SSB 6116 -
By Senator Murray
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 82.14.360 and 2008 c 86 s 104 are each amended to
read as follows:
(1) The legislative authority of a county with a population of one
million five hundred thousand 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 authorized 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. A county may not impose the tax authorized in this
subsection after December 31, 2015.
(2) The legislative authority of a county with a population of one
million five hundred thousand 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)(a) Except as provided in (b) of this subsection, the revenue
from the taxes imposed under the authority of 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). If the revenue
from the taxes imposed under the authority of this section exceeds the
amount needed for such principal and interest payments in any year, the
excess shall be used solely:
(((a))) (i) For early retirement of the bonds issued for the
baseball stadium; and
(((b))) (ii) If the revenue from the taxes imposed under this
section exceeds the amount needed for the purposes in (a)(i) 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.
(b) After the bonds issued for the construction of the baseball
stadium are retired, the revenue from the taxes imposed under the
authority of this section must be applied as set forth in subsection
(6) of this section.
(4) The proceeds of any bonds issued for the baseball stadium shall
be provided to the district.
(5) As used in this section, "baseball stadium" means "baseball
stadium" as defined in RCW 82.14.0485.
(6) ((The taxes imposed under this section shall expire when the
bonds issued for the construction of the baseball stadium are retired,
but not later than twenty years after the taxes are first collected))
(a) After the bonds issued for the construction of the baseball stadium
are retired, at the time the conditions in (b) of this subsection are
met, the largest city in the county shall retain the portion of the
taxes in subsections (1) and (2) of this section from sales within the
city.
(b) In order to retain the revenue in (a) of this subsection, on or
before August 18, 2013, the largest city in the county must have
entered into a binding and legally enforceable contractual commitment
with a prospective basketball lessee to (i) lease a multipurpose public
arena within the city and (ii) pay at least one hundred fifty million
dollars, in 2008 dollars adjusted for inflation annually using the
engineering news record twenty-city construction cost index, towards
the cost of the project to improve a multipurpose public arena within
the city.
(c) This subsection is only applicable until the time that bonds
are paid off for the purposes of (b) of this subsection.
(7) The following definitions apply to this section unless the
context clearly requires otherwise:
(a) "Prospective basketball lessee" means an entity that has a
legally binding option or agreement to purchase an existing or
expansion national basketball association franchise; and
(b) "Multipurpose public arena" means a multipurpose public arena
with a seating capacity of sixteen thousand or more that is located on
the grounds of a civic center and owned by a city or public
corporation."
SSB 6116 -
By Senator
On page 1, line 4 of the title, after "1975;" strike the remainder of the title and insert "and amending RCW 82.14.360."
EFFECT: Allows Seattle to receive the portion of the King County food and beverage tax and the 2% rental car tax imposed within the city, if the city signs a lease with an NBA team prior to August 2013. The amendment also has the effect of providing the necessary language that would allow Seattle to receive a $30 million payment, if they should not sign a lease with an NBA team by August 2013. All other provisions of the bill are removed.