S-3513.1

2135.E AMS WEST S3513.1

EHB 2135 - S AMD

By Senator West

Beginning on page 5, line 29, strike all material through page 6, line 18, and insert the following:

"NEW SECTION. Sec. 5. The treasurer of the county in which a public facilities district is located shall be the treasurer of the district and shall be vested with authority to receive and disburse district revenues and taxes duly levied, credit district revenues and taxes to the proper fund, and perform such other services as authorized by law on behalf of the district. The public facilities district funds shall be deposited with the county depositories under the same restrictions and security as provided for county depositories subject to the investment statutes governing investment of public funds. All interest collected on public facilities district funds shall belong to the district and be deposited to its credit in the proper district funds. The treasurer shall, at least monthly, certify the amount of all public facilities district funds and prepare such other reports as requested by the district. All public facilities district funds shall be paid to the treasurer and shall be disbursed by him or her upon presentation of vouchers approved by the district.

NEW SECTION. Sec. 6. The board of directors of the public facilities district shall adopt a resolution that may be amended from time to time that shall establish the basic requirements governing methods and amounts of reimbursement payable to such district officials and employees for travel and other business expenses incurred on behalf of the district. The resolution shall, among other things, establish procedures for approving such expenses; the form of the travel and expense voucher; and requirements governing the use of credit cards issued in the name of the district. Such resolution may also establish procedures for payment of per diem to board members. The state auditor shall, as provided by general law, cooperate with the public facilities district in establishing adequate procedures for regulating and auditing the reimbursement of all such expenses.

NEW SECTION. Sec. 7. The board of directors of the public facilities district may authorize payment of actual and necessary expenses of officers and employees for lodging, meals, and travel-related costs incurred in attending meetings or conferences on behalf of the public facilities district and strictly in the public interest and for public purposes. Officers and employees may be advanced sufficient sums to cover their anticipated expenses in accordance with rules adopted by the state auditor, which shall substantially conform to the procedures provided in RCW 43.03.150 through 43.03.210.

NEW SECTION. Sec. 8. Each member of the board of directors of the public facilities district may receive compensation of fifty dollars per day for attending meetings or conferences on behalf of the district, not to exceed three thousand dollars per year, if the public facilities district board of directors has authorized by board resolution, at a regularly scheduled meeting, the provision of such compensation. Any director may waive all or any portion of his or her compensation under this section as to any month or months during his or her term of office, by a written waiver filed with the public facilities district. The compensation provided in this section shall be in addition to any reimbursement for expenses paid to such directors by the public facilities district.

NEW SECTION. Sec. 9. The board of directors of the public facilities district may purchase liability insurance with such limits as they may deem reasonable for the purpose of protecting and holding personally harmless district officers and employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties.

NEW SECTION. Sec. 10. Whenever any action, claim, or proceeding is instituted against any person who is or was an officer or employee of the public facilities district arising out of the performance of duties for or employment with the district, the public facilities district may grant a request by such person that the attorney of the district's choosing be authorized to defend said claim, suit, or proceeding, and the costs of defense, attorney's fees, and any obligation for payments arising from such action may be paid from the district's funds. Costs of defense or judgment or settlement against such person shall not be paid in any case where the court has found that such person was not acting in good faith or within the scope of employment with or duties for the public facilities district.

Sec. 11. RCW 36.100.030 and 1989 1st ex.s. c 8 s 3 are each amended to read as follows:

(1) A public facilities district that is located in a county with three hundred thousand or more population that is located more than one hundred miles from any county in which the state has constructed and owns a convention center is authorized to acquire, construct, own, maintain, and operate sports ((~~and~~)) and/or entertainment facilities with contiguous parking facilities and, upon the approval of the voters of the public facilities district, a regional science education facility may be located in any city or county within a public facilities district that has a population of more than one hundred fifty thousand. A public facility district that is located in a county with a population of less than seventy-five thousand but greater than twenty thousand in which is located part of a national monument is authorized to acquire, construct, own, maintain, and operate a sports and entertainment facility with contiguous parking facilities. A public facilities district that is located in a county with a population of one million or more is authorized to acquire, construct, own, maintain, and operate facilities for youth and senior citizen programs and activities, including recreational facilities, meeting facilities, and contiguous parking facilities. The facilities must be located within the boundaries of a participating city.

(2) A public facilities district may impose charges and fees for the use of its facilities, and may accept and expend or use gifts, grants, and donations. The taxes that are provided for in this chapter may only be imposed ((~~for such purposes~~)) to finance the facilities that the particular public facilities district is authorized to provide.

NEW SECTION. Sec. 12. The board of directors of the public facilities district shall have authority to authorize the expenditure of funds for the public purposes of preparing and distributing information to the general public and promoting, advertising, improving, developing, operating, and maintaining facilities of the district. Nothing contained in this section shall be construed to authorize preparation and distribution of information to the general public for the purpose of influencing the outcome of a district election.

NEW SECTION. Sec. 13. The public facilities district shall have authority to create and fill positions, to fix wages, salaries, and bonds therefor, to pay costs involved in securing or arranging to secure employees, and to establish such benefits for employees, including holiday pay, vacations or vacation pay, retirement benefits, medical, life, accident, or health disability insurance, as approved by the board. Public facilities district board members, at their own expense, shall be entitled to medical, life, accident, or health disability insurance. Insurance for employees and board members shall not be considered compensation. District coverage for the board is not to exceed that provided public facilities district employees.

NEW SECTION. Sec. 14. The public facilities district may secure services by means of an agreement with a service provider. The public facilities district shall publish notice, establish criteria, receive and evaluate proposals, and negotiate with respondents pursuant to requirements set forth by district resolution.

NEW SECTION. Sec. 15. In addition to provisions contained in chapter 39.04 RCW, the public facilities district is authorized to follow procedures contained in RCW 43.19.1906 and 43.19.1911 for all purchases, contracts for purchase, and sales.

NEW SECTION. Sec. 16. Sections 5 through 10 and 12 through 15 of this act are each added to chapter 36.100 RCW."

Renumber the remaining sections consecutively and correct internal references accordingly.

EHB 2135 - S AMD

By Senator

On page 9, after line 16, insert the following:

"Sec. 10. RCW 82.14.048 and 1991 c 207 s 1 are each amended to read as follows:

The governing board of a public facilities district under chapter 36.100 RCW may submit an authorizing proposition to the voters of the district, and if the proposition is approved by a majority of persons voting, fix and impose a sales and use tax in accordance with the terms of this chapter.

The tax authorized in this section shall be in addition to any 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 public facilities district. The rate of tax shall equal one-tenth 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.

Moneys received from any tax imposed under this section shall be used for the purpose of providing funds for the costs associated with the financing, design, acquisition, construction, equipping, operating, maintaining, and reequipping of ((~~sports or entertainment facilities and contiguous parking~~)) the facilities that the public facilities district is authorized to provide."

EHB 2135 - S AMD

By Senator West

On page 1, line 1 of the title, after "revenue;" strike the remainder of the title and insert "amending RCW 67.28.240, 36.100.010, 36.100.020, 36.100.030, 36.100.040, 36.100.050, 36.100.060, and 82.14.048; adding a new section to chapter 67.28 RCW; and adding new sections to chapter 36.100 RCW."