READ FIRST TIME 02/02/04.   

     AN ACT Relating to the inclusion of cultural facilities under the authority of certain public facilities districts; and adding a new section to chapter 82.14 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 82.14 RCW to read as follows:
     (1) Except as provided in subsection (6) of this section, the governing body of a public facilities district may impose a sales and use tax in accordance with the terms of this chapter if the public facilities district: (a) Is created after July 1, 2005, but before June 30, 2007, for the construction of a cultural center; (b) commences construction of a new cultural center, or improvement or rehabilitation of an existing cultural center, before January 1, 2008; and (c) is located in a county with a population in excess of two hundred fifteen thousand.
     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 the taxes on behalf of the county at no cost to the public facilities district.
     (3) No tax may be collected under this section before September 1, 2005. The tax imposed in this section expires on the earlier of: (a) The date when the bonds issued for the construction of the cultural center and related parking facilities are retired; (b) twenty years after the tax is first collected; or (c) the date when the cumulative total of taxes collected has exceeded eighteen million dollars.
     (4) Money collected under this section shall only be used for the purposes set forth in subsection (1) of this section 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 include, but are not limited to, cash or in-kind contributions used in all phases of the development or improvement of the cultural center, land that is donated and used for the siting of the cultural center, 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. 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 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.