BILL REQ. #: H-2457.4
State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 04/26/13.
AN ACT Relating to transportation revenue; amending RCW 82.36.025, 82.38.030, 46.68.090, 46.10.530, 79A.25.070, 46.17.100, 46.17.200, 46.20.293, 46.29.050, 46.68.041, 46.70.061, 46.68.020, 46.68.280, 46.68.390, 46.17.355, 81.77.160, 47.60.322, 46.17.323, 46.17.050, 46.17.060, 46.20.202, 36.73.015, 36.73.020, 36.73.065, 82.14.045, 82.80.140, and 82.80.005; reenacting and amending RCW 43.84.092, 43.84.092, 46.09.520, and 46.52.130; adding new sections to chapter 46.68 RCW; adding a new section to chapter 46.17 RCW; adding a new section to chapter 82.80 RCW; adding new sections to chapter 82.14 RCW; adding new sections to chapter 36.57A RCW; adding a new section to chapter 47.46 RCW; creating new sections; repealing 2012 c 74 s 18 (uncodified); providing effective dates; providing an expiration date; providing contingent effective dates; and providing contingent expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 101 RCW 82.36.025 and 2007 c 515 s 3 are each amended to
read as follows:
(1) A motor vehicle fuel tax rate of twenty-three cents per gallon
on motor vehicle fuel shall be imposed on motor vehicle fuel licensees,
other than motor vehicle fuel distributors.
(2) Beginning July 1, 2003, an additional and cumulative motor
vehicle fuel tax rate of five cents per gallon on motor vehicle fuel
shall be imposed on motor vehicle fuel licensees, other than motor
vehicle fuel distributors. This subsection (2) expires when the bonds
issued for transportation 2003 projects are retired.
(3) Beginning July 1, 2005, an additional and cumulative motor
vehicle fuel tax rate of three cents per gallon on motor vehicle fuel
shall be imposed on motor vehicle fuel licensees, other than motor
vehicle fuel distributors.
(4) Beginning July 1, 2006, an additional and cumulative motor
vehicle fuel tax rate of three cents per gallon on motor vehicle fuel
shall be imposed on motor vehicle fuel licensees, other than motor
vehicle fuel distributors.
(5) Beginning July 1, 2007, an additional and cumulative motor
vehicle fuel tax rate of two cents per gallon on motor vehicle fuel
shall be imposed on motor vehicle fuel licensees, other than motor
vehicle fuel distributors.
(6) Beginning July 1, 2008, an additional and cumulative motor
vehicle fuel tax rate of one and one-half cents per gallon on motor
vehicle fuel shall be imposed on motor vehicle fuel licensees, other
than motor vehicle fuel distributors.
(7) Beginning August 1, 2013, an additional and cumulative motor
vehicle fuel tax rate of five cents per gallon on motor vehicle fuel
shall be imposed on motor vehicle fuel licensees, other than motor
vehicle fuel distributors.
(8) Beginning July 1, 2014, an additional and cumulative motor
vehicle fuel tax rate of three cents per gallon on motor vehicle fuel
shall be imposed on motor vehicle fuel licensees, other than motor
vehicle fuel distributors.
(9) Beginning July 1, 2015, an additional and cumulative motor
vehicle fuel tax rate of two cents per gallon on motor vehicle fuel
shall be imposed on motor vehicle fuel licensees, other than motor
vehicle fuel distributors.
(10) Beginning July 1, 2015, unless the secretary of transportation
provides the certification of sufficient funding described in section
509 of this act, an additional and cumulative motor vehicle fuel tax
rate of up to three cents per gallon on motor vehicle fuel shall be
imposed on motor vehicle fuel licensees, other than motor vehicle fuel
distributors.
Sec. 102 RCW 82.38.030 and 2007 c 515 s 21 are each amended to
read as follows:
(1) There is hereby levied and imposed upon special fuel licensees,
other than special fuel distributors, a tax at the rate of twenty-three
cents per gallon of special fuel, or each one hundred cubic feet of
compressed natural gas, measured at standard pressure and temperature.
(2) Beginning July 1, 2003, an additional and cumulative tax rate
of five cents per gallon of special fuel, or each one hundred cubic
feet of compressed natural gas, measured at standard pressure and
temperature shall be imposed on special fuel licensees, other than
special fuel distributors. This subsection (2) expires when the bonds
issued for transportation 2003 projects are retired.
(3) Beginning July 1, 2005, an additional and cumulative tax rate
of three cents per gallon of special fuel, or each one hundred cubic
feet of compressed natural gas, measured at standard pressure and
temperature shall be imposed on special fuel licensees, other than
special fuel distributors.
(4) Beginning July 1, 2006, an additional and cumulative tax rate
of three cents per gallon of special fuel, or each one hundred cubic
feet of compressed natural gas, measured at standard pressure and
temperature shall be imposed on special fuel licensees, other than
special fuel distributors.
(5) Beginning July 1, 2007, an additional and cumulative tax rate
of two cents per gallon of special fuel, or each one hundred cubic feet
of compressed natural gas, measured at standard pressure and
temperature shall be imposed on special fuel licensees, other than
special fuel distributors.
(6) Beginning July 1, 2008, an additional and cumulative tax rate
of one and one-half cents per gallon of special fuel, or each one
hundred cubic feet of compressed natural gas, measured at standard
pressure and temperature shall be imposed on special fuel licensees,
other than special fuel distributors.
(7) Beginning August 1, 2013, an additional and cumulative tax rate
of five cents per gallon of special fuel, or each one hundred cubic
feet of compressed natural gas, measured at standard pressure and
temperature shall be imposed on special fuel licensees, other than
special fuel distributors.
(8) Beginning July 1, 2014, an additional and cumulative tax rate
of three cents per gallon of special fuel, or each one hundred cubic
feet of compressed natural gas, measured at standard pressure and
temperature shall be imposed on special fuel licensees, other than
special fuel distributors.
(9) Beginning July 1, 2015, an additional and cumulative tax rate
of two cents per gallon of special fuel, or each one hundred cubic feet
of compressed natural gas, measured at standard pressure and
temperature shall be imposed on special fuel licensees, other than
special fuel distributors.
(10) Beginning July 1, 2015, unless the secretary of transportation
provides the certification of sufficient funding described in section
509 of this act, an additional and cumulative tax rate of up to three
cents per gallon of special fuel, or each one hundred cubic feet of
compressed natural gas, measured at standard pressure and temperature
shall be imposed on special fuel licensees, other than special fuel
distributors.
(11) Taxes are imposed when:
(a) Special fuel is removed in this state from a terminal if the
special fuel is removed at the rack unless the removal is to a licensed
exporter for direct delivery to a destination outside of the state, or
the removal is by a special fuel supplier for direct delivery to an
international fuel tax agreement licensee under RCW 82.38.320;
(b) Special fuel is removed in this state from a refinery if either
of the following applies:
(i) The removal is by bulk transfer and the refiner or the owner of
the special fuel immediately before the removal is not a licensee; or
(ii) The removal is at the refinery rack unless the removal is to
a licensed exporter for direct delivery to a destination outside of the
state, or the removal is to a special fuel supplier for direct delivery
to an international fuel tax agreement licensee under RCW 82.38.320;
(c) Special fuel enters into this state for sale, consumption, use,
or storage, unless the fuel enters this state for direct delivery to an
international fuel tax agreement licensee under RCW 82.38.320, if
either of the following applies:
(i) The entry is by bulk transfer and the importer is not a
licensee; or
(ii) The entry is not by bulk transfer;
(d) Special fuel is sold or removed in this state to an unlicensed
entity unless there was a prior taxable removal, entry, or sale of the
special fuel;
(e) Blended special fuel is removed or sold in this state by the
blender of the fuel. The number of gallons of blended special fuel
subject to tax is the difference between the total number of gallons of
blended special fuel removed or sold and the number of gallons of
previously taxed special fuel used to produce the blended special fuel;
(f) Dyed special fuel is used on a highway, as authorized by the
internal revenue code, unless the use is exempt from the special fuel
tax;
(g) Dyed special fuel is held for sale, sold, used, or is intended
to be used in violation of this chapter;
(h) Special fuel purchased by an international fuel tax agreement
licensee under RCW 82.38.320 is used on a highway; and
(i) Special fuel is sold by a licensed special fuel supplier to a
special fuel distributor, special fuel importer, or special fuel
blender and the special fuel is not removed from the bulk transfer-terminal system.
Sec. 103 RCW 46.68.090 and 2011 c 120 s 4 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 purposes enumerated in (a) and (b) of this
subsection. The remaining net tax amount shall be distributed monthly
by the state treasurer in accordance with subsections (2) through
(((7))) (9) of this section.
(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;
(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.
(2) All of the remaining net tax amount collected under RCW
82.36.025(1) and 82.38.030(1) shall be distributed as set forth in (a)
through (j) of this subsection.
(a) For distribution to the motor vehicle fund an amount equal to
44.387 percent to be expended for highway purposes of the state as
defined in RCW 46.68.130;
(b) For distribution to the special category C account, hereby
created in the motor vehicle fund, an amount equal to 3.2609 percent to
be expended for special category C projects. Special category C
projects are category C projects that, due to high cost only, will
require bond financing to complete construction.
The following criteria, listed in order of priority, shall be used
in determining which special category C projects have the highest
priority:
(i) Accident experience;
(ii) Fatal accident experience;
(iii) Capacity to move people and goods safely and at reasonable
speeds without undue congestion; and
(iv) Continuity of development of the highway transportation
network.
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 are used to finance special category C projects under
this subsection (2)(b);
(c) For distribution to the Puget Sound ferry operations account in
the motor vehicle fund an amount equal to 2.3283 percent;
(d) For distribution to the Puget Sound capital construction
account in the motor vehicle fund an amount equal to 2.3726 percent;
(e) For distribution to the transportation improvement account in
the motor vehicle fund an amount equal to 7.5597 percent;
(f) For distribution to the transportation improvement account in
the motor vehicle fund an amount equal to 5.6739 percent and expended
in accordance with RCW 47.26.086;
(g) For distribution to the cities and towns from the motor vehicle
fund an amount equal to 10.6961 percent in accordance with RCW
46.68.110;
(h) For distribution to the counties from the motor vehicle fund an
amount equal to 19.2287 percent: (i) Out of which there shall be
distributed from time to time, as directed by the department of
transportation, those sums as may be necessary to carry out the
provisions of RCW 47.56.725; and (ii) less any amounts appropriated to
the county road administration board to implement the provisions of RCW
47.56.725(4), with the balance of such county share to be distributed
monthly as the same accrues for distribution in accordance with RCW
46.68.120;
(i) For distribution to the county arterial preservation account,
hereby created in the motor vehicle fund an amount equal to 1.9565
percent. These funds shall be distributed by the county road
administration board to counties in proportions corresponding to the
number of paved 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. The county road
administration board shall adopt reasonable rules and develop policies
to implement this program and to assure that a pavement management
system is used;
(j) For distribution to the rural arterial trust account in the
motor vehicle fund an amount equal to 2.5363 percent and expended in
accordance with RCW 36.79.020.
(3) The remaining net tax amount collected under RCW 82.36.025(2)
and 82.38.030(2) shall be distributed to the transportation 2003
account (nickel account).
(4) The remaining net tax amount collected under RCW 82.36.025(3)
and 82.38.030(3) shall be distributed as follows:
(a) 8.3333 percent shall be distributed to the incorporated cities
and towns of the state in accordance with RCW 46.68.110;
(b) 8.3333 percent shall be distributed to counties of the state in
accordance with RCW 46.68.120; and
(c) The remainder shall be distributed to the transportation
partnership account created in RCW 46.68.290.
(5) The remaining net tax amount collected under RCW 82.36.025(4)
and 82.38.030(4) shall be distributed as follows:
(a) 8.3333 percent shall be distributed to the incorporated cities
and towns of the state in accordance with RCW 46.68.110;
(b) 8.3333 percent shall be distributed to counties of the state in
accordance with RCW 46.68.120; and
(c) The remainder shall be distributed to the transportation
partnership account created in RCW 46.68.290.
(6) The remaining net tax amount collected under RCW 82.36.025 (5)
and (6) and 82.38.030 (5) and (6) shall be distributed to the
transportation partnership account created in RCW 46.68.290.
(7) The remaining net tax amount collected under RCW 82.36.025 (7),
(8), (9), and (10) and 82.38.030 (7), (8), (9), and (10) shall be
distributed as follows:
(a) 5 percent shall be distributed to counties under RCW 46.68.122;
(b) 5 percent shall be distributed to cities under RCW 46.68.110;
(c) 5 percent shall be distributed to the Puget Sound ferry
operations account created in RCW 47.60.530;
(d) 7.5 percent shall be distributed to the Puget Sound capital
construction account created in RCW 47.60.505; and
(e) The remainder shall be distributed to the connecting
Washington account created in section 104 of this act.
(8) The proceeds of RCW 82.36.025(10) and 82.38.030(10) shall be
deposited in the connecting Washington account and are provided solely
for the debt service for bonds to be used to complete construction on
state route number 520 between Interstate 5 and the state route number
520 floating bridge.
(9) Nothing in this section or in RCW 46.68.130 may be construed so
as to violate any terms or conditions contained in any highway
construction bond issues now or hereafter authorized by statute and
whose payment is by such statute pledged to be paid from any excise
taxes on motor vehicle fuel and special fuels.
NEW SECTION. Sec. 104 A new section is added to chapter 46.68
RCW to read as follows:
The connecting Washington account is created in the motor vehicle
fund. All receipts from RCW 46.68.090 (7)(e) and (8) and section 305
(1) and (2)(c) of this act must be deposited into the account. Moneys
in the account may be spent only after appropriation. Expenditures
from the account must be used only for projects or improvements
identified as connecting Washington projects or improvements in the
omnibus transportation appropriations act, including any principal and
interest on bonds authorized for the projects or improvements, and for
the maintenance, operations, and preservation of the state highway
system, which is defined for purposes of this section as activities
undertaken to (1) provide, maintain, and operate serviceable roadways
through planned strategies of cost-effective treatments to existing
roadways and appurtenances that preserve the highway system, (2) retard
future deterioration, (3) preserve or improve safety, and (4) maintain
the functional condition of the existing highway system.
Sec. 105 RCW 43.84.092 and 2012 c 198 s 2, 2012 c 196 s 7, 2012
c 187 s 14, and 2012 c 83 s 4 are each reenacted and amended to read as
follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The aeronautics account, the
aircraft search and rescue account, the Alaskan Way viaduct replacement
project account, the budget stabilization account, the capital vessel
replacement account, the capitol building construction account, the
Cedar River channel construction and operation account, the Central
Washington University capital projects account, the charitable,
educational, penal and reformatory institutions account, the cleanup
settlement account, the Columbia river basin water supply development
account, the Columbia river basin taxable bond water supply development
account, the Columbia river basin water supply revenue recovery
account, the common school construction fund, the connecting Washington
account, the county arterial preservation account, the county criminal
justice assistance account, the deferred compensation administrative
account, the deferred compensation principal account, the department of
licensing services account, the department of retirement systems
expense account, the developmental disabilities community trust
account, the drinking water assistance account, the drinking water
assistance administrative account, the drinking water assistance
repayment account, the Eastern Washington University capital projects
account, the Interstate 405 express toll lanes operations account, the
education construction fund, the education legacy trust account, the
election account, the energy freedom account, the energy recovery act
account, the essential rail assistance account, The Evergreen State
College capital projects account, the federal forest revolving account,
the ferry bond retirement fund, the freight congestion relief account,
the freight mobility investment account, the freight mobility
multimodal account, the grade crossing protective fund, the public
health services account, the high capacity transportation account, the
state higher education construction account, the higher education
construction account, the highway bond retirement fund, the highway
infrastructure account, the highway safety ((account [fund])) fund, the
high occupancy toll lanes operations account, the hospital safety net
assessment fund, the industrial insurance premium refund account, the
judges' retirement account, the judicial retirement administrative
account, the judicial retirement principal account, the local leasehold
excise tax account, the local real estate excise tax account, the local
sales and use tax account, the marine resources stewardship trust
account, the medical aid account, the mobile home park relocation fund,
the motor vehicle fund, the motorcycle safety education account, the
multimodal transportation account, the municipal criminal justice
assistance account, the natural resources deposit account, the oyster
reserve land account, the pension funding stabilization account, the
perpetual surveillance and maintenance account, the public employees'
retirement system plan 1 account, the public employees' retirement
system combined plan 2 and plan 3 account, the public facilities
construction loan revolving account beginning July 1, 2004, the public
health supplemental account, the public transportation systems account,
the public works assistance account, the Puget Sound capital
construction account, the Puget Sound ferry operations account, the
Puyallup tribal settlement account, the real estate appraiser
commission account, the recreational vehicle account, the regional
mobility grant program account, the resource management cost account,
the rural arterial trust account, the rural mobility grant program
account, the rural Washington loan fund, the site closure account, the
skilled nursing facility safety net trust fund, the small city pavement
and sidewalk account, the special category C account, the special
wildlife account, the state employees' insurance account, the state
employees' insurance reserve account, the state investment board
expense account, the state investment board commingled trust fund
accounts, the state patrol highway account, the state route number 520
civil penalties account, the state route number 520 corridor account,
the state wildlife account, the supplemental pension account, the
Tacoma Narrows toll bridge account, the teachers' retirement system
plan 1 account, the teachers' retirement system combined plan 2 and
plan 3 account, the tobacco prevention and control account, the tobacco
settlement account, the toll facility bond retirement account, the
transportation 2003 account (nickel account), the transportation
equipment fund, the transportation fund, the transportation improvement
account, the transportation improvement board bond retirement account,
the transportation infrastructure account, the transportation
partnership account, the traumatic brain injury account, the tuition
recovery trust fund, the University of Washington bond retirement fund,
the University of Washington building account, the volunteer
firefighters' and reserve officers' relief and pension principal fund,
the volunteer firefighters' and reserve officers' administrative fund,
the Washington judicial retirement system account, the Washington law
enforcement officers' and firefighters' system plan 1 retirement
account, the Washington law enforcement officers' and firefighters'
system plan 2 retirement account, the Washington public safety
employees' plan 2 retirement account, the Washington school employees'
retirement system combined plan 2 and 3 account, the Washington state
economic development commission account, the Washington state health
insurance pool account, the Washington state patrol retirement account,
the Washington State University building account, the Washington State
University bond retirement fund, the water pollution control revolving
fund, and the Western Washington University capital projects account.
Earnings derived from investing balances of the agricultural permanent
fund, the normal school permanent fund, the permanent common school
fund, the scientific permanent fund, the state university permanent
fund, and the state reclamation revolving account shall be allocated to
their respective beneficiary accounts.
(b) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the state treasury that
deposits funds into a fund or account in the state treasury pursuant to
an agreement with the office of the state treasurer shall receive its
proportionate share of earnings based upon each account's or fund's
average daily balance for the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 106 RCW 43.84.092 and 2012 c 198 s 2, 2012 c 196 s 7, 2012
c 187 s 14, 2012 c 83 s 4, and 2012 c 36 s 5 are each reenacted and
amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The aeronautics account, the
aircraft search and rescue account, the Alaskan Way viaduct replacement
project account, the budget stabilization account, the capital vessel
replacement account, the capitol building construction account, the
Cedar River channel construction and operation account, the Central
Washington University capital projects account, the charitable,
educational, penal and reformatory institutions account, the cleanup
settlement account, the Columbia river basin water supply development
account, the Columbia river basin taxable bond water supply development
account, the Columbia river basin water supply revenue recovery
account, the Columbia river crossing project account, the common school
construction fund, the connecting Washington account, the county
arterial preservation account, the county criminal justice assistance
account, the deferred compensation administrative account, the deferred
compensation principal account, the department of licensing services
account, the department of retirement systems expense account, the
developmental disabilities community trust account, the drinking water
assistance account, the drinking water assistance administrative
account, the drinking water assistance repayment account, the Eastern
Washington University capital projects account, the Interstate 405
express toll lanes operations account, the education construction fund,
the education legacy trust account, the election account, the energy
freedom account, the energy recovery act account, the essential rail
assistance account, The Evergreen State College capital projects
account, the federal forest revolving account, the ferry bond
retirement fund, the freight congestion relief account, the freight
mobility investment account, the freight mobility multimodal account,
the grade crossing protective fund, the public health services account,
the high capacity transportation account, the state higher education
construction account, the higher education construction account, the
highway bond retirement fund, the highway infrastructure account, the
highway safety ((account [fund])) fund, the high occupancy toll lanes
operations account, the hospital safety net assessment fund, the
industrial insurance premium refund account, the judges' retirement
account, the judicial retirement administrative account, the judicial
retirement principal account, the local leasehold excise tax account,
the local real estate excise tax account, the local sales and use tax
account, the marine resources stewardship trust account, the medical
aid account, the mobile home park relocation fund, the motor vehicle
fund, the motorcycle safety education account, the multimodal
transportation account, the municipal criminal justice assistance
account, the natural resources deposit account, the oyster reserve land
account, the pension funding stabilization account, the perpetual
surveillance and maintenance account, the public employees' retirement
system plan 1 account, the public employees' retirement system combined
plan 2 and plan 3 account, the public facilities construction loan
revolving account beginning July 1, 2004, the public health
supplemental account, the public transportation systems account, the
public works assistance account, the Puget Sound capital construction
account, the Puget Sound ferry operations account, the Puyallup tribal
settlement account, the real estate appraiser commission account, the
recreational vehicle account, the regional mobility grant program
account, the resource management cost account, the rural arterial trust
account, the rural mobility grant program account, the rural Washington
loan fund, the site closure account, the skilled nursing facility
safety net trust fund, the small city pavement and sidewalk account,
the special category C account, the special wildlife account, the state
employees' insurance account, the state employees' insurance reserve
account, the state investment board expense account, the state
investment board commingled trust fund accounts, the state patrol
highway account, the state route number 520 civil penalties account,
the state route number 520 corridor account, the state wildlife
account, the supplemental pension account, the Tacoma Narrows toll
bridge account, the teachers' retirement system plan 1 account, the
teachers' retirement system combined plan 2 and plan 3 account, the
tobacco prevention and control account, the tobacco settlement account,
the toll facility bond retirement account, the transportation 2003
account (nickel account), the transportation equipment fund, the
transportation fund, the transportation improvement account, the
transportation improvement board bond retirement account, the
transportation infrastructure account, the transportation partnership
account, the traumatic brain injury account, the tuition recovery trust
fund, the University of Washington bond retirement fund, the University
of Washington building account, the volunteer firefighters' and reserve
officers' relief and pension principal fund, the volunteer
firefighters' and reserve officers' administrative fund, the Washington
judicial retirement system account, the Washington law enforcement
officers' and firefighters' system plan 1 retirement account, the
Washington law enforcement officers' and firefighters' system plan 2
retirement account, the Washington public safety employees' plan 2
retirement account, the Washington school employees' retirement system
combined plan 2 and 3 account, the Washington state economic
development commission account, the Washington state health insurance
pool account, the Washington state patrol retirement account, the
Washington State University building account, the Washington State
University bond retirement fund, the water pollution control revolving
fund, and the Western Washington University capital projects account.
Earnings derived from investing balances of the agricultural permanent
fund, the normal school permanent fund, the permanent common school
fund, the scientific permanent fund, the state university permanent
fund, and the state reclamation revolving account shall be allocated to
their respective beneficiary accounts.
(b) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the state treasury that
deposits funds into a fund or account in the state treasury pursuant to
an agreement with the office of the state treasurer shall receive its
proportionate share of earnings based upon each account's or fund's
average daily balance for the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 107 RCW 46.09.520 and 2010 1st sp.s. c 37 s 936 and 2010 c
161 s 222 are each reenacted and amended to read as follows:
(1) From time to time, but at least once each year, the state
treasurer shall refund from the motor vehicle fund one percent of the
motor vehicle fuel tax revenues collected under chapter 82.36 RCW,
based on a tax rate of: (a) Nineteen cents per gallon of motor vehicle
fuel from July 1, 2003, through June 30, 2005; (b) twenty cents per
gallon of motor vehicle fuel from July 1, 2005, through June 30, 2007;
(c) twenty-one cents per gallon of motor vehicle fuel from July 1,
2007, through June 30, 2009; (d) twenty-two cents per gallon of motor
vehicle fuel from July 1, 2009, through June 30, 2011; ((and)) (e)
twenty-three cents per gallon of motor vehicle fuel beginning July 1,
2011; (f) twenty-eight cents per gallon of motor vehicle fuel beginning
August 1, 2013; (g) thirty cents per gallon of motor vehicle fuel
beginning July 1, 2014; (h) thirty-two cents per gallon of motor
vehicle fuel beginning July 1, 2015; (i) thirty-three cents per gallon
of motor vehicle fuel beginning July 1, 2016; and (j) forty-seven and
one-half cents per gallon of motor vehicle fuel beginning July 1, 2029,
and thereafter, less proper deductions for refunds and costs of
collection as provided in RCW 46.68.090.
(2) The treasurer shall place these funds in the general fund as
follows:
(a) Thirty-six percent shall be credited to the ORV and nonhighway
vehicle account and administered by the department of natural resources
solely for acquisition, planning, development, maintenance, and
management of ORV, nonmotorized, and nonhighway road recreation
facilities, and information programs and maintenance of nonhighway
roads;
(b) Three and one-half percent shall be credited to the ORV and
nonhighway vehicle account and administered by the department of fish
and wildlife solely for the acquisition, planning, development,
maintenance, and management of ORV, nonmotorized, and nonhighway road
recreation facilities and the maintenance of nonhighway roads;
(c) Two percent shall be credited to the ORV and nonhighway vehicle
account and administered by the parks and recreation commission solely
for the acquisition, planning, development, maintenance, and management
of ORV, nonmotorized, and nonhighway road recreation facilities; and
(d) Fifty-eight and one-half percent shall be credited to the
nonhighway and off-road vehicle activities program account to be
administered by the board for planning, acquisition, development,
maintenance, and management of ORV, nonmotorized, and nonhighway road
recreation facilities and for education, information, and law
enforcement programs. The funds under this subsection shall be
expended in accordance with the following limitations:
(i) Not more than thirty percent may be expended for education,
information, and law enforcement programs under this chapter;
(ii) Not less than seventy percent may be expended for ORV,
nonmotorized, and nonhighway road recreation facilities. Except as
provided in (d)(iii) of this subsection, of this amount:
(A) Not less than thirty percent, together with the funds the board
receives under RCW 46.68.045, may be expended for ORV recreation
facilities;
(B) Not less than thirty percent may be expended for nonmotorized
recreation facilities. Funds expended under this subsection
(2)(d)(ii)(B) shall be known as Ira Spring outdoor recreation
facilities funds; and
(C) Not less than thirty percent may be expended for nonhighway
road recreation facilities;
(iii) The board may waive the minimum percentage cited in (d)(ii)
of this subsection due to insufficient requests for funds or projects
that score low in the board's project evaluation. Funds remaining
after such a waiver must be allocated in accordance with board policy.
(3) On a yearly basis an agency may not, except as provided in RCW
46.68.045, expend more than ten percent of the funds it receives under
this chapter for general administration expenses incurred in carrying
out this chapter.
(4) During the 2009-2011 fiscal biennium, the legislature may
appropriate such amounts as reflect the excess fund balance in the NOVA
account to the department of natural resources to install consistent
off-road vehicle signage at department-managed recreation sites, and to
implement the recreation opportunities on department-managed lands in
the Reiter block and Ahtanum state forest, and to the state parks and
recreation commission. The legislature finds that the appropriation of
funds from the NOVA account during the 2009-2011 fiscal biennium for
maintenance and operation of state parks or to improve accessibility
for boaters and off-road vehicle users at state parks will benefit
boaters and off-road vehicle users and others who use nonhighway and
nonmotorized recreational facilities. The appropriations under this
subsection are not required to follow the specific distribution
specified in subsection (2) of this section.
Sec. 108 RCW 46.10.530 and 2003 c 361 s 408 are each amended to
read as follows:
From time to time, but at least once each four years, the
department shall determine the amount of moneys paid to it as motor
vehicle fuel tax that is tax on snowmobile fuel. Such determination
shall use one hundred thirty-five gallons as the average yearly fuel
usage per snowmobile, the number of registered snowmobiles during the
calendar year under determination, and a fuel tax rate of: (1)
Nineteen cents per gallon of motor vehicle fuel from July 1, 2003,
through June 30, 2005; (2) twenty cents per gallon of motor vehicle
fuel from July 1, 2005, through June 30, 2007; (3) twenty-one cents per
gallon of motor vehicle fuel from July 1, 2007, through June 30, 2009;
(4) twenty-two cents per gallon of motor vehicle fuel from July 1,
2009, through June 30, 2011; ((and)) (5) twenty-three cents per gallon
of motor vehicle fuel beginning July 1, 2011; (6) twenty-eight cents
per gallon of motor vehicle fuel beginning August 1, 2013; (7) thirty
cents per gallon of motor vehicle fuel beginning July 1, 2014; (8)
thirty-two cents per gallon of motor vehicle fuel beginning July 1,
2015; (9) thirty-three cents per gallon of motor vehicle fuel beginning
July 1, 2016; and (10) forty-seven and one-half cents per gallon of
motor vehicle fuel beginning July 1, 2029, and thereafter.
Sec. 109 RCW 79A.25.070 and 2010 c 23 s 3 are each amended to
read as follows:
Upon expiration of the time limited by RCW 82.36.330 for claiming
of refunds of tax on marine fuel, the state of Washington shall succeed
to the right to such refunds. The director of licensing, after taking
into account past and anticipated claims for refunds from and deposits
to the marine fuel tax refund account, shall request the state
treasurer to transfer monthly from the marine fuel tax refund account
an amount equal to the proportion of the moneys in the account
representing a motor vehicle fuel tax rate of: (1) Nineteen cents per
gallon of motor vehicle fuel from July 1, 2003, through June 30, 2005;
(2) twenty cents per gallon of motor vehicle fuel from July 1, 2005,
through June 30, 2007; (3) twenty-one cents per gallon of motor vehicle
fuel from July 1, 2007, through June 30, 2009; (4) twenty-two cents per
gallon of motor vehicle fuel from July 1, 2009, through June 30, 2011;
((and)) (5) twenty-three cents per gallon of motor vehicle fuel
beginning July 1, 2011; (6) twenty-eight cents per gallon of motor
vehicle fuel beginning August 1, 2013; (7) thirty cents per gallon of
motor vehicle fuel beginning July 1, 2014; (8) thirty-two cents per
gallon of motor vehicle fuel beginning July 1, 2015; (9) thirty-three
cents per gallon of motor vehicle fuel beginning July 1, 2016; and (10)
forty-seven and one-half cents per gallon of motor vehicle fuel
beginning July 1, 2029, and thereafter, to the recreation resource
account and the remainder to the motor vehicle fund.
Sec. 201 RCW 46.17.100 and 2012 c 74 s 1 are each amended to read
as follows:
Before accepting an application for a certificate of title as
required in this title, the department, county auditor or other agent,
or subagent appointed by the director shall require the applicant to
pay a fifteen dollar application fee in addition to any other fees and
taxes required by law.
(((1) Five dollars of)) The certificate of title application fee
must be distributed under RCW 46.68.020.
(((2) Ten dollars of the certificate of title application fee must
be credited to the transportation 2003 account (nickel account) created
in RCW 46.68.280.))
Sec. 202 RCW 46.17.200 and 2012 c 74 s 3 are each amended to read
as follows:
(1) In addition to all other fees and taxes required by law, the
department, county auditor or other agent, or subagent appointed by the
director shall charge:
(a) The following license plate fees for each license plate, unless
the owner or type of vehicle is exempt from payment:
FEE TYPE | FEE | DISTRIBUTION |
Original issue | $ 10.00 | RCW 46.68.070 |
Reflectivity | $ 2.00 | RCW 46.68.070 |
Replacement | $ 10.00 | RCW 46.68.070 |
Original issue, motorcycle | $ 4.00 | RCW 46.68.070 |
Replacement, motorcycle | $ 4.00 | RCW 46.68.070 |
Original issue, moped | $1.50 | RCW 46.68.070 |
Sec. 203 RCW 46.20.293 and 2012 c 74 s 4 are each amended to read
as follows:
The department is authorized to provide juvenile courts with the
department's record of traffic charges compiled under RCW 46.52.101 and
13.50.200, against any minor upon the request of any state juvenile
court or duly authorized officer of any juvenile court of this state.
Further, the department is authorized to provide any juvenile court
with any requested service which the department can reasonably perform
which is not inconsistent with its legal authority which substantially
aids juvenile courts in handling traffic cases and which promotes
highway safety.
The department is authorized to furnish to the parent, parents, or
guardian of any person under eighteen years of age who is not
emancipated from such parent, parents, or guardian, the department
records of traffic charges compiled against the person and shall
collect for the copy a fee of thirteen dollars, ((fifty)) thirty-eight
and one-half percent of which must be deposited in the highway safety
fund and ((fifty)) sixty-one and one-half percent of which must be
deposited according to RCW 46.68.038.
Sec. 204 RCW 46.29.050 and 2012 c 74 s 5 are each amended to read
as follows:
(1) The department shall upon request furnish any person or his or
her attorney a certified abstract of his or her driving record, which
abstract shall include enumeration of any motor vehicle accidents in
which such person has been involved. Such abstract shall (a) indicate
the total number of vehicles involved, whether the vehicles were
legally parked or moving, and whether the vehicles were occupied at the
time of the accident; and (b) contain reference to any convictions of
the person for violation of the motor vehicle laws as reported to the
department, reference to any findings that the person has committed a
traffic infraction which have been reported to the department, and a
record of any vehicles registered in the name of the person. The
department shall collect for each abstract the sum of thirteen dollars,
((fifty)) thirty-eight and one-half percent of which shall be deposited
in the highway safety fund and ((fifty)) sixty-one and one-half percent
of which must be deposited according to RCW 46.68.038.
(2) The department shall upon request furnish any person who may
have been injured in person or property by any motor vehicle, with an
abstract of all information of record in the department pertaining to
the evidence of the ability of any driver or owner of any motor vehicle
to respond in damages. The department shall collect for each abstract
the sum of thirteen dollars, ((fifty)) thirty-eight and one-half
percent of which shall be deposited in the highway safety fund and
((fifty)) sixty-one and one-half percent of which must be deposited
according to RCW 46.68.038.
Sec. 205 RCW 46.52.130 and 2012 c 74 s 6 and 2012 c 73 s 1 are
each reenacted and amended to read as follows:
Upon a proper request, the department may furnish an abstract of a
person's driving record as permitted under this section.
(1) Contents of abstract of driving record. An abstract of a
person's driving record, whenever possible, must include:
(a) An enumeration of motor vehicle accidents in which the person
was driving, including:
(i) The total number of vehicles involved;
(ii) Whether the vehicles were legally parked or moving;
(iii) Whether the vehicles were occupied at the time of the
accident; and
(iv) Whether the accident resulted in a fatality;
(b) Any reported convictions, forfeitures of bail, or findings that
an infraction was committed based upon a violation of any motor vehicle
law;
(c) The status of the person's driving privilege in this state; and
(d) Any reports of failure to appear in response to a traffic
citation or failure to respond to a notice of infraction served upon
the named individual by an arresting officer.
(2) Release of abstract of driving record. An abstract of a
person's driving record may be furnished to the following persons or
entities:
(a) Named individuals. (i) An abstract of the full driving record
maintained by the department may be furnished to the individual named
in the abstract.
(ii) Nothing in this section prevents a court from providing a copy
of the driver's abstract to the individual named in the abstract,
provided that the named individual has a pending or open infraction or
criminal case in that court. A pending case includes criminal cases
that have not reached a disposition by plea, stipulation, trial, or
amended charge. An open infraction or criminal case includes cases on
probation, payment agreement or subject to, or in collections. Courts
may charge a reasonable fee for the production and copying of the
abstract for the individual.
(b) Employers or prospective employers. (i)(A) An abstract of the
full driving record maintained by the department may be furnished to an
employer or prospective employer or an agent acting on behalf of an
employer or prospective employer of the named individual for purposes
related to driving by the individual as a condition of employment or
otherwise at the direction of the employer.
(B) Release of an abstract of the driving record of an employee or
prospective employee requires a statement signed by: (I) The employee
or prospective employee that authorizes the release of the record; and
(II) the employer attesting that the information is necessary for
employment purposes related to driving by the individual as a condition
of employment or otherwise at the direction of the employer. If the
employer or prospective employer authorizes an agent to obtain this
information on their behalf, this must be noted in the statement.
(C) Upon request of the person named in the abstract provided under
this subsection, and upon that same person furnishing copies of court
records ruling that the person was not at fault in a motor vehicle
accident, the department must indicate on any abstract provided under
this subsection that the person was not at fault in the motor vehicle
accident.
(ii) In addition to the methods described in (b)(i) of this
subsection, the director may enter into a contractual agreement with an
employer or its agent for the purpose of reviewing the driving records
of existing employees for changes to the record during specified
periods of time. The department shall establish a fee for this
service, which must be deposited in the highway safety fund. The fee
for this service must be set at a level that will not result in a net
revenue loss to the state. Any information provided under this
subsection must be treated in the same manner and is subject to the
same restrictions as driving record abstracts.
(c) Volunteer organizations. (i) An abstract of the full driving
record maintained by the department may be furnished to a volunteer
organization or an agent for a volunteer organization for which the
named individual has submitted an application for a position that would
require driving by the individual at the direction of the volunteer
organization.
(ii) Release of an abstract of the driving record of a prospective
volunteer requires a statement signed by: (A) The prospective
volunteer that authorizes the release of the record; and (B) the
volunteer organization attesting that the information is necessary for
purposes related to driving by the individual at the direction of the
volunteer organization. If the volunteer organization authorizes an
agent to obtain this information on their behalf, this must be noted in
the statement.
(d) Transit authorities. An abstract of the full driving record
maintained by the department may be furnished to an employee or agent
of a transit authority checking prospective volunteer vanpool drivers
for insurance and risk management needs.
(e) Insurance carriers. (i) An abstract of the driving record
maintained by the department covering the period of not more than the
last three years may be furnished to an insurance company or its agent:
(A) That has motor vehicle or life insurance in effect covering the
named individual;
(B) To which the named individual has applied; or
(C) That has insurance in effect covering the employer or a
prospective employer of the named individual.
(ii) The abstract provided to the insurance company must:
(A) Not contain any information related to actions committed by law
enforcement officers or firefighters, as both terms are defined in RCW
41.26.030, or by Washington state patrol officers, while driving
official vehicles in the performance of their occupational duty. This
does not apply to any situation where the vehicle was used in the
commission of a misdemeanor or felony;
(B) Include convictions under RCW 46.61.5249 and 46.61.525, except
that the abstract must report the convictions only as negligent driving
without reference to whether they are for first or second degree
negligent driving; and
(C) Exclude any deferred prosecution under RCW 10.05.060, except
that if a person is removed from a deferred prosecution under RCW
10.05.090, the abstract must show the deferred prosecution as well as
the removal.
(iii) Any policy of insurance may not be canceled, nonrenewed,
denied, or have the rate increased on the basis of information
regarding an accident included in the abstract of a driving record,
unless the policyholder was determined to be at fault.
(iv) Any insurance company or its agent, for underwriting purposes
relating to the operation of commercial motor vehicles, may not use any
information contained in the abstract relative to any person's
operation of motor vehicles while not engaged in such employment. Any
insurance company or its agent, for underwriting purposes relating to
the operation of noncommercial motor vehicles, may not use any
information contained in the abstract relative to any person's
operation of commercial motor vehicles.
(v) The director may enter into a contractual agreement with an
insurance company or its agent for the limited purpose of reviewing the
driving records of existing policyholders for changes to the record
during specified periods of time. The department shall establish a fee
for this service, which must be deposited in the highway safety fund.
The fee for this service must be set at a level that will not result in
a net revenue loss to the state. Any information provided under this
subsection must be treated in the same manner and is subject to the
same restrictions as driving record abstracts.
(f) Alcohol/drug assessment or treatment agencies. An abstract of
the driving record maintained by the department covering the period of
not more than the last five years may be furnished to an alcohol/drug
assessment or treatment agency approved by the department of social and
health services to which the named individual has applied or been
assigned for evaluation or treatment, for purposes of assisting
employees in making a determination as to what level of treatment, if
any, is appropriate, except that the abstract must:
(i) Also include records of alcohol-related offenses, as defined in
RCW 46.01.260(2), covering a period of not more than the last ten
years; and
(ii) Indicate whether an alcohol-related offense was originally
charged as a violation of either RCW 46.61.502 or 46.61.504.
(g) City attorneys and county prosecuting attorneys. An abstract
of the full driving record maintained by the department, including
whether a recorded violation is an alcohol-related offense, as defined
in RCW 46.01.260(2), that was originally charged as a violation of
either RCW 46.61.502 or 46.61.504, may be furnished to city attorneys
or county prosecuting attorneys. City attorneys and county prosecuting
attorneys may provide the driving record to alcohol/drug assessment or
treatment agencies approved by the department of social and health
services to which the named individual has applied or been assigned for
evaluation or treatment.
(h) State colleges, universities, or agencies, or units of local
government. An abstract of the full driving record maintained by the
department may be furnished to (i) state colleges, universities, or
agencies for employment and risk management purposes or (ii) units of
local government authorized to self-insure under RCW 48.62.031 for
employment and risk management purposes.
(i) Superintendent of public instruction. An abstract of the full
driving record maintained by the department may be furnished to the
superintendent of public instruction for review of public school bus
driver records. The superintendent or superintendent's designee may
discuss information on the driving record with an authorized
representative of the employing school district for employment and risk
management purposes.
(3) Release to third parties prohibited. Any person or entity
receiving an abstract of a person's driving record under subsection
(2)(b) through (i) of this section shall use the abstract exclusively
for his, her, or its own purposes or as otherwise expressly permitted
under this section, and shall not divulge any information contained in
the abstract to a third party.
(4) Fee. The director shall collect a thirteen dollar fee for each
abstract of a person's driving record furnished by the department.
((Fifty)) Thirty-eight and one-half percent of the fee must be
deposited in the highway safety fund, and ((fifty)) sixty-one and one-half percent of the fee must be deposited according to RCW 46.68.038.
(5) Violation. (a) Any negligent violation of this section is a
gross misdemeanor.
(b) Any intentional violation of this section is a class C felony.
Sec. 206 RCW 46.68.041 and 2004 c 95 s 15 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, the
department ((shall)) must forward all funds accruing under ((the
provisions of)) chapter 46.20 RCW together with a proper identifying,
detailed report to the state treasurer who ((shall)) must deposit such
moneys to the credit of the highway safety fund.
(2)(a) Sixty-three percent of each fee collected by the department
under RCW 46.20.311 (1)(e)(ii), (2)(b)(ii), and (3)(b) ((shall)) must
be deposited in the impaired driving safety account.
(b)(i)(A) $2.88 of each driver's license issuance fee paid under
RCW 46.20.161 must be deposited in the state patrol highway account.
(B) If the driver's license issuance fee paid under RCW 46.20.161
is for a driver's license with a term of less than six years, the
amount to be deposited in the state patrol highway account is $0.48
multiplied by the number of years in the term of the driver's license.
(ii)(A) $21.12 of each driver's license issuance fee paid under RCW
46.20.161 is for the sole use of the transportation improvement board.
(B) If the driver's license issuance fee paid under RCW 46.20.161
is for a driver's license with a term of less than six years, the
amount for the sole use of the transportation improvement board is
$3.52 multiplied by the number of years in the term of the driver's
license.
(C)(I) Ninety percent of moneys received under this subsection
(2)(b)(ii) must be deposited in the transportation improvement account
for the transportation improvement board urban arterial program.
(II) Ten percent of moneys received under this subsection
(2)(b)(ii) must be deposited in the small city pavement and sidewalk
account for the transportation improvement board small city pavement
and sidewalk program.
(c)(i) $4.28 of each driver's license renewal fee paid under RCW
46.20.181(2) be deposited in the motor vehicle fund.
(ii)(A) $6.02 of each driver's license renewal fee paid under RCW
46.20.181(2) is for the sole use of the department of transportation
for local programs.
(B)(I) Twenty-five percent of moneys received under this subsection
(2)(c)(ii) must be deposited in the freight mobility investment account
for the freight mobility strategic investment board to meet urgent
freight corridor improvement and preservation needs.
(II) Seventy-five percent of moneys received under this subsection
(2)(c)(ii) must be deposited in the pedestrian, bicycle, and safe
routes to school account created in section 212 of this act for safe
routes to school program projects.
(iii) $7.01 of each driver's license renewal fee paid under RCW
46.20.181(2) must be deposited in the Puget Sound ferry operations
account.
(iv) $6.69 of each driver's license renewal fee paid under RCW
46.20.181(2) must be deposited in the county arterial preservation
account for the sole use of the county road administration board for
the county arterial preservation program.
(d) If the driver's license renewal fee paid under RCW 46.20.181(4)
is for a driver's license with a term of less than six years, the
amount to be deposited in the motor vehicle fund is four dollars
multiplied by the number of years in the term of the driver's license.
(e) If the driver's license renewal fee paid under RCW 46.20.181(5)
is for a driver's license with a term of less than six years, the
amount to be deposited in the state patrol highway account is four
dollars multiplied by the number of years in the term of the driver's
license.
(f) Thirty dollars of each identicard fee paid under RCW 46.20.117
must be deposited in the Puget Sound ferry operations account.
(g) Five dollars of each driver's instruction permit fee paid under
RCW 46.20.055 must be deposited in the state patrol highway account.
(h) Fifteen dollars of each driver's licensing examination fee paid
under RCW 46.20.120(2) must be deposited in the Puget Sound ferry
operations account.
(i) Five dollars of each duplicate or replacement fee paid under
RCW 46.20.200 must be deposited in the state patrol highway account.
(j) One hundred seventy-five dollars of each hearing request fee
paid under RCW 46.20.308 must be deposited in the state patrol highway
account.
Sec. 207 RCW 46.70.061 and 2012 c 74 s 7 are each amended to read
as follows:
(1) The annual fees for original licenses issued for twelve
consecutive months from the date of issuance under this chapter shall
be:
(a) Vehicle dealers, principal place of business for each and every
license classification: Nine hundred seventy-five dollars;
(b) Vehicle dealers, each subagency, and temporary subagency: One
hundred dollars;
(c) Vehicle manufacturers: Five hundred dollars.
(2) The annual fee for renewal of any license issued pursuant to
this chapter shall be:
(a) Vehicle dealers, principal place of business for each and every
license classification: Three hundred twenty-five dollars;
(b) Vehicle dealer, each and every subagency: Twenty-five dollars;
(c) Vehicle manufacturers: Two hundred fifty dollars.
If any licensee fails or neglects to apply for such renewal within
thirty days after the expiration of the license, or assigned renewal
date under a staggered licensing system, the license shall be declared
canceled by the director, in which case the licensee will be required
to apply for an original license and pay the fee required for the
original license.
(3) The fee for the transfer to another location of any license
classification issued pursuant to this chapter shall be twenty-five
dollars.
(4) The fee for vehicle dealer license plates and manufacturer
license plates shall be the amount required by law for vehicle license
plates exclusive of excise tax and gross weight and tonnage fees.
(5)(a) All fees collected under this chapter shall be deposited in
the state treasury and credited to the motor vehicle fund.
(b) Two hundred twenty-five dollars of each fee paid under
subsection (1)(a) of this section is for the sole use of the department
of transportation for the removal of fish passage barriers related to
the transportation system.
(c) Seventy-five dollars of each fee paid under subsection (2)(a)
of this section is for the sole use of the department of transportation
for the removal of fish passage barriers related to the transportation
system.
(6) The fees prescribed in this section are in addition to any
excise taxes imposed by chapter 82.44 RCW.
Sec. 208 RCW 46.68.020 and 2011 c 171 s 84 are each amended to
read as follows:
The director shall forward all fees for certificates of title or
other moneys accruing under chapters 46.12 and 46.17 RCW to the state
treasurer, together with a proper identifying detailed report. The
state treasurer shall credit these moneys as follows:
FEE | REQUIRED IN | ESTABLISHED IN | DISTRIBUTION |
ORV certificate of title fee | RCW 46.09.320 | RCW 46.17.100 | RCW 47.66.070 |
Original certificate of title | RCW 46.12.530 | RCW 46.17.100 | RCW 47.66.070 |
Penalty for late transfer | RCW 46.12.650 | RCW 46.17.140 | RCW 47.66.070 |
Motor change | RCW 46.12.590 | RCW 46.17.100 | RCW (( |
Transfer certificate of title | RCW 46.12.650 | RCW 46.17.100 | RCW (( |
Security interest changes | RCW 46.12.675 | RCW 46.17.100 | RCW (( |
Duplicate certificate of title | RCW 46.12.580 | RCW 46.17.100 | RCW (( |
Stolen vehicle check | RCW 46.12.570 | RCW 46.17.120 | RCW 46.68.070 |
Vehicle identification number assignment | RCW 46.12.560 | RCW 46.17.135 | RCW 46.68.070 |
Sec. 209 RCW 46.68.280 and 2003 c 361 s 601 are each amended to
read as follows:
(1) The transportation 2003 account (nickel account) is hereby
created in the motor vehicle fund. Money in the account may be spent
only after appropriation. Expenditures from the account must be used
only for projects or improvements identified as transportation 2003
projects or improvements in the omnibus transportation budget and to
pay the principal and interest on the bonds authorized for
transportation 2003 projects or improvements. Upon completion of the
projects or improvements identified as transportation 2003 projects or
improvements, moneys deposited in this account must only be used to pay
the principal and interest on the bonds authorized for transportation
2003 projects or improvements, and any funds in the account in excess
of the amount necessary to make the principal and interest payments may
be used for maintenance on the completed projects or improvements.
(2) The "nickel account" means the transportation 2003 account.
(3) Beginning September 2015, by the last day of September,
December, March, and June of each year, the state treasurer shall
transfer four million seven hundred thousand dollars from the
multimodal transportation account to the nickel account.
Sec. 210 RCW 46.68.390 and 2012 c 74 s 9 are each amended to read
as follows:
(1) The public transportation grant program 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
grants to aid transit authorities with operations.
(2) Beginning September 2015, by the last day of September,
December, March, and June of each year, the state treasurer shall
transfer three million two hundred fifty thousand dollars from the
multimodal transportation account to the public transportation grant
program account.
NEW SECTION. Sec. 211 2012 c 74 s 18 (uncodified) is repealed.
NEW SECTION. Sec. 212 A new section is added to chapter 46.68
RCW to read as follows:
(1) The pedestrian, bicycle, and safe routes to school 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 pedestrian, bicycle, and safe routes to school projects.
(2) Beginning September 2015, by the last day of September,
December, March, and June of each year, the state treasurer shall
transfer from the multimodal transportation account to the pedestrian,
bicycle, and safe routes to school account two million dollars.
(3) Beginning September 2015, by the last day of September,
December, March, and June of each year, the state treasurer shall
transfer from the motor vehicle account to the pedestrian, bicycle, and
safe routes to school account six hundred fifty thousand dollars.
Sec. 301 RCW 46.17.355 and 2011 c 171 s 61 are each amended to
read as follows:
(1) In lieu of the vehicle license fee required under RCW 46.17.350
and before accepting an application for a vehicle registration for
motor vehicles described in RCW 46.16A.455, the department, county
auditor or other agent, or subagent appointed by the director shall
require the applicant, unless specifically exempt, to pay the following
license fee by weight:
WEIGHT | SCHEDULE A | SCHEDULE B |
4,000 pounds | (( | (( |
6,000 pounds | (( | (( |
8,000 pounds | (( | (( |
10,000 pounds | (( | (( |
12,000 pounds | $ 77.00 | $ 77.00 |
14,000 pounds | $ 88.00 | $ 88.00 |
16,000 pounds | $ 100.00 | $ 100.00 |
18,000 pounds | $ 152.00 | $ 152.00 |
20,000 pounds | $ 169.00 | $ 169.00 |
22,000 pounds | $ 183.00 | $ 183.00 |
24,000 pounds | $ 198.00 | $ 198.00 |
26,000 pounds | $ 209.00 | $ 209.00 |
28,000 pounds | $ 247.00 | $ 247.00 |
30,000 pounds | $ 285.00 | $ 285.00 |
32,000 pounds | $ 344.00 | $ 344.00 |
34,000 pounds | $ 366.00 | $ 366.00 |
36,000 pounds | $ 397.00 | $ 397.00 |
38,000 pounds | $ 436.00 | $ 436.00 |
40,000 pounds | $ 499.00 | $ 499.00 |
42,000 pounds | $ 519.00 | $ 609.00 |
44,000 pounds | $ 530.00 | $ 620.00 |
46,000 pounds | $ 570.00 | $ 660.00 |
48,000 pounds | $ 594.00 | $ 684.00 |
50,000 pounds | $ 645.00 | $ 735.00 |
52,000 pounds | $ 678.00 | $ 768.00 |
54,000 pounds | $ 732.00 | $ 822.00 |
56,000 pounds | $ 773.00 | $ 863.00 |
58,000 pounds | $ 804.00 | $ 894.00 |
60,000 pounds | $ 857.00 | $ 947.00 |
62,000 pounds | $ 919.00 | $ 1,009.00 |
64,000 pounds | $ 939.00 | $ 1,029.00 |
66,000 pounds | $ 1,046.00 | $ 1,136.00 |
68,000 pounds | $ 1,091.00 | $ 1,181.00 |
70,000 pounds | $ 1,175.00 | $ 1,265.00 |
72,000 pounds | $ 1,257.00 | $ 1,347.00 |
74,000 pounds | $ 1,366.00 | $ 1,456.00 |
76,000 pounds | $ 1,476.00 | $ 1,566.00 |
78,000 pounds | $ 1,612.00 | $ 1,702.00 |
80,000 pounds | $ 1,740.00 | $ 1,830.00 |
82,000 pounds | $ 1,861.00 | $ 1,951.00 |
84,000 pounds | $ 1,981.00 | $ 2,071.00 |
86,000 pounds | $ 2,102.00 | $ 2,192.00 |
88,000 pounds | $ 2,223.00 | $ 2,313.00 |
90,000 pounds | $ 2,344.00 | $ 2,434.00 |
92,000 pounds | $ 2,464.00 | $ 2,554.00 |
94,000 pounds | $ 2,585.00 | $ 2,675.00 |
96,000 pounds | $ 2,706.00 | $ 2,796.00 |
98,000 pounds | $ 2,827.00 | $ 2,917.00 |
100,000 pounds | $ 2,947.00 | $ 3,037.00 |
102,000 pounds | $ 3,068.00 | $ 3,158.00 |
104,000 pounds | $ 3,189.00 | $ 3,279.00 |
105,500 pounds | $ 3,310.00 | $ 3,400.00 |
NEW SECTION. Sec. 302 Section 301 of this act applies to vehicle
registrations that are due or become due on or after August 1, 2013.
Sec. 303 RCW 81.77.160 and 1997 c 434 s 1 are each amended to
read as follows:
(1) The commission, in fixing and altering collection rates charged
by every solid waste collection company under this section, shall
include in the base for the collection rates:
(a) All charges for the disposal of solid waste at the facility or
facilities designated by a local jurisdiction under a local
comprehensive solid waste management plan or ordinance; ((and))
(b) All known and measurable costs related to implementation of the
approved county or city comprehensive solid waste management plan; and
(c) All taxes and fees imposed or increased under this act.
(2) If a solid waste collection company files a tariff to recover
the costs specified under this section, and the commission suspends the
tariff, the portion of the tariff covering costs specified in this
section shall be placed in effect by the commission at the request of
the company on an interim basis as of the originally filed effective
date, subject to refund, pending the commission's final order. The
commission may adopt rules to implement this section.
(3) This section applies to a solid waste collection company that
has an affiliated interest under chapter 81.16 RCW with a facility, if
the total cost of disposal, including waste transfer, transport, and
disposal charges, at the facility is equal to or lower than any other
reasonable and currently available option.
Sec. 304 RCW 47.60.322 and 2011 1st sp.s. c 16 s 2 are each
amended to read as follows:
(1) The capital vessel replacement account is created in the motor
vehicle fund. All revenues generated from the vessel replacement
surcharge under RCW 47.60.315(7) and the amount of service fees
required under section 305(2) of this act must be deposited into the
account. Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used only for the construction or
purchase of ferry vessels and to pay the principal and interest on
bonds authorized for the construction or purchase of ferry vessels.
However, expenditures from the account must first be used to support
the construction or purchase, including any applicable financing costs,
of a ferry vessel with a carrying capacity of at least one hundred
forty-four cars.
(2) The state treasurer may not transfer any moneys from the
capital vessel replacement account except to the transportation 2003
account (nickel account) for debt service on bonds issued for the
construction of ((a)) 144-car class ferry vessels.
NEW SECTION. Sec. 305 A new section is added to chapter 46.17
RCW to read as follows:
(1) The department and a county auditor or other agent appointed by
the director shall collect a service fee of five dollars for each
vehicle registration renewal processed by the department or that county
auditor's or other agent's office. The service fee must be deposited
into the connecting Washington account created in section 104 of this
act.
(2)(a) The department and a county auditor or other agent appointed
by the director shall collect a service fee of twelve dollars for each
certificate of title transaction processed by the department or that
county auditor's or other agent's office.
(b) Each fiscal year, the service fees collected under (a) of this
subsection must be deposited into the capital vessel replacement
account as authorized in RCW 47.60.322, except as required in (c) of
this subsection.
(c) Any service fees collected under (a) of this subsection that
are in excess of seven million dollars per fiscal year must be
deposited into the connecting Washington account created in section 104
of this act.
NEW SECTION. Sec. 306 Sections 304 and 305 of this act apply to
vehicle registrations that are due or become due on or after January 1,
2014.
Sec. 307 RCW 46.17.323 and 2012 c 74 s 10 are each amended to
read as follows:
(1) Before accepting an application for an annual vehicle
registration renewal for ((an electric)) a vehicle that uses
((propulsion units powered solely by)) at least one method of
propulsion that is capable of being reenergized by an external source
of electricity, the department, county auditor or other agent, or
subagent appointed by the director must require the applicant to pay a
one hundred dollar fee in addition to any other fees and taxes required
by law. The one hundred dollar fee is due only at the time of annual
registration renewal.
(2) This section only applies to:
(a) A vehicle that is designed to have the capability to drive at
a speed of more than thirty-five miles per hour; and
(b) An annual vehicle registration renewal that is due on or after
February 1, 2013.
(3)(a) The fee under this section is imposed to provide funds to
mitigate the impact of vehicles on state roads and highways and for the
purpose of evaluating the feasibility of transitioning from a revenue
collection system based on fuel taxes to a road user assessment system,
and is separate and distinct from other vehicle license fees. Proceeds
from the fee must be ((used for highway purposes, and)) deposited into
the transportation innovative partnership account created in RCW
47.29.230 for the purpose of creating and funding the Washington
electric vehicle infrastructure bank as provided in section 501 of this
act. Once the total number of electric vehicles subject to this fee
has reached one-half of one percent of the state's total registered
vehicle fleet, proceeds must be deposited in the motor vehicle fund
created in RCW 46.68.070((, subject to)) and distributed in the manner
provided in (b) of this subsection.
(b) ((If in any year the amount of proceeds from the fee collected
under this section exceeds one million dollars, the excess amount over
one million dollars must be deposited)) Any fee proceeds eligible for
deposit in the motor vehicle fund must be distributed as follows:
(i) Seventy percent to the motor vehicle fund created in RCW
46.68.070;
(ii) Fifteen percent to the transportation improvement account
created in RCW 47.26.084; and
(iii) Fifteen percent to the rural arterial trust account created
in RCW 36.79.020.
Sec. 308 RCW 46.17.050 and 2010 c 161 s 505 are each amended to
read as follows:
Before accepting a report of sale filed under RCW 46.12.650(2), the
department, county auditor or other agent, or subagent appointed by the
director shall require the applicant to pay((:)) the filing fee under RCW 46.17.005(1), the license plate
technology fee under RCW 46.17.015, ((
(1)and)) the license service fee
under RCW 46.17.025 ((to the county auditor or other agent; and)), and the service fee under RCW 46.17.040(2) ((
(2) The subagentto
the subagent)). Any service fees collected by the department under
this section must be deposited in the multimodal transportation account
created in RCW 47.66.070.
Sec. 309 RCW 46.17.060 and 2010 c 161 s 507 are each amended to
read as follows:
Before accepting a transitional ownership record filed under RCW
46.12.660, the department, county auditor or other agent, or subagent
appointed by the director shall require the applicant to pay((:)) the filing fee under RCW 46.17.005(1), the license plate
technology fee under RCW 46.17.015, ((
(1)and)) the license service fee
under RCW 46.17.025 ((to the county auditor or other agent; and)), and the service fee under RCW 46.17.040(2) ((
(2) The subagentto
the subagent)). Any service fees collected by the department under
this section must be deposited in the multimodal transportation account
created in RCW 47.66.070.
Sec. 310 RCW 46.20.202 and 2007 c 7 s 1 are each amended to read
as follows:
(1) The department may enter into a memorandum of understanding
with any federal agency for the purposes of facilitating the crossing
of the border between the state of Washington and the Canadian province
of British Columbia.
(2) The department may enter into an agreement with the Canadian
province of British Columbia for the purposes of implementing a border-crossing initiative.
(3)(a) The department may issue an enhanced driver's license or
identicard for the purposes of crossing the border between the state of
Washington and the Canadian province of British Columbia to an
applicant who provides the department with proof of: United States
citizenship, identity, and state residency. The department shall
continue to offer a standard driver's license and identicard. If the
department chooses to issue an enhanced driver's license, the
department must allow each applicant to choose between a standard
driver's license or identicard, or an enhanced driver's license or
identicard.
(b) The department shall implement a one-to-many biometric matching
system for the enhanced driver's license or identicard. An applicant
for an enhanced driver's license or identicard shall submit a biometric
identifier as designated by the department. The biometric identifier
must be used solely for the purpose of verifying the identity of the
holders and for any purpose set out in RCW 46.20.037. Applicants are
required to sign a declaration acknowledging their understanding of the
one-to-many biometric match.
(c) The enhanced driver's license or identicard must include
reasonable security measures to protect the privacy of Washington state
residents, including reasonable safeguards to protect against
unauthorized disclosure of data about Washington state residents. If
the enhanced driver's license or identicard includes a radio frequency
identification chip, or similar technology, the department shall ensure
that the technology is encrypted or otherwise secure from unauthorized
data access.
(d) The requirements of this subsection are in addition to the
requirements otherwise imposed on applicants for a driver's license or
identicard. The department shall adopt such rules as necessary to meet
the requirements of this subsection. From time to time the department
shall review technological innovations related to the security of
identity cards and amend the rules related to enhanced driver's
licenses and identicards as the director deems consistent with this
section and appropriate to protect the privacy of Washington state
residents.
(e) Notwithstanding RCW 46.20.118, the department may make images
associated with enhanced drivers' licenses or identicards from the
negative file available to United States customs and border agents for
the purposes of verifying identity.
(4) ((The department may set a fee for the issuance of enhanced
drivers' licenses and identicards under this section.)) (a) The fee for
an enhanced driver's license or enhanced identicard is fifty-four
dollars, which is in addition to the fees for any regular driver's
license or identicard. If the enhanced driver's license or enhanced
identicard is issued, renewed, or extended for a period other than six
years, the fee for each class is nine dollars for each year that the
enhanced driver's license or enhanced identicard is issued, renewed, or
extended.
(b) Thirty-nine dollars of each enhanced driver's license or
identicard fee, or six dollars and fifty cents of the fee for each
class for each year if the enhanced driver's license or enhanced
identicard is issued, renewed, or extended for a period other than six
years, must be deposited in the multimodal transportation account
created in RCW 47.66.070.
NEW SECTION. Sec. 401 (1) It is the intent of the legislature to
provide diversified local revenue options that may be tailored to the
needs of each jurisdiction, in addition to any increases in funding
provided through already existing partnerships between the state and
local communities, such as the motor vehicle fuel taxes. In the case
of public transit systems in particular, there is a need for additional
revenue sources beyond the current sales and use tax options, which
may, on their own, not be sufficient to meet the funding challenges of
a particular system.
(2) It is also the intent that local governments coordinate with
other municipalities, transit systems, transportation benefit
districts, planning organizations, and other transportation agencies.
It is critical that all transportation infrastructure is well planned,
coordinated, and maintained at the local levels to provide a seamless
transportation infrastructure to enable people and goods to move safely
and efficiently throughout the state and to bolster and improve the
state's economy.
(3) The legislature finds that the purchasing power of funds to pay
for local transportation needs continues to decline while costs have
risen. Without additional funding, counties and cities will continue
to struggle financially to preserve and maintain county roads, city
streets, and bridges; pavement conditions will to continue to decline;
and public transit systems will be forced to cut services at a time
when demand for transit services is increasing.
Sec. 402 RCW 36.73.015 and 2012 c 152 s 1 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "City" means a city or town.
(2) "District" means a transportation benefit district created
under this chapter.
(3) "Low-income" means household income that is at or below forty-five percent of the median household income, adjusted for household
size, for the district in which the fees, taxes, or tolls were imposed.
(4) "Rebate program" means an optional program established by a
transportation benefit district that includes a city with a population
of five hundred thousand persons or more for the purpose of providing
rebates to low-income individuals for fees, taxes, and/or tolls imposed
by such transportation benefit district for: (a) Vehicle fees imposed
under RCW 36.73.040(3)(b); (b) sales and use taxes imposed under RCW
36.73.040(3)(a); and/or (c) tolls imposed under RCW 36.73.040(3)(d).
(5) "Supplemental transportation improvement" or "supplemental
improvement" means any project, work, or undertaking to provide public
transportation service, in addition to a district's existing or planned
voter-approved transportation improvements, proposed by a participating
city member of the district under RCW 36.73.180.
(6) "Transportation improvement" means a project contained in the
transportation plan of the state, a regional transportation planning
organization, city, county, or eligible jurisdiction as identified in
RCW 36.73.020(2). A project may include, but is not limited to,
investment in new or existing highways of statewide significance,
principal arterials of regional significance, high capacity
transportation, public transportation, and other transportation
projects and programs of local, regional, or statewide significance
including transportation demand management. Projects may also include
the operation, preservation, and maintenance of these facilities or
programs.
Sec. 403 RCW 36.73.020 and 2010 c 250 s 1 are each amended to
read as follows:
(1) The legislative authority of a county or city may establish a
transportation benefit district within the county or city area or
within the area specified in subsection (2) of this section, for the
purpose of acquiring, constructing, improving, providing, and funding
a transportation improvement within the district that is consistent
with any existing state, regional, or local transportation plans and
necessitated by existing or reasonably foreseeable congestion levels.
The transportation improvements shall be owned by the county of
jurisdiction if located in an unincorporated area, by the city of
jurisdiction if located in an incorporated area, or by the state in
cases where the transportation improvement is or becomes a state
highway. However, if deemed appropriate by the governing body of the
transportation benefit district, a transportation improvement may be
owned by a participating port district or transit district, unless
otherwise prohibited by law. Transportation improvements shall be
administered and maintained as other public streets, roads, highways,
and transportation improvements. To the extent practicable, the
district shall consider the following criteria when selecting
transportation improvements:
(a) Reduced risk of transportation facility failure and improved
safety;
(b) Improved travel time;
(c) Improved air quality;
(d) Increases in daily and peak period trip capacity;
(e) Improved modal connectivity;
(f) Improved freight mobility;
(g) Cost-effectiveness of the investment;
(h) Optimal performance of the system through time;
(i) Improved accessibility for, or other benefits to, persons with
special transportation needs as defined in RCW 47.06B.012; and
(j) Other criteria, as adopted by the governing body.
(2) Subject to subsection (6) of this section, the district may
include area within more than one county, city, port district, county
transportation authority, reservation of a federally recognized tribe,
or public transportation benefit area, if the legislative authority of
each participating jurisdiction has agreed to the inclusion as provided
in an interlocal agreement adopted pursuant to chapter 39.34 RCW.
However, the boundaries of the district need not include all territory
within the boundaries of the participating jurisdictions comprising the
district.
(3) The members of the legislative authority proposing to establish
the district, acting ex officio and independently, shall constitute the
governing body of the district: PROVIDED, That where a district
includes area within more than one jurisdiction under subsection (2) of
this section, the district shall be governed under an interlocal
agreement adopted pursuant to chapter 39.34 RCW, with the governing
body being composed of (a) at least five members including at least one
elected official from the legislative authority of each participating
jurisdiction or (b) the governing body of the metropolitan planning
organization serving the district, but only if the district boundaries
are identical to the boundaries of the metropolitan planning
organization serving the district.
(4) The treasurer of the jurisdiction proposing to establish the
district shall act as the ex officio treasurer of the district, unless
an interlocal agreement states otherwise.
(5) The electors of the district shall all be registered voters
residing within the district.
(6) Prior to December 1, 2007, the authority under this section,
regarding the establishment of or the participation in a district,
shall not apply to:
(a) Counties with a population greater than one million five
hundred thousand persons and any adjoining counties with a population
greater than five hundred thousand persons;
(b) Cities with any area within the counties under (a) of this
subsection; and
(c) Other jurisdictions with any area within the counties under (a)
of this subsection.
Sec. 404 RCW 36.73.065 and 2012 c 152 s 3 are each amended to
read as follows:
(1) Except as provided in subsection (4) of this section, taxes,
fees, charges, and tolls may not be imposed by a district without
approval of a majority of the voters in the district voting on a
proposition at a general or special election. The proposition must
include a specific description of: (a) The transportation improvement
or improvements proposed by the district; (b) any rebate program
proposed to be established under RCW 36.73.067; and (c) the proposed
taxes, fees, charges, and the range of tolls imposed by the district to
raise revenue to fund the improvement or improvements or rebate
program, as applicable.
(2) Voter approval under this section must be accorded substantial
weight regarding the validity of a transportation improvement as
defined in RCW 36.73.015.
(3) A district may not increase any taxes, fees, charges, or range
of tolls imposed or change a rebate program under this chapter once the
taxes, fees, charges, tolls, or rebate program takes effect, unless
authorized by the district voters pursuant to RCW 36.73.160 or up to
forty dollars of the vehicle fee authorized in RCW 82.80.140 by the
governing board of the district.
(4)(a) A district that includes all the territory within the
boundaries of the jurisdiction, or jurisdictions, establishing the
district, but not including territory in which a fee is currently being
collected under RCW 82.80.140, may impose by a majority vote of the
governing board of the district the following fees and charges:
(i) Up to ((twenty)) forty dollars of the vehicle fee authorized in
RCW 82.80.140; or
(ii) A fee or charge in accordance with RCW 36.73.120.
(b) The vehicle fee authorized in (a) of this subsection may only
be imposed for a passenger-only ferry transportation improvement if the
vehicle fee is first approved by a majority of the voters within the
jurisdiction of the district.
(c)(i) A district solely comprised of a city or cities ((shall))
may not impose the fees or charges identified in (a) of this subsection
within one hundred eighty days after July 22, 2007, unless the county
in which the city or cities reside, by resolution, declares that it
will not impose the fees or charges identified in (a) of this
subsection within the one hundred eighty-day period; or
(ii) A district solely comprised of a city or cities identified in
RCW 36.73.020(6)(b) may not impose the fees or charges until after May
22, 2008, unless the county in which the city or cities reside, by
resolution, declares that it will not impose the fees or charges
identified in (a) of this subsection through May 22, 2008.
(5) If the interlocal agreement in RCW 82.80.140(2)(a) cannot be
reached, a district that includes only the unincorporated territory of
a county may impose by a majority vote of the governing body of the
district up to ((twenty)) forty dollars of the vehicle fee authorized
in RCW 82.80.140.
NEW SECTION. Sec. 405 A new section is added to chapter 82.80
RCW to read as follows:
(1) A county with a population of one million or more may impose,
by approval of a majority of the registered voters of the county voting
on the proposition at a general or special election, a local motor
vehicle excise tax of up to one and one-half percent annually on the
value of every motor vehicle registered to a person residing within the
county based on any guidebook, report, or compendium of recognized
standing in the automotive industry, such as the Kelley Blue Book or
the National Automobile Dealers' Association Guide. A motor vehicle
excise tax may not be imposed on vehicles licensed under RCW 46.17.355,
except for motor vehicles with an unladen weight of six thousand pounds
or less, RCW 46.16A.425, 46.17.335, or 46.17.350(1)(c).
(2) A county imposing a tax under this section must contract,
before the effective date of the resolution or ordinance imposing the
local motor vehicle excise tax, administration and collection to the
department of licensing, as appropriate, which must deduct an amount,
as provided by contract, for administration and collection expenses
incurred by the department.
(3) If the department of licensing determines a value for a vehicle
pursuant to subsection (1) of this section, any person who pays a
locally imposed motor vehicle excise tax for that vehicle may appeal
the valuation to the department of licensing under chapter 34.05 RCW.
If the taxpayer is successful on appeal, the department must refund the
excess tax.
(4) The tax imposed 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.
(5)(a) A county imposing a tax under this section must use sixty
percent of the net funds, after any deductions pursuant to subsection
(2) of this section, for the operation, maintenance, or capital needs
of public transportation systems.
(b) The remaining forty percent of the net funds, after any
deductions pursuant to subsection (2) of this section, must be used for
the operations and maintenance of local roads and must be distributed
on a pro rata basis to the county imposing the local motor vehicle
excise tax and to incorporated cities and towns within the county based
upon the population of the unincorporated portion of the county, the
population of an incorporated city, or the population of an
incorporated town as a percentage of the total population of the
county.
(6) For purposes of this section, the population of an incorporated
city or town is the most recent population determined by the office of
financial management.
Sec. 406 RCW 82.14.045 and 2008 c 86 s 102 are each amended to
read as follows:
(1) The legislative body of any city pursuant to RCW 35.92.060, of
any county which has created an unincorporated transportation benefit
area pursuant to RCW 36.57.100 and 36.57.110, of any public
transportation benefit area pursuant to RCW 36.57A.080 and 36.57A.090,
of any county transportation authority established pursuant to chapter
36.57 RCW, ((and)) of any metropolitan municipal corporation within a
county with a population of one million or more pursuant to chapter
35.58 RCW, and of any enhanced public transportation zone pursuant to
section 408 of this act, may, by resolution or ordinance for the sole
purpose of providing funds for the operation, maintenance, or capital
needs of public transportation systems or public transportation limited
to persons with special needs under RCW 36.57.130 and 36.57A.180, and
in lieu of the excise taxes authorized by RCW 35.95.040, submit an
authorizing proposition to the voters or include such authorization in
a proposition to perform the function of public transportation or
public transportation limited to persons with special needs under RCW
36.57.130 and 36.57A.180, and if approved by a majority of persons
voting thereon, impose a sales and use tax in accordance with the terms
of this chapter. Where an authorizing proposition is submitted by a
county on behalf of an unincorporated transportation benefit area, it
shall be voted upon by the voters residing within the boundaries of
such unincorporated transportation benefit area and, if approved, the
sales and use tax shall be imposed only within such area.
Notwithstanding any provisions of this section to the contrary, any
county in which a county public transportation plan has been adopted
pursuant to RCW 36.57.070 and the voters of such county have authorized
the imposition of a sales and use tax pursuant to the provisions of
section 10, chapter 167, Laws of 1974 ex. sess., prior to July 1, 1975,
shall be authorized to fix and impose a sales and use tax as provided
in this section at not to exceed the rate so authorized without
additional approval of the voters of such county as otherwise required
by this section.
The tax authorized by this section shall be 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 such city, public
transportation benefit area, county, ((or)) metropolitan municipal
corporation, or enhanced public transportation zone as the case may be.
The rate of such tax shall be one-tenth, two-tenths, three-tenths,
four-tenths, five-tenths, six-tenths, seven-tenths, eight-tenths, or
nine-tenths of 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 such tax shall not exceed the rate authorized by the voters unless
such increase shall be similarly approved.
(2)(a) In the event a metropolitan municipal corporation imposes a
sales and use tax pursuant to this chapter no city, county which has
created an unincorporated transportation benefit area, public
transportation benefit area authority, or county transportation
authority wholly within such metropolitan municipal corporation shall
be empowered to impose and/or collect taxes under RCW 35.95.040 or this
section, but nothing herein shall prevent such city or county from
imposing sales and use taxes pursuant to any other authorization.
(b) In the event a county transportation authority imposes a sales
and use tax under this section, no city, county which has created an
unincorporated transportation benefit area, public transportation
benefit area, or metropolitan municipal corporation, located within the
territory of the authority, shall be empowered to impose or collect
taxes under RCW 35.95.040 or this section.
(c) In the event a public transportation benefit area imposes a
sales and use tax under this section, no city, county which has created
an unincorporated transportation benefit area, or metropolitan
municipal corporation, located wholly or partly within the territory of
the public transportation benefit area, shall be empowered to impose or
collect taxes under RCW 35.95.040 or this section.
(3) The legislative body of a public transportation benefit area
located in a county with a population of seven hundred thousand or more
that also contains a city with a population of seventy-five thousand or
more operating a transit system pursuant to chapter 35.95 RCW may
submit an authorizing proposition to the voters and, if approved by a
majority of persons voting on the proposition, impose a sales and use
tax in accordance with the terms of this chapter of one-tenth, two-tenths, or three-tenths of 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, in addition to the rate in subsection (1) of this section.
Sec. 407 RCW 82.80.140 and 2010 c 161 s 917 are each amended to
read as follows:
(1) Subject to the provisions of RCW 36.73.065, a transportation
benefit district under chapter 36.73 RCW may fix and impose an annual
vehicle fee, not to exceed one hundred dollars per vehicle registered
in the district, for each vehicle subject to vehicle license fees under
RCW 46.17.350(1) (a), (c), (d), (e), (g), (h), (j), or (n) through (q)
and for each vehicle subject to gross weight license fees under RCW
46.17.355 with a scale weight of six thousand pounds or less.
(2)(a) A district that includes all the territory within the
boundaries of the jurisdiction, or jurisdictions, establishing the
district, but not including territory in which a fee is currently being
collected under this section, may impose by a majority vote of the
governing board of the district up to ((twenty)) forty dollars of the
vehicle fee authorized in subsection (1) of this section.
(i) If the district is countywide, the revenues of the fee
((shall)) must be distributed to each city within the ((county))
district by interlocal agreement that must be effective prior to
imposition of the fee. The interlocal agreement is effective when
approved by the ((county)) district and sixty percent of the cities
representing seventy-five percent of the population of the cities
within the ((county)) district in which the countywide fee is
collected.
(ii) If the district is less than countywide, the revenues of the
fee must be distributed to each city within the district by interlocal
agreement that must be effective prior to imposition of the fee.
(b) A district may not impose a fee under this subsection (2):
(i) For a passenger-only ferry transportation improvement unless
the vehicle fee is first approved by a majority of the voters within
the jurisdiction of the district; or
(ii) That, if combined with the fees previously imposed by another
district within its boundaries under RCW 36.73.065(4)(a)(i), exceeds
((twenty)) forty dollars.
If a district imposes or increases a fee under this subsection (2)
that, if combined with the fees previously imposed by another district
within its boundaries, exceeds ((twenty)) forty dollars, the district
shall provide a credit for the previously imposed fees so that the
combined vehicle fee does not exceed ((twenty)) forty dollars.
(3) The department of licensing shall administer and collect the
fee. The department shall deduct a percentage amount, as provided by
contract, not to exceed one percent of the fees collected, for
administration and collection expenses incurred by it. The department
shall remit remaining proceeds to the custody of the state treasurer.
The state treasurer shall distribute the proceeds to the district on a
monthly basis.
(4) No fee under this section may be collected until six months
after approval under RCW 36.73.065.
(5) The vehicle fee under this section applies only when renewing
a vehicle registration, and is effective upon the registration renewal
date as provided by the department of licensing.
(6) The following vehicles are exempt from the fee under this
section:
(a) Campers, as defined in RCW 46.04.085;
(b) Farm tractors or farm vehicles, as defined in RCW 46.04.180 and
46.04.181;
(c) Mopeds, as defined in RCW 46.04.304;
(d) Off-road and nonhighway vehicles, as defined in RCW 46.04.365;
(e) Private use single-axle trailer, as defined in RCW 46.04.422;
(f) Snowmobiles, as defined in RCW 46.04.546; and
(g) Vehicles registered under chapter 46.87 RCW and the
international registration plan.
NEW SECTION. Sec. 408 A new section is added to chapter 82.14
RCW to read as follows:
(1)(a) The tax authorized under RCW 82.14.045 may also be imposed
by the legislative body of an enhanced public transportation zone
established under subsection (2) of this section if approved by the
voters in the enhanced public transportation zone in the manner
provided for in this section. The establishing transit agency must
consult with the department on sales tax collection methods when
establishing the boundaries of the enhanced public transportation zone.
(b) A tax imposed under (a) of this subsection, when combined with
the rate of tax imposed by the establishing transit agency under RCW
82.14.045, may not exceed the maximum rate allowed under RCW 82.14.045,
and expires either (i) five years after imposition, unless reauthorized
by the voters in the enhanced public transportation zone in the manner
provided for in this section, or (ii) upon failure of a
reauthorization. Prior to reauthorization, the enhanced public
transportation zone boundaries must be readjusted, if necessary, to
meet the provisions under subsection (2)(c) of this section. A tax
imposed under (a) of this subsection must be imposed only in the
territory of the enhanced public transportation zone. The revenue from
the tax imposed under (a) of this subsection must be expended only for
public transportation service within the enhanced public transportation
zone and must not supplant existing revenues allocated to the enhanced
public transportation zone.
(c) Six months prior to the voter authorization or reauthorization
of the tax authorized under (a) of this subsection, the establishing
transit agency must determine a baseline level of fixed-route public
transportation service. This baseline level of service must be
publicly posted on the web site of the establishing transit agency.
Upon the collection of the tax imposed under (a) of this subsection,
fixed-route public transportation service within the enhanced public
transportation zone must increase proportionally to additional revenue
generated within the enhanced public transportation zone. Service
hours within the enhanced public transportation zone must increase from
the baseline level in accordance with the establishing transit agency's
most recent cost of fixed-route public transportation per service hour,
as approved by the national transit database. A report on the increase
in public transportation service must be publicly posted annually on
the establishing transit agency's web site.
(2)(a) The legislative body of a transit agency may establish an
enhanced public transportation zone within a portion of the boundaries
of the transit agency establishing the enhanced public transportation
zone. An enhanced public transportation zone may include all or a
portion of any county, city, or town as long as all or a portion of the
county, city, or town is within the territory of the establishing
transit agency. However, the legislative body of a city, town, or
county may pass a resolution removing all or a portion of its
jurisdiction from the enhanced public transportation zone, prior to
creation of the zone, or at the time of reauthorization of the zone.
The boundaries of any enhanced public transportation zone must follow
election precinct lines as far as practicable. When creating the zone
boundaries, the establishing transit agency must attempt to include a
significant amount of the population that the establishing transit
agency designated as low income or minority for purposes of Title VI of
the federal civil rights act of 1964. An enhanced public
transportation zone may not include more than forty-nine percent of the
population of the establishing transit agency.
(b) The members of the legislative body of the transit agency
proposing to establish the enhanced public transportation zone, acting
ex officio and independently, constitutes the legislative body of the
enhanced public transportation zone.
(c) An enhanced public transportation zone may establish, finance,
and provide a public transportation system within its boundaries in the
same manner as authorized for the transit agency establishing the
enhanced public transportation zone. However, the establishing transit
agency must adopt a resolution or ordinance finding that the enhanced
public transportation zone warrants consistent and sustainable
transportation service levels of passenger capacity, speed, and service
frequency to serve persons within the enhanced public transportation
zone that would otherwise be substantially disadvantaged if the
enhanced public transportation zone were not created.
(d) An enhanced public transportation zone constitutes a body
corporate and possesses all the usual powers of a corporation for
public purposes as well as all other powers that may be conferred by
statute including, but not limited to, the authority to hire employees,
staff, and services, to enter into contracts, to acquire, hold, and
dispose of real and personal property, and to sue and be sued. Public
works contract limits applicable to the transit agency that established
the enhanced public transportation zone also apply to the enhanced
public transportation zone.
(e) An enhanced public transportation zone may be dissolved by a
majority vote of its legislative body when all contractual obligations
of the enhanced public transportation zone have either been discharged
or assumed by another governmental entity.
(3) For the purposes of this section:
(a) "Enhanced public transportation zone" means a quasi-municipal
corporation and independent taxing authority within the meaning of
Article VII, section 1 of the state Constitution, and a taxing district
within the meaning of Article VII, section 2 of the state Constitution,
created by the legislative body of a transit agency.
(b) "Transit agency" means a city-owned transit system, an
unincorporated transportation benefit area, a county transportation
authority, a metropolitan municipal corporation within a county with a
population of one million or more, and a public transportation benefit
area.
NEW SECTION. Sec. 409 A new section is added to chapter 36.57A
RCW to read as follows:
(1) A governing body of a public transportation benefit area may
establish one or more passenger-only ferry service districts within all
or a portion of the boundaries of the public transportation benefit
area establishing the passenger-only ferry service district. A
passenger-only ferry service district may include all or a portion of
a city or town as long as all or a portion of the city or town
boundaries are within the boundaries of the establishing public
transportation benefit area. The members of the public transportation
benefit area governing body proposing to establish the passenger-only
ferry service district, acting ex officio and independently, shall
constitute the governing body of the passenger-only ferry service
district.
(2) A passenger-only ferry service district may establish, finance,
and provide passenger-only ferry service, and associated services to
support and augment passenger-only ferry service operation, within its
boundaries in the same manner as authorized for public transportation
benefit areas under this chapter.
(3) A passenger-only ferry service district constitutes a body
corporate and possesses all the usual powers of a corporation for
public purposes as well as all other powers that may be conferred by
statute including, but not limited to, the authority to hire employees,
staff, and services, to enter into contracts, to acquire, hold, and
dispose of real and personal property, and to sue and be sued. Public
works contract limits applicable to the public transportation benefit
area that established the passenger-only ferry service district apply
to the area. For purposes of this section, "passenger-only ferry
service district" means a quasi-municipal corporation and independent
taxing authority within the meaning of Article VII, section 1 of the
state Constitution, and a taxing district within the meaning of Article
VII, section 2 of the state Constitution, created by the legislative
body of a public transportation benefit area.
(4) A passenger-only ferry service district may exercise the power
of eminent domain to obtain property for its authorized purposes in the
same manner as authorized for the public transportation benefit area
that established the passenger-only ferry service district.
(5) Before a passenger-only ferry service district may provide
passenger-only ferry service, it must develop a passenger-only ferry
investment plan including elements to operate or contract for the
operation of passenger-only ferry services; to purchase, lease, or rent
ferry vessels and dock facilities for the provision of transit service;
and to identify other activities necessary to implement the plan. The
plan must set forth terminal locations to be served, projected costs of
providing services, and revenues to be generated from tolls, locally
collected tax revenues, and other revenue sources. The plan must
ensure that services provided under the plan are for the benefit of the
residents of the passenger-only ferry service district. The passenger-
only ferry service district may use any of its powers to carry out this
purpose, unless otherwise prohibited by law. In addition, the
passenger-only ferry service district may enter into contracts and
agreements to operate passenger-only ferry service and public-private
partnerships and design-build, general contractor/construction
management, or other alternative procurement processes substantially
consistent with chapter 39.10 RCW.
(6) A passenger-only ferry service district may be dissolved by a
majority vote of the governing body when all obligations under any
general obligation bonds issued by the passenger-only ferry service
district have been discharged and any other contractual obligations of
the passenger-only ferry service district have either been discharged
or assumed by another governmental entity.
NEW SECTION. Sec. 410 A new section is added to chapter 36.57A
RCW to read as follows:
(1) A passenger-only ferry service district may, as part of a
passenger-only ferry investment plan, recommend some or all of the
following revenue sources as provided in this chapter:
(a) A sales and use tax, as provided in section 411 of this act;
(b) A parking tax, as provided in RCW 82.80.030;
(c) Tolls for passengers and packages and, where applicable,
parking; and
(d) Charges or licensing fees for advertising, leasing space for
services to ferry passengers, and other revenue generating activities.
(2) Taxes may not be imposed without an affirmative vote of the
majority of the voters within the boundaries of the passenger-only
ferry service district voting on a single ballot proposition to both
approve a passenger-only ferry investment plan and to approve taxes to
implement the plan. Revenues from these taxes and fees may be used
only to implement the plan and must be used for the benefit of the
residents of the passenger-only ferry service district. A district may
contract with the state department of revenue or other appropriate
entities for administration and collection of any of the taxes or
charges authorized in this section.
NEW SECTION. Sec. 411 A new section is added to chapter 82.14
RCW to read as follows:
Passenger-only ferry service districts providing passenger-only
ferry service as provided in section 409 of this act may submit an
authorizing proposition to the voters and, if approved by a majority of
persons voting, fix and impose a sales and use tax in accordance with
the terms of this chapter, solely for the purpose of providing
passenger-only ferry service and associated services to support and
augment passenger-only ferry service operation.
The tax authorized by this section is in addition to other taxes
authorized by law and must be collected from those persons who are
taxable by the state under chapters 82.08 and 82.12 RCW upon the
occurrence of a taxable event within the taxing district. The maximum
rate of the tax must be approved by the voters and may not exceed six-tenths of 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.
Sec. 412 RCW 82.80.005 and 2002 c 56 s 415 are each amended to
read as follows:
For the purposes of this chapter, "district" means a regional
transportation investment district created under chapter 36.120 RCW or
a passenger-only ferry service district created under chapter 36.57A
RCW.
NEW SECTION. Sec. 413 A new section is added to chapter 36.57A
RCW to read as follows:
(1) A passenger-only ferry service district may form a local
improvement district to provide any transportation improvement it has
the authority to provide, impose special assessments on all property
specially benefited by the transportation improvements, and issue
special assessment bonds or revenue bonds to fund the costs of the
transportation improvement. Local improvement districts shall be
created and assessments shall be made and collected pursuant to
chapters 35.43, 35.44, 35.49, 35.50, 35.51, 35.53, and 35.54 RCW.
(2) The governing body of the passenger-only ferry service district
shall by resolution establish for each special assessment bond issue
the amount, date, terms, conditions, denominations, maximum fixed or
variable interest rate or rates, maturity or maturities, redemption
rights, registration privileges, if any, covenants, and form, including
registration as to principal and interest, registration as to principal
only, or bearer. Registration may include, but not be limited to: (a)
A book entry system of recording the ownership of a bond whether or not
physical bonds are issued; or (b) recording the ownership of a bond
together with the requirement that the transfer of ownership may only
be effected by the surrender of the old bond and either the reissuance
of the old bond or the issuance of a new bond to the new owner.
Facsimile signatures may be used on the bonds and any coupons. The
maximum term of any special assessment bonds shall not exceed thirty
years beyond the date of issue. Special assessment bonds issued
pursuant to this section shall not be an indebtedness of the passenger-only ferry service district issuing the bonds, and the interest and
principal on the bonds shall only be payable from special assessments
made for the improvement for which the bonds were issued and any local
improvement guaranty fund that the passenger-only ferry service
district has created. The owner or bearer of a special assessment bond
or any interest coupon issued pursuant to this section shall not have
any claim against the passenger-only ferry service district arising
from the bond or coupon except for the payment from special assessments
made for the improvement for which the bonds were issued and any local
improvement guaranty fund the passenger-only ferry service district has
created. The passenger-only ferry service district issuing the special
assessment bonds is not liable to the owner or bearer of any special
assessment bond or any interest coupon issued pursuant to this section
for any loss occurring in the lawful operation of its local improvement
guaranty fund. The substance of the limitations included in this
subsection shall be plainly printed, written, or engraved on each
special assessment bond issued pursuant to this section.
(3) Assessments shall reflect any credits given by the passenger-only ferry service district for real property or property right
donations made pursuant to RCW 47.14.030.
(4) The governing body of the passenger-only ferry service district
may establish and pay moneys into a local improvement guaranty fund to
guarantee special assessment bonds issued by the passenger-only ferry
service district.
NEW SECTION. Sec. 414 A new section is added to chapter 36.57A
RCW to read as follows:
(1) To carry out the purposes of this chapter, a passenger-only
ferry service district may issue general obligation bonds, not to
exceed an amount, together with any other outstanding nonvoter-approved
general obligation indebtedness, equal to one and one-half percent of
the value of the taxable property within the area, as the term "value
of the taxable property" is defined in RCW 39.36.015. A passenger-only
ferry service district may also issue general obligation bonds for
capital purposes only, together with any outstanding general obligation
indebtedness, not to exceed an amount equal to five percent of the
value of the taxable property within the area, as the term "value of
the taxable property" is defined in RCW 39.36.015, when authorized by
the voters of the area pursuant to Article VIII, section 6 of the state
Constitution.
(2) General obligation bonds with a maturity in excess of twenty-five years shall not be issued. The governing body of the passenger-only ferry service district shall by resolution determine for each
general obligation bond issue the amount, date, terms, conditions,
denominations, maximum fixed or variable interest rate or rates,
maturity or maturities, redemption rights, registration privileges,
manner of execution, manner of sale, callable provisions, if any,
covenants, and form, including registration as to principal and
interest, registration as to principal only, or bearer. Registration
may include, but not be limited to: (a) A book entry system of
recording the ownership of a bond whether or not physical bonds are
issued; or (b) recording the ownership of a bond together with the
requirement that the transfer of ownership may only be effected by the
surrender of the old bond and either the reissuance of the old bond or
the issuance of a new bond to the new owner. Facsimile signatures may
be used on the bonds and any coupons. Refunding general obligation
bonds may be issued in the same manner as general obligation bonds are
issued.
(3) Whenever general obligation bonds are issued to fund specific
projects or enterprises that generate revenues, charges, user fees, or
special assessments, the passenger-only ferry service district may
specifically pledge all or a portion of the revenues, charges, user
fees, or special assessments to refund the general obligation bonds.
The passenger-only ferry service district may also pledge any other
revenues that may be available to the area.
(4) In addition to general obligation bonds, a passenger-only ferry
service district may issue revenue bonds to be issued and sold in
accordance with chapter 39.46 RCW.
NEW SECTION. Sec. 501 A new section is added to chapter 47.46
RCW to read as follows:
(1) A Washington electric vehicle infrastructure bank is hereby
established. The Washington electric vehicle infrastructure bank shall
provide financial assistance for the installation of publicly
accessible electric vehicle charging stations within the state.
(2) Electric vehicle infrastructure receiving financial assistance
must include both DC fast-charging stations and level 1 or 2 electric
vehicle supply equipment. The department must confer with the
Washington department of commerce, and seek input from experts
representing local government, public utilities, electric vehicle
manufacturer representatives, and current Washington state electric
vehicle drivers to review information and advise the department on
policies and priorities for deployment of public charging station
locations.
(3) The department's public-private partnerships office must
administer all funds dispersed and received, including any funds
received under RCW 46.17.323 and deposited into the transportation
innovative partnership account created under RCW 47.29.230. Prior to
providing any financial assistance for electric vehicle infrastructure
projects, the department must submit a business plan to the house of
representatives and senate transportation committees of the legislature
and to the governor's office.
(4) Annual progress reports must be transmitted to the legislature
and governor as of December 1st of each year.
(5) This section expires July 1, 2023.
NEW SECTION. Sec. 502 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. 503 Sections 101 through 105, 107 through 109,
and 301 through 310 of this act take effect August 1, 2013.
NEW SECTION. Sec. 504 Sections 201 through 212 of this act take
effect July 1, 2015.
NEW SECTION. Sec. 505 Sections 401 through 414 of this act take
effect January 1, 2014.
NEW SECTION. Sec. 506 Section 105 of this act expires on the
date the requirements set out in section 7, chapter 36, Laws of 2012
are met.
NEW SECTION. Sec. 507 Section 106 of this act takes effect on
the date the requirements set out in section 7, chapter 36, Laws of
2012 are met.
NEW SECTION. Sec. 508 Section 307 of this act expires on the
effective date of legislation enacted by the legislature that imposes
a vehicle miles traveled fee or tax.
NEW SECTION. Sec. 509 The additional and cumulative tax rates in
section 101(10) and 102(10) of this act shall be imposed beginning July
1, 2015, unless the secretary of transportation certifies to the
governor that the department of transportation has received
satisfactory evidence that sufficient funding will be available to
complete construction on state route number 520 between Interstate 5
and the state route number 520 floating bridge in a manner consistent
with the record of decision published on August 4, 2011. If the
secretary of transportation determines that insufficient funding will
be available to complete construction on state route number 520 between
Interstate 5 and the state route number 520 floating bridge in a manner
consistent with the record of decision published on August 4, 2011, the
secretary must determine the motor vehicle fuel and special fuel tax
rates, of up to three cents per gallon, that are necessary to fund
sufficient general obligation bonds authorized by chapter . . .
(Substitute House Bill No. 1956), Laws of 2013 (authorizing bonds for
transportation funding) to complete construction on state route number
520 between Interstate 5 and the state route number 520 floating bridge
in a manner consistent with the record of decision published on August
4, 2011, and certify that amount to the governor, which are the motor
fuel and special fuel tax rates that take effect July 1, 2015.
NEW SECTION. Sec. 510 The secretary of transportation must
provide notice that the governor has received the certification of
sufficient funding as described in section 509 of this act to the chief
clerk of the house of representatives, the secretary of the senate, the
office of the code reviser, and others as deemed appropriate by the
secretary.