ESHB 1253 -
By Committee on Trade & Economic Development
OUT OF ORDER 04/15/2013
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 67.28.1816 and 2008 c 28 s 1 are each amended to read
as follows:
(1) Lodging tax revenues under this chapter may be used, directly
by ((local jurisdictions)) any municipality or indirectly through a
convention and visitors bureau or destination marketing
organization((,)) for:
(a) Tourism marketing;
(b) The marketing and operations of special events and festivals
designed to attract tourists ((and to support));
(c) Supporting the operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public
facilities district created under chapters 35.57 and 36.100 RCW; or
(d) Supporting the operations of tourism-related facilities owned
or operated by nonprofit organizations described under ((section)) 26
U.S.C. Sec. 501(c)(3) and ((section)) 26 U.S.C. Sec. 501(c)(6) of the
internal revenue code of 1986, as amended.
(2) ((Local jurisdictions that use the lodging tax revenues under
this section must submit an annual economic impact report to the
department of community, trade, and economic development for
expenditures made beginning January 1, 2008. These reports must
include the expenditures by the local jurisdiction for tourism
promotion purposes and what is used by a nonprofit organization exempt
from taxation under 26 U.S.C. Sec. 501(c)(3) or 501(c)(6). This
economic impact report, at a minimum, must include: (a) The total
revenue received under this chapter for each year; (b) the list of
festivals, special events, or nonprofit 501(c)(3) or 501(c)(6)
organizations that received funds under this chapter; (c) the list of
festivals, special events, or tourism facilities sponsored or owned by
the local jurisdiction that received funds under this chapter; (d) the
amount of revenue expended on each festival, special event, or
tourism-related facility owned or sponsored by a nonprofit 501(c)(3) or
501(c)(6) organization or local jurisdiction; (e) the estimated number
of tourists, persons traveling over fifty miles to the destination,
persons remaining at the destination overnight, and lodging stays
generated per festival, special event, or tourism-related facility
owned or sponsored by a nonprofit 501(c)(3) or 501(c)(6) organization
or local jurisdiction; and (f) any other measurements the local
government finds that demonstrate the impact of the increased tourism
attributable to the festival, special event, or tourism-related
facility owned or sponsored by a nonprofit 501(c)(3) or 501(c)(6)
organization or local jurisdiction.)) (a) Except as provided in
(b) of this subsection, applicants applying for use of revenues in this
chapter must provide the municipality to which they are applying
estimates of how any moneys received will result in increases in the
number of people traveling for business or pleasure on a trip:
(3) The joint legislative audit and review committee must report to
the legislature and the governor on the use and economic impact of
lodging tax revenues by local jurisdictions since January 1, 2008, to
support festivals, special events, and tourism-related facilities owned
or sponsored by a nonprofit organization under section 501(c)(3) or
501(c)(6) of the internal revenue code of 1986, as amended, or a local
jurisdiction, and the economic impact generated by these festivals,
events, and facilities. This report shall be due September 1, 2012.
(4) Reporting under this section must begin with calendar year
2008.
(5) This section expires June 30, 2013.
(i) Away from their place of residence or business and staying
overnight in paid accommodations;
(ii) To a place fifty miles or more one way from their place of
residence or business for the day or staying overnight; or
(iii) From another country or state outside of their place of
residence or their business.
(b)(i) In a municipality with a population of five thousand or
more, applicants applying for use of revenues in this chapter must
submit their applications and estimates described under (a) of this
subsection to the local lodging tax advisory committee.
(ii) The local lodging tax advisory committee must select the
candidates from amongst the applicants applying for use of revenues in
this chapter and provide a list of such candidates and recommended
amounts of funding to the municipality for final determination. The
municipality may choose only recipients from the list of candidates and
recommended amounts provided by the local lodging tax advisory
committee.
(c)(i) All recipients must submit a report to the municipality
describing the actual number of people traveling for business or
pleasure on a trip:
(A) Away from their place of residence or business and staying
overnight in paid accommodations;
(B) To a place fifty miles or more one way from their place of
residence or business for the day or staying overnight; or
(C) From another country or state outside of their place of
residence or their business. A municipality receiving a report must:
Make such report available to the local legislative body and the
public; and furnish copies of the report to the department of commerce
and members of the local lodging tax advisory committee.
(ii) The joint legislative audit and review committee must on a
biennial basis report to the economic development committees of the
legislature on the use and economic impact of lodging tax revenues by
municipalities based on the reports furnished to the department of
commerce under (c)(i) of this subsection. Reporting under this
subsection must begin in calendar year 2015.
Sec. 2 RCW 67.28.080 and 2007 c 497 s 1 are each reenacted and
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Acquisition" includes, but is not limited to, siting,
acquisition, design, construction, refurbishing, expansion, repair, and
improvement, including paying or securing the payment of all or any
portion of general obligation bonds, leases, revenue bonds, or other
obligations issued or incurred for such purpose or purposes under this
chapter.
(2) "Municipality" means any county, city or town of the state of
Washington.
(3) "Operation" includes, but is not limited to, operation,
management, and marketing.
(4) "Person" means the federal government or any agency thereof,
the state or any agency, subdivision, taxing district or municipal
corporation thereof other than county, city or town, any private
corporation, partnership, association, or individual.
(5) "Tourism" means economic activity resulting from tourists,
which may include sales of overnight lodging, meals, tours, gifts, or
souvenirs.
(6) "Tourism promotion" means activities, operations, and
expenditures designed to increase tourism, including but not limited to
advertising, publicizing, or otherwise distributing information for the
purpose of attracting and welcoming tourists; developing strategies to
expand tourism; operating tourism promotion agencies; and funding the
marketing of or the operation of special events and festivals designed
to attract tourists.
(7) "Tourism-related facility" means real or tangible personal
property with a usable life of three or more years, or constructed with
volunteer labor that is: (a)(i) Owned by a public entity; (ii) owned
by a nonprofit organization described under section 501(c)(3) of the
federal internal revenue code of 1986, as amended; or (iii) owned by a
nonprofit organization described under section 501(c)(6) of the federal
internal revenue code of 1986, as amended, a business organization,
destination marketing organization, main street organization, lodging
association, or chamber of commerce and (b) used to support tourism,
performing arts, or to accommodate tourist activities.
(((8) "Tourist" means a person who travels from a place of
residence to a different town, city, county, state, or country, for
purposes of business, pleasure, recreation, education, arts, heritage,
or culture.))
(9) Amendments made in section 1, chapter 497, Laws of 2007 expire
June 30, 2013.
NEW SECTION. Sec. 3 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
July 1, 2013."
ESHB 1253 -
By Committee on Trade & Economic Development
OUT OF ORDER 04/15/2013
On page 1, line 1 of the title, after "tax;" strike the remainder of the title and insert "amending RCW 67.28.1816; reenacting and amending RCW 67.28.080; providing an effective date; and declaring an emergency."
EFFECT: Removes the June 30, 2013, sunset clause;
Provides that lodging tax revenues may be used to fund (1) tourism
marketing, (2) the marketing and operations of special events and
festivals designed to attract tourists, (3) the operations and capital
expenditures of tourism-related facilities owned or operated by a
municipality or a public facilities district, and (4) the operations of
tourism-related facilities owned by nonprofit organizations;
Provides that when applicants apply for funding they must give
estimates on how the moneys they receive will increase the number of
tourists visiting the municipality including anticipated overnight
stays;
Requires applicants in a municipality with a population of over
5,000 to submit their applications to the local tax advisory committee
for initial funding determination;
Requires municipalities to select final recipients for funding
based on the list provided by the local tax advisory committee;
Requires recipients to submit a report to the municipality
comparing the estimated tourism benefits with the actual outcomes to
the municipality;
Requires JLARC to conduct a biennial economic impact study of the
lodging tax revenue expenditures beginning in 2015; and
Amends the definition of tourist.