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Transportation Proposal Could Have Unexpected Consequences

As we reported earlier this week, Gov. Chris Gregoire just rolled out a ten-year, $3.6 billion transportation package, including a new barrel fee on oil and a $100 annual fee on electric cars, that would pay for road operations and maintenance, ferries, and grants to local jurisdictions.

However, two aspects of the proposal didn’t get much press.

The first has to do with the oil fee. According to Gregoire’s staff, any fee on oil will be subject to the 18th amendment of the state constitution, which says that any fees or taxes on fuel must be spent on “highway purposes.” According to Gregoire staffer Jennifer Ziegler, Gregoire “wanted there to be a very clear nexus between the fee and the use of the fee on highway purposes. It really is for roads and ferries and stormwater retrofits.” That interpretation of the bill is a defeat for environmentalists, who have fought for a barrel fee in the past to pay for non-highway projects, such as cleaning up the Puget Sound.

The second element of the legislation that could create friction at the local level is in the provision allowing cities and counties to pass a motor vehicle excise tax of up to 1 percent or a vehicle license fee of up to $40. The governor’s office is working on language in the bill that would prevent two overlapping jurisdictions—say, Seattle and King County—from both passing either an MVET or a license fee. In other words, the legislation would go further than just barring two overlapping jurisdictions from passing the same kind of fee; it would also, for example, bar Seattle from passing an MVET if King County passed a license fee first.

The goal, Ziegler said, is to prevent the “piling on of fees” at the local level. But the language could set off an unintended arms race between cities and counties to be the first to grab up any local taxing authority.

Gregoire will release the language of the legislation early next week, Ziegler said.


  • FrequentPoster

    The second element of the legislation that could create friction at the
    local level is in the provision allowing cities and counties to pass a
    motor vehicle excise tax of up to 1 percent or a vehicle license fee of
    up to $40.

    These idiots must secretly looooooove Tim Eyman!

  • Verd1n

    I like the idea of a $1.50/barrel “fee” on oil.  Why, it allows the owner of a house or building, heated with good old No. 2 Diesel (oil) to pay his/her fair share of the road costs when he/she moves the house, a frequent event every million years or so.

    As for the county vs. city grab at a new excise tax or fee, it may cause every vehicle owner to establish a new business in any small rural county whose business focus is on providing a corporate registration address for any vehicle for corporation business.  The new corporation, now owning the vehicle, would be a non-profit corporation founded with the sole purpose of keeping an eye on exorbitant taxes.  It’ll cost $10/year to the secretary of state but look what you save – transit taxes, King County taxes, the plethora of newly adopted Seattle taxes, to the tune of about $150/year.

    What’s not to like about that.  Hell, it gets you out of emission tests, too.

     

  • Bark More Wag Less

    How about no more tax tax kick backs to the tribes, or don’t they care about CO2 emissions with their cheap gas?

  • jimu

    A fee is a tax. Voters don’t want more taxes, so what does Gregoire do? Tries to charge fees.

    She overspent in good times and is trying to overspend in bad times. Chris Gregoire can’t find the exit soon enough.

  • Dick Burkhart

    A fee on unrefined oil would not be subject to the 18th amendment, as the 18th amendment applies only to “motor vehicle fuel”. Of course Gregoire could still specify in the bill that the fee would be for highway purposes only. In any case the fee would probably be attacked in the courts as actually a tax, and maybe successfully, as the 18th amendment describes an “excise tax”.

    That said, this would be a great source of revenue.

  • fount

    The Tribes are required the spend every dollar of these “kickbacks” on transportation projects in their jurisdictions.

    I thought you conservatives were all for more decision-making power at the local level — except, apparently, when those local people are people of color.

  • http://manywordsforrain.blogspot.com/ Mr Baker

    Emissions tests are being phased out.
    I would guess that some companies will attemp this, and that it will be legislated out of existence.

  • http://manywordsforrain.blogspot.com/ Mr Baker

    A fee and a tax are treated differently. A nexus is nessisary for a fee.

    http://www.washingtonpolicy.org/blog/post/it-tax-or-fee

  • http://manywordsforrain.blogspot.com/ Mr Baker

    See above, it is a fee as long as you retain the nexus.
    http://www.washingtonpolicy.org/blog/post/it-tax-or-fee

    Stray away from that and it unravels.

  • Bark More Wag Less

    So every collection of ‘people of color’ should get their own pot of gold to spend as they wish? I guess they need a lot of paving for those parking lots at the casinos.

  • Bark More Wag Less

    BTW, these particular people of color are exempt from public disclosure laws on how this money is spent. The bill will eliminate that.

    Are you for pubic disclosure of your tax money?

  • Noneya

    spoken like a “true ignorant redneck”  !!

    your know it all posts just show how ignorant you really are ..

  • fount

    No, but the Tribes are and always have been a special case. They have been treated differently by the law for a hundred and fifty years, because the treaties we signed with them said we would treat them differently.

    Once again, I thought conservatives were all for honoring contracts (when they were about bonuses to AIG). I guess when it’s contracts with people of color, following or not following them is up to the government.

  • Mikos

    Pretty clearly a tax since it is a revenue raiser and it provides a general public benefit.  It not only targets people who use drive but those who might not (people who heat with oil or use it for other than transportation purposes would pay it the “fee” as well). It seems DOA to me unless lawmakers try to pass it as a fee.  As previously stated, this is the kind of stuff that helps Eyman make his mortgage payments.

  • FrequentPoster

    Well, every now & then we’ll agree on something. I think it’s pretty hard to argue that “the tribes” haven’t gotten a royal screwing in the larger scheme of things. A crumb here and there, especially if it’s required to be spent on roads, is fine with me.

  • bs more wag less

    bmwl however never called for public disclosure to be applied to boeing when it gets tax breaks premised on statements it will create a certain number of jobs — it’s only when it’s people of color it’s suddenly a problem.

    but we already know barker is  a big old racist, he said the usa couldn’t achieve what they have done in germany or finland because we are diverse and they not so much, which of course is code for saying black people and brown people are lazy and shiftless, the same old racism from centuries and prior decades is now wrapped up in righteous bullshit.  but it’s still racist. 

  • Bark More Wag Less

    Boeing, MSFT are publicly traded companies. All their employement data is readily available.

  • Will in Seattle

    The fee is on production.

    Chris “No Removing Tax Exemptions for Millionaires or Cirporations” Gregoire is correct about the Constitution.

  • http://manywordsforrain.blogspot.com/ Mr Baker

    Pretty clearly Lisa Brown thinks it is a fee.