BILL REQ. #:  H-2407.1 

READ FIRST TIME 03/10/03.   

     AN ACT Relating to the collection of voter-approved taxes by a city transportation authority; amending RCW 35.95A.120 and 35.95A.130; adding new sections to chapter 35.95A RCW; prescribing penalties; and declaring an emergency.

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

Sec. 1   RCW 35.95A.120 and 2002 c 248 s 13 are each amended to read as follows:
     The city transportation authority may be dissolved by a vote of the people residing within the boundaries of the authority if the authority is faced with significant financial problems. However, the authority may covenant with holders of its bonds that it may not be dissolved and shall continue to exist solely for the purpose of continuing to levy and collect any taxes or assessments levied by it and pledged to the repayment of debt and to take other actions, including the appointment of a trustee, as necessary to allow it to repay any remaining debt. No such debt may be incurred by the authority on a project until thirty days after a final environmental impact statement on that project has been issued as required by chapter 43.21C RCW. Any referendum petition to dissolve the city transportation authority must be filed with the city council and contain provisions for dissolution of the authority. Within seven days, the city prosecutor must review the validity of the petition and submit its report to the petitioner and city council. If the petitioner's claims are deemed valid by the city prosecutor, within ten days of the petitioner's filing, the city council will confer with the petitioner concerning the form and style of the petition, issue an identification number for the petition, and write a ballot title for the measure. The ballot title must be posed as a question and an affirmative vote on the measure results in authority retention and a negative vote on the measure results in the authority's dissolution. The petitioner will be notified of the identification number and ballot title within this ten-day period.
     After this notification, the petitioner has ninety days in which to secure on petition forms, the signatures of not less than fifteen percent of the registered voters in the authority area and to file the signed petitions with the filing officer. Each petition form must contain the ballot title and the full text of the measure to be referred. The filing officer will verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the filing officer shall submit the initiative to the authority area voters at a general or special election held on one of the dates provided in RCW 29.13.010 as determined by the city council, which election will not take place later than one hundred twenty days after the signed petition has been filed with the filing officer.

Sec. 2   RCW 35.95A.130 and 2002 c 248 s 14 are each amended to read as follows:
     The special excise tax imposed under RCW 35.95A.080(1) will be collected at the same time and in the same manner as ((relicensing tab fees under RCW 46.16.0621)) under chapter 46.16 RCW and RCW 35.95A.090. The tax will not be imposed on vehicles previously registered in another state or nation when they are initially registered in this state. Every year on January 1st, April 1st, July 1st, and October 1st the department of licensing shall remit special excise taxes collected on behalf of an authority, back to the authority, at no cost to the authority. Valuation of motor vehicles for purposes of the special excise tax imposed under RCW 35.95A.080(1) must be consistent with chapter 82.44 RCW.

NEW SECTION.  Sec. 3   A new section is added to chapter 35.95A RCW to read as follows:
     (1) It is a violation of this chapter for any resident of the authority area to register a motor vehicle owned by the resident outside the authority area where the registration is for the purpose of evading the collection of the special excise tax levied by the authority for the privilege of using a motor vehicle under RCW 35.95A.080(1). When a violation of this chapter occurs, the resident of the authority area is subject to a civil penalty equal to three times the amount of the evaded special excise tax. For purposes of this subsection, each and every time a registration is made with the intent to evade the special excise tax constitutes a separate and distinct violation.
     (2) A city transportation authority is authorized to impose civil penalties in accordance with this chapter and the procedural requirements providing for notice, hearing, and review contained in chapter 34.05 RCW. An authority shall adopt a formal policy to implement the required procedures.
     (3) The penalty provided for in this section must be imposed by written notice to the person against whom the civil penalty is assessed and must describe the violation. The imposed penalty is due twenty-eight days after the mailing of the written notice unless an application for an adjudicative hearing is filed as provided for in chapter 34.05 RCW and an authority's implementing policy.
     (4) In addition to other remedies provided by law, a city transportation authority may seek enforcement of a final order imposing the civil penalty by filing a petition for civil enforcement in accordance with RCW 34.05.578.
     (5) Civil penalties collected must be placed into the general fund of a city transportation authority and used for any lawful purpose of the authority.

NEW SECTION.  Sec. 4   A new section is added to chapter 35.95A RCW to read as follows:
     (1) An authority implementing a transportation plan under this chapter must be reviewed on a continuing basis by an independent oversight panel until construction on any segment approved by voters in 2002 is complete. The panel is responsible for independent review, analysis, and comment on activities of the authority. These activities must include, but are not limited to administrative and contracting practices and review of project cost estimates, costs, risks, and schedules. The panel may hire independent consulting firms to assist with its activities and analysis.
     (2) The panel shall provide reports of its activities and findings at least quarterly during the first four years of its existence and then at least twice annually in subsequent years. The reports must be provided to the members of the board of the authority, the governor, the mayor and members of the legislative authority of the city in which it is located, and to the legislature.
     (3) The panel consists of a minimum of eight members and a maximum of twelve. Initially, the panel consists of eight members with an equal number appointed by the governor and the mayor of the city in which the authority is created. Panel members shall serve at the pleasure of the appointing authority, and the panel shall elect a chair. The panel may be expanded upon agreement of both the governor and the mayor.
     (4) The authority shall provide resources to support the panel and shall cooperate in the activities in which the panel is involved.
     (5) Each member of the panel is eligible to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and to receive compensation as provided in RCW 43.03.250.

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 takes effect immediately.