AN ACT
Relating to the use of locally imposed real estate excise tax proceeds for
financing capital projects; amending RCW 82.46.010, 82.46.030, and 82.46.035;
and creating a new section.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
82.46.010 and 1990 1st ex.s. c 17 s 36 are each amended to read as follows:
(1) The
legislative authority of any county or city shall identify in the adopted
budget the capital projects funded in whole or in part from the proceeds of the
tax authorized in this section, and shall indicate that such tax is intended to
be in addition to other funds that may be reasonably available for such capital
projects.
(2)
The ((governing body)) legislative authority of any county or any
city may impose an excise tax on each sale of real property in the
unincorporated areas of the county for the county tax and in the corporate
limits of the city for the city tax at a rate not exceeding one-quarter of one
percent of the selling price. The revenues from this tax shall be used by the
respective jurisdictions for local capital improvements, including those listed
in RCW 35.43.040.
After
((July 1, 1990)) April 30, 1992, revenues generated from the tax
imposed under this subsection in counties over five thousand population
and cities over five thousand population that are required or choose to
plan under RCW 36.70A.040 shall be used ((primarily)) solely for
financing capital projects specified in a capital facilities plan element of a
comprehensive plan and housing relocation assistance under RCW 59.18.440 and
59.18.450. However, revenues (a) pledged by such counties and cities to debt
retirement prior to ((July 1, 1990)) April 30, 1992, may continue
to be used for that purpose until ((all outstanding)) the original
debt for which the revenues were pledged is retired, or (b) committed
prior to ((July 1, 1990)) April 30, 1992, by such counties or
cities to a ((capital)) project may continue to be used for that purpose
until the project is completed.
(((2)))
(3) In lieu of imposing the tax authorized in RCW 82.14.030(2), the ((governing
body)) legislative authority of any county or any city may impose an
additional excise tax on each sale of real property in the unincorporated areas
of the county for the county tax and in the corporate limits of the city for
the city tax at a rate not exceeding one-half of one percent of the selling
price.
(((3)))
(4) Taxes imposed under this section shall be collected from persons who
are taxable by the state under chapter 82.45 RCW upon the occurrence of any
taxable event within the unincorporated areas of the county or within the
corporate limits of the city, as the case may be.
(((4)))
(5) Taxes imposed under this section shall comply with all applicable
rules, regulations, laws, and court decisions regarding real estate excise
taxes as imposed by the state under chapter 82.45 RCW.
(((5)))
(6) As used in this section, "city" means any city or town and
"capital project" means those public works projects of a local
government for planning, acquisition, construction, reconstruction, repair,
replacement, rehabilitation, or improvement of streets; roads; highways;
sidewalks; street and road lighting systems; traffic signals; bridges; domestic
water systems; storm and sanitary sewer systems; parks; recreational
facilities; law enforcement facilities; fire protection facilities; trails;
libraries; administrative and/or judicial facilities; river and/or waterway
flood control projects by those jurisdictions that, prior to the effective date
of this act, have expended funds derived from the tax authorized by this
section for such purposes; and, until December 31, 1995, housing projects for
those jurisdictions that, prior to the effective date of this act, have
expended or committed to expend funds derived from the tax authorized by this
section or the tax authorized by RCW 82.46.035 for such purposes.
Sec.
2. RCW
82.46.030 and 1990 1st ex.s. c 17 s 37 are each amended to read as follows:
(1)
The county treasurer shall place one percent of the proceeds of the taxes
imposed under ((RCW 82.46.010)) this chapter in the county
current expense fund to defray costs of collection.
(2)
The remaining proceeds from the county tax under RCW 82.46.010(1) shall be
placed in a county capital improvements fund. The remaining proceeds from city
or town taxes under RCW 82.46.010(1) shall be distributed to the respective
cities and towns monthly and placed by the city treasurer in a municipal
capital improvements fund.
(3)
This section does not limit the existing authority of any city, town, or county
to impose special assessments on property specially benefited thereby in the
manner prescribed by law.
Sec.
3. RCW
82.46.035 and 1990 1st ex.s. c 17 s 38 are each amended to read as follows:
(1) The
legislative authority of any county or city shall identify in the adopted
budget the capital projects funded in whole or in part from the proceeds of the
tax authorized in this section, and shall indicate that such tax is intended to
be in addition to other funds that may be reasonably available for such capital
projects.
(2)
The ((governing body)) legislative authority of any county or any
city that plans under RCW 36.70A.040(1) may impose an additional excise tax on
each sale of real property in the unincorporated areas of the county for the
county tax and in the corporate limits of the city for the city tax at a rate
not exceeding one-quarter of one percent of the selling price. Any county
choosing to plan under RCW 36.70A.040(2) and any city within such a county may
only adopt an ordinance imposing the excise tax authorized by this section if
the ordinance is first authorized by a proposition approved by a majority of
the voters of the taxing district voting on the proposition at a general
election held within the district or at a special election within the taxing
district called by the district for the purpose of submitting such proposition
to the voters.
(((2)))
(3) Revenues generated from the tax imposed under subsection (((1)))
(2) of this section shall be used by such counties and cities solely for
financing capital projects specified in a capital facilities plan element of a
comprehensive plan. However, revenues (a) pledged by such counties and
cities to debt retirement prior to March 1, 1992, may continue to be used for
that purpose until the original debt for which the revenues were pledged is
retired, or (b) committed prior to March 1, 1992, by such counties or cities to
a project may continue to be used for that purpose until the project is
completed.
(((3)))
(4) Revenues generated by the tax imposed by this section shall be
deposited in a separate account.
(((4)))
(5) As used in this section, "city" means any city or town and
"capital project" means those public works projects of a local
government for planning, acquisition, construction, reconstruction, repair,
replacement, rehabilitation, or improvement of streets, roads, highways,
sidewalks, street and road lighting systems, traffic signals, bridges, domestic
water systems, storm and sanitary sewer systems, and planning, construction,
reconstruction, repair, rehabilitation, or improvement of parks.
NEW
SECTION. Sec. 4. All
expenditures of revenues collected under RCW 82.46.010 made prior to the
effective date of this act are deemed to be in compliance with RCW 82.46.010.
