BILL REQ. #:  S-3391.2 



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SENATE BILL 6088
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State of Washington62nd Legislature2012 Regular Session

By Senators Pridemore, Swecker, Conway, Ranker, Shin, Keiser, Kilmer, Kline, Zarelli, Prentice, Rolfes, Eide, Fraser, Kastama, Hobbs, Kohl-Welles, Tom, Benton, and Frockt

Read first time 01/11/12.   Referred to Committee on Ways & Means.



     AN ACT Relating to strengthening the review of the legislature's goals for tax preferences by requiring that every new tax preference provide an expiration date and statement of legislative intent; adding a new section to chapter 43.135 RCW; adding a new section to chapter 82.02 RCW; adding a new section to chapter 84.09 RCW; adding a new section to chapter 83.100 RCW; adding a new section to chapter 83.110A RCW; creating a new section; and providing an effective date.

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

NEW SECTION.  Sec. 1   The legislature finds that the tax code of Washington state includes tax preferences enacted to achieve a variety of policy goals for the public interest. To measure the effectiveness of a specific tax preference in meeting these goals, the legislature has adopted processes and accountability measures, including such requirements as a tax exemption study in RCW 43.06.400, review by the citizen commission for performance measurement of tax preferences in chapter 43.136 RCW, and taxpayer reporting in chapter 82.32 RCW. In order to make policy choices going forward regarding the best use of limited state resources, the legislature concludes that it is necessary to enact a set expiration date and to articulate the legislative intent for each tax preference.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.135 RCW to read as follows:
     (1) For any bill introduced in either the house of representatives or the senate that adopts a new tax preference or expands or extends an existing tax preference, the bill must include legislative intent provisions, establishing the policy goals and any related metrics that might provide context and/or data for purposes of reviewing the preference under chapter 43.136 RCW.
     (2)(a) Any bill that is enacted without the legislative intent provisions required by subsection (1) of this section does not take effect.
     (b) Prior to the date on which a bill would take effect, but for the failure of such bill to meet the requirements of subsection (1) of this section:
     (i) The joint legislative audit and review committee must provide written notice to the department of revenue of the bill's failure to meet the requirements of subsection (1) of this section; and
     (ii) The department of revenue, after receiving written notice from the joint legislative audit and review committee under this subsection, must provide written notice that such bill did not take effect to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the department.
     (3) For purposes of this section, "tax preference" has the same meaning as in RCW 43.136.021.

NEW SECTION.  Sec. 3   A new section is added to chapter 82.02 RCW to read as follows:
     (1) Any tax preference taking effect on or after July 1, 2012, expires five years after the effective date, unless an earlier expiration date is specified in the enacting legislation.
     (2) Any tax preference taking effect on or after July 1, 2012, must meet all requirements of section 2 of this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 84.09 RCW to read as follows:
     (1) Any tax preference taking effect on or after July 1, 2012, expires five years after the effective date, unless an earlier expiration date is specified in the enacting legislation.
     (2) Any tax preference taking effect on or after July 1, 2012, must meet all requirements of section 2 of this act.

NEW SECTION.  Sec. 5   A new section is added to chapter 83.100 RCW to read as follows:
     (1) Any tax preference taking effect on or after July 1, 2012, expires five years after the effective date, unless an earlier expiration date is specified in the enacting legislation.
     (2) Any tax preference taking effect on or after July 1, 2012, must meet all requirements of section 2 of this act.

NEW SECTION.  Sec. 6   A new section is added to chapter 83.110A RCW to read as follows:
     (1) Any tax preference taking effect on or after July 1, 2012, expires five years after the effective date, unless an earlier expiration date is specified in the enacting legislation.
     (2) Any tax preference taking effect on or after July 1, 2012, must meet all requirements of section 2 of this act.

NEW SECTION.  Sec. 7   This act takes effect July 1, 2012.

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