Big year for tax bills being introduced but not much to show

by <a href="mailto:candiceb@awcnet.org">Candice Bock</a>, <a href="mailto:sheilag@awcnet.org">Sheila Gall</a> | May 22, 2023
2023 may be notable for the number of bills introduced dealing with tax changes.

2023 may be notable for the number of bills introduced dealing with tax changes. There was the AWC priority bill around local and state REET authority for affordable housing. There were three different bills introduced to revise the local property tax cap from the current arbitrary 1%. There were bills to move from the State’s business and occupation (B&O) tax to a new margins tax, a recommendation of the State Tax Structure Work Group. There was a bill introducing a wealth tax. And finally, while not a bill, the State Supreme Court upheld the constitutionality of the capital gains tax created a couple of years ago.

In the end, none of these tax bills ended up passing. But, there was some glimmer of hope – this was the most interest we have seen in revising the property tax cap in recent years. Three separate bills (HB 1670, SB 5618, SB 5770) – two of which were heard in committees – and one, HB 1670, actually passed out of the House Finance Committee. This counts as progress and poses an opportunity to keep this important conversation going in future sessions.

Additionally, there was broad interest in the REET legislation, HB 1628, as a way to create an ongoing source of funding for affordable housing. The Realtors association came out in strong opposition to the proposal spending $400,000 on TV ads opposing the bill.

That opposition highlights the intense opposition any tax proposal typically faces.

However, sometimes things surprise us like in 2021 when the Legislature finally embraced tax increment financing (TIF) after years of skepticism. This year the legislature passed some needed technical fixes to that authority to make it work better, particularly for port districts (HB 1527). The Legislature also restored the annexation sales tax credit as one of several bills intended to increase the availability of affordable housing (HB 1425).

Finally, a quick word about the budgets. This session they adopted the new 2023-25 biennial operating, capital, and transportation budgets. For the most part this was a year with little drama in the budget arena, and the budget writers adopted a conservative approach in recognition of some slowing of revenue growth and hedging against the possibility of a recession in the next few years. Overall, these were strong budgets for cities and city priorities largely were funded.

The most notable win for cities was the return to full funding for the Public Works Assistance Account (PWAA). We are excited to celebrate this big achievement and appreciate the work that cities have put into advocating for this critical infrastructure funding program.

Bill #

Description

Status

HB 1267

Rural county public facilities sales tax (.09 sales tax).

Law; effective July 23, 2023.

HB 1303

Administration of property taxes.

Law; effective July 23, 2023, except Sec. 4 and 6 effective January 1, 2027.

HB 1425

Annexation sales tax credit.

Law; effective July 23, 2023. May not impose tax until July 1, 2028.

HB 1527

Technical corrections to the local tax increment financing program

Law; effective May 9, 2023.

SB 5187

State operating budget for 2023-25.

Gov. signed with partial veto. Law; effective May 16, 2023.

SB 5199

Providing tax relief for newspaper publishers.

Law; effective January 1, 2024.

SB 5200

State capital budget for 2023-25.

Gov. signed with partial veto. Law; effective May 16, 2023.

HB 1446/SB 5361

Incentivizing cities and counties to increase employment of commissioned law enforcement officers (0.1% sales tax for additional law enforcement and eliminate cost-sharing for BLEA).

Did not pass.

HB 1473/SB 5486

Creating a more fair tax system by enacting a wealth tax on intangible property.

Did not pass.

HB 1476/SB 5289

Allowing the use of impact fees for law enforcement.

Did not pass.

HB 1628

Affordable Homes Act. New REET sources to fund affordable housing.

Did not pass.

HB 1644/SB 5482

Replace the state B&O tax with a margin tax.

Did not pass.

HB 1670

Raising the limit factor for property taxes (inflation and population up to 3% for local taxes).

Did not pass.

SB 5158

Transparency in state and local taxation (requiring the Department of Revenue to create an online database).

Did not pass. Report proviso included in operating budget SB 5187.

SB 5387/SJR 8204

Property tax relief for homeowners and renters (state property tax homestead exemption based on first $250,000 of a primary residence).

Did not pass. 

SB 5495/SJR 8206

Property tax rebates for homeowners and renters (state property tax homestead exemption based on first $250,000 of a primary residence and constitutional amendment to uniformity clause).

Did not pass. 

SB 5618

Increasing the local property tax revenue growth limit (inflation and population up to 3%).

Did not pass. 

SB 5770

Providing state and local property tax reform (inflation and population up to 3%).

Did not pass.

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