Z-749                 _______________________________________________

                                                   SENATE BILL NO. 3883

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators McDermott and Rasmussen; by Department of Revenue request

Read first time 2/8/85 and referred to Committee on Ways and Means.

AN ACT Relating to the tax on conveyances; adding a new section to chapter 82.20 RCW; repealing RCW 82.20.020, 82.20.030, and 82.20.040; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 82.20 RCW  to read as follows:

          On and after July 1, 1985, the tax imposed by this chapter shall be paid to and collected by the treasurer of the county within which is located the real property which was sold; the treasurer acting as agent for the state.  The county treasurer shall cause a stamp or notation to be affixed to the deed, instrument, document, paper, or writing of conveyance evidencing payment of the tax prescribed in this chapter.

          The department of revenue shall prescribe minimum standards for uniformity in reporting, application, and collection of the tax imposed by this chapter.  The department shall adopt such rules consistent with this chapter as shall be necessary to permit its effective administration including procedures for payment, collection, and remittance of the tax.  The department shall also prescribe a form for use in collecting the tax imposed by this chapter or, in its discretion, may authorize the use of the real estate excise tax affidavit form prescribed in RCW 82.45.120.

          No deed, instrument, document, paper, or writing of sale or conveyance evidencing a transaction subject to tax shall be accepted by the county auditor for filing or recording until the tax shall have been paid and the stamp affixed thereto.  If the tax imposed by this chapter is not due on the conveyance, sale, or transfer, the instrument shall not be so accepted by the county auditor for filing or recording until a suitable stamp or notation of that fact has been made on the deed, instrument, document, paper, or writing by the treasurer.

          The county treasurer shall place one percent of the proceeds of the tax imposed by this chapter in the county current expense fund to defray costs of collection and shall pay over to the state treasurer and account to the department of revenue for the remainder of the proceeds at the same time the county treasurer remits funds to the state under RCW 84.56.280.

NEW SECTION. Sec. 2.  The following acts or parts of acts are each repealed:

                   (1) Section 82.20.020, chapter 15, Laws of 1961, section 57, chapter 278, Laws of 1975 1st ex. sess. and RCW 82.20.020;

          (2) Section 82.20.030, chapter 15, Laws of 1961, section 58, chapter 278, Laws of 1975 1st ex. sess. and RCW 82.20.030; and

          (3) Section 82.20.040, chapter 15, Laws of 1961, section 59, chapter 278, Laws of 1975 1st ex. sess. and RCW 82.20.040.

          These repeals shall not be construed as affecting any existing right acquired or liability or obligation incurred under the statutes repealed or under any rule, regulation, or order adopted pursuant thereto; nor as affecting any proceeding instituted thereunder.

NEW SECTION. Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985.