BILL REQ. #: S-0858.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/28/11. Referred to Committee on Government Operations, Tribal Relations & Elections.
AN ACT Relating to hospital benefit zones that have already formed; and amending RCW 39.100.020, 82.14.465, and 82.14.470.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 39.100.020 and 2007 c 266 s 3 are each amended to read
as follows:
A local government may finance public improvements using hospital
benefit zone financing subject to the following conditions:
(1)(a) The local government adopts an ordinance designating a
benefit zone within its boundaries and specifying the public
improvements proposed to be financed in whole or in part with the use
of hospital benefit zone financing;
(b) A local government may modify the public improvements to be
financed in whole or in part with the use of hospital benefit zone
financing by amending the ordinance adopted under (a) of this
subsection and holding a public hearing consistent with RCW
39.100.030(1)(b); provided that the total cost of the public
improvements is not increased;
(2) The public improvements proposed to be financed in whole or in
part using hospital benefit zone financing are expected both to
encourage private development within the benefit zone and to support
the development of a hospital that has received a certificate of need;
(3) Private development that is anticipated to occur within the
benefit zone, as a result of the public improvements, will be
consistent with the countywide planning policy adopted by the county
under RCW 36.70A.210 and the local government's comprehensive plan and
development regulations adopted under chapter 36.70A RCW;
(4) The governing body of the local government finds that the
public improvements proposed to be financed in whole or in part using
hospital benefit zone financing are reasonably likely to:
(a) Increase private investment within the benefit zone;
(b) Increase employment within the benefit zone; and
(c) Generate, over the period of time that the local sales and use
tax will be imposed under RCW 82.14.465, excess state excise taxes that
are equal to or greater than the state contributions made under this
chapter;
(5) The boundaries of a hospital benefit zone may not overlap any
part of the boundaries of another hospital benefit zone or a revenue
development area defined in chapter 39.102 RCW; and
(6) ((The boundaries of a hospital benefit zone may not change once
the hospital benefit zone is established and approved by the
department.)) With the approval of the department, a local government
may modify the hospital benefit zone boundaries by amending the
ordinance adopted under subsection (1)(a) of this section and holding
a public hearing consistent with RCW 39.100.030(1)(b).
Sec. 2 RCW 82.14.465 and 2009 c 535 s 1109 are each amended to
read as follows:
(1) A city, town, or county that creates a benefit zone and
finances public improvements pursuant to chapter 39.100 RCW may impose
a sales and use tax in accordance with the terms of this chapter and
subject to the criteria set forth in this section. Except as provided
in this section, the tax is in addition to other taxes authorized by
law and shall be collected from those persons who are taxable by the
state under chapters 82.08 and 82.12 RCW upon the occurrence of any
taxable event within the taxing jurisdiction of the city, town, or
county. The rate of tax shall not exceed the rate provided in RCW
82.08.020(1) in the case of a sales tax or a use tax, less the
aggregate rates of any other taxes imposed on the same events that are
credited against the state taxes imposed under chapters 82.08 and 82.12
RCW. The tax rate shall be no higher than what is reasonably necessary
for the local government to receive its entire annual state
contribution in a ten-month period of time.
(2) The tax imposed under subsection (1) of this section shall be
deducted from the amount of tax otherwise required to be collected or
paid over to the department under chapter 82.08 or 82.12 RCW. The
department shall perform the collection of such taxes on behalf of the
city, town, or county at no cost to the city, town, or county.
(3) No tax may be imposed under this section before July 1, 2007.
Before imposing a tax under this section, the city, town, or county
shall first have received tax allocation revenues during the preceding
calendar year. The tax imposed under this section shall expire on the
earlier of the date: (a) The tax allocation revenues are no longer
used for public improvements and public improvement costs; (b) the
bonds issued ((under the authority of chapter 39.100 RCW are retired))
to finance or refinance the improvements are no longer outstanding, if
the bonds are issued; or (c) that is thirty years after the tax is
first imposed.
(4) An ordinance adopted by the legislative authority of a city,
town, or county imposing a tax under this section shall provide that:
(a) The tax shall first be imposed on the first day of a fiscal
year;
(b) The amount of tax received by the local government in any
fiscal year shall not exceed the amount of the state contribution;
(c) The tax shall cease to be distributed for the remainder of any
fiscal year in which either:
(i) The amount of tax distributions totals the amount of the state
contribution;
(ii) The amount of tax distributions totals the ((amount)) sum of
local public sources, dedicated ((in the previous calendar year)) to
finance public improvements authorized under chapter 39.100 RCW,
expended ((in the previous year)) since the zone has been formed for
public improvement costs, or used to pay for other bonds issued to pay
for public improvements; or
(iii) The amount of revenue from taxes imposed under this section
by all cities, towns, and counties totals the annual state credit limit
as provided in RCW 82.32.700(3);
(d) The tax shall be distributed again, should it cease to be
distributed for any of the reasons provided in (c) of this subsection,
at the beginning of the next fiscal year, subject to the restrictions
in this section; and
(e) Any revenue generated by the tax in excess of the amounts
specified in (b) and (c) of this subsection shall belong to the state
of Washington.
(5) If both a county and a city or town impose a tax under this
section, the tax imposed by the city, town, or county shall be credited
as follows:
(a) If the county has created a benefit zone before the city or
town, the tax imposed by the county shall be credited against the tax
imposed by the city or town, the purpose of such credit is to give
priority to the county tax; and
(b) If the city or town has created a benefit zone before the
county, the tax imposed by the city or town shall be credited against
the tax imposed by the county, the purpose of such credit is to give
priority to the city or town tax.
(6) The department shall determine the amount of tax distributions
attributable to each city, town, and county imposing a sales and use
tax under this section and shall advise a city, town, or county when
the tax will cease to be distributed for the remainder of the fiscal
year as provided in subsection (4)(c) of this section. Determinations
by the department of the amount of taxes attributable to a city, town,
or county are final and shall not be used to challenge the validity of
any tax imposed under this section. The department shall remit any tax
revenues in excess of the amounts specified in subsection (4)(b) and
(c) of this section to the state treasurer who shall deposit the moneys
in the general fund.
(7) The definitions in this subsection apply throughout this
section and RCW 82.14.470 unless the context clearly requires
otherwise.
(a) "Base year" means the calendar year immediately following the
creation of a benefit zone.
(b) "Benefit zone" has the same meaning as provided in RCW
39.100.010.
(c) "Excess local excise taxes" has the same meaning as provided in
RCW 39.100.050.
(d) "Excess state excise taxes" means the amount of excise taxes
received by the state during the measurement year from taxable activity
within the benefit zone over and above the amount of excise taxes
received by the state during the base year from taxable activity within
the benefit zone. However, if a local government creates the benefit
zone and reasonably determines that no activity subject to tax under
chapters 82.08 and 82.12 RCW occurred in the twelve months immediately
preceding the creation of the benefit zone within the boundaries of the
area that became the benefit zone, "excess state excise taxes" means
the entire amount of state excise taxes the state receives during a
calendar year period beginning with the calendar year immediately
following the creation of the benefit zone and continuing with each
measurement year thereafter.
(e) "State excise taxes" means revenues derived from state retail
sales and use taxes under chapters 82.08 and 82.12 RCW, less the amount
of tax distributions from all local retail sales and use taxes imposed
on the same taxable events that are credited against the state retail
sales and use taxes under chapters 82.08 and 82.12 RCW except for the
local tax authorized in this section.
(f) "Fiscal year" has the same meaning as provided in RCW
39.100.030.
(g) "Measurement year" means a calendar year, beginning with the
calendar year following the base year and each calendar year
thereafter, that is used annually to measure the amount of excess state
excise taxes and excess local excise taxes.
(h) "State contribution" means the lesser of two million dollars or
an amount equal to excess state excise taxes received by the state
during the preceding calendar year.
(i) "Tax allocation revenues" has the same meaning as provided in
RCW 39.100.010.
(j) "Public improvements" and "public improvement costs" have the
same meanings as provided in RCW 39.100.010.
(k) "Local public sources" includes, but is not limited to, private
monetary contributions, assessments, dedicated local government funds,
((and)) tax allocation revenues, and federal funds. "Local public
sources" does not include local government funds derived from the
state-subsidized portion of any state loan or state grant, any local
tax that is credited against the state sales and use taxes, or any
other state funds. Local public sources may be estimated by the local
government, with notice to the department, and may be applied to the
year or years designated by the local government.
Sec. 3 RCW 82.14.470 and 2007 c 266 s 8 are each amended to read
as follows:
(1)(a)(i) Moneys collected from the taxes imposed under RCW
82.14.465 shall be used only for the following purposes:
(A) Principal and interest payments on bonds issued to finance or
refinance public improvements in a benefit zone under the authority of
RCW 39.100.060;
(B) Principal and interest payments on other bonds issued by the
local government to finance public improvements; or
(C) Payments for public improvement costs.
(ii) Moneys collected and used as provided in (a)(i) of this
subsection must be matched with an amount from local public sources
dedicated ((through December 31st of the previous calendar year)) since
the date the benefit zone was formed to finance public improvements
authorized under chapter 39.100 RCW.
(b) Local public sources are dedicated to finance public
improvements if they: (i) Are actually expended to pay public
improvement costs or debt service on bonds issued for public
improvements; or (ii) are required by law or an agreement to be used
exclusively to pay public improvement costs or debt service on bonds
issued for public improvements.
(c) A city, town, or county is not required to expend taxes imposed
under RCW 82.14.465 in the fiscal year in which the taxes are received.
(2) A local government shall inform the department by the first day
of March of the amount of local public sources ((dedicated in))
allocated to the preceding calendar year to finance public improvements
authorized under chapter 39.100 RCW.
(3) If a local government fails to comply with subsection (2) of
this section, no tax may be imposed under RCW 82.14.465 in the
subsequent fiscal year.
(4) A local government shall provide a report to the department and
the state auditor by March 1st of each year. A local government shall
make a good faith effort to provide information required for the
report.
The report shall contain the following information:
(a) The amount of tax allocation revenues, taxes under RCW
82.14.465, and local public sources received by the local government
during the preceding calendar year, and a summary of how these revenues
were expended; and
(b) The names of any businesses known to the local government that
have located within the benefit zone as a result of the public
improvements undertaken by the local government and financed in whole
or in part with hospital benefit zone financing.
(5) The department shall make a report available to the public and
the legislature by June 1st of each year. The report shall include a
list of public improvements undertaken by local governments and
financed in whole or in part with hospital benefit zone financing, and
it shall also include a summary of the information provided to the
department by local governments under subsection (4) of this section.