2402-S

AN ACT Relating to public facilities districts; amending RCW 36.100.030, 36.100.070, 36.100.060, and 82.14.048; and adding new sections to chapter 36.100 RCW.

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

NEW SECTION. Sec. 1. The treasurer of the county in which a public facilities district is located shall be the treasurer of the district and is vested with authority to receive and disburse district revenues and taxes levied, credit district revenues and taxes to the proper fund, and perform 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. 2. The directors and employees of a public facilities district are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from the director's or employee's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 42.24 RCW.

NEW SECTION. Sec. 3. Each director shall each receive fifty dollars per day or portion of a day, not to exceed four thousand eight hundred dollars per year, for attendance at board meetings and for performance of other services in behalf of the district.

A director may waive all or a portion of his or her compensation payable under this section as to a month or months during his or her term of office, by a written waiver filed with the board as provided in this section. The waiver, to be effective, must be filed any time after the director's appointment and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

Directors are entitled to receive the same insurance available to all employees of the district. The premiums for such insurance, except liability insurance, shall be paid by the individual directors who elect to receive it. The amount and type of insurance made available to directors may not exceed the insurance made available to the employees except for liability insurance.

Sec. 4. 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 is authorized to acquire, construct, own, maintain, and operate sports ((~~and~~)) or entertainment facilities, or both sports and entertainment facilities, with contiguous parking facilities. The taxes that are provided for in this chapter may only be imposed for these purposes.

(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.~~))

NEW SECTION. Sec. 5. 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 promoting and advertising the facilities of the district. Nothing contained in this section may be construed to authorize preparation and distribution of information to the general public for the purpose of influencing the outcome of a district election.

Sec. 6. RCW 36.100.070 and 1988 ex.s. c 1 s 17 are each amended to read as follows:

A public facilities district may acquire and transfer real and personal property by lease, sublease, purchase, or sale, including executory conditional sales contracts and leases with an option to purchase.

NEW SECTION. Sec. 7. 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. 8. A public facilities district may issue revenue bonds, and create related reserve funds, to finance revenue generating facilities, or portions of facilities, that it is authorized to provide or operate using the provisions of RCW 39.46.150 and 39.46.160.

Sec. 9. RCW 36.100.060 and 1989 1st ex.s. c 8 s 5 are each amended to read as follows:

(1) To carry out the purpose of this chapter, a public facilities district may ((~~issue general obligation bonds~~)) incur general obligation indebtedness, not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness, equal to three-eighths of one percent of the value of taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015. A facilities district additionally may ((~~issue general obligation bonds~~)) incur general obligation indebtedness for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to one and one-fourth percent of the value of the taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015, when authorized by the voters of the public facilities district pursuant to Article VIII, section 6 of the state Constitution, and to provide for the retirement thereof by excess property tax levies as provided in this chapter.

((~~(2)~~)) General obligation indebtedness may be in the form of general obligation bonds, executory conditional sales contracts, and leases that finance the acquisition of property.

General obligation bonds may be issued with a maturity of up to thirty years, and shall be issued and sold in accordance with the provisions of chapter 39.46 RCW.

((~~(3)~~)) The general obligation bonds may be payable from the operating revenues of the public facilities district in addition to the tax receipts of the district.

((~~(4)~~)) (2) The excise tax imposed pursuant to RCW 36.100.040 shall terminate upon final payment of all bonded indebtedness for the sports and entertainment facility.

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, or both sports and entertainment facilities, and contiguous parking.

NEW SECTION. Sec. 11. Sections 1 through 3, 5, 7, and 8 of this act are each added to chapter 36.100 RCW.