EHB 2299 -
By Committee on Government Operations & Elections
NOT ADOPTED 04/16/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 35.57.010 and 2007 c 486 s 1 are each amended to read
as follows:
(1)(a) The legislative authority of any town or city located in a
county with a population of less than one million may create a public
facilities district.
(b) The legislative authorities of any contiguous group of towns or
cities located in a county or counties each with a population of less
than one million may enter an agreement under chapter 39.34 RCW for the
creation and joint operation of a public facilities district.
(c) The legislative authority of any town or city, or any
contiguous group of towns or cities, located in a county with a
population of less than one million and the legislative authority of a
contiguous county, or the legislative authority of the county or
counties in which the towns or cities are located, may enter into an
agreement under chapter 39.34 RCW for the creation and joint operation
of a public facilities district.
(d) The legislative authority of a city located in a county with a
population greater than one million may create a public facilities
district, when the city has a total population of less than one hundred
fifteen thousand but greater than eighty thousand and commences
construction of a regional center prior to July 1, 2008.
(e) At least two legislative authorities, one or more of which
previously created a public facilities district or districts under (b)
or (c) of this subsection, may create an additional public facilities
district notwithstanding the fact that one or more of those towns or
cities, with or without a county or counties, previously have created
one or more public facilities districts within the geographic
boundaries of the additional public facilities district. Those
existing districts may continue their full corporate existence and
activities notwithstanding the creation and existence of the additional
district within all or part of the same geographic area. Additional
public facilities districts formed under this subsection may be
comprised of a maximum of three contiguous towns or cities separately
or in combination with a maximum of two contiguous counties.
(2)(a) A public facilities district shall be coextensive with the
boundaries of the city or town or contiguous group of cities or towns
that created the district.
(b) A public facilities district created by an agreement between a
town or city, or a contiguous group of towns or cities, and a
contiguous county or the county in which they are located, shall be
coextensive with the boundaries of the towns or cities, and the
boundaries of the county or counties as to the unincorporated areas of
the county or counties. The boundaries shall not include incorporated
towns or cities that are not parties to the agreement for the creation
and joint operation of the district.
(3)(a) A public facilities district created by a single city or
town shall be governed by a board of directors consisting of five
members selected as follows: (i) Two members appointed by the
legislative authority of the city or town; and (ii) three members
appointed by legislative authority based on recommendations from local
organizations. The members appointed under (a)(i) of this subsection,
shall not be members of the legislative authority of the city or town.
The members appointed under (a)(ii) of this subsection, shall be based
on recommendations received from local organizations that may include,
but are not limited to the local chamber of commerce, local economic
development council, and local labor council. The members shall serve
four-year terms. Of the initial members, one must be appointed for a
one-year term, one must be appointed for a two-year term, one must be
appointed for a three-year term, and the remainder must be appointed
for four-year terms.
(b) A public facilities district created by a contiguous group of
cities and towns shall be governed by a board of directors consisting
of seven members selected as follows: (i) Three members appointed by
the legislative authorities of the cities and towns; and (ii) four
members appointed by the legislative ((authority)) authorities of the
cities and towns based on recommendations from local organizations.
The members appointed under (b)(i) of this subsection shall not be
members of the legislative authorities of the cities and towns. The
members appointed under (b)(ii) of this subsection, shall be based on
recommendations received from local organizations that include, but are
not limited to the local chamber of commerce, local economic
development council, local labor council, and a neighborhood
organization that is directly affected by the location of the regional
center in their area. The members of the board of directors shall be
appointed in accordance with the terms of the agreement under chapter
39.34 RCW for the joint operation of the district and shall serve four-year terms. Of the initial members, one must be appointed for a one-year term, one must be appointed for a two-year term, one must be
appointed for a three-year term, and the remainder must be appointed
for four-year terms.
(c) A public facilities district created by a town or city, or a
contiguous group of towns or cities, and a contiguous county or the
county or counties in which they are located, shall be governed by a
board of directors consisting of seven members selected as follows:
(i) Three members appointed by the legislative authorities of the
cities, towns, and county; and (ii) four members appointed by the
legislative ((authority)) authorities of the cities, towns, and county
based on recommendations from local organizations. The members
appointed under (c)(i) of this subsection shall not be members of the
legislative authorities of the cities, towns, or county. The members
appointed under (c)(ii) of this subsection shall be based on
recommendations received from local organizations that include, but are
not limited to, the local chamber of commerce, the local economic
development council, the local labor council, and a neighborhood
organization that is directly affected by the location of the regional
center in their area. The members of the board of directors shall be
appointed in accordance with the terms of the agreement under chapter
39.34 RCW for the joint operation of the district and shall serve four-year terms. Of the initial members, one must be appointed for a one-year term, one must be appointed for a two-year term, one must be
appointed for a three-year term, and the remainder must be appointed
for four-year terms.
(d)(i) A public facilities district created under subsection (1)(e)
of this section may provide, in the agreement providing for its
creation and operation, that the district must be governed by a board
of directors appointed under (b) or (c) of this subsection, or by a
board of directors of not more than nine members who are also members
of the legislative authorities that created the public facilities
district or of the governing boards of the public facilities district
or districts, or both, previously created by those legislative
authorities.
(ii) A board of directors formed under this subsection must have an
equal number of members representing each city, town, or county
participating in the public facilities district. If a public
facilities district is created by an even number of legislative
authorities, the members representing or appointed by those legislative
authorities shall appoint an additional board member. For a board
formed under this subsection to approve a proposition to be sent to the
voters, the proposition must be approved by a majority of the members
representing or appointed by each legislative authority participating
in the public facilities district.
(4) 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.
(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.
(6) A public facilities district may acquire and transfer real and
personal property by lease, sublease, purchase, or sale. No direct or
collateral attack on any public facilities district purported to be
authorized or created in conformance with this chapter may be commenced
more than thirty days after creation by the city and/or county
legislative authority.
Sec. 2 RCW 35.57.020 and 2002 c 363 s 2 and 2002 c 218 s 25 are
each reenacted and amended to read as follows:
(1) A public facilities district is authorized to acquire,
construct, own, remodel, maintain, equip, reequip, repair, finance, and
operate one or more regional centers. For purposes of this chapter,
"regional center" means a convention, conference, or special events
center, recreation facility other than a ski area, or any combination
of facilities, and related parking facilities, serving a regional
population constructed, improved, or rehabilitated after July 25, 1999,
at a cost of at least ten million dollars, including debt service.
"Regional center" also includes an existing convention, conference, or
special events center, and related parking facilities, serving a
regional population, that is improved or rehabilitated after July 25,
1999, where the costs of improvement or rehabilitation are at least ten
million dollars, including debt service. A "special events center" is
a facility, available to the public, used for community events,
sporting events, trade shows, and artistic, musical, theatrical, or
other cultural exhibitions, presentations, or performances. A regional
center is conclusively presumed to serve a regional population if state
and local government investment in the construction, improvement, or
rehabilitation of the regional center is equal to or greater than ten
million dollars.
(2) A public facilities district may enter into contracts with any
city or town for the purpose of exercising any powers of a community
renewal agency under chapter 35.81 RCW.
(3) 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 for the purpose of a regional center.
(4) A public facilities district may impose charges, fees, and
taxes authorized in RCW 35.57.040, and use revenues derived therefrom
for the purpose of paying principal and interest payments on bonds
issued by the public facilities district to construct a regional
center.
(5) Notwithstanding the establishment of a career, civil, or merit
service system, a public facilities district may contract with a public
or private entity for the operation or management of its public
facilities.
(6) A public facilities district is authorized to use the
supplemental alternative public works contracting procedures set forth
in chapter 39.10 RCW in connection with the design, construction,
reconstruction, remodel, or alteration of any regional center.
(7) A city or town in conjunction with any special agency,
authority, or other district established by a county or any other
governmental agency is authorized to use the supplemental alternative
public works contracting procedures set forth in chapter 39.10 RCW in
connection with the design, construction, reconstruction, remodel, or
alteration of any regional center funded in whole or in part by a
public facilities district.
Sec. 3 RCW 82.14.048 and 2008 c 86 s 103 are each amended to read
as follows:
(1) The governing board of a public facilities district under
chapter 36.100 or 35.57 RCW may submit an authorizing proposition to
the voters of the district, and if the proposition is approved by a
majority of persons voting, impose a sales and use tax in accordance
with the terms of this chapter.
(2) 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 not exceed two-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. A public facilities district
formed under RCW 35.57.010(1)(e) may not impose the tax authorized
under this subsection at a rate that exceeds two-tenths of one percent
minus the rate of the highest tax authorized by this subsection that is
imposed by any other public facilities district within its boundaries.
If a public facilities district formed under RCW 35.57.010(1)(e) has
imposed a tax under this subsection and issued or incurred obligations
pledging that tax, so long as those obligations are outstanding no
other public facilities district within its boundaries may thereafter
impose a tax under this subsection at a rate that would reduce the rate
of the tax that was pledged to the repayment of those obligations. A
public facilities district that imposes a tax under this subsection is
responsible for the payment of any costs incurred for the purpose of
administering the provisions of this subsection, RCW 35.57.010(1) (e)
and (d) and 35.57.020(1)(b), including any administrative costs
associated with the imposition of a tax under this subsection incurred
by either the department of revenue or local government, or both.
(3) Moneys received from any tax imposed under the authority of
this section shall be used for the purpose of providing funds for the
costs associated with the financing, design, acquisition, construction,
equipping, operating, maintaining, remodeling, repairing, and
reequipping of its public facilities."
EHB 2299 -
By Committee on Government Operations & Elections
NOT ADOPTED 04/16/2009
On page 1, line 2 of the title, after "districts;" strike the remainder of the title and insert "amending RCW 35.57.010 and 82.14.048; and reenacting and amending RCW 35.57.020."