|State of Washington||60th Legislature||2008 Regular Session|
READ FIRST TIME 03/05/07.
AN ACT Relating to the local sales and use tax that is credited against the state sales and use tax for cities to offset municipal service costs to newly annexed areas; and amending RCW 82.14.415.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 82.14.415 and 2006 c 361 s 1 are each amended to read
(1) The legislative authority of any city ((
with a population less
than four hundred thousand and which)) that is located in a county with
a population greater than six hundred thousand that annexes an area
consistent with its comprehensive plan required by chapter 36.70A
RCW(( ,)) may impose a sales and use tax in accordance with the terms of
this chapter. 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 city. The tax may only be imposed by a city if:
(a) The city has commenced annexation of an area under chapter 35.13 or 35A.14 RCW having a population of at least ten thousand people prior to January 1, 2010; and
(b) The city legislative authority determines by resolution or ordinance that the projected cost to provide municipal services to the annexation area exceeds the projected general revenue that the city would otherwise receive from the annexation area on an annual basis.
(2) The tax authorized under this section is a credit against the state tax under chapter 82.08 or 82.12 RCW. The department of revenue shall perform the collection of such taxes on behalf of the city at no cost to the city ((
and shall remit)). The tax shall be remitted to the
city as provided in RCW 82.14.060 except twenty percent of the tax
levied under subsection (3)(b) of this section shall be distributed to
a city with a population greater than thirty thousand that is adjacent
to the annexation area of the city imposing the tax. For the purposes
of this subsection, "population" means the last population estimate by
the office of financial management prior to July 1st of the year the
tax is first imposed by the city. The city receiving the tax under
subsection (3)(b) of this section shall receive the tax only if the
city reaches an agreement on the annexation area with a city with a
population greater than thirty thousand that is adjacent to the
annexation area of the city imposing the tax.
(3)(a) Except as provided in (b) of this subsection, the maximum rate of tax any city may impose under this section shall be ((
percent for the total number of annexed areas the city may annex. The
rate of the tax imposed under this section is)):
(i) 0.1 percent for each annexed area population that is greater than ten thousand and less than twenty thousand((
. The rate of the tax
imposed under this section shall be)); and
(ii) 0.2 percent for an annexed area ((
which the)) population that
is greater than twenty thousand.
(b) The maximum rate of tax imposed under this section shall be 0.035 percent for each annexed area in which the population is greater than ten thousand and the area is annexed by a city with a population greater than four hundred thousand.
(4)(a) The maximum cumulative rate of tax a city may impose under subsection (3)(a) of this section is 0.2 percent for the total number of annexed areas the city may annex.
(b) The maximum cumulative rate of tax a city may impose under subsection (3)(b) of this section is 0.035 percent for the total number of annexed areas the city may annex.
(5) The tax imposed by this section shall only be imposed at the beginning of a fiscal year and shall continue for no more than ten years from the date the tax is first imposed. Tax rate increases due to additional annexed areas shall be effective on July 1st of the fiscal year following the fiscal year in which the annexation occurred, provided that notice is given to the department as set forth in subsection ((
(8))) (9) of this section.
(5))) (6) All revenue collected under this section shall be used
solely to provide, maintain, and operate municipal services for the
annexation area. This subsection (6) does not apply to a city that
receives a twenty percent distribution under subsection (2) of this
(6))) (7) The revenues from the tax authorized in this section
may not exceed that which the city deems necessary to generate revenue
equal to the difference between the city's cost to provide, maintain,
and operate municipal services for the annexation area and the general
revenues that the cities would otherwise expect to receive from the
annexation during a year. If the revenues from the tax authorized in
this section and the revenues from the annexation area exceed the costs
to the city to provide, maintain, and operate municipal services for
the annexation area during a given year, the city shall notify the
department and the tax distributions authorized in this section shall
be suspended for the remainder of the year.
(7))) (8) No tax may be imposed under this section before July 1,
2007. Before imposing a tax under this section, the legislative
authority of a city shall adopt an ordinance that includes the
(a) The rate of tax under this section that shall be imposed within the city; and
(b) The threshold amount for the first fiscal year following the annexation and passage of the ordinance.
(8))) (9) The tax shall cease to be distributed to the city for
the remainder of the fiscal year once the threshold amount has been
reached. No later than March 1st of each year, the city shall provide
the department with a new threshold amount for the next fiscal year,
and notice of any applicable tax rate changes. Distributions of tax
under this section shall begin again on July 1st of the next fiscal
year and continue until the new threshold amount has been reached or
June 30th, whichever is sooner. Any revenue generated by the tax in
excess of the threshold amount shall belong to the state of Washington.
Any amount resulting from the threshold amount less the total fiscal
year distributions, as of June 30th, shall not be carried forward to
the next fiscal year.
(9))) (10) The tax shall cease to be distributed to a city
imposing the tax under subsection (3)(b) of this section and any city
receiving a twenty percent distribution under subsection (2) of this
section, for the remainder of the fiscal year, if the total
distributions to the city imposing the tax and any city receiving a
twenty percent distribution exceed three million dollars for the fiscal
(11) The following definitions apply throughout this section unless the context clearly requires otherwise:
(a) "Annexation area" means an area that has been annexed to a city under chapter 35.13 or 35A.14 RCW. "Annexation area" includes all territory described in the city resolution.
(b) "Department" means the department of revenue.
(c) "Municipal services" means those services customarily provided to the public by city government.
(d) "Fiscal year" means the year beginning July 1st and ending the following June 30th.
(e) "Threshold amount" means the maximum amount of tax distributions as determined by the city in accordance with subsection ((
(6))) (7) of this section that the department shall distribute to the
city generated from the tax imposed under this section in a fiscal