AN ACT Relating to special assessments for parking and business improvement areas; and amending RCW 35.87A.010, 35.87A.020, 35.87A.080, 35.87A.090, and 35.87A.170.

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

Sec. 1. Section 1, chapter 45, Laws of 1971 ex. sess. as last amended by section 1, chapter 128, Laws of 1985 and RCW 35.87A.010 are each amended to read as follows:

To aid general economic development neighborhood safety and amenities and to facilitate merchant and business cooperation which assists trade, the legislature hereby authorizes all counties and all incorporated cities and towns, including unclassified cities and towns operating under special charters:

(1) To establish, after a petition is submitted by the operators responsible for ((60)) fifty-five percent of the assessments by ((~~businesses~~)) property uses within the area, parking and business improvement areas, hereafter referred to as area or areas, for the following purposes:

(a) The acquisition, construction or maintenance of parking facilities for the benefit of the area;

(b) Decoration of any public place in the area;

(d) Furnishing of music in any public place in the area;

(e) Providing professional management, planning, and promotion for the area, including the management and promotion of retail trade activities in the area; or

(f) Providing maintenance and security for common, public areas.

(2) To levy special assessments on all businesses within the area and specially benefited by a parking and business improvement area to pay in whole or in part the damages or costs incurred therein as provided in this chapter.

Sec. 2. Section 2, chapter 45, Laws of 1971 ex. sess. and RCW 35.87A.020 are each amended to read as follows:

(1) "Business" as used in this chapter means all types of business, including professions and the rental of property for residential use.

(2) "Legislative authority" as used in this chapter means the legislative authority of any city or town including unclassified cities or towns operating under special charters or the legislative authority of any county.

Sec. 3. Section 8, chapter 45, Laws of 1971 ex. sess. as last amended by section 2, chapter 128, Laws of 1985 and RCW 35.87A.080 are each amended to read as follows:

For purposes of the special assessments to be imposed pursuant to this chapter, the legislative authority may make a reasonable classification of ((~~businesses~~)) property use, giving consideration to various factors such as business and occupation taxes imposed, square footage of the business or residential rental space, number of employees, gross sales, or any other reasonable factor relating to the benefit received, including the degree of benefit received from parking. Whenever it is proposed that a parking and business improvement area provide more than one of the purposes listed in RCW 35.87A.010, special assessments may be imposed in a manner that measures benefit from each of the separate purposes, or any combination of the separate purposes. Special assessments shall be imposed and collected annually, or on another basis specified in the ordinance establishing the parking and business improvement area.

Sec. 4. Section 9, chapter 45, Laws of 1971 ex. sess. and RCW 35.87A.090 are each amended to read as follows:

The special assessments need not be imposed on different classes of ((~~business~~)) property use, as determined pursuant to RCW 35.87A.080, on the same basis or the same rate: PROVIDED, HOWEVER, That the special assessments imposed for the purpose of the acquisition, construction or maintenance of parking facilities for the benefit of the area shall be imposed on the basis of benefit determined by the legislative authority after giving consideration to the total cost to be recovered from the ((~~businesses~~)) property use upon which the special assessment is to be imposed, the total area within the boundaries of the parking and business improvement area, the assessed value of the land and improvements within the area, the total business volume generated within the area and within each business, and such other factors as the legislative authority may find and determine to be a reasonable measure of such benefit.

Sec. 5. Section 17, chapter 45, Laws of 1971 ex. sess. and RCW 35.87A.170 are each amended to read as follows:

Businesses established after the creation of an area within the area may be exempted from the special assessments imposed pursuant to this chapter for a period not exceeding one year from the date they commenced ((~~business~~)) such new use in the area.