2855-S AMH LIIA LEAT 269

SHB 2855 - H AMD 1717

By Representative Liias

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION.  Sec. 1. The legislature recognizes that public transportation provides many benefits to the citizens of the state and the environment.  For many, public transportation is the only affordable way to get to a job, to connect with and participate in the community, and to help reduce congestion on our roads.  In these challenging economic times, many transit agencies find themselves struggling to meet the needs of the communities they serve.  It is the intent of the legislature to provide these transit agencies with a temporary tool that can help address their revenue shortfalls during this economic crisis.

NEW SECTION. Sec. 2. A new section is added to chapter 36.57A RCW to read as follows:

    In addition to any other authority provided by law, public transportation benefit areas may, if authorized under section 4 of this act, impose a voter-approved vehicle fee in accordance with section 4 of this act to carry out the purposes of providing public transportation. This authority expires June 30, 2015, and voter-approved vehicle fees may not be imposed or collected after June 30, 2015.

NEW SECTION.  Sec. 3. A new section is added to chapter 35.58 RCW to read as follows:

    In addition to any other authority provided by law, any metropolitan municipal corporation performing the function of public transportation may, if authorized under section 4 of this act, impose a voter-approved vehicle fee in accordance with section 4 of this act to carry out the purposes of providing public transportation.   This authority expires June 30, 2015, and voter-approved vehicle fees may not be imposed or collected after June 30, 2015.

NEW SECTION.  Sec. 4. A new section is added to chapter 82.80 RCW to read as follows:

    (1) The governing body of a public transportation system may seek voter approval of an annual vehicle fee of up to fifty dollars per vehicle registered in the boundaries of the public transportation system for each vehicle subject to license tab fees under RCW 46.16.0621 and for each vehicle subject to gross weight fees under RCW 46.16.070 with an unladen weight of six thousand pounds or less.  For purposes of this section, a "public transportation system" means a metropolitan municipal corporation performing the function of public transportation under chapters 35.58 and 36.56 RCW, or a public transportation benefit area system under chapter 36.57A RCW having within its boundaries all or a part of a county with a population of more than six hundred thousand. 

    (2)(a) The governing body of a public transportation system having within its boundaries all or a part of a county with a population of more than one million five hundred thousand may impose a voter-approved vehicle fee authorized under subsection (1) of this section in addition to all vehicle fees authorized to be imposed by a transportation benefit district pursuant to RCW 36.73.065 and 82.80.140.

    (b) Except as provided in subsection (a) of this subsection, the governing body of a public transportation system may not impose a voter-approved vehicle fee authorized under subsection (1) of this section that, if combined with vehicle fees authorized by a transportation benefit district pursuant to RCW 36.73.065 and 82.80.140 within territory common to both the transportation system and the transportation benefit district, exceeds one hundred dollars. 

    (3) A public transportation system shall contract with the department of licensing as provided under section 6 of this act for collection of the vehicle fee.

    (4) A vehicle fee imposed under this section may not be assessed until six months after approval.

    (5) A vehicle fee imposed under this section applies only for vehicle registration renewals and is effective upon the registration renewal date as provided by the department of licensing.

    (6) The following vehicles are exempt from the vehicle fee imposed under this section:

    (a) Farm tractors or farm vehicles as defined in RCW 46.04.180 and 46.04.181;

    (b) Off-road vehicles and nonhighway vehicles as defined in RCW 46.09.020;

    (c) Vehicles registered under chapter 46.87 RCW and the international registration plan; and

    (d) Snowmobiles as defined in RCW 46.10.010.

    (7) The authority to impose a vehicle fee authorized in this section expires with registrations that expire no later than December 31, 2014. 

    (8) Public transportation systems that obtain voter approval for vehicle fees authorized under this section must submit an annual report to the transportation committees of the legislature detailing how the voter-approved vehicle fees were used.  The report is due by January 1 of the year in which any voter-approved fees are collected.       (9) This section expires June 30, 2015, and voter-approved vehicle fees may not be imposed or collected after June 30, 2015.

Sec. 5. RCW 82.80.140 and 2007 c 329 s 2 are each amended to read as follows:

    (1) Subject to the provisions of RCW 36.73.065, a transportation benefit district under chapter 36.73 RCW may fix and impose an annual vehicle fee, not to exceed one hundred dollars per vehicle registered in the district, for each vehicle subject to license tab fees under RCW 46.16.0621 and for each vehicle subject to gross weight fees under RCW 46.16.070 with an unladen weight of six thousand pounds or less.

    (2)(a) A district that includes all the territory within the boundaries of the jurisdiction, or jurisdictions, establishing the district may impose by a majority vote of the governing board of the district up to twenty dollars of the vehicle fee authorized in subsection (1) of this section.  If the district is countywide, the revenues of the fee shall be distributed to each city within the county by interlocal agreement.  The interlocal agreement is effective when approved by the county and sixty percent of the cities representing seventy-five percent of the population of the cities within the county in which the countywide fee is collected.

    (b) A district may not impose a fee under this subsection (2):

    (i) For a passenger-only ferry transportation improvement unless the vehicle fee is first approved by a majority of the voters within the jurisdiction of the district; or

    (ii) That, if combined with the fees previously imposed by another district within its boundaries under RCW 36.73.065(4)(a)(i), exceeds twenty dollars. If a district imposes or increases a fee under this subsection (2) that, if combined with the fees previously imposed by another district within its boundaries, exceeds twenty dollars, the district shall provide a credit for the previously imposed fees so that the combined vehicle fee does not exceed twenty dollars.

    (3) ((The department of licensing shall administer and collect the fee.  The department shall deduct a percentage amount, as provided by contract, not to exceed one percent of the fees collected, for administration and collection expenses incurred by it.  The department shall remit remaining proceeds to the custody of the state treasurer.  The state treasurer shall distribute the proceeds to the district on a monthly basis.
    (4))) Except as provided in section 4(2)(a) of this act, a single vehicle may not be subject to an annual vehicle fee under this section or section 4 of this act, including combined vehicle fees imposed under this section and section 4 of this act, that exceeds one hundred dollars. 
    (4) A transportation benefit district shall contract with the department of licensing as provided under section 6 of this act for collection of the vehicle fee.
(5) No fee under this section may be ((collected)) assessed until six months after approval under RCW 36.73.065.

    (((5))) (6) The vehicle fee under this section applies only when renewing a vehicle registration, and is effective upon the registration renewal date as provided by the department of licensing.

    (((6))) (7) The following vehicles are exempt from the fee under this section:

    (a) Farm tractors or farm vehicles as defined in RCW 46.04.180 and 46.04.181;

    (b) Off-road vehicles and nonhighway vehicles as defined in RCW 46.09.020;

    (c) Vehicles registered under chapter 46.87 RCW and the international registration plan; and

    (d) Snowmobiles as defined in RCW 46.10.010.

NEW SECTION.  Sec. 6. A new section is added to chapter 46.68 RCW to read as follows:

    Whenever the department enters into a contract with a public transportation system as defined in section 4(1) of this act or a transportation benefit district as provided in chapter 36.73 RCW for the collection of vehicle fees under section 4 of this act or RCW 82.80.140:

    (1) The contract must require that the public transportation system or transportation benefit district provide any information specified by the department to identify the vehicle owners who owe the vehicle fees, and must specify that it is the responsibility of the public transportation system or transportation benefit district to ensure that the vehicle fees are appropriately applied;

    (2) The department is not responsible for the collection of any vehicle fees until a date agreed to by both parties as specified in the contract;

    (3) The department shall deduct a percentage amount as provided in the contract, not to exceed three percent of the fees collected, necessary to reimburse the department for the costs incurred for collection of the vehicle fees; and

    (4) The department shall remit remaining proceeds to the custody of the state treasurer.  The state treasurer shall distribute the proceeds to the public transportation system or transportation benefit district on a monthly basis."

    Correct the title.

EFFECT: Strikes all provisions in the underlying bill and adds the following provisions:  

              (1) Temporarily authorizes certain public transportation systems to seek voter approval of up to $50 in vehicle fees.  Establishes that this authority expires in 4 years. 

              (2) For public transportation systems in counties having a population of more than 1.5 million, establishes that the $50 voter-approved vehicle fee authority is in addition to any existing vehicle fee authority that may be exercised by a transportation benefit district (TBDs) within all or a part of the transportation system's boundaries.

              (3) Requires public transportation systems that obtain voter approval of a vehicle fee to submit annual reports to the transportation committees of the Legislature detailing how these fees were used.

              (4) Establishes that public transportation systems and TBDs must contract with the Department of Licensing for the collection of vehicle fees, and that the Department may deduct up to 3 percent of the fees collected for its costs incurred for collecting the fees.     

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