HomeMy WebLinkAbout02/17/2015 04C Council Direction re: Potential and/or Pending LegislationBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.C.
For Meeting of: February 17, 2015
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ITEM TITLE:
SUBMITTED BY:
SUMMARY EXPLANATION:
Council direction re: potential and/or pending state legislation
Randy Beehler, Communications & Public Affairs Director
Potential and/or pending legislation regarding a variety of issues that may be of interest to the
City are at various stages of being considered by the State Legislature in Olympia. Given the
rapid pace of the legislative process in the State Capital, and in order to provide maximum
flexibility for City staff and the City's Olympia lobbyist, Jim Justin, to respond to such legislation,
the Council is being asked to provide general direction regarding a few key issues.
Resolution: Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: NA Amount:
Funding Source/Fiscal
Impact:
Strategic Priority: Partnership Development
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
N/A
City Manager
ATTACHMENTS:
Description Upload Date Type
Memorandum - Council Direction re: Potential
2/4/2015 Cover Memo
and/or Pending State Legislation
HB 1086 2/4/2015 Cover Memo
SHB 1370 2/4/2015 Cover Memo
SB 5313 2/4/2015 Cover Memo
HB 1526 2/4/2015 Cover Memo
SSB 5324 2/4/2015 Cover Memo
NE CD
HELM
To: Yakima City Council Members
From: City Manager Tony O'Rourke
Communications & Public Affairs Director Randy Beehler
Subject: Council Direction re: Potential and/or Pending State Legislation
Date: Wednesday, February 11th, 2015
Council Members,
Potential and/or pending legislation regarding a variety of issues that may be of interest to
the City are at various stages of being considered by the State Legislature in Olympia.
Given the rapid pace of the legislative process in the State Capital, and in order to provide
maximum flexibility for City staff and the City's Olympia lobbyist, Jim Justin, to respond to
such legislation, the Council is being asked to provide general direction regarding a few key
issues.
The Council is being asked to consider providing direction that would allow City staff and
the City's Olympia lobbyist to actively oppose or support legislation, including testifying
during legislative hearings, regarding the following issues that are being or may be
discussed during the current legislative session:
- HB 1086 — Summary: This bill would allow public agencies to recover the cost of
providing public records to a requestor if the records were to be used for commercial
purposes (see attached bill language).
The Council is being asked to provide direction to City staff and the City's Olympia lobbyist
regarding whether to actively support or oppose (including testifying at legislative hearings)
HB 1086.
- SHB 1370 — SB 5313 — Summary: These companion bills would increase the allowable
tax credit amounts provided for in existing state statute regarding contributions made to
Main Street programs. The amount of allowed annual tax credits statewide would increase
from $1.5 million to $3 million, the amount of allowed annual tax credits for and individual or
entity would increase from $250,000 to $500,000, and the amount of allowed annual tax
credits for contributions to an individual Main Street program would increase from $100,000
to $200,000 (see attached bill language).
The Council is being asked to provide direction to City staff and the City's Olympia lobbyist
regarding whether to actively support or oppose (including testifying at legislative hearings)
SHB 1370 and SB 5313.
- HB 1526 — SSB 5324 — Summary: These companion bills would change the current
allocation of revenue generated by an existing aircraft excise tax. Currently, 90% of the
aircraft excise tax revenue is deposited in the state general fund and 10% is deposited in
an aeronautics account. Funds in the aeronautics account are then provided to local
airports through the competitive Aviation Airport Aid Grant program administered by the
Washington State Department of Transportation and are commonly used to leverage
additional federal funds.
Both HB 1526 and SSB 5324 would require that ALL aircraft excise tax revenue be
deposited in the aeronautics account and be available to local airports through the grant
program to be used for maintenance, runway rehabilitation, safety, security, etc. (see
attached bill language).
The Council is being asked to provide direction to City staff and the City's Olympia lobbyist
regarding whether to actively support or oppose (including testifying at legislative hearings)
HB 1526 and SSB 5324.
H-0499.1
State of Washington
HOUSE BILL 1086
64th Legislature 2015 Regular Session
By Representatives Moeller, Gregerson, Springer, S. Hunt, and Fey
Prefiled 01/08/15. Read first time 01/12/15. Referred to Committee
on State Government.
1 AN ACT Relating to establishing a cost recovery mechanism for
2 public records sought for commercial purposes; amending RCW 42.56.120
3 and 42.56.550; reenacting and amending RCW 42.56.080; creating a new
4 section; and prescribing penalties.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 NEW SECTION. Sec. 1. The legislature finds that public agencies
7 must remain capable of adequately informing the public of their
8 activities through timely disclosure of public records. However,
9 public agencies are increasingly burdened by broad record requests
10 from commercial entities, including data miners, whose purpose is to
11 sell or resell the public records for a private profit. Public
12 agencies expend taxpayer dollars to locate, assemble, redact, review,
13 and provide the requested public records. Under existing law, except
14 for copying and mailing costs, public agencies may not recover the
15 true costs of providing this service. As a result, the taxpayers of
16 this state effectively subsidize commercial requestors. Accordingly,
17 it is the intent of the legislature to protect the public interest
18 and prevent diversion of scarce agency resources by authorizing
19 public agencies to recover their costs through charging a reasonable
20 fee when records are requested for the purpose of sale or resale. It
21 is the intent of the legislature to authorize agencies to establish
p. 1 HB 1086
1 such fees, without in any manner limiting public inspection of
2 records or delaying public access to records.
3 Sec. 2. RCW 42.56.080 and 2005 c 483 s 1 and 2005 c 274 s 285
4 are each reenacted and amended to read as follows:
5 (1) Public records shall be available for inspection and copying,
6 and agencies shall, upon request for identifiable public records,
7 make them promptly available to any person ((including, if
8 applicable,)). Public records may, be made available on a partial or
9 installment basis as records that are part of a larger set of
10 requested records are assembled or made ready for inspection or
11 disclosure.
12 (2) Agencies shall not deny a request for identifiable public
13 records solely on the basis that the request is overbroad.
14 (3) Agencies shall not distinguish among persons requesting
15 records, and such persons shall not be required to provide
16 information as to the purpose for the request except to establish
17 whether)
18 (a) Inspection and copying would violate RCW 42.56.070(9) or
19 other statute which exempts or prohibits disclosure of specific
20 information or records to certain persons; or
21 (b) Theprimary �, purpose of the request is the sale or resale of
...__�
22 all or part of the record, including the sale or resale
23 or database containing all or part of the record.
24 (4) Agency facilities shall be made available to any person for
25 the copying of public records except when and to the extent that this
26 would unreasonably disrupt the operations of the agency. Agencies
27 shall honor requests received by mail for identifiable public records
28 unless exempted by provisions of this chapter.
29 Sec. 3. RCW 42.56.120 and 2005 c 483 s 2 are each amended to
30 read as follows:
31 (1) No fee shall be charged for the inspection of public
32 records((. No fee Shall be charged for locating public documents and
33 making thcm available for copying)), nor shall the public's right to
34 disclosure and provision of records be delayed by the provisions of
35 this _section that authorize an agency to determine, based o
36 evidence, that a reggest _,is primarily for sal.e.... or resale. E"xcept as
37 provided .in, subSection (2) of this section, no fee shall be Charged.
38 for locatina, disclosina the existence of, or producing copies of
p. 2
HB 1086
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public records. A reasonable charge may be imposed for providing
copies of public records and for the use by any person of agency
equipment or equipment of the office of the secretary of the senate
or the office of the chief clerk of the house of representatives to
copy public
necessary to
senate, or
records, which charges shall not exceed the amount
reimburse the agency, the office of the
the office
representatives for its
secretary of the
of the chief clerk of the house of
actual costs directly incident to such
copying. Agency charges for photocopies shall be imposed in
accordance with the actual per page cost or other costs established
and published by the agency. In no event may an agency charge a per
page cost greater than the actual per page cost as established and
published by the agency. To the extent the agency has not determined
the actual per page cost for photocopies of public records, the
agency may not charge in excess of fifteen cents per page. An agency
may require a deposit in an amount not to exceed ten percent of the
estimated cost of providing copies for a request. If an agency makes
a request available on a partial or installment basis, the agency may
charge for each part of the request as it is provided. If an
installment of a records request is not claimed or reviewed, the
agency is not obligated to fulfill the balance of the request.
(2) Whenmma r guest for records is made for the primary Purpose
of
sale off resale of all or part of the record, unless an exemption as
provided in subsection 8 of this section wis a_pplicable, an agency,
may charge a fee to recover its mm actual costs in responding to the
request. The fee may be a flat fee, a fee per record, or ot; er t -'p
of fee, but:: the fee shall not excee:da reasonable estimate of the.
actual cost to provide the records The actual cost mav include, but
is not limited to, ITITITITthe cost of locating„ assembling, reviewing,_
redacting, opy"ipg,_and providingthe record to the r qr esto
(3) Where, as a, .__..zed in PTV 42.56, 080 (l (l en agency has
required a,_erson to provide,. inormation about whether .he primary
purpose Of a request
the sale or resale of the requested records
and the person has denied such a purpose no cost recovery fee may
hc,
su(2fssed oassebsection
if the agency has reason to believe that the z)iirpos e
has been misrepresented and the request is made primarily for the
puKpose..... of sale or resale, _the agency may require the requestor to
na statement undersenalty of perjury, attesting that the primALY
p. 3
HB 1086
1 purpose of the record request is not sale or resale of all part of
2 the record.
3 (4) Before charging the fee authorized in subsection
4 sectiou, an agency must develop. and adopl, with notice and_public
5 hearing, a fee schedule. The agency shall publish the fee schedule
b
7
8
9 to the director or chief executive officer of the
10 reguestor nay bring such an appealwithin thirty days of the ag?ulcy's
11 assessment of the fee. Use of the agency appeals process provided
12 under this section is at the option of the reguestor, who is not
13 required to follow this process as a condition of obtaining judicial
14 review as provided in ROW 42.56.550.
15 (6) When an agency charges a cost recovery fee Pursuant to
16 subsection (2) of this section, it must_sIrs!yide to the requestor a
17 written basis for its determination that the request is primarily for
18 the purpose of sale or resale and no exemption fro subsection 8 of
19 this section_applies.
20
21 amount not to exceed ten percent of the estimated actual cost of
22 providing the records. If an agency makes the request available on a
23 partial or installment basis, the agency may req_uire a de sit in an
24 amount not to exceed ten percent of the estimated actual cost of
25 providing the installment,
26 (8) The fee authorized in subsection (2) of this section is
27 applicable to a record request where the Primary intended use of any
28 part of a public record or records, or information derived from
29 public records, in any form, is for the commercial_purpose f sale or
30 resale, The fee authorized in subsection 1')\ of this section ma'7not
31 be assessed if one or more of the following circumstances exists:
32
33 "commercial purpose" because:
34
35 disseminate information concerning news and current or passing
36 events, for articles of opinion or features of interest to the
37 public, for the ur.ose of academic scientific, or public research
38 nr education, or for the Purpose of commenting to, or qetilltming,
39 the government;
(2) of this
*hc —,*b^A^i^,,, by „ ,„„
h'ch the fees were established,
151 The agency must also establish an. appeals process by which a
req,Uestor may: appeal the. amount, or application, of. a fee in. writing
mr.,=nr,N7 Thc
4.4 4, A
17) An agency may reduire_l_reguestor to post a deposit in an
ci al purpose of the request is not deemed a
(1) The Principal purpose of the reauest is
to access and
p. 4
HB 1086
1
disclosure _........_.:...._ .,... r ,-..,-..-1,,,-, ... to contribute t hl
2 or" o information 1'n ,r.,..w,�..✓ur a 1
r, �,
3 understanding of the operations or activities of the government; or
4
5 charitable, educational, or her nonprofit nonprofit organization or
6 association and the request i s made r , furtherance of
7 oraanizatian's or association's nonpfitpurpose and not for
(ii) The principal ournnae of the request i S b1 is dissemination
r
(iii) The r�ecu,estor is a representative of a religious,
a
8 different commercial purpose;
9 (h) Even if the requestmmmmmusfor a commercial. nuranse, the fee is
10 not applicable because:
11 ()...
The reauestor is entitled to obtain the requested records
12 pursuant to a contract, memorandum, of www understanding, or other binding
13
14
15
16 will ww be used to comply with . overnmental.per. ' tting require ts or.
17 other regulations;
18 jiiij _ re_que_stor its a.......ti title insurer __ e - - -- b the „su,rance
The er 1 l cPnsed v the e , n� ..w, _.�_.....
19 commissioner, an agent ofsuch a title insurer, or an entity that
20 collects and provides data to such
21 reasonably wwwwwwwrequired to ,insure •l ..t .es, to act as, an, escrow closing,
22 aagnI_2cL,, as allowed by, t.he office of the insurance c mmiSsioner r
23 rule, to provide related customer services; or
24 (iv) TheITITITITreauestor is a person licensed under chapter 18.85 RCW
25 a µprospective developer of real pr.ojerty,,,,,or a person e& ng'.
26 information abomut real property_or buildings owned b :.... that person,
27 and the request is for the purpose of evaluating the viability' of
� � _ al property for a. particular use,
28 developing a spec�,f, c parcelof re�,,�,�___„
29 and not for ......a....different commercial purpose.
30
31 authorized nomsubsection (2. of this sec
32.-i.i.representing the pur o or w}:vcl the
33 reauestor'seliaibility for an exemption under subsection (8) of this
34 section, or by intentionally inducinaanother person to knowingly or
35 unknowingly make such a misrepresentation, is liable fora civil
36 pena1ty,at least. equivalent to ghat the a ienc
37 the records. The c,ivt. na ty under th.is...
38 any other c vilor criminal. penalties and remedies available under
39 any other law of this state.
agreement with the a+ enc
chapter;
(ii) The reauestor can demonstrate
......under authority of ....l,aw other than this
that the requested records
:its e .nsure
or agent, as
(9) A person or other legal entity that avoids paying_ the fee
.on+......... by... intentionally.
quest is made or the
icu1d have charged for,
Tion is in addition to,
p. 5
HB 1086
1 (10) Nothing in this section or RCW 42.56.080 may be construed to
2 create an o.)i.on _ ar;;authorization for an agency to create off,
3 provide access to lists ?f individuals requested for commercial
4 purposes.
5 Sec. 4. RCW 42.56.550 and 2011 c 273 s 1 are each amended to
6 read as follows:
7 (1) Upon the motion of any person having been denied an
8 opportunity to inspect or copy a public record by an agency, the
9 superior court in the county in which a record is maintained may
10 require the responsible agency to show cause why it has refused to
11 allow inspection or copying of a specific public record or class of
12 records. The burden of proof shall be on the agency to establish that
13 refusal to permit public inspection and copying is in accordance with
14 a statute that exempts or prohibits disclosure in whole or in part of
15 specific information or records.
16 (2) Upon the motion of any person who believes that an agency has
17 not made a reasonable estimate of the time that the agency requires
18 to respond to a public record request, the superior court in the
19 county in which a record is maintained may require the responsible
20 agency to show that the estimate it provided is reasonable. The
21 burden of proof shall be on the agency to show that the estimate it
22 provided is reasonable.
23 (3) pori the motion of any person ....wh. believes that an agency has
24 required paymentof a ww_cost mrecovery fee in an amount not authorized
25
25 by ROW 42.56. 080, for a request that is exempt, or _._requestor who
26
27 e county iawhich a record
28 responsible agency to show by a preponderance of the
29 the immest was primarily for the purpose of sale cor' resale and that.
30 no exemption was applicable.
31 (4) Judicial review of all agency actions taken or challenged
32 under RCW 42.56.030 through 42.56.520 shall be de novo. Courts shall
33 take into account the policy of this chapter that free and open
34 examination of public records is in the public interest, even though
35 such examination may cause inconvenience or embarrassment to public
36 officials or others. Courts may examine any record in camera in any
37 proceeding brought under this section. The court may conduct a
38 hearing based solely on affidavits.
exempt from the fee funder RCW 42.56.120 (8) , the superior cour in
maintained ......may_.....require
evidence
the
that
p. 6 HB 1086
1 (((4))) (5) Any person who prevails against an agency in any
2 action in the courts seeking the right to inspect or copy any public
3 record or the right to receive a response to a public record request
4 within a reasonable amount of time shall be awarded all costs,
5 including reasonable attorney fees, incurred in connection with such
6 legal action. In addition, it shall be within the discretion of the
7 court to award such person an amount not to exceed one hundred
8 dollars for each day that he or she was denied the right to inspect
9 or copy said public record.
10 (((5))) (6) For actions under this section against counties, the
11 venue provisions of RCW 36.01.050 apply.
12 (((6))) (7) Actions under this section must be filed within one
13 year of the agency's claim of exemption or the last production of a
14 record on a partial or installment basis.
END
p. 7
HB 1086
H-1306.1
State of Washington
SUBSTITUTE HOUSE BILL 1370
64th Legislature
2015 Regular Session
By House Community Development, Housing & Tribal Affairs (originally
sponsored by Representatives Wylie, Nealey, Manweller, Van De Wege,
Haler, Appleton, Zeiger, Tharinger, Klippert, Vick, and S. Hunt)
1 AN ACT Relating to increasing the total amount of tax credits
2 allowed under the Washington main street program; amending RCW
3 82.73.030; and creating a new section.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 NEW SECTION. Sec. 1. (1) This section is the tax preference
6 performance statement for the tax preference contained in section 2
7 of this act. This performance statement is only intended to be used
8 for subsequent evaluation of the tax preference. It is not intended
9 to create a private right of action by any party or be used to
10 determine eligibility for preferential tax treatment.
11 (2) The legislature categorizes this tax preference as one
12 intended to promote contributions to main street programs and enhance
13 community and economic revitalization and development of main street
14 business districts under categories as indicated in RCW 82.32.808(2)
15 (a) and (f).
16 (3) It is the legislature's specific public policy objective to
17 support and work in concert with main street programs to accomplish
18 community and economic revitalization and development of business
19 districts as specified in RCW 43.360.005. It is the legislature's
20 intent to provide tax credits to businesses in main street
21 communities to promote contributions to such programs as provided in
p. 1 SHB 1370
1 RCW 82.73.030, in order to maintain the economic viability of rural
2 downtown areas, thereby ensuring the growth and retention of small
3 business in rural communities.
4 (4) The joint legislative audit and review committee must perform
5 an economic impact report to the legislature to provide the
6 information necessary to measure the effectiveness of this act.
7 (5) In order to obtain the data necessary to perform the review
8 under this section, the joint legislative audit and review committee
9 may refer to data collected by the department of archaeology and
10 historic preservation.
11 Sec. 2. RCW 82.73.030 and 2005 c 514 s 904 are each amended to
12 read as follows:
13 (1) Subject to the limitations in this chapter, a credit is
14 allowed against the tax imposed by chapters 82.04 and 82.16 RCW for
15 approved contributions that are made by a person to a program or the
16 main street trust fund.
17 (2) The credit allowed under this section is limited to an amount
18 equal to:
19 (a) Seventy-five percent of the approved contribution made by a
20 person to a program; or
21 (b) Fifty percent of the approved contribution made by a person
22 to the main street trust fund.
23 (3) The department may not approve credit with respect to a
24 program in a city or town with a population of one hundred ninety
25 thousand persons or more.
26 (4) The department ((.hall)) must keep a running total of all
27 credits approved under this chapter for each calendar year. The
28 department ((shall)) may not approve any credits under this section
29 that would cause the total amount of approved credits statewide to
30 exceed ((onc)) three million ((fivc hundrcd thousand)) dollars in any
31 calendar year.
32 (5) The total credits allowed under this chapter for
33 contributions made to each program may not exceed ((onc)) two hundred
34 thousand dollars in a calendar year. The total credits allowed under
35 this chapter for a person may not exceed ((two hundrcd fifty)) five
36 hundred thousand dollars in a calendar year.
37 (6) The credit may be claimed against any tax due under chapters
38 82.04 and 82.16 RCW only in the calendar year immediately following
39 the calendar year in which the credit was approved by the department
p. 2 SHB 1370
1 and the contribution was made to the program or the main street trust
2 fund. Credits may not be carried over to subsequent years. No refunds
3 may be granted for credits under this chapter.
4 (7) The total amount of the credit claimed in any calendar year
5 by a person may not exceed the lesser amount of the approved credit,
6 or seventy-five percent of the amount of the contribution that is
7 made by the person to a program and fifty percent of the amount of
8 the contribution that is made by the person to the main street trust
9 fund, in the prior calendar year.
END
p. 3
SHB 1370
S-0569.1
State of Washington
SENATE BILL 5313
64th Legislature
2015 Regular Session
By Senators Warnick, Fraser, Angel, Rolfes, Cleveland, Brown, and
Parlette
Read first time 01/19/15. Referred to Committee on Agriculture,
Water & Rural Economic Development.
1 AN ACT Relating to increasing the total amount of tax credits
2 allowed under the Washington main street program; and amending RCW
3 82.73.030.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 Sec. 1. RCW 82.73.030 and 2005 c 514 s 904 are each amended to
6 read as follows:
7 (1) Subject to the limitations in this chapter, a credit is
8 allowed against the tax imposed by chapters 82.04 and 82.16 RCW for
9 approved contributions that are made by a person to a program or the
10 main street trust fund.
11 (2) The credit allowed under this section is limited to an amount
12 equal to:
13 (a) Seventy-five percent of the approved contribution made by a
14 person to a program; or
15 (b) Fifty percent of the approved contribution made by a person
16 to the main street trust fund.
17 (3) The department may not approve credit with respect to a
18 program in a city or town with a population of one hundred ninety
19 thousand persons or more.
20 (4) The department ((shall)) must keep a running total of all
21 credits approved under this chapter for each calendar year. The
p. 1 SB 5313
1 department ((shall)) may not approve any credits under this section
2 that would cause the total amount of approved credits statewide to
3 exceed ((onc)) three million ((five hundred thousand)) dollars in any
4 calendar year.
5 (5) The total credits allowed under this chapter for
6 contributions made to each program may not exceed ((onc)) two hundred
7 thousand dollars in a calendar year. The total credits allowed under
8 this chapter for a person may not exceed ((two hundred fifty)) five
9 hundred thousand dollars in a calendar year.
10 (6) The credit may be claimed against any tax due under chapters
11 82.04 and 82.16 RCW only in the calendar year immediately following
12 the calendar year in which the credit was approved by the department
13 and the contribution was made to the program or the main street trust
14 fund. Credits may not be carried over to subsequent years. No refunds
15 may be granted for credits under this chapter.
16 (7) The total amount of the credit claimed in any calendar year
17 by a person may not exceed the lesser amount of the approved credit,
18 or seventy-five percent of the amount of the contribution that is
19 made by the person to a program and fifty percent of the amount of
20 the contribution that is made by the person to the main street trust
21 fund, in the prior calendar year.
END
p. 2 SB 5313
H-0754.1
State of Washington
HOUSE BILL 1526
64th Legislature 2015 Regular Session
By Representatives Dent, Tharinger, Pike, Tarleton, Fagan, Van
Werven, Hargrove, Orcutt, Harris, Condotta, Riccelli, Pettigrew,
Takko, Lytton, Klippert, Johnson, Kochmar, Griffey, McCabe,
Manweller, Moscoso, and Young
Read first time 01/22/15. Referred to Committee on Appropriations.
1 AN ACT Relating to dedicating aircraft excise tax revenue to the
2 airport aid grant program; amending RCW 82.48.080 and 82.42.090; and
3 creating new sections.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 NEW SECTION. Sec. 1. The legislature finds public -use airports
6 contribute to the health of Washington's economy by providing quality
7 employment positions and generating state general fund revenue. The
8 Washington department of transportation airport investment study
9 identified specific project needs for public -use airports in
10 Washington including pavement improvements, capital projects, and
11 other improvements to comply with state performance objectives. To
12 address this great financial need and to support the success of this
13 industry, this act directs all aircraft excise tax revenue to the
14 aeronautics account to be solely dedicated to the Washington state
15 department of transportation aviation airport aid grant program.
16 Sec. 2. RCW 82.48.080 and 1995 c 170 s 2 are each amended to
17 read as follows:
18 The secretary ((shall)) must regularly pay to the state treasurer
19 the excise taxes collected under this chapter, which ((shall)) must
20 be credited by the state treasurer ((a3 follows: Nincty perccnt to
p. 1 HB 1526
pe-recnt to the acronau
2 transportation fund for administrativc cxpcnscs)) to the
3 account, created in RCW 82.42.090.
aeronautics
4 Sec. 3. RCW 82.42.090 and 2013 c 225 s 305 are each amended to
5 read as follows:
6 All taxes, interest, and penalties collected under this chapter
7 must be deposited into the aeronautics account. All taxes, interest,
8 and penalties collected under RCW 8.2.48..020 must be into
deposited in,
9 thegeroagutics account, and, solely ...dedica;ted to fund the operation.
10 and administrative expenses of the Washington state department of
11 transportation aviation airport aid grant ...,.pr ?g.dm,, described in RCW
12 47.68.090. All taxes, interest, and penalties collected from the
13 consumer or user of aircraft fuel from either the use tax imposed by
14 RCW 82.12.020 or the retail sales tax imposed by RCW 82.08.020 must
15 be deposited into the state general fund.
16 NEW SECTION. Sec. 4. Section 1 of this act applies to taxes
17 collected on or after July 1, 2015.
END
p. 2 HB 1526
S-0903.1
State of Washington
SUBSTITUTE SENATE BILL 5324
64th Legislature 2015 Regular Session
By Senate Transportation (originally sponsored by Senators Hobbs,
Fain, King, Liias, Angel, and Honeyford)
READ FIRST TIME 02/04/15.
1 AN ACT Relating to the distribution and use of aircraft excise
2 taxes; amending RCW 82.48.080 and 82.42.090; providing an effective
3 date; and declaring an emergency.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 Sec. 1. RCW 82.48.080 and 1995 c 170 s 2 are each amended to
6 read as follows:
7 The secretary ((shall))must regularly pay to the state treasurer
8 the excise taxes collected under this chapter, which ((shall))must be
9 credited by the state treasurer ((as follows: Nincty percent to the
10 gcncral fund and tcn perccnt)) to the aeronautics account ((in the
11 transportation fund)) for state grants to airports and the
12 administrative expenses associated with grant execution and the
13 collection of excise taxes under this chapter.
14 Sec. 2. RCW 82.42.090 and 2013 c 225 s 305 are each amended to
15 read as follows:
16 All taxes, interest, and penalties collected under this chapter
17 must be deposited into the aeronautics account hereby created in the
18 state treasury. All taxes, interest, and penalties collected from the
19 consumer or user of aircraft fuel from either the use tax imposed by
p. 1 SSB 5324
1 RCW 82.12.020 or the retail sales tax imposed by RCW 82.08.020 must
2 be deposited into the state general fund.
3 NEW SECTION.
Sec. 3. Section 2 of this act is necessary for the
4 immediate preservation of the public peace, health, or safety, or
5 support of the state government and its existing public institutions,
6 and takes effect July 1, 2015.
END
p. 2 SSB 5324