ESSB 5656 -
By Committee on Local Government
NOT CONSIDERED
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 35.102
RCW to read as follows:
(1) Except as provided otherwise by subsection (3) of this section,
by July 1, 2019, each city that imposes a business and occupation tax
under this chapter must have its general business licenses issued and,
if a renewal is required, renewed through the business licensing system
or through a city-developed portal.
(2) Except as provided otherwise by subsection (3) of this section,
by July 1, 2019, each city that does not impose a business and
occupation tax under this chapter must have its general business
licenses issued and, if a renewal is required, renewed through the
business licensing system or through a city-developed portal.
(3) The department or the cities may delay or phase-in the issuance
and renewal of general business licenses beyond July 1, 2019, if
funding or other resources are insufficient to enable the department or
the cities to comply with this section.
(4) The department, working with affected cities, may establish a
schedule for assuming the issuance and renewal of general business
licenses for cities choosing this option. Cities may continue to issue
and renew their general business licenses until those licenses have
been incorporated into the business licensing system. A city whose
general business license has been incorporated into the business
licensing system must utilize the business licensing system and may not
directly issue or renew those licenses.
(5)(a) By July 1, 2017, the department must provide a report to the
appropriate committees of the house of representatives and senate
indicating:
(i) What actions the department has taken to comply with this
section and what the costs of those actions were;
(ii) What actions the department anticipates taking between July 1,
2017, and July 1, 2019, to comply with the requirements of this section
and what the anticipated costs of those actions will be;
(iii) What actions the department has taken to comply with the
diverse and differing needs of small, medium, and large cities subject
to the requirements of this section; and
(iv) Whether, in the department's judgment, the department believes
it will be able to comply with the deadlines established in subsections
(1) and (2) of this section.
(b) The report required by (a) of this subsection must be prepared
by the department in consultation with cities and other affected or
interested parties.
(6) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Business and occupation tax" has the same meaning as in RCW
35.102.030.
(b) "Business licensing system" means the business licensing system
or service of the department established in accordance with chapter
19.02 RCW.
(c) "City-developed portal" means a single portal with at least
five participating cities that allows for the issuance or renewal of
general business licenses for all participating cities.
(d) "Department" means the department of revenue.
(7)(a) This section expires July 1, 2018.
(b) The intent of the expiration date in this subsection is to
afford the legislature a full opportunity to review and revise the
requirements of this section to ensure that compliance with its
provisions occurs in a timely, thoughtful, and appropriate manner that
best meets the needs of businesses and cities throughout Washington
state."
Correct the title.
EFFECT: In comparison to the underlying bill, the striking amendment: (1) Changes the deadline for cities that impose a business and occupation tax from July 1, 2016, to July 1, 2019; (2) changes the deadline for cities that do not impose a business and occupation tax from January 1, 2019, to July 1, 2019; (3) defines "department" to mean the Department of Revenue (DOR), and "business licensing system" to mean the business licensing system or service established in accordance with provisions for the DOR in chapter 19.02 RCW; (4) modifies delayed implementation provisions by specifying that the DOR or the cities may delay or phase-in the issuance and renewal of general business licenses beyond July 1, 2019, if funding or other resources are insufficient to enable the DOR or the cities to comply with requirements for utilizing the business licensing system or a city-developed portal; (5) requires the DOR to provide a report by July 1, 2017, that indicates its progress, costs, and assessments in complying with requirements of the bill; (6) expires the bill on July 1, 2018, and provides associated intent provisions; and (7) makes technical changes.