EHB 2388 -
By Senator Hatfield
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 35.57.010 and 2002 c 363 s 1 are each amended to read
as follows:
(1)(a) 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.
(b) 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.
(c) 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 a
contiguous county, or 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.
(d) The legislative authority of a city located in a county with a
population greater than one million may create a public facilities
district, when the city has a total population of less than one hundred
fifteen thousand but greater than eighty thousand and commences
construction of a regional center prior to July 1, 2008.
(2)(a) 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.
(b) A public facilities district created by an agreement between a
town or city, or a contiguous group of towns or cities, and a
contiguous county or 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 incorporated
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 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 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 a contiguous county or 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
legislative authority 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, the local economic development council, the local labor
council, and a neighborhood organization that is directly affected by
the location of the regional center 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 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 city and/or county
legislative authority.
Sec. 2 RCW 82.14.390 and 2006 c 298 s 1 are each amended to read
as follows:
(1) Except as provided in subsection (6) of this section, the
governing body of a public facilities district (a) created before July
31, 2002, under chapter 35.57 or 36.100 RCW that commences construction
of a new regional center, or improvement or rehabilitation of an
existing new regional center, before January 1, 2004((, or)); (b)
created before July 1, 2006, under chapter 35.57 RCW in a county or
counties in which there are no other public facilities districts on
June 7, 2006, and in which the total population in the public
facilities district is greater than ninety thousand that commences
construction of a new regional center before February 1, 2007; (c)
created under the authority of RCW 35.57.010(1)(d); or (d) created
before September 1, 2007, under chapter 35.57 or 36.100 RCW, in a
county or counties in which there are no other public facilities
districts on the effective date of this act, and in which the total
population in the public facilities district is greater than seventy
thousand, that commences construction of a new regional center before
January 1, 2009, may impose a sales and use tax in accordance with the
terms of 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 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 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, land that is donated and used for
the siting of the regional 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.
NEW SECTION. Sec. 3 A new section is added to chapter 82.14 RCW
to read as follows:
(1) In a county with a population under three hundred thousand, the
governing body of a public facilities district, which is created before
August 1, 2001, under chapter 35.57 RCW or before January 1, 2000,
under chapter 36.100 RCW, in which the total population in the public
facilities district is greater than ninety thousand and less than one
hundred thousand that commences improvement or rehabilitation of an
existing regional center, to be used for community events, and
artistic, musical, theatrical, or other cultural exhibitions,
presentations, or performances and having two thousand or fewer
permanent seats, before January 1, 2009, may impose a sales and use tax
in accordance with the terms of 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 public facilities
district. The rate of tax for a public facilities district created
prior to August 1, 2001, under chapter 35.57 RCW, may not exceed 0.025
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. The rate of tax, for a public
facilities district created prior to January 1, 2000, under chapter
36.100 RCW, may not exceed 0.020 percent of the selling price in the
case of a sales tax or the 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 under chapter 82.08 or 82.12 RCW. The
department shall perform the collection of such taxes on behalf of the
county at no cost to the public facilities district.
(3) The tax imposed in this section shall expire when the bonds
issued for the construction of the regional center 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 may 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 regional center, land that is donated and used for
the siting of the regional 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."
EHB 2388 -
By Senator
On page 1, line 3 of the title, after "district;" strike the remainder of the title and insert "amending RCW 35.57.010 and 82.14.390; and adding a new section to chapter 82.14 RCW."
EFFECT: The time frame is shortened for allowing certain cities
to create a public facilities district in counties with over one
million persons from July 1, 2009, to July 1, 2008.
The rate of the sales tax that is credited against the state
portion of the sales tax for the Yakima theater is reduced from 0.033%
to 0.025% and the rate for the Longview theater is reduced from 0.033%
to 0.020%.