Revised Code of Washington - RCW Title 81 Transportation - Section 81.104.160 Motor vehicle excise tax -- Sales and use tax on car rentals

§ 81.104.160. Motor vehicle excise tax -- Sales and use tax on car rentals

An agency may impose a sales and use tax solely for the purpose of providing high capacity transportation service, in addition to the tax authorized by RCW 82.14.030, upon retail car rentals within the agency's jurisdiction that are taxable by the state under chapters 82.08 and 82.12 RCW. The rate of tax shall not exceed 2.172 percent. The base of the tax shall be the selling price in the case of a sales tax or the rental value of the vehicle used in the case of a use tax.

Any motor vehicle excise tax previously imposed under the provisions of RCW 81.104.160(1) shall be repealed, terminated and expire on December 5, 2002.

[2003 c 1 § 6 (Initiative Measure No. 776, approved November 5, 2002); 1998 c 321 § 35 (Referendum Bill No. 49, approved November 3, 1998). Prior: 1992 c 194 § 13; 1992 c 101 § 27; 1991 c 318 § 12; 1990 c 43 § 42.]

Notes:
     Reviser's note: The legality of the amendatory changes to this section made by section 6, chapter 1, Laws of 2003 (Initiative Measure No. 776) are still being contested.

     Severability -- Savings -- 2003 c 1 (Initiative Measure No. 776): "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. If the repeal of taxes in section 6 of this act is judicially held to impair any contract in existence as of the effective date of this act, the repeal shall apply to any other contract, including novation, renewal, or refunding (in the case of bond contract)." [2003 c 1 § 10 (Initiative Measure No. 776, approved November 5, 2002).]

     Repeal of taxes by 2003 c 1 § 6 (Initiative Measure No. 776): "If the repeal of taxes in section 6 of this act affects any bonds previously issued for any purpose relating to light rail, the people expect transit agencies to retire these bonds using reserve funds including accrued interest, sale of property or equipment, new voter approved tax revenues, or any combination of these sources of revenue. Taxing districts should abstain from further bond sales for any purpose relating to light rail until voters decide this measure. The people encourage transit agencies to put another tax revenue measure before voters if they want to continue with a light rail system dramatically changed from that previously represented to and approved by voters." [2003 c 1 § 7 (Initiative Measure No. 776, approved November 5, 2002).]

     Construction -- Intent -- 2003 c 1 (Initiative Measure No. 776): See notes following RCW 46.16.0621.

     Purpose -- Severability -- 1998 c 321: See notes following RCW 82.14.045.

     Contingent effective dates -- 1998 c 321 § § 23-42: See note following RCW 35.58.410.

     Legislative intent -- 1992 c 194: See note following RCW 82.08.020.

     Effective dates -- 1992 c 194: See note following RCW 46.04.466.

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Last modified: April 7, 2009