6102-S AMS ERIC S4422.1

SSB 6102  - S AMD474
     By Senator Ericksen

     Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1   (1) This section is the tax preference performance statement for the tax preference contained in sections 2 and 3 of this act. This performance statement is only intended to be used for subsequent evaluation of the tax preference. It is not intended to create a private right of action by any party or be used to determine eligibility for preferential tax treatment.
     (2) The legislature categorizes this tax preference as intended to extend the purchasing power of funds for highway construction, maintenance, and improvements when such funds are acquired through indebtedness.
     (3) The legislature's specific public policy goal is to reduce the cost of highway projects when such projects are funded through debt.
     (4) The department of transportation must provide the data necessary to perform a review to the joint legislative audit and review committee during the year in which the review will be conducted.

NEW SECTION.  Sec. 2   A new section is added to chapter 82.08 RCW to read as follows:
     (1) The tax levied by RCW 82.08.020 does not apply to purchases, or portions of purchases, for highway construction, maintenance, or improvement of facilities owned by the state, when the purchase is made with moneys acquired by the department of transportation from indebtedness.
     (2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Indebtedness" means all debt incurred by the state for a term greater than one year and does not include debt to other governments or governmental funds.
     (b) "Portions of purchases" means those portions of a purchase that were made from indebtedness when the total purchase was made from multiple fund sources.
     (3) The exemption under this section is available only when the buyer provides the seller with an exemption certificate in a form and manner prescribed by the department. The seller must retain a copy of the certificate for the seller's files.

NEW SECTION.  Sec. 3   A new section is added to chapter 82.12 RCW to read as follows:
     (1) The provisions of this chapter do not apply with respect to the use of any items used for highway construction, maintenance, or improvement of a facility owned by the state, when the items were purchased with moneys acquired by the state from indebtedness.
     (2) When the item used was acquired by purchase through multiple fund sources, only the amount that was purchased by moneys acquired from indebtedness qualify for the exemption under this section.
     (3) For the purposes of this section, the requirements in section 1 of this act apply.
     (4) For the purposes of this section, the definitions in section 2 of this act apply.

NEW SECTION.  Sec. 4   This act takes effect July 1, 2014."

SSB 6102  - S AMD
     By Senator Ericksen

     On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "a sales and use tax exemption provided to the state on highway-related construction when the funds used were obtained from indebtedness; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; creating a new section; and providing an effective date."

EFFECT:  Strikes the entirety of the underlying substitute bill.
     Exempts purchases for state highway construction, maintenance, or improvement of facilities made with money acquired through indebtedness from the state sales and use tax.
     Identifies this exemption as a tax preference, which is intended to extend the purchasing power of funds for highway construction, maintenance, and improvements when such funds are acquired through indebtedness.
     Provides an effective date of July 1, 2014.

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