SHB 2486 - H AMD 0212 ADOPTED 2/18/92

By Representatives H. Sommers, Schmidt and Leonard

On page 1, after line 3, strike the remainder of the bill and insert:

"Sec. 1. RCW 43.180.300 and 1990 c 167 s 2 are each amended to read as follows:

As used in RCW 43.180.310 through 43.180.360, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Construction" or "construct" means construction and acquisition, whether by device, purchase, gift, lease, or otherwise.

(2) "Facilities" means land, rights in land, buildings, structures, equipment, landscaping, utilities, approaches, roadways and parking, handling and storage areas, and similar ancillary facilities.

(3) "Financing document" means a lease, sublease, installment sale agreement, conditional sale agreement, loan agreement, mortgage, deed of trust guaranty agreement, or other agreement for the purpose of providing funds to pay or secure debt service on revenue bonds.

(4) "Improvement" means reconstruction, remodeling, rehabilitation, extension, and enlargement. "To improve" means to reconstruct, to remodel, to rehabilitate, to extend, and to enlarge.

(5) "Nonprofit corporation" means a nonprofit corporation described under section 501(c)(3) of the Internal Revenue Code, or similar successor provisions.

(6)(a) "Nonprofit facilities" means, except as modified by (b) of this subsection, facilities owned or used by a nonprofit corporation for any nonprofit activity described under section 501(c)(3) of the Internal Revenue Code that qualifies such a corporation for an exemption from federal income taxes under section 501(a) of the Internal Revenue Code, or similar successor provisions.

(b) Nonprofit facilities shall not include:

(i) ((~~provided that~~)) facilities ((~~which~~))that may be ((~~funded pursuant to~~))financed by the Washington higher education facilities authority under chapter 28B.07 RCW, except for specified facilities with respect to which the authority has declared that it does not want to be the exclusive financing authority.

(ii) ((~~35.82, 43.180 , or~~)) facilities that may be financed by the Washington health care facilities authority under chapter 70.37 RCW ((~~shall not be included in this definition~~)), except for facilities for persons with mental illness and/or developmental disabilities that are not hospital-based evaluation-and-treatment facilities, and except for specified facilities with respect to which the authority has declared that it does not want to be the exclusive financing authority.

(7) "Project costs" means costs of (a) acquisition, construction, and improvement of any facilities included in a nonprofit facility; (b) architectural, engineering, consulting, accounting, and legal costs related directly to the development, financing, and construction of a nonprofit facility, including costs of studies assessing the feasibility of a nonprofit facility; (c) finance costs, including discounts, if any, the costs of issuing revenue bonds, and costs incurred in carrying out any trust agreement; (d) interest during construction and during the six months after estimated completion of construction, and capitalized debt service or repair and replacement or other appropriate reserves; (e) the refunding of any outstanding obligations incurred for any of the costs outlined in this subsection; and (f) other costs incidental to any of the costs listed in this section.

(8) "Revenue bond" means a taxable or tax-exempt nonrecourse revenue bond, nonrecourse revenue note, or other nonrecourse revenue obligation issued for the purpose of providing financing to a nonprofit corporation on an interim or permanent basis.

(9) "User" means one or more persons acting as lessee, purchaser, mortgagor, or borrower under a financing document and may include a party who transfers the right of use and occupancy to another party by lease, sublease, or otherwise.

NEW SECTION. Sec. 2. There is added to chapter 43.180 RCW a new section to read as follows:

With respect to any nonprofit corporation receiving financing under RCW 43.180.300 through 43.180.360 which also receives payments pursuant to a contract with the state, the issuance of bonds by the commission shall not imply any expectation or obligation of the state to continue such payments beyond the terms of then-existing contracts."