6260-S

AN ACT Relating to revising the state ride sharing tax credit; amending RCW 82.04.4453, 82.04.4454, 82.16.048, and 82.16.049; amending 1994 c 270 s 6 (uncodified); adding a new section to chapter 82.04 RCW; and providing an expiration date.

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

Sec. 1. RCW 82.04.4453 and 1994 c 270 s 2 are each amended to read as follows:

(1) ((~~Major~~)) Employers in ((~~the state's eight largest counties affected by the commute trip reduction programs required under RCW 70.94.521 through 70.94.551~~)) this state who are taxable under this chapter and provide financial incentives to their employees for ride sharing, for using public transportation, or for using nonmotorized commuting before June 30, ((~~1996~~)) 2000, shall be allowed a credit for amounts paid to or on behalf of employees for ride sharing in vehicles carrying ((~~four~~)) two or more persons, for using public transportation, or for using nonmotorized commuting, not to exceed sixty dollars per employee per year. The credit shall be equal to the amount paid to or on behalf of each employee multiplied by fifty percent, but may not exceed sixty dollars per employee per year. For ride sharing in vehicles carrying two persons, the credit shall be equal to the amount paid to or on behalf of each employee multiplied by thirty percent, but may not exceed sixty dollars per employee per year. The credit may not exceed the amount of tax that would otherwise be due under this chapter.

(2) Application for tax credit under this chapter may only be made ((~~by major employers as defined by RCW 70.94.524 and~~)) in the form and manner prescribed in rules adopted by the department ((~~and in consultation with the commute trip reduction task force~~)).

(3) The credit shall be taken not more than once quarterly and not less than once annually against taxes due for the same calendar year in which the amounts for which credit is claimed were paid to or on behalf of employees for ride sharing, for using public transportation, or for using nonmotorized commuting and must be claimed by the due date of the last tax return for the calendar year in which the payment is made.

(4) The director shall on the 25th of February, May, August, and November of each year advise the state treasurer of the amount of credit taken during the preceding calendar quarter ending on the last day of December, March, June, and September, respectively.

(5) On the first of April, July, October, and January of each year, the state treasurer based upon information provided by the department shall deposit a sum equal to the dollar amount of the credit provided under subsection (1) of this section from the air pollution control account to the general fund.

(6) The commute trip reduction task force shall determine the effectiveness of this tax credit as part of its ongoing evaluation of the commute trip reduction law and report no later than December 1, ((~~1996~~)) 1999, to the legislative transportation committee.

(7) Any person who knowingly makes a false statement of a material fact in the application for a credit under subsection (1) of this section is guilty of a gross misdemeanor.

(8) A person may not receive credit for amounts paid to or on behalf of the same employee under both this section and RCW 82.16.048.

Sec. 2. RCW 82.04.4454 and 1994 c 270 s 3 are each amended to read as follows:

(1) The department shall keep a running total of all credits granted under ((~~this chapter~~)) RCW 82.04.4453 and 82.16.048 during each calendar year, and shall disallow any credits that would cause the tabulation for any calendar year to exceed two million dollars.

(2) No employer shall be eligible for tax credits under RCW 82.04.4453 and 82.16.048 in excess of two hundred thousand dollars in any calendar year.

(3) No employer shall be eligible for tax credits under RCW 82.04.4453 in excess of the amount of tax that would otherwise be due under this chapter.

(4) No portion of an application for credit disallowed under this section may be carried back or carried forward.

Sec. 3. RCW 82.16.048 and 1994 c 270 s 4 are each amended to read as follows:

(7) Any person who knowingly makes a false statement of a material fact in the application for a credit under subsection (1) of this section is guilty of a gross misdemeanor.

(8) A person may not receive credit for amounts paid to or on behalf of the same employee under both this section and RCW 82.04.4453.

Sec. 4. RCW 82.16.049 and 1994 c 270 s 5 are each amended to read as follows:

(2) No employer shall be eligible for tax credits under RCW 82.04.4453 and 82.16.048 in excess of two hundred thousand dollars in any calendar year.

(3) No employer shall be eligible for tax credits under RCW 82.16.048 in excess of the amount of tax that would otherwise be due under this chapter.

(4) No portion of an application for credit disallowed under this section may be carried back or carried forward.

NEW SECTION. Sec. 5. A new section is added to chapter 82.04 RCW to read as follows:

The definitions set forth in this section apply to RCW 82.04.4453, 82.04.4454, 82.16.048, and 82.16.049 unless the context clearly requires otherwise.

(1) "Public agency" means any county, city, or other local government agency or any state government agency, board, or commission.

(2) "Public transportation" means the same as "public transportation service" as defined in RCW 36.57A.010.

(3) "Nonmotorized commuting" means commuting to and from the workplace by an employee by walking or running or by riding a bicycle or other device not powered by a motor.

(4) "Ride sharing" means the same as "commuter ride sharing" as defined in RCW 46.74.010.

Sec. 6. 1994 c 270 s 6 (uncodified) is amended to read as follows:

This act shall expire December 31, ((~~1996~~)) 2000.

NEW SECTION. Sec. 7. This act expires December 31, 2000.