BP BHEAD INT H

AN ACT Relating to public facilities districts; amending RCW 36.100.030, 36.100.070, 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 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. The 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. 3. 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. 4. Each member of the board of directors of the public facilities district, if authorized by board resolution, 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. Compensation under this section must be authorized by the public facilities district board of directors by board resolution at a regularly scheduled meeting. A director may waive all or a portion of his or her compensation under this section as to a 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 is in addition to reimbursement for expenses paid to the directors by the public facilities district.

NEW SECTION. Sec. 5. The board of directors of the public facilities district may purchase liability insurance with such limits as the directors 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. 6. Whenever an action, claim, or proceeding is instituted against a 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 the person that the attorney of the district's choosing be authorized to defend the claim, suit, or proceeding, and the costs of defense, attorney's fees, and obligation for payments arising from the action may be paid from the district's funds. Costs of defense or judgment or settlement against the person shall not be paid in a case where the court has found that the person was not acting in good faith or within the scope of employment with or duties for the public facilities district.

Sec. 7. 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. 8. 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 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. 9. 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, or condemnation under the procedure in chapter 8.04 RCW. A public facilities district may also execute an executory conditional sales contract for the purchase or construction of real or personal property, or property rights in connection with the exercise of powers or duties that as of the effective date of this act are authorized to exercise, if the entire amount of the purchase price specified in the contract does not result in a total indebtedness in excess of three-eighths of one percent of the value of the taxable property in such district. If the proposed contract would result in a total indebtedness in excess of three-eighths of one percent of the value of the taxable property of the district, a proposition in regard to whether such a contract may be executed shall be submitted to the voters for approval or rejection in the same manner that bonds issued for capital purposes are submitted to the voters. A district may jointly execute contracts authorized by this section, if the entire amount of the purchase price does not result in a joint total indebtedness in excess of three-eighths of one percent of the value of the taxable property in the district. The term "value of the taxable property" has the meaning set forth in RCW 39.36.015.

A public facilities district may execute leases for a period of years with or without an option to purchase for the lease of any real or personal property, or property rights. With respect only to leases that finance the acquisition of property by the lessee, the aggregated portions of lease payments over the term of the lease that are allocable to principal shall constitute debt, which shall not result in a total indebtedness in excess of one and one-fourth percent of the taxable property of the district computed in accordance with RCW 39.36.030, unless a proposition in regard to whether such a lease may be executed is submitted to the voters for their approval or rejection in the same manner that bond issues for capital purposes are submitted, and the voters approve the same.

NEW SECTION. Sec. 10. The public facilities district shall have authority to create and fill positions, fix wages, salaries, and bonds therefor, pay costs involved in securing or arranging to secure employees, and establish 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. 11. 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 under requirements set forth by district resolution.

NEW SECTION. Sec. 12. 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. 13. (1) A public facilities district may issue revenue bonds to fund revenue generating facilities, or portions of facilities, which it is authorized to provide or operate. Whenever revenue bonds are to be issued, the board of directors of the district shall create or have created a special fund or funds from which, along with any reserves created pursuant to RCW 39.44.140, the principal and interest on such revenue bonds shall exclusively be payable. The board may obligate the district to set aside and pay into the special fund or funds a fixed proportion or a fixed amount of the revenues from the public improvements, projects, or facilities, and all related additions, that are funded by the revenue bonds. This amount or proportion shall be a lien and charge against these revenues, subject only to operating and maintenance expenses. The board shall have due regard for the cost of operation and maintenance of the public improvements, projects, or facilities, or additions, that are funded by the revenue bonds, and shall not set aside into the special fund or funds a greater amount or proportion of the revenues that in its judgment will be available over and above the cost of maintenance and operation and the amount or proportion, if any, of the revenue so previously pledged. The board may also provide that revenue bonds payable out of the same source or sources of revenue may later be issued on a parity with any revenue bonds being issued and sold.

(2) Revenue bonds issued pursuant to this section shall not be an indebtedness of the district issuing the bonds, and the interest and principal on the bonds shall only be payable from the revenues lawfully pledged to meet the principal and interest requirements and any reserves created pursuant to RCW 39.44.140. The owner or bearer of a revenue bond or any interest coupon issued pursuant to this section shall not have any claim against the district arising from the bond or coupon except for payment from the revenues lawfully pledged to meet the principal and interest requirements and any reserves created pursuant to RCW 39.44.140. The substance of the limitations included in this subsection shall be plainly printed, written, or engraved on each bond issued pursuant to this section.

(3) Revenue bonds with a maturity in excess of thirty years shall not be issued. The board of directors of the district shall by resolution determine for each revenue bond issue the amount, date, form, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of execution, manner of sale, callable provisions, if any, and covenants including the refunding of existing revenue bonds. Facsimile signatures may be used on the bonds and any coupons. Refunding revenue bonds may be issued in the same manner as revenue bonds are issued.

Sec. 14. 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. 15. Sections 1 through 6, 8, and 10 through 13 of this act are each added to chapter 36.100 RCW.