2188-S AMH .... H2810.2

2188-S AMH .... H2810.2

SHB 2188 - H AMD

By Representative

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 35.57.010 and 1999 c 165 s 1 are each amended to read as follows:

(1) The legislative authority of any town or city located in a county with a population of less than one million may create a public facilities district. The legislative authorities of any contiguous group of towns or cities located in a county or counties each with a population of less than one million may enter an agreement under chapter 39.34 RCW for the creation and joint operation of a public facilities district. The legislative authority of any town or city, or any contiguous group of towns or cities, located in a county with a population of less than one million and the legislative authority of the county or counties in which the towns or cities are located may enter into an agreement under chapter 39.34 RCW for the creation and joint operation of a public facilities district.

(2) A public facilities district shall be coextensive with the boundaries of the city or town or contiguous group of cities or towns that created the district. A public facilities district created by an agreement between a town or city, or a contiguous group of towns or cities, and the county in which they are located shall be coextensive with the boundaries of the towns or cities, and the boundaries of the county or counties as to the unincorporated areas of the county or counties. The boundaries shall not include towns or cities that are not parties to the agreement for the creation and joint operation of the district.

(3)(a) A public facilities district created by a single city or town shall be governed by a board of directors consisting of five members selected as follows: (i) Two members appointed by the legislative authority of the city or town; and (ii) three members appointed by legislative authority based on recommendations from local organizations. The members appointed under (a)(i) of this subsection, shall not be members of the legislative authority of the city or town. The members appointed under (a)(ii) of this subsection, shall be based on recommendations received from local organizations that may include, but are not limited to the local chamber of commerce, local economic development council, and local labor council. The members shall serve four-year terms. Of the initial members, one must be appointed for a one-year term, one must be appointed for a two-year term, one must be appointed for a three-year term, and the remainder must be appointed for four-year terms.

(b) A public facilities district created by ((~~[a]~~)) a contiguous group of cities and towns shall be governed by a board of directors consisting of seven members selected as follows: (i) Three members appointed by the legislative authorities of the cities and towns; and (ii) four members appointed by the legislative authority based on recommendations from local organizations. The members appointed under (b)(i) of this subsection shall not be members of the legislative authorities of the cities and towns. The members appointed under (b)(ii) of this subsection, shall be based on recommendations received from local organizations that include, but are not limited to the local chamber of commerce, local economic development council, local labor council, and a neighborhood organization that is directly affected by the location of the ((~~regional center~~)) public facility in their area. The members of the board of directors shall be appointed in accordance with the terms of the agreement under chapter 39.34 RCW for the joint operation of the district and shall serve four-year terms. Of the initial members, one must be appointed for a one-year term, one must be appointed for a two-year term, one must be appointed for a three-year term, and the remainder must be appointed for four-year terms.

(c) A public facilities district created by a town or city, or a contiguous group of towns or cities, and the county or counties in which they are located shall be governed by a board of directors consisting of seven members selected as follows: (i) Three members appointed by the legislative authorities of the cities, towns, and county; and (ii) four members appointed by the sitting members of the board of directors based on recommendations from local organizations. The members appointed under (c)(i) of this subsection shall not be members of the legislative authorities of the cities, towns, or county. The members appointed under (c)(ii) of this subsection shall be based on recommendations received from local organizations that include, but are not limited to, the local chamber of commerce, local economic development council, local labor council, and a neighborhood organization that is directly affected by the location of the public facility in their area. The members of the board of directors shall be appointed in accordance with the terms of the agreement under chapter 39.34 RCW for the joint operation of the district and shall serve four-year terms. Of the initial members, one must be appointed for a one-year term, one must be appointed for a two-year term, one must be appointed for a three-year term, and the remainder must be appointed for four-year terms.

(4) A public facilities district is a municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.

(5) A public facilities district 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.

(6) A public facilities district may acquire and transfer real and personal property by lease, sublease, purchase, or sale. No direct or collateral attack on any ((~~metropolitan~~)) public facilities district purported to be authorized or created in conformance with this chapter may be commenced more than thirty days after creation by the county, city, or town legislative authority.

Sec. 2. RCW 35.57.020 and 1999 c 165 s 2 are each amended to read as follows:

(1) A public facilities district is authorized to acquire, construct, own, remodel, maintain, equip, reequip, repair, finance, and operate one or more ((~~regional centers~~)) public facilities. For purposes of this chapter, ((~~"regional center"~~)) "public facility" means a convention, conference, cultural, community, technology, recreational, or special events center, or any combination of facilities, and related parking facilities((~~, serving a regional population~~)) constructed, improved, or rehabilitated after July 25, 1999, at a cost of at least ten million dollars, including debt service. ((~~"Regional center"~~)) A "special events center" is a facility or combination of facilities, the primary purpose of which is the presentation of events, activities, performances, or exhibits for the enjoyment of the general public. "Public facility" also includes an existing convention, conference, cultural, community, technology, recreational, or special events center, and related parking facilities((~~, serving a regional population,~~)) that is acquired, improved, or rehabilitated after July 25, 1999, where the costs of acquisition, improvement, or rehabilitation are at least ten million dollars, including debt service. ((A regional center is conclusively presumed to serve a regional population if state and local government investment in the construction, improvement, or rehabilitation of the regional center is equal to or greater than ten million dollars.))

(2) A public facilities district may impose charges and fees for the use of its facilities, and may accept and expend or use gifts, grants, and donations for the purpose of a ((~~regional center~~)) public facility.

(3) A public facilities district may impose charges, fees, and taxes authorized in RCW 35.57.040, and use revenues derived therefrom for the purpose of paying principal and interest payments on bonds issued by the public facilities district to construct a ((~~regional center~~)) public facility.

(4) Notwithstanding the establishment of a career, civil, or merit service system, a public facilities district may contract with a public or private entity for the operation or management of its public facilities.

(5) A public facilities district is authorized to use the supplemental alternative public works contracting procedures set forth in chapter 39.10 RCW in connection with the design, construction, reconstruction, remodel, or alteration of any ((~~regional center~~)) public facility.

Sec. 3. RCW 35.57.040 and 1999 c 165 s 4 are each amended to read as follows:

(1) The board of directors of the public facilities district may impose the following for the purpose of funding a ((~~regional center~~)) public facility:

(a) Charges and fees for the use of any of its facilities;

(b) Admission charges under RCW 35.57.100;

(d) Sales and use taxes authorized under RCW 82.14.048 and 82.14.390.

(2) The board may accept and expend or use gifts, grants, and donations for the purpose of a ((~~regional center~~)) public facility. The revenue from the charges, fees, and taxes imposed under this section shall be used only for the purposes authorized by this chapter.

Sec. 4. RCW 35.57.060 and 1999 c 165 s 6 are each amended to read as follows:

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

Sec. 5. RCW 35.57.100 and 1999 c 165 s 10 are each amended to read as follows:

A public facility district may levy and fix a tax of not more than one cent on twenty cents or fraction thereof to be paid by the person who pays an admission charge to a ((~~regional center~~)) public facility. This includes a tax on persons who are admitted free of charge or at reduced rates if other persons pay a charge or a regular higher charge for the same privileges or accommodations.

The term "admission charge" includes:

(1) A charge made for season tickets or subscriptions;

(2) A cover charge, or a charge made for use of seats and tables reserved or otherwise, and other similar accommodations;

(3) A charge made for food and refreshment if free entertainment, recreation, or amusement is provided;

(4) A charge made for rental or use of equipment or facilities for purposes of recreation or amusement; if 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;

(5) ((~~Automobile~~)) Motor vehicle parking charges if the amount of the charge is determined according to the number of passengers in the ((~~automobile~~)) motor vehicle.

Sec. 6. RCW 35.57.110 and 1999 c 165 s 11 are each amended to read as follows:

A public facility district may levy and fix a tax on any vehicle parking charges imposed at any parking facility that is owned or leased by the public facility district as part of a ((~~regional center~~)) public facility. No county or city or town within which the ((~~regional center~~)) public facility is located may impose a tax of the same or similar kind on any vehicle parking charges at the facility. 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.

Sec. 7. RCW 36.100.010 and 1995 3rd sp.s. c 1 s 301 are each amended to read as follows:

(1) A public facilities district may be created in any county and shall be coextensive with the boundaries of the county. Multiple public facilities districts may be created in any county, each coextensive with the boundaries of the county, so long as: (a) The resolution adopted by the county legislative authority providing for the creation of each public facilities district limits the authority of each of these public facilities districts to acquiring, constructing, owning, remodeling, maintaining, equipping, reequipping, repairing, and operating specifically enumerated sports facilities, recreational facilities, entertainment facilities, convention facilities, or public facilities, as defined in RCW 35.57.020, together with contiguous parking facilities; and (b) no other public facilities district within the county is authorized to acquire, construct, own, remodel, maintain, equip, reequip, repair, or operate such specifically enumerated sports facilities, recreational facilities, entertainment facilities, convention facilities, or public facilities, as defined in RCW 35.57.020, together with contiguous parking facilities.

(2) A public facilities district shall be created upon adoption of a resolution providing for the creation of such a district by the county legislative authority in which the proposed district is located.

(3) A public facilities district is a municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.

(4) No taxes authorized under this chapter may be assessed or levied unless a majority of the voters of the public facilities district has approved such tax at a general or special election. A single ballot proposition may both validate the imposition of the sales and use tax under RCW 82.14.048 and the excise tax under RCW 36.100.040.

(6) The county legislative authority or the city council may transfer property to the public facilities district created under this chapter. No property that is encumbered with debt or that is in need of major capital renovation may be transferred to the district without the agreement of the district and revenues adequate to retire the existing indebtedness.

Sec. 8. RCW 36.100.030 and 1999 c 165 s 16 are each amended to read as follows:

(1) A public facilities district, subject to any limitations set forth in the resolution providing for its creation, is authorized to acquire, construct, own, remodel, maintain, equip, reequip, repair, and operate sports facilities, entertainment facilities, convention facilities, or ((~~regional centers~~)) public facilities as defined in RCW 35.57.020, together with contiguous parking facilities. The taxes that are provided for in this chapter may only be imposed for these purposes.

(2) A public facilities district may enter into agreements under chapter 39.34 RCW for the joint provision and operation of such facilities and may enter into contracts under chapter 39.34 RCW where any party to the contract provides and operates such facilities for the other party or parties to the contract.

(3) A public facilities district created under RCW 36.100.010 and a public facilities district created under RCW 35.57.010 located in the same county are authorized to enter into agreements under chapter 39.34 RCW to jointly acquire, construct, own, remodel, maintain, equip, reequip, repair, finance, and operate one or more public facilities as defined under RCW 35.57.020.

(4) Notwithstanding the establishment of a career, civil, or merit service system, a public ((~~facility [facilities]~~)) facilities district may contract with a public or private entity for the operation or management of its public facilities.

((~~(4)~~)) (5) A public facilities district is authorized to use the supplemental alternative public works contracting procedures set forth in chapter 39.10 RCW in connection with the design, construction, reconstruction, remodel, or alteration of any of its public facilities.

((~~(5)~~)) (6) A public facilities district may impose charges and fees for the use of its facilities, and may accept and expend or use gifts, grants, and donations.

Sec. 9. RCW 36.100.040 and 1995 c 396 s 4 are each amended to read as follows:

A public facilities district may impose an excise tax on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, or trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, except that no such tax may be levied on any premises having fewer than forty lodging units. However, if a public facilities district has not imposed such an excise tax prior to December 31, 1995, the public facilities district may only impose the excise tax if a ballot proposition authorizing the imposition of the tax has been approved by a simple majority vote of voters of the public facilities district voting on the proposition.

The rate of the tax shall not exceed two percent and the proceeds of the tax shall only be used for the acquisition, design, construction, remodeling, maintenance, equipping, reequipping, repairing, and operation of its public facilities. This excise tax shall not be imposed until the district has approved the proposal to acquire, design, and construct the public facilities.

A public facilities district may not impose the tax authorized in this section if, after the tax authorized in this section was imposed, the effective combined rate of state and local excise taxes, including sales and use taxes and excise taxes on lodging, imposed on the sale of or charge made for furnishing of lodging in any jurisdiction in the public facilities district exceeds eleven and one-half percent.

A public facilities district may not impose the tax authorized in this section if the combined total tax rate imposed by all public facilities districts under this section would exceed two percent.

Sec. 10. RCW 36.100.060 and 1999 c 165 s 15 are each amended to read as follows:

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

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

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

(4) The excise tax imposed pursuant to RCW 36.100.040 shall terminate upon final payment of all bonded indebtedness for its public facilities, except that the excise tax may be reauthorized by a public vote, in the same manner as originally authorized, for funding of additional ((~~public~~)) facilities ((~~or a regional center~~)), including a public facility as defined in RCW 35.57.020.

Sec. 11. RCW 36.100.210 and 1999 c 165 s 17 are each amended to read as follows:

A public facility district may levy and fix a tax of not more than one cent on twenty cents or fraction thereof to be paid by the person who pays an admission charge to a ((~~regional center~~)) public facility, as defined in RCW 35.57.020. This includes a tax on persons who are admitted free of charge or at reduced rates if other persons pay a charge or a regular higher charge for the same privileges or accommodations.

The term "admission charge" includes:

(1) A charge made for season tickets or subscriptions;

(2) A cover charge, or a charge made for use of seats and tables reserved or otherwise, and other similar accommodations;

(3) A charge made for food and refreshment if free entertainment, recreation, or amusement is provided;

(5) ((~~Automobile~~)) Motor vehicle parking charges if the amount of the charge is determined according to the number of passengers in the ((~~automobile~~)) motor vehicle.

Sec. 12. RCW 36.100.220 and 1999 c 165 s 18 are each amended to read as follows:

A public facility district may levy and fix a tax on any vehicle parking charges imposed at any parking facility that is owned or leased by the public facility district as part of a ((~~regional center~~)) public facility, as defined in RCW 35.57.020. No county or city or town within which the ((~~regional center~~)) public facility, as defined in RCW 35.57.020, is located may impose a tax of the same or similar kind on any vehicle parking charges at the facility. 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.

Sec. 13. RCW 82.14.048 and 1999 c 165 s 12 are each amended to read as follows:

The governing board of a public facilities district under chapter 36.100 or 35.57 RCW may submit an authorizing proposition to the voters of the district, and if the proposition is approved by a majority of persons voting, fix and impose a sales and use tax in accordance with the terms of this chapter.

The tax authorized in this section shall be in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the public facilities district. The rate of tax shall not exceed two-tenths of one percent of the selling price in the case of a sales tax, or value of the article used, in the case of a use tax.

Moneys received from any tax imposed under this section shall be used for the purpose of providing funds for the costs associated with the financing, design, acquisition, construction, equipping, operating, maintaining, remodeling, repairing, and reequipping of its public facilities.

No tax may be collected under this section by a public facilities district under chapter 35.57 RCW before August 1, 2000, and no tax in excess of one-tenth of one percent may be collected under this section by a public facilities district under chapter 36.100 RCW before August 1, 2000.

A public facilities district may not impose the tax authorized in this section if the combined total tax rate imposed by all public facilities districts under this section would exceed two-tenths of one percent.

Sec. 14. RCW 82.14.390 and 1999 c 165 s 13 are each amended to read as follows:

(1)(a) Except as provided in subsection (6) of this section, the governing body of a public facilities district created under chapter 35.57 or 36.100 RCW before January 1, 2002, that commences construction of a new ((~~regional center~~)) public facility, or improvement or rehabilitation of an existing ((~~new regional center~~)) public facility, before January 1, 2003, may impose a sales and use tax in accordance with the terms of this chapter.

(b) Except as provided in subsection (6) of this section, the governing body of (i) a public facilities district created under chapter 35.57 RCW before January 1, 2002, with a population over fifty thousand, that commences construction of a new public facility, or improvement or rehabilitation of an existing public facility, before January 1, 2005, or (ii) a public facilities district that enters into a joint agreement under RCW 36.100.030(3) with a district described in (b)(i) of this subsection, may impose a sales and use tax in accordance with the terms of this chapter.

(c) Except as provided in subsection (6) of this section, the governing body of a public facilities district in a county in which a public facilities district was created under chapter 36.100 RCW before July 1, 2001, that commences construction of a new public facility, or improvement or rehabilitation of an existing public facility, before January 1, 2005, may impose a sales and use tax in accordance with the terms of this chapter.

(d) 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 public facilities district. The rate of tax shall not exceed 0.033 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 public facilities district.

(3) ((~~No tax may be collected under this section before August 1, 2000.~~)) The tax imposed in this section shall expire when the bonds issued for the construction of the ((~~regional center~~)) public facility and related parking facilities are retired, but not more than twenty-five years after the tax is first collected.

(4) Moneys collected under this section shall only be used for the purposes set forth in RCW 35.57.020 and must be matched with an amount from other public or private sources equal to thirty-three percent of the amount collected under this section, provided that amounts generated from nonvoter approved taxes authorized under chapter 35.57 RCW or nonvoter approved taxes authorized under chapter 36.100 RCW shall not constitute a public or private source. For the purpose of this section, public or private sources includes, but is not limited to cash or in-kind contributions used in all phases of the development or improvement of the ((~~regional center~~)) public facility, land that is donated and used for the siting of the ((~~regional center~~)) public facility, cash or in-kind contributions from public or private foundations, or amounts attributed to private sector partners as part of a public and private partnership agreement negotiated by the public facilities district.

(5) The combined total tax levied under this section shall not be greater than 0.033 percent regardless of the number of public facilities districts imposing the tax. If both a public facilities district created under chapter 35.57 RCW and a public facilities district created under chapter 36.100 RCW impose a tax under this section, the tax imposed by a public facilities district created under chapter 35.57 RCW shall be credited against the tax imposed by ((a)) any public facilities district created under chapter 36.100 RCW.

(6) A public facilities district created under chapter 36.100 RCW is not eligible to impose the tax under this section if the legislative authority of the county where the public facilities district is located has imposed a sales and use tax under RCW 82.14.0485 or 82.14.0494.

(7) As used in this section, "public facility" has the same meaning as in RCW 35.57.020."

Correct the title.