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SUBSTITUTE SENATE BILL 6018
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AS AMENDED BY THE HOUSE
Passed Legislature - 1994 Regular Session
State of Washington 53rd Legislature 1994
Regular Session
By
Read first time 01/28/94.
Expanding the uses of the excise tax
on the sale of real property.
AN ACT Relating to
clarifying the authorized uses of the excise tax on the sale of real property;
amending RCW 82.46.010; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 82.46.010 and 1992 c
221 s 1 are each amended to read as follows:
(1) The legislative
authority of any county or city shall identify in the adopted budget the
capital projects funded in whole or in part from the proceeds of the tax
authorized in this section, and shall indicate that such tax is intended to be
in addition to other funds that may be reasonably available for such capital
projects.
(2) The legislative
authority of any county or any city may impose an excise tax on each sale of
real property in the unincorporated areas of the county for the county tax and
in the corporate limits of the city for the city tax at a rate not exceeding
one-quarter of one percent of the selling price. The revenues from this tax
shall be used by ((the respective jurisdictions)) any city or county
with a population of five thousand or less and any city or county that does not
plan under RCW 36.70A.040 for any capital purpose identified in a
capital improvements plan and local capital improvements, including those
listed in RCW 35.43.040.
After April 30, 1992,
revenues generated from the tax imposed under this subsection in counties over
five thousand population and cities over five thousand population that are
required or choose to plan under RCW 36.70A.040 shall be used solely for
financing capital projects specified in a capital facilities plan element of a
comprehensive plan and housing relocation assistance under RCW 59.18.440 and
59.18.450. However, revenues (a) pledged by such counties and cities to debt
retirement prior to April 30, 1992, may continue to be used for that purpose
until the original debt for which the revenues were pledged is retired, or (b)
committed prior to April 30, 1992, by such counties or cities to a project may
continue to be used for that purpose until the project is completed.
(3) In lieu of imposing
the tax authorized in RCW 82.14.030(2), the legislative authority of any county
or any city may impose an additional excise tax on each sale of real property
in the unincorporated areas of the county for the county tax and in the
corporate limits of the city for the city tax at a rate not exceeding one-half
of one percent of the selling price.
(4) Taxes imposed under
this section shall be collected from persons who are taxable by the state under
chapter 82.45 RCW upon the occurrence of any taxable event within the
unincorporated areas of the county or within the corporate limits of the city,
as the case may be.
(5) Taxes imposed under
this section shall comply with all applicable rules, regulations, laws, and
court decisions regarding real estate excise taxes as imposed by the state
under chapter 82.45 RCW.
(6) As used in this
section, "city" means any city or town and "capital
project" means those public works projects of a local government for
planning, acquisition, construction, reconstruction, repair, replacement,
rehabilitation, or improvement of streets; roads; highways; sidewalks; street
and road lighting systems; traffic signals; bridges; domestic water systems;
storm and sanitary sewer systems; parks; recreational facilities; law
enforcement facilities; fire protection facilities; trails; libraries;
administrative and/or judicial facilities; river and/or waterway flood control
projects by those jurisdictions that, prior to June 11, 1992, have expended
funds derived from the tax authorized by this section for such purposes; and,
until December 31, 1995, housing projects for those jurisdictions that, prior
to June 11, 1992, have expended or committed to expend funds derived from the
tax authorized by this section or the tax authorized by RCW 82.46.035 for such
purposes.
NEW
SECTION. Sec. 2. The legislature declares
that, in section 13, chapter 49, Laws of 1982 1st ex. sess., effective July 1,
1982, its original intent in limiting the use of the proceeds of the tax
authorized in RCW 82.46.010(2) to "local capital improvements" was to
include in such expenditures the acquisition of real and personal property
associated with such local capital improvements. Any such expenditures made by
cities, towns, and counties on or after July 1, 1982, are hereby declared to be
authorized and valid.
