1591-S AMH SIMP LEAT 030

SHB 1591 - H AMD 314

By Representative Simpson

NOT CONSIDERED 4/26/2009

On page 2, after line 2, insert the following:

"Sec. 2. RCW 36.73.065 and 2007 c 329 s 1 are each amended to read as follows:

(1) Except as provided in subsection (4) of this section, taxes, fees, charges, and tolls may not be imposed by a district without approval of a majority of the voters in the district voting on a proposition at a general or special election. The proposition must include a specific description of the transportation improvement or improvements proposed by the district and the proposed taxes, fees, charges, and the range of tolls imposed by the district to raise revenue to fund the improvement or improvements.

(2) Voter approval under this section shall be accorded substantial weight regarding the validity of a transportation improvement as defined in RCW 36.73.015.

(3) A district may not increase any taxes, fees, charges, or range of tolls imposed under this chapter once the taxes, fees, charges, or tolls take effect, unless authorized by the district voters pursuant to RCW 36.73.160.

(4)(a) A district that includes all the territory within the boundaries of the jurisdiction, or jurisdictions, establishing the district may impose by a majority vote of the governing board of the district the following fees and charges:

(i) Up to twenty dollars of the vehicle fee authorized in RCW 82.80.140. However, in the case of overlapping districts, the combined rates of the districts may not exceed forty dollars, unless voter approval is obtained under subsection (1) of this section, of which at least fifty percent of the combined fee in excess of twenty dollars must be provided solely for transit services or facilities. Combined rates are subject to the following distribution requirements:

(A) A district comprised, in part or entirely, of a metropolitan municipal corporation, as provided under chapter 35.58 RCW, or a county transportation authority, as provided under chapter 36.67 RCW, must administer the fees according to RCW 82.80.140(2)(a); and

(B) A district comprised, in part or entirely, of a public transportation benefit area, as provided under chapter 36.57A RCW, must administer the fees according to any relevant provisions in the governing interlocal agreement under RCW 36.73.020(3); or

(ii) A fee or charge in accordance with RCW 36.73.120.

(b) The vehicle fee authorized in (a) of this subsection may only be imposed for a passenger-only ferry transportation improvement if the vehicle fee is first approved by a majority of the voters within the jurisdiction of the district.

(c)(i) A district solely comprised of a city or cities shall not impose the fees or charges identified in (a) of this subsection within one hundred eighty days after July 22, 2007, unless the county in which the city or cities reside, by resolution, declares that it will not impose the fees or charges identified in (a) of this subsection within the one hundred eighty-day period; or

(ii) A district solely comprised of a city or cities identified in RCW 36.73.020(6)(b) shall not impose the fees or charges until after May 22, 2008, unless the county in which the city or cities reside, by resolution, declares that it will not impose the fees or charges identified in (a) of this subsection through May 22, 2008.

(5) If the interlocal agreement in RCW 82.80.140(2)(a) cannot be reached, a district that includes only the unincorporated territory of a county may impose by a majority vote of the governing body of the district up to twenty dollars of the vehicle fee authorized in RCW 82.80.140."

Renumber the remaining sections consecutively and correct any internal references accordingly. Correct the title.

On page 3, after line 10, insert the following:

"Sec. 4. RCW 82.80.140 and 2007 c 329 s 2 are each amended to read as follows:

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

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

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

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

(ii) Except as provided in RCW 36.73.065(4)(a)(i), that, if combined with the fees previously imposed by another district within its boundaries under RCW 36.73.065(4)(a)(i), exceeds twenty dollars.

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

(3) The department of licensing shall administer and collect the fee. The department shall deduct a percentage amount, as provided by contract, not to exceed one percent of the fees collected, for administration and collection expenses incurred by it. The department shall remit remaining proceeds to the custody of the state treasurer. The state treasurer shall distribute the proceeds to the district on a monthly basis.

(4) No fee under this section may be collected until six months after approval under RCW 36.73.065.

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

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

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

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

(d) Snowmobiles as defined in RCW 46.10.010."

Correct the title.

EFFECT:

· Increases the total vehicle license fee that may be imposed with voter approval from one hundred to one hundred twenty dollars.

· Permits multiple transportation benefit districts that share overlapping (common) areas to each impose, without voter approval, up to twenty dollars in vehicle license fees in the common areas, but limits total combined fees in common areas to no more than forty dollars.

· Requires that at least fifty percent of any non-voter approved vehicle license fee in excess of twenty dollars be dedicated to transit services or facilities.

· Establishes that, for transportation benefit districts that include a metropolitan municipal corporation or a county transportation authority, the non-voter approved vehicle license fees must be distributed according to an existing statute which requires agreement by a majority of the cities located within the county.

· Establishes that, for transportation benefit districts that include a public transportation benefit area, the non-voter approved vehicle license fees must be distributed according to any existing interlocal agreement.

--- END ---