf of an unincorporated transportation benefit
area, it shall be voted upon by the voters residing within the boundaries of
such unincorporated transportation benefit area and, if approved, the sales and
use tax shall be imposed only within such area. Notwithstanding any provisions
of this section to the contrary, any county in which a county public
transportation plan has been adopted pursuant to RCW 36.57.070 and the voters
of such county have authorized the imposition of a sales and use tax pursuant
to the provisions of section 10, chapter 167, Laws of 1974 ex. sess., prior to
July 1, 1975, shall be authorized to fix and impose a sales and use tax as
provided in this section at not to exceed the rate so authorized without
additional approval of the voters of such county as otherwise required by this
section.
The
tax authorized pursuant to this section shall be in addition to the tax
authorized by RCW 82.14.030 and shall be collected from those persons who are
taxable by the state pursuant to chapters 82.08 and 82.12 RCW upon the
occurrence of any taxable event within such city, public transportation benefit
area, county, or metropolitan municipal corporation as the case may be. The
rate of such tax shall be one-tenth, two-tenths, three-tenths, four-tenths, five-tenths,
six-tenths, seven-tenths, eight-tenths, or nine-tenths of one percent of the
selling price (in the case of a sales tax) or value of the article used (in the
case of a use tax). The rate of such tax shall not exceed the rate authorized
by the voters unless such increase shall be similarly approved.
(2)(a)
In the event a metropolitan municipal corporation shall impose a sales and use
tax pursuant to this chapter no city, county which has created an
unincorporated transportation benefit area, public transportation benefit area
authority, or county transportation authority wholly within such metropolitan
municipal corporation shall be empowered to levy and/or collect taxes pursuant
to RCW 35.58.273, 35.95.040, and/or 82.14.045, but nothing herein shall prevent
such city or county from imposing sales and use taxes pursuant to any other
authorization.
(b)
In the event a county transportation authority shall impose a sales and use tax
pursuant to this section, no city, county which has created an unincorporated
transportation benefit area, public transportation benefit area, or
metropolitan municipal corporation, located within the territory of the
authority, shall be empowered to levy or collect taxes pursuant to RCW
35.58.273, 35.95.040, or 82.14.045.
(c)
In the event a public transportation benefit area shall impose a sales and use
tax pursuant to this section, no city, county which has created an
unincorporated transportation benefit area, or metropolitan municipal
corporation, located wholly or partly within the territory of the public
transportation benefit area, shall be empowered to levy or collect taxes
pursuant to RCW 35.58.273, 35.95.040, or 82.14.045.
(3)
Any local sales and use tax revenue collected pursuant to this section by any
city or by any county for transportation purposes pursuant to RCW 36.57.100 and
36.57.110 shall not be counted as locally generated tax revenues for the
purposes of apportionment and distribution, in the manner prescribed by chapter
82.44 RCW, of the proceeds of the motor vehicle excise tax authorized pursuant
to RCW 35.58.273, except that the local sales and use tax revenue collected
under this section by a city with a population greater than sixty thousand that
as of January 1, 1998, owns and operates a municipal public transportation
system shall be counted as locally generated tax revenues for the purposes of
apportionment and distribution, in the manner prescribed by chapter 82.44 RCW,
of the proceeds of the motor vehicle excise tax authorized under RCW 35.58.273
as follows:
(a)
For fiscal year 2000, revenues collected under this section shall be counted as
locally generated tax revenues for up to 25 percent of the tax collected under
RCW 35.58.273;
(b)
For fiscal year 2001, revenues collected under this section shall be counted as
locally generated tax revenues for up to 50 percent of the tax collected under
RCW 35.58.273;
(c)
For fiscal year 2002, revenues collected under this section shall be counted as
locally generated tax revenues for up to 75 percent of the tax collected under
RCW 35.58.273; and
(d)
For fiscal year 2003 and thereafter, revenues collected under this section
shall be counted as locally generated tax revenues for up to 100 percent of the
tax collected under RCW 35.58.273.
