(1) As a condition to imposing a sales
and use tax under RCW 82.14.465, a city, town, or county must
apply to the department at least seventy-five days before the
effective date of any such tax. The application shall be in a
form and manner prescribed by the department and shall include
but is not limited to information establishing that the applicant
is eligible to impose such a tax, the anticipated effective date
for imposing the tax, the estimated number of years that the tax
will be imposed, and the estimated amount of tax revenue to be
received in each fiscal year that the tax will be imposed. For
purposes of this section, "fiscal year" means the year beginning
July 1st and ending the following June 30th. The department
shall make available forms to be used for this purpose. As part
of the application, a city, town, or county must provide to the
department a copy of the ordinance creating the benefit zone as
required in RCW 39.100.040. The department shall rule on
completed applications within sixty days of receipt. The
department may begin accepting and approving applications August
1, 2006. No new applications shall be considered by the
department after the thirtieth day of September of the third year
following the year in which the first application was received by
the department.
(2) The authority to impose the local option sales and use
taxes under RCW 82.14.465 is on a first-come basis. Priority for
collecting the taxes authorized under RCW 82.14.465 among
approved applicants shall be based on the date that the approved
application was received by the department. As a part of the
approval of applications under this section, the department shall
approve the amount of tax under RCW 82.14.465 that an applicant
may impose. The amount of tax approved by the department shall
not exceed the lesser of two million dollars or the average
amount of tax revenue that the applicant estimates that it will
receive in all fiscal years through the imposition of a sales and
use tax under RCW 82.14.465. A city, town, or county shall not
receive, in any fiscal year, more revenues from taxes imposed
under RCW 82.14.465 than the amount approved by the department.
The department shall not approve the receipt of more credit
against the state sales and use tax than is authorized under
subsection (3) of this section.
(3) No more than two million dollars of credit against the
state sales and use tax provided for under RCW 82.14.465(2), may
be received in any fiscal year by all cities, towns, and counties
imposing a tax under RCW 82.14.465.
(4)(a) The credit against the state sales and use tax shall
be available to any city, town, or county imposing a tax under
RCW 82.14.465 only as long as the city, town, or county has
outstanding indebtedness under chapter 39.100 RCW or the tax
allocation revenues are used for public improvement costs, but in
no case shall the credit be available for more than thirty years
after the tax is first imposed by the city, town, or county.
(b) Local governments may pledge any receipts from taxes
levied and collected under chapter 39.100 RCW and RCW 82.14.465
to the repayment of its bonds or bond anticipation notes. A
local government shall notify the department when all outstanding
indebtedness secured in whole or in part from receipts is no
longer outstanding or tax allocation revenues are no longer used
for public improvement costs, and the credit provided for under
RCW 82.14.465 shall be terminated.
(5) The department may adopt any rules under chapter 34.05 RCW it considers necessary for the administration of chapter 39.100 RCW.
[2007 c 266 § 9; 2006 c 111 § 9.]
NOTES:
Finding -- Application -- Effective date -- 2007 c 266: See notes following RCW 39.100.010.
Effective date -- 2006 c 111: See RCW 39.100.900.