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Referendum 48
Referendum Bill No. 48
AN ACT Relating to a mechanism for financing stadium and exhibition
centers and education technology grants; amending RCW 82.29A.130,
67.70.240, 67.70.042, 39.42.060, 43.79A.040, 36.38.010, 36.32.235,
39.04.010, 39.10.120, 67.28.180, and 82.14.049; reenacting and amending
RCW 42.17.310; adding a new section to chapter 82.08 RCW; adding a new
section to chapter 82.14 RCW; adding new sections to chapter 67.70 RCW;
adding new sections to chapter 43.330 RCW; adding a new section to
chapter 36.38 RCW; adding a new section to chapter 39.30 RCW; adding a
new chapter to Title 36 RCW; adding a new chapter to Title 43 RCW;
creating new sections; providing a contingent expiration date;
providing for the submission of certain sections of this act to a vote
of the people; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
PART I
AUTHORITY CREATION AND POWERS
{+ NEW SECTION. +} Sec. 101. The definitions in this section
apply throughout this chapter unless the context clearly requires otherwise.
(1) "Design" includes architectural, engineering, and other related
professional services.
(2) "Develop" means, generally, the process of planning, designing,
financing, constructing, owning, operating, and leasing a project such
as a stadium and exhibition center.
(3) "Permanent seat license" means a transferable license sold to
a third party that, subject to certain conditions, restrictions, and
limitations, entitles the third party to purchase a season ticket to
professional football games of the professional football team played in
the stadium and exhibition center for so long as the team plays its
games in that facility.
(4) "Preconstruction" includes negotiations, including negotiations
with any team affiliate, planning, studies, design, and other
activities reasonably necessary before constructing a stadium and
exhibition center.
(5) "Professional football team" means a team that is a member of
the national football league or similar professional football
association.
(6) "Public stadium authority operation" means the formation and
ongoing operation of the public stadium authority, including the hiring
of employees, agents, attorneys, and other contractors, and the
acquisition and operation of office facilities.
(7) "Site acquisition" means the purchase or other acquisition of
any interest in real property including fee simple interests and
easements, which property interests constitute the site for a stadium
and exhibition center.
(8) "Site preparation" includes demolition of existing
improvements, environmental remediation, site excavation, shoring, and
construction and maintenance of temporary traffic and pedestrian
routing.
(9) "Stadium and exhibition center" means an open-air stadium
suitable for national football league football and for Olympic and
world cup soccer, with adjacent exhibition facilities, together with
associated parking facilities and other ancillary facilities.
(10) "Team affiliate" means a professional football team that will
use the stadium and exhibition center, and any affiliate of the team
designated by the team. An "affiliate of the team" means any person or
entity that controls, is controlled by, or is under common control with
the team.
{+ NEW SECTION. +} Sec. 102. (1) A public stadium authority may
be created in any county that has entered into a letter of intent
relating to the development of a stadium and exhibition center under
chapter . . ., Laws of 1997 (this act) with a team affiliate or an
entity that has a contractual right to become a team affiliate.
(2) A public stadium authority shall be created upon adoption of a
resolution providing for the creation of such an authority by the
county legislative authority in which the proposed authority is
located.
(3) A public stadium authority 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.
(4) The legislative authority of the county in which the public
stadium authority is located, or the council of any city located in
that county, may transfer property to the public stadium authority
created under this chapter. Property encumbered by debt may be
transferred by a county legislative authority or a city council to a
public stadium authority created to develop a stadium and exhibition
center under section 105 of this act, but obligation for payment of the
debt may not be transferred.
{+ NEW SECTION. +} Sec. 103. (1) A public stadium authority shall
be governed by a board of directors consisting of seven members
appointed by the governor. The speaker of the house of
representatives, the minority leader of the house of representatives,
the majority leader of the senate, and the minority leader of the
senate shall each recommend to the governor a person to be appointed to
the board.
(2) Members of the board of directors shall serve four-year terms
of office, except that three of the initial seven board members shall
serve two-year terms of office. The governor shall designate the
initial terms of office for the initial members who are appointed.
(3) A vacancy shall be filled in the same manner as the original
appointment was made and the person appointed to fill a vacancy shall
serve for the remainder of the unexpired term of the office for the
position to which he or she was appointed.
(4) A director appointed by the governor may be removed from office
by the governor.
{+ NEW SECTION. +} Sec. 104. (1) There is created a public
stadium authority advisory committee comprised of five members. The
advisory committee consists of: The director of the office of
financial management, who shall serve as chair; two members appointed
by the house of representatives, one each appointed by the speaker of
the house of representatives and the minority leader of the house of
representatives; and two members appointed by the senate, one each
appointed by the majority leader of the senate and the minority leader
of the senate.
(2) The advisory committee, prior to the final approval of any
lease with the master tenant or sale of stadium naming rights, shall
review and comment on the proposed lease agreement or sale of stadium
naming rights.
{+ NEW SECTION. +} Sec. 105. (1) The public stadium authority is
authorized to acquire, construct, own, remodel, maintain, equip,
reequip, repair, and operate a stadium and exhibition center as defined
in section 101 of this act.
(2) The public stadium authority may enter into agreements under
chapter 39.34 RCW for the joint provision and operation of a stadium
and exhibition center and may enter into contracts under chapter 39.34
RCW where any party to the contract provides and operates the stadium
and exhibition center for the other party or parties to the contract.
(3) Any employees of the public stadium authority shall be
unclassified employees not subject to the provisions of chapter 41.06
RCW and a public stadium authority may contract with a public or
private entity for the operation or management of the stadium and
exhibition center.
(4) The public stadium authority is authorized to use the
alternative supplemental public works contracting procedures set forth
in chapter 39.10 RCW in connection with the design, construction,
reconstruction, remodel, or alteration of a stadium and exhibition
center.
(5) The public stadium authority may impose charges and fees for
the use of the stadium and exhibition center, and may accept and expend
or use gifts, grants, and donations.
(6) The public stadium authority shall comply with the prevailing
wage requirements of chapter 39.12 RCW and goals established for women
and minority-business participation for the county.
{+ NEW SECTION. +} Sec. 106. In addition to other powers and
restrictions on a public stadium authority, the following apply to a
public stadium authority created to develop a stadium and exhibition
center under section 105 of this act:
(1) The public stadium authority, in consultation with the team
affiliate, shall have the authority to determine the stadium and
exhibition center site;
(2) The public stadium authority, in consultation with the team
affiliate, shall have the authority to establish the overall scope of
the stadium and exhibition center project, including, but not limited
to, stadium and exhibition center itself, associated exhibition
facilities, associated parking facilities, associated retail and office
development that are part of the stadium and exhibition center, and
ancillary services and facilities;
(3) The public stadium authority, in consultation with the team
affiliate, shall have the authority to make the final determination of
the stadium and exhibition center overall design and specification;
(4) The public stadium authority shall have the authority to
contract with a team affiliate for the provision of architectural,
engineering, environmental, and other professional services related to
the stadium and exhibition center site, design options, required
environmental studies, and necessary permits for the stadium and
exhibition center;
(5) The public stadium authority, in consultation with the team
affiliate, shall have the authority to establish the project budget on
the stadium and exhibition center project;
(6) The public stadium authority, in consultation with the team
affiliate, shall have the authority to make recommendations to the
state finance committee regarding the structure of the financing of the
stadium and exhibition center project;
(7) The public stadium authority shall have the authority to enter
into a development agreement with a team affiliate whereby the team
affiliate may control the development of the stadium and exhibition
center project, consistent with subsections (1) through (6) of this
section, in consideration of which the team affiliate assumes the risk
of costs of development that are in excess of the project budget
established under subsection (5) of this section. Under the
development agreement, the team affiliate shall determine bidding
specifications and requirements, and other aspects of development.
Under the development agreement, the team affiliate shall determine
procurement procedures and other aspects of development, and shall
select and engage an architect or architects and a contractor or
contractors for the stadium and exhibition center project, provided
that the construction, alterations, repairs, or improvements of the
stadium and exhibition center shall be subject to the prevailing wage
requirements of chapter 39.12 RCW and all phases of the development
shall be subject to the goals established for women and minority-
business participation for the county where the stadium and exhibition
center is located. The team affiliate shall, to the extent feasible,
hire local residents and in particular residents from the areas
immediately surrounding the stadium and exhibition center during the
construction and ongoing operation of the stadium and exhibition
center;
(8) The public stadium authority shall have the authority to enter
into a long-term lease agreement with a team affiliate whereby, in
consideration of the payment of fair rent and assumption of operating
and maintenance responsibilities, risk, legal liability, and costs
associated with the stadium and exhibition center, the team affiliate
becomes the sole master tenant of the stadium and exhibition center.
The master tenant lease agreement must require the team affiliate to
publicly disclose, on an annual basis, an audited profit and loss
financial statement. The team affiliate shall provide a guarantee,
security, or a letter of credit from a person or entity with a net
worth in excess of one hundred million dollars that guarantees a
maximum of ten years' payments of fair rent under the lease in the
event of the bankruptcy or insolvency of the team affiliate. The
master tenant shall have the power to sublease and enter into use,
license, and concession agreements with various users of the stadium
and exhibition center including the professional football team, and the
master tenant has the right to name the stadium and exhibition center,
subject to section 107 of this act. The master tenant shall meet
goals, established by the county where the stadium and exhibition
center is located, for women and minority employment for the operation
of the stadium and exhibition center. Except as provided in subsection
(10) of this section, the master tenant shall have the right to retain
revenues derived from the operation of the stadium and exhibition
center, including revenues from the sublease and uses, license and
concession agreements, revenues from suite licenses, concessions,
advertising, long-term naming rights subject to section 107 of this
act, and parking revenue. If federal law permits interest on bonds
issued to finance the stadium and exhibition center to be treated as
tax exempt for federal income tax purposes, the public stadium
authority and the team affiliate shall endeavor to structure and limit
the amounts, sources, and uses of any payments received by the state,
the county, the public stadium authority, or any related governmental
entity for the use or in respect to the stadium and exhibition center
in such a manner as to permit the interest on those bonds to be tax
exempt. As used in this subsection, "fair rent" is solely intended to
cover the reasonable operating expenses of the public stadium authority
and shall be not less than eight hundred fifty thousand dollars per
year with annual increases based on the consumer price index;
(9) Subject to section 210(2)(b)(ix) of this act, the public
stadium authority may reserve the right to discuss profit sharing from
the stadium and exhibition center from sources that have not been
identified at the time the long-term lease agreement is executed;
(10) The master tenant may retain an amount to cover the actual
cost of preparing the stadium and exhibition center for activities
involving the Olympic Games and world cup soccer. Revenues derived
from the operation of the stadium and exhibition center for activities
identified in this subsection that exceed the master tenant's actual
costs of preparing, operating, and restoring the stadium and exhibition
center must be deposited into the tourism development and promotion
account created in section 223 of this act;
(11) The public stadium authority, in consultation with a public
facilities district that is located within the county, shall work to
eliminate the use of the stadium and exhibition center for events
during the same time as events are held in the baseball stadium as
defined in RCW 82.14.0485;
(12) The public stadium authority, in consultation with the team
affiliate, must work to secure the hosting of a Super Bowl, if the
hosting requirements are changed by the national football league or
similar professional football association;
(13) The public stadium authority shall work with surrounding areas
to mitigate the impact of the construction and operation of the stadium
and exhibition center;
(14) The public stadium authority, in consultation with the office
of financial management, shall negotiate filming rights of the
demolition of the existing domed stadium on the stadium and exhibition
center site. All revenues derived from the filming of the demolition
of the existing domed stadium shall be deposited into the film and
video promotion account created in section 222 of this act; and
(15) The public stadium authority shall have the authority, upon
the agreement of the team affiliate, to sell permanent seat licenses,
and the team affiliate may act as the sales agent for this purpose.
{+ NEW SECTION. +} Sec. 107. Revenues from the sales of naming
rights of a stadium and exhibition center developed under section 105
of this act may only be used for costs associated with capital
improvements associated with modernization and maintenance of the
stadium and exhibition center. The sales of naming rights are subject
to the reasonable approval of the public stadium authority.
{+ NEW SECTION. +} Sec. 108. A public stadium authority may
accept and expend moneys that may be donated for the purpose of a
stadium and exhibition center.
{+ NEW SECTION. +} Sec. 109. (1) The public stadium authority,
the county, and the city, if any, in which the stadium and exhibition
center is to be located shall enter into one or more agreements
regarding the construction of a stadium and exhibition center. The
agreements shall address, but not be limited to:
(a) Expedited permit processing for the design and construction of
the stadium and exhibition center project;
(b) Expedited environmental review processing;
(c) Expedited processing of requests for street, right of way, or
easement vacations necessary for the construction of the stadium and
exhibition center project; and
(d) Other items deemed necessary for the design and construction of
the stadium and exhibition center project.
(2) The county shall assemble such real property and associated
personal property as the public stadium authority and the county
mutually determine to be necessary as a site for the stadium and
exhibition center. Property that is necessary for this purpose that is
owned by the county on or after the effective date of this section
shall be contributed to the authority, and property that is necessary
for this purpose that is acquired by the county on or after the
effective date of this section shall be conveyed to the authority.
Property that is encumbered by debt may be transferred by the county to
the authority, but obligation for payment of the debt may not be
transferred.
(3) A new exhibition facility of at least three hundred twenty-five
thousand square feet, with adequate on-site parking, shall be
constructed and operational before any domed stadium in the county is
demolished or rendered unusable. Demolition of any existing structure
and construction of the stadium and exhibition center shall be
reasonably executed in a manner that minimizes impacts, including
access and parking, upon existing facilities, users, and neighborhoods.
No county or city may exercise authority under any landmarks
preservation statute or ordinance in order to prevent or delay the
demolition of any existing domed stadium at the site of the stadium and
exhibition center.
{+ NEW SECTION. +} Sec. 110. A public stadium authority may
acquire and transfer real and personal property by lease, sublease,
purchase, or sale.
{+ NEW SECTION. +} Sec. 111. (1) The board of directors of the
public stadium authority shall adopt a resolution that may be amended
from time to time that shall establish the basic requirements governing
methods and amounts of reimbursement payable to such authority and
employees for travel and other business expenses incurred on behalf of
the authority. The resolution shall, among other things, establish
procedures for approving such expenses; the form of the travel and
expense voucher; and requirements governing the use of credit cards
issued in the name of the authority. The resolution may also establish
procedures for payment of per diem to board members. The state auditor
shall, as provided by general law, cooperate with the public stadium
authority in establishing adequate procedures for regulating and
auditing the reimbursement of all such expenses.
(2) The board of directors shall transmit a copy of the adopted
annual operating budget of the public stadium authority to the governor
and the majority leader and minority leader of the house of
representatives and the senate. The budget information shall include,
but is not limited to a statement of income and expenses of the public
stadium authority.
{+ NEW SECTION. +} Sec. 112. The board of directors of the public
stadium authority may authorize payment of actual and necessary
expenses of officers and employees for lodging, meals, and travel-
related costs incurred in attending meetings or conferences on behalf
of the public stadium authority and strictly in the public interest and
for public purposes. Officers and employees may be advanced sufficient
sums to cover their anticipated expenses in accordance with rules
adopted by the state auditor, which shall substantially conform to the
procedures provided in RCW 43.03.150 through 43.03.210.
{+ NEW SECTION. +} Sec. 113. Each member of the board of
directors of the public stadium authority may receive compensation of
fifty dollars per day for attending meetings or conferences on behalf
of the authority, not to exceed three thousand dollars per year. A
director may waive all or a portion of his or her compensation under
this section as to a month or months during his or her term of office,
by a written waiver filed with the public stadium authority. The
compensation provided in this section is in addition to reimbursement
for expenses paid to the directors by the public stadium authority.
{+ NEW SECTION. +} Sec. 114. The board of directors of the public
stadium authority may purchase liability insurance with such limits as
the directors may deem reasonable for the purpose of protecting and
holding personally harmless authority officers and employees against
liability for personal or bodily injuries and property damage arising
from their acts or omissions while performing or in good faith
purporting to perform their official duties.
{+ NEW SECTION. +} Sec. 115. Whenever an action, claim, or
proceeding is instituted against a person who is or was an officer or
employee of the public stadium authority arising out of the performance
of duties for or employment with the authority, the public stadium
authority may grant a request by the person that the attorney of the
authority's choosing be authorized to defend the claim, suit, or
proceeding, and the costs of defense, attorneys' fees, and obligation
for payments arising from the action may be paid from the authority's
funds. Costs of defense or judgment or settlement against the person
shall not be paid in a case where the court has found that the person
was not acting in good faith or within the scope of employment with or
duties for the public stadium authority.
{+ NEW SECTION. +} Sec. 116. The board of directors of the public
stadium authority shall have authority to authorize the expenditure of
funds for the public purposes of preparing and distributing information
to the general public about the stadium and exhibition center.
{+ NEW SECTION. +} Sec. 117. The public stadium authority shall
have authority to create and fill positions, fix wages and salaries,
pay costs involved in securing or arranging to secure employees, and
establish benefits for employees, including holiday pay, vacations or
vacation pay, retirement benefits, medical, life, accident, or health
disability insurance, as approved by the board. Public stadium
authority board members, at their own expense, shall be entitled to
medical, life, accident, or health disability insurance. Insurance for
employees and board members shall not be considered compensation.
Authority coverage for the board is not to exceed that provided public
stadium authority employees.
{+ NEW SECTION. +} Sec. 118. The public stadium authority may
secure services by means of an agreement with a service provider. The
public stadium authority shall publish notice, establish criteria,
receive and evaluate proposals, and negotiate with respondents under
requirements set forth by authority resolution.
{+ NEW SECTION. +} Sec. 119. The public stadium authority may
refuse to disclose financial information on the master tenant,
concessioners, the team affiliate, or subleasee under RCW 42.17.310.
Sec. 120. RCW 42.17.310 and 1996 c 305 s 2, 1996 c 253 s 302, 1996
c 191 s 88, and 1996 c 80 s 1 are each reenacted and amended to read as
follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in
public schools, patients or clients of public institutions or public
health agencies, or welfare recipients.
(b) Personal information in files maintained for employees,
appointees, or elected officials of any public agency to the extent
that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the
assessment or collection of any tax if the disclosure of the
information to other persons would (i) be prohibited to such persons by
RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result
in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative
records compiled by investigative, law enforcement, and penology
agencies, and state agencies vested with the responsibility to
discipline members of any profession, the nondisclosure of which is
essential to effective law enforcement or for the protection of any
person's right to privacy.
(e) Information revealing the identity of persons who are witnesses
to or victims of crime or who file complaints with investigative, law
enforcement, or penology agencies, other than the public disclosure
commission, if disclosure would endanger any person's life, physical
safety, or property. If at the time a complaint is filed the
complainant, victim or witness indicates a desire for disclosure or
nondisclosure, such desire shall govern. However, all complaints filed
with the public disclosure commission about any elected official or
candidate for public office must be made in writing and signed by the
complainant under oath.
(f) Test questions, scoring keys, and other examination data used
to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real
estate appraisals, made for or by any agency relative to the
acquisition or sale of property, until the project or prospective sale
is abandoned or until such time as all of the property has been
acquired or the property to which the sale appraisal relates is sold,
but in no event shall disclosure be denied for more than three years
after the appraisal.
(h) Valuable formulae, designs, drawings, and research data
obtained by any agency within five years of the request for disclosure
when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency
memorandums in which opinions are expressed or policies formulated or
recommended except that a specific record shall not be exempt when
publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency
is a party but which records would not be available to another party
under the rules of pretrial discovery for causes pending in the
superior courts.
(k) Records, maps, or other information identifying the location of
archaeological sites in order to avoid the looting or depredation of
such sites.
(l) Any library record, the primary purpose of which is to maintain
control of library materials, or to gain access to information, which
discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person,
firm, or corporation for the purpose of qualifying to submit a bid or
proposal for (i) a ferry system construction or repair contract as
required by RCW 47.60.680 through 47.60.750 or (ii) highway
construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with
the utilities and transportation commission under RCW 81.34.070, except
that the summaries of the contracts are open to public inspection and
copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by
private persons pertaining to export services provided pursuant to
chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to
export projects pursuant to RCW 43.23.035.
(p) Financial disclosures filed by private vocational schools under
chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation commission
or attorney general under RCW 80.04.095 that a court has determined are
confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by
businesses or individuals during application for loans or program
services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW,
or during application for economic development loans or program
services provided by any local agency.
(s) Membership lists or lists of members or owners of interests of
units in timeshare projects, subdivisions, camping resorts,
condominiums, land developments, or common-interest communities
affiliated with such projects, regulated by the department of
licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of
applicants, resumes, and other related materials submitted with respect
to an applicant.
(u) The residential addresses and residential telephone numbers of
employees or volunteers of a public agency which are held by the agency
in personnel records, employment or volunteer rosters, or mailing lists
of employees or volunteers.
(v) The residential addresses and residential telephone numbers of
the customers of a public utility contained in the records or lists
held by the public utility of which they are customers.
(w)(i) The federal social security number of individuals governed
under chapter 18.130 RCW maintained in the files of the department of
health, except this exemption does not apply to requests made directly
to the department from federal, state, and local agencies of
government, and national and state licensing, credentialing,
investigatory, disciplinary, and examination organizations; (ii) the
current residential address and current residential telephone number of
a health care provider governed under chapter 18.130 RCW maintained in
the files of the department, if the provider requests that this
information be withheld from public inspection and copying, and
provides to the department an accurate alternate or business address
and business telephone number. On or after January 1, 1995, the
current residential address and residential telephone number of a
health care provider governed under RCW 18.130.140 maintained in the
files of the department shall automatically be withheld from public
inspection and copying unless the provider specifically requests the
information be released, and except as provided for under RCW
42.17.260(9).
(x) Information obtained by the board of pharmacy as provided in
RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department
of health and its representatives as provided in RCW 69.41.044,
69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and
any information produced or obtained in evaluating or examining a
business and industrial development corporation organized or seeking
certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state
investment board by any person when the information relates to the
investment of public trust or retirement funds and when disclosure
would result in loss to such funds or in private loss to the providers
of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic
violence program as defined in RCW 70.123.020 or 70.123.075 or a rape
crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency
employee: (i) Seeks advice, under an informal process established by
the employing agency, in order to ascertain his or her rights in
connection with a possible unfair practice under chapter 49.60 RCW
against the person; and (ii) requests his or her identity or any
identifying information not be disclosed.
(ee) Investigative records compiled by an employing agency
conducting a current investigation of a possible unfair practice under
chapter 49.60 RCW or of a possible violation of other federal, state,
or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public inspection
and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by the clean Washington
center in applications for, or delivery of, program services under
chapter 70.95H RCW.
(hh) Information and documents created specifically for, and
collected and maintained by a quality improvement committee pursuant to
RCW 43.70.510, regardless of which agency is in possession of the
information and documents.
(ii) Personal information in files maintained in a data base
created under RCW 43.07.360.
{+ (jj) Financial and commercial information requested by the
public stadium authority from any person or organization that leases or
uses the stadium and exhibition center as defined in section 101 of
this act. +}
(2) Except for information described in subsection (1)(c)(i) of
this section and confidential income data exempted from public
inspection pursuant to RCW 84.40.020, the exemptions of this section
are inapplicable to the extent that information, the disclosure of
which would violate personal privacy or vital governmental interests,
can be deleted from the specific records sought. No exemption may be
construed to permit the nondisclosure of statistical information not
descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the
provisions of this section may be permitted if the superior court in
the county in which the record is maintained finds, after a hearing
with notice thereof to every person in interest and the agency, that
the exemption of such records is clearly unnecessary to protect any
individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of
any public record shall include a statement of the specific exemption
authorizing the withholding of the record (or part) and a brief
explanation of how the exemption applies to the record withheld.
PART II
FINANCING
{+ NEW SECTION. +} Sec. 201. (1) The governing board of a public
stadium authority may apply for deferral of taxes on the construction
of buildings, site preparation, and the acquisition of related
machinery and equipment for a stadium and exhibition center.
Application shall be made to the department of revenue in a form and
manner prescribed by the department of revenue. The application shall
contain information regarding the location of the stadium and
exhibition center, estimated or actual costs, time schedules for
completion and operation, and other information required by the
department of revenue. The department of revenue shall approve the
application within sixty days if it meets the requirements of this
section.
(2) The department of revenue shall issue a sales and use tax
deferral certificate for state and local sales and use taxes due under
chapters 82.08, 82.12, and 82.14 RCW on the public facility.
(3) The public stadium authority shall begin paying the deferred
taxes in the fifth year after the date certified by the department of
revenue as the date on which the stadium and exhibition center is
operationally complete. The first payment is due on December 31st of
the fifth calendar year after such certified date, with subsequent
annual payments due on December 31st of the following nine years. Each
payment shall equal ten percent of the deferred tax.
(4) The department of revenue may authorize an accelerated
repayment schedule upon request of the public stadium authority.
(5) Interest shall not be charged on any taxes deferred under this
section for the period of deferral, although all other penalties and
interest applicable to delinquent excise taxes may be assessed and
imposed for delinquent payments under this section. The debt for
deferred taxes is not extinguished by insolvency or other failure of
the public stadium authority.
(6) The repayment of deferred taxes and interest, if any, shall be
deposited into the stadium and exhibition center account created in
section 214 of this act and used to retire bonds issued under section
210 of this act to finance the construction of the stadium and
exhibition center.
(7) Applications and any other information received by the
department of revenue under this section are not confidential and are
subject to disclosure. Chapter 82.32 RCW applies to the administration
of this section.
Sec. 202. RCW 82.29A.130 and 1995 3rd sp.s. c 1 s 307 are each
amended to read as follows:
The following leasehold interests shall be exempt from taxes
imposed pursuant to RCW 82.29A.030 and 82.29A.040:
(1) All leasehold interests constituting a part of the operating
properties of any public utility which is assessed and taxed as a
public utility pursuant to chapter 84.12 RCW.
(2) All leasehold interests in facilities owned or used by a
school, college or university which leasehold provides housing for
students and which is otherwise exempt from taxation under provisions
of RCW 84.36.010 and 84.36.050.
(3) All leasehold interests of subsidized housing where the fee
ownership of such property is vested in the government of the United
States, or the state of Washington or any political subdivision thereof
but only if income qualification exists for such housing.
(4) All leasehold interests used for fair purposes of a nonprofit
fair association that sponsors or conducts a fair or fairs which
receive support from revenues collected pursuant to RCW 67.16.100 and
allocated by the director of the department of agriculture where the
fee ownership of such property is vested in the government of the
United States, the state of Washington or any of its political
subdivisions: PROVIDED, That this exemption shall not apply to the
leasehold interest of any sublessee of such nonprofit fair association
if such leasehold interest would be taxable if it were the primary
lease.
(5) All leasehold interests in any property of any public entity
used as a residence by an employee of that public entity who is
required as a condition of employment to live in the publicly owned
property.
(6) All leasehold interests held by enrolled Indians of lands owned
or held by any Indian or Indian tribe where the fee ownership of such
property is vested in or held in trust by the United States and which
are not subleased to other than to a lessee which would qualify
pursuant to this chapter, RCW 84.36.451 and 84.40.175.
(7) All leasehold interests in any real property of any Indian or
Indian tribe, band, or community that is held in trust by the United
States or is subject to a restriction against alienation imposed by the
United States: PROVIDED, That this exemption shall apply only where it
is determined that contract rent paid is greater than or equal to
ninety percent of fair market rental, to be determined by the
department of revenue using the same criteria used to establish taxable
rent in RCW 82.29A.020(2)(b).
(8) All leasehold interests for which annual taxable rent is less
than two hundred fifty dollars per year. For purposes of this
subsection leasehold interests held by the same lessee in contiguous
properties owned by the same lessor shall be deemed a single leasehold
interest.
(9) All leasehold interests which give use or possession of the
leased property for a continuous period of less than thirty days:
PROVIDED, That for purposes of this subsection, successive leases or
lease renewals giving substantially continuous use of possession of the
same property to the same lessee shall be deemed a single leasehold
interest: PROVIDED FURTHER, That no leasehold interest shall be deemed
to give use or possession for a period of less than thirty days solely
by virtue of the reservation by the public lessor of the right to use
the property or to allow third parties to use the property on an
occasional, temporary basis.
(10) All leasehold interests under month-to-month leases in
residential units rented for residential purposes of the lessee pending
destruction or removal for the purpose of constructing a public highway
or building.
(11) All leasehold interests in any publicly owned real or personal
property to the extent such leasehold interests arises solely by virtue
of a contract for public improvements or work executed under the public
works statutes of this state or of the United States between the public
owner of the property and a contractor.
(12) All leasehold interests that give use or possession of state
adult correctional facilities for the purposes of operating
correctional industries under RCW 72.09.100.
(13) All leasehold interests used to provide organized and
supervised recreational activities for disabled persons of all ages in
a camp facility and for public recreational purposes by a nonprofit
organization, association, or corporation that would be exempt from
property tax under RCW 84.36.030(1) if it owned the property. If the
publicly owned property is used for any taxable purpose, the leasehold
excise taxes set forth in RCW 82.29A.030 and 82.29A.040 shall be
imposed and shall be apportioned accordingly.
(14) All leasehold interests in the public or entertainment areas
of a baseball stadium with natural turf and a retractable roof or
canopy that is in a county with a population of over one million, that
has a seating capacity of over forty thousand, and that is constructed
on or after January 1, 1995. "Public or entertainment areas" include
ticket sales areas, ramps and stairs, lobbies and concourses, parking
areas, concession areas, restaurants, hospitality and stadium club
areas, kitchens or other work areas primarily servicing other public or
entertainment areas, public rest room areas, press and media areas,
control booths, broadcast and production areas, retail sales areas,
museum and exhibit areas, scoreboards or other public displays, storage
areas, loading, staging, and servicing areas, seating areas and suites,
the playing field, and any other areas to which the public has access
or which are used for the production of the entertainment event or
other public usage, and any other personal property used for these
purposes. "Public or entertainment areas" does not include locker
rooms or private offices exclusively used by the lessee.
{+ (15) All leasehold interests in the public or entertainment areas
of a stadium and exhibition center, as defined in section 101 of this
act, that is constructed on or after January 1, 1998. For the purposes
of this subsection, "public or entertainment areas" has the same
meaning as in subsection (14) of this section, and includes exhibition
areas. +}
{+ NEW SECTION. +} Sec. 203. A new section is added to chapter
82.08 RCW to read as follows:
The tax levied by RCW 82.08.020 does not apply to vehicle parking
charges that are subject to tax under section 302 of this act.
{+ NEW SECTION. +} Sec. 204. A new section is added to chapter
82.14 RCW to read as follows:
(1) The legislative authority of a county that has created a public
stadium authority to develop a stadium and exhibition center under
section 105 of this act may impose a sales and use tax in accordance
with 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 county. The rate of tax shall be 0.016
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 county.
(3) Before the issuance of bonds in section 210 of this act, all
revenues collected on behalf of the county under this section shall be
transferred to the public stadium authority. After bonds are issued
under section 210 of this act, all revenues collected on behalf of the
county under this section shall be deposited in the stadium and
exhibition center account under section 214 of this act.
(4) The definitions in section 101 of this act apply to this
section.
(5) This section expires on the earliest of the following dates:
(a) December 31, 1999, if the conditions for issuance of bonds
under section 210 of this act have not been met before that date;
(b) The date on which all bonds issued under section 210 of this
act have been retired; or
(c) Twenty-three years after the date the tax under this section is
first imposed.
{+ NEW SECTION. +} Sec. 205. A new section is added to chapter
67.70 RCW to read as follows:
The lottery commission shall conduct new games that are in addition
to any games conducted under RCW 67.70.042 and are intended to generate
additional moneys sufficient to cover the distributions under RCW
67.70.240(5). No game may be conducted under this section before
January 1, 1998. No game may be conducted under this section after
December 31, 1999, unless the conditions for issuance of the bonds
under section 210(2) of this act are met, and no game is required to be
conducted after the distributions cease under RCW 67.70.240(5).
For the purposes of this section, the lottery may accept and market
prize promotions provided in conjunction with private-sector marketing
efforts.
Sec. 206. RCW 67.70.240 and 1995 3rd sp.s. c 1 s 105 are each
amended to read as follows:
The moneys in the state lottery account shall be used only:
(1) For the payment of prizes to the holders of winning lottery
tickets or shares;
(2) {+ F +}or purposes of making deposits into the reserve account
created by RCW 67.70.250 and into the lottery administrative account
created by RCW 67.70.260;
(3) {+ F +}or purposes of making deposits into the state's general
fund;
(4) (({- for purposes of making deposits into the housing trust
fund under the provisions of section 7 of this 1987 act; (5) -})) {+ F
+}or distribution to a county for the purpose of paying the principal
and interest payments on bonds issued by the county to construct a
baseball stadium, as defined in RCW 82.14.0485, including reasonably
necessary preconstruction costs(({- ; (6) for the purchase and
promotion of lottery games and game-related services; and (7) for the
payment of agent compensation -})). Three million dollars shall be
distributed under {+ this +} subsection (({- (5) of this section -}))
during calendar year 1996. During subsequent years, such distributions
shall equal the prior year's distributions increased by four percent.
Distributions under {+ this +} subsection (({- (5) of this section -}))
shall cease when the bonds issued for the construction of the baseball
stadium are retired, but not more than twenty years after the tax under
RCW 82.14.0485 is first imposed{+ ;
(5) For distribution to the stadium and exhibition center account,
created in section 214 of this act. Subject to the conditions of
section 215 of this act, six million dollars shall be distributed under
this subsection during the calendar year 1998. During subsequent
years, such distribution shall equal the prior year's distributions
increased by four percent. No distribution may be made under this
subsection after December 31, 1999, unless the conditions for issuance
of the bonds under section 210(2) of this act are met. Distributions
under this subsection shall cease when the bonds are retired, but not
later than December 31, 2020;
(6) For the purchase and promotion of lottery games and game-
related services; and
(7) For the payment of agent compensation +}.
The office of financial management shall require the allotment of
all expenses paid from the account and shall report to the ways and
means committees of the senate and house of representatives any changes
in the allotments.
Sec. 207. RCW 67.70.042 and 1995 3rd sp.s. c 1 s 104 are each
amended to read as follows:
The lottery commission shall conduct at least two but not more than
four scratch games with sports themes per year. These games are
intended to generate additional moneys sufficient to cover the
distributions under RCW 67.70.240(({- (5) -})) {+ (4) +}.
{+ NEW SECTION. +} Sec. 208. A new section is added to chapter
67.70 RCW to read as follows:
The person or entity responsible for operating a stadium and
exhibition center as defined in section 101 of this act shall promote
the lottery with any combination of in-kind advertising, sponsorship,
or prize promotions, valued at one million dollars annually beginning
January 1998 and increased by four percent each year thereafter for the
purpose of increasing lottery sales of games authorized under section
205 of this act. The content and value of the advertising sponsorship
or prize promotions are subject to reasonable approval in advance by
the lottery commission. The obligation of this section shall cease
when the distributions under RCW 67.70.240(5) end, but not later than
December 31, 2020.
{+ NEW SECTION. +} Sec. 209. The definitions in section 101 of
this act apply to this chapter.
{+ NEW SECTION. +} Sec. 210. (1) For the purpose of providing
funds to pay for operation of the public stadium authority created
under section 102 of this act, to pay for the preconstruction, site
acquisition, design, site preparation, construction, owning, leasing,
and equipping of the stadium and exhibition center, and to reimburse
the county or the public stadium authority for its direct or indirect
expenditures or to repay other indebtedness incurred for these
purposes, the state finance committee is authorized to issue general
obligation bonds of the state of Washington in the sum of three hundred
million dollars, or so much thereof as may be required, for these
purposes and all costs incidental thereto. Bonds authorized in this
section may be sold at such price as the state finance committee shall
determine.
(2) Bonds shall not be issued under this section unless the public
stadium authority has certified to the director of financial management
that:
(a) A professional football team has made a binding and legally
enforceable contractual commitment to play all of its regular season
and playoff home games in the stadium and exhibition center, other than
games scheduled elsewhere by the league, for a period of time not
shorter than the term of the bonds issued or to be issued to finance
the initial construction of the stadium and exhibition center;
(b) A team affiliate has entered into one or more binding and
legally enforceable contractual commitments with a public stadium
authority under section 105 of this act that provide that:
(i) The team affiliate assumes the risks of cost overruns;
(ii) The team affiliate shall raise at least one hundred million
dollars, less the amount, if any, raised by the public stadium
authority under section 106(15) of this act. The total one hundred
million dollars raised, which may include cash payments and in-kind
contributions, but does not include any interest earned on the escrow
account described in section 211 of this act, shall be applied toward
the reasonably necessary preconstruction, site acquisition, design,
site preparation, construction, and equipping of the stadium and
exhibition center, or to any associated public purpose separate from
bond-financed expenses. No part of the payment may be made without the
consent of the public stadium authority. In any event, all amounts to
be raised by the team affiliate under (b)(ii) of this subsection shall
be paid or expended before the completion of the construction of the
stadium and exhibition center. To the extent possible, contributions
shall be structured in a manner that would allow for the issuance of
bonds to construct the stadium and exhibition center that are exempt
from federal income taxes;
(iii) The team affiliate shall deposit at least ten million dollars
into the youth athletic facility grant account created in section 214
of this act upon execution of the lease and development agreements in
section 106 (7) and (8) of this act;
(iv) At least ten percent of the seats in the stadium for home
games of the professional football team shall be for sale at an
affordable price. For the purposes of this subsection, "affordable
price" means that the price is the average of the lowest ticket prices
charged by all other national football league teams;
(v) One executive suite with a minimum of twenty seats must be made
available, on a lottery basis, as a free upgrade, at home games of the
professional football team, to purchasers of tickets that are not
located in executive suites or club seat areas;
(vi) A nonparticipatory interest in the professional football team
has been granted to the state beginning on the date on which bonds are
issued under this section which only entitles the state to receive ten
percent of the gross selling price of the interest in the team that is
sold if a majority interest or more of the professional football team
is sold within twenty-five years of the date on which bonds are issued
under the section. The ten percent shall apply to all preceding sales
of interests in the team which comprise the majority interest sold.
This provision shall apply only to the first sale of such a majority
interest. The ten percent must be deposited in the permanent common
school fund. If the debt is retired at the time of the sale, then the
ten percent may only be used for costs associated with capital
maintenance, capital improvements, renovations, reequipping,
replacement, and operations of the stadium and exhibition center;
(vii) The team affiliate must provide reasonable office space to
the public stadium authority without charge;
(viii) The team affiliate, in consultation with the public stadium
authority, shall work with surrounding areas to mitigate the impact of
the construction and operation of the stadium and exhibition center
with a budget of at least ten million dollars dedicated to area
mitigation. For purposes of this subsection, "mitigation" includes,
but is not limited to, parking facilities and amenities, neighborhood
beautification projects and landscaping, financial grants for
neighborhood programs intended to mitigate adverse impacts caused by
the construction and operation of the stadium and exhibition center,
and mitigation measures identified in the environmental impact
statement required for the stadium and exhibition center under chapter
43.21C RCW; and
(ix) Twenty percent of the net profit from the operation of the
exhibition facility of the stadium and exhibition center shall be
deposited into the permanent common school fund. Profits shall be
verified by the public stadium authority.
{+ NEW SECTION. +} Sec. 211. On or before August 1, 1997: (1) The
state treasurer and a team affiliate or an entity that has an option to
become a team affiliate shall enter into an escrow agreement creating
an escrow account; and (2) the team affiliate or the entity that has an
option to become a team affiliate shall deposit the sum of fifty
million dollars into the escrow account as a credit against the
obligation of the team affiliate in section 210(2)(b)(ii) of this act.
The escrow agreement shall provide that the fifty million dollar
deposit shall be invested by the state treasurer and shall earn
interest. If the stadium and exhibition center project proceeds, then
the interest on amounts in the escrow account shall be for the benefit
of the state, and all amounts in the escrow account, including all
principal and interest, shall be distributed to the stadium and
exhibition center account. The escrow agreement shall provide for
appropriate adjustments based on amounts previously and subsequently
raised by the team affiliate under section 210(2)(b)(ii) of this act
and amounts previously and subsequently raised by the public stadium
authority under section 106(15) of this act. If the stadium and
exhibition center project does not proceed, all principal and the
interest in the escrow account shall be distributed to the team
affiliate or the entity that has an option to become a team affiliate.
{+ NEW SECTION. +} Sec. 212. The proceeds from the sale of the
bonds authorized in section 210 of this act shall be deposited in the
stadium and exhibition center construction account, hereby created in
the custody of the state treasurer, and shall be used exclusively for
the purposes specified in section 210 of this act and for the payment
of expenses incurred in the issuance and sale of the bonds. These
proceeds shall be administered by the office of financial management.
Only the director of the office of financial management or the
director's designee may authorize expenditures from the account. The
account is subject to the allotment procedures under chapter 43.88 RCW,
but an appropriation is not required for expenditures. At the
direction of the office of financial management the state treasurer
shall transfer moneys from the stadium and exhibition center
construction account to the public stadium authority created in section
102 of this act as required by the public stadium authority.
{+ NEW SECTION. +} Sec. 213. The nondebt-limit reimbursable bond
retirement account shall be used for the payment of the principal of
and interest on the bonds authorized in section 210 of this act.
The state finance committee shall, on or before June 30th of each
year, certify to the state treasurer the amount needed in the ensuing
twelve months to meet the bond retirement and interest requirements.
On each date on which any interest or principal and interest payment is
due, the state treasurer shall transfer from the stadium and exhibition
center account to the nondebt-limit reimbursable bond retirement
account an amount equal to the amount certified by the state finance
committee to be due on the payment date.
Bonds issued under section 210 of this act shall state that they
are a general obligation of the state of Washington, shall pledge the
full faith and credit of the state to the payment of the principal
thereof and the interest thereon, and shall contain an unconditional
promise to pay the principal and interest as the same shall become due.
If in any year the amount accumulated in the stadium and exhibition
center account is insufficient for payment of the principal and
interest on the bonds issued under section 210 of this act, the amount
of the insufficiency shall be a continuing obligation against the
stadium and exhibition center account until paid.
The owner and holder of each of the bonds or the trustee for the
owner and holder of any of the bonds may by mandamus or other
appropriate proceeding require the transfer and payment of funds as
directed in this section.
{+ NEW SECTION. +} Sec. 214. (1) The stadium and exhibition
center account is created in the custody of the state treasurer. All
receipts from the taxes imposed under section 204 of this act and
distributions under RCW 67.70.240(5) shall be deposited into the
account. Only the director of the office of financial management or
the director's designee may authorize expenditures from the account.
The account is subject to allotment procedures under chapter 43.88 RCW.
An appropriation is not required for expenditures from this account.
(2) Until bonds are issued under section 210 of this act, up to
five million dollars per year beginning January 1, 1999, shall be used
for the purposes of subsection (3)(b) of this section, all remaining
moneys in the account shall be transferred to the public stadium
authority, created under section 102 of this act, to be used for public
stadium authority operations and development of the stadium and
exhibition center.
(3) After bonds are issued under section 210 of this act, all
moneys in the stadium and exhibition center account shall be used
exclusively for the following purposes in the following priority:
(a) On or before June 30th of each year, the office of financial
management shall accumulate in the stadium and exhibition center
account an amount at least equal to the amount required in the next
succeeding twelve months for the payment of principal of and interest
on the bonds issued under section 210 of this act;
(b) An additional reserve amount not in excess of the expected
average annual principal and interest requirements of bonds issued
under section 210 of this act shall be accumulated and maintained in
the account, subject to withdrawal by the state treasurer at any time
if necessary to meet the requirements of (a) of this subsection, and,
following any withdrawal, reaccumulated from the first tax revenues and
other amounts deposited in the account after meeting the requirements
of (a) of this subsection; and
(c) The balance, if any, shall be transferred to the youth athletic
facility grant account under subsection (4) of this section.
Any revenues derived from the taxes authorized by RCW 36.38.010(5)
and section 302 of this act or other amounts that if used as provided
under (a) and (b) of this subsection would cause the loss of any tax
exemption under federal law for interest on bonds issued under section
210 of this act shall be deposited in and used exclusively for the
purposes of the youth athletic facility grant account and shall not be
used, directly or indirectly, as a source of payment of principal of or
interest on bonds issued under section 210 of this act, or to replace
or reimburse other funds used for that purpose.
(4) Any moneys in the stadium and exhibition center account not
required or permitted to be used for the purposes described in
subsection (3)(a) and (b) of this section shall be deposited in the
youth athletic facility grant account hereby created in the state
treasury. Expenditures from the account may be used only for purposes
of grants to cities, counties, and qualified nonprofit organizations
for youth athletic facilities. Only the director of the interagency
committee for outdoor recreation or the director's designee may
authorize expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures. The athletic facility grants may be
used for acquiring, developing, equipping, maintaining, and improving
youth or community athletic facilities. Funds shall be divided equally
between the development of new athletic facilities, the improvement of
existing athletic facilities, and the maintenance of existing athletic
facilities. Cities, counties, and qualified nonprofit organizations
must submit proposals for grants from the account. To the extent that
funds are available, cities, counties, and qualified nonprofit
organizations must meet eligibility criteria as established by the
director of the interagency committee for outdoor recreation. The
grants shall be awarded on a competitive application process and the
amount of the grant shall be in proportion to the population of the
city or county for where the youth athletic facility is located.
Grants awarded in any one year need not be distributed in that year.
The director of the interagency committee for outdoor recreation may
expend up to one and one-half percent of the moneys deposited in the
account created in this subsection for administrative purposes.
{+ NEW SECTION. +} Sec. 215. Unless the office of financial
management certifies by December 31, 1997, that the following
conditions have been met, sections 201 through 208 of this act are null
and void:
(1) The professional football team that will use the stadium and
exhibition center is at least majority-owned and controlled by,
directly or indirectly, one or more persons who are each residents of
the state of Washington and who have been residents of the state of
Washington continuously since at least January 1, 1993;
(2) The county in which the stadium and exhibition center is to be
constructed has created a public stadium authority under this chapter
to acquire property, construct, own, remodel, maintain, equip, reequip,
repair, and operate a stadium and exhibition center;
(3) The county in which the stadium and exhibition center is to be
constructed has enacted the taxes authorized in RCW 36.38.010(5) and
section 302 of this act; and
(4) The county in which the stadium and exhibition center is to be
constructed pledges to maintain and continue the taxes authorized in
RCW 36.38.010(5), 67.28.180, and section 302 of this act until the
bonds authorized in section 210 of this act are fully redeemed, both
principal and interest.
{+ NEW SECTION. +} Sec. 216. The legislature may provide
additional means for raising moneys for the payment of the principal of
and interest on the bonds authorized in section 210 of this act, and
section 213 of this act shall not be deemed to provide an exclusive
method for the payment.
{+ NEW SECTION. +} Sec. 217. The bonds authorized in section 210
of this act shall be a legal investment for all state funds or funds
under state control and for all funds of any other public body.
{+ NEW SECTION. +} Sec. 218. (1) The total public share of a
stadium and exhibition center shall not exceed three hundred million
dollars. For the purposes of this section, "total public share" means
all state and local funds expended for preconstruction and construction
costs of the stadium and exhibition center, including proceeds of any
bonds issued for the purposes of the stadium and exhibition center, tax
revenues, and interest earned on the escrow account described in
section 211 of this act and not including expenditures for deferred
sales taxes.
(2) Sections 201 through 207, chapter . . ., Laws of 1997 (sections
201 through 207 of this act) and this chapter constitute the entire
state contribution for a stadium and exhibition center. The state will
not make any additional contributions based on revised cost or revenue
estimates, cost overruns, unforeseen circumstances, or any other
reason.
{+ NEW SECTION. +} Sec. 219. The bonds authorized for the
purposes identified in section 210 of this act are exempt from the
statutory limitations of indebtedness under RCW 39.42.060.
Sec. 220. RCW 39.42.060 and 1993 c 52 s 1 are each amended to read
as follows:
No bonds, notes, or other evidences of indebtedness for borrowed
money shall be issued by the state which will cause the aggregate debt
contracted by the state to exceed that amount for which payments of
principal and interest in any fiscal year would require the state to
expend more than seven percent of the arithmetic mean of its general
state revenues, as defined in section 1(c) of Article VIII of the
Washington state Constitution for the three immediately preceding
fiscal years as certified by the treasurer in accordance with RCW
39.42.070. It shall be the duty of the state finance committee to
compute annually the amount required to pay principal of and interest
on outstanding debt. In making such computation, the state finance
committee shall include all borrowed money represented by bonds, notes,
or other evidences of indebtedness which are secured by the full faith
and credit of the state or are required to be paid, directly or
indirectly, from general state revenues and which are incurred by the
state, any department, authority, public corporation or quasi public
corporation of the state, any state university or college, or any other
public agency created by the state but not by counties, cities, towns,
school districts, or other municipal corporations, and shall include
debt incurred pursuant to section 3 of Article VIII of the Washington
state Constitution, but shall exclude the following:
(1) Obligations for the payment of current expenses of state
government;
(2) Indebtedness incurred pursuant to RCW 39.42.080 or 39.42.090;
(3) Principal of and interest on bond anticipation notes;
(4) Any indebtedness which has been refunded;
(5) Financing contracts entered into under chapter 39.94 RCW;
(6) Indebtedness authorized or incurred before July 1, 1993,
pursuant to statute which requires that the state treasury be
reimbursed, in the amount of the principal of and the interest on such
indebtedness, from money other than general state revenues or from the
special excise tax imposed pursuant to chapter 67.40 RCW;
(7) Indebtedness authorized and incurred after July 1, 1993,
pursuant to statute that requires that the state treasury be
reimbursed, in the amount of the principal of and the interest on such
indebtedness, from (a) moneys outside the state treasury, except higher
education operating fees, (b) higher education building fees, (c)
indirect costs recovered from federal grants and contracts, and (d)
fees and charges associated with hospitals operated or managed by
institutions of higher education; (({- and -}))
(8) Any agreement, promissory note, or other instrument entered
into by the state finance committee under RCW 39.42.030 in connection
with its acquisition of bond insurance, letters of credit, or other
credit support instruments for the purpose of guaranteeing the payment
or enhancing the marketability, or both, of any state bonds, notes, or
other evidence of indebtedness{+ ; and
(9) Indebtedness incurred for the purposes identified in section
210 of this act +}.
To the extent necessary because of the constitutional or statutory
debt limitation, priorities with respect to the issuance or
guaranteeing of bonds, notes, or other evidences of indebtedness by the
state shall be determined by the state finance committee.
Sec. 221. RCW 43.79A.040 and 1996 c 253 s 409 are each amended to
read as follows:
(1) Money in the treasurer's trust fund may be deposited, invested
and reinvested by the state treasurer in accordance with RCW 43.84.080
in the same manner and to the same extent as if the money were in the
state treasury.
(2) All income received from investment of the treasurer's trust
fund shall be set aside in an account in the treasury trust fund to be
known as the investment income account.
(3) The investment income account may be utilized for the payment
of purchased banking services on behalf of treasurer's trust funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasurer or affected state
agencies. The investment income account is subject in all respects to
chapter 43.88 RCW, but no appropriation is required for payments to
financial institutions. Payments shall occur prior to distribution of
earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the earnings
credited to the investment income account to the state general fund
except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's or fund's
average daily balance for the period: The agricultural local fund, the
American Indian scholarship endowment fund, the Washington
international exchange scholarship endowment fund, the energy account,
the fair fund, the game farm alternative account, the grain inspection
revolving fund, the rural rehabilitation account, {+ the stadium and
exhibition center account, the youth athletic facility grant account,
+} and the self-insurance revolving fund. However, the earnings to be
distributed shall first be reduced by the allocation to the state
treasurer's service fund pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive eighty percent
of their proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The advanced right of way
revolving fund, the federal narcotics asset forfeitures account, the
high occupancy vehicle account, and the local rail service assistance
account.
(5) In conformance with Article II, section 37 of the state
Constitution, no trust accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
{+ NEW SECTION. +} Sec. 222. A new section is added to chapter
43.330 RCW to read as follows:
The film and video promotion account is created in the state
treasury. All receipts from section 106(14) of this act must be
deposited into the account. Moneys in the account may be spent only
after appropriation. Expenditures from the account may be used by the
department of community, trade, and economic development only for the
purposes of promotion of the film and video production industry in the
state of Washington.
{+ NEW SECTION. +} Sec. 223. A new section is added to chapter
43.330 RCW to read as follows:
The tourism development and promotion account is created in the
state treasury. All receipts from section 106(10) of this act must be
deposited into the account. Moneys in the account may be spent only
after appropriation. Expenditures from the account may be used by the
department of community, trade, and economic development only for the
purposes of promotion of the tourism industry in the state of
Washington.
PART III
LOCAL CONTRIBUTION
Sec. 301. RCW 36.38.010 and 1995 3rd sp.s. c 1 s 203 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 collect and remit the tax to
the county treasurer of the county: PROVIDED, No county shall impose
such tax on persons paying an admission to any activity of any
elementary or secondary school.
(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 be
considered as the admission charge. It shall also include 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, t +}he
tax herein authorized shall not be exclusive and shall 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 whenever the same or similar kind of tax is imposed by
any such city or town, no such tax shall be levied within the corporate
limits of such city or town by the county(({- , except that -})){+ .
(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 be placed in a contingency
fund which may only be used to pay unanticipated capital costs on the
baseball stadium, excluding any cost overruns on initial construction;
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 (({- (3) -}))
{+ (4) +}(b) shall expire 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 section 105 of this act
may levy and fix a tax on charges for admission to events in a stadium
and exhibition center, as defined in section 101 of this act,
constructed in the county on or after January 1, 1998, that is owned by
a public stadium authority under chapter 36.-- RCW (sections 101
through 119 and 201 of this act). The tax shall be exclusive and shall
preclude 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 preclude 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 at the rate of not
more than one cent on ten cents or fraction thereof. Revenues
collected under this subsection shall be deposited in the stadium and
exhibition center account under section 214 of this act until the bonds
issued under section 210 of this act 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 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 not be collected at any facility already in operation as of the
effective date of this section. +}
{+ NEW SECTION. +} Sec. 302. A new section is added to chapter
36.38 RCW to read as follows:
The legislative authority of a county that has created a public
stadium authority to develop a stadium and exhibition center under
section 105 of this act may levy and fix a tax on any vehicle parking
charges imposed at any parking facility that is part of a stadium and
exhibition center, as defined in section 101 of this act. The tax
shall be exclusive and shall preclude the city or town within which the
stadium and exhibition center is located from imposing within its
corporate limits a tax of the same or similar kind on any vehicle
parking charges imposed at any parking facility that is part of a
stadium and exhibition center. 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. Revenues collected under this
section shall be deposited in the stadium and exhibition center account
under section 214 of this act until the bonds issued under section 210
of this act 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 used exclusively to fund repair, reequipping, and
capital improvement of the stadium and exhibition center. The tax
under this section may be levied upon the first use of any part of the
stadium and exhibition center but shall not be collected at any
facility already in operation as of the effective date of this section.
PART IV
PUBLIC WORKS PROVISIONS
Sec. 401. RCW 36.32.235 and 1996 c 219 s 2 are each amended to
read as follows:
(1) In each county with a population of one million or more which
by resolution establishes a county purchasing department, the
purchasing department shall enter into leases of personal property on
a competitive basis and purchase all supplies, materials, and equipment
on a competitive basis, for all departments of the county, as provided
in this chapter and chapter 39.04 RCW, except that the county
purchasing department is not required to make purchases that are paid
from the county road fund or equipment rental and revolving fund.
(2) As used in this section, "public works" has the same definition
as in RCW 39.04.010.
(3) Except as otherwise specified in this chapter or in chapter
36.77 RCW, all counties subject to these provisions shall contract on
a competitive basis for all public works after bids have been submitted
to the county upon specifications therefor. Such specifications shall
be in writing and shall be filed with the clerk of the county
legislative authority for public inspection.
(4) An advertisement shall be published in the county official
newspaper stating the time and place where bids will be opened, the
time after which bids will not be received, the character of the work
to be done, the materials and equipment to be furnished, and that
specifications therefor may be seen at the office of the clerk of the
county legislative authority. An advertisement shall also be published
in a legal newspaper of general circulation in or as near as possible
to that part of the county in which such work is to be done. If the
county official newspaper is a newspaper of general circulation
covering at least forty percent of the residences in that part of the
county in which such public works are to be done, then the publication
of an advertisement of the applicable specifications in the county
official newspaper is sufficient. Such advertisements shall be
published at least once at least thirteen days prior to the last date
upon which bids will be received.
(5) The bids shall be in writing, shall be filed with the clerk,
shall be opened and read in public at the time and place named therefor
in the advertisements, and after being opened, shall be filed for
public inspection. No bid may be considered for public work unless it
is accompanied by a bid deposit in the form of a surety bond, postal
money order, cash, cashier's check, or certified check in an amount
equal to five percent of the amount of the bid proposed.
(6) The contract for the public work shall be awarded to the lowest
responsible bidder. Any or all bids may be rejected for good cause.
The county legislative authority shall require from the successful
bidder for such public work a contractor's bond in the amount and with
the conditions imposed by law.
(7) If the bidder to whom the contract is awarded fails to enter
into the contract and furnish the contractor's bond as required within
ten days after notice of the award, exclusive of the day of notice, the
amount of the bid deposit shall be forfeited to the county and the
contract awarded to the next lowest and best bidder. The bid deposit
of all unsuccessful bidders shall be returned after the contract is
awarded and the required contractor's bond given by the successful
bidder is accepted by the county legislative authority. Immediately
after the award is made, the bid quotations obtained shall be recorded
and open to public inspection and shall be available by telephone
inquiry.
(8) As limited by subsection (10) of this section, a county subject
to these provisions may have public works performed by county employees
in any annual or biennial budget period equal to a dollar value not
exceeding ten percent of the public works construction budget,
including any amount in a supplemental public works construction
budget, over the budget period.
Whenever a county subject to these provisions has had public works
performed in any budget period up to the maximum permitted amount for
that budget period, all remaining public works except emergency work
under subsection (12) of this section within that budget period shall
be done by contract pursuant to public notice and call for competitive
bids as specified in subsection (3) of this section. The state auditor
shall report to the state treasurer any county subject to these
provisions that exceeds this amount and the extent to which the county
has or has not reduced the amount of public works it has performed by
public employees in subsequent years.
(9) If a county subject to these provisions has public works
performed by public employees in any budget period that are in excess
of this ten percent limitation, the amount in excess of the permitted
amount shall be reduced from the otherwise permitted amount of public
works that may be performed by public employees for that county in its
next budget period. Ten percent of the motor vehicle fuel tax
distributions to that county shall be withheld if two years after the
year in which the excess amount of work occurred, the county has failed
to so reduce the amount of public works that it has performed by public
employees. The amount withheld shall be distributed to the county when
it has demonstrated in its reports to the state auditor that the amount
of public works it has performed by public employees has been reduced
as required.
(10) In addition to the percentage limitation provided in
subsection (8) of this section, counties subject to these provisions
containing a population of one million or more shall not have public
employees perform a public works project in excess of seventy thousand
dollars if more than a single craft or trade is involved with the
public works project, or a public works project in excess of twenty-
five thousand dollars if only a single craft or trade is involved with
the public works project. A public works project means a complete
project. The restrictions in this subsection do not permit the
division of the project into units of work or classes of work to avoid
the restriction on work that may be performed by public employees on a
single project.
The cost of a separate public works project shall be the costs of
materials, supplies, equipment, and labor on the construction of that
project. The value of the public works budget shall be the value of
all the separate public works projects within the budget.
(11) In addition to the accounting and recordkeeping requirements
contained in chapter 39.04 RCW, any county which uses public employees
to perform public works projects under RCW 36.32.240(1) shall prepare
a year-end report to be submitted to the state auditor indicating the
total dollar amount of the county's public works construction budget
and the total dollar amount for public works projects performed by
public employees for that year.
The year-end report submitted pursuant to this subsection to the
state auditor shall be in accordance with the standard form required by
RCW 43.09.205.
(12) Notwithstanding any other provision in this section, counties
may use public employees without any limitation for emergency work
performed under an emergency declared pursuant to RCW 36.32.270, and
any such emergency work shall not be subject to the limitations of this
section. Publication of the description and estimate of costs relating
to correcting the emergency may be made within seven days after the
commencement of the work. Within two weeks of the finding that such an
emergency existed, the county legislative authority shall adopt a
resolution certifying the damage to public facilities and costs
incurred or anticipated relating to correcting the emergency.
Additionally this section shall not apply to architectural and
engineering or other technical or professional services performed by
public employees in connection with a public works project.
(13) In lieu of the procedures of subsections (3) through (11) of
this section, a county may use a small works roster process and award
contracts for public works projects with an estimated value of ten
thousand dollars up to one hundred thousand dollars as provided in RCW
39.04.155.
Whenever possible, the county shall invite at least one proposal
from a minority or woman contractor who shall otherwise qualify under
this section.
(14) The allocation of public works projects to be performed by
county employees shall not be subject to a collective bargaining
agreement.
(15) This section does not apply to performance-based contracts, as
defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A
RCW.
(16) Nothing in this section prohibits any county from allowing for
preferential purchase of products made from recycled materials or
products that may be recycled or reused.
{+ (17) This section does not apply to contracts between the public
stadium authority and a team affiliate under section 106(4) of this
act, or development agreements between the public stadium authority and
a team affiliate under section 106(7) of this act or leases entered
into under section 106(8) of this act. +}
Sec. 402. RCW 39.04.010 and 1993 c 174 s 1 are each amended to
read as follows:
The term state shall include the state of Washington and all
departments, supervisors, commissioners and agencies thereof.
The term municipality shall include every city, county, town,
district or other public agency thereof which is authorized by law to
require the execution of public work, except drainage districts, diking
districts, diking and drainage improvement districts, drainage
improvement districts, diking improvement districts, consolidated
diking and drainage improvement districts, consolidated drainage
improvement districts, consolidated diking improvement districts,
irrigation districts or any such other districts as shall from time to
time be authorized by law for the reclamation or development of waste
or undeveloped lands.
The term public work shall include all work, construction,
alteration, repair, or improvement other than ordinary maintenance,
executed at the cost of the state or of any municipality, or which is
by law a lien or charge on any property therein. All public works,
including maintenance when performed by contract shall comply with the
provisions of RCW 39.12.020. {+ The term does not include work,
construction, alteration, repair, or improvement performed under
contracts entered into under section 106(4) of this act or under
development agreements entered into under section 106(7) of this act or
leases entered into under section 106(8) of this act. +}
The term contract shall mean a contract in writing for the
execution of public work for a fixed or determinable amount duly
awarded after advertisement and competitive bid. However, a contract
which is awarded from a small works roster under the authority of RCW
39.04.150, 35.22.620, 28B.10.355, 35.82.075, and 57.08.050 need not be
advertised.
{+ NEW SECTION. +} Sec. 403. A new section is added to chapter
39.30 RCW to read as follows:
This chapter does not apply to contracts entered into under section
106(4) of this act or development agreements entered into under section
106(7) of this act.
Sec. 404. RCW 39.10.120 and 1995 3rd sp.s. c 1 s 305 are each
amended to read as follows:
(1) Except as provided in subsection{+ s +} (2) {+ and (3) +} of
this section, the alternative public works contracting procedures
authorized under this chapter are limited to public works contracts
signed before July 1, (({- 1997 -})) {+ 2001 +}. Methods of public
works contracting authorized by RCW 39.10.050 and 39.10.060 shall
remain in full force and effect until completion of contracts signed
before July 1, (({- 1997 -})) {+ 2001 +}.
(2) For the purposes of a baseball stadium as defined in RCW
82.14.0485, the design-build contracting procedures under RCW 39.10.050
shall remain in full force and effect until completion of contracts
signed before December 31, 1997.
{+ (3) For the purposes of a stadium and exhibition center, as
defined in section 101 of this act, the design-build contracting
procedures under RCW 39.10.050 shall remain in full force and effect
until completion of contracts signed before December 31, 2002. +}
PART V
KINGDOME DEBT
Sec. 501. RCW 67.28.180 and 1995 1st sp.s. c 14 s 10 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
by a hotel, rooming house, tourist court, motel, trailer camp, and the
granting of any similar license to use real property, as distinguished
from the renting or leasing of real property: PROVIDED, That it shall
be presumed that the occupancy of real property for a continuous period
of one month or more constitutes a rental or lease of real property and
not a mere license to use or to enjoy the same.
(2) Any levy authorized by this section shall be subject to the
following:
(a) Any county ordinance or resolution adopted pursuant to this
section shall 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) 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 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 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) In
any county with a population of one million 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; (({- or -})) (ii) {+ in any county
with a population of one million 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 section 103 of this act; or (iii) +} in
other counties, for county-owned facilities for agricultural promotion.
A county is exempt under this subsection in respect to city revenue or
general obligation bonds issued after April 1, 1991, only if such bonds
mature before January 1, 2013.
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 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 section may levy the tax authorized by this section so long as
said county is so exempt(({- : PROVIDED, That -})){+ .
(ii) If bonds have been issued under section 210 of this act and
any necessary property transfers have been made under section 109 of
this act, no city within a county with a population of one million or
more may levy the tax authorized by this section before January 1,
2021.
(iii) However, +} in the event that any city in (({- such -})) {+
a +} county {+ described in (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 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 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 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 (({- capital improvements, as
defined in -})) {+ 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 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 section 214 of this
act after the debt on the stadium is retired.
(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 be deposited in the stadium and exhibition center account
under section 214 of this act.
(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)(({- (b) -})) {+ (d) +} may be used for
payment of principal and interest on bonds issued for capital projects.
Qualifying organizations receiving moneys under this subsection (3)(({-
(b) -})) {+ (d) +} must be financially stable and have at least the
following:
(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.
(({- (c) -})) {+ (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 be deposited in an
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.
(({- (d) -})) {+ (f) +} School districts and schools shall not
receive revenues distributed pursuant to (a)(i) of this subsection.
(({- (e) -})) {+ (g) +} Moneys distributed to art museums, cultural
museums, heritage museums, the arts, and the performing arts, and
moneys distributed for tourism promotion shall be in addition to and
may not be used to replace or supplant any other funding by the
legislative body of the county.
(({- (f) -})) {+ (h) +} As used in this section, "tourism
promotion" includes activities intended to attract visitors for
overnight stays, arts, heritage, and cultural events, and recreational,
professional, and amateur sp |
