AN
ACT Relating to a mechanism for financing stadium and exhibition centers and
education technology grants; amending RCW 82.29A.130, 67.70.240, 67.70.042,
39.42.060, 43.79A.040, 36.38.010, 36.32.235, 39.04.010, 39.10.120, 67.28.180,
and 82.14.049; reenacting and amending RCW 42.17.310; adding a new section to
chapter 82.08 RCW; adding a new section to chapter 82.14 RCW; adding new
sections to chapter 67.70 RCW; adding new sections to chapter 43.330 RCW;
adding a new section to chapter 36.38 RCW; adding a new section to chapter
39.30 RCW; adding a new chapter to Title 36 RCW; adding a new chapter to Title
43 RCW; creating new sections; providing a contingent expiration date;
providing for the submission of certain sections of this act to a vote of the
people; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
PART
I
AUTHORITY
CREATION AND POWERS
NEW
SECTION. Sec. 101. The
definitions in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1)
"Design" includes architectural, engineering, and other related
professional services.
(2)
"Develop" means, generally, the process of planning, designing,
financing, constructing, owning, operating, and leasing a project such as a
stadium and exhibition center.
(3)
"Permanent seat license" means a transferable license sold to a third
party that, subject to certain conditions, restrictions, and limitations,
entitles the third party to purchase a season ticket to professional football
games of the professional football team played in the stadium and exhibition
center for so long as the team plays its games in that facility.
(4)
"Preconstruction" includes negotiations, including negotiations with
any team affiliate, planning, studies, design, and other activities reasonably
necessary before constructing a stadium and exhibition center.
(5)
"Professional football team" means a team that is a member of the
national football league or similar professional football association.
(6)
"Public stadium authority operation" means the formation and ongoing
operation of the public stadium authority, including the hiring of employees,
agents, attorneys, and other contractors, and the acquisition and operation of
office facilities.
(7)
"Site acquisition" means the purchase or other acquisition of any
interest in real property including fee simple interests and easements, which
property interests constitute the site for a stadium and exhibition center.
(8)
"Site preparation" includes demolition of existing improvements,
environmental remediation, site excavation, shoring, and construction and
maintenance of temporary traffic and pedestrian routing.
(9)
"Stadium and exhibition center" means an open-air stadium suitable
for national football league football and for Olympic and world cup soccer,
with adjacent exhibition facilities, together with associated parking
facilities and other ancillary facilities.
(10)
"Team affiliate" means a professional football team that will use the
stadium and exhibition center, and any affiliate of the team designated by the
team. An "affiliate of the team" means any person or entity that
controls, is controlled by, or is under common control with the team.
NEW
SECTION. Sec. 102. (1) A
public stadium authority may be created in any county that has entered into a
letter of intent relating to the development of a stadium and exhibition center
under chapter . . ., Laws of 1997 (this act) with a team affiliate or
an entity that has a contractual right to become a team affiliate.
(2)
A public stadium authority shall be created upon adoption of a resolution
providing for the creation of such an authority by the county legislative
authority in which the proposed authority is located.
(3)
A public stadium authority shall constitute a body corporate and shall possess
all the usual powers of a corporation for public purposes as well as all other
powers that may now or hereafter be specifically conferred by statute,
including, but not limited to, the authority to hire employees, staff, and
services, to enter into contracts, and to sue and be sued.
(4)
The legislative authority of the county in which the public stadium authority
is located, or the council of any city located in that county, may transfer
property to the public stadium authority created under this chapter. Property
encumbered by debt may be transferred by a county legislative authority or a
city council to a public stadium authority created to develop a stadium and
exhibition center under section 105 of this act, but obligation for payment of
the debt may not be transferred.
NEW
SECTION. Sec. 103. (1) A
public stadium authority shall be governed by a board of directors consisting
of seven members appointed by the governor. The speaker of the house of representatives,
the minority leader of the house of representatives, the majority leader of the
senate, and the minority leader of the senate shall each recommend to the
governor a person to be appointed to the board.
(2)
Members of the board of directors shall serve four-year terms of office, except
that three of the initial seven board members shall serve two-year terms of
office. The governor shall designate the initial terms of office for the
initial members who are appointed.
(3)
A vacancy shall be filled in the same manner as the original appointment was
made and the person appointed to fill a vacancy shall serve for the remainder
of the unexpired term of the office for the position to which he or she was
appointed.
(4)
A director appointed by the governor may be removed from office by the
governor.
NEW
SECTION. Sec. 104. (1)
There is created a public stadium authority advisory committee comprised of
five members. The advisory committee consists of: The director of the office
of financial management, who shall serve as chair; two members appointed by the
house of representatives, one each appointed by the speaker of the house of
representatives and the minority leader of the house of representatives; and
two members appointed by the senate, one each appointed by the majority leader
of the senate and the minority leader of the senate.
(2)
The advisory committee, prior to the final approval of any lease with the
master tenant or sale of stadium naming rights, shall review and comment on the
proposed lease agreement or sale of stadium naming rights.
NEW
SECTION. Sec. 105. (1)
The public stadium authority is authorized to acquire, construct, own, remodel,
maintain, equip, reequip, repair, and operate a stadium and exhibition center
as defined in section 101 of this act.
(2)
The public stadium authority may enter into agreements under chapter 39.34 RCW
for the joint provision and operation of a stadium and exhibition center and
may enter into contracts under chapter 39.34 RCW where any party to the
contract provides and operates the stadium and exhibition center for the other
party or parties to the contract.
(3)
Any employees of the public stadium authority shall be unclassified employees
not subject to the provisions of chapter 41.06 RCW and a public stadium
authority may contract with a public or private entity for the operation or
management of the stadium and exhibition center.
(4)
The public stadium authority is authorized to use the alternative supplemental
public works contracting procedures set forth in chapter 39.10 RCW in
connection with the design, construction, reconstruction, remodel, or
alteration of a stadium and exhibition center.
(5)
The public stadium authority may impose charges and fees for the use of the
stadium and exhibition center, and may accept and expend or use gifts, grants,
and donations.
(6)
The public stadium authority shall comply with the prevailing wage requirements
of chapter 39.12 RCW and goals established for women and minority-business
participation for the county.
NEW
SECTION. Sec. 106. In
addition to other powers and restrictions on a public stadium authority, the
following apply to a public stadium authority created to develop a stadium and
exhibition center under section 105 of this act:
(1)
The public stadium authority, in consultation with the team affiliate, shall
have the authority to determine the stadium and exhibition center site;
(2)
The public stadium authority, in consultation with the team affiliate, shall
have the authority to establish the overall scope of the stadium and exhibition
center project, including, but not limited to, stadium and exhibition center
itself, associated exhibition facilities, associated parking facilities,
associated retail and office development that are part of the stadium and
exhibition center, and ancillary services and facilities;
(3)
The public stadium authority, in consultation with the team affiliate, shall
have the authority to make the final determination of the stadium and
exhibition center overall design and specification;
(4)
The public stadium authority shall have the authority to contract with a team
affiliate for the provision of architectural, engineering, environmental, and
other professional services related to the stadium and exhibition center site,
design options, required environmental studies, and necessary permits for the
stadium and exhibition center;
(5)
The public stadium authority, in consultation with the team affiliate, shall
have the authority to establish the project budget on the stadium and
exhibition center project;
(6)
The public stadium authority, in consultation with the team affiliate, shall
have the authority to make recommendations to the state finance committee
regarding the structure of the financing of the stadium and exhibition center
project;
(7)
The public stadium authority shall have the authority to enter into a
development agreement with a team affiliate whereby the team affiliate may
control the development of the stadium and exhibition center project,
consistent with subsections (1) through (6) of this section, in consideration
of which the team affiliate assumes the risk of costs of development that are
in excess of the project budget established under subsection (5) of this
section. Under the development agreement, the team affiliate shall determine
bidding specifications and requirements, and other aspects of development. Under
the development agreement, the team affiliate shall determine procurement
procedures and other aspects of development, and shall select and engage an
architect or architects and a contractor or contractors for the stadium and
exhibition center project, provided that the construction, alterations,
repairs, or improvements of the stadium and exhibition center shall be subject
to the prevailing wage requirements of chapter 39.12 RCW and all phases of the
development shall be subject to the goals established for women and
minority-business participation for the county where the stadium and exhibition
center is located. The team affiliate shall, to the extent feasible, hire
local residents and in particular residents from the areas immediately
surrounding the stadium and exhibition center during the construction and
ongoing operation of the stadium and exhibition center;
(8)
The public stadium authority shall have the authority to enter into a long-term
lease agreement with a team affiliate whereby, in consideration of the payment
of fair rent and assumption of operating and maintenance responsibilities,
risk, legal liability, and costs associated with the stadium and exhibition
center, the team affiliate becomes the sole master tenant of the stadium and exhibition
center. The master tenant lease agreement must require the team affiliate to
publicly disclose, on an annual basis, an audited profit and loss financial
statement. The team affiliate shall provide a guarantee, security, or a letter
of credit from a person or entity with a net worth in excess of one hundred
million dollars that guarantees a maximum of ten years' payments of fair rent
under the lease in the event of the bankruptcy or insolvency of the team
affiliate. The master tenant shall have the power to sublease and enter into
use, license, and concession agreements with various users of the stadium and
exhibition center including the professional football team, and the master
tenant has the right to name the stadium and exhibition center, subject to
section 107 of this act. The master tenant shall meet goals, established by
the county where the stadium and exhibition center is located, for women and
minority employment for the operation of the stadium and exhibition center.
Except as provided in subsection (10) of this section, the master tenant shall
have the right to retain revenues derived from the operation of the stadium and
exhibition center, including revenues from the sublease and uses, license and
concession agreements, revenues from suite licenses, concessions, advertising,
long-term naming rights subject to section 107 of this act, and parking
revenue. If federal law permits interest on bonds issued to finance the
stadium and exhibition center to be treated as tax exempt for federal income
tax purposes, the public stadium authority and the team affiliate shall
endeavor to structure and limit the amounts, sources, and uses of any payments
received by the state, the county, the public stadium authority, or any related
governmental entity for the use or in respect to the stadium and exhibition
center in such a manner as to permit the interest on those bonds to be tax
exempt. As used in this subsection, "fair rent" is solely intended
to cover the reasonable operating expenses of the public stadium authority and
shall be not less than eight hundred fifty thousand dollars per year with
annual increases based on the consumer price index;
(9)
Subject to section 210(2)(b)(ix) of this act, the public stadium authority may
reserve the right to discuss profit sharing from the stadium and exhibition
center from sources that have not been identified at the time the long-term
lease agreement is executed;
(10)
The master tenant may retain an amount to cover the actual cost of preparing
the stadium and exhibition center for activities involving the Olympic Games
and world cup soccer. Revenues derived from the operation of the stadium and
exhibition center for activities identified in this subsection that exceed the
master tenant's actual costs of preparing, operating, and restoring the stadium
and exhibition center must be deposited into the tourism development and
promotion account created in section 223 of this act;
(11)
The public stadium authority, in consultation with a public facilities district
that is located within the county, shall work to eliminate the use of the
stadium and exhibition center for events during the same time as events are
held in the baseball stadium as defined in RCW 82.14.0485;
(12)
The public stadium authority, in consultation with the team affiliate, must
work to secure the hosting of a Super Bowl, if the hosting requirements are
changed by the national football league or similar professional football
association;
(13)
The public stadium authority shall work with surrounding areas to mitigate the
impact of the construction and operation of the stadium and exhibition center;
(14)
The public stadium authority, in consultation with the office of financial
management, shall negotiate filming rights of the demolition of the existing
domed stadium on the stadium and exhibition center site. All revenues derived
from the filming of the demolition of the existing domed stadium shall be
deposited into the film and video promotion account created in section 222 of
this act; and
(15)
The public stadium authority shall have the authority, upon the agreement of
the team affiliate, to sell permanent seat licenses, and the team affiliate may
act as the sales agent for this purpose.
NEW
SECTION. Sec. 107.
Revenues from the sales of naming rights of a stadium and exhibition center
developed under section 105 of this act may only be used for costs associated
with capital improvements associated with modernization and maintenance of the
stadium and exhibition center. The sales of naming rights are subject to the
reasonable approval of the public stadium authority.
NEW
SECTION. Sec. 108. A
public stadium authority may accept and expend moneys that may be donated for
the purpose of a stadium and exhibition center.
NEW
SECTION. Sec. 109. (1)
The public stadium authority, the county, and the city, if any, in which the
stadium and exhibition center is to be located shall enter into one or more
agreements regarding the construction of a stadium and exhibition center. The
agreements shall address, but not be limited to:
(a)
Expedited permit processing for the design and construction of the stadium and
exhibition center project;
(b)
Expedited environmental review processing;
(c)
Expedited processing of requests for street, right of way, or easement
vacations necessary for the construction of the stadium and exhibition center
project; and
(d)
Other items deemed necessary for the design and construction of the stadium and
exhibition center project.
(2)
The county shall assemble such real property and associated personal property
as the public stadium authority and the county mutually determine to be
necessary as a site for the stadium and exhibition center. Property that is
necessary for this purpose that is owned by the county on or after the
effective date of this section shall be contributed to the authority, and
property that is necessary for this purpose that is acquired by the county on
or after the effective date of this section shall be conveyed to the
authority. Property that is encumbered by debt may be transferred by the
county to the authority, but obligation for payment of the debt may not be
transferred.
(3)
A new exhibition facility of at least three hundred twenty-five thousand square
feet, with adequate on-site parking, shall be constructed and operational
before any domed stadium in the county is demolished or rendered unusable.
Demolition of any existing structure and construction of the stadium and
exhibition center shall be reasonably executed in a manner that minimizes
impacts, including access and parking, upon existing facilities, users, and
neighborhoods. No county or city may exercise authority under any landmarks
preservation statute or ordinance in order to prevent or delay the demolition
of any existing domed stadium at the site of the stadium and exhibition center.
NEW
SECTION. Sec. 110. A
public stadium authority may acquire and transfer real and personal property by
lease, sublease, purchase, or sale.
NEW
SECTION. Sec. 111. (1)
The board of directors of the public stadium authority 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
authority and employees for travel and other business expenses incurred on
behalf of the authority. 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 authority. 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 stadium authority in establishing adequate
procedures for regulating and auditing the reimbursement of all such expenses.
(2)
The board of directors shall transmit a copy of the adopted annual operating
budget of the public stadium authority to the governor and the majority leader
and minority leader of the house of representatives and the senate. The budget
information shall include, but is not limited to a statement of income and
expenses of the public stadium authority.
NEW
SECTION. Sec. 112. The
board of directors of the public stadium authority 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 stadium authority 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. 113. Each
member of the board of directors of the public stadium authority may receive
compensation of fifty dollars per day for attending meetings or conferences on
behalf of the authority, not to exceed three thousand dollars per year. 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 stadium authority. The compensation provided in
this section is in addition to reimbursement for expenses paid to the directors
by the public stadium authority.
NEW
SECTION. Sec. 114. The
board of directors of the public stadium authority may purchase liability
insurance with such limits as the directors may deem reasonable for the purpose
of protecting and holding personally harmless authority 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. 115.
Whenever an action, claim, or proceeding is instituted against a person who is
or was an officer or employee of the public stadium authority arising out of
the performance of duties for or employment with the authority, the public
stadium authority may grant a request by the person that the attorney of the
authority's choosing be authorized to defend the claim, suit, or proceeding,
and the costs of defense, attorneys' fees, and obligation for payments arising
from the action may be paid from the authority'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 stadium authority.
NEW
SECTION. Sec. 116. The
board of directors of the public stadium authority shall have authority to
authorize the expenditure of funds for the public purposes of preparing and
distributing information to the general public about the stadium and exhibition
center.
NEW
SECTION. Sec. 117. The
public stadium authority shall have authority to create and fill positions, fix
wages and salaries, 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 stadium
authority 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. Authority coverage for the
board is not to exceed that provided public stadium authority employees.
NEW
SECTION. Sec. 118. The
public stadium authority may secure services by means of an agreement with a
service provider. The public stadium authority shall publish notice, establish
criteria, receive and evaluate proposals, and negotiate with respondents under
requirements set forth by authority resolution.
NEW
SECTION. Sec. 119. The
public stadium authority may refuse to disclose financial information on the
master tenant, concessioners, the team affiliate, or subleasee under RCW
42.17.310.
Sec.
120. RCW
42.17.310 and 1996 c 305 s 2, 1996 c 253 s 302, 1996 c 191 s 88, and 1996 c 80
s 1 are each reenacted and amended to read as follows:
(1)
The following are exempt from public inspection and copying:
(a)
Personal information in any files maintained for students in public schools,
patients or clients of public institutions or public health agencies, or
welfare recipients.
(b)
Personal information in files maintained for employees, appointees, or elected
officials of any public agency to the extent that disclosure would violate
their right to privacy.
(c)
Information required of any taxpayer in connection with the assessment or
collection of any tax if the disclosure of the information to other persons
would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the
taxpayer's right to privacy or result in unfair competitive disadvantage to the
taxpayer.
(d)
Specific intelligence information and specific investigative records compiled
by investigative, law enforcement, and penology agencies, and state agencies
vested with the responsibility to discipline members of any profession, the
nondisclosure of which is essential to effective law enforcement or for the
protection of any person's right to privacy.
(e)
Information revealing the identity of persons who are witnesses to or victims
of crime or who file complaints with investigative, law enforcement, or penology
agencies, other than the public disclosure commission, if disclosure would
endanger any person's life, physical safety, or property. If at the time a
complaint is filed the complainant, victim or witness indicates a desire for
disclosure or nondisclosure, such desire shall govern. However, all complaints
filed with the public disclosure commission about any elected official or
candidate for public office must be made in writing and signed by the
complainant under oath.
(f)
Test questions, scoring keys, and other examination data used to administer a
license, employment, or academic examination.
(g)
Except as provided by chapter 8.26 RCW, the contents of real estate appraisals,
made for or by any agency relative to the acquisition or sale of property,
until the project or prospective sale is abandoned or until such time as all of
the property has been acquired or the property to which the sale appraisal
relates is sold, but in no event shall disclosure be denied for more than three
years after the appraisal.
(h)
Valuable formulae, designs, drawings, and research data obtained by any agency
within five years of the request for disclosure when disclosure would produce
private gain and public loss.
(i)
Preliminary drafts, notes, recommendations, and intra-agency memorandums in
which opinions are expressed or policies formulated or recommended except that
a specific record shall not be exempt when publicly cited by an agency in
connection with any agency action.
(j)
Records which are relevant to a controversy to which an agency is a party but
which records would not be available to another party under the rules of
pretrial discovery for causes pending in the superior courts.
(k)
Records, maps, or other information identifying the location of archaeological
sites in order to avoid the looting or depredation of such sites.
(l)
Any library record, the primary purpose of which is to maintain control of
library materials, or to gain access to information, which discloses or could
be used to disclose the identity of a library user.
(m)
Financial information supplied by or on behalf of a person, firm, or
corporation for the purpose of qualifying to submit a bid or proposal for (i) a
ferry system construction or repair contract as required by RCW 47.60.680 through
47.60.750 or (ii) highway construction or improvement as required by RCW
47.28.070.
(n)
Railroad company contracts filed prior to July 28, 1991, with the utilities and
transportation commission under RCW 81.34.070, except that the summaries of the
contracts are open to public inspection and copying as otherwise provided by
this chapter.
(o)
Financial and commercial information and records supplied by private persons
pertaining to export services provided pursuant to chapter 43.163 RCW and
chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW
43.23.035.
(p)
Financial disclosures filed by private vocational schools under chapters 28B.85
and 28C.10 RCW.
(q)
Records filed with the utilities and transportation commission or attorney
general under RCW 80.04.095 that a court has determined are confidential under
RCW 80.04.095.
(r)
Financial and commercial information and records supplied by businesses or
individuals during application for loans or program services provided by chapters
43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic
development loans or program services provided by any local agency.
(s)
Membership lists or lists of members or owners of interests of units in
timeshare projects, subdivisions, camping resorts, condominiums, land
developments, or common-interest communities affiliated with such projects,
regulated by the department of licensing, in the files or possession of the
department.
(t)
All applications for public employment, including the names of applicants,
resumes, and other related materials submitted with respect to an applicant.
(u)
The residential addresses and residential telephone numbers of employees or
volunteers of a public agency which are held by the agency in personnel
records, employment or volunteer rosters, or mailing lists of employees or
volunteers.
(v)
The residential addresses and residential telephone numbers of the customers of
a public utility contained in the records or lists held by the public utility
of which they are customers.
(w)(i)
The federal social security number of individuals governed under chapter 18.130
RCW maintained in the files of the department of health, except this exemption
does not apply to requests made directly to the department from federal, state,
and local agencies of government, and national and state licensing,
credentialing, investigatory, disciplinary, and examination organizations; (ii)
the current residential address and current residential telephone number of a
health care provider governed under chapter 18.130 RCW maintained in the files
of the department, if the provider requests that this information be withheld
from public inspection and copying, and provides to the department an accurate
alternate or business address and business telephone number. On or after
January 1, 1995, the current residential address and residential telephone
number of a health care provider governed under RCW 18.130.140 maintained in
the files of the department shall automatically be withheld from public
inspection and copying unless the provider specifically requests the
information be released, and except as provided for under RCW 42.17.260(9).
(x)
Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y)
Information obtained by the board of pharmacy or the department of health and
its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z)
Financial information, business plans, examination reports, and any information
produced or obtained in evaluating or examining a business and industrial
development corporation organized or seeking certification under chapter 31.24
RCW.
(aa)
Financial and commercial information supplied to the state investment board by
any person when the information relates to the investment of public trust or
retirement funds and when disclosure would result in loss to such funds or in
private loss to the providers of this information.
(bb)
Financial and valuable trade information under RCW 51.36.120.
(cc)
Client records maintained by an agency that is a domestic violence program as
defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in
RCW 70.125.030.
(dd)
Information that identifies a person who, while an agency employee: (i) Seeks
advice, under an informal process established by the employing agency, in order
to ascertain his or her rights in connection with a possible unfair practice
under chapter 49.60 RCW against the person; and (ii) requests his or her
identity or any identifying information not be disclosed.
(ee)
Investigative records compiled by an employing agency conducting a current
investigation of a possible unfair practice under chapter 49.60 RCW or of a
possible violation of other federal, state, or local laws prohibiting
discrimination in employment.
(ff)
Business related information protected from public inspection and copying under
RCW 15.86.110.
(gg)
Financial, commercial, operations, and technical and research information and
data submitted to or obtained by the clean Washington center in applications
for, or delivery of, program services under chapter 70.95H RCW.
(hh)
Information and documents created specifically for, and collected and
maintained by a quality improvement committee pursuant to RCW 43.70.510,
regardless of which agency is in possession of the information and documents.
(ii)
Personal information in files maintained in a data base created under RCW
43.07.360.
(jj)
Financial and commercial information requested by the public stadium authority from
any person or organization that leases or uses the stadium and exhibition
center as defined in section 101 of this act.
(2)
Except for information described in subsection (1)(c)(i) of this section and
confidential income data exempted from public inspection pursuant to RCW
84.40.020, the exemptions of this section are inapplicable to the extent that
information, the disclosure of which would violate personal privacy or vital
governmental interests, can be deleted from the specific records sought. No exemption
may be construed to permit the nondisclosure of statistical information not
descriptive of any readily identifiable person or persons.
(3)
Inspection or copying of any specific records exempt under the provisions of
this section may be permitted if the superior court in the county in which the
record is maintained finds, after a hearing with notice thereof to every person
in interest and the agency, that the exemption of such records is clearly
unnecessary to protect any individual's right of privacy or any vital
governmental function.
(4)
Agency responses refusing, in whole or in part, inspection of any public record
shall include a statement of the specific exemption authorizing the withholding
of the record (or part) and a brief explanation of how the exemption applies to
the record withheld.
PART
II
FINANCING
NEW
SECTION. Sec. 201. (1)
The governing board of a public stadium authority may apply for deferral of
taxes on the construction of buildings, site preparation, and the acquisition
of related machinery and equipment for a stadium and exhibition center.
Application shall be made to the department of revenue in a form and manner
prescribed by the department of revenue. The application shall contain information
regarding the location of the stadium and exhibition center, estimated or
actual costs, time schedules for completion and operation, and other
information required by the department of revenue. The department of revenue
shall approve the application within sixty days if it meets the requirements of
this section.
(2)
The department of revenue shall issue a sales and use tax deferral certificate
for state and local sales and use taxes due under chapters 82.08, 82.12, and
82.14 RCW on the public facility.
(3)
The public stadium authority shall begin paying the deferred taxes in the fifth
year after the date certified by the department of revenue as the date on which
the stadium and exhibition center is operationally complete. The first payment
is due on December 31st of the fifth calendar year after such certified date,
with subsequent annual payments due on December 31st of the following nine
years. Each payment shall equal ten percent of the deferred tax.
(4)
The department of revenue may authorize an accelerated repayment schedule upon
request of the public stadium authority.
(5)
Interest shall not be charged on any taxes deferred under this section for the
period of deferral, although all other penalties and interest applicable to
delinquent excise taxes may be assessed and imposed for delinquent payments
under this section. The debt for deferred taxes is not extinguished by
insolvency or other failure of the public stadium authority.
(6)
The repayment of deferred taxes and interest, if any, shall be deposited into
the stadium and exhibition center account created in section 214 of this act
and used to retire bonds issued under section 210 of this act to finance the
construction of the stadium and exhibition center.
(7)
Applications and any other information received by the department of revenue
under this section are not confidential and are subject to disclosure. Chapter
82.32 RCW applies to the administration of this section.
Sec.
202. RCW
82.29A.130 and 1995 3rd sp.s. c 1 s 307 are each amended to read as follows:
The
following leasehold interests shall be exempt from taxes imposed pursuant to
RCW 82.29A.030 and 82.29A.040:
(1)
All leasehold interests constituting a part of the operating properties of any
public utility which is assessed and taxed as a public utility pursuant to
chapter 84.12 RCW.
(2)
All leasehold interests in facilities owned or used by a school, college or
university which leasehold provides housing for students and which is otherwise
exempt from taxation under provisions of RCW 84.36.010 and 84.36.050.
(3)
All leasehold interests of subsidized housing where the fee ownership of such
property is vested in the government of the United States, or the state of
Washington or any political subdivision thereof but only if income
qualification exists for such housing.
(4)
All leasehold interests used for fair purposes of a nonprofit fair association
that sponsors or conducts a fair or fairs which receive support from revenues
collected pursuant to RCW 67.16.100 and allocated by the director of the
department of agriculture where the fee ownership of such property is vested in
the government of the United States, the state of Washington or any of its
political subdivisions: PROVIDED, That this exemption shall not apply to the
leasehold interest of any sublessee of such nonprofit fair association if such
leasehold interest would be taxable if it were the primary lease.
(5)
All leasehold interests in any property of any public entity used as a
residence by an employee of that public entity who is required as a condition
of employment to live in the publicly owned property.
(6)
All leasehold interests held by enrolled Indians of lands owned or held by any
Indian or Indian tribe where the fee ownership of such property is vested in or
held in trust by the United States and which are not subleased to other than to
a lessee which would qualify pursuant to this chapter, RCW 84.36.451 and
84.40.175.
(7)
All leasehold interests in any real property of any Indian or Indian tribe,
band, or community that is held in trust by the United States or is subject to
a restriction against alienation imposed by the United States: PROVIDED, That
this exemption shall apply only where it is determined that contract rent paid
is greater than or equal to ninety percent of fair market rental, to be
determined by the department of revenue using the same criteria used to
establish taxable rent in RCW 82.29A.020(2)(b).
(8)
All leasehold interests for which annual taxable rent is less than two hundred
fifty dollars per year. For purposes of this subsection leasehold interests
held by the same lessee in contiguous properties owned by the same lessor shall
be deemed a single leasehold interest.
(9)
All leasehold interests which give use or possession of the leased property for
a continuous period of less than thirty days: PROVIDED, That for purposes of
this subsection, successive leases or lease renewals giving substantially
continuous use of possession of the same property to the same lessee shall be
deemed a single leasehold interest: PROVIDED FURTHER, That no leasehold
interest shall be deemed to give use or possession for a period of less than
thirty days solely by virtue of the reservation by the public lessor of the
right to use the property or to allow third parties to use the property on an
occasional, temporary basis.
(10)
All leasehold interests under month-to-month leases in residential units rented
for residential purposes of the lessee pending destruction or removal for the
purpose of constructing a public highway or building.
(11)
All leasehold interests in any publicly owned real or personal property to the
extent such leasehold interests arises solely by virtue of a contract for
public improvements or work executed under the public works statutes of this
state or of the United States between the public owner of the property and a
contractor.
(12)
All leasehold interests that give use or possession of state adult correctional
facilities for the purposes of operating correctional industries under RCW
72.09.100.
(13)
All leasehold interests used to provide organized and supervised recreational
activities for disabled persons of all ages in a camp facility and for public
recreational purposes by a nonprofit organization, association, or corporation
that would be exempt from property tax under RCW 84.36.030(1) if it owned the
property. If the publicly owned property is used for any taxable purpose, the
leasehold excise taxes set forth in RCW 82.29A.030 and 82.29A.040 shall be
imposed and shall be apportioned accordingly.
(14)
All leasehold interests in the public or entertainment areas of a baseball
stadium with natural turf and a retractable roof or canopy that is in a county with
a population of over one million, that has a seating capacity of over forty
thousand, and that is constructed on or after January 1, 1995. "Public or
entertainment areas" include ticket sales areas, ramps and stairs, lobbies
and concourses, parking areas, concession areas, restaurants, hospitality and
stadium club areas, kitchens or other work areas primarily servicing other
public or entertainment areas, public rest room areas, press and media areas,
control booths, broadcast and production areas, retail sales areas, museum and
exhibit areas, scoreboards or other public displays, storage areas, loading,
staging, and servicing areas, seating areas and suites, the playing field, and
any other areas to which the public has access or which are used for the
production of the entertainment event or other public usage, and any other
personal property used for these purposes. "Public or entertainment
areas" does not include locker rooms or private offices exclusively used
by the lessee.
(15)
All leasehold interests in the public or entertainment areas of a stadium and
exhibition center, as defined in section 101 of this act, that is constructed
on or after January 1, 1998. For the purposes of this subsection, "public
or entertainment areas" has the same meaning as in subsection (14) of this
section, and includes exhibition areas.
NEW
SECTION. Sec. 203. A
new section is added to chapter 82.08 RCW to read as follows:
The
tax levied by RCW 82.08.020 does not apply to vehicle parking charges that are
subject to tax under section 302 of this act.
NEW
SECTION. Sec. 204. A
new section is added to chapter 82.14 RCW to read as follows:
(1)
The legislative authority of a county that has created a public stadium
authority to develop a stadium and exhibition center under section 105 of this
act may impose a sales and use tax in accordance with this chapter. The tax is
in addition to 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 county. The rate of tax shall
be 0.016 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.
(2)
The tax imposed under subsection (1) of this section shall be deducted from the
amount of tax otherwise required to be collected or paid over to the department
of revenue under chapter 82.08 or 82.12 RCW. The department of revenue shall
perform the collection of such taxes on behalf of the county at no cost to the
county.
(3)
Before the issuance of bonds in section 210 of this act, all revenues collected
on behalf of the county under this section shall be transferred to the public
stadium authority. After bonds are issued under section 210 of this act, all
revenues collected on behalf of the county under this section shall be
deposited in the stadium and exhibition center account under section 214 of
this act.
(4)
The definitions in section 101 of this act apply to this section.
(5)
This section expires on the earliest of the following dates:
(a)
December 31, 1999, if the conditions for issuance of bonds under section 210 of
this act have not been met before that date;
(b)
The date on which all bonds issued under section 210 of this act have been
retired; or
(c)
Twenty-three years after the date the tax under this section is first imposed.
NEW
SECTION. Sec. 205. A
new section is added to chapter 67.70 RCW to read as follows:
The
lottery commission shall conduct new games that are in addition to any games
conducted under RCW 67.70.042 and are intended to generate additional moneys
sufficient to cover the distributions under RCW 67.70.240(5). No game may be
conducted under this section before January 1, 1998. No game may be conducted
under this section after December 31, 1999, unless the conditions for issuance
of the bonds under section 210(2) of this act are met, and no game is required
to be conducted after the distributions cease under RCW 67.70.240(5).
For
the purposes of this section, the lottery may accept and market prize
promotions provided in conjunction with private-sector marketing efforts.
Sec.
206. RCW
67.70.240 and 1995 3rd sp.s. c 1 s 105 are each amended to read as follows:
The
moneys in the state lottery account shall be used only:
(1)
For the payment of prizes to the holders of winning lottery tickets or shares;
(2)
For purposes of making deposits into the reserve account created by RCW
67.70.250 and into the lottery administrative account created by RCW 67.70.260;
(3)
For purposes of making deposits into the state's general fund;
(4)
((for purposes of making deposits into the housing trust fund under the
provisions of section 7 of this 1987 act; (5))) For distribution to
a county for the purpose of paying the principal and interest payments on bonds
issued by the county to construct a baseball stadium, as defined in RCW
82.14.0485, including reasonably necessary preconstruction costs((; (6) for
the purchase and promotion of lottery games and game-related services; and (7)
for the payment of agent compensation)). Three million dollars shall be
distributed under this subsection (((5) of this section)) during
calendar year 1996. During subsequent years, such distributions shall equal
the prior year's distributions increased by four percent. Distributions under this
subsection (((5) of this section)) shall cease when the bonds issued for
the construction of the baseball stadium are retired, but not more than twenty
years after the tax under RCW 82.14.0485 is first imposed;
(5)
For distribution to the stadium and exhibition center account, created in
section 214 of this act. Subject to the conditions of section 215 of this act,
six million dollars shall be distributed under this subsection during the
calendar year 1998. During subsequent years, such distribution shall equal the
prior year's distributions increased by four percent. No distribution may be
made under this subsection after December 31, 1999, unless the conditions for
issuance of the bonds under section 210(2) of this act are met. Distributions
under this subsection shall cease when the bonds are retired, but not later
than December 31, 2020;
(6)
For the purchase and promotion of lottery games and game-related services; and
(7)
For the payment of agent compensation.
The
office of financial management shall require the allotment of all expenses paid
from the account and shall report to the ways and means committees of the
senate and house of representatives any changes in the allotments.
Sec.
207. RCW
67.70.042 and 1995 3rd sp.s. c 1 s 104 are each amended to read as follows:
The
lottery commission shall conduct at least two but not more than four scratch
games with sports themes per year. These games are intended to generate
additional moneys sufficient to cover the distributions under RCW 67.70.240(((5)))
(4).
NEW
SECTION. Sec. 208. A
new section is added to chapter 67.70 RCW to read as follows:
The
person or entity responsible for operating a stadium and exhibition center as
defined in section 101 of this act shall promote the lottery with any
combination of in-kind advertising, sponsorship, or prize promotions, valued at
one million dollars annually beginning January 1998 and increased by four
percent each year thereafter for the purpose of increasing lottery sales of
games authorized under section 205 of this act. The content and value of the
advertising sponsorship or prize promotions are subject to reasonable approval
in advance by the lottery commission. The obligation of this section shall
cease when the distributions under RCW 67.70.240(5) end, but not later than
December 31, 2020.
NEW
SECTION. Sec. 209. The
definitions in section 101 of this act apply to this chapter.
NEW
SECTION. Sec. 210. (1)
For the purpose of providing funds to pay for operation of the public stadium
authority created under section 102 of this act, to pay for the
preconstruction, site acquisition, design, site preparation, construction,
owning, leasing, and equipping of the stadium and exhibition center, and to
reimburse the county or the public stadium authority for its direct or indirect
expenditures or to repay other indebtedness incurred for these purposes, the
state finance committee is authorized to issue general obligation bonds of the
state of Washington in the sum of three hundred million dollars, or so much
thereof as may be required, for these purposes and all costs incidental
thereto. Bonds authorized in this section may be sold at such price as the
state finance committee shall determine.
(2)
Bonds shall not be issued under this section unless the public stadium
authority has certified to the director of financial management that:
(a)
A professional football team has made a binding and legally enforceable
contractual commitment to play all of its regular season and playoff home games
in the stadium and exhibition center, other than games scheduled elsewhere by
the league, for a period of time not shorter than the term of the bonds issued
or to be issued to finance the initial construction of the stadium and
exhibition center;
(b)
A team affiliate has entered into one or more binding and legally enforceable
contractual commitments with a public stadium authority under section 105 of
this act that provide that:
(i)
The team affiliate assumes the risks of cost overruns;
(ii)
The team affiliate shall raise at least one hundred million dollars, less the
amount, if any, raised by the public stadium authority under section 106(15) of
this act. The total one hundred million dollars raised, which may include cash
payments and in-kind contributions, but does not include any interest earned on
the escrow account described in section 211 of this act, shall be applied toward
the reasonably necessary preconstruction, site acquisition, design, site
preparation, construction, and equipping of the stadium and exhibition center,
or to any associated public purpose separate from bond-financed expenses. No
part of the payment may be made without the consent of the public stadium
authority. In any event, all amounts to be raised by the team affiliate under
(b)(ii) of this subsection shall be paid or expended before the completion of
the construction of the stadium and exhibition center. To the extent possible,
contributions shall be structured in a manner that would allow for the issuance
of bonds to construct the stadium and exhibition center that are exempt from
federal income taxes;
(iii)
The team affiliate shall deposit at least ten million dollars into the youth
athletic facility grant account created in section 214 of this act upon
execution of the lease and development agreements in section 106 (7) and (8) of
this act;
(iv)
At least ten percent of the seats in the stadium for home games of the
professional football team shall be for sale at an affordable price. For the
purposes of this subsection, "affordable price" means that the price
is the average of the lowest ticket prices charged by all other national football
league teams;
(v)
One executive suite with a minimum of twenty seats must be made available, on a
lottery basis, as a free upgrade, at home games of the professional football
team, to purchasers of tickets that are not located in executive suites or club
seat areas;
(vi)
A nonparticipatory interest in the professional football team has been granted
to the state beginning on the date on which bonds are issued under this section
which only entitles the state to receive ten percent of the gross selling price
of the interest in the team that is sold if a majority interest or more of the
professional football team is sold within twenty-five years of the date on
which bonds are issued under the section. The ten percent shall apply to all
preceding sales of interests in the team which comprise the majority interest
sold. This provision shall apply only to the first sale of such a majority
interest. The ten percent must be deposited in the permanent common school
fund. If the debt is retired at the time of the sale, then the ten percent may
only be used for costs associated with capital maintenance, capital
improvements, renovations, reequipping, replacement, and operations of the
stadium and exhibition center;
(vii)
The team affiliate must provide reasonable office space to the public stadium
authority without charge;
(viii)
The team affiliate, in consultation with the public stadium authority, shall
work with surrounding areas to mitigate the impact of the construction and
operation of the stadium and exhibition center with a budget of at least ten
million dollars dedicated to area mitigation. For purposes of this subsection,
"mitigation" includes, but is not limited to, parking facilities and
amenities, neighborhood beautification projects and landscaping, financial
grants for neighborhood programs intended to mitigate adverse impacts caused by
the construction and operation of the stadium and exhibition center, and
mitigation measures identified in the environmental impact statement required
for the stadium and exhibition center under chapter 43.21C RCW; and
(ix)
Twenty percent of the net profit from the operation of the exhibition facility
of the stadium and exhibition center shall be deposited into the permanent
common school fund. Profits shall be verified by the public stadium authority.
NEW
SECTION. Sec. 211. On or
before August 1, 1997: (1) The state treasurer and a team affiliate or an
entity that has an option to become a team affiliate shall enter into an escrow
agreement creating an escrow account; and (2) the team affiliate or the entity
that has an option to become a team affiliate shall deposit the sum of fifty
million dollars into the escrow account as a credit against the obligation of
the team affiliate in section 210(2)(b)(ii) of this act. The escrow
agreement shall provide that the fifty million dollar deposit shall be invested
by the state treasurer and shall earn interest. If the stadium and exhibition
center project proceeds, then the interest on amounts in the escrow account
shall be for the benefit of the state, and all amounts in the escrow account,
including all principal and interest, shall be distributed to the stadium and
exhibition center account. The escrow agreement shall provide for appropriate
adjustments based on amounts previously and subsequently raised by the team
affiliate under section 210(2)(b)(ii) of this act and amounts previously and
subsequently raised by the public stadium authority under section 106(15) of
this act. If the stadium and exhibition center project does not proceed, all
principal and the interest in the escrow account shall be distributed to the
team affiliate or the entity that has an option to become a team affiliate.
NEW
SECTION. Sec. 212. The
proceeds from the sale of the bonds authorized in section 210 of this act shall
be deposited in the stadium and exhibition center construction account, hereby
created in the custody of the state treasurer, and shall be used exclusively
for the purposes specified in section 210 of this act and for the payment of
expenses incurred in the issuance and sale of the bonds. These proceeds shall
be administered by the office of financial management. Only the director of
the office of financial management or the director's designee may authorize
expenditures from the account. The account is subject to the allotment
procedures under chapter 43.88 RCW, but an appropriation is not required for
expenditures. At the direction of the office of financial management the state
treasurer shall transfer moneys from the stadium and exhibition center
construction account to the public stadium authority created in section 102 of
this act as required by the public stadium authority.
NEW
SECTION. Sec. 213. The
nondebt-limit reimbursable bond retirement account shall be used for the
payment of the principal of and interest on the bonds authorized in section 210
of this act.
The
state finance committee shall, on or before June 30th of each year, certify to
the state treasurer the amount needed in the ensuing twelve months to meet the
bond retirement and interest requirements. On each date on which any interest
or principal and interest payment is due, the state treasurer shall transfer
from the stadium and exhibition center account to the nondebt-limit
reimbursable bond retirement account an amount equal to the amount certified by
the state finance committee to be due on the payment date.
Bonds
issued under section 210 of this act shall state that they are a general
obligation of the state of Washington, shall pledge the full faith and credit
of the state to the payment of the principal thereof and the interest thereon,
and shall contain an unconditional promise to pay the principal and interest as
the same shall become due. If in any year the amount accumulated in the
stadium and exhibition center account is insufficient for payment of the
principal and interest on the bonds issued under section 210 of this act, the
amount of the insufficiency shall be a continuing obligation against the
stadium and exhibition center account until paid.
The
owner and holder of each of the bonds or the trustee for the owner and holder
of any of the bonds may by mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
NEW
SECTION. Sec. 214. (1)
The stadium and exhibition center account is created in the custody of the
state treasurer. All receipts from the taxes imposed under section 204 of this
act and distributions under RCW 67.70.240(5) shall be deposited into the
account. Only the director of the office of financial management or the
director's designee may authorize expenditures from the account. The account
is subject to allotment procedures under chapter 43.88 RCW. An appropriation
is not required for expenditures from this account.
(2)
Until bonds are issued under section 210 of this act, up to five million
dollars per year beginning January 1, 1999, shall be used for the purposes of
subsection (3)(b) of this section, all remaining moneys in the account shall be
transferred to the public stadium authority, created under section 102 of this
act, to be used for public stadium authority operations and development of the
stadium and exhibition center.
(3)
After bonds are issued under section 210 of this act, all moneys in the stadium
and exhibition center account shall be used exclusively for the following
purposes in the following priority:
(a)
On or before June 30th of each year, the office of financial management shall
accumulate in the stadium and exhibition center account an amount at least
equal to the amount required in the next succeeding twelve months for the
payment of principal of and interest on the bonds issued under section 210 of
this act;
(b)
An additional reserve amount not in excess of the expected average annual principal
and interest requirements of bonds issued under section 210 of this act shall
be accumulated and maintained in the account, subject to withdrawal by the
state treasurer at any time if necessary to meet the requirements of (a) of
this subsection, and, following any withdrawal, reaccumulated from the first
tax revenues and other amounts deposited in the account after meeting the
requirements of (a) of this subsection; and
(c)
The balance, if any, shall be transferred to the youth athletic facility grant
account under subsection (4) of this section.
Any
revenues derived from the taxes authorized by RCW 36.38.010(5) and section 302
of this act or other amounts that if used as provided under (a) and (b) of this
subsection would cause the loss of any tax exemption under federal law for
interest on bonds issued under section 210 of this act shall be deposited in
and used exclusively for the purposes of the youth athletic facility grant
account and shall not be used, directly or indirectly, as a source of payment
of principal of or interest on bonds issued under section 210 of this act, or
to replace or reimburse other funds used for that purpose.
(4)
Any moneys in the stadium and exhibition center account not required or
permitted to be used for the purposes described in subsection (3)(a) and (b) of
this section shall be deposited in the youth athletic facility grant account
hereby created in the state treasury. Expenditures from the account may be
used only for purposes of grants to cities, counties, and qualified nonprofit
organizations for youth athletic facilities. Only the director of the
interagency committee for outdoor recreation or the director's designee may
authorize expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but an appropriation is not required for
expenditures. The athletic facility grants may be used for acquiring,
developing, equipping, maintaining, and improving youth or community athletic
facilities. Funds shall be divided equally between the development of new
athletic facilities, the improvement of existing athletic facilities, and the
maintenance of existing athletic facilities. Cities, counties, and qualified
nonprofit organizations must submit proposals for grants from the account. To
the extent that funds are available, cities, counties, and qualified nonprofit
organizations must meet eligibility criteria as established by the director of
the interagency committee for outdoor recreation. The grants shall be awarded
on a competitive application process and the amount of the grant shall be in
proportion to the population of the city or county for where the youth athletic
facility is located. Grants awarded in any one year need not be distributed in
that year. The director of the interagency committee for outdoor recreation
may expend up to one and one-half percent of the moneys deposited in the
account created in this subsection for administrative purposes.
NEW
SECTION. Sec. 215. Unless
the office of financial management certifies by December 31, 1997, that the
following conditions have been met, sections 201 through 208 of this act are
null and void:
(1)
The professional football team that will use the stadium and exhibition center
is at least majority-owned and controlled by, directly or indirectly, one or
more persons who are each residents of the state of Washington and who have
been residents of the state of Washington continuously since at least January
1, 1993;
(2)
The county in which the stadium and exhibition center is to be constructed has
created a public stadium authority under this chapter to acquire property,
construct, own, remodel, maintain, equip, reequip, repair, and operate a
stadium and exhibition center;
(3)
The county in which the stadium and exhibition center is to be constructed has
enacted the taxes authorized in RCW 36.38.010(5) and section 302 of this act;
and
(4)
The county in which the stadium and exhibition center is to be constructed
pledges to maintain and continue the taxes authorized in RCW 36.38.010(5),
67.28.180, and section 302 of this act until the bonds authorized in section
210 of this act are fully redeemed, both principal and interest.
NEW
SECTION. Sec. 216. The
legislature may provide additional means for raising moneys for the payment of
the principal of and interest on the bonds authorized in section 210 of this
act, and section 213 of this act shall not be deemed to provide an exclusive
method for the payment.
NEW
SECTION. Sec. 217. The
bonds authorized in section 210 of this act shall be a legal investment for all
state funds or funds under state control and for all funds of any other public
body.
NEW
SECTION. Sec. 218. (1)
The total public share of a stadium and exhibition center shall not exceed
three hundred million dollars. For the purposes of this section, "total
public share" means all state and local funds expended for preconstruction
and construction costs of the stadium and exhibition center, including proceeds
of any bonds issued for the purposes of the stadium and exhibition center, tax
revenues, and interest earned on the escrow account described in section 211 of
this act and not including expenditures for deferred sales taxes.
(2)
Sections 201 through 207, chapter . . ., Laws of 1997 (sections 201
through 207 of this act) and this chapter constitute the entire state
contribution for a stadium and exhibition center. The state will not make any
additional contributions based on revised cost or revenue estimates, cost
overruns, unforeseen circumstances, or any other reason.
NEW
SECTION. Sec. 219. The
bonds authorized for the purposes identified in section 210 of this act are
exempt from the statutory limitations of indebtedness under RCW 39.42.060.
Sec.
220. RCW
39.42.060 and 1993 c 52 s 1 are each amended to read as follows:
No
bonds, notes, or other evidences of indebtedness for borrowed money shall be
issued by the state which will cause the aggregate debt contracted by the state
to exceed that amount for which payments of principal and interest in any
fiscal year would require the state to expend more than seven percent of the
arithmetic mean of its general state revenues, as defined in section 1(c) of
Article VIII of the Washington state Constitution for the three immediately
preceding fiscal years as certified by the treasurer in accordance with RCW
39.42.070. It shall be the duty of the state finance committee to compute
annually the amount required to pay principal of and interest on outstanding
debt. In making such computation, the state finance committee shall include
all borrowed money represented by bonds, notes, or other evidences of
indebtedness which are secured by the full faith and credit of the state or are
required to be paid, directly or indirectly, from general state revenues and
which are incurred by the state, any department, authority, public corporation
or quasi public corporation of the state, any state university or college, or
any other public agency created by the state but not by counties, cities,
towns, school districts, or other municipal corporations, and shall include
debt incurred pursuant to section 3 of Article VIII of the Washington state
Constitution, but shall exclude the following:
(1)
Obligations for the payment of current expenses of state government;
(2)
Indebtedness incurred pursuant to RCW 39.42.080 or 39.42.090;
(3)
Principal of and interest on bond anticipation notes;
(4)
Any indebtedness which has been refunded;
(5)
Financing contracts entered into under chapter 39.94 RCW;
(6)
Indebtedness authorized or incurred before July 1, 1993, pursuant to statute
which requires that the state treasury be reimbursed, in the amount of the
principal of and the interest on such indebtedness, from money other than
general state revenues or from the special excise tax imposed pursuant to
chapter 67.40 RCW;
(7)
Indebtedness authorized and incurred after July 1, 1993, pursuant to statute
that requires that the state treasury be reimbursed, in the amount of the
principal of and the interest on such indebtedness, from (a) moneys outside the
state treasury, except higher education operating fees, (b) higher education
building fees, (c) indirect costs recovered from federal grants and contracts,
and (d) fees and charges associated with hospitals operated or managed by
institutions of higher education; ((and))
(8)
Any agreement, promissory note, or other instrument entered into by the state
finance committee under RCW 39.42.030 in connection with its acquisition of
bond insurance, letters of credit, or other credit support instruments for the
purpose of guaranteeing the payment or enhancing the marketability, or both, of
any state bonds, notes, or other evidence of indebtedness; and
(9)
Indebtedness incurred for the purposes identified in section 210 of this act.
To
the extent necessary because of the constitutional or statutory debt
limitation, priorities with respect to the issuance or guaranteeing of bonds,
notes, or other evidences of indebtedness by the state shall be determined by
the state finance committee.
Sec.
221. RCW
43.79A.040 and 1996 c 253 s 409 are each amended to read as follows:
(1)
Money in the treasurer's trust fund may be deposited, invested and reinvested
by the state treasurer in accordance with RCW 43.84.080 in the same manner and
to the same extent as if the money were in the state treasury.
(2)
All income received from investment of the treasurer's trust fund shall be set
aside in an account in the treasury trust fund to be known as the investment
income account.
(3)
The investment income account may be utilized for the payment of purchased
banking services on behalf of treasurer's trust funds including, but not
limited to, depository, safekeeping, and disbursement functions for the state
treasurer or affected state agencies. The investment income account is subject
in all respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to distribution
of earnings set forth in subsection (4) of this section.
(4)(a)
Monthly, the state treasurer shall distribute the earnings credited to the
investment income account to the state general fund except under (b) and (c) of
this subsection.
(b)
The following accounts and funds shall receive their proportionate share of
earnings based upon each account's or fund's average daily balance for the
period: The agricultural local fund, the American Indian scholarship endowment
fund, the Washington international exchange scholarship endowment fund, the
energy account, the fair fund, the game farm alternative account, the grain
inspection revolving fund, the rural rehabilitation account, the stadium and
exhibition center account, the youth athletic facility grant account, and
the self-insurance revolving fund. However, the earnings to be distributed
shall first be reduced by the allocation to the state treasurer's service fund
pursuant to RCW 43.08.190.
(c)
The following accounts and funds shall receive eighty percent of their
proportionate share of earnings based upon each account's or fund's average
daily balance for the period: The advanced right of way revolving fund, the
federal narcotics asset forfeitures account, the high occupancy vehicle
account, and the local rail service assistance account.
(5)
In conformance with Article II, section 37 of the state Constitution, no trust
accounts or funds shall be allocated earnings without the specific affirmative
directive of this section.
NEW
SECTION. Sec. 222. A
new section is added to chapter 43.330 RCW to read as follows:
The
film and video promotion account is created in the state treasury. All
receipts from section 106(14) of this act must be deposited into the account.
Moneys in the account may be spent only after appropriation. Expenditures from
the account may be used by the department of community, trade, and economic
development only for the purposes of promotion of the film and video production
industry in the state of Washington.
NEW
SECTION. Sec. 223. A
new section is added to chapter 43.330 RCW to read as follows:
The
tourism development and promotion account is created in the state treasury.
All receipts from section 106(10) of this act must be deposited into the
account. Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used by the department of community,
trade, and economic development only for the purposes of promotion of the
tourism industry in the state of Washington.
PART
III
LOCAL
CONTRIBUTION
Sec.
301. RCW
36.38.010 and 1995 3rd sp.s. c 1 s 203 are each amended to read as follows:
(1)
Any county may by ordinance enacted by its county legislative authority, levy
and fix a tax of not more than one cent on twenty cents or fraction thereof to be
paid for county purposes by persons who pay an admission charge to any place,
including a tax on persons who are admitted free of charge or at reduced rates
to any place for which other persons pay a charge or a regular higher charge
for the same or similar privileges or accommodations; and require that one who
receives any admission charge to any place shall collect and remit the tax to
the county treasurer of the county: PROVIDED, No county shall impose such tax
on persons paying an admission to any activity of any elementary or secondary
school.
(2)
As used in this chapter, the term "admission charge" includes a
charge made for season tickets or subscriptions, a cover charge, or a charge
made for use of seats and tables, reserved or otherwise, and other similar
accommodations; a charge made for food and refreshments in any place where any
free entertainment, recreation, or amusement is provided; a charge made for
rental or use of equipment or facilities for purpose of recreation or
amusement, and where the rental of the equipment or facilities is necessary to
the enjoyment of a privilege for which a general admission is charged, the
combined charges shall be considered as the admission charge. It shall also
include any automobile parking charge where the amount of such charge is
determined according to the number of passengers in any automobile.
(3)
Subject to subsections (4) and (5) of this section, the tax herein
authorized shall not be exclusive and shall not prevent any city or town within
the taxing county, when authorized by law, from imposing within its corporate
limits a tax of the same or similar kind: PROVIDED, That whenever the same or
similar kind of tax is imposed by any such city or town, no such tax shall be
levied within the corporate limits of such city or town by the county((,
except that)).
(4)
Notwithstanding subsection (3) of this section, the legislative authority
of a county with a population of one million or more may exclusively levy taxes
on events in baseball stadiums constructed on or after January 1, 1995,
that are owned by a public facilities district under chapter 36.100 RCW and
that have seating capacities over forty thousand at the rates of:
(a)
Not more than one cent on twenty cents or fraction thereof, to be used for the
purpose of paying the principal and interest payments on bonds issued by a
county to construct a baseball stadium as defined in RCW 82.14.0485. If the
revenue from the tax exceeds the amount needed for that purpose, the excess
shall be placed in a contingency fund which may only be used to pay
unanticipated capital costs on the baseball stadium, excluding any cost
overruns on initial construction; and
(b)
Not more than one cent on twenty cents or fraction thereof, to be used for the
purpose of paying the principal and interest payments on bonds issued by a
county to construct a baseball stadium as defined in RCW 82.14.0485. The tax
imposed under this subsection (((3))) (4)(b) shall expire when
the bonds issued for the construction of the baseball stadium are retired, but
not later than twenty years after the tax is first collected.
(5)
Notwithstanding subsection (3) of this section, the legislative authority of a
county that has created a public stadium authority to develop a stadium and
exhibition center under section 105 of this act may levy and fix a tax on
charges for admission to events in a stadium and exhibition center, as defined
in section 101 of this act, constructed in the county on or after January 1,
1998, that is owned by a public stadium authority under chapter 36.-- RCW
(sections 101 through 119 and 201 of this act). The tax shall be exclusive and
shall preclude the city or town within which the stadium and exhibition center
is located from imposing a tax of the same or similar kind on charges for
admission to events in the stadium and exhibition center, and shall preclude
the imposition of a general county admissions tax on charges for admission to
events in the stadium and exhibition center. For the purposes of this
subsection, "charges for admission to events" means only the actual
admission charge, exclusive of taxes and service charges and the value of any
other benefit conferred by the admission. The tax authorized under this
subsection shall be at the rate of not more than one cent on ten cents or
fraction thereof. Revenues collected under this subsection shall be deposited
in the stadium and exhibition center account under section 214 of this act until
the bonds issued under section 210 of this act for the construction of the
stadium and exhibition center are retired. After the bonds issued for the
construction of the stadium and exhibition center are retired, the tax
authorized under this section shall be used exclusively to fund repair,
reequipping, and capital improvement of the stadium and exhibition center. The
tax under this subsection may be levied upon the first use of any part of the
stadium and exhibition center but shall not be collected at any facility
already in operation as of the effective date of this section.
NEW
SECTION. Sec. 302. A
new section is added to chapter 36.38 RCW to read as follows:
The
legislative authority of a county that has created a public stadium authority
to develop a stadium and exhibition center under section 105 of this act may
levy and fix a tax on any vehicle parking charges imposed at any parking
facility that is part of a stadium and exhibition center, as defined in section
101 of this act. The tax shall be exclusive and shall preclude the city or
town within which the stadium and exhibition center is located from imposing
within its corporate limits a tax of the same or similar kind on any vehicle
parking charges imposed at any parking facility that is part of a stadium and
exhibition center. For the purposes of this section, "vehicle parking
charges" means only the actual parking charges exclusive of taxes and
service charges and the value of any other benefit conferred. The tax
authorized under this section shall be at the rate of not more than ten
percent. Revenues collected under this section shall be deposited in the
stadium and exhibition center account under section 214 of this act until the
bonds issued under section 210 of this act for the construction of the stadium
and exhibition center are retired. After the bonds issued for the construction
of the stadium and exhibition center are retired, the tax authorized under this
section shall be used exclusively to fund repair, reequipping, and capital
improvement of the stadium and exhibition center. The tax under this section
may be levied upon the first use of any part of the stadium and exhibition
center but shall not be collected at any facility already in operation as of
the effective date of this section.
PART
IV
PUBLIC
WORKS PROVISIONS
Sec.
401. RCW
36.32.235 and 1996 c 219 s 2 are each amended to read as follows:
(1)
In each county with a population of one million or more which by resolution
establishes a county purchasing department, the purchasing department shall
enter into leases of personal property on a competitive basis and purchase all
supplies, materials, and equipment on a competitive basis, for all departments
of the county, as provided in this chapter and chapter 39.04 RCW, except that
the county purchasing department is not required to make purchases that are
paid from the county road fund or equipment rental and revolving fund.
(2)
As used in this section, "public works" has the same definition as in
RCW 39.04.010.
(3)
Except as otherwise specified in this chapter or in chapter 36.77 RCW, all
counties subject to these provisions shall contract on a competitive basis for
all public works after bids have been submitted to the county upon
specifications therefor. Such specifications shall be in writing and shall be
filed with the clerk of the county legislative authority for public inspection.
(4)
An advertisement shall be published in the county official newspaper stating
the time and place where bids will be opened, the time after which bids will
not be received, the character of the work to be done, the materials and
equipment to be furnished, and that specifications therefor may be seen at the
office of the clerk of the county legislative authority. An advertisement
shall also be published in a legal newspaper of general circulation in or as
near as possible to that part of the county in which such work is to be done.
If the county official newspaper is a newspaper of general circulation covering
at least forty percent of the residences in that part of the county in which
such public works are to be done, then the publication of an advertisement of
the applicable specifications in the county official newspaper is sufficient.
Such advertisements shall be published at least once at least thirteen days
prior to the last date upon which bids will be received.
(5)
The bids shall be in writing, shall be filed with the clerk, shall be opened
and read in public at the time and place named therefor in the advertisements,
and after being opened, shall be filed for public inspection. No bid may be
considered for public work unless it is accompanied by a bid deposit in the
form of a surety bond, postal money order, cash, cashier's check, or certified
check in an amount equal to five percent of the amount of the bid proposed.
(6)
The contract for the public work shall be awarded to the lowest responsible
bidder. Any or all bids may be rejected for good cause. The county legislative
authority shall require from the successful bidder for such public work a
contractor's bond in the amount and with the conditions imposed by law.
(7)
If the bidder to whom the contract is awarded fails to enter into the contract
and furnish the contractor's bond as required within ten days after notice of
the award, exclusive of the day of notice, the amount of the bid deposit shall
be forfeited to the county and the contract awarded to the next lowest and best
bidder. The bid deposit of all unsuccessful bidders shall be returned after
the contract is awarded and the required contractor's bond given by the
successful bidder is accepted by the county legislative authority. Immediately
after the award is made, the bid quotations obtained shall be recorded and open
to public inspection and shall be available by telephone inquiry.
(8)
As limited by subsection (10) of this section, a county subject to these
provisions may have public works performed by county employees in any annual or
biennial budget period equal to a dollar value not exceeding ten percent of the
public works construction budget, including any amount in a supplemental public
works construction budget, over the budget period.
Whenever
a county subject to these provisions has had public works performed in any
budget period up to the maximum permitted amount for that budget period, all
remaining public works except emergency work under subsection (12) of this
section within that budget period shall be done by contract pursuant to public
notice and call for competitive bids as specified in subsection (3) of this
section. The state auditor shall report to the state treasurer any county
subject to these provisions that exceeds this amount and the extent to which
the county has or has not reduced the amount of public works it has performed
by public employees in subsequent years.
(9)
If a county subject to these provisions has public works performed by public
employees in any budget period that are in excess of this ten percent
limitation, the amount in excess of the permitted amount shall be reduced from
the otherwise permitted amount of public works that may be performed by public
employees for that county in its next budget period. Ten percent of the motor
vehicle fuel tax distributions to that county shall be withheld if two years
after the year in which the excess amount of work occurred, the county has
failed to so reduce the amount of public works that it has performed by public
employees. The amount withheld shall be distributed to the county when it has
demonstrated in its reports to the state auditor that the amount of public
works it has performed by public employees has been reduced as required.
(10)
In addition to the percentage limitation provided in subsection (8) of this
section, counties subject to these provisions containing a population of one
million or more shall not have public employees perform a public works project
in excess of seventy thousand dollars if more than a single craft or trade is
involved with the public works project, or a public works project in excess of
twenty-five thousand dollars if only a single craft or trade is involved with
the public works project. A public works project means a complete project.
The restrictions in this subsection do not permit the division of the project
into units of work or classes of work to avoid the restriction on work that may
be performed by public employees on a single project.
The
cost of a separate public works project shall be the costs of materials,
supplies, equipment, and labor on the construction of that project. The value
of the public works budget shall be the value of all the separate public works
projects within the budget.
(11)
In addition to the accounting and recordkeeping requirements contained in
chapter 39.04 RCW, any county which uses public employees to perform public
works projects under RCW 36.32.240(1) shall prepare a year-end report to be
submitted to the state auditor indicating the total dollar amount of the
county's public works construction budget and the total dollar amount for
public works projects performed by public employees for that year.
The
year-end report submitted pursuant to this subsection to the state auditor
shall be in accordance with the standard form required by RCW 43.09.205.
(12)
Notwithstanding any other provision in this section, counties may use public
employees without any limitation for emergency work performed under an
emergency declared pursuant to RCW 36.32.270, and any such emergency work shall
not be subject to the limitations of this section. Publication of the
description and estimate of costs relating to correcting the emergency may be
made within seven days after the commencement of the work. Within two weeks of
the finding that such an emergency existed, the county legislative authority
shall adopt a resolution certifying the damage to public facilities and costs
incurred or anticipated relating to correcting the emergency. Additionally
this section shall not apply to architectural and engineering or other
technical or professional services performed by public employees in connection
with a public works project.
(13)
In lieu of the procedures of subsections (3) through (11) of this section, a
county may use a small works roster process and award contracts for public
works projects with an estimated value of ten thousand dollars up to one
hundred thousand dollars as provided in RCW 39.04.155.
Whenever
possible, the county shall invite at least one proposal from a minority or
woman contractor who shall otherwise qualify under this section.
(14)
The allocation of public works projects to be performed by county employees
shall not be subject to a collective bargaining agreement.
(15)
This section does not apply to performance-based contracts, as defined in RCW
39.35A.020(3), that are negotiated under chapter 39.35A RCW.
(16)
Nothing in this section prohibits any county from allowing for preferential
purchase of products made from recycled materials or products that may be
recycled or reused.
(17)
This section does not apply to contracts between the public stadium authority
and a team affiliate under section 106(4) of this act, or development
agreements between the public stadium authority and a team affiliate under
section 106(7) of this act or leases entered into under section 106(8) of this
act.
Sec.
402. RCW
39.04.010 and 1993 c 174 s 1 are each amended to read as follows:
The
term state shall include the state of Washington and all departments,
supervisors, commissioners and agencies thereof.
The
term municipality shall include every city, county, town, district or other
public agency thereof which is authorized by law to require the execution of
public work, except drainage districts, diking districts, diking and drainage
improvement districts, drainage improvement districts, diking improvement
districts, consolidated diking and drainage improvement districts, consolidated
drainage improvement districts, consolidated diking improvement districts,
irrigation districts or any such other districts as shall from time to time be
authorized by law for the reclamation or development of waste or undeveloped
lands.
The
term public work shall include all work, construction, alteration, repair, or
improvement other than ordinary maintenance, executed at the cost of the state
or of any municipality, or which is by law a lien or charge on any property
therein. All public works, including maintenance when performed by contract
shall comply with the provisions of RCW 39.12.020. The term does not
include work, construction, alteration, repair, or improvement performed under
contracts entered into under section 106(4) of this act or under development
agreements entered into under section 106(7) of this act or leases entered into
under section 106(8) of this act.
The
term contract shall mean a contract in writing for the execution of public work
for a fixed or determinable amount duly awarded after advertisement and
competitive bid. However, a contract which is awarded from a small works
roster under the authority of RCW 39.04.150, 35.22.620, 28B.10.355, 35.82.075,
and 57.08.050 need not be advertised.
NEW
SECTION. Sec. 403. A
new section is added to chapter 39.30 RCW to read as follows:
This
chapter does not apply to contracts entered into under section 106(4) of this
act or development agreements entered into under section 106(7) of this act.
Sec.
404. RCW
39.10.120 and 1995 3rd sp.s. c 1 s 305 are each amended to read as follows:
(1)
Except as provided in subsections (2) and (3) of this section,
the alternative public works contracting procedures authorized under this
chapter are limited to public works contracts signed before July 1, ((1997))
2001. Methods of public works contracting authorized by RCW 39.10.050
and 39.10.060 shall remain in full force and effect until completion of
contracts signed before July 1, ((1997)) 2001.
(2)
For the purposes of a baseball stadium as defined in RCW 82.14.0485, the
design-build contracting procedures under RCW 39.10.050 shall remain in full
force and effect until completion of contracts signed before December 31, 1997.
(3)
For the purposes of a stadium and exhibition center, as defined in section 101
of this act, the design-build contracting procedures under RCW 39.10.050 shall
remain in full force and effect until completion of contracts signed before
December 31, 2002.
PART
V
KINGDOME
DEBT
Sec.
501. RCW
67.28.180 and 1995 1st sp.s. c 14 s 10 are each amended to read as follows:
(1)
Subject to the conditions set forth in subsections (2) and (3) of this section,
the legislative body of any county or any city, is authorized to levy and
collect a special excise tax of not to exceed two percent on the sale of or
charge made for the furnishing of lodging by a hotel, rooming house, tourist
court, motel, trailer camp, and the granting of any similar license to use real
property, as distinguished from the renting or leasing of real property:
PROVIDED, That it shall be presumed that the occupancy of real property for a
continuous period of one month or more constitutes a rental or lease of real
property and not a mere license to use or to enjoy the same.
(2)
Any levy authorized by this section shall be subject to the following:
(a)
Any county ordinance or resolution adopted pursuant to this section shall
contain, in addition to all other provisions required to conform to this
chapter, a provision allowing a credit against the county tax for the full
amount of any city tax imposed pursuant to this section upon the same taxable
event.
(b)
In the event that any county has levied the tax authorized by this section and
has, prior to June 26, 1975, either pledged the tax revenues for payment of
principal and interest on city revenue or general obligation bonds authorized
and issued pursuant to RCW 67.28.150 through 67.28.160 or has authorized and
issued revenue or general obligation bonds pursuant to the provisions of RCW
67.28.150 through 67.28.160, such county shall be exempt from the provisions of
(a) of this subsection, to the extent that the tax revenues are pledged for
payment of principal and interest on bonds issued at any time pursuant to the
provisions of RCW 67.28.150 through 67.28.160: PROVIDED, That so much of such
pledged tax revenues, together with any investment earnings thereon, not
immediately necessary for actual payment of principal and interest on such bonds
may be used: (i) In any county with a population of one million or more, for
repayment either of limited tax levy general obligation bonds or of any county
fund or account from which a loan was made, the proceeds from the bonds or loan
being used to pay for constructing, installing, improving, and equipping
stadium capital improvement projects, and to pay for any engineering, planning,
financial, legal and professional services incident to the development of such
stadium capital improvement projects, regardless of the date the debt for such
capital improvement projects was or may be incurred; ((or)) (ii) in
any county with a population of one million or more, for repayment or
refinancing of bonded indebtedness incurred prior to January 1, 1997, for any
purpose authorized by this section or relating to stadium repairs or
rehabilitation, including but not limited to the cost of settling legal claims,
reimbursing operating funds, interest payments on short-term loans, and any
other purpose for which such debt has been incurred if the county has created a
public stadium authority to develop a stadium and exhibition center under
section 103 of this act; or (iii) in other counties, for county-owned
facilities for agricultural promotion. A county is exempt under this
subsection in respect to city revenue or general obligation bonds issued after
April 1, 1991, only if such bonds mature before January 1, 2013.
As
used in this subsection (2)(b), "capital improvement projects" may
include, but not be limited to a stadium restaurant facility, restroom
facilities, artificial turf system, seating facilities, parking facilities and
scoreboard and information system adjacent to or within a county owned stadium,
together with equipment, utilities, accessories and appurtenances necessary
thereto. The stadium restaurant authorized by this subsection (2)(b) shall be
operated by a private concessionaire under a contract with the county.
(c)(i)
No city within a county exempt under subsection (2)(b) of this section may levy
the tax authorized by this section so long as said county is so exempt((:
PROVIDED, That)).
(ii)
If bonds have been issued under section 210 of this act and any necessary
property transfers have been made under section 109 of this act, no city within
a county with a population of one million or more may levy the tax authorized
by this section before January 1, 2021.
(iii)
However, in the event that any city in ((such)) a county described
in (i) or (ii) of this subsection (2)(c) has levied the tax authorized by
this section and has, prior to June 26, 1975, authorized and issued revenue or
general obligation bonds pursuant to the provisions of RCW 67.28.150 through
67.28.160, such city may levy the tax so long as the tax revenues are pledged
for payment of principal and interest on bonds issued at any time pursuant to
the provisions of RCW 67.28.150 through 67.28.160.
(3)
Any levy authorized by this section by a county that has levied the tax
authorized by this section and has, prior to June 26, 1975, either pledged the
tax revenues for payment of principal and interest on city revenue or general
obligation bonds authorized and issued pursuant to RCW 67.28.150 through
67.28.160 or has authorized and issued revenue or general obligation bonds
pursuant to the provisions of RCW 67.28.150 through 67.28.160 shall be subject
to the following:
(a)
Taxes collected under this section in any calendar year before 2013 in
excess of five million three hundred thousand dollars shall only be used as
follows:
(i)
Seventy-five percent from January 1, 1992, through December 31, 2000, and
seventy percent from January 1, 2001, through December 31, 2012, for art
museums, cultural museums, heritage museums, the arts, and the performing
arts. Moneys spent under this subsection (3)(a)(i) shall be used for the
purposes of this subsection (3)(a)(i) in all parts of the county.
(ii)
Twenty-five percent from January 1, 1992, through December 31, 2000, and thirty
percent from January 1, 2001, through December 31, 2012, for the following
purposes and in a manner reflecting the following order of priority: Stadium
((capital improvements, as defined in)) purposes as authorized under
subsection (2)(b) of this section; acquisition of open space lands; youth
sports activities; and tourism promotion. If all or part of the debt on the
stadium is refinanced, all revenues under this subsection (3)(a)(ii) shall be
used to retire the debt.
(b)
From January 1, 2013, through December 31, 2015, in a county with a
population of one million or more, all revenues under this section shall be
used to retire the debt on the stadium, or deposited in the stadium and
exhibition center account under section 214 of this act after the debt on the
stadium is retired.
(c)
From January 1, 2016, through December 31, 2020, in a county with a population
of one million or more, all revenues under this section shall be deposited in
the stadium and exhibition center account under section 214 of this act.
(d)
At least seventy percent of moneys spent under (a)(i) of this subsection for
the period January 1, 1992, through December 31, 2000, shall be used only for
the purchase, design, construction, and remodeling of performing arts, visual
arts, heritage, and cultural facilities, and for the purchase of fixed assets
that will benefit art, heritage, and cultural organizations. For purposes of
this subsection, fixed assets are tangible objects such as machinery and other
equipment intended to be held or used for ten years or more. Moneys received
under this subsection (3)(((b))) (d) may be used for payment of
principal and interest on bonds issued for capital projects. Qualifying
organizations receiving moneys under this subsection (3)(((b))) (d)
must be financially stable and have at least the following:
(i)
A legally constituted and working board of directors;
(ii)
A record of artistic, heritage, or cultural accomplishments;
(iii)
Been in existence and operating for at least two years;
(iv)
Demonstrated ability to maintain net current liabilities at less than thirty
percent of general operating expenses;
(v)
Demonstrated ability to sustain operational capacity subsequent to completion
of projects or purchase of machinery and equipment; and
(vi)
Evidence that there has been independent financial review of the organization.
(((c)))
(e) At least forty percent of the revenues distributed pursuant to
(a)(i) of this subsection for the period January 1, 2001, through December 31,
2012, shall be deposited in an account and shall be used to establish an
endowment. Principal in the account shall remain permanent and irreducible.
The earnings from investments of balances in the account may only be used for
the purposes of (a)(i) of this subsection.
(((d)))
(f) School districts and schools shall not receive revenues distributed
pursuant to (a)(i) of this subsection.
(((e)))
(g) Moneys distributed to art museums, cultural museums, heritage
museums, the arts, and the performing arts, and moneys distributed for tourism
promotion shall be in addition to and may not be used to replace or supplant any
other funding by the legislative body of the county.
(((f)))
(h) As used in this section, "tourism promotion" includes
activities intended to attract visitors for overnight stays, arts, heritage,
and cultural events, and recreational, professional, and amateur sports
events. Moneys allocated to tourism promotion in a class AA county shall be
allocated to nonprofit organizations formed for the express purpose of tourism
promotion in the county. Such organizations shall use moneys from the taxes to
promote events in all parts of the class AA county.
(((g)))
(i) No taxes collected under this section may be used for the operation
or maintenance of a public stadium that is financed directly or indirectly by
bonds to which the tax is pledged. Expenditures for operation or maintenance
include all expenditures other than expenditures that directly result in new
fixed assets or that directly increase the capacity, life span, or operating
economy of existing fixed assets.
(((h)))
(j) No ad valorem property taxes may be used for debt service on bonds
issued for a public stadium that is financed by bonds to which the tax is
pledged, unless the taxes collected under this section are or are projected to
be insufficient to meet debt service requirements on such bonds.
(((i)))
(k) If a substantial part of the operation and management of a public
stadium that is financed directly or indirectly by bonds to which the tax is
pledged is performed by a nonpublic entity or if a public stadium is sold that
is financed directly or indirectly by bonds to which the tax is pledged, any
bonds to which the tax is pledged shall be retired. This subsection (3)(((i)))
(k) does not apply in respect to a public stadium under chapter 36.--
RCW (sections 101 through 119 and 201 of this act) transferred to, owned
by, or constructed by a public facilities district under chapter 36.100 RCW or
a stadium and exhibition center.
(((j)))
(l) The county shall not lease a public stadium that is financed
directly or indirectly by bonds to which the tax is pledged to, or authorize
the use of the public stadium by, a professional major league sports franchise
unless the sports franchise gives the right of first refusal to purchase the
sports franchise, upon its sale, to local government. This subsection (3)(((j)))
(l) does not apply to contracts in existence on April 1, 1986.
If
a court of competent jurisdiction declares any provision of this subsection (3)
invalid, then that invalid provision shall be null and void and the remainder
of this section is not affected.
Sec.
502. RCW
82.14.049 and 1992 c 194 s 3 are each amended to read as follows:
The
legislative authority of any county may impose a sales and use tax, in addition
to the tax authorized by RCW 82.14.030, upon retail car rentals within the
county that are taxable by the state under chapters 82.08 and 82.12 RCW. The
rate of tax shall be one percent of the selling price in the case of a sales
tax or rental value of the vehicle in the case of a use tax. Proceeds of the
tax shall not be used to subsidize any professional sports team and shall be
used solely for the following purposes:
(1)
Acquiring, constructing, maintaining, or operating public sports stadium
facilities;
(2)
Engineering, planning, financial, legal, or professional services incidental to
public sports stadium facilities; ((or))
(3)
Youth or amateur sport activities or facilities; or
(4)
Debt or refinancing debt issued for the purposes of subsection (1) of this
section.
At
least seventy-five percent of the tax imposed under this section shall be used
for the purposes of subsections (1), (2), and (4) of this section.
PART
VI
MISCELLANEOUS
NEW
SECTION. Sec. 601. Part
headings used in this act are not any part of the law.
NEW
SECTION. Sec. 602. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW
SECTION. Sec. 603. (1)
Sections 101 through 119 and 201 of this act constitute a new chapter in Title
36 RCW.
(2)
Sections 209 through 219 of this act constitute a new chapter in Title 43 RCW.
NEW
SECTION. Sec. 604. The
referendum on this act is the only measure authorizing, levying, or imposing
taxes for a stadium and exhibition center that may be put to a public vote.
Should the act fail to be approved at the special election on or before June
20, 1997, the legislature shall not pass other legislation to build or finance
a stadium and exhibition center, as defined in section 101 of this act, for the
team affiliate.
NEW
SECTION. Sec. 605. The
legislature neither affirms nor refutes the value of this proposal, and by this
legislation simply expresses its intent to provide the voter of the state of
Washington an opportunity to express the voter's decision. It is also
expressed that many legislators might personally vote against this proposal at
the polls, or they might not.
NEW
SECTION. Sec. 606.
Notwithstanding any other provision of this act, this act shall be null and
void in its entirety unless the team affiliate as defined in section 101 of
this act enters into an agreement with the secretary of state to reimburse the
state and the counties for the full cost of the special election to be held on
or before June 20, 1997.
NEW
SECTION. Sec. 607. (1)
The secretary of state shall submit sections 101 through 604 of this act to the
people for their adoption and ratification, or rejection, at a special election
to be held in this state on or before June 20, 1997, in accordance with Article
II, section 1 of the state Constitution and the laws adopted to facilitate its
operation. The special election shall be limited to submission of this act to
the people.
(2)
The attorney general shall prepare the explanatory statement required by RCW
29.81.020 and transmit that statement regarding the referendum to the secretary
of state no later than the last Monday of April before the special election.
(3)
The secretary of state shall prepare and distribute a voters' pamphlet
addressing this referendum measure following the procedures and requirements of
chapter 29.81 RCW, except that the secretary of state may establish different
deadlines for the appointment of committees to draft arguments for and against
the referendum, for submitting arguments for and against the referendum, and
for submitting rebuttal statements of arguments for and against the
referendum. The voters' pamphlet description of the referendum measure shall
include information to inform the public that ownership of the KingDome may be
transferred to the public stadium authority and that the KingDome will be
demolished in order to accommodate the new football stadium.
(4)
A county auditor may conduct the voting at this special election in all
precincts of the county by mail using the procedures set forth in RCW 29.36.121
through 29.36.139.
(5)
Notwithstanding the provisions of RCW 29.62.020, the county canvassing board in
each county shall canvass and certify the votes cast at this special election
in that county to the secretary of state no later than the seventh day
following the election. Notwithstanding the provisions of RCW 29.62.120, the
secretary of state shall canvass and certify the returns from the counties no
later than the ninth day following the special election.
(6)
The secretary of state shall reimburse each county for the cost of conducting
the special election in that county in the same manner as state primary and
general election costs are reimbursed under RCW 29.13.047 (1) and (3).
(7)
No other state, county, or local election shall be required or held on any
proposition related to or affecting the stadium and exhibition center defined
in section 101 of this act.
NEW
SECTION. Sec. 608.
Sections 606 and 607 of this act are necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and take effect immediately.
