Text of Initiative 912

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INITIATIVE 912
I, Sam Reed, Secretary of State of the State of Washington and
custodian of its seal, hereby certify that, according to the records on
file in my office, the attached copy of Initiative Measure No. 912 to
the People is a true and correct copy as it was received by this
office.
AN ACT Relating to reducing the motor vehicle fuel tax rate;
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amending RCW 82.36.025 and 46.68.090; and creating new sections.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
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POLICIES AND PURPOSES
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NEW SECTION.
Sec. 1. In 2002 voters overwhelmingly rejected a
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nine cent per gallon increase to the motor vehicle fuel tax rate.
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Since that time, politicians have voted to increase the motor vehicle
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fuel tax rate by fourteen and one-half cents per gallon. This measure
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would repeal the most recent increase to the motor vehicle fuel tax
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rate of nine and one-half cents.
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REPEALING THE 9 AND ONE-HALF CENT INCREASE
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IN THE MOTOR VEHICLE FUEL TAX RATE
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Sec. 2. RCW 82.36.025 and 2005 c ... (ESSB 6103) s 101 are each
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amended to read as follows:
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(1) A motor vehicle fuel tax rate of twenty-three cents per gallon
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applies to the sale, distribution, or use of motor vehicle fuel.
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(2) Beginning July 1, 2003, an additional and cumulative motor
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vehicle fuel tax rate of five cents per gallon applies to the sale,
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distribution, or use of motor vehicle fuel. This subsection (2)
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expires when the bonds issued for transportation 2003 projects are
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retired.
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(((3) Beginning July 1, 2005, an additional and cumulative motor
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vehicle fuel tax rate of three cents per gallon applies to the sale,
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distribution, or use of motor vehicle fuel.
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(4) Beginning July 1, 2006, an additional and cumulative motor
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vehicle fuel tax rate of three cents per gallon applies to the sale,
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distribution, or use of motor vehicle fuel.
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(5) Beginning July 1, 2007, an additional and cumulative motor
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vehicle fuel tax rate of two cents per gallon applies to the sale,
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distribution, or use of motor vehicle fuel.
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(6) Beginning July 1, 2008, an additional and cumulative motor
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vehicle fuel tax rate of one and one-half cents per gallon applies to
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the sale, distribution, or use of motor vehicle fuel.))
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Sec. 3. RCW 46.68.090 and 2005 c ... (ESSB 6103) s 103 are each
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amended to read as follows:
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(1) All moneys that have accrued or may accrue to the motor vehicle
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fund from the motor vehicle fuel tax and special fuel tax shall be
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first expended for purposes enumerated in (a) and (b) of this
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subsection. The remaining net tax amount shall be distributed monthly
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by the state treasurer in accordance with subsections (2) through (7)
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of this section.
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(a) For payment of refunds of motor vehicle fuel tax and special
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fuel tax that has been paid and is refundable as provided by law;
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(b) For payment of amounts to be expended pursuant to
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appropriations for the administrative expenses of the offices of state
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treasurer, state auditor, and the department of licensing of the state
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of Washington in the administration of the motor vehicle fuel tax and
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the special fuel tax, which sums shall be distributed monthly.
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(2) All of the remaining net tax amount collected under RCW
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82.36.025(1) and 82.38.030(1) shall be distributed as set forth in (a)
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through (j) of this section.
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(a) For distribution to the motor vehicle fund an amount equal to
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44.387 percent to be expended for highway purposes of the state as
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defined in RCW 46.68.130;
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(b) For distribution to the special category C account, hereby
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created in the motor vehicle fund, an amount equal to 3.2609 percent to
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be expended for special category C projects. Special category C
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projects are category C projects that, due to high cost only, will
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require bond financing to complete construction.
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The following criteria, listed in order of priority, shall be used
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in determining which special category C projects have the highest
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priority:
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(i) Accident experience;
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(ii) Fatal accident experience;
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(iii) Capacity to move people and goods safely and at reasonable
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speeds without undue congestion; and
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(iv) Continuity of development of the highway transportation
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network.
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Moneys deposited in the special category C account in the motor
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vehicle fund may be used for payment of debt service on bonds the
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proceeds of which are used to finance special category C projects under
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this subsection (2)(b);
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(c) For distribution to the Puget Sound ferry operations account in
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the motor vehicle fund an amount equal to 2.3283 percent;
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(d) For distribution to the Puget Sound capital construction
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account in the motor vehicle fund an amount equal to 2.3726 percent;
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(e) For distribution to the urban arterial trust account in the
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motor vehicle fund an amount equal to 7.5597 percent;
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(f) For distribution to the transportation improvement account in
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the motor vehicle fund an amount equal to 5.6739 percent and expended
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in accordance with RCW 47.26.086;
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(g) For distribution to the cities and towns from the motor vehicle
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fund an amount equal to 10.6961 percent in accordance with RCW
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46.68.110;
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(h) For distribution to the counties from the motor vehicle fund an
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amount equal to 19.2287 percent: (i) Out of which there shall be
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distributed from time to time, as directed by the department of
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transportation, those sums as may be necessary to carry out the
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provisions of RCW 47.56.725; and (ii) less any amounts appropriated to
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the county road administration board to implement the provisions of RCW
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47.56.725(4), with the balance of such county share to be distributed
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monthly as the same accrues for distribution in accordance with RCW
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46.68.120;
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(i) For distribution to the county arterial preservation account,
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hereby created in the motor vehicle fund an amount equal to 1.9565
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percent. These funds shall be distributed by the county road
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administration board to counties in proportions corresponding to the
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number of paved arterial lane miles in the unincorporated area of each
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county and shall be used for improvements to sustain the structural,
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safety, and operational integrity of county arterials. The county road
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administration board shall adopt reasonable rules and develop policies
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to implement this program and to assure that a pavement management
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system is used;
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(j) For distribution to the rural arterial trust account in the
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motor vehicle fund an amount equal to 2.5363 percent and expended in
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accordance with RCW 36.79.020.
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(3) The remaining net tax amount collected under RCW 82.36.025(2)
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and 82.38.030(2) shall be distributed to the transportation 2003
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account (nickel account).
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(4) The remaining net tax amount collected under RCW ((82.36.025(3)
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and)) 82.38.030(3) shall be distributed as follows:
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(a) 8.3333 percent shall be distributed to the incorporated cities
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and towns of the state in accordance with RCW 46.68.110;
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(b) 8.3333 percent shall be distributed to counties of the state in
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accordance with RCW 46.68.120; and
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(c) The remainder shall be distributed to the transportation
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partnership account created in RCW 46.68.--- (section 104, chapter ...
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(ESSB 6103), Laws of 2005).
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(5) The remaining net tax amount collected under RCW ((82.36.025(4)
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and)) 82.38.030(4) shall be distributed as follows:
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(a) 8.3333 percent shall be distributed to the incorporated cities
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and towns of the state in accordance with RCW 46.68.110;
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(b) 8.3333 percent shall be distributed to counties of the state in
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accordance with RCW 46.68.120; and
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(c) The remainder shall be distributed to the transportation
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partnership account created in RCW 46.68.--- (section 104, chapter ...
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(ESSB 6103), Laws of 2005).
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(6) The remaining net tax amount collected under RCW (( 82.36.025
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(5) and (6) and)) 82.38.030 (5) and (6) shall be distributed to the
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transportation partnership account created in RCW 46.68.--- (section
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104, chapter ... (ESSB 6103), Laws of 2005).
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(7) Nothing in this section or in RCW 46.68.130 may be construed so
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as to violate any terms or conditions contained in any highway
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construction bond issues now or hereafter authorized by statute and
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whose payment is by such statute pledged to be paid from any excise
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taxes on motor vehicle fuel and special fuels.
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MISCELLANEOUS
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NEW SECTION.
Sec. 4. The provisions of this act are to be
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liberally construed to effectuate the intent, policies, and purposes of
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this act.
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NEW SECTION.
Sec. 5. If any provision of this act or its
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application to any person or circumstance is held invalid, the
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remainder of the act or the application of the provision to other
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persons or circumstances is not affected. If the repeal or reduction
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of any tax in this act is judicially held to impair any contract in
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existence as of the effective date of this act, any unused taxing
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authority shall be repealed as of the effective date of this act and
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the repeal of pledged revenues shall apply to any other contract,
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including novation, renewal, or refunding (in the case of bond
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contract).
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NEW SECTION. Sec. 6. Part headings used in this act are not part
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of the law.
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