SSB 5986 -
By Senator Hobbs
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 82.14.360 and 2000 c 103 s 10 are each amended to
read as follows:
(1) The legislative authority of a county with a population of one
million or more may impose a special stadium sales and use tax upon the
retail sale or use within the county by restaurants, taverns, and bars
of food and beverages that are taxable by the state under chapters
82.08 and 82.12 RCW. The rate of the tax shall not exceed five-tenths
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. The tax imposed
under this subsection 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. As used in this section, "restaurant" does not
include grocery stores, mini-markets, or convenience stores.
(2) The legislative authority of a county with a population of one
million or more 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 subsection 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.
(3) Except as provided in subsection (6) of this section, the
revenue from the taxes imposed under this section shall be used for the
purpose of principal and interest payments on bonds, issued by the
county, to acquire, construct, own, remodel, maintain, equip, reequip,
repair, and operate a baseball stadium. Revenues from the taxes
authorized in this section may be used for design and other
preconstruction costs of the baseball stadium until bonds are issued
for the baseball stadium. The county shall issue bonds, in an amount
determined to be necessary by the public facilities district, for the
district to acquire, construct, own, and equip the baseball stadium.
The county shall have no obligation to issue bonds in an amount greater
than that which would be supported by the tax revenues under this
section, RCW 82.14.0485, and 36.38.010(4) (a) and (b).
(4) Except as provided in subsection (6) of this section, if the
revenue from the taxes imposed under this section exceeds the amount
needed for such principal and interest payments in any year, the excess
shall be used solely:
(a) For early retirement of the bonds issued for the baseball
stadium; and
(b) If the revenue from the taxes imposed under this section
exceeds the amount needed for the purposes in (a) of this subsection in
any year, the excess shall be placed in a contingency fund which may
only be used to pay unanticipated capital costs on the baseball
stadium, excluding any cost overruns on initial construction.
(((4))) (5) The taxes authorized under this section shall not be
collected after June 30, 1997, unless the county executive has
certified to the department of revenue that a professional major league
baseball team has made a binding and legally enforceable contractual
commitment to:
(a) Play at least ninety percent of its home games in the stadium
for a period of time not shorter than the term of the bonds issued to
finance the initial construction of the stadium;
(b) Contribute forty-five million dollars toward the reasonably
necessary preconstruction costs including, but not limited to
architectural, engineering, environmental, and legal services, and the
cost of construction of the stadium, or to any associated public
purpose separate from bond-financed property, including without
limitation land acquisition, parking facilities, equipment,
infrastructure, or other similar costs associated with the project,
which contribution shall be made during a term not to exceed the term
of the bonds issued to finance the initial construction of the stadium.
If all or part of the contribution is made after the date of issuance
of the bonds, the team shall contribute an additional amount equal to
the accruing interest on the deferred portion of the contribution,
calculated at the interest rate on the bonds maturing in the year in
which the deferred contribution is made. No part of the contribution
may be made without the consent of the county until a public facilities
district is created under chapter 36.100 RCW to acquire, construct,
own, remodel, maintain, equip, reequip, repair, and operate a baseball
stadium. To the extent possible, contributions shall be structured in
a manner that would allow for the issuance of bonds to construct the
stadium that are exempt from federal income taxes; and
(c) Share a portion of the profits generated by the baseball team
from the operation of the professional franchise for a period of time
equal to the term of the bonds issued to finance the initial
construction of the stadium, after offsetting any losses incurred by
the baseball team after ((the effective date of chapter 14, Laws of
1995 1st sp. sess)) July 1, 1995. Such profits and the portion to be
shared shall be defined by agreement between the public facilities
district and the baseball team. The shared profits shall be used to
retire the bonds issued to finance the initial construction of the
stadium. If the bonds are retired before the expiration of their term,
the shared profits shall be paid to the public facilities district.
(((5))) (6) After the date the bonds issued for the initial
construction of a baseball stadium are retired, revenues collected
under this section shall be used for the purposes described in section
2 of this act.
(7) No tax may be collected under this section before January 1,
1996. Before collecting the taxes under this section or issuing bonds
for a baseball stadium, the county shall create a public facilities
district under chapter 36.100 RCW to acquire, construct, own, remodel,
maintain, equip, reequip, repair, and operate a baseball stadium.
(((6))) (8) The county shall assemble such real property as the
district determines to be necessary as a site for the baseball stadium.
Property which is necessary for this purpose that is owned by the
county on October 17, 1995, shall be contributed to the district, and
property which is necessary for this purpose that is acquired by the
county on or after October 17, 1995, shall be conveyed to the district.
(((7))) (9) The proceeds of any bonds issued for the baseball
stadium shall be provided to the district.
(((8))) (10) As used in this section, "baseball stadium" means
"baseball stadium" as defined in RCW 82.14.0485.
(((9))) (11) The taxes imposed under subsection (1) of this section
((shall)) expire ((when)) at the end of the second full calendar year
following the year in which the bonds issued for the initial
construction of the baseball stadium are retired((, but not later than
twenty years after the taxes are first collected)).
The taxes imposed under subsection (2) of this section expire at
the end of the fifth full calendar year following the year in which the
bonds issued for the initial construction of the baseball stadium are
retired.
NEW SECTION. Sec. 2 A new section is added to chapter 82.14 RCW
to read as follows:
(1) The legislative body of a county with a population of one
million or more may apply local tax revenue only to pay, finance, or
refinance costs to improve one or more civic amenities designated by
the legislative body of the city with the largest population within the
county. Local tax revenue may be used to pay, finance, or refinance
costs of improving a civic amenity that is a multipurpose public arena
that is leased to, or subject to a lease commitment with, a basketball
lessee only if: (a) The basketball lessee has entered into a legally
binding commitment to pay at least one hundred fifty million dollars
toward the cost of improvements to the multipurpose public arena; and
(b) the improvements to the multipurpose public arena paid, financed,
or refinanced with local tax revenue are limited to base building
improvements, such as replacement and enhancement of major systems and
structural improvements, and expansion or renovation of functional
support and public spaces.
(2) The legislative body of a county with a population of one
million or more may pledge local tax revenue applied pursuant to
subsection (1) of this section to pay bonds, notes, or other
obligations issued by the county, the city with the largest population
within the county, or a public corporation or authority formed by the
city. The legislative body of the city with the largest population
within the county, or a public corporation or authority formed by the
city, may pledge local tax revenue received from the county to pay
bonds, notes, or other obligations issued to finance or refinance costs
permitted under subsection (1) of this section. No tax pledged under
this subsection may be eliminated or modified if it would impair the
pledge made in any agreement or for the benefit of the owner of any
bond, note, or other obligation.
(3) The total amount of local tax revenue applied under subsection
(1) of this section to pay, finance, or refinance costs of a project to
improve a multipurpose public arena that is leased to, or subject to a
lease commitment with, a basketball lessee shall be an amount that
would be necessary to pay principal and interest on bonds issued in one
or more series in an aggregate principal amount that produces net bond
proceeds of seventy-five million dollars. Net bond proceeds means
gross bond proceeds less costs of issuance, less deposits to reasonably
required reserves, less capitalized interest, and less earnings on any
portion of gross bond proceeds. The limitation on net bond proceeds
shall be adjusted for inflation annually beginning in 2009 using the
engineering news-record twenty-city construction cost index until the
date that construction of the project is commenced. If bonds are not
issued to pay the costs of a project to improve such a multipurpose
public arena, seventy-five million dollars in local tax revenue may be
applied under subsection (1) of this section to pay directly costs of
such project, adjusted for inflation annually beginning in 2009 using
the engineering news-record twenty-city construction cost index until
the date that construction of the project is commenced.
(4) A city legislative authority may transfer an existing
multipurpose public arena to a public corporation or authority formed
by such city. Such transfer may be for no consideration or such
consideration as determined by the legislative authorities of the city
and public corporation or authority.
(5) Leasehold interests in public or entertainment areas of a
multipurpose public arena shall be entitled to comparable treatment for
the purposes of RCW 82.29A.030 and 82.29A.040 as "public or
entertainment areas" described in RCW 82.29A.130 (14) and (15).
(6) For the purposes of this section, the following definitions
apply unless the context clearly requires otherwise:
(a) "Basketball lessee" means an entity that owns or controls a
national basketball association franchise, or its successor, directly
or through an affiliated entity.
(b) "Civic amenity" means any publicly owned facility, including a
multipurpose public arena, located at a campus that is a public
gathering space at least seventy acres in size and that includes
theater, museum, and other public facilities.
(c) "Finance" means to issue bonds, notes, or other obligations in
accordance with chapter 39.46 RCW.
(d) "Improve" means to plan, design, expand, alter, remodel,
reequip, modernize, renovate, or refurnish a civic amenity.
(e) "Local tax revenue" means revenue collected pursuant to RCW
82.14.360 after the date the bonds issued for the initial construction
of a baseball stadium are retired.
(f) "Multipurpose public arena" means a publicly owned multipurpose
public arena with a seating capacity of sixteen thousand or more.
(g) "Refinance" means to issue bonds, notes, or other obligations
to refund or defease bonds, notes, or other obligations, or otherwise
refinance or reimburse costs.
NEW SECTION. Sec. 3 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.
NEW SECTION. Sec. 4 The provisions of this act must be liberally
construed to give effect to the policies and purposes of this act."
SSB 5986 -
By Senator
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "the extension of local taxes to fund improvements to civic amenities; amending RCW 82.14.360; adding a new section to chapter 82.14 RCW; and creating a new section."