BILL REQ. #:  S-3024.1 

Read first time 05/13/11.   Referred to Committee on Government Operations, Tribal Relations & Elections.

     AN ACT Relating to providing local government funding of tourism promotion, workforce housing, art and heritage programs, and community development; amending RCW 82.14.049, 82.14.360, 36.38.010, 36.100.220, and 67.28.180; and adding a new section to chapter 67.28 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 82.14.049 and 2011 c 174 s 107 are each amended to read as follows:
     (1) 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 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 may not be used to subsidize any professional sports team and must be used solely for the following purposes:
     (a) Acquiring, constructing, maintaining, or operating public sports stadium facilities;
     (b) Engineering, planning, financial, legal, or professional services incidental to public sports stadium facilities;
     (c) Youth or amateur sport activities or facilities; ((or))
     (d) Debt or refinancing debt issued for the purposes of (a) of this subsection (((1) of this section)); or
     (e) For deposit into a special MLK workforce housing, arts and preservation, tourism, convention and trade center, and community development fund as provided in section 3 of this act.
     (2) In a county of one million five hundred thousand or more, at least seventy-five percent of the tax imposed under this section must 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 as provided under subsection (1)(e) of this section after the debt is fully retired.
     (3) A county with a population of one million five hundred thousand or more may not impose the tax authorized under this section beginning on the first day of the second month following the date on which: (a) The county does not impose both taxes authorized under RCW 82.14.360 through December 31, 2015; or (b) the distribution described under section 6(3)(d) of this act is repealed, modified, or otherwise not in law.

Sec. 2   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. Except as provided in subsection (6) of this section, 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. Except as provided in subsection (6) of this section, a county may not impose the tax authorized in this subsection after December 31, 2015.
     (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)) has 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)) must 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) 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 a special MLK workforce housing, arts and preservation, tourism, convention and trade center, and community development fund as provided in section 3 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 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 county may not impose either tax authorized under this section beginning on the first day of the second month following the date on which: (a) The distribution into a special MLK workforce housing, arts and preservation, tourism promotion facilities, and community development fund as provided in section 1(1)(e) of this act is repealed, modified, or otherwise not in law; or (b) the distribution described under section 6(3)(d) of this act is repealed, modified, or otherwise not in law.

NEW SECTION.  Sec. 3   A new section is added to chapter 67.28 RCW to read as follows:
     (1) As provided in subsection (2) of this section, revenue deposited in a special MLK workforce housing, arts and preservation, tourism, convention and trade center, and community development fund, as provided in RCW 67.28.180(3)(d), 82.14.049, and 82.14.360, must be used only for affordable workforce housing; the expansion, construction, repair, or maintenance of a convention and trade center; art museums, cultural museums, heritage museums, and heritage and preservation programs; the arts; the performing arts; other capital or operating programs that promote tourism and attract tourists to the county; and community development.
     (2) Beginning in calendar year 2012, the county must distribute money in the account annually as follows:
     (a)(i) Through calendar year 2012, a minimum of one million dollars for art museums, cultural museums, heritage museums, heritage and preservation programs, the arts, and the performing arts;
     (ii) Beginning January 1, 2013, through December 31, 2020, a minimum of two million dollars must be used for the purposes of (a)(i) of this subsection;
     (iii) Beginning with calendar year 2021, 32.5 percent of the revenues described under RCW 67.28.180(3)(d) must be used for the purposes of (a)(i) of this subsection;
     (iv) The funds distributed in (a)(i) through (iii) of this subsection should be broadly and equitably distributed throughout the county, and provide support to underserved communities;
     (b)(i) Through calendar year 2012, one million dollars for distributions to nonprofit organizations or public housing authorities for affordable workforce housing within one-half of a mile of a transit station, as described under RCW 9.91.025;
     (ii) Beginning January 1, 2013, through December 31, 2020, four million dollars must be used for the purposes of (b)(i) of this subsection;
     (iii) Beginning with calendar year 2021, twenty-five percent of the revenues described under RCW 67.28.180(3)(d) must be used for the purposes of (b)(i) of this subsection;
     (iv) At least forty percent of the funds in this subsection (2)(b) must be used for the purposes of (b)(i) of this subsection in cities with a population of less than six hundred thousand and at least forty percent of the funds must be used for purposes of (b)(i) of this subsection in a city with a population greater than six hundred thousand; and
     (v) At least five percent of the funds used in this subsection (2)(b) must be used for services for homeless youth within the county;
     (c)(i) Beginning January 1, 2012, through December 31, 2015, one million dollars must be divided equally between (c)(ii)(A) and (c)(ii)(B) of this subsection.
     (ii) Beginning January 1, 2016, through December 31, 2020, five hundred thousand dollars must be divided equally:
     (A) For the Pioneer Square-International District community preservation and development authority under RCW 43.167.060 for projects requested by the community preservation and development authority and approved by the county legislative authority. The purpose of the projects must be for historic preservation, economic revitalization, or capital or operating programs that promote tourism and attract tourists to the county. The county must contract with the Pioneer Square-International District community preservation and development authority to perform these services; and
     (B) For Seattle Southside Visitor Services for programs that promote tourism and attract tourists to the county. The county must contract with Seattle Southside Visitor Services to perform these services; and
     (d) The remaining distributions must be for:
     (i) An amount that supports a minimum of one hundred forty million dollars to the construction, expansion, or repair of property owned by a public facilities district created under chapter 36.100 RCW to operate a convention and trade center transferred from a public nonprofit corporation under RCW 36.100.230(1); and
     (ii) Capital or operating programs that promote tourism and attract tourists to the county.
     (3) For the purposes of this section, the following definitions apply:
     (a) "Affordable workforce housing" means housing for a single person, family, or unrelated persons living together whose income is between thirty percent and eighty percent of the median income, adjusted for household size, for the county where the housing is located.
     (b) "Consumer price index" means the Seattle-Tacoma-Bremerton consumer price index for all urban consumers (CPI-U) available from the bureau of labor statistics of the United States department of labor.
     (4) Money deposited in a special MLK workforce housing, arts and preservation, tourism, convention and trade center, and community development fund under this section may not be used to acquire or construct a new stadium facility used by a professional sports franchise or to acquire, construct, repair, or improve a stadium used primarily by a state university.

Sec. 4   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 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 be)) is 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 be)) is 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. 5   RCW 36.100.220 and 1999 c 165 s 18 are each amended to read as follows:
     (1) 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.
     (2) 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.
     (3) 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).

Sec. 6   RCW 67.28.180 and 2010 1st sp.s. c 26 s 8 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. 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, heritage and preservation programs, 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)) must 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.
     (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)) must 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:
     (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.)) On and after January 1, 2021, revenues under this section in a county of one million five hundred thousand or more must be deposited in a special MLK workforce housing, arts and preservation, tourism, convention and trade center, and community development fund as provided in section 3 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)) must be deposited in an account and ((shall)) must be used to establish an endowment. Until January 1, 2013, principal in the account ((shall)) must remain permanent and irreducible. Beginning January 1, 2013, principal in the account may be used for the purposes of (a)(i) of this subsection. 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 county with a population of one million or more ((shall)) must be allocated to public entities or nonprofit organizations formed for the express purpose of tourism promotion in the county. Except for the entities in section 3(2)(c) of this act, such ((organizations shall)) entities must use moneys from the taxes to promote events in all parts of the 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.