ESHB 1478 -
By Senators Nelson, Pridemore
ADOPTED 04/04/2011
On page 16, after line 19 of the amendment, insert the following:
"Sec. 10 RCW 82.14.415 and 2009 c 550 s 1 are each amended to
read as follows:
(1) The legislative authority of any city 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)) is 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 having a
population of at least ten thousand people, or four thousand in the
case of a city described under subsection (3)(a)(i) of this section,
prior to January 1, 2015; 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)) must perform the collection of such taxes on behalf of the
city at no cost to the city and ((shall)) must remit the tax to the
city as provided in RCW 82.14.060.
(3)(a) Except as provided in (b) of this subsection, the maximum
rate of tax any city may impose under this section is:
(i) 0.1 percent for each annexed area in which the population is
greater than ten thousand and less than twenty thousand. The ten
thousand population threshold in this subsection (3)(a)(i) is four
thousand for a city with a population between one hundred fifteen
thousand and one hundred forty thousand and located within a county
with a population over one million five hundred thousand; and
(ii) 0.2 percent for an annexed area in which the population is
greater than twenty thousand.
(b) Beginning July 1, 2011, the maximum rate of tax imposed under
this section is 0.85 percent for an annexed area in which the
population is greater than ((eighteen)) sixteen thousand if the annexed
area was, prior to November 1, 2008, officially designated as a
potential annexation area by more than one city, one of which has a
population greater than four hundred thousand.
(4)(a) Except as provided in (b) of this subsection, 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)(a) of this section is 0.3 percent, beginning July 1,
2011, if the city commenced annexation of an area, prior to January 1,
2010, that would have otherwise allowed the city to increase the rate
of tax imposed under this section absent the rate limit imposed in (a)
of this subsection.
(c) The maximum cumulative rate of tax a city may impose under
subsection (3)(b) of this section is 0.85 percent for the single
annexed area the city may annex and the amount of tax distributed to a
city under subsection (3)(b) of this section ((shall)) may not exceed
five million dollars per fiscal year.
(5) The tax imposed by this section ((shall)) may only be imposed
at the beginning of a fiscal year and ((shall)) may continue for no
more than ten years from the date that each increment of the tax is
first imposed. Tax rate increases due to additional annexed areas
((shall be)) are 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 (9) of this section.
(6) All revenue collected under this section ((shall)) may be used
solely to provide, maintain, and operate municipal services for the
annexation area.
(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)) must notify
the department and the tax distributions authorized in this section
((shall)) must be suspended for the remainder of the year.
(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)) must adopt an ordinance that includes the following:
(a) A certification that the amount needed to provide municipal
services to the annexed area reflects the city's true and actual costs;
(b) The rate of tax under this section that ((shall be)) is imposed
within the city; and
(c) The threshold amount for the first fiscal year following the
annexation and passage of the ordinance.
(9) The tax ((shall)) must 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)) must
provide the department with a certification of the city's true and
actual costs to provide municipal services to the annexed area, a new
threshold amount for the next fiscal year, and notice of any applicable
tax rate changes. Distributions of tax under this section ((shall))
must 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)) belongs to the state of Washington. Any amount
resulting from the threshold amount less the total fiscal year
distributions, as of June 30th, ((shall)) may not be carried forward to
the next fiscal year.
(10) The tax ((shall)) must cease to be distributed to a city
imposing the tax under subsection (3)(b) of this section for the
remainder of the fiscal year, if the total distributions to the city
imposing the tax exceed five million dollars for the fiscal year.
(11) The resident population of the annexation area must be
determined in accordance with chapter 35.13 or 35A.14 RCW.
(12) 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) "Commenced annexation" means the initiation of annexation
proceedings has taken place under the direct petition method or the
election method under chapter 35.13 or 35A.14 RCW.
(c) "Department" means the department of revenue.
(d) "Municipal services" means those services customarily provided
to the public by city government.
(e) "Fiscal year" means the year beginning July 1st and ending the
following June 30th.
(f) "Potential annexation area" means one or more geographic areas
that a city has officially designated for potential future annexation,
as part of its comprehensive plan adoption process under the state
growth management act, chapter 36.70A RCW.
(g) "Threshold amount" means the maximum amount of tax
distributions as determined by the city in accordance with subsection
(7) of this section that the department ((shall)) must distribute to
the city generated from the tax imposed under this section in a fiscal
year."
Renumber the remaining sections consecutively and correct any internal references accordingly.
ESHB 1478 -
By Senators Nelson, Pridemore
ADOPTED 04/04/2011
On page 25, line 3 of the title amendment, after "82.02.080," insert "82.14.415,"
EFFECT: Changes the population threshold from 18,000 to 16,000 to impose the 0.85 percent rate under the annexation sales and use tax. Specifies that the resident population of the annexed territory must be determined in accordance with the generally applicable methods for determining annexation populations.