HomeMy WebLinkAbout11-30-2009 � /�--•�*
CITY OF_--�" . * CITY COUNCIL
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� COMMITTEE OF THE WHOLE
k WASHINGTON November30, 2009 5:OOPM
Council Chambers
COMMITTEE OF THE WHOLE TOPICS FOR DISCUSSION
I. Legislative Update
OTHER ITEM$ MAY BE DISCUSSED BY THE COMMITTEE OF THE WHOLE.
� NO ACTION WILL BE TAKEN BY THE COUNCIL ON ANY ITEM DURING A
COMMITTEE OF THE WHOLE MEETING.
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* * Auburn City Hall
cmroF -�� * 25 West Main Street
Auburn WA 98001
* WASHING'TON
City Contact: Carolyn Robertson,
Government Relations
2010 L,egislative Agenda (253) 261 2274
November30, 2009 crobertson@aubur.nwa.gov
City of Auburn Priorities
Street Maintenance Utility
This bill would create the ability for local goyernments to proportionatelytaac c.ustomers based
on use of the utility. Sustainable transportation revenue is a high priority fo;the city therefore
we will be supporting this AWC option.
Brokered Natural Gas
Last year the Court df Appeals Diyision II issued a decision in G-P Gypsum v. Dept. of
Revenue impacting the City of Tacoma's brokered natural gas use ta�c,wlrich has the potential
to effectively eliminate the taa�for cities. The court helci that the "place of use" fbr purposes of
the local option brokered natural gas taac is the place the customer first exercises dominion and
control in the state, not the place of consuinption..Since brokered natural gas oustomers cari
take delivery at the point of drigin of tlie gas (outside the state), tlie place of first dominion
and control in the stafe could be at the border.
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The Department ofRevenue's petition asking the Supreme Court to review this decision has
been accepted and the Supreme Court has schedule3 argfunenfs on November 17, 2009. If the
Supreme Court upholds tHe Appeal Court decision,cities levying the btokered natural gas tax
could face up to four years of refund
requests. DOR has received several refund requests based on the Gypsum case,and it is
holding acrion on those requests pending the outcoine of the Supreme Court case.
AWC pursued legislation during the 2009 session clarifying the definition of use for the
brokered natural gas use taac. HB 1422 and several other proposed amendments to bilis were
introduced to achieve this "fix," but did not pass before the end of the legislative session. This
is a prioriry bill for AWC. We aze one of several cities needing this legislative fix.
SST Mitigation Fqnding
It is critical to the City of Aubum that it.continue to receive its mitigation payments. Without
those revenues of almost$2 million, core services in our cominunity effecting our
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cirizens quality of life will.have to be significantly redubed.
Lake Tapps Parkway
This road is a critical piece of infrastructure to the citizens who live in_Lakeland Hills.
Compledon of thisproject is a top priority for our citizens in Pierce Gounty. VJe would like to
work with WSDOT and other stakeholders to prioritize and complete Lake Tapps Pazkway.
tiUBURN * MORE THAN YOU [MAGINED
Freight Corridors
Aubum is one of sgveral cities wluch make up the third lazgest industrial'azeas in the nation.
Freight impacts on our community are not adequately funded. These vital corridors must be
maintained in order for:state to be competitive in today's market.
Municipal Corporarion Liability Immunity
Current state law does not exp;egsly granf liability immunity to municipal corporations or
flood control districts for good-faith flood response actions. The cities in tHe Grreen River
Valley aze working to jointly seek legislation to graat this imriinriify to cities.
Amtrak Stop
The City of Anbum would like to haue a daily stop of the Cascades line.
Noise Suppression Bill
This bill will allow Law Enforcement Officers in Washington State to use Noise Suppression
devices to reduce the noise from theu weapons, significantly reducing heazing loss of officers.
This bill is supported by the Washington Association of Sheriffs and Police Cluefs:(W?.SPC)
Accomplice Liability
In 2002,the City ofAubum attempted to charge an adult individual who was a passenger in
an automobile accident as an accomplice to a DUI (among other charges). Edidence
disoovered by police officers at the sceng clearly showed that this mdividual pmvided minors
with alcohol and tobacco and encouraged reckless behavior that resulted in an automobile
accident in which the individual, among others,was seriodsly injured and the driver was
killed.
On appeal in 2008, a King County Superior Court Judge ordered the ehazges against the
indidicual di'smi'ssed. The reasoning of the Court was that RCW 9A.08.020 (5),iegaazding
accomplice liability, was unambigdous. This patricular RCW states ttiat a person who isa
victim of a crime cannot also be charge.d as an accomplice to that crime. Tn essence, since the
individual was injured in the car accident,they could not be chazged for any of her actions
that contributed to the accident.
The Court suggested that the City seek clarification to this state statute to ensure that a victim
that materially contributes to the crime that causes their injury could be chazged(crimuially)
with liability as an accomplice. The Ciry of Aubum is seeking support for a ctiange to RCW
9A.08.020 (5)to accomplish this clarification. As with every legislative session,we do
expect that many of tlie iiznal issues/bills will reapp.ear. For example we anticipate the crime
free:rental liousirig issue, land use density bills apd impacts to local govemment revenues to
be intsodnced especially given the current budget deficit of the State:
Your Government Relations Team will continue to actively monitor all legislatibn and Keep
you informed of our progress.
AUBURN * MORE THAN 1'OU IMAGINED