CERTIFICATION OF ENROLLMENT

HOUSE BILL 2822

Chapter 9, Laws of 2012

62nd Legislature
2012 1st Special Session



LOCAL SALES AND USE TAX ACCOUNT--DEPOSITS AND DISTRIBUTIONS



EFFECTIVE DATE: 07/10/12

Passed by the House April 5, 2012
  Yeas 82   Nays 15

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate April 10, 2012
  Yeas 42   Nays 5


BRAD OWEN
________________________________________    
President of the Senate
 
CERTIFICATE

I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2822 as passed by the House of Representatives and the Senate on the dates hereon set forth.


BARBARA BAKER
________________________________________    
Chief Clerk
Approved May 2, 2012, 2:04 p.m.








CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
May 2, 2012







Secretary of State
State of Washington


_____________________________________________ 

HOUSE BILL 2822
_____________________________________________

Passed Legislature - 2012 1st Special Session
State of Washington62nd Legislature2012 1st Special Session

By Representative Hunter; by request of Governor Gregoire and State Treasurer

Read first time 04/03/12.   Referred to Committee on Ways & Means.



     AN ACT Relating to local sales and use tax account deposits and distributions; and amending RCW 82.14.050.

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

Sec. 1   RCW 82.14.050 and 2009 c 469 s 107 are each amended to read as follows:
     (1) The counties, cities, and transportation authorities under RCW 82.14.045, public facilities districts under chapters 36.100 and 35.57 RCW, public transportation benefit areas under RCW 82.14.440, regional transportation investment districts, and transportation benefit districts under chapter 36.73 RCW ((shall)) must contract, prior to the effective date of a resolution or ordinance imposing a sales and use tax, the administration and collection to the state department of revenue, which ((shall)) must deduct a percentage amount, as provided by 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 this chapter that is collected by the department of revenue ((shall)) must be deposited by the state department of revenue in the local sales and use tax account hereby created in the state treasury. Beginning January 1, 2013, the department of revenue must make deposits in the local sales and use tax account on a monthly basis on the last business day of the month in which distributions required in (a) of this subsection are due. Moneys in the local sales and use tax account may be withdrawn only for:
     (a) Distribution to counties, cities, transportation authorities, public facilities districts, public transportation benefit areas, regional transportation investment districts, and transportation benefit districts imposing a sales and use tax; and
     (b) Making refunds of taxes imposed under the authority of this chapter and RCW 81.104.170 and exempted under RCW 82.08.962 and 82.12.962.
     (2) All administrative provisions in chapters 82.03, 82.08, 82.12, and 82.32 RCW, as they now exist or may hereafter be amended, ((shall,)) insofar as they are applicable to state sales and use taxes, ((be)) are applicable to taxes imposed pursuant to this chapter.
     (3) Counties, cities, transportation authorities, public facilities districts, and regional transportation investment districts may not conduct independent sales or use tax audits of sellers registered under the streamlined sales tax agreement.
     (4) Except as provided in RCW 43.08.190 and subsection (5) of this section, all earnings of investments of balances in the local sales and use tax account ((shall)) must be credited to the local sales and use tax account and distributed to the counties, cities, transportation authorities, public facilities districts, public transportation benefit areas, regional transportation investment districts, and transportation benefit districts monthly.
     (5) Beginning January 1, 2013, the state treasurer must determine the amount of earnings on investments that would have been credited to the local sales and use tax account if the collections had been deposited in the account over the prior month. When distributions are made under subsection (1)(a) of this section, the state treasurer must transfer this amount from the state general fund to the local sales and use tax account and must distribute such sums to the counties, cities, transportation authorities, public facilities districts, public transportation benefit areas, regional transportation investment districts, and transportation benefit districts.


         Passed by the House April 5, 2012.
         Passed by the Senate April 10, 2012.
         Approved by the Governor May 2, 2012.
         Filed in Office of Secretary of State May 2, 2012.