H‑1984.2   _____________________________________________

 

SUBSTITUTE HOUSE BILL 1478

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By House Committee on Technology, Telecommunications & Energy (originally sponsored by Representatives Ruderman, Esser, Morris, Pennington, DeBolt, Lambert, Hunt, Jarrett, Lovick, Miloscia, Schual‑Berke, Jackley, Cody, Anderson, Kenney, McIntire, Cooper, McDermott, Dunn, Simpson, Van Luven, Santos, Dunshee, Reardon, Dickerson, Linville, Conway, Veloria, Murray, Edmonds, Edwards and Kagi)

 

READ FIRST TIME 02/27/01. 

_1      AN ACT Relating to tax incentives to encourage telework; adding

_2  new sections to chapter 82.04 RCW; adding a new section to chapter

_3  82.16 RCW; adding new sections to chapter 43.131 RCW; creating a

_4  new section; and providing an effective date.

     

_5  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_6      NEW SECTION.  Sec. 1.  The legislature recognizes that commuting

_7  accounts for more trips and miles traveled than any other single

_8  purpose.  The legislature also recognizes that telework has been

_9  found to reduce commute trips and provide flexibility for work-

10  related travel.  Additionally, telework enables employers to allow

11  employees to work outside of urban areas, which reduces urban

12  commute trips while strengthening rural economies.  The legislature

13  further recognizes that telework is a key component in a

14  comprehensive transportation demand management package.

     

15      NEW SECTION.  Sec. 2.  A new section is added to chapter 82.04

16  RCW to read as follows:

17      (1) A person is allowed a credit against tax due under this

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_1  chapter for telework expenditures, including telework equipment,

_2  installation costs, and telework training.  Total credits claimed by

_3  a person under this section and section 3 of this act may not

_4  exceed twenty thousand dollars for any tax year.  Expenditures made

_5  before the effective date of this act are not eligible for

_6  credit.  If a person has used a credit approved under section 3 of

_7  this act against tax under chapter 82.16 RCW, that same credit

_8  cannot be used against tax under this chapter.

_9      (2) Application for credits under this section must be made

10  before making a telework expenditure.  Applications must be made to

11  the department in a form and manner as required by the

12  department.  The department shall approve or deny applications for

13  credits using the criteria under this subsection.  The department

14  shall keep a running total of all credits approved under this

15  subsection during each calendar year, and shall deny any credit

16  application that would cause the tabulation for any calendar year

17  to exceed three million dollars.  If a credit is disallowed because

18  the tabulation of credits approved under this section would

19  otherwise exceed three million dollars, the disallowed portion

20  shall be carried over to the next fiscal year.  However, the

21  carryover into the next fiscal year is only permitted to the

22  extent that the total for the next fiscal year is not exceeded.  The

23  credit may be used against any tax due under this chapter or

24  chapter 82.16 RCW, and may be carried over until used.  No refunds

25  may be granted for credits under this section.  A person claiming a

26  credit must keep records as necessary for the department to verify

27  eligibility under this section, including records showing that an

28  employee was regularly scheduled for telework at his or her home

29  two or more days per week.

30      (3) The definitions in this subsection apply for the purposes

31  of this section.

32      (a) "Telework" means a work arrangement whereby employees are

33  regularly scheduled two or more days per week to perform the

34  normal duties and responsibilities of their positions at home,

35  through use of computers or telecommunications.  The term includes

36  only work arrangements made by employers for employees and

37  excludes persons who are self-employed.

38      (b) "Telework equipment" means:

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_1      (i) Desktop and laptop computers, computer-related hardware,

_2  facsimile machines, modems, and similar data processing or

_3  telecommunication equipment used only at an employee's home for

_4  telework purposes; and

_5      (ii) Equipment installed at an employer's place of business

_6  that is used exclusively to provide remote data and voice access

_7  to telework employees.

_8      (c) "Telework expenditures" means amounts spent, including

_9  sales or use taxes paid, to purchase telework equipment, for

10  training, or for telework installation costs.  The term includes

11  only expenditures for equipment and services reasonably necessary

12  to facilitate telework.

13      (d) "Telework installation costs" means one-time expenditures

14  for installation of telecommunication access lines or other

15  equipment that provides teleworking capability at an employee's

16  home for the purpose of telework.

     

17      NEW SECTION.  Sec. 3.  A new section is added to chapter 82.16

18  RCW to read as follows:

19      An employer is allowed a credit against tax due under this

20  chapter for telework expenditures, as defined in section 2 of this

21  act.  A credit may be claimed under this section in the same manner

22  as provided for credits under section 2 of this act. Credits under

23  this section are subject to the same conditions and limitations as

24  credits under section 2 of this act.

     

25      NEW SECTION.  Sec. 4.  A new section is added to chapter 82.04

26  RCW to read as follows:

27      A person is eligible for a credit under sections 2 and 3 of

28  this act if the location of the telework is within this state.

     

29      NEW SECTION.  Sec. 5.  A new section is added to chapter 43.131

30  RCW to read as follows:

31      The telework expenditure credit created by this act shall be

32  reviewed under this chapter before October 1, 2005.  The department

33  of revenue shall provide the information necessary for the joint

34  legislative audit and review committee to provide the required

35  review.

 

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_1     

_2      NEW SECTION.  Sec. 6.  A new section is added to chapter 43.131

_3  RCW to read as follows:

_4      The following acts or parts of acts, as now existing or

_5  hereafter amended, are each repealed, effective October 1, 2006:

_6      (1) Section 2 of this act;

_7      (2) Section 3 of this act;

_8      (3) Section 4 of this act.

     

_9      NEW SECTION.  Sec. 7.  If any provision of this act or its

10  application to any person or circumstance is held invalid, the

11  remainder of the act or the application of the provision to other

12  persons or circumstances is not affected.

     

13      NEW SECTION.  Sec. 8.  This act takes effect October 1, 2001.

 

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