SSB 5834 -
By Senators White, Murray, Fain, Hill, Eide, King
ADOPTED 05/24/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 67.28.180 and 2010 1st sp.s. c 26 s 8 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
that is subject to tax under chapter 82.08 RCW.
(2) Any levy authorized by this section ((shall be)) is subject to
the following:
(a) Any county ordinance or resolution adopted pursuant to this
section ((shall)) must 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)(i) 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)) is 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)). However, 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))) (A) In any county with a population of
one million five hundred thousand 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; (((ii))) (B) in any county with a
population of one million five hundred thousand 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 RCW 36.102.030; or
(((iii))) (C) in other counties, for county-owned facilities for
agricultural promotion until January 1, 2009, and thereafter for any
purpose authorized in this chapter.
(ii) A county is exempt under this subsection with respect to city
revenue or general obligation bonds issued after April 1, 1991, only if
such bonds mature before January 1, 2013. If any county located east
of the crest of the Cascade mountains has levied the tax authorized by
this section and has, prior to June 26, 1975, pledged the tax revenue
for payment of principal and interest on city revenue or general
obligation bonds, the county is exempt under this subsection with
respect to revenue or general obligation bonds issued after January 1,
2007, only if the bonds mature before January 1, ((2021)) 2035. Such
a county may only use funds under this subsection (2)(b) for
constructing or improving facilities authorized under this chapter,
including county-owned facilities for agricultural promotion((, and
must perform an annual financial audit of organizations receiving
funding on the use of the funds)).
(iii) 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)) must
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 subsection may levy the tax authorized by this section so long
as said county is so exempt.
(ii) ((If bonds have been issued under RCW 43.99N.020 and any
necessary property transfers have been made under RCW 36.102.100,)) No
city within a county with a population of one million five hundred
thousand or more may levy the tax authorized by this section ((before
January 1, 2021)).
(iii) However, in the event that any city in a county described in
(c)(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)) a population
of one million five hundred thousand or more is 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))
may 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)) must 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 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)) must 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 RCW 43.99N.060
after)) until the debt on the stadium is retired. On and after the
date the debt on the stadium is retired, and through December 31, 2015,
all revenues under this section in a county of one million five hundred
thousand or more must be deposited in the special account under (e) of
this subsection.
(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)) must be deposited in the stadium and exhibition
center account under RCW 43.99N.060.
(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)(d) may be used for payment of principal and
interest on bonds issued for capital projects. Qualifying
organizations receiving moneys under this subsection (3)(d) must be
financially stable and have at least the following:)) On and after January 1, 2021, the revenues under
this section must be used as follows:
(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.
(i) At least thirty-seven and one-half percent of the revenues
under this section must be deposited in the special account under (e)
of this subsection.
(ii) At least thirty-seven and one-half percent of the revenues
under this section must be used for nonprofit organizations or public
housing authorities for affordable workforce housing within one-half of
a mile of a transit station, as described under RCW 9.91.025 or for
services for homeless youth.
(iii) The remainder must be used for capital or operating programs
that promote tourism and attract tourists to the county.
(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)) must be deposited in ((an)) a special
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.
(f) School districts and schools ((shall)) may not receive revenues
distributed pursuant to (a)(i) of this subsection.
(g) Moneys distributed to art museums, cultural museums, heritage
museums, the arts, and the performing arts, and moneys distributed for
tourism promotion ((shall)) must be in addition to and may not be used
to replace or supplant any other funding by the legislative body of the
county.
(h) ((As used in)) For the purposes of this section((,)):
(i) "Affordable workforce housing" means housing for a single
person, family, or unrelated persons living together whose income is
between thirty percent and eighty percent of the median income,
adjusted for household size, for the county where the housing is
located; and
(ii) "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 county with a population of one
million or more ((shall)) must be allocated to local public
organizations and nonprofit organizations formed for the express
purpose of tourism promotion in the county. Such organizations
((shall)) must use moneys from the taxes to promote events in all parts
of the county.
(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.
(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.
(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)(k) does not apply in respect to
a public stadium under chapter 36.102 RCW transferred to, owned by, or
constructed by a public facilities district under chapter 36.100 RCW or
a stadium and exhibition center.
(l) The county ((shall)) may 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)(l) does not apply to contracts in
existence on April 1, 1986.
(4) If a court of competent jurisdiction declares any provision of
((this)) subsection (3) of this section invalid, then that invalid
provision ((shall be)) is null and void and the remainder of this
section is not affected.
Sec. 2 RCW 36.38.010 and 1999 c 165 s 20 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)) must collect and remit the
tax to the county treasurer of the county((: PROVIDED,)). However, no
county ((shall)) may impose such tax on persons paying an admission to
any activity of any elementary or secondary school or any public
facility of a public facility district under chapter 35.57 or 36.100
RCW for which a tax is imposed under RCW 35.57.100 or 36.100.210.
(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)) must be considered as the admission charge. ((It shall))
Admission charge also includes 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)) in this section is not ((be)) exclusive
and ((shall)) does 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)).
However, whenever the same or similar kind of tax is imposed by any
such city or town, no such tax ((shall)) may be levied within the
corporate limits of such city or town by the county.
(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)) must be placed in a
contingency fund which ((may only)) must be used ((to pay unanticipated
capital costs on the baseball stadium, excluding any cost overruns on
initial construction)) exclusively by the public facilities district to
fund repair, reequipping, and capital improvement of the baseball
stadium; 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 (4)(b)
((shall)) expires 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 RCW 36.102.050 may levy
and fix a tax on charges for admission to events in a stadium and
exhibition center, as defined in RCW 36.102.010, constructed in the
county on or after January 1, 1998, that is owned by a public stadium
authority under chapter 36.102 RCW. The tax ((shall be)) is exclusive
and ((shall)) precludes 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)) precludes 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)) is at the rate of not more than one cent on ten cents or
fraction thereof. Revenues collected under this subsection ((shall))
must be deposited in the stadium and exhibition center account under
RCW 43.99N.060 until the bonds issued under RCW 43.99N.020 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))
is 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)) may not be collected at any
facility already in operation as of July 17, 1997.
Sec. 3 RCW 36.100.220 and 1999 c 165 s 18 are each amended to
read as follows:
(1) 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,
as defined in RCW 35.57.020, or a baseball stadium, as defined in RCW
82.14.0485. No county ((or)), city, or town within which the regional
center or baseball stadium is located may impose a tax of the same or
similar kind on any vehicle parking charges at the facility.
(2) 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.
(3) The tax authorized under this section ((shall)) must be at the
rate of not more than ten percent. The tax authorized by this section
with respect to a parking facility associated with a baseball stadium
must be used exclusively to fund repair, reequipping, and capital
improvement of the baseball stadium, and is not subject to the
requirements of RCW 36.100.010(4)."
SSB 5834 -
By Senators White, Murray, Fain, Hill, Eide, King
ADOPTED 05/24/2011
On page 1, line 2 of the title, after "arts" strike the remainder of the title and insert ", culture, heritage, tourism, and housing; and amending RCW 67.28.180, 36.38.010, and 36.100.220."
EFFECT: The amendment contains all the provisions of SSB 5834 and
adds a provision that beginning in 2021 at least 37.5% of the state
shared hotel/motel tax in King County may be used for affordable
workforce housing or services for homeless youth. Any remaining funds
shall be used for tourism related purposes that attract visitors to the
county.
Allows the admissions tax currently imposed at Safeco field to be
used for repairs or capital improvements at Safeco field. Also allows
the public facility district to impose a parking tax at Safeco field in
lieu of the city tax currently imposed there.