BILL REQ. #:  S-1041.1 

Read first time 01/27/09.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to modification of distributions from the city-county assistance account; amending RCW 43.08.290; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that the distribution of state real estate excise tax revenues via the city-county assistance account established in RCW 43.08.290 represents a redistribution of tax revenues from the more populous cities and counties to the less populous cities and counties of the state. The legislature finds that it is appropriate to require voter acknowledgment and approval for the continuation of these government assistance tax payments to cities and counties.

Sec. 2   RCW 43.08.290 and 2005 c 450 s 2 are each amended to read as follows:
     (1) The city-county assistance account is created in the state treasury. All receipts from real estate excise tax disbursements provided under RCW 82.45.060 shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes provided in this section.
     (2) Funds deposited in the city-county assistance account shall be distributed equally to the cities and counties.
     (3)(a) Funds distributed to counties shall, to the extent possible, increase the revenues received under RCW 82.14.030(1) by each county to the greater of two hundred fifty thousand dollars or:
     (i) For a county with an unincorporated population of one hundred thousand or less, seventy percent of the statewide weighted average per capita level of sales and use tax revenues collected under RCW 82.14.030(1) for the unincorporated areas of all counties imposing the sales and use tax authorized under RCW 82.14.030(1) in the previous calendar year; and
     (ii) For a county with an unincorporated population of more than one hundred thousand, sixty-five percent of the statewide weighted average per capita level of sales and use tax revenues collected under RCW 82.14.030(1) for the unincorporated areas of all counties imposing the sales and use tax authorized under RCW 82.14.030(1) in the previous calendar year.
     (b) For each county with an unincorporated population of fifteen thousand or less, the county shall receive the greater of the amount in (a) of this subsection or the amount received in local government assistance provided by section 716, chapter 276, Laws of 2004.
     (c) For each county with an unincorporated population of more than fifteen thousand and less than twenty-two thousand, the county shall receive in calendar year 2006 and 2007 the greater of the amount provided in (a) of this subsection or the amount received in local government assistance provided by section 716, chapter 276, Laws of 2004.
     (d) To the extent that revenues are insufficient to fund the distributions under this subsection, the distributions of all counties as otherwise determined under this subsection shall be ratably reduced.
     (e) To the extent that revenues exceed the amounts needed to fund the distributions under this subsection, the excess funds shall be divided ratably based upon unincorporated population among those counties receiving funds under this subsection and imposing the tax collected under RCW 82.14.030(2) at the maximum rate.
     (4)(a) For each city with a population of five thousand or less with a per capita assessed property value less than twice the statewide average per capita assessed property value for all cities for the calendar year previous to the certification under subsection (6) of this section, the city shall receive the greater of the following three amounts:
     (i) An amount necessary to increase the revenues collected under RCW 82.14.030(1) up to fifty-five percent of the statewide weighted average per capita level of sales and use tax revenues collected under RCW 82.14.030(1) for all cities imposing the sales and use tax authorized under RCW 82.14.030(1) in the previous calendar year.
     (ii) The amount received in local government assistance provided for fiscal year 2005 by section 721, chapter 25, Laws of 2003 1st sp. sess.
     (iii) For a city with a per capita assessed property value less than fifty-five percent of the statewide average per capita assessed property value for all cities, an amount determined by subtracting the city's per capita assessed property value from fifty-five percent of the statewide average per capita assessed property value, dividing that amount by one thousand, and multiplying the result by the city's population.
     (b) For each city with a population of more than five thousand with a per capita assessed property value less than the statewide average per capita assessed property value for all cities for the calendar year previous to the certification under subsection (6) of this section, the city shall receive the greater of the following three amounts:
     (i) An amount necessary to increase the revenues collected under RCW 82.14.030(1) up to fifty percent of the statewide weighted average per capita level of sales and use tax revenues collected under RCW 82.14.030(1) for all cities imposing the sales and use tax authorized under RCW 82.14.030(1) in the previous calendar year.
     (ii) For calendar year 2006 and 2007, the amount received in local government assistance provided for fiscal year 2005 by section 721, chapter 25, Laws of 2003 1st sp. sess.
     (iii) For a city with a per capita assessed property value less than fifty-five percent of the statewide average per capita assessed property value for all cities, an amount determined by subtracting the city's per capita assessed property value from fifty-five percent of the statewide average per capita assessed property value, dividing that amount by one thousand, and multiplying the result by the city's population.
     (c) No city may receive an amount greater than one hundred thousand dollars a year under (a) or (b) of this subsection.
     (d) To the extent that revenues are insufficient to fund the distributions under this subsection, the distributions of all cities as otherwise determined under this subsection shall be ratably reduced.
     (e) To the extent that revenues exceed the amounts needed to fund the distributions under this subsection, the excess funds shall be divided ratably based upon population among those cities receiving funds under this subsection and imposing the tax collected under RCW 82.14.030(2) at the maximum rate.
     (f) This subsection only applies to cities incorporated prior to August 1, 2005.
     (5) The two hundred fifty thousand dollar amount in subsection (3) of this section and the one hundred thousand dollar amount in subsection (4) of this section shall be increased each year beginning in calendar year 2006 by inflation as defined in RCW 84.55.005, as determined by the department of revenue.
     (6) Distributions under subsections (3) and (4) of this section shall be made quarterly beginning on October 1, 2005, based on population as last determined by the office of financial management. The department of revenue shall certify the amounts to be distributed under this section to the state treasurer. The certification shall be made by October 1, 2005, for the October 1, 2005, distribution and the January 1, 2006, distribution, based on calendar year 2004 collections. The certification shall be made by March 1, 2006, for distributions beginning April 1, 2006, and by March 1st of every year thereafter. The March 1st certification shall be used for distributions occurring on April 1st, July 1st, and October 1st of the year of certification and on January 1st of the year following certification.
     (7) The amount of the quarterly distributions to cities and counties made under subsections (3) and (4) of this section, shall be reduced by the amount of streamlined sales and use tax mitigation funds distributed to the same city or county in the same calendar quarter under RCW 82.14.500.
     (8) No city or county shall receive a distribution under this section unless (a) the city or county legislative authority, by resolution or ordinance, has submitted an authorizing proposition to the voters at the next general election following the effective date of this act and at least every two years thereafter, and (b) the proposition has been approved by a majority of persons voting thereon. The ballot title of the proposition required by this subsection shall be substantially as follows:

     "In (prior year), the government of (city or county) received
     $. . . . in government assistance tax payments financed by (the
     two counties with the highest real estate excise tax revenues)
     and the other more populous counties of Washington state,
     which amounts to $ . . . for each resident of (city or county).      Without these payments, the local tax bill for each taxpayer
     would increase, and/or the (city or county) services would
     be reduced. Should (city or county) be authorized to
     continue receiving these payments?"

     If a city or county otherwise eligible to receive distributions under this section does not approve the authorizing proposition, the distribution for that city or county shall be deposited in the public works assistance account under RCW 43.155.050. The voter authorization required under this subsection must occur at least every two years.
     (9) All distributions to local governments from the city-county assistance account constitute increases in state distributions of revenue to political subdivisions for purposes of state reimbursement for the costs of new programs and increases in service levels under RCW 43.135.060, including any claims or litigation pending against the state on or after January 1, 2005.