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Ordinance 1316, authorizing a sales and use tax, Substitute House Bill 1406 BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: ORDINANCE NO 1316 AN ORDINANCE ADOPTING LEGISLATION TO AUTHORIZE A SALES AND USE TAX FOR AFFORDABLE AND SUPPORTIVE HOUSING IN ACCORDANCE WITH SUBSTITUTE HOUSE BILL 1406 (CHAPTER 338, LAWS OF 2019) AND OTHER MATTERS RELATED THERETO NOW THEREFORE BE IT ORDAINED DONE IN OPEN SESSION this 27th day of January, 2020 APPROVED AS TO FORM. BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Amber Smith Gary Stamper By Amber Smith, Gary Stamper, Chair Deputy Prosecuting Attorney ATTEST.•'�°�"'y " • Edna J . Fund 00 OF'.qs!S:;.• \c;•Edna J Fund, Vice Chair CE .• • \,,45 , Rieva Lester ••y�N`'T•°; •• Robert C . Jackson Rieva Lester, Robert C Jackson, Commissioner Clerk of the Lewis County Board of County Commissioners BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON AN ORDINANCE ADOPTING LEGISLATION TO AUTHORIZE A ) ORDINANCE NO. 1316 SALES AND USE TAX FOR AFFORDABLE AND SUPPORTIVE HOUSING IN ACCORDANCE WITH SUBSTITUTE HOUSE BILL 1406(CHAPTER 338, LAWS OF 2019)AND OTHER MATTERS RELATED THERETO. WHEREAS, in the 2019 Regular Session, the Washington State Legislature approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019) ("SHB 1406"), and WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose a local sales and use tax for the acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing, and for the operations and maintenance costs of affordable or supportive housing, and, if eligible, for providing rental assistance to tenants, and WHEREAS, Lewis County has determined that imposing the sales and use tax to address this need will benefit its citizens, and WHEREAS,this tax is not a new tax, rather the tax will be deducted from the amount of tax otherwise required to be collected or paid to the Department of Revenue under Chapters 82 08 or 82.12 RCW and will represent an additional source of funding to address housing needs in Lewis County, and WHEREAS,the tax must be used to assist persons whose income is at or below sixty percent of Lewis County's median income; and WHEREAS, in order for Lewis County to impose the tax, the County first adopted Resolution No 19-312 declaring the County's intent to levy a portion of the State's sales tax within six months of the effective date of the SHB 1406, and WHEREAS, within twelve months of the effective date of SHB 1406, the governing body must adopt legislation authorizing the maximum capacity of the tax; and WHEREAS, Lewis County currently levies a "qualifying local tax;" and WHEREAS, the Lewis County Board of Commissioners now desires to adopt legislation imposing a local sales and use tax as authorized by SHB 1406 as set forth herein; and WHEREAS, pursuant to Resolution No 20-008 a time for a public hearing on the proposed dissolution was set and notice of the hearing was given by publication mailing and posting in the manner described in RCW 36.96.030; and WHEREAS, pursuant to Resolution No. 20-008 and the Notice of Public Hearing the Board held a Public Hearing on January 27, 2020 after 10:00 am at Lewis County Courthouse, Commissioners' Hearing Room, 351 NW North Street,Chehalis,WA at which time and place and the Board heard and considered comments made by members of the public and county staff regarding the inactive status of the district NOW,THEREFORE,The Board of County Commissioners of Lewis County, Washington, does ordain as follows. Section 1 Tax Imposed There is hereby imposed by this ordinance a sales and use tax on every taxable event as defined in RCW 82 14 020, occurring within the unincorporated area of Lewis County and within the limits of any non- participating city that is located within the County. The rate of the tax hereby imposed shall be 0 0146 of the selling price or the value of the article used, as the case may be Section 2 Applicability of Tax The tax shall be imposed upon and collected from those persons from whom the state sales or use tax is collected pursuant to Chapters 82 08 and 82 12 RCW. Section 3 Affordable and Supportive Housing Sales Tax Credit-Deduction The tax imposed under this ordinance must be deducted from the amount of tax otherwise required to be collected or paid to the Department of Revenue under Chapters 82 08 or 82.12 RCW Section 4.Administration and Collection The tax imposed by this ordinance shall be administered and collected in accordance with Chapter 82.14.050 RCW. The Chair of the Board of Lewis County Commissioners is hereby authorized to and directed to execute and sign contracts with the Washington State Department of Revenue that may be necessary to provide for the administration or collection of the tax Section 5, Use of Funds. Monies collected under this ordinance shall be used for allowable expenditures authorized by Chapter 82 14 RCW as amended by Substitute House Bill 1406 Section 6. Effective Date This ordinance is effective the date of signing. Section 7. Expiration The tax imposed by this ordinance expires 20 years after the date on which the tax is first imposed, unless altered by future legislative action Section 8 Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance or the application of the provisions to other person or circumstances is not affected. The Clerk of the Board is directed to transmit a copy of this Ordinance to the County Auditor and Treasurer DONE IN OPEN SESSION this G�� day of 2020. APPROVED AS TO FORM. BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY,WASHINGTON I Aga, BY Deputy Prosecuting Attorney Galy St mper,Chair •��`SCO NTY .•• i% • �,��pARD OF s9y. �4Ld .■ • ATTEST ' k..7' SIN•E d'' J Fund,Vice '.it •w� 18� z� Ae-el , 4 Rieva Lester,Clerk of the Board '::,y comos��o••Robe . .Jackson,ommissioner BOCC AGENDA ITEM SUMMARY BOCC Meeting Date: Jan. 27, 2020 Suggested Wording for Agenda Item: Agenda Type: Hearing - Ordinance An Ordinance Adopting Legislation to Authorize a Sales and Use Tax for Affordable and Supportive Housing in Accordance with Substitute House Bill 1406 (Chapter 338, Laws of 2019) and Other Matters Related Thereto Contact: Sandi Andrus Phone: 3607401148 Department: PHSS - Public Health & Social Services Description: In 2019 SHB 1406 approved governing bodies of cities or counties to impose a local sales and use tax for affordable housing. Lewis County has determined that imposing the sales and use tax to address this need will benefit its citizens Approvals: Publication Requirements: Publications: User Status J.P. Anderson Pending PA's Office Approved Additional Copies: Cover Letter To: JP Anderson, Sandi Andrus, Meja Handlen, Stacey Loflin, Auditor's Office, Assessor's Office, Treasurer's Office fQzs � SIGN-IN SHEET FOR PUBLI C H EA RING O N 0-1/(41-A4L-l--e-- L 3/ Lewis County Courthouse, 351 N W North Street, Chehalis, Wash Meeting date d 7� (9--D gb NAME PHONE REPRESENTING ADDRESS I P htr hOirigt911 360-?yt.-6601 frpe 2 w A-N` v Li S a Ss-v- tv - c —tt Fric,,,ot5 wi u-t l-t-o s CZ-A. �, . K ,w a. 3tto -Sg'c Qbfsd P&i 1'1 1- lei co -The Sak boy) (t ()3 EN L f et '\cJr c a, 4 /4 C S 3 2 d t Oa i`a L,0 5 6 7 8 9 10 11 12 13 14 Notice:The information provided on this document may be subject to public disclosure per RCW 42 56 070