H-4140              _______________________________________________

                                                   HOUSE BILL NO. 1756

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Haugen and Dellwo

Read first time 1/25/88 and referred to Committee on Local Government.

AN ACT Relating to retail sales and use taxes; and amending RCW 82.14.030.

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

        Sec. 1.  Section 4, chapter 94, Laws of 1970 ex. sess. as amended by section 17, chapter 49, Laws of 1982 1st ex. sess. and RCW 82.14.030 are each amended to read as follows:

          (1) The governing body of any county or city while not required by legislative mandate to do so, may, by resolution or ordinance for the purposes authorized by this chapter, fix and impose a sales and use tax in accordance with the terms of this chapter.  Such tax shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW, upon the occurrence of any taxable event within the county or city as the case may be.  The rate of such tax imposed by a county shall be five-tenths of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax).  The rate of such tax imposed by a city shall not exceed five-tenths of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax):  PROVIDED, HOWEVER, That in the event a county shall impose a sales and use tax under this subsection, the rate of such tax imposed under this subsection by any city therein shall not exceed four hundred and twenty-five one-thousandths of one percent.

          (2) ((Subject to the enactment into law of the 1982 amendment to RCW 82.02.020 by section 5, chapter 49, Laws of 1982 1st ex. sess.,)) In addition to the tax authorized in subsection (1) of this section, the governing body of any county or city may by resolution or ordinance impose an additional sales and use tax in accordance with the terms of this chapter.  Such additional tax shall be collected upon the same taxable events upon which the tax imposed under subsection (1) of this section is levied.  The rate of such additional tax imposed by a county shall be up to  five-tenths of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax).  The rate of such additional tax imposed by a city shall be up to five-tenths of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax):  PROVIDED HOWEVER, That in the event a county shall impose a sales and use tax under this subsection at a rate equal to or greater than the rate imposed under this subsection by a city within the county, the county shall receive fifteen percent of the city tax:  PROVIDED FURTHER, That in the event that the county shall impose a sales and use tax under this subsection at a rate which is less than the rate imposed under this subsection by a city within the county, the county shall receive that amount of revenues from the city tax equal to fifteen percent of the rate of tax imposed by the county under this subsection.  The authority to impose a tax under this subsection is intended in part to compensate local government for any losses from the phase-out of the property tax on business inventories.

(3) In addition to the taxes authorized in subsections (1) and (2) of this section, any city that is not imposing a business and occupation tax for the act or privilege of engaging in business activities measured by the application of rates against value of products, gross proceeds of sales, or gross income of the business, as the case may be, except a tax upon public utilities, may by ordinance impose an additional tax in accordance with the terms of this chapter at a rate of up to three-tenths of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax).  Such additional tax shall be collected upon the same taxable events upon which the taxes imposed under subsections (1) and (2) of this section are levied.