CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5845
Chapter 451, Laws of 1997
55th Legislature
1997 Regular Session
BEER TAXES--REDISTRIBUTION OF RECEIPTS
EFFECTIVE DATE: 7/1/97
Passed by the Senate April 15, 1997 YEAS 45 NAYS 2
IRV NEWHOUSE President of the Senate
Passed by the House April 18, 1997 YEAS 82 NAYS 15 |
CERTIFICATE
I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5845 as passed by the Senate and the House of Representatives on the dates hereon set forth. |
CLYDE BALLARD Speaker of the House of Representatives |
MIKE O'CONNELL Secretary
|
Approved May 20, 1997 |
FILED
May 20, 1997 - 4:34 p.m. |
|
|
GARY LOCKE Governor of the State of Washington |
Secretary of State State of Washington |
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SUBSTITUTE SENATE BILL 5845
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Passed Legislature - 1997 Regular Session
State of Washington 55th Legislature 1997 Regular Session
By Senate Committee on Ways & Means (originally sponsored by Senators Swecker, Prentice, Sellar, Hargrove, Benton, Schow, Heavey, Wood, Bauer, Winsley, Wojahn, Haugen, Rasmussen, Jacobsen, McCaslin, Anderson, Newhouse, Johnson, Horn, West, Morton, Hochstatter, Sheldon, Goings, Finkbeiner, Rossi, Hale, Roach and Oke)
Read first time 04/07/97.
AN ACT Relating to offsetting an increase in the beer tax for the health care services account with a corresponding decrease in other beer taxes; amending RCW 66.24.290, 69.50.520, 66.08.180, and 66.08.196; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 66.24.290 and 1995 c 232 s 4 are each amended to read as follows:
(1)
Any brewer or beer wholesaler licensed under this title may sell and deliver
beer to holders of authorized licenses direct, but to no other person, other
than the board; and every such brewer or beer wholesaler shall report all sales
to the board monthly, pursuant to the regulations, and shall pay to the board
as an added tax for the privilege of manufacturing and selling the beer within
the state a tax of ((two)) one dollar((s)) and ((sixty))
thirty cents per barrel of thirty-one gallons on sales to licensees
within the state and on sales to licensees within the state of bottled and
canned beer shall pay a tax computed in gallons at the rate of ((two)) one
dollar((s)) and ((sixty)) thirty cents per barrel of
thirty-one gallons. Any brewer or beer wholesaler whose applicable tax payment
is not postmarked by the twentieth day following the month of sale will be
assessed a penalty at the rate of two percent per month or fraction thereof.
Beer shall be sold by brewers and wholesalers in sealed barrels or packages. The
moneys collected under this subsection shall be distributed as follows: (a)
Three-tenths of a percent shall be distributed to border areas under RCW
66.08.195; and (b) of the remaining moneys: (i) Twenty percent shall be
distributed to counties in the same manner as under RCW 66.08.200; and (ii) eighty
percent shall be distributed to incorporated cities and towns in the same
manner as under RCW 66.08.210.
(2)
((An additional tax is imposed equal to seven percent multiplied by the tax
payable under subsection (1) of this section. All revenues collected during
any month from this additional tax shall be transferred to the state general
fund by the twenty-fifth day of the following month.
(3))) An
additional tax is imposed on all beer subject to tax under subsection (1) of
this section. The additional tax is equal to two dollars per barrel of
thirty-one gallons. All revenues collected during any month from this
additional tax shall be deposited in the violence reduction and drug
enforcement account under RCW 69.50.520 by the twenty-fifth day of the following
month.
(((4)))
(3)(a) An additional tax is imposed on all beer subject to tax under
subsection (1) of this section. The additional tax is equal to ninety-six
cents per barrel of thirty-one gallons through June 30, 1995, two dollars and
thirty-nine cents per barrel of thirty-one gallons for the period July 1, 1995,
through June 30, 1997, and four dollars and seventy-eight cents per barrel of
thirty-one gallons thereafter.
(b) The additional tax imposed under this subsection does not apply to the sale of the first sixty thousand barrels of beer each year by breweries that are entitled to a reduced rate of tax under 26 U.S.C. Sec. 5051, as existing on July 1, 1993, or such subsequent date as may be provided by the board by rule consistent with the purposes of this exemption.
(c)
All revenues collected from the additional tax imposed under this subsection (((4)))
(3) shall be deposited in the health services account under RCW
43.72.900.
(((5)))
(4) An additional tax is imposed on all beer that is subject to tax under
subsection (1) of this section that is in the first sixty thousand barrels of
beer by breweries that are entitled to a reduced rate of tax under 26 U.S.C.
Sec. 5051, as existing on July 1, 1993, or such subsequent date as may be
provided by the board by rule consistent with the purposes of the exemption
under subsection (3)(b) of this section. The additional tax is equal to one
dollar and forty-eight and two-tenths cents per barrel of thirty-one gallons.
By the twenty-fifth day of the following month, three percent of the revenues
collected from this additional tax shall be distributed to border areas under
RCW 66.08.195 and the remaining moneys shall be transferred to the state general
fund.
(5) The tax imposed under this section shall not apply to "strong beer" as defined in this title.
Sec. 2. RCW 69.50.520 and 1995 2nd sp.s. c 18 s 919 are each amended to read as follows:
The
violence reduction and drug enforcement account is created in the state
treasury. All designated receipts from RCW 9.41.110(((7))) (8),
66.24.210(4), 66.24.290(((3))) (2), 69.50.505(h)(1),
82.08.150(5), 82.24.020(2), 82.64.020, 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 chapter 271, Laws of 1989 and
chapter 7, Laws of 1994 sp. sess., including state incarceration costs. After July
1, 1997, at least seven and one-half percent of expenditures from the account
shall be used for providing grants to community networks under chapter 70.190
RCW by the family policy council.
Sec. 3. RCW 66.08.180 and 1995 c 398 s 16 are each amended to read as follows:
Except as provided in RCW 66.24.290(1), moneys in the liquor revolving fund shall be distributed by the board at least once every three months in accordance with RCW 66.08.190, 66.08.200 and 66.08.210: PROVIDED, That the board shall reserve from distribution such amount not exceeding five hundred thousand dollars as may be necessary for the proper administration of this title.
(1) All license fees, penalties and forfeitures derived under this act from class H licenses or class H licensees shall every three months be disbursed by the board as follows:
(a) Three hundred thousand dollars per biennium, to the University of Washington for the forensic investigations council to conduct the state toxicological laboratory pursuant to RCW 68.50.107; and
(b) Of the remaining funds:
(i) 6.06 percent to the University of Washington and 4.04 percent to Washington State University for alcoholism and drug abuse research and for the dissemination of such research; and
(ii) 89.9 percent to the general fund to be used by the department of social and health services solely to carry out the purposes of RCW 70.96A.050;
(2) The first fifty-five dollars per license fee provided in RCW 66.24.320 and 66.24.330 up to a maximum of one hundred fifty thousand dollars annually shall be disbursed every three months by the board to the general fund to be used for juvenile alcohol and drug prevention programs for kindergarten through third grade to be administered by the superintendent of public instruction;
(3) Twenty percent of the remaining total amount derived from license fees pursuant to RCW 66.24.320, 66.24.330, 66.24.340, 66.24.350, 66.24.360, and 66.24.370, shall be transferred to the general fund to be used by the department of social and health services solely to carry out the purposes of RCW 70.96A.050; and
(4) One-fourth cent per liter of the tax imposed by RCW 66.24.210 shall every three months be disbursed by the board to Washington State University solely for wine and wine grape research, extension programs related to wine and wine grape research, and resident instruction in both wine grape production and the processing aspects of the wine industry in accordance with RCW 28B.30.068. The director of financial management shall prescribe suitable accounting procedures to ensure that the funds transferred to the general fund to be used by the department of social and health services and appropriated are separately accounted for.
Sec. 4. RCW 66.08.196 and 1995 c 159 s 3 are each amended to read as follows:
Distribution of funds to border areas under RCW 66.08.190 and 66.24.290 (1)(a) and (4) shall be as follows:
(1) Sixty-five percent of the funds shall be distributed to border areas ratably based on border area traffic totals;
(2) Twenty-five percent of the funds shall be distributed to border areas ratably based on border-related crime statistics; and
(3) Ten percent of the funds shall be distributed to border areas ratably based upon border area per capita law enforcement spending.
Distributions to an unincorporated area that is a point of land surrounded on three sides by saltwater and adjacent to the Canadian border shall be made to the county in which such an area is located and may only be spent on services provided to that area.
NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997.
Passed the Senate April 15, 1997.
Passed the House April 18, 1997.
Approved by the Governor May 20, 1997.
Filed in Office of Secretary of State May 20, 1997.