43.135.055 - Fee restrictions--Exception. - Washington Statutes

Fee restrictions — Exception.

(1) No fee may be imposed or increased in any fiscal year without prior legislative approval and must be subject to the accountability procedures required by RCW 43.135.031.

     (2) This section does not apply to an assessment made by an agricultural commodity commission or board created by state statute or created under a marketing agreement or order under chapter 15.65 or 15.66 RCW, or to the forest products commission, if the assessment is approved by referendum in accordance with the provisions of the statutes creating the commission or board or chapter 15.65 or 15.66 RCW for approving such assessments.

[2008 c 1 § 14 (Initiative Measure No. 960, approved November 6, 2007); 2001 c 314 § 19; 1997 c 303 § 2; 1994 c 2 § 8 (Initiative Measure No. 601, approved November 2, 1993).]

Notes: Findings -- Intent -- Construction -- Severability -- Subheadings and part headings not law -- Short title -- Effective date -- 2008 c 1 (Initiative Measure No. 960): See notes following RCW 43.135.031.

Findings -- Construction -- Severability -- 2001 c 314: See RCW 15.100.010, 15.100.900, and 15.100.901.

Findings -- 1997 c 303: "The legislature finds that Initiative Measure No. 601, adopted by the people of the state of Washington, limits fee increases by requiring that any increases in fees beyond the levels expressly allowed under the initiative receive the prior approval of the legislature. The legislature finds that a more direct system of allowing the people to control fee increases predates Initiative Measure No. 601. This system developed in agricultural communities and provides these communities with direct control of the fees of the agricultural commodity commissions they created to serve them. The system requires those who pay the assessments levied by commodity commissions and boards to approve of assessment increases by referendum. It is at the heart of the statutes and marketing orders and agreements under which agricultural commodity commissions and boards are created. The legislature does not believe that the adoption of Initiative Measure No. 601 was intended to dilute in any manner this more direct control held by the people governed by commodity commissions or boards over the fees they pay in the form of such assessments. Therefore, the legislature defers to this more direct control of these assessments so long as the authority to approve or disapprove of increases in these assessments is by referendum held directly by those who pay them." [1997 c 303 § 1.]

Effective date -- 1997 c 303 §§ 1-3: "Sections 1 through 3 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 9, 1997]." [1997 c 303 § 9.]

Toll increases in excess of fiscal growth factor: RCW 47.46.120.