Form revised: July 12, 2011
FISCAL NOTE FOR NON-CAPITAL PROJECTS
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Department: |
Contact Person/Phone: |
CBO Analyst/Phone: |
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FAS |
Denise Movius/4-9259 |
Jennifer Devore/5-1328 |
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Legislation Title: AN ORDINANCE relating to the regulation of limousines; authorizing the Director of Finance and Administrative Services to enforce state limousine laws; adopting local laws regulating limousines consistent with state limousine laws; authorizing a cooperative agreement with the Washington Department of Licensing for the enforcement of limousine laws and regulations; creating a new Chapter 6.320 in the Seattle Municipal Code; amending the 2012 budget; and ratifying and confirming certain prior acts; all by a three-fourths vote of the City Council. |
Background: Since the regulatory authority for limousines was transferred to the Washington State Department of Licensing in 1996, in the City of Seattle there has been little to no regulation and enforcement of this industry, which operates in direct competition with Seattle taxicabs. Department of Licensing fees do not support the hiring of dedicated full-time inspectors needed for effective enforcement of widespread violations. Therefore, this industry continues to operate illegally.
As a result of increasing public complaints about limousines aggressively soliciting passengers at the Colman Ferry Dock and other areas throughout the city, in 2009 the City sought authority from the State Legislature to regulate the limousine industry at the local level. HB 1775 originally allowed full regulatory authority over certain limousines to be delegated to the City of Seattle, similar to the authority granted the Port of Seattle. As a result of concerns brought forward by the limousine industry during the 2009 legislative session, the prime sponsor asked state regulators, the City of Seattle and limousine industry representatives to develop a bill that all could support for the 2010 legislative session.
In 2010, after working with the Department of Licensing and industry representatives throughout the previous summer, a proposed substitute bill was introduced that sought authority for Seattle to only enforce state laws. (Seattle dropped its request to be granted the authority to locally regulate the limousine industry.) However, despite its involvement in the interim discussions, one segment of the limousine industry opposed the substitute bill and the legislation died.
In 2011, after continuing to work with the industry and refining the legislation, Substitute Senate Bill 5502 was passed. It provides authority for cities with a population of 500,000 or more to enter into cooperative agreements with the Washington Department of Licensing for the purpose of enforcing state laws or rules applicable to limousine carriers and chauffeurs beginning January 2012.
Please check one of the following:
____ This legislation does not have any financial implications.
(Please skip to “Other Implications” section at the end of the document and answer questions a-h. Earlier sections that are left blank should be deleted. Please delete the instructions provided in parentheses at the end of each question.)
__X__ This legislation has financial implications.
(If the legislation has direct fiscal impacts (e.g., appropriations, revenue, positions), fill out the relevant sections below. If the financial implications are indirect or longer-term, describe them in narrative in the “Other Implications” Section. Please delete the instructions provided in parentheses at the end of each title and question.)
Appropriations:
(This table should reflect appropriations that are a direct result of this legislation. In the event that the project/programs associated with this ordinance had, or will have, appropriations in other legislation please provide details in the Appropriation Notes section below. If the appropriation is not supported by revenue/reimbursements, please confirm that there is available fund balance to cover this appropriation in the note section.)
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Fund Name and Number |
Department |
Budget Control Level* |
2011 Appropriation |
2012 Anticipated Appropriation |
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Finance and Administrative Services Fund (50300) |
Finance and Administrative Services |
Revenue and Consumer Protection (A4530) |
$0 |
$36,725 |
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TOTAL |
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$36,725 |
*See budget book to obtain the appropriate Budget Control Level for your department.
Appropriations Notes:
This compensation comes from funds derived from limousine carrier license and limousine vehicle certificate fee revenue, and is restricted to use by the City for costs of enforcing state laws and regulations relating to limousine carriers, vehicles and chauffeurs. Washington State has agreed to reimburse the City up to $130,000 per City fiscal year, beginning January 1, 2012.
This revenue from Washington State will fund an existing position in FAS that is estimated to cost $93,275 in 2012, for which FAS has already received appropriation authority through the 2012 Adopted Budget; and $36,725 in administrative support which is appropriated for 2012 in this legislation.
Anticipated Revenue/Reimbursement Resulting from this Legislation:
(This table should reflect revenues/reimbursements that are a direct result of this legislation. In the event that the issues/projects associated with this ordinance/resolution have revenues or reimbursements that were, or will be, received because of previous or future legislation or budget actions, please provide details in the Notes section below the table.)
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Fund Name and Number |
Department |
Revenue Source |
2011 Revenue |
2012 Revenue |
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Finance and Administrative Services Fund (50300) |
Finance and Administrative Services |
Washington State Department of Licensing |
$ 0 |
$ 36,725 |
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TOTAL |
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$ 36,725 |
Revenue/Reimbursement Notes: The revenue from the State of Washington that supports the full-time position was included in the 2012 Budget. The new revenue that backs administrative support for the new function results directly from this legislation.
Total Regular Positions Created, Modified, or Abrogated through this Legislation, Including FTE Impact:
(This table should only reflect the actual number of positions affected by this legislation. In the event that positions have been, or will be, created as a result of other legislation, please provide details in the Notes section below the table.)
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Position Title and Department |
Position # for Existing Positions |
Fund Name & # |
PT/FT |
2011 Positions |
2011 FTE |
2012 Positions* |
2012 FTE* |
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TOTAL |
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* 2012 positions and FTE are total 2012 position changes resulting from this legislation, not incremental changes. Therefore, under 2012, please be sure to include any continuing positions from 2011.
Position Notes: The full-time inspection work will be performed by a position whose responsibilities are redirected from elsewhere in the Division. In 2012, the administrative work in support of the new function will be performed through temporary employment.
Other Implications:
a) Does the legislation have indirect financial implications, or long-term implications?
No
b) What is the financial cost of not implementing the legislation?
No financial cost to the City, but continued illegal soliciting impacts the economics of Seattle’s taxicab industry.
c) Does this legislation affect any departments besides the originating department?
No
d) What are the possible alternatives to the legislation that could achieve the same or similar objectives?
There are no alternatives to the legislation as Seattle is pre-empted from enacting laws at the local level to regulate the limousine industry.
e) Is a public hearing required for this legislation?
(If yes, what public hearing(s) have been held to date, and/or what public hearing(s) are planned for the future?)
No special public hearing is required.
f) Is publication of notice with The Daily Journal of Commerce and/or The Seattle Times required for this legislation?
No
g) Does this legislation affect a piece of property?
No
h) Other Issues:
List attachments to the fiscal note below: