BILL REQ. #:  H-0476.1 

Prefiled 01/10/13. Read first time 01/14/13.   Referred to Committee on Govt Ops & Elections.

     AN ACT Relating to authorizing government agencies to sell naming rights of public facilities; amending RCW 43.34.090; and adding a new chapter to Title 42 RCW.

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

NEW SECTION.  Sec. 1   The legislature recognizes that in the past government has allowed taxpayer resources to be invested in public-private partnerships to build large stadiums where the private entity contracted for the right to name the facility. The legislature intends to provide additional opportunities for individuals to purchase naming rights for facilities as a mechanism to alleviate the burden of ongoing cost escalation on taxpayers.

NEW SECTION.  Sec. 2   This act shall be known and cited as the facilities naming act.

NEW SECTION.  Sec. 3   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Agency" includes all state and local entities funded directly by taxpayer dollars including, but not limited to:
     (a) Any state board, bureau, commission, committee, court, department, division, educational institution, office, or other state agency and its subdivisions that were created by or pursuant to statute; and
     (b) Any county, city, library, municipal corporation, quasi-municipal corporation, school district, special purpose district, town, or political subdivision of the state of Washington or its subdivisions.
     (2) "Facility" means any agency-owned real or personal property, including but not limited to rooms, buildings, structures, infrastructure, bridges, docks, parks, transportation corridors, or portions thereof.
     (3) "Naming right" means the contractual right provided to a person to designate what name a facility will be known as, and provides the ability to place appropriate signage of the name on or near the facility. Each naming right must be time-limited.

NEW SECTION.  Sec. 4   (1) Each agency is authorized to create rules, regulations, or ordinances using its normal public process to name or rename facilities, or portions thereof, that are under the control of the agency unless there is a conflicting provision within the Revised Code of Washington. In situations where there is a conflicting section of the Revised Code of Washington naming a facility, the provisions of this chapter are secondary or supplanted. The agency adopted rules, regulations, or ordinances and all agency-issued contracts authorizing the naming of facilities must contain provisions to prevent use of names that may be offensive, indecent, discriminatory, illegal, or result in censure or subject the agency to shame or reproach.
     (2) An agency may sell the naming right of a facility or portions thereof if the agency's rules, ordinances, or regulations establish how the fee or charge for the naming right will be established and includes a sales process that is public and competitive.
     (a) Any fee or charge for the naming right established pursuant to this section must be established to minimally recover the costs to provide the naming right. The amount may also include a market rate or be sold at auction to optimize the amount of money the agency recovers for the naming right.
     (b) Any naming right that is paid for must be for a time duration established in a written contract with an initial period not longer than five years. The initial contract period may be renewed for additional years, but not for time periods longer than five years.
     (c) Purchasers of the naming right are responsible for paying for all expenses necessary to implement the name change, including physical signage. The agency must approve all physical sign changes before installment of signs on the facility.
     (3) Any revenue generated from the sale of a naming right must be used to pay for debt, improvements, operations, or maintenance for the named facility. It is the obligation of the agency to document and apply the revenue in accordance with this section and the state administrative and accounting manual.
     (4) An agency should not offer to sell naming rights of a facility if such rights would create a legal conflict with tenants or lessees of the facility.

NEW SECTION.  Sec. 5   The office of the governor may create a single set of rules authorizing the sale of naming rights by all executive branch agencies. Such rules may not be created using the negotiated rule-making process in RCW 34.05.310, the emergency rule-making process in RCW 34.05.350, or the expedited rule-making process in RCW 34.05.353.

Sec. 6   RCW 43.34.090 and 2002 c 164 s 1 are each amended to read as follows:
     (1) Except as provided in chapter 42.-- RCW (the new chapter created in section 7 of this act), the legislature shall approve names for new or existing buildings on the state capitol grounds based upon recommendations from the state capitol committee and the director of the department of ((general administration)) enterprise services, with the advice of the capitol campus design advisory committee, subject to the following limitations:
     (a) An existing building may be renamed only after a substantial renovation or a change in the predominant tenant agency headquartered in the building.
     (b) A new or existing building may be named or renamed after:
     (i) An individual who has played a significant role in Washington history;
     (ii) The purpose of the building;
     (iii) The single or predominant tenant agency headquartered in the building;
     (iv) A significant place name or natural place in Washington;
     (v) A Native American tribe located in Washington;
     (vi) A group of people or type of person;
     (vii) Any other appropriate person consistent with this section as recommended by the director of the department of ((general administration)) enterprise services.
     (c) The names on the facades of the state capitol group shall not be removed.
     (2) The legislature shall approve names for new or existing public rooms or spaces on the west capitol campus based upon recommendations from the state capitol committee and the director of the department of ((general administration)) enterprise services, with the advice of the capitol campus design advisory committee, subject to the following limitations:
     (a) An existing room or space may be renamed only after a substantial renovation;
     (b) A new or existing room or space may be named or renamed only after:
     (i) An individual who has played a significant role in Washington history;
     (ii) The purpose of the room or space;
     (iii) A significant place name or natural place in Washington;
     (iv) A Native American tribe located in Washington;
     (v) A group of people or type of person;
     (vi) Any other appropriate person consistent with this section as recommended by the director of the department of ((general administration)) enterprise services.
     (3) When naming or renaming buildings, rooms, and spaces under this section, consideration must be given to: (a) Any disparity that exists with respect to the gender of persons after whom buildings, rooms, and spaces are named on the state capitol grounds; (b) the diversity of human achievement; and (c) the diversity of the state's citizenry and history.
     (4) This section does not apply if an agency as defined in section 3 of this act chooses to sell a naming right in accordance with section 4 of this act.
     (5) For purposes of this section, "state capitol grounds" means buildings and land owned by the state and otherwise designated as state capitol grounds, including the west capitol campus, the east capitol campus, the north capitol campus, the Tumwater campus, the Lacey campus, Sylvester Park, Centennial Park, the Old Capitol Building, and Capitol Lake.

NEW SECTION.  Sec. 7   Sections 1 through 5 of this act constitute a new chapter in Title 42 RCW.