SENATE BILL REPORT

SB 6128

BYSenators Bluechel and Bender

Revising provisions for park and recreation service areas.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):January 21, 1988; February 3, 1988

Majority Report:  That Substitute Senate Bill No. 6128 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Metcalf, Chairman; Smith, Vice Chairman; Barr, DeJarnatt, Kreidler, Rinehart.

Senate Staff:Gary Wilburn (786-7453)

                  February 3, 1988

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 3, 1988

BACKGROUND:

In addition to statutory authority of city and county governments to provide for park and recreation facilities, authority exists for the formation of park and recreation districts, metropolitan park districts, and park and recreation service areas.  The latter may be initiated by resolution of the legislative authority of any county or by petition of voters within the proposed area, and must be formed through an election by the voters within such area.  Park and recreation service areas may be formed for the purpose of financing the acquisition and operation of park and recreation facilities, which shall be owned or leased by the county.  Financing certain service area activities is provided through election by the voters within the area regarding regular property tax levies, annual excess levies, or the issuance of general obligation bonds and bond retirement levies.  Provisions are made for park and recreation service area budgets, use of county employees, admission fees, concessions, county expenditures for facilities acquired by service area funds, and other purposes. 

In 1967 the Washington Supreme Court invalidated a proposed bond measure by a park and recreation service area, and suggested that the existing legislation would not be sufficient to make such areas taxing authorities independent of counties for purposes of the uniformity requirements under the State Constitution.  In 1981 the statutes were amended to address this decision, although a recent opinion of bond counsel recommended further clarifying amendments.

SUMMARY:

Park and recreation service areas may own or lease and administer park and recreation facilities, and acquire land for this purpose.  In addition to existing powers, such service areas shall have authority to hire employees, enter contracts, accept and expend gifts and grants, and to sue or be sued.  The governing body shall be the members of the county legislative authority acting ex officio and independently.  A service area may charge use fees or other charges on facilities operated by the area.  Facilities may be owned individually by a service area or jointly with a county or city.  Eminent domain power may be exercised by a service area for its authorized purposes in a manner consistent with the power of the county in which the area is located.  With the exception of the grant of eminent domain power, the specified authority makes explicit the authority Washington court decisions have found to be implicit as necessary and proper for carrying out the specified purposes of most special districts.

EFFECT OF PROPOSED SUBSTITUTE:

Members of the governing body of a park recreation service area act independently of their duties as members of the county legislative authority.  The ballot proposition to form such an area must describe the composition of the governing body.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Cynthia Foster, King County Council Staff (for); Pam Easle, Washington Recreation and Park Association (for)