Passed by the Senate February 14, 2012 YEAS 29   BRAD OWEN ________________________________________ President of the Senate Passed by the House March 2, 2012 YEAS 55   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SENATE BILL 6215 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved March 29, 2012, 3:38 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 29, 2012 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/16/12. Referred to Committee on Transportation.
AN ACT Relating to establishing an optional transportation benefit district rebate program for low-income individuals; amending RCW 36.73.065; reenacting and amending RCW 36.73.015; and adding a new section to chapter 36.73 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 36.73.015 and 2010 c 251 s 2 and 2010 c 105 s 1 are
each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "City" means a city or town.
(2) "District" means a transportation benefit district created
under this chapter.
(3) "Low-income" means household income that is at or below forty-five percent of the median household income, adjusted for household
size, for the district in which the fees, taxes, or tolls were imposed.
(4) "Rebate program" means an optional program established by a
transportation benefit district that includes a city with a population
of five hundred thousand persons or more for the purpose of providing
rebates to low-income individuals for fees, taxes, and/or tolls imposed
by such transportation benefit district for: (a) Vehicle fees imposed
under RCW 36.73.040(3)(b); (b) sales and use taxes imposed under RCW
36.73.040(3)(a); and/or (c) tolls imposed under RCW 36.73.040(3)(d).
(5) "Supplemental transportation improvement" or "supplemental
improvement" means any project, work, or undertaking to provide public
transportation service, in addition to a district's existing or planned
voter-approved transportation improvements, proposed by a participating
city member of the district under RCW 36.73.180.
(((4))) (6) "Transportation improvement" means a project contained
in the transportation plan of the state, a regional transportation
planning organization, city, county, or eligible jurisdiction as
identified in RCW 36.73.020(2). A project may include investment in
new or existing highways of statewide significance, principal arterials
of regional significance, high capacity transportation, public
transportation, and other transportation projects and programs of
regional or statewide significance including transportation demand
management. Projects may also include the operation, preservation, and
maintenance of these facilities or programs.
NEW SECTION. Sec. 2 A new section is added to chapter 36.73 RCW
to read as follows:
(1) A district that: (a) Includes a city with a population of five
hundred thousand persons or more; and (b) imposes a vehicle fee under
RCW 36.73.040(3)(b), sales and use taxes under RCW 36.73.040(3)(a), or
tolls under RCW 36.73.040(3)(d), may establish a rebate program for the
purposes of providing rebates of up to forty percent of the actual fee,
tax, or toll paid by a low-income individual.
(2) Funds collected from a vehicle fee under RCW 36.73.040(3)(b),
sales and use tax under RCW 36.73.040(3)(a) or tolls under RCW
36.73.040(3)(d) may be used for a rebate program established under this
section.
(3) A district that establishes a rebate program is responsible for
the development and administration of the program and all functions and
costs associated with the rebate program.
(4) A district that establishes a rebate program under this section
must report back to the legislature two years after the program takes
effect. The report must include, but is not limited to, a detailed
description of the structure of the program, the average rebate, the
total amount of rebates issued, and the number of people that received
rebates.
Sec. 3 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: (a) The transportation improvement
or improvements proposed by the district; (b) any rebate program
proposed to be established under section 2 of this act; and (c) the
proposed taxes, fees, charges, and the range of tolls imposed by the
district to raise revenue to fund the improvement or improvements or
rebate program, as applicable.
(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 or change a rebate program under this chapter once the
taxes, fees, charges, ((or)) tolls, or rebate program takes effect,
unless authorized by the district voters pursuant to RCW 36.73.160.
(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 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 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 dollars of the vehicle fee authorized in RCW
82.80.140.