BILL REQ. #: S-3560.1
State of Washington | 61st Legislature | 2010 Regular Session |
Read first time 01/20/10. Referred to Committee on Economic Development, Trade & Innovation.
AN ACT Relating to modifying local excise taxes in counties that have pledged lodging tax revenues for the payment of bonds prior to June 26, 1975; amending RCW 67.28.180, 82.14.0485, 82.14.049, 82.14.0494, 82.14.360, 36.38.010, and 36.100.220; adding a new section to chapter 67.28 RCW; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 67.28.180 and 2007 c 189 s 1 are each amended to read
as follows:
(1) Subject to the conditions set forth in subsections (2) and (3)
of this section, the legislative body of any county or any city, is
authorized to levy and collect a special excise tax of not to exceed
two percent on the sale of or charge made for the furnishing of lodging
that is subject to tax under chapter 82.08 RCW.
(2) Any levy authorized by this section ((shall be)) is subject to
the following:
(a) Any county ordinance or resolution adopted pursuant to this
section ((shall)) must contain, in addition to all other provisions
required to conform to this chapter, a provision allowing a credit
against the county tax for the full amount of any city tax imposed
pursuant to this section upon the same taxable event.
(b)(i) In the event that any county has levied the tax authorized
by this section and has, prior to June 26, 1975, either pledged the tax
revenues for payment of principal and interest on city revenue or
general obligation bonds authorized and issued pursuant to RCW
67.28.150 through 67.28.160 or has authorized and issued revenue or
general obligation bonds pursuant to the provisions of RCW 67.28.150
through 67.28.160, such county ((shall be)) is exempt from the
provisions of (a) of this subsection, to the extent that the tax
revenues are pledged for payment of principal and interest on bonds
issued at any time pursuant to the provisions of RCW 67.28.150 through
67.28.160((: PROVIDED, That)). However, so much of ((such)) the
pledged tax revenues, together with any investment earnings thereon,
not immediately necessary for actual payment of principal and interest
on such bonds may be used: (((i))) (A) In any county with a population
of one million five hundred thousand or more, for repayment either of
limited tax levy general obligation bonds or of any county fund or
account from which a loan was made, the proceeds from the bonds or loan
being used to pay for constructing, installing, improving, and
equipping stadium capital improvement projects, and to pay for any
engineering, planning, financial, legal and professional services
incident to the development of such stadium capital improvement
projects, regardless of the date the debt for such capital improvement
projects was or may be incurred; (((ii))) (B) in any county with a
population of one million five hundred thousand or more, for repayment
or refinancing of bonded indebtedness incurred prior to January 1,
1997, for any purpose authorized by this section or relating to stadium
repairs or rehabilitation, including but not limited to the cost of
settling legal claims, reimbursing operating funds, interest payments
on short-term loans, and any other purpose for which such debt has been
incurred if the county has created a public stadium authority to
develop a stadium and exhibition center under RCW 36.102.030; or
(((iii))) (C) in other counties, for county-owned facilities for
agricultural promotion until January 1, 2009, and thereafter for any
purpose authorized in this chapter.
(ii) A county is exempt under this subsection with respect to city
revenue or general obligation bonds issued after April 1, 1991, only if
such bonds mature before January 1, 2013. If any county located east
of the crest of the Cascade mountains has levied the tax authorized by
this section and has, prior to June 26, 1975, pledged the tax revenue
for payment of principal and interest on city revenue or general
obligation bonds, the county is exempt under this subsection with
respect to revenue or general obligation bonds issued after January 1,
2007, only if the bonds mature before January 1, ((2021)) 2035. Such
a county may only use funds under this subsection (2)(b) for
constructing or improving facilities authorized under this chapter,
including county-owned facilities for agricultural promotion, and must
perform an annual financial audit of organizations receiving funding on
the use of the funds.
(iii) As used in this subsection (2)(b), "capital improvement
projects" may include, but not be limited to a stadium restaurant
facility, restroom facilities, artificial turf system, seating
facilities, parking facilities and scoreboard and information system
adjacent to or within a county owned stadium, together with equipment,
utilities, accessories and appurtenances necessary thereto. The
stadium restaurant authorized by this subsection (2)(b) ((shall)) must
be operated by a private concessionaire under a contract with the
county.
(c)(i) No city within a county exempt under ((subsection (2))) (b)
of this ((section)) subsection may levy the tax authorized by this
section so long as said county is so exempt.
(ii) ((If bonds have been issued under RCW 43.99N.020 and any
necessary property transfers have been made under RCW 36.102.100,)) No
city within a county with a population of one million five hundred
thousand or more may levy the tax authorized by this section ((before
January 1, 2021)).
(iii) However, in the event that any city in a county described in
(c)(i) or (ii) of this subsection (2)(((c))) has levied the tax
authorized by this section and has, prior to June 26, 1975, authorized
and issued revenue or general obligation bonds pursuant to the
provisions of RCW 67.28.150 through 67.28.160, such city may levy the
tax so long as the tax revenues are pledged for payment of principal
and interest on bonds issued at any time pursuant to the provisions of
RCW 67.28.150 through 67.28.160.
(3) Any levy authorized by this section by a county that has
((levied the tax authorized by this section and has, prior to June 26,
1975, either pledged the tax revenues for payment of principal and
interest on city revenue or general obligation bonds authorized and
issued pursuant to RCW 67.28.150 through 67.28.160 or has authorized
and issued revenue or general obligation bonds pursuant to the
provisions of RCW 67.28.150 through 67.28.160 shall be)) a population
of one million five hundred thousand or more is subject to the
following:
(a) Taxes collected under this section in any calendar year before
2013 in excess of five million three hundred thousand dollars ((shall))
may only be used as follows:
(i) ((Seventy-five percent from January 1, 1992, through December
31, 2000, and)) Seventy percent from January 1, 2001, through December
31, 2012, for art museums, cultural museums, heritage museums, the
arts, and the performing arts. Moneys spent under this subsection
(3)(a)(i) ((shall)) must be used for the purposes of this subsection
(3)(a)(i) in all parts of the county.
(ii) ((Twenty-five percent from January 1, 1992, through December
31, 2000, and)) Thirty percent from January 1, 2001, through December
31, 2012, for the following purposes and in a manner reflecting the
following order of priority: Stadium purposes as authorized under
subsection (2)(b) of this section; acquisition of open space lands;
youth sports activities; and tourism promotion. If all or part of the
debt on the stadium is refinanced, all revenues under this subsection
(3)(a)(ii) ((shall)) must be used to retire the debt.
(b) From January 1, 2013, through December 31, 2015, ((in a county
with a population of one million or more,)) all revenues under this
section shall be used to retire the debt on the stadium, or deposited
in the stadium and exhibition center account under RCW 43.99N.060 after
the debt on the stadium is retired. On and after the date the debt on
the stadium is retired, and through December 31, 2015, one-half of the
revenues under this section in a county of one million five hundred
thousand or more must be deposited in the arts and cultural account
under (d)(i) of this subsection, and the remainder of the revenues must
be deposited in the affordable housing account under (d)(ii) of this
subsection.
(c) From January 1, 2016, through December 31, 2020, ((in a county
with a population of one million or more,)) all revenues under this
section shall be deposited in the stadium and exhibition center account
under RCW 43.99N.060.
(d) ((At least seventy percent of moneys spent under (a)(i) of this
subsection for the period January 1, 1992, through December 31, 2000,
shall be used only for the purchase, design, construction, and
remodeling of performing arts, visual arts, heritage, and cultural
facilities, and for the purchase of fixed assets that will benefit art,
heritage, and cultural organizations. For purposes of this subsection,
fixed assets are tangible objects such as machinery and other equipment
intended to be held or used for ten years or more. Moneys received
under this subsection (3)(d) may be used for payment of principal and
interest on bonds issued for capital projects. Qualifying
organizations receiving moneys under this subsection (3)(d) must be
financially stable and have at least the following:)) On and after January 1, 2021, revenues under this
section in a county of one million five hundred thousand or more must
be deposited as follows:
(i) A legally constituted and working board of directors;
(ii) A record of artistic, heritage, or cultural accomplishments;
(iii) Been in existence and operating for at least two years;
(iv) Demonstrated ability to maintain net current liabilities at
less than thirty percent of general operating expenses;
(v) Demonstrated ability to sustain operational capacity subsequent
to completion of projects or purchase of machinery and equipment; and
(vi) Evidence that there has been independent financial review of
the organization.
(i) At least thirty-seven and one-half percent of the revenues
shall be deposited in an arts and cultural account. The account may
only be used for the purposes of (a)(i) of this subsection.
(ii) At least thirty-seven and one-half percent of the revenues
shall be deposited in an affordable housing account for the purposes of
distributions to nonprofit organizations or public housing authorities
for affordable workforce housing near or at transit stations. For the
purposes of this section, "affordable workforce housing" means housing
for a single person, family, or unrelated persons living together whose
income is at or below one hundred twenty percent of the median income,
adjusted for household size, for the county where the housing is
located.
(iii) The balance of the revenues must be deposited in a special
purposes account under section 8 of this act.
(e) At least forty percent of the revenues distributed pursuant to
(a)(i) of this subsection for the period January 1, 2001, through
December 31, 2012, shall be deposited in an account and ((shall)) must
be used to establish an endowment. Principal in the account ((shall))
must remain permanent and irreducible. The earnings from investments
of balances in the account may only be used for the purposes of (a)(i)
of this subsection.
(f) School districts and schools ((shall)) may not receive revenues
distributed pursuant to (a)(i) of this subsection.
(g) Moneys distributed to art museums, cultural museums, heritage
museums, the arts, and the performing arts, and moneys distributed for
tourism promotion ((shall be)) are in addition to and may not be used
to replace or supplant any other funding by the legislative body of the
county.
(h) As used in this section, "tourism promotion" includes
activities intended to attract visitors for overnight stays, arts,
heritage, and cultural events, and recreational, professional, and
amateur sports events. Moneys allocated to tourism promotion in a
class AA county ((shall)) must be allocated to nonprofit organizations
formed for the express purpose of tourism promotion in the county.
Such organizations ((shall)) must use moneys from the taxes to promote
events in all parts of the class AA county.
(i) No taxes collected under this section may be used for the
operation or maintenance of a public stadium that is financed directly
or indirectly by bonds to which the tax is pledged. Expenditures for
operation or maintenance include all expenditures other than
expenditures that directly result in new fixed assets or that directly
increase the capacity, life span, or operating economy of existing
fixed assets.
(j) No ad valorem property taxes may be used for debt service on
bonds issued for a public stadium that is financed by bonds to which
the tax is pledged, unless the taxes collected under this section are
or are projected to be insufficient to meet debt service requirements
on such bonds.
(k) If a substantial part of the operation and management of a
public stadium that is financed directly or indirectly by bonds to
which the tax is pledged is performed by a nonpublic entity or if a
public stadium is sold that is financed directly or indirectly by bonds
to which the tax is pledged, any bonds to which the tax is pledged
((shall)) must be retired. This subsection (3)(k) does not apply in
respect to a public stadium under chapter 36.102 RCW transferred to,
owned by, or constructed by a public facilities district under chapter
36.100 RCW or a stadium and exhibition center.
(l) The county ((shall)) may not lease a public stadium that is
financed directly or indirectly by bonds to which the tax is pledged
to, or authorize the use of the public stadium by, a professional major
league sports franchise unless the sports franchise gives the right of
first refusal to purchase the sports franchise, upon its sale, to local
government. This subsection (3)(l) does not apply to contracts in
existence on April 1, 1986.
(4) If a court of competent jurisdiction declares any provision of
((this)) subsection (3) of this section invalid, then that invalid
provision ((shall be)) is null and void and the remainder of this
section is not affected.
Sec. 2 RCW 82.14.0485 and 1995 3rd sp.s. c 1 s 101 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 sales and use tax in
accordance with the terms of this chapter. The tax is in addition to
other taxes authorized by law and ((shall)) must 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 county.
The rate of tax shall not exceed 0.017 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.
(2) The tax imposed under subsection (1) of this section ((shall
be)) is deducted from the amount of tax otherwise required to be
collected or paid over to the department of revenue under chapter 82.08
or 82.12 RCW. The department of revenue ((shall)) must perform the
collection of such taxes on behalf of the county at no cost to the
county.
(3) Until the bonds issued for the construction of the baseball
stadium are retired, moneys collected under this section ((shall)) must
only be used for the purpose of paying the principal and interest
payments on bonds issued by a county to construct a baseball stadium.
After the bonds issued for the construction of the baseball stadium are
retired, moneys collected under this section must be deposited in the
special purposes account under section 8 of this act.
(4) ((No tax may be collected under this section before January 1,
1996, and no tax may be collected under this section unless the taxes
under RCW 82.14.360 are being collected.)) The tax imposed in this
section ((shall)) expires ((when the bonds issued for the construction
of the baseball stadium are retired, but not more than twenty years
after the tax is first collected)) on the first day that the tax under
RCW 82.14.390 is not imposed anywhere in the state.
(5) As used in this section, "baseball stadium" means a baseball
stadium with natural turf and a retractable roof or canopy, together
with associated parking facilities, constructed in the largest city in
a county with a population of one million or more.
Sec. 3 RCW 82.14.049 and 2008 c 264 s 4 are each amended to read
as follows:
The legislative authority of any county may impose a sales and use
tax, in addition to the tax authorized by RCW 82.14.030, upon retail
car rentals within the county that are taxable by the state under
chapters 82.08 and 82.12 RCW. The rate of tax ((shall be)) is one
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. Proceeds of the tax ((shall))
may not be used to subsidize any professional sports team and ((shall))
must be used solely for the following purposes:
(1) Acquiring, constructing, maintaining, or operating public
sports stadium facilities;
(2) Engineering, planning, financial, legal, or professional
services incidental to public sports stadium facilities;
(3) Youth or amateur sport activities or facilities; ((or))
(4) Debt or refinancing debt issued for the purposes of subsection
(1) of this section; or
(5) For deposit into a special purposes account under section 8 of
this act.
In a county with a population less than one million five hundred
thousand, at least seventy-five percent of the tax imposed under this
section shall be used for the purposes of subsections (1), (2), and (4)
of this section. In a county of one million five hundred thousand or
more, at least seventy-five percent of the tax imposed under this
section shall be used to retire the debt on the stadium under RCW
67.28.180(2)(b)(ii), until that debt is fully retired, and at least
seventy-five percent must be deposited under subsection (5) of this
section after the debt is fully retired.
Sec. 4 RCW 82.14.0494 and 1997 c 220 s 204 are each amended to
read as follows:
(1) The legislative authority of a county that has created a public
stadium authority to develop a stadium and exhibition center under RCW
36.102.050 may impose a sales and use tax in accordance with this
chapter. The tax is in addition to 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 county. The rate of tax ((shall be)) is 0.016 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.
(2) The tax imposed under subsection (1) of this section ((shall))
must be deducted from the amount of tax otherwise required to be
collected or paid over to the department of revenue under chapter 82.08
or 82.12 RCW. The department of revenue ((shall)) must perform the
collection of such taxes on behalf of the county at no cost to the
county.
(3) ((Before the issuance of bonds in RCW 43.99N.020, all revenues
collected on behalf of the county under this section shall be
transferred to the public stadium authority.)) After bonds are issued
under RCW 43.99N.020, all revenues collected on behalf of the county
under this section ((shall)) must be deposited in the stadium and
exhibition center account under RCW 43.99N.060, until the bonds issued
for the construction of a stadium and exhibition center are retired.
After the bonds issued for the construction of a stadium and exhibition
center are retired, all revenues collected on behalf of the county
under this section must be deposited in the special purposes account
under section 8 of this act.
(4) The definitions in RCW 36.102.010 apply to this section.
(5) This section expires on the ((earliest of the following dates:)) first day that the tax under RCW 82.14.390 is not
imposed anywhere in the state.
(a) December 31, 1999, if the conditions for issuance of bonds
under RCW 43.99N.020 have not been met before that date;
(b) The date on which all bonds issued under RCW 43.99N.020 have
been retired; or
(c) Twenty-three years after the date the tax under this section is
first imposed
Sec. 5 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)) may 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)) may 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)) may 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)) may 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))
must 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)) must
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)) must 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 deposited in the special purposes
account under section 8 of this act.
(4) The proceeds of any bonds issued for the baseball stadium
((shall)) must 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)) tax imposed under subsection (2) of this section
((shall)) expires ((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)) on the first day that the tax under RCW
82.14.390 is not imposed anywhere in the state.
Sec. 6 RCW 36.38.010 and 1999 c 165 s 20 are each amended to read
as follows:
(1) Any county may by ordinance enacted by its county legislative
authority, levy and fix a tax of not more than one cent on twenty cents
or fraction thereof to be paid for county purposes by persons who pay
an admission charge to any place, including a tax on persons who are
admitted free of charge or at reduced rates to any place for which
other persons pay a charge or a regular higher charge for the same or
similar privileges or accommodations; and require that one who receives
any admission charge to any place ((shall)) must collect and remit the
tax to the county treasurer of the county((: PROVIDED,)). However, no
county ((shall)) may impose such tax on persons paying an admission to
any activity of any elementary or secondary school or any public
facility of a public facility district under chapter 35.57 or 36.100
RCW for which a tax is imposed under RCW 35.57.100 or 36.100.210.
(2) As used in this chapter, the term "admission charge" includes
a charge made for season tickets or subscriptions, a cover charge, or
a charge made for use of seats and tables, reserved or otherwise, and
other similar accommodations; a charge made for food and refreshments
in any place where any free entertainment, recreation, or amusement is
provided; a charge made for rental or use of equipment or facilities
for purpose of recreation or amusement, and where the rental of the
equipment or facilities is necessary to the enjoyment of a privilege
for which a general admission is charged, the combined charges
((shall)) must be considered as the admission charge. ((It shall))
Admission charge also includes any automobile parking charge where the
amount of ((such)) the charge is determined according to the number of
passengers in any automobile.
(3) Subject to subsections (4) and (5) of this section, the tax
((herein)) authorized ((shall)) in this section is not ((be)) exclusive
and ((shall)) does not prevent any city or town within the taxing
county, when authorized by law, from imposing within its corporate
limits a tax of the same or similar kind((: PROVIDED, That)).
However, whenever the same or similar kind of tax is imposed by any
such city or town, no such tax ((shall)) may be levied within the
corporate limits of such city or town by the county.
(4) Notwithstanding subsection (3) of this section, the legislative
authority of a county with a population of one million or more may
exclusively levy taxes on events in baseball stadiums constructed on or
after January 1, 1995, that are owned by a public facilities district
under chapter 36.100 RCW and that have seating capacities over forty
thousand at the rates of:
(a) Not more than one cent on twenty cents or fraction thereof, to
be used for the purpose of paying the principal and interest payments
on bonds issued by a county to construct a baseball stadium as defined
in RCW 82.14.0485. If the revenue from the tax exceeds the amount
needed for that purpose, the excess ((shall)) must be placed in a
contingency fund which ((may only)) must be used ((to pay unanticipated
capital costs on the baseball stadium, excluding any cost overruns on
initial construction)) exclusively by the public facilities district to
fund repair, reequipping, and capital improvement of the baseball
stadium; and
(b) Not more than one cent on twenty cents or fraction thereof, to
be used for the purpose of paying the principal and interest payments
on bonds issued by a county to construct a baseball stadium as defined
in RCW 82.14.0485. The tax imposed under this subsection (4)(b)
((shall)) expires when the bonds issued for the construction of the
baseball stadium are retired, but not later than twenty years after the
tax is first collected.
(5) Notwithstanding subsection (3) of this section, the legislative
authority of a county that has created a public stadium authority to
develop a stadium and exhibition center under RCW 36.102.050 may levy
and fix a tax on charges for admission to events in a stadium and
exhibition center, as defined in RCW 36.102.010, constructed in the
county on or after January 1, 1998, that is owned by a public stadium
authority under chapter 36.102 RCW. The tax ((shall be)) is exclusive
and ((shall)) precludes the city or town within which the stadium and
exhibition center is located from imposing a tax of the same or similar
kind on charges for admission to events in the stadium and exhibition
center, and ((shall)) precludes the imposition of a general county
admissions tax on charges for admission to events in the stadium and
exhibition center. For the purposes of this subsection, "charges for
admission to events" means only the actual admission charge, exclusive
of taxes and service charges and the value of any other benefit
conferred by the admission. The tax authorized under this subsection
((shall)) must be at the rate of not more than one cent on ten cents or
fraction thereof. Revenues collected under this subsection ((shall))
must be deposited in the stadium and exhibition center account under
RCW 43.99N.060 until the bonds issued under RCW 43.99N.020 for the
construction of the stadium and exhibition center are retired. After
the bonds issued for the construction of the stadium and exhibition
center are retired, the tax authorized under this section ((shall))
must be used exclusively to fund repair, reequipping, and capital
improvement of the stadium and exhibition center. The tax under this
subsection may be levied upon the first use of any part of the stadium
and exhibition center but ((shall)) may not be collected at any
facility already in operation as of July 17, 1997.
Sec. 7 RCW 36.100.220 and 1999 c 165 s 18 are each amended to
read as follows:
A public facility district may levy and fix a tax on any vehicle
parking charges imposed at any parking facility that is owned or leased
by the public facility district as part of a regional center, as
defined in RCW 35.57.020, or a baseball stadium, as defined in RCW
82.14.0485. No county ((or)), city, or town within which the regional
center or baseball stadium is located may impose a tax of the same or
similar kind on any vehicle parking charges at the facility. For the
purposes of this section, "vehicle parking charges" means only the
actual parking charges exclusive of taxes and service charges and the
value of any other benefit conferred. The tax authorized under this
section ((shall)) must be at the rate of not more than ten percent.
The tax authorized by this section with respect to a parking facility
associated with a baseball stadium must be used exclusively to fund
repair, reequipping, and capital improvement of the baseball stadium,
and is not subject to the requirements of RCW 36.100.010(4).
NEW SECTION. Sec. 8 A new section is added to chapter 67.28 RCW
to read as follows:
(1) Except as provided in subsection (2) of this section, money
deposited in a special purposes account under this section may be used
only for one or more of the following purposes within the county:
(a) Funding nonprofit organizations providing public health
services;
(b) Funding nonprofit organizations providing human service
programs;
(c) Funding tourism promotion as defined in RCW 67.28.080;
(d) Funding youth or amateur sports activities or facilities;
(e) Funding regional centers;
(f) Funding performing arts centers;
(g) Maintaining or improving publicly owned stadiums or arenas as
long as improvements can be made without economic harm to existing
tenants of those stadiums or arenas; or
(h) Funding community preservation and development authorities
created in chapter 43.167 RCW.
(2) Beginning in calendar year 2013, funding must be provided
annually in an amount necessary to maintain a stadium constructed by a
public facilities district under the authority of RCW 36.100.035.
NEW SECTION. Sec. 9 This act takes effect July 1, 2010.