Text of Wa State Initiative 267 - Eyman - not on ballot

The text of this document is an accurate copy of what was
filed by the initiative proponent with the Secretary of State for
assignment of a serial number. The accuracy of code in amendatory
sections has not been verified.
INITIATIVE 267
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. 267 to
the Legislature is a true and correct copy as it was received by this
office.
AN ACT Relating to transportation improvement; amending RCW 82.08.020,
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82.12.045 and 46.61.165; adding new sections to chapter 43.09 RCW; and
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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. During these tough economic times, the voters
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deserve a common sense, mainstream proposal to improve Washington’s
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transportation system by better utilizing existing public resources.
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This measure would require vehicle sales and use taxes be deposited in
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the motor vehicle fund and used for road construction and maintenance;
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require performance audits on transportation agencies; and open carpool
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lanes during off-peak hours.
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Initiatives, referendums, and bills must all comply with the single
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subject
rule;
this
measure’s
title
is
"AN
ACT
Relating
to
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transportation improvement."
This measure and its policies have
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rationale unity and concern transportation improvement.
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In order to improve transportation, it is essential that more of the
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state’s existing tax revenues go toward fixing our transportation
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infrastructure.
Vehicle purchases generate billions of dollars in
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sales tax revenue. But instead of fixing our roads, these tax revenues
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subsidize the general fund.
That makes no sense.
People who buy
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vehicles should have their taxes go toward fixing our roads, streets,
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and highways. Besides, there won’t be any tax revenues for any other
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spending programs unless we improve Washington’s transportation system.
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This measure requires vehicle sales and use taxes be deposited in the
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motor vehicle fund and used for road construction and maintenance at
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the state and local level.
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In order to improve transportation, it is essential that state and
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local transportation agencies establish credibility with taxpayers by
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implementing long-overdue performance audits to ensure accountability
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and guarantee that their tax dollars are spent as cost-effectively as
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possible.
Are politicians spending our current transportation tax
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revenues as cost-effectively as possible?
Voters don’t know because
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politicians have repeatedly blocked our state auditor from conducting
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independent, comprehensive performance audits on transportation
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agencies. Gary Locke even vetoed "baby step" performance audits this
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year. It is absurd for politicians to think voters will blindly accept
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massive tax increases without first learning if we’re getting the
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biggest bang for the buck from our current tax revenues. This measure
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requires the state auditor to conduct independent, comprehensive
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performance audits on Washington’s transportation system, as well as
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major state and local transportation agencies.
These audits will
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identify solutions to our transportation problems and will save
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billions of tax dollars.
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In order to improve transportation, existing road capacity must be
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utilized to maximize its’ effectiveness and to save money that can be
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used for transportation improvements.
In some areas in the Puget
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Sound, geographic obstacles make adding new lanes to existing roads and
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highways to be extremely expensive, limiting tax dollars for other
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transportation improvements. How can we save billions in tax dollars
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but still increase road capacity to our most congested roadways? By
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allowing our carpool lanes to be open to all during off-peak hours. We
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all pay taxes for our carpool lanes, so everyone should be allowed to
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use them at least some of the time. The politicians’ strict 24 hours
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a day, 7 days a week prohibition is extreme. This measure strikes a
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reasonable balance by allowing our carpool lanes to be open to all
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during off-peak hours (this measure defines peak hours as 6:00 a.m.
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through 9:00 a.m and 3:00 p.m. through 6:00 p.m. Monday through
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Friday).
This will quickly, significantly, and cost-effectively
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relieve traffic congestion on our most congested roadways and will
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illustrate that increased road capacity results in decreased traffic
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congestion.
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Year after year, Washington voters have repeatedly rejected the
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business-as-usual,
the-only-solution-is-a-tax-increase
mentality.
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During these tough economic times, the people deserve a common sense,
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mainstream proposal to improve Washington’s transportation system by
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better utilizing existing public resources.
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IMPROVING TRANSPORTATION BY REQUIRING VEHICLE SALES
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AND USE TAXES BE DEPOSITED IN THE MOTOR VEHICLE FUND
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AND USED FOR ROAD CONSTRUCTION AND MAINTENANCE
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Sec. 2. RCW 82.08.020 and 2000 2nd sp.s. c 4 s 1 are each amended to
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read as follows:
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(1) There is levied and there shall be collected a tax on each retail
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sale in this state equal to six and five-tenths percent of the selling
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price.
{+ In order to improve transportation, it is essential that
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more of the state’s existing tax revenues go toward fixing our
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transportation infrastructure. Therefore, the state sales tax levied
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and collected on each motor vehicle retail sale in this state shall be
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deposited in the motor vehicle fund created in RCW 46.68.070 and used
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for road, street, and highway construction and maintenance at the state
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and local level. For the purpose of this section, "motor vehicle" has
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the meaning provided in RCW 82.12.045(2). +}
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(2) There is levied and there shall be collected an additional tax on
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each retail car rental, regardless of whether the vehicle is licensed
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in this state, equal to five and nine-tenths percent of the selling
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price. The revenue collected under this subsection shall be deposited
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in the multimodal transportation account created in RCW 47.66.070.
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(3) The taxes imposed under this chapter shall apply to successive
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retail sales of the same property.
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(4) The rates provided in this section apply to taxes imposed under
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chapter 82.12 RCW as provided in RCW 82.12.020.
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Sec. 3. RCW 82.12.045 and 1996 c 149 s 19 are each amended to read
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as follows:
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(1) In the collection of the use tax on motor vehicles, the department
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of revenue may designate the county auditors of the several counties of
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the state as its collecting agents. Upon such designation, it shall be
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the duty of each county auditor to collect the tax at the time an
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applicant applies for the registration of, and transfer of title to,
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the motor vehicle, except in the following instances:
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(a) Where the applicant exhibits a dealer’s report of sale showing
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that the retail sales tax has been collected by the dealer;
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(b) Where the application is for the renewal of registration;
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(c) Where the applicant presents a written statement signed by the
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department of revenue, or its duly authorized agent showing that no use
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tax is legally due; or
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(d) Where the applicant presents satisfactory evidence showing that
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the retail sales tax or the use tax has been paid by him on the vehicle
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in question.
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(2) The term "motor vehicle," as used in this section means and
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includes all motor vehicles, trailers and semitrailers used, or of a
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type designed primarily to be used, upon the public streets and
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highways, for the convenience or pleasure of the owner, or for the
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conveyance, for hire or otherwise, of persons or property, including
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fixed loads, facilities for human habitation, and vehicles carrying
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exempt licenses.
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(3) It shall be the duty of every applicant for registration and
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transfer of certificate of title who is subject to payment of tax under
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this section to declare upon his application the value of the vehicle
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for which application is made, which shall consist of the consideration
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paid or contracted to be paid therefor.
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(4) Each county auditor who acts as agent of the department of revenue
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shall at the time of remitting license fee receipts on motor vehicles
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subject to the provisions of this section pay over and account to the
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state treasurer for all use tax revenue collected under this section,
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after first deducting as his collection fee the sum of two dollars for
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each motor vehicle upon which the tax has been collected. All revenue
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received by the state treasurer under this section shall be (({-
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credited to the general fund -})) {+ deposited in the motor vehicle
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fund created in RCW 46.68.070 and used for road, street, and highway
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construction and maintenance at the state and local level +}.
The
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auditor’s collection fee shall be deposited in the county current
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expense fund. A duplicate of the county auditor’s transmittal report
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to the state treasurer shall be forwarded forthwith to the department
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of revenue.
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(5) Any applicant who has paid use tax to a county auditor under this
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section may apply to the department of revenue for refund thereof if he
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has reason to believe that such tax was not legally due and owing. No
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refund shall be allowed unless application therefor is received by the
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department of revenue within the statutory period for assessment of
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taxes, penalties, or interest prescribed by RCW 82.32.050(3).
Upon
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receipt of an application for refund the department of revenue shall
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consider the same and issue its order either granting or denying it and
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if refund is denied the taxpayer shall have the right of appeal as
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provided in RCW 82.32.170, 82.32.180 and 82.32.190.
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(6) The provisions of this section shall be construed as cumulative
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of other methods prescribed in chapters 82.04 to 82.32 RCW, inclusive,
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for the collection of the tax imposed by this chapter. The department
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of revenue shall have power to promulgate such rules as may be
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necessary to administer the provisions of this section.
Any duties
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required by this section to be performed by the county auditor may be
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performed by the director of licensing but no collection fee shall be
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deductible by said director in remitting use tax revenue to the state
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treasurer.
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IMPROVING TRANSPORTATION BY
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REQUIRING INDEPENDENT, COMPREHENSIVE PERFORMANCE AUDITS
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ON TRANSPORTATION AGENCIES
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NEW SECTION. Sec. 4. A new section is added to chapter 43.09 RCW to
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read as follows:
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In order to improve transportation, it is essential that state and
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local transportation agencies establish credibility with taxpayers by
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implementing long-overdue performance audits to ensure accountability
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and to learn if their tax dollars are being spent as cost effectively
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as possible.
Therefore, the state auditor shall conduct an
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independent,
comprehensive
performance
audit
on
the
state’s
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transportation system and major local transportation agencies,
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including, but not limited to, the department of transportation, the
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ferry system, and public transit agencies, especially Sound Transit.
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Transportation funds from each state and local transportation agency,
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account and program shall be used for the cost of each audit.
The
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audit reports shall be submitted to the legislature and made available
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to the public on or before one year from the effective date of this
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act.
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NEW SECTION. Sec. 5. A new section is added to chapter 43.09 RCW to
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read as follows:
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In order to improve transportation, follow-up performance audits on
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any major state and local transportation agency, account and program
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may be conducted when determined necessary by the state auditor.
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Transportation funds from each state and local transportation agency,
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account and program shall be used for the cost of each follow-up audit.
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IMPROVING TRANSPORTATION BY
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OPENING CARPOOL LANES TO ALL DURING OFF-PEAK HOURS
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Sec. 6. RCW 46.61.165 and 1999 c 206 s 1 are each amended to read as
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follows:
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The state department of transportation and the local authorities are
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authorized to reserve all or any portion of any highway under their
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respective jurisdictions {+ as carpool lanes +}, including any
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designated lane or ramp, for the exclusive or preferential use of
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public transportation vehicles or private motor vehicles carrying no
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fewer than a specified number of passengers when such limitation will
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increase the efficient utilization of the highway or will aid in the
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conservation of energy resources.
Regulations authorizing such
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exclusive or preferential use of a highway facility (({- may be
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declared to be -})) {+ are +} effective (({- at all times or at
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specified times of day or on specified days -})) {+ only at the
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specified times of day and on the specified days designated in this
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section. In order to improve transportation, existing road capacity
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must be utilized to maximize its effectiveness. Therefore, as of the
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effective date of this act, all carpool lanes shall be opened during
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off-peak hours for use by all vehicles otherwise lawfully abiding by
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the rules of the road of this state.
For the purposes of opening
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carpool lanes to all during off-peak hours, "carpool lanes" are high
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occupancy vehicle lanes including express lanes but not including ramp-
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meter bypass lanes. For the purposes of opening carpool lanes to all
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during off-peak hours, "peak hours" are 6:00 a.m. through 9:00 a.m. and
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3:00 p.m. through 6:00 p.m. Monday through Friday and "off-peak hours"
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are days and hours not specified as "peak hours."
Nothing in this
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section is intended to restrict the operation of RCW 46.44.080,
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46.61.100, or 46.61.135, thus continuing restricted truck usage of city
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streets. +} Violation of a restriction of highway usage prescribed by
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the appropriate authority under this section is a traffic infraction.
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CONSTRUCTION CLAUSE
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NEW SECTION. Sec. 7. The provisions of this act are to be liberally
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construed to effectuate the intent, policies and purposes of this act.
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SEVERABILITY CLAUSE
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NEW SECTION. Sec. 8. If any provision of this act of its application
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to any person or circumstance is held invalid, the remainder of the act
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or the application of the provision to other persons or circumstances
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is not affected.
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LEGISLATIVE INTENT
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NEW SECTION. Sec. 9. The people have made clear through the passage
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of numerous initiatives and referenda that taxes need to be reasonable
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and tax increases should always be a last resort. However, politicians
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throughout the state of Washington continue to ignore these repeated
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mandates.
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Politicians are reminded:
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(1) All political power is vested in the people, as stated in Article
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I, section 1 of the Washington state Constitution.
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(2) The first power reserved by the people is the initiative, as
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stated in Article II, section 1 of the Washington state Constitution.
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(3) The people expect the legislature to adopt any additional
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legislation necessary to effectuate the intent, policies and purposes
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of this act.
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(4) When voters approve initiatives, politicians have a moral,
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ethical, and constitutional obligation to fully implement them. When
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politicians ignore this obligation, they corrupt the term "public
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servant."
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(5) Any attempt to violate the clear intent and spirit of this measure
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undermines the trust of the people in their government and will
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increase the likelihood of future tax limitation measures.