BILL REQ. #:  H-1982.1 

READ FIRST TIME 02/16/07.   

     AN ACT Relating to authorizing the acquisition and operation of tourism-related facilities by port districts; amending RCW 67.28.080 and 67.28.140; and adding new sections to chapter 67.28 RCW.

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

Sec. 1   RCW 67.28.080 and 1997 c 452 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Acquisition" includes, but is not limited to, siting, acquisition, design, construction, refurbishing, expansion, repair, and improvement, including paying or securing the payment of all or any portion of general obligation bonds, leases, revenue bonds, or other obligations issued or incurred for such purpose or purposes under this chapter.
     (2) "Municipality" means any county, city ((or)), town, or port district of the state of Washington.
     (3) "Operation" includes, but is not limited to, operation, management, and marketing.
     (4) "Person" means the federal government or any agency thereof, the state or any agency, subdivision, taxing district or municipal corporation thereof other than county, city or town, any private corporation, partnership, association, or individual.
     (5) "Tourism" means economic activity resulting from tourists, which may include sales of overnight lodging, meals, tours, gifts, or souvenirs.
     (6) "Tourism promotion" means activities and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding marketing of special events and festivals designed to attract tourists.
     (7) "Tourism-related facility" means real or tangible personal property with a usable life of three or more years, or constructed with volunteer labor, and used to support tourism, performing arts, or to accommodate tourist activities.
     (8) "Tourist" means a person who travels from a place of residence to a different town, city, county, state, or country, for purposes of business, pleasure, recreation, education, arts, heritage, or culture.

Sec. 2   RCW 67.28.140 and 1967 c 236 s 7 are each amended to read as follows:
     (1) The acts authorized herein are declared to be strictly for the public purposes of the municipalities authorized to perform same. With the exception of port districts, any municipality as defined in RCW 67.28.080 shall have the power to acquire by condemnation and purchase any lands and property rights, both within and without its boundaries, which are necessary to carry out the purposes of this chapter. Such right of eminent domain shall be exercised by the legislative body of each such municipality in the manner provided by applicable general law or under chapter 8.12 RCW.
     (2) Port districts are prohibited from exercising the right of eminent domain as authorized under this section for the purpose of the activities and projects authorized under this chapter.

NEW SECTION.  Sec. 3   A new section is added to chapter 67.28 RCW to read as follows:
     Port districts are prohibited from exercising the taxing authority authorized under RCW 67.28.180, 67.28.1801, 67.28.181, 67.28.1815, 67.28.1817, 67.28.183, 67.28.184, and 67.28.200.

NEW SECTION.  Sec. 4   A new section is added to chapter 67.28 RCW to read as follows:
     A port district and any municipality or other entity involved in a joint venture or project with a port district under this chapter shall comply with the provisions of chapter 39.12 RCW.