HOUSE BILL REPORT
SSB 5799
As Passed House:
March 9, 2022
Title: An act relating to modifying the application of the workforce education investment advanced computing surcharge to provider clinics and affiliated organizations.
Brief Description: Modifying the application of the workforce education investment advanced computing surcharge to provider clinics and affiliated organizations.
Sponsors: Senate Committee on Business, Financial Services & Trade (originally sponsored by Senators Robinson and Lovick).
Brief History:
Committee Activity:
Finance: 3/7/22, 3/8/22 [DP].
Floor Activity:
Passed House: 3/9/22, 66-31.
Brief Summary of Substitute Bill
  • Exempts provider clinics and affiliated organizations from the workforce education investment surcharge.
HOUSE COMMITTEE ON FINANCE
Majority Report: Do pass.Signed by 12 members:Representatives Frame, Chair; Berg, Vice Chair; Walen, Vice Chair; Harris-Talley, Morgan, Orwall, Ramel, Springer, Stokesbary, Vick, Wylie and Young.
Minority Report: Without recommendation.Signed by 5 members:Representatives Orcutt, Ranking Minority Member; Dufault, Assistant Ranking Minority Member; Chase, Chopp and Thai.
Staff: Rachelle Harris (786-7137).
Background:

Business and Occupation Tax.
Washington's major business tax is the business and occupation (B&O) tax.  The B&O tax is imposed on the gross receipts of business activities conducted within the state, without any deduction for the costs of doing business.  Businesses must pay the B&O tax even though they may not have any profits or may be operating at a loss. 
 
A taxpayer may have more than one B&O tax rate, depending on the types of activities conducted.  Major B&O tax rates are 0.471 percent for retailing; 0.484 percent for manufacturing, wholesaling, and extracting; and 1.5 percent (businesses with taxable income of less than $1 million) or 1.75 percent (businesses with taxable income of $1 million or more) for services and for activities not classified elsewhere.  Several preferential rates also apply to specific business activities.
 
Workforce Investment Surcharge.
A workforce education investment surcharge is applied to the amount of tax payable under the Service and Other Activities B&O tax classification by select advanced computing businesses.  A select advance computing business is a business, or member of an affiliated group, with at least one member engaged in advanced computing and the affiliated group has more than $25 billion in worldwide gross income in the immediately preceding calendar year.  The surcharge is equal to the gross income of the business subject to B&O tax under the Service and Other Activities classification, multiplied by the rate of 1.22 percent.  This is in addition to the Service and Other Activities B&O tax rate of 1.5 percent, for a total of 2.72 percent.  The amount of surcharge owed by a business or an affiliated group is capped at $9 million annually.  The surcharge does not apply to hospitals. 
 
Tax Preference Performance Statement.
Legislation that establishes or expands a tax preference, such as a tax exemption, deduction, or preferential rate, must include a Tax Preference Performance Statement (TPPS) that identifies the public policy objective of the tax preference, as well as specific metrics that the Joint Legislative Audit and Review Committee (JLARC) can use to evaluate the effectiveness of the preference.  A new tax preference automatically expires after 10 years unless an alternative expiration date is provided or the tax preference is exempt from the automatic expiration date in the bill.

Summary of Bill:

The following entities are exempt from the workforce education investment surcharge:

  • provider clinics offering primary care, multi-specialty, and surgical services, including behavioral health services; and
  • affiliates of the provider clinic if the affiliate is an organization that offers health care services or provides administrative support for a provider clinic, or is an independent practice association or accountable care organization.

 
The exemption for provider clinics is subject to the automatic 10-year expiration date.

Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect on July 1, 2022.
Staff Summary of Public Testimony:

(In support) The Everett clinic is a multi-specialty clinic.  This bill passed unanimously from the Senate, and it addresses an unintended consequence from the Workforce Investment Surcharge bill.  Hospitals were intentionally excluded from the surcharge, but not provider clinics.  The Everett health clinic is committed to investing in community and affordable health care.  The bill is essentially a wash to state revenues, but it helps provider clinics with their fiscal situation.  This will only apply to the Everett clinic and the Poly Clinic.

 

(Opposed) None.

Persons Testifying: Nari Heshmati, The Everett Clinic; and Sean Graham, Washington State Medical Association.
Persons Signed In To Testify But Not Testifying: None.