BILL REQ. #:  S-0165.1 

Read first time 01/28/2005.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to maintenance and repair of minor league baseball facilities; amending RCW 67.70.240; adding a new section to chapter 67.70 RCW; adding a new section to chapter 82.14 RCW; adding a new section to chapter 35.21 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that minor league baseball is a wholesome, affordable family-oriented activity that has a rich history in the state of Washington. The legislature desires to provide local governments with assistance to ensure that this important pastime remains available to Washington citizens.

NEW SECTION.  Sec. 2   A new section is added to chapter 67.70 RCW to read as follows:
     (1) The minor league baseball account is created in the state treasury. During each fiscal year the state treasurer shall deposit in the minor league baseball account all receipts from the state lottery designated for this account under RCW 67.70.240. Money in the minor league baseball account shall be distributed annually to a governmental agency responsible for the operation of a minor league baseball stadium as defined under subsection (2) of this section. Money shall be distributed on a per capita basis based on the population of the city in which the minor league baseball stadium is located as determined by the office of financial management on the effective date of this act. Money distributed from the minor league baseball account shall be used solely for the purpose of paying for the operation, maintenance, repair, rehabilitation, financing, equipping, and reequipping of a minor league baseball stadium and associated parking facilities.
     (2) "Minor league baseball stadium" is any public facility existing and in use on the effective date of this act in which a minor league baseball team affiliated with a major league baseball club has operated for at least a portion of the previous two years.

Sec. 3   RCW 67.70.240 and 2001 c 3 s 4 are each amended to read as follows:
     The moneys in the state lottery account shall be used only:
     (1) For the payment of prizes to the holders of winning lottery tickets or shares;
     (2) For purposes of making deposits into the reserve account created by RCW 67.70.250 and into the lottery administrative account created by RCW 67.70.260;
     (3) For purposes of making deposits into the education construction fund and student achievement fund created in RCW 43.135.045. For the transition period from July 1, 2001, until and including June 30, 2002, fifty percent of the moneys not otherwise obligated under this section shall be placed in the student achievement fund and fifty percent of these moneys shall be placed in the education construction fund. On and after July 1, 2002, until June 30, 2004, seventy-five percent of these moneys shall be placed in the student achievement fund and twenty-five percent shall be placed in the education construction fund. On and after July 1, 2004, all deposits not otherwise obligated under this section shall be placed in the education construction fund. Moneys in the state lottery account deposited in the education construction fund and the student achievement fund are included in "general state revenues" under RCW 39.42.070;
     (4) For distribution to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs. Three million dollars shall be distributed under this subsection during calendar year 1996. During subsequent years, such distributions shall equal the prior year's distributions increased by four percent. Distributions under this subsection shall cease when the bonds issued for the construction of the baseball stadium are retired, but not more than twenty years after the tax under RCW 82.14.0485 is first imposed;
     (5) For distribution to the stadium and exhibition center account, created in RCW 43.99N.060. Subject to the conditions of RCW 43.99N.070, six million dollars shall be distributed under this subsection during the calendar year 1998. During subsequent years, such distribution shall equal the prior year's distributions increased by four percent. No distribution may be made under this subsection after December 31, 1999, unless the conditions for issuance of the bonds under RCW 43.99N.020(2) are met. Distributions under this subsection shall cease when the bonds are retired, but not later than December 31, 2020;
     (6) For distribution to the minor league baseball account created in section 2 of this act. Three million dollars shall be distributed under this subsection during the calendar year 2006. During subsequent years, the distribution shall equal the prior year's distributions increased by four percent. Distributions under this subsection shall cease at the latter of: The date when distributions cease under subsection (4) of this section or fifteen years from the effective date of this act.
     (7) For the purchase and promotion of lottery games and game-related services; and
     (((7))) (8) For the payment of agent compensation.
     The office of financial management shall require the allotment of all expenses paid from the account and shall report to the ways and means committees of the senate and house of representatives any changes in the allotments.

NEW SECTION.  Sec. 4   A new section is added to chapter 82.14 RCW to read as follows:
     (1) The legislative authority of a county in which a minor league baseball team plays in an existing minor league baseball stadium may impose a special stadium sales and use tax upon retail car rentals within the county that are taxable by the state under chapters 82.08 and 82.12 RCW. The rate of the tax shall not exceed two percent of the selling price in the case of a sales tax, or rental value of the vehicle in the case of a use tax. The tax imposed under this section is in addition to any other taxes authorized by law and shall not be credited against any other tax imposed upon the same taxable event. The revenue generated by the tax imposed in this section shall be used solely for the purpose of paying for the operation, maintenance, repair, rehabilitation, financing, equipping, and reequipping of a minor league baseball stadium and associated parking facilities.
     (2) "Minor league baseball stadium" has the same meaning as provided in section 2 of this act.

NEW SECTION.  Sec. 5   A new section is added to chapter 35.21 RCW to read as follows:
     (1) The legislative authority of a city or town in which a minor league baseball team plays in an existing minor league baseball stadium may impose a tax of up to one cent on twenty cents or fraction thereof to be paid by the person who pays an admission charge to the events in the minor league baseball stadium. The tax authorized in this section may also be imposed on any parking charges or fees imposed in parking facilities associated with the minor league baseball stadium. The revenue generated by the tax imposed in this section shall be used solely for the purpose of paying for the operation, maintenance, repair, rehabilitation, financing, equipping, and reequipping of a minor league baseball stadium and associated parking facilities. The tax authorized in this section is in addition to any other taxes on admission levied by the city.
     (2) "Minor league baseball stadium" has the same meaning as provided in section 2 of this act.

NEW SECTION.  Sec. 6   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.