ESSB 6582 -
By Committee on Transportation
NOT ADOPTED 03/03/2012
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) It is the intent of the legislature to
provide diversified local revenue options that may be tailored to the
needs of each jurisdiction. It is also the intent that local
governments provide countywide transportation planning and coordinate
with other municipalities, transit systems, transportation benefit
districts, planning organizations, and other transportation agencies.
It is critical that all transportation infrastructure is well planned,
coordinated, and maintained at the local levels to provide a seamless
transportation infrastructure to enable people and goods to move safely
and efficiently throughout the state and to bolster and improve the
state's economy.
(2) The legislature finds that the purchasing power of funds to pay
for local transportation needs continues to decline while costs have
risen. Without additional funding, counties and cities will continue
to struggle financially to preserve and maintain county roads, city
streets, and bridges; pavement conditions will to continue to decline;
and public transit systems will be forced to cut services at a time
when demand for transit services is increasing.
Sec. 2 RCW 36.73.065 and 2007 c 329 s 1 are each amended to read
as follows:
(1) Except as provided in subsection (4) of this section, taxes,
fees, charges, and tolls may not be imposed by a district without
approval of a majority of the voters in the district voting on a
proposition at a general or special election. The proposition must
include a specific description of the transportation improvement or
improvements proposed by the district and the proposed taxes, fees,
charges, and the range of tolls imposed by the district to raise
revenue to fund the improvement or improvements.
(2) Voter approval under this section ((shall)) must be accorded
substantial weight regarding the validity of a transportation
improvement as defined in RCW 36.73.015.
(3) A district may not increase any taxes, fees, charges, or range
of tolls imposed under this chapter once the taxes, fees, charges, or
tolls take effect, unless authorized by the district voters pursuant to
RCW 36.73.160 or up to forty dollars of the vehicle fee authorized in
RCW 82.80.140 by the governing board of the district.
(4)(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 the following fees and charges:
(i) Up to ((twenty)) forty dollars of the vehicle fee authorized in
RCW 82.80.140; or
(ii) A fee or charge in accordance with RCW 36.73.120.
(b) The vehicle fee authorized in (a) of this subsection may only
be imposed for a passenger-only ferry transportation improvement if the
vehicle fee is first approved by a majority of the voters within the
jurisdiction of the district.
(c)(i) A district solely comprised of a city or cities ((shall))
may not impose the fees or charges identified in (a) of this subsection
within one hundred eighty days after July 22, 2007, unless the county
in which the city or cities reside, by resolution, declares that it
will not impose the fees or charges identified in (a) of this
subsection within the one hundred eighty-day period; or
(ii) A district solely comprised of a city or cities identified in
RCW 36.73.020(6)(b) ((shall)) may not impose the fees or charges until
after May 22, 2008, unless the county in which the city or cities
reside, by resolution, declares that it will not impose the fees or
charges identified in (a) of this subsection through May 22, 2008.
(5) If the interlocal agreement in RCW 82.80.140(2)(a) cannot be
reached, a district that includes only the unincorporated territory of
a county may impose by a majority vote of the governing body of the
district up to ((twenty)) forty dollars of the vehicle fee authorized
in RCW 82.80.140.
Sec. 3 RCW 82.80.140 and 2010 c 161 s 917 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 vehicle license fees under
RCW 46.17.350(1) (a), (c), (d), (e), (g), (h), (j), or (n) through (q)
and for each vehicle subject to gross weight license fees under RCW
46.17.355 with a scale 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)) forty 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) No fee under this section may be collected until six months
after approval under RCW 36.73.065.
(5) 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) The following vehicles are exempt from the fee under this
section:
(a) Campers, as defined in RCW 46.04.085;
(b) Farm tractors or farm vehicles, as defined in RCW 46.04.180 and
46.04.181;
(c) Mopeds, as defined in RCW 46.04.304;
(d) Off-road and nonhighway vehicles, as defined in RCW 46.04.365;
(e) Private use single-axle trailer, as defined in RCW 46.04.422;
(f) Snowmobiles, as defined in RCW 46.04.546; and
(g) Vehicles registered under chapter 46.87 RCW and the
international registration plan.
NEW SECTION. Sec. 4 A new section is added to chapter 82.80 RCW
to read as follows:
(1) A county may impose, by approval of a majority of the
registered voters of the county voting on the proposition at a general
or special election, a local motor vehicle excise tax of up to one
percent annually on the value of every motor vehicle registered to a
person residing within the county based on the valuation schedules in
RCW 82.44.035. No motor vehicle excise tax may be imposed on vehicles
licensed under RCW 46.17.355, except for motor vehicles with an unladen
weight of six thousand pounds or less, RCW 46.16A.425, 46.17.335, or
46.17.350(1)(c).
(2) A county with a population of one million five hundred thousand
or more may impose a local motor vehicle excise tax as authorized under
this section by a majority vote of the county's legislative authority.
Sixty-two and one-half percent of the funds must be used by the county
for transportation purposes. Thirty-seven and one-half percent of the
funds must be distributed to cities and towns on a per capita basis and
must be used for transportation purposes.
(3) Counties imposing a tax under this section shall contract,
before the effective date of the resolution or ordinance imposing a
motor vehicle excise tax, with the department of licensing. The
department of licensing must administer and collect the tax. The
department must deduct a percentage amount, as provided by contract,
not to exceed one percent of the taxes collected, for administration
and collection expenses incurred by the department. The department
must remit the remaining proceeds to the custody of the state
treasurer. The state treasurer must distribute the proceeds to the
county on a monthly basis.
(4) No tax imposed under this section may be collected until six
months after approval.
(5) The tax 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) Counties imposing a tax under this section must use the funds
in a manner consistent with RCW 35.58.2795, 36.70A.070, and 36.70.330,
and chapters 36.73 and 47.80 RCW.
(7)(a) The legislative authority of each county shall convene a
meeting with representatives of each city and town located within the
county for the purpose of establishing a collaborative process that
will provide a framework for the adoption of a ballot measure pursuant
to chapter 29A.36 RCW.
(b) The legislative authority of each county that includes a public
transit system under chapter 36.57A RCW, 36.56, 35.95A, or 36.57 RCW,
or RCW 35.58.2721 or 36.57.100, shall convene a meeting with
representatives of the respective transit system for the purpose of
establishing a collaborative process that will provide a framework for
the adoption of a ballot measure pursuant to chapter 29A.36 RCW.
(8) A county has until December 31, 2013, to impose a local motor
vehicle tax of up to one percent, as authorized in this section. If a
county does not impose the full one percent of the local motor vehicle
excise tax authorized under this section within this time period, the
transit systems within that county may impose up to one-half of the
county's one percent local motor vehicle excise tax. A county may
waive the December 31, 2013, deadline and allow transit agencies in
that county to proceed with imposing a motor vehicle excise tax.
(9) Any county that has implemented a congestion reduction charge
under RCW 82.80.055 must sunset the congestion reduction charge prior
to the implementation date of the county motor vehicle excise tax
imposed in accordance with this section.
NEW SECTION. Sec. 5 A new section is added to chapter 82.80 RCW
to read as follows:
(1) Beginning January 1, 2014, a transit system may impose, by
approval of a majority of the registered voters within the boundaries
of the transit system voting on the proposition at a general or special
election, a local motor vehicle excise tax or greater of up to one-half
of one percent annually under section 4 of this act on the value of
every motor vehicle registered to a person residing within the transit
boundaries based on the valuation schedules in RCW 82.44.035. No motor
vehicle excise tax may be imposed on vehicles licensed under RCW
46.17.355, except for motor vehicles with an unladen weight of six
thousand pounds or less, RCW 46.16A.425, 46.17.335, or 46.17.350(1)(c).
(2) Transit systems imposing a tax under this section shall
contract, before the effective date of the resolution or ordinance
imposing a motor vehicle excise tax, with the department of licensing.
The department of licensing must administer and collect the tax. The
department must deduct a percentage amount, as provided by contract,
not to exceed one percent of the taxes collected, for administration
and collection expenses incurred by the department. The department
must remit the remaining proceeds to the custody of the state
treasurer. The state treasurer must distribute the proceeds to the
county on a monthly basis.
(3) No tax imposed under this section may be collected until six
months after approval.
(4) The tax 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.
Sec. 6 RCW 82.80.010 and 2003 c 350 s 1 are each amended to read
as follows:
(1) For purposes of this section:
(a) "Distributor" means every person who imports, refines,
manufactures, produces, or compounds motor vehicle fuel and special
fuel as defined in RCW 82.36.010 and 82.38.020, respectively, and sells
or distributes the fuel into a county;
(b) "Person" has the same meaning as in RCW 82.04.030.
(2) Subject to the conditions of this section, any county may levy,
by approval of its legislative body and a majority of the registered
voters of the county voting on the proposition at a general or special
election, additional excise taxes equal to ((ten percent of the
statewide motor vehicle fuel tax rate under RCW 82.36.025)) one cent,
two cents, or three cents on each gallon of motor vehicle fuel as
defined in RCW 82.36.010 and on each gallon of special fuel as defined
in RCW 82.38.020 sold within the boundaries of the county. Vehicles
paying an annual license fee under RCW 82.38.075 are exempt from the
county fuel excise tax. An election held under this section must be
held not more than twelve months before the date on which the proposed
tax is to be levied. The ballot setting forth the proposition
((shall)) must state the tax rate that is proposed. The county's
authority to levy additional excise taxes under this section includes
the incorporated and unincorporated areas of the county. The
additional excise taxes are subject to the same exceptions and rights
of refund as applicable to other motor vehicle fuel and special fuel
excise taxes levied under chapters 82.36 and 82.38 RCW. The proposed
tax ((shall)) may not be levied less than one month from the date the
election results are certified by the county election officer. The
commencement date for the levy of any tax under this section ((shall
be)) is the first day of January, April, July, or October.
(3) The local option motor vehicle fuel tax on each gallon of motor
vehicle fuel and on each gallon of special fuel is imposed upon the
distributor of the fuel.
(4) A taxable event for the purposes of this section occurs upon
the first distribution of the fuel within the boundaries of a county to
a retail outlet, bulk fuel user, or ultimate user of the fuel.
(5) All administrative provisions in chapters 82.01, 82.03, and
82.32 RCW, insofar as they are applicable, apply to local option fuel
taxes imposed under this section.
(6) Before the effective date of the imposition of the fuel taxes
under this section, a county ((shall)) must contract with the
department of revenue for the administration and collection of the
taxes. The contract must provide that a percentage amount, not to
exceed one percent of the taxes imposed under this section, will be
deposited into the local tax administration account created in the
custody of the state treasurer. The department of revenue may spend
money from this account, upon appropriation, for the administration of
the local taxes imposed under this section.
(7) The state treasurer ((shall)) must distribute monthly to the
levying county and cities contained therein the proceeds of the
additional excise taxes collected under this section, after the
deductions for payments and expenditures as provided in RCW
46.68.090(1) (a) and (b) and under the conditions and limitations
provided in RCW 82.80.080.
(8) The proceeds of the additional excise taxes levied under this
section ((shall)) must be used strictly for transportation purposes in
accordance with RCW 82.80.070.
(9) A county may not levy the tax under this section if they are
levying the tax in RCW 82.80.110 or if they are a member of a regional
transportation investment district levying the tax in RCW 82.80.120.
NEW SECTION. Sec. 7 This act takes effect July 1, 2012."
Correct the title.
EFFECT: (1) Requires that a county or transit system that
implements the motor vehicle excise tax must receive an approval by a
majority of the registered voters of that county or system. However,
a county that has a population of one million five hundred thousand or
more may impose the motor vehicle excise tax by either a majority vote
of the county's legislative authority or approval of a majority of the
registered voters of the county. 62.5 percent of the funds must be
used by the county for transportation purposes and 37.5 percent of the
funds must be distributed to cities and towns on a per capita basis and
be used for transportation purposes.
(2) No motor vehicle excise tax may be collected until six months
after approval.
(3) The legislative authority of each county shall convene a
meeting with representatives of each city, town, and transit system
located within the county for the purpose of establishing a
collaborative process that will provide a framework for the adoption of
a ballot measure.
(4) A county has until December 31, 2013, to impose a motor vehicle
excise tax. Beginning on January 1, 2014, a transit system within that
county may impose a motor vehicle excise tax of up to one-half of the
county's one percent.
(5) Counties may waive the December 31, 2013, deadline, and transit
systems may move forward before that date.
(6) Removes the requirement that all transit systems within a
county must implement a motor vehicle excise tax.
(7) Any county that has implemented a congestion reduction charge
under RCW 82.80.055 must expire the charge before the implementation
date of the county motor vehicle excise tax.
(8) A county will implement a motor vehicle excise tax instead of
a transportation benefit district.
(9) The existing vehicle valuation schedule in statute is being
utilized at 85 percent of the manufacturer's suggested retail price
instead of the last purchase price of the vehicle.