1340-S

AN ACT Relating to public facilities districts; and amending RCW 36.100.010, 36.100.030, and 82.14.048.

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

Sec. 1. RCW 36.100.010 and 1989 1st ex.s. c 8 s 1 are each amended to read as follows:

(1) A public facilities district may be created in any county with three hundred thousand or more population that is located more than one hundred miles from any county in which the state has constructed and owns a convention center. In addition, a public facilities district may be created in a county with a population of more than one hundred ninety thousand, but less than three hundred thousand, with a county seat that is located more than one hundred miles from the county seat of a county in which the state has constructed and owns a convention center. Further, a public facilities district may be created in any other county with a population of two hundred thousand or more that is adjacent to a county with a population of one million or more. A public facilities district shall be coextensive with the boundaries of the county.

(2) A public facilities district shall be created upon adoption of a resolution providing for the creation of such a district by the county legislative authority in which the proposed district is located and the city council of the largest city within such county.

(3) A public facilities district is a municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.

(4) No taxes authorized under this chapter may be assessed or levied unless a majority of the voters of the public facilities district has validated the creation of the public facilities district at a general or special election.

(5) A public facilities district shall constitute a body corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, and to sue and be sued.

Sec. 2. RCW 36.100.030 and 1989 1st ex.s. c 8 s 3 are each amended to read as follows:

(1) A public facilities district that is located in a county with three hundred thousand or more population that is located more than one hundred miles from any county in which the state has constructed and owns a convention center is authorized to acquire, construct, own, maintain, and operate sports and entertainment facilities with contiguous parking facilities. Any public facilities district with a population of more than one hundred ninety thousand, but less than three hundred thousand, with a county seat that is located more than one hundred miles from the county seat of a county in which the state has constructed and owns a state convention center, is authorized to acquire, construct, own, maintain, and operate convention center facilities with contiguous parking facilities and may acquire, own, maintain, and operate historic theaters with contiguous parking facilities. Any public facilities district with a population of two hundred thousand or more than is adjacent to a county with a population of one million or more may acquire, own, remodel, maintain, and operate historic theaters with contiguous parking facilities.

(2) A public facilities district may impose charges and fees for the use of its facilities, and may accept and expend or use gifts, grants, and donations. The taxes that are provided for in this chapter may only be imposed ((~~for such purposes~~)) to finance the facilities that the particular public facilities district is authorized to provide.

Sec. 3. RCW 82.14.048 and 1991 c 207 s 1 are each amended to read as follows:

The governing board of a public facilities district under chapter 36.100 RCW may submit an authorizing proposition to the voters of the district, and if the proposition is approved by a majority of persons voting, fix and impose a sales and use tax in accordance with the terms of this chapter.

The tax authorized in this section shall be in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the public facilities district. The rate of tax shall equal one-tenth of one percent of the selling price in the case of a sales tax, or value of the article used, in the case of a use tax.

Moneys received from any tax imposed under this section shall be used for the purpose of providing funds for the costs associated with the financing, design, acquisition, construction, equipping, operating, maintaining, and reequipping of ((~~sports or entertainment facilities and contiguous parking~~)) the facilities that the particular public facilities district is authorized to provide.