State of Washington | 60th Legislature | 2008 Regular Session |
Read first time 01/21/08. Referred to Committee on Ways & Means.
AN ACT Relating to improving the administration of department of revenue tax programs by correcting and clarifying statutes; eliminating, repealing, and decodifying obsolete or otherwise unnecessary statutes and statutory language; amending RCW 82.14.030, 82.14.045, 82.14.048, 82.14.360, 82.19.010, 82.24.020, 82.24.026, 82.24.027, 82.24.028, 82.29A.080, 84.09.030, and 84.48.080; creating new sections; decodifying RCW 82.29A.900 and 82.29A.910; and repealing RCW 82.29A.150.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 101 RCW 82.14.030 and 1989 c 384 s 6 are each amended to
read as follows:
(1) The governing body of any county or city, while not required by
legislative mandate to do so, may, by resolution or ordinance for the
purposes authorized by this chapter, ((fix and)) impose a sales and use
tax in accordance with the terms of this chapter. Such tax shall be
collected from those persons who are taxable by the state ((pursuant
to)) under chapters 82.08 and 82.12 RCW, upon the occurrence of any
taxable event within the county or city as the case may be((:
PROVIDED, That)). Except as provided in RCW 82.14.230, this sales and
use tax shall not apply to natural or manufactured gas. The rate of
such tax imposed by a county shall be five-tenths of one percent of the
selling price (in the case of a sales tax) or value of the article used
(in the case of a use tax). The rate of such tax imposed by a city
shall not exceed five-tenths of one percent of the selling price (in
the case of a sales tax) or value of the article used (in the case of
a use tax)((: PROVIDED, HOWEVER, That)). However, in the event a
county ((shall)) imposes a sales and use tax under this subsection, the
rate of such tax imposed under this subsection by any city therein
shall not exceed four hundred and twenty-five one-thousandths of one
percent.
(2) ((Subject to the enactment into law of the 1982 amendment to
RCW 82.02.020 by section 5, chapter 49, Laws of 1982 1st ex. sess.,))
In addition to the tax authorized in subsection (1) of this section,
the governing body of any county or city may by resolution or ordinance
impose an additional sales and use tax in accordance with the terms of
this chapter. Such additional tax shall be collected upon the same
taxable events upon which the tax imposed under subsection (1) of this
section is ((levied)) imposed. The rate of such additional tax imposed
by a county shall be up to five-tenths of one percent of the selling
price (in the case of a sales tax) or value of the article used (in the
case of a use tax). The rate of such additional tax imposed by a city
shall be up to five-tenths of one percent of the selling price (in the
case of a sales tax) or value of the article used (in the case of a use
tax)((: PROVIDED HOWEVER, That)). However, in the event a county
((shall)) imposes a sales and use tax under the authority of this
subsection at a rate equal to or greater than the rate imposed under
the authority of this subsection by a city within the county, the
county shall receive fifteen percent of the city tax((: PROVIDED
FURTHER, That)). In the event that the county ((shall)) imposes a
sales and use tax under the authority of this subsection at a rate
which is less than the rate imposed under this subsection by a city
within the county, the county shall receive that amount of revenues
from the city tax equal to fifteen percent of the rate of tax imposed
by the county under the authority of this subsection. The authority to
impose a tax under this subsection is intended in part to compensate
local government for any losses from the phase-out of the property tax
on business inventories.
Sec. 102 RCW 82.14.045 and 2001 c 89 s 3 are each amended to read
as follows:
(1) The legislative body of any city pursuant to RCW 35.92.060, of
any county which has created an unincorporated transportation benefit
area pursuant to RCW 36.57.100 and 36.57.110, of any public
transportation benefit area pursuant to RCW 36.57A.080 and 36.57A.090,
of any county transportation authority established pursuant to chapter
36.57 RCW, and of any metropolitan municipal corporation within a
county with a population of one million or more pursuant to chapter
35.58 RCW, may, by resolution or ordinance for the sole purpose of
providing funds for the operation, maintenance, or capital needs of
public transportation systems or public transportation limited to
persons with special needs under RCW 36.57.130 and 36.57A.180, and in
lieu of the excise taxes authorized by RCW 35.95.040, submit an
authorizing proposition to the voters or include such authorization in
a proposition to perform the function of public transportation or
public transportation limited to persons with special needs under RCW
36.57.130 and 36.57A.180, and if approved by a majority of persons
voting thereon, ((fix and)) impose a sales and use tax in accordance
with the terms of this chapter((: PROVIDED, That no such legislative
body shall impose such a sales and use tax without submitting such an
authorizing proposition to the voters and obtaining the approval of a
majority of persons voting thereon: PROVIDED FURTHER, That)). Where
((such a)) an authorizing proposition is submitted by a county on
behalf of an unincorporated transportation benefit area, it shall be
voted upon by the voters residing within the boundaries of such
unincorporated transportation benefit area and, if approved, the sales
and use tax shall be imposed only within such area. Notwithstanding
any provisions of this section to the contrary, any county in which a
county public transportation plan has been adopted pursuant to RCW
36.57.070 and the voters of such county have authorized the imposition
of a sales and use tax pursuant to the provisions of section 10,
chapter 167, Laws of 1974 ex. sess., prior to July 1, 1975, shall be
authorized to fix and impose a sales and use tax as provided in this
section at not to exceed the rate so authorized without additional
approval of the voters of such county as otherwise required by this
section.
The tax authorized ((pursuant to)) by this section shall be in
addition to the tax authorized by RCW 82.14.030 and shall be collected
from those persons who are taxable by the state ((pursuant to)) under
chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event
within such city, public transportation benefit area, county, or
metropolitan municipal corporation as the case may be. The rate of
such tax shall be one-tenth, two-tenths, three-tenths, four-tenths,
five-tenths, six-tenths, seven-tenths, eight-tenths, or nine-tenths of
one percent of the selling price (in the case of a sales tax) or value
of the article used (in the case of a use tax). The rate of such tax
shall not exceed the rate authorized by the voters unless such increase
shall be similarly approved.
(2)(a) In the event a metropolitan municipal corporation ((shall))
imposes a sales and use tax pursuant to this chapter no city, county
which has created an unincorporated transportation benefit area, public
transportation benefit area authority, or county transportation
authority wholly within such metropolitan municipal corporation shall
be empowered to ((levy)) impose and/or collect taxes ((pursuant to))
under RCW ((35.58.273,)) 35.95.040((, and/or 82.14.045)) or this
section, but nothing herein shall prevent such city or county from
imposing sales and use taxes pursuant to any other authorization.
(b) In the event a county transportation authority ((shall))
imposes a sales and use tax ((pursuant to)) under this section, no
city, county which has created an unincorporated transportation benefit
area, public transportation benefit area, or metropolitan municipal
corporation, located within the territory of the authority, shall be
empowered to ((levy)) impose or collect taxes ((pursuant to)) under RCW
((35.58.273,)) 35.95.040((,)) or ((82.14.045)) this section.
(c) In the event a public transportation benefit area ((shall))
imposes a sales and use tax ((pursuant to)) under this section, no
city, county which has created an unincorporated transportation benefit
area, or metropolitan municipal corporation, located wholly or partly
within the territory of the public transportation benefit area, shall
be empowered to ((levy)) impose or collect taxes ((pursuant to)) under
RCW ((35.58.273,)) 35.95.040((,)) or ((82.14.045)) this section.
(((3) Any local sales and use tax revenue collected pursuant to
this section by any city or by any county for transportation purposes
pursuant to RCW 36.57.100 and 36.57.110 shall not be counted as locally
generated tax revenues for the purposes of apportionment and
distribution, in the manner prescribed by chapter 82.44 RCW, of the
proceeds of the motor vehicle excise tax authorized pursuant to RCW
35.58.273, except that the local sales and use tax revenue collected
under this section by a city with a population greater than sixty
thousand that as of January 1, 1998, owns and operates a municipal
public transportation system shall be counted as locally generated tax
revenues for the purposes of apportionment and distribution, in the
manner prescribed by chapter 82.44 RCW, of the proceeds of the motor
vehicle excise tax authorized under RCW 35.58.273 as follows:))
(a) For fiscal year 2000, revenues collected under this section
shall be counted as locally generated tax revenues for up to 25 percent
of the tax collected under RCW 35.58.273;
(b) For fiscal year 2001, revenues collected under this section
shall be counted as locally generated tax revenues for up to 50 percent
of the tax collected under RCW 35.58.273;
(c) For fiscal year 2002, revenues collected under this section
shall be counted as locally generated tax revenues for up to 75 percent
of the tax collected under RCW 35.58.273; and
(d) For fiscal year 2003 and thereafter, revenues collected under
this section shall be counted as locally generated tax revenues for up
to 100 percent of the tax collected under RCW 35.58.273.
Sec. 103 RCW 82.14.048 and 1999 c 165 s 12 are each amended to
read as follows:
(1) The governing board of a public facilities district under
chapter 36.100 or 35.57 RCW may submit an authorizing proposition to
the voters of the district, and if the proposition is approved by a
majority of persons voting, ((fix and)) impose a sales and use tax in
accordance with the terms of this chapter.
(2) The tax authorized in this section shall be in addition to any
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 public facilities
district. The rate of tax shall not exceed two-tenths of one percent
of the selling price in the case of a sales tax, or value of the
article used, in the case of a use tax.
(3) Moneys received from any tax imposed under the authority of
this section shall be used for the purpose of providing funds for the
costs associated with the financing, design, acquisition, construction,
equipping, operating, maintaining, remodeling, repairing, and
reequipping of its public facilities.
((No tax may be collected under this section by a public facilities
district under chapter 35.57 RCW before August 1, 2000, and no tax in
excess of one-tenth of one percent may be collected under this section
by a public facilities district under chapter 36.100 RCW before August
1, 2000.))
Sec. 104 RCW 82.14.360 and 2000 c 103 s 10 are each amended to
read as follows:
(1) The legislative authority of a county with a population of one
million or more may impose a special stadium sales and use tax upon the
retail sale or use within the county by restaurants, taverns, and bars
of food and beverages that are taxable by the state under chapters
82.08 and 82.12 RCW. The rate of the tax shall not exceed five-tenths
of one percent of the selling price in the case of a sales tax, or
value of the article used in the case of a use tax. The tax
((imposed)) authorized under this subsection is in addition to any
other taxes authorized by law and shall not be credited against any
other tax imposed upon the same taxable event. As used in this
section, "restaurant" does not include grocery stores, mini-markets, or
convenience stores.
(2) The legislative authority of a county with a population of one
million or more may impose a special stadium sales and use tax upon
retail car rentals within the county that are taxable by the state
under chapters 82.08 and 82.12 RCW. The rate of the tax shall not
exceed two percent of the selling price in the case of a sales tax, or
rental value of the vehicle in the case of a use tax. The tax imposed
under this subsection is in addition to any other taxes authorized by
law and shall not be credited against any other tax imposed upon the
same taxable event.
(3) The revenue from the taxes imposed under the authority of this
section shall be used for the purpose of principal and interest
payments on bonds, issued by the county, to acquire, construct, own,
remodel, maintain, equip, reequip, repair, and operate a baseball
stadium. Revenues from the taxes authorized in this section may be
used for design and other preconstruction costs of the baseball stadium
until bonds are issued for the baseball stadium. The county shall
issue bonds, in an amount determined to be necessary by the public
facilities district, for the district to acquire, construct, own, and
equip the baseball stadium. The county shall have no obligation to
issue bonds in an amount greater than that which would be supported by
the tax revenues under this section, RCW 82.14.0485, and 36.38.010(4)
(a) and (b). If the revenue from the taxes imposed under the authority
of this section exceeds the amount needed for such principal and
interest payments in any year, the excess shall be used solely:
(a) For early retirement of the bonds issued for the baseball
stadium; and
(b) If the revenue from the taxes imposed under this section
exceeds the amount needed for the purposes in (a) of this subsection in
any year, the excess shall be placed in a contingency fund which may
only be used to pay unanticipated capital costs on the baseball
stadium, excluding any cost overruns on initial construction.
(4) ((The taxes authorized under this section shall not be
collected after June 30, 1997, unless the county executive has
certified to the department of revenue that a professional major league
baseball team has made a binding and legally enforceable contractual
commitment to:)) The proceeds of any bonds issued for the baseball stadium
shall be provided to the district.
(a) Play at least ninety percent of its home games in the stadium
for a period of time not shorter than the term of the bonds issued to
finance the initial construction of the stadium;
(b) Contribute forty-five million dollars toward the reasonably
necessary preconstruction costs including, but not limited to
architectural, engineering, environmental, and legal services, and the
cost of construction of the stadium, or to any associated public
purpose separate from bond-financed property, including without
limitation land acquisition, parking facilities, equipment,
infrastructure, or other similar costs associated with the project,
which contribution shall be made during a term not to exceed the term
of the bonds issued to finance the initial construction of the stadium.
If all or part of the contribution is made after the date of issuance
of the bonds, the team shall contribute an additional amount equal to
the accruing interest on the deferred portion of the contribution,
calculated at the interest rate on the bonds maturing in the year in
which the deferred contribution is made. No part of the contribution
may be made without the consent of the county until a public facilities
district is created under chapter 36.100 RCW to acquire, construct,
own, remodel, maintain, equip, reequip, repair, and operate a baseball
stadium. To the extent possible, contributions shall be structured in
a manner that would allow for the issuance of bonds to construct the
stadium that are exempt from federal income taxes; and
(c) Share a portion of the profits generated by the baseball team
from the operation of the professional franchise for a period of time
equal to the term of the bonds issued to finance the initial
construction of the stadium, after offsetting any losses incurred by
the baseball team after the effective date of chapter 14, Laws of 1995
1st sp. sess. Such profits and the portion to be shared shall be
defined by agreement between the public facilities district and the
baseball team. The shared profits shall be used to retire the bonds
issued to finance the initial construction of the stadium. If the
bonds are retired before the expiration of their term, the shared
profits shall be paid to the public facilities district.
(5) No tax may be collected under this section before January 1,
1996. Before collecting the taxes under this section or issuing bonds
for a baseball stadium, the county shall create a public facilities
district under chapter 36.100 RCW to acquire, construct, own, remodel,
maintain, equip, reequip, repair, and operate a baseball stadium.
(6) The county shall assemble such real property as the district
determines to be necessary as a site for the baseball stadium.
Property which is necessary for this purpose that is owned by the
county on October 17, 1995, shall be contributed to the district, and
property which is necessary for this purpose that is acquired by the
county on or after October 17, 1995, shall be conveyed to the district.
(7)
(((8))) (5) As used in this section, "baseball stadium" means
"baseball stadium" as defined in RCW 82.14.0485.
(((9))) (6) The taxes imposed under this section shall expire when
the bonds issued for the construction of the baseball stadium are
retired, but not later than twenty years after the taxes are first
collected.
Sec. 201 RCW 82.19.010 and 1998 c 257 s 7 are each amended to
read as follows:
(1) In addition to any other taxes, there is hereby levied and
there shall be collected by the department of revenue from every person
for the privilege of engaging within this state in business as a
manufacturer, as a wholesaler, or as a retailer, a litter tax equal to
the value of products listed in RCW 82.19.020, including byproducts,
manufactured within this state, multiplied by fifteen one-thousandths
of one percent in the case of manufacturers, and equal to the gross
proceeds of sales of the products listed in RCW 82.19.020 that are sold
within this state multiplied by fifteen one-thousandths of one percent
in the case of wholesalers and retailers.
(2) ((Beginning January 1999, and in January of every odd-numbered
year thereafter, the department shall submit to the appropriate
committees of the senate and the house of representatives a report on
compliance with the litter tax. The report shall address:)) The frequency and time of collection
of the tax will ((
(a) The litter tax reported voluntarily and litter tax assessed
through enforcement; and
(b) Total litter tax revenues reported on an industry basis.
(3) Beginning January 1999,be changed to)) coincide with the reporting periods
by payers of their business and occupation tax.
Sec. 301 RCW 82.24.020 and 2003 c 114 s 1 are each amended to
read as follows:
(1) There is levied and there shall be collected as provided in
this chapter, a tax upon the sale, use, consumption, handling,
possession, or distribution of all cigarettes, in an amount equal to
((the rate of eleven and one-half mills)) one and fifteen one-hundredths cents per cigarette.
(2) An additional tax is imposed upon the sale, use, consumption,
handling, possession, or distribution of all cigarettes, in an amount
equal to ((the rate of)) five ((and one-fourth mills)) hundred twenty-five one-thousandths of a cent per cigarette. All revenues collected
during any month from this additional tax shall be deposited in the
violence reduction and drug enforcement account under RCW 69.50.520 by
the twenty-fifth day of the following month.
(3) An additional tax is imposed upon the sale, use, consumption,
handling, possession, or distribution of all cigarettes, in an amount
equal to ((the rate of ten mills per cigarette through June 30, 1994,
eleven and one-fourth mills per cigarette for the period July 1, 1994,
through June 30, 1995, twenty mills per cigarette for the period July
1, 1995, through June 30, 1996, and twenty and one-half mills)) two and
five one-hundredths cents per cigarette ((thereafter)). All revenues
collected during any month from this additional tax shall be deposited
in the health services account created under RCW 43.72.900 by the
twenty-fifth day of the following month.
(4) Wholesalers subject to the payment of this tax may, if they
wish, absorb ((one-half mill)) five one-hundredths cents per cigarette
of the tax and not pass it on to purchasers without being in violation
of this section or any other act relating to the sale or taxation of
cigarettes.
(5) For purposes of this chapter, "possession" shall mean both (a)
physical possession by the purchaser and, (b) when cigarettes are being
transported to or held for the purchaser or his or her designee by a
person other than the purchaser, constructive possession by the
purchaser or his or her designee, which constructive possession shall
be deemed to occur at the location of the cigarettes being so
transported or held.
Sec. 302 RCW 82.24.026 and 2005 c 514 s 1102 are each amended to
read as follows:
(1) In addition to the tax imposed upon the sale, use, consumption,
handling, possession, or distribution of cigarettes set forth in RCW
82.24.020, there is imposed a tax in an amount equal to ((the rate of
thirty mills)) three cents per cigarette.
(2) The revenue collected under this section shall be deposited as
follows:
(a) 21.7 percent shall be deposited into the health services
account.
(b) 2.8 percent shall be deposited into the general fund.
(c) 2.3 percent shall be deposited into the violence reduction and
drug enforcement account under RCW 69.50.520.
(d) 1.7 percent shall be deposited into the water quality account
under RCW 70.146.030.
(e) The remainder shall be deposited into the education legacy
trust account.
Sec. 303 RCW 82.24.027 and 1999 c 309 s 925 are each amended to
read as follows:
(1) There is hereby levied and there shall be collected by the
department of revenue from the persons mentioned in and in the manner
provided by this chapter, an additional tax upon the sale, use,
consumption, handling, possession, or distribution of cigarettes in an
amount equal to ((the rate of four mills)) four-tenths of a cent per
cigarette.
(2) The moneys collected under this section shall be deposited as
follows:
(a) ((For the period ending July 1, 1999, in the water quality
account under RCW 70.146.030;)) For the period beginning July 1, 2001, through June 30, 2021,
into the water quality account under RCW 70.146.030; and
(b) For the period beginning July 1, 1999, through June 30, 2001,
fifty percent into the violence reduction and drug enforcement account
under RCW 69.50.520 and fifty percent into the salmon recovery account;
(c)
(((d))) (b) For the period beginning July 1, 2021, in the general
fund.
Sec. 304 RCW 82.24.028 and 2002 c 2 s 3 are each amended to read
as follows:
In addition to the tax imposed upon the sale, use, consumption,
handling, possession, or distribution of cigarettes set forth in RCW
82.24.020, there is imposed a tax in an amount equal to ((the rate of
thirty mills)) three cents per cigarette ((effective January 1, 2002)).
All revenues collected during any month from this additional tax shall
be deposited in the health services account created under RCW 43.72.900
by the twenty-fifth day of the following month.
Sec. 401 RCW 82.29A.080 and 2002 c 371 s 925 are each amended to
read as follows:
The counties and cities shall contract, prior to the effective date
of an ordinance imposing a leasehold excise tax, with the department of
revenue for administration and collection. The department of revenue
shall deduct a percentage amount, as provided by such contract, not to
exceed two percent of the taxes collected, for administration and
collection expenses incurred by the department. The remainder of any
portion of any tax authorized by RCW 82.29A.040, which is collected by
the department of revenue ((shall)), must be ((deposited by the state
department of revenue)) remitted to the state treasurer who shall
deposit the funds in the local leasehold excise tax account hereby
created in the state treasury. Moneys in the local leasehold excise
tax account may be spent only for distribution to counties and cities
imposing a leasehold excise tax.
((During the 2001-2003 fiscal biennium, the legislature may
transfer from the local leasehold excise tax account to the state
general fund such amounts as reflect the interest earnings of the
account.))
NEW SECTION. Sec. 402 RCW 82.29A.150 (Cancellation of taxes
levied for collection in 1976) and 1975-'76 2nd ex.s. c 61 s 17 are
each repealed.
NEW SECTION. Sec. 403 RCW 82.29A.900 and 82.29A.910 are
decodified.
Sec. 501 RCW 84.09.030 and 2007 c 285 s 3 are each amended to
read as follows:
(1)(a) Except as ((follows)) provided in (b) of this subsection
(1), for the purposes of property taxation and the levy of property
taxes, the boundaries of counties, cities, and all other taxing
districts((, for purposes of property taxation and the levy of property
taxes,)) shall be the established official boundaries of such districts
existing on the first day of August of the year in which the property
tax levy is made.
((The official boundaries of a newly incorporated taxing district
shall be established at a different date in the year in which the
incorporation occurred as follows:)) (b) The boundaries for a newly incorporated port district or
regional fire protection service authority shall be established on the
first day of October if the boundaries of the newly incorporated port
district or regional fire protection service authority are coterminous
with the boundaries of another taxing district or districts, as they
existed on the first day of ((
(1) Boundaries for a newly incorporated city shall be established
on the last day of March of the year in which the initial property tax
levy is made, and the boundaries of a road district, library district,
or fire protection district or districts, that include any portion of
the area that was incorporated within its boundaries shall be altered
as of this date to exclude this area, if the budget for the newly
incorporated city is filed pursuant to RCW 84.52.020 and the levy
request of the newly incorporated city is made pursuant to RCW
84.52.070. Whenever a proposed city incorporation is on the March
special election ballot, the county auditor shall submit the legal
description of the proposed city to the department of revenue on or
before the first day of March;
(2)March)) August of that year((;)).
(3) Boundaries of any other newly incorporated taxing district
shall be established on the first day of June of the year in which the
property tax levy is made if the taxing district has boundaries
coterminous with the boundaries of another taxing district, as they
existed on the first day of March of that year;
(4) Boundaries for a newly incorporated water-sewer district shall
be established on the fifteenth of June of the year in which the
proposition under RCW 57.04.050 authorizing a water district excess
levy is approved.
The boundaries of a taxing district shall be established on the
first day of June if territory has been added to, or removed from, the
taxing district after the first day of March of that year with
boundaries coterminous with the boundaries of another taxing district
as they existed on the first day of March of that year. However, the
boundaries of a road district, library district, or fire protection
district or districts, that include any portion of the area that was
annexed to a city or town within its boundaries shall be altered as of
this date to exclude this area
(2) In any case where any instrument setting forth the official
boundaries of any newly established taxing district, or setting forth
any change in ((such)) the boundaries, is required by law to be filed
in the office of the county auditor or other county official, ((said))
the instrument shall be filed in triplicate. The officer with whom
((such)) the instrument is filed shall transmit two copies of the
instrument to the county assessor.
(3) No property tax levy shall be made for any taxing district
whose boundaries are not established as of the dates provided in this
section.
Sec. 502 RCW 84.48.080 and 2001 c 185 s 12 are each amended to
read as follows:
(1) Annually during the months of September and October, the
department of revenue shall examine and compare the returns of the
assessment of the property in the several counties of the state, and
the assessment of the property of railroad and other companies assessed
by the department, and proceed to equalize the same, so that each
county in the state shall pay its due and just proportion of the taxes
for state purposes for such assessment year, according to the ratio the
valuation of the property in each county bears to the total valuation
of all property in the state.
(a) The department shall classify all property, real and personal,
and shall raise and lower the valuation of any class of property in any
county to a value that shall be equal, so far as possible, to the true
and fair value of such class as of January 1st of the current year for
the purpose of ascertaining the just amount of tax due from each county
for state purposes. In equalizing personal property as of January 1st
of the current year, the department shall use valuation data with
respect to personal property from the three years immediately preceding
the current assessment year in a manner it deems appropriate. Such
classification may be on the basis of types of property, geographical
areas, or both. For purposes of this section, for each county that has
not provided the department with an assessment return by December 1st,
the department shall proceed, using facts and information and in a
manner it deems appropriate, to estimate the value of each class of
property in the county.
(b) The department shall keep a full record of its proceedings and
the same shall be published annually by the department.
(2) The department shall levy the state taxes authorized by law.
The amount levied in any one year for general state purposes shall not
exceed the lawful dollar rate on the dollar of the assessed value of
the property of the entire state, which assessed value shall be one
hundred percent of the true and fair value of the property in money.
The department shall apportion the amount of tax for state purposes
levied by the department, among the several counties, in proportion to
the valuation of the taxable property of the county for the year as
equalized by the department: PROVIDED, That for purposes of this
apportionment, the department shall recompute the previous year's levy
and the apportionment thereof to correct for changes and errors in
taxable values reported to the department after October 1 of the
preceding year and shall adjust the apportioned amount of the current
year's state levy for each county by the difference between the
apportioned amounts established by the original and revised levy
computations for the previous year. For purposes of this section,
changes in taxable values mean a final adjustment made by a county
board of equalization, the state board of tax appeals, or a court of
competent jurisdiction and shall include additions of omitted property,
other additions or deletions from the assessment or tax rolls, any
assessment return provided by a county to the department subsequent to
December 1st, or a change in the indicated ratio of a county. Errors
in taxable values mean errors corrected by a final reviewing body.
((In addition to computing a levy under this subsection that is
reduced under RCW 84.55.012, the department shall compute a
hypothetical levy without regard to the reduction under RCW 84.55.012.
This hypothetical levy shall also be apportioned among the several
counties in proportion to the valuation of the taxable property of the
county for the year, as equalized by the department, in the same manner
as the actual levy and shall be used by the county assessors for the
purpose of recomputing and establishing a consolidated levy under RCW
84.52.010.))
(3) The department shall have authority to adopt rules and
regulations to enforce obedience to its orders in all matters in
relation to the returns of county assessments, the equalization of
values, and the apportionment of the state levy by the department.
(4) After the completion of the duties prescribed in this section,
the director of the department shall certify the record of the
proceedings of the department under this section, the tax levies made
for state purposes and the apportionment thereof among the counties,
and the certification shall be available for public inspection.
NEW SECTION. Sec. 601 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 602 This act does not affect any existing
right acquired or liability or obligation incurred under the sections
amended or repealed in this act or under any rule or order adopted
under those sections, nor does it affect any proceeding instituted
under those sections.
NEW SECTION. Sec. 603 Part headings used in this act are not any
part of the law.