2067-S.E AAS 4/13/93 S3141.1
ESHB 2067 - S AMD - 000765
By Senators Drew, Nelson and Vognild
ADOPTED 4/13/93
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that reducing the number of commute trips to work is an effective way of reducing automobile-related air pollution, traffic congestion, and energy use. The legislature intends that state agencies shall assume a leadership role in implementing programs to reduce vehicle miles traveled and single-occupant vehicle commuting, under RCW 70.94.521 through 70.94.551.
The legislature has established and directed an interagency task force to consider mechanisms for funding state agency commute trip reduction programs; and to consider and recommend policies for employee incentives for commuting by other than single-occupant vehicles, and policies for the use of state-owned vehicles.
It is the purpose of this act to provide state agencies with the authority to provide employee incentives, including subsidies for use of high occupancy vehicles to meet commute trip reduction goals, and to remove existing statutory barriers for state agencies to use public funds, including parking revenue, to operate, maintain, lease, or construct parking facilities at state-owned and leased facilities, to reduce parking subsidies, and to support commute trip reduction programs.
It is also the purpose of this act to revise other portions of state law that will assist state agencies in meeting their commute trip reduction requirements. A revision to the requirement for motor vehicle tax exemptions for owners of ride-sharing vehicles is one cost-effective and practical incentive that encourages state employees to commute by carpool and vanpool.
NEW SECTION. Sec. 2. A new section is added to chapter 43.01 RCW to read as follows:
The definitions in this section apply throughout this chapter.
(1) "Guaranteed ride home" means an assured ride home for commuters participating in a commute trip reduction program who are not able to use their normal commute mode because of personal emergencies.
(2) "Pledged" means parking revenue designated through any means, including moneys received from the natural resource building, which is used for the debt service payment of bonds issued for parking facilities.
Sec. 3. RCW 43.41.140 and 1979 c 151 s 119 are each amended to read as follows:
Pursuant to policies
and regulations promulgated by the office of financial management ((after
consultation with and approval by the automotive policy board)), an elected
state officer or ((his)) delegate or a state agency director or ((his))
delegate may permit an employee ((commuting)) to commute
in a state-owned or leased vehicle ((only)) if such travel is on
official business, as determined in accordance with RCW 43.41.130, and is
determined to be economical and advantageous to the state, or as part of a
commute trip reduction program as required by RCW 70.94.551.
Sec. 4. RCW 46.08.172 and 1991 sp.s. c 31 s 12 and 1991 sp.s. c 13 s 41 are each reenacted and amended to read as follows:
((There is hereby
established an account in the state treasury to be known as the "state
capitol vehicle parking account".)) The director of the department of
general administration shall establish equitable and consistent parking rental
fees for state-owned or leased property, to be charged to employees, visitors,
clients, service providers, and others, that reflect the legislature's intent
to reduce state subsidization of parking. The department shall solicit
representatives from affected state agencies, employees, and state employee
bargaining units to meet as regional committees. These regional committees
will advise the director on parking rental fees, taking into account the market
rate of comparable, privately owned rental parking in each region. In the
event that such fees become part of a collective bargaining agreement and there
is a conflict between the agency and the collective bargaining unit, the terms
of the collective bargaining agreement shall prevail. All fees shall take
into account the market rate of comparable privately owned rental parking, as
determined by the director. ((All unpledged parking rental income collected
by the department of general administration from rental of parking space on the
capitol grounds and the east capitol site shall be deposited in the "state
capitol vehicle parking account".)) However, parking rental fees
are not to exceed the local market rate of comparable privately owned rental
parking.
The director may delegate the responsibility for the collection of parking fees to other agencies of state government when cost-effective.
((The "state
capitol vehicle parking account" shall be used to pay costs incurred in
the operation, maintenance, regulation and enforcement of vehicle parking and
parking facilities.))
NEW SECTION. Sec. 5. A new section is added to chapter 43.01 RCW to read as follows:
There is hereby established an account in the state treasury to be known as the "state capitol vehicle parking account." All parking rental income collected from rental of parking space at state-owned or leased property shall be deposited in the "state capitol vehicle parking account." Revenue deposited in the "state capitol vehicle parking account" shall be first applied to pledged purposes. Unpledged parking revenues deposited in the "state capitol vehicle parking account" may be used to:
(1) Pay costs incurred in the operation, maintenance, regulation, and enforcement of vehicle parking and parking facilities on state-owned or leased properties;
(2) Support the lease costs and/or capital investment costs of vehicle parking and parking facilities at agency-owned and leased facilities off the capitol campus; and
(3) Support commute trip reduction programs under RCW 70.94.521 through 70.94.551.
Distribution of funds from the "state capitol vehicle parking account" are subject to appropriation by the legislature and will be made by the office of financial management after considering recommendations from the director of general administration and the interagency task force for commute trip reduction, under RCW 70.94.551.
NEW SECTION. Sec. 6. A new section is added to chapter 43.01 RCW to read as follows:
State agencies may, subject to appropriation and under the internal revenue code rules, use public funds to financially assist agency-approved incentives for alternative commute modes, including but not limited to carpools, vanpools, purchase of transit and ferry passes, and guaranteed ride home programs, if the financial assistance is an element of the agency's commute trip reduction program as required under RCW 70.94.521 through 70.94.551. This section does not permit any payment for the use of state-owned vehicles for commuter ride sharing.
NEW SECTION. Sec. 7. A new section is added to chapter 43.01 RCW to read as follows:
All state higher education institutions are exempt from section 5 of this act.
Sec. 8. RCW 82.44.015 and 1982 c 142 s 1 are each amended to read as follows:
For the purposes of
this chapter, in addition to the exclusions under RCW 82.44.010, "motor
vehicle" shall not include: (1) ((Vans)) Passenger motor
vehicles used ((regularly)) primarily as ride-sharing
vehicles, as defined in RCW 46.74.010(3), by not fewer than ((seven)) four
persons, including passengers and driver((, or not fewer than five persons
including the driver, when at least three of those persons are confined to
wheelchairs when riding)); or (2) vehicles with a seating capacity greater
than fifteen persons which otherwise qualify as ride-sharing vehicles under RCW
46.74.010(3) used exclusively for ride sharing for the elderly or the
handicapped by not fewer than seven persons, including driver. The
registered owner of one of these vehicles shall notify the department of
licensing upon termination of ((regular)) primary use of the
vehicle as a ride-sharing vehicle and shall be liable for the tax imposed by
this chapter, prorated on the remaining months for which the vehicle is
licensed.
Sec. 9. RCW 46.16.023 and 1987 c 175 s 2 are each amended to read as follows:
(1) Every owner or lessee of a vehicle seeking to apply for an excise tax exemption under RCW 82.08.0287, 82.12.0282, or 82.44.015 shall apply to the director for, and upon satisfactory showing of eligibility, receive in lieu of the regular motor vehicle license plates for that vehicle, special plates of a distinguishing separate numerical series or design, as the director shall prescribe. In addition to paying all other initial fees required by law, each applicant for the special license plates shall pay an additional license fee of twenty-five dollars upon the issuance of such plates. The special fee shall be deposited in the motor vehicle fund. Application for renewal of the license plates shall be as prescribed for the renewal of other vehicle licenses. No renewal is required for vehicles exempted under RCW 46.16.020.
(2) Whenever the ownership of a vehicle receiving special plates under subsection (1) of this section is transferred or assigned, the plates shall be removed from the motor vehicle, and if another vehicle qualifying for special plates is acquired, the plates shall be transferred to that vehicle for a fee of five dollars, and the director shall be immediately notified of the transfer of the plates. Otherwise the removed plates shall be immediately forwarded to the director to be canceled. Whenever the owner or lessee of a vehicle receiving special plates under subsection (1) of this section is for any reason relieved of the tax-exempt status, the special plates shall immediately be forwarded to the director along with an application for replacement plates and the required fee. Upon receipt the director shall issue the license plates that are otherwise provided by law.
(3) Any person who shall knowingly make any false statement of a material fact in the application for a special plate under subsection (1) of this section shall be guilty of a gross misdemeanor."
ESHB 2067 - S AMD
By Senators Drew, Nelson and Vognild
ADOPTED 4/13/93
On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 43.41.140, 82.44.015, and 46.16.023; reenacting and amending RCW 46.08.172; adding new sections to chapter 43.01 RCW; creating a new section; and prescribing penalties."
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