5347-S2 AMH APPE H2956.2

2SSB 5347 - H AMD TO HC COMM AMD (H-2785.1/91)

By Representative Appelwick

On page 9, after line 2, strike section 13 and insert the following:

"NEW SECTION. Sec. 13. A new section is added to chapter 43.70 RCW to read as follows:

The provisions of this chapter may be funded by the following sources: Appropriations from the general fund federal; appropriations from the general fund state; appropriations from the tobacco prevention account established in section 14 of this act; gifts; private or public grants; or other appropriate sources."

"NEW SECTION. Sec. 14. A new section is added to chapter 43.70 RCW to read as follows:

The tobacco prevention account is created in the state treasury. All designated receipts from the taxes imposed by RCW 82.24.020 shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for funding services and programs under sections 1 through 12 of this act."

"Sec. 15. RCW 82.24.020 and 1989 c 271 s 504 are each amended to read as follows:

(1) There is levied and there shall be collected as hereinafter provided, a tax upon the sale, use, consumption, handling, possession or distribution of all cigarettes, in an amount equal to the rate of eleven and one-half mills per cigarette.

(2) ((~~Until July 1, 1995,~~)) An additional tax is imposed upon the sale, use, consumption, handling, possession, or distribution of all cigarettes, in an amount equal to the rate of ((~~one and~~)) one-half mill((s)) per cigarette. All revenues collected during any month from this additional tax shall be deposited in the ((~~drug enforcement and education account under RCW 69.50.520~~)) tobacco prevention account under section 14 of this act by the twenty-fifth day of the following month.

(3) Wholesalers and retailers subject to the payment of this tax may, if they wish, absorb one-half mill per cigarette of the tax and not pass it on to purchasers without being in violation of this section or any other act relating to the sale or taxation of cigarettes.

(4) For purposes of this chapter, "possession" shall mean both (a) physical possession by the purchaser and, (b) when cigarettes are being transported to or held for the purchaser or his designee by a person other than the purchaser, constructive possession by the purchaser or his designee, which constructive possession shall be deemed to occur at the location of the cigarettes being so transported or held."

"Sec. 16. RCW 82.08.0293 and 1988 c 103 s 1 are each amended to read as follows:

(1) (a) The tax levied by RCW 82.08.020 shall not apply to sales of food products for human consumption.

(b) "Food products" include cereals and cereal products other than those expressly excluded under (g) or (i) of this subsection, oleomargarine, meat and meat products including livestock sold for personal consumption, fish and fish products, eggs and egg products, vegetables and vegetable products, fruit and fruit products, spices and salt, sugar and sugar products, coffee and coffee substitutes, tea, cocoa and cocoa products.

(c) "Food products" include milk and milk products((~~, milk shakes, malted milks, and any other similar type beverages which are composed at least in part of milk or a milk product and which require the use of milk or a milk product in their preparation~~)) other than those expressly excluded under (h) of this subsection.

(d) "Food products" include all fruit juices, vegetable juices, and other beverages except milk shakes, malted milks, bottled water, spirituous, malt or vinous liquors or carbonated beverages, whether liquid or frozen.

(e) "Food products" do not include medicines and preparations in liquid, powdered, granular, tablet, capsule, lozenge, and pill form sold as dietary supplements or adjuncts.

(f) "Food products" do not include candy and gum products. "Candy products" include, but are not limited to loose, bulk, and individually packaged confections that are commonly considered candy, including hard candy, caramel, chocolate candy, nuts and fruit coated in natural or artificial sweeteners, caramel‑coated popcorn, licorice, jelly beans, breath mints, and cotton candy. Confections that are primarily sold for cooking purposes shall not be considered candy for the purposes of this section and are not subject to tax. Candy products do not include sweet bakery products, ice cream or other sweet dairy products, jams, jellies, preserves, honey, syrup, frosting, breakfast cereals, granola and other breakfast bars, dried fruit and preparations of fruit in a sugar or similar base, or candy and chocolate primarily intended for the preparation or decorating of baked goods. "Gum products" include all forms of chewing gum, whether sweetened with natural or artificial sweeteners. Gum products shall not include gum or other products alleged by the manufacturer to contain aspirin, laxative, anti‑acidity, or other medicinal properties.

(g) "Food products" do not include fresh or frozen doughnuts, cakes, cupcakes, cookies, and pies, other than those baked in the retail store for sale in that store.

(h) "Food products" do not include ice cream, ice cream bars, ice milk and ice milk products, or other products made from natural or artificial frozen dairy products, milk shakes, malted milk, and similar beverages made from natural or artificial frozen dairy products, frozen yogurt and frozen yogurt products, including beverages made with frozen yogurt, sherbet, popsicles and similar frozen drink bars, frozen fruit juice bars, frozen pudding, frozen gelatin, or any other similar frozen dessert that the general consuming public would consider to be an ice cream or similar product.

(i) "Food products" do not include potato chips, corn chips, tortilla chips, pretzels, puffed cheese, or similar snack products other than crackers and nuts.

(2) The department of revenue, by rule, shall further identify food items, consistent with subsection (1) (b) through (i) of this section, that are not included within the definition of "food products" for purposes of sales tax exemption under this chapter.

(3) The exemption of "food products" provided for in subsection (1) of this section shall not apply: (a) When the food products are ordinarily sold for immediate consumption on or near a location at which parking facilities are provided primarily for the use of patrons in consuming the products purchased at the location, even though such products are sold on a "takeout" or "to go" order and are actually packaged or wrapped and taken from the premises of the retailer, or (b) when the food products are sold for consumption within a place, the entrance to which is subject to an admission charge, except for national and state parks and monuments, or (c) to a food product, when sold by the retail vendor, which by law must be handled on the vendor's premises by a person with a food and beverage service worker's permit under RCW 69.06.010, including but not be limited to sandwiches prepared or chicken cooked on the premises, deli trays, home‑delivered pizzas or meals, and salad bars but excluding:

(i) Raw meat prepared by persons who slaughter animals, including fish and fowl, or dress or wrap slaughtered raw meat such as fish mongers, butchers, or meat wrappers;

(ii) Meat and cheese sliced and/or wrapped, in any quantity determined by the buyer, sold by vendors such as meat markets, delicatessens, and grocery stores;

(iii) Bakeries which only sell baked goods;

(iv) Combination bakery businesses, as prescribed by rule of the department, to the extent that sales of baked goods are separately accounted for and the baked goods claimed for exemption are not sold as part of meals or with beverages in unsealed containers; or

(v) Bulk food products sold from bins or barrels, including but not limited to flour, fruits, vegetables, sugar, salt, ((~~candy, chips,~~)) and cocoa.

((~~(3)~~)) (4) Notwithstanding anything in this section to the contrary, the exemption of "food products" provided in this section shall apply to ((~~food products~~)) all food items which are furnished, prepared, or served as meals:

(a) Under a state administered nutrition program for the aged as provided for in the Older Americans Act (P.L. 95‑478 Title III) and RCW 74.38.040(6); or

(b) Which are provided to senior citizens, disabled persons, or low‑income persons by a not‑for‑profit organization organized under chapter 24.03 or 24.12 RCW.

((~~(4)~~)) (5) Subsection (1) of this section notwithstanding, the retail sale of food products and all other food items excluded from the definition of "food products" under this section is subject to sales tax under RCW 82.08.020 if ((~~the food products are~~)) sold through a vending machine, and in this case the selling price for purposes of RCW 82.08.020 is ((~~fifty‑seven~~)) seventy‑five percent of the gross receipts.

This ((~~subsection~~)) special selling price does not apply to carbonated beverages or to hot prepared food products, ((~~other than food products~~)) which are heated after they have been dispensed from the vending machine.

For tax collected under this subsection, the requirements that the tax be collected from the buyer and that the amount of tax be stated as a separate item are waived."

"Sec. 17. RCW 82.12.0293 and 1988 c 103 s 2 are each amended to read as follows:

(1)(a) The provisions of this chapter shall not apply in respect to the use of food products for human consumption.

(e) "Food products" do not include medicines and preparations in liquid, powdered, granular, tablet, capsule, lozenge, and pill form sold as dietary supplements or adjuncts.

(g) "Food products" do not include fresh or frozen doughnuts, cakes, cupcakes, cookies, and pies, other than those baked in the retail store for sale in that store.

(i) "Food products" do not include potato chips, corn chips, tortilla chips, pretzels, puffed cheese, or similar snack products other than crackers and nuts.

(3) The exemption of "food products" provided for in subsection (1) of this section shall not apply: (a) When the food products are ordinarily sold for immediate consumption on or near a location at which parking facilities are provided primarily for the use of patrons in consuming the products purchased at the location, even though such products are sold on a "takeout" or "to go" order and are actually packaged or wrapped and taken from the premises of the retailer, or (b) when the food products are sold for consumption within a place, the entrance to which is subject to an admission charge, except for national and state parks and monuments, or (c) to a food product, when sold by the retail vendor, which by law must be handled on the vendor's premises by a person with a food and beverage service worker's permit under RCW 69.06.010, including but not be limited to sandwiches prepared or chicken cooked on the premises, deli trays, home-delivered pizzas or meals, and salad bars but excluding:

(i) Raw meat prepared by persons who slaughter animals, including fish and fowl, or dress or wrap slaughtered raw meat such as fish mongers, butchers, or meat wrappers;

(ii) Meat and cheese sliced and/or wrapped, in any quantity determined by the buyer, sold by vendors such as meat markets, delicatessens, and grocery stores;

(iii) Bakeries which only sell baked goods;

(v) Bulk food products sold from bins or barrels, including but not limited to flour, fruits, vegetables, sugar, salt, ((~~candy, chips,~~)) and cocoa.

(a) Under a state administered nutrition program for the aged as provided for in the Older Americans Act (P.L. 95-478 Title III) and RCW 74.38.040(6); or

(b) Which are provided to senior citizens, disabled persons, or low-income persons by a not-for-profit organization organized under chapter 24.03 or 24.12 RCW."

"NEW SECTION. Sec. 18. A new section is added to chapter 82.32 RCW to read as follows:

(1) The intent of this section is to provide a dedicated revenue source. Since it is not practical to determine precisely the revenues derived from the termination of tax exemptions for certain items excluded from the definition of food products under RCW 82.08.0293(1) (f), (g), (h), and (i) and 82.12.0293(1) (f), (g), (h), and (i), a fixed percentage of all sales and use taxes shall be dedicated in lieu thereof.

(2) On or before January 1 of each year, the department of revenue shall provide the legislature with an updated estimate of the percentage of sales and use tax revenues attributable to the termination of tax exemptions for certain items excluded from the definition of food products under RCW 82.08.0293(1) (f), (g), (h), and (i) and 82.12.0293(1) (f), (g), (h), and (i).

(3) Until July 1, 1995, thirty-two hundredths of one percent of all receipts from the taxes imposed in RCW 82.08.020 and 82.12.020 shall be deposited in the drug enforcement and education account under RCW 69.50.520, and sixty-eight hundredths of one percent of all receipts from the taxes imposed in RCW 82.08.020 and 82.12.020 shall be deposited in the common school construction fund. On and after July 1, 1995, one percent of all receipts from the taxes imposed in RCW 82.08.020 and 82.12.020 shall be deposited in the common school construction fund."

"Sec. 19. RCW 69.50.520 and 1989 c 271 s 401 are each amended to read as follows:

The drug enforcement and education account is created in the state treasury. All designated receipts from RCW 66.24.210(4), 66.24.290(3), 69.50.505(f)(2)(i)(C), 82.08.150(5), 82.24.020(2), ((~~82.64.020~~)) section 18 of this act, and section 420, chapter 271, Laws of 1989 shall be deposited into the account. Expenditures from the account may be used only for funding services and programs under this act."

"NEW SECTION. Sec. 20. This act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule or order adopted under those sections, nor as affecting any proceeding instituted under those sections."

Renumber the sections consecutively and correct any internal references accordingly.

2SSB 5347 - H AMD TO HC COMM AMD (H-2785.1/91)

By Representative Appelwick

On page 9, line 23 of the title amendment, before "adding" insert "amending RCW 82.24.020, 82.08.0293, 82.12.0293, and 69.50.520;"

On page 9, beginning on line 24 of the title amendment, strike "adding a new section to chapter 43.70 RCW" and insert "adding new sections to chapter 43.70 RCW; adding a new section to chapter 82.32 RCW; creating a new section"