Passed by the Senate April 21, 2011 YEAS 31   BRAD OWEN ________________________________________ President of the Senate Passed by the House April 12, 2011 YEAS 56   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5044 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved May 12, 2011, 2:17 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 13, 2011 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/12/11. Referred to Committee on Ways & Means.
AN ACT Relating to the tax preference review process; and amending RCW 43.136.011, 43.136.045 and 43.136.055.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.136.011 and 2006 c 197 s 1 are each amended to read
as follows:
The legislature recognizes that tax preferences are enacted to meet
objectives which are determined to be in the public interest. However,
some tax preferences may not be efficient or equitable tools for the
achievement of current public policy objectives. Given the changing
nature of the economy and tax structures of other states, the
legislature finds that periodic performance audits of tax preferences
are needed to determine if their continued existence will serve the
public interest. The legislature further finds that tax preferences
that are enacted for economic development purposes must demonstrate
growth in full-time family wage jobs with health and retirement
benefits. Given that an opportunity cost exists with each economic
choice, it is the intent of the legislature that the overall impact of
economic development-focused tax preferences benefit the state's
economy.
Sec. 2 RCW 43.136.045 and 2006 c 197 s 4 are each amended to read
as follows:
(1) The citizen commission for performance measurement of tax
preferences ((shall)) must develop a schedule to accomplish an orderly
review of tax preferences at least once every ten years. ((The
commission shall schedule tax preferences for review in)) In
determining the schedule, the commission must consider the order the
tax preferences were enacted into law, ((except that)) in addition to
other factors including but not limited to grouping preferences for
review by type of industry, economic sector, or policy area. The
commission may elect to include, anywhere in the schedule, a tax
preference that has a statutory expiration date. The commission
((shall)) must omit from the schedule tax preferences that are required
by constitutional law, sales and use tax exemptions for machinery and
equipment for manufacturing, research and development, or testing, the
small business credit for the business and occupation tax, sales and
use tax exemptions for food and prescription drugs, property tax relief
for retired persons, and property tax valuations based on current use,
and may omit any tax preference that the commission determines is a
critical part of the structure of the tax system. As an alternative to
the process under RCW 43.136.055, the commission may recommend to the
joint legislative audit and review committee an expedited review
process for any tax preference ((that has an estimated biennial fiscal
impact of ten million dollars or less)).
(2) The commission ((shall)) must revise the schedule as needed
each year, taking into account newly enacted or terminated tax
preferences. The commission ((shall)) must deliver the schedule to the
joint legislative audit and review committee by September 1st of each
year.
(3) The commission ((shall)) must provide a process for effective
citizen input during its deliberations.
Sec. 3 RCW 43.136.055 and 2006 c 197 s 5 are each amended to read
as follows:
(1) The joint legislative audit and review committee ((shall)) must
review tax preferences according to the schedule developed under RCW
43.136.045. The committee ((shall)) must consider, but not be limited
to, the following factors in the review as relevant to each particular
tax preference:
(a) The classes of individuals, types of organizations, or types of
industries whose state tax liabilities are directly affected by the tax
preference;
(b) Public policy objectives that might provide a justification for
the tax preference, including but not limited to the legislative
history, any legislative intent, or the extent to which the tax
preference encourages business growth or relocation into this state,
promotes growth or retention of high wage jobs, or helps stabilize
communities;
(c) Evidence that the existence of the tax preference has
contributed to the achievement of any of the public policy objectives;
(d) The extent to which continuation of the tax preference might
contribute to any of the public policy objectives;
(e) The extent to which the tax preference may provide unintended
benefits to an individual, organization, or industry other than those
the legislature intended;
(f) The extent to which terminating the tax preference may have
negative effects on the category of taxpayers that currently benefit
from the tax preference, and the extent to which resulting higher taxes
may have negative effects on employment and the economy;
(g) The feasibility of modifying the tax preference to provide for
adjustment or recapture of the tax benefits of the tax preference if
the objectives are not fulfilled;
(h) Fiscal impacts of the tax preference, including past impacts
and expected future impacts if it is continued. For the purposes of
this subsection, "fiscal impact" includes an analysis of the general
effects of the tax preference on the overall state economy, including,
but not limited to, the effects of the tax preference on the
consumption and expenditures of persons and businesses within the
state;
(i) The extent to which termination of the tax preference would
affect the distribution of liability for payment of state taxes;
(j) The economic impact of the tax preference compared to the
economic impact of government activities funded by the tax for which
the tax preference is taken at the same level of expenditure as the tax
preference. For purposes of this subsection the economic impact shall
be determined using the Washington input-output model as published by
the office of financial management;
(k) Consideration of similar tax preferences adopted in other
states, and potential public policy benefits that might be gained by
incorporating corresponding provisions in Washington.
(2) For each tax preference, the committee ((shall)) must provide
a recommendation as to whether the tax preference should be continued
without modification, modified, scheduled for sunset review at a future
date, or terminated immediately. The committee may recommend
accountability standards for the future review of a tax preference.