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Senate Bill 5482 — The Margin Tax (Washington, 2023)

Summary

Senate Bill 5482, State of Washington, 68th Legislature, 2023 Regular Session, by Senators Frame, Wagoner, Wellman, Nguyen, Dhingra, Fortunato, Hunt, Keiser, Kuderer, Lovelett, MacEwen, Saldaña, and Stanford, read first time 01/19/23 and referred to the Committee on Business, Financial Services, Gaming & Trade. The act relates to the margin tax. Its title lists amendments to many sections of the RCW, including RCW 34.05.328, 82.04.020 and 82.04.066, new sections added to chapter 82.04 RCW and chapter 82.08 RCW, and repeals including RCW 43.365.050. Section 803 states that the taxes imposed in the act apply beginning with business activity occurring on or after January 1, 2027.

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Full text

     S-0603.1

                                SENATE BILL 5482


     State of Washington        68th Legislature        2023 Regular Session

     By Senators Frame, Wagoner, Wellman, Nguyen, Dhingra, Fortunato,
     Hunt, Keiser, Kuderer, Lovelett, MacEwen, Saldaña, and Stanford

     Read first time 01/19/23.       Referred   to   Committee   on   Business,
     Financial Services, Gaming & Trade.




 1       AN ACT Relating to the margin tax; amending RCW 34.05.328,
 2   82.04.020, 82.04.066, 82.04.067, 82.04.080, 82.04.2403, 82.04.310,
 3   82.04.311, 82.04.320, 82.04.322, 82.04.323, 82.04.340, 82.04.350,
 4   82.04.360, 82.04.380, 82.04.390, 82.04.405, 82.04.408, 82.04.4282,
 5   82.04.4283,    82.04.4284,     82.04.4285,   82.04.4286,    82.04.4293,
 6   82.04.4339, 82.04.440, 82.04.4497, 82.04.4499, 82.04.615, 82.04.767,
 7   82.04.261, 82.04.285, 82.04.286, 82.04.29004, 82.04.290, 82.04.510,
 8   82.32.045,   82.32.057,   82.32.090,   9.41.100,  9.46.071,   9.91.180,
 9   28C.18.200, 35.87A.010, 35.102.160, 43.06.400, 43.365.020, 48.14.080,
10   48.62.151, 48.64.110, 48.180.055, 48.190.100, 49.04.220, 81.112.330,
11   82.02.250, 82.04.010, 82.04.051, 82.04.062, 82.04.2404, 82.04.280,
12   82.04.294, 82.04.297, 82.04.324, 82.04.385, 82.04.4265, 82.04.540,
13   82.04.293,    82.04.4328,     82.04.431,    82.08.0209,    82.08.02807,
14   82.08.0531, 82.08.052, 82.08.0291, 82.08.0311, 82.08.207, 82.08.806,
15   82.08.820, 82.08.830, 82.08.965, 82.08.9651, 82.08.970, 82.08.990,
16   82.12.02749,    82.12.0311,     82.12.970,   82.14B.061,    82.16.0496,
17   82.16.100, 82.16.325, 82.19.050, 82.29A.137, 82.32.030, 82.32.450,
18   82.32.534, 82.32.537, 82.32.670, 82.32.710, 82.32.790, 82.45.195,
19   84.36.645, 84.36.655, 88.46.010, and 90.56.010; reenacting and
20   amending RCW 82.04.299, 43.79.195, 82.04.050, 82.04.170, 82.04.190,
21   and 88.40.011; adding new sections to chapter 82.04 RCW; adding a new
22   section to chapter 82.08 RCW; creating new sections; repealing RCW
23   43.365.050, 82.04.212, 82.04.220, 82.04.230, 82.04.240, 82.04.250,
                                      p. 1                              SB 5482
 1   82.04.255, 82.04.257, 82.04.258, 82.04.260, 82.04.2602, 82.04.263,
 2   82.04.270,   82.04.272,    82.04.29001,   82.04.29002,   82.04.29005,
 3   82.04.2905,    82.04.2906,   82.04.2907,    82.04.2908,   82.04.2909,
 4   82.04.298, 82.04.301, 82.04.315, 82.04.317, 82.04.321, 82.04.326,
 5   82.04.327, 82.04.330, 82.04.331, 82.04.332, 82.04.333, 82.04.334,
 6   82.04.335, 82.04.337, 82.04.338, 82.04.339, 82.04.3395, 82.04.355,
 7   82.04.363, 82.04.367, 82.04.368, 82.04.370, 82.04.392, 82.04.399,
 8   82.04.410, 82.04.415, 82.04.418, 82.04.4201, 82.04.421, 82.04.422,
 9   82.04.423, 82.04.425, 82.04.4251, 82.04.426, 82.04.4261, 82.04.4262,
10   82.04.4263,    82.04.4264,    82.04.4266,   82.04.4267,   82.04.4268,
11   82.04.4269,    82.04.427,    82.04.4271,    82.04.4272,   82.04.4274,
12   82.04.4275,    82.04.4281,    82.04.4287,   82.04.4289,   82.04.4290,
13   82.04.4291,    82.04.4292,    82.04.4294,   82.04.4295,   82.04.4296,
14   82.04.4297, 82.04.4298, 82.04.4311, 82.04.432, 82.04.4327, 82.04.433,
15   82.04.4331,   82.04.4332,   82.04.4337,     82.04.43391,  82.04.43392,
16   82.04.43393,   82.04.43395,    82.04.43396,    82.04.434,  82.04.4451,
17   82.04.44525,    82.04.4461,     82.04.4463,    82.04.447,   82.04.448,
18   82.04.4481,    82.04.4482,    82.04.4486,     82.04.4489,   82.04.449,
19   82.04.4496, 82.04.4498, 82.04.460, 82.04.462, 82.04.520, 82.04.545,
20   82.04.600, 82.04.601, 82.04.610, 82.04.620, 82.04.627, 82.04.628,
21   82.04.635, 82.04.640, 82.04.645, 82.04.650, 82.04.660, 82.04.750,
22   82.04.755, 82.04.756, 82.04.758, 82.04.765, 82.04.770, 82.04.775,
23   82.04.900, and 82.32.533; providing an effective date; providing a
24   contingent effective date; providing an expiration date; and
25   providing contingent expiration dates.


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

27                                  PART I
28                                  INTENT


29       NEW SECTION.    Sec. 101.   (1) The legislature finds that the
30   state's business and occupation tax, as a gross receipts tax, imposes
31   significant hardships on new businesses, small businesses, and
32   unprofitable and low profit-margin businesses. The legislature
33   further finds that the piecemeal enactment of countless tax
34   preferences to ameliorate these hardships has led to an exceedingly
35   complex tax. The legislature intends to address these issues and
36   improve   Washington's  economy  by   converting  the   business  and
37   occupation tax into a modified gross receipts tax to be known as the
                                     p. 2                           SB 5482
 1   margin tax. Like the business and occupation tax, the margin tax is
 2   imposed upon virtually all business activities carried on within the
 3   state, other than those specifically exempt under the constitutions
 4   or laws of this state or of the United States.
 5       (2) The legislature recognizes that this proposal, if passed,
 6   would reduce the amount distributed to tribes who have entered into
 7   compacts under chapter 132, Laws of 2020, as they are currently
 8   receiving 100 percent of business and occupation tax from retail
 9   sales taxable transactions sourced to a compacting tribe's compact
10   covered area. With the passage of this act, it is not the intent of
11   the legislature to reduce compacting tribes' benefits under tax
12   revenue-sharing compacts. It is the intent of the legislature for the
13   department of revenue to fulfill its compact obligations to discuss
14   any changes in the compact or authorizing acts that may be
15   appropriate to preserve the intended benefits of each compact.
16       (3) The legislature also recognizes that the federal permanent
17   internet tax freedom act generally prohibits state and local
18   governments from imposing a tax on internet access but expressly
19   excludes certain taxes from this prohibition, including Washington's
20   business and occupation tax. The legislature does not intend by this
21   act to exempt internet access from any tax imposed in this act.
22   Therefore, the legislature intends for the taxes imposed in this act
23   to be considered a modification of the business and occupation tax.


24                                 PART II
25                                MARGIN TAX


26       NEW SECTION. Sec. 201. A new section is added to chapter 82.04
27   RCW to be codified between RCW 82.04.010 and 82.04.020 to read as
28   follows:
29       DEFINITIONS. The definitions in this section apply throughout
30   this chapter unless the context clearly requires otherwise.
31       (1)(a) "Affiliate" and a person that is "affiliated" mean a
32   person   that,  directly   or   indirectly,   through  one  or   more
33   intermediaries, controls, is controlled by, or is under common
34   control with another person.
35       (b) For purposes of this subsection (1), "control" means the
36   possession, directly or indirectly, of more than 50 percent of the
37   power to direct or cause the direction of the management and policies


                                     p. 3                          SB 5482
 1   of a person, whether through the ownership of voting shares, by
 2   contract, or otherwise.
 3       (2) "Affiliated group" means a group of two or more persons that
 4   are affiliated with each other.
 5       (3)(a) "Combined group" means a group of persons that are part of
 6   an affiliated group engaged in a unitary business, not including
 7   affiliates excluded from a combined group as authorized under section
 8   209(6) of this act.
 9       (b) For purposes of this subsection (3), "unitary business" means
10   a business enterprise in which there exists directly or indirectly
11   between the members or parts of the enterprise a sharing or exchange
12   of value as demonstrated by:
13       (i) Centralized management or a common executive force;
14       (ii) Centralized administrative services or functions resulting
15   in economies of scale;
16       (iii) Flow of goods, capital resources, or services demonstrating
17   functional integration; and
18       (iv) Any other factors the department considers relevant.
19       (4) "Compensation" means medicare wages properly reportable on
20   box 5 of internal revenue service form W-2 based on federal law as it
21   existed on the effective date of this section or a subsequent date as
22   may be provided by the department by rule, and paid by a taxpayer to
23   an individual for services rendered as an employee of the taxpayer.
24       (5) "Cost inputs" means a taxpayer's cost of producing or
25   acquiring goods sold by the taxpayer, or producing goods for
26   commercial or industrial use, during the tax year as determined in
27   section 204 of this act.
28       (6) "Employee" means any individual who, under the usual common
29   law   rules   applicable    in   determining   the   employer-employee
30   relationship, has the status of an employee. "Employee" also includes
31   those persons that are defined as an employee in section 3121(d) of
32   the internal revenue code.
33       (7)(a) "Goods" means tangible personal property or real property
34   improvements, including agricultural products grown, raised, or
35   produced by the seller; digital products; digital codes; and
36   prewritten computer software.
37       (b) For purposes of determining cost inputs under this subsection
38   (7), "produced" means to construct, build, install, manufacture,
39   develop, improve, create, raise, or grow the property.


                                     p. 4                          SB 5482
 1       (8) "Internal revenue code" means the internal revenue code of
 2   1986, as it existed on the effective date of this section or a
 3   subsequent date as may be provided by the department by rule.
 4       (9) "Product" has the same meaning as in RCW 82.32.023.
 5       (10) "Taxable margin" is the measure of the margin tax imposed
 6   under section 202 of this act: (a) After all applicable deductions
 7   have been subtracted from the gross income of the business or the
 8   value of products manufactured or extracted in this state; and (b)
 9   after apportionment or allocation to this state as provided in
10   sections 207 and 208 of this act.
11       (11) "Taxpayer" means a person or combined group subject to tax
12   under this chapter.
13       (12) "Worldwide gross income of the business" means income
14   originating from any location globally, less any income that is
15   excluded as a result of an election under section 209(6) of this act
16   for foreign affiliates not engaging in business in Washington.


17       NEW SECTION. Sec. 202. A new section is added to chapter 82.04
18   RCW to be codified between RCW 82.04.217 and 82.04.2403 to read as
19   follows:
20       TAX IMPOSED—RATES—COMPUTATION OF TAX. (1) For the act or
21   privilege of engaging within this state in business, a tax is imposed
22   on each taxpayer that has a substantial nexus with Washington under
23   RCW 82.04.067, including taxpayers subject to tax under subsection
24   (2) of this section.
25       (2)(a) For the act or privilege of engaging within this state in
26   business, a tax is imposed on each taxpayer engaging within this
27   state in business as a manufacturer.
28       (b) For the act or privilege of engaging within this state in
29   business, a tax is imposed on each taxpayer engaging within this
30   state in business as an extractor.
31       (c) Taxpayers engaging in business both as a manufacturer and
32   extractor are subject to the taxes imposed under this subsection (2)
33   on both business activities.
34       (d) The taxes imposed in this subsection (2) are in addition to
35   the tax imposed in subsection (1) of this section.
36       (3) Credits are provided in section 302 of this act to ensure
37   that a taxpayer's taxable margin is taxed only once with respect to a
38   product that is both produced and sold by the taxpayer.


                                     p. 5                             SB 5482
1        (4) The taxes imposed under this section are computed by
2    multiplying a taxpayer's taxable margin by 3.1966 percent.
3        (5) The tax imposed in this section may be referred to as the
4    margin tax or Washington margin tax.


 5       NEW SECTION. Sec. 203. A new section is added to chapter 82.04
 6   RCW to read as follows:
 7       DETERMINATION OF TAXABLE MARGIN. (1) For purposes of the tax
 8   imposed under section 202(1) of this act, a taxpayer must calculate
 9   its taxable margin by selecting one of the following options to
10   deduct from its worldwide gross income of the business:
11       (a) Worldwide gross income of the business earned during the tax
12   year multiplied by 30 percent;
13       (b) The standard deduction, which is $1,000,000 for the tax year
14   beginning January 1, 2027, and is adjusted for subsequent tax years
15   as provided by section 206 of this act;
16       (c) Cost inputs, as determined under section 204 of this act; or
17       (d) Compensation, as determined under section 205 of this act.
18       (2) For purposes of the taxes imposed under section 202(2) of
19   this act, a taxpayer must calculate its taxable margin by selecting
20   one of the following options to deduct from its value of products,
21   including byproducts, manufactured or extracted in Washington for
22   sale or for commercial or industrial use:
23       (a) Value of products manufactured or extracted in Washington
24   during the tax year multiplied by 30 percent;
25       (b) The standard deduction, which is $1,000,000 for the tax year
26   beginning January 1, 2027, and is adjusted for subsequent tax years
27   as provided by section 206 of this act; or
28       (c) Cost inputs for the products manufactured or extracted in
29   Washington during the tax year, as determined under section 204 of
30   this act.
31       (3) Taxpayers must apportion or allocate their taxable margin to
32   this state as provided by sections 207 and 208 of this act.
33       (4) The taxable margin of a taxpayer cannot be less than zero.
34       (5) Payments made between members of a combined group taxpayer
35   may be deducted under subsection (1) or (2) of this section, provided
36   those amounts were included in the taxpayer's gross income of the
37   business or value of products.
38       (6) A taxpayer may elect to claim any one of the deductions under
39   subsection (1) or (2) of this section for a tax year. However, once a
                                     p. 6                          SB 5482
 1   taxpayer has made its election by filing a tax return or otherwise
 2   notifying the department in writing of its election, it cannot later
 3   change its election for the tax year. The taxpayer may change its
 4   deduction election for subsequent tax years.
 5       (7) Amounts deducted from either gross income of the business or
 6   the value of products under any other section of this chapter cannot
 7   also be deducted from gross income of the business or value of
 8   products as compensation or cost input under this chapter, except as
 9   provided in RCW 82.04.767.
10       (8) In calculating a taxpayer's taxable margin during an audit
11   for a tax year for which the taxpayer failed to file a tax return,
12   the department must use the deduction under this section that appears
13   to the department to be the most advantageous to the taxpayer.


14       NEW SECTION. Sec. 204. A new section is added to chapter 82.04
15   RCW to read as follows:
16       DETERMINATION OF COST OF INPUTS. (1) A taxpayer that elects to
17   deduct its cost inputs for the purpose of computing its taxable
18   margin under section 203 of this act must determine the amount of the
19   cost inputs as provided by this section.
20       (2)(a) The cost inputs deductible under section 203 of this act
21   are the cost of goods sold properly reportable for federal income tax
22   purposes. The department need not accept the cost of goods sold
23   reported on the taxpayer's federal income tax return if the
24   department determines that such amount is in error.
25       (b) For taxpayers that would be able to report cost of goods sold
26   for federal income tax purposes if they were subject to federal
27   income tax, the cost inputs deductible under section 203 of this act
28   are the cost of goods sold that would be properly reportable for
29   federal income tax purposes if the taxpayer were subject to federal
30   income tax.
31       (c) For purposes of the tax imposed under section 202(2) of this
32   act, cost inputs are limited to the costs of goods sold for products
33   manufactured or extracted in Washington, whether for sale or for
34   commercial or industrial use.
35       (3) A combined group that elects to subtract cost of goods sold
36   must determine that amount by:
37       (a) Determining the cost of goods sold for each of its members as
38   provided by this section as if each member were an individual taxable
39   entity; and
                                     p. 7                          SB 5482
 1       (b) Adding the amounts determined under (a) of this subsection
 2   (3).


 3       NEW SECTION. Sec. 205. A new section is added to chapter 82.04
 4   RCW to read as follows:
 5       DETERMINATION OF COMPENSATION. (1) A taxpayer that elects to
 6   deduct compensation to determine taxable margin under section 203 of
 7   this act may deduct an amount equal to:
 8       (a) The total amount of compensation paid to the taxpayer's
 9   employees during the tax year, less any amount of compensation in
10   excess of the compensation cap in (b) of this subsection (1).
11       (b) For purposes of this subsection (1), the compensation cap
12   applies on a per-employee basis and is $400,000 per employee for the
13   tax year beginning January 1, 2027. The compensation cap is adjusted
14   for subsequent tax years as provided by section 206 of this act.
15       (2) If an employee receives compensation from more than one
16   member of a combined group, the combined group may not deduct in
17   relation to that employee a total of more than the compensation cap.
18       (3) A combined group that elects to deduct compensation must
19   determine the amount of the deduction by:
20       (a) Determining the compensation for each of its members as
21   provided by this section as if each member were an individual taxable
22   entity, subject to the limitations prescribed by subsections (1) and
23   (2) of this section; and
24       (b) Adding the amounts determined under (a) of this subsection
25   (3).


26       NEW SECTION. Sec. 206. A new section is added to chapter 82.04
27   RCW to read as follows:
28       INFLATION ADJUSTMENTS. (1) Effective for tax years beginning
29   January 1, 2029, and every two years thereafter, the department must
30   adjust the standard deduction and compensation deduction cap as
31   prescribed by sections 203 and 205 of this act respectively. The
32   adjustment is calculated by multiplying the previous standard
33   deduction and compensation deduction cap by the sum of one plus the
34   percentage increase in the consumer price index during the preceding
35   state fiscal biennium, rounded to the nearest $10,000. If the
36   consumer price index decreased during the preceding state fiscal
37   biennium, the department shall not adjust the standard deduction and
38   compensation cap deduction.
                                     p. 8                          SB 5482
1        (2) The department must publish the updated standard deduction
2    and compensation deduction cap on its website.
3        (3) For purposes of this section, "consumer price index" means
4    the seasonally adjusted consumer price index for all urban consumers
5    (CPI-U), United States city average, as most recently published by
6    November 20th by the United States bureau of labor statistics or its
7    successor agency.

 8       NEW SECTION. Sec. 207. A new section is added to chapter 82.04
 9   RCW to read as follows:
10       APPORTIONMENT AND ALLOCATION OF TAXABLE MARGIN AND GROSS INCOME
11   OF THE BUSINESS. (1) For purposes of determining the proper amount of
12   any tax due under this chapter, taxable margin, value of products,
13   and gross income of the business, including gross proceeds of sales,
14   are allocated and apportioned as provided in this section.
15       (2) Except for taxable margin and gross income of the business
16   allocated under the provisions of subsection (4) or (5) of this
17   section, taxable margin and gross income of the business are
18   apportioned to this state by multiplying the taxable margin or gross
19   income of the business by a fraction, as follows:
20       (a) The numerator of the fraction is the taxpayer's gross income
21   of the business attributed to Washington as provided in section 208
22   of this act;
23       (b) The denominator of the fraction is the worldwide gross income
24   of the business.
25       (3) A taxpayer that is required to file returns as a combined
26   group must include in the numerator computed under subsection (2)(a)
27   of this section the gross income of the business from engaging in
28   business in Washington of each affiliate that is a member of the
29   combined group, without regard to whether that entity has a
30   substantial nexus with this state for the purpose of the taxes
31   imposed in this chapter.
32       (4)(a) Except as otherwise provided in (b) of this subsection
33   (4), in the case of manufacturing, extracting, processing for hire,
34   extracting for hire, and selling standing timber, where a business is
35   subject to tax under section 202(2) of this act or RCW 82.04.261, the
36   taxable margin, value of products, and gross income of the business
37   from those activities conducted in this state is allocated to this
38   state in its entirety.


                                     p. 9                          SB 5482
 1       (b) Where the manufacturing of a product occurs partly within and
 2   outside of this state, the taxpayer must attribute the portion of the
 3   measure of tax that reasonably reflects the extent of the
 4   manufacturing activity that occurred within this state.
 5       (5) In the case of the surcharge imposed in RCW 82.04.261 on
 6   wholesale sales, the gross proceeds of sales are allocated to this
 7   state in the same manner as retail sales are sourced to this state
 8   under RCW 82.32.730 for retail sales tax purposes.

 9       NEW SECTION. Sec. 208. A new section is added to chapter 82.04
10   RCW to read as follows:
11       ATTRIBUTING INCOME FOR APPORTIONMENT PURPOSES. (1) Except as
12   otherwise provided in subsection (4)(d) of this section, gross income
13   of the business is attributable to Washington as provided in this
14   section.
15       (2) In the case of gross income of the business from the retail
16   sale or wholesale sale of any product, the gross income of the
17   business is attributed to this state if the sale is sourced to this
18   state under RCW 82.32.730 for purposes of the retail sales tax or
19   would be sourced to this state under that statute if the retail sales
20   tax imposed in chapter 82.08 RCW applied to that sale.
21       (3) In the case of gross income of the business from the granting
22   of a right to use, enter, or enjoy real property, the gross income of
23   the business is attributed to this state if the real property is
24   located in this state. If the real property is located in this and
25   any other state, the gross income of the business must be attributed
26   to this state in proportion to the area of the real property located
27   in this state relative to the total area of the real property both
28   within and outside of this state.
29       (4)(a) In the case of gross income of the business from services
30   or from royalties for the use of the taxpayer's intangible property,
31   other than activities described in subsections (2) and (3) of this
32   section, the gross income of the business is attributed to this state
33   if the customer received the benefit of the taxpayer's service or, in
34   the case of gross income from royalties, the customer used the
35   taxpayer's intangible property, in this state. When a customer
36   receives the benefit of the taxpayer's services or uses the
37   taxpayer's intangible property in this and one or more other states,
38   the taxpayer must attribute to this state a portion of gross income
39   of the business that reasonably reflects the extent to which the
                                     p. 10                         SB 5482
 1   customer received the benefit of the taxpayer's services or used the
 2   taxpayer's intangible property in this state.
 3       (b) In the case of gross income of the business generated from
 4   activities other than those described in (a) of this subsection (4)
 5   and subsections (2) and (3) of this section, gross income of the
 6   business is attributed to this state to the extent that the gross
 7   income of the business fairly represents those business activities of
 8   the taxpayer conducted in this state.
 9       (c) For purposes of this section, gross income of the business
10   must be excluded from the denominator of the receipts factor if, in
11   respect to such gross income of the business, at least some of the
12   activity that generated that income is performed in this state, and
13   the gross income of the business would be attributable to a state in
14   which the taxpayer is not taxable if that state's business activity
15   tax laws were identical to the provisions of this chapter.
16       (d) (a) through (c) of this subsection (4) do not apply to
17   financial institutions. For gross income of the business that would
18   otherwise be attributed as provided in this subsection (4), financial
19   institutions must calculate the receipts factor as provided in a rule
20   that the department must adopt. The rule required under this
21   subsection (4)(d) must, to the extent feasible, be consistent with
22   the   multistate  tax   commission's  recommended   formula  for  the
23   apportionment and allocation of net income of financial institutions
24   as it existed on the effective date of this section or a subsequent
25   date as may be provided by the department by rule, consistent with
26   the purposes of this section, except that:
27       (i) The department's rule must provide for a single factor
28   apportionment method based on the receipts factor; and
29       (ii) The definition of "financial institution" contained in
30   appendix A to the multistate tax commission's recommended formula for
31   the apportionment and allocation of net income of financial
32   institutions is advisory only.
33       (5) For purposes of this section, the definitions in this
34   subsection apply.
35       (a) "Business activities tax" means a tax measured by the amount
36   of, or economic results of, business activity conducted in a state.
37   "Business activities tax" includes taxes measured in whole or in part
38   on net income or gross income or receipts, including taxes similar to
39   the margin tax imposed in this chapter. "Business activities tax"
40   does not include a sales tax, use tax, or a similar transaction tax,
                                     p. 11                         SB 5482
 1   imposed on the sale or acquisition of goods or services, whether or
 2   not denominated a gross receipts tax or a tax imposed on the
 3   privilege of doing business.
 4       (b) "Customer" means a person or entity to whom the taxpayer
 5   makes a sale, renders services, or who pays royalties or charges in
 6   the nature of royalties for the use of the taxpayer's intangible
 7   property.
 8       (c) "Not taxable" means that the taxpayer is not subject to a
 9   business activities tax by that state, except that a taxpayer is
10   taxable in a state in which it would be deemed to have a substantial
11   nexus with that state under the standards in RCW 82.04.067 regardless
12   of whether that state imposes such a tax.
13       (d) "State" means a state of the United States, the District of
14   Columbia, the Commonwealth of Puerto Rico, any territory or
15   possession of the United States, or any foreign country or political
16   subdivision of a foreign country.


17       NEW SECTION. Sec. 209.   A new section is added to chapter 82.04
18   RCW to read as follows:
19       AFFILIATED GROUP—COMBINED REPORTING—JOINT AND SEVERAL LIABILITY.
20   (1) A combined group must register with the department, file, and pay
21   the taxes imposed in this chapter as a single taxpayer.
22       (2) The combined group must designate a single member as the
23   reporting entity to register, file, and pay taxes on behalf of the
24   combined group. The combined group may change the reporting entity
25   only when the entity no longer has substantial nexus with this state
26   under RCW 82.04.067, is no longer a member of the combined group, or
27   as otherwise permitted or required by the department, at which time
28   the combined group must designate another entity as the reporting
29   entity.
30       (3) The department may collect identifying information about all
31   members of a combined group and may require disclosure to the
32   department, for each member, of the business activity inside and
33   outside of this state.
34       (4) Each affiliate that is part of a combined group must, for
35   purposes of determining taxable margin and apportioned taxable
36   margin, include its activities for the same tax period as the
37   combined group.
38       (5) Each affiliate that is part of a combined group is jointly
39   and severally liable for the taxes owed by the combined group.
                                     p. 12                         SB 5482
 1       (6) A combined group includes all of its affiliated members,
 2   including those that do not have a substantial nexus with this state
 3   under RCW 82.04.067. However, a combined group may elect to exclude
 4   foreign members from the combined group that have not engaged within
 5   this state in business during the tax year. The department may by
 6   rule adopt policies and procedures for elections made under this
 7   subsection.

 8       NEW SECTION. Sec. 210. A new section is added to chapter 82.04
 9   RCW to read as follows:
10       COMBINED GROUP TAXPAYER IS DEEMED TO BE ENGAGED IN THE BUSINESS
11   OF ITS AFFILIATES. For any taxpayer that is a combined group, the
12   taxpayer is subject to any tax imposed in this chapter expressly on a
13   taxpayer engaging in a specific business activity, including the
14   taxes imposed in section 202(2) of this act and RCW 82.04.261 through
15   82.04.299, if any member of the taxpayer's combined group engages in
16   the specific business activity within this state.


17       NEW SECTION. Sec. 211. A new section is added to chapter 82.04
18   RCW to read as follows:
19       EASY COMPUTATION AND RATE. (1) Notwithstanding any other
20   provision of this chapter, a taxpayer who is subject to the margin
21   tax under section 202(1) of this act and whose gross income of the
22   business for the tax year from its entire business is not more than
23   $5,000,000 may elect to pay the tax imposed under section 202(1) of
24   this act in the amount computed and at the rate provided by this
25   section rather than in the amount computed and at the tax rate
26   provided under section 202 of this act.
27       (2) The amount of the tax due under the method authorized in this
28   section is computed by:
29       (a) Determining the taxpayer's gross income of the business from
30   all activities subject to tax under section 202(1) of this act;
31       (b) Apportioning the amount determined under (a) of this
32   subsection (2) as provided by sections 207 and 208 of this act; and
33       (c) Multiplying the amount computed under (b) of this subsection
34   (2) by 1.75 percent.
35       (3) A taxpayer that elects to pay the tax as provided by this
36   section may not claim any deduction provided for in section 203 of
37   this act.


                                     p. 13                         SB 5482
 1       (4) The option for taxpayers to apply the tax rate under this
 2   section does not apply to taxpayers engaged in the business of air
 3   commerce or air transportation as defined in 49 U.S.C. Sec. 40102 as
 4   it existed on the effective date of this section, or a subsequent
 5   date as may be provided by the department by rule, consistent with
 6   the purposes of this section.

 7       Sec. 212. RCW 34.05.328 and 2019 c 8 s 405 are each amended to
 8   read as follows:
 9       (1) Before adopting a rule described in subsection (5) of this
10   section, an agency must:
11       (a) Clearly state in detail the general goals and specific
12   objectives of the statute that the rule implements;
13       (b) Determine that the rule is needed to achieve the general
14   goals and specific objectives stated under (a) of this subsection,
15   and analyze alternatives to rule making and the consequences of not
16   adopting the rule;
17       (c) Provide notification in the notice of proposed rule making
18   under RCW 34.05.320 that a preliminary cost-benefit analysis is
19   available. The preliminary cost-benefit analysis must fulfill the
20   requirements of the cost-benefit analysis under (d) of this
21   subsection. If the agency files a supplemental notice under RCW
22   34.05.340, the supplemental notice must include notification that a
23   revised preliminary cost-benefit analysis is available. A final cost-
24   benefit analysis must be available when the rule is adopted under RCW
25   34.05.360;
26       (d) Determine that the probable benefits of the rule are greater
27   than its probable costs, taking into account both the qualitative and
28   quantitative benefits and costs and the specific directives of the
29   statute being implemented;
30       (e) Determine, after considering alternative versions of the rule
31   and the analysis required under (b), (c), and (d) of this subsection,
32   that the rule being adopted is the least burdensome alternative for
33   those required to comply with it that will achieve the general goals
34   and specific objectives stated under (a) of this subsection;
35       (f) Determine that the rule does not require those to whom it
36   applies to take an action that violates requirements of another
37   federal or state law;



                                     p. 14                         SB 5482
 1       (g) Determine that the rule does not impose more stringent
 2   performance requirements on private entities than on public entities
 3   unless required to do so by federal or state law;
 4       (h) Determine if the rule differs from any federal regulation or
 5   statute applicable to the same activity or subject matter and, if so,
 6   determine that the difference is justified by the following:
 7       (i) A state statute that explicitly allows the agency to differ
 8   from federal standards; or
 9       (ii) Substantial evidence that the difference is necessary to
10   achieve the general goals and specific objectives stated under (a) of
11   this subsection; and
12       (i) Coordinate the rule, to the maximum extent practicable, with
13   other federal, state, and local laws applicable to the same activity
14   or subject matter.
15       (2) In making its determinations pursuant to subsection (1)(b)
16   through (h) of this section, the agency must place in the rule-making
17   file documentation of sufficient quantity and quality so as to
18   persuade a reasonable person that the determinations are justified.
19       (3) Before adopting rules described in subsection (5) of this
20   section, an agency must place in the rule-making file a rule
21   implementation plan for rules filed under each adopting order. The
22   plan must describe how the agency intends to:
23       (a) Implement and enforce the rule, including a description of
24   the resources the agency intends to use;
25       (b) Inform and educate affected persons about the rule;
26       (c) Promote and assist voluntary compliance; and
27       (d) Evaluate whether the rule achieves the purpose for which it
28   was adopted, including, to the maximum extent practicable, the use of
29   interim milestones to assess progress and the use of objectively
30   measurable outcomes.
31       (4) After adopting a rule described in subsection (5) of this
32   section regulating the same activity or subject matter as another
33   provision of federal or state law, an agency must do all of the
34   following:
35       (a) Coordinate implementation and enforcement of the rule with
36   the other federal and state entities regulating the same activity or
37   subject matter by making every effort to do one or more of the
38   following:
39       (i) Deferring to the other entity;
40       (ii) Designating a lead agency; or
                                     p. 15                         SB 5482
 1       (iii) Entering into an agreement with the other entities
 2   specifying how the agency and entities will coordinate implementation
 3   and enforcement.
 4       If the agency is unable to comply with this subsection (4)(a),
 5   the agency must report to the legislature pursuant to (b) of this
 6   subsection;
 7       (b) Report to the joint administrative rules review committee:
 8       (i) The existence of any overlap or duplication of other federal
 9   or state laws, any differences from federal law, and any known
10   overlap, duplication, or conflict with local laws; and
11       (ii) Make recommendations for any legislation that may be
12   necessary to eliminate or mitigate any adverse effects of such
13   overlap, duplication, or difference.
14       (5)(a) Except as provided in (b) of this subsection, this section
15   applies to:
16       (i) Significant legislative rules of the departments of ecology,
17   labor and industries, health, revenue, social and health services,
18   and natural resources, the employment security department, the forest
19   practices board, the office of the insurance commissioner, the state
20   building code council, and to the legislative rules of the department
21   of fish and wildlife implementing chapter 77.55 RCW; and
22       (ii) Any rule of any agency, if this section is voluntarily made
23   applicable to the rule by the agency, or is made applicable to the
24   rule by a majority vote of the joint administrative rules review
25   committee within forty-five days of receiving the notice of proposed
26   rule making under RCW 34.05.320.
27       (b) This section does not apply to:
28       (i) Emergency rules adopted under RCW 34.05.350;
29       (ii) Rules relating only to internal governmental operations that
30   are not subject to violation by a nongovernment party;
31       (iii) Rules adopting or incorporating by reference without
32   material change federal statutes or regulations, Washington state
33   statutes, rules of other Washington state agencies, shoreline master
34   programs other than those programs governing shorelines of statewide
35   significance, or, as referenced by Washington state law, national
36   consensus codes that generally establish industry standards, if the
37   material adopted or incorporated regulates the same subject matter
38   and conduct as the adopting or incorporating rule;



                                     p. 16                         SB 5482
 1       (iv) Rules that only correct typographical errors, make address
 2   or name changes, or clarify language of a rule without changing its
 3   effect;
 4       (v) Rules the content of which is explicitly and specifically
 5   dictated by statute, including any rules of the department of revenue
 6   adopted under the authority of RCW 82.32.762(3);
 7       (vi) Rules that set or adjust fees under the authority of RCW
 8   19.02.075 or that set or adjust fees or rates pursuant to legislative
 9   standards, including fees set or adjusted under the authority of RCW
10   19.80.045;
11       (vii) Rules of the department of social and health services
12   relating only to client medical or financial eligibility and rules
13   concerning liability for care of dependents; ((or))
14       (viii) Rules of the department of revenue that adopt a uniform
15   expiration date for reseller permits as authorized in RCW 82.32.780
16   and 82.32.783; or
17       (ix) Rules of the department of revenue that adopt policies or
18   procedures for taxpayers making an election under section 209(6) of
19   this act.
20       (c) For purposes of this subsection:
21       (i) A "procedural rule" is a rule that adopts, amends, or repeals
22   (A) any procedure, practice, or requirement relating to any agency
23   hearings; (B) any filing or related process requirement for making
24   application to an agency for a license or permit; or (C) any policy
25   statement pertaining to the consistent internal operations of an
26   agency.
27       (ii) An "interpretive rule" is a rule, the violation of which
28   does not subject a person to a penalty or sanction, that sets forth
29   the agency's interpretation of statutory provisions it administers.
30       (iii) A "significant legislative rule" is a rule other than a
31   procedural   or   interpretive  rule  that   (A)  adopts   substantive
32   provisions of law pursuant to delegated legislative authority, the
33   violation of which subjects a violator of such rule to a penalty or
34   sanction; (B) establishes, alters, or revokes any qualification or
35   standard for the issuance, suspension, or revocation of a license or
36   permit; or (C) adopts a new, or makes significant amendments to, a
37   policy or regulatory program.
38       (d) In the notice of proposed rule making under RCW 34.05.320, an
39   agency must state whether this section applies to the proposed rule


                                     p. 17                         SB 5482
 1   pursuant to (a)(i) of this subsection, or if the agency will apply
 2   this section voluntarily.
 3       (6) By January 31, 1996, and by January 31st of each even-
 4   numbered year thereafter, the office of regulatory assistance, after
 5   consulting with state agencies, counties, and cities, and business,
 6   labor, and environmental organizations, must report to the governor
 7   and the legislature regarding the effects of this section on the
 8   regulatory system in this state. The report must document:
 9       (a) The rules proposed to which this section applied and to the
10   extent possible, how compliance with this section affected the
11   substance of the rule, if any, that the agency ultimately adopted;
12       (b) The costs incurred by state agencies in complying with this
13   section;
14       (c) Any legal action maintained based upon the alleged failure of
15   any agency to comply with this section, the costs to the state of
16   such action, and the result;
17       (d) The extent to which this section has adversely affected the
18   capacity of agencies to fulfill their legislatively prescribed
19   mission;
20       (e) The extent to which this section has improved the
21   acceptability of state rules to those regulated; and
22       (f) Any other information considered by the office of financial
23   management to be useful in evaluating the effect of this section.


24       Sec. 213. RCW 82.04.020 and 1975 1st ex.s. c 278 s 39 are each
25   amended to read as follows:
26       "Tax year" ((or "taxable year")) means ((either)) the calendar
27   year((, or the taxpayer's fiscal year when permission is obtained
28   from the department of revenue to use a fiscal year in lieu of the
29   calendar year)).


30       Sec. 214. RCW 82.04.066 and 2019 c 8 s 702 are each amended to
31   read as follows:
32       "Engaging within this state," ((and)) "engaging within the
33   state," ((when used in connection with any apportionable activity as
34   defined in RCW 82.04.460 or selling activity taxable under RCW
35   82.04.250(1), 82.04.257(1), 82.04.270, or other provision of this
36   chapter)) "conducted in this state," and similar terms mean((s)) that
37   a person generates gross income of the business from sources within
38   this state, such as customers or intangible property located in this
                                     p. 18                         SB 5482
1    state, regardless of whether the person is physically present in this
2    state.


 3       Sec. 215. RCW 82.04.067 and 2019 c 8 s 102 are each amended to
 4   read as follows:
 5       (1) A person engaging in business is deemed to have substantial
 6   nexus with this state if, in the current or immediately preceding
 7   calendar year, the person is:
 8       (a) An individual and is a resident or domiciliary of this state;
 9       (b) A business entity and is organized or commercially domiciled
10   in this state; or
11       (c) A nonresident individual or a business entity that is
12   organized or commercially domiciled outside this state, and the
13   person had:
14       (i) More than one hundred thousand dollars of cumulative gross
15   receipts from this state; or
16       (ii) Subject to the limitation in RCW 82.32.531, physical
17   presence in this state, which need only be demonstrably more than a
18   slightest presence. A person engaging within this state in business
19   as an extractor or manufacturer has physical presence in this state.
20       (2)(a) Cumulative gross receipts counting toward the threshold in
21   subsection (1)(c)(i) of this section include all of a person's gross
22   income of the business attributed to this state. For purposes of this
23   subsection, gross income of the business is attributed to this state
24   ((as follows:
25       (i) For apportionable income, all amounts included in the
26   numerator of the receipts factor under RCW 82.04.462 and, in the case
27   of financial institutions, all amounts included in the numerator of
28   the receipts factor under the rule adopted by the department as
29   authorized in RCW 82.04.460(2); and
30       (ii) For all other income, the gross income of the business
31   allocated to this state in accordance with the sourcing provisions of
32   RCW 82.32.730)) in the same manner as gross income of the business is
33   attributed to this state under section 208 of this act, and in the
34   case of financial institutions, as provided in the rule adopted by
35   the department as required under section 208 of this act.
36       (b) For a marketplace facilitator, cumulative gross receipts
37   counting toward the threshold in subsection (1)(c)(i) of this section
38   include, in addition to the gross proceeds of its own sales, the
39   cumulative gross proceeds from sales by all marketplace sellers
                                     p. 19                         SB 5482
 1   through   the   marketplace   facilitator's   marketplace,   including
 2   marketplace sellers that do not have a substantial nexus with this
 3   state under the provisions of this section.
 4       (3)(a) For purposes of subsection (1)(c)(ii) of this section, a
 5   person is physically present in this state if the person has property
 6   or employees in this state. A person has property in this state if
 7   the person owns or possesses property that is located in this state.
 8       (b) A person is also physically present in this state for the
 9   purposes of subsection (1)(c)(ii) of this section if the person,
10   either directly or through an agent or other representative, engages
11   in activities in this state that are significantly associated with
12   the person's ability to establish or maintain a market for its
13   products in this state.
14       (4) ((The definitions in this subsection apply throughout this
15   section unless the context clearly requires otherwise.
16       (a) "Apportionable income" has the same meaning as provided in
17   RCW 82.04.460.
18       (b) "Marketplace,")) A taxpayer that is a combined group has
19   substantial nexus with this state under this section if any member of
20   the combined group has substantial nexus with this state under this
21   section.
22       (5)(a) A taxpayer who establishes or reestablishes a substantial
23   nexus with this state after the first day of the current calendar
24   year under the provisions of this section is subject to the taxes,
25   including surcharges, imposed under this chapter for the current
26   calendar year only on business activity occurring on and after the
27   date that the taxpayer established or reestablished a substantial
28   nexus with this state in the current calendar year.
29       (b) The provisions of (a) of this subsection do not apply to a
30   taxpayer who met any of the criteria in subsection (1)(a) through (c)
31   of this section during the immediately preceding calendar year, and
32   the taxpayer is taxable under this chapter for the current calendar
33   year in its entirety.
34       (6) For purposes of this section, "marketplace," "marketplace
35   facilitator," and "marketplace seller" have the same meaning as
36   provided in RCW 82.08.010.
37       (((c) "Product" has the same meaning as provided in RCW
38   82.32.023.))



                                     p. 20                         SB 5482
 1       Sec. 216. RCW 82.04.080 and 2010 1st sp.s. c 23 s 109 are each
 2   amended to read as follows:
 3       (1) "Gross income of the business" means the value proceeding or
 4   accruing by reason of the transaction of the business engaged in and
 5   includes gross proceeds of sales, compensation for the rendition of
 6   services, gains realized from trading in stocks, bonds, or other
 7   evidences of indebtedness, interest, discount, rents, royalties,
 8   fees,   commissions,   dividends,  and   other   emoluments  however
 9   designated, all without any deduction on account of the cost of
10   tangible property sold, the cost of materials used, labor costs,
11   interest, discount, delivery costs, taxes, or any other expense
12   whatsoever paid or accrued and without any deduction on account of
13   losses.
14       (2) Financial institutions must determine gains realized from
15   trading in stocks, bonds, and other evidences of indebtedness on a
16   net annualized basis. For purposes of this subsection, a financial
17   institution means a person within the scope of the rule adopted by
18   the department under the authority of ((RCW 82.04.460(2))) section
19   208 of this act.
20       (3) With respect to the business of operating contests of chance,
21   "gross income of the business" does not include the monetary value or
22   actual cost of any prizes that are awarded, amounts paid to players
23   for winning wagers, accrual of prizes for progressive jackpot
24   contests, or repayment of amounts used to seed guaranteed progressive
25   jackpot prizes. The definitions in RCW 82.04.285 apply to this
26   subsection.
27       (4) "Gross income of the business" does not include the gross
28   proceeds of sales of precious metal bullion or monetized bullion.
29   However, "gross income of the business" of selling precious metal
30   bullion or monetized bullion includes the taxpayer's gain on such
31   sales and also amounts received as commissions upon transactions for
32   the accounts of customers over and above the amount paid to other
33   dealers associated in such transactions, but no deduction or offset
34   is allowed on account of salaries or commissions paid to salesmen or
35   other employees.
36       (5)(a) With respect to real estate commissions earned by a real
37   estate firm, "gross income of the business" is the gross commission
38   earned by the particular real estate firm, including that portion of
39   the commission paid to brokers, including designated and managing
40   brokers, in the same firm on a particular transaction. However, when
                                     p. 21                         SB 5482
 1   a real estate commission on a particular transaction is divided among
 2   real estate firms at the closing of the transaction, including a firm
 3   located out of state, each firm must include in its gross income of
 4   the business only its respective shares of said commission. Moreover,
 5   when the real estate firm has paid the tax as provided in this
 6   chapter, brokers, including designated and managing brokers, within
 7   the same real estate firm are not required to pay tax under this
 8   chapter upon the same transaction. If any firm located out of state
 9   receives a share of commission on a particular transaction and has a
10   substantial nexus with this state under RCW 82.04.067, that company
11   or broker is subject to the provisions of this chapter with respect
12   to the commission.
13       (b) For the purposes of this subsection (5), "broker,"
14   "designated broker," "managing broker," and "real estate firm" have
15   the same meanings as provided in RCW 18.85.011.
16       (6) With respect to amounts received from parimutuel wagering
17   taxed under RCW 82.04.286, "gross income of the business" does not
18   include amounts paid to players for winning wagers, or taxes imposed
19   or other distributions required under chapter 67.16 RCW.


20                                 PART III
21              EXEMPTIONS, CREDITS, AND ADDITIONAL DEDUCTIONS


22       NEW SECTION. Sec. 301. A new section is added to chapter 82.04
23   RCW to read as follows:
24       TEMPORARY CARRYOVER CREDITS. (1) In computing the taxes imposed
25   under this chapter, a taxpayer may claim unused business and
26   occupation tax credits through the earlier of the tax year beginning
27   January 1, 2031, or the tax year that includes the latest point in
28   time for which the credit could have been claimed by the taxpayer
29   under this chapter.
30       (2) A taxpayer that is a combined group may claim the unused
31   business and occupation tax credits of any member of the combined
32   group.
33       (3) The amount of credit claimed may not exceed the amount of tax
34   otherwise due under this chapter for the tax year for which the
35   credit is claimed. Unused credits may not be carried forward to tax
36   years beginning on or after January 1, 2032.
37       (4) For purposes of this section, "unused business and occupation
38   tax credit" means a credit against the tax imposed under this chapter
                                     p. 22                         SB 5482
 1   and earned but not claimed before the effective date of the repeal of
 2   the credit under section 701 of this act.
 3       (5) This section expires January 1, 2032.


4        NEW SECTION. Sec. 302.   A new section is added to chapter 82.04
5    RCW to read as follows:
 6       CREDIT—TAXPAYERS TAXABLE ON MULTIPLE ACTIVITIES. (1) Taxpayers
 7   subject to the margin tax imposed under section 202(2)(a) of this act
 8   for engaging in business within this state as a manufacturer are
 9   allowed a credit against that tax for any extracting taxes paid with
10   respect to extracting the ingredients of the products manufactured in
11   this state. The amount of the credit may not exceed the tax liability
12   arising under section 202(2)(a) of this act with respect to the
13   manufacturing of those products.
14       (2)(a) Taxpayers subject to the margin tax imposed under section
15   202(1) of this act with respect to selling products in this state are
16   allowed a credit against that tax for either or both of the
17   following:
18       (i)   Any  manufacturing   taxes   paid   with  respect  to   the
19   manufacturing of products sold in this state; and
20       (ii) Extracting taxes paid with respect to the extracting of
21   products sold in this state or ingredients of products so sold in
22   this state. Extracting taxes taken as a credit under subsection (1)
23   of this section may also be taken under this subsection (2)(a)(ii),
24   if otherwise allowable under this subsection (2)(a)(ii).
25       (b) The amount of credit under this subsection (2) may not exceed
26   the tax liability arising under section 202(1) of this act with
27   respect to the sales of products manufactured or extracted by the
28   seller. The department may require taxpayers claiming the credit
29   under this subsection (2) to report the amount of their margin tax
30   liability attributable to the sale in this state of products
31   manufactured or extracted by the taxpayer.
32       (3)(a) Persons taxable under section 202(2) of this act with
33   respect to extracting or manufacturing products in this state are
34   allowed a credit against those taxes for any:
35       (i) Margin taxes paid to another state with respect to the sales
36   of the products extracted or manufactured in this state;
37       (ii) Manufacturing taxes paid with respect to the manufacturing
38   of products using ingredients extracted in this state; or


                                     p. 23                         SB 5482
 1       (iii) Manufacturing taxes paid with respect to manufacturing
 2   activities completed in another state for products manufactured in
 3   this state.
 4       (b) The amount of the credit under this subsection (3) may not
 5   exceed the tax liability arising under section 202(2) of this act
 6   with respect to the extraction or manufacturing of products under (a)
 7   of this subsection (3).
 8       (4) No application is required to claim credits under this
 9   section. Unused credit under this section may not be carried forward
10   or backward and claimed for any tax reporting periods preceding or
11   following the tax reporting period for which the credit is earned.
12       (5) For purposes of this section, the definitions in this
13   subsection apply:
14       (a)(i) "Extracting tax" means a margin tax imposed expressly on
15   the act or privilege of engaging in business as an extractor, and
16   includes the tax imposed on extractors in section 202(2)(b) of this
17   act and similar margin taxes paid to other states.
18       (ii) For purposes of this subsection (5)(a), "similar margin
19   taxes" paid to other states does not include a margin tax as applied
20   to the sale of products extracted by the taxpayer.
21       (b)(i) "Manufacturing tax" means a margin tax imposed expressly
22   on the act or privilege of engaging in business as a manufacturer,
23   and includes the tax imposed under section 202(2)(a) of this act and
24   similar margin taxes paid to other states.
25       (ii) For purposes of this subsection (5)(b), "similar margin
26   taxes paid to other states" does not include a margin tax as applied
27   to the sale of products manufactured by the taxpayer.
28       (c) "Margin tax" means a tax that:
29       (i) Is imposed on or measured by a taxpayer's gross volume of
30   business, in terms of gross income, gross receipts, value of
31   products, or other terms, less a specified dollar amount that is at
32   least $500,000, or a specified percentage of 15 percent or more of
33   its gross income, or all or a significant portion of its labor costs,
34   cost of goods sold, or cost inputs;
35       (ii) Does not allow deductions or exclusions in calculating the
36   tax that would render the tax a net income tax or value added tax;
37   and
38       (iii) Is not, pursuant to law or custom, separately stated from
39   the sales price on any document of sale provided to the customer.
40       (d) "State" means:
                                     p. 24                         SB 5482
1        (i) The state of Washington;
2        (ii) A state of the United States other than Washington, or any
3    political subdivision of such other state;
4        (iii) The District of Columbia; and
5        (iv) Any foreign country or political subdivision thereof.
6        (e) "Taxpayer" has the same meaning as in section 201 of this act
7    and includes any member of its combined group that has paid a margin
8    tax to another state.

 9       Sec. 303. RCW 82.04.2403 and 1994 c 167 s 1 are each amended to
10   read as follows:
11       The tax imposed by ((RCW 82.04.240)) section 202(2)(a) of this
12   act does not apply to cleaning fish. "Cleaning fish" means the
13   removal of the head, fins, or viscera from fresh fish without further
14   processing, other than freezing.


15       Sec. 304. RCW 82.04.310 and 2021 c 226 s 2 are each amended to
16   read as follows:
17       (((1))) This chapter does not apply to ((any person in respect to
18   a)) business activity ((with respect to which tax liability is
19   specifically imposed under the provisions of)) taxable under chapter
20   82.16 RCW, including amounts derived from activities for which a
21   deduction   or   exemption  is  allowed   under   chapter  82.16  RCW
22   ((82.16.050)). ((The)) However, the exemption in this ((sub))section
23   does not apply to sales of natural gas, including compressed natural
24   gas and liquefied natural gas used or sold to manufacture
25   transportation fuel, and renewable natural gas, by a gas distribution
26   business, if such sales are exempt from the tax imposed under chapter
27   82.16 RCW as provided in RCW 82.16.310.
28       (((2) This chapter does not apply to amounts received by any
29   person for the sale of electrical energy for resale within or outside
30   the state.
31       (3)(a) This chapter does not apply to amounts received by any
32   person for the sale of natural or manufactured gas in a calendar year
33   if that person sells within the United States a total amount of
34   natural or manufactured gas in that calendar year that is no more
35   than twenty percent of the amount of natural or manufactured gas that
36   it consumes within the United States in the same calendar year.
37       (b) For purposes of determining whether a person has sold within
38   the United States a total amount of natural or manufactured gas in a
                                     p. 25                         SB 5482
 1   calendar year that is no more than twenty percent of the amount of
 2   natural or manufactured gas that it consumes within the United States
 3   in the same calendar year, the following transfers of gas are not
 4   considered to be the sale of natural or manufactured gas:
 5       (i) The transfer of any natural or manufactured gas as a result
 6   of the acquisition of another business, through merger or otherwise;
 7   or
 8       (ii) The transfer of any natural or manufactured gas accomplished
 9   solely to comply with federal regulatory requirements imposed on the
10   pipeline transportation of such gas when it is shipped by a third-
11   party manager of a person's pipeline transportation.
12       (4) Until January 1, 2031, this chapter does not apply to amounts
13   received by any person in the form of credits against power contracts
14   with the Bonneville power administration, or funds provided by the
15   Bonneville power administration, for the purpose of implementing
16   energy conservation programs or demand-side management programs, so
17   long as the amount that would otherwise be owed under this chapter is
18   used   for   purposes   of   low-income    ratepayer    assistance   or
19   weatherization.   The  funds   generated   for   low-income   ratepayer
20   assistance and weatherization under this subsection must be additive
21   to and not supplant any existing funds used by the utility for low-
22   income ratepayer assistance and weatherization.))


23       Sec. 305. RCW 82.04.311 and 2002 c 365 s 14 are each amended to
24   read as follows:
25       This chapter does not apply to ((income)) amounts received by the
26   tobacco settlement authority under chapter 43.340 RCW.

27       Sec. 306. RCW 82.04.320 and 2021 c 281 s 10 are each amended to
28   read as follows:
29       (1) Except as otherwise provided in this section, this chapter
30   does not apply to ((any person in respect to insurance business))
31   amounts upon which a tax based on gross premiums is paid to the state
32   under Title 48 RCW.
33       (2) The provisions of this section do not exempt any person
34   engaging in the business of representing any insurance company,
35   whether as general or local agent, or acting as broker for such
36   companies.
37       (3) The provisions of this section do not exempt any bonding
38   company from tax with respect to ((gross income derived)) taxable
                                      p. 26                         SB 5482
 1   margin generated from the completion of any contract as to which it
 2   is a surety, or as to any liability as successor to the liability of
 3   the defaulting contractor.
 4       (4) ((For purposes of this section, for periods preceding May 12,
 5   2021, eligible captive insurers as defined in RCW 48.201.020 are
 6   deemed, in respect to their insurance business, to have paid a tax on
 7   gross premiums to the state.
 8       (5))) Eligible captive insurers affiliated with a public
 9   institution of higher education that are exempt from paying a premium
10   tax under RCW 48.201.040 are exempt from the tax imposed by this
11   chapter in respect to their insurance business. For purposes of this
12   subsection (((5))) (4), the definitions in RCW 48.201.020 apply.

13       Sec. 307. RCW 82.04.322 and 1993 c 492 s 303 are each amended to
14   read as follows:
15       This chapter does not apply to amounts received by any health
16   maintenance   organization,   health care  service   contractor,  or
17   certified health plan in respect to premiums or prepayments that are
18   taxable under RCW 48.14.0201.


19       Sec. 308.   RCW 82.04.323 and 2022 c 73 s 1 are each amended to
20   read as follows:
21       ((The taxes imposed by this)) This chapter ((do)) does not apply
22   to amounts received by the Washington health benefit exchange
23   established under chapter 43.71 RCW.


24       Sec. 309. RCW 82.04.340 and 2000 c 103 s 6 are each amended to
25   read as follows:
26       This chapter ((shall)) does not apply to ((any person in respect
27   to)) amounts received from the business of conducting boxing contests
28   and sparring or wrestling matches and exhibitions for the conduct of
29   which a license must be secured from the department of licensing if
30   the fee for the license is based, in whole or in part, on the gross
31   receipts from the licensed activity.


32       Sec. 310. RCW 82.04.350 and 2005 c 369 s 7 are each amended to
33   read as follows:
34       Except as provided in RCW 82.04.286(1), this chapter ((shall))
35   does not apply to ((any person in respect to)) amounts received from
36   the business of conducting race meets for the conduct of which a
                                     p. 27                         SB 5482
1    license must be secured from the horse racing commission if the fee
2    for the license is based, in whole or in part, on the gross receipts
3    from the licensed activity.


 4       Sec. 311. RCW 82.04.360 and 2010 1st sp.s. c 23 s 702 are each
 5   amended to read as follows:
 6       (1) This chapter does not apply to any person in respect to ((his
 7   or her)) the persons employment in the capacity of an employee or
 8   servant as distinguished from that of an independent contractor.
 9   ((For the purposes of this section, the definition of employee
10   includes those persons that are defined in section 3121(d)(3)(B) of
11   the federal internal revenue code of 1986, as amended through January
12   1, 1991.))
13       (2) ((Until July 1, 2010, this chapter)) The exemption in
14   subsection (1) of this section does not apply to amounts received by
15   an individual from a corporation as compensation for serving as a
16   member of that corporation's board of directors. ((Beginning on July
17   1, 2010, such amounts are taxable under RCW 82.04.290(2).))
18       (3) A booth renter is an independent contractor for purposes of
19   this chapter. For purposes of this section, "booth renter" means any
20   person who:
21       (a) Performs cosmetology, barbering, esthetics, or manicuring
22   services for which a license is required under chapter 18.16 RCW; and
23       (b) Pays a fee for the use of salon or shop facilities and
24   receives no compensation or other consideration from the owner of the
25   salon or shop for the services performed.


26       Sec. 312.    RCW 82.04.380 and 1961 c 15 s 82.04.380 are each
27   amended to read as follows:
28       This chapter ((shall)) does not apply to ((the gross sales or the
29   gross   income  received   by))   corporations ((which   have  been))
30   incorporated under any act of the congress of the United States of
31   America and whose principal purposes are to furnish volunteer aid to
32   members of the armed forces of the United States and also to carry on
33   a system of national and international relief and to apply the same
34   in mitigating the sufferings caused by pestilence, famine, fire,
35   floods, and other national calamities and to devise and carry on
36   measures for preventing the same.



                                     p. 28                         SB 5482
1        Sec. 313.    RCW 82.04.390 and 1961 c 15 s 82.04.390 are each
2    amended to read as follows:
3        This chapter ((shall)) does not apply to ((gross proceeds
4    derived)) amounts received from the sale of real estate. This
5    ((however, shall not be construed to allow a deduction of amounts))
6    exemption does not apply to gross income of the business received as
7    commissions from the sale of real estate, nor as fees, handling
8    charges, discounts, interest or similar financial charges resulting
9    from, or relating to, real estate transactions.

10       Sec. 314. RCW 82.04.405 and 1998 c 311 s 4 are each amended to
11   read as follows:
12       This chapter ((shall)) does not apply to ((the gross income of))
13   amounts received by credit unions organized under the laws of this
14   state, any other state, or the United States.


15       Sec. 315. RCW 82.04.408 and 1983 c 161 s 25 are each amended to
16   read as follows:
17       This chapter does not apply to ((income)) amounts received by the
18   state housing finance commission under chapter 43.180 RCW.


19       Sec. 316. RCW 82.04.4282 and 2009 c 535 s 410 are each amended
20   to read as follows:
21       (1) In computing tax there may be deducted from ((the measure of
22   tax)) gross income of the business amounts derived from bona fide
23   (((1))) (a) initiation fees, (((2))) (b) dues, (((3))) (c)
24   contributions, (((4))) (d) donations, (((5))) (e) tuition fees,
25   (((6))) (f) charges made by a nonprofit trade or professional
26   organization for attending or occupying space at a trade show,
27   convention, or educational seminar sponsored by the nonprofit trade
28   or professional organization, which trade show, convention, or
29   educational seminar is not open to the general public, (((7))) (g)
30   charges made for operation of privately operated kindergartens, and
31   (((8))) (h) endowment funds.
32       (2) This section ((may)) does not ((be construed to)) exempt any
33   person, association, or society from tax liability upon selling
34   tangible personal property, digital goods, digital codes, or digital
35   automated services, or upon providing facilities or other services
36   for which a special charge is made to members or others. If dues are
37   in exchange for any significant amount of goods or services rendered
                                     p. 29                         SB 5482
1    by the recipient thereof to members without any additional charge to
2    the member, or if the dues are graduated upon the amount of goods or
3    services rendered, the value of such goods or services ((shall)) are
4    not ((be considered as a deduction)) deductible under this section.


 5       Sec. 317. RCW 82.04.4283 and 1980 c 37 s 4 are each amended to
 6   read as follows:
 7       (1) In computing tax there may be deducted from ((the measure of
 8   tax)) gross income of the business the amount of cash discount
 9   actually taken by the purchaser. This deduction is not allowed in
10   arriving   at  the   taxable  amount   ((under  the   extractive  or
11   manufacturing classifications with respect to articles produced or
12   manufactured, the reported values of which, for the purposes of this
13   tax, have been computed according to the provisions of RCW
14   82.04.450)) for purposes of the taxes imposed under section 202(2) of
15   this act or RCW 82.04.261 on taxpayers engaging in business as a
16   manufacturer or extractor.
17       (2) For purposes of this section, "cash discount" means a
18   deduction from the invoice price of goods or charge for services that
19   is allowed if the bill is paid on or before a specified date.


20       Sec. 318. RCW 82.04.4284 and 2004 c 153 s 307 are each amended
21   to read as follows:
22       (1) In computing tax there may be deducted from ((the measure of
23   tax)) gross income of the business bad debts, as that term is used in
24   26 U.S.C. Sec. 166, as amended or renumbered as of January 1, 2003,
25   on which tax was previously paid.
26       (2) For purposes of this section, "bad debts" do not include:
27       (a) Amounts due on property that remains in the possession of the
28   seller until the full purchase price is paid;
29       (b) Expenses incurred in attempting to collect debt;
30       (c) Sales or use taxes payable to a seller; and
31       (d) Repossessed property.
32       (3) If a deduction is taken for a bad debt and the debt is
33   subsequently collected in whole or in part, the ((tax on the)) amount
34   collected must be ((paid)) included in gross income of the business
35   and reported on the return filed for the period in which the
36   collection is made.



                                     p. 30                         SB 5482
 1       (4) Payments on a previously claimed bad debt must be applied
 2   under RCW 82.08.037(4) and 82.12.037, according to such rules as the
 3   department may prescribe.


 4       Sec. 319. RCW 82.04.4285 and 2013 c 225 s 639 are each amended
 5   to read as follows:
 6       In computing tax there may be deducted from ((the measure of tax
 7   so much)) gross income of the business the portion of the sale price
 8   of fuel ((as)) that constitutes the amount of tax imposed by the
 9   state under chapter 82.38 RCW or the United States government, under
10   26 U.S.C., Subtitle D, chapters 31 and 32, upon the sale thereof.

11       Sec. 320. RCW 82.04.4286 and 1980 c 37 s 7 are each amended to
12   read as follows:
13       ((In computing tax there may be deducted from the measure of tax
14   amounts derived from business which)) This chapter does not apply to
15   amounts received from business activity that the state is prohibited
16   from taxing under the Constitution of this state or the Constitution
17   or laws of the United States.


18       Sec. 321. RCW 82.04.4293 and 1980 c 37 s 13 are each amended to
19   read as follows:
20       In computing tax there may be deducted from ((the measure of
21   tax)) gross income of the business by those engaged in banking, loan,
22   security, or other financial businesses, amounts ((derived)) received
23   from interest paid on all obligations of the state of Washington, its
24   political subdivisions, and municipal corporations organized pursuant
25   to the laws thereof.

26       Sec. 322. RCW 82.04.4339 and 2021 c 143 s 1 are each amended to
27   read as follows:
28       (1) In computing tax there may be deducted from the ((measure of
29   tax)) gross income of the business amounts received by a nonprofit
30   organization from the United States or any instrumentality thereof,
31   the state of Washington or any municipal corporation or political
32   subdivision thereof, or an Indian tribe as defined in RCW 43.06.523,
33   as salmon recovery grants.
34       (2) For the purposes of this section, the following definitions
35   apply:


                                     p. 31                         SB 5482
1        (a) "Nonprofit organization" has the same meaning as in RCW
2    82.04.3651.
3        (b) "Salmon recovery grant" means, solely for the purposes of
4    this section, financial assistance provided to primarily benefit the
5    public as a whole by renewing, restoring, or protecting, by human
6    intervention, salmon ecosystems or salmon habitats in this state,
7    whether or not such financial assistance furthers the regulatory
8    activities of the grantor.

 9       Sec. 323. RCW 82.04.440 and 2011 c 2 s 205 are each amended to
10   read as follows:
11       (1) Every person engaged in activities that are subject to tax
12   under two or more provisions of RCW ((82.04.230 through 82.04.298,
13   inclusive,)) 82.04.261 is taxable under each provision applicable to
14   those activities.
15       (2) Persons taxable under ((RCW 82.04.2909(2), 82.04.250,
16   82.04.270, 82.04.294(2), or 82.04.260 (1)(b), (c), or (d), (4), (11),
17   or (12) with respect to selling products in this state, including
18   those persons who are also taxable under)) RCW 82.04.261((,)) with
19   respect to selling products at wholesale in this state are allowed a
20   credit against those taxes for any (a) manufacturing taxes paid with
21   respect to the manufacturing of products so sold in this state,
22   and/or (b) extracting taxes paid with respect to the extracting of
23   products so sold in this state or ingredients of products so sold in
24   this state. Extracting taxes taken as credit under subsection (3) of
25   this section may also be taken under this subsection, if otherwise
26   allowable under this subsection. The amount of the credit may not
27   exceed the tax liability arising under ((this chapter)) RCW 82.04.261
28   with respect to the sale of those products.
29       (3) Persons taxable as manufacturers under ((RCW 82.04.240 or
30   82.04.260 (1)(b) or (12), including those persons who are also
31   taxable under)) RCW 82.04.261((,)) are allowed a credit against those
32   taxes for any extracting taxes paid with respect to extracting the
33   ingredients of the products so manufactured in this state. The amount
34   of the credit may not exceed the tax liability arising under ((this
35   chapter)) RCW 82.04.261 with respect to the manufacturing of those
36   products.
37       (4)   Persons   taxable   under    ((RCW  82.04.230,   82.04.240,
38   82.04.2909(1), 82.04.294(1), 82.04.2404, or 82.04.260 (1), (2), (4),
39   (11), or (12), including those persons who are also taxable under))
                                     p. 32                         SB 5482
 1   RCW 82.04.261((,)) with respect to extracting or manufacturing
 2   products in this state are allowed a credit against those taxes for
 3   any (((i))) (a) gross receipts taxes paid to another state with
 4   respect to the sales of the products so extracted or manufactured in
 5   this state, (((ii))) (b) manufacturing taxes paid with respect to the
 6   manufacturing of products using ingredients so extracted in this
 7   state, or (((iii))) (c) manufacturing taxes paid with respect to
 8   manufacturing activities completed in another state for products so
 9   manufactured in this state. The amount of the credit may not exceed
10   the tax liability arising under ((this chapter)) RCW 82.04.261 with
11   respect to the extraction or manufacturing of those products.
12       (5) No application is required to claim credits under this
13   section. Unused credit under this section may not be carried forward
14   or backward and claimed for any tax reporting periods preceding or
15   following the tax reporting period for which the credit is earned.
16       (6) For the purpose of this section, the definitions in this
17   subsection apply:
18       (a) "Gross receipts tax" means a tax that:
19       (i) ((Which is)) Is imposed on or measured by ((the)) a
20   taxpayer's gross volume of business, in terms of gross income, gross
21   receipts, value of products, or in other terms, and in the
22   determination of which the deductions allowed would not constitute
23   the tax ((an)) a net income tax or value added tax; and
24       (ii) ((Which is)) Is also not, pursuant to law or custom,
25   separately stated from the sales price on any document of sale
26   provided to the customer.
27       (b) "State" means (i) the state of Washington, (ii) a state of
28   the United States other than Washington, or any political subdivision
29   of such other state, (iii) the District of Columbia, and (iv) any
30   foreign country or political subdivision thereof.
31       (c) "Manufacturing tax" means a gross receipts tax imposed
32   expressly on the act or privilege of engaging in business as a
33   manufacturer, and includes (((i) the taxes imposed in RCW 82.04.240,
34   82.04.2404, 82.04.2909(1), 82.04.260 (1), (2), (4), (11), and (12),
35   and 82.04.294(1); (ii))) the tax imposed under RCW 82.04.261 on
36   persons who are engaged in business as a manufacturer((;)) and
37   (((iii))) similar gross receipts taxes paid to other states.
38       (d) "Extracting tax" means a gross receipts tax imposed expressly
39   on the act or privilege of engaging in business as an extractor, and
40   includes (((i) the tax imposed on extractors in RCW 82.04.230 and
                                     p. 33                         SB 5482
1    82.04.260(12); (ii))) the tax imposed under RCW 82.04.261 on persons
2    who are engaged in business as an extractor((;)) and (((iii)))
3    similar gross receipts taxes paid to other states.
4        (e) "Business," "manufacturer," "extractor," and other terms used
5    in this section have the meanings given in RCW 82.04.020 through
6    ((82.04.212 [82.04.217])) 82.04.217, notwithstanding the use of those
7    terms in the context of describing taxes imposed by other states.

 8       Sec. 324. RCW 82.04.4497 and 2021 c 196 s 16 are each amended to
 9   read as follows:
10       (1) To avoid taxing the same sale or exchange under both the
11   ((business and occupation)) margin tax and capital gains tax, a
12   ((credit)) deduction is allowed ((against taxes due under this
13   chapter)) from gross income of the business in the amount of gain on
14   a sale or exchange ((that is also subject to the tax imposed under
15   RCW 82.87.040. The credit is equal to the amount of tax imposed under
16   this chapter on such sale or exchange)) of long-term capital assets
17   by a taxpayer if:
18       (a) The sale or exchange is subject to tax under this chapter and
19   the tax imposed under RCW 82.87.040;
20       (b) The gain is included in the Washington capital gains of the
21   taxpayer or a legal or beneficial owner of the taxpayer; and
22       (c) The taxpayer or a legal or beneficial owner of the taxpayer
23   has paid the tax imposed under RCW 82.87.040 with respect to the
24   Washington capital gains.
25       (2) ((The credit may be used against any tax due under this
26   chapter)) For purposes of this section, where a taxpayer is a
27   combined group, a legal or beneficial owner of the taxpayer means a
28   legal or beneficial owner of any member of the combined group.
29       (3) ((The credit under this section is earned in regards to a
30   sale or exchange, and may be claimed against taxes due under this
31   chapter, for the tax reporting period in which the sale or exchange
32   occurred. The credit claimed for a tax reporting period may not
33   exceed the tax otherwise due under this chapter for that tax
34   reporting period. Unused credit may not be carried forward or
35   backward to another tax reporting period. No refunds may be granted
36   for unused credit under this section.
37       (4) The department must apply the credit first to taxes deposited
38   into the general fund. If any remaining credit reduces the amount of
39   taxes deposited into the workforce education investment account
                                     p. 34                         SB 5482
1    established in RCW 43.79.195, the department must notify the state
2    treasurer of such amounts monthly, and the state treasurer must
3    transfer those amounts from the general fund to the workforce
4    education investment account)) The department may require this
5    deduction be claimed on an amended return if, at the time the
6    original return under this chapter is due, the tax imposed under RCW
7    82.87.040 has not been paid as required by subsection (1)(b) of this
8    section.


 9       Sec. 325. RCW 82.04.4499 and 2022 c 189 s 2 are each amended to
10   read as follows:
11       (1) Subject to the limitations in this section, a credit is
12   allowed against the tax imposed under this chapter for contributions
13   made by a ((person)) taxpayer to the equitable access to credit
14   program created in chapter 43.390 RCW.
15       (2)(a) The ((person)) taxpayer must make the contribution before
16   claiming a credit authorized under this section. The credit may be
17   used against any tax due under this chapter. The amount of the credit
18   claimed for a reporting period may not exceed the tax otherwise due
19   under this chapter for that reporting period. No ((person)) taxpayer
20   may claim more than $1,000,000 of credit ((in)) for any ((calendar))
21   tax year, including credit carried over from a previous ((calendar))
22   tax year. No refunds may be granted for any unused credits.
23       (b) Any amount of tax credit otherwise allowable under this
24   section not claimed by the ((person)) taxpayer in any ((calendar
25   year)) tax year, including unused credit remaining as of June 30,
26   2027, may be carried forward and claimed against a ((person's))
27   taxpayer's tax liability for the next succeeding ((calendar)) tax
28   year; and any credit not used in that next succeeding ((calendar))
29   tax year may be carried forward and claimed against the ((person's))
30   taxpayer's tax liability for the second succeeding ((calendar)) tax
31   year, but may not be carried over for any ((calendar)) tax year
32   thereafter. Credit under this section may not be carried back and
33   claimed for tax years ending before the credit under this section is
34   earned.
35       (3) Credits are available on a first-in-time basis. The
36   department must disallow any credits, or portions thereof, that would
37   cause the total amount of credits claimed under this section for any
38   ((calendar)) tax year to exceed $8,000,000. If this limitation is
39   reached, the department must notify the department of commerce that
                                     p. 35                         SB 5482
 1   the annual statewide limit has been met. In addition, the department
 2   must provide written notice to any ((person)) taxpayer who has
 3   claimed tax credits in excess of the limitation in this subsection.
 4   The notice must indicate the amount of tax due and provide the tax be
 5   paid within 30 days from the date of the notice. The department may
 6   not assess penalties and interest as provided in chapter 82.32 RCW on
 7   the amount due in the initial notice if the amount due is paid by the
 8   due date specified in the notice, or any extension thereof.
 9       (4) To claim a credit under this section, a ((person)) taxpayer
10   must electronically file with the department all returns, forms, and
11   any other information required by the department, in an electronic
12   format as provided or approved by the department. Any return, form,
13   or information required to be filed in an electronic format under
14   this section is not filed until received by the department in
15   electronic format. As used in this subsection, "returns" has the same
16   meaning as "return" in RCW 82.32.050.
17       (5) No application is necessary for the tax credit. The
18   ((person)) taxpayer must keep records necessary for the department to
19   verify eligibility under this section.
20       (6) The equitable access to credit program must provide to the
21   department, upon request, such information as may be needed to verify
22   eligibility for credit under this section, including information
23   regarding contributions received by the program.
24       (7) The maximum credit that may be earned for each ((calendar))
25   tax year under this section for a ((person)) taxpayer is limited to
26   the lesser of $1,000,000 or an amount equal to 100 percent of the
27   contributions made by the ((person)) taxpayer to the equitable access
28   to credit program during the tax year.
29       (8) No credit may be earned for contributions made on or after
30   June 30, 2027. Credits may be claimed as provided in subsections (2)
31   through (4) of this section; however, credits may not be claimed
32   prior to January 1, 2023.
33       (9) For the purposes of this section, "equitable access to credit
34   program" means a program established within the department of
35   commerce pursuant to RCW 43.390.020.
36       (10) The provisions of chapter 82.32 RCW apply to the
37   administration of this section.
38       (11) This section expires July 1, 2027.



                                     p. 36                         SB 5482
 1       Sec. 326. RCW 82.04.615 and 2007 c 381 s 1 are each amended to
 2   read as follows:
 3       This chapter does not apply to public corporations, commissions,
 4   or authorities created under RCW 35.21.660 or 35.21.730 for amounts
 5   ((derived)) received from sales of tangible personal property and
 6   services to:
 7       (1) A limited liability company in which the corporation,
 8   commission, or authority is the managing member;
 9       (2) A limited partnership in which the corporation, commission,
10   or authority is the general partner; or
11       (3) A single asset entity required under any federal, state, or
12   local governmental housing assistance program, which is controlled
13   directly or indirectly by the corporation, commission, or authority.


14       Sec. 327.    RCW 82.04.767 and 2021 c 4 s 1 are each amended to
15   read as follows:
16       (1) This chapter does not apply to ((any person with respect to))
17   amounts received from the value proceeding or accruing from a
18   qualifying grant received on or after February 29, 2020.
19       (2) For purposes of this section, "qualifying grant" means an
20   amount received, or relief from debt or other legal obligation
21   received, that:
22       (a) Is received under a government-funded program either directly
23   from a government entity, or through a nongovernmental third-party
24   entity authorized by a government entity to distribute the program
25   funds, or, in the case of relief from debt or other legal obligation,
26   is received from a private entity under circumstances where, in
27   exchange for providing the relief, the private entity receives some
28   form of direct financial benefit from a government entity;
29       (b) Is provided to address the impacts of conditions giving rise
30   to an official proclamation of a national emergency by the president
31   of the United States or an official proclamation of a state of
32   emergency by the governor of this state; and
33       (c) Is not an amount received:
34       (i) Under a contract, including a sole source contract, for the
35   acquisition of specific goods or services, or both, by purchase,
36   lease, or barter, that was solicited and established in accordance
37   with procurement laws or regulations; or
38       (ii) For manufacturing, extracting, or making sales of products,
39   when the amount received is determined based on the quantity of
                                     p. 37                         SB 5482
 1   products manufactured, extracted, or sold. ((For purposes of this
 2   subsection (2)(c)(ii), "products" has the same meaning as in RCW
 3   82.32.023.))
 4       (3) For purposes of a grant awarded to address the impacts of
 5   conditions giving rise to a national emergency or state of emergency,
 6   the exemption under this section applies only if the legislation
 7   authorizing the grant or the associated legislative history, public
 8   records created by the grantor, or the terms of the underlying grant
 9   agreement between the grantor and grantee, clearly indicate that the
10   grant was established to address the impacts of conditions giving
11   rise to a national emergency or state of emergency.
12       (4) Businesses may include:
13       (a) As a cost input under section 204 of this act any expense
14   paid using qualifying grant proceeds to the extent the expense is
15   otherwise includable as a cost input under that section; and
16       (b) As compensation under section 205 of this act any amount paid
17   using qualifying grant proceeds to the extent the amount is otherwise
18   includable as compensation under that section
19       (5) For purposes of this section, "government" means any
20   national, tribal, state, or local government.


21       NEW SECTION. Sec. 328.   A new section is added to chapter 82.08
22   RCW to read as follows:
23       CREDIT—RETAIL SALES TAX COLLECTED AND REMITTED BY RETAILERS. (1)
24   A taxpayer that both collects and timely remits to the department the
25   retail sales tax imposed under RCW 82.08.020(1) is allowed a credit
26   against those taxes. The amount of the credit earned for a tax
27   reporting period is equal to 0.2528 percent of the total amount of
28   retail sales tax imposed in RCW 82.08.020(1) and properly collected
29   and remitted by the taxpayer to the department by the due date of the
30   tax return for that tax reporting period or any extension of the due
31   date granted by the department. For purposes of this subsection (1),
32   a taxpayer that remits the tax imposed in RCW 82.08.020(1) after the
33   due date has remitted the tax by the due date if the department
34   waives or cancels the penalty associated with the delinquency as
35   authorized by chapter 82.32 RCW.
36       (2) The credit under this section may not exceed the taxes
37   otherwise due under RCW 82.08.020(1). Any unused credit may not be
38   carried forward or backward to a different tax reporting period.


                                     p. 38                         SB 5482
1                                  PART IV
2                                 SURCHARGES


 3       NEW SECTION. Sec. 401. A new section is added to chapter 82.04
 4   RCW to read as follows:
 5       SURCHARGES. (1) The surcharges imposed in RCW 82.04.261 through
 6   82.04.299 are in addition to the margin tax imposed under section 202
 7   of this act.
 8       (2) Each person with a substantial nexus with this state under
 9   RCW 82.04.067 and engaging within this state in any business activity
10   for which a surcharge is imposed under this chapter is subject to the
11   applicable surcharge or surcharges, regardless of whether the person
12   is subject to the margin tax imposed in section 202 of this act or is
13   part of a combined group subject to the margin tax imposed in section
14   202 of this act.
15       (3) Persons subject to the surcharges referenced in subsection
16   (1) of this section must file and pay the surcharges in a form and
17   manner prescribed by the department as provided in RCW 82.32.045.


18       Sec. 402. RCW 82.04.261 and 2021 c 145 s 8 are each amended to
19   read as follows:
20       (1) ((In addition to the taxes imposed under RCW 82.04.260(12),
21   a)) A surcharge is imposed on those persons who are ((subject to any
22   of the taxes imposed under RCW 82.04.260(12). Except as otherwise
23   provided in this section, the surcharge is equal to)) engaged in the
24   business of:
25       (a) Operating as an extractor of timber;
26       (b) Extracting timber for hire;
27       (c) Operating as a manufacturer of: (i) Timber into timber
28   products or wood products; (ii) timber products into other timber
29   products or wood products; or (iii) products defined in RCW
30   19.27.570(1);
31       (d) Processing for hire: (i) Timber into timber products or wood
32   products; (ii) timber products into other timber products or wood
33   products; or (iii) products defined in RCW 19.27.570(1);
34       (e) Selling at wholesale: (i) Timber extracted by that person;
35   (ii) timber products manufactured by that person from timber or other
36   timber products; (iii) wood products manufactured by that person from
37   timber or timber products; or (iv) products defined in RCW
38   19.27.570(1) manufactured by that person; or
                                     p. 39                         SB 5482
 1       (f) Selling standing timber.
 2       (2) The surcharge equals the person's taxable amount for all
 3   activities described in subsection (1) of this section that the
 4   person engages in, multiplied by the rate of 0.052 percent. ((The
 5   surcharge is added to the rates provided in RCW 82.04.260(12) (a),
 6   (b), (c), and (d).
 7       (2))) (3) All receipts from the surcharge imposed under this
 8   section must be deposited into the forest and fish support account
 9   created in RCW 76.09.405, with any receipts above eight million
10   dollars per biennium specifically used as additional funding for
11   tribal participation grants.
12       (((3))) (4)(a) The surcharge imposed under this section is
13   suspended if:
14       (i) ((Before July 1, 2024, receipts from the surcharge total at
15   least eight million five hundred thousand dollars during any fiscal
16   biennium;
17       (ii))) Between July 1, 2024, through June 30, 2029, receipts from
18   the surcharge total at least nine million dollars during any fiscal
19   biennium; and
20       (((iii))) (ii) After June 30, 2029, the receipts from the
21   surcharge total at least nine million five hundred thousand dollars
22   during any fiscal biennium.
23       (b) The suspension of the surcharge under this subsection (((3)))
24   (4) takes effect on the first day of the calendar month that is at
25   least thirty days after the end of the month during which the
26   department determines that receipts from the surcharge total the
27   values specified in this subsection (((3))) (4) during the fiscal
28   biennium. The surcharge is imposed again at the beginning of the
29   following fiscal biennium.
30       (((4))) (5) For purposes of this section, the definitions in this
31   subsection apply:
32       (a) "Biocomposite surface products" means surface material
33   products containing, by weight or volume, more than 50 percent
34   recycled paper and that also use nonpetroleum-based phenolic resin as
35   a bonding agent.
36       (b) "Paper and paper products" means products made of interwoven
37   cellulosic fibers held together largely by hydrogen bonding. "Paper
38   and paper products" includes newsprint; office, printing, fine, and
39   pressure-sensitive papers; paper napkins, towels, and toilet tissue;
40   kraft   bag,  construction,  and   other  kraft   industrial  papers;
                                     p. 40                         SB 5482
 1   paperboard, liquid packaging containers, containerboard, corrugated,
 2   and solid-fiber containers including linerboard and corrugated
 3   medium;   and  related   types  of   cellulosic  products  containing
 4   primarily, by weight or volume, cellulosic materials. "Paper and
 5   paper products" does not include books, newspapers, magazines,
 6   periodicals, and other printed publications, advertising materials,
 7   calendars, and similar types of printed materials.
 8       (c) "Recycled paper" means paper and paper products having 50
 9   percent or more of their fiber content that comes from postconsumer
10   waste. For purposes of this subsection (5)(c), "postconsumer waste"
11   means a finished material that would normally be disposed of as solid
12   waste, having completed its life cycle as a consumer item.
13       (d) "Taxable amount" means:
14       (i) Gross income of the business, with regard to the business
15   activities described in subsection (1)(b), (d), and (f) of this
16   section;
17       (ii) Value of products, including byproducts, extracted or
18   manufactured, with regard to the business activities described in
19   subsection (1)(a) and (c) of this section; and
20       (iii) Gross proceeds of sales, with regard to the products
21   described in subsection (1)(e) of this section.
22       (e) "Timber" means forest trees, standing or down, on privately
23   or publicly owned land. "Timber" does not include Christmas trees
24   that are cultivated by agricultural methods or short-rotation
25   hardwoods as defined in RCW 84.33.035.
26       (f) "Timber products" means:
27       (i) Logs, wood chips, sawdust, wood waste, and similar products
28   obtained wholly from the processing of timber, short-rotation
29   hardwoods as defined in RCW 84.33.035, or both;
30       (ii) Pulp, including market pulp and pulp derived from recovered
31   paper or paper products; and
32       (iii) Recycled paper, but only when used in the manufacture of
33   biocomposite surface products.
34       (g) "Wood products" means paper and paper products; dimensional
35   lumber; engineered wood products such as particleboard, oriented
36   strand board, medium density fiberboard, and plywood; wood doors;
37   wood windows; and biocomposite surface products.
38       (6) This section expires July 1, 2045.



                                     p. 41                         SB 5482
 1       Sec. 403. RCW 82.04.285 and 2014 c 97 s 303 are each amended to
 2   read as follows:
 3       (1) ((Upon)) A surcharge is imposed upon every person engaging
 4   within this state in the business of operating contests of chance((;
 5   as to such persons, the amount of tax with respect to the business of
 6   operating contests of chance)). The amount of the surcharge is equal
 7   to the gross income of the business ((derived)) received from
 8   operating contests of chance multiplied by the rate of ((1.5 percent.
 9       (2) An additional tax is imposed on those persons subject to tax
10   in subsection (1) of this section. The amount of the additional tax
11   with respect to the business of operating contests of chance is equal
12   to the gross income of the business derived from contests of chance
13   multiplied by the rate of 0.1 percent through June 30, 2006, and))
14   0.13   percent   ((thereafter)).  The  money   collected  under   this
15   ((subsection (2) shall)) section must be deposited in the problem
16   gambling account created in RCW ((43.20A.892)) 41.05.751. This
17   ((subsection)) section does not apply to businesses operating
18   contests of chance when the gross income from the operation of
19   contests of chance is less than fifty thousand dollars per year.
20       (((3))) (2)(a) For the purpose of this section, "contests of
21   chance" means any contests, games, gaming schemes, or gaming devices,
22   other than the state lottery as defined in RCW 67.70.010, in which
23   the outcome depends in a material degree upon an element of chance,
24   notwithstanding that skill of the contestants may also be a factor in
25   the outcome. The term includes social card games, bingo, raffle, and
26   punchboard games, and pull-tabs as defined in chapter 9.46 RCW.
27       (b) ((The term)) "Contests of chance" does not include: (i) Race
28   meet for the conduct of which a license must be secured from the
29   Washington horse racing commission, (ii) "amusement game" as defined
30   in RCW 9.46.0201, or (iii) any activity that is not subject to
31   regulation by the gambling commission.
32       (((4) "Gross income of the business" does not include the
33   monetary value or actual cost of any prizes that are awarded, amounts
34   paid to players for winning wagers, accrual of prizes for progressive
35   jackpot contests, or repayment of amounts used to seed guaranteed
36   progressive jackpot prizes.))


37       Sec. 404. RCW 82.04.286 and 2005 c 369 s 6 are each amended to
38   read as follows:


                                     p. 42                         SB 5482
 1       (1) ((Upon)) A surcharge is imposed upon every person engaging
 2   within this state in the business of conducting race meets for the
 3   conduct of which a license must be secured from the Washington horse
 4   racing commission((; as to such persons, the amount of tax with
 5   respect to the business of parimutuel wagering)). The surcharge is
 6   equal to the gross income of the business ((derived)) received from
 7   parimutuel wagering multiplied by the rate of ((0.1 percent through
 8   June 30, 2006, and)) 0.13 percent ((thereafter)). The money collected
 9   under this section shall be deposited in the problem gambling account
10   created in RCW ((43.20A.892)) 41.05.751.
11       (2) ((For purposes of this section, "gross income of the
12   business" does not include amounts paid to players for winning
13   wagers, or taxes imposed or other distributions required under
14   chapter 67.16 RCW.
15       (3))) The tax imposed under this section is in addition to any
16   tax imposed under chapter 67.16 RCW.


17       Sec. 405. RCW 82.04.29004 and 2019 c 420 s 2 are each amended to
18   read as follows:
19       (1) ((Beginning January 1, 2020, in)) In addition to any other
20   taxes imposed under this chapter, ((an additional tax)) a surcharge
21   is imposed on specified financial institutions. The ((additional
22   tax)) surcharge is equal to the gross income of the business taxable
23   under RCW 82.04.290(((2))) multiplied by the rate of 1.2 percent.
24       (2) The definitions in this subsection apply throughout this
25   section unless the context clearly requires otherwise.
26       (a) (("Affiliated" means a person that directly or indirectly,
27   through one or more intermediaries, controls, is controlled by, or is
28   under common control with another person. For purposes of this
29   subsection (2)(a), "control" means the possession, directly or
30   indirectly, of more than fifty percent of the power to direct or
31   cause the direction of the management and policies of a person,
32   whether through the ownership of voting shares, by contract, or
33   otherwise.
34       (b))) "Consolidated financial institution group" means all
35   financial institutions that are affiliated with each other.
36       (((c)))   (b)   "Consolidated   financial   statement"   means  a
37   consolidated financial institution group's consolidated reports of
38   condition and income filed with the federal financial institutions
39   examination council, or successor agency.
                                     p. 43                         SB 5482
 1       (((d))) (c) "Financial institution" means any person that is:
 2       (i) ((Any)) A corporation or other business entity chartered
 3   under Titles 30A, 30B, 31, 32, and 33 RCW, or registered under the
 4   federal bank holding company act of 1956, as amended, or registered
 5   as a savings and loan holding company under the federal national
 6   housing act, as amended;
 7       (ii) A national bank organized and existing as a national bank
 8   association pursuant to the provisions of the national bank act, 12
 9   U.S.C. Sec. 21 et seq.;
10       (iii) A savings association or federal savings bank as defined in
11   the federal deposit insurance act, 12 U.S.C. Sec. 1813(b)(1);
12       (iv) ((Any)) A bank or thrift institution incorporated or
13   organized under the laws of any state;
14       (v) ((Any)) A corporation organized under the provisions of 12
15   U.S.C. Sec. 611 through 631;
16       (vi) ((Any)) An agency or branch of a foreign depository as
17   defined in 12 U.S.C. Sec. 3101 that is not ((exempt under RCW
18   82.04.315)) an international banking facility. For purposes of this
19   subsection (2)(c)(vi), "international banking facility" means a
20   facility represented by a set of asset and liability accounts
21   segregated on the books and records of a commercial bank, the
22   principal office of which is located in this state, and which is
23   incorporated and doing business under the laws of the United States
24   or of this state, a United States branch or agency of a foreign bank,
25   an edge corporation organized under section 25(a) of the Federal
26   Reserve Act, 12 U.S.C. Sec. 611-631, or an agreement corporation
27   having an agreement or undertaking with the board of governors of the
28   federal reserve system under section 25 of the Federal Reserve Act,
29   12 U.S.C. 601-604a, that includes only international banking facility
30   time deposits (as defined in subsection (a)(2) of Section 204.8 of
31   Regulation D (12 C.F.R. Part 204), as promulgated by the board of
32   governors of the federal reserve system), and international banking
33   facility extensions of credit (as defined in subsection (a)(3) of
34   section 204.8 of Regulation D);
35       (vii) A production credit association organized under the federal
36   farm credit act of 1933, all of whose stock held by the federal
37   production credit corporation has been retired;
38       (viii) ((Any)) A corporation or other business entity who
39   receives gross income taxable under RCW 82.04.290, and whose voting
40   interests are more than fifty percent owned, directly or indirectly,
                                     p. 44                         SB 5482
 1   by any person or business entity described in (((d))) (c)(i) through
 2   (vii) of this subsection other than an insurance company liable for
 3   the insurance premiums tax under RCW 48.14.020 or any other company
 4   taxable under chapter 48.14 RCW;
 5       (ix)(A) A corporation or other business entity that receives more
 6   than fifty percent of its total gross income for federal income tax
 7   purposes from finance leases. For purposes of this subsection, a
 8   "finance lease" means a lease that meets two requirements:
 9       (I) It is the type of lease permitted to be made by national
10   banks (see 12 U.S.C. Sec. 24(7) and (10), comptroller of the currency
11   regulations, part 23, leasing (added by 56 C.F.R. Sec. 28314, June
12   20, 1991, effective July 22, 1991), and regulation Y of the federal
13   reserve system 12 C.F.R. Part 225.25, as amended); and
14       (II) It is the economic equivalent of an extension of credit,
15   i.e., the lease is treated by the lessor as a loan for federal income
16   tax purposes. In no event does a lease qualify as an extension of
17   credit where the lessor takes depreciation on such property for
18   federal income tax purposes.
19       (B) For this classification to apply, the average of the gross
20   income in the current tax year and immediately preceding two tax
21   years must satisfy the more than fifty percent requirement;
22       (x) Any other person or business entity, other than an insurance
23   general   agent   ((taxable))   licensed   under    chapter   48.17   RCW
24   ((82.04.280(1)(e))), an insurance business exempt from the ((business
25   and occupation)) margin tax under RCW 82.04.320, a ((real estate))
26   broker ((taxable under RCW 82.04.255)) as defined in RCW 18.85.011, a
27   securities dealer or international investment management company
28   taxable under RCW 82.04.290(((2))), that receives more than fifty
29   percent of its gross receipts from activities that a person described
30   in (((d))) (c)(ii) through (vii) and (ix) of this subsection is
31   authorized to transact.
32       (((e)))   (d)(i)   "Specified   financial    institution"   means   a
33   financial institution that is a member of a consolidated financial
34   institution group that reported on its consolidated financial
35   statement for the previous calendar year annual net income of at
36   least one billion dollars, not including net income attributable to
37   noncontrolling   interests,    as   the    terms    "net    income"   and
38   "noncontrolling interest" are used in the consolidated financial
39   statement.


                                       p. 45                          SB 5482
 1       (ii) If financial institutions are no longer required to file
 2   consolidated financial statements, "specified financial institution"
 3   means any person that was subject to the additional tax in this
 4   section in at least two of the previous four calendar years.
 5       (3) The department must notify the fiscal committees of the
 6   legislature if financial institutions are no longer required to file
 7   consolidated financial statements.
 8       (4) To aid in the effective administration of the ((additional
 9   tax)) surcharge imposed in this section, the department may require a
10   person believed to be a specified financial institution to disclose
11   whether it is a member of a consolidated financial institution group
12   and, if so, to identify all other members of its consolidated
13   financial institution group. A person failing to comply with this
14   subsection is deemed to have intended to evade tax payable under this
15   section and is subject to the penalty in RCW 82.32.090(7) on any tax
16   due under this section by the person and any financial institution
17   affiliated with the person.
18       (5) Taxes collected under this section must be deposited into the
19   general fund.


20       Sec. 406.    RCW 82.04.290 and 2020 c 2 s 3 are each amended to
21   read as follows:
22       (1) ((Upon every person engaging within this state in the
23   business of providing qualifying international investment management
24   services, as to such persons, the amount of tax with respect to such
25   business is equal to the gross income or gross proceeds of sales of
26   the business multiplied by a rate of 0.275 percent.
27       (2)(a) Upon)) A surcharge is imposed upon every person engaging
28   within this state in any business activity other than ((or in
29   addition to an activity taxed explicitly under another section in
30   this chapter or subsection (1) or (3) of this section; as to such
31   persons the amount of tax on account of such activities)) those
32   persons and business activities specifically exempted under this
33   section from the surcharge. This surcharge is equal to the gross
34   income of the business multiplied by the rate of((:
35       (i) 1.75 percent; or
36       (ii) 1.5 percent for:
37       (A))) 0.25 percent. Except as otherwise provided in this section,
38   this surcharge is in addition to all other taxes imposed in this
39   chapter.
                                     p. 46                         SB 5482
 1       (2) The surcharge imposed in this section does not apply to:
 2       (a) Any person subject to the surcharge imposed under RCW
 3   82.04.299;
 4       (((B))) (v) Any person whose gross income of the business subject
 5   to the ((tax)) surcharge imposed under ((this)) subsection (((2)))
 6   (1) of this section, for the immediately preceding calendar year, was
 7   less than one million dollars, unless (((I))) (i) the person is
 8   affiliated with one or more other persons, and (((II))) (ii) the
 9   aggregate gross income of the business subject to the ((tax))
10   surcharge imposed under ((this)) subsection (((2))) (1) of this
11   section for all affiliated persons was greater than or equal to one
12   million dollars for the immediately preceding calendar year; ((and
13       (C))) (c) Hospitals as defined in RCW 70.41.020, including any
14   hospital that comes within the scope of chapter 71.12 RCW if the
15   hospital is also licensed under chapter 70.41 RCW((. This subsection
16   (2)(a)(ii)(C) must not be construed as modifying RCW 82.04.260(10)));
17   or
18       (d) Any business activity that, as of December 31, 2026, is not
19   taxed under the catchall service and other activities classification.
20   For purposes of this subsection (2)(d), "catchall service and other
21   activities classification" means the tax classification codified in
22   this section or successor statute that is applicable to all business
23   activities not otherwise taxed explicitly under another provision of
24   this chapter as of December 31, 2026.
25       (((b) This)) (3) The tax imposed in subsection (((2))) (1) of
26   this section includes, among others, and without limiting the scope
27   hereof (whether or not title to materials used in the performance of
28   such business passes to another by accession, confusion or other than
29   by outright sale), persons engaged in the business of rendering any
30   type of service which does not constitute a "sale at retail" or a
31   "sale at wholesale." The value of advertising, demonstration, and
32   promotional supplies and materials furnished to an agent by his or
33   her principal or supplier to be used for informational, educational,
34   and promotional purposes is not considered a part of the agent's
35   remuneration or commission and is not subject to taxation under this
36   section.
37       (((c) 14.3 percent)) (4) All of the revenues collected under
38   (((a)(i) of this)) subsection (((2))) (1) of this section must be
39   deposited into the workforce education investment account created in
40   RCW 43.79.195.
                                     p. 47                         SB 5482
 1       (((d)(i) To aid in the effective administration of this
 2   subsection (2), the department may require a person claiming to be
 3   subject to the 1.5 percent tax rate under (a)(ii)(B) of this
 4   subsection (2) to identify all of the person's affiliates, including
 5   their department tax registration number or unified business
 6   identifier number, as may be applicable, or to certify that the
 7   person is not affiliated with any other person. Requests under this
 8   subsection   (2)(d)(i)  must  be  in   writing  and   may  be   made
 9   electronically.
10       (ii) If the department establishes, by clear, cogent, and
11   convincing evidence, that a person, with intent to evade the
12   additional taxes due under the 1.75 percent tax rate in (a)(i) of
13   this subsection (2), failed to provide the department with complete
14   and accurate information in response to a written request under
15   (d)(i) of this subsection (2) within thirty days of such request, the
16   person is ineligible for the 1.5 percent tax rate in (a)(ii) of this
17   subsection (2) for the entire current calendar year and the following
18   four calendar years. However, the department must waive the
19   provisions of this subsection (2)(d)(ii) for any tax reporting period
20   that the person is otherwise eligible for the 1.5 percent tax rate in
21   (a)(ii) of this subsection (2) if (A) the department has not
22   previously determined that the person failed to fully comply with
23   (d)(i) of this subsection (2), and (B) within thirty days of the
24   notice of additional tax due as a result of the person's failure to
25   fully comply with (d)(i) of this subsection (2) the department
26   determines that the person has come into full compliance with (d)(i)
27   of this subsection (2). This subsection (2)(d) applies only with
28   respect to persons claiming entitlement to the 1.5 percent tax rate
29   solely by reason of (a)(ii)(B) of this subsection (2).
30       (e) For the purposes of (a)(ii)(B) of this subsection (2), if a
31   taxpayer is subject to the reconciliation provisions of RCW
32   82.04.462(4), and calculates gross income of the business subject to
33   the tax imposed under this subsection (2) for the immediately
34   preceding calendar year, or aggregate gross income of the business
35   subject to the tax imposed under this subsection (2) for the
36   immediately preceding calendar year for all affiliated persons, based
37   on incomplete information, the taxpayer must correct the reporting
38   for the current calendar year when complete information for the
39   immediately preceding calendar year is available.


                                     p. 48                         SB 5482
 1       (f) For purposes of this subsection (2), the definitions in this
 2   subsection (2)(f) apply:
 3       (i) "Affiliate" means a person that directly or indirectly,
 4   through one or more intermediaries, controls, is controlled by, or is
 5   under common control with another person; and
 6       (ii) "Control" means the possession, directly or indirectly, of
 7   more than eighty percent of the power to direct or cause the
 8   direction of the management and policies of a person, whether through
 9   the ownership of voting shares, by contract, or otherwise.
10       (3)(a) Until July 1, 2040, upon every person engaging within this
11   state in the business of performing aerospace product development for
12   others, as to such persons, the amount of tax with respect to such
13   business is equal to the gross income of the business multiplied by a
14   rate of 0.9 percent.
15       (b) A person reporting under the tax rate provided in this
16   subsection (3) must file a complete annual report with the department
17   under RCW 82.32.534.
18       (c) "Aerospace product development" has the meaning as provided
19   in RCW 82.04.4461.))


20       Sec. 407. RCW 82.04.299 and 2022 c 170 s 1 and 2022 c 56 s 4 are
21   each reenacted and amended to read as follows:
22       (1)(a) Beginning with business activities occurring on or after
23   April 1, 2020, in addition to the taxes imposed under RCW
24   82.04.290(((2))) and section 202 of this act, a workforce education
25   investment surcharge is imposed on select advanced computing
26   businesses. The surcharge is equal to the gross income of the
27   business subject to the tax under RCW 82.04.290(((2))), multiplied by
28   the rate of 1.22 percent.
29       (b) Except as provided in (((e))) (d) of this subsection (1), in
30   no case will the combined surcharge imposed under this subsection (1)
31   paid by all members of an affiliated group be more than nine million
32   dollars annually.
33       (c) ((For persons subject to the surcharge imposed under this
34   subsection (1) that report under one or more tax classifications, the
35   surcharge applies only to business activities taxed under RCW
36   82.04.290(2).
37       (d))) The surcharge imposed under this subsection (1) must be
38   reported and paid on a quarterly basis in a manner as required by the
39   department. Returns and amounts payable under this subsection (1) are
                                     p. 49                         SB 5482
 1   due by the last day of the month immediately following the end of the
 2   reporting period covered by the return. All other taxes must be
 3   reported and paid as required under RCW 82.32.045.
 4       (((e))) (d)(i) To aid in the effective administration of the
 5   surcharge in this subsection (1), the department may require persons
 6   believed to be engaging in advanced computing or affiliated with a
 7   person believed to be engaging in advanced computing to disclose
 8   whether they are a member of an affiliated group and, if so, to
 9   identify all other members of the affiliated group subject to the
10   surcharge.
11       (ii) If the department establishes, by clear, cogent, and
12   convincing evidence, that one or more members of an affiliated group,
13   with intent to evade the surcharge under this subsection (1), failed
14   to fully comply with this subsection (1)(((e))) (d), the department
15   must assess against that person, or those persons collectively, a
16   penalty equal to fifty percent of the amount of the total surcharge
17   payable by all members of that affiliated group for the calendar year
18   during which the person or persons failed to fully comply with this
19   subsection (1)(((e))) (d). The penalty under this subsection (1)
20   (((e))) (d) is in lieu of and not in addition to the evasion penalty
21   under RCW 82.32.090(7).
22       (((f))) (e) For the purposes of this subsection (1) the following
23   definitions apply:
24       (i) "Advanced computing" means designing or developing computer
25   software or computer hardware, whether directly or contracting with
26   another person, including: Modifications to computer software or
27   computer hardware; cloud computing services; or operating as a
28   marketplace facilitator as defined by RCW 82.08.0531, an online
29   search engine, or online social networking platform;
30       (ii) (("Affiliate" and "affiliated" means a person that directly
31   or indirectly, through one or more intermediaries, controls, is
32   controlled by, or is under common control with another person;
33       (iii) "Affiliated group" means a group of two or more persons
34   that are affiliated with each other;
35       (iv))) "Cloud computing services" means on-demand delivery of
36   computing   resources,    such   as   networks,    servers,   storage,
37   applications, and services, over the internet;
38       (((v) "Control" means the possession, directly or indirectly, of
39   more than fifty percent of the power to direct or cause the direction


                                     p. 50                         SB 5482
 1   of the management and policies of a person, whether through the
 2   ownership of voting shares, by contract, or otherwise;)) and
 3       (((vi))) (iii) "Select advanced computing business" means a
 4   person who is a member of an affiliated group with at least one
 5   member of the affiliated group engaging in the business of advanced
 6   computing, and the affiliated group has worldwide gross revenue of
 7   more than twenty-five billion dollars during the immediately
 8   preceding calendar year. A person who is primarily engaged within
 9   this state in the provision of commercial mobile service, as that
10   term is defined in 47 U.S.C. Sec. 332(d)(1), shall not be considered
11   a select advanced computing business. A person who is primarily
12   engaged in this state in the operation and provision of access to
13   transmission facilities and infrastructure that the person owns or
14   leases for the transmission of voice, data, text, sound, and video
15   using wired telecommunications networks shall not be considered a
16   select advanced computing business. A person that is primarily
17   engaged in business as a "financial institution" as defined in RCW
18   82.04.29004, as that section existed on January 1, 2020, shall not be
19   considered a select advanced computing business. For purposes of this
20   subsection (1)(((f)(vi))) (e)(iii), "primarily" is determined based
21   on gross income of the business.
22       (2)(a) The workforce education investment surcharge under this
23   section does not apply to:
24       (i) Any hospital as defined in RCW 70.41.020, including any
25   hospital that comes within the scope of chapter 71.12 RCW if the
26   hospital is also licensed under chapter 70.41 RCW; or
27       (ii) A provider clinic offering primary care, multispecialty and
28   surgical services, including behavioral health services, and any
29   affiliate of the provider clinic if the affiliate is an organization
30   that offers health care services or provides administrative support
31   for a provider clinic, or is an independent practice association or
32   accountable care organization.
33       (b) The exemptions under this subsection (2) do not apply to
34   amounts received by any member of an affiliated group other than the
35   businesses described in (a) of this subsection.
36       (c) For purposes of the exemption in (a)(ii) of this subsection:
37       (i) "Health care services" means services offered by health care
38   providers relating to the prevention, cure, or treatment of illness,
39   injury, or disease.


                                     p. 51                         SB 5482
1        (ii) "Primary care" means wellness and prevention services and
2    the diagnosis and treatment of health conditions.
3        (3) Revenues from the surcharge under this section must be
4    deposited directly into the workforce education investment account
5    established in RCW 43.79.195.
6        (4) The department has the authority to determine through an
7    audit or other investigation whether a person is subject to the
8    surcharge imposed in this section.

 9                                  PART V
10     REPORTING AND PAYMENT OF MARGIN TAX AND SURCHARGES—PENALTIES AND
11                                 INTEREST


12       Sec. 501.    RCW 82.04.510 and 1961 c 15 s 82.04.510 are each
13   amended to read as follows:
14       All of the provisions contained in chapter 82.32 RCW shall have
15   full force and application with respect to taxes imposed under the
16   provisions   of   this  chapter.   Taxpayers submitting  ((monthly))
17   quarterly estimates of taxes due under ((this chapter shall be))
18   section 202 of this act are subject to the provisions of chapter
19   82.32 RCW ((if they fail to remit ninety percent of the taxes
20   actually collected or due for the reporting period)) for any
21   estimated payment that is substantially underpaid as provided in RCW
22   82.32.090(2) or not paid by the date due.


23       Sec. 502. RCW 82.32.045 and 2022 c 295 s 2 are each amended to
24   read as follows:
25       (1) Except as otherwise provided in this ((chapter and subsection
26   (6) of this section)) title, payments of the taxes imposed under
27   chapters 82.04, 82.08, 82.12, 82.14, and 82.16 RCW, along with
28   reports and returns on forms prescribed by the department, are due
29   monthly within twenty-five days after the end of the month in which
30   the taxable activities occur. For taxpayers subject to the taxes
31   imposed in section 202 of this act, reports and returns for those
32   taxes are due annually as provided in subsection (3) of this section.
33       (2) The department of revenue may relieve any taxpayer or class
34   of taxpayers from the obligation of remitting monthly and may require
35   the return to cover other longer reporting periods, but in no event
36   may returns be filed for a period greater than one year. Except as
37   provided in subsection (3) of this section, for these taxpayers, tax
                                     p. 52                         SB 5482
 1   payments are due on or before the last day of the month next
 2   succeeding the end of the period covered by the return.
 3       (3)(a) For annual filers, tax payments, along with reports and
 4   returns on forms prescribed by the department, are due on or before
 5   April 15th of the year immediately following the end of the period
 6   covered by the return.
 7       (b) For taxpayers subject to the margin tax under section 202 of
 8   this act:
 9       (i) Reports and returns on forms prescribed by the department are
10   due annually on or before April 15th of the year immediately
11   following the end of the tax year covered by the return.
12       (ii) Estimated margin tax payments must be made for a tax year by
13   taxpayers that owed $20,000 or more in the immediately preceding tax
14   year or will owe $20,000 or more in tax due under section 202 of this
15   act for that tax year.
16       (A) Estimated margin tax payments required in this subsection (3)
17   are due quarterly on or before the last day of the month immediately
18   following the end of the calendar quarter.
19       (B) For taxpayers that were engaged in business in this state
20   during the entire immediately preceding tax year and filed a tax
21   return for that tax year for taxes due under section 202 of this act,
22   each estimated margin tax payment equals 25 percent of the taxpayer's
23   total tax liability on that return. Upon a taxpayer's request, the
24   department may allow a taxpayer to calculate its own estimated
25   payment amount if the taxpayer certifies that it expects that its tax
26   due under section 202 of this act for the current tax year to be at
27   least 20 percent greater or less than its tax due under section 202
28   of this act for the previous tax year.
29       (C) For the first tax year of margin taxes due under section 202
30   of this act, or for taxpayers who were not engaged in business in
31   this state during the entire immediately preceding tax year or who
32   did not file a return for taxes due under section 202 of this act for
33   that tax year, estimated payments equal 25 percent of the estimated
34   tax liability under section 202 of this act for the current tax year
35   as determined by the taxpayer.
36       (D) At least 30 days before estimated payments are due, the
37   department must electronically notify registered taxpayers of their
38   responsibility for making an estimated payment, the due date of the
39   estimated payment, and, as applicable, the amount of estimated
40   payment due.
                                     p. 53                         SB 5482
 1       (E) A taxpayer that does not make an estimated payment under this
 2   subsection (3)(b) by the date due or that substantially underpays
 3   their estimated payment is subject to applicable penalties under RCW
 4   82.32.090.
 5       (F) Any additional taxes due under section 202 of this act must
 6   be paid with the annual return due April 15th. If the tax due is
 7   overpaid, the department must issue a refund in accordance with RCW
 8   82.32.060.
 9       (iii) This subsection (3)(b) does not apply to the surcharges in
10   RCW 82.04.261, 82.04.285, 82.04.286, 82.04.290, 82.04.29004, and
11   82.04.299. Returns and payments for these surcharges must be reported
12   and paid as otherwise provided in this section and, in the case of
13   the surcharge on select advanced computing businesses, RCW 82.04.299.
14       (4) The department of revenue may also require verified annual
15   returns from any taxpayer, setting forth such additional information
16   as it may deem necessary to correctly determine tax liability.
17       (5) Notwithstanding subsections (1) and (2) of this section, the
18   department may relieve any ((person)) taxpayer of the requirement to
19   file returns if the following conditions are met:
20       (a) The ((person's)) taxpayer's value of products, gross proceeds
21   of sales, or gross income of the business, from all business
22   activities taxable under chapter 82.04 RCW, is less than (($125,000))
23   $500,000 per year;
24       (b) The ((person's)) taxpayer's gross income of the business from
25   all activities taxable under chapter 82.16 RCW is less than twenty-
26   four thousand dollars per tax year; and
27       (c) The ((person)) taxpayer is not required to collect or pay to
28   the department of revenue any other tax or fee which the department
29   is authorized to collect.
30       (6)(a) Taxes imposed under chapter 82.08 or 82.12 RCW on taxable
31   events that occur beginning January 1, 2019, through June 30, 2019,
32   and payable by a consumer directly to the department are due, on
33   returns prescribed by the department, by July 25, 2019.
34       (b) This subsection (6) does not apply to the reporting and
35   payment of taxes imposed under chapters 82.08 and 82.12 RCW:
36       (i) On the retail sale or use of motor vehicles, vessels, or
37   aircraft; or
38       (ii) By consumers who are engaged in business, unless the
39   department has relieved the consumer of the requirement to file
40   returns pursuant to subsection (5) of this section.
                                     p. 54                         SB 5482
 1       Sec. 503. RCW 82.32.057 and 2022 c 282 s 1 are each amended to
 2   read as follows:
 3       (1) Except as otherwise provided in this chapter, interest
 4   applies to taxes that are not paid by the original due date even
 5   though the department has granted an extension as authorized under
 6   this chapter. However, the department may not assess penalties for
 7   late payment of any such tax that is paid in full by the extended due
 8   date.
 9       (2) For purposes of this section, "taxes" includes estimated
10   taxes due under RCW 82.32.045.


11       Sec. 504.   RCW 82.32.090 and 2015 3rd sp.s. c 5 s 401 are each
12   amended to read as follows:
13       (1) If payment of any tax due on a return to be filed by a
14   taxpayer is not received by the department of revenue by the due
15   date, there is assessed a penalty of nine percent of the amount of
16   the tax; and if the tax is not received on or before the last day of
17   the month following the due date, there is assessed a total penalty
18   of nineteen percent of the amount of the tax under this subsection;
19   and if the tax is not received on or before the last day of the
20   second month following the due date, there is assessed a total
21   penalty of twenty-nine percent of the amount of the tax under this
22   subsection. No penalty so added may be less than five dollars.
23       (2) If the department of revenue determines that any tax or
24   estimated tax payment due under RCW 82.32.045 has been substantially
25   underpaid, there is assessed a penalty of five percent of the amount
26   of the tax determined by the department to be due. If payment of any
27   tax determined by the department to be due is not received by the
28   department by the due date specified in the notice, or any extension
29   thereof, including any estimated payment due under RCW 82.32.045 and
30   billed to the taxpayer by the department, there is assessed a total
31   penalty of fifteen percent of the amount of the tax under this
32   subsection; and if payment of any tax determined by the department to
33   be due is not received on or before the thirtieth day following the
34   due date specified in the notice of tax due, or any extension
35   thereof, including any estimated payment due under RCW 82.32.045 and
36   billed to the taxpayer by the department, there is assessed a total
37   penalty of twenty-five percent of the amount of the tax under this
38   subsection. No penalty so added may be less than five dollars. As
39   used in this section, "substantially underpaid" means that the
                                     p. 55                         SB 5482
 1   taxpayer has paid less than eighty percent of the amount of tax
 2   determined by the department to be due for all of the types of taxes
 3   included in, and for the entire period of time covered by, the
 4   department's examination, and the amount of underpayment is at least
 5   one thousand dollars. In the case of an estimated payment due under
 6   RCW 82.32.045, "substantially underpaid" means that the taxpayer has
 7   paid less than 90 percent of the amount of estimated payment billed
 8   to the taxpayer, or when the taxpayer calculates the amount of its
 9   estimated payments, the aggregate amount of estimated payments for
10   the tax year is less than 90 percent of the taxpayer's actual tax
11   liability under section 202 of this act for that tax year.
12       (3) If a warrant is issued by the department of revenue for the
13   collection of taxes, increases, and penalties, there is added thereto
14   a penalty of ten percent of the amount of the tax, but not less than
15   ten dollars.
16       (4) If the department finds that a ((person)) taxpayer has
17   engaged in any business or performed any act upon which a tax is
18   imposed under this title and that ((person)) taxpayer has not
19   obtained from the department a registration certificate as required
20   by RCW 82.32.030, the department must impose a penalty of five
21   percent of the amount of tax due from that ((person)) taxpayer for
22   the period that the ((person)) taxpayer was not registered as
23   required by RCW 82.32.030. The department may not impose the penalty
24   under this subsection (4) if a ((person)) taxpayer who has engaged in
25   business taxable under this title without first having registered as
26   required by RCW 82.32.030, prior to any notification by the
27   department of the need to register, obtains a registration
28   certificate from the department.
29       (5) If the department finds that a taxpayer has disregarded
30   specific written instructions as to reporting or tax liabilities, or
31   willfully disregarded the requirement to file returns or remit
32   payment electronically, as provided by RCW 82.32.080, the department
33   must add a penalty of ten percent of the amount of the tax that
34   should have been reported and/or paid electronically or the
35   additional tax found due if there is a deficiency because of the
36   failure to follow the instructions. A taxpayer disregards specific
37   written instructions when the department has informed the taxpayer in
38   writing of the taxpayer's tax obligations and the taxpayer fails to
39   act in accordance with those instructions unless, in the case of a
40   deficiency, the department has not issued final instructions because
                                     p. 56                         SB 5482
 1   the matter is under appeal pursuant to this chapter or departmental
 2   regulations. The department may not assess the penalty under this
 3   section upon any taxpayer who has made a good faith effort to comply
 4   with the specific written instructions provided by the department to
 5   that taxpayer. A taxpayer will be considered to have made a good
 6   faith effort to comply with specific written instructions to file
 7   returns and/or remit taxes electronically only if the taxpayer can
 8   show good cause, as defined in RCW 82.32.080, for the failure to
 9   comply with such instructions. A taxpayer will be considered to have
10   willfully disregarded the requirement to file returns or remit
11   payment electronically if the department has mailed or otherwise
12   delivered the specific written instructions to the taxpayer on at
13   least two occasions. Specific written instructions may be given as a
14   part of a tax assessment, audit, determination, closing agreement, or
15   other written communication, provided that such specific written
16   instructions apply only to the taxpayer addressed or referenced on
17   such communication. Any specific written instructions by the
18   department must be clearly identified as such and must inform the
19   taxpayer that failure to follow the instructions may subject the
20   taxpayer to the penalties imposed by this subsection. If the
21   department determines that it is necessary to provide specific
22   written instructions to a taxpayer that does not comply with the
23   requirement to file returns or remit payment electronically as
24   provided in RCW 82.32.080, the specific written instructions must
25   provide the taxpayer with a minimum of forty-five days to come into
26   compliance with its electronic filing and/or payment obligations
27   before the department may impose the penalty authorized in this
28   subsection.
29       (6) If the department finds that all or any part of a deficiency
30   resulted from engaging in a disregarded transaction, as described in
31   RCW 82.32.655(3), the department must assess a penalty of thirty-five
32   percent of the additional tax found to be due as a result of engaging
33   in   a  transaction   disregarded   by  the   department  under   RCW
34   82.32.655(2). The penalty provided in this subsection may be assessed
35   together with any other applicable penalties provided in this section
36   on the same tax found to be due, except for the evasion penalty
37   provided in subsection (7) of this section. The department may not
38   assess the penalty under this subsection if, before the department
39   discovers the taxpayer's use of a transaction described under RCW


                                     p. 57                         SB 5482
 1   82.32.655(3), the taxpayer discloses its participation in the
 2   transaction to the department.
 3       (7) If the department finds that all or any part of the
 4   deficiency resulted from an intent to evade the tax payable
 5   hereunder, a further penalty of fifty percent of the additional tax
 6   found to be due must be added.
 7       (8) The penalties imposed under subsections (1) through (4) of
 8   this section can each be imposed on the same tax found to be due.
 9   This subsection does not prohibit or restrict the application of
10   other penalties authorized by law.
11       (9) The department may not impose the evasion penalty in
12   combination with the penalty for disregarding specific written
13   instructions or the penalty provided in subsection (6) of this
14   section on the same tax found to be due.
15       (10) For the purposes of this section, "return" means any
16   document a ((person)) taxpayer is required by the state of Washington
17   to file, whether by paper or electronically, to satisfy or establish
18   a tax or fee obligation that is administered or collected by the
19   department, and that has a statutorily defined due date. "Return"
20   includes any form a taxpayer must file to report an estimated margin
21   tax payment as calculated by the taxpayer pursuant to RCW 82.32.045.


22                                  PART VI
23                           CONFORMING AMENDMENTS


24       Sec. 601. RCW 9.41.100 and 1994 sp.s. c 7 s 415 are each amended
25   to read as follows:
26       Every dealer shall be licensed as provided in RCW 9.41.110 and
27   shall register with the department of revenue as provided in
28   chapter((s 82.04 and)) 82.32 RCW.

29       Sec. 602.   RCW 9.46.071 and 2019 c 213 s 1 are each amended to
30   read as follows:
31       (1)(a) The legislature recognizes that some individuals in this
32   state have a gambling problem or gambling disorder. Because the state
33   promotes and regulates gambling through the activities of the state
34   lottery commission, the Washington horse racing commission, and the
35   Washington   state   gambling   commission,   the    state  has   the
36   responsibility to continue to provide resources for the support of
37   services for problem gambling and gambling disorders.
                                     p. 58                         SB 5482
 1       (b) The Washington state gambling commission, the Washington
 2   horse racing commission, and the state lottery commission shall
 3   jointly develop problem gambling and gambling disorder informational
 4   signs which include a toll-free hotline number for individuals with a
 5   gambling problem or gambling disorder. The signs shall be placed in
 6   the establishments of gambling licensees, horse racing licensees, and
 7   lottery retailers.
 8       (c) The Washington state gambling commission, the Washington
 9   horse racing commission, and the state lottery commission may also
10   contract with other qualified entities to provide public awareness,
11   training, and other services to ensure the intent of this section is
12   fulfilled.
13       (d) Individuals and families impacted by a gambling problem or
14   gambling disorder will benefit from the availability of a uniform
15   self-exclusion   program  where   people   may  voluntarily   exclude
16   themselves from gambling at multiple gambling establishments by
17   submitting one self-exclusion form to the state from one location for
18   all gambling activities. Therefore, the Washington state gambling
19   commission must establish a statewide self-exclusion program for all
20   licensees. The commission has discretion in establishing the scope,
21   process, and requirements of the self-exclusion program, including
22   denying, suspending, or revoking an application, license, or permit.
23   However, the initial program must comply with the following minimum
24   requirements:
25       (i) The program must allow persons to voluntarily exclude
26   themselves from gambling at authorized gambling establishments that
27   offer house-banked social card games;
28       (ii) The program must have a process for federally recognized
29   Indian tribes or tribal enterprises that own gambling operations or
30   facilities with class III gaming compacts to voluntarily participate
31   in the self-exclusion program;
32       (iii) Any individual registered with the self-exclusion program
33   created under this section is prohibited from participating in
34   gambling activities associated with this program and forfeits all
35   moneys and things of value obtained by the individual or owed to the
36   individual by an authorized gambling establishment as a result of
37   prohibited wagers or gambling activities. The commission may adopt
38   rules for the forfeiture of any moneys or things of value, including
39   wagers, obtained by an authorized gambling establishment while an


                                     p. 59                         SB 5482
 1   individual is registered with the self-exclusion program created
 2   under this section.
 3       Moneys and things of value forfeited under the self-exclusion
 4   program must be distributed to the problem gambling account created
 5   in RCW 41.05.751 and/or a charitable or nonprofit organization that
 6   provides problem gambling services or increases awareness about
 7   problem gambling pursuant to rules adopted by the commission; and
 8       (iv) The commission must adopt rules establishing the self-
 9   exclusion program by June 30, 2021.
10       (e) An individual who participates in the self-exclusion program
11   does not have a cause of action against the state of Washington, the
12   commission, or any gambling establishment, its employees, or officers
13   for any acts or omissions in processing or enforcing the requirements
14   of the self-exclusion program, including a failure to prevent an
15   individual from gambling at an authorized gambling establishment.
16       (f) Any personal information collected, stored, or accessed under
17   the self-exclusion program may only be used for the administration of
18   the self-exclusion program and may not be disseminated for any
19   purpose other than the administration of the self-exclusion program.
20       (2)(a) During any period in which RCW 82.04.285(((2))) is in
21   effect, the commission may not increase fees payable by licensees
22   under its jurisdiction for the purpose of funding services for
23   problem gambling and gambling disorder. Any fee imposed or increased
24   by the commission, for the purpose of funding these services, before
25   July 1, 2005, has no force and effect after July 1, 2005.
26       (b) During any period in which RCW 82.04.285(((2))) is not in
27   effect:
28       (i) The commission, the Washington state horse racing commission,
29   and the state lottery commission may contract for services, in
30   addition to those authorized in subsection (1) of this section, to
31   assist in providing for problem gambling and gambling disorder
32   treatment; and
33       (ii) The commission may increase fees payable by licensees under
34   its jurisdiction for the purpose of funding the problem gambling and
35   gambling disorder services authorized in this section.


36       Sec. 603.   RCW 9.91.180 and 2003 c 365 s 2 are each amended to
37   read as follows:
38       (1) A person who sells, rents, or permits to be sold or rented,
39   any video or computer game they know to be a violent video or
                                     p. 60                         SB 5482
 1   computer game to any minor has committed a class 1 civil infraction
 2   as provided in RCW 7.80.120.
 3       (2) "Minor" means a person under seventeen years of age.
 4       (3) "Person" means a retailer engaged in the business of selling
 5   or renting video or computer games including any individual,
 6   partnership, corporation, or association who is ((subject to the tax
 7   on retailers under RCW 82.04.250)) required to collect retail sales
 8   tax under chapter 82.08 RCW.
 9       (4) "Violent video or computer game" means a video or computer
10   game that contains realistic or photographic-like depictions of
11   aggressive conflict in which the player kills, injures, or otherwise
12   causes physical harm to a human form in the game who is depicted, by
13   dress or other recognizable symbols, as a public law enforcement
14   officer.


15       Sec. 604.   RCW 28C.18.200 and 2020 c 2 s 1 are each amended to
16   read as follows:
17       (1) The workforce education investment accountability and
18   oversight board is established. The board consists of seventeen
19   members, as provided in this subsection:
20       (a) Four members of the legislature consisting of the chairs and
21   ranking minority members of the respective higher education and
22   workforce development committees of the senate and house of
23   representatives, ex officio; and
24       (b) The following members appointed by the governor with the
25   consent of the senate:
26       (i) Five members representing the businesses described in RCW
27   82.04.299 or subject to the ((tax rate)) surcharge under RCW
28   82.04.290(((2)(a)(i)));
29       (ii) Two members representing labor organizations, one of which
30   must have expertise in registered apprenticeships and training a
31   high-demand workforce and one of which must represent faculty at the
32   four-year institutions of higher education;
33       (iii) Two members representing the institutions of higher
34   education, as defined in RCW 28B.10.016, one of which must be from
35   the four-year sector and one of which must be from the community and
36   technical college sector;
37       (iv) Two members representing students, one of which must be a
38   community and technical college student;


                                     p. 61                        SB 5482
 1       (v) One member representing the independent, not-for-profit
 2   higher education institutions; and
 3       (vi) One member representing the student achievement council,
 4   established under chapter 28B.77 RCW.
 5       (2) Except for ex officio and student members, board members
 6   shall hold their offices for a term of three years until their
 7   successors are appointed. Student board members shall hold one-year
 8   terms.
 9       (3) The board shall have two cochairs. One cochair shall be one
10   of the chairs of the respective higher education and workforce
11   development committees of the legislature and the other cochair shall
12   be one of the board members representing the businesses described in
13   RCW 82.04.299 or subject to the ((tax rate)) surcharge under RCW
14   82.04.290(((2)(a)(i))). The cochairs shall hold the position for a
15   one-year term. The board members shall elect the cochairs annually.
16       (4) Nine voting members of the board constitute a quorum for the
17   transaction of business. The board shall meet four times a year.
18       (5) Staff support for the board shall be provided by the
19   workforce training and education coordinating board established in
20   this chapter.
21       (6) The purposes of the board are to:
22       (a) Provide guidance and recommendations to the legislature on
23   what workforce education priorities should be funded with the
24   workforce education investment account; and
25       (b)   Ensure   accountability   that   the   workforce    education
26   investments funded with the workforce education investment account
27   are producing the intended results and are effectively increasing
28   student success and career readiness, such as by increasing
29   retention, completion, and job placement rates.
30       (7) The board shall consult data from the education data center
31   established under RCW 43.41.400 and the workforce training and
32   education coordinating board established under this chapter when
33   reviewing and determining whether workforce education investments
34   funded   from  the   workforce   education   investment   account   are
35   effectively increasing student success and career readiness.
36       (8) The board shall report its recommendations to the appropriate
37   committees of the legislature by August 1st of each year.
38       (9) For the purposes of this section, "board" means the workforce
39   education investment accountability and oversight board established
40   in this section.
                                      p. 62                         SB 5482
 1       Sec. 605. RCW 35.87A.010 and 2021 c 225 s 1 are each amended to
 2   read as follows:
 3       To    aid    general   economic    development  and    neighborhood
 4   revitalization, and to facilitate the cooperation of merchants,
 5   businesses, and residential property owners which assists trade,
 6   economic    viability,   and   liveability,   the  legislature   hereby
 7   authorizes all counties and all incorporated cities and towns,
 8   including unclassified cities and towns operating under special
 9   charters:
10       (1) To establish, after a petition submitted by the operators
11   responsible for sixty percent of the assessments by businesses and
12   multifamily residential or mixed-use projects within the area,
13   parking and business improvement areas, hereafter referred to as area
14   or areas, for the following purposes:
15       (a) The acquisition, construction or maintenance of parking
16   facilities for the benefit of the area;
17       (b) Decoration of any public place in the area;
18       (c) Sponsorship or promotion of public events which are to take
19   place on or in public places in the area;
20       (d) Furnishing of music in any public place in the area;
21       (e) Providing professional management, planning, and promotion
22   for the area, including the management and promotion of retail trade
23   activities in the area;
24       (f) Providing maintenance and security for common, public areas;
25   or
26       (g) Providing transportation services for the benefit of the
27   area.
28       (2)(a) To levy special assessments on all businesses and
29   multifamily residential or mixed-use projects within the area and
30   specially benefited by a parking and business improvement area to pay
31   in whole or in part the damages or costs incurred therein as provided
32   in this chapter.
33       (b) A lodging business may, but is not required to, collect any
34   special assessment amount from its guests in the form of a separately
35   stated charge per night on the sale of lodging taxable by the state
36   under chapter 82.08 RCW. Such charges must be separately stated from
37   the room rate on the invoice, bill of sale, or similar document
38   provided by the lodging business to the guest. A lodging business
39   that collects a special assessment from its guests as authorized
40   under this subsection (2)(b) is deemed to be collecting the
                                      p. 63                         SB 5482
1    assessment amount from its guests as agent for the jurisdiction
2    levying the special assessment. Such per night charges are not part
3    of the selling price under RCW 82.08.010 for state and local sales
4    tax purposes, nor are they part of the gross proceeds of sales of the
5    lodging business for purposes of ((state business and occupation))
6    the margin tax((es)) imposed under chapter 82.04 RCW.

 7       Sec. 606. RCW 35.102.160 and 2006 c 301 s 6 are each amended to
 8   read as follows:
 9       (1) A city that imposes its business and occupation tax on
10   professional employer services performed by a professional employer
11   organization, regardless of the tax classification applicable to such
12   services, ((shall)) must provide a deduction ((identical to the
13   deduction in RCW 82.04.540(2))) from the gross income of the business
14   derived from performing professional employer services that is equal
15   to the portion of the fee charged to a client that represents the
16   actual cost of wages and salaries, benefits, workers' compensation,
17   payroll taxes, withholding, or other assessments paid to or on behalf
18   of a covered employee by the professional employer organization under
19   a professional employer agreement.
20       (2) For the purposes of this section, (("professional employer
21   organization" and "professional employer services" have the same
22   meanings as)) the definitions in RCW 82.04.540 apply.


23       Sec. 607. RCW 43.06.400 and 2013 c 225 s 605 are each amended to
24   read as follows:
25       (1) Beginning in January 1984, and in January of every fourth
26   year thereafter, the department of revenue must submit to the
27   legislature prior to the regular session a listing of the amount of
28   reduction for the current and next biennium in the revenues of the
29   state or the revenues of local government collected by the state as a
30   result of tax exemptions. The listing must include an estimate of the
31   revenue lost from the tax exemption, the purpose of the tax
32   exemption, the persons, organizations, or parts of the population
33   which benefit from the tax exemption, and whether or not the tax
34   exemption conflicts with another state program. The listing must
35   include but not be limited to the following revenue sources:
36       (a) Real and personal property tax exemptions under Title 84 RCW;
37       (b) Business and occupation tax exemptions, deductions, and
38   credits under chapter 82.04 RCW;
                                     p. 64                         SB 5482
 1        (c) Retail sales and use tax exemptions under chapters 82.08,
 2   82.12, and 82.14 RCW;
 3       (d) Public utility tax exemptions and deductions under chapter
 4   82.16 RCW;
 5        (e) Food fish and shellfish tax exemptions under chapter 82.27
 6   RCW;
 7       (f) Leasehold excise tax exemptions under chapter 82.29A RCW;
 8        (g) Motor vehicle and special fuel tax exemptions and refunds
 9   under chapter 82.38 RCW;
10        (h) Aircraft fuel tax exemptions under chapter 82.42 RCW;
11        (i) Motor vehicle excise tax exclusions under chapter 82.44 RCW;
12   ((and))
13        (j) Insurance premiums tax exemptions under chapter 48.14 RCW;
14   and
15       (k) Margin tax exemptions, deductions, credits, and exclusions
16   under chapter 82.04 RCW.
17       (2) The department of revenue must prepare the listing required
18   by this section with the assistance of any other agencies or
19   departments as may be required.
20       (3) The department of revenue must present the listing to the
21   ways and means committees of each house in public hearings.
22       (4) Beginning in January 1984, and every four years thereafter
23   the governor is requested to review the report from the department of
24   revenue and may submit recommendations to the legislature with
25   respect to the repeal or modification of any tax exemption. The ways
26   and means committees of each house and the appropriate standing
27   committee of each house must hold public hearings and take
28   appropriate action on the recommendations submitted by the governor.
29       (5) As used in this section, "tax exemption" means an exemption,
30   exclusion, or deduction from the base of a tax; a credit against a
31   tax; a deferral of a tax; or a preferential tax rate.
32       (6) For purposes of the listing due in January 2012, the
33   department of revenue does not have to prepare or update the listing
34   with respect to any tax exemption that would not be likely to
35   increase state revenue if the exemption was repealed or otherwise
36   eliminated.


37       Sec. 608. RCW 43.79.195 and 2021 c 334 s 971 and 2021 c 170 s 6
38   are each reenacted and amended to read as follows:


                                     p. 65                         SB 5482
 1       (1) The workforce education investment account is created in the
 2   state treasury. All revenues from the workforce investment surcharge
 3   created in RCW 82.04.299 and those revenues as specified under RCW
 4   82.04.290(((2)(c))) must be deposited directly into the account.
 5   Moneys in the account may be spent only after appropriation.
 6   Expenditures from the account may be used only for higher education
 7   programs, higher education operations, higher education compensation,
 8   state-funded   student  aid   programs,   and  workforce   development
 9   including career connected learning as defined by RCW 28C.30.020. For
10   the 2021-2023 fiscal biennium, expenditures from the account may be
11   used for kindergarten through twelfth grade if used for career
12   connected learning as provided for in chapter 406, Laws of 2019.
13       (2) Expenditures from the workforce education investment account
14   must be used to supplement, not supplant, other federal, state, and
15   local funding for higher education.


16       Sec. 609. RCW 43.365.020 and 2022 c 270 s 4 are each amended to
17   read as follows:
18       (1) The department must adopt criteria for the approved motion
19   picture competitiveness program with the sole purpose of revitalizing
20   the state's economic, cultural, and educational standing in the
21   national and international market of motion picture production. Rules
22   adopted by the department shall allow the program, within the
23   established criteria, to provide funding assistance only when it
24   captures economic opportunities for Washington's communities and
25   businesses and shall only be provided under a contractual arrangement
26   with a private entity. In establishing the criteria, the department
27   shall consider:
28       (a) The additional income and tax revenue to be retained in the
29   state for general purposes;
30       (b) The creation and retention of family-wage jobs which provide
31   health insurance and payments into a retirement plan;
32       (c) The impact of motion picture projects to maximize in-state
33   labor and the use of in-state film production and film postproduction
34   companies;
35       (d) The impact upon the local economies and the state economy as
36   a whole, including multiplier effects;
37       (e) The intangible impact on the state and local communities that
38   comes with motion picture projects;


                                     p. 66                         SB 5482
 1       (f) The regional, national, and international competitiveness of
 2   the motion picture filming industry;
 3       (g) The revitalization of the state as a premier venue for motion
 4   picture production and national television commercial campaigns;
 5       (h) Partnerships with the private sector to bolster film
 6   production in the state and serve as an educational and cultural
 7   purpose for its citizens;
 8       (i) The vitality of the state's motion picture industry as a
 9   necessary and critical factor in promoting the state as a premier
10   tourist and cultural destination;
11       (j) Giving preference to additional seasons of television series
12   that have previously qualified and to motion picture productions that
13   tell stories of marginalized communities; and
14       (k) Other factors the department may deem appropriate for the
15   implementation of this chapter.
16       (2) The board of directors shall create and administer an account
17   for carrying out the purposes of subsection (4) of this section.
18       (3) The board's goal must be to commit at least 20 percent of
19   funding assistance to motion picture productions located or filmed in
20   rural communities and 20 percent of funding assistance to motion
21   picture productions that tell stories of marginalized communities.
22        (4) Money received by the approved motion picture competitiveness
23   program shall be used only for:
24       (a) Health insurance and payments into a retirement plan, and
25   other costs associated with film production;
26       (b) Staff and related expenses to maintain the program's proper
27   administration and operation;
28       (c) Supporting the growth and development of the Washington state
29   film    industry   through   career   connected   learning,  workforce
30   development, and business development with a focus on better
31   supporting people from marginalized or rural communities; and
32       (d)    Developing  resources   to  facilitate   filming in   rural
33   communities including, but not limited to, economic development
34   grants for filming, training for film liaisons, information about
35   film permitting processes, and grants to support the expansion of
36   location database collateral.
37       (5) Except as provided otherwise in subsections (8) and (9) of
38   this section, maximum funding assistance from the approved motion
39   picture competitiveness program is limited to an amount up to thirty
40   percent of the total actual investment in the state of at least:
                                     p. 67                         SB 5482
 1       (a) Five hundred thousand dollars for a single motion picture
 2   produced in Washington state; or
 3       (b) One hundred fifty thousand dollars for a television
 4   commercial associated with a national or regional advertisement
 5   campaign produced in Washington state.
 6       (6) Except as provided otherwise in subsections (8) and (9) of
 7   this section, maximum funding assistance from the approved motion
 8   picture competitiveness program is limited to an amount up to thirty-
 9   five percent of the total actual investment of at least three hundred
10   thousand dollars per episode produced in Washington state. A minimum
11   of six episodes of a series must be produced to qualify under this
12   subsection. A maximum of up to thirty percent of the total actual
13   investment from the approved motion picture competitiveness program
14   may be awarded to an episodic series of less than six episodes.
15       (7) With respect to costs associated with nonstate labor for
16   motion pictures and episodic services, funding assistance from the
17   approved motion picture competitiveness program is limited to an
18   amount up to fifteen percent of the total actual investment used for
19   costs associated with nonstate labor. To qualify under this
20   subsection, the production must have a labor force of at least
21   eighty-five percent of Washington residents. The board may establish
22   additional criteria to maximize the use of in-state labor.
23       (8)(a) The approved motion picture competitiveness program may
24   allocate an annual aggregate of no more than ten percent of the
25   qualifying contributions by the program ((under RCW 82.04.4489)) to
26   provide funding support for filmmakers who are Washington residents,
27   new forms of production, and emerging technologies.
28       (i) Up to thirty percent of the actual investment for a motion
29   picture with an actual investment lower than that of motion pictures
30   under subsection (5)(a) of this section; or
31       (ii) Up to thirty percent of the actual investment of an
32   interactive motion picture intended for multiplatform exhibition and
33   distribution.
34       (b) Subsections (5) and (6) of this section do not apply to this
35   subsection.
36       (9)(a) In addition to the maximum funding assistance established
37   in subsections (5) and (6) of this section, up to a 10 percent
38   enhancement award on a motion picture production's state investment
39   must be given for motion pictures: (i) Located or filmed in a rural
40   community; or (ii) that tell stories of marginalized communities.
                                     p. 68                         SB 5482
 1       (b)   Total   actual  investment   requirements   established   in
 2   subsections (5) and (6) of this section apply to this subsection (9).
 3       (10)(a) Funding assistance must include up to $3,000,000 for
 4   small motion picture productions produced in Washington state,
 5   subject to subsection (11) of this section, that are creatively
 6   driven by Washington residents. To qualify, the small motion picture
 7   production must have at least two Washington residents in any
 8   combination of the following positions: Writer, director, producer,
 9   or lead actor. An entity seeking funding assistance for a small
10   motion picture production must demonstrate that the amount of the
11   total actual investment for the production is less than $1,000,000.
12       (b) Maximum funding assistance and total actual investment
13   requirements, established in subsections (5), (6), (7), (8), and (9)
14   of this section apply to small motion picture productions. The
15   department shall adopt rules as necessary to implement this
16   subsection (10).
17       (11) Funding assistance approval must be determined by the
18   approved motion picture competitiveness program within a maximum of
19   thirty calendar days from when the application is received, if the
20   application is submitted after August 15, 2006. For small motion
21   picture productions, the approved motion picture competitiveness
22   program, after determining a conditional approval of the production,
23   shall hold the production's funding assistance in reserve while the
24   entity seeking funding assistance for the production secures
25   financing for the remainder of the budget. Once the entity seeking
26   funding assistance for the production demonstrates to the program
27   that it has secured the necessary financing, the program shall
28   certify the small motion picture production as approved. If the
29   entity seeking funding assistance cannot demonstrate within six
30   months from the date of conditional approval that it has secured the
31   total budget, the program must make the funding assistance available
32   to other eligible applicants with funding assistance approval.
33       (12) By December 31, 2022, and annually thereafter, the
34   department, on behalf of the board, must report to the legislature on
35   the approved motion picture competitiveness program. This report may
36   include information required in the survey established in RCW
37   43.365.040. At a minimum, the report must include an annual list of
38   recipients awarded financial assistance from the prior year with
39   total estimated production costs, locations of each production, and
40   the board's progress towards the goal of at least 20 percent of its
                                     p. 69                         SB 5482
 1   funding assistance provided to motion picture productions located or
 2   filmed in rural communities and 20 percent of its funding assistance
 3   provided to motion picture productions that tell stories of
 4   marginalized communities. The report must also include information on
 5   workforce development, career connected learning, and business
 6   development activities, including whether they have been scaled up in
 7   size from the previous year and how they are meeting the goal of
 8   supporting people from marginalized communities.
 9       (13) The approved motion picture competitiveness program must
10   allocate funds for training and job placement for marginalized
11   communities as follows:
12       (a) For fiscal years 2023 and 2024, a minimum of $500,000 for
13   each fiscal year; and
14       (b) For each fiscal year on or after July 1, 2024, a minimum of
15   $750,000.


16       Sec. 610. RCW 48.14.080 and 2010 1st sp.s. c 23 s 520 are each
17   amended to read as follows:
18       (1) As to insurers, other than title insurers and taxpayers under
19   RCW 48.14.0201, the taxes imposed by this title are in lieu of all
20   other taxes, except as otherwise provided in this section.
21       (2) Subsection (1) of this section does not apply with respect
22   to:
23       (a) Taxes on real and tangible personal property;
24       (b) Excise taxes on the sale, purchase, use, or possession of (i)
25   real property; (ii) tangible personal property; (iii) extended
26   warranties; (iv) services, including digital automated services as
27   defined in RCW 82.04.192; and (v) digital goods and digital codes as
28   those terms are defined in RCW 82.04.192; and
29       (c) The tax imposed in ((RCW 82.04.260(9), regarding)) section
30   202 of this act as applied to public and nonprofit hospitals.
31       (3) For the purposes of this section, the term "taxes" includes
32   taxes imposed by the state or any county, city, town, municipal
33   corporation,   quasi-municipal   corporation,   or   other   political
34   subdivision.


35       Sec. 611. RCW 48.62.151 and 2009 c 162 s 30 are each amended to
36   read as follows:
37       A joint self-insurance program approved in accordance with this
38   chapter is exempt from insurance premium taxes, from fees assessed
                                     p. 70                         SB 5482
1    under chapter 48.02 RCW, from chapters 48.32 and 48.32A RCW, from
2    ((business and occupations)) taxes imposed under chapter 82.04 RCW,
3    and from any assigned risk plan or joint underwriting association
4    otherwise required by law. This section does not apply to and no
5    exemption is provided for insurance companies issuing policies to
6    cover program risks, nor does it apply to or provide an exemption for
7    third-party administrators, surplus line brokers, or insurance
8    producers serving the self-insurance program.


 9       Sec. 612. RCW 48.64.110 and 2009 c 314 s 12 are each amended to
10   read as follows:
11       A joint self-insurance program approved in accordance with this
12   chapter is exempt from insurance premium taxes, fees assessed under
13   chapter 48.02 RCW, chapters 48.32 and 48.32A RCW, ((business and
14   occupation)) taxes imposed under chapter 82.04 RCW, and any assigned
15   risk plan or joint underwriting association otherwise required by
16   law. This section does not apply to, and no exemption is provided
17   for, insurance companies issuing policies to cover program risks, and
18   does not apply to or provide an exemption for third-party
19   administrators or insurance producers serving the joint self-
20   insurance program.


21       Sec. 613. RCW 48.180.055 and 2015 c 109 s 15 are each amended to
22   read as follows:
23       A joint self-insurance program approved in accordance with this
24   chapter is exempt from insurance premium taxes, fees assessed under
25   chapters 48.02, 48.32, and 48.32A RCW, ((business and occupation))
26   taxes imposed under chapter 82.04 RCW, and any assigned risk plan or
27   joint underwriting association otherwise required by law. This
28   section does not apply to or provide exemptions for insurance
29   companies issuing policies to cover program risks and third-party
30   administrators or insurance producers serving the joint self-
31   insurance program.

32       Sec. 614. RCW 48.190.100 and 2017 c 221 s 11 are each amended to
33   read as follows:
34       A joint self-insurance program approved in accordance with this
35   chapter is exempt from insurance premium taxes, fees assessed under
36   chapter 48.02 RCW, chapters 48.32 and 48.32A RCW, ((business and
37   occupation)) taxes imposed under chapter 82.04 RCW, and any assigned
                                     p. 71                         SB 5482
1    risk plan or joint underwriting association otherwise required by
2    law. This section does not apply to, and no exemption is provided
3    for, insurance companies issuing policies to cover program risks, and
4    does not apply to or provide an exemption for third-party
5    administrators or insurance producers serving the joint self-
6    insurance program.

 7       Sec. 615. RCW 49.04.220 and 2020 c 165 s 4 are each amended to
 8   read as follows:
 9       (1) A significant commercial airplane manufacturer ((receiving
10   the rate of 0.357 percent under RCW 82.04.260(11)(e))) is subject to
11   an aerospace apprenticeship utilization rate of one and five-tenths
12   percent of its qualified apprenticeable workforce in Washington by
13   July 1, 2026, or five years after the effective date of the 0.357
14   percent rate authorized under RCW 82.04.260(11)(e) or the date that
15   the 0.357 percent rate authorized under RCW 82.04.260(11)(e) would
16   have taken effect pursuant to RCW 82.04.260 and 82.04.2602 as those
17   statutes existed on December 31, 2026, whichever is later, as
18   determined by the department of labor and industries.
19       (2) The aerospace industry in Washington, excluding a significant
20   commercial airplane manufacturer, is subject to an aerospace
21   apprenticeship utilization rate of one and five-tenths percent of its
22   qualified apprenticeable workforce in Washington by July 1, 2026, or
23   five years after the effective date of the 0.357 percent rate
24   authorized under RCW 82.04.260(11)(e) or the date that the 0.357
25   percent rate authorized under RCW 82.04.260(11)(e) would have taken
26   effect pursuant to RCW 82.04.260 and 82.04.2602 as those statutes
27   existed on December 31, 2026, whichever is later, as determined by
28   the department of labor and industries.
29       (3) Aerospace employers must report relevant occupation data
30   related to the qualified apprenticeable workforce to the department
31   of labor and industries.
32       (4) The department of labor and industries shall report the
33   aerospace apprenticeship utilization rate to ((the department [of
34   revenue] and)) the appropriate committees of the legislature annually
35   beginning October 1, 2024.
36       (5) The department of labor and industries shall determine
37   aerospace apprenticeship utilization rates under this section based
38   on the framework developed under RCW 49.04.210 and using occupational
39   data reported to the department of labor and industries and/or the
                                     p. 72                         SB 5482
 1   employment security department. For data reported to the department
 2   of labor and industries, the department of labor and industries shall
 3   determine the form and manner in which occupational data is reported,
 4   consistent with the framework developed under RCW 49.04.210, and may
 5   adopt rules to ensure full participation within the industry
 6   necessary to implement the requirements of this section. The
 7   department of labor and industries, consulting with the department of
 8   revenue, may also require additional information on the annual tax
 9   performance report under RCW 82.32.534. The department of labor and
10   industries may adopt rules to ensure full participation within the
11   industry and necessary to implement the requirements of this section.
12       (6) For the purposes of this section, the following definitions
13   apply.
14       (a) "Aerospace employer" means any person that qualifies for the
15   rate under RCW 82.04.260(11)(e) or the date that the 0.357 percent
16   rate authorized under RCW 82.04.260(11)(e) would have taken effect
17   pursuant to RCW 82.04.260 and 82.04.2602 as those statutes existed on
18   December 31, 2026, with twenty-five or more employees in positions
19   determined to be qualified occupations by the Washington state
20   apprenticeship and training council according to this chapter ((49.04
21   RCW)) directly applicable to the production of commercial aircraft.
22       (b) "Qualified apprenticeable workforce" means all occupations
23   approved by the Washington state apprenticeship and training council
24   according to this chapter ((49.04 RCW)) directly applicable to the
25   production of commercial aircraft.
26       (c) "Significant commercial airplane manufacturer" means a
27   manufacturer of commercial airplanes with at least fifty thousand
28   full-time employees in Washington as of January 1, 2021.

29       Sec. 616.   RCW 81.112.330 and 2000 2nd sp.s. c 4 s 30 are each
30   amended to read as follows:
31       (1) Except as provided in subsection (3) of this section, no
32   regional transit authority may initiate a transaction authorized
33   under RCW 81.112.300 after June 30, 2007.
34       (2) The termination of authority to enter into transactions after
35   June 30, 2007, does not affect the validity of any transactions
36   entered into under RCW 81.112.300.
37       (3) A regional transit authority may enter into a transaction in
38   accordance with RCW 81.112.300 after June 30, 2007, to replace or
39   refinance a transaction that relates to specific obligations entered
                                     p. 73                         SB 5482
 1   into on or before that date and that has terminated, or is, under the
 2   terms of the replacement or refinance, to terminate, before the final
 3   stated term of that transaction. The exemptions from taxes provided
 4   by RCW 82.08.834, 82.12.834, ((82.04.4201,)) 82.29A.134, ((82.36.605
 5   [84.36.605]))   84.36.605,   35.21.756,   82.04.050,  82.45.010,   and
 6   35.21.755 apply to the replacement or refinance transactions.
 7       (4) A regional transit authority, or public corporation or entity
 8   created   under  RCW   81.112.320,   that  undertakes  a   transaction
 9   authorized by RCW 81.112.300, shall provide to the state finance
10   committee, or its financial advisor, at the state finance committee's
11   discretion, a copy of all material agreements executed in connection
12   with the transaction within three months of the closing of the
13   transaction and shall make a report to the state finance committee,
14   the president of the senate, and the speaker of the house of
15   representatives on transactions authorized by RCW 81.112.300. The
16   report must include the amount of the transactions, the expected
17   savings or losses resulting from the transactions, the transaction
18   costs, including fees and detailed pricing information, the risks
19   associated with the transaction, and any other information the
20   regional transit authority determines relevant. The report must be
21   submitted within six months of the closing of each transaction.


22       Sec. 617. RCW 82.02.250 and 2019 c 8 s 104 are each amended to
23   read as follows:
24       A ((person)) taxpayer that has a substantial nexus under RCW
25   82.04.067 is obligated to pay all applicable taxes and fees imposed
26   on that ((person's)) taxpayer's business activity, including any
27   taxes and fees enacted after December 31, 2018. For purposes of this
28   section, "taxes and fees" means any monetary exaction, regardless of
29   its label, that is imposed directly on a ((person)) taxpayer engaging
30   in business and that the department is responsible for collecting.


31       Sec. 618.   RCW 82.04.010 and 1996 c 93 s 4 are each amended to
32   read as follows:
33       Unless the context clearly requires otherwise, the definitions
34   set forth in ((the sections preceding RCW 82.04.220)) this chapter
35   apply throughout this chapter.


36       Sec. 619. RCW 82.04.050 and 2021 c 296 s 8 and 2021 c 1443 s 2
37   are each reenacted and amended to read as follows:
                                     p. 74                         SB 5482
 1       (1)(a) "Sale at retail" or "retail sale" means every sale of
 2   tangible personal property (including articles produced, fabricated,
 3   or imprinted) to all persons irrespective of the nature of their
 4   business and including, among others, without limiting the scope
 5   hereof,   persons  who   install,  repair,   clean,  alter,   improve,
 6   construct, or decorate real or personal property of or for consumers
 7   other than a sale to a person who:
 8       (i) Purchases for the purpose of resale as tangible personal
 9   property in the regular course of business without intervening use by
10   such person, but a purchase for the purpose of resale by a regional
11   transit authority under RCW 81.112.300 is not a sale for resale; or
12       (ii) Installs, repairs, cleans, alters, imprints, improves,
13   constructs, or decorates real or personal property of or for
14   consumers, if such tangible personal property becomes an ingredient
15   or component of such real or personal property without intervening
16   use by such person; or
17       (iii) Purchases for the purpose of consuming the property
18   purchased in producing for sale as a new article of tangible personal
19   property or substance, of which such property becomes an ingredient
20   or component or is a chemical used in processing, when the primary
21   purpose of such chemical is to create a chemical reaction directly
22   through contact with an ingredient of a new article being produced
23   for sale; or
24       (iv) Purchases for the purpose of consuming the property
25   purchased in producing ferrosilicon which is subsequently used in
26   producing magnesium for sale, if the primary purpose of such property
27   is to create a chemical reaction directly through contact with an
28   ingredient of ferrosilicon; or
29       (v) Purchases for the purpose of providing the property to
30   consumers as part of competitive telephone service, as defined in RCW
31   82.04.065; or
32       (vi) Purchases for the purpose of satisfying the person's
33   obligations under an extended warranty as defined in subsection (7)
34   of this section, if such tangible personal property replaces or
35   becomes an ingredient or component of property covered by the
36   extended warranty without intervening use by such person.
37       (b) The term includes every sale of tangible personal property
38   that is used or consumed or to be used or consumed in the performance
39   of any activity defined as a "sale at retail" or "retail sale" even


                                     p. 75                         SB 5482
 1   though such property is resold or used as provided in (a)(i) through
 2   (vi) of this subsection following such use.
 3       (c) ((The)) Except as otherwise provided in this section, the
 4   term also means every sale of tangible personal property to
 5   ((persons)) taxpayers engaged in any business that is taxable under
 6   ((RCW 82.04.280(1) (a), (b), and (g), 82.04.290, and 82.04.2908))
 7   this chapter.
 8       (2) The term "sale at retail" or "retail sale" includes the sale
 9   of or charge made for tangible personal property consumed and/or for
10   labor and services rendered in respect to the following:
11       (a) The installing, repairing, cleaning, altering, imprinting, or
12   improving of tangible personal property of or for consumers,
13   including charges made for the mere use of facilities in respect
14   thereto, but excluding charges made for the use of self-service
15   laundry facilities, and also excluding sales of laundry service to
16   nonprofit health care facilities, and excluding services rendered in
17   respect to live animals, birds and insects;
18       (b) The constructing, repairing, decorating, or improving of new
19   or existing buildings or other structures under, upon, or above real
20   property of or for consumers, including the installing or attaching
21   of any article of tangible personal property therein or thereto,
22   whether or not such personal property becomes a part of the realty by
23   virtue of installation, and also includes the sale of services or
24   charges made for the clearing of land and the moving of earth
25   excepting the mere leveling of land used in commercial farming or
26   agriculture;
27       (c) The constructing, repairing, or improving of any structure
28   upon, above, or under any real property owned by an owner who conveys
29   the property by title, possession, or any other means to the person
30   performing such construction, repair, or improvement for the purpose
31   of performing such construction, repair, or improvement and the
32   property is then reconveyed by title, possession, or any other means
33   to the original owner;
34       (d) The cleaning, fumigating, razing, or moving of existing
35   buildings or structures, but does not include the charge made for
36   janitorial services; and for purposes of this section the term
37   "janitorial services" means those cleaning and caretaking services
38   ordinarily performed by commercial janitor service businesses
39   including, but not limited to, wall and window washing, floor
40   cleaning and waxing, and the cleaning in place of rugs, drapes and
                                     p. 76                         SB 5482
 1   upholstery. The term "janitorial services" does not include painting,
 2   papering, repairing, furnace or septic tank cleaning, snow removal or
 3   sandblasting;
 4       (e) Automobile towing and similar automotive transportation
 5   services, but not in respect to those required to report and pay
 6   taxes under chapter 82.16 RCW;
 7       (f) The furnishing of lodging and all other services by a hotel,
 8   rooming house, tourist court, motel, trailer camp, and the granting
 9   of any similar license to use real property, as distinguished from
10   the renting or leasing of real property, and it is presumed that the
11   occupancy of real property for a continuous period of one month or
12   more constitutes a rental or lease of real property and not a mere
13   license to use or enjoy the same. For the purposes of this
14   subsection, it is presumed that the sale of and charge made for the
15   furnishing of lodging for a continuous period of one month or more to
16   a person is a rental or lease of real property and not a mere license
17   to enjoy the same. For the purposes of this section, it is presumed
18   that the sale of and charge made for the furnishing of lodging
19   offered regularly for public occupancy for periods of less than a
20   month constitutes a license to use or enjoy the property subject to
21   sales and use tax and not a rental or lease of property;
22       (g) The installing, repairing, altering, or improving of digital
23   goods for consumers;
24       (h) Persons ((taxable)) making retail sales under (a), (b), (c),
25   (d), (e), (f), and (g) of this subsection when such sales or charges
26   are for property, labor and services which are used or consumed in
27   whole or in part by such persons in the performance of any activity
28   defined as a "sale at retail" or "retail sale" even though such
29   property, labor and services may be resold after such use or
30   consumption. Nothing contained in this subsection may be construed to
31   modify subsection (1) of this section and nothing contained in
32   subsection (1) of this section may be construed to modify this
33   subsection.
34       (3) The term "sale at retail" or "retail sale" includes the sale
35   of or charge made for personal, business, or professional services
36   including amounts designated as interest, rents, fees, admission, and
37   other service emoluments however designated, received by persons
38   engaging in the following business activities:
39       (a) Abstract, title insurance, and escrow services;
40       (b) Credit bureau services;
                                     p. 77                         SB 5482
 1       (c) Automobile parking and storage garage services;
 2       (d)   Landscape  maintenance   and   horticultural  services  but
 3   excluding (i) horticultural services provided to farmers and (ii)
 4   pruning, trimming, repairing, removing, and clearing of trees and
 5   brush near electric transmission or distribution lines or equipment,
 6   if performed by or at the direction of an electric utility;
 7       (e) Service charges associated with tickets to professional
 8   sporting events;
 9       (f) The following personal services: Tanning salon services,
10   tattoo parlor services, steam bath services, turkish bath services,
11   escort services, and dating services; and
12       (g)(i) Operating an athletic or fitness facility, including all
13   charges for the use of such a facility or for any associated services
14   and amenities, except as provided in (g)(ii) of this subsection.
15       (ii) Notwithstanding anything to the contrary in (g)(i) of this
16   subsection (3), the term "sale at retail" and "retail sale" under
17   this subsection does not include:
18       (A) Separately stated charges for the use of an athletic or
19   fitness facility where such use is primarily for a purpose other than
20   engaging in or receiving instruction in a physical fitness activity;
21       (B) Separately stated charges for the use of a discrete portion
22   of an athletic or fitness facility, other than a pool, where such
23   discrete portion of the facility does not by itself meet the
24   definition of "athletic or fitness facility" in this subsection;
25       (C) Separately stated charges for services, such as advertising,
26   massage, nutritional consulting, and body composition testing, that
27   do not require the customer to engage in physical fitness activities
28   to   receive  the   service.   The   exclusion   in   this   subsection
29   (3)(g)(ii)(C) does not apply to personal training services and
30   instruction in a physical fitness activity;
31       (D) Separately stated charges for physical therapy provided by a
32   physical therapist, as those terms are defined in RCW 18.74.010, or
33   occupational   therapy    provided   by    an   occupational    therapy
34   practitioner, as those terms are defined in RCW 18.59.020, when
35   performed pursuant to a referral from an authorized health care
36   practitioner or in consultation with an authorized health care
37   practitioner. For the purposes of this subsection (3)(g)(ii)(D), an
38   authorized health care practitioner means a health care practitioner
39   licensed under chapter 18.83, 18.25, 18.36A, 18.57, 18.71, or 18.71A
40   RCW, or, until July 1, 2022, chapter 18.57A RCW;
                                      p. 78                         SB 5482
 1       (E) Rent or association fees charged by a landlord or residential
 2   association to a tenant or residential owner with access to an
 3   athletic or fitness facility maintained by the landlord or
 4   residential association, unless the rent or fee varies depending on
 5   whether the tenant or owner has access to the facility;
 6       (F) Services provided in the regular course of employment by an
 7   employee with access to an athletic or fitness facility maintained by
 8   the employer for use without charge by its employees or their family
 9   members;
10        (G) The provision of access to an athletic or fitness facility by
11   an educational institution to its students and staff. However,
12   charges made by an educational institution to its alumni or other
13   members of the public for the use of any of the educational
14   institution's athletic or fitness facilities are a retail sale under
15   this    subsection   (3)(g).   For   purposes   of   this   subsection
16   (3)(g)(ii)(G), "educational institution" has the same meaning as in
17   RCW 82.04.170;
18       (H) Yoga, chi gong, or martial arts classes, training, or events
19   held at a community center, park, school gymnasium, college or
20   university, hospital or other medical facility, private residence, or
21   any other facility that is not operated within and as part of an
22   athletic or fitness facility.
23       (iii) Nothing in (g)(ii) of this subsection (3) may be construed
24   to affect the taxation of sales made by the operator of an athletic
25   or fitness facility, where such sales are defined as a retail sale
26   under any provision of this section other than this subsection (3).
27       (iv) For the purposes of this subsection (3)(g), the following
28   definitions apply:
29       (A) "Athletic or fitness facility" means an indoor or outdoor
30   facility or portion of a facility that is primarily used for:
31   Exercise classes; strength and conditioning programs; personal
32   training   services;   tennis,  racquetball,   handball,  squash,   or
33   pickleball; or other activities requiring the use of exercise or
34   strength training equipment, such as treadmills, elliptical machines,
35   stair   climbers,   stationary   cycles,  rowing   machines,   pilates
36   equipment, balls, climbing ropes, jump ropes, and weightlifting
37   equipment.
38       (B) "Martial arts" means any of the various systems of training
39   for physical combat or self-defense. "Martial arts" includes, but is
40   not limited to, karate, kung fu, tae kwon do, Krav Maga, boxing,
                                     p. 79                         SB 5482
 1   kickboxing, jujitsu, shootfighting, wrestling, aikido, judo, hapkido,
 2   Kendo, tai chi, and mixed martial arts.
 3       (C) "Physical fitness activities" means activities that involve
 4   physical exertion for the purpose of improving or maintaining the
 5   general fitness, strength, flexibility, conditioning, or health of
 6   the participant. "Physical fitness activities" includes participating
 7   in yoga, chi gong, or martial arts.
 8       (4)(a) The term also includes the renting or leasing of tangible
 9   personal property to consumers.
10       (b) The term does not include the renting or leasing of tangible
11   personal property where the lease or rental is for the purpose of
12   sublease or subrent.
13       (5) The term also includes the providing of "competitive
14   telephone service," "telecommunications service," or "ancillary
15   services," as those terms are defined in RCW 82.04.065, to consumers.
16       (6)(a) The term also includes the sale of prewritten computer
17   software to a consumer, regardless of the method of delivery to the
18   end user. For purposes of (a) and (b) of this subsection, the sale of
19   prewritten computer software includes the sale of or charge made for
20   a key or an enabling or activation code, where the key or code is
21   required to activate prewritten computer software and put the
22   software into use. There is no separate sale of the key or code from
23   the prewritten computer software, regardless of how the sale may be
24   characterized by the vendor or by the purchaser.
25       (b) The term "retail sale" does not include the sale of or charge
26   made for:
27       (i) Custom software; or
28       (ii) The customization of prewritten computer software.
29       (c)(i) The term also includes the charge made to consumers for
30   the right to access and use prewritten computer software, where
31   possession of the software is maintained by the seller or a third
32   party, regardless of whether the charge for the service is on a per
33   use, per user, per license, subscription, or some other basis.
34       (ii)(A) The service described in (c)(i) of this subsection (6)
35   includes the right to access and use prewritten computer software to
36   perform data processing.
37       (B) For purposes of this subsection (6)(c)(ii), "data processing"
38   means the systematic performance of operations on data to extract the
39   required information in an appropriate form or to convert the data to
40   usable information. Data processing includes check processing, image
                                     p. 80                         SB 5482
 1   processing, form processing, survey processing, payroll processing,
 2   claim processing, and similar activities.
 3       (7) The term also includes the sale of or charge made for an
 4   extended warranty to a consumer. For purposes of this subsection,
 5   "extended warranty" means an agreement for a specified duration to
 6   perform the replacement or repair of tangible personal property at no
 7   additional charge or a reduced charge for tangible personal property,
 8   labor, or both, or to provide indemnification for the replacement or
 9   repair of tangible personal property, based on the occurrence of
10   specified events. The term "extended warranty" does not include an
11   agreement, otherwise meeting the definition of extended warranty in
12   this subsection, if no separate charge is made for the agreement and
13   the value of the agreement is included in the sales price of the
14   tangible personal property covered by the agreement. For purposes of
15   this subsection, "sales price" has the same meaning as in RCW
16   82.08.010.
17       (8)(a) The term also includes the following sales to consumers of
18   digital goods, digital codes, and digital automated services:
19       (i) Sales in which the seller has granted the purchaser the right
20   of permanent use;
21       (ii) Sales in which the seller has granted the purchaser a right
22   of use that is less than permanent;
23       (iii) Sales in which the purchaser is not obligated to make
24   continued payment as a condition of the sale; and
25       (iv) Sales in which the purchaser is obligated to make continued
26   payment as a condition of the sale.
27       (b) A retail sale of digital goods, digital codes, or digital
28   automated services under this subsection (8) includes any services
29   provided by the seller exclusively in connection with the digital
30   goods, digital codes, or digital automated services, whether or not a
31   separate charge is made for such services.
32       (c) For purposes of this subsection, "permanent" means perpetual
33   or for an indefinite or unspecified length of time. A right of
34   permanent use is presumed to have been granted unless the agreement
35   between the seller and the purchaser specifies or the circumstances
36   surrounding the transaction suggest or indicate that the right to use
37   terminates on the occurrence of a condition subsequent.
38       (9) The term also includes the charge made for providing tangible
39   personal property along with an operator for a fixed or indeterminate
40   period of time. A consideration of this is that the operator is
                                     p. 81                         SB 5482
 1   necessary for the tangible personal property to perform as designed.
 2   For the purpose of this subsection (9), an operator must do more than
 3   maintain, inspect, or set up the tangible personal property.
 4       (10) The term does not include the sale of or charge made for
 5   labor and services rendered in respect to the building, repairing, or
 6   improving of any street, place, road, highway, easement, right-of-
 7   way, mass public transportation terminal or parking facility, bridge,
 8   tunnel, or trestle which is owned by a municipal corporation or
 9   political subdivision of the state or by the United States and which
10   is used or to be used primarily for foot or vehicular traffic
11   including mass transportation vehicles of any kind.
12       (11) The term also does not include sales of chemical sprays or
13   washes to persons for the purpose of postharvest treatment of fruit
14   for the prevention of scald, fungus, mold, or decay, nor does it
15   include sales of feed, seed, seedlings, fertilizer, agents for
16   enhanced pollination including insects such as bees, and spray
17   materials to: (a) Persons who participate in the federal conservation
18   reserve program, the environmental quality incentives program, the
19   wetlands reserve program, and the wildlife habitat incentives
20   program, or their successors administered by the United States
21   department of agriculture; (b) farmers for the purpose of producing
22   for sale any agricultural product; (c) farmers for the purpose of
23   providing bee pollination services; and (d) farmers acting under
24   cooperative   habitat  development   or  access  contracts   with  an
25   organization exempt from federal income tax under 26 U.S.C. Sec.
26   501(c)(3) of the federal internal revenue code or the Washington
27   state department of fish and wildlife to produce or improve wildlife
28   habitat on land that the farmer owns or leases.
29       (12) The term does not include the sale of or charge made for
30   labor and services rendered in respect to the constructing,
31   repairing, decorating, or improving of new or existing buildings or
32   other structures under, upon, or above real property of or for the
33   United States, any instrumentality thereof, or a county or city
34   housing authority created pursuant to chapter 35.82 RCW, including
35   the installing, or attaching of any article of tangible personal
36   property therein or thereto, whether or not such personal property
37   becomes a part of the realty by virtue of installation. Nor does the
38   term include the sale of services or charges made for the clearing of
39   land and the moving of earth of or for the United States, any
40   instrumentality thereof, or a county or city housing authority. Nor
                                     p. 82                         SB 5482
 1   does the term include the sale of services or charges made for
 2   cleaning up for the United States, or its instrumentalities,
 3   radioactive waste and other by-products of weapons production and
 4   nuclear research and development.
 5       (13) The term does not include the sale of or charge made for
 6   labor, services, or tangible personal property pursuant to agreements
 7   providing maintenance services for bus, rail, or rail fixed guideway
 8   equipment when a regional transit authority is the recipient of the
 9   labor, services, or tangible personal property, and a transit agency,
10   as defined in RCW 81.104.015, performs the labor or services.
11       (14) The term does not include the sale for resale of any service
12   described in this section if the sale would otherwise constitute a
13   "sale at retail" and "retail sale" under this section.
14       (15)(a) The term "sale at retail" or "retail sale" includes
15   amounts charged, however labeled, to consumers to engage in any of
16   the activities listed in this subsection (15)(a), including the
17   furnishing of any associated equipment or, except as otherwise
18   provided   in  this   subsection,   providing   instruction  in   such
19   activities, where such charges are not otherwise defined as a "sale
20   at retail" or "retail sale" in this section:
21       (i)(A) Golf, including any variant in which either golf balls or
22   golf clubs are used, such as miniature golf, hitting golf balls at a
23   driving range, and golf simulators, and including fees charged by a
24   golf course to a player for using his or her own cart. However,
25   charges for golf instruction are not a retail sale, provided that if
26   the instruction involves the use of a golfing facility that would
27   otherwise require the payment of a fee, such as green fees or driving
28   range fees, such fees, including the applicable retail sales tax,
29   must be separately identified and charged by the golfing facility
30   operator to the instructor or the person receiving the instruction.
31       (B) Notwithstanding (a)(i)(A) of this subsection (15) and except
32   as otherwise provided in this subsection (15)(a)(i)(B), the term
33   "sale at retail" or "retail sale" does not include amounts charged to
34   participate in, or conduct, a golf tournament or other competitive
35   event. However, amounts paid by event participants to the golf
36   facility operator are retail sales under this subsection (15)(a)(i).
37   Likewise, amounts paid by the event organizer to the golf facility
38   are retail sales under this subsection (15)(a)(i), if such amounts
39   vary based on the number of event participants;


                                     p. 83                         SB 5482
 1       (ii) Ballooning, hang gliding, indoor or outdoor sky diving,
 2   paragliding, parasailing, and similar activities;
 3       (iii) Air hockey, billiards, pool, foosball, darts, shuffleboard,
 4   ping pong, and similar games;
 5       (iv) Access to amusement park, theme park, and water park
 6   facilities, including but not limited to charges for admission and
 7   locker or cabana rentals. Discrete charges for rides or other
 8   attractions or entertainment that are in addition to the charge for
 9   admission are not a retail sale under this subsection (15)(a)(iv).
10   For the purposes of this subsection, an amusement park or theme park
11   is a location that provides permanently affixed amusement rides,
12   games, and other entertainment, but does not include parks or zoos
13   for which the primary purpose is the exhibition of wildlife, or
14   fairs, carnivals, and festivals as defined in (b)(i) of this
15   subsection;
16       (v) Batting cage activities;
17       (vi) Bowling, but not including competitive events, except that
18   amounts paid by the event participants to the bowling alley operator
19   are retail sales under this subsection (15)(a)(vi). Likewise, amounts
20   paid by the event organizer to the operator of the bowling alley are
21   retail sales under this subsection (15)(a)(vi), if such amounts vary
22   based on the number of event participants;
23       (vii) Climbing on artificial climbing structures, whether indoors
24   or outdoors;
25       (viii) Day trips for sightseeing purposes;
26       (ix) Bungee jumping, zip lining, and riding inside a ball,
27   whether inflatable or otherwise;
28       (x) Horseback riding offered to the public, where the seller
29   furnishes the horse to the buyer and providing instruction is not the
30   primary focus of the activity, including guided rides, but not
31   including therapeutic horseback riding provided by an instructor
32   certified by a nonprofit organization that offers national or
33   international certification for therapeutic riding instructors;
34       (xi) Fishing, including providing access to private fishing areas
35   and charter or guided fishing, except that fishing contests and
36   license fees imposed by a government entity are not a retail sale
37   under this subsection;
38       (xii) Guided hunting and hunting at game farms and shooting
39   preserves, except that hunting contests and license fees imposed by a
40   government entity are not a retail sale under this subsection;
                                     p. 84                         SB 5482
 1       (xiii) Swimming, but only in respect to (A) recreational or
 2   fitness swimming that is open to the public, such as open swim, lap
 3   swimming, and special events like kids night out and pool parties
 4   during open swim time, and (B) pool parties for private events, such
 5   as birthdays, family gatherings, and employee outings. Fees for
 6   swimming   lessons,  to   participate   in   swim  meets  and   other
 7   competitions, or to join a swim team, club, or aquatic facility are
 8   not retail sales under this subsection (15)(a)(xiii);
 9       (xiv) Go-karting, bumper cars, and other motorized activities
10   where the seller provides the vehicle and the premises where the
11   buyer will operate the vehicle;
12       (xv) Indoor or outdoor playground activities, such as inflatable
13   bounce structures and other inflatables; mazes; trampolines; slides;
14   ball pits; games of tag, including laser tag and soft-dart tag; and
15   human gyroscope rides, regardless of whether such activities occur at
16   the seller's place of business, but not including playground
17   activities provided for children by a licensed child day care center
18   or licensed family day care provider as those terms are defined in
19   RCW 43.216.010;
20       (xvi) Shooting sports and activities, such as target shooting,
21   skeet, trap, sporting clays, "5" stand, and archery, but only in
22   respect to discrete charges to members of the public to engage in
23   these activities, but not including fees to enter a competitive
24   event, instruction that is entirely or predominately classroom based,
25   or to join or renew a membership at a club, range, or other facility;
26       (xvii) Paintball and airsoft activities;
27       (xviii) Skating, including ice skating, roller skating, and
28   inline skating, but only in respect to discrete charges to members of
29   the public to engage in skating activities, but not including skating
30   lessons, competitive events, team activities, or fees to join or
31   renew   a  membership   at  a   skating  facility,   club,  or   other
32   organization;
33       (xix) Nonmotorized snow sports and activities, such as downhill
34   and cross-country skiing, snowboarding, ski jumping, sledding, snow
35   tubing, snowshoeing, and similar snow sports and activities, whether
36   engaged in outdoors or in an indoor facility with or without snow,
37   but only in respect to discrete charges to the public for the use of
38   land or facilities to engage in nonmotorized snow sports and
39   activities, such as fees, however labeled, for the use of ski lifts
40   and tows and daily or season passes for access to trails or other
                                     p. 85                         SB 5482
 1   areas where nonmotorized snow sports and activities are conducted.
 2   However, fees for the following are not retail sales under this
 3   subsection (15)(a)(xix): (A) Instructional lessons; (B) permits
 4   issued by a governmental entity to park a vehicle on or access public
 5   lands; and (C) permits or leases granted by an owner of private
 6   timberland for recreational access to areas used primarily for
 7   growing and harvesting timber; and
 8       (xx)   Scuba   diving;   snorkeling;  river   rafting;   surfing;
 9   kiteboarding; flyboarding; water slides; inflatables, such as water
10   pillows, water trampolines, and water rollers; and similar water
11   sports and activities.
12       (b) Notwithstanding anything to the contrary in this subsection
13   (15), the term "sale at retail" or "retail sale" does not include
14   charges:
15       (i) Made for admission to, and rides or attractions at, fairs,
16   carnivals, and festivals. For the purposes of this subsection, fairs,
17   carnivals, and festivals are events that do not exceed 21 days and a
18   majority of the amusement rides, if any, are not affixed to real
19   property;
20       (ii) Made by an educational institution to its students and staff
21   for activities defined as retail sales by (a)(i) through (xx) of this
22   subsection. However, charges made by an educational institution to
23   its alumni or other members of the general public for these
24   activities are a retail sale under this subsection (15). For purposes
25   of this subsection (15)(b)(ii), "educational institution" has the
26   same meaning as in RCW 82.04.170;
27       (iii) Made by a vocational school for commercial diver training
28   that is licensed by the workforce training and education coordinating
29   board under chapter 28C.10 RCW; or
30       (iv) Made for day camps offered by a nonprofit organization or
31   state or local governmental entity that provide youth not older than
32   age 18, or that are focused on providing individuals with
33   disabilities or mental illness, the opportunity to participate in a
34   variety of supervised activities.
35       (16)(a) The term "sale at retail" or "retail sale" includes the
36   purchase or acquisition of tangible personal property and specified
37   services by a person who receives either a qualifying grant exempt
38   from tax under RCW 82.04.767 or 82.16.320 or a salmon recovery grant
39   deductible under RCW 82.04.4339, except for transactions excluded
40   from the definition of "sale at retail" or "retail sale" by any other
                                     p. 86                         SB 5482
 1   provision of this section. Nothing in this subsection (16) may be
 2   construed to limit the application of any other provision of this
 3   section to purchases by a recipient of either a qualifying grant
 4   exempt from tax under RCW 82.04.767 or a salmon recovery grant
 5   deductible under RCW 82.04.4339, or by any other person.
 6       (b) For purposes of this subsection (16), "specified services"
 7   means:
 8       (i) The constructing, repairing, decorating, or improving of new
 9   or existing buildings or other structures under, upon, or above real
10   property, including the installing or attaching of any article of
11   tangible personal property therein or thereto, whether or not such
12   personal property becomes a part of the realty by virtue of
13   installation;
14       (ii) The clearing of land or the moving of earth, whether or not
15   associated with activities described in (b)(i) of this subsection
16   (16);
17       (iii) The razing or moving of existing buildings or structures;
18   and
19       (iv) Landscape maintenance and horticultural services.


20       Sec. 620. RCW 82.04.051 and 2021 c 145 s 4 are each amended to
21   read as follows:
22       (1) As used in RCW 82.04.050 and including for the purposes of
23   the taxes imposed in chapter 82.08 RCW in addition to the taxes
24   imposed in this chapter, the term "services rendered in respect to"
25   means,   in  the   context  of  constructing,   building,  repairing,
26   improving, and decorating buildings or other structures, those
27   services that are directly related to the constructing, building,
28   repairing, improving, and decorating of buildings or other structures
29   and that are performed by a person who is responsible for the
30   performance of the constructing, building, repairing, improving, or
31   decorating activity. The term does not include services such as
32   engineering, architectural, surveying, flagging, accounting, legal,
33   consulting, land development or management, or administrative
34   services provided to the consumer of, or person responsible for
35   performing, the constructing, building, repairing, improving, or
36   decorating services.
37       (2) A contract or agreement under which a person is responsible
38   for both services that ((would otherwise be subject to tax as a
39   service under RCW 82.04.290(2))) are not defined as a retail sale or
                                     p. 87                         SB 5482
 1   wholesale sale and also constructing, building, repairing, improving,
 2   or decorating activities that ((would otherwise be subject to tax
 3   under another section of this chapter)) are defined as a retail sale
 4   or wholesale sale is subject to the tax that applies to the
 5   predominant activity under the contract or agreement.
 6       (3) Unless otherwise provided by law, a contract or agreement
 7   under which a person is responsible for activities that are ((subject
 8   to tax as a service under RCW 82.04.290(2))) not defined as a retail
 9   sale or wholesale sale, and a subsequent contract or agreement under
10   which the same person is responsible for constructing, building,
11   repairing, improving, or decorating activities ((subject to tax under
12   another section of this chapter)) defined as a retail sale or
13   wholesale sale, shall not be combined and taxed as a ((single
14   activity)) retail sale or wholesale sale if at the time of the first
15   contract or agreement it was not contemplated by the parties, as
16   evidenced by the facts, that the same person would be awarded both
17   contracts.
18       (4) The definitions in this subsection apply throughout this
19   section unless the context clearly requires otherwise.
20       (a) "Land development or management" means site identification,
21   zoning, permitting, and other preconstruction regulatory services
22   provided to the consumer of the constructing, building, repairing,
23   improving, or decorating services. This includes, but is not limited
24   to, acting as an owner's representative during any design or
25   construction period, including recommending a contractor, monitoring
26   the budget and schedule, approving invoices, and interacting on the
27   behalf of the consumer with the person who has control over the work
28   itself or responsible for the performance of the work.
29       (b) "Responsible for the performance" means that the person is
30   obligated to perform the activities, either personally or through a
31   third party. A person who reviews work for a consumer, retailer, or
32   wholesaler but does not supervise or direct the work is not
33   responsible for the performance of the work. A person who is
34   financially obligated for the work, such as a bank, but who does not
35   have control over the work itself is not responsible for the
36   performance of the work.


37       Sec. 621. RCW 82.04.062 and 1985 c 471 s 5 are each amended to
38   read as follows:


                                     p. 88                         SB 5482
 1       (1) For purposes of this chapter, "wholesale sale," "sale at
 2   wholesale," "retail sale," and "sale at retail" do not include the
 3   sale of precious metal bullion or monetized bullion.
 4       (2) ((In computing tax under this chapter on the business of
 5   making sales of precious metal bullion or monetized bullion, the tax
 6   shall be imposed on the amounts received as commissions upon
 7   transactions for the accounts of customers over and above the amount
 8   paid to other dealers associated in such transactions, but no
 9   deduction or offset is allowed on account of salaries or commissions
10   paid to salesmen or other employees.
11       (3))) For purposes of this section, "precious metal bullion"
12   means any precious metal which has been put through a process of
13   smelting or refining, including, but not limited to, gold, silver,
14   platinum, rhodium, and palladium, and which is in such state or
15   condition that its value depends upon its contents and not upon its
16   form. For purposes of this section, "monetized bullion" means coins
17   or other forms of money manufactured from gold, silver, or other
18   metals and heretofore, now, or hereafter used as a medium of exchange
19   under the laws of this state, the United States, or any foreign
20   nation, but does not include coins or money sold to be manufactured
21   into jewelry or works of art.


22       Sec. 622. RCW 82.04.170 and 1993 sp.s. c 18 s 37 and 1993 c 181
23   s 13 are each reenacted and amended to read as follows:
24       "Tuition fee" includes library, laboratory, health service and
25   other special fees, and amounts charged for room and board by an
26   educational institution when the property or service for which such
27   charges are made is furnished exclusively to the students or faculty
28   of such institution. "Educational institution," as used in this
29   section,   means  only   those  institutions   created  or  generally
30   accredited as such by the state and includes educational programs
31   that such educational institution cosponsors with a nonprofit
32   organization, as defined by the internal revenue code Sec. 501(c)(3),
33   if such educational institution grants college credit for coursework
34   successfully completed through the educational program, or an
35   approved branch campus of a foreign degree-granting institution in
36   compliance with chapter 28B.90 RCW((, and in accordance with RCW
37   82.04.4332)) or defined as a degree-granting institution under RCW
38   28B.85.010(3) and accredited by an accrediting association recognized
39   by the United States secretary of education, and offering to students
                                     p. 89                         SB 5482
1    an educational program of a general academic nature or those
2    institutions which are not operated for profit and which are
3    privately endowed under a deed of trust to offer instruction in
4    trade, industry, and agriculture, but not including specialty
5    schools,   business colleges, other trade  schools, or   similar
6    institutions.

 7       Sec. 623.   RCW 82.04.190 and 2017 c 323 s 513 and 2017 c 323 s
 8   202 are each reenacted and amended to read as follows:
 9       "Consumer" means the following:
10       (1) Except as provided otherwise in this section, any person who
11   purchases, acquires, owns, holds, or uses any article of tangible
12   personal property irrespective of the nature of the person's business
13   and including, among others, without limiting the scope hereof,
14   persons who install, repair, clean, alter, improve, construct, or
15   decorate real or personal property of or for consumers other than for
16   the purpose of:
17       (a) Resale as tangible personal property in the regular course of
18   business;
19       (b) Incorporating such property as an ingredient or component of
20   real or personal property when installing, repairing, cleaning,
21   altering, imprinting, improving, constructing, or decorating such
22   real or personal property of or for consumers;
23       (c) Consuming such property in producing for sale as a new
24   article of tangible personal property or a new substance, of which
25   such property becomes an ingredient or component or as a chemical
26   used in processing, when the primary purpose of such chemical is to
27   create a chemical reaction directly through contact with an
28   ingredient of a new article being produced for sale;
29       (d) Consuming the property purchased in producing ferrosilicon
30   which is subsequently used in producing magnesium for sale, if the
31   primary purpose of such property is to create a chemical reaction
32   directly through contact with an ingredient of ferrosilicon; or
33       (e) Satisfying the person's obligations under an extended
34   warranty as defined in RCW 82.04.050(7), if such tangible personal
35   property replaces or becomes an ingredient or component of property
36   covered by the extended warranty without intervening use by such
37   person;
38       (2)(a) ((Any)) Except as otherwise provided in this section, any
39   person engaged in any business activity taxable under ((RCW 82.04.290
                                     p. 90                         SB 5482
 1   or 82.04.2908)) this chapter; (b) any person who purchases, acquires,
 2   or uses any competitive telephone service, ancillary services, or
 3   telecommunications service as those terms are defined in RCW
 4   82.04.065, other than for resale in the regular course of business;
 5   (c) any person who purchases, acquires, or uses any service defined
 6   in RCW 82.04.050(2) (a) or (g), other than for resale in the regular
 7   course of business or for the purpose of satisfying the person's
 8   obligations   under   an   extended   warranty   as defined  in   RCW
 9   82.04.050(7); (d) any person who makes a purchase meeting the
10   definition of "sale at retail" and "retail sale" under RCW
11   82.04.050(15), other than for resale in the regular course of
12   business; (e) any person who purchases or acquires an extended
13   warranty as defined in RCW 82.04.050(7) other than for resale in the
14   regular course of business; and (f) any person who is an end user of
15   software.   For   purposes   of   this   subsection (2)(f)  and   RCW
16   82.04.050(6), a person who purchases or otherwise acquires prewritten
17   computer   software,   who   provides  services    described   in   RCW
18   82.04.050(6)(c) and who will charge consumers for the right to access
19   and use the prewritten computer software, is not an end user of the
20   prewritten computer software;
21       (3) Any person engaged in the business of contracting for the
22   building, repairing or improving of any street, place, road, highway,
23   easement, right-of-way, mass public transportation terminal or
24   parking facility, bridge, tunnel, or trestle which is owned by a
25   municipal corporation or political subdivision of the state of
26   Washington or by the United States and which is used or to be used
27   primarily for foot or vehicular traffic including mass transportation
28   vehicles of any kind ((as defined in RCW 82.04.280)), in respect to
29   tangible personal property when such person incorporates such
30   property as an ingredient or component of such publicly owned street,
31   place,   road,   highway,   easement,    right-of-way,    mass   public
32   transportation terminal or parking facility, bridge, tunnel, or
33   trestle by installing, placing or spreading the property in or upon
34   the right-of-way of such street, place, road, highway, easement,
35   bridge, tunnel, or trestle or in or upon the site of such mass public
36   transportation terminal or parking facility;
37       (4) Any person who is an owner, lessee or has the right of
38   possession to or an easement in real property which is being
39   constructed, repaired, decorated, improved, or otherwise altered by a
40   person engaged in business, excluding only (a) municipal corporations
                                      p. 91                         SB 5482
 1   or political subdivisions of the state in respect to labor and
 2   services rendered to their real property which is used or held for
 3   public road purposes, and (b) the United States, instrumentalities
 4   thereof, and county and city housing authorities created pursuant to
 5   chapter 35.82 RCW in respect to labor and services rendered to their
 6   real property. Nothing contained in this or any other subsection of
 7   this definition may be construed to modify any other definition of
 8   "consumer";
 9       (5) Any person who is an owner, lessee, or has the right of
10   possession to personal property which is being constructed, repaired,
11   improved, cleaned, imprinted, or otherwise altered by a person
12   engaged in business;
13       (6) Any person engaged in the business of constructing,
14   repairing, decorating, or improving new or existing buildings or
15   other structures under, upon, or above real property of or for the
16   United States, any instrumentality thereof, or a county or city
17   housing authority created pursuant to chapter 35.82 RCW, including
18   the installing or attaching of any article of tangible personal
19   property therein or thereto, whether or not such personal property
20   becomes a part of the realty by virtue of installation; also, any
21   person engaged in the business of clearing land and moving earth of
22   or for the United States, any instrumentality thereof, or a county or
23   city housing authority created pursuant to chapter 35.82 RCW. Any
24   such person is a consumer within the meaning of this subsection in
25   respect to tangible personal property incorporated into, installed
26   in, or attached to such building or other structure by such person,
27   except that consumer does not include any person engaged in the
28   business of constructing, repairing, decorating, or improving new or
29   existing buildings or other structures under, upon, or above real
30   property of or for the United States, or any instrumentality thereof,
31   if the investment project would qualify for sales and use tax
32   deferral under chapter 82.63 RCW if undertaken by a private entity;
33       (7) Any person who is a lessor of machinery and equipment, the
34   rental of which is exempt from the tax imposed by RCW 82.08.020 under
35   RCW 82.08.02565, with respect to the sale of or charge made for
36   tangible personal property consumed in respect to repairing the
37   machinery and equipment, if the tangible personal property has a
38   useful life of less than one year. Nothing contained in this or any
39   other subsection of this section may be construed to modify any other
40   definition of "consumer";
                                     p. 92                         SB 5482
 1       (8) Any person engaged in the business of cleaning up for the
 2   United States, or its instrumentalities, radioactive waste and other
 3   by-products   of  weapons   production   and  nuclear    research and
 4   development;
 5       (9) Any person who is an owner, lessee, or has the right of
 6   possession of tangible personal property that, under the terms of an
 7   extended warranty as defined in RCW 82.04.050(7), has been repaired
 8   or is replacement property, but only with respect to the sale of or
 9   charge made for the repairing of the tangible personal property or
10   the replacement property;
11       (10) Any person who purchases, acquires, or uses services
12   described in RCW 82.04.050(6)(c) other than:
13       (a) For resale in the regular course of business; or
14       (b) For purposes of consuming the service described in RCW
15   82.04.050(6)(c) in producing for sale a new product, but only if such
16   service becomes a component of the new product. For purposes of this
17   subsection (10), "product" means a digital product, an article of
18   tangible personal property, or the service described in RCW
19   82.04.050(6)(c);
20       (11)(a) Any end user of a digital product or digital code.
21   "Consumer" does not include any person who is not an end user of a
22   digital product or a digital code and purchases, acquires, owns,
23   holds, or uses any digital product or digital code for purposes of
24   consuming the digital product or digital code in producing for sale a
25   new product, but only if the digital product or digital code becomes
26   a component of the new product. A digital code becomes a component of
27   a new product if the digital good or digital automated service
28   acquired through the use of the digital code becomes incorporated
29   into a new product. For purposes of this subsection, "product" has
30   the same meaning as in subsection (10) of this section.
31       (b)(i) For purposes of this subsection, "end user" means any
32   taxpayer as defined in RCW 82.12.010 other than a taxpayer who
33   receives by contract a digital product for further commercial
34   broadcast, rebroadcast, transmission, retransmission, licensing,
35   relicensing, distribution, redistribution or exhibition of the
36   product, in whole or in part, to others. A person that purchases
37   digital products or digital codes for the purpose of giving away such
38   products or codes will not be considered to have engaged in the
39   distribution or redistribution of such products or codes and will be
40   treated as an end user;
                                     p. 93                         SB 5482
 1       (ii) If a purchaser of a digital code does not receive the
 2   contractual right to further redistribute, after the digital code is
 3   redeemed, the underlying digital product to which the digital code
 4   relates, then the purchaser of the digital code is an end user. If
 5   the purchaser of the digital code receives the contractual right to
 6   further redistribute, after the digital code is redeemed, the
 7   underlying digital product to which the digital code relates, then
 8   the purchaser of the digital code is not an end user. A purchaser of
 9   a digital code who has the contractual right to further redistribute
10   the digital code is an end user if that purchaser does not have the
11   right to further redistribute, after the digital code is redeemed,
12   the underlying digital product to which the digital code relates;
13       (12) Any person who provides services described in RCW
14   82.04.050(9). Any such person is a consumer with respect to the
15   purchase, acquisition, or use of the tangible personal property that
16   the person provides along with an operator in rendering services
17   defined as a retail sale in RCW 82.04.050(9). Any such person may
18   also be a consumer under other provisions of this section;
19       (13) Any person who purchases, acquires, owns, holds, or uses
20   chemical sprays or washes for the purpose of postharvest treatment of
21   fruit for the prevention of scald, fungus, mold, or decay, or who
22   purchases feed, seed, seedlings, fertilizer, agents for enhanced
23   pollination including insects such as bees, and spray materials, is
24   not a consumer of such items, but only to the extent that the items:
25       (a) Are used in relation to the person's participation in the
26   federal conservation reserve program, the environmental quality
27   incentives program, the wetlands reserve program, the wildlife
28   habitat incentives program, or their successors administered by the
29   United States department of agriculture;
30       (b) Are for use by a farmer for the purpose of producing for sale
31   any agricultural product; or
32       (c) Are for use by a farmer to produce or improve wildlife
33   habitat on land the farmer owns or leases while acting under
34   cooperative   habitat  development   or  access   contracts  with   an
35   organization exempt from federal income tax under 26 U.S.C. Sec.
36   501(c)(3) of the federal internal revenue code or the Washington
37   state department of fish and wildlife;
38       (14) A regional transit authority is not a consumer with respect
39   to labor, services, or tangible personal property purchased pursuant
40   to agreements providing maintenance services for bus, rail, or rail
                                     p. 94                         SB 5482
1    fixed guideway equipment when a transit agency, as defined in RCW
2    81.104.015, performs the labor or services; and
3        (15) The term "consumer" does not include:
4        (a) An animal rescue organization with respect to animals under
5    its care and control; and
6        (b) Any person with respect to an animal adopted by that person
7    from an animal rescue organization.

 8       Sec. 624. RCW 82.04.2404 and 2021 c 145 s 6 are each amended to
 9   read as follows:
10       (1) ((Upon every person engaging within this state in the
11   business of manufacturing or processing for hire semiconductor
12   materials, as to such persons the amount of tax with respect to such
13   business is, in the case of manufacturers, equal to the value of the
14   product manufactured, or, in the case of processors for hire, equal
15   to the gross income of the business, multiplied by the rate of 0.275
16   percent.
17       (2)   For   the   purposes  of   this   section   "semiconductor))
18   "Semiconductor   materials" means silicon crystals, silicon ingots,
19   raw polished semiconductor wafers, and compound semiconductor wafers.
20       (((3) A person reporting under the tax rate provided in this
21   section must file a complete annual tax performance report with the
22   department under RCW 82.32.534.
23       (4) Any person who has claimed the preferential tax rate under
24   this section must reimburse the department for fifty percent of the
25   amount of the tax preference under this section, if the number of
26   persons employed by the person claiming the tax preference is less
27   than ninety percent of the person's three-year employment average for
28   the three years immediately preceding the year in which the
29   preferential tax rate is claimed.
30       (5))) (2) This section expires December 1, 2028.


31       Sec. 625. RCW 82.04.280 and 2019 c 449 s 1 are each amended to
32   read as follows:
33       (1) ((Upon every person engaging within this state in the
34   business of: (a) Printing materials other than newspapers, and of
35   publishing periodicals or magazines; (b) building, repairing or
36   improving any street, place, road, highway, easement, right-of-way,
37   mass public transportation terminal or parking facility, bridge,
38   tunnel, or trestle which is owned by a municipal corporation or
                                     p. 95                         SB 5482
 1   political subdivision of the state or by the United States and which
 2   is used or to be used, primarily for foot or vehicular traffic
 3   including mass transportation vehicles of any kind and including any
 4   readjustment, reconstruction or relocation of the facilities of any
 5   public, private or cooperatively owned utility or railroad in the
 6   course of such building, repairing or improving, the cost of which
 7   readjustment, reconstruction, or relocation, is the responsibility of
 8   the public authority whose street, place, road, highway, easement,
 9   right-of-way,   mass  public   transportation  terminal  or   parking
10   facility, bridge, tunnel, or trestle is being built, repaired or
11   improved; (c) extracting for hire or processing for hire, except
12   persons taxable as extractors for hire or processors for hire under
13   another section of this chapter; (d) operating a cold storage
14   warehouse or storage warehouse, but not including the rental of cold
15   storage lockers; (e) representing and performing services for fire or
16   casualty insurance companies as an independent resident managing
17   general agent licensed under the provisions of chapter 48.17 RCW; (f)
18   radio and television broadcasting, but excluding revenues from
19   network, national, and regional advertising computed either: (i) As a
20   standard deduction that the department must publish by rule by
21   September 30, 2020, and by September 30th of every fifth year
22   thereafter, based on the national average thereof as reported by the
23   United States census bureau's economic census; or (ii) in lieu
24   thereof by itemization by the individual broadcasting station, and
25   excluding that portion of revenue represented by the out-of-state
26   audience computed as a ratio to the broadcasting station's total
27   audience as measured by the .5 millivolt/meter signal strength
28   contour for AM radio, the one millivolt/meter or sixty dBu signal
29   strength contour for FM radio, the twenty-eight dBu signal strength
30   contour for television channels two through six, the thirty-six dBu
31   signal strength contour for television channels seven through
32   thirteen, and the forty-one dBu signal strength contour for
33   television channels fourteen through sixty-nine with delivery by
34   wire, satellite, or any other means, if any; (g) engaging in
35   activities which bring a person within the definition of consumer
36   contained in RCW 82.04.190(6); as to such persons, the amount of tax
37   on such business is equal to the gross income of the business
38   multiplied by the rate of 0.484 percent.
39       (2) For the purposes of this section, the following definitions
40   apply unless the context clearly requires otherwise.
                                     p. 96                         SB 5482
 1       (a))) "Cold storage warehouse" means a storage warehouse used to
 2   store fresh and/or frozen perishable fruits or vegetables, meat,
 3   seafood, dairy products, or fowl, or any combination thereof, at a
 4   desired temperature to maintain the quality of the product for
 5   orderly marketing.
 6       (((b))) (2) "Storage warehouse" means a building or structure, or
 7   any part thereof, in which goods, wares, or merchandise are received
 8   for storage for compensation, except field warehouses, fruit
 9   warehouses, fruit packing plants, warehouses licensed under chapter
10   22.09 RCW, public garages storing automobiles, railroad freight
11   sheds, docks and wharves, and "self-storage" or "mini storage"
12   facilities whereby customers have direct access to individual storage
13   areas by separate entrance. (("Storage warehouse" does not include a
14   building or structure, or that part of such building or structure, in
15   which an activity taxable under RCW 82.04.272 is conducted.
16       (c))) (3) "Periodical or magazine" means a printed publication,
17   other than a newspaper, issued regularly at stated intervals at least
18   once every three months, including any supplement or special edition
19   of the publication.


20       Sec. 626. RCW 82.04.294 and 2022 c 172 s 2 are each amended to
21   read as follows:
22       (1) ((Upon every person engaging within this state in the
23   business of manufacturing solar energy systems using photovoltaic
24   modules or stirling converters, or of manufacturing solar grade
25   silicon, silicon solar wafers, silicon solar cells, thin film solar
26   devices, or compound semiconductor solar wafers to be used
27   exclusively in components of such systems; as to such persons the
28   amount of tax with respect to such business is, in the case of
29   manufacturers, equal to the value of the product manufactured, or in
30   the case of processors for hire, equal to the gross income of the
31   business, multiplied by the rate of 0.275 percent.
32       (2) Upon every person engaging within this state in the business
33   of making sales at wholesale of solar energy systems using
34   photovoltaic modules or stirling converters, or of solar grade
35   silicon, silicon solar wafers, silicon solar cells, thin film solar
36   devices, or compound semiconductor solar wafers to be used
37   exclusively in components of such systems, manufactured by that
38   person; as to such persons the amount of tax with respect to such
39   business is equal to the gross proceeds of sales of the solar energy
                                     p. 97                         SB 5482
 1   systems using photovoltaic modules or stirling converters, or of the
 2   solar grade silicon to be used exclusively in components of such
 3   systems, multiplied by the rate of 0.275 percent.
 4       (3))) Silicon solar wafers, silicon solar cells, thin film solar
 5   devices, solar grade silicon, or compound semiconductor solar wafers
 6   are "semiconductor materials" for the purposes of RCW 82.08.9651 and
 7   82.12.9651.
 8       (((4))) (2) The definitions in this subsection apply throughout
 9   this section.
10       (a) "Compound semiconductor solar wafers" means a semiconductor
11   solar wafer composed of elements from two or more different groups of
12   the periodic table.
13       (b) "Module" means the smallest nondivisible self-contained
14   physical structure housing interconnected photovoltaic cells and
15   providing a single direct current electrical output.
16       (c) "Photovoltaic cell" means a device that converts light
17   directly into electricity without moving parts.
18       (d) "Silicon solar cells" means a photovoltaic cell manufactured
19   from a silicon solar wafer.
20       (e) "Silicon solar wafers" means a silicon wafer manufactured for
21   solar conversion purposes.
22       (f) "Solar energy system" means any device or combination of
23   devices or elements that rely upon direct sunlight as an energy
24   source for use in the generation of electricity.
25       (g) "Solar grade silicon" means high-purity silicon used
26   exclusively in components of solar energy systems using photovoltaic
27   modules to capture direct sunlight. "Solar grade silicon" does not
28   include silicon used in semiconductors.
29       (h) "Stirling converter" means a device that produces electricity
30   by converting heat from a solar source utilizing a stirling engine.
31       (i) "Thin film solar devices" means a nonparticipating substrate
32   on which various semiconducting materials are deposited to produce a
33   photovoltaic cell that is used to generate electricity.
34       (((5) A person reporting under the tax rate provided in this
35   section must file a complete annual tax performance report with the
36   department under RCW 82.32.534.
37       (6))) (3) This section expires July 1, 2032.


38       Sec. 627. RCW 82.04.297 and 2010 c 111 s 303 are each amended to
39   read as follows:
                                     p. 98                         SB 5482
 1       (1) The provision of internet access is subject to tax under RCW
 2   82.04.290(((2))) and section 202(1) of this act.
 3       (2)(a) Except as provided in (b) of this subsection, "internet"
 4   and "internet access" have the same meaning as those terms are
 5   defined in the federal internet tax freedom act, Title 47 U.S.C. Sec.
 6   151 note, as existing on July 1, 2009.
 7       (b) "Internet access" does not include telecommunications service
 8   purchased, used, or sold by a person that provides a service that
 9   enables users to connect to the internet to access content,
10   information, or other services offered over the internet, to the
11   extent such telecommunications service is purchased, used, or sold:
12   (i) To provide such service; or (ii) to otherwise enable users to
13   access content, information, or other services offered over the
14   internet.
15       (3)   Unless  the   context   clearly  requires   otherwise,   the
16   definitions in this section apply throughout this chapter.


17       Sec. 628.   RCW 82.04.324 and 2004 c 82 s 1 are each amended to
18   read as follows:
19       (1) ((This chapter does not apply to amounts received by a
20   qualifying blood bank, a qualifying tissue bank, or a qualifying
21   blood and tissue bank to the extent the amounts are exempt from
22   federal income tax.
23       (2) For the purposes of this section:
24       (a))) "Qualifying blood bank" means a blood bank that qualifies
25   as an exempt organization under 26 U.S.C. 501(c)(3) as existing on
26   June 10, 2004, is registered pursuant to 21 C.F.R., part 607 as
27   existing on June 10, 2004, and whose primary business purpose is the
28   collection, preparation, and processing of blood. "Qualifying blood
29   bank" does not include a comprehensive cancer center that is
30   recognized as such by the national cancer institute.
31       (((b))) (2) "Qualifying tissue bank" means a tissue bank that
32   qualifies as an exempt organization under 26 U.S.C. 501(c)(3) as
33   existing on June 10, 2004, is registered pursuant to 21 C.F.R., part
34   1271 as existing on June 10, 2004, and whose primary business purpose
35   is the recovery, processing, storage, labeling, packaging, or
36   distribution of human bone tissue, ligament tissue and similar
37   musculoskeletal tissues, skin tissue, heart valve tissue, or human
38   eye tissue. "Qualifying tissue bank" does not include a comprehensive


                                     p. 99                         SB 5482
 1   cancer center that is recognized as such by the national cancer
 2   institute.
 3       (((c))) (3) "Qualifying blood and tissue bank" is a bank that
 4   qualifies as an exempt organization under 26 U.S.C. 501(c)(3) as
 5   existing on June 10, 2004, is registered pursuant to 21 C.F.R., part
 6   607 and part 1271 as existing on June 10, 2004, and whose primary
 7   business purpose is the collection, preparation, and processing of
 8   blood, and the recovery, processing, storage, labeling, packaging, or
 9   distribution of human bone tissue, ligament tissue and similar
10   musculoskeletal tissues, skin tissue, and heart valve tissue.
11   "Qualifying blood and tissue bank" does not include a comprehensive
12   cancer center that is recognized as such by the national cancer
13   institute.


14       Sec. 629. RCW 82.04.385 and 2020 c 274 s 68 are each amended to
15   read as follows:
16       ((This chapter shall not apply to income received from the
17   department of social and health services for the cost of care,
18   maintenance, support, and training of persons with developmental
19   disabilities at nonprofit group training homes as defined by chapter
20   71A.22 RCW or to the business activities of nonprofit organizations
21   from the operation of sheltered workshops. For the purposes of this
22   section, "the operation of sheltered workshops" means performance of
23   business activities of any kind on or off the premises of such
24   nonprofit   organizations  which))   "Sheltered  workshop"  means   a
25   nonprofit group training home as defined in RCW 71A.22.020 or other
26   nonprofit organization, which receives income from the department of
27   social and health services for the cost of care, maintenance,
28   support, and training of persons with developmental disabilities,
29   including activities that are performed for the primary purpose of
30   (1) providing gainful employment or rehabilitation services to
31   persons with disabilities as an interim step in the rehabilitation
32   process for those who cannot be readily absorbed in the competitive
33   labor market or during such time as employment opportunities for them
34   in the competitive labor market do not exist; or (2) providing
35   evaluation   and   work   adjustment   services  for   persons   with
36   disabilities.


37       Sec. 630. RCW 82.04.4265 and 2005 c 514 s 401 are each amended
38   to read as follows:
                                     p. 100                        SB 5482
1        (((1) This chapter does not apply to amounts received by a
2    comprehensive cancer center to the extent the amounts are exempt from
3    federal income tax.
4        (2)   For  the   purposes  of   this   section,  "comprehensive))
5    "Comprehensive cancer center" means a cancer center that has written
6    confirmation that it is recognized by the national cancer institute
7    as a comprehensive cancer center and that qualifies as an exempt
8    organization under 26 U.S.C. Sec. 501(c)(3) as existing on July 1,
9    2006.


10       Sec. 631. RCW 82.04.540 and 2006 c 301 s 1 are each amended to
11   read as follows:
12       (1) The provision of professional employer services by a
13   professional   employer  organization   is   taxable   under   RCW
14   82.04.290(((2))) and section 202(1) of this act.
15       (2) ((A professional employer organization is allowed a deduction
16   from the gross income of the business derived from performing
17   professional employer services that is equal to the portion of the
18   fee charged to a client that represents the actual cost of wages and
19   salaries,    benefits,    workers'   compensation,    payroll    taxes,
20   withholding, or other assessments paid to or on behalf of a covered
21   employee   by   the   professional  employer   organization   under   a
22   professional employer agreement.
23       (3) For the purposes of this section, the following definitions
24   apply:
25       (a))) "Client" means any person who enters into a professional
26   employer agreement with a professional employer organization. For
27   purposes of this subsection (((3)(a))) (2), "person" has the same
28   meaning as "buyer" in RCW 82.08.010.
29       (((b))) (3) "Coemployer" means either a professional employer
30   organization or a client.
31       (((c))) (4) "Coemployment relationship" means a relationship
32   which is intended to be an ongoing relationship rather than a
33   temporary or project-specific one, wherein the rights, duties, and
34   obligations of an employer which arise out of an employment
35   relationship have been allocated between coemployers pursuant to a
36   professional employer agreement and applicable state law. In such a
37   coemployment relationship:
38       (((i))) (a) The professional employer organization is entitled to
39   enforce only such employer rights and is subject to only those
                                      p. 101                        SB 5482
 1   obligations specifically allocated to the professional employer
 2   organization by the professional employer agreement or applicable
 3   state law;
 4       (((ii))) (b) The client is entitled to enforce those rights and
 5   obligated to provide and perform those employer obligations allocated
 6   to such client by the professional employer agreement and applicable
 7   state law; and
 8       (((iii))) (c) The client is entitled to enforce any right and
 9   obligated to perform any obligation of an employer not specifically
10   allocated   to  the   professional   employer  organization  by   the
11   professional employer agreement or applicable state law.
12       (((d))) (5) "Covered employee" means an individual having a
13   coemployment relationship with a professional employer organization
14   and a client who meets all of the following criteria: (((i))) (a) The
15   individual has received written notice of coemployment with the
16   professional employer organization, and (((ii))) (b) the individual's
17   coemployment relationship is pursuant to a professional employer
18   agreement. Individuals who are officers, directors, shareholders,
19   partners, and managers of the client are covered employees to the
20   extent the professional employer organization and the client have
21   expressly agreed in the professional employer agreement that such
22   individuals would be covered employees and provided such individuals
23   meet the criteria of this subsection and act as operational managers
24   or perform day-to-day operational services for the client.
25       (((e))) (6) "Professional employer agreement" means a written
26   contract by and between a client and a professional employer
27   organization that provides:
28       (((i))) (a) For the coemployment of covered employees; and
29       (((ii))) (b) For the allocation of employer rights and
30   obligations between the client and the professional employer
31   organization with respect to the covered employees.
32       (((f))) (7) "Professional employer organization" means any person
33   engaged in the business of providing professional employer services.
34   The following shall not be deemed to be professional employer
35   organizations or the providing of professional employer services for
36   purposes of this section:
37       (((i))) (a) Arrangements wherein a person, whose principal
38   business activity is not entering into professional employer
39   arrangements and which does not hold itself out as a professional
40   employer organization, shares employees with a commonly owned company
                                     p. 102                        SB 5482
 1   within the meaning of section 414(b) and (c) of the Internal Revenue
 2   Code of 1986, as amended;
 3       (((ii))) (b) Independent contractor arrangements by which a
 4   person assumes responsibility for the product produced or service
 5   performed by such person or his or her agents and retains and
 6   exercises primary direction and control over the work performed by
 7   the individuals whose services are supplied under such arrangements;
 8   or
 9       (((iii))) (c) Providing staffing services.
10       (((g))) (8) "Professional employer services" means the service of
11   entering into a coemployment relationship with a client in which all
12   or a majority of the employees providing services to a client or to a
13   division or work unit of a client are covered employees.
14       (((h))) (9) "Staffing services" means services consisting of a
15   person:
16       (((i))) (a) Recruiting and hiring its own employees;
17       (((ii))) (b) Finding other organizations that need the services
18   of those employees;
19       (((iii))) (c) Assigning those employees on a temporary basis to
20   perform work at or services for the other organizations to support or
21   supplement the other organizations' workforces, or to provide
22   assistance in special work situations such as, but not limited to,
23   employee absences, skill shortages, seasonal workloads, or to perform
24   special assignments or projects, all under the direction and
25   supervision of the customer; and
26       (((iv))) (d) Customarily attempting to reassign the employees to
27   other organizations when they finish each assignment.

28       Sec. 632. RCW 82.04.293 and 2019 c 426 s 3 are each amended to
29   read as follows:
30       ((For purposes of RCW 82.04.290:))
31       (1) A person is engaged in the business of providing qualifying
32   international investment management services, if:
33       (a) Such person is engaged primarily in the business of providing
34   investment management services;
35       (b) At least ten percent of the gross income of such person is
36   derived from providing investment management services to any of the
37   following:
38       (i) Collective investment funds commercially domiciled, as
39   defined in RCW 82.56.010, outside the United States; or
                                     p. 103                        SB 5482
 1       (ii) Collective investment funds with at least ten percent of
 2   their investments located outside the United States;
 3       (c) More than twenty-five percent of such person's employees are
 4   located in this state; and
 5       (d) Such person is a member of an affiliated group that
 6   collectively has:
 7       (i) Ten or more offices located in at least eight foreign
 8   countries;
 9       (ii) At least five hundred full-time employees worldwide;
10       (iii) Worldwide gross revenue of more than four hundred million
11   dollars during the entire current or immediately preceding calendar
12   year; and
13       (iv) Average assets under management of more than two hundred
14   billion dollars during the entire current or immediately preceding
15   calendar year.
16       (2) An affiliate of a person engaged in the business of providing
17   qualifying international investment management services is deemed to
18   also be engaged in the business of providing qualifying international
19   investment management services if the affiliate:
20       (a) Is primarily engaged in providing portfolio management, fund
21   administration, fund distribution, or transfer agent services, or any
22   combination of these activities, to, either directly or indirectly
23   through such affiliate's affiliated group, any of the following:
24       (i) Collective investment funds commercially domiciled, as
25   defined in RCW 82.56.010, outside the United States; or
26       (ii) Collective investment funds with at least ten percent of
27   their investments located outside the United States; and
28       (b) Satisfies the requirement under subsection (1)(c) of this
29   section.
30       (3) The definitions in this subsection apply throughout this
31   section unless the context clearly requires otherwise.
32       (a)(((i) "Affiliate" and "affiliated" mean a person that directly
33   or indirectly, through one or more intermediaries, controls, is
34   controlled by, or is under common control with another person.
35       (ii) For purposes of this subsection (3)(a), "control" means the
36   possession, directly or indirectly, of more than fifty percent of the
37   power to direct or cause the direction of the management and policies
38   of a person, whether through the ownership of voting shares, by
39   contract, or otherwise.


                                     p. 104                        SB 5482
 1       (b) "Affiliated group" means any group of two or more persons
 2   that are all affiliated with each other.
 3       (c))) "Collective investment fund" includes:
 4       (i) A mutual fund or other regulated investment company, as
 5   defined in section 851(a) of the internal revenue code of 1986, as
 6   amended;
 7       (ii) An "investment company," as that term is used in section
 8   3(a) of the investment company act of 1940, as well as any entity
 9   that would be an investment company for this purpose but for the
10   exemptions contained in section 3(c) (1) or (11);
11       (iii) An "employee benefit plan," which includes any plan, trust,
12   commingled employee benefit trust, or custodial arrangement that is
13   subject to the employee retirement income security act of 1974, as
14   amended, 29 U.S.C. Sec. 1001 et seq., or that is described in
15   sections 125, 401, 403, 408, 457, and 501(c)(9) and (17) through (23)
16   of the internal revenue code of 1986, as amended, or a similar plan
17   maintained by a state or local government, or a plan, trust, or
18   custodial arrangement established to self-insure benefits required by
19   federal, state, or local law;
20       (iv) A fund maintained by a tax-exempt organization, as defined
21   in section 501(c)(3) of the internal revenue code of 1986, as
22   amended, for operating, quasi-endowment, or endowment purposes;
23       (v) Funds that are established for the benefit of such tax-exempt
24   organizations, such as charitable remainder trusts, charitable lead
25   trusts, charitable annuity trusts, or other similar trusts; or
26       (vi) Collective investment funds similar to those described in
27   (((c))) (a)(i) through (v) of this subsection (3) created under the
28   laws of a foreign jurisdiction.
29       (((d))) (v) "Investment management services" means managing the
30   collective assets of a collective investment fund by engaging, either
31   directly or indirectly through such person's affiliated group, in all
32   of the following activities: (i) Portfolio management; (ii) fund
33   administration; (iii) fund distribution; and (iv) transfer agent
34   services.
35       (4) Investments are located outside the United States if the
36   underlying assets in which the investment constitutes a beneficial
37   interest reside or are created, issued or held outside the United
38   States.
39       (5) If before January 1, 2027, a person engaged in the business
40   of providing international investment management services no longer
                                     p. 105                        SB 5482
 1   meets the Washington state employment eligibility requirements under
 2   subsection (1)(c) of this section, then an amount equal to the entire
 3   economic benefit accruing to the person in the current and
 4   immediately prior nine consecutive calendar years, or the consecutive
 5   years since July 1, 2019, whichever is less, as a result of the
 6   preferential tax rate under RCW 82.04.290(1) is immediately due and
 7   payable.
 8       (6) The department must assess interest, but not penalties, on
 9   the amounts due under this section. The interest must be assessed at
10   the rate provided for delinquent excise taxes under chapter 82.32 RCW
11   and accrue until the taxes for which a tax preference has been used
12   are repaid.

13       Sec. 633. RCW 82.04.4328 and 2021 c 176 s 5247 are each amended
14   to read as follows:
15       (1) For the purposes of RCW ((82.04.4327,)) 82.08.031((,)) and
16   82.12.031, the term "artistic or cultural organization" means an
17   organization that is organized and operated exclusively for the
18   purpose of providing artistic or cultural exhibitions, presentations,
19   or performances or cultural or art education programs, as defined in
20   subsection (2) of this section, for viewing or attendance by the
21   general public. The organization must be a nonprofit corporation
22   under chapter 24.03A RCW and managed by a governing board of not less
23   than eight individuals none of whom is a paid employee of the
24   organization or by a corporation sole under chapter 24.12 RCW. In
25   addition, to qualify for deduction or exemption from taxation under
26   RCW ((82.04.4327,)) 82.08.031((,)) and 82.12.031, the corporation
27   must satisfy the following conditions:
28       (a) No part of its income may be paid directly or indirectly to
29   its members, stockholders, officers, directors, or trustees except in
30   the form of services rendered by the corporation in accordance with
31   its purposes and bylaws;
32       (b) Salary or compensation paid to its officers and executives
33   must be only for actual services rendered, and at levels comparable
34   to the salary or compensation of like positions within the state;
35       (c) Assets of the corporation must be irrevocably dedicated to
36   the activities for which the exemption is granted and, on the
37   liquidation, dissolution, or abandonment by the corporation, may not
38   inure directly or indirectly to the benefit of any member or


                                     p. 106                        SB 5482
 1   individual   except   a  nonprofit   organization,   association,  or
 2   corporation which also would be entitled to the exemption;
 3       (d) The corporation must be duly licensed or certified when
 4   licensing or certification is required by law or regulation;
 5       (e) The amounts received that qualify for exemption must be used
 6   for the activities for which the exemption is granted;
 7       (f) Services must be available regardless of race, color,
 8   national origin, or ancestry; and
 9       (g) The director of revenue must have access to its books in
10   order to determine whether the corporation is exempt from taxes.
11       (2) The term "artistic or cultural exhibitions, presentations, or
12   performances or cultural or art education programs" includes and is
13   limited to:
14       (a) An exhibition or presentation of works of art or objects of
15   cultural or historical significance, such as those commonly displayed
16   in art or history museums;
17        (b) A musical or dramatic performance or series of performances;
18   or
19       (c) An educational seminar or program, or series of such
20   programs, offered by the organization to the general public on an
21   artistic, cultural, or historical subject.


22       Sec. 634. RCW 82.04.431 and 2021 c 176 s 5246 are each amended
23   to read as follows:
24       (1) The term "health or social welfare organization" means an
25   organization, including any community action council, which renders
26   health or social welfare services as defined in subsection (2) of
27   this section, which is a domestic or foreign nonprofit corporation
28   under chapter 24.03A RCW and which is managed by a governing board of
29   not less than eight individuals none of whom is a paid employee of
30   the organization or which is a corporation sole under chapter 24.12
31   RCW. Health or social welfare organization does not include a
32   corporation providing professional services as authorized in chapter
33   18.100 RCW. In addition, a corporation ((in order to be exempt under
34   RCW 82.04.4297)) must satisfy the following conditions:
35       (a) No part of its income may be paid directly or indirectly to
36   its members, stockholders, officers, directors, or trustees except in
37   the form of services rendered by the corporation in accordance with
38   its purposes and bylaws;


                                      p. 107                       SB 5482
 1       (b) Salary or compensation paid to its officers and executives
 2   must be only for actual services rendered, and at levels comparable
 3   to the salary or compensation of like positions within the public
 4   service of the state;
 5       (c) Assets of the corporation must be irrevocably dedicated to
 6   ((the activities for which the exemption is granted)) providing
 7   health or social welfare services and, on the liquidation,
 8   dissolution, or abandonment by the corporation, may not inure
 9   directly or indirectly to the benefit of any member or individual
10   except a nonprofit organization, association, or corporation ((which
11   also would be entitled to the exemption)) that is also a health or
12   social welfare organization;
13       (d) The corporation must be duly licensed or certified where
14   licensing or certification is required by law or regulation;
15       (e) The amounts received ((qualifying)) for ((exemption))
16   providing health or social welfare services must be used for ((the
17   activities for which the exemption is granted)) those activities;
18       (f) Services must be available regardless of race, color,
19   national origin, or ancestry; and
20       (g) The director of revenue must have access to its books in
21   order to determine whether the corporation ((is exempt from taxes
22   within the intent of RCW 82.04.4297 and)) meets the conditions of
23   this section.
24       (2) The term "health or social welfare services" includes and is
25   limited to:
26       (a) Mental health, drug, or alcoholism counseling or treatment;
27       (b) Family counseling;
28       (c) Health care services;
29       (d) Therapeutic, diagnostic, rehabilitative, or restorative
30   services   for  the   care   of   the  sick,   aged,   or   physically,
31   developmentally, or emotionally-disabled individuals;
32       (e) Activities which are for the purpose of preventing or
33   ameliorating   juvenile   delinquency   or   child   abuse,   including
34   recreational activities for those purposes;
35       (f) Care of orphans or foster children;
36       (g) Day care of children;
37       (h) Employment development, training, and placement;
38       (i) Legal services to the indigent;
39       (j) Weatherization assistance or minor home repair for low-income
40   homeowners or renters;
                                      p. 108                        SB 5482
 1       (k) Assistance to low-income homeowners and renters to offset the
 2   cost of home heating energy, through direct benefits to eligible
 3   households or to fuel vendors on behalf of eligible households;
 4       (l) Community services to low-income individuals, families, and
 5   groups, which are designed to have a measurable and potentially major
 6   impact on causes of poverty in communities of the state; and
 7       (m) Temporary medical housing, as defined in RCW 82.08.997, if
 8   the housing is provided only:
 9       (i) While the patient is receiving medical treatment at a
10   hospital required to be licensed under RCW 70.41.090 or at an
11   outpatient clinic associated with such hospital, including any period
12   of recuperation or observation immediately following such medical
13   treatment; and
14       (ii) By a person that does not furnish lodging or related
15   services to the general public.


16       Sec. 635.   RCW 82.08.0209 and 2021 c 4 s 4 are each amended to
17   read as follows:
18       (1) The tax levied by RCW 82.08.020 does not apply to a grantee's
19   receipt of a qualifying grant that is exempt from ((business and
20   occupation)) margin tax under RCW 82.04.767.
21       (2) Nothing in this section may be construed to:
22       (a) Imply that the tax levied by RCW 82.08.020 applies to any
23   circumstance not described in subsection (1) of this section; or
24       (b) Provide an exemption from the tax levied by RCW 82.08.020 for
25   the grantee's use of a qualifying grant to acquire products in a
26   transaction meeting the definition of "retail sale" in RCW 82.04.050.
27       (3) For purposes of this section, the following definitions
28   apply:
29       (a) "Grantee" means the recipient of a qualifying grant.
30       (b) "Product" means the same as in RCW 82.32.023.
31       (c) "Qualifying grant" means the same as in RCW 82.04.767.


32       Sec. 636. RCW 82.08.02807 and 2020 c 139 s 13 are each amended
33   to read as follows:
34       (1) The tax levied by RCW 82.08.020 does not apply to the sales
35   of medical supplies, chemicals, or materials to an organ procurement
36   organization ((exempt under RCW 82.04.326)). This exemption does not
37   apply to the sale of construction materials, office equipment,
38   building equipment, administrative supplies, or vehicles.
                                     p. 109                        SB 5482
 1       (2) The definitions in this subsection apply throughout this
 2   section unless the context clearly requires otherwise.
 3       (a) "Chemical" means any catalyst, solvent, water, acid, oil, or
 4   other additive that physically or chemically interacts with blood,
 5   bone, or tissue.
 6       (b) "Materials" means any item of tangible personal property
 7   including, but not limited to, bags, packs, collecting sets,
 8   filtering materials, testing reagents, antisera, and refrigerants,
 9   used or consumed in performing research on, procuring, testing,
10   processing, storing, packaging, distributing, or using blood, bone,
11   or tissue.
12       (c) "Medical supplies" means any item of tangible personal
13   property, including any repair and replacement parts for such
14   tangible personal property, used by an organ procurement organization
15   ((exempt under RCW 82.04.326)) for the purpose of performing research
16   on, procuring, testing, processing, storing, packaging, distributing,
17   or using blood, bone, or tissue. The term includes tangible personal
18   property used to:
19       (i) Provide preparatory treatment of blood, bone, or tissue;
20       (ii) Control, guide, measure, tune, verify, align, regulate,
21   test, or physically support blood, bone, or tissue; or
22       (iii) Protect the health and safety of employees or others
23   present during research on, procuring, testing, processing, storing,
24   packaging, distributing, or using blood, bone, or tissue.
25       (d) "Organ procurement organization" means a qualified organ
26   procurement organization under 42 U.S.C. Sec. 273(b) in effect
27   January 1, 2022, that is exempt from federal income tax.

28       Sec. 637. RCW 82.08.0531 and 2021 c 145 s 10 are each amended to
29   read as follows:
30       (1) For purposes of this chapter and chapters 82.04 and 82.12
31   RCW, a marketplace facilitator is deemed to be an agent of any
32   marketplace seller making retail sales through the marketplace
33   facilitator's marketplace.
34       (2) Beginning October 1, 2018, marketplace facilitators subject
35   to a tax collection obligation under RCW 82.08.052 (1) or (2) must
36   collect and remit to the department retail sales tax on all taxable
37   retail sales made or facilitated by the marketplace facilitator,
38   whether in its own right or as an agent of a marketplace seller,
39   regardless of whether the marketplace seller is subject to a tax
                                     p. 110                        SB 5482
 1   collection obligation under RCW 82.08.052 (1) or (2). Beginning
 2   January 1, 2020, the collection obligation of a marketplace
 3   facilitator under this chapter also applies to any other taxes and
 4   fees, as defined under RCW 82.02.260, that are imposed on a retail
 5   sale made or facilitated by the marketplace facilitator, whether in
 6   its own right or as an agent of a marketplace seller, regardless of
 7   whether the marketplace seller has a tax collection obligation under
 8   RCW 82.08.052 (1) or (2).
 9       (3) In addition to other applicable recordkeeping requirements,
10   the department may require a marketplace facilitator to provide or
11   make available to the department any information the department
12   determines is reasonably necessary to enforce the provisions of this
13   chapter and chapter 82.13 RCW. Such information may include
14   documentation of sales made by marketplace sellers through the
15   marketplace facilitator's marketplace. The department may prescribe
16   by rule the form and manner for providing this information.
17       (4)(a) Beginning July 1, 2019, to ensure that marketplace sellers
18   have the necessary information to timely and accurately file their
19   excise tax returns with the department pursuant to RCW 82.32.045, a
20   marketplace facilitator must, at a minimum, provide each of its
21   marketplace sellers with access, through a written report or other
22   means, to gross sales information for all Washington sales made as an
23   agent of the marketplace seller under this section during the
24   immediately preceding month. Marketplace facilitators must provide
25   such access within fifteen calendar days following the end of each
26   month.
27       (b) If a marketplace seller does not receive the gross sales
28   information   for  all   Washington   sales  through   a   marketplace
29   facilitator, as required under (a) of this subsection (4), the
30   marketplace seller may determine its ((business and occupation tax
31   liability under chapter 82.04 RCW)) margin tax liability under
32   section 202 of this act based on a reasonable method of estimating
33   Washington sales as may be required or approved by the department.
34       (c) For purposes of this subsection, "Washington sales" means any
35   sale sourced to this state under RCW 82.32.730, regardless of whether
36   the sale is a retail sale.
37       (5) If a marketplace facilitator has fully complied with the
38   requirements of subsection (4)(a) of this section, the marketplace
39   facilitator is relieved of liability under this chapter and chapter
40   82.12 RCW for failure to collect the correct amount of tax to the
                                     p. 111                        SB 5482
 1   extent that the marketplace facilitator can show to the department's
 2   satisfaction that the error was due to incorrect information given to
 3   the marketplace facilitator by the marketplace seller, unless the
 4   marketplace facilitator and marketplace seller are affiliated
 5   persons. Where the marketplace facilitator is relieved of liability
 6   under this subsection (5), the marketplace seller is solely liable
 7   for the amount of uncollected tax due.
 8       (6)(a) Subject to the limits in (b) and (c) of this subsection
 9   (6), a marketplace facilitator that has fully complied with the
10   requirements of subsection (4)(a) of this section is relieved of
11   liability under this chapter and chapter 82.12 RCW for the failure to
12   collect tax on taxable retail sales to the extent that the
13   marketplace facilitator can show to the department's satisfaction
14   that:
15       (i) The taxable retail sale was made through the marketplace
16   facilitator's marketplace;
17       (ii) The taxable retail sale was made solely as the agent of a
18   marketplace seller, and the marketplace facilitator and marketplace
19   seller are not affiliated persons; and
20       (iii) The failure to collect sales tax was not due to an error in
21   sourcing the sale under RCW 82.32.730.
22       (b) Liability relief for a marketplace facilitator under (a) of
23   this subsection (6) for a calendar year is limited as follows:
24       (i) For calendar year 2018, the liability relief may not exceed
25   ten percent of the total tax due under this chapter and chapter 82.12
26   RCW on taxable retail sales facilitated by the marketplace
27   facilitator as agent of a marketplace seller and sourced to this
28   state under RCW 82.32.730 during the same calendar year.
29       (ii) For calendar year 2019, the liability relief may not exceed
30   five percent of the total tax due under this chapter and chapter
31   82.12 RCW on taxable retail sales by the marketplace facilitator as
32   agent of a marketplace seller and sourced to this state under RCW
33   82.32.730 during the same calendar year.
34       (iii) The provisions of this subsection (6) do not apply to
35   retail sales made after December 31, 2019.
36       (c) For purposes of this subsection (6), a retail sale is deemed
37   to be facilitated by a marketplace facilitator when the marketplace
38   facilitator either:
39       (i) Accepts the order for the product;


                                     p. 112                        SB 5482
 1       (ii) Communicates to the marketplace seller the buyer's offer to
 2   purchase the product;
 3       (iii) Accepts the buyer's payment for the product; or
 4       (iv) Delivers or arranges for delivery of the product.
 5       (d) Where the marketplace facilitator is relieved of liability
 6   under this subsection (6), the marketplace seller is also relieved of
 7   liability for the amount of uncollected tax due, subject to the
 8   limitations in subsection (7) of this section.
 9       (e) The department may by rule determine the manner in which a
10   taxpayer may claim the liability relief provided under this
11   subsection.
12       (7) Except as otherwise provided in this section, a marketplace
13   seller obligated to collect the taxes imposed under this chapter and
14   chapter 82.12 RCW is not required to collect such taxes on all
15   taxable retail sales through a marketplace operated by a marketplace
16   facilitator if the marketplace seller has obtained documentation from
17   the   marketplace   facilitator  indicating    that  the   marketplace
18   facilitator is registered with the department and will collect all
19   applicable taxes due under this chapter and chapter 82.12 RCW on all
20   taxable retail sales made on behalf of the marketplace seller through
21   the marketplace operated by the marketplace facilitator. The
22   documentation required by this subsection (7) must be provided in a
23   form and manner prescribed by or acceptable to the department. This
24   subsection (7) does not relieve a marketplace seller from liability
25   for uncollected taxes due under this chapter or chapter 82.12 RCW
26   resulting from a marketplace facilitator's failure to collect the
27   proper amount of tax due when the error was due to incorrect
28   information given to the marketplace facilitator by the marketplace
29   seller.
30       (8) No class action may be brought against a marketplace
31   facilitator in any court of this state on behalf of purchasers
32   arising from or in any way related to an overpayment of sales or use
33   tax collected by the marketplace facilitator, regardless of whether
34   that claim is characterized as a tax refund claim. Nothing in this
35   subsection affects a purchaser's right to seek a refund from the
36   department as provided under chapter 82.32 RCW.
37       (9) Nothing in this section affects the obligation of any
38   purchaser to remit sales or use tax and any other applicable taxes
39   and fees, as to any applicable taxable transaction in which the
40   seller or the seller's agent does not collect and remit sales tax.
                                     p. 113                        SB 5482
 1       Sec. 638. RCW 82.08.052 and 2019 c 8 s 106 are each amended to
 2   read as follows:
 3       (1)(a) From October 1, 2018, through December 31, 2019, a seller
 4   is obligated to collect and remit to the department the taxes imposed
 5   under this chapter, except as otherwise provided in RCW 82.08.0531(2)
 6   and this subsection, if the seller, in the current or immediately
 7   preceding calendar year, had:
 8       (i) More than one hundred thousand dollars of cumulative gross
 9   receipts from this state;
10       (ii) Subject to the limitation in (c)(ii) of this subsection (1),
11   two hundred or more separate transactions for the delivery of
12   products into this state; or
13       (iii) Subject to the limitation in RCW 82.32.531, physical
14   presence in this state under RCW 82.04.067.
15       (b) Cumulative gross receipts counting toward the threshold in
16   (a)(i) of this subsection include a person's gross income of the
17   business from all retail sales made by the seller and sourced to this
18   state under RCW 82.32.730.
19       (c)(i) Transactions counting toward the threshold in (a)(ii) of
20   this subsection include all retail sales transactions made by the
21   seller and sourced to this state under RCW 82.32.730.
22       (ii) From March 14, 2019, a seller is relieved of the obligation
23   to collect the taxes imposed under this chapter and remit those taxes
24   to the department if that obligation arose solely based on the
25   threshold in (a)(ii) of this subsection.
26       (iii) For purposes of the threshold in (a)(ii) of this subsection
27   "transaction" means an agreement to furnish a product or products for
28   consideration, and includes a sale as defined in RCW 82.04.040.
29       (iv) The term "transaction" does not include an agreement if the
30   agreement is canceled or rescinded before any of the products are
31   delivered to the buyer or other recipient designated by the buyer,
32   the seller retains no part of the consideration from the buyer, and
33   the seller did not collect from the buyer any tax imposed or
34   authorized under this title.
35       (v) With regard to agreements requiring multiple payments by the
36   consumer, such as a lease, rental, or installment sale, such
37   agreements count as a single transaction for purposes of this
38   subsection, regardless of the number of payments required under the
39   agreement. However, any modification of such an agreement that


                                     p. 114                        SB 5482
 1   provides for additional payments is counted as an additional
 2   transaction.
 3       (d)(i) Subject to (b) and (c) of this subsection (1), for a
 4   marketplace facilitator, receipts and transactions counting toward
 5   the thresholds in (a)(i) and (ii) of this subsection include, in
 6   addition to the cumulative gross receipts and separate transactions
 7   of its own sales, the cumulative gross receipts and separate
 8   transactions from sales by all marketplace sellers through the
 9   marketplace facilitator's marketplace, including marketplace sellers
10   that are not obligated to collect the taxes under this chapter
11   pursuant to the provisions of this section.
12       (ii) For a purchase made by one consumer through a marketplace
13   facilitator,   where  the   purchase   involves  sales  by   multiple
14   marketplace sellers, the purchase is deemed to be one transaction for
15   the marketplace facilitator and one transaction apiece for each
16   marketplace seller.
17       (2) Beginning January 1, 2020, a seller with a substantial nexus
18   with this state under RCW 82.04.067 is obligated to collect and remit
19   to the department the taxes imposed under this chapter.
20       (3)(a) For purposes of this section, the following definitions
21   apply:
22       (i) (("Apportionable income" has the same meaning as provided in
23   RCW 82.04.460.
24       (ii))) "Gross income of the business" has the same meaning as
25   provided in RCW 82.04.080.
26       (((iii))) (ii) "Product" has the same meaning as provided in RCW
27   82.32.023.
28       (b) The definitions in RCW 82.13.010 apply to this section
29   through June 30, 2019.
30       (4)(a) A seller whose obligation to collect the taxes imposed
31   under this chapter arises after October 1, 2018, must begin
32   collecting taxes imposed under this chapter as follows:
33       (i) For a remote seller, on the first day of the first calendar
34   month that is at least thirty days from the date that the remote
35   seller becomes required under subsection (1) or (2) of this section
36   to collect the taxes imposed under this chapter.
37       (ii) For a seller that has a physical presence in this state,
38   immediately upon establishing a tax collection obligation under
39   subsection (1)(a)(iii) or (2) of this section.


                                     p. 115                        SB 5482
 1       (b) Nothing in this subsection (4) affects the ongoing tax
 2   collection obligation of any seller that was required, or elected, to
 3   collect the taxes imposed under this chapter on or before October 1,
 4   2018.
 5       (5) This section is subject to RCW 82.32.762.


 6       Sec. 639. RCW 82.08.0291 and 2015 c 169 s 4 are each amended to
 7   read as follows:
 8       (1) The tax imposed by RCW 82.08.020 does not apply to sales
 9   defined as a sale at retail and retail sale under RCW 82.04.050
10   (3)(g) or (15), by a nonprofit youth organization, ((as defined in
11   RCW 82.04.4271,)) to members of the organization; and the tax does
12   not apply to physical fitness classes provided by a local government.
13       (2) "Nonprofit youth organization" means a nonprofit organization
14   engaged in character building of youth that is exempt from property
15   tax under RCW 84.36.030.


16       Sec. 640. RCW 82.08.0311 and 1988 c 68 s 1 are each amended to
17   read as follows:
18       The tax levied by RCW 82.08.020 shall not apply to sales of
19   materials and supplies directly used in the packing of fresh
20   perishable horticultural products ((by any person entitled to a
21   deduction under RCW 82.04.4287)) for farmers either as an agent or an
22   independent contractor.


23       Sec. 641. RCW 82.08.207 and 2019 c 426 s 6 are each amended to
24   read as follows:
25       (1) The tax imposed by RCW 82.08.020 does not apply to sales of
26   standard financial information to qualifying international investment
27   management companies or persons affiliated with a qualifying
28   international investment management company. The exemption provided
29   in this section applies regardless of whether the standard financial
30   information is provided to the buyer in a tangible format or on a
31   tangible storage medium or as a digital product transferred
32   electronically.
33       (2) Sellers making tax-exempt sales under this section must
34   obtain an exemption certificate from the buyer in a form and manner
35   prescribed by the department. The seller must retain a copy of the
36   exemption certificate for the seller's files. In lieu of an exemption
37   certificate, a seller may capture the relevant data elements as
                                     p. 116                        SB 5482
 1   allowed under the streamlined sales and use tax agreement. For
 2   sellers who electronically file their taxes, the department must
 3   provide a separate tax reporting line for exemption amounts claimed
 4   under this section.
 5       (3) A buyer may not continue to claim the exemption under this
 6   section once the buyer has purchased standard financial information
 7   during the current calendar year with an aggregate total selling
 8   price in excess of fifteen million dollars and an exemption has been
 9   claimed under this section or RCW 82.12.207 for such standard
10   financial information. The fifteen million dollar limitation under
11   this subsection does not apply to any other exemption under this
12   chapter that applies to standard financial information. Sellers are
13   not responsible for ensuring a buyer's compliance with the fifteen
14   million dollar limitation under this subsection. Sellers may not be
15   assessed for uncollected sales tax on a sale to a buyer claiming an
16   exemption under this section after having exceeded the fifteen
17   million dollar limitation under this subsection, except as provided
18   in RCW 82.08.050 (4) and (5).
19       (4) The definitions in this subsection and RCW 82.04.293 apply
20   throughout   this   section   unless    the   context   clearly   requires
21   otherwise.
22       (a) "Qualifying international investment management company"
23   means a person who ((is)) would be eligible for the tax rate in RCW
24   82.04.290(1) were that statute still in effect.
25       (b)(i) "Standard financial information" means financial data,
26   facts, or information, or financial information services, not
27   generated, compiled, or developed only for a single customer.
28   Standard financial information includes, but is not limited to,
29   financial market data, bond ratings, credit ratings, and deposit,
30   loan, or mortgage reports.
31       (ii) For purposes of this subsection (4)(b), "financial market
32   data" means market pricing information, such as for securities,
33   commodities, and derivatives; corporate actions for publicly and
34   privately   traded   companies,    such    as   dividend   schedules   and
35   reorganizations; corporate attributes, such as domicile, currencies
36   used,   and   exchanges   where   shares    are   traded;   and   currency
37   information.
38       (5) This section expires July 1, 2031.



                                       p. 117                          SB 5482
 1       Sec. 642. RCW 82.08.806 and 2020 c 139 s 16 are each amended to
 2   read as follows:
 3       (1) The tax levied by RCW 82.08.020 does not apply to sales, to a
 4   printer or publisher, of computer equipment, including repair parts
 5   and replacement parts for such equipment, when the computer equipment
 6   is used primarily in the printing or publishing of any printed
 7   material, or to sales of or charges made for labor and services
 8   rendered in respect to installing, repairing, cleaning, altering, or
 9   improving the computer equipment. This exemption applies only to
10   computer equipment not otherwise exempt under RCW 82.08.02565.
11       (2) A person taking the exemption under this section must keep
12   records necessary for the department to verify eligibility under this
13   section. This exemption is available only when the purchaser provides
14   the seller with an exemption certificate in a form and manner
15   prescribed by the department. The seller must retain a copy of the
16   certificate for the seller's files.
17       (3) The definitions in this subsection (3) apply throughout this
18   section, unless the context clearly requires otherwise.
19       (a) "Computer" has the same meaning as in RCW 82.04.215.
20       (b) "Computer equipment" means a computer and the associated
21   physical components that constitute a computer system, including
22   monitors, keyboards, printers, modems, scanners, pointing devices,
23   and other computer peripheral equipment, cables, servers, and
24   routers. "Computer equipment" also includes digital cameras and
25   computer software.
26       (c) "Computer software" has the same meaning as in RCW 82.04.215.
27       (d) "Primarily" means greater than fifty percent as measured by
28   time.
29       (e) "Printer or publisher" means a person((, as defined in RCW
30   82.04.030, who is subject to tax under RCW 82.04.260(14) or
31   82.04.280(1)(a))) engaging in the business of printing materials or
32   of publishing newspapers, periodicals, or magazines as those terms
33   are defined in RCW 82.04.214 and 82.04.280.
34       (4) "Computer equipment" does not include computer equipment that
35   is used primarily for administrative purposes including but not
36   limited   to  payroll   processing,   accounting,  customer   service,
37   telemarketing, and collection. If computer equipment is used
38   simultaneously for administrative and nonadministrative purposes, the
39   administrative use must be disregarded during the period of


                                     p. 118                        SB 5482
 1   simultaneous use for purposes of determining whether the computer
 2   equipment is used primarily for administrative purposes.


 3       Sec. 643. RCW 82.08.820 and 2022 c 16 s 153 are each amended to
 4   read as follows:
 5       (1) Wholesalers or third-party warehousers who own or operate
 6   warehouses or grain elevators and retailers who own or operate
 7   distribution centers, and who have paid the tax levied by RCW
 8   82.08.020 on:
 9       (a) Material-handling and racking equipment, and labor and
10   services rendered in respect to installing, repairing, cleaning,
11   altering, or improving the equipment; or
12       (b) Construction of a warehouse or grain elevator, including
13   materials, and including service and labor costs,
14   are eligible for an exemption in the form of a remittance. The amount
15   of the remittance is computed under subsection (3) of this section
16   and is based on the state share of sales tax.
17       (2) For purposes of this section and RCW 82.12.820:
18       (a) "Agricultural products" has the meaning given in RCW
19   82.04.213;
20       (b) "Construction" means the actual construction of a warehouse
21   or grain elevator that did not exist before the construction began.
22   "Construction" includes expansion if the expansion adds at least two
23   hundred thousand square feet of additional space to an existing
24   warehouse or additional storage capacity of at least one million
25   bushels to an existing grain elevator. "Construction" does not
26   include renovation, remodeling, or repair;
27       (c) "Department" means the department of revenue;
28       (d) "Distribution center" means a warehouse that is used
29   exclusively by a retailer solely for the storage and distribution of
30   finished goods to retail outlets of the retailer. "Distribution
31   center" does not include a warehouse at which retail sales occur;
32       (e) "Finished goods" means tangible personal property intended
33   for sale by a retailer or wholesaler. "Finished goods" does not
34   include:
35       (i) Agricultural products stored by wholesalers, third-party
36   warehouses, or retailers if the storage takes place on the land of
37   the person who produced the agricultural product;
38       (ii) Logs, minerals, petroleum, gas, or other extracted products
39   stored as raw materials or in bulk; or
                                     p. 119                        SB 5482
 1       (iii) Cannabis, useable cannabis, or cannabis-infused products;
 2       (f) "Grain elevator" means a structure used for storage and
 3   handling of grain in bulk;
 4       (g) "Material-handling equipment and racking equipment" means
 5   equipment in a warehouse or grain elevator that is primarily used to
 6   handle, store, organize, convey, package, or repackage finished
 7   goods. The term includes tangible personal property with a useful
 8   life of one year or more that becomes an ingredient or component of
 9   the equipment, including repair and replacement parts. The term does
10   not include equipment in offices, lunchrooms, restrooms, and other
11   like space, within a warehouse or grain elevator, or equipment used
12   for nonwarehousing purposes. "Material-handling equipment" includes
13   but is not limited to: Conveyers, carousels, lifts, positioners,
14   pick-up-and-place units, cranes, hoists, mechanical arms, and robots;
15   mechanized systems, including containers that are an integral part of
16   the system, whose purpose is to lift or move tangible personal
17   property; and automated handling, storage, and retrieval systems,
18   including computers that control them, whose purpose is to lift or
19   move tangible personal property; and forklifts and other off-the-road
20   vehicles that are used to lift or move tangible personal property and
21   that cannot be operated legally on roads and streets. "Racking
22   equipment" includes, but is not limited to, conveying systems,
23   chutes, shelves, racks, bins, drawers, pallets, and other containers
24   and storage devices that form a necessary part of the storage system;
25       (h) "Person" has the meaning given in RCW 82.04.030;
26       (i) "Retailer" means a person who makes "sales at retail" as
27   defined in chapter 82.04 RCW of tangible personal property;
28       (j) "Square footage" means the product of the two horizontal
29   dimensions of each floor of a specific warehouse. The entire
30   footprint of the warehouse must be measured in calculating the square
31   footage, including space that juts out from the building profile such
32   as loading docks. "Square footage" does not mean the aggregate of the
33   square footage of more than one warehouse at a location or the
34   aggregate of the square footage of warehouses at more than one
35   location;
36       (k) (("Third-party warehouser" means a person taxable under RCW
37   82.04.280(1)(d);
38       (l))) "Warehouse" means an enclosed building or structure in
39   which finished goods are stored. A warehouse building or structure
40   may have more than one storage room and more than one floor. Office
                                     p. 120                        SB 5482
 1   space, lunchrooms, restrooms, and other space within the warehouse
 2   and necessary for the operation of the warehouse are considered part
 3   of the warehouse as are loading docks and other such space attached
 4   to the building and used for handling of finished goods. Landscaping
 5   and parking lots are not considered part of the warehouse. A storage
 6   yard is not a warehouse, nor is a building in which manufacturing
 7   takes place; and
 8       (((m))) (l) "Wholesaler" means a person who makes "sales at
 9   wholesale" as defined in chapter 82.04 RCW of tangible personal
10   property, but "wholesaler" does not include a ((person)) farmer who
11   makes sales ((exempt under RCW 82.04.330)) at wholesale of
12   agricultural products. The definitions in RCW 82.04.060 and 82.04.213
13   apply to this subsection (2)(l).
14       (3)(a) A person claiming an exemption from state tax in the form
15   of a remittance under this section must pay the tax imposed by RCW
16   82.08.020. The buyer may then apply to the department for remittance
17   of all or part of the tax paid under RCW 82.08.020. For grain
18   elevators with bushel capacity of one million but less than two
19   million, the remittance is equal to fifty percent of the amount of
20   tax paid. For warehouses with square footage of two hundred thousand
21   or more and for grain elevators with bushel capacity of two million
22   or more, the remittance is equal to one hundred percent of the amount
23   of tax paid for qualifying construction, materials, service, and
24   labor, and fifty percent of the amount of tax paid for qualifying
25   material-handling equipment and racking equipment, and labor and
26   services rendered in respect to installing, repairing, cleaning,
27   altering, or improving the equipment.
28       (b) The department must determine eligibility under this section
29   based on information provided by the buyer and through audit and
30   other administrative records. The buyer must on a quarterly basis
31   submit an information sheet, in a form and manner as required by the
32   department by rule, specifying the amount of exempted tax claimed and
33   the qualifying purchases or acquisitions for which the exemption is
34   claimed. The buyer must retain, in adequate detail to enable the
35   department to determine whether the equipment or construction meets
36   the criteria under this section: Invoices; proof of tax paid;
37   documents describing the material-handling equipment and racking
38   equipment; location and size of warehouses and grain elevators; and
39   construction invoices and documents.


                                     p. 121                        SB 5482
 1       (c) The department must on a quarterly basis remit exempted
 2   amounts to qualifying persons who submitted applications during the
 3   previous quarter.
 4       (4) Warehouses, grain elevators, and material-handling equipment
 5   and racking equipment for which an exemption, credit, or deferral has
 6   been or is being received under chapter 82.60, 82.62, or 82.63 RCW or
 7   RCW 82.08.02565 or 82.12.02565 are not eligible for any remittance
 8   under this section. Warehouses and grain elevators upon which
 9   construction was initiated before May 20, 1997, are not eligible for
10   a remittance under this section.
11       (5) The lessor or owner of a warehouse or grain elevator is not
12   eligible for a remittance under this section unless the underlying
13   ownership of the warehouse or grain elevator and the material-
14   handling equipment and racking equipment vests exclusively in the
15   same person, or unless the lessor by written contract agrees to pass
16   the economic benefit of the remittance to the lessee in the form of
17   reduced rent payments.


18       Sec. 644. RCW 82.08.830 and 1997 c 388 s 2 are each amended to
19   read as follows:
20       The tax levied by RCW 82.08.020 ((shall)) does not apply to a
21   sale of any of the following items made at a camp or conference
22   center ((if the gross income from the sale is exempt under RCW
23   82.04.363)) conducted on property exempt from property tax under RCW
24   84.36.030 (1), (2), or (3):
25       (1) Lodging, conference and meeting rooms, camping facilities,
26   parking, and similar licenses to use real property;
27       (2) Food and meals; and
28       (3) Books, tapes, and other products, including books and other
29   products that are transferred electronically, that are available
30   exclusively to the participants at the camp, conference, or meeting
31   and are not available to the public at large.


32       Sec. 645. RCW 82.08.965 and 2017 3rd sp.s. c 37 s 510 are each
33   amended to read as follows:
34       (1) The tax levied by RCW 82.08.020 does not apply to charges
35   made for labor and services rendered in respect to the constructing
36   of new buildings used for the manufacturing of semiconductor
37   materials, to sales of tangible personal property that will be
38   incorporated as an ingredient or component of such buildings during
                                     p. 122                        SB 5482
 1   the course of the constructing, or to labor and services rendered in
 2   respect to installing, during the course of constructing, building
 3   fixtures not otherwise eligible for the exemption under RCW
 4   82.08.02565(2)(b). The exemption is available only when the buyer
 5   provides the seller with an exemption certificate in a form and
 6   manner prescribed by the department. The seller must retain a copy of
 7   the certificate for the seller's files.
 8       (2) To be eligible under this section the manufacturer or
 9   processor for hire must meet the following requirements for an eight-
10   year period, such period beginning the day the new building commences
11   commercial production, or a portion of tax otherwise due will be
12   immediately due and payable pursuant to subsection (3) of this
13   section:
14       (a) The manufacturer or processor for hire must maintain at least
15   seventy-five percent of full employment at the new building for which
16   the exemption under this section is claimed.
17       (b) Before commencing commercial production at a new facility the
18   manufacturer or processor for hire must meet with the department to
19   review projected employment levels in the new buildings. The
20   department, using information provided by the taxpayer, must make a
21   determination of the number of positions that would be filled at full
22   employment. This number must be used throughout the eight-year period
23   to determine whether any tax is to be repaid. This information is not
24   subject to the confidentiality provisions of RCW 82.32.330 and may be
25   disclosed to the public upon request.
26       (c) In those situations where a production building in existence
27   on the effective date of this section will be phased out of operation
28   during which time employment at the new building at the same site is
29   increased, the manufacturer or processor for hire must maintain
30   seventy-five percent of full employment at the manufacturing site
31   overall.
32       (d) No application is necessary for the tax exemption. The person
33   is subject to all the requirements of chapter 82.32 RCW. A person
34   claiming the exemption under this section must file a complete annual
35   tax performance report with the department under RCW 82.32.534.
36       (3) If the employment requirement is not met for any one calendar
37   year, one-eighth of the exempt sales and use taxes will be due and
38   payable by April 1st of the following year. The department must
39   assess interest to the date the tax was imposed, but not penalties,
40   on the taxes for which the person is not eligible.
                                     p. 123                        SB 5482
 1       (4) The exemption applies to new buildings, or parts of
 2   buildings, that are used exclusively in the manufacturing of
 3   semiconductor materials, including the storage of raw materials and
 4   finished product.
 5       (5) For the purposes of this section:
 6       (a) "Commencement of commercial production" is deemed to have
 7   occurred when the equipment and process qualifications in the new
 8   building are completed and production for sale has begun.
 9       (b) "Full employment" is the number of positions required for
10   full capacity production at the new building, for positions such as
11   line workers, engineers, and technicians.
12       (c) "Semiconductor materials" ((has the same meaning as provided
13   in RCW 82.04.240(2))) means silicon crystals, silicon ingots, raw
14   polished semiconductor wafers, compound semiconductors, integrated
15   circuits, and microchips.
16       (6) No exemption may be taken after the expiration date of this
17   section, however all of the eligibility criteria and limitations are
18   applicable to any exemptions claimed before that date.
19       (7) This section expires January 1, 2024, unless the contingency
20   in RCW 82.32.790(2) occurs.


21       Sec. 646. RCW 82.08.9651 and 2021 c 145 s 12 are each amended to
22   read as follows:
23       (1) The tax levied by RCW 82.08.020 does not apply to sales of
24   gases and chemicals used by a manufacturer or processor for hire in
25   the production of semiconductor materials. This exemption is limited
26   to gases and chemicals used in the production process to grow the
27   product, deposit or grow permanent or sacrificial layers on the
28   product, to etch or remove material from the product, to anneal the
29   product, to immerse the product, to clean the product, and other such
30   uses whereby the gases and chemicals come into direct contact with
31   the product during the production process, or uses of gases and
32   chemicals to clean the chambers and other like equipment in which
33   such processing takes place. For the purposes of this section,
34   "semiconductor materials" has the meaning provided in RCW 82.04.2404
35   and 82.04.294(((3))).
36       (2) A person claiming the exemption under this section must file
37   a complete annual tax performance report with the department under
38   RCW 82.32.534.


                                     p. 124                        SB 5482
1        (3) No application is necessary for the tax exemption. The person
2    is subject to all of the requirements of chapter 82.32 RCW.
3        (4) Any person who has claimed the exemption under this section
4    must reimburse the department for fifty percent of the amount of the
5    tax preference under this section, if the number of persons employed
6    by the person claiming the tax preference is less than ninety percent
7    of the person's three-year employment average for the three years
8    immediately preceding the year in which the exemption is claimed.
9        (5) This section expires December 1, 2028.


10       Sec. 647. RCW 82.08.970 and 2017 3rd sp.s. c 37 s 520 are each
11   amended to read as follows:
12       (1) The tax levied by RCW 82.08.020 does not apply to sales of
13   gases and chemicals used by a manufacturer or processor for hire in
14   the manufacturing of semiconductor materials. This exemption is
15   limited to gases and chemicals used in the manufacturing process to
16   grow the product, deposit or grow permanent or sacrificial layers on
17   the product, to etch or remove material from the product, to anneal
18   the product, to immerse the product, to clean the product, and other
19   such uses whereby the gases and chemicals come into direct contact
20   with the product during the manufacturing process, or uses of gases
21   and chemicals to clean the chambers and other like equipment in which
22   such processing takes place. For the purposes of this section,
23   "semiconductor materials" ((has the same meaning as provided in RCW
24   82.04.240(2))) means silicon crystals, silicon ingots, raw polished
25   semiconductor wafers, compound semiconductors, integrated circuits,
26   and microchips.
27       (2) A person claiming the exemption under this section must file
28   a complete annual tax performance report with the department under
29   RCW 82.32.534. No application is necessary for the tax exemption. The
30   person is subject to all of the requirements of chapter 82.32 RCW.
31       (3) This section expires January 1, 2024, unless the contingency
32   in RCW 82.32.790(2) occurs.


33       Sec. 648. RCW 82.08.990 and 2007 c 477 s 3 are each amended to
34   read as follows:
35       (1) The tax imposed by RCW 82.08.020 does not apply to ((sales of
36   tangible personal property if the sale is exempt from business and
37   occupation tax under RCW 82.04.610)):
38       (a) The sale of tangible personal property in export commerce; or
                                     p. 125                        SB 5482
 1       (b) The wholesale sale of tangible personal property in import
 2   commerce, but only when the wholesale sale is:
 3       (i) A sale of unroasted coffee beans; or
 4       (ii) Between a parent company and its wholly owned subsidiary.
 5       (2) Tangible personal property is in import commerce while the
 6   property is in the process of import transportation. Except as
 7   provided in (a) through (c) of this subsection, property is in the
 8   process of import transportation from the time the property begins
 9   its transportation at a point outside of the United States until the
10   time that the property is delivered to the buyer in this state.
11   Property is also in the process of import transportation if it is
12   merely flowing through this state on its way to a destination in some
13   other state or country. However, property is no longer in the process
14   of import transportation when the property is:
15       (a) Put to actual use in any state, territory, or possession of
16   the United States for any purpose;
17       (b) Resold by the importer or any other person after the property
18   has arrived in this state or any other state, territory, or
19   possession of the United States, regardless of whether the property
20   is in its original unbroken package or container; or
21       (c) Processed, handled, or otherwise stopped in transit for a
22   business purpose other than shipping needs, if the processing,
23   handling, or other stoppage of transit occurs within the United
24   States, including any of its possessions or territories, or the
25   territorial waters of this state or any other state, regardless of
26   whether the processing, handling, or other stoppage of transit occurs
27   within a foreign trade zone.
28       (3)(a) Tangible personal property is in export commerce when the
29   seller delivers the property to:
30       (i) The buyer at a destination in a foreign country;
31       (ii) A carrier consigned to and for transportation to a
32   destination in a foreign country;
33       (iii) The buyer at shipside or aboard the buyer's vessel or other
34   vehicle of transportation under circumstances where it is clear that
35   the process of exportation of the property has begun; or
36       (iv) The buyer in this state if the property is capable of being
37   transported to a foreign destination under its own power, the seller
38   files a shipper's export declaration with respect to the property
39   listing the seller as the exporter, and the buyer immediately
40   transports the property directly to a destination in a foreign
                                     p. 126                        SB 5482
 1   country. This subsection (3)(a)(iv) does not apply to sales of motor
 2   vehicles as defined in RCW 46.04.320.
 3       (b) The exemption under this subsection (3) applies with respect
 4   to property delivered to the buyer in this state if, at the time of
 5   delivery, there is a certainty of export, and the process of
 6   exportation has begun. The process of exportation has not begun if
 7   the property is merely in storage awaiting shipment, even though
 8   there is reasonable certainty that the property will be exported. The
 9   intention to export, as evidenced, for example, by financial and
10   contractual relationships does not indicate certainty of export. The
11   process of exportation begins when the property starts its final and
12   certain continuous movement to a destination in a foreign country.
13       (4) Persons claiming an exemption under this section must keep
14   and    maintain     records    for    the    period     required   by
15   RCW 82.32.070 establishing their right to the exemption.


16       Sec. 649. RCW 82.12.02749 and 2020 c 139 s 19 are each amended
17   to read as follows:
18       The tax levied by RCW 82.08.020 does not apply to the use of
19   medical supplies, chemicals, or materials by an organ procurement
20   organization ((exempt under RCW 82.04.326)). The definitions of organ
21   procurement organization, medical supplies, chemicals, and materials
22   in RCW 82.08.02807 apply to this section. This exemption does not
23   apply to the use of construction materials, office equipment,
24   building equipment, administrative supplies, or vehicles.


25       Sec. 650. RCW 82.12.0311 and 1988 c 68 s 2 are each amended to
26   read as follows:
27       The provisions of this chapter ((shall)) do not apply with
28   respect to the use of materials and supplies directly used in the
29   packing of fresh perishable horticultural products ((by any person
30   entitled to a deduction under RCW 82.04.4287)) for farmers, either as
31   an agent or an independent contractor.


32       Sec. 651. RCW 82.12.970 and 2017 3rd sp.s. c 37 s 522 are each
33   amended to read as follows:
34       (1) The provisions of this chapter do not apply with respect to
35   the use of gases and chemicals used by a manufacturer or processor
36   for hire in the manufacturing of semiconductor materials. This
37   exemption is limited to gases and chemicals used in the manufacturing
                                     p. 127                        SB 5482
 1   process to grow the product, deposit or grow permanent or sacrificial
 2   layers on the product, to etch or remove material from the product,
 3   to anneal the product, to immerse the product, to clean the product,
 4   and other such uses whereby the gases and chemicals come into direct
 5   contact with the product during the manufacturing process, or uses of
 6   gases and chemicals to clean the chambers and other like equipment in
 7   which such processing takes place. For purposes of this section,
 8   "semiconductor materials" ((has the same meaning as provided in RCW
 9   82.04.240(2))) means silicon crystals, silicon ingots, raw polished
10   semiconductor wafers, compound semiconductors, integrated circuits,
11   and microchips.
12       (2) A person claiming the exemption under this section must file
13   a complete annual tax performance report with the department under
14   RCW 82.32.534. No application is necessary for the tax exemption. The
15   person is subject to all of the requirements of chapter 82.32 RCW.
16       (3) This section expires January 1, 2024, unless the contingency
17   in RCW 82.32.790(2) occurs.


18       Sec. 652. RCW 82.14B.061 and 2022 c 203 s 26 are each amended to
19   read as follows:
20       (1) The department must administer and adopt rules as may be
21   necessary to enforce and administer the state and county 911 excise
22   taxes imposed or authorized by this chapter. Chapter 82.32 RCW, with
23   the exception of RCW 82.32.045, 82.32.145, and 82.32.380, applies to
24   the administration, collection, and enforcement of the state and
25   county 911 excise taxes.
26       (2) The state and county 911 excise taxes imposed or authorized
27   by this chapter, along with reports and returns on forms prescribed
28   by the department, are due at the same time the taxpayer reports
29   other taxes under RCW 82.32.045 on the combined excise tax return. If
30   no other taxes are reported under RCW 82.32.045 on the combined
31   excise tax return, the taxpayer must remit tax on an annual basis in
32   accordance with RCW 82.32.045.
33       (3) The department may relieve any taxpayer or class of taxpayers
34   from the obligation of remitting monthly and may require the return
35   to cover other longer reporting periods, but in no event may returns
36   be filed for a period greater than one year.
37       (4) The state and county 911 excise taxes imposed or authorized
38   by this chapter are in addition to any taxes imposed upon the same
39   persons under chapters 82.08, 82.12, and 82.14 RCW.
                                     p. 128                        SB 5482
 1       (5) Returns must be filed electronically using the department's
 2   online tax filing service or other method of electronic reporting as
 3   the department may authorize as provided in RCW 82.32.080.


 4       Sec. 653. RCW 82.16.0496 and 2022 c 182 s 308 are each amended
 5   to read as follows:
 6       (1)(a)(i) A person who is taxable under this chapter is allowed a
 7   credit against the tax imposed in this chapter according to the gross
 8   vehicle weight rating of the vehicle and the incremental cost of the
 9   vehicle purchased above the purchase price of a comparable
10   conventionally fueled vehicle. The credit is limited, as set forth in
11   the table below, to the lesser of the incremental cost amount or the
12   maximum credit amount per vehicle purchased, and subject to a maximum
13   annual credit amount per vehicle class.

14     Gross Vehicle Weight     Incremental Cost Amount      Maximum Credit Amount   Maximum Annual Credit
15                                                                 Per Vehicle          Per Vehicle Class

16     Up to 14,000 pounds      75% of incremental cost             $25,000                $2,000,000

17    14,001 to 26,500 pounds   75% of incremental cost             $50,000                $2,000,000

18     Above 26,500 pounds      75% of incremental cost            $100,000                $2,000,000

19       (ii) A person who is taxable under this chapter is allowed a
20   credit against the tax imposed in this chapter for up to 50 percent
21   of the cost to purchase alternative fuel vehicle infrastructure,
22   tangible personal property that will become a component of
23   alternative fuel vehicle infrastructure, and installation and
24   construction   of   alternative   fuel   vehicle   infrastructure,   but
25   excluding the cost of property acquisition and site improvement
26   related   to    the   installation    of   alternative    fuel   vehicle
27   infrastructure. The credit is subject to a maximum annual credit
28   amount of $2,000,000.
29       (b) On September 1st of each year, any unused credits from any
30   category identified in (a) of this subsection must be made available
31   to applicants applying for credits under any other category
32   identified in (a) of this subsection, subject to the maximum annual
33   and total credit amounts identified in this subsection. The credit
34   established in this section ((and RCW 82.04.4496)) is subject to a
35   maximum annual credit amount of $6,000,000, and a maximum total
36   credit amount of $32,500,000 beginning July 15, 2015.


                                                          p. 129                                   SB 5482
 1       (c) The credit provided in (a)(i) of this subsection is available
 2   for the lease of a vehicle. The credit amount for a leased vehicle is
 3   equal to the credit in (a)(i) of this subsection multiplied by the
 4   lease reduction factor. The person claiming the credit for a leased
 5   vehicle must be the lessee as identified in the lease contract.
 6       (2) A person who is taxable under this chapter is allowed,
 7   subject to the maximum annual credit per category in subsection
 8   (1)(a) of this section, a credit against the tax imposed in this
 9   chapter for the lesser of $25,000 or 50 percent of the costs of
10   converting a commercial vehicle to be principally powered by a clean
11   alternative fuel with a United States environmental protection agency
12   certified conversion.
13       (3) The total credits under subsection (1)(a)(i) of this section
14   may not exceed the lesser of $250,000 or 25 vehicles per person per
15   calendar year.
16       (4) ((A person may not receive credit under this section for
17   amounts claimed as credits under chapter 82.04 RCW.
18       (5))) Credits are available on a first-in-time basis.
19       (a) The department must disallow any credits, or portion thereof,
20   that would cause the total amount of credits claimed under this
21   section((, and RCW 82.04.4496,)) during any calendar year to exceed
22   $6,000,000. The department must provide notification on its website
23   monthly on the amount of credits that have been applied for, the
24   amount issued, and the amount remaining before the statewide annual
25   limit is reached. In addition, the department must provide written
26   notice to any person who has applied to claim tax credits in excess
27   of the limitation in this subsection.
28       (b) The department must disallow any credits, or portion thereof,
29   that would cause the total amount of credits claimed beginning July
30   15, 2015, under this section ((and RCW 82.04.4496)) to exceed
31   $32,500,000. The department must provide notification on its website
32   monthly on the total amount of credits that have been applied for,
33   the amount issued, and the amount remaining before the statewide
34   limit is reached. In addition, the department must provide written
35   notice to any person who has applied to claim tax credits in excess
36   of the limitation in this subsection.
37       (((6))) (5) For the purposes of the limits provided in this
38   section, a credit must be counted against such limits for the
39   calendar year in which the credit is earned.


                                     p. 130                        SB 5482
 1       (((7))) (6) To claim a credit under this section a person must
 2   electronically file with the department all returns, forms, and any
 3   other information required by the department, in an electronic format
 4   as provided or approved by the department. No refunds may be granted
 5   for credits under this section.
 6       (((8))) (7) To claim a credit under this section, the person
 7   applying must:
 8       (a) Complete an application for the credit which must include:
 9       (i) The name, business address, and tax identification number of
10   the applicant;
11       (ii) A quote or unexecuted copy of the purchase requisition or
12   order for the vehicle, infrastructure, infrastructure components,
13   infrastructure construction, or infrastructure installation;
14       (iii) The type of alternative fuel to be used by the vehicle or
15   supported by the infrastructure;
16       (iv) The incremental cost of the alternative fuel system for
17   vehicle credits;
18       (v) The anticipated delivery date of the vehicle, the anticipated
19   delivery date of the infrastructure or infrastructure components, the
20   anticipated construction completion date of the infrastructure, or
21   the anticipated installation completion date of the infrastructure;
22       (vi) The estimated annual fuel use of the vehicle in the
23   anticipated duties or the estimated annual fuel to be supplied by the
24   infrastructure;
25       (vii) The gross weight of each vehicle for vehicle credits;
26       (viii) For leased vehicles, a copy of the lease contract that
27   includes the gross capitalized cost, residual value, and name of the
28   lessee; and
29       (ix) Any other information deemed necessary by the department to
30   support administration or reporting of the program.
31       (b) Within 15 days of notice of credit availability from the
32   department, provide notice of intent to claim the credit including:
33       (i) A copy of the order for the vehicle or infrastructure-related
34   item, including the total cost for the vehicle or infrastructure-
35   related item;
36       (ii)   The   anticipated  delivery   date   of  the   vehicle   or
37   infrastructure or infrastructure component, which must be within one
38   year of acceptance of the credit;



                                     p. 131                        SB 5482
 1       (iii) The anticipated construction or installation completion
 2   date of the infrastructure, which must be within two years of
 3   acceptance of the credit; and
 4       (iv) Any other information deemed necessary by the department to
 5   support administration or reporting of the program.
 6       (c) Provide final documentation within 30 days of receipt of the
 7   vehicle or infrastructure or infrastructure components or of
 8   completion of construction or installation of the infrastructure,
 9   including:
10       (i)   A  copy   of  the   final   invoice  for   the   vehicle   or
11   infrastructure-related items;
12       (ii)   A   copy  of  the   factory   build  sheet   or   equivalent
13   documentation;
14       (iii) The vehicle identification number of each vehicle;
15       (iv) The incremental cost of the alternative fuel system for
16   vehicle credits;
17       (v) Attestations signed by both the seller and purchaser of the
18   vehicle attesting that the incremental cost of the alternative fuel
19   system includes only the costs necessary for the vehicle to run on
20   alternative fuel and no other vehicle options, equipment, or costs;
21   and
22       (vi) Any other information deemed necessary by the department to
23   support administration or reporting of the program.
24       (((9))) (8) A person applying for credit under subsection (((8)))
25   (7) of this section may apply for multiple vehicles on the same
26   application,   but  the   application   must  include   the   required
27   information for each vehicle included in the application. A separate
28   application is required for infrastructure-related items, but all
29   infrastructure-related items at a single location may be included in
30   a single application provided the required information for each
31   infrastructure-related item is included in the application.
32       (((10))) (9) To administer the credits, the department must, at a
33   minimum:
34       (a) Provide notification on its website monthly of the amount of
35   credits that have been applied for, claimed, and the amount remaining
36   before the statewide annual limit and total limit are reached;
37       (b) Within 15 days of receipt of the application, notify persons
38   applying of the availability of tax credits in the year in which the
39   vehicles or infrastructure applied for are anticipated to be
40   delivered, constructed, or installed;
                                      p. 132                        SB 5482
 1       (c) Within 15 days of receipt of the notice of intent to claim
 2   the tax credit, notify the applicant of the approval, denial, or
 3   missing information in their notice; and
 4       (d) Within 15 days of receipt of final documentation, review the
 5   documentation and notify the person applying of the acceptance of
 6   their final documentation.
 7       (((11))) (10) If a person fails to supply the information as
 8   required in subsection (((8))) (7) of this section, the department
 9   must deny the application.
10       (((12))) (11)(a) Taxpayers are only eligible for a credit under
11   this section based on:
12       (i) Sales or leases of new commercial vehicles and qualifying
13   used commercial vehicles with propulsion units that are principally
14   powered by a clean alternative fuel;
15       (ii) Costs to modify a commercial vehicle, including sales of
16   tangible personal property incorporated into the vehicle and labor or
17   service expenses incurred in modifying the vehicle, to be principally
18   powered by a clean alternative fuel; or
19       (iii) Sales of alternative fuel vehicle infrastructure or
20   infrastructure   components,   or    the   cost    of  construction  or
21   installation of alternative fuel vehicle infrastructure.
22       (b) A credit is earned when the purchaser or the lessee takes
23   receipt of the qualifying commercial vehicle or infrastructure-
24   related item, the vehicle conversion is complete, or the construction
25   or installation of the infrastructure is complete.
26       (((13))) (12) The definitions in ((RCW 82.04.4496)) this
27   subsection apply to this section:
28       (a) "Alternative fuel vehicle infrastructure" means structures,
29   machinery, and equipment necessary and integral to support a clean
30   alternative fuel vehicle.
31       (b) "Auto transportation company" means any corporation or person
32   owning, controlling, operating, or managing any motor propelled
33   vehicle,   used  in   the   business    of   transporting  persons  for
34   compensation over public highways within the state of Washington,
35   between fixed points or over a regular route. For the purposes of
36   this section, "auto transportation company" also includes the
37   following categories of providers irrespective of whether they
38   provide service between fixed points or over a regular route:
39   "Private,   nonprofit   transportation     provider"   as   defined  in
40   RCW 81.66.010, "charter party carrier" as defined in RCW 81.70.020,
                                      p. 133                        SB 5482
 1   and paratransit service providers who primarily provide special needs
 2   transportation to individuals with disabilities and the elderly.
 3       (c) "Clean alternative fuel" means electricity, dimethyl ether,
 4   hydrogen, methane, natural gas, liquefied natural gas, compressed
 5   natural gas, or propane.
 6       (d) "Commercial vehicle" means any commercial vehicle that is
 7   purchased by a private business and that is used exclusively in the
 8   provision   of   commercial   services  or   the    transportation of
 9   commodities, merchandise, produce, refuse, freight, animals, or
10   passengers, and that is displaying a Washington state license plate.
11   All commercial vehicles that provide transportation to passengers
12   must be operated by an auto transportation company.
13       (e) "Gross capitalized cost" means the agreed-upon value of the
14   commercial vehicle and including any other items a person pays over
15   the lease term that are included in such cost.
16       (f) "Lease reduction factor" means the vehicle gross capitalized
17   cost less the residual value, divided by the gross capitalized cost.
18       (g) "Qualifying used commercial vehicle" means vehicles that:
19       (i) Have an odometer reading of less than 450,000 miles;
20       (ii) Are less than 10 years past their original date of
21   manufacture;
22       (iii) Were modified after the initial purchase with a United
23   States environmental protection agency certified conversion that
24   would allow the propulsion units to be principally powered by a clean
25   alternative fuel; and
26       (iv) Are being sold for the first time after modification.
27       (h) "Residual value" means the lease-end value of the vehicle as
28   determined by the lessor, at the end of the lease term included in
29   the lease contract.
30       (((14))) (13) A credit earned during one calendar year may be
31   carried over to be credited against taxes incurred in the subsequent
32   calendar year, but may not be carried over a second year.
33       (((15))) (14) Credits may be earned under this section from
34   January 1, 2016, until the maximum total credit amount in subsection
35   (1)(b) of this section is reached, except for credits for leased
36   vehicles, which may be earned from July 1, 2016, until the maximum
37   total credit amount in subsection (1)(b) of this section is reached.


38       Sec. 654. RCW 82.16.100 and 2001 c 320 s 8 are each amended to
39   read as follows:
                                     p. 134                        SB 5482
1        The   business  of   collection,  receipt,   transfer,  including
2    transportation between any locations, storage, or disposal of solid
3    waste is not subject to this chapter. Any such business activities
4    are   subject   to  taxation   under ((the   classification  in   RCW
5    82.04.290(2))) chapter 82.04 RCW. "Solid waste" for purposes of this
6    section is defined in RCW 82.18.010.

 7       Sec. 655. RCW 82.16.325 and 2022 c 119 s 2 are each amended to
 8   read as follows:
 9       (1) This chapter shall not apply to any person hauling
10   agricultural products or farm machinery or equipment for a farmer or
11   for a person performing custom farming services, when the person
12   providing the hauling and the farmer or person performing custom
13   farming services are related.
14       (2) The exemption provided by this section shall not apply to the
15   hauling of any substances or articles manufactured from agricultural
16   products. For the purposes of this subsection, "manufactured" has the
17   same meaning as "to manufacture" in RCW 82.04.120.
18       (3)(a) "Custom farming services" means the performance of
19   specific farming operations through the use of any farm machinery or
20   equipment, farm implement, or draft animal, together with an
21   operator, when: (i) The specific farming operation consists of
22   activities directly related to the growing, raising, or producing of
23   any agricultural product to be sold or consumed by a farmer; and (ii)
24   the performance of the specific farming operation is for, and under a
25   contract with, or the direction or supervision of, a farmer. "Custom
26   farming services" does not include the custom application of
27   fertilizers, chemicals, or biologicals, or any services related to
28   the growing, raising, or producing of cannabis. For the purposes of
29   this subsection (3)(a), "specific farming operation" includes
30   specific planting, cultivating, or harvesting activities, or similar
31   specific farming operations. "Specific farming operation" does not
32   include veterinary services as described in RCW 18.92.010; farrier,
33   boarding, training, or appraisal services; artificial insemination or
34   stud services, or agricultural consulting services; packing or
35   processing of agricultural products; or pumping or other waste
36   disposal services.
37       (b) "Eligible farmer" means a person who is eligible for an
38   exemption certificate under RCW 82.08.855 at the time that the custom


                                     p. 135                        SB 5482
 1   farming services are rendered, regardless of whether the person has
 2   applied for an exemption certificate under RCW 82.08.855.
 3       (c) "Farm management services" means the consultative decisions
 4   made for the operations of the farm including, but not limited to,
 5   determining which crops to plant, the choice and timing of
 6   application of fertilizers and chemicals, the horticultural practices
 7   to apply, the marketing of crops and livestock, and the care and
 8   feeding of animals. "Farm management services" does not include any
 9   services related to the growing, raising, or producing of cannabis.
10       (d) "Related" means having any of the relationships specifically
11   described in section 267(b) (1), (2), and (4) through (13) of the
12   internal revenue code as of January 1, 2007.
13       (4) The definitions in RCW 82.04.213 ((and 82.04.758)) apply to
14   this section.


15       Sec. 656. RCW 82.19.050 and 2005 c 289 s 1 are each amended to
16   read as follows:
17       The litter tax imposed in this chapter does not apply to:
18       (1) The manufacture or sale of products for use and consumption
19   outside the state;
20       (2) The value of products or gross proceeds of the ((sales exempt
21   from tax under RCW 82.04.330)) wholesale sale of agricultural
22   products by a farmer;
23       (3)(a) The sale of products for resale by a qualified grocery
24   distribution   cooperative   to   customer-owners   of   the  grocery
25   distribution cooperative.
26       (b) For the purposes of this ((section, "qualified grocery
27   distribution cooperative" and "customer-owner" have the meanings
28   given in RCW 82.04.298)) subsection:
29       (i) "Qualified grocery distribution cooperative" means:
30       (A) A grocery distribution cooperative that has been determined
31   by a court of record of the state of Washington to not be engaged in
32   making sales at wholesale, within the meaning of RCW 82.04.060 or any
33   similar provision of a municipal ordinance that imposes a tax on
34   gross receipts, gross proceeds of sales, or gross income, with
35   respect to purchases made by customer-owners, and subsequently
36   changes its form of doing business to make sales at wholesale of
37   groceries or related items to its customer-owners; or



                                     p. 136                        SB 5482
 1       (B) A grocery distribution cooperative that has acquired
 2   substantially all of the assets of a grocery distribution cooperative
 3   described in (b)(i)(A) of this subsection (3).
 4       (ii) "Customer-owner" means a person who has an ownership
 5   interest in a grocery distribution cooperative and purchases
 6   groceries and related items at wholesale from that grocery
 7   distribution cooperative;
 8       (4) The sale of food or beverages by retailers that are sold
 9   solely for immediate consumption indoors at the seller's place of
10   business or at a deck or patio at the seller's place of business, or
11   indoors at an eating area that is contiguous to the seller's place of
12   business; or
13       (5)(a) The sale of prepared food or beverages by caterers where
14   the food or beverages are to be served for immediate consumption in
15   or on individual nonsingle use containers at premises occupied or
16   controlled by the customer.
17       (b) For the purposes of this subsection, the following
18   definitions apply:
19       (i) "Prepared food" has the same meaning as provided in RCW
20   82.08.0293.
21       (ii) "Nonsingle use container" means a receptacle for holding a
22   single individual's food or beverage that is designed to be used more
23   than once. Nonsingle use containers do not include pizza delivery
24   bags and similar insulated containers that do not directly contact
25   the food. Nonsingle use containers do not include plastic or paper
26   plates or other containers that are disposable.
27       (iii) "Caterer" means a person contracted to prepare food where
28   the final cooking or serving occurs at a location selected by the
29   customer.

30       Sec. 657. RCW 82.29A.137 and 2017 c 135 s 35 are each amended to
31   read as follows:
32       (1) All leasehold interests in port district facilities exempt
33   from tax under RCW 82.08.980 or 82.12.980 and used by a manufacturer
34   engaged in the manufacturing of superefficient airplanes, as defined
35   in RCW 82.32.550, are exempt from tax under this chapter. ((A person
36   claiming the credit under RCW 82.04.4463 is not eligible for the
37   exemption under this section.))
38       (2) In addition to all other requirements under this title, a
39   person claiming the exemption under this section must file a complete
                                     p. 137                        SB 5482
1    annual tax performance report with the        department   under   RCW
2    82.32.534.
3        (3) This section expires July 1, 2040.


 4       Sec. 658. RCW 82.32.030 and 2017 c 323 s 505 are each amended to
 5   read as follows:
 6       (1) Except as provided in subsections (2) and (3) of this
 7   section, if any person engages in any business or performs any act
 8   upon which a tax is imposed by the preceding chapters, ((he or she))
 9   that person must, under such rules as the department prescribes,
10   apply for and obtain from the department a registration certificate.
11   Such registration certificate is personal and nontransferable and is
12   valid as long as the ((taxpayer)) person continues in business and
13   pays the tax accrued to the state. In case business is transacted at
14   two or more separate places by one ((taxpayer)) person, a separate
15   registration certificate for each place at which business is
16   transacted with the public is required. Each certificate must be
17   numbered and must show the name, residence, and place and character
18   of business of the ((taxpayer)) person and such other information as
19   the department of revenue deems necessary and must be posted in a
20   conspicuous place at the place of business for which it is issued.
21   Where a place of business of the ((taxpayer)) person is changed, the
22   ((taxpayer)) person must return to the department the existing
23   certificate, and a new certificate will be issued for the new place
24   of business. No person required to be registered under this section
25   may engage in any business taxable hereunder without first being so
26   registered. The department, by rule, may provide for the issuance of
27   certificates of registration to temporary places of business.
28       (2) Unless the person is a dealer as defined in RCW 9.41.010,
29   registration under this section is not required if the following
30   conditions are met:
31       (a) ((A)) (i) The person does not have substantial nexus with
32   this state under RCW 82.04.067; or
33       (ii) For a person with substantial nexus with this state under
34   RCW 82.04.067(1) (a), (b), or (c)(ii), the person's value of
35   products, gross proceeds of sales, or gross income of the business,
36   from all business activities taxable under chapter 82.04 RCW, is less
37   than twelve thousand dollars per year;



                                     p. 138                        SB 5482
 1       (b) The person's gross income of the business from all activities
 2   taxable under chapter 82.16 RCW is less than twelve thousand dollars
 3   per year;
 4       (c) The person is not required to collect or pay to the
 5   department of revenue any other tax or fee that the department is
 6   authorized to collect; and
 7       (d) The person is not otherwise required to obtain a license
 8   subject to the business license application procedure provided in
 9   chapter 19.02 RCW.
10       (3) All persons who agree to collect and remit sales and use tax
11   to the department under the agreement must register through the
12   central registration system authorized under the agreement. Persons
13   required to register under subsection (1) of this section are not
14   relieved of that requirement because of registration under this
15   subsection (3).
16       (4) Persons registered under subsection (3) of this section who
17   are not required to register under subsection (1) of this section and
18   who are not otherwise subject to the requirements of chapter 19.02
19   RCW are not subject to the fees imposed by the department under the
20   authority of RCW 19.02.075.


21       Sec. 659. RCW 82.32.450 and 2001 c 214 s 12 are each amended to
22   read as follows:
23       (1) The total combined credits and deferrals that may be taken
24   under RCW ((82.04.447,)) 82.12.024((,)) and 82.16.0495 shall not
25   exceed two million five hundred thousand dollars in any fiscal year.
26   Each ((person)) taxpayer is limited to no more than a total of one
27   million five hundred thousand dollars in tax deferred and credit
28   allowed in any fiscal year in which more than one ((person)) taxpayer
29   takes tax credits and claims tax deferral. The department may require
30   reporting of the credits taken and amounts deferred in a manner and
31   form as is necessary to keep a running total of the amounts.
32       (2) Credits and deferred tax are available on a first come basis.
33   Priority for tax credits and deferrals among approved applicants
34   shall be designated based on the first actual consumption of gas
35   under RCW ((82.04.447 or)) 82.12.024, or on the first actual use of
36   electricity under RCW 82.16.0495, by each approved applicant. The
37   department shall disallow any credits or deferred tax, or portion
38   thereof, that would cause the total amount of credits taken and
39   deferred taxes claimed to exceed the fiscal year cap or to exceed the
                                     p. 139                        SB 5482
 1   per ((person)) taxpayer fiscal year cap. If the fiscal cap is reached
 2   or exceeded(([,])), the department shall notify those ((persons))
 3   taxpayers who have approved applications under RCW ((82.04.447,))
 4   82.12.024((,)) and 82.16.0495 that no more credits may be taken or
 5   tax deferred during the remainder of the fiscal year. In addition,
 6   the department shall provide written notice to any ((person))
 7   taxpayer who has taken any tax credits or claimed any deferred tax in
 8   excess of the fiscal year cap. The notice shall indicate the amount
 9   of tax due and shall provide that the tax be paid within thirty days
10   from the date of such notice.
11       (3) No portion of an application for credit or deferral
12   disallowed under this section may be carried back or carried forward
13   nor may taxes ineligible for credit or deferral due to the fiscal cap
14   having been reached or exceeded be carried forward or carried
15   backward.


16       Sec. 660. RCW 82.32.534 and 2022 c 56 s 10 are each amended to
17   read as follows:
18       (1)(a)(i) Beginning in calendar year 2018, every ((person))
19   taxpayer claiming a tax preference that requires an annual tax
20   performance report under this section must file a complete annual
21   report with the department. The report is due by May 31st of the year
22   following any calendar year in which a ((person)) taxpayer becomes
23   eligible to claim the tax preference that requires a report under
24   this section.
25       (ii) If the tax preference is a deferral of tax, the first annual
26   tax performance report must be filed by May 31st of the calendar year
27   following the calendar year in which the investment project is
28   certified by the department as operationally complete. An annual tax
29   performance report must also be filed by May 31st of each succeeding
30   calendar year through the calendar year in which the deferred taxes
31   are fully repaid or are immediately due and payable because the
32   recipient of the deferral is no longer eligible for the deferral.
33       (iii) The department may extend the due date for timely filing of
34   annual reports under this section as provided in RCW 82.32.590.
35       (b) The report must include information detailing employment and
36   wages for employment positions in Washington for the year that the
37   tax preference was claimed. However, ((persons)) taxpayers engaged in
38   manufacturing commercial airplanes or components of such airplanes
39   may report employment and wage information per job at the
                                     p. 140                        SB 5482
 1   manufacturing site for the year that the tax preference was claimed.
 2   The report must not include names of employees. The report must also
 3   detail employment by the total number of full-time, part-time, and
 4   temporary positions for the year that the tax preference was claimed.
 5   In lieu of reporting employment and wage data required under this
 6   subsection, taxpayers may instead opt to allow the employment
 7   security department to release the same employment and wage
 8   information from unemployment insurance records to the department and
 9   the joint legislative audit and review committee. This option is
10   intended to reduce the reporting burden for taxpayers, and each
11   taxpayer electing to use this option must affirm that election in
12   accordance with procedures approved by the employment security
13   department.
14       (c) ((Persons)) Taxpayers receiving the benefit of the tax
15   preference provided by RCW 82.16.0421 or claiming any of the tax
16   preferences provided by RCW ((82.04.2909, 82.04.4481,)) 82.08.805,
17   82.12.805, or 82.12.022(5) must indicate on the annual report the
18   quantity of product produced in this state during the time period
19   covered by the report.
20       (d) If a ((person)) taxpayer filing a report under this section
21   did not file a report with the department in the previous calendar
22   year, the report filed under this section must also include
23   employment and wage information for the calendar year immediately
24   preceding the calendar year for which a tax preference was claimed.
25       (2)(a) As part of the annual report, the department and the joint
26   legislative audit and review committee may request additional
27   information necessary to measure the results of, or determine
28   eligibility for, the tax preference.
29       (b) The report must include the amount of the tax preference
30   claimed for the calendar year covered by the report. For a ((person))
31   taxpayer that claimed an exemption provided in RCW 82.08.025651 or
32   82.12.025651, the report must include the amount of tax exempted
33   under those sections in the prior calendar year for each general area
34   or category of research and development for which exempt machinery
35   and equipment and labor and services were acquired in the prior
36   calendar year.
37       (3) Other than information requested under subsection (2)(a) of
38   this section, the information contained in an annual report filed
39   under this section is not subject to the confidentiality provisions
40   of RCW 82.32.330 and may be disclosed to the public upon request.
                                     p. 141                        SB 5482
 1       (4)(a) Except as otherwise provided by law, if a ((person))
 2   taxpayer claims a tax preference that requires an annual report under
 3   this section but fails to submit a complete report by the due date or
 4   any extension under RCW 82.32.590, the department must declare:
 5       (i) Thirty-five percent of the amount of the tax preference
 6   claimed for the previous calendar year to be immediately due and
 7   payable;
 8       (ii) An additional fifteen percent of the amount of the tax
 9   preference claimed for the previous calendar year to be immediately
10   due and payable if the ((person)) taxpayer has previously been
11   assessed under this subsection (4) for failure to submit a report
12   under this section for the same tax preference; and
13       (iii) If the tax preference is a deferral of tax, the amount
14   immediately due under this subsection is the deferred tax divided by
15   the number of years in the repayment period. If the economic benefits
16   of the deferral are passed to a lessee, the lessee is responsible for
17   payment to the extent the lessee has received the economic benefit.
18       (b) The department may not assess interest or penalties on
19   amounts due under this subsection.
20       (5) The department must use the information from this section to
21   prepare summary descriptive statistics by category. No fewer than
22   three taxpayers may be included in any category. The department must
23   report these statistics to the legislature each year by December
24   31st.
25       (6) For the purposes of this section:
26       (a) "Person" has the meaning provided in RCW 82.04.030 and also
27   includes the state and its departments and institutions.
28       (b) "Tax preference" has the meaning provided in RCW 43.136.021
29   and includes only the tax preferences requiring a report under this
30   section.

31       Sec. 661. RCW 82.32.537 and 2017 3rd sp.s. c 37 s 708 are each
32   amended to read as follows:
33       (1)(a) A silicon smelter operated by a ((person)) taxpayer
34   required to submit an annual survey or report under RCW 82.16.315((,
35   82.04.545,)) or 82.12.022 must repay an amount equal to the entire
36   economic benefit accruing to the ((person)) taxpayer for the previous
37   two calendar years due to the tax preferences under RCW 82.16.315((,
38   82.04.545,)) or 82.12.022 if:


                                     p. 142                        SB 5482
 1       (i) The average number of employment positions at a silicon
 2   smelter operated by the ((person)) taxpayer is less than one hundred
 3   employment positions, as reported to the employment security
 4   department for the previous two calendar years; and
 5       (ii) The average annual wage for all employment positions is
 6   equal to or less than the average annual wage for the county in which
 7   the silicon smelter operation is located for the previous two
 8   calendar years. The department must use the finalized 2015 county
 9   wage data from the census of employment and wages as reported by the
10   employment security department.
11       (b) The department must make the determinations under (a)(i) and
12   (ii) of this subsection (1) by August 31, 2023.
13       (2) If any tax preference amounts must be repaid under subsection
14   (1) of this section, the department must declare the tax preference
15   amounts to be immediately due and payable. The department must assess
16   interest, but not penalties, on the amounts due under this
17   subsection. The department must assess interest at the rate provided
18   for delinquent taxes under this chapter, retroactively to the date
19   the tax preference was claimed, and such interest accrues until the
20   tax preference amounts are repaid.
21       (3) If any tax preference amounts must be repaid under subsection
22   (1) of this section, the ((person)) taxpayer may not continue to
23   benefit from the tax preferences under RCW 82.16.315((, 82.04.545,))
24   or 82.12.022.


25       Sec. 662. RCW 82.32.670 and 2017 c 323 s 401 are each amended to
26   read as follows:
27       (1)(a)   Automated   sales  suppression   devices,   phantom-ware,
28   electronic cash registers or point of sale systems used with
29   automated sales suppression devices or phantom-ware, and any property
30   constituting proceeds traceable to any violation of RCW 82.32.290(4)
31   are considered contraband and are subject to seizure and forfeiture.
32       (b) Property subject to forfeiture under (a) of this subsection
33   (1) may be seized by any agent of the department authorized to assess
34   or collect taxes, or law enforcement officer of this state, upon
35   process issued by any superior court or district court having
36   jurisdiction over the property. Seizure without process may be made
37   if:
38       (i) The seizure is incident to an arrest or a search under a
39   search warrant; or
                                     p. 143                        SB 5482
 1       (ii) The department or the law enforcement officer has probable
 2   cause to believe that the property was used or is intended to be used
 3   in violation of RCW 82.32.290(4) and exigent circumstances exist
 4   making procurement of a search warrant impracticable.
 5       (2) Forfeiture authorized by this section is deemed to have
 6   commenced by the seizure. Notice of seizure must be given to the
 7   department if the seizure is made by a law enforcement officer
 8   without the presence of any agent of the department. The department
 9   must cause notice of the seizure and intended forfeiture to be served
10   on the owner of the property seized, if known, and on any other
11   person known by the department to have a right or interest in the
12   seized property. Such service must be made within fifteen days
13   following the seizure or the department's receipt of notification of
14   the seizure. The notice may be served by any method authorized by law
15   or court rule, by certified mail with return receipt requested, or
16   electronically in accordance with RCW 82.32.135. Service by certified
17   mail or electronic means is deemed complete upon mailing the notice,
18   electronically sending the notice, or electronically notifying the
19   person or persons entitled to the notice that the notice is available
20   to be accessed by the person or persons, within the fifteen-day
21   period following the seizure or the department's receipt of
22   notification of the seizure.
23       (3) If no person notifies the department in writing of the
24   person's claim of lawful ownership or right to lawful possession of
25   the item or items seized within thirty days of the date of service of
26   the notice of seizure and intended forfeiture, the item or items
27   seized are deemed forfeited.
28       (4)(a) If any person notifies the department, in writing, of the
29   person's claim of lawful ownership or lawful right to possession of
30   the item or items seized within thirty days of the date of service of
31   the notice of seizure and intended forfeiture, the person or persons
32   must be afforded a reasonable opportunity to be heard as to the
33   claim. The hearing must be before the director or the director's
34   designee. A hearing and any administrative or judicial review is
35   governed by chapter 34.05 RCW. The burden of proof by a preponderance
36   of the evidence is upon the person claiming to be the lawful owner or
37   the person claiming to have the lawful right to possession of the
38   item or items seized.
39       (b) The department must return the item or items to the claimant
40   as soon as possible upon a determination that the claimant is the
                                     p. 144                        SB 5482
 1   present lawful owner or is lawfully entitled to possession of the
 2   item or items seized.
 3       (5) When property is sought to be forfeited on the ground that it
 4   constitutes proceeds traceable to a violation of RCW 82.32.290(4),
 5   the department must prove by a preponderance of the evidence that the
 6   property constitutes proceeds traceable to a violation of RCW
 7   82.32.290(4).
 8       (6)(a) When automated sales suppression devices or phantom-ware
 9   voluntarily surrendered to an agent of the department, or property
10   forfeited under this section, other than proceeds traceable to a
11   violation of RCW 82.32.290(4), is no longer required for evidentiary
12   purposes, the department may:
13       (i) Destroy or have the property destroyed;
14       (ii) Retain the property for training or other official purposes;
15   or
16       (iii) Loan or give the property to any law enforcement or tax
17   administration agency of any state, political subdivision or
18   municipal corporation of a state, or the United States for training
19   or other official purposes. For purposes of this subsection
20   (6)(a)(iii), "state" has the same meaning as in ((RCW 82.04.462))
21   section 208 of this act.
22       (b) When proceeds traceable to a violation of RCW 82.32.290(4)
23   forfeited under this section are no longer required for evidentiary
24   purposes, they must be deposited into the general fund.
25       (7) The definitions in this subsection apply to this section:
26       (a) "Automated sales suppression device" means a software program
27   that falsifies the electronic records of electronic cash registers or
28   other point of sale systems, including transaction data and
29   transaction reports. The term includes the software program, any
30   device that carries the software program, or an internet link to the
31   software program.
32       (b) "Electronic cash register" means a device that keeps a
33   register or supporting documents through the means of an electronic
34   device or computer system designed to record transaction data for the
35   purpose of computing, compiling, or processing sales transaction data
36   in whatever manner.
37       (c) "Phantom-ware" means a programming option that is hidden,
38   preinstalled, or installed-at-a-later-time in the operating system of
39   an electronic cash register or other point of sale device, or
40   hardwired into the electronic cash register or other point of sale
                                     p. 145                        SB 5482
 1   device, and that can be used to create a virtual second till or may
 2   eliminate or manipulate transaction reports that may or may not be
 3   preserved in digital formats to represent the true or manipulated
 4   record of transactions in the electronic cash register or other point
 5   of sale device.
 6       (d)    "Transaction   data"   means   information    about    sales
 7   transactions, including items purchased by a customer, the price for
 8   each item, a taxability determination for each item, a segregated tax
 9   amount for each of the taxed items, the amount of cash or credit
10   tendered, the net amount returned to the customer in change, the date
11   and time of the purchase, the name, address, and identification
12   number of the vendor, and the receipt or invoice number of the
13   transaction.
14       (e)   "Transaction  reports"   means   a  report   that    includes
15   information associated with sales transactions, taxes collected,
16   media totals, and discount voids at an electronic cash register that
17   can be printed on cash register tape at the end of a day or shift, or
18   a report documenting every action at an electronic cash register or
19   other point of sale device and that is stored electronically.


20       Sec. 663. RCW 82.32.710 and 2017 c 135 s 7 are each amended to
21   read as follows:
22       (1) A client under the terms of a professional employer agreement
23   is deemed to be the sole employer of a covered employee for purposes
24   of eligibility for any tax credit, exemption, or other tax incentive,
25   arising as the result of the employment of covered employees,
26   provided in RCW ((82.04.4333, 82.04.44525, 82.04.448, 82.04.4483,))
27   82.08.965, 82.12.965, 82.16.0495, or 82.60.049 or chapter 82.62 or
28   82.70 RCW, or any other provision in this title. A client, and not
29   the professional employer organization, is entitled to the benefit of
30   any tax credit, exemption, or other tax incentive arising as the
31   result of the employment of covered employees of that client.
32       (2) A client under the terms of a professional employer agreement
33   is deemed to be the sole employer of a covered employee for purposes
34   of tax performance reports that require the reporting of employment
35   information relating to covered employees of the client, as provided
36   in RCW 82.32.534. A client, and not the professional employer
37   organization, is required to complete any tax performance report that
38   requires the reporting of employment information relating to covered
39   employees of that client.
                                      p. 146                        SB 5482
1        (3) For the purposes of this section, "client," "covered
2    employee," "professional employer agreement," and "professional
3    employer organization" have the same meanings as in RCW 82.04.540.


 4       Sec. 664. RCW 82.32.790 and 2022 c 56 s 11 are each amended to
 5   read as follows:
 6        (1)(a) Sections 510, 512, 514, 516, 518, 520, 522, and 524,
 7   chapter 37, Laws of 2017 3rd sp. sess., sections 9, 13, 17, 22, 24,
 8   30, 32, and 45, chapter 135, Laws of 2017, sections 104, 110, 117,
 9   123, 125, 129, 131, and 150, chapter 114, Laws of 2010, and sections
10   1, 2, 3, and 5 through 10, chapter 149, Laws of 2003 are contingent
11   upon    the  siting   and   commercial  operation  of  a   significant
12   semiconductor microchip fabrication facility in the state of
13   Washington by January 1, 2024.
14        (b) For the purposes of this section:
15        (i) "Commercial operation" means the same as "commencement of
16   commercial production" as used in RCW 82.08.965.
17       (ii) "Semiconductor microchip fabrication" means (("manufacturing
18   semiconductor microchips" as defined in RCW 82.04.426)) taking raw
19   polished semiconductor wafers and embedding integrated circuits on
20   the wafers using processes such as masking, etching, and diffusion.
21        (iii) "Significant" means the combined investment of new
22   buildings and new machinery and equipment in the buildings, at the
23   commencement of commercial production, will be at least one billion
24   dollars.
25        (2) The sections referenced in subsection (1) of this section
26   take effect the first day of the month in which a contract for the
27   construction of a significant semiconductor fabrication facility is
28   signed, if the contract is signed and received by the department by
29   January 1, 2024, as determined by the director of the department of
30   revenue.
31       (3)(a) The department of revenue must provide notice of the
32   effective date of the sections referenced in subsection (1) of this
33   section to affected taxpayers, the legislature, and others as deemed
34   appropriate by the department.
35       (b) If, after making a determination that a contract has been
36   signed and the sections referenced in subsection (1) of this section
37   are effective, the department discovers that commencement of
38   commercial production did not take place within three years of the
39   date    the  contract   was   signed,  the  department  must  make   a
                                     p. 147                        SB 5482
 1   determination that chapter 149, Laws of 2003 ((is)) and the sections
 2   referenced in subsection (1) of this section are no longer effective,
 3   and all taxes that would have been otherwise due are deemed deferred
 4   taxes and are immediately assessed and payable from any person
 5   ((reporting tax under RCW 82.04.240(2) or)) claiming an exemption or
 6   credit under RCW ((82.04.426, 82.04.448,)) 82.08.965, 82.12.965,
 7   82.08.970, 82.12.970, or 84.36.645. The department is not authorized
 8   to make a second determination regarding the effective date of the
 9   sections referenced in subsection (1) of this section.
10       (4)(a) This section expires January 1, 2024, if the contingency
11   in subsection (2) of this section does not occur by January 1, 2024,
12   as determined by the department.
13       (b) The department must provide written notice of the expiration
14   date of this section and the sections referenced in subsection (1) of
15   this section to affected taxpayers, the legislature, and others as
16   deemed appropriate by the department.


17       Sec. 665. RCW 82.45.195 and 2014 c 97 s 308 are each amended to
18   read as follows:
19       A sale of standing timber is exempt from tax under this chapter
20   if the gross income from such sale is taxable under RCW
21   ((82.04.260(12)(d))) 82.04.261.


22       Sec. 666. RCW 84.36.645 and 2017 3rd sp.s. c 37 s 514 are each
23   amended to read as follows:
24       (1) Machinery and equipment exempt under RCW 82.08.02565 or
25   82.12.02565 used in manufacturing semiconductor materials at a
26   building exempt from sales and use tax and in compliance with the
27   employment requirement under RCW 82.08.965 and 82.12.965 are exempt
28   from property taxation. "Semiconductor materials" has the same
29   meaning as provided in RCW ((82.04.240(2))) 82.08.965.
30       (2) A person seeking this exemption must make application to the
31   county assessor, on forms prescribed by the department.
32       (3) A person claiming an exemption under this section must file a
33   complete annual tax performance report with the department under RCW
34   82.32.534.
35       (4) This section is effective for taxes levied for collection one
36   year after the effective date of section 150, chapter 114, Laws of
37   2010 and thereafter.


                                     p. 148                        SB 5482
1        (5) This section expires January 1, 2024, unless the contingency
2    in RCW 82.32.790(2) occurs.


 3       Sec. 667. RCW 84.36.655 and 2017 c 135 s 46 are each amended to
 4   read as follows:
 5       (1) Effective January 1, 2005, all buildings, machinery,
 6   equipment, and other personal property of a lessee of a port district
 7   eligible under RCW 82.08.980 and 82.12.980, used exclusively in
 8   manufacturing superefficient airplanes, are exempt from property
 9   taxation. ((A person taking the credit under RCW 82.04.4463 is not
10   eligible for the exemption under this section.)) For the purposes of
11   this section, "superefficient airplane" and "component" have the
12   meanings given in RCW 82.32.550.
13       (2) In addition to all other requirements under this title, a
14   person claiming the exemption under this section must file a complete
15   annual tax performance report with the department under RCW
16   82.32.534.
17       (3) Claims for exemption authorized by this section must be filed
18   with the county assessor on forms prescribed by the department and
19   furnished by the assessor. The assessor must verify and approve
20   claims as the assessor determines to be justified and in accordance
21   with this section. No claims may be filed after December 31, 2039.
22   The department may adopt rules, under the provisions of chapter 34.05
23   RCW, as necessary to properly administer this section.
24       (4) This section applies to taxes levied for collection in 2006
25   and thereafter.
26       (5) This section expires July 1, 2040.

27       Sec. 668.   RCW 88.40.011 and 2022 c 202 s 1 are each reenacted
28   and amended to read as follows:
29       The definitions in this section apply throughout this chapter
30   unless the context clearly requires otherwise.
31       (1) "Barge" means a vessel that is not self-propelled.
32       (2) "Bulk" means material that is stored or transported in a
33   loose, unpackaged liquid, powder, or granular form capable of being
34   conveyed by a pipe, bucket, chute, or belt system.
35       (3) "Cargo vessel" means a self-propelled ship in commerce, other
36   than a tank vessel, fishing vessel, or a passenger vessel, of three
37   hundred or more gross tons.


                                     p. 149                        SB 5482
 1       (4) "Certificate of financial responsibility" means an official
 2   written acknowledgment issued by the director or the director's
 3   designee that an owner or operator of a covered vessel or facility,
 4   or the owner of the oil, has demonstrated to the satisfaction of the
 5   director or the director's designee that the relevant entity has the
 6   financial ability to pay for costs and damages caused by an oil
 7   spill.
 8       (5) "Covered vessel" means a tank vessel, cargo vessel, or
 9   passenger vessel.
10       (6) "Department" means the department of ecology.
11       (7) "Director" means the director of the department of ecology.
12       (8)(a) "Facility" means any structure, group of structures,
13   equipment, pipeline, or device, other than a vessel, located on or
14   near the navigable waters of the state that transfers oil in bulk to
15   or from any vessel with an oil carrying capacity over two hundred
16   fifty barrels or pipeline, that is used for producing, storing,
17   handling, transferring, processing, or transporting oil in bulk.
18       (b) A facility does not include any: (i) Railroad car, motor
19   vehicle, or other rolling stock while transporting oil over the
20   highways or rail lines of this state; (ii) retail motor vehicle motor
21   fuel outlet; (iii) facility that is operated as part of an ((exempt
22   agricultural)) activity ((as provided in RCW 82.04.330)) consisting
23   of the wholesale sale of agricultural products by a farmer, as those
24   terms are defined in RCW 82.04.060 and 82.04.213, or involving land
25   enrolled in the federal conservation reserve program or its successor
26   administered by the United States department of agriculture; (iv)
27   underground storage tank regulated by the department or a local
28   government under chapter 70A.355 RCW; or (v) marine fuel outlet that
29   does not dispense more than three thousand gallons of fuel to a ship
30   that is not a covered vessel, in a single transaction.
31       (9) "Fishing vessel" means a self-propelled commercial vessel of
32   three hundred or more gross tons that is used for catching or
33   processing fish.
34       (10) "Gross tons" means tonnage as determined by the United
35   States coast guard under 33 C.F.R. section 138.30.
36       (11) "Hazardous substances" means any substance listed as of
37   March 1, 2003, in Table 302.4 of 40 C.F.R. Part 302 adopted under
38   section 102(a) of the federal comprehensive environmental response,
39   compensation, and liability act of 1980, as amended by P.L. 99-499.


                                     p. 150                        SB 5482
 1   The following are not hazardous substances for purposes of this
 2   chapter:
 3       (a) Wastes listed as F001 through F028 in Table 302.4; and
 4       (b) Wastes listed as K001 through K136 in Table 302.4.
 5       (12) "Navigable waters of the state" means those waters of the
 6   state, and their adjoining shorelines, that are subject to the ebb
 7   and flow of the tide and/or are presently used, have been used in the
 8   past, or may be susceptible for use to transport intrastate,
 9   interstate, or foreign commerce.
10       (13) "Offshore facility" means any facility located in, on, or
11   under any of the navigable waters of the state, but does not include
12   a facility any part of which is located in, on, or under any land of
13   the state, other than submerged land.
14       (14) "Oil" or "oils" means oil of any kind that is liquid at
15   twenty-five degrees Celsius and one atmosphere of pressure and any
16   fractionation thereof, including, but not limited to, crude oil,
17   bitumen, synthetic crude oil, natural gas well condensate, petroleum,
18   gasoline, fuel oil, diesel oil, biological oils and blends, oil
19   sludge, oil refuse, and oil mixed with wastes other than dredged
20   spoil. Oil does not include any substance listed as of March 1, 2003,
21   in Table 302.4 of 40 C.F.R. Part 302 adopted under section 102(a) of
22   the federal comprehensive environmental response, compensation, and
23   liability act of 1980, as amended by P.L. 99-499.
24       (15) "Onshore facility" means any facility any part of which is
25   located in, on, or under any land of the state, other than submerged
26   land, that because of its location, could reasonably be expected to
27   cause substantial harm to the environment by discharging oil into or
28   on the navigable waters of the state or the adjoining shorelines.
29       (16)(a) "Owner or operator" means (i) in the case of a vessel,
30   any person owning, operating, or chartering by demise, the vessel;
31   (ii) in the case of an onshore or offshore facility, any person
32   owning or operating the facility; and (iii) in the case of an
33   abandoned vessel or onshore or offshore facility, the person who
34   owned or operated the vessel or facility immediately before its
35   abandonment.
36       (b) "Operator" does not include any person who owns the land
37   underlying a facility if the person is not involved in the operations
38   of the facility.



                                     p. 151                        SB 5482
 1       (17) "Passenger vessel" means a ship of three hundred or more
 2   gross tons with a fuel capacity of at least six thousand gallons
 3   carrying passengers for compensation.
 4       (18) "Ship" means any boat, ship, vessel, barge, or other
 5   floating craft of any kind.
 6       (19) "Spill" means an unauthorized discharge of oil into the
 7   waters of the state.
 8       (20) "Tank vessel" means a ship that is constructed or adapted to
 9   carry, or that carries, oil in bulk as cargo or cargo residue, and
10   that:
11       (a) Operates on the waters of the state; or
12       (b) Transfers oil in a port or place subject to the jurisdiction
13   of this state.
14       (21) "Waters of the state" includes lakes, rivers, ponds,
15   streams, inland waters, underground water, salt waters, estuaries,
16   tidal flats, beaches and lands adjoining the seacoast of the state,
17   sewers, and all other surface waters and watercourses within the
18   jurisdiction of the state of Washington.


19       Sec. 669. RCW 88.46.010 and 2020 c 20 s 1490 are each amended to
20   read as follows:
21       The definitions in this section apply throughout this chapter
22   unless the context clearly requires otherwise.
23       (1) "Best achievable protection" means the highest level of
24   protection that can be achieved through the use of the best
25   achievable technology and those staffing levels, training procedures,
26   and operational methods that provide the greatest degree of
27   protection   achievable.   The  director's    determination  of   best
28   achievable protection shall be guided by the critical need to protect
29   the state's natural resources and waters, while considering:
30       (a) The additional protection provided by the measures;
31       (b) The technological achievability of the measures; and
32       (c) The cost of the measures.
33       (2)(a) "Best achievable technology" means the technology that
34   provides the greatest degree of protection taking into consideration:
35       (i) Processes that are being developed, or could feasibly be
36   developed, given overall reasonable expenditures on research and
37   development; and
38       (ii) Processes that are currently in use.


                                     p. 152                        SB 5482
 1       (b) In determining what is best achievable technology, the
 2   director shall consider the effectiveness, engineering feasibility,
 3   and commercial availability of the technology.
 4       (3) "Bulk" means material that is stored or transported in a
 5   loose, unpackaged liquid, powder, or granular form capable of being
 6   conveyed by a pipe, bucket, chute, or belt system.
 7       (4) "Cargo vessel" means a self-propelled ship in commerce, other
 8   than a tank vessel or a passenger vessel, of three hundred or more
 9   gross tons, including but not limited to, commercial fish processing
10   vessels and freighters.
11       (5) "Covered vessel" means a tank vessel, cargo vessel, or
12   passenger vessel.
13       (6) "Department" means the department of ecology.
14       (7) "Director" means the director of the department of ecology.
15       (8) "Discharge" means any spilling, leaking, pumping, pouring,
16   emitting, emptying, or dumping.
17       (9)(a) "Facility" means any structure, group of structures,
18   equipment, pipeline, or device, other than a vessel, located on or
19   near the navigable waters of the state that transfers oil in bulk to
20   or from a tank vessel or pipeline, that is used for producing,
21   storing, handling, transferring, processing, or transporting oil in
22   bulk.
23       (b) For the purposes of oil spill contingency planning in RCW
24   90.56.210, facility also means a railroad that is not owned by the
25   state that transports oil as bulk cargo.
26       (c) Except as provided under (b) of this subsection, a facility
27   does not include any: (i) Railroad car, motor vehicle, or other
28   rolling stock while transporting oil over the highways or rail lines
29   of this state; (ii) retail motor vehicle motor fuel outlet; (iii)
30   facility ((that is operated as part of an exempt agricultural
31   activity   as  provided   in   RCW   82.04.330))  described   in  RCW
32   88.40.011(8)(b)(iii); (iv) underground storage tank regulated by the
33   department or a local government under chapter 70A.355 RCW; or (v)
34   marine fuel outlet that does not dispense more than three thousand
35   gallons of fuel to a ship that is not a covered vessel, in a single
36   transaction.
37       (10) "Marine facility" means any facility used for tank vessel
38   wharfage or anchorage, including any equipment used for the purpose
39   of handling or transferring oil in bulk to or from a tank vessel.


                                     p. 153                        SB 5482
 1       (11) "Navigable waters of the state" means those waters of the
 2   state, and their adjoining shorelines, that are subject to the ebb
 3   and flow of the tide and/or are presently used, have been used in the
 4   past, or may be susceptible for use to transport intrastate,
 5   interstate, or foreign commerce.
 6       (12) "Offshore facility" means any facility located in, on, or
 7   under any of the navigable waters of the state, but does not include
 8   a facility any part of which is located in, on, or under any land of
 9   the state, other than submerged land. "Offshore facility" does not
10   include a marine facility.
11       (13) "Oil" or "oils" means oil of any kind that is liquid at
12   twenty-five degrees Celsius and one atmosphere of pressure and any
13   fractionation thereof, including, but not limited to, crude oil,
14   bitumen, synthetic crude oil, natural gas well condensate, petroleum,
15   gasoline, fuel oil, diesel oil, biological oils and blends, oil
16   sludge, oil refuse, and oil mixed with wastes other than dredged
17   spoil. Oil does not include any substance listed in Table 302.4 of 40
18   C.F.R. Part 302 adopted August 14, 1989, under section 102(a) of the
19   federal comprehensive environmental response, compensation, and
20   liability act of 1980, as amended by P.L. 99-499.
21       (14) "Onshore facility" means any facility any part of which is
22   located in, on, or under any land of the state, other than submerged
23   land, that because of its location, could reasonably be expected to
24   cause substantial harm to the environment by discharging oil into or
25   on the navigable waters of the state or the adjoining shorelines.
26       (15)(a) "Owner or operator" means (i) in the case of a vessel,
27   any person owning, operating, or chartering by demise, the vessel;
28   (ii) in the case of an onshore or offshore facility, any person
29   owning or operating the facility; and (iii) in the case of an
30   abandoned vessel or onshore or offshore facility, the person who
31   owned or operated the vessel or facility immediately before its
32   abandonment.
33       (b) "Operator" does not include any person who owns the land
34   underlying a facility if the person is not involved in the operations
35   of the facility.
36       (16) "Passenger vessel" means a ship of three hundred or more
37   gross tons with a fuel capacity of at least six thousand gallons
38   carrying passengers for compensation.



                                     p. 154                        SB 5482
 1       (17) "Person" means any political subdivision, government agency,
 2   municipality, industry, public or private corporation, copartnership,
 3   association, firm, individual, or any other entity whatsoever.
 4       (18) "Race Rocks light" means the nautical landmark located
 5   southwest of the city of Victoria, British Columbia.
 6       (19) "Regional vessels of opportunity response group" means a
 7   group of nondedicated vessels participating in a vessels of
 8   opportunity response system to respond when needed and available to
 9   spills in a defined geographic area.
10       (20)   "Severe  weather   conditions"   means  observed   nautical
11   conditions with sustained winds measured at forty knots and wave
12   heights measured between twelve and eighteen feet.
13       (21) "Ship" means any boat, ship, vessel, barge, or other
14   floating craft of any kind.
15       (22) "Spill" means an unauthorized discharge of oil into the
16   waters of the state.
17       (23) "Strait of Juan de Fuca" means waters off the northern coast
18   of the Olympic Peninsula seaward of a line drawn from New Dungeness
19   light in Clallam county to Discovery Island light on Vancouver
20   Island, British Columbia, Canada.
21       (24) "Tank vessel" means a ship that is constructed or adapted to
22   carry, or that carries, oil in bulk as cargo or cargo residue, and
23   that:
24       (a) Operates on the waters of the state; or
25       (b) Transfers oil in a port or place subject to the jurisdiction
26   of this state.
27       (25) "Umbrella plan holder" means a nonprofit corporation
28   established consistent with this chapter for the purposes of
29   providing oil spill response and contingency plan coverage.
30       (26) "Vessel emergency" means a substantial threat of pollution
31   originating from a covered vessel, including loss or serious
32   degradation of propulsion, steering, means of navigation, primary
33   electrical generating capability, and seakeeping capability.
34       (27) "Vessels of opportunity response system" means nondedicated
35   boats and operators, including fishing and other vessels, that are
36   under contract with and equipped by contingency plan holders to
37   assist with oil spill response activities, including on-water oil
38   recovery in the nearshore environment and the placement of oil spill
39   containment booms to protect sensitive habitats.


                                     p. 155                        SB 5482
 1       (28) "Volunteer coordination system" means an oil spill response
 2   system that, before a spill occurs, prepares for the coordination of
 3   volunteers to assist with appropriate oil spill response activities,
 4   which may include shoreline protection and cleanup, wildlife
 5   recovery,    field   observation,    light  construction,   facility
 6   maintenance, donations management, clerical support, and other
 7   aspects of a spill response.
 8       (29) "Waters of the state" includes lakes, rivers, ponds,
 9   streams, inland waters, underground water, salt waters, estuaries,
10   tidal flats, beaches and lands adjoining the seacoast of the state,
11   sewers, and all other surface waters and watercourses within the
12   jurisdiction of the state of Washington.
13       (30) "Worst case spill" means: (a) In the case of a vessel, a
14   spill of the entire cargo and fuel of the vessel complicated by
15   adverse weather conditions; and (b) in the case of an onshore or
16   offshore facility, the largest foreseeable spill in adverse weather
17   conditions.


18       Sec. 670. RCW 90.56.010 and 2020 c 20 s 1505 are each amended to
19   read as follows:
20       The definitions in this section apply throughout this chapter
21   unless the context clearly requires otherwise.
22       (1) "Best achievable protection" means the highest level of
23   protection that can be achieved through the use of the best
24   achievable technology and those staffing levels, training procedures,
25   and operational methods that provide the greatest degree of
26   protection   achievable.   The  director's   determination   of  best
27   achievable protection shall be guided by the critical need to protect
28   the state's natural resources and waters, while considering (a) the
29   additional protection provided by the measures; (b) the technological
30   achievability of the measures; and (c) the cost of the measures.
31       (2) "Best achievable technology" means the technology that
32   provides the greatest degree of protection taking into consideration
33   (a) processes that are being developed, or could feasibly be
34   developed, given overall reasonable expenditures on research and
35   development, and (b) processes that are currently in use. In
36   determining what is best achievable technology, the director shall
37   consider the effectiveness, engineering feasibility, and commercial
38   availability of the technology.
39       (3) "Board" means the pollution control hearings board.
                                     p. 156                        SB 5482
 1       (4) "Bulk" means material that is stored or transported in a
 2   loose, unpackaged liquid, powder, or granular form capable of being
 3   conveyed by a pipe, bucket, chute, or belt system.
 4       (5) "Cargo vessel" means a self-propelled ship in commerce, other
 5   than a tank vessel or a passenger vessel, three hundred or more gross
 6   tons, including but not limited to, commercial fish processing
 7   vessels and freighters.
 8       (6) "Committee" means the preassessment screening committee
 9   established under RCW 90.48.368.
10       (7) "Covered vessel" means a tank vessel, cargo vessel, or
11   passenger vessel.
12       (8) "Crude oil" means any naturally occurring hydrocarbons coming
13   from the earth that are liquid at twenty-five degrees Celsius and one
14   atmosphere of pressure including, but not limited to, crude oil,
15   bitumen and diluted bitumen, synthetic crude oil, and natural gas
16   well condensate.
17       (9) "Department" means the department of ecology.
18       (10) "Director" means the director of the department of ecology.
19       (11) "Discharge" means any spilling, leaking, pumping, pouring,
20   emitting, emptying, or dumping.
21       (12)(a) "Facility" means any structure, group of structures,
22   equipment, pipeline, or device, other than a vessel, located on or
23   near the navigable waters of the state that transfers oil in bulk to
24   or from a tank vessel or pipeline, that is used for producing,
25   storing, handling, transferring, processing, or transporting oil in
26   bulk.
27       (b) For the purposes of oil spill contingency planning in RCW
28   90.56.210, facility also means a railroad that is not owned by the
29   state that transports oil as bulk cargo.
30       (c) Except as provided in (b) of this subsection, a facility does
31   not include any: (i) Railroad car, motor vehicle, or other rolling
32   stock while transporting oil over the highways or rail lines of this
33   state; (ii) underground storage tank regulated by the department or a
34   local government under chapter 70A.355 RCW; (iii) motor vehicle motor
35   fuel outlet; (iv) facility that is operated as part of an ((exempt
36   agricultural)) activity ((as provided in RCW 82.04.330)) consisting
37   of the wholesale sale of agricultural products by a farmer, as those
38   terms are defined in RCW 82.04.060 and 82.04.213, or involving land
39   enrolled in the federal conservation reserve program or its successor
40   administered by the United States department of agriculture; or (v)
                                     p. 157                        SB 5482
 1   marine fuel outlet that does not dispense more than three thousand
 2   gallons of fuel to a ship that is not a covered vessel, in a single
 3   transaction.
 4       (13) "Fund" means the state coastal protection fund as provided
 5   in RCW 90.48.390 and 90.48.400.
 6       (14) "Having control over oil" shall include but not be limited
 7   to any person using, storing, or transporting oil immediately prior
 8   to entry of such oil into the waters of the state, and shall
 9   specifically include carriers and bailees of such oil.
10       (15) "Marine facility" means any facility used for tank vessel
11   wharfage or anchorage, including any equipment used for the purpose
12   of handling or transferring oil in bulk to or from a tank vessel.
13       (16) "Navigable waters of the state" means those waters of the
14   state, and their adjoining shorelines, that are subject to the ebb
15   and flow of the tide and/or are presently used, have been used in the
16   past, or may be susceptible for use to transport intrastate,
17   interstate, or foreign commerce.
18       (17) "Necessary expenses" means the expenses incurred by the
19   department and assisting state agencies for (a) investigating the
20   source of the discharge; (b) investigating the extent of the
21   environmental damage caused by the discharge; (c) conducting actions
22   necessary to clean up the discharge; (d) conducting predamage and
23   damage assessment studies; and (e) enforcing the provisions of this
24   chapter and collecting for damages caused by a discharge.
25       (18) "Offshore facility" means any facility located in, on, or
26   under any of the navigable waters of the state, but does not include
27   a facility any part of which is located in, on, or under any land of
28   the state, other than submerged land.
29       (19) "Oil" or "oils" means oil of any kind that is liquid at
30   twenty-five degrees Celsius and one atmosphere of pressure and any
31   fractionation thereof, including, but not limited to, crude oil,
32   bitumen, synthetic crude oil, natural gas well condensate, petroleum,
33   gasoline, fuel oil, diesel oil, biological oils and blends, oil
34   sludge, oil refuse, and oil mixed with wastes other than dredged
35   spoil. Oil does not include any substance listed in Table 302.4 of 40
36   C.F.R. Part 302 adopted August 14, 1989, under section 102(a) of the
37   federal comprehensive environmental response, compensation, and
38   liability act of 1980, as amended by P.L. 99-499.
39       (20) "Onshore facility" means any facility any part of which is
40   located in, on, or under any land of the state, other than submerged
                                     p. 158                        SB 5482
 1   land, that because of its location, could reasonably be expected to
 2   cause substantial harm to the environment by discharging oil into or
 3   on the navigable waters of the state or the adjoining shorelines.
 4       (21)(a) "Owner or operator" means (i) in the case of a vessel,
 5   any person owning, operating, or chartering by demise, the vessel;
 6   (ii) in the case of an onshore or offshore facility, any person
 7   owning or operating the facility; and (iii) in the case of an
 8   abandoned vessel or onshore or offshore facility, the person who
 9   owned or operated the vessel or facility immediately before its
10   abandonment.
11       (b) "Operator" does not include any person who owns the land
12   underlying a facility if the person is not involved in the operations
13   of the facility.
14       (22) "Passenger vessel" means a ship of three hundred or more
15   gross tons with a fuel capacity of at least six thousand gallons
16   carrying passengers for compensation.
17       (23) "Person" means any political subdivision, government agency,
18   municipality, industry, public or private corporation, copartnership,
19   association, firm, individual, or any other entity whatsoever.
20       (24) "Ship" means any boat, ship, vessel, barge, or other
21   floating craft of any kind.
22       (25) "Spill" means an unauthorized discharge of oil or hazardous
23   substances into the waters of the state.
24       (26) "Tank vessel" means a ship that is constructed or adapted to
25   carry, or that carries, oil in bulk as cargo or cargo residue, and
26   that:
27       (a) Operates on the waters of the state; or
28       (b) Transfers oil in a port or place subject to the jurisdiction
29   of this state.
30       (27) "Waters of the state" includes lakes, rivers, ponds,
31   streams, inland waters, underground water, salt waters, estuaries,
32   tidal flats, beaches and lands adjoining the seacoast of the state,
33   sewers, and all other surface waters and watercourses within the
34   jurisdiction of the state of Washington.
35       (28) "Worst case spill" means: (a) In the case of a vessel, a
36   spill of the entire cargo and fuel of the vessel complicated by
37   adverse weather conditions; and (b) in the case of an onshore or
38   offshore facility, the largest foreseeable spill in adverse weather
39   conditions.


                                     p. 159                        SB 5482
 1                                  PART VII
 2                                 REPEALERS


 3       NEW SECTION. Sec. 701. The following acts or parts of acts are
 4   each repealed:
 5       (1) RCW 43.365.050 (Review by joint legislative audit and review
 6   committee—Recommendation to legislature) and 2022 c 270 s 7 & 2006 c
 7   247 s 7;
 8       (2) RCW 82.04.212 ("Retail store or outlet") and 1961 c 15 s
 9   82.04.212;
10       (3) RCW 82.04.220 (Business and occupation tax imposed) and 2021
11   c 145 s 5, 2019 c 8 s 103, 2017 3rd sp.s. c 28 s 303, 2011 1st sp.s.
12   c 20 s 101, 2010 1st sp.s. c 23 s 102, & 1961 c 15 s 82.04.220;
13       (4) RCW 82.04.230 (Tax upon extractors) and 2006 c 300 s 5, 1993
14   sp.s. c 25 s 101, 1971 ex.s. c 281 s 2, 1969 ex.s. c 262 s 33, 1967
15   ex.s. c 149 s 7, & 1961 c 15 s 82.04.230;
16       (5) RCW 82.04.240 (Tax on manufacturers) and 2017 3rd sp.s. c 37
17   s 518, (2017 3rd sp.s. c 37 s 517 expired January 1, 2018), 2017 c
18   135 s 9, 2010 c 114 s 104, 2004 c 24 s 4, 2003 c 149 s 3, 1998 c 312
19   s 3, 1993 sp.s. c 25 s 102, 1981 c 172 s 1, 1979 ex.s. c 196 s 1,
20   1971 ex.s. c 281 s 3, 1969 ex.s. c 262 s 34, 1967 ex.s. c 149 s 8,
21   1965 ex.s. c 173 s 5, & 1961 c 15 s 82.04.240;
22       (6) RCW 82.04.250 (Tax on retailers) and 2014 c 97 s 402, (2014 c
23   97 s 401 expired July 9, 2014), 2013 3rd sp.s. c 2 s 7, 2010 1st
24   sp.s. c 23 s 509, (2010 1st sp.s. c 23 s 508 expired July 1, 2011),
25   (2010 1st sp.s. c 23 s 507 expired July 13, 2010), 2010 1st sp.s. c
26   11 s 1, (2010 c 114 s 106 expired July 1, 2011), 2008 c 81 s 5, (2007
27   c 54 s 5 repealed by 2010 1st sp.s. c 11 s 7), 2006 c 177 s 5, 2003
28   2nd sp.s. c 1 s 2, & (2003 1st sp.s. c 2 s 1 expired July 1, 2006);
29       (7) RCW 82.04.255 (Tax on real estate brokers) and 2011 c 322 s
30   2, 1997 c 7 s 1, 1996 c 1 s 1, 1993 sp.s. c 25 s 202, 1985 c 32 s 2,
31   1983 2nd ex.s. c 3 s 1, 1983 c 9 s 1, & 1970 ex.s. c 65 s 3;
32       (8) RCW 82.04.257 (Tax on digital products and services) and 2017
33   c 323 s 515, 2010 c 111 s 301, & 2009 c 535 s 401;
34       (9) RCW 82.04.258 (Digital products—Apportionable income) and
35   2017 c 323 s 516 & 2009 c 535 s 402;
36       (10) RCW 82.04.260 (Tax on manufacturers and processors of
37   various foods and by-products—Research and development organizations
38   —Travel   agents—Certain   international   activities—Stevedoring   and

                                      p. 160                        SB 5482
1    associated activities—Low-level waste disposers—Insurance producers,
 2   surplus    line     brokers,     and    title    insurance   agents—Hospitals—
 3   Commercial     airplane   activities—Timber
                                               product activities—Canned
 4   salmon processors) and 2022 c 16 s 140, 2021 c 145 s 7, & 2020 c 165
 5   s 3;
 6       (11)   RCW     82.04.2602    (Tax   on   commercial   airplane    activities—
 7   Conditions for rate reduction) and 2020 c 165 s 2;
 8       (12) RCW 82.04.263 (Tax on cleaning up radioactive waste and
 9   other by-products of weapons production and nuclear research and
10   development) and 2009 c 469 s 202 & 1996 c 112 s 3;
11       (13) RCW 82.04.270 (Tax on wholesalers) and 2004 c 24 s 5, 2003
12   2nd sp.s. c 1 s 5, 2001 1st sp.s. c 9 s 3, (2001 1st sp.s. c 9 s 2
13   expired July 1, 2001), & 1999 c 358 s 2;
14       (14) RCW 82.04.272 (Tax on warehousing and reselling prescription
15   drugs) and 2013 c 19 s 127, 2003 c 168 s 401, & 1998 c 343 s 1;
16       (15)     RCW   82.04.29001     (Creation     and   distribution    of   custom
17   software—Customization   of   prewritten   computer software—Taxable
18   services) and 2003 c 168 s 602 & 1998 c 332 s 4;
19       (16) RCW 82.04.29002 (Additional tax on certain business and
20   service activities) and 2010 1st sp.s. c 23 s 1101;
21       (17) RCW 82.04.29005 (Tax on loan interest—2012 2nd sp.s. c 6)
22   and 2012 2nd sp.s. c 6 s 101;
23       (18) RCW 82.04.2905 (Tax on providing day care) and 1998 c 312 s
24   7;
25       (19) RCW 82.04.2906 (Tax on certain chemical dependency services)
26   and 2003 c 343 s 1;
27       (20) RCW 82.04.2907 (Tax on royalties) and 2021 c 145 s 9, 2015
28   3rd sp.s. c 5 s 101, 2010 1st sp.s. c 23 s 107, (2010 1st sp.s. c 23
29   s 106 expired July 1, 2010), 2010 c 111 s 302, 2009 c 535 s 407, 2001
30   c 320 s 3, & 1998 c 331 s 1;
31       (21) RCW 82.04.2908 (Tax on provision of room and domiciliary
32   care to assisted living facility residents) and 2012 c 10 s 70, 2005
33   c 514 s 302, & 2004 c 174 s 1;
34       (22) RCW 82.04.2909 (Tax on aluminum smelters) and 2017 c 135 s
35   12, 2015 3rd sp.s. c 6 s 502, & 2011 c 174 s 301;
36       (23) RCW 82.04.298 (Tax on qualified grocery distribution
37   cooperatives) and 2011 c 2 s 204, 2010 1st sp.s. c 23 s 511, 2008 c
38   49 s 1, & 2001 1st sp.s. c 9 s 1;



                                             p. 161                              SB 5482
 1       (24) RCW 82.04.301 (Exemptions—Certain hospitals) and 2019 c 451
 2   s 2;
 3       (25) RCW 82.04.315 (Exemptions—International banking facilities)
 4   and 1982 c 95 s 7;
 5       (26)   RCW   82.04.317   (Exemptions—Motor    vehicle   sales   by
 6   manufacturers at wholesale auctions to dealers) and 1997 c 4 s 1;
 7       (27) RCW 82.04.321 (Exemptions—Qualified health plan patients)
 8   and 2019 c 364 s 9;
 9       (28) RCW 82.04.326 (Exemptions—Qualified       organ   procurement
10   organizations) and 2002 c 113 s 1;
11       (29) RCW 82.04.327 (Exemptions—Adult family homes) and 1987 1st
12   ex.s. c 4 s 1;
13       (30) RCW 82.04.330 (Exemptions—Sales of agricultural products)
14   and 2015 3rd sp.s. c 6 s 1103, 2014 c 140 s 7, 2001 c 118 s 3, 1993
15   sp.s. c 25 s 305, 1988 c 253 s 2, & 1987 c 23 s 4;
16       (31) RCW 82.04.331 (Exemptions—Wholesale sales to farmers of seed
17   for planting, conditioning seed for planting owned by others) and
18   2022 c 16 s 141, 2014 c 140 s 8, & 1998 c 170 s 2;
19       (32) RCW 82.04.332 (Exemptions—Buying and selling at wholesale
20   unprocessed milk, wheat, oats, dry peas, dry beans, lentils,
21   triticale, canola, corn, rye, and barley) and 2007 c 131 s 1 & 1998 c
22   312 s 2;
23       (33) RCW 82.04.333 (Exemptions—Small harvesters) and 2011 c 101 s
24   4, 2007 c 48 s 5, & 1990 c 141 s 1;
25       (34) RCW 82.04.334 (Exemptions—Standing timber) and 2017 c 323 s
26   502, 2010 1st sp.s. c 23 s 512, & 2007 c 48 s 3;
27       (35) RCW 82.04.335 (Exemptions—Agricultural fairs) and 1965 ex.s.
28   c 145 s 1;
29       (36) RCW 82.04.337 (Exemptions—Amounts received by hop growers or
30   dealers for processed hops shipped outside the state) and 1987 c 495
31   s 1;
32       (37) RCW 82.04.338 (Exemptions—Hop commodity commission or hop
33   commodity board business) and 1998 c 200 s 1;
34       (38) RCW 82.04.339 (Exemptions—Day care provided by churches) and
35   1992 c 81 s 1;
36       (39) RCW 82.04.3395 (Exemptions—Child care resource and referral
37   services by nonprofit organizations) and 1995 2nd sp.s. c 11 s 3;
38       (40) RCW 82.04.355 (Exemptions—Ride sharing) and 2021 c 135 s 5,
39   1999 c 358 s 8, & 1979 c 111 s 17;
                                     p. 162                         SB 5482
 1       (41) RCW 82.04.363 (Exemptions—Camp or conference center—Items
 2   sold or furnished by nonprofit organization) and 2009 c 535 s 409 &
 3   1997 c 388 s 1;
 4       (42) RCW 82.04.367 (Exemptions—Nonprofit organizations that are
 5   guarantee agencies, issue debt, or provide guarantees for student
 6   loans) and 1998 c 324 s 1 & 1987 c 433 s 1;
 7       (43) RCW 82.04.368 (Exemptions—Nonprofit    organizations—Credit
 8   and debt services) and 1993 c 390 s 1;
 9       (44) RCW 82.04.370 (Exemptions—Certain fraternal and beneficiary
10   organizations) and 1961 c 293 s 4 & 1961 c 15 s 82.04.370;
11       (45) RCW 82.04.392 (Exemptions—Mortgage brokers' third-party
12   provider services trust accounts) and 1998 c 311 s 3 & 1997 c 106 s
13   21;
14       (46) RCW 82.04.399 (Exemptions—Sales of academic transcripts) and
15   1996 c 272 s 1;
16       (47) RCW 82.04.410 (Exemptions—Hatching eggs and poultry) and
17   1967 ex.s. c 149 s 15 & 1961 c 15 s 82.04.410;
18       (48) RCW 82.04.415 (Exemptions—Sand, gravel and rock taken from
19   county or city pits or quarries, processing and handling costs) and
20   1965 ex.s. c 173 s 10;
21       (49) RCW 82.04.418 (Exemptions—Grants by United States government
22   to municipal corporations or political subdivisions) and 1983 1st
23   ex.s. c 66 s 2;
24       (50) RCW 82.04.4201 (Exemptions—Sales/leasebacks     by   regional
25   transit authorities) and 2000 2nd sp.s. c 4 s 24;
26       (51) RCW 82.04.421 (Exemptions—Out-of-state membership sales in
27   discount programs) and 1997 c 408 s 1;
28      (52) RCW 82.04.422 (Exemptions—Wholesale sales of motor vehicles)
29   and 2004 c 81 s 1 & 2001 c 258 s 1;
30       (53) RCW 82.04.423 (Exemptions—Sales by certain out-of-state
31   persons to or through direct seller's representatives) and 2010 1st
32   sp.s. c 23 s 402 & 1983 1st ex.s. c 66 s 5;
33       (54) RCW 82.04.425 (Exemptions—Accommodation sales) and 2013 c 23
34   s 315, 1980 c 37 s 78, 1965 ex.s. c 173 s 9, & 1961 c 15 s 82.04.425;
35       (55) RCW 82.04.4251 (Exemptions—Convention and tourism promotion)
36   and 2021 c 176 s 5244 & 2006 c 310 s 1;
37       (56) RCW 82.04.426 (Exemptions—Semiconductor microchips) and 2017
38   3rd sp.s. c 37 s 524, (2017 3rd sp.s. c 37 s 523 expired January 1,
39   2018), 2017 c 135 s 13, 2010 c 114 s 110, & 2003 c 149 s 2;

                                     p. 163                         SB 5482
 1       (57) RCW 82.04.4261 (Exemptions—Federal small business innovation
 2   research program) and 2004 c 2 s 9;
 3       (58) RCW 82.04.4262 (Exemptions—Federal small business technology
 4   transfer program) and 2004 c 2 s 10;
 5       (59) RCW 82.04.4263 (Exemptions—Income received           by   the   life
 6   sciences discovery fund authority) and 2005 c 424 s 11;
 7      (60)   RCW    82.04.4264    (Exemptions—Nonprofit       assisted   living
 8   facilities—Room and domiciliary care) and 2021 c 176 s 5245, 2012 c
 9   10 s 71, & 2005 c 514 s 301;
10       (61) RCW 82.04.4266 (Exemptions—Fruit and vegetable businesses)
11   and 2022 c 16 s 142, 2020 c 139 s 5, 2015 3rd sp.s. c 6 s 202, 2014 c
12   140 s 9, 2012 2nd sp.s. c 6 s 201, 2011 c 2 s 202, 2010 1st sp.s. c
13   23 s 504, (2010 1st sp.s. c 23 s 503 expired June 10, 2010), 2010 c
14   114 s 111, 2006 c 354 s 3, & 2005 c 513 s 1;
15       (62) RCW 82.04.4267 (Exemptions—Operation         of   parking/business
16   improvement areas) and 2005 c 476 s 1;
17       (63) RCW 82.04.4268 (Exemptions—Dairy product businesses) and
18   2020 c 139 s 6, 2015 3rd sp.s. c 6 s 203, 2013 2nd sp.s. c 13 s 204,
19   2012 2nd sp.s. c 6 s 202, 2010 c 114 s 112, & 2006 c 354 s 1;
20       (64) RCW 82.04.4269 (Exemptions—Seafood product businesses) and
21   2020 c 139 s 7, 2015 3rd sp.s. c 6 s 204, 2012 2nd sp.s. c 6 s 203,
22   2010 c 114 s 113, & 2006 c 354 s 2;
23       (65) RCW    82.04.427   (Exemptions   and   credits—Pollution     control
24   facilities);
25       (66) RCW 82.04.4271 (Deductions—Membership fees and certain
26   service fees by nonprofit youth organization) and 1981 c 74 s 1;
27       (67) RCW 82.04.4272 (Deductions—Direct mail delivery charges) and
28   2005 c 514 s 114;
29       (68) RCW 82.04.4274 (Deductions—Nonprofit management companies—
30   Personnel performing on-site functions) and 2011 1st sp.s. c 26 s 1;
31       (69) RCW 82.04.4275 (Deductions—Child welfare services) and 2011
32   c 163 s 1;
33       (70) RCW 82.04.4281 (Deductions—Investments, dividends, interest
34   on loans) and 2007 c 54 s 9, 2002 c 150 s 2, & 1980 c 37 s 2;
35       (71) RCW 82.04.4287 (Deductions—Compensation for receiving,
36   washing, etc., horticultural products for person exempt under RCW
37   82.04.330—Materials and supplies used) and 1980 c 37 s 8;
38      (72) RCW 82.04.4289 (Exemption—Compensation for patient services
39   or attendant sales of drugs dispensed pursuant to prescription by
                                        p. 164                             SB 5482
 1   certain nonprofit organizations) and 2003 c 168 s 402, 1998 c 325 s
 2   1, 1993 c 492 s 305, 1981 c 178 s 2, & 1980 c 37 s 10;
 3       (73) RCW 82.04.4290 (Deductions—Mental health services          or
 4   substance use disorder treatment services) and 2021 c 124 s 3;
 5       (74) RCW 82.04.4291 (Deductions—Compensation received by a
 6   political subdivision from another political subdivision for services
 7   taxable under RCW 82.04.290) and 1980 c 37 s 11;
 8       (75) RCW 82.04.4292 (Deductions—Interest on investments or loans
 9   secured by mortgages or deeds of trust) and 2012 2nd sp.s. c 6 s 102,
10   2010 1st sp.s. c 23 s 301, & 1980 c 37 s 12;
11       (76) RCW 82.04.4294 (Deductions—Interest on loans to farmers and
12   ranchers, producers or harvesters of aquatic products, or their
13   cooperatives) and 1980 c 37 s 14;
14       (77)   RCW    82.04.4295   (Deductions—Manufacturing    activities
15   completed outside the United States) and 1980 c 37 s 15;
16       (78) RCW 82.04.4296 (Deductions—Reimbursement for accommodation
17   expenditures by funeral homes) and 1980 c 37 s 16;
18      (79) RCW 82.04.4297 (Deductions—Compensation from public entities
19   for health or social welfare services—Exception) and 2011 1st sp.s. c
20   19 s 2, 2002 c 314 s 3, 2001 2nd sp.s. c 23 s 2, 1988 c 67 s 1, &
21   1980 c 37 s 17;
22       (80) RCW 82.04.4298 (Deductions—Repair, maintenance, replacement,
23   etc., of residential structures and commonly held property—Eligible
24   organizations) and 1980 c 37 s 18;
25       (81) RCW 82.04.4311 (Deductions—Compensation received under the
26   federal medicare program by certain hospitals or health centers) and
27   2005 c 86 s 1 & 2002 c 314 s 2;
28       (82) RCW 82.04.432 (Deductions—Municipal sewer service fees or
29   charges) and 1967 ex.s. c 149 s 17;
30       (83)   RCW    82.04.4327   (Deductions—Artistic   and    cultural
31   organizations) and 2020 c 139 s 8 & 1985 c 471 s 6;
32       (84) RCW 82.04.433 (Deductions—Sales of fuel for consumption
33   outside United States' waters by vessels in foreign commerce) and
34   2009 c 494 s 2 & 1985 c 471 s 16;
35       (85) RCW 82.04.4331 (Deductions—Insurance claims for state health
36   care coverage) and 1988 c 107 s 33;
37       (86) RCW 82.04.4332 (Deductions—Tuition fees of foreign degree-
38   granting institutions) and 1993 c 181 s 10;


                                     p. 165                         SB 5482
 1       (87) RCW 82.04.4337 (Deductions—Certain amounts received                by
 2   assisted living facilities) and 2012 c 10 s 72 & 2004 c 174 s 7;
 3       (88)   RCW  82.04.43391  (Deductions—Commercial  aircraft  loan
 4   interest and fees) and 2019 c 8 s 703, 2017 c 323 s 503, & 2010 1st
 5   sp.s. c 23 s 112;
 6       (89) RCW 82.04.43392 (Deductions—Qualified            dispute   resolution
 7   centers) and 2012 c 249 s 1;
 8       (90) RCW 82.04.43393 (Deductions—Paymaster services) and 2013 2nd
 9   sp.s. c 13 s 102;
10       (91) RCW 82.04.43395 (Deductions—Accountable community of health)
11   and 2019 c 350 s 1 & 2018 c 102 s 2;
12       (92) RCW 82.04.43396 (Deductions—Scan-down allowances) and 2019 c
13   217 s 1;
14       (93) RCW 82.04.434 (Credit—Public safety standards and testing)
15   and 1991 c 13 s 1;
16       (94) RCW 82.04.4451 (Credit against tax due—Maximum credit—
17   Table) and 2022 c 295 s 1, 2010 1st sp.s. c 23 s 1102, 1997 c 238 s
18   2, & 1994 sp.s. c 2 s 1;
19       (95)   RCW   82.04.44525   (Credit—New   employment    for   international
20   service activities in eligible areas—Designation of census tracts for
21   eligibility—Records—Tax due upon ineligibility—Interest assessment—
22   Information from employment security department) and 2009 c 535 s
23   1104, 2008 c 81 s 9, & 1998 c 313 s 2;
24       (96)    RCW    82.04.4461    (Credit—Preproduction     development
25   expenditures) and 2017 c 135 s 15, 2013 3rd sp.s. c 2 s 9, 2010 c 114
26   s 115, 2008 c 81 s 7, 2007 c 54 s 11, & 2003 2nd sp.s. c 1 s 7;
27       (97) RCW 82.04.4463 (Credit—Property and leasehold taxes paid on
28   property used for manufacture of commercial airplanes) and 2017 c 135
29   s 16, 2013 3rd sp.s. c 2 s 10, 2010 1st sp.s. c 23 s 515, (2010 1st
30   sp.s. c 23 s 514 expired June 10, 2010), 2010 c 114 s 116, 2008 c 81
31   s 8, 2006 c 177 s 10, 2005 c 514 s 501, & 2003 2nd sp.s. c 1 s 15;
32       (98) RCW 82.04.447 (Credit—Natural or manufactured gas purchased
33   by direct service industrial customers—Reports) and 2001 c 214 s 9;
34       (99) RCW 82.04.448 (Credit—Manufacturing semiconductor materials)
35   and 2017 3rd sp.s. c 37 s 516, (2017 3rd sp.s. c 37 s 515 expired
36   January 1, 2018), 2017 c 135 s 17, 2010 c 114 s 117, & 2003 c 149 s
37   9;




                                         p. 166                             SB 5482
 1       (100) RCW 82.04.4481 (Credit—Property taxes paid by aluminum
 2   smelter) and 2017 c 135 s 18, 2015 3rd sp.s. c 6 s 503, & 2011 c 174
 3   s 302;
 4       (101) RCW 82.04.4482 (Credit—Sales of electricity or gas to an
 5   aluminum smelter) and 2004 c 24 s 9;
 6       (102) RCW 82.04.4486 (Credit—Syrup taxes paid by buyer) and 2006
 7   c 245 s 1;
 8       (103) RCW 82.04.4489 (Credit—Motion picture competitiveness
 9   program) and 2022 c 270 s 5, 2017 3rd sp.s. c 37 s 1102, 2012 c 189 s
10   4, 2008 c 85 s 3, & 2006 c 247 s 5;
11      (104)   RCW   82.04.449   (Credit—Washington   customized   employment
12   training program—Report to the legislature) and 2021 c 116 s 3, 2017
13   c 135 s 20, 2012 c 46 s 3, 2010 c 114 s 121, 2009 c 296 s 3, & 2006 c
14   112 s 5;
15       (105) RCW 82.04.4496 (Credit—Clean alternative fuel commercial
16   vehicles) and 2022 c 182 s 307, 2019 c 287 s 8, & 2017 c 116 s 1;
17       (106) RCW 82.04.4498 (Credit—Businesses that hire veterans) and
18   2015 3rd sp.s. c 6 s 1002;
19       (107) RCW 82.04.460 (Apportionable income—Taxable in Washington
20   and another state) and 2014 c 97 s 304, 2011 c 174 s 203, 2010 1st
21   sp.s. c 23 s 108, 2004 c 174 s 6, 1985 c 7 s 154, 1983 2nd ex.s. c 3
22   s 28, 1975 1st ex.s. c 291 s 9, & 1961 c 15 s 82.04.460;
23       (108) RCW 82.04.462 (Apportionable income) and 2014 c 97 s 305 &
24   2010 1st sp.s. c 23 s 105;
25       (109) RCW 82.04.520 (Administrative provisions for motor vehicle
26   sales by courtesy dealers) and 2001 c 258 s 2;
27       (110) RCW 82.04.545 (Exemptions—Sales of electricity or gas to
28   silicon smelters) and 2017 3rd sp.s. c 37 s 705 & 2017 3rd sp.s. c 37
29   s 704;
30       (111) RCW 82.04.600 (Exemptions—Materials printed in county,
31   city, town, school district, educational service district, library or
32   library district) and 1979 ex.s. c 266 s 8;
33       (112) RCW 82.04.601 (Exemptions—Affixing       stamp   services   for
34   cigarette sales) and 2007 c 221 s 5;
35       (113) RCW 82.04.610 (Exemptions—Import or export commerce) and
36   2019 c 8 s 501 & 2007 c 477 s 2;
37       (114) RCW 82.04.620 (Exemptions—Certain prescription drugs) and
38   2007 c 447 s 1;


                                       p. 167                          SB 5482
 1       (115) RCW 82.04.627 (Exemptions—Commercial airplane parts) and
 2   2015 c 86 s 301 & 2008 c 81 s 15;
 3       (116)    RCW   82.04.628    (Exemptions—Commercial    fertilizer,
 4   agricultural crop protection products, and seed) and 2017 3rd sp.s. c
 5   37 s 302;
6        (117) RCW 82.04.635 (Exemptions—Nonprofits        providing    legal
7    services to low-income persons) and 2009 c 508 s 1;
 8       (118) RCW 82.04.640 (Exemptions—Washington vaccine association—
 9   Certain assessments received) and 2010 c 174 s 16;
10       (119) RCW 82.04.645 (Exemptions—Financial institutions—Amounts
11   received from certain affiliated persons) and 2011 c 174 s 102 & 2010
12   1st sp.s. c 23 s 110;
13       (120)   RCW   82.04.650   (Exemptions—Investment    conduits     and
14   securitization entities) and 2010 1st sp.s. c 23 s 111;
15       (121) RCW 82.04.660 (Exemptions—Environmental handling charges—
16   Mercury-containing lights) and 2020 c 20 s 1469 & 2015 c 185 s 2;
17       (122) RCW 82.04.750 (Exemptions—Restaurant employee meals) and
18   2015 c 86 s 302 & 2011 c 55 s 1;
19       (123) RCW 82.04.755 (Exemptions—Grants received by a nonprofit
20   organization    for     the    program    established     under RCW
21   70A.200.140(1)(b)(ii)) and 2020 c 20 s 1470 & 2015 c 15 s 7;
22       (124) RCW 82.04.756 (Exemptions—Cannabis cooperatives) and 2022 c
23   16 s 143 & 2015 c 70 s 40;
24       (125) RCW 82.04.758 (Exceptions—Services for farms) and 2022 c
25   119 s 1;
26       (126)   RCW   82.04.765   (Exemptions—Receipts  attributable   to
27   assessment on architectural paint imposed pursuant to chapter 70A.515
28   RCW) and 2020 c 20 s 1471 & 2019 c 344 s 15;
29       (127) RCW 82.04.770 (Deduction of amounts derived from charge
30   collected pursuant to chapter 70A.530 RCW) and 2020 c 138 s 8;
31       (128) RCW 82.04.775 (Application of chapter—Amounts       received
32   under chapter 70A.535 RCW) and 2021 c 317 s 16;
33       (129) RCW 82.04.900 (Construction—1961 c 15) and 1961 c 15 s
34   82.04.900; and
35       (130) RCW 82.32.533 (Digital products—Amnesty) and 2010 c 111 s
36   801 & 2009 c 535 s 1001.


37       NEW SECTION. Sec. 702. The repeals in section 701 of this act
38   do not affect any existing right acquired or liability or obligation

                                      p. 168                           SB 5482
 1   incurred under the statutes repealed in this act or under any rule or
 2   order adopted under those statutes, nor does it affect any proceeding
 3   instituted under those statutes.


 4                                 PART VIII
 5                               MISCELLANEOUS

 6       NEW SECTION. Sec. 801. RCW 82.32.805 and 82.32.808 do not apply
 7   to this act. This act does not affect the expiration date of any tax
 8   preference amended in this act.


 9       NEW SECTION.   Sec. 802.    If any provision of this act or its
10   application to any person, taxpayer, or circumstance is held invalid,
11   the remainder of the act or the application of the provision to other
12   persons, taxpayers, or circumstances is not affected.


13       NEW SECTION.  Sec. 803.   The taxes imposed in this act apply
14   beginning with business activity occurring on or after January 1,
15   2027.


16       NEW SECTION. Sec. 804. (1) Except for sections 645, 647, 651,
17   and 666 of this act, this act takes effect January 1, 2027.
18       (2) Sections 645, 647, 651, and 666 of this act take effect
19   January 1, 2027, if the contingency in RCW 82.32.790 occurs by
20   January 1, 2024.


21       NEW SECTION. Sec. 805. Section 324 of this act expires if the
22   contingency in section 20, chapter 196, Laws of 2021 occurs.

23       NEW SECTION. Sec. 806. Section 661 of this act expires January
24   1, 2024, if the contingency in section 1407, chapter 37, Laws of 2017
25   3rd sp. sess. occurs. Otherwise, it expires July 1, 2027.

                                  --- END ---




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