S-449                 _______________________________________________

                                                   SENATE BILL NO. 5145

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Talmadge, Moore and Garrett

Read first time 1/16/87 and referred to Committee on Governmental Operations.

AN ACT Relating to graffiti; amending RCW 35.87A.010; adding a new section to chapter 26.28 RCW; adding a new section to chapter 82.14 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 82.14 RCW to read as follows:

          The governing body of any county, city, or town, may, by resolution or ordinance for the sole purpose of providing funds for removing graffiti, fix and impose a sales and use tax on the retail sale of each can of spray paint.  The rate of such tax shall not exceed four percent of the selling price or value of the article used.  The tax authorized pursuant to this section shall be in addition to the tax authorized by RCW 82.14.030 and shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of the same taxable event within such county, city, or town.  Any county resolution or ordinance adopted under this section shall contain a provision allowing a credit for the full amount of any sales or use tax imposed under this section by a city or town upon the same taxable event.  No legislative body may impose a sales and use tax under this section without submitting an authorizing proposition to the voters and obtaining the approval of a majority of persons voting thereon.

        Sec. 2.  Section 1, chapter 45, Laws of 1971 ex. sess. as last amended by section 1, chapter 128, Laws of 1985 and RCW 35.87A.010 are each amended to read as follows:

          To aid general economic development and to facilitate merchant and business cooperation which assists trade, the legislature hereby authorizes all counties and all incorporated cities and towns, including unclassified cities and towns operating under special charters:

          (1) To establish, after a petition submitted by the operators responsible for 60 percent of the assessments by businesses within the area, parking and business improvement areas, hereafter referred to as area or areas, for the following purposes:

          (a) The acquisition, construction or maintenance of parking facilities for the benefit of the area;

          (b) Decoration of any public place in the area;

          (c) Removing graffiti in the area;

(d) Promotion of public events which are to take place on or in public places in the area;

          (((d))) (e) Furnishing of music in any public place in the area;

          (((e))) (f) Providing professional management, planning, and promotion for the area, including the management and promotion of retail trade activities in the area; or

          (((f))) (g) Providing maintenance and security for common, public areas.

          (2) To levy special assessments on all businesses  within the area and specially benefited by a parking and business improvement area to pay in whole or in part the damages or costs incurred therein as provided in this chapter.

NEW SECTION. Sec. 3.  A new section is added to chapter 26.28 RCW to read as follows:

          Every person who sells or gives spray paint, or permits spray paint to be sold or given, to any person under the age of eighteen shall be guilty of a gross misdemeanor.