AN ACT Relating to the funding of state and local transportation programs, including roads and streets, transit and rail systems; amending RCW 82.36.025, 46.68.090, 82.36.030, 82.36.440, 82.38.280, 46.16.060, 46.16.065, 46.16.079, 46.16.080, 46.16.085, 46.16.090, 46.16.121, 46.16.160, 46.16.310, 46.16.315, 46.16.460, 46.16.505, 46.16.630, 46.44.047, 46.44.0941, 46.44.095, 46.44.096, 46.68.030, 82.44.020, 82.44.150, 84.52.052, and 47.26.121; reenacting and amending RCW 46.16.070 and 47.76.030; adding a new section to chapter 46.16 RCW; adding a new section to chapter 46.68 RCW; adding new sections to chapter 47.76 RCW; adding a new section to chapter 82.14 RCW; adding a new section to chapter 82.36 RCW; adding a new chapter to Title 47 RCW; adding a new chapter to Title 81 RCW; adding a new chapter to Title 82 RCW; creating new sections; making appropriations; providing effective dates; and declaring an emergency.

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

NEW SECTION. Sec. 1. PURPOSE OF STATE AND LOCAL TRANSPORTATION FUNDING PROGRAM. (1) The legislature finds that a new comprehensive funding program is required to maintain the state's commitment to the growing mobility needs of its citizens and commerce. The transportation and funding program must satisfy the following state policies and objectives:

(a) State-wide system: Provide for maintenance of the existing state-wide system and improvements for current and expected capacity needs in rural, established urban, and growing suburban areas throughout the state;

(b) Local flexibility: Provide for necessary state road improvements, as well as providing local governments with the option to use new funding sources for maintenance and expansion projects meeting local and regional needs;

(c) Multimodal: Provide for a high capacity, multimodal transportation network in urban areas that is cost-effective, energy-conserving, environmentally sound, and promotes the economic health and social well-being of the communities and citizens it serves; and provide for the preservation of freight rail systems in appropriate areas;

(d) Program compatibility: Implement transportation facilities and services that are consistent with adopted land use and transportation plans and use recently authorized programs such as the Transportation Benefit District Act and the Local Transportation Act;

(e) Interjurisdictional cooperation: Encourage transportation planning and projects that are multijurisdictional in their conception, development, and benefit, recognizing that mobility problems do not respect jurisdictional boundaries;

(f) Public and private sector: Use a state, local, and private sector partnership that equitably shares the burden of meeting transportation needs.

(2) The legislature further recognizes that the revenues currently available to the state and to counties, cities, and transit authorities for highway, road, and street construction and preservation and expanded transit systems fall far short of the identified need. The 1988 Washington Road Jurisdiction Study identified a state-wide funding shortfall of between $14.6 and $19.9 billion to bring existing roads to acceptable standards. The gap between identified needs and available revenues continues to increase. A comprehensive transportation funding program is required to meet the current and anticipated future needs of this state.

(3) The legislature, therefore, declares a need for the three-part funding program embodied in this act: (a) State-wide funding for highways, roads, and streets in urban and rural areas, as well as for the preservation of freight rail systems; (b) local option funding authority, available immediately, for the construction and preservation of roads, streets, and transit improvements and facilities; and (c) authority for voter-approved local funding of a multimodal plan in metropolitan areas that includes a high-capacity rapid transit system.

PART I: STATE-WIDE PROGRAM

Sec. 2. STATE-WIDE MOTOR VEHICLE FUEL TAXES. Section 6, chapter 317, Laws of 1977 ex. sess. as last amended by section 27, chapter 49, Laws of 1983 1st ex. sess. and RCW 82.36.025 are each amended to read as follows:

The motor vehicle fuel tax rate shall be computed as the sum of the tax rate provided in subsection (1) of this section and the additional tax rates provided in subsections (2) through ((~~(4)~~)) (5) of this section.

(1) ((~~Except as required in subsection (5) of this section,~~)) A motor vehicle fuel tax rate of ((~~fifteen~~)) seventeen cents per gallon shall apply to the sale, distribution, or use of motor vehicle fuel ((~~from July 1, 1983, through June 30, 1984, and a motor vehicle fuel tax rate of seventeen cents per gallon shall apply thereafter~~)).

(2) An additional motor vehicle fuel tax rate of one-third cent per gallon shall apply to the sale, distribution, or use of motor vehicle fuel, and the proceeds from this additional tax rate, reduced by an amount equal to the sum of the payments under RCW 46.68.090 (1) and (2) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the rural arterial trust account in the motor vehicle fund for expenditures under RCW 36.79.020.

(3) An additional motor vehicle fuel tax rate of one-third cent per gallon shall apply to the sale, distribution, or use of motor vehicle fuel, and the proceeds from this additional tax rate, reduced by an amount equal to the sum of the payments under RCW 46.68.090 (1) and (2) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the urban arterial trust account in the motor vehicle fund.

(4) An additional motor vehicle ((~~full [fuel]~~)) fuel tax rate of one-third cent per gallon shall be applied to the sale, distribution, or use of motor vehicle fuel, and the proceeds from this additional tax rate, reduced by an amount equal to the sum of the payments under RCW 46.68.090 (1) and (2) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the motor vehicle fund to be expended for highway purposes of the state as defined in RCW 46.68.130.

(5) (((a) Before the start of each fiscal year, the department of licensing shall estimate the total aggregate motor vehicle fuel tax revenues and the total of all other revenues that will accrue to the motor vehicle fund during the fiscal year. The estimated total of all other state revenues to accrue to the motor vehicle fund during the fiscal year shall include those revenues (other than the aggregate motor vehicle fuel tax revenues) which the department of transportation with the concurrence of the office of financial management determines will accrue during the fiscal year, assuming that collections of such revenues for the fiscal year shall be at the same level as during the fiscal year just ended, adjusted however for historic variations in collections according to yearly periods and for projected trends, but shall not include the proceeds of the sale of bonds, reimbursements to the motor vehicle fund for services performed by the department of transportation for others, moneys derived from nonfuel tax sources that are deposited directly in the several accounts within the motor vehicle fund, interest deposited directly in the several accounts within the motor vehicle fund, nor federal funds. The estimated total aggregate motor vehicle fuel tax revenues for the fiscal year shall include those revenues that the department of licensing determines will accrue during the fiscal year, assuming the sale, distribution, and use of motor vehicle fuel and special fuel within the state for the fiscal year will be at the same volume as during the fiscal year last ended, adjusted however for the historic variations in sales, distribution, and use according to yearly periods and for projected trends.

(b) If the estimated aggregate motor fuel tax revenues plus all other state revenues that will accrue to the motor vehicle fund during a fiscal year as computed in (a) of this subsection exceed the motor vehicle fund revenue limit in the fiscal year as computed in (c) of this subsection, the rate of motor fuel tax provided in subsection (1) of this section shall be reduced by one-half cent increments for the fiscal year only, commencing at the beginning of the fiscal year, as may be necessary to reduce the estimated total revenues for the fiscal year to within the motor vehicle fund revenue limit.

(c) The motor vehicle fund revenue limit for any fiscal year shall be the previous fiscal year's motor vehicle fund revenue limit multiplied by the average state personal income ratio for the three calendar years immediately preceding the beginning of the fiscal year for which the limit is being computed. For purposes of computing the motor vehicle fund revenue limit for the fiscal year ending June 30, 1981, the phrase "the previous fiscal year's motor vehicle fund revenue limit" means the motor vehicle fund revenue collected in the fiscal year ending June 30, 1979, multiplied by the average state personal income ratio for the calendar years 1976, 1977, and 1978.

(6) The legislative transportation committee shall study and analyze each biennium the financial condition of the motor vehicle fund and accounts thereof with particular emphasis on RCW 82.36.010 and 82.36.025.)) Beginning July 1, 1989, and thereafter, an additional motor vehicle fuel tax rate of nine cents per gallon applies to the sale, distribution, or use of motor vehicle fuel. The proceeds from the additional tax rate under this subsection, reduced by an amount equal to the sum of the payments under RCW 46.68.090 (1) and (2) multiplied by the additional tax rate prescribed by this subsection divided by the motor fuel tax rate provided in this section, shall be deposited in the motor vehicle fund and shall be distributed by the state treasurer according to section 5 of this act.

(6) Beginning July 1, 1990, the department of licensing shall adjust the motor vehicle fuel tax rate annually on July 1st of that year and each succeeding year to an amount derived by multiplying twenty-seven cents by a percentage developed from dividing (a) the consumer price index for the calendar year ending December 31st of the year before the adjustment is to take effect; by (b) the consumer price index for the calendar year ending December 31, 1988. The consumer price index used in the computation shall be the United States city average for all urban consumers published by the bureau of labor statistics and shall be submitted to the legislature by the department of licensing no later than March 1st of the year in which the new motor vehicle fuel tax rate is to take effect. Any tax computed under the computation prescribed by this subsection shall be rounded to the nearest one-tenth of one cent.

Sec. 3. DISTRIBUTION OF STATE-WIDE TAXES. Section 46.68.090, chapter 12, Laws of 1961 as last amended by section 21, chapter 49, Laws of 1983 1st ex. sess. and RCW 46.68.090 are each amended to read as follows:

(1) All moneys that have accrued or may accrue to the motor vehicle fund from the motor vehicle fuel tax and special fuel tax shall be first expended for the following purposes:

((~~(1)~~)) (a) For payment of refunds of motor vehicle fuel tax and special fuel tax that has been paid and is refundable as provided by law;

((~~(2)~~)) (b) For payment of amounts to be expended pursuant to appropriations for the administrative expenses of the offices of state treasurer, state auditor, and the department of licensing of the state of Washington in the administration of the motor vehicle fuel tax and the special fuel tax, which sums shall be distributed monthly;

((~~(3)~~)) (c) For ((~~payments~~)) distribution to the rural arterial trust account in the motor vehicle fund, an amount as provided in RCW 82.36.025(2) and section 5(1)(d) of this act;

((~~(4)~~)) (d) For ((~~payments~~)) distribution to the urban arterial trust account in the motor vehicle fund, an amount as provided in RCW 82.36.025(3); ((~~and~~

~~(5)~~)) (e) For distribution to the category C account in the motor vehicle fund, an amount as provided in section 5(1)(a) of this act;

(f) For distribution to the transportation improvement account in the motor vehicle fund, an amount as provided in section 5(1)(b) of this act;

(g) For distribution to the special category C account, hereby created in the motor vehicle fund, an amount as provided in section 5(1)(c) of this act;

(h) For distribution to the county arterial preservation account, hereby created in the motor vehicle fund, an amount as provided in section 5(1)(e) of this act;

(i) For distribution to the motor vehicle fund to be allocated to cities and towns as provided in RCW 46.68.110 and 46.68.115, an amount as provided in section 5(1)(f) of this act;

(j) For distribution to the motor vehicle fund to be allocated to counties as provided in RCW 46.68.120, an amount as provided in section 5(1)(g) of this act;

(k) For expenditure for highway purposes of the state as defined in RCW 46.68.130, an amount as provided in RCW 82.36.025(4).

(2) The amount accruing to the motor vehicle fund by virtue of the motor vehicle fuel tax and the special fuel tax and remaining after payments, distributions, and expenditures as provided in ((~~subsections (1), (2), (3), (4), and (5) of~~)) this section shall, for the purposes of this chapter, be referred to as the "net tax amount."

Sec. 4. REPORTS BY DISTRIBUTORS. Section 82.36.030, chapter 15, Laws of 1961 as amended by section 2, chapter 174, Laws of 1987 and RCW 82.36.030 are each amended to read as follows:

Every distributor shall on or before the twenty-fifth day of each calendar month file, on forms furnished by the director, a statement signed by the distributor or his authorized agent showing the total number of gallons of motor vehicle fuel sold, distributed, or used by such distributor within this state during the preceding calendar month and, for all local jurisdictions within which an additional excise tax on motor vehicle fuel has been levied by that jurisdiction under section 36 of this act, showing the total number of gallons of motor vehicle fuel distributed and sold to dealers by the distributor for sale within the boundaries of the jurisdiction during the preceding calendar month. All dealers shall maintain and provide to their distributors records that show the number of gallons of motor vehicle fuel sold by the dealer within the boundaries of a jurisdiction that has levied the additional excise tax.

If any distributor fails to file such report, the director shall proceed forthwith to determine from the best available sources, the amount of motor vehicle fuel sold, distributed, or used by such distributor for the unreported period, and said determination shall be presumed to be correct for that period until proved by competent evidence to be otherwise. The director shall immediately assess the excise tax in the amount so determined, adding thereto a penalty of ten percent for failure to report. Such penalty shall be cumulative of other penalties herein provided. All statements filed with the director, as required in this section, shall be public records.

If any distributor establishes by a fair preponderance of evidence that his or her failure to file a report by the due date was attributable to reasonable cause and was not intentional or willful, the department may waive the penalty imposed by this section.

NEW SECTION. Sec. 5. DISTRIBUTION OF ADDITIONAL STATE-WIDE TAXES. A new section is added to chapter 46.68 RCW to read as follows:

(1) All moneys that have accrued or may accrue to the motor vehicle fund from the motor vehicle fuel tax and special fuel tax imposed by RCW 82.36.025(5) shall be distributed monthly by the state treasurer in the following proportions:

(a) Three cents shall be deposited in the motor vehicle fund and shall be expended solely for category C projects, as defined in RCW 47.05.030, subject to the conditions imposed by chapter 47.05 RCW.

(b) Two and one-half cents shall be deposited in the transportation improvement account and expended in accordance with RCW 47.26.084.

(c) Three-fourths of one cent shall be deposited in the special category C account in the motor vehicle fund for special category C projects. Special category C projects are category C projects as defined in RCW 47.05.030(3) that, due to high cost only, will require bond financing to accomplish. Moneys deposited in the special category C account in the motor vehicle fund may be used for payment of debt service on bonds the proceeds of which were used to finance special category C projects under this subsection.

(d) Three-tenths of one cent shall be deposited in the rural arterial trust account in the motor vehicle fund.

(e) Three-fourths of one cent shall be desposited in the county arterial preservation account. These funds shall be distributed by the county road administration board to counties in proportions corresponding to the number of arterial lane miles in the unincorporated area of each county and shall be used for improvements to sustain the structural, safety, and operational integrity of county arterials.

(f) One cent shall be allocated to cities and towns as provided in RCW 46.68.110 and 46.68.115.

(g) Seven-tenths of one cent shall be allocated to counties as provided in RCW 46.68.120.

(2) The proceeds of any taxes collected under the authority of RCW 82.36.025(6) in excess of twenty-seven cents per gallon shall be forwarded to the state treasurer to be deposited to the credit of the motor vehicle fund and distributed monthly according to the following method:

(a) The proceeds attributable to the first additional one-half cent per gallon shall be deposited into the transportation improvement account;

(b) The remaining proceeds shall be distributed according to the following formula:

(i) Forty-seven percent in the motor vehicle fund to be expended for highway purposes of the state as defined in RCW 46.68.130;

(ii) Thirty-four percent to the counties for distribution in accordance with RCW 46.68.120;

(iii) Nineteen percent to the cities and towns, to be distributed in the same proportions and for the same uses as provided for in RCW 46.68.110 and 46.68.115.

Sec. 6. Section 82.36.440, chapter 15, Laws of 1961 as amended by section 5, chapter 181, Laws of 1979 ex. sess. and RCW 82.36.440 are each amended to read as follows:

The tax ((~~herein~~)) levied in this chapter is in lieu of any excise, privilege, or occupational tax upon the business of manufacturing, selling, or distributing motor vehicle fuel, and no city, town, county, township or other subdivision or municipal corporation of the state shall levy or collect any excise tax upon or measured by the sale, receipt, distribution, or use of motor vehicle fuel((~~: PROVIDED, That nothing in this section or chapter 82.36 RCW shall be construed to prohibit in any manner the imposition of a city tax upon motor vehicle fuel pursuant to RCW 82.39.010~~)), except as provided in section 36 of this act.

Sec. 7. Section 29, chapter 175, Laws of 1971 ex. sess. as amended by section 6, chapter 181, Laws of 1979 ex. sess. and RCW 82.38.280 are each amended to read as follows:

The tax ((~~herein~~)) levied in this chapter is in lieu of any excise, privilege, or occupational tax upon the business of manufacturing, selling, or distributing special fuel, and no city, town, county, township or other subdivision or municipal corporation of the state shall levy or collect any excise tax upon or measured by the sale, receipt, distribution, or use of special fuel((~~: PROVIDED, That nothing in this section or chapter 82.38 RCW shall be construed to prohibit in any manner the imposition of a city tax upon special fuel pursuant to RCW 82.39.010~~)), except as provided in section 36 of this act.

NEW SECTION. Sec. 8. VEHICLE LICENSE FEES‑-CONSUMER PRICE INDEX.A new section is added to chapter 46.16 RCW to read as follows:

(1) The rate of additional fees under RCW 46.16.060(2), 46.16.065(2), 46.16.070(2), 46.16.079(2), 46.16.080(2), 46.16.085(2), 46.16.090(2), 46.16.121(2), 46.16.160(10), 46.16.310(2), 46.16.315(2), 46.16.460(2), 46.16.505(2), 46.16.630(2), 46.44.047(2), 46.44.0941(2), and 46.44.095(2) shall be adjusted annually by the department of licensing on January 1st of each year. The additional fee rate shall equal the percentage resulting from dividing (a) the consumer price index for the calendar year beginning two years before the additional fee rate is adjusted, less the consumer price index for the calendar year beginning January 1, 1989; by (b) the consumer price index for the calendar year beginning January 1, 1989. The consumer price index used in the computation shall be the United States city average for all urban consumers published by the bureau of labor statistics and shall be submitted to the legislature by the department of licensing no later than March 1st of the year before the adjusted rate is to take effect. A tax computed under this subsection shall be rounded to the nearest cent and shall not be less than zero.

(2) The disposition of the proceeds from the additional fees under RCW 46.16.060(2), 46.16.065(2), 46.16.070(2), 46.16.079(2), 46.16.080(2), 46.16.085(2), 46.16.090(2), 46.16.121(2), 46.16.160(10), 46.16.310(2), 46.16.315(2), 46.16.460(2), 46.16.505(2), 46.16.630(2), 46.44.047(2), 46.44.0941(2), and 46.44.095(2) shall be forwarded to the state treasurer to be deposited to the credit of the motor vehicle fund and distributed monthly according to the following method:

(a) Forty-seven percent to the motor vehicle fund to be expended for highway purposes of the state as defined in RCW 46.68.130;

(b) Thirty-four percent to the counties for distribution in accordance with RCW 46.68.120;

(c) Nineteen percent to the cities and towns, to be distributed in the same proportions and for the same uses as provided for in RCW 46.68.110 and 46.68.115.

Sec. 9. LICENSE FEE, GENERAL. Section 46.16.060, chapter 12, Laws of 1961 as last amended by section 3, chapter 9, Laws of 1987 1st ex. sess. and RCW 46.16.060 are each amended to read as follows:

(1) Except for vehicles already so taxed in RCW 46.16.070 and 46.16.085 or as otherwise specifically provided by law for the licensing of vehicles, there shall be paid and collected annually for each registration year or fractional part thereof and upon each vehicle a license fee of ((~~twenty-three dollars, but effective with initial motor vehicle registrations that expire in January, 1989, and thereafter, the license fee shall be~~)) twenty-seven dollars and seventy-five cents; however, if the vehicle was previously licensed in this state and has not been registered in another jurisdiction in the intervening period, the renewal license fee shall be ((~~nineteen dollars, but effective with vehicle license renewals that expire in January, 1989, and thereafter, the renewal license fee shall be~~)) twenty-three dollars and seventy-five cents. The proceeds of such fees shall be distributed in accordance with RCW 46.68.030. The fee for licensing each house-moving dolly which is used exclusively for moving buildings or homes on the highway under special permit as provided for in chapter 46.44 RCW shall be ((~~twenty-five dollars, but effective with licenses that expire in January, 1989, and thereafter, the fee shall be~~)) twenty-nine dollars and seventy-five cents, and no other fee shall be charged for the load carried thereon.

(2) There is levied and shall be paid and collected annually as part of the fee under subsection (1) of this section, an additional fee equal to the rate specified in section 8(1) of this act, multiplied by the fee payable under subsection (1) of this section. The proceeds from the additional fee shall be distributed in accordance with section 8(2) of this act.

(3) The department of licensing, county auditors, and other authorized agents shall collect for any registration year any increase in the fees authorized by this section for the months of that registration year in which any such increase is effective in the same manner and at the same time as such fees for that registration year would otherwise be collected as provided by law.

Sec. 10. SMALL TRAILER LICENSE FEE. Section 46.16.065, chapter 12, Laws of 1961 as last amended by section 4, chapter 118, Laws of 1975 1st ex. sess. and RCW 46.16.065 are each amended to read as follows:

(1) In lieu of the fees provided in RCW 46.16.060, private passenger car one or two-wheel trailers of two thousand pounds gross weight or less, may be licensed upon the payment of a license fee in the sum of four dollars and fifty cents or, if the vehicle was previously licensed in this state and has not been registered in another jurisdiction in the intervening period, a renewal license fee in the sum of three dollars and twenty-five cents, but only if such trailers are to be operated upon the public highway by the owners thereof. It is the intention of the legislature that this reduced license shall be issued only as to trailers operated for personal use of the owners and not trailers held for rental to the public.

Sec. 11. LICENSE FEE ON TRUCKS, BUSES, AND FOR HIRE VEHICLES BASED ON GROSS WEIGHT. Section 46.16.070, chapter 12, Laws of 1961 as last amended by section 3, chapter 244, Laws of 1987 and by section 4, chapter 9, Laws of 1987 1st ex. sess. and RCW 46.16.070 are each reenacted and amended to read as follows:

(1) In lieu of all other vehicle licensing fees, unless specifically exempt, and in addition to the excise tax prescribed in chapter 82.44 RCW and the mileage fees prescribed for buses and stages in RCW 46.16.125, there shall be paid and collected annually for each motor truck, truck tractor, road tractor, tractor, bus, auto stage, or for hire vehicle with seating capacity of more than six, based upon the declared combined gross weight or declared gross weight thereof pursuant to the provisions of chapter 46.44 RCW, the following licensing fees by such gross weight:

!tp1,1,1,1,1!tr4,000 lbs.!sc ,1!w×!tj2!tr$!sc ,003((~~27.75~~)) 33.00

!tr6,000 lbs.!sc ,1!w×!tj2!tr$!sc ,003((~~32.72~~)) 40.95

!tr8,000 lbs.!sc ,1!w×!tj2!tr$!sc ,003((~~40.30~~)) 53.08

!tr10,000 lbs.!sc ,1!w×!tj2!tr$!sc ,003((~~45.37~~)) 61.19

!tr12,000 lbs.!sc ,1!w×!tj2!tr$!sc ,003((~~52.62~~)) 72.79

!tr14,000 lbs.!sc ,1!w×!tj2!tr$!sc ,003((~~59.86~~)) 84.38

!tr16,000 lbs.!sc ,1!w×!tj2!tr$!sc ,003((~~67.31~~)) 96.30

!tr18,000 lbs.!sc ,1!w×!tj2!tr$!sc ,003((~~99.02~~)) 147.03

!tr20,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~109.94~~)) 164.50

!tr22,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~118.76~~)) 178.62

!tr24,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~127.95~~)) 193.32

!tr26,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~135.08~~)) 204.73

!tr28,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~158.66~~)) 242.46

!tr30,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~182.18~~)) 280.09

!tr32,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~218.78~~)) 338.65

!tr34,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~232.06~~)) 359.90

!tr36,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~251.39~~)) 390.82

!tr38,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~275.51~~)) 429.42

!tr40,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~314.99~~)) 492.58

!tr42,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~327.16~~)) 512.06

!tr44,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~334.02~~)) 523.03

!tr46,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~358.91~~)) 562.86

!tr48,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~374.19~~)) 587.30

!tr50,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~405.36~~)) 637.18

!tr52,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~426.45~~)) 670.92

!tr54,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~460.02~~)) 724.63

!tr56,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~485.21~~)) 764.94

!tr58,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~504.53~~)) 795.85

!tr60,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~537.29~~)) 848.26

!tr62,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~575.50~~)) 909.40

!tr64,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~588.75~~)) 930.60

!tr66,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~655.14~~)) 1036.82

!tr68,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~682.99~~)) 1081.38

!tr70,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~735.14~~)) 1164.82

!tr72,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~785.36~~)) 1245.18

!tr74,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~853.15~~)) 1353.64

!tr76,000 lbs.!sc ,1!w×!tj2!tr$!sc ,002((~~922.05~~)) 1463.88

!tr78,000 lbs.!sc ,1!w×!tj2!tr$!sc ,001((~~1,006.10~~)) 1598.36

!tr80,000 lbs.!sc ,1!w×!tj2!tr$!sc ,001((~~1,085.95~~)) 1726.12!ix!te

((~~The proceeds from such fees shall be distributed in accordance with RCW 46.68.035.~~

Effective with motor vehicle licenses that expire in January, 1989, and thereafter, a surcharge of four dollars and seventy-five cents is added to such fees. The proceeds of this surcharge shall be forwarded to the state treasurer to be deposited into the state patrol highway account of the motor vehicle fund.))

Every motor truck, truck tractor, and tractor exceeding 6,000 pounds empty scale weight registered under chapter 46.16, 46.87, or 46.88 RCW shall be licensed for not less than one hundred fifty percent of its empty weight unless the amount would be in excess of the legal limits prescribed for such a vehicle in RCW 46.44.041 or 46.44.042, in which event the vehicle shall be licensed for the maximum weight authorized for such a vehicle.

The following provisions apply when increasing gross or combined gross weight for a vehicle licensed under this section:

((~~(1)~~)) (a) The new license fee will be one-twelfth of the fee listed above for the new gross weight, multiplied by the number of months remaining in the period for which licensing fees have been paid, including the month in which the new gross weight is effective.

((~~(2)~~)) (b) Upon surrender of the current certificate of registration or cab card, the new licensing fees due shall be reduced by the amount of the licensing fees previously paid for the same period for which new fees are being charged.

(3) The proceeds from the fees collected under subsection (1) of this section shall be distributed as follows:

(a) The rate in subsection (1) of this section less nineteen dollars, or its prorated equivalent, divided by 1.6 plus nineteen dollars, or its prorated equivalent, shall be distributed in accordance with RCW 46.68.035.

(b) The balance shall be forwarded to the state treasurer to be deposited to the credit of the motor vehicle fund and distributed monthly to the motor vehicle fund to be expended for highway purposes of the state as defined in RCW 46.68.130.

(4) A surcharge of four dollars and seventy-five cents is added to the fees in subsection (1) of this section. The proceeds of this surcharge shall be forwarded to the state treasurer to be deposited into the state highway patrol account of the motor vehicle fund.

Sec. 12. FIXED LOAD MOTOR VEHICLE EQUIPPED FOR LIFTING OR TOWING. Section 1, chapter 18, Laws of 1963 as last amended by section 5, chapter 18, Laws of 1986 and RCW 46.16.079 are each amended to read as follows:

(1) The licensee of any fixed load motor vehicle equipped for lifting or towing any disabled, impounded, or abandoned vehicle or part thereof, may pay a capacity fee of twenty-five dollars in addition to all other fees required for the annual licensing of motor vehicles in lieu of the licensing fees provided in RCW 46.16.070.

Sec. 13. FIXED LOAD MACHINES. Section 46.16.080, chapter 12, Laws of 1961 as last amended by section 6, chapter 18, Laws of 1986 and RCW 46.16.080 are each amended to read as follows:

(1) In lieu of the licensing fee provided for motor vehicles in RCW 46.16.070 there shall be collected, in addition to all other fees required for annual licensing of vehicles:

((~~(1)~~)) (a) A capacity fee of five dollars on any motor truck, truck tractor, tractor, trailer, or semitrailer used only for the purpose of transporting any well drilling machine, air compressor, rock crusher, conveyor, hoist, wrecker, donkey engine, cook house, tool house, bunk house, or similar machine or structure attached to or made a part of such motor truck, truck tractor, tractor, trailer, or semitrailer;

((~~(2)~~)) (b) No fee may be collected under this section or under RCW 46.16.085 on any travel trailer that will be charged fees and taxes under RCW 46.01.140, 46.16.060, 46.16.063 and chapter 82.50 RCW;

((~~(3)~~)) (c) For each vehicle used exclusively in the transportation of circus, carnival, and show equipment and in the transportation of supplies used in conjunction therewith, a capacity fee of ten dollars shall be charged in addition to all other fees required for the annual licensing of these vehicles.

Sec. 14. COMMERCIAL TRAILERS, CONVERTER GEAR. Section 16, chapter 380, Laws of 1985 as last amended by section 4, chapter 244, Laws of 1987 and RCW 46.16.085 are each amended to read as follows:

(1) In lieu of all other licensing fees, an annual license fee of thirty-five dollars shall be collected in addition to the excise tax prescribed in chapter 82.44 RCW for: ((~~(1)~~)) (a) Each trailer and semitrailer not subject to the license fee under RCW 46.16.065 or the capacity fees under RCW 46.16.080; ((~~(2)~~)) (b) every pole trailer; ((~~(3)~~)) (c) every converter gear or auxiliary axle not licensed as a combination under the provisions of RCW 46.16.083. The proceeds from this fee shall be distributed in accordance with RCW 46.68.035. This section does not pertain to travel trailers or personal use trailers that are not used for commercial purposes or owned by commercial enterprises.

Sec. 15. GROSS WEIGHT FEES ON FARM VEHICLES. Section 10, chapter 18, Laws of 1986 and RCW 46.16.090 are each amended to read as follows:

(1) Motor trucks, truck tractors, and tractors may be specially licensed based on the declared gross weight thereof for the various amounts set forth in the schedule provided in RCW 46.16.070 less twenty-two dollars; divide the difference by two and add twenty-two dollars, when such vehicles are owned and operated by farmers, but only if the following condition or conditions exist:

((~~(1)~~)) (a) When such vehicles are to be used for the transportation of the farmer's own farm, orchard, or dairy products, or the farmer's own private sector cultured aquatic products as defined in RCW 15.85.020, from point of production to market or warehouse, and of supplies to be used on the farmer's farm. Fish other than those that are such private sector cultured aquatic products and forestry products are not considered as farm products; and/or

((~~(2)~~)) (b) When such vehicles are to be used for the infrequent or seasonal transportation by one farmer for another farmer in the farmer's neighborhood of products of the farm, orchard, dairy, or aquatic farm owned by the other farmer from point of production to market or warehouse, or supplies to be used on the other farm, but only if transportation for another farmer is for compensation other than money. Farmers shall be permitted an allowance of an additional eight thousand pounds, within the legal limits, on such vehicles, when used in the transportation of the farmer's own farm machinery between the farmer's own farm or farms and for a distance of not more than thirty-five miles from the farmer's farm or farms.

The department shall prepare a special form of application to be used by farmers applying for licenses under this section, which form shall contain a statement to the effect that the vehicle concerned will be used subject to the limitations of this section. The department shall prepare special insignia which shall be placed upon all such vehicles to indicate that the vehicle is specially licensed, or may, in its discretion, substitute a special license plate for such vehicle for such designation.

Operation of such a specially licensed vehicle in transportation upon public highways in violation of the limitations of this section is a traffic infraction.

(3) The rate in subsection (1) of this section, less twenty-two dollars or its prorated equivalent divided by 1.6 plus twenty-two dollars or its prorated equivalent, shall be distributed in accordance with RCW 46.68.035. The balance shall be distributed monthly according to the following method:

(a) Forty-seven percent in the motor vehicle fund to be expended for highway purposes of the state as defined in RCW 46.68.130;

(b) Thirty-four percent to the counties for distribution in accordance with RCW 46.68.120;

(c) Nineteen percent to the cities and towns, to be distributed in the same proportions and for the same uses as provided for in RCW 46.68.110 and 46.68.115.

Sec. 16. SEATING CAPACITY FEES ON STAGES, FOR HIRE VEHICLES. Section 58, chapter 83, Laws of 1967 ex. sess. and RCW 46.16.121 are each amended to read as follows:

(1) In addition to other fees for the licensing of vehicles, there shall be paid and collected annually, for each auto stage and for hire vehicle, except taxicabs, with a seating capacity of six or less the sum of fifteen dollars.

Sec. 17. VEHICLE TRIP PERMITS. Section 46.16.160, chapter 12, Laws of 1961 as last amended by section 6, chapter 244, Laws of 1987 and RCW 46.16.160 are each amended to read as follows:

(1) The owner of a vehicle which under reciprocal relations with another jurisdiction would be required to obtain a license registration in this state or an unlicensed vehicle which would be required to obtain a license registration for operation on public highways of this state may, as an alternative to such license registration, secure and operate such vehicle under authority of a trip permit issued by this state in lieu of a Washington certificate of license registration, and licensed gross weight if applicable. Trip permits may also be issued for movement of mobile homes pursuant to RCW 46.44.170. For the purpose of this section, a vehicle is considered unlicensed if the licensed gross weight currently in effect for the vehicle or combination of vehicles is not adequate for the load being carried. Vehicles registered under RCW 46.16.135 shall not be operated under authority of trip permits in lieu of further registration within the same registration year.

(2) Each trip permit shall authorize the operation of a single vehicle at the maximum legal weight limit for such vehicle for a period of three consecutive days commencing with the day of first use. No more than three such permits may be used for any one vehicle in any period of thirty consecutive days. Every permit shall identify, as the department may require, the vehicle for which it is issued and shall be completed in its entirety and signed by the operator before operation of the vehicle on the public highways of this state. Correction of data on the permit such as dates, license number, or vehicle identification number invalidates the permit. The trip permit shall be displayed on the vehicle to which it is issued as prescribed by the department.

(3) Vehicles operating under authority of trip permits are subject to all laws, rules, and regulations affecting the operation of like vehicles in this state.

(4) Prorate operators operating commercial vehicles on trip permits in Washington shall retain the customer copy of such permit for four years.

(5) Blank trip permits may be obtained from field offices of the department of transportation, Washington state patrol, department of licensing, or other agents appointed by the department. For each permit issued, there shall be collected a filing fee as provided by RCW 46.01.140, an administrative fee of eight dollars, and an excise tax of one dollar. If the filing fee amount of one dollar prescribed by RCW 46.01.140 is increased or decreased after January 1, 1981, the administrative fee shall be adjusted to compensate for such change to insure that the total amount collected for the filing fee, administrative fee, and excise tax remain at ten dollars. These fees and taxes are in lieu of all other vehicle license fees and taxes. No exchange, credits, or refunds may be given for trip permits after they have been purchased.

(6) The department may appoint county auditors or businesses as agents for the purpose of selling trip permits to the public. County auditors or businesses so appointed may retain the filing fee collected for each trip permit to defray expenses incurred in handling and selling the permits.

(7) A violation of or a failure to comply with any provision of this section is a gross misdemeanor.

(8) The department of licensing may adopt rules as it deems necessary to administer this section.

(9) All administrative fees and excise taxes collected under the provisions of this chapter shall be forwarded by the department with proper identifying detailed report to the state treasurer who shall deposit the administrative fees to the credit of the motor vehicle fund and the excise taxes to the credit of the general fund. Filing fees will be forwarded and reported to the state treasurer by the department as prescribed in RCW 46.01.140.

(10) There is levied and shall be paid and collected annually as part of the fee under subsection (5) of this section, an additional fee equal to the rate specified in section 8(1) of this act, multiplied by the fee payable under subsection (5) of this section. The proceeds from the additional fee shall be distributed in accordance with section 8(2) of this act.

Sec. 18. ANTIQUE VEHICLES. Section 46.16.310, chapter 12, Laws of 1961 as last amended by section 1, chapter 15, Laws of 1988 and RCW 46.16.310 are each amended to read as follows:

(1) Notwithstanding any other provisions of this chapter, any motor vehicle which is not less than forty years old and is owned and operated primarily as a collector's item shall, upon application and acceptance in the manner and at the time prescribed by the department, be issued a special commemorative license plate in lieu of the regular license plates. Any vehicles to be so licensed must be in good running order. In addition to paying all other initial fees required by law, each applicant shall pay a fee of twenty-five dollars, which fee shall entitle him to one permanent license plate valid for the life of the vehicle. The single plate shall be displayed on the rear of the vehicle.

The registration numbers and special license plates assigned to such motor vehicles shall run in a separate numerical series, commencing with "Horseless Carriage No. 1." The plates shall be of a distinguishing color.

In the event of defacement, loss, or destruction of such special plate, the owner shall apply for a replacement plate in the same manner as prescribed by law for the replacement of regular plates.

All fees collected under this section shall be deposited in the state treasury and credited to the motor vehicle fund.

Sec. 19. VEHICLES MORE THAN THIRTY YEARS OLD. Section 3, chapter 114, Laws of 1971 ex. sess. and RCW 46.16.315 are each amended to read as follows:

(1) Notwithstanding any other provisions of law, any motor vehicle, more than thirty years old, and owned and operated primarily as a collector's item, shall, upon application and acceptance in the manner and at the time prescribed by the department, be authorized in lieu of the regular license plates to carry as the correct license for that vehicle a Washington state license plate or pair of duplicate plates designated for use in the year of the manufacturing of said vehicle, and bearing the date thereof. Any vehicles to be so licensed must be in good running order. In addition to paying all other fees required by law, each applicant shall pay a fee of twenty-five dollars, which fee shall entitle him to have said plate or plates certified as the permanent plate or plates of that vehicle, valid for the life of that vehicle.

All fees collected under this section shall be deposited in the state treasury, and credited to the motor vehicle fund.

Sec. 20. TEMPORARY LICENSE. Section 4, chapter 202, Laws of 1967 as amended by section 141, chapter 158, Laws of 1979 and RCW 46.16.460 are each amended to read as follows:

(1) Upon the payment of a fee of ten dollars therefor, the department of licensing shall issue a temporary motor vehicle license for a motor vehicle in this state for a period of forty-five days when such motor vehicle has been or is being purchased by a nonresident member of the armed forces of the United States and an application, accompanied with prepayment of required fees, for out of state registration has been made by the purchaser.

(2) There is levied and shall be collected from every person liable for license fees under this section as part of the fee imposed hereunder, an additional fee equal to the rate specified in section 8(1) of this act, multiplied by the fee payable under subsection (1) of this section. The proceeds from the additional fee shall be distributed in accordance with section 8(2) of this act.

Sec. 21. CAMPERS. Section 7, chapter 231, Laws of 1971 ex. sess. as last amended by section 11, chapter 118, Laws of 1975 1st ex. sess. and RCW 46.16.505 are each amended to read as follows:

(1) It shall be unlawful for a person to operate any vehicle equipped with a camper over and along a public highway of this state without first having obtained and having in full force and effect a current and proper camper license and displaying a camper license number plate therefor as required by law: PROVIDED, HOWEVER, That if a camper is part of the inventory of a manufacturer or dealer and is unoccupied at all times, and a dated demonstration permit, valid for no more than seventy-two hours is carried in the motor vehicle at all times it is operated by any such individual, such camper may be demonstrated if carried upon an appropriately licensed vehicle.

Application for an original camper license shall be made on a form furnished for the purpose by the director. Such application shall be made by the owner of the camper or his duly authorized agent over the signature of such owner or agent, and he shall certify that the statements therein are true and to the best of his knowledge. The application must show:

((~~(1)~~)) (a) Name and address of the owner of the camper;

((~~(2)~~)) (b) Trade name of the camper, model, year, and the serial number thereof;

((~~(3)~~)) (c) Such other information as the director requires.

There shall be paid and collected annually for each registration year or fractional part thereof and upon each camper a license fee or, if the camper was previously licensed in this state and has not been registered in another jurisdiction in the intervening period, a renewal license fee. Such license fee shall be in the sum of four dollars and ninety cents, and such renewal license fee shall be in the sum of three dollars and fifty cents.

Except as otherwise provided for in this section, the provisions of chapter 46.16 RCW shall apply to campers in the same manner as they apply to vehicles.

Sec. 22. MOPED REGISTRATION. Section 5, chapter 213, Laws of 1979 ex. sess. and RCW 46.16.630 are each amended to read as follows:

(1) Application for registration of a moped shall be made to the department of licensing in such manner and upon such forms as the department shall prescribe, and shall state the name and address of each owner of the moped to be registered, the vehicle identification number, and such other information as the department may require, and shall be accompanied by a registration fee of three dollars. Upon receipt of the application and the application fee, the moped shall be registered and a registration number assigned, which shall be affixed to the moped in the manner as provided by rules adopted by the department. The registration provided in this section shall be valid for a period of twelve months.

Every owner of a moped in this state shall renew the registration, in such manner as the department shall prescribe, for an additional period of twelve months, upon payment of a renewal fee of three dollars.

Any person acquiring a moped already validly registered must, within fifteen days of the acquisition or purchase of the moped, make application to the department for transfer of the registration, and the application shall be accompanied by a transfer fee of one dollar.

The registration fees provided in this section shall be in lieu of any personal property tax or the vehicle excise tax imposed by chapter 82.44 RCW.

The department shall, at the time the registration number is assigned, make available a decal or other identifying device to be displayed on the moped. A fee of one dollar and fifty cents shall be charged for the decal or other identifying device.

The provisions of RCW 46.01.130 and 46.01.140 shall apply to applications for the issuance of registration numbers or renewals or transfers thereof for mopeds as they do to the issuance of vehicle licenses, the appointment of agents, and the collection of application fees. Except for the fee collected pursuant to RCW 46.01.140, all fees collected under this section shall be deposited in the motor vehicle fund.

Sec. 23. EXCESS WEIGHT‑-LOGGING TRUCKS. Section 46.44.047, chapter 12, Laws of 1961 as last amended by section 74, chapter 136, Laws of 1979 ex. sess. and RCW 46.44.047 are each amended to read as follows:

(1) A three-axle truck tractor and a two-axle pole trailer combination engaged in the operation of hauling logs may exceed by not more than six thousand eight hundred pounds the legal gross weight of the combination of vehicles when licensed, as permitted by law, for sixty-eight thousand pounds: PROVIDED, That the distance between the first and last axle of the vehicles in combination shall have a total wheelbase of not less than thirty-seven feet, and the weight upon two axles spaced less than seven feet apart shall not exceed thirty-three thousand six hundred pounds.

Such additional allowances shall be permitted by a special permit to be issued by the department of transportation valid only on state primary or secondary highways authorized by the department and under such rules, regulations, terms, and conditions prescribed by the department. The fee for such special permit shall be fifty dollars for a twelve-month period beginning and ending on April 1st of each calendar year. Permits may be issued at any time, but if issued after July 1st of any year the fee shall be thirty-seven dollars and fifty cents. If issued on or after October 1st the fee shall be twenty-five dollars, and if issued on or after January 1st the fee shall be twelve dollars and fifty cents. A copy of such special permit covering the vehicle involved shall be carried in the cab of the vehicle at all times. Upon the third offense within the duration of the permit for violation of the terms and conditions of the special permit, the special permit shall be canceled. The vehicle covered by such canceled special permit shall not be eligible for a new special permit until thirty days after the cancellation of the special permit issued to said vehicle. The fee for such renewal shall be at the same rate as set forth in this section which covers the original issuance of such special permit. Each special permit shall be assigned to a three-axle truck tractor in combination with a two-axle pole trailer. When the department issues a duplicate permit to replace a lost or destroyed permit and where the department transfers a permit, a fee of five dollars shall be charged for each such duplicate issued or each such transfer.

All fees collected hereinabove shall be deposited with the state treasurer and credited to the motor vehicle fund, except as provided in subsection (2) of this section.

Permits involving city streets or county roads or using city streets or county roads to reach or leave state highways, authorized for permit by the department may be issued by the city or county or counties involved. A fee of five dollars for such city or county permit may be assessed by the city or by the county legislative authority which shall be deposited in the city or county road fund. The special permit provided for herein shall be known as a "log tolerance permit" and shall designate the route or routes to be used, which shall first be approved by the city or county engineer involved. Authorization of additional route or routes may be made at the discretion of the city or county by amending the original permit or by issuing a new permit. Said permits shall be issued on a yearly basis expiring on March 31st of each calendar year. Any person, firm, or corporation who uses any city street or county road for the purpose of transporting logs with weights authorized by state highway log tolerance permits, to reach or leave a state highway route, without first obtaining a city or county permit when required by the city or the county legislative authority shall be subject to the penalties prescribed by RCW 46.44.105. For the purpose of determining gross weight the actual scale weight taken by the officer shall be prima facie evidence of such total gross weight. In the event the gross weight is in excess of the weight permitted by law, the officer may, within his discretion, permit the operator to proceed with his vehicles in combination.

The chief of the state patrol, with the advice of the department, may make reasonable rules and regulations to aid in the enforcement of the provisions of this section.

(2) There is levied and shall be paid and collected annually as part of the fee under subsection (1) of this section, an additional fee equal to the rate specified in section 8(1) of this act, multiplied by the fee payable under subsection (1) of this section. The proceeds of this additional fee shall be distributed in accordance with section 8(2) of this act.

Sec. 24. SPECIAL PERMITS FOR OVERSIZE OR OVERWEIGHT MOVEMENTS. Section 2, chapter 137, Laws of 1965 as last amended by section 5, chapter 351, Laws of 1985 and RCW 46.44.0941 are each amended to read as follows:

(1) The following fees, in addition to the regular license and tonnage fees, shall be paid for all movements under special permit made upon state highways. All funds collected shall be forwarded to the state treasury and shall be deposited in the motor vehicle fund:

!tp1@i2

All overlegal loads, except overweight, single trip!w× !tr$!sc ,0025.00

Continuous operation of overlegal loads having either overwidth or overheight features only, for a period not to exceed thirty days!w× !tr$!sc ,00120.00

Continuous operations of overlegal loads having overlength features only, for a period not to exceed thirty days!w× !tr$!sc ,00110.00

Continuous operation of a combination of vehicles having one trailing unit that exceeds forty-eight feet and is not more than fifty-six feet in length, for a period of one year!w×!tr$100.00

Continuous operation of a combination of vehicles having two trailing units which together exceed sixty feet and are not more than sixty-eight feet in length, for a period of one year!w×!tr$100.00

Continuous operation of a three-axle fixed load vehicle having less than 65,000 pounds gross weight, for a period not to exceed thirty days!w× !tr$!sc ,00150.00

Continuous operation of overlegal loads having nonreducible features not to exceed eighty-five feet in length and fourteen feet in width, for a period of one year!w× !tr$150.00

Continuous operation of farm implements under a permit issued as authorized by RCW 46.44.140 by:

@bv!ix!ir10,1!tp1

((~~(1)~~)) (a) !ih*,2Farmers in the course of farming activities, for any three-month period!w× !tr$!sc ,00110.00

((~~(2)~~)) (b) Farmers in the course of farming activities, for a period not to exceed one year!w× !tr$!sc ,00125.00

((~~(3)~~)) (c) Persons engaged in the business of the sale, repair, or maintenance of such farm implements, for any three-month period!w× !tr$!sc ,00125.00

((~~(4)~~)) (d) Persons engaged in the business of the sale, repair, or maintenance of such farm implements, for a period not to exceed one year!w× !tr$100.00

!te

!sbOverweight Fee Schedule

!tp1,1,1,1

Weight over total registered

gross weight plus additional

gross weight purchased under

RCW 46.44.095 or

46.44.047, or any !tj2!tlFee!sc ,1per

other statute authorizing the state !tj2!tlmile!sc ,1on

department of transportation to issue !tj2!tlstate!sc ,002

annual overweight permits. !tj2!tlhighways

!tb !tp6,7,9,9,5,6!sc ,0051-!sc ,0015,999 pounds!w× !tj3!tl$!tr((~~.05~~)) .08

!sc ,0016,000-11,999 pounds!w× !tj3!tl$!tr((~~.10~~)) .16

12,000-17,999 pounds!w× !tj3!tl$!tr((~~.15~~)) .24

18,000-23,999 pounds!w× !tj3!tl$!tr((~~.25~~)) .40

24,000-29,999 pounds!w× !tj3!tl$!tr((~~.35~~)) .56

30,000-35,999 pounds!w× !tj3!tl$!tr((~~.45~~)) .72

36,000-41,999 pounds!w× !tj3!tl$!tr((~~.60~~)) .96

42,000-47,999 pounds!w× !tj3!tl$!tr((~~.75~~)) 1.20

48,000-53,999 pounds!w× !tj3!tl$!tr((~~.90~~)) 1.44

54,000-59,999 pounds!w× !tj3!tl$!tr((~~1.05~~)) 1.68

60,000-65,999 pounds!w× !tj3!tl$!tr((~~1.20~~)) 1.92

66,000-71,999 pounds!w× !tj3!tl$!tr((~~1.45~~)) 2.32

72,000-79,999 pounds!w× !tj3!tl$!tr((~~1.70~~)) 2.72

80,000 pounds or more!w× !tj3!tl$!tr((~~2.00~~)) 3.20

!te

!ixPROVIDED: ((~~(1)~~)) (i) The minimum fee for any overweight permit shall be $5.00, ((~~(2)~~)) (ii) the fee for issuance of a duplicate permit shall be $5.00, ((~~(3)~~)) (iii) when computing overweight fees that result in an amount less than even dollars the fee shall be carried to the next full dollar if fifty cents or over and shall be reduced to the next full dollar if forty-nine cents or under.

(2) There is levied and shall be paid and collected annually as part of the fee under this section, an additional fee equal to the rate specified in section 8(1) of this act, multiplied by the fee payable under this section. The proceeds from the additional fee shall be distributed in accordance with section 8(2) of this act. This subsection shall take effect January 1, 1992, and the additional fees apply for all motor vehicle registrations that expire after December 31, 1992.

(3) Of the proceeds collected from the overweight schedule under subsection (1) of this section, sixty-two and one-half percent of each fee collected shall be deposited in the motor vehicle fund. The balance, or thirty-seven and one-half percent, shall be forwarded to the state treasurer to be deposited to the credit of the motor vehicle fund and distributed monthly according to the following method:

(a) Forty-seven percent in the motor vehicle fund to be expended for highway purposes of the state as defined in RCW 46.68.130;

(b) Thirty-four percent to the counties for distribution in accordance with RCW 46.68.120;

(c) Nineteen percent to the cities and towns, to be distributed in the same proportions and for the same uses as provided for in RCW 46.68.110 and 46.68.115.

Sec. 25. ANNUAL ADDITIONAL TONNAGE PERMITS. Section 46.44.095, chapter 12, Laws of 1961 as last amended by section 1, chapter 55, Laws of 1988 and RCW 46.44.095 are each amended to read as follows:

(1) When a combination of vehicles has been lawfully licensed to a total gross weight of eighty thousand pounds and when a three or more axle single unit vehicle has been lawfully licensed to a total gross weight of forty thousand pounds pursuant to provisions of RCW 46.44.041, a permit for additional gross weight may be issued by the department of transportation upon the payment of ((~~thirty-seven~~)) sixty dollars ((~~and fifty cents~~)) per year for each one thousand pounds or fraction thereof of such additional gross weight: PROVIDED, That the tire limits specified in RCW 46.44.042 shall apply, and the gross weight on any single axle shall not exceed twenty thousand pounds, and the gross load on any group of axles shall not exceed the limits set forth in RCW 46.44.041: PROVIDED FURTHER, That within the tire limits of RCW 46.44.042, and notwithstanding RCW 46.44.041 and 46.44.091, a permit for an additional six thousand pounds may be purchased for the rear axles of a two-axle garbage truck or eight thousand pounds for the tandem axle of a three axle garbage truck at a rate not to exceed ((~~thirty~~)) forty-eight dollars per thousand. Such additional weight in the case of garbage trucks shall not be valid or permitted on any part of the federal interstate highway system.

The annual additional tonnage permits provided for in this section shall be issued upon such terms and conditions as may be prescribed by the department pursuant to general rules adopted by the transportation commission. Such permits shall entitle the permittee to carry such additional load in an amount and upon highways or sections of highways as may be determined by the department of transportation to be capable of withstanding increased gross load without undue injury to the highway: PROVIDED, That the permits shall not be valid on any highway where the use of such permits would deprive this state of federal funds for highway purposes.

For those vehicles registered under chapter 46.87 RCW, the annual additional tonnage permits provided for in this section may be issued to coincide with the registration year of the base jurisdiction. For those vehicles registered under chapter 46.16 RCW and whose registration has staggered renewal dates, the annual additional tonnage permits may be issued to coincide with the expiration date of the registration. The permits may be purchased at any time, and if they are purchased for less than a full year, the fee shall be one-twelfth of the full fee multiplied by the number of months, including any fraction thereof, covered by the permit. When the department issues a duplicate permit to replace a lost or destroyed permit and where the department transfers a permit from one vehicle to another a fee of five dollars shall be charged for each duplicate issued or each transfer. The department of transportation shall issue permits on a temporary basis for periods not less than five days at one dollar per day for each two thousands pounds or fraction thereof.

The fees levied in RCW 46.44.0941 and this section shall not apply to any vehicles owned and operated by the state of Washington, any county within the state, or any city or town or metropolitan municipal corporation within the state, or by the federal government.

In the case of fleets prorating license fees under the provisions of chapter 46.87 RCW, the fees provided for in this section shall be computed by the department of transportation by applying the proportion of the Washington mileage of the fleet in question to the total mileage of the fleet as reported pursuant to chapter 46.87 RCW to the fees that would be required to purchase the additional weight allowance for all eligible vehicles or combinations of vehicles for which the extra weight allowance is requested.

(2) There is levied and shall be collected from every person liable for fees under this section as part of the fee imposed hereunder, an additional fee equal to the rate specified in section 8(1) of this act, multiplied by the fee payable under subsection (1) of this section. The proceeds from the additional fee shall be distributed in accordance with section 8(2) of this act. This subsection shall take effect January 1, 1992, and the additional fees apply for all motor vehicle registrations that expire after December 31, 1992.

(3) Of the proceeds collected under subsection (1) of this section, sixty-two and one-half percent of each fee collected shall be deposited in the motor vehicle fund. The balance, or thirty-seven and one-half percent, shall be forwarded to the state treasurer to be deposited to the credit of the motor vehicle fund and distributed monthly according to the following method:

(a) Forty-seven percent in the motor vehicle fund to be expended for highway purposes of the state as defined in RCW 46.68.130;

(b) Thirty-four percent to the counties for distribution in accordance with RCW 46.68.120;

(c) Nineteen percent to the cities and towns, to be distributed in the same proportions and for the same uses as provided for in RCW 46.68.110 and 46.68.115.

Sec. 26. SPECIAL PERMITS FOR OVERSIZE OR OVERWEIGHT MOVEMENTS. Section 46.44.096, chapter 12, Laws of 1961 as last amended by section 56, chapter 7, Laws of 1984 and RCW 46.44.096 are each amended to read as follows:

In determining fees according to RCW 46.44.0941, mileage on state primary and secondary highways shall be determined from the planning survey records of the department of transportation, and the gross weight of the vehicle or vehicles, including load, shall be declared by the applicant. Overweight on which fees shall be paid will be gross loadings in excess of loadings authorized by law or axle loadings in excess of loadings authorized by law, whichever is the greater. Loads which are overweight and oversize shall be charged the fee for the overweight permit without additional fees being assessed for the oversize features.

Except as provided in RCW 46.44.0941(2), fees established in RCW 46.44.0941 shall be paid to the political body issuing the permit if the entire movement is to be confined to roads, streets, or highways for which that political body is responsible. When a movement involves a combination of state highways, county roads, and/or city streets the fee shall be paid to the state department of transportation. When a movement is confined within the city limits of a city or town upon city streets, including routes of state highways on city streets, all fees shall be paid to the city or town involved. A permit will not be required from city or town authorities for a move involving a combination of city or town streets and state highways when the move through a city or town is being confined to the route of the state highway. When a move involves a combination of county roads and city streets the fee shall be paid to the county authorities, but the fee shall not be collected nor the county permit issued until valid permits are presented showing the city or town authorities approve of the move in question. When the movement involves only county roads the fees collected shall be paid to the county involved. Fees established shall be paid to the political body issuing the permit if the entire use of the vehicle during the period covered by the permit shall be confined to the roads, streets, or highways for which that political body is responsible.

If, pursuant to RCW 46.44.090, cities or counties issue additional tonnage permits similar to those provided for issuance by the state department of transportation in RCW 46.44.095, the state department of transportation shall authorize the use of the additional tonnage permits on state highways subject to the following conditions:

(1) The owner of the vehicle covered by such permit shall establish to the satisfaction of the state department of transportation that the primary use of the vehicle is on the streets or roads of the city or county issuing the additional tonnage permit;

(2) That the fees paid for the additional tonnage are not less than those established in RCW 46.44.095;

(3) That the city or county issuing the permit shall allow the use of permits issued by the state pursuant to RCW 46.44.095 on the streets or roads under its jurisdiction;

(4) That all of the provisions of RCW 46.44.042 and 46.44.041 shall be observed.

When the department of transportation is satisfied that the above conditions have been met, the department of transportation, by suitable endorsement on the permit, shall authorize its use on such highways as the department has authorized for such permits pursuant to RCW 46.44.095, and all such use of such highways is subject to whatever rules and regulations the state department of transportation has adopted for the permits.

Sec. 27. DISPOSITION OF VEHICLE LICENSE FEES. Section 20, chapter 380, Laws of 1985 and RCW 46.68.030 are each amended to read as follows:

Except for proceeds from fees for vehicle licensing for vehicles paying such fees under RCW 46.16.070 and 46.16.085, and as otherwise provided for in chapter 46.16 RCW, all fees received by the director for vehicle licenses under the provisions of chapter 46.16 RCW shall be forwarded to the state treasurer, accompanied by a proper identifying detailed report, and be by him deposited to the credit of the motor vehicle fund, except that the proceeds from the vehicle license fee and renewal license fee shall be deposited by the state treasurer as hereinafter provided. After July 1, 1981, that portion of each vehicle license fee in excess of $7.40 and that portion of each renewal license fee in excess of $3.40 shall be deposited in the state patrol highway account in the motor vehicle fund, hereby created. Vehicle license fees, renewal license fees, and all other funds in the state patrol highway account shall be for the sole use of the Washington state patrol for highway activities of the Washington state patrol, subject to proper appropriations and reappropriations therefor, for any fiscal biennium after June 30, 1981, and twenty-seven and three-tenths percent of the proceeds from $7.40 of each vehicle license fee and $3.40 of each renewal license fee shall be deposited each biennium in the Puget Sound ferry operations account to partially finance, together with other funds in the account, any budgeted state ferry system maintenance and operating deficit for that biennium. The deficit shall be calculated by subtracting from total costs the sum of all unappropriated funds available to the state ferry system, including revenues from tolls that are adjusted by the transportation commission. Any remaining amounts of vehicle license fees and renewal license fees that are not deposited in the Puget Sound ferry operations account shall be deposited in the motor vehicle fund.

NEW SECTION. Sec. 28. (1) Sections 2, 3, 4, 5, 6, and 7 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1989.

(2) Sections 11 (1), (3), and (4), 15 (1) and (3), 24 (1) and (3), 25 (1) and (3), and 27 of this act shall take effect January 1, 1990. The additional fees apply for all motor vehicle registrations that expire after December 31, 1990.

(3) Sections 8, 9, 10, 11(2), 12, 13, 14, 15(2), 16, 17, 18, 19, 20, 21, 22, 23, 24(2), 25(2), and 26 of this act shall take effect January 1, 1992, and the additional fees apply for all motor vehicle registrations that expire after December 31, 1992.

(4) The director of licensing may immediately take such steps as are necessary to ensure that the sections of this act are implemented on their effective dates.

NEW SECTION. Sec. 29. RAIL CORRIDOR PRESERVATION GUIDELINES. In rail banking situations where it is not practicable to implement or continue freight rail service operations until some future date and the line's right of way is available for purchase and meets the criteria of chapter 47.76 RCW:

(1) The department of transportation shall preserve rail corridors for future rail service by purchasing the rights of way with funds specifically allocated within the essential rail banking account.

(2) Acquisition of rights of way may also include track, bridges, and associated elements.

(3) All corridors purchased under the rail bank program shall be identified by the department of transportation.

(4) All corridors acquired by municipalities by donation or reversion for future rail use shall be identified in the rail bank program.

(5) If it is determined that the rail rights of way are more appropriately used for purposes other than rail service, and nonrail funds for those purposes have been designated, the appropriate governmental agencies may acquire these through purchase, donation, or reversionary rights.

NEW SECTION. Sec. 30. FINANCING MECHANISMS AND SOURCES FOR PUBLIC RAILROADS. State funding for rail service preservation shall be related to state benefits, which include reducing state and county highway maintenance and repair costs, increasing economic development opportunities, preserving jobs, and considering safety, and is contingent upon appropriate local participation.

NEW SECTION. Sec. 31. ESSENTIAL RAIL BANKING ACCOUNT‑-CREATION. (1) The essential rail banking account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes specified in this section.

(2) Moneys in the account may be used by the department to purchase unused rail rights of way or provide up to eighty percent of the funding through loans to port districts and county rail districts to purchase unused rail rights of way that meet the following criteria:

(a) The right of way has been identified, evaluated, and analyzed in the state rail plan;

(b) The right of way may be or has been abandoned and is available for acquisition;

(d) Reestablishment or maintenance of rail service would benefit the state of Washington.

!ixThe department may exercise its authority to use moneys in the account for the purposes of this section only with legislative appropriation for this purpose or upon receipt of a donation of funds sufficient to cover the property acquisition and management costs. The department may receive donations of funds for this purpose, which shall be conditioned upon, and made in consideration for the repurchase rights contained in RCW 47.76.040. Nothing in this section may be interpreted or applied so as to impair the reversionary rights of abutting landowners, if any, without just compensation.

(3) All earnings of investments of balances in the essential rail banking account shall be credited to that account.

Sec. 32. ESSENTIAL RAIL ASSISTANCE ACCOUNT. Section 6, chapter 303, Laws of 1983 as amended by section 64, chapter 57, Laws of 1985 and by section 2, chapter 432, Laws of 1985 and RCW 47.76.030 are each reenacted and amended to read as follows:

(1) The essential rail assistance account is hereby created in the state treasury. Moneys in the account may be appropriated only for the purposes specified in this section.

(2) Moneys in the account may be distributed to county rail districts and port districts for the purpose of:

(a) Acquiring, maintaining, or improving branch rail lines; ((or))

(b) Operating railroad equipment necessary to maintain essential rail service;

(c) Construction of transloading facilities to increase business on light density lines or to mitigate the impacts of abandonment; or

(d) Preservation, including operation, of viable light density lines, as identified by the Washington state department of transportation, in compliance with this chapter.

(3) ((~~Moneys in the account may be distributed to the department to purchase unused rail right of way that meets the following criteria:~~

~~(a) The right of way has been identified, evaluated, and analyzed in the state rail plan prepared pursuant to RCW 47.76.020;~~

~~(b) The right of way has been abandoned and is available for acquisition;~~

~~(c) The right of way has potential for future rail service; and~~

~~(d) Reestablishment of rail service in the future would benefit the state of Washington.~~

!ixThe department may exercise its authority to use moneys in the account for the purposes of this subsection only with legislative appropriation for this purpose or upon receipt of a donation of funds sufficient to cover the property acquisition and management costs. The department may receive donations of funds for this purpose, which shall be conditioned upon, and made in consideration for the repurchase rights contained in RCW 47.76.040. Nothing in this section shall be interpreted or applied so as to impair the reversionary rights of abutting landowners, if any, without just compensation.

~~(4)~~)) County rail districts and port districts may grant franchises to private railroads for the right to operate on lines acquired, repaired, or improved under this chapter.

((~~(5)~~)) (4) Moneys distributed under subsection (2) of this section shall not exceed eighty percent of the cost of the service or project undertaken. At least twenty percent of the cost shall be provided by the county, port district, or other local sources.

((~~(6)~~)) (5) The amount distributed under this section shall be repaid to the state by the county rail district or port district. The repayment shall occur within ten years of the distribution of the moneys and shall be deposited in the essential rail assistance account. Emergency loans shall be repaid within five years. The repayment schedule and rate of interest, if any, shall be set at the time of the distribution of the moneys.

((~~(7)~~)) (6) All earnings of investments of balances in the essential rail assistance account shall be credited to the general fund.

NEW SECTION. Sec. 33. The sum of four million seven hundred thousand dollars, or as much thereof as may be necessary, is transferred from the general fund to the essential rail assistance account and is appropriated for the biennium ending June 30, 1991, to the department of transportation for the purposes stated in RCW 47.76.030.

NEW SECTION. Sec. 34. The sum of two million two hundred thousand dollars, or as much thereof as may be necessary, is transferred from the general fund to the essential rail banking account and is appropriated for the biennium ending June 30, 1991, to the department of transportation for the purposes stated in section 31 of this act.

NEW SECTION. Sec. 35. The sum of four hundred twenty-six thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the department of transportation for the purposes of administration of the state freight rail program.

PART II: LOCAL OPTION FUNDING AUTHORITY

NEW SECTION. Sec. 36. LOCAL OPTION MOTOR VEHICLE FUEL TAX. A new section is added to chapter 82.36 RCW to read as follows:

(1) Subject to the conditions of this section, a county or first class city may levy, by approval of its legislative body, an additional excise tax in an amount not to exceed three cents per gallon on each gallon of motor vehicle fuel sold to a dealer for the purpose of sale within the boundaries of the county or first class city. The county's authority to levy an additional excise tax under this section includes the incorporated and unincorporated areas of the county. No first class city may exercise any portion of that authority unless the county within which it is located has not exercised that authority within two years after the effective date of this section. After such period, a first class city may exercise within its own boundaries any portion of that authority not exercised by the county. In no event may the amount of the additional excise tax levied within a first class city, by the county and the first class city combined, exceed three cents per gallon on each gallon of motor vehicle fuel sold to a dealer for the purpose of sale within the boundaries of the first class city. The additional excise tax is subject to the same exceptions and rights of refund as applicable to other motor vehicle fuel excise taxes levied under chapter 82.36 RCW.

(2) Every distributor shall pay, in addition to any other taxes provided by law, an additional excise tax to the director at the rate levied by a county or first class city exercising its authority under this section.

(3) The state treasurer shall distribute monthly to the levying county and first class city the proceeds of the additional motor vehicle fuel excise tax collected under this section, after the deductions for payments and expenditures as provided in RCW 46.68.090 (1) and (2).

(4) After receipt of the proceeds from the state treasurer, the county levying an additional excise tax under this section shall redistribute the funds to itself and to all cities within the boundaries of the county in pro rata amounts equivalent to the ratio that each jurisdiction's resident population bears to the population of the county as a whole. The county's population, for purposes of this redistribution, is considered to be all persons residing within the unincorporated area of the county. In making the redistribution, the county shall use the population estimates prepared by the state office of financial management, which shall adjust the estimates annually. In calculating the amount required to be distributed by the county to a first class city that has exercised its authority to levy part or all of the additional excise tax allowed, the county shall subtract the amount of the proceeds received by the first class city from its own levy. A first class city levying the additional excise tax is not required to make a redistribution of the proceeds.

(5) The proceeds of the additional excise tax levied under this section shall be used strictly for transportation purposes in accordance with section 43 of this act.

Sec. 37. LOCAL OPTION MOTOR VEHICLE EXCISE TAXES. Section 1, chapter 191, Laws of 1988 and RCW 82.44.020 are each amended to read as follows:

(1) An excise tax is imposed for the privilege of using in the state any motor vehicle, except those operated under reciprocal agreements, the provisions of RCW 46.16.160 as now or hereafter amended, or dealer's licenses. The annual amount of such excise tax shall be two percent of the fair market value of such vehicle.

(2) An additional excise tax is imposed, in addition to any other tax imposed by this section, for the privilege of using in the state any such motor vehicle, and the annual amount of such additional excise shall be two-tenths of one percent of the fair market value of such vehicle.

(3) Effective with January((,)) 1989((,)) motor vehicle license expirations, ((~~and ending after December, 1991, expirations,~~)) an additional excise tax is imposed, in addition to any other tax imposed by this section, for the privilege of using in the state any such motor vehicle, and the annual amount of such additional excise tax shall be one-tenth of one percent of the fair market value of such vehicle.

(4) The department of licensing and county auditors shall collect the additional tax imposed by subsections (2) and (3) of this section for any registration year for the months of that registration year in which such additional tax is effective, and in the same manner and at the same time as the tax imposed by subsection (1) of this section.

(5) In no case shall the total tax be less than two dollars except for proportionally registered vehicles.

(6) An additional tax is imposed equal to the taxes payable under subsections (1) and (2) of this section multiplied by the rate specified in RCW 82.02.030.

(7) A county may impose, by approval of its legislative body, an additional excise tax upon motor vehicles registered within its boundaries in an amount not to exceed twenty-five percent of the excise tax imposed under subsections (1) through (6) of this section. The additional taxes are subject to the same exclusions, schedules, methods of collection, and penalties as all other taxes imposed under this section. The proceeds of the additional tax imposed under this subsection shall be used strictly for transportation purposes in accordance with section 43 of this act.

(8) A transit operating agency may impose, by approval of its legislative body, an additional excise tax upon such motor vehicles in an amount not to exceed fifteen percent of the excise tax, imposed pursuant to subsections (1) through (6) of this section. The additional taxes are subject to the same exclusions, schedules, methods of collection, and penalties as all other taxes imposed under this section. The proceeds of the additional taxes imposed under this subsection shall be used strictly for high-capacity transit improvements and programs including, but not limited to, transit and carpool lanes, park-and-ride lots, transit and carpool ramps, meter-bypass ramps, transit freeway stations, transit centers, priority loading lanes for ferries, signal preemption systems, and intersection bypass structures. As used in this subsection, "transit operating agency" means the legislative body of any of the following entities operating a public transportation system: A city pursuant to RCW 35.92.060, a county that has created an unincorporated transportation benefit area pursuant to RCW 36.57.100 and 36.57.110, a public transportation benefit area pursuant to RCW 36.57A.080 and 36.57A.090, a county transportation authority established pursuant to chapter 36.57 RCW, or a metropolitan municipal corporation pursuant to chapter 35.58 RCW.

(9) Washington residents, as defined in RCW 46.16.028, who license motor vehicles in another state or foreign country and avoid Washington motor vehicle excise taxes are liable for such unpaid excise taxes. The department of revenue may assess and collect the unpaid excise taxes under chapter 82.32 RCW, including the penalties and interest provided therein.

Sec. 38. Section 1, chapter 18, Laws of 1988 and RCW 82.44.150 are each amended to read as follows:

(1) The director of licensing shall on the twenty-fifth day of February, May, August, and November of each year, commencing with November, 1971, advise the state treasurer of the total amount of motor vehicle excise taxes remitted to the department of licensing during the preceding calendar quarter ending on the last day of March, June, September, and December, respectively, except for those payable under RCW 82.44.020(6) and 82.44.030, from motor vehicle owners residing within each municipality which has levied a tax under RCW 35.58.273 or 82.44.020(7) or (8), which amount of excise taxes shall be determined by the director as follows:

The total amount of motor vehicle excise taxes remitted to the department, except those payable under RCW 82.44.020(6) and 82.44.030, from each county shall be multiplied by a fraction, the numerator of which is the population of the municipality residing in such county, and the denominator of which is the total population of the county in which such municipality or portion thereof is located. The product of this computation shall be the amount of excise taxes from motor vehicle owners residing within such municipality or portion thereof. Where the municipality levying a tax under RCW 35.58.273 or 82.44.020(8) is located in more than one county, the above computation shall be made by county, and the combined products shall provide the total amount of motor vehicle excise taxes from motor vehicle owners residing in the municipality as a whole. Population figures required for these computations shall be supplied to the director by the office of financial management, who shall adjust the fraction annually.

(2) On the first day of the months of January, April, July, and October of each year, the state treasurer based upon information provided by the department of licensing shall make the following apportionment and distribution of motor vehicle excise taxes deposited in the general fund except taxes collected under RCW 82.44.020(6), (7), and (8). A sum equal to seventeen percent thereof shall be paid to cities and towns in the proportions and for the purposes hereinafter set forth; a sum equal to two percent thereof shall be allocable to the county sales and use tax equalization account under RCW 82.14.200; and a sum equal to four and two-tenths percent of the special excise tax levied under RCW 35.58.273 by those municipalities authorized to levy a special excise tax at a rate not exceeding ninety-six one-hundredths of one percent on the fair market value of every motor vehicle owned by a resident of such municipality shall be deposited in the rail development account established in RCW 47.78.010.

(3) The state treasurer shall distribute the motor vehicle excise taxes collected under RCW 82.44.020(7) to the county, cities, and towns in pro rata amounts equivalent to the ratio that each jurisdiction's resident population bears to the population of the county as a whole. The county's population, for purposes of this distribution, is considered to be all persons residing within the unincorporated area of the county. In making the distribution, the county shall use the population estimates prepared by the state office of financial management, which shall adjust the estimates annually. The state treasurer shall distribute the motor vehicle excise taxes collected under RCW 82.44.020(8) to the levying transit operating agency as defined in RCW 82.44.020(8) in the manner provided under subsection (6) of this section.

(4) The amount payable to cities and towns, except for amounts collected under RCW 82.44.020(7) or (8), shall be apportioned among the several cities and towns within the state according to the following formula:

(a) Sixty-five percent of the sum specified in subsection (2) of this section to be paid to cities and towns shall be apportioned ratably on the basis of population as last determined by the office of financial management.

(b) Thirty-five percent of the sum specified in subsection (2) of this section to be paid to cities and towns shall be apportioned to cities and towns under RCW 82.14.210.

((~~(4)~~)) (5) When so apportioned, the amount payable to each such city and town shall be transmitted to the city treasurer thereof, and shall be utilized by such city or town for the purposes of police and fire protection and the preservation of the public health therein, and not otherwise. However, the amounts collected under RCW 82.44.020(7) shall be used for transportation purposes only in accordance with section 43 of this act, and the amounts collected under RCW 82.44.020(8) shall be used for high-capacity transit improvements and programs in accordance with RCW 82.44.020(8) and section 43 of this act. In case it be adjudged that revenue derived from the excise tax imposed by this chapter cannot lawfully be apportioned or distributed to cities or towns, all moneys directed by this section to be apportioned and distributed to cities and towns shall be credited and transferred to the state general fund.

((~~(5)~~)) (6) On the first day of the months of January, April, July, and October of each year, the state treasurer, based upon information provided by the department of licensing, shall remit motor vehicle excise tax revenues imposed and collected under RCW 35.58.273 and 82.44.020(8) as follows:

(a) The amount required to be remitted by the state treasurer to the treasurer of any municipality levying the tax shall not exceed in any calendar year the amount of locally-generated tax revenues, excluding the excise tax imposed under RCW 35.58.273 and 82.44.020(8) for the purposes of this section, which shall have been budgeted by the municipality to be collected in such calendar year for any public transportation purposes including but not limited to operating costs, capital costs, and debt service on general obligation or revenue bonds issued for these purposes; and

(b) In no event may the amount remitted in a single calendar quarter exceed the amount collected on behalf of the municipality under RCW 35.58.273 and 82.44.020(8) during the calendar quarter next preceding the immediately preceding quarter.

((~~(6)~~)) (7) At the close of each calendar year accounting period, but not later than April 1st, each municipality that has received motor vehicle excise taxes under subsection ((~~(5)~~)) (6) of this section shall transmit to the director of licensing and the state auditor a written report showing by source the previous year's budgeted tax revenues for public transportation purposes as compared to actual collections. Any municipality that has not submitted the report by April 1st shall cease to be eligible to receive motor vehicle excise taxes under subsection ((~~(5)~~)) (6) of this section until the report is received by the director of licensing. If a municipality has received more or less money under subsection ((~~(5)~~)) (6) of this section for the period covered by the report than it is entitled to receive by reason of its locally-generated collected tax revenues, the director of licensing shall, during the next ensuing quarter that the municipality is eligible to receive motor vehicle excise tax funds, increase or decrease the amount to be remitted in an amount equal to the difference between the locally-generated budgeted tax revenues and the locally-generated collected tax revenues. In no event may the amount remitted for a calendar year exceed the amount collected on behalf of the municipality under RCW 35.58.273 and 82.44.020(8) during that same calendar year. At the time of the next fiscal audit of each municipality, the state auditor shall verify the accuracy of the report submitted and notify the director of licensing of any discrepancies.

((~~(7)~~)) (8) The motor vehicle excise taxes imposed under RCW 35.58.273 and 82.44.020(7) and (8) and required to be remitted under this section shall be remitted without legislative appropriation.

((~~(8)~~)) (9) Any municipality levying and collecting a tax under RCW 35.58.273 or 82.44.020(8) which does not have an operating, public transit system or a contract for public transportation services in effect within one year from the initial effective date of the tax shall return to the state treasurer all motor vehicle excise taxes received under subsection ((~~(5)~~)) (6) of this section.

(10) "Municipality," as used in this section, means a county, city, town, or transit operating agency as defined in RCW 82.44.020(8).

NEW SECTION. Sec. 39. LOCAL OPTION COMMUTER TAX. (1) The governing body of a county or city may fix and impose a commuter tax on all employers within its respective jurisdiction in accordance with this section. The jurisdiction of a county, for purposes of this section, includes only the unincorporated area of the county. The jurisdiction of a city includes only the area within its incorporated boundaries.

(2) "Employer," as used in this section, means a firm, partnership, corporation, association, municipal corporation, political subdivision or agency of the state of Washington, the United States, or any instrumentality thereof that conducts all or part of its business from an address within the boundaries of the respective county or city that imposes a tax under this section.

(3) "Employee," as used in this section, means a person who works full time (thirty or more hours per week) for an employer for wages, salary, or other compensation.

(4) The amount of the commuter tax shall be calculated based upon the number of full-time employees working for each employer on the first day of each month multiplied by the rate imposed by the respective county or city. The rates of the tax shall not exceed the amount of two dollars per full-time employee per month. The tax shall be paid quarterly on May 1st, August 1st, November 1st, and February 1st of each year based upon the taxes that have accrued in the quarters ending respectively on March 31st, June 30th, September 30th, and December 31st of each calendar year.

(5) Each employer within the jurisdiction of a county or city imposing a commuter tax shall report the number of its full-time and part-time employees and the amount of the tax owed on forms prescribed by the treasurer of the jurisdiction imposing the tax. The county or city may use the quarterly employer reports submitted for industrial insurance under RCW 51.16.060 for the purpose of assisting it in making the determination of the amount of the commuter tax owed.

(6) The proceeds of the commuter tax shall be used strictly for transportation purposes in accordance with section 43 of this act. A jurisdiction exercising its authority to impose a commuter tax for transportation purposes under this section shall not directly or indirectly impose an additional commuter tax under any other authority that may be available to it.

NEW SECTION. Sec. 40. LOCAL OPTION STREET AND ROAD UTILITY. A city, town, or county may elect by action of its legislative authority to own, maintain, operate, and construct all or any described portion of its streets and roads as a separate enterprise and facility, known as a street and road utility, and from time to time add other existing or new streets and roads to that street or road utility, with full power to regulate and control the use, location, and standards of construction and maintenance thereof. The legislative authority of the city, town, or county may include as a part of the street or road utility, public transportation and ride-sharing improvements and services, street lighting, traffic control devices, sidewalks, curbs, gutters, and drainage facilities. The legislative authority of the city, town, or county is the governing body of the street and road utility.

NEW SECTION. Sec. 41. RATES CHARGED BY UTILITY. A city, town, or county electing to own, maintain, operate, and construct its streets and roads as a separate street and road utility may levy periodic charges for the use or availability of the streets and roads in order to meet the actual costs incurred for regulation, maintenance, operation, and construction of facilities under the jurisdiction of the street and road utility. The rates charged for the use must be uniform for the same class of service. In classifying service furnished, the city, town, or county legislative authority may consider the following factors: The difference in cost of service to the various users; the location of the various users within the city, town, or county; the difference in cost of maintenance, operation, repair, and replacement of the various parts of the utility; the different character of the service furnished various users; the size and quality of the street and road service furnished; the time of its use; capital contributions made to the utility including but not limited to special assessments and transportation impact fees; and any other matters that present a reasonable basis for distinction. Charges may be made against owners or occupants of real property based on the burden imposed on or benefits received from the streets and roads by each class of such owners or occupants. The charges shall not be computed on the basis of an ad valorem charge on the underlying real property and improvements. This section shall not be used as a basis to directly or indirectly charge transportation impact fees or mitigation fees of any kind against new development.

NEW SECTION. Sec. 42. USE OF OTHER PROCEEDS BY UTILITY. The city, town, or county electing to own, maintain, operate, and construct its streets and roads and related facilities as a utility under this chapter may finance the construction, including the replacement, repair, and improvement of any such streets and related facilities, through local improvement districts, utility local improvement districts, road improvement districts, or with proceeds from general obligation bonds and revenue bonds payable from the charges issued in accordance with chapter 35.41 or 35.92 RCW in the case of cities and towns, or chapter 36.67 RCW in the case of counties, or any combination thereof. The city, town, or county may use, in addition to the charges authorized by section 41 of this act, funds from general taxation, road funds, money received from the federal, state, or other local governments, and other funds made available to it. The proceeds of the charges authorized by section 41 of this act shall be used strictly for transportation purposes in accordance with this chapter and section 43 of this act.

NEW SECTION. Sec. 43. USE OF LOCAL OPTION FUNDS. (1) The proceeds collected pursuant to the exercise of the local option authority of RCW 82.44.020 (7) and (8), sections 36, 39, and 41 of this act (hereafter called "local option transportation funds") shall be used for transportation purposes only, including but not limited to the following: The operation, maintenance, and preservation of roads, streets, and other transportation improvements; new construction, reconstruction, and expansion of city, county, and state roads and streets and other transportation improvements; development and implementation of public transportation and high-capacity transit improvements and programs; and planning, design, and acquisition of right of way and sites for such transportation purposes. The proceeds collected from excise taxes on the sale, distribution, or use of motor vehicle fuel under section 36 of this act shall be used exclusively for "highway purposes" as that term is construed in Article II, section 40 of the state Constitution.

(2) The local option transportation funds shall be expended for transportation uses consistent with the adopted transportation and land use plans of the jurisdiction expending the funds and consistent with any applicable and adopted regional transportation plan for metropolitan planning areas.

(3) Each local government levying or expending local option transportation funds is also required to develop and adopt a specific transportation program that contains the following elements:

(a) The program shall identify the geographic boundaries of the entire area or areas within which local option transportation funds will be levied and expended.

(b) The program shall be based on an adopted comprehensive, long-term transportation plan for the geographic areas covered and shall identify the proposed operation, maintenance, and construction of transportation improvements and services in the designated plan area intended to be funded in whole or in part by local option transportation funds and shall identify the annual costs applicable to the program.

(c) The program shall indicate how the local transportation plan is coordinated with applicable transportation plans for the region and for adjacent jurisdictions.

(d) The program shall include at least a six-year funding plan, updated annually, identifying the specific public and private sources and amounts of revenue necessary to fund the program. The program shall include a proposed schedule for construction of projects and expenditure of funds. The funding plan shall consider the additional local tax revenue estimated to be generated by new development within the plan area if all or a portion of the additional revenue is proposed to be earmarked as future appropriations for transportation improvements in the program.

(4) Local governments exercising the authority for local option transportation funds shall periodically review and update their transportation program to ensure that it is consistent with applicable local and regional transportation and land use plans and within the means of estimated public and private funding available.

(5) In the case of expenditure for new or expanded transportation facilities, improvements, and services, priorities in the use of local option transportation funds shall be identified in the transportation program and expenditures shall be made based upon the following criteria, which are stated in descending order of weight to be attributed:

(a) First, the project serves a multijurisdictional function;

(b) Second, it is necessitated by existing or reasonably foreseeable congestion;

(d) Fourth, it is partially funded by other government funds, such as from the state transportation improvement board, or by private sector contributions, such as those from the Local Transportation Act, chapter 39.92 RCW.

(6) As a condition of levying, receiving, and expending local option transportation funds, no local government agency may use the funds to replace, divert, or loan any funds currently being used for transportation purposes to nontransportation purposes. The current level of transportation expenditures, for purposes of this section, shall be determined by taking the annual average of all transportation expenditures for capital construction, maintenance, and operations made in the three previously completed budget years, and expressed as an average dollar amount and as an average percentage of the total budget. This local transportation base of expenditures shall be maintained at the higher of the average dollar amount or average percentage, in addition to the local option transportation funds, for every year that the local government receives and expends local option transportation funds.

(7) Local governments are authorized and encouraged to enter into interlocal agreements to jointly develop and adopt with other local governments the transportation programs required by this section for the purpose of accomplishing regional transportation planning and development.

(8) Local governments may use all or a part of the local option transportation funds for the amortization of local government general obligation and revenue bonds issued for transportation purposes consistent with the requirements of this section. A local government that levies local option transportation funds may also provide for the retirement of voter-approved general obligation bonds issued for capital transportation purposes only, consistent with the requirements of this section, by levying bond retirement ad valorem property tax levies in excess of the one percent limitation whenever authorized by the voters of the applicable district under Article VII, section 2(6) of the state Constitution and RCW 84.52.056.

PART III: AUTHORIZATION OF LOCAL MULTIMODAL PLAN FUNDING

NEW SECTION. Sec. 44. MULTIMODAL PLAN DEVELOPMENT OUTSIDE PUGET SOUND. (1) In class A counties not bordered by class AA counties and in counties of the first class and smaller, city-owned transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas may elect to establish rail service or other high-capacity transit systems through a multimodal plan. The plan may include high-capacity rapid transit systems, other transit-related improvements, and significant regional road, ferry, and other transportation projects. Such agencies shall form a regional policy committee with proportional representation based upon population distribution within the designated service area.

(a) City-owned transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas participating in joint regional policy committees shall seek voter approval within their own service boundaries of a multimodal plan and financing program.

(b) An interim regional rail transit authority may be formed in a manner similar to that provided by section 45(2) of this act and shall seek voter approval of a multimodal plan and financing program within its proposed service boundaries.

(2) City-owned transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas in counties adjoining state or international boundaries may participate in the regional rail transit programs of an adjoining state or nation.

NEW SECTION. Sec. 45. MULTIMODAL PLAN DEVELOPMENT IN CENTRAL PUGET SOUND. (1) Agencies in class AA counties and in class A counties bordering class AA counties that are currently authorized to provide rail transit planning and operating services, including but not limited to city-owned transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas, shall establish through interlocal agreements a joint regional policy committee with proportional representation based upon the population distribution within each agency's designated service area, as determined by the parties to the agreement.

(a) The membership of the joint regional policy committee shall consist of locally elected officials who serve on transit boards and shall include a representative from the department of transportation. The committee may allow nonvoting membership for elected officials from adjoining counties.

(b) The joint regional policy committee is responsible for the preparation and adoption of a regional multimodal plan and an implementation program including a financing package. The plan may include high-capacity rapid transit systems, other transit-related improvements, and significant regional road, ferry, and other transportation projects.

(c) Interlocal agreements shall be executed within two years of the effective date of this section. The joint regional policy committee shall present a multimodal plan and local funding program to the boards of directors of the transit agencies within the service benefit area for adoption.

(d) Transit agencies shall present the adopted multimodal plan and financing program for voter approval within four years of the execution of the interlocal agreements. A simple majority vote is required for approval of the multimodal plan and financing program in any service district within each county. Rail service may proceed in a service area approving the plan and program.

(2) If the interlocal agreements have not been executed within two years from the effective date of this section, the designated metropolitan planning organization shall convene within one hundred eighty days a conference to be attended by an elected representative selected by the legislative authority of each city and county in class AA counties and in class A counties bordering class AA counties.

(a) The planning organization shall give thirty days public notice of the conference.

(b) The purpose of the conference is to evaluate the need for developing rail service in class AA counties and in class A counties bordering class AA counties and to determine the desirability of a regional approach to developing rail service.

(c) The conference may elect to continue rail efforts on a subregional basis through established transit planning and operating agencies.

(d) The conference may elect to pursue regional development by creating a multicounty interim regional rail transit authority. Conference members shall determine the structure and composition of the interim regional rail transit authority.

(i) The interim regional authority shall propose a permanent authority or authorities for voter approval. Permanent regional rail authorities shall become the responsible agencies for rail planning, construction, operations, and funding within their service boundaries. Funding sources for a regional rail authority or authorities are separate from currently authorized funding sources for city-owned transit systems, county transportation authorities, metropolitan municipal authorities, or public transportation benefit areas.

(ii) State and local jurisdictions, county transportation authorities, metropolitan municipal corporations, or public transportation benefit areas shall retain responsibility for existing rail transit facilities and services, unless the responsibility is transferred to the rail transit authority or authorities by interlocal agreement.

(3) If, within four years from the execution of the interlocal agreements, a multimodal plan and financing program has not been approved by a simple majority vote within any of the participating jurisdictions, the joint regional policy committee shall convene a conference within one hundred eighty days. Such a conference shall be for the same purpose and is subject to the same conditions as described in subsection (2) of this section.

(4) Rail service planning, construction, operations, and funding shall be governed through the interlocal agreement process, including provision for a cost allocation and distribution formula, line alignment, station area locations, right of way transfers, and feeder transportation systems. The interlocal agreement shall include a mechanism for resolving conflicts among parties to the agreement.

NEW SECTION. Sec. 46. EXPANSION OF PASSENGER RAIL SERVICE BOUNDARIES. Regional passenger rail service boundaries may be expanded beyond the established service district through interlocal agreements among the agency boards of directors and upon voter approval within the affected area of jurisdiction. Rail service boundaries may encompass smaller service districts than are authorized for existing transit agencies.

NEW SECTION. Sec. 47. REGIONAL TRANSPORTATION PLANNING AND MULTIMODAL PLANNING. Regional transportation plans shall be considered in adopting local land use and transportation plans. Regional transportation plans and local land use plans shall address the impacts of urban growth on effective transit planning and development and provide for cooperation between local jurisdictions and transit agencies.

(1) Regional multimodal plans shall be included in the designated metropolitan planning organization's regional transportation plan review and update process to facilitate development of a coordinated transportation system and to meet federal funding requirements.

(2) The state and local jurisdictions shall cooperate in encouraging land uses compatible with the multimodal plan development. These include developing sufficient land use densities through local actions in rail corridors and near passenger rail stations, preserving transit rights of way, and protecting the region's environmental quality. Agencies providing passenger rail services, in cooperation with public and private interests, shall develop a program to promote transit-compatible land use and development.

(3) Agencies providing rail service and local transit agencies shall develop a cooperative process for the planning, development, operations, and funding of feeder transportation systems.

(4) Jurisdictions, working through their designated metropolitan planning organizations, shall manage a right of way preservation review process that includes activities to promote the preservation of the high-capacity transit rights of way.

(a) Jurisdictions shall forward all development proposals for projects within identified corridors to the designated metropolitan planning organizations, which shall distribute project files for local and regional agency review.

(b) The metropolitan planning organizations shall also review project files for conformance with the regional transportation plan and associated regional development strategies. The designated metropolitan planning organization shall communicate concerns to the originating jurisdiction and the joint regional policy committee or, if established, a regional rail transit authority.

NEW SECTION. Sec. 48. FINANCING FOR MULTIMODAL PROGRAMS. (1) Local jurisdictions that are authorized to provide rail and transit service, including city-owned transit systems, county transportation authorities, metropolitan municipal corporations, and public transportation benefit areas, may levy the following taxes within the proposed transit service districts for the purpose of funding a multimodal plan: (a) A sales and use tax of up to one percent, upon voter approval in accordance with section 49 of this act, and (b) a property tax for capital purposes only, of up to three dollars per one thousand dollars of assessed value, upon voter approval in accordance with RCW 84.52.056.

(2) Authorization in subsection (1) of this section is in addition to the funding authority of existing transit agencies. Local option funds may be used to support implementation of interlocal agreements with respect to the establishment of regional rail and other transit service. Local jurisdictions shall retain control over moneys generated within their boundaries, although funds may be commingled for planning, construction, and operations as set forth in the agreements.

(3) Agencies providing passenger rail or other transit service may contract with the state for collection and transfer of local option revenue.

(4) Agencies providing rail or other transit service shall retain responsibility for revenue encumbrance, disbursement, and bonding. Funds may be used for any purpose relating to planning, construction, or operation of a rail or other transit, commuter rail, or feeder transportation system.

(5) Jurisdictions may seek state and other funding for passenger rail projects from sources besides the rail development account.

NEW SECTION. Sec. 49. VOTER APPROVED SALES AND USE TAX. A new section is added to chapter 82.14 RCW to read as follows:

The legislative authority of a city, county transportation authority, metropolitan municipal corporation, or public transportation benefit area providing passenger rail or other transit service may, by resolution or ordinance for the sole purpose of providing funds for the operation, maintenance, or capital needs of a multimodal plan, submit an authorizing proposition to the voters to carry out the multimodal plan and if approved by a majority of persons voting on the proposition, fix and impose a sales and use tax in accordance with the terms of this chapter. The multimodal plan may include a high-capacity rapid transit system, other transit-related improvements, and significant regional road, ferry, and other transportation projects. No such legislative body may 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 on the proposition.

The tax authorized by this section is in addition to the tax authorized by RCW 82.14.030 and shall be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the city, county transportation authority, metropolitan municipal corporation, or public transportation benefit area, as the case may be. The rate of the tax shall be up to 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 the tax shall not exceed the rate authorized by the voters unless the increase is similarly approved.

Sec. 50. VOTER APPROVED PROPERTY TAX. Section 18, chapter 1, Laws of 1988 ex. sess. and RCW 84.52.052 are each amended to read as follows:

The limitations imposed by RCW 84.52.050 through 84.52.056, and RCW 84.52.043 shall not prevent the levy of additional taxes by any taxing district except school districts in which a larger levy is necessary in order to prevent the impairment of the obligation of contracts. Any county, metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, intercounty rural library district, fire protection district, cemetery district, city, town, or cultural arts, stadium, ((~~and~~)) convention district, transportation benefit district, county transportation authority, metropolitan municipal corporation, and public transportation benefit area may levy and collect taxes at a rate in excess of the rate specified in RCW 84.52.050 through 84.52.056 and RCW 84.52.043, or RCW 84.55.010 through 84.55.050, when authorized so to do by the electors of such county, metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, intercounty rural library district, fire protection district, cemetery district, city, town, or cultural arts, stadium, ((~~and~~)) convention district, transportation benefit district, county transportation authority, metropolitan municipal corporation, and public transportation benefit area in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 64 and as thereafter amended, at a special or general election to be held in the year in which the levy is made.

A special election may be called and the time therefor fixed by the county legislative authority, or council, board of commissioners, or other governing body of any metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, intercounty rural library district, fire protection district, cemetery district, city, town, or cultural arts, stadium, ((~~and~~)) convention district, transportation benefit district, county transportation authority, metropolitan municipal corporation, and public transportation benefit area, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no."

Sec. 51. TRANSPORTATION IMPROVEMENT BOARD MEMBERSHIP. Section 1, chapter 167, Laws of 1988 and RCW 47.26.121 are each amended to read as follows:

(1) There is hereby created a transportation improvement board of ((~~fifteen~~)) seventeen members, six of whom shall be county members ((~~and~~)), six of whom shall be city members, and two of whom shall be representatives of the private sector knowledgeable in local transportation problems. The remaining members shall be: (a) The assistant secretary of the department of transportation whose primary responsibilities relate to planning and public transportation; (b) the assistant secretary for highways of the department of transportation; and (c) the state aid engineer of the department of transportation.

(2) Of the county members of the board, one member shall be a county engineer from a county of the first class or larger; one member shall be a county engineer from a county of the second class or smaller; one member shall be an engineer occupying the position of county road administration engineer, created by RCW 36.78.060; two members shall be county executives, council members, or commissioners from counties of the first class or larger; one member shall be a county executive, council member, or commissioner from a county of the second class or smaller. All county members of the board, except the county road administration engineer, shall be appointed. Not more than one county member of the board shall be from any one county. For the purposes of this subsection, the term county engineer shall mean the director of public works in any county in which such a position exists.

(3) Of the city members of the board two shall be chief city engineers, public works directors, or other city employees with responsibility for public works activities, of cities over twenty thousand population; one shall be a chief city engineer, public works director, or other city employee with responsibility for public works activities, of a city of less than twenty thousand population; two shall be mayors, commissioners, or city council members of cities of more than twenty thousand population; and one shall be a mayor, commissioner, or council member of a city of less than twenty thousand population. All of the city members shall be appointed. Not more than one city member of the board shall be from any one city.

(4) Appointments of county and city representatives shall be made by the secretary of the department of transportation, with initial appointments to be made by July 1, 1988. Appointees shall be chosen from a list of two persons for each position nominated by the Washington state association of counties for county members and the association of Washington cities for city members. Except as provided in subsection (5) of this section, terms of appointment are four years. In the case of a vacancy, the appointment shall be only for the remainder of the unexpired term in which the vacancy has occurred. A vacancy shall be deemed to have occurred on the board when any member elected to public office completes that term of office or is removed therefrom for any reason or when any member employed by a political subdivision terminates such employment for whatsoever reason.

(5) The initial appointment to the board for three county representatives and three city representatives shall be for terms of two years and the remainder of the appointments shall be for terms of four years. Terms of all appointed members shall expire on June 30th of even-numbered years.

(6) The two private sector representatives shall be appointed by the governor. Of the initial appointments, one shall be for a term of two years and the other shall be for four years. Thereafter, the terms shall be four years.

(7) The board shall elect a chair from among its members for a two-year term.

((~~(7)~~)) (8) Expenses of the board, including administration of the transportation improvement program, shall be paid from the urban arterial account.

NEW SECTION. Sec. 52. Sections 29 through 31 of this act are each added to chapter 47.76 RCW.

NEW SECTION. Sec. 53. Sections 39 and 43 of this act shall constitute a new chapter in Title 82 RCW.

NEW SECTION. Sec. 54. Sections 40 through 42 of this act shall constitute a new chapter in Title 47 RCW.

NEW SECTION. Sec. 55. Sections 44 through 48 of this act shall constitute a new chapter in Title 81 RCW.

NEW SECTION. Sec. 56. Part and section headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 57. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 58. 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, except for those sections where the effective date is expressly stated otherwise, shall take effect July 1, 1989.