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02-18-2020 HB 2907Legislative Update 1 Council Discussion and Possible Action Regarding a Position on House Bill 2907 Which Would Authorize an Excise Tax on Businesses in King County 1 Legislative Update 2 House Bill 2907 and Senate Bill 6669 would allow counties over two million in population to impose an excise tax on businesses for homelessness services 2 Legislative Update 3 The bill would authorize King County to: Collect an annual excise tax on business payroll expenses of not less than 1/10% and not more than 2/10th% The tax applies to all payroll expenses attributable to employees making more than S150k in annually. 3 Legislative Update 4 The bill would authorize King County to: The tax may be imposed for 25- years and may be reauthorized by the county. Increases annually based on the CPI-U The City of Seattle estimates the tax would raise approximately $120 million per year (the origin of the estimate is not clear) 4 Legislative Update 5 Exemptions to the tax include: Small businesses with fewer than 50 employees, provided the business pays annual compensation of less than S150k to at least half of its employees Payroll expenses attributable to grocery workers 5 Legislative Update 6 Exemptions to the tax include: Businesses that only sell, manufacture, or distribute motor vehicle fuel Businesses that only sell, manufacture, or distribute liquor Cancer centers Government entities 6 Legislative Update 7 Distribution of funds: 43% of all revenue is provided to the city with the highest homeless population (Seattle). The remaining 57% is distributed by the county with cities and regional housing partnerships. 7 Legislative Update 8 Eligible expenses: Supportive services to persons with behavioral health conditions with frequent criminal justice involvement (no more than 10%) Low income rental assistance. 8 Legislative Update 9 Eligible expenses: Housing, shelter, and evidence-based interventions to address and prevent homelessness. Any appropriated funds must be allocated directly to the regional homelessness authority. 9 Legislative Update 10 Eligible expenses: Acquisition, construction, or operation of behavioral health related facilities The revenue collected may be used for repayment of bonds 10 Legislative Update 11 Eligible Expenses: At least half of all funds appropriated must go toward acquisition, rehab, or construction of affordable housing. The remaining funds may be spent on other eligible expenses outlined in the bill. 11 Legislative Update 12 Eligible Expenses: Housing, services, and rental assistance may only be provided to persons whose income is at or below 80% of median income. Half of that spending going toward persons whose income is at or below 30% of median income. 12 Legislative Update 13 Amendment from House Finance Comm: Require representatives from cities and state elected officials from each subregion of the county be included on an accountability and advisory committee Ongoing negotiations that would address some of the issues raised in the amendments that were not adopted. 13 Legislative Update 14 Concerns: Essentially a Business & Occupation tax, this would practically preclude cities without one to have this revenue tool in the future including Federal Way There was no notice or collaboration with Cities, businesses & the County Council 14 Legislative Update 15 Concerns: There is no proposed "plan." Money would be allocated to the newly formed "King County Public Development Authority" which has not met Some businesses that signed on thought it was to "begin a discussion“ with the business, the community and cities. 15 Legislative Update 16 Concerns: Some public officials that signed on thought it was to "begin a dialogue.“ As far as we can tell at this time, the vast majority of Sound Cities Association Cities oppose this tax. The Public lssues Committee discussed this for the first time last week. 16 Legislative Update 17 Concerns: 43% of the money taken from the South County would fund Seattle homelessness projects and the other 57% in King County. That is 20 million dollars that will be taken from the South County to solve a Seattle issue 17 Legislative Update 18 Concerns: There are approximately 74-90 businesses in Federal Way that have 50 or more employees. Businesses with under 50 employees are eligible if half or more of the employees make $150,000 or more. For example, small law, investment and start-ups, etc. 18 Legislative Update 19 Concerns: Businesses may relocate across the border to Pierce County to avoid the tax. Some of these businesses avoided locating or left Seattle for the same reasons. 19 Legislative Update 20 Concerns: This would cause further tax fatigue for the South County. This is taxation without consultation, implementation and representation. 20 Legislative Update 21 Also under consideration: House Bill 1590 An act relating to allowing the local sales and use tax for affordable housing to be imposed by a councilmanic authority. 21 Legislative Update 22 On-Going Outreach: Legislative delegation Sound Cities Association Business groups Greater Federal Way Chamber 22 Legislative Update 23 Discussion 23