5887-S3.E AMH COND BLAC 158
E3SSB 5887 - H AMD TO H AMD (5887-S3.E AMH CODY BLAC 155) 982
By Representative Condotta
On page 23, after line 32 of the striking amendment, insert the following:
"Sec. 20. RCW 69.50.530 and 2013 c 3 s 26 (Initiative Measure No. 502) are each amended to read as follows:
(1) ((There shall be)) (a) Except as otherwise
provided in (b) of this subsection, there must be a fund, known as the
dedicated marijuana fund, which ((shall)) consists of all
marijuana excise taxes, license fees, penalties, forfeitures, and all other
moneys, income, or revenue received by the state liquor ((control)) and
cannabis board from marijuana-related activities. The state treasurer ((shall))
must be custodian of the fund.
(b) There must be a fund, known as the dedicated local jurisdiction marijuana fund, which consists of marijuana excise taxes collected under RCW 69.50.535(3). The state treasurer must be custodian of the fund.
(2) All moneys received by the state liquor ((control))
and cannabis board or any employee thereof from marijuana-related
activities ((shall)) must be deposited each day in a depository
approved by the state treasurer and transferred to the state treasurer to be
credited to the dedicated marijuana fund or the dedicated local jurisdiction
marijuana fund.
(3) Disbursements from the dedicated marijuana fund ((shall))
or the dedicated local jurisdiction marijuana fund must be on
authorization of the state liquor ((control)) and cannabis board
or a duly authorized representative thereof.
Sec. 21. RCW 69.50.535 and 2013 c 3 s 27 (Initiative Measure No. 502) are each amended to read as follows:
(1) There is levied and collected a marijuana excise tax equal to twenty-five percent of the selling price on each wholesale sale in this state of marijuana by a licensed marijuana producer to a licensed marijuana processor or another licensed marijuana producer. This tax is the obligation of the licensed marijuana producer.
(2) There is levied and collected a marijuana excise tax equal to twenty-five percent of the selling price on each wholesale sale in this state of useable marijuana or marijuana-infused product by a licensed marijuana processor to a licensed marijuana retailer. This tax is the obligation of the licensed marijuana processor.
(3) There is levied and collected a marijuana excise tax equal to twenty-five percent of the selling price on each retail sale in this state of useable marijuana and marijuana-infused products. This tax is the obligation of the licensed marijuana retailer, is separate and in addition to general state and local sales and use taxes that apply to retail sales of tangible personal property, and is part of the total retail price to which general state and local sales and use taxes apply.
(4) All revenues collected from the marijuana excise
taxes imposed under subsections (1) through (3) of this section ((shall))
must be deposited each day in a depository approved by the state
treasurer and transferred to the state treasurer ((to be credited to the
dedicated marijuana fund)) as follows:
(a) Ninety percent of the revenue collected from the marijuana excise
tax imposed under subsection (1) of this section must be credited to the
dedicated marijuana fund, and ten percent of the revenue collected under
subsection (1) of this section must be credited to the dedicated local
jurisdiction marijuana fund.
(b) All revenue collected from the marijuana excise tax imposed under
subsection (2) of this section must be credited to the dedicated marijuana
fund.
(c) Eighty percent of the revenue collected from the marijuana excise
tax imposed under subsection (3) of this section must be credited to the dedicated
marijuana fund, and twenty percent of the revenue collected under subsection
(3) of this section must be credited to the dedicated local jurisdiction
marijuana fund.
(5) The state liquor ((control)) and cannabis
board ((shall)) must regularly review the tax levels established
under this section and make recommendations to the legislature as appropriate
regarding adjustments that would further the goal of discouraging use while
undercutting illegal market prices.
Sec. 22. RCW 69.50.540 and 2013 c 3 s 28 (Initiative Measure No. 502) are each amended to read as follows:
(1) All marijuana excise taxes collected from sales
of marijuana, useable marijuana, and marijuana-infused products under RCW
69.50.535, and the license fees, penalties, and forfeitures derived under
chapter 3, Laws of 2013 from marijuana producer, marijuana processor, and
marijuana retailer licenses ((shall)) deposited in the dedicated
marijuana fund must every three months be disbursed by the state liquor ((control))
and cannabis board as follows:
(((1))) (a) One hundred twenty-five
thousand dollars to the department of social and health services to design and
administer the Washington state healthy youth survey, analyze the collected
data, and produce reports, in collaboration with the office of the
superintendent of public instruction, department of health, department of
commerce, family policy council, and state liquor ((control)) and
cannabis board. The survey ((shall)) must be conducted at
least every two years and include questions regarding, but not necessarily
limited to, academic achievement, age at time of substance use initiation,
antisocial behavior of friends, attitudes toward antisocial behavior, attitudes
toward substance use, laws and community norms regarding antisocial behavior,
family conflict, family management, parental attitudes toward substance use,
peer rewarding of antisocial behavior, perceived risk of substance use, and
rebelliousness. Funds disbursed under this subsection may be used to expand
administration of the healthy youth survey to student populations attending
institutions of higher education in Washington;
(((2))) (b) Fifty thousand dollars to the
department of social and health services for the purpose of contracting with
the Washington state institute for public policy to conduct the cost-benefit
evaluation and produce the reports described in RCW 69.50.550. This
appropriation ((shall)) ends after production of the final report
required by RCW 69.50.550;
(((3))) (c) Five thousand dollars to the
University of Washington alcohol and drug abuse institute for the creation,
maintenance, and timely updating of web-based public education materials
providing medically and scientifically accurate information about the health
and safety risks posed by marijuana use;
(((4))) (d) An amount not exceeding one
million two hundred fifty thousand dollars to the state liquor ((control))
and cannabis board as is necessary for administration of chapter 3, Laws
of 2013;
(((5))) (e)(i) Of the funds remaining
after the disbursements identified in subsections (((1))) (a)
through (((4))) (d) of this ((section)) subsection:
(((a))) (A) Fifteen percent to the
department of social and health services division of behavioral health and
recovery for implementation and maintenance of programs and practices aimed at
the prevention or reduction of maladaptive substance use, substance-use
disorder, substance abuse or substance dependence, as these terms are defined
in the Diagnostic and Statistical Manual of Mental Disorders, among middle
school and high school age students, whether as an explicit goal of a given
program or practice or as a consistently corresponding effect of its
implementation; PROVIDED, That:
(((i))) (I) Of the funds disbursed under
(((a))) (e)(i)(A) of this subsection, at least eighty-five
percent must be directed to evidence-based and cost-beneficial programs and
practices that produce objectively measurable results; and
(((ii))) (II) Up to fifteen percent of the
funds disbursed under (((a))) (e)(i)(A) of this subsection may be
directed to research-based and emerging best practices or promising practices.
(ii) In deciding which programs and practices to
fund, the secretary of the department of social and health services ((shall))
must consult, at least annually, with the University of Washington's
social development research group and the University of Washington's alcohol
and drug abuse institute;
(((b))) (B) Ten percent to the department
of health for the creation, implementation, operation, and management of a
marijuana education and public health program that contains the following:
(((i))) (I) A marijuana use public health
hotline that provides referrals to substance abuse treatment providers,
utilizes evidence-based or research-based public health approaches to
minimizing the harms associated with marijuana use, and does not solely
advocate an abstinence-only approach;
(((ii))) (II) A grants program for local
health departments or other local community agencies that supports development
and implementation of coordinated intervention strategies for the prevention
and reduction of marijuana use by youth; and
(((iii))) (III) Media-based education
campaigns across television, internet, radio, print, and out-of-home
advertising, separately targeting youth and adults, that provide medically and
scientifically accurate information about the health and safety risks posed by
marijuana use;
(((c))) (C) Six-tenths of one percent to
the University of Washington and four-tenths of one percent to Washington State
University for research on the short and long-term effects of marijuana use, to
include but not be limited to formal and informal methods for estimating and
measuring intoxication and impairment, and for the dissemination of such
research;
(((d))) (D) Fifty percent to the state
basic health plan trust account to be administered by the Washington basic
health plan administrator and used as provided under chapter 70.47 RCW;
(((e))) (E) Five percent to the Washington
state health care authority to be expended exclusively through contracts with
community health centers to provide primary health and dental care services,
migrant health services, and maternity health care services as provided under
RCW 41.05.220;
(((f))) (F) Three-tenths of one percent to
the office of the superintendent of public instruction to fund grants to
building bridges programs under chapter 28A.175 RCW; and
(((g))) (G) The remainder to the general
fund.
(2) All marijuana excise taxes from sales of marijuana,
useable marijuana, and marijuana-infused products that are collected and
deposited under RCW 69.50.535 in the dedicated local jurisdiction marijuana
fund must be disbursed every three months by the state liquor and cannabis
board as follows:
(a) All marijuana excise taxes collected and deposited under RCW
69.50.535(1) in the dedicated local jurisdiction marijuana fund must be
disbursed to the local jurisdiction where the marijuana producer is physically
located. Each local jurisdiction must receive revenue distributions based on
the proportional share of the total revenues in the dedicated local
jurisdiction marijuana fund from the taxes collected under RCW 69.50.535(1)
from producers physically located in each local jurisdiction; and
(b) All marijuana excise taxes collected and deposited under RCW
69.50.535(3) in the dedicated local jurisdiction marijuana fund must be
disbursed to the local jurisdiction where the retail sale originated. Each
local jurisdiction with retail sales must receive revenue distributions based
on its proportional amount of the total revenues from the excise tax imposed
under RCW 69.50.535(3) in the dedicated local jurisdiction marijuana fund from
retail sales in its jurisdiction.
NEW SECTION. Sec. 23. (1) Sections 20 through 22 of this act expire on October 1, 2017, only if:
(a) The report in subsection (2)(a) of this section demonstrates that the liquor and cannabis board has issued three hundred or more licenses to marijuana retailers under chapter 69.50 RCW; and
(b) The report in subsection (2)(b) of this section indicates that the actual revenue collections for the 2015-17 biennium for excise taxes and license fees raised pursuant to RCW 69.50.325 and 69.50.535 were less than one hundred thirty-three million dollars.
(2)(a) The liquor and cannabis board shall report to the office of the code reviser by July 1, 2016 as to whether or not three hundred or more licenses have been issued to marijuana retailers under chapter 69.50 RCW.
(b) The economic and revenue forecasting council shall report to the office of the code reviser by September 15, 2017 as to whether or not the actual revenue collections for the 2015-17 biennium for excise taxes and license fees raised pursuant to RCW 69.50.325 and 69.50.535 were less than one hundred thirty-three million."
Renumber the remaining sections consecutively and correct any internal references accordingly.
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EFFECT: (1)
Creates the Dedicated Local Jurisdiction Marijuana Fund (Local Jurisdiction
Fund). Requires 10 percent of excise taxes collected on sales of marijuana
from a producer to a processor to go to the Local Jurisdiction Fund and the
other 90 percent to go to the Dedicated Marijuana Fund. Requires 20 percent
of excise taxes collected on sales of marijuana from a retailer to a consumer
to go to the Local Jurisdiction Fund and the other 80 percent to go to the
Dedicated Marijuana Fund. (3) Provides that the distributions to local government expire on October 1, 2017 if (a) there are more than 300 marijuana retailer licenses issued by the Liquor Control Board by July 1, 2016 and (b) the actual collections of marijuana excise taxes and licensing fees exceed $133 million for the 2015-17 biennium.
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