ESSB 5339 -
By Committee on Local Government
ADOPTED AND ENGROSSED 04/04/2007
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 67.28.080 and 1997 c 452 s 2 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Acquisition" includes, but is not limited to, siting,
acquisition, design, construction, refurbishing, expansion, repair, and
improvement, including paying or securing the payment of all or any
portion of general obligation bonds, leases, revenue bonds, or other
obligations issued or incurred for such purpose or purposes under this
chapter.
(2) "Municipality" means any county, city ((or)), town, or port
district of the state of Washington.
(3) "Operation" includes, but is not limited to, operation,
management, and marketing.
(4) "Person" means the federal government or any agency thereof,
the state or any agency, subdivision, taxing district or municipal
corporation thereof other than county, city or town, any private
corporation, partnership, association, or individual.
(5) "Tourism" means economic activity resulting from tourists,
which may include sales of overnight lodging, meals, tours, gifts, or
souvenirs.
(6) "Tourism promotion" means activities and expenditures designed
to increase tourism, including but not limited to advertising,
publicizing, or otherwise distributing information for the purpose of
attracting and welcoming tourists; developing strategies to expand
tourism; operating tourism promotion agencies; and funding marketing of
special events and festivals designed to attract tourists.
(7) "Tourism-related facility" means real or tangible personal
property with a usable life of three or more years, or constructed with
volunteer labor, and used to support tourism, performing arts, or to
accommodate tourist activities.
(8) "Tourist" means a person who travels from a place of residence
to a different town, city, county, state, or country, for purposes of
business, pleasure, recreation, education, arts, heritage, or culture.
Sec. 2 RCW 67.28.140 and 1967 c 236 s 7 are each amended to read
as follows:
(1) The acts authorized herein are declared to be strictly for the
public purposes of the municipalities authorized to perform same. With
the exception of port districts, any municipality as defined in RCW
67.28.080 shall have the power to acquire by condemnation and purchase
any lands and property rights, both within and without its boundaries,
which are necessary to carry out the purposes of this chapter. Such
right of eminent domain shall be exercised by the legislative body of
each such municipality in the manner provided by applicable general law
or under chapter 8.12 RCW.
(2) Port districts are prohibited from exercising the power of
eminent domain as authorized under this section for the purpose of the
activities and projects authorized under this chapter.
NEW SECTION. Sec. 3 A new section is added to chapter 67.28 RCW
to read as follows:
Port districts are prohibited from exercising the taxing authority
authorized under RCW 67.28.180, 67.28.1801, 67.28.181, 67.28.1815,
67.28.1817, 67.28.183, 67.28.184, and 67.28.200.
NEW SECTION. Sec. 4 A new section is added to chapter 67.28 RCW
to read as follows:
A port district and any municipality or other entity involved in a
joint venture or project with a port district under this chapter shall
comply with the provisions of chapter 39.12 RCW."
Correct the title.
EFFECT: (1) Reorganizes the bill so as to directly amend chapter 67.28 RCW and omit the amendment of RCW 53.08.255; (2) explicitly amends the definition of "municipality" to include "port districts" for the purposes of chapter 67.28 RCW; (3) authorizes a port to acquire or operate tourism-related facilities either individually or jointly with any other port district, municipality, or person; (4) adds more specific provisions prohibiting ports from exercising the statutory taxing authority granted to municipalities under chapter 67.28 RCW.