Northwest Motorcycle Ass'n v. Interagency Committee for Outdoor Recreation
Northwest Motorcycle Ass'n v. Interagency Committee for Outdoor Recreation
Opinion of the Court
¶1 Northwest Motorcycle Association
Facts
¶2 In 1944, responding to concern that gasoline
¶4 Northwest Motorcycle Association, a nonprofit corporation, filed a petition for judicial review of an agency action in April 2003 and requested a declaration that those portions of the statutory amendments authorizing use of the gasoline excise tax refund for nonmotorized recreation facilities were unconstitutional. In its second amended petition, filed in October 2003, the motorcycle association named the IAC, the Parks and Recreation Commission, the Department of Natural Resources, and the directors of
¶5 All parties filed cross motions for summary judgment. By memorandum opinion filed on January 28, 2004, the trial court found that use of the gasoline excise tax refund for nonmotorized recreation projects was authorized as a highway purpose under article II, section 40. The trial court granted the respondents’ motions for summary judgment and dismissed the motorcycle association’s petition and claims with prejudice. This appeal timely followed.
Use of the Gasoline Excise Tax Refund foe Nonmotoeized Receeation
¶6 The sole issue on appeal is whether those portions of RCW 46.09.170 authorizing the use of the refund from the gasoline excise tax to construct and maintain nonmotorized recreation trails and facilities are unconstitutional. The trial court dismissed the motorcycle association’s suit on summary judgment, concluding that the term “[r]efunds authorized by law” in article II, section 40 of the Washington Constitution unambiguously included the refund authorized by RCW 46.09.170. We review the trial court’s decision de novo. Pierce County v. State, 150 Wn.2d 422, 429, 78 P.3d 640 (2003). Summary judgment was properly granted if there were no genuine issues of material fact and the IAC was entitled to judgment as a matter of law. Id.; CR 56(c).
¶7 We begin with the general rule that statutes are presumed constitutional. Pierce County, 150 Wn.2d at 430; Retired Pub. Employees Council of Wash. v. Charles, 148 Wn.2d 602, 623, 62 P.3d 470 (2003). The party seeking to overcome that presumption carries the heavy burden of
¶8 In this case, the motorcycle association contends the refunds authorized by article II, section 40 do not justify use of funds from the gasoline excise tax to finance construction and maintenance of nonmotorized recreation trails and facilities. The pertinent language from article II, section 40 is as follows:
HIGHWAY FUNDS. All fees collected by the State of Washington as license fees for motor vehicles and all excise taxes collected by the State of Washington on the sale, distribution or use of motor vehicle fuel and all other state revenue intended to be used for highway purposes, shall be paid into the state treasury and placed in a special fund to be used exclusively for highway purposes. Such highway purposes shall be construed to include the following:
(a) The necessary operating, engineering and legal expenses connected with the administration of public highways, county roads and city streets;
(b) The construction, reconstruction, maintenance, repair, and betterment of public highways, county roads, bridges and city streets ....
(d) Refunds authorized by law for taxes paid on motor vehicle fuels',
(e) The cost of collection of any revenues described in this section.
¶9 “When interpreting constitutional provisions, we look first to the plain language of the text and will accord it its reasonable interpretation.” Wash. Water Jet Workers Ass’n v. Yarbrough, 151 Wn.2d 470, 477, 90 P.3d 42 (2004), cert. denied, 543 U.S. 1120, 125 S. Ct. 1070 (2005). We give the words of the text their ordinary meaning at the time they were drafted. Id. The historical context of the constitutional provision should also be considered. Westerman v. Cary, 125 Wn.2d 277, 288, 892 P.2d 1067 (1994).
¶10 In drafting article II, section 40, its framers intended to ensure that motor vehicle license fees and gasoline taxes paid by drivers using public highways, county roads, and city streets would be used to construct and maintain the highways, roads, and streets upon which they drive. Heavey, 138 Wn.2d at 810-11 (quoting State ex rel. O’Connell v. Slavin, 75 Wn.2d 554, 559, 452 P.2d 943 (1969)). This intent is clearly expressed in the unambiguous language of the provision. Id. at 810. By including “Refunds authorized by law for taxes paid on motor vehicle fuels” as a “highway purpose,” the framers apparently intended to return the share of those taxes paid by drivers who expended fuel driving on roadways other than public highways, roads, and streets. Const, art. II, § 40. Thus, the refund is paradoxically a “highway purpose” for taxes levied on nonhighway driving.
¶11 The cases cited by the motorcycle association representing the legislature’s unconstitutional attempts to use motor vehicle funds in conflict with the highway purposes provided in article II, section 40 are inapposite. See O’Connell, 75 Wn.2d 554 (maintenance of a public trans
¶12 The motorcycle association on the one hand argues that a refund unambiguously means the actual return of gasoline taxes to people who used the gasoline for nonhighway purposes. On the other hand, the motorcycle association seems to contend that the refund can also mean a transfer of these funds to NOVA, as long as the funds are used to construct and maintain nonhighway trails open to motorized vehicles. We accept neither suggestion. The phrase “refunds authorized by law for taxes paid on motor vehicle fuels” is unambiguous. A refund is generally “a sum that is paid back.” Webster’s Third New International Dictionary 1910 (1993). Article II, section 40 merely provides that this sum must be authorized by law and that it is paid back from taxes paid for gasoline. The clear inference is that the sum should be returned to those people who used the gasoline for nonhighway purposes.
¶13 At the time of the enactment of article II, section 40, Washington statutes already authorized refunds for nonhighway use of fuel. See, e.g., RCW 82.36.280; Mason-Walsh-Atkinson-Kier Co. v. Case, 2 Wn.2d 33, 97 P.2d 165 (1939). These refunds generally applied to all internal combustion vehicles that were not motor vehicles licensed to be operated on the public highways. RCW 82.36.280. According to statistics compiled in an LAC-
¶14 This is a legislative policy, so our task is simply to determine if RCW 46.09.170 is constitutional. Heavey, 138 Wn.2d at 813. Giving the appropriate deference, we conclude that an annual one percent withdrawal from the motor vehicle fund (an estimate of the taxes paid for nonhighway gasoline use) falls within the refund authorized by article II, section 40. The legislature’s disbursal of that refund through NOVA for the benefit of the affected taxpayers comes within its plenary powers of taxation. Heavey, 138 Wn.2d at 808-09. We find nothing in article II, section 40 that specifically prohibits the legislature from disbursing the “refund” as it sees fit. Id. at 813. RCW 46.09.170 is then constitutional. We affirm the summary dismissal of Northwest Motorcycle Association’s challenge to this legislative scheme. Pierce County, 150 Wn.2d at 429.
¶15 Affirmed.
Sweeney, A.C.J., and Kurtz, J., concur.
Review denied at 156 Wn.2d 1008 (2006).
Three members of the motorcycle association — Paul Ostbo, Richard Law, and Byron Stuck — are also parties to the lawsuit.
We use the term “gasoline” to refer generically to all types of motor vehicle fuel.
Early versions of the statute provided that a portion of the motor vehicle fund representing fuel purchased for all-terrain vehicles should be refunded and placed in a special fund for construction and maintenance of trails for all-terrain vehicles. Laws of 1971, Ex. Sess., ch. 47, § 22; Laws of 1972, Ex. Sess., ch. 153, § 15. The one percent cap on this refund was first adopted in Laws of 1974, extraordinary session, chapter 144, section 3. Language tying the refund to fuel used by all-terrain vehicles was removed from the statute in 1975. Laws of 1975, 1st Ex. Sess., ch. 34, § 1. An amendment in 1977 first authorized the use of the refund for nonhighway purposes other than all-terrain (ORV) trails. Laws of 1977, Ex. Sess., ch. 220, § 14.
The statute was first amended to authorize use of the gasoline tax refund for nonmotorized recreational uses in 2002. Laws of 2002, ch. 238, § 123(3)(b). This budgetary amendment expired in June 2003 and was replaced by the 2003 amendments. The 2003 amendments in turn expire on June 30, 2005 and will be replaced by amendments adopted in Laws of 2004, ch. 105, §§ 5-6.
Reference
- Full Case Name
- Northwest Motorcycle Association v. The Interagency Committee for Outdoor Recreation
- Cited By
- 7 cases
- Status
- Published