BILL REQ. #: S-4845.1
State of Washington | 63rd Legislature | 2014 Regular Session |
Read first time 03/03/14. Referred to Committee on Transportation.
AN ACT Relating to transportation revenue; amending RCW 82.36.025, 82.38.030, 82.38.030, 46.68.090, 46.68.090, 46.09.520, 46.10.530, 79A.25.070, 46.17.355, 46.17.365, 46.17.323, 46.25.052, 46.25.060, 46.25.100, 46.20.202, 36.73.015, 36.73.020, 36.73.065, 82.14.045, 82.80.140, and 81.77.170; reenacting and amending RCW 43.84.092, 43.84.092, and 46.09.520; adding a new section to chapter 46.68 RCW; adding a new section to chapter 46.37 RCW; adding a new section to chapter 82.80 RCW; adding a new section to chapter 47.29 RCW; creating new sections; repealing RCW 82.36.029 and 82.38.083; prescribing penalties; providing contingent effective dates; providing an expiration date; 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 July 1, 2014, an additional and cumulative motor
vehicle fuel tax rate of four 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 July 1, 2014, an additional and cumulative tax rate
of four 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) 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 82.38.030 and 2013 c 225 s 103 are each amended to
read as follows:
(1) There is levied and imposed upon fuel licensees a tax at the
rate of twenty-three cents per gallon of 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 fuel, or each one hundred cubic feet of
compressed natural gas, measured at standard pressure and temperature
is imposed on fuel licensees. 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 fuel, or each one hundred cubic feet of
compressed natural gas, measured at standard pressure and temperature
is imposed on fuel licensees.
(4) Beginning July 1, 2006, an additional and cumulative tax rate
of three cents per gallon of fuel, or each one hundred cubic feet of
compressed natural gas, measured at standard pressure and temperature
is imposed on fuel licensees.
(5) Beginning July 1, 2007, an additional and cumulative tax rate
of two cents per gallon of fuel, or each one hundred cubic feet of
compressed natural gas, measured at standard pressure and temperature
is imposed on fuel licensees.
(6) Beginning July 1, 2008, an additional and cumulative tax rate
of one and one-half cents per gallon of fuel, or each one hundred cubic
feet of compressed natural gas, measured at standard pressure and
temperature is imposed on fuel licensees.
(7) Beginning July 1, 2014, an additional and cumulative tax rate
of four cents per gallon of fuel, or each one hundred cubic feet of
compressed natural gas, measured at standard pressure and temperature
is imposed on fuel licensees.
(8) Beginning July 1, 2015, an additional and cumulative tax rate
of four cents per gallon of fuel, or each one hundred cubic feet of
compressed natural gas, measured at standard pressure and temperature
is imposed on fuel licensees.
(9) Beginning July 1, 2016, an additional and cumulative motor
vehicle fuel tax rate of three and one-half cents per gallon of fuel,
or each one hundred cubic feet of compressed natural gas, measured at
standard pressure and temperature is imposed on fuel licensees.
(10) Taxes are imposed when:
(a) Fuel is removed in this state from a terminal if the fuel is
removed at the rack unless the removal is by a licensed supplier or
distributor for direct delivery to a destination outside of the state,
or the removal is by a fuel supplier for direct delivery to an
international fuel tax agreement licensee under RCW 82.38.320;
(b) 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 fuel immediately before the removal is not a licensed supplier; or
(ii) The removal is at the refinery rack unless the removal is to
a licensed supplier or distributor for direct delivery to a destination
outside of the state, or the removal is to a licensed supplier for
direct delivery to an international fuel tax agreement licensee under
RCW 82.38.320;
(c) 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
licensed supplier; or
(ii) The entry is not by bulk transfer;
(d) Fuel enters this state by means outside the bulk transfer-terminal system and is delivered directly to a licensed terminal unless
the owner is a licensed distributor or supplier;
(e) Fuel is sold or removed in this state to an unlicensed entity
unless there was a prior taxable removal, entry, or sale of the fuel;
(f) Blended fuel is removed or sold in this state by the blender of
the fuel. The number of gallons of blended fuel subject to tax is the
difference between the total number of gallons of blended fuel removed
or sold and the number of gallons of previously taxed fuel used to
produce the blended fuel;
(g) Dyed special fuel is used on a highway, as authorized by the
internal revenue code, unless the use is exempt from the fuel tax;
(h) Dyed special fuel is held for sale, sold, used, or is intended
to be used in violation of this chapter;
(i) Special fuel purchased by an international fuel tax agreement
licensee under RCW 82.38.320 is used on a highway; and
(j) Fuel is sold by a licensed fuel supplier to a fuel distributor
or fuel blender and the fuel is not removed from the bulk transfer-terminal system.
Sec. 104 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))) (8) 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)
and 82.38.030(7) shall be distributed to the connecting
Washington account created in section 106 of this act.
(8) 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.
Sec. 105 RCW 46.68.090 and 2013 c 225 s 645 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 must be first
expended for purposes enumerated in (a) and (b) of this subsection.
The remaining net tax amount must be distributed monthly by the state
treasurer in accordance with subsections (2) through (((7))) (8) 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 must be distributed monthly.
(2) All of the remaining net tax amount collected under RCW
82.38.030(1) must 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)(i) 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.
(ii) The following criteria, listed in order of priority, must be
used in determining which special category C projects have the highest
priority:
(A) Accident experience;
(B) Fatal accident experience;
(C) Capacity to move people and goods safely and at reasonable
speeds without undue congestion; and
(D) Continuity of development of the highway transportation
network.
(iii) 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 must 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 must 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 must be used for improvements to sustain the structural,
safety, and operational integrity of county arterials. The county road
administration board must 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 82.38.030(2)
must be distributed to the transportation 2003 account (nickel
account).
(4) The remaining net tax amount collected under RCW 82.38.030(3)
must be distributed as follows:
(a) 8.3333 percent must be distributed to the incorporated cities
and towns of the state in accordance with RCW 46.68.110;
(b) 8.3333 percent must be distributed to counties of the state in
accordance with RCW 46.68.120; and
(c) The remainder must be distributed to the transportation
partnership account created in RCW 46.68.290.
(5) The remaining net tax amount collected under RCW 82.38.030(4)
must be distributed as follows:
(a) 8.3333 percent must be distributed to the incorporated cities
and towns of the state in accordance with RCW 46.68.110;
(b) 8.3333 percent must be distributed to counties of the state in
accordance with RCW 46.68.120; and
(c) The remainder must be distributed to the transportation
partnership account created in RCW 46.68.290.
(6) The remaining net tax amount collected under RCW 82.38.030 (5)
and (6) must be distributed to the transportation partnership account
created in RCW 46.68.290.
(7) The remaining net tax amount collected under RCW 82.38.030 (7),
(8), and (9) must be distributed to the connecting Washington account
created in section 106 of this act.
(8) 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. 106 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. Moneys in the account may be spent only after appropriation.
Expenditures from the account must be used only for: (1) Salary
increases for members of the Washington state patrol troopers
association and the Washington state patrol lieutenants association
pursuant to chapter ... (Substitute Senate Bill No. 6102) (sales tax
on transportation construction), Laws of 2014; and (2) projects or
improvements identified as connecting Washington projects or
improvements in a transportation appropriations act, including any
principal and interest on bonds authorized for the projects or
improvements.
Sec. 107 RCW 43.84.092 and 2013 2nd sp.s. c 23 s 24, 2013 2nd
sp.s. c 11 s 15, and 2013 2nd sp.s. c 1 s 15 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 brownfield redevelopment trust fund 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 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 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 multiuse roadway safety 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 works assistance account, the Puget Sound capital
construction account, the Puget Sound ferry operations 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 administration
account, the water pollution control revolving fund, the Western
Washington University capital projects account, the Yakima integrated
plan implementation account, the Yakima integrated plan implementation
revenue recovery account, and the Yakima integrated plan implementation
taxable bond 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. 108 RCW 43.84.092 and 2013 2nd sp.s. c 23 s 25, 2013 2nd
sp.s. c 11 s 16, and 2013 2nd sp.s. c 1 s 16 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 brownfield redevelopment trust fund 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 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 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 multiuse roadway safety 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 works assistance account, the Puget Sound capital
construction account, the Puget Sound ferry operations 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 administration
account, the water pollution control revolving fund, the Western
Washington University capital projects account, the Yakima integrated
plan implementation account, the Yakima integrated plan implementation
revenue recovery account, and the Yakima integrated plan implementation
taxable bond 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. 109 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; and (f) twenty-seven cents per gallon of motor vehicle fuel
beginning July 1, 2014, 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. 110 RCW 46.09.520 and 2014 c . . . s 109 (section 109 of
this act) are each amended to read as follows:
(1) From time to time, but at least once each year, the state
treasurer must refund from the motor vehicle fund one percent of the
motor vehicle fuel tax revenues collected under chapter 82.38 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; (e) twenty-three
cents per gallon of motor vehicle fuel beginning July 1, 2011; ((and))
(f) twenty-seven cents per gallon of motor vehicle fuel beginning July
1, 2014; (g) thirty-one cents per gallon of motor vehicle fuel
beginning July 1, 2015; and (h) thirty-four and one-half cents per
gallon of motor vehicle fuel beginning July 1, 2016, and thereafter,
less proper deductions for refunds and costs of collection as provided
in RCW 46.68.090.
(2) The treasurer must place these funds in the general fund as
follows:
(a) Thirty-six percent must 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 must 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 must 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 must 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 must 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) are 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. 111 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-seven cents
per gallon of motor vehicle fuel beginning July 1, 2014; (7) thirty-one
cents per gallon of motor vehicle fuel beginning July 1, 2015; and (8)
thirty-four and one-half cents per gallon of motor vehicle fuel
beginning July 1, 2016, and thereafter.
Sec. 112 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-seven cents per gallon of motor
vehicle fuel beginning July 1, 2014; (7) thirty-one cents per gallon of
motor vehicle fuel beginning July 1, 2015; and (8) thirty-four and one-half cents per gallon of motor vehicle fuel beginning July 1, 2016, and
thereafter, to the recreation resource account and the remainder to the
motor vehicle fund.
NEW SECTION. Sec. 113 The following acts or parts of acts are
each repealed:
(1) RCW 82.36.029 (Deductions -- Handling losses -- Reports) and 1998
c 176 s 10; and
(2) RCW 82.38.083 and 2013 c 225 s 205.
Sec. 201 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 | (( | (( |
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 |
Sec. 202 RCW 46.17.365 and 2010 c 161 s 533 are each amended to
read as follows:
(1) A person applying for a motor vehicle registration and paying
the vehicle license fee required in RCW 46.17.350(1) (a), (d), (e),
(h), (j), (n), and (o) shall pay a motor vehicle weight fee in addition
to all other fees and taxes required by law. The motor vehicle weight
fee:
(a) Must be based on the motor vehicle scale weight as follows:
WEIGHT | FEE |
4,000 pounds | $ 25.00 |
6,000 pounds | $ 45.00 |
8,000 pounds to 14,000 pounds | $ 65.00 |
16,000 pounds and over | $ 72.00; |
NEW SECTION. Sec. 203 Sections 201 and 202 of this act apply to
vehicle registrations that are due or become due on or after November
1, 2014.
Sec. 204 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 401 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. 205 RCW 46.25.052 and 2013 c 224 s 5 are each amended to
read as follows:
(1) The department may issue a CLP to an applicant who is at least
eighteen years of age and holds a valid Washington state driver's
license and who has:
(a) Submitted an application on a form or in a format provided by
the department;
(b) Passed the general knowledge examination required for issuance
of a CDL under RCW 46.25.060 for the commercial motor vehicle
classification in which the applicant operates or expects to operate;
and
(c) Paid the appropriate examination fee or fees and an application
fee of ((ten)) forty dollars.
(2) A CLP must be marked "commercial learner's permit" or "CLP,"
and must be, to the maximum extent practicable, tamperproof. Other
than a photograph of the applicant, it must include, but not be limited
to, the information required on a CDL under RCW 46.25.080(1).
(3) The holder of a CLP may drive a commercial motor vehicle on a
highway only when in possession of a valid driver's license and
accompanied by the holder of a valid CDL who has the proper CDL
classification and endorsement or endorsements necessary to operate the
commercial motor vehicle. The CDL holder must at all times be
physically present in the front seat of the vehicle next to the CLP
holder or, in the case of a passenger vehicle, directly behind or in
the first row behind the driver and must have the CLP holder under
observation and direct supervision.
(4) A CLP may be classified in the same manner as a CDL under RCW
46.25.080(2)(a).
(5) CLPs may be issued with only P, S, or N endorsements as
described in RCW 46.25.080(2)(b).
(a) The holder of a CLP with a P endorsement must have taken and
passed the P endorsement knowledge examination. The holder of a CLP
with a P endorsement is prohibited from operating a commercial motor
vehicle carrying passengers other than authorized employees or
representatives of the department and the federal motor carrier safety
administration, examiners, other trainees, and the CDL holder
accompanying the CLP holder as required under subsection (2) of this
section. The P endorsement must be class specific.
(b) The holder of a CLP with an S endorsement must have taken and
passed the S endorsement knowledge examination. The holder of a CLP
with an S endorsement is prohibited from operating a school bus with
passengers other than authorized employees or representatives of the
department and the federal motor carrier safety administration,
examiners, other trainees, and the CDL holder accompanying the CLP
holder as required under subsection (2) of this section.
(c) The holder of a CLP with an N endorsement must have taken and
passed the N endorsement knowledge examination. The holder of a CLP
with an N endorsement may only operate an empty tank vehicle and is
prohibited from operating any tank vehicle that previously contained
hazardous materials and has not been purged of any residue.
(6) A CLP may be issued with appropriate restrictions as described
in RCW 46.25.080(2)(c). In addition, a CLP may be issued with the
following restrictions:
(a) "P" restricts the driver from operating a bus with passengers;
(b) "X" restricts the driver from operating a tank vehicle that
contains cargo; and
(c) Any restriction as established by rule of the department.
(7) The holder of a CLP is not authorized to operate a commercial
motor vehicle transporting hazardous materials.
(8) A CLP may not be issued for a period to exceed one hundred
eighty days. The department may renew the CLP for one additional one
hundred eighty-day period without requiring the CLP holder to retake
the general and endorsement knowledge examinations.
(9) The department must transmit the fees collected for CLPs to the
state treasurer for deposit in the highway safety fund.
Sec. 206 RCW 46.25.060 and 2013 c 224 s 6 are each amended to
read as follows:
(1)(a) No person may be issued a commercial driver's license unless
that person:
(i) Is a resident of this state;
(ii) Has successfully completed a course of instruction in the
operation of a commercial motor vehicle that has been approved by the
director or has been certified by an employer as having the skills and
training necessary to operate a commercial motor vehicle safely;
(iii) If he or she does not hold a valid commercial driver's
license of the appropriate classification, has been issued a commercial
learner's permit under RCW 46.25.052; and
(iv) Has passed a knowledge and skills examination for driving a
commercial motor vehicle that complies with minimum federal standards
established by federal regulation enumerated in 49 C.F.R. Part 383,
subparts F, G, and H, in addition to other requirements imposed by
state law or federal regulation. The department may not allow the
person to take the skills examination during the first fourteen days
after initial issuance of the person's commercial learner's permit.
The examinations must be prescribed and conducted by the department.
(b) In addition to the fee charged for issuance or renewal of any
license, the applicant shall pay a fee of no more than ((ten)) thirty-five dollars for ((each)) the classified knowledge examination,
classified endorsement knowledge examination, or any combination of
classified license and endorsement knowledge examinations. The
applicant shall pay a fee of no more than ((one)) two hundred fifty
dollars for each classified skill examination or combination of
classified skill examinations conducted by the department.
(c) The department may authorize a person, including an agency of
this or another state, an employer, a private driver training facility,
or other private institution, or a department, agency, or
instrumentality of local government, to administer the skills
examination specified by this section under the following conditions:
(i) The examination is the same which would otherwise be
administered by the state;
(ii) The third party has entered into an agreement with the state
that complies with the requirements of 49 C.F.R. Sec. 383.75; and
(iii) The director has adopted rules as to the third party testing
program and the development and justification for fees charged by any
third party.
(d) If the applicant's primary use of a commercial driver's license
is for any of the following, then the applicant shall pay a fee of no
more than ((seventy-five)) two hundred twenty-five dollars for ((each))
the classified skill examination or combination of classified skill
examinations whether conducted by the department or a third-party
tester:
(i) Public benefit not-for-profit corporations that are federally
supported head start programs; or
(ii) Public benefit not-for-profit corporations that support early
childhood education and assistance programs as described in RCW
43.215.405(2).
(e) If the applicant's primary use of a commercial driver's license
is to drive a school bus, the applicant shall pay a fee of no more than
one hundred dollars for the classified skill examination or combination
of classified skill examinations conducted by the department.
(f) Payment of the examination fees under this subsection entitles
the applicant to take the examination up to two times in order to pass.
(2)(a) The department may waive the skills examination and the
requirement for completion of a course of instruction in the operation
of a commercial motor vehicle specified in this section for a
commercial driver's license applicant who meets the requirements of 49
C.F.R. Sec. 383.77.
(b) An applicant who operates a commercial motor vehicle for
agribusiness purposes is exempt from the course of instruction
completion and employer skills and training certification requirements
under this section. By January 1, 2010, the department shall submit
recommendations regarding the continuance of this exemption to the
transportation committees of the legislature. For purposes of this
subsection (2)(b), "agribusiness" means a private carrier who in the
normal course of business primarily transports:
(i) Farm machinery, farm equipment, implements of husbandry, farm
supplies, and materials used in farming;
(ii) Agricultural inputs, such as seed, feed, fertilizer, and crop
protection products;
(iii) Unprocessed agricultural commodities, as defined in RCW
17.21.020, where such commodities are produced by farmers, ranchers,
vineyardists, or orchardists; or
(iv) Any combination of (b)(i) through (iii) of this subsection.
The department shall notify the transportation committees of the
legislature if the federal government takes action affecting the
exemption provided in this subsection (2)(b).
(3) A commercial driver's license or commercial learner's permit
may not be issued to a person while the person is subject to a
disqualification from driving a commercial motor vehicle, or while the
person's driver's license is suspended, revoked, or canceled in any
state, nor may a commercial driver's license be issued to a person who
has a commercial driver's license issued by any other state unless the
person first surrenders all such licenses, which must be returned to
the issuing state for cancellation.
Sec. 207 RCW 46.25.100 and 2013 c 224 s 12 are each amended to
read as follows:
When a person has been disqualified from operating a commercial
motor vehicle, the person is not entitled to have the commercial
driver's license or commercial learner's permit restored until after
the expiration of the appropriate disqualification period required
under RCW 46.25.090 or until the department has received a drug and
alcohol assessment and evidence is presented of satisfactory
participation in or completion of any required drug or alcohol
treatment program for ending the disqualification under RCW
46.25.090(7). After expiration of the appropriate period and upon
payment of a requalification fee of ((twenty)) thirty-five dollars, or
one hundred fifty dollars if the person has been disqualified under RCW
46.25.090(7), the person may apply for a new, duplicate, or renewal
commercial driver's license or commercial learner's permit as provided
by law. If the person has been disqualified for a period of one year
or more, the person shall demonstrate that he or she meets the
commercial driver's license or commercial learner's permit
qualification standards specified in RCW 46.25.060.
Sec. 208 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.)) 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.
NEW SECTION. Sec. 209 A new section is added to chapter 46.37
RCW to read as follows:
(1)(a) In addition to all other fees imposed on the retail sale of
tires, a five dollar fee is imposed on the retail sale of each new tire
sold that contains studs. For the purposes of this subsection, "new
tire sold that contains studs" means a tire that is manufactured for
vehicle purposes and contains metal studs, and does not include bicycle
tires or retreaded vehicle tires.
(b) The five dollar fee must be paid by the buyer to the seller,
and each seller must collect from the buyer the full amount of the fee.
The fee collected from the buyer by the seller must be paid to the
department of revenue in accordance with RCW 82.32.045; however, the
seller retains ten percent of the fee collected.
(c) The portion of the fee paid to the department of revenue under
(b) of this subsection must be deposited in the motor vehicle fund
created under RCW 46.68.070.
(2) The fee to be collected by the seller, less the ten percent
that the seller retains as specified in subsection (1)(b) of this
section, must be held in trust by the seller until paid to the
department of revenue, and any seller who appropriates or converts the
fee collected to any use other than the payment of the fee on the due
date is guilty of a gross misdemeanor.
(3) Any seller that fails to collect the fee imposed under this
section or, having collected the fee, fails to pay it to the department
of revenue by the date due, whether such failure is the result of the
seller or the result of acts or conditions beyond the seller's control,
is personally liable to the state for the amount of the fee.
(4) The amount of the fee, until paid by the buyer to the seller or
to the department of revenue, constitutes a debt from the buyer to the
seller. Any seller who fails or refuses to collect the fee as required
with the intent to violate this section or to gain some advantage or
benefit and any buyer who refuses to pay the fee due is guilty of a
misdemeanor.
(5) The department of revenue must collect on the business excise
tax return from the businesses selling new tires that contain studs at
retail the number of tires sold and the fee imposed under this section.
The department of revenue must incorporate into its audit cycle a
reconciliation of the number of tires sold and the amount of revenue
collected by the businesses selling new tires that contain studs.
(6) All other applicable provisions of chapter 82.32 RCW have full
force and application with respect to the fee imposed under this
section.
(7) The department of revenue must administer this section.
Sec. 301 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. 302 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. 303 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))
except:
(a) If authorized by the district voters pursuant to RCW 36.73.160;
or
(b) For up to forty dollars of the vehicle fee authorized in RCW
82.80.140 by the governing board of the district if a vehicle fee of
twenty dollars has been imposed for at least twenty-four months.
(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 dollars of the vehicle fee authorized in RCW
82.80.140; ((or))
(ii) Up to forty dollars of the vehicle fee authorized in RCW
82.80.140 if a vehicle fee of twenty dollars has been imposed for at
least twenty-four months; or
(iii) 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: (a) Twenty dollars of the vehicle fee authorized in
RCW 82.80.140; or (b) forty dollars of the vehicle fee authorized in
RCW 82.80.140 if a fee of twenty dollars has been imposed for at least
twenty-four months.
NEW SECTION. Sec. 304 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 a guidebook as determined by the department. 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 forty
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 sixty 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. 305 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, 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 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. 306 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 dollars of the vehicle fee
authorized in subsection (1) of this section or up to forty dollars of
the vehicle fee authorized in subsection (1) of this section if a
twenty dollar vehicle fee has been imposed for at least twenty-four
months.
(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. 401 A new section is added to chapter 47.29
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, 2026.
Sec. 402 RCW 81.77.170 and 1989 c 431 s 36 are each amended to
read as follows:
For rate-making purposes, a fee, charge, or tax on the collection
or disposal of solid waste ((shall be)) is considered a normal
operating expense of the solid waste collection company, including all
taxes and fees imposed or increased under this act. Filing for pass-through of any such fee, charge, or tax is not considered a general
rate proceeding.
NEW SECTION. Sec. 403 The legislature finds that adopting a
low-carbon fuel standard effectively equates to a one dollar per gallon
increase in motor vehicle fuel taxes. The legislature further finds
that any increase in state transportation revenues must be adopted
through the legislative process in the form of duly enacted laws. The
legislature further finds that adopting a low-carbon fuel standard by
executive order or through the agency rule-making process would serve
as an obvious circumvention of the legislative process. Therefore, it
is the strong intent of the legislature that the governor not adopt a
low-carbon fuel standard by executive order or through the agency
rule-making process.
NEW SECTION. Sec. 404 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. 405 Sections 103, 105, and 110 of this act
take effect July 1, 2015, if the conditions in section 411 of this act
are met.
NEW SECTION. Sec. 406 Section 107 of this act expires on the
date the requirements set out in section 7, chapter 36, Laws of 2012
are met, if the conditions in section 411 of this act are met.
NEW SECTION. Sec. 407 Section 108 of this act takes effect on
the date the requirements set out in section 7, chapter 36, Laws of
2012 are met, if the conditions in section 411 of this act are met.
NEW SECTION. Sec. 408 Sections 101, 102, 104, and 109 of this
act expire July 1, 2015, if the conditions in section 411 of this act
are met.
NEW SECTION. Sec. 409 Section 204 of this act expires on the
effective date of legislation enacted by the legislature that imposes
a vehicle miles traveled fee or tax, if the conditions in section 411
of this act are met.
NEW SECTION. Sec. 410 Sections 205 through 209 of this act take
effect January 1, 2015, if the conditions in section 411 of this act
are met.
NEW SECTION. Sec. 411 This act takes effect if chapter . . .
(Senate Bill No. 5858) (ferry capital program reforms), Laws of 2014,
chapter . . . (Senate Bill No. 6099) (storm water permit compliance
activities), Laws of 2014, chapter . . . (Substitute Senate Bill No.
6186) (labor reforms), Laws of 2014, chapter . . . (Senate Bill No.
6156) (environmental permitting), Laws of 2014, chapter . . . (Senate
Bill No. 6051) (omnibus reforms), Laws of 2014, chapter . . . (Senate
Bill No. 6224) (project delivery), Laws of 2014, chapter . . .
(Substitute Senate Bill No. 6102) (sales tax on transportation
construction), Laws of 2014, and chapter . . . (Senate Bill No. 6100)
(adding congestion relief to transportation goals), Laws of 2014 are
each enacted by June 30, 2014.