Passed by the Senate February 8, 2013 YEAS 48 NAYS 0 BRAD OWEN ________________________________________ President of the Senate Passed by the House April 12, 2013 YEAS 57 NAYS 37 FRANK CHOPP ________________________________________ Speaker of the House of Representatives		CERTIFICATE I, Hunter G. Goodman, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5110 as passed by the Senate and the House of Representatives on the dates hereon set forth. HUNTER G. GOODMAN ________________________________________ Secretary
Approved April 22, 2013, 3:15 p.m. JAY INSLEE ________________________________________ Governor of the State of Washington		FILED April 23, 2013 Secretary of State State of Washington

AN ACT Relating to local government purchasing of supplies, materials, or equipment; and amending RCW 39.30.040.

Sec. 1   RCW 39.30.040 and 1989 c 431 s 58 are each amended to read as follows:
     (1) Whenever a unit of local government is required to make purchases from the lowest bidder or from the supplier offering the lowest price for the items desired to be purchased, the unit of local government may, at its option when awarding a purchase contract, take into consideration tax revenue it would receive from purchasing the supplies, materials, or equipment from a supplier located within its boundaries. The unit of local government must award the purchase contract to the lowest bidder after such tax revenue has been considered. However, any local government may allow for preferential purchase of products made from recycled materials or products that may be recycled or reused. ((The tax revenues which units of local government may consider include sales taxes that the unit of local government imposes upon the sale of such supplies, materials, or equipment from the supplier to the unit of local government, and business and occupation taxes that the unit of local government imposes upon the supplier that are measured by the gross receipts of the supplier from such sale.)) Any unit of local government which considers tax revenue((s)) it would receive from the imposition of taxes upon a supplier located within its boundaries((~~, shall~~)) must also consider tax revenue((s)) it would receive from taxes it imposes upon a supplier located outside its boundaries.
     (2) ((~~As used in this section, the term~~)) A unit of local government may award a contract to a bidder submitting the lowest bid before taxes are applied. The unit of local government must provide notice of its intent to award a contract based on this method prior to bids being submitted. For the purposes of this subsection (2), "taxes" means only those taxes that are included in "tax revenue" as defined in this section.
     (3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Tax revenue" means sales taxes that units of local government impose upon the sale of supplies, materials, or equipment from the supplier to units of local government, and business and occupation taxes that units of local government impose upon the supplier that are measured by the gross receipts of the supplier from the sale.
     (b) "Unit of local government" means any county, city, town, metropolitan municipal corporation, public transit benefit area, county transportation authority, or other municipal or quasi-municipal corporation authorized to impose sales and use taxes or business and occupation taxes.