HomeMy WebLinkAbout1997 June 17,1997 SpecialCertification
Resolution
and/or
other documents
(Location is unknown for any that are missing)
in
District Files
(Office Election File Cabinet)
Oath of County Auditor or Supervisor of Elections
STATE OF WASHINGTON
) ss.
COUNTY OF WHATCOM
I solemnly swear that the returns of the State Special Election held on June 17,
1997, in WHATCOM County, State of Washington, have been in no
wary, filtered by additions or erasures and that they are the same as when they were
8epdsifdd `in my office.
C ^
County Audit or Supervisor of Elec ' ns
Subscribed and sworn to me this day of June, 1997
Chaifrran, County Legislative Authority
`'� ��� ,,„ ►l Certification of the Canvassing Board
t A r rSTATE OF WASHINGTON }
¢�r — ) ss.
r ' t;bUNTY,OF WHATCOM }
The undersigned officers designated by law as constituting the Canvassing
Board for the County of WHATCOM , State of Washington, hereby
certify that this is a full, true and correct copy of the Abstract of Votes cast at the State
Special Election held on June 17, 1997, in WHATCOM County, State of
Washington; that. the total number of registered voters in all precincts was
95,336 ; and that the total number of votes cast in such precincts was
r.} 7 (i g
Witness our hands and official seal this 24TH day of June, 1997
'C • '
'
or
F � ' !4 " Count Audito r Supervisor of Eens
rr
Ch� County Legislative Authority
�• 60�'tI ry [
County Prosecuting Attorney
% $TAT Ft€
Official Returns
of the
State Special Election
held. in
WHATCOM COUNTY
County
June 17,1997
State of Washington
SECRETARY LRY ��E s 1 , o�
o �
_ x
_ r STATE
yn�
�(.I�Jr" J o
�y� xas a
Ralph Munro
TO THE COUNTY AUDITORS:
ELECTIONS DIVISION
Voter Registration Services
1007 S. Washington Street
PO Box 40237
Olympia, WA 98504-0237
360/586-0400
I, Ralph Munro, Secretary of State of the state of Washington, certify that the
following is the full, true, and correct copy of the official ballot title for Referendum Bill
48 which has been referred pursuant to state law to the voters of this state for their
approval or rejection at the election to be held on Tuesday, June 17, 1997:
Referendum Bill 48
Proposed to the People by the Legislature
Shall a public stadium authority be authorized to build and operate a football/soccer
stadium and exhibition center financed by tax revenues and private contributions?
IN WITNESS WHEREOF, I have set my
hand and affixed the seal of the state of
Washington, this 13th day of May, 1997.
4"w6klgwl
DONALD F. WHITING
Assistant Secretary of State
Special Election Page 1-SM
June 17, 1997 Whatcom County, Washington
STATE MEASURE
REFERENDUM BILL 48
PROPOSED TO THE PEOPLE BY THE LEGISLATURE REF. BILL 48
Shall a public stadium authority be YES -11
authorized to build and operate a
L 48
football/soccer stadium and exhibition REF.
center financed by tax revenues and private NOO -3 1
contributions?
SPECIAL ELECTION
WHATCOM COUNTY, WASHINGTON
JUNE 179 1997
MAIL -IN BALLOT GUIDE
The ballot which you have received is actually a data
processing card prepared for recording your vote. Do not
mark, fold or punch the ballot punchcard except as
outlined in the instructions.
Your Mail -in Bailot Packet consists of:
• This Ballot guide listing the ballot measures and/or
candidates.
• A pre -scored Ballot Punchcard.
• A Ballot security envelope for the Ballot Punchcard.
• A pre -addressed Return Envelope to return your
voted Ballot Punchcard, which should first be
enclosed in the Ballot security envelope.
Now that you have
received your Mail -In
ballot, please use it as
you will not vote at
your regular polling
place for this election.
Mail -In Voting Instructions are on the next page.
READ ALL INSTRUCTIONS BEFORE VOTING
=0011111111110-
OPEN THIS BALLOT GUIDE
HOW TO VOTE
Ballot
chcard _r���
_ ,
Punch chip completely out
of Ballot Punchcard with a
paper clip or similar device.
1. Remember to SIGN YOUR NAME on the outside of the
MAILING envelope on the line under the Voter Affidavit. Your
signature is compared to your signature on file with the
County.
2. In the Ballot Guide, to the right of each measure or candidate,
is a number which is assigned to a position on your Ballot
Card.
3. Use a paper clip, tooth pick or sharp pencil to punch out the
pre -scored square located just above the number assigned to
the candidate or measure.
4. After you have finished voting, place your Ballot Card in the
Ballot Security Envelope.
5. Place the Ballot Security Envelope containing your voted
Ilot unchcard INSIDE THE PRE -ADDRESSED MAILING
ENVELOPE.
6. Put a first-class stamp on the envelope and mail it s❑ it is
postmarked no later than the day of 'the election. The ballot
will be counted if it is postmarked not later than election day.
7. If you spoil your ballot or wish to change your vote, use the
BALLOT GUIDE and with a pen make your selections. Return
it in the Ballot Security Envelope instead of the ballot card.
8. If you have any questions about these igstruclions. pleasecsII
the Auditor's Office at: 360/676-6742 or 360/398-1310.
MAIL-IN-Whatcom
- VOTER INFORMATION -
This is your OFFICIAL BALLOT for the
Special Mail -In Ballot Election
June 17, 1997.
If your official ballot is damaged, destroyed or
lost, a replacement ballot may be obtained at the
Auditor's Office, Election Department. If you spoil
your Ballot Punchcard follow the instructions
under "How to Vote," item #7, on the previous
page.
IMPORTANT NOTICE
Your voted ballot must be postmarked
no later than June 17, 1997.
No polling places will be open on election day,
however you may deliver your voted ballot up
through 8 p.m. on election day to:
BLAINE CITY HALL. ........ ................................ 344 "H" Street, Blaine
DEMING LIBRARY ........................5044 Mt. Baker Highway, Deming
FERNDALE LIBRARY ........2222 Mail Street, Ferndale (Lobby Area)
LYNDEN CITY FIRE HALL..............................209 4th Street, Lynden
Mail ballots may also be deposited at the Whatcom County Auditor's
Office, Whatcom County Courthouse, 311 Grand Avenue, Suite 103
during business hours and from 7:00 a.m. until 8:00 p.m. on June 17.
Ballots may also be deposited at the drop box at the south entrance
to the Whatcom County Courthouse until 8:00 p.m. on June 17,
1997.
TURN PAGE TO START VOTING
r-
r1
0
June 17, 1997
■
■
*0o
►oo ! ►
to
,■.. .toy �.
4*o..
*AV
11
EDITION I
FA
Greetings:
Welcome to the Washington State Voters Pamphlet for the June 17, 1997, Special Election. This guide
contains information regarding Referendum Bill 48, which was referred to the statewide ballot by the 1997
Washington State Legislature. On the pages that follow you'll find statements for and against the referendum,
rebuttal arguments, an official ballot title and explanatory statement, and the full text of the measure.
Information regarding this special election is also available through the Secretary of State's On -Line Voters
Guide on the World Wide Web (http://www.wa.gov/sec/vote97.htm), and on Washington Information Net-
work "touch -screen" kiosks located in shopping malls, grocery stores, libraries, transit centers, and other
public places around the state.
The Voters Pamphlet is a right guaranteed to the citizens of our state under provisions added to the
Washington State Constitution in 1912. We hope you make use of this important voter information resource,
and that you exercise your right to vote in the June 17 Special Election. If you have any questions or need
assistance, please call the Secretary of State's Voter Hotline at 1-800-448-4881.
6 'F
RALPH MUNRO
Secretary of State
Voting in the State of Washington....................................................................... 3
ReferendumBill 48................................................................................................ 4
Complete Text of Referendum Bill 48.................................................................. 7
Voting by Absentee Ballot.................................................................................... 30
Absentee Ballot Applications............................................................................... 31
Printed on recycled paper.
Please recycle this Voters Pamphlet!
Voter qualifications Absentee ballots
To register to vote in the state of Washington, you must be:
• A citizen of the United States
• A legal resident of Washington state
• At least 18 years old by election day
In the state of Washington, you do not have to register by
political party or declare political party membership to vote
in the state's regular primaries or general elections.
Registration deadlines
You may sign up to vote at any time, but you must be
registered at least 30 days in advance of an election if you
wish to vote at a polling place on election day. If you miss
the 30-day deadline, you may still register up to 15 days
prior to the election, but you must do so in person at a
location designated by the county auditor or elections
officer arfd you will be required to vote by absentee ballot.
How to register
Washington citizens have access to several convenient
methods of signing up to vote, including registration by
mail and "Motor Voter" registration.
Mail -in registration forms are available from your county
auditor or elections department as well as many public
libraries, schools and other government offices. You may
also e-mail a request for a voter registration form to
secstate@www.wa.gov or you may request a form by
filling out the box at the right and mailing it to the Office of
the Secretary of State.
"Motor Voter" registration is offered when you renew or
apply for your driver's license. In most instances, a motor
voter registration takes less than a minute to complete.
Change of residence
If you move to a new county, you must complete a new
voter registration.
if you move within the same county, you do not need to
re -register, but you must request a transfer of your registra-
tion. This can be done by calling or writing your county
elections department, or by using a mail -in voter registra-
tion form.
NOTE: You must re -register or transfer your registration at
least 30 days before the election to be eligible to vote in
your new precinct.
You may request an absentee ballot as early as 45 days
before an election. (No absentee ballots are issued on
election day except to hospitalized voters.)
Absentee ballots may be requested either by phone or by
mail from the county auditor or elections department. You
may also apply — in writing — to automatically receive an
absentee ballot before each election. Just send an
absentee ballot request to your county auditor or elections
department.
NOTE: Absentee ballots must be signed and postmarked
or delivered to the county elections officer on or before
election day.
Election dates and poll hours
The Special Election is June 17,1997. Polling hours for all
elections are 7:00 a.m. to 8:00 p.m.
Additional services
Voters may call the Secretary of State Voter Information
Hotline at 1-800-448-4881 (TDD for the hearing or speech
impaired: 1-800-422-8683) to request a Voters Pamphlet
in any of four other versions: cassette -tape, Braille,
Chinese -language and Spanish -language.
The information on this page about voting in the State
of Washington also is available through the On -Line Voters
Guide on the World Wide Web; the Washington Informa-
tion Network; the Voter Information Hotline; or by sending
a request via electronic mail to secstate@www.wa.gov
Information and assistance
For information regarding voting and elections, contact your
county elections department, or call the Secretary of State's
toll -free Voter information Hotline at 1-800-44&48 O (TDD for
the hearing or speech impaired: 14800-422-8683).
Request for Mail -in Voter Registration Form
(Please Print)
1 Name: — 1
Address:
City: Zip Code:
Telephone: _ No. of forms requested:
l �
MAIL TO: Office of the Secretary of State
Voter Registration Services
P.O. Box 40230.Olympia, WA 98504-0230
Lc-_---------------J
3
REFERENDUM
BILL 48
CHAPTER 220, LAWS OF 1997
PROPOSED TO THE PEOPLE BY THE LEGISLATURE
Vote cast by the 1997 Legislature on final passage:
Senate: Yeas, 28; Nays, 21.
House: Yeas, 56; Nays, 41; Excused 1.
Statement for
The Committee submits the following letter.
PAUL G. ALLEN
Dear fellow Washingtonian,
I've said from the start I wouldn't go forward with
purchasing the Seahawks and building a new stadium
and exhibition center without your approval. Knowing a
"Yes" vote will be an act of trust, I'd like to share my
commitments to this public/private partnership.
We'll build a publicly owned, world -class stadium and
new exhibition center the whole state can use and enjoy -
for football, professional and amateur soccer, Olympic
events, consumer shows, community festivals, and more.
Construction will be financed without a general tax in-
crease, by a combination of private investment, user fees,
sports -related lottery games, state -approved sales tax
credits and deferrals, and extending (but not raising) King
County's hotel/motel tax.
Besides buying the team, I'll personally guarantee $100
million in private investment, be responsible for any
construction cost overruns and cap the public's share.
I'm determined to restore the winning tradition to the
Seahawks organization and ensure it becomes a statewide
asset. Returning preseason training camp to Eastern
Washington is a start.
Should we move forward, the new stadium and exhibition
center will be a valuable asset - bringing our communities
together and benefiting the state for decades to come.
As a community, we set out 14 months ago to save a
football team. On June 17, we'll be voting on a new vision.
Together, we can achieve even more than what we first
set out to do.
The final decision will be yours.
I'll respect your judgment.
PAUL G. ALLEN
Official Ballot Title:
Shall a public stadium authority be
authorized to build and operate a
football/soccer stadium and exhibition
center financed by tax revenues and
private contributions?
Note: The ballot title and explanatory statement were written by
the Attorney General as required by law and modified by order
of the Thurston County Superior Court. The complete text of
Referendum Bill 48 begins on page 7.
Rebuttal of Statement against
The Truth: e
Absolutely no increase in sales or property taxes.
Absolutely no negative impact on schools, roads, public
safety.
Facilities publicly owned, financed primarily by private
investment, user fees, others who benefit.
The Kingdome required $72,000,000 in repairs since
1994.
$42,000,000 more needed for basic repairs.
The Kingdome drains $5,000,000 yearly in property
taxes for which taxpayers seniors, homeowners,
families — receive no services.
This proposal retires all Kingdome debts, freeing property
taxes for better purposes.
Voters Pamphlet Statement Submitted by:
STEVE VAN LUVEN, State Representative - Chairman,
Trade and Economic Development Committee; JEANNE
KOHL, State Senator - Ranking Minority Member, Higher
Education Committee; ALEX DECCIO, State Senator -
Chairman, Health and Long -Term Care Committee.
Advisory Committee: DAN EVANS, Chairman, UW Board
of Regents, former Governor; CONSTANCE RICE,
President/Vice Chancellor North Seattle Community
College; JOHN NORDSTROM, Director, Nordstrom's
Inc., former Seahawks owner; DAVID CLACK, Spokane
business person; PAM COPPLE, Past President,
Washington State Youth Soccer Association.
The law as it now exists:
Counties are currently authorized to acquire and
build sports stadium facilities. In certain circumstances,
counties may levy a special excise tax on hotel/motel
lodging, and use the proceeds for several purposes,
including the construction or operation of a sports
stadium. The law also authorizes counties to create
public facilities districts with the specific power to
acquire and operate sports facilities, entertainment
facilities, and/or convention facilities.
In 1995, the Legislature also authorized counties
with a population of over one million to create a public
facilities districtto construct and operate a professional
baseball stadium. This law provided for state and
local financial contributions to the stadium. These
special financing provisions do not apply to the
construction of a football stadium.
Statement against
Four Good Reasons to Vote NO
On Seattle Professional Football Stadium
Referendum 48
1. Vote NO on Wasting $600 Million of Your Tax Dollars.
Referendum 48 will cost state taxpayers $300 million for
a new Seattle Professional Football Stadium —plus another
$300 million in finance charges and interest. Diverting your
taxes means fewer resources for roads, schools and public
safety — and less tax relief for seniors, homeowners and
families.
2. Vote NO on Corporate Welfare.
Referendum 48 takes your taxes to subsidize professional
football. The stadium annual rent of $850,000 is like
taxpayers building a $425,000 house and renting it out for
only $71 per month. Referendum 48 is a bad deal for the
taxpayers, but a great deal for a billionaire.
3. Vote NO on Demolishing Our Kingdome.
The Kingdome works. It wins national awards. Opened
in 1976, it still has an outstanding debt of $130 million. Why
tear down the Kingdome and build a new outdoor stadium
so corporations can entertain in their luxury suites while you
sit out in the winter rains?
4. Vote NO on Selling the Washington Ballot Box.
Paul Allen is spending millions for a special election
during summer vacation, betting you won't vote. Ordinary
citizens must gather hundreds of thousands of signatures
one at a time to get on the ballot. This election maybe for
sale - but our votes are not.
The effect of Referendum Bill 489
if approved into law:
The proposed measure would authorize any county to
create a public stadium authority if the county has entered
into a letter of intent regarding the development of a
stadium and exhibition center, with a professional football
team or team affiliate. The public stadium authority would
be governed by a board of seven members appointed by
the governor. The public stadium authority would be
authorized to acquire, construct, own, remodel, maintain,
equip, repair, and operate a "stadium and exhibition
center" defined as
"an open-air stadium suitable for
national football league football and
for Olympic and world cup soccer,
with adjacent exhibition facilities,
(continued on page 6)
On June 17, You Can Stop Corporate Welfare
Vote NO on Referendum 48
For more information, call (206) 528-8457 or (509)
323-9902. www.no48.wa.net
Rebuttal of Statement for
Who trusts whom? Paul Allen wants you to trust him with
$600 million in taxes, through a special election he's bought
and paid for.
If he trusted your judgment, he'd stop spending millions
on expensive TV ads to sell his stadium deal. He'd answer
your questions, and stick to the facts.
We challenge Paul Allen to debate the stadium with us on
statewide TV - openly, independently and fairly.
We trust your judgment. Does Paul Allen?
Voters Pamphlet Statement Submitted by:
TIM SHELDON, State Representative - Member House
Trade & Economic Development Committee; HAROLD
HOCHSTATTER, State Senator - Chairman, Senate
Education Committee; MAGGIE FIMIA, Member,
Metropolitan King County Council.
Advisory Committee: JOHN PENNINGTON, State
Representative - House Speaker Pro Tom & Small
businessman; HELEN SOMMERS, State Representative -
Ranking member, House Appropriations Committee;
BOB WILLIAMS, Former legislator; NICK LICATA, Co -
Chair, Citizens for More Important Things; CHARLIE
CHONG, Member, Seattle City Council.
4 The Office of the Secretary of State is not authorized to edit statements, nor is it responsible for their contents. The Office of the Secretary of State is not authorized to edit statements, nor is it responsible for their contents. 5
The effect of Referendum Bill 489
if approved into law:
(continued from page 5)
together with associated
parking facilities and other
ancillary facilities."
The public stadium authority would have authority
to enter into a development agreement with a
professional football team concerning the
development of the project and the operation of the
stadium. The football team could agree to control the
development of the project in return for assuming the
risk of costs in excess of budget projections. The
public stadium authority could also enter into a long-
term lease agreement, making the team the master
tenant. Under such an agreement, the master tenant
would pay fair rent of not less than $850,000 per year
and assume operating and maintenance
responsibilities and legal liability associated with the
facility. The payment of such rent would be
guaranteed for ten years against bankruptcy or
insolvency of the team. The master tenant would
have the right to sublease and grant licenses and
concessions to users of the facility.
The public stadium authority would be authorized
to obtain a deferral of sales and use taxes on the
construction of buildings, site preparation, and the
acquisition of machinery and equipment for the
stadium for five years from completion of the facility.
The county would be authorized to impose a sales
and use tax of 0.016 percent. This county sales and
use tax would be deducted from state sales and use
tax otherwise payable to the state. The lottery
commission would be authorized to conduct special
games to generate additional revenue for the facility.
All of these revenues would be placed in the state
treasury and used for payment of principal and
interest on bonds sold to finance facility construction,
forthe cost of operation of the public stadium authority;
and for grants for youth athletic facilities. The public
or entertainment areas of the facility would be exempt
from leasehold tax.
The measure would authorize the state to sell
bonds pledging the full faith and credit of the state in
the sum of $300 million to pay for site acquisition,
design, construction, and equipping of the facility
and exhibition center. Bonds could be issued only if
the team agrees to certain conditions, including: (1)
to play its regular season and playoff home games in
the stadium for at least the term of the bonds; (2) to
assume the risk of cost overruns; (3) to raise
approximately $100 million to contribute to the
development; (4) to grant the state ten percent of the
gross selling price if the team is sold within twenty-
five years of the date the bonds are issued; (5) to pay
$10 million forstatewide youth athletic facilities; (6) to
sell at least 10 percent of the tickets for all team
football games at the average of the lowest priced
tickets in the National Football League; and (7) to
spend at least $10 million on mitigation of impacts of
the new facility on adjacent neighborhoods. The total
public share of facility costs would be $300 million.
A county with a public stadium authority would be
authorized to levy a tax on charges for admission to
events in the facility, at the rate of not more than one
cent on ten cents. No other admissions tax could be
charged. The county would also be authorized to
levy a tax on vehicle parking charges for parking at
the facility, at a rate of not more than 10 percent.
Revenue from these taxes would be used to repay
the bonds or, after the bonds are retired, to fund
repairs and capital improvements on the facility.
The bill would make the project subject to prevailing
wage requirements and to women and minority goals,
but would be exempt from public works bidding
requirements. Financial and commercial information
requested by the public stadium authority from any
lessee or user of a stadium and exhibition center
would be exempt from public disclosure.
If a stadium is built in a county which is currently
levying a hotel/motel tax to retire bonds previously
sold to finance a public sports stadium, such as the
KingDome, hotel/motel tax revenue would remain
available for retiring any debt still outstanding on
such an existing facility. Ownership of the KingDome
may be transferred to the public stadium authority
and the KingDome will be demolished to
accommodate the new facility.
PLEASE NOTE:
In the following measure, all words in double
parentheses with a line through them are in State law
at the present time and will be taken out if the
measure is adopted. Underlined words do not appear
in State law as it is now written but will be put in if the
measure is adopted.
To obtain a copy of the text of this proposed measure
in larger print, call the Secretary of State's toll -free
hotline -- 1-800-448-4881.
or similar professional football association.
COMPLETE TEXT OF (6) "Public stadium authority operation"
Referendum Bill 48 means the formation and ongoing operation of the
e public stadium authority, including the hiring of
employees, agents, attorneys, and other contrac-
tors, and the acquisition and operation of office
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 anew section to chapter 36.38
RCW; adding anew section to chapter 39.30 RCW;
adding anew chapter to Title 36 RCW; adding anew
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 OFWASHINGTON:
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, engi-
neering, 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
centerfor 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
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 thatwiII 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 maybe 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 oran entitythat 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, orthe
council of any city located in that county, may
transfer property to the public stadium authority
s The Office of the Secretary of State is not authorized to edit statements, nor is it responsible for their contents.
The above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority. 7
created under this chapter. Property encumbered into agreements under chapter 39.34 RCW forthe
by debt may be transferred by a county legislative joint provision and operation of a stadium and
authority or a city council to a public stadium authority exhibition center and may enter into contracts under
created to develop a stadium and exhibition center chapter 39.34 RCW where any party to the contract
under section 105 of this act, but obligation for provides and operates the stadium and exhibition
payment of the debt may not be transferred. center for the other party or parties to the contract.
(3) Any employees of the public stadium
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 forthe 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 bythe majority leaderof the senate and the
minority leader ofthe 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 orsale 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
authority shall be unclassified employees not
subjectto the provisions of chapter41.06 RCW and
a public stadium authority may contractwith a public
or private entity forthe operation or management of
the stadium and exhibition center.
(4) The publicstadium 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
3.9.12 RCW and goals established for women and
minority -business participation forthe 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 contractwith a team affiliate forthe
provision of architectural, engineering, environmen-
tal, and other professional services related to the
The above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority.
8
stadium and exhibition center site, design options, loss financial statement. The team affiliate shall
required environmental studies, and necessary provide a guarantee, security, or a letter of credit
permits forthe stadium and exhibition center; from a person or entity with a networth in excess of
(5) The public stadium authority, in one hundred million dollars that guarantees a
consultation with the team affiliate, shall have the maximum of ten years' payments of fair rent under
authority to establish the project budget on the the lease in the event of the bankruptcy or insolvency
stadium and exhibition center project; of the team affiliate. The master tenant shall have
(6) The public stadium authority, in the power to sublease and enter into use, license,
consultation with the team affiliate, shall have the and concession agreements with various users of
authority to make recommendations to the state the stadium and exhibition center including the
finance committee regarding the structure of the professional football team, and the master tenant
financing of the stadium and exhibition center has the right to name the stadium and exhibition
►,rniAr-t- center, subiect to section 107 of this act. The master
(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 subsec-
tions (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 develop-
ment. 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 forthe 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 responsi-
bilities, risk, legal liability, and costs associated with
the stadium and exhibition center, the team affiliate
becomes the sole mastertenant 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
tenant shall meet goals, establisned oy 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, conces-
sions, 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 publicstadium
authority, or any related governmental entity forthe
use orin respecttothe 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) ofthis 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
isexecuted;
(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
The above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority.
9
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 centerforevents
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.
NEWSECTION. Sec.108. Apublicstadium
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 pro-
cessing;
(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 bythe county on orafter
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 orordinance in orderto prevent
or delay the demolition of any existing domed
stadium at the site of the stadium and exhibition
center.
NEWSECTION. Sec.110. Apublic 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 above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority.
10
the authority. The resolution shall, among other their acts or omissions while performing or in good
things, establish procedures for approving such faith purporting to perform their official duties.
expenses; the form of the travel and expense
voucher; and requirements governing the use of NEW SECTION. Sec,115. Whenever an
credit cards issued in the name of the authority. The action, claim, or proceeding is instituted against a
resolution may also establish procedures for person who is orwas an officer or employee of the
payment of per diem to board members. Thestate public stadium authority arising out of the
auditor shall, as provided by general law, cooperate performance of duties for or employment with the
with the public stadium authority in establishing authority, the public stadium authority may grant a
adequate procedures for regulating and auditing the request by the person that the attorney of the
reimbursement of all such expenses. authority's choosing be authorized to defend the
(2) The board of directors shall transmit a claim, suit, or proceeding, and the costs of defense,
copy of the adopted annual operating budget of the attorneys' fees, and obligation for payments arising
public stadium authority to the governor and the from the action may be paid from the authority's
majority leader and minority leader of the house of funds. Costs of defense orjudgment or settlement
representatives and the senate. The budget against the person shall not be paid in a case where
information shall include, but is not limited to a the court has found that the person was not acting in
statement of income and expenses of the public good faith or within the scope of employmentwith or
stadium authority. duties for 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 memberof
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 herterm 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
NEW SECTION. Sec. 116. The board of
directors of the public stadium authority shall have
authorityto authorize the expenditure of fundsforthe
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 above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority. 11
the team affiliate, or subleasee under RCW appraisal relates is sold, but in no event shall
42.17.310. disclosure be denied for more than three years after
the appraisal.
Sec.120. RCW42.17.310and 1996c305s (h) Valuable formulae, designs, drawings,
2,1996 c 253 s 302,1996 c 191 s 88, and 1996 c 80 and research data obtained by any agencywithin five
s 1 are each reenacted and amended to read as yearsofthe request for disclosure when disclosure
follows: would produce private gain and public loss.
(1) The following are exempt from public
inspection and copying:
(a) Personal information in any files
maintained forstudents in publicschools, 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 investiga-
tive, 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 orthe property to which the sale
(i) Preliminary drafts, notes, recommenda-
tions, 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.
0) 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.
(1) Any library record, the primary purpose of
which is to maintain control of library materials, orto
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 underRCW81.34.070, exceptthatthe
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
The above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority.
12
during application for loans or program services
(z) Financial information, business plans,
provided by chapters 43.163, 43.160, 43.330, and
examination reports, and any information produced
43.168 RCW, or during application for economic
or obtained in evaluating or examining a business
development loans or program services provided by
and industrial development corporation organized or
any local agency.
seeking certification under chapter 31.24 RCW.
(s) Membership lists or lists of members or
(aa) Financial and commercial information
owners of interests of units in timeshare projects,
supplied to the state investment board by any person
subdivisions, camping resorts, condominiums, land
when the information relates to the investment of
developments, or common -interest communities
public trust or retirement funds and when disclosure
affiliated with such projects, regulated by the
would result in loss to such funds or in private loss to
department of licensing, in the files or possession of
the providers of this information.
the department.
(bb) Financial and valuable trade information
(t) All applications for public employment,
under RCW 51.36.120.
including the names of applicants, resumes, and
(cc) Client records maintained by an agency
other related materials submitted with respect to an
that is a domestic violence program as defined in
applicant.
RCW 70.123.020 or 70.123.075 or a rape crisis
(u) The residential addresses and residential
center as defined in RCW 70.125.030.
telephone numbers of employees orvolunteers of a
(dd) Information that identifies a person who,
public agency which are held by the agency in
while an agency employee: (i) Seeks advice, under
personnel records, employment or volunteer
an informal process established by the employing
rosters, or mailing lists of employees or volunteers.
agency, in order to ascertain his or her rights in
(v) The residential addresses and residential
connection with a possible unfair practice under
telephone numbers of the customers of a public
chapter 49.60 RCW against the person; and (ii)
utility contained in the records or lists held by the
requests his or her identity or any identifying
public utility of which they are customers.
information not be disclosed.
(w)(i) The federal social security number of
(ee) investigative records compiled by an
individuals governed under chapter 18.130 RCW
employing agency conducting a current investiga-
maintained in the files of the department of health,
tion of a possible unfairpractice underchapter49.60
except this exemption does not apply to requests
RCW orof a possible violation ofotherfedera1, state,
m ad e d i rectly to th e de pa rtment from fede ra 1, state,
or local laws prohibiting discrimination in employ -
and local agencies of government, and national and
ment.
state licensing, credentialing, investigatory, disci-
(ff) Business related information protected
plinary, and examination organizations; (ii) the
from public inspection and copying under RCW
current residential address and current residential
15.86.110.
telephone numberofa health care provider governed
(gg) Financial, commercial, operations, and
underchapter 18.130 RCW maintained in the files of
technical and research information and data
the department, if the provider requests that this
submitted to or obtained by the clean Washington
information be withheld from public inspection and
center in applications for, or delivery of, program
copying, and provides to the departmentan accurate
services under chapter 70.95H RCW.
alternate or business address and business
(hh) Information and documents created
telephone number. On or after January 1,1995, the
specifically for, and collected and maintained by a
current residential address and residential tele-
quality improvement committee pursuant to RCW
phone number of a health care provider governed
43.70.510, regardless of which agency is in
under RCW 18.130.140 maintained in the files of the
possession of the information and documents.
department shall automatically be withheld from
(ii) Personal information in files maintained in
public inspection and copying unless the provider
a data base created under RCW43.07.360.
specifically requests the information be released,
fill Financial and commercial information
and exceptas provided for under RCW42.17.260(9).
req u ested by the p ublic stadium a Uth ority from an
(x) Information obtained by the board of
hat leases or use the
pharmacy as provided in RCW 69.45.090.
stadium and exhibition cent r as defined in section
(y) Information obtained by the board of
101 of this act.
pharmacy or the department of health and its
(2) Except for information described in
representatives as provided in RCW 69.41.044,
subsection (1)(c)(i) of this section and confidential
69.41.280, and 18.64.42C.
income data exempted from public inspection
The above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority.
13
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 orvital governmental interests, can
be deleted from the specific records sought. No
exemption may be construed to permit the
nondisclosure of statistical information not descrip-
tive of any readily identifiable person or persons.
(3) Inspection or copying of any specific
records exempt underthe 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 31 st of the fifth calendaryear after such
certified date, with subsequent annual payments
due on December 31 st 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 pursuantto
chapter84.12 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 ❑r 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
The above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority.
14
exemption shall not apply to the leasehold interest of
United States between the public owner of the
any sublessee of such nonprofit fair association if
property and a contractor.
such leasehold interest wou Id be taxable if itwere the
(12) All leasehold interests that give use or
primarylease.
possession of state adult correctional facilities for
(5) Ali leasehold interests in any property of
the purposes of operating correctional industries
any public entity used as a residence by an employee
under RCW 72.09.100.
of that public entity who is required as a condition of
(13) Ali leasehold interests used to provide
employment to live in the publicly owned property.
organized and supervised recreational activities for
(6) All leasehold interests held by enrolled
disabled persons of all ages in a camp facility and for
Indiansof lands owned or held by any Indian or Indian
public recreational purposes by a nonprofit
tribe where the fee ownership of such property is
organization, association, or corporation thatwould
vested in or held in trust by the United States and
be exempt from property tax under RCW
which are not subleased to other than to a lessee
84.36.030(1) if it owned the property. If the publicly
which would qualify pursuant to this chapter, RCW
owned property is used for any taxable purpose, the
84.36.451 and 84.40.175. 7 1leasehold
excise taxes set forth in RCW 82.29A.030
(7) All leasehold interests in any real property
and 82.29A.040 shall be imposed and shall be
of any Indian or Indian tribe, band. or community that
apportioned accordingly.
is held in trust by the United States or is subject to a
(14) All leasehold interests in the public or
restriction againstaIienation imposed by the United
entertainment areas of a baseball stadium with
States: PROVIDED, That this exemption shall apply
natural turf and a retractable roof or canopy that is in
only where it is determined that contract rent paid is
a county with a population of over one million, that
greaterthan or equal to ninety percent of fairmarket
has a seating capacity of over forty thousand, and
rental, to be determined by the department of
that is constructed on or after January 1, 1995.
revenue using the same criteria used to establish
Public or entertainment areas" include ticket sales
taxable rent in RCW 82.29A.020(2)(b).
areas, ramps and stairs, lobbies and concourses,
(8) All leasehold interests €orwhich annual
parking areas, concession areas, restaurants,
taxable rent is less than two hundred fftydollars per
hospitality and stadium club areas, kitchens orother
year. For purposes of this subsection leasehold
work areas primarily servicing other public or
interests held by the same lessee in contiguous
entertainment areas, public rest room areas,.press
properties owned by the same lessor shall be
and media areas, control booths, broadcast and
deemed a single leasehold interest.
production areas, retail sales areas, museum and
(9) All leasehold interests which give use or
exhibit areas, scoreboards or other public displays,
possession of the leased property for a continuous
storage areas, loading, staging, and servicing areas,
period of less than thirty days: PROVIDED, That for
seating areas and suites, the playing field, and any
purposes of this subsection, successive leases or
other areas to which the public has access orwhich
lease renewals giving substantially continuous use
are used for the production of the entertainment
of possession of the same property to the same
event or other public usage, and any other personal
lessee shall be deemed a single leasehold interest:
property used for these purposes. "Public or
PROVIDED FURTHER, That no leasehold interest
entertainment areas" does not include locker rooms
shall be deemed to give use or possession for a
or private offices exclusively used by the lessee.
period of less than thirty days solely by virtue of the
15 All leasehold interests in the public Qr
reservation by the public lessorof the rightto use the
entertainment areas of a stadium and exhibition
property onto allow third parties to use the property
center as defined in section 101 ofthis act, that is
on an occasional, temporary basis.
constructed on or aftaLJanuary 1 1998. For the
(10) All leasehold interests under month -to-
purposes of this subsection ublic or en ertain-
month leases in residential units rented for
mentareas" hasthe same meaning as in subsection
residential purposes of the lessee pending
14 of his section and includes exhibition areas.
destruction or removal for the purpose of
constructing a public highway or building.
NEW SECTION. Sec. 203. A new section is
(11) All leasehold interests in any publicly
added to chapter 82.08 RCW to read as follows:
owned real or personal property to the extent such
The tax levied by RCW 82.08.020 does not
leasehold Interests arises solely by virtue of a
applyto vehicle parking charges that are subject to
contract for public improvements orwork executed
tax under section 302 ofthis act.
urider the pubticworks statutes ofthis state orofthe
The above text is an exact reproduction of Referendum BN 48. The Office of the Secretaryof State has no editorial authority.
15
NEW SECTION. Sec. 204. Anew section is RCW 67.70.240(5).
added to chapter 82.14 RCW to read as follows: For the purposes of this section, the lottery
(1) The legislative authority of a county that may accept and market prize promotions provided in
has created a public stadium authority to develop a conjunction with private -sector marketing efforts.
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 oftax
otherwise required to be collected or paid overto 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. Anew 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 distribu-
tions 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
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) For 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) Eor purposes of making deposits into the
state's general fund;
(4) ((f9f—puWs of making de pasife��in{{tv tF�7
i�$�E{stffff ucff , unr�drthe prrt iicii + irt+ r##Gr 7
a4h4s498 G#,-(-iFi))) fordistribution 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 niirchase-and
w:omp}irl ����T a games and g am,G, r-rue,,iu t�u
ec� ,eTTCT siand1T1�forthe—t--tii---Q
GGrnpensatiGR)). Three million dollars shall be
distributed under this subsection (((5--sf4#is
seotioR)) 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
sestina)) 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. 5ub'ectto the conditions of section 215 of
this act six milli n dollars shall be distribut d undpr
this subsection during the calendar year 1998.
During subsequent years, such distribution shall
e uaI the riar ear's distributions increased b f r
percent No distribution maybe made under this
subsection after December 31, 1999, unless the
conditions for issuance of the bonds under section
21 a 2 f this act ar met. Distributions under this
subsection shall cease when the bonds_ are retired,
but not late rthan December 31 2020,
6 Forthe purehas an romotianofl tt
ames and ame-relat d services' and
7 Forthe payment of age nt corn penaation.
The office of financial management shall
require the allotment of all expenses paid from the (a) A professional football team has made a
account and shall report to the ways and means binding and legally enforceable contractual commit -
committees of the senate and house of representa- ment to play all of its regular season and playoff
tives any changes in the allotments. home games in the stadium and exhibition center,
other than games scheduled elsewhere by the
Sec. 207. RCW 67.70.042 and 1995 3rd league, for a period of time not shorter than the term
sp.s. c 1 s 104 are each amended to read as follows: of the bonds issued or to be issued to finance the
The lottery commission shall conduct at initial construction of the stadium and exhibition
least two but not more than four scratch games with center;
sports themes per year. These games are intended
to generate additional moneys sufficient to coverthe
distributions under RCW 67.70.240(((5))) W.
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 lotterywith
any combination of in -kind advertising, sponsorship,
or prize promotions, valued at one million dollars
annually beginning January 1 998and increased by
fourpercenteach 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 reimbursethe county orthe
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:
(b) A team affiliate has entered into one or
more binding and legally enforceable contractual
commitmentswith 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 acquisi-
tion, design, site preparation, construction, and
equipping of the stadium and exhibition center, orto
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 ofthestadiumand 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 exemptfrom federal income taxes;
(iii) The team affiliate shall deposit at leastten,
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. Forthe
purposes of this subsection, "affordable price"
means that the price is the average of the lowest
ticket prices charged by all other national football
Ieagueteams;
(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
The above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority. The above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority.
1617
areas; 210(2)(b)(ii) of this act.
(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 underthe 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 centerwith a budget of at leastten 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 landscap-
ing, 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
43.21 C 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 orthe 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
The escrow agreement shall provide that the
fifty million dollar deposit shall be invested by the
state treasurer and shall earn interest. Ifthe stadium
and exhibition center project proceeds, then the
interest on amounts in the escrow account shall be
forthe 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 bythe
team affiliate under section 210(2)(b)(ii) of this act
and amounts previously and subsequently raised by
the public stadium authority undersection 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 orthe 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 forthe 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 bythe
office of financial management. Only the director of
the office of financial management orthe 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 bythe public stadium authority.
NEW SECTION. Sec. 213. The nondebt-
limit reimbursable bond retirement account shall be
used forthe 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
treasurerthe 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
The above text is an exact reproduction of Referendum Bill 46. The Office of the Secretary of State has no editorial authority.
18
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 ofeach 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 undersection 210
ofthis act, up tofive million dollars peryear 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 undersection 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 undersection 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 forthe 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 undersection
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 forthe
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 undersection 210 of this act, orto replace or
reimburse other funds used forthat purpose.
(4) Any moneys in the stadium and exhibition
center account not required or permitted to be used
forthe 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 orthe
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. Fundsshallbe
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
The above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority.
19
and the amount of the grant shall be in proportion to all state and local funds expended forpreconstruction
the population of the city or county for where the and construction costs of the stadium and exhibition
youth athletic facility is located. Grants awarded in center, including proceeds of any bonds issued for
any one year need not be distributed in that year. The the purposes of the stadium and exhibition center,
director of the interagency committee for outdoor tax revenues, and interest earned on the escrow
recreation may expend up to one and one-half account described in section 211 of this act and not
percent of the moneys deposited in the account including expenditures for deferred sales taxes.
created in this subsection for administrative (2) Sections 201 through 207, chapter ...,
purposes. Laws of 1997 (sections 201 through 207 of this act)
and this chapter constitute the entire state
NEWSECTION. 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 forthe 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
publicshare of a stadium and exhibition centershall
not exceed three hundred million dollars. For the
purposes of this section, "total public share" means
contribution fora 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 forthe purposes identified in section 210
of this act are exemptfrom 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 forthe 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 bythe 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 VI I of the
Washington state Constitution, but shall exclude the
following:
(1) Obligations for the payment of current
expenses of state government;
The above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority.
20
(2) Indebtedness incurred pursuantto 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 thatthe state treasury be reimbursed, in the
amount of the principal of and the interest on such
indebtedness, from money otherthan general state
revenues or from the special excise tax imposed
pursuantto chapter67.40 RCW;
(7) Indebtedness authorized and incurred
afterJuly 1, 1993, pursuantto statute that requires
thatthe 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 highereducation 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; ((arid))
(8) Any agreement, promissory note, orother
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 forthe purpose of
guaranteeing the payment or enhancing the
marketability, or both, of any state bonds, notes, or
other evidence of indebtedness: and
�9)1ndebtedness incurred forthe 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 treasurers trustfund 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 extentas 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 endowmentfund, the
Washington international exchange scholarship
endowment fund, the energy account, the fairfund,
the game farm alternative account, the grain
inspection revolving fund, the rural rehabilitation
account, the stadium and exhibition centeraccount.
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 11, section 37
of the state Constitution, no trust accounts orfunds
shall be allocated earnings without the specific
affirmative directive of this section.
NEWSECTION. Sec.222. Anewsectionis
added to chapter43.330 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 maybe spent only
after appropriation. Expenditures from the account
maybe used by the department of community, trade,
and economic development only forthe purposes of
promotion of the film and video production industry in
the state of Washington.
The above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority.
21
NEW SECTION. Sec. 223. Anew 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
forthe 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 forwhich other persons
pay a charge or regular higher charge forthe 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 (44) and (5) of this
section, 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 ortown by the county((;
exr.eptthat))_
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
underthis subsection ((4))) W(b) shall expirewhen
the bonds issued for the construction of the baseball
stadium are retired, but not laterthan twenty years
after the tax is first collected.
5 Notwithstandin subsection 3 of this
section the legislative authorit of a coup that has
reared a public stadium authority to developa
stadium and exhibition center under section 105 of
his act may levy and fix a tax on ch r es for
admission to events in a stadium and exhibition
center as defined in section 101 of this act
construe ed in the countv on orafter January 1 1998
that is owned by a public stadium a-uthority under
cha ter36.-- RCW sections 1 Q throw h 119 and
201 of this act . The tax shall be exclusive and shall
reclude the city or town within which the st diu
and xhibition center is located from i osin a to
of the same or similar kind on char es for admission
to events in the stadium and exhibition center. and
shailgreclud_ the imposition of a general c unty_
admissions tax on charges for admission to eve nts
in the stadium and exhibition centaf. For the
ur ❑ses of this subsection "char es for admission
to events" means only the actual admis ion char e
exclusive of taxes and ervice char es and the value
The above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority.
22
of are other benefit conferred b he admission. The PART IV
ax authorized under this subsection shall eat he PUBLIC WORKS PROVISIONS
Ea e of ndtmore than one cent on ten cents or fra ion
th`of. Revenues collected underthis subsection
shall be de asited in the stadium rid exhibi 'on
center account under section 214 of this act until the
bonds issued un er section 210 of this act for he
construction of the stadium and exhibition centerare
retired. After the bonds issued for the constru Gf of
the stadium and exhibition center are retired thetax
authorized under this section shall be used
exclusively tofund repair reeguipping_ and capital
improvement of the stadium and exhibition center.
The tax under this subsection maybe levied upon the
first use of any part of the stadium and exhibition
center but shall not be collected at a y facility already
in operation as of the effective date of this section.
NEW SECTION. Sec.302. Anew 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 a ny 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 centerare retired. Afterthe 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 underthis 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.
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, "publicworks" 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 publicworks 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 afterwhich
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 publicworks 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
The above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority,
23
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
bidderforsuch publicworkacontractor'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 afterthe
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 publicworks performed by county employees
in any annual or biennial budget period equal to a
dollarvalue not exceeding ten percentof the public
unr4e r•nne4n ir�inn hi irinct inr•h irlinn nnv m mm int 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 county subjectto these provisions has
publicworks 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 forthat 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 auditorthat
the amount of publicworks 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
subjectto these provisions containing a population of
one million or more shall not have public employees
perform a publicworks project in excess of seventy
thousand dollars if more than a single craft ortrade
is involved with the public works project, or a public
works project in excess of twenty-five thousand
dollars if only a single craft ortrade 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 publicworks budget shall be the value of
all the separate public works projects within the
hi irinat
(11) In addition to the accounting and
recordkeeping requirements contained in chapter
39.04 RCW, any county which uses public
employees to perform publicworks 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 emergencywork 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
The above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority.
24
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
publicworks 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 publicworks projects to
be performed by county employees shall not be
subjectto 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 applyto contracts
between the u lic stadium authority and a team
affiliate under section 106 4 of this act or
development agreements between the public
stadium a uth o rity and a team affiliate under ction
1 06(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 drain-
age 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 10 4 of this act or under devplopmen
agreements entered into under section 106(7)ofthis
actor 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 advertise-
ment 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.
NEWSECTION. Sec.403. Anewsectionis
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 -a (2)
and of this section, the alternative public works
contracting procedures authorized under this
chapter are limited to public works contracts signed
before July 1, ((4497-)) 2001. Methods of publicworks
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,
((4997)) 2001•
(2) Forthe 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 ignd
exhibition center, as defined in sec ion 101 ofthisact
the design -build contracting procedures under
RCW 39.1Q.050 shall remain in full fgrceasd effect
until completion of contracts signed before
PART V
KINGDOME DEBT
The above text is an exact reproduction of Referendum Bill 48. The Once of the Secretary of State has no editorial authority.
25
Sec. 501. RCW 67.28.18p 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 itshall 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
orto 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 againstthe
county tax forthe 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 pursuantto 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, Thatso
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 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 improve-
ment 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; ((er)) (ii) in any county with a
population of one million or more, for repayment or
refinancing of bonded indebtedness incurred prior to
Janua 1 1997 for an ur a eauthorized b thi
section or relating to_stadium repairs or rehabilE a-
tion, including but not limited to the cost of set Iin-
le al claims. reimbursing operating funds intere t
payments on short-term loam and any other
purpose forwhich such debt has been incurred ifthe
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 underthis 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, togetherwith equipment, utilities, accesso-
ries 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)Q 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, Tha ))-
(ii) If bonds have been issued under section
210 of this act and a ny necessa ry propertytransfers
have been made under section 109 of this act, no city
within a county with a population of one million or
are may levy the tax authorized by this sec ion
before Janua 1 2021.
(iii) However, in the event that any city in
((6+�)) a county described in i or ii of this
subsection (2 cj has levied the tax authorized by
this section and has, prior to June 26, 1975,
authorized and issued revenue orgeneral 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 underthis 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, forthe following purposes and in a manner
reflecting the following order of priority: Stadium
(( mes-as dam)) purposes as
authorized under subsection (2)(b) of this section;
acquisition of open space lands; youth sports
activities; and tourism promotion. If all or partof the
debt on the stadium is refinanced, -all revenues under
this subsection QVaVii) shall be used to retire the
debt.
(b) From .January 1, 2013, through
becember31, 2015, in a county with a population of
o_ne_mil lion or more, all revenues under this section
shall e u ed to retire the debt on the s-tadium,r
deposited in the stadium and exhibition center
account under section 214 of this act after he ebt
on the stadium is retired.
Lc) -From January 1. 2016,,through
December 31 2020 in a county with a population of
Qne million or more all revenues under this section
shall be deposited in the stadium and exhibition
center account under section 214 of this act.
aAt least seventy percent of moneys spent
under (a)(i) of this subsection forthe 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 forthe 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)))10 may be used for payment of
principal and interest on bonds issued for capital
projects. Qualifying organizations receiving moneys
under this subsection (3)(((43,))) ko 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 opera-
tional capacity subsequentto completion of projects
or purchase of machinery and equipment; and
(vi) Evidence that there has been indepen-
dent financial review of the organization.
(((s))) ko At least forty percent of the
revenues distributed pursuant to (a)(i) of this
subsection forthe 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 forthe purposes of (a)(i) of this subsection.
(((d))) JQ School districts and schools shall
not receive revenues distributed pursuantto (a)(i) of
this subsection.
(((e))) lM Moneys distributed to art
museums, cultural museums, heritage museums,
the arts, and the performing arts, and moneys
distributed fortourism 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))) U 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 sports events. Moneys allocated to tourism
promotion in a class AA county shall be allocated to
nonprofit organizations formed for the express
purpose of tourism promotion in the county. Such
organizations shall use moneys from the taxes to
promote events in all parts of the class AA county.
(((9))) Q No taxes collected under this
section may be used for the operation or
maintenance of a public stadium that is financed
directly or indirectly by bonds to which the tax is
pledged. Expenditures for operation or maintenance
include all expenditures otherthan expenditures that
directly result in new fixed assets or that directly
increase the capacity, life span, or operating
economy of existing fixed assets.
The above text is an exact reproduction of Referendum Bill 48. The Once of the Secretary of State has no editorial authority.
26
The above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority.
27
((N)) fD No ad valorem property taxes
may be used for debt service on bonds issued for
a public stadium that is financed by bonds to
which the tax is pledged, unless the taxes
collected under this section are or are projected to
be insufficient to meet debt service requirements
on such bonds.
(({))) lkl If a substantial part of the operation
and management of a public stadium that is financed
directly or indirectly by bonds to which the tax is
pledged is performed by a nonpublic entity or if a
public stadium is sold that is financed directly or
indirectly by bonds to which the tax is pledged, any
bonds to which the tax is pledged shall be retired.
This subsection (3)(({4)) (k does not apply in
respectto a publicstadiumurider chapter 35.-- RCW
(sections 101 through 119 and 201 of this act)
transferred to, owned by, or constructed by a public
facilities district under chapter 36.100 RCW or a
stadium and exhibition center.
((&) 0 The county shall not lease a public
stadium that is financed directly or indirectly by
bonds to which the tax is pledged to, or authorize the
use of the public stadium by, a professional major
league sports franchise unless the sports franchise
gives the right of first refusal to purchase the sports
franchise, upon its sale, to local government. This
subsection (3)((&) 0 does not apply to contracts in
existence on April 1,1986.
If a court of competent jurisdiction declares
any provision of this subsection (3) invalid, then that
invalid provision shall be null and void and the
remainder of this section is not affected.
Sec. 502. RCW 82.14.049 and 1992 c 194 s
3 are each amended to read as follows:
The legislative authority of any county may
impose a sales and use tax, in addition to the tax
authorized by RCW 82.14.030, upon retail car
rentals within the county that are taxable by the state
under chapters 82.08 and 82.12 RCW. The rate of
tax shall be one percent of the selling price in the
case of a sales tax or rental value of the vehicle in the
case of a use tax. Proceeds of the tax shall not be
used to subsidize any professional sports team and
shall be used solely for the following purposes:
(1) Acquiring, constructing, maintaining, or
operating public sports stadium facilities;
(2) Engineering, planning, financial, legal, or
professional services incidental to public sports
stadium facilities; ((ef))
(3) Youth or amateur sport activities or
facilities Qr
(4) Debt or refinancing debt issued far the
purposes of subsection (1) of this section.
At least seventy -five —percent of the tax
imposed under this section shall be use for the
purposes of subsections (1), (2). and f4 of this
section.
PART VI
MISCELLANEOUS
NEW SECTION. Sec. 601. Part headings
used in this act are not any part of the law.
NEW SECTION. Sec. 602. If any provision
of this act or its application to any person or
circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or
circumstances is not affected.
NEW SECTION. Sec. 603. (1) Sections 101
through 119 and 201 of this act constitute a new
chapter in Title 36 RCW.
(2) Sections 209 through 219 of this act
constitute a new chapter in Title 43 RCW.
NEW SECTION. Sec. 604. The referendum
on this act is the only measure authorizing, levying,
or imposing taxes fora stadium and exhibition center
that maybe put to a public vote. Should the act fail
to be approved at the special election on or before
June 20, 1997, the legislature shall not pass other
legislation to build orfinance a stadium and exhibition
center, as defined in section 101 of this act, for the
team affiliate.
PLEASE NOTE:
In the preceding measure, all words in double
parentheses with a line through them are in State
law at the present time and will be taken out if the
measure is adopted. Underlined words do not
appear in State law as it is now written but will be put
in if the measure is adopted.
To obtain a copy of the text of this proposed
measure in larger print, call the Secretary of State's
toll -free hotline -- 1-800-448-4881.
The following four sections of Chapter
220, Laws of 1997, were not referred to the
voters by the Legislature as part of Referendum
Bill 48. The sections deal primarily with the
administration of the special election on this state
measure. They have been included here so that
voters will be aware of which provisions of
Chapter 220, Laws of 1997, have or will become
effective, independent of the vote on the
referendum bill:
NEW SECTION. Sec. 605. The
legislature neither affirms nor refutes the value of
this proposal, and by this legislation simply
expresses its intent to provide the voter of the
state of Washington an opportunity to express the
voter's decision. It is also expressed that many
legislators might personally vote against this
proposal at the polls, or they might not.
NEW SECTION. Sec. 606. Notwithstand-
ing any other provision of this act, this act shall be
null and void in its entirety unless the team affiliate
as defined in section 101 of this act enters into an
agreement with the secretary of state to
reimburse the state and the counties for the full
cost of the special election to be held on or before
June 20, 1997.
NEW SECTION. Sec. 607. (1) The
secretary of state shall submit sections
101 through 604 of this act to the people for their
adoption and ratification, or rejection, at a special
election to be held in this state on or before June
20,1997, in accordance with Article 11, section 1 of
the state Constitution and the laws adopted to
facilitate its operation. The special election shall
be limited to submission of this act to the people.
(2) The attorney general shall prepare the
explanatory statement required by RCW 29.81.020
and transmit that statement regarding the
referendum to the secretary of state no later than
the last Monday of April before the special
election.
(3) The secretary of state shall prepare
and distribute a voters' pamphlet addressing this
referendum measure following the procedures
and requirements of chapter 29.81 RCW, except
that the secretary of state may establish different
deadlines for the appointment of committees to
draft, arguments for and against the referendum,
for submitting arguments for and against the
referendum, and for submitting rebuttal state-
ments of arguments for and against the
referendum. The voters' pamphlet description of
the referendum measure shall include information
to inform the public that ownership of the
KingDome may be transferred to the public
stadium authority and that the KingDome will be
demolished in order to accommodate the new
football stadium.
(4) A county auditor may conduct ,the
voting at this special election in all precincts of the
county by mail using the procedures set forth in
RCW 29.36.121 through 29.36.139.
(5) Notwithstanding the provisions of
RCW 29.62.020, the county canvassing board in
each county shall canvass and certify the votes
cast at this special election in that county to the
secretary of state no later than the seventh day
following the election. Notwithstanding the
provisions of RCW 29.62.120, the secretary of
state shall canvass and certify the returns from
the counties no later than the ninth day following
the special election.
(6) The secretary of state shall reimburse
each county for the cost of conducting the special
election in that county in the same manner as
state primary and general election costs are
reimbursed under RCW 29.13.047 (1) and (3).
(7) No other state, county, or local election
shall be required or held on any proposition
related to or affecting the stadium and exhibition
center defined in section 101 of this act.
NEW SECTION. Sec. 608. Sections 606
and 607 of this act are necessary for the
immediate preservation of the public peace,
health, or safety, or support of the state
government and its existing public institutions,
and take effect immediately.
1
2 3 4
5
6
7
8
9 11
12
13
14
15
8
1 2>,25
19
20
21
22
23
26
27
28
29 30
VOTE DUNE 17!10
The above text is an exact reproduction of Referendum Bill 48. The Office of the Secretary of State has no editorial authority. The above text is an exact reproduction of Referendum Bi1148. The Office of the Secretary of State has no editorial authority.
28 29
BSENT
040 O
INSTRUCTIONS: Any registered voter may apply for an absentee ballot. Once you receive your absentee/special ballot,
vote it. Please do not attempt to vote at the poll site also. Contact your county auditor or elections department for further
information. For your convenience, addresses and telephone numbers are listed below.
NOTE: Also listed below are phone numbers for the hearing or speech impaired using Telecommunications
Device for the Deaf (TDD) service. The Office of the Secretary of State also provides a toll -free voter
Information service for the hearing or speech impaired, 1-800-422-8683. If you are using an "800 number"
for TDD service, you must be prepared to give the relay service operator the number for your county.
HEARING
TELEPHONE
IMPAIRED
COUNTY
ADDRESS
CITY
ZIP
NUMBER
TDD SERVICE
Adams
210 West Broadway
Ritzville
99169
(509) 659-0090 Ext 203
(509) 659-1122
Asotin
P.O. Box 129
Asotin
99402
(509) 243-2084
1-800-855-1155
Benton
P.O. Box 470
Prosser
99350
(509) 736-3085
(509) 736-3063
Chelan
P.O. Box 400
Wenatchee
98807
(509) 664-5431
1-800-833-6388
Clallam
P.O. Box 3030
Port Angeles
98362
(360) 417-2221
1-800-833-6388
Clark
P.O. Box 9812
Vancouver
98666-8812
(360) 699-2345
(360) 737-6032
Columbia
341 East Main St.
Dayton
99328
(509) 382-4541
(509) 382-4541
Cowlitz
207 4th Avenue N.
Kelso
98626
(360) 577-3005
1-800-833-6388
Douglas
P.O. Box 456
Waterville
98858
(509) 884-9403
(509) 884-9477
Ferry
P.O. Box 498
Republic
99166
(509) 775-5208
1-800-833-6388
Franklin
P.O. Box 1451
Pasco
99301
(509) 545-3538
1-800-344-4358
Garfield
P.O. Box 278
Pomeroy
99347
(509) 843-1411
1-800-344-4358
Grant
P.O. Box 37
Ephrata
98823
(509) 754-2011 Ext 377
1-800-833-6388
Grays Harbor
P.O. Box 751
Montesano
98563
(360) 249-4232
(360) 249-6575
Island
P.O. Box 5000
Coupeville
98239
(360) 679-7366
(360) 679-7305
Jefferson
P.O. Box 563
Port Townsend
98368
(360) 385-9119
1-800-833-6388
1-800-831-2678
King
500 4th Avenue
Seattle
98104
(206) 296-8683
(206) 296-0109
Kitsap
614 Division St.
Port Orchard
98366
(360) 876-7128
1-800-833-6388
Kittitas
205 W. 5th
Ellensburg
98926
(509) 962-7503
1-800-833-6388
Klickitat
205 S. Columbus
Goldendale
98620
(509) 773-4001
1-800-833-6388
Lewis
P.O. Box 29
Chehalis
98532-0029
(360) 740-1164
(360) 740-1480
Lincoln
P.O. Box 366
Davenport
99122
(509) 725-4971
1-800-833-6388
Mason
P.O. Box 400
Shelton
98584
(360) 427-9670 Ext 470
1-800-833-6388
Okanogan
P.O. Box 1010
Okanogan
98840
(509) 422-7240
1-800-855-1155
Pacific
P.O. Box 97
South Bend
98586
(360) 875-9317
(360) 875-9400
Pend Oreille
P.O. Box 5015
Newport
99156
(509) 447-3185
(509) 447-3186
Pierce
2401 S. 35th St., Rm. 200
Tacoma
98409-7484
(253) 798-7430
1-800-833-6388
1-800-446-4979
San Juan
P.O. Box 638
Friday Harbor
98250
(360) 378-3357
(360) 378-4151
Skagit
P.O. Box 1306
Mt. Vernon
98273
(360) 336-9305
(360) 336-9332
Skamania
P.O. Box 790
Stevenson
98648
(509) 427-9420
1-800-833-6388
Snohomish
3000 Rockefeller Avenue
Everett
98201
(425) 259-4726
(425) 388-3700
1-800-562-4367
Spokane
W. 1116 Broadway
Spokane
99260-0020
(509) 456-2320
(509) 456-2333
Stevens
215 S. Oak
Colville
99114
(509) 684-7514
1-800-833-6388
Thurston
2000 Lakeridge Dr. S.W.
Olympia
98502
(360) 786-5408
(360) 754-2933
Wahkiakum
P.O. Box 543
Cathlamet
98612
(360) 795-3219
1-800-833.6388
Walla Walla
P.O. Box 1856
Walla Walla
99362-0356
(509) 527-3204
1-800-833-6388
Whatcom
P.O. Box 398
Bellingham
98227
(360) 676-6745
(360) 738.4556
Whitman
P.O. Box 350
Colfax
99111
(509) 397-6270
1-800-833-6388
Yakima
128 N. 2nd St. #117
Yakima
98901
(509) 574-1340
1-800-833.6388
TO BE FILLED OUT BY APPLICANT
I HEREBY DECLARE THAT I AM A REGISTERED VOTER
PLEASE PRINT IN INK
Registered Name
Street Address
City Zip
Telephone: (Day) (Evening)
For identification purposes only:
(Optional) Have you recently
Birth Date registered to vote? Yes 0 No 0
TO BE VALID, YOUR SIGNATURE MUST BE INCLUDED
Date
SIGNATURE OD
SEND MY BALLOT TO THE FOLLOWING ADDRESS:
Mailing Address
City
State
Zip
Country
THIS APPLICATION IS FOR:
Special Election Only
June 17, 1997 171
Permanent Request
All Future Elections 171
FOR OFFICE USE ONLY:
Precinct Code
Levy Code
Ballot Code
Ballot Mailed
If you have requested an Absentee Ballot or have a permanent request for an Absentee Ballot on file, please do not submit another application.
ABSENTEE BALLOT REQUEST
TO BE FILLED OUT BY APPLICANT
I HEREBY DECLARE THAT I AM A REGISTERED VOTER
PLEASE PRINT IN INK
Registered Name
Street Address
City Zip
Telephone: (Day) (Evening)
For identification purposes only:
(Optional) Have you recently
Birth Date registered to vote? Yes O No O
TO BE VALID, YOUR SIGNATURE MUST BE INCLUDED
Date
SIGNATURE On
SEND MY BALLOT TO THE FOLLOWING ADDRESS:
Mailing Address
City
State
x
Zip Country
THIS APPLICATION IS FOR:
Special Election Only
June 17, 1997 171
Permanent Request
All Future Elections 171
FOR OFFICE USE ONLY:
Precinct Code
Levy Code —
Ballot Code`
Ballot Mailed
W.
If you have requested an Absentee Ballot or have a permanent request for an Absentee Ballot on file, please do not submit another application. 31
SPECIAL ELECTION
oters
iphlet
Published by the
Office of the Secretary of State
@aQW80
NONPROFIT ORG.
U.S. POSTAGE
PAID
SEATTLE, WA
PERMIT NO. 1216
ECRWSS
Residential
Postal Customer