H-1738.2                  _______________________________________________

 

                                                      HOUSE BILL 2058

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1993 Regular Session

 

By Representatives G. Fisher, Holm, Finkbeiner and Appelwick

 

Read first time 02/24/93.  Referred to Committee on Revenue.

 

Providing a homestead property tax exemption.


          AN ACT Relating to property tax relief for owner-occupied single-family residences; amending RCW 84.36.387, 84.36.389, 14.08.290, 17.28.100, 17.28.252, 27.12.050, 27.12.150, 27.12.390, 27.12.420, 35.07.180, 35.23.470, 35.24.350, 35.30.020, 35.31.060, 35.32A.060, 35.33.145, 35.34.250, 35.56.190, 35.58.090, 35.61.210, 35A.31.070, 35A.33.145, 35A.34.250, 36.33.140, 36.40.090, 36.54.080, 36.62.090, 36.68.525, 36.69.145, 36.82.040, 41.16.060, 45.72.050, 52.04.011, 52.04.081, 52.12.031, 52.16.130, 52.16.140, 52.16.160, 53.36.020, 53.36.070, 53.36.100, 53.47.040, 54.16.080, 56.04.030, 56.04.050, 56.08.110, 57.04.030, 57.04.050, 57.08.110, 57.20.100, 67.38.130, 68.52.310, 70.44.060, 70.94.091, 71.20.110, 73.08.080, 84.34.230, 84.52.010, 84.52.043, 84.52.063, 84.52.065, 84.52.069, 86.12.010, 86.13.010, 86.15.160, and 87.84.070; adding new sections to chapter 84.36 RCW; creating new sections; prescribing penalties; and providing a contingent effective date.

 

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

 

          NEW SECTION.  Sec. 1.  The intent of this act is to provide a homestead exemption for all owner-occupied single family residences, equal to the median value of homes in each county.  The costs of these exemptions will be recovered by raising the maximum property tax rate for each taxing district by ten percent.

 

          NEW SECTION.  Sec. 2.  (1) As used in this section and section 3 of this act:

          (a) "Claimant" means a person claiming an exemption under this section.

          (b) "Homestead exemption" means an exemption under this section.

          (c) "Residence," "real property," and "cotenant" have the meanings given in RCW 84.36.383.

          (2) Subject to the conditions in this section, section 3 of this act, RCW 84.36.387, and 84.36.389, a person shall be exempt from any legal obligation to pay all or a portion of the amount of excess and regular real property taxes imposed upon a residence that was occupied by the claimant as a principal place of residence as of January 1st of the year for which the exemption is claimed.  A person who sells, transfers, or is displaced from his or her residence may transfer his or her exemption status to a replacement residence, but no claimant shall receive an exemption on more than one residence in any year.  Confinement of the person to a hospital or nursing home shall not disqualify the claim of exemption if the residence is temporarily unoccupied or if the  residence is occupied by a spouse and a person financially dependent on the claimant for support or by a person financially dependent on the claimant for support.

          (3) To be eligible for a homestead exemption, the claimant must have owned, at the time of filing, in fee, as a life estate, or by contract purchase, the residence on which the property taxes have been imposed or if the claimant lives in a cooperative housing association, corporation, or partnership, such person must own a share therein representing the unit or portion of the structure in which he or she resides.  For purposes of this subsection, a residence owned by a marital community or owned by cotenants is deemed to be owned by each spouse or cotenant, and any lease for life is deemed a life estate.

          (4) A claimant who qualifies for a homestead exemption shall be exempt from all excess and regular property taxes on the portion of the valuation of the residence that is equal to twenty-five percent of the median value of all property for which a homestead exemption has been granted in the county, as determined each assessment year by the county assessor.

          (5) Homestead exemptions are in addition to other exemptions allowed under this chapter.

 

          NEW SECTION.  Sec. 3.  (1) A claim for homestead exemption shall be made and filed on or before June 30 of the year for exemption from taxes payable the following year and thereafter until the claimant is no longer eligible for a homestead exemption.  A person granted a homestead exemption shall inform the county assessor of any change in status affecting the person's entitlement to the exemption.  A person acquiring property to which a homestead exemption applies may continue the exemption, if the person is eligible for a homestead exemption, by filing a claim on or before the date real estate excise tax is due on the transfer under chapter 82.45 RCW, or if the transfer is exempt under chapter 82.45 RCW, on or before thirty days after the transfer.

          (2) If the assessor finds that the claimant does not meet the qualifications for a homestead exemption, the exemption shall be denied but the denial shall be subject to appeal under the  provisions of RCW 84.48.010, fifth rule.  If the applicant had received exemption in prior years based on erroneous information, the taxes shall be collected subject to penalties as provided in RCW 84.40.130 for a period of not to exceed three years.

          (3) The department and each local assessor shall publicize the qualifications and manner of making claims for homestead exemption through communications media, including such paid advertisements or notices as the department or assessor deems appropriate.  Notice of the qualifications, method of making applications, the penalties for not reporting a change in status, and availability of further information shall be included on or with property tax statements and revaluation notices for all residential property including mobile homes, except rental properties.

          (4) All claims and notices of change in status shall be made on forms prescribed and furnished by the department.

 

        Sec. 4.  RCW 84.36.387 and 1992 c 206 s 14 are each amended to read as follows:

          (1) All claims for exemption under RCW 84.36.381 and section 2 of this act shall be made and signed by the person entitled to the exemption, by his or her attorney in fact or in the event the residence of such person is under mortgage or purchase contract requiring accumulation of reserves out of which the holder of the mortgage or contract is required to pay real estate taxes, by such holder or by the owner, either before two witnesses or the county assessor or his or her deputy in the county where the real property is located:  PROVIDED, That if a claim for exemption is made by a person living in a cooperative housing association, corporation, or partnership, such claim shall be made and signed by the person entitled to the exemption and by the authorized agent of such cooperative.

          (2) If the taxpayer is unable to submit his or her own claim, the claim shall be submitted by a duly authorized agent or by a guardian or other person charged with the care of the person or property of such taxpayer.

          (3) All claims for exemption and renewal applications under RCW 84.36.381 shall be accompanied by such documented verification of income as shall be prescribed by rule adopted by the department of revenue.

          (4) Any person signing a false claim with the intent to defraud or evade the payment of any tax shall be guilty of the offense of perjury.

          (5) The tax liability of a cooperative housing association, corporation, or partnership shall be reduced by the amount of tax exemption to which a claimant residing therein is entitled and such cooperative shall reduce any amount owed by the claimant to the cooperative by such exact amount of tax exemption or, if no amount be owed, the cooperative shall make payment to the claimant of such exact amount of exemption.

          (6) A remainderman or other person who would have otherwise paid the tax on real property that is the subject of an exemption granted under RCW 84.36.381 or section 2 of this act for an estate for life shall reduce the amount which would have been payable by the life tenant to the remainderman or other person to the extent of the exemption.  If no amount is owed or separately stated as an obligation between these persons, the remainderman or other person shall make payment to the life tenant in the exact amount of the exemption.

 

        Sec. 5.  RCW 84.36.389 and 1979 ex.s. c 214 s 4 are each amended to read as follows:

          (1) The director of the department of revenue shall adopt such rules ((and regulations)) and prescribe such forms as may be necessary and appropriate for implementation and administration of this chapter subject to chapter 34.05 RCW, the administrative procedure act.

          (2) The department may conduct such audits of the administration of RCW 84.36.381 through 84.36.389, section 2 of this act, section 3 of this act and the claims for exemption filed thereunder as it considers necessary.  The powers of the department under chapter 84.08 RCW apply to these audits.

          (3) Any information or facts concerning confidential income data obtained by the assessor or the department, or their agents or employees, under subsection (2) of this section shall be used only to administer RCW 84.36.381 through 84.36.389.  Notwithstanding any provision of law to the contrary, absent written consent by the person about whom the information or facts have been obtained, the confidential income data shall not be disclosed by the assessor or the assessor's agents or employees to anyone other than the department or the department's agents or employees nor by the department or the department's agents or employees to anyone other than the assessor or the assessor's agents or employees except in a judicial proceeding pertaining to the taxpayer's entitlement to the tax exemption under RCW 84.36.381 through 84.36.389.  Any violation of this subsection is a misdemeanor.

 

        Sec. 6.  RCW 14.08.290 and 1973 1st ex.s. c 195 s 1 are each amended to read as follows:

          The establishment of county airport districts is hereby authorized.  Written application for the formation of such a district signed by at least one hundred registered voters, who reside and own real estate in the proposed districts, shall be filed with the board of county commissioners.  The board shall immediately transmit the application to the proper registrar of voters for the proposed district who shall check the names, residence and registration of the signers with the records of his or her office and shall, as soon as possible, certify to said board the number of qualified signers.  If the requisite number of signers is so certified, the board shall thereupon place the proposition:  "Shall a county airport district be established in the following area:  (describing the proposed district)?," upon the ballot for vote of the people of the proposed district at the next election, general or special.  If a majority of the voters on such proposition shall vote in favor of the proposition, the board, shall, by resolution, declare the district established.  If the requisite number of qualified persons have not signed the application, further signatures may be added and certified until the requisite number have signed and the above procedure shall be thereafter followed.

          The area of such district may be the area of the county including incorporated cities and towns, or such portion or portions thereof as the board may determine to be the most feasible for establishing an airport.  When established, an airport district shall be a municipality as defined in this chapter and entitled to all the powers conferred by this chapter and exercised by municipal corporations in this state.  The airport district is hereby empowered to levy not more than  ((seventy-five)) eighty-three cents per thousand dollars of assessed value of the property lying within the said airport district:  PROVIDED, HOWEVER, Such levy shall not be made unless first approved at any election called for the purpose of voting on such levy.

 

        Sec. 7.  RCW 17.28.100 and 1982 c 217 s 1 are each amended to read as follows:

          At the same election there shall be submitted to the voters residing within the district, for their approval or rejection, a proposition authorizing the mosquito control district, if formed, to levy at the earliest time permitted by law on all taxable property located within the mosquito control district a general tax, for one year, of up to twenty-((five)) eight cents per thousand dollars of assessed value in excess of any constitutional or statutory limitation for authorized purposes of the mosquito control district.  The proposition shall be expressed on the ballots in substantially the following form:

 

                                                            "ONE YEAR . . . . . . CENTS PER

                                            THOUSAND DOLLARS OF ASSESSED VALUE LEVY

 

          "Shall the mosquito control district, if formed, levy a general tax of . . . . . . cents per thousand dollars of assessed value for one year upon all the taxable property within said district in excess of the constitutional and/or statutory tax limits for authorized purposes of the district?

 

          YES.......................................................................................................................................................................... G

          NO ......................................................................................................................................................................... G"

 

          Such proposition to be effective must be approved by a majority of at least three-fifths of the persons voting on the proposition to levy such tax in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 59 and as thereafter amended.

 

        Sec. 8.  RCW 17.28.252 and 1973 1st ex.s. c 195 s 3 are each amended to read as follows:

          A mosquito control district shall have the power to levy additional taxes in excess of the constitutional and/or statutory limitations for any of the authorized purposes of such district, not in excess of fifty-five cents per thousand dollars of assessed value per year when authorized so to do by the electors of such district by a three-fifths majority of those voting on the proposition in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 59 and as thereafter amended at such time as may be fixed by the board of trustees for the district, which special election may be called by the board of trustees of the district, at which special election the proposition of authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "Yes" and those opposing thereto to vote "No".  Nothing herein shall be construed to prevent holding the foregoing special election at the same time as that fixed for a general election.

 

        Sec. 9.  RCW 27.12.050 and 1973 1st ex.s. c 195 s 5 are each amended to read as follows:

          After the board of county commissioners has declared a rural county library district established, it shall appoint a board of library trustees and provide funds for the establishment and maintenance of library service for the district by making a tax levy on the property in the district of not more than fifty-five cents per thousand dollars of assessed value per year sufficient for the library service as shown to be required by the budget submitted to the board of county commissioners by the board of library trustees, and by making a tax levy in such further amount as shall be authorized pursuant to RCW 27.12.222 or RCW 84.52.052 or 84.52.056.  Such levies shall be a part of the general tax roll and shall be collected as a part of the general taxes against the property in the district.

 

        Sec. 10.  RCW 27.12.150 and 1973 1st ex.s. c 195 s 7 are each amended to read as follows:

          Funds for the establishment and maintenance of the library service of the district shall be provided by the boards of county commissioners of the respective counties by means of an annual tax levy on the property in the district of not more than fifty-five cents per thousand dollars of assessed value per year.  The tax levy in the several counties shall be at a uniform rate and shall be based on a budget to be compiled by the board of trustees of the intercounty rural library district who shall determine the uniform tax rate necessary and certify their determination to the respective boards of county commissioners.

          Excess levies authorized pursuant to RCW 27.12.222 and RCW 84.52.052 or 84.52.056 shall be at a uniform rate which uniform rate shall be determined by the board of trustees of the intercounty rural library district and certified to the respective boards of county commissioners.

 

        Sec. 11.  RCW 27.12.390 and 1982 c 123 s 16 are each amended to read as follows:

          The annual tax levy authorized by RCW 27.12.050, 27.12.150, and 27.12.420 shall be imposed throughout the library district, including any city or town annexed thereto.  Any city or town annexed to a rural library district, island library district, or intercounty rural library district shall be entitled to levy up to three dollars and ((sixty)) ninety-six cents per thousand dollars of assessed valuation less any regular levy made by such library district in the incorporated area, notwithstanding any other provision of law:  PROVIDED, That the limitations upon regular property taxes imposed by chapter 84.55 RCW shall apply.

 

        Sec. 12.  RCW 27.12.420 and 1982 c 123 s 4 are each amended to read as follows:

          Immediately following the establishment of an island library district, the board of county commissioners shall appoint a board of library trustees for the district in accordance with RCW 27.12.190.  The board of trustees shall appoint a librarian for the district.

          Funds for the establishment and maintenance of the library service of the district shall be provided by the board of county commissioners by means of an annual tax levy on the property in the district of not more than fifty-five cents per thousand dollars of assessed value per year.  The tax levy shall be based on a budget to be compiled by the board of trustees of the island library district who shall determine the tax rate necessary and certify their determination to the board of county commissioners.

          Excess levies authorized pursuant to RCW 27.12.222, 84.52.052, or 84.52.056 shall be at a rate determined by the board of trustees of the island library district and certified to the board of county commissioners.

 

        Sec. 13.  RCW 35.07.180 and 1973 1st ex.s. c 195 s 11 are each amended to read as follows:

          In the same manner and to the same extent as the proper authorities of the former city or town could have done had it not been disincorporated, the receiver shall be authorized to levy taxes on all taxable property, to receive the taxes when collected and to apply them together with the proceeds arising from sales to the extinguishment of the obligations of the former city or town.

          After all the lawful claims against the former city or town have been paid excepting bonds not yet due, no levy greater than fifty-five cents per thousand dollars of assessed value shall be made; nor shall the levy be greater than sufficient to meet the accruing interest until the bonds mature.

 

        Sec. 14.  RCW 35.23.470 and 1973 1st ex.s. c 195 s 16 are each amended to read as follows:

          Every city of the second class having less than eighteen thousand inhabitants may create a publicity fund to be used exclusively for exploiting and advertising the general advantages and opportunities of the city and its vicinity.  After providing by ordinance for a publicity fund the city council may use therefor an annual amount not exceeding sixty-((two and one-half)) nine cents per thousand dollars of assessed valuation of the taxable property in the city.

 

        Sec. 15.  RCW 35.24.350 and 1973 1st ex.s. c 195 s 17 are each amended to read as follows:

          If by unanimous vote the city council so decides, every city of the third class may use fifty-five cents per thousand dollars of assessed value of its regular levy for the purpose of creating a fund for any special improvement or purpose authorized by law.  The resolution creating the fund must specifically designate its purpose, and the fund so created shall not be used for any purpose other than that designated in the resolution creating it except by unanimous vote of the city council.

 

        Sec. 16.  RCW 35.30.020 and 1973 1st ex.s. c 195 s 18 are each amended to read as follows:

          The city council of all unclassified cities in this state are authorized to construct a sewer or system of sewers and to keep the same in repair; the cost of such sewer or sewers shall be paid from a special fund to be known as the "sewer fund" to be provided by the city council, which fund shall be created by a tax on all the property within the limits of such city:  PROVIDED, That such tax shall not exceed one dollar and ((twenty-five)) thirty-eight cents per thousand dollars of the assessed value of all real and personal property within such city for any one year.  Whenever it shall become necessary for the city to take or damage private property for the purpose of making or repairing sewers, and the city council cannot agree with the owner as to the price to be paid, the city council may direct proceedings to be taken by law for the condemnation of such property for such purpose.

 

        Sec. 17.  RCW 35.31.060 and 1973 1st ex.s. c 195 s 19 are each amended to read as follows:

          The city or town council after the drawing of warrants against the accident fund shall estimate the amount necessary to pay the warrants with accrued interest thereon, and shall levy a tax sufficient to pay that amount not exceeding ((seventy-five)) eighty-three cents per thousand dollars of assessed value.  If a single levy of ((seventy-five)) eighty-three cents per thousand dollars of assessed value is not sufficient, an annual levy of ((seventy-five)) eighty-three cents per thousand dollars of assessed value shall be made until the warrants and interest are fully paid.

 

        Sec. 18.  RCW 35.32A.060 and 1985 c 175 s 64 are each amended to read as follows:

          Every city having a population of over three hundred thousand may maintain an emergency fund, which fund balance shall not exceed ((thirty-seven and one-half)) forty-one cents per thousand dollars of assessed value.  Such fund shall be maintained by an annual budget allowance.  When the necessity therefor arises transfers may be made to the emergency fund from any tax-supported fund except bond interest and redemption funds.

          The city council by an ordinance approved by two-thirds of all of its members may authorize the expenditure of sufficient money from the emergency fund, or other designated funds, to meet the expenses or obligations:

          (1) Caused by fire, flood, explosion, storm, earthquake, epidemic, riot, insurrection, act of God, act of the public enemy or any other such happening that could not have been anticipated; or

          (2) For the immediate preservation of order or public health or for the restoration to a condition of usefulness of public property the usefulness of which has been destroyed by accident; or

          (3) In settlement of approved claims for personal injuries or property damages, exclusive of claims arising from the operation of a public utility owned by the city; or

          (4) To meet mandatory expenditures required by laws enacted since the last budget was adopted.

          The city council by an ordinance approved by three-fourths of all its members may appropriate from the emergency fund, or other designated funds, an amount sufficient to meet the actual necessary expenditures of the city for which insufficient or no appropriations have been made due to causes which could not reasonably have been foreseen at the time of the making of the budget.

          An ordinance authorizing an emergency expenditure shall become effective immediately upon being approved by the mayor or upon being passed over his or her veto as provided by the city charter.

 

        Sec. 19.  RCW 35.33.145 and 1973 1st ex.s. c 195 s 21 are each amended to read as follows:

          Every city or town may create and maintain a contingency fund to provide moneys with which to meet any municipal expense, the necessity or extent of which could not have been foreseen or reasonably evaluated at the time of adopting the annual budget, or from which to provide moneys for those emergencies described in RCW 35.33.081 and 35.33.091.  Such fund may be supported by a budget appropriation from any tax or other revenue source not restricted in use by law, or also may be supported by a transfer from other unexpended or decreased funds made available by ordinance as set forth in RCW 35.33.121:  PROVIDED, That the total amount accumulated in such fund at any time shall not exceed the equivalent of ((thirty-seven and one-half)) forty-one cents per thousand dollars of assessed valuation of property within the city or town at such time.  Any moneys in the contingency fund at the end of the fiscal year shall not lapse except upon reappropriation by the council to another fund in the adoption of a subsequent budget.

 

        Sec. 20.  RCW 35.34.250 and 1985 c 175 s 28 are each amended to read as follows:

          Every city or town may create and maintain a contingency fund to provide moneys with which to meet any municipal expense, the necessity or extent of which could not have been foreseen or reasonably evaluated at the time of adopting the annual budget, or from which to provide moneys for those emergencies described in RCW 35.34.140 and 35.34.150.  Such fund may be supported by a budget appropriation from any tax or other revenue source not restricted in use by law, or also may be supported by a transfer from other unexpended or decreased funds made available by ordinance as set forth in RCW 35.34.200.  However, the total amount accumulated in such fund at any time shall not exceed the equivalent of ((thirty-seven and one-half)) forty-one cents per thousand dollars of assessed valuation of property within the city or town at such time.  Any moneys in the emergency fund at the end of the fiscal biennium shall not lapse except upon reappropriation by the council to another fund in the adoption of a subsequent budget.

 

        Sec. 21.  RCW 35.56.190 and 1973 1st ex.s. c 195 s 22 are each amended to read as follows:

          For the purpose of raising revenues to carry on any project under this chapter including funds for the payment for the lands taken, purchased, acquired or condemned and the expenses incident to the acquiring thereof, or any other cost or expenses incurred by the city under the provisions of this chapter but not including the cost of actually filling the lands for which the local improvement district was created, a city may levy an annual tax of not exceeding ((seventy-five)) eighty-three cents per thousand dollars of assessed valuation of all property within the city.  The city council or commission may create a fund into which all moneys so derived from taxation and moneys derived from rents and issues of the lands shall be paid and against which special fund warrants may be drawn or negotiable bonds issued to meet expenditures under this chapter.

 

        Sec. 22.  RCW 35.58.090 and 1973 1st ex.s. c 195 s 23 are each amended to read as follows:

          The election on the formation of the metropolitan municipal corporation shall be conducted by the auditor of the central county in accordance with the general election laws of the state and the results thereof shall be canvassed by the county canvassing board of the central county, which shall certify the result of the election to the board of county commissioners of the central county, and shall cause a certified copy of such canvass to be filed in the office of the secretary of state.  Notice of the election shall be published in one or more newspapers of general circulation in each component county in the manner provided in the general election laws.  No person shall be entitled to vote at such election unless he or she is a qualified voter under the laws of the state in effect at the time of such election and has resided within the metropolitan area for at least thirty days preceding the date of the election.  The ballot proposition shall be in substantially the following form:

 

                                                         "FORMATION OF METROPOLITAN

                                                              MUNICIPAL CORPORATION

 

Shall a metropolitan municipal corporation be established for the area described in a resolution of the board of commissioners of . . . . . . county adopted on the . . . . day of . . . . . ., 19. . ., to perform the metropolitan functions of . . . . . . (here insert the title of each of the functions to be authorized as set forth in the petition or initial resolution).

 

          YES                       ............................................................................................... G

          NO             ............................................................................................................................... G"

 

          If a majority of the persons voting on the proposition residing within the central city shall vote in favor thereof and a majority of the persons voting on the proposition residing in the metropolitan area outside of the central city shall vote in favor thereof, the metropolitan municipal corporation shall thereupon be established and the board of commissioners of the central county shall adopt a resolution setting a time and place for the first meeting of the metropolitan council which shall be held not later than thirty days after the date of such election.  A copy of such resolution shall be transmitted to the legislative body of each component city and county and of each special district which shall be affected by the particular metropolitan functions authorized.

          At the same election there shall be submitted to the voters residing within the metropolitan area, for their approval or rejection, a proposition authorizing the metropolitan municipal corporation, if formed, to levy at the earliest time permitted by law on all taxable property located within the metropolitan municipal corporation a general tax, for one year, of twenty-((five)) eight cents per thousand dollars of assessed value in excess of any constitutional or statutory limitation for authorized purposes of the metropolitan municipal corporation.  The proposition shall be expressed on the ballots in substantially the following form:

 

                                                "ONE YEAR TWENTY-((FIVE)) EIGHT CENTS

                                                            PER THOUSAND DOLLARS OF

                                                                ASSESSED VALUE LEVY

 

Shall the metropolitan municipal corporation, if formed, levy a general tax of twenty-((five)) eight cents per thousand dollars of assessed value for one year upon all the taxable property within said corporation in excess of the constitutional and/or statutory tax limits for authorized purposes of the corporation?

 

                           YES      ............................................................................................................... G

                           NO.................................................................................................................................... G"

 

Such proposition to be effective must be approved by a majority of at least three-fifths of the persons voting on the proposition to levy such tax in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 59 and as thereafter amended.

 

        Sec. 23.  RCW 35.61.210 and 1990 c 234 s 3 are each amended to read as follows:

          The board of park commissioners may levy or cause to be levied a general tax on all the property located in said park district each year not to exceed fifty-five cents per thousand dollars of assessed value of the property in such park district.  In addition, the board of park commissioners may levy or cause to be levied a general tax on all property located in said park district each year not to exceed twenty-((five)) eight cents per thousand dollars of assessed valuation.  Although park districts are authorized to impose two separate regular property tax levies, the levies shall be considered to be a single levy for purposes of the one hundred six percent limitation provided for in chapter 84.55 RCW.

          The board is hereby authorized to levy a general tax in excess of its regular property tax levy or levies when authorized so to do at a special election conducted in accordance with and subject to all the requirements of the Constitution and laws of the state now in force or hereafter enacted governing the limitation of tax levies.  The board is hereby authorized to call a special election for the purpose of submitting to the qualified voters of the park district a proposition to levy a tax in excess of the ((seventy-five)) eighty-three cents per thousand dollars of assessed value herein specifically authorized.  The manner of submitting any such proposition, of certifying the same, and of giving or publishing notice thereof, shall be as provided by law for the submission of propositions by cities or towns.

          The board shall include in its general tax levy for each year a sufficient sum to pay the interest on all outstanding bonds and may include a sufficient amount to create a sinking fund for the redemption of all outstanding bonds.  The levy shall be certified to the proper county officials for collection the same as other general taxes and when collected, the general tax shall be placed in a separate fund in the office of the county treasurer to be known as the "metropolitan park district fund" and paid out on warrants.

 

        Sec. 24.  RCW 35A.31.070 and 1973 1st ex.s. c 195 s 27 are each amended to read as follows:

          The legislative body of the code city, after the drawing of warrants against the accident fund, shall estimate the amount necessary to pay the warrant with accrued interest thereon and may appropriate and transfer money from the contingency fund sufficient therefor, or if there is not sufficient money in the contingency fund the legislative body shall levy a tax sufficient to pay all or such unpaid portion of any judgment not exceeding ((seventy-five)) eighty-three cents per thousand dollars of assessed value.  If a single levy of ((seventy-five)) eighty-three cents per thousand dollars of assessed value is not sufficient, and if other moneys are not available therefor, an annual levy of ((seventy-five)) eighty-three cents per thousand dollars of assessed value shall be made until the warrants and interest are fully paid.

 

        Sec. 25.  RCW 35A.33.145 and 1973 1st ex.s. c 195 s 28 are each amended to read as follows:

          Every code city may create and maintain a contingency fund to provide moneys with which to meet any municipal expense, the necessity or extent of which could not have been foreseen or reasonably evaluated at the time of adopting the annual budget, or from which to provide moneys for those emergencies described in RCW 35A.33.080 and 35A.33.090.  Such fund may be supported by a budget appropriation from any tax or other revenue source not restricted in use by law, or also may be supported by a transfer from other unexpended or decreased funds made available by ordinance as set forth in RCW 35A.33.120:  PROVIDED, That the total amount accumulated in such fund at any time shall not exceed the equivalent of ((thirty‑seven and one-half)) forty-one cents per thousand dollars of assessed valuation of property within the city at such time.  Any moneys in the contingency fund at the end of the fiscal year shall not lapse except upon reappropriation by the council to another fund in the adoption of a subsequent budget.

 

        Sec. 26.  RCW 35A.34.250 and 1985 c 175 s 57 are each amended to read as follows:

          Every city may create and maintain a contingency fund to provide moneys with which to meet any municipal expense, the necessity or extent of which could not have been foreseen or reasonably evaluated at the time of adopting the annual budget, or from which to provide moneys for those emergencies described in RCW 35A.34.140 and 35A.34.150.  Such fund may be supported by a budget appropriation from any tax or other revenue source not restricted in use by law, or also may be supported by a transfer from other unexpended or decreased funds made available by ordinance as set forth in RCW 35A.34.200.  However, the total amount accumulated in such fund at any time shall not exceed the equivalent of ((thirty-seven and one-half)) forty-one cents per thousand dollars of assessed valuation of property within the city at such time.  Any moneys in the emergency fund at the end of the fiscal biennium shall not lapse except upon reappropriation by the council to another fund in the adoption of a subsequent budget.

 

        Sec. 27.  RCW 36.33.140 and 1973 1st ex.s. c 195 s 31 are each amended to read as follows:

          The amount of the levy in any year for the county lands assessment fund shall not exceed the estimated amount needed over and above all moneys on hand in the fund, to pay the aggregate amount of such assessments falling due against the lands in the ensuing year; and in no event shall the levy exceed ((twelve and one-half)) fourteen cents per thousand dollars of assessed value upon all taxable property in the county.

 

        Sec. 28.  RCW 36.40.090 and 1973 1st ex.s. c 195 s 33 are each amended to read as follows:

          The board of county commissioners shall then fix the amount of the levies necessary to raise the amount of the estimated expenditures as finally determined, less the total of the estimated revenues from sources other than taxation, including such portion of any available surplus as in the discretion of the board it shall be advisable to so use, and such expenditures as are to be met from bond or warrant issues:  PROVIDED, That no county shall retain an unbudgeted cash balance in the current expense fund in excess of a sum equal to the proceeds of a one dollar and ((twenty-five)) thirty-eight cents per thousand dollars of assessed value levy against the assessed valuation of the county.  All taxes shall be levied in specific sums and shall not exceed the amount specified in the preliminary budget.

 

        Sec. 29.  RCW 36.54.080 and 1973 1st ex.s. c 195 s 36 are each amended to read as follows:

          The establishment of a ferry district is hereby authorized.  Written application for the formation of such a district signed by at least twenty-five percent of the registered voters, who reside and own real estate in the proposed district, shall be filed with the board of county commissioners.  The board shall immediately transmit the application to the proper registrar of voters for the proposed district who shall check the names, residence, and registration of the signers with the records of his office and shall, as soon as possible, certify to said board the number of qualified signers.  If the requisite number of signers is so certified, the board shall thereupon place the proposition, "Shall a ferry district be established in the following area to operate ferries between the following termini:  (describing the proposed district and ferry routes)?" upon the ballot for vote of the people of the proposed district at the next election, general or special.  If sixty percent of the voters on such proposition vote in favor of the proposition, the board shall, by resolution, declare the district established.  If the requisite number of qualified persons have not signed the application, further signatures may be added and certified until the requisite number have signed and the above procedure shall be thereafter followed.

          The area of such district shall be the area within any island or group of islands outside incorporated cities and towns, or such portion or portions thereof as specifically defined in the application.

          When established, a ferry district shall be a municipality as defined by the statutes of the state and entitled to all the powers conferred by law and exercised by municipal corporations in this state.  A ferry district is hereby empowered to levy not more than one dollar and ((twenty-five)) thirty-eight cents per thousand dollars of assessed value against the assessed valuation of the property lying within the district.

          A ferry district shall have the right of eminent domain according to the laws of the state.

          A ferry district is exempt and excepted from the provisions of the public service laws and is not subject to the control, rules and regulations of the Washington utilities and transportation commission; and it shall not be necessary for a ferry district to apply for or obtain a certificate of public convenience and necessity.

          A ferry district may operate any vessel over its authorized routes upon any of the waters of the state that touch any of the area of the district.

 

        Sec. 30.  RCW 36.62.090 and 1984 c 26 s 6 are each amended to read as follows:

          If the hospital is established, the county legislative authority, at the time of levying general taxes, may levy a tax, not to exceed fifty-five cents per thousand dollars of assessed value in any one year, for the maintenance of the hospital.

 

        Sec. 31.  RCW 36.68.525 and 1984 c 131 s 9 are each amended to read as follows:

          A park and recreation service area may impose regular property tax levies in an amount equal to ((fifteen)) seventeen cents or less per thousand dollars of assessed value of property in the service area in each year for six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the voters thereof approving a proposition authorizing the levies submitted not more than twelve months prior to the date on which the proposed initial levy is to be made and not oftener than twice in such twelve month period, either at a special election or at the regular election of the service area, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percent of the total votes cast in the service area at the last preceding general election when the number of electors voting on the proposition does not exceed forty percent of the total votes cast in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the electors thereof voting on the proposition if the number of electors voting on the proposition exceeds forty per centum of the total votes cast in such taxing district in the last preceding general election.  A proposition authorizing such tax levies shall not be submitted by a park and recreation district more than twice in any twelve-month period.  Ballot propositions shall conform with RCW 29.30.111.  If a park and recreation service area is levying property taxes, which in combination with property taxes levied by other taxing districts result in taxes in excess of the ((nine)) ten-dollar and ((fifteen)) seven cents per thousand dollars of assessed valuation limitation provided for in RCW 84.52.043, the park and recreation service area property tax levy shall be reduced or eliminated before the property tax levies of other taxing districts are reduced.

 

        Sec. 32.  RCW 36.69.145 and 1984 c 131 s 6 are each amended to read as follows:

          (1) A park and recreation district may impose regular property tax levies in an amount equal to ((fifteen)) seventeen cents or less per thousand dollars of assessed value of property in the district in each year for five consecutive years when specifically authorized so to do by a majority of at least three-fifths of the voters thereof approving a proposition authorizing the levies submitted at a special election or at the regular election of the district, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty per centum of the total votes cast in such district at the last preceding general election when the number of electors voting on the proposition does not exceed forty per centum of the total votes cast in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the electors thereof voting on the proposition if the number of electors voting on the proposition exceeds forty per centum of the total votes cast in such taxing district in the last preceding general election.  A proposition authorizing the tax levies shall not be submitted by a park and recreation district more than twice in any twelve-month period.  Ballot propositions shall conform with RCW 29.30.111.  In the event a park and recreation district is levying property taxes, which in combination with property taxes levied by other taxing districts subject to the one percent limitation provided for in Article 7, section 2, of our state Constitution result in taxes in excess of the limitation provided for in RCW 84.52.043, the park and recreation district property tax levy shall be reduced or eliminated before the property tax levies of other taxing districts are reduced.

          (2) The limitation in RCW 84.55.010 shall not apply to the first levy imposed under this section following the approval of the levies by the voters under subsection (1) of this section.

 

        Sec. 33.  RCW 36.82.040 and 1973 1st ex.s. c 195 s 41 are each amended to read as follows:

          For the purpose of raising revenue for establishing, laying out, constructing, altering, repairing, improving, and maintaining county roads, bridges, and wharves necessary for vehicle ferriage and for other proper county purposes, the board shall annually at the time of making the levy for general purposes make a uniform tax levy throughout the county, or any road district thereof, of not to exceed two dollars and ((twenty-five)) forty-eight cents per thousand dollars of assessed value of the last assessed valuation of the taxable property in the county, or road district thereof, unless other law of the state requires a lower maximum levy, in which event such lower maximum levy shall control.  All funds accruing from such levy shall be credited to and deposited in the county road fund except that revenue diverted under RCW 36.33.220 shall be placed in a separate and identifiable account within the county current expense fund.

 

        Sec. 34.  RCW 41.16.060 and 1987 c 319 s 2 are each amended to read as follows:

          It shall be the duty of the legislative authority of each municipality, each year as a part of its annual tax levy, to levy and place in the fund a tax of twenty-((two and one-half)) five cents per thousand dollars of assessed value against all the taxable property of such municipality:  PROVIDED, That if a report by a qualified actuary on the condition of the fund establishes that the whole or any part of said dollar rate is not necessary to maintain the actuarial soundness of the fund, the levy of said twenty-((two and one-half)) five cents per thousand dollars of assessed value may be omitted, or the whole or any part of said dollar rate may be levied and used for any other municipal purpose.

          It shall be the duty of the legislative authority of each municipality, each year as a part of its annual tax levy and in addition to the city levy limit set forth in RCW 84.52.043, to levy and place in the fund an additional tax of twenty-((two and one-half)) five cents per thousand dollars of assessed value against all taxable property of such municipality:  PROVIDED, That if a report by a qualified actuary establishes that all or any part of the additional twenty-((two and one-half)) five cents per thousand dollars of assessed value levy is unnecessary to meet the estimated demands on the fund under this chapter for the ensuing budget year, the levy of said additional twenty-((two and one-half)) five cents per thousand dollars of assessed value may be omitted, or the whole or any part of such dollar rate may be levied and used for any other municipal purpose:  PROVIDED FURTHER, That cities that have annexed to library districts according to RCW 27.12.360 through 27.12.395 and/or fire protection districts according to RCW 52.04.061 through 52.04.081 shall not levy this additional tax to the extent that it causes the combined levies to exceed the statutory or constitutional limits.

          The amount of a levy under this section allocated to the pension fund may be reduced in the same proportion as the regular property tax levy of the municipality is reduced by chapter 84.55 RCW.

 

        Sec. 35.  RCW 45.72.050 and 1973 1st ex.s. c 195 s 45 are each amended to read as follows:

          There shall be levied annually at the same time the levy for general county taxes is made, and by the officers levying the said county tax, a tax of not more than one dollar and ((twenty-five)) thirty-eight cents per thousand dollars of assessed value on all taxable property within the territorial limits of every such road district as the same existed at the time of the adoption of such township organization for the payment of and until the full amount of all indebtedness, together with all accrued and accruing interest thereon, existing against any such road district, shall have been paid in full.

 

        Sec. 36.  RCW 52.04.011 and 1989 c 63 s 8 are each amended to read as follows:

          (1) A territory contiguous to a fire protection district and not within the boundaries of a city, town, or other fire protection district may be annexed to the fire protection district by petition of fifteen percent of the qualified registered electors residing within the territory proposed to be annexed.  Such contiguous territory may be located in a county or counties other than the county or counties within which the fire protection district is located.  The petition shall be filed with the fire commissioners of the fire protection district and if the fire commissioners concur in the petition they shall file the petition with the county auditor of the county within which the territory is located.  If this territory is located in more than one county, the original petition shall be filed with the auditor of the county within which the largest portion of the territory is located, who shall be designated as the lead auditor, and a copy shall be filed with the auditor of each other county within which such territory is located.  Within thirty days after the date of the filing of the petition the auditor shall examine the signatures on the petition and certify to the sufficiency or insufficiency of the signatures.  If this territory is located in more than one county, the auditor of each other county who receives a copy of the petition shall examine the signatures and certify to the lead auditor the number of valid signatures and the number of registered voters residing in that portion of the territory that is located within the county.  The lead auditor shall certify the sufficiency or insufficiency of the signatures.

          After the county auditor has certified the sufficiency of the petition, the county legislative authority or authorities, or the boundary review board or boards, of the county or counties in which such territory is located shall consider the proposal under the same basis that a proposed incorporation of a fire protection district is considered, with the same authority to act on the proposal as in a proposed incorporation, as provided under chapter 52.02 RCW.  If the proposed annexation is approved by the county legislative authority or boundary review board, the board of fire commissioners shall adopt a resolution requesting the county auditor to call a special election, as specified under RCW 29.13.020, at which the ballot proposition is to be submitted.  No annexation shall occur when the territory proposed to be annexed is located in more than one county unless the county legislative authority or boundary review board of each county approves the proposed annexation.

          (2) The county legislative authority or authorities of the county or counties within which such territory is located have the authority and duty to determine on an equitable basis, the amount of any obligation which the territory to be annexed to the district shall assume to place the property owners of the existing district on a fair and equitable relationship with the property owners of the territory to be annexed as a result of the benefits of annexing to a district previously supported by the property owners of the existing district.  If a boundary review board has had its jurisdiction invoked on the proposal and approves the proposal, the county legislative authority of the county within which such territory is located may exercise the authority granted in this subsection and require such an assumption of indebtedness.  This obligation may be paid to the district in yearly benefit charge installments to be fixed by the county legislative authority.  This benefit charge shall be collected with the annual tax levies against the property in the annexed territory until fully paid.  The amount of the obligation and the plan of payment established by the county legislative authority shall be described in general terms in the notice of election for annexation and shall be described in the ballot proposition on the proposed annexation that is presented to the voters for their approval or rejection.  Such benefit charge shall be limited to an amount not to exceed a total of fifty-five cents per thousand dollars of assessed valuation:  PROVIDED, HOWEVER, That the special election on the proposed annexation shall be held only within the boundaries of the territory proposed to be annexed to the fire protection district.

          (3) On the entry of the order of the county legislative authority incorporating the territory into the existing fire protection district, the territory shall become subject to the indebtedness, bonded or otherwise, of the existing district.  If the petition is signed by sixty percent of the qualified registered electors residing within the territory proposed to be annexed, and if the board of fire commissioners concur, an election in the territory and a hearing on the petition shall be dispensed with and the county legislative authority shall enter its order incorporating the territory into the existing fire protection district.

 

        Sec. 37.  RCW 52.04.081 and 1984 c 230 s 17 are each amended to read as follows:

          The annual tax levies authorized by chapter 52.16 RCW shall be imposed throughout the fire protection district, including any city or town annexed thereto.  Any city or town annexed to a fire protection district is entitled to levy up to three dollars and ((sixty)) ninety-six cents per thousand dollars of assessed valuation less any regular levy made by the fire protection district or by a library district under RCW 27.12.390 in the incorporated area:  PROVIDED, That the limitations upon regular property taxes imposed by chapter 84.55 RCW apply.

 

        Sec. 38.  RCW 52.12.031 and 1986 c 311 s 1 are each amended to read as follows:

          Any fire protection district organized under this title may:

          (1) Lease, acquire, own, maintain, operate, and provide fire and emergency medical apparatus and all other necessary or proper facilities, machinery, and equipment for the prevention and suppression of fires, the providing of emergency medical services and the protection of life and property;

          (2) Lease, acquire, own, maintain, and operate real property, improvements, and fixtures for housing, repairing, and maintaining the apparatus, facilities, machinery, and equipment described in subsection (1) of this section;

          (3) Contract with any governmental entity or private person or entity to consolidate, provide, or cooperate for fire prevention protection, fire suppression, and emergency medical purposes.  In so contracting, the district or governmental entity is deemed for all purposes to be acting within its governmental capacity.  This contracting authority includes the furnishing of fire prevention, fire suppression, emergency medical services, facilities, and equipment to or by the district, governmental entity, or private person or entity;

          (4) Encourage uniformity and coordination of fire protection district operations.  The fire commissioners of fire protection districts may form an association to secure information of value in suppressing and preventing fires and other district purposes, to hold and attend meetings, and to promote more economical and efficient operation of the associated fire protection districts.  The commissioners of fire protection districts in the association shall adopt articles of association or articles of incorporation for a nonprofit corporation, select a chairman, secretary, and other officers as they may determine, and may employ and discharge agents and employees as the officers deem convenient to carry out the purposes of the association.  The expenses of the association may be paid from funds paid into the association by fire protection districts:  PROVIDED, That the aggregate contributions made to the association by a district in a calendar year shall not exceed ((two and one-half)) three cents per thousand dollars of assessed valuation;

          (5) Enter into contracts to provide group life insurance for the benefit of the personnel of the fire districts;

          (6) Perform building and property inspections that the district deems necessary to provide fire prevention services and pre-fire planning within the district and any area that the district serves by contract in accordance with RCW 19.27.110:  PROVIDED, That codes used by the district for building and property inspections shall be limited to the applicable codes adopted by the state, county, city, or town that has jurisdiction over the area in which the property is located.  A copy of inspection reports prepared by the district shall be furnished by the district to the appropriate state, county, city, or town that has jurisdiction over the area in which the property is located:  PROVIDED, That nothing in this subsection shall be construed to grant code enforcement authority to a district.  This subsection shall not be construed as imposing liability on any governmental jurisdiction;

          (7) Determine the origin and cause of fires occurring within the district and any area the district serves by contract.  In exercising the authority conferred by this subsection, the fire protection district and its authorized representatives shall comply with the provisions of RCW 48.48.060;

          (8) Perform acts consistent with this title and not otherwise prohibited by law.

 

        Sec. 39.  RCW 52.16.130 and 1989 c 63 s 27 are each amended to read as follows:

          To carry out the purposes for which fire protection districts are created, the board of fire commissioners of a district may levy each year, in addition to the levy or levies provided in RCW 52.16.080 for the payment of the principal and interest of any outstanding general obligation bonds, an ad valorem tax on all taxable property located in the district not to exceed fifty-five cents per thousand dollars of assessed value:  PROVIDED, That in no case may the total general levy for all purposes, except the levy for the retirement of general obligation bonds, exceed one dollar and ten cents per thousand dollars of assessed value.  Levies in excess of one dollar and ten cents per thousand dollars of assessed value or in excess of the aggregate dollar rate limitations or both may be made for any district purpose when so authorized at a special election under RCW 84.52.052.  Any such tax when levied shall be certified to the proper county officials for the collection of the tax as for other general taxes.  The taxes when collected shall be placed in the appropriate district fund or funds as provided by law, and shall be paid out on warrants of the auditor of the county in which all, or the largest portion of, the district is located, upon authorization of the board of fire commissioners of the district.

 

        Sec. 40.  RCW 52.16.140 and 1984 c 230 s 45 are each amended to read as follows:

          Notwithstanding the limitation of dollar rates contained in RCW 52.16.130, the board of fire commissioners of any district may levy, in addition to any levy for the payment of the principal and interest of outstanding general obligation bonds, an ad valorem tax on all property located in the district of not to exceed fifty-five cents per thousand dollars of assessed value and which will not cause the combined levies to exceed the  constitutional or statutory limitations, and the additional levy, or any portion of the levy, may also be made when dollar rates of other taxing units are released by agreement with the other taxing units from their authorized levies.

 

        Sec. 41.  RCW 52.16.160 and 1985 c 112 s 1 are each amended to read as follows:

          Notwithstanding the limitation of dollar rates contained in RCW 52.16.130, and in addition to any levy for the payment of the principal and interest of any outstanding general obligation bonds and in addition to any levy authorized by RCW 52.16.130, 52.16.140 or any other statute, if in any county where a township has never been formed or where there are one or more townships in existence making annual tax levies and such township or townships are disorganized as a result of a county-wide disorganization procedure prescribed by statute and is no longer making any tax levy, or any township or townships for any other reason no longer makes any tax levy, the board of fire commissioners of any fire protection district within such county, which fire protection district has at least one full time, paid employee, is hereby authorized to levy each year an ad valorem tax on all taxable property within such district of not to exceed fifty-five cents per thousand dollars of assessed value, which levy may be made only if it will not affect dollar rates which other taxing districts may lawfully claim nor cause the combined levies to exceed the constitutional and/or statutory limitations.

 

        Sec. 42.  RCW 53.36.020 and 1973 1st ex.s. c 195 s 56 are each amended to read as follows:

          A district may raise revenue by levy of an annual tax not to exceed ((forty-five)) fifty cents per thousand dollars of assessed value against the assessed valuation of the taxable property in such port district for general port purposes, including the establishment of a capital improvement fund for future capital improvements, except that any levy for the payment of the principal and interest of the general bonded indebtedness of the port district shall be in excess of any levy made by the port district under the ((forty-five)) fifty cents per thousand dollars of assessed value limitation.  The levy shall be made and taxes collected in the manner provided for the levy and collection of taxes in school districts of the first class.

 

        Sec. 43.  RCW 53.36.070 and 1983 c 3 s 162 are each amended to read as follows:

          Any port district organized under the laws of this state shall, in addition to the powers otherwise provided by law, have the power to raise revenue by the levy and collection of an annual tax on all taxable property within such port district of not to exceed ((forty-five)) fifty cents per thousand dollars of assessed value against the assessed valuation of the taxable property in such port district, for dredging, canal construction, or land leveling or filling purposes, the proceeds of any such levy to be used exclusively for such dredging, canal construction, or land leveling and filling purposes:  PROVIDED, That no such levy for dredging, canal construction, or land leveling or filling purposes under the provisions of RCW 53.36.070 and 53.36.080 shall be made unless and until the question of authorizing the making of such additional levy shall have been submitted to a vote of the electors of the district in the manner provided by law for the submission of the question of making additional levies in school districts of the first class at an election held under the provisions of RCW 29.13.020 and shall have been authorized by a majority of the electors voting thereon.

 

        Sec. 44.  RCW 53.36.100 and 1982 1st ex.s. c 3 s 1 are each amended to read as follows:

          A port district having adopted a comprehensive scheme of harbor improvements and industrial developments may thereafter raise revenue, for twelve years only, in addition to all other revenues now authorized by law, by an annual levy not to exceed ((forty-five)) fifty cents per thousand dollars of assessed value against the assessed valuation of the taxable property in such port district.  Said levy shall be used exclusively for the exercise of the powers granted to port districts under chapter 53.25 RCW except as provided in RCW 53.36.110.  The levy of such taxes is herein authorized notwithstanding the provisions of RCW 84.52.050 and 84.52.043.  The revenues derived from levies made under RCW 53.36.100 and 53.36.110 not expended in the year in which the levies are made may be paid into a fund for future use in carrying out the powers granted under chapter 53.25 RCW, which fund may be accumulated and carried over from year to year, with the right to continue to levy the taxes provided for in RCW 53.36.100 and 53.36.110 for the purposes herein authorized.

          If a port district intends to levy a tax under this section for one or more years after the first six years authorized in this section, the port commission shall publish notice of this intention, in one or more newspapers of general circulation within the district, by June 1 of the year in which the first levy of the seventh through twelfth year period is to be made.  If within ninety days of the date of publication a petition is filed with the county auditor containing the signatures of eight percent of the number of voters registered and voting in the port district for the office of the governor at the last preceding gubernatorial election, the county auditor shall canvass the signatures in the same manner as prescribed in RCW 29.79.200 and certify their sufficiency to the port commission within two weeks.  The proposition to make these levies in the seventh through twelfth year period shall be submitted to the voters of the port district at a special election, called for this purpose, no later than the date on which a primary election would be held under RCW 29.13.070.  The levies may be made in the seventh through twelfth year period only if approved by a majority of the voters of the port district voting on the proposition.

 

        Sec. 45.  RCW 53.47.040 and 1973 1st ex.s. c 195 s 59 are each amended to read as follows:

          The superior court, upon the filing of such petition, shall set such petition for hearing not less than one hundred twenty days and not more than one hundred eighty days after the date of filing said petition.  Further, the court shall order the clerk of said court to give notice of the time and place fixed for the hearing by publication of notice in a newspaper of general circulation within such district, such publication to be once each week for three consecutive weeks, the date of first publication to be not less than thirty nor more than seventy days prior to the date fixed for the hearing upon such petition.  Said notice shall further provide that all creditors of said district, including holders of revenue or general obligation bonds issued by said district, if any, shall present their claims to the clerk of said court within ninety days from the date of first publication of said notice, and that upon failure to do so all such claims will be forever barred.  The clerk shall also mail a copy by ordinary mail of such notice to all creditors of said district, including holders of revenue or general obligation bonds issued by said district, if any, such mailing to be mailed not later than thirty days after the hearing date has been set.  No other or further notices shall be required at any stage of the proceedings for dissolution of an inactive port district pursuant to this chapter.

          The clerk, ten days prior to the date set for the hearing, shall deliver to the court the following:

          (1) A list of the liabilities of the port district in detail with the names and addresses of creditors as then known; and

          (2) A list of the assets of the port district in detail as then known.

          The court upon hearing the petition shall fix and determine all such claims subject to proof being properly filed as provided in this section; shall fix and determine the financial condition of the district as to its assets and liabilities, and if it finds the port district to be inactive in respect of any standard of inactivity set forth by this chapter, shall order the port district to be dissolved upon the following terms and conditions:

          (1) If there be no outstanding debts, or if the debts be less than the existing assets, the court shall appoint the auditor of the county in which the port district is located to be trustee of the port's assets and shall empower such person to wind up and liquidate the affairs of such district in such manner as the court shall provide and to file his accounting with the court within ninety days from the date of his appointment.  Upon the filing of such account, the court shall fix a date for hearing upon the same and upon approval thereof, if such accounting be the final accounting, shall enter its order approving the same and declaring the port district dissolved.

          At the request of the trustee the county sheriff may sell, at public auction, all real and personal property of the port district.  The county sheriff shall cause a notice of such sale fixing the time and place thereof which shall be at a suitable place, which will be noted in the advertisement for sale.  Such notice shall contain a description of the property to be sold and shall be signed by the sheriff or his deputy.  Such notice shall be published at least once in an official newspaper in said county at least ten days prior to the date fixed for said sale.  The sheriff or his deputy shall conduct said sale and sell the property described in the notice at public auction to the highest and best bidder for cash, and upon payment of the amount of such bid shall deliver the said property to such bidder.  The moneys arising from such sale shall be turned over to the county auditor acting as trustee:  PROVIDED, HOWEVER, That the sheriff shall first deduct the costs and expenses of the sale from the moneys and shall apply such moneys to pay said costs and expenses.

          The court order shall provide that the assets remaining in the hands of the trustee shall be transferred to any school district, districts, or portions of districts, lying within the dissolved port district boundaries.  The transfer of assets shall be prorated to the districts based on the assessed valuation of said districts.

          (2) If the debts exceed the assets of the port district, then the court shall appoint the auditor of the county in which a port district is located to be trustee of the port's assets for the purpose of conserving the same and of paying liability of the port district as funds become available therefor.  The trustee shall be empowered to generally manage, wind up, and liquidate the affairs of such district in such manner as the court shall provide and to file his accounting with the court within ninety days from the date of his appointment and as often thereafter as the court shall provide.  The board of county commissioners, acting as pro tempore port district commissioners under the authority of RCW 53.36.020 shall levy an annual tax not exceeding  ((forty-five)) fifty cents per thousand dollars of assessed value or such lesser amount as may previously have been voted by the taxpayers within said district, together with an amount deemed necessary for payment of the costs and expenses attendant upon the dissolution of said district, upon all the taxable property within said district, the amount of such levy to be determined from time to time by the court.  When, as shown by the final accounting of the trustee, all of the indebtedness of the district shall have been satisfied, the cost and expense of the proceeding paid or provided for, and the affairs of the district wound up, the court shall declare the district dissolved:  PROVIDED, That if the indebtedness be composed in whole or in part of bonded debt for which a regular program of retirement has been provided, then the board of county commissioners shall be directed by the court to continue to make such annual levies as are required for the purpose of debt service upon said bonded debt.

 

        Sec. 46.  RCW 54.16.080 and 1981 c 156 s 18 are each amended to read as follows:

          A district may raise revenue by the levy of an annual tax on all taxable property within the district, not exceeding ((forty-five)) fifty cents per thousand dollars of assessed value in any one year, exclusive of interest and redemption for general obligation bonds.  The commission shall prepare a proposed budget of the contemplated financial transactions for the ensuing year and file it in its records, on or before the first Monday in September.  Notice of the filing of the proposed budget and the date and place of hearing thereon shall be published for at least two consecutive weeks in a newspaper printed and of general circulation in the county.  On the first Monday in October, the commission shall hold a public hearing on the proposed budget at which any taxpayer may appear and be heard against the whole or any part thereof.  Upon the conclusion of the hearing, the commission shall, by resolution, adopt the budget as finally determined, and fix the final amount of expenditures for the ensuing year.  Taxes levied by the commission shall be certified to and collected by the proper officer of the county in which the district is located in the same manner as provided for the certification and collection of port district taxes.  The commission may, prior to the receipt of taxes raised by levy, borrow money or issue warrants of the district in anticipation of the revenue to be derived from the levy or taxes for district purposes, and the warrants shall be redeemed from the first money available from such taxes.  The warrants shall not exceed the anticipated revenue of one year, and shall bear interest at a rate determined by the commission.

 

        Sec. 47.  RCW 56.04.030 and 1990 c 259 s 21 are each amended to read as follows:

          For the purpose of formation or reorganization of sewer districts, a petition shall be presented to the county legislative authority of the county in which the proposed sewer district is located, which petition shall set forth the object for the creation or reorganization of the district, shall designate the boundaries thereof and set forth the further fact that the establishment or reorganization of the district will be conducive to the public health, convenience and welfare and will be of benefit to the property included therein.  The petition shall specify the proposed property tax levy assessment, if any, which shall not exceed one dollar and ((twenty-five)) thirty-eight cents per thousand dollars of assessed value, for general preliminary expenses of the district.  The petition shall be signed by at least ten percent of the registered voters residing within the district described in the petition who voted in the last general municipal election:  PROVIDED, If in the opinion of the county health officer the existing sewerage disposal facilities are inadequate in the district to be created only, and it is for the public welfare, then the county legislative authority of the county may declare a sewerage disposal district a necessity, and the district shall be organized under the provisions of this title, and all amendments thereto.  The petition or resolution shall be filed with the county auditor, who shall, within ten days examine the signatures thereof and certify to the sufficiency or insufficiency.  For such purpose the county auditor shall have access to all registration books in the possession of the officers of any political subdivision in such proposed district.  No person having signed such a petition shall be allowed to withdraw his or her name therefrom after the filing of the same with the county auditor.  If the petition shall be found to contain a sufficient number of signatures, the county auditor shall transmit the same, together with his certificate of sufficiency attached thereto to the county legislative authority.  If the petition or resolution is certified to contain a sufficient number of signatures, or if in the opinion of the county health officer the existing sewerage disposal facilities are a menace to the health and convenience of the public, the county legislative authority may, by resolution, and not otherwise, declare a sewerage district a necessity, then at a regular or special meeting of the county legislative authority of such county, the county legislative authority shall cause to be published for at least once a week for two successive weeks in some newspaper of general circulation in the county, giving notice that such a petition has been presented, stating the time of the meeting at which the same shall be presented, and setting forth the boundaries of the proposed district.

 

        Sec. 48.  RCW 56.04.050 and 1990 c 259 s 22 are each amended to read as follows:

          Upon entry of the findings of the final hearing on the petition, if the commissioners find the proposed sewer system will be conducive to the public health, welfare, and convenience and be of special benefit to the land within the boundaries of the proposed or reorganized district, they shall call a special election by presenting a resolution to the county auditor at least forty-five days prior to the proposed election date.  A special election will be held on a date decided by the commissioners in accordance with RCW 29.13.010 and 29.13.020.  The commissioners shall cause to be published a notice of such election at least once a week for four successive weeks in a newspaper of general circulation in the county, setting forth the hours during which the polls will be open, the boundaries of the proposed or reorganized district as finally adopted, and the object of the election, and the notice shall also be posted for ten days in ten public places in the proposed or reorganized district.  The proposition shall be expressed on the ballots in the following terms:

 

          Sewer District........................................................................................................................................................................ YES  G

          Sewer District......................................................................................................................................................................... NO   G

 

or in the reorganization of a district, the proposition shall be expressed on the ballot in the following terms:

 

          Sewer District Reorganization............................................................................................................................................ YES  G

          Sewer District Reorganization............................................................................................................................................. NO   G

 

giving in each instance the name of the district as decided by the board.

          At the same election the county legislative authority shall submit a proposition to the voters, for their approval or rejection, authorizing the sewer district, if formed, to levy at the earliest time permitted by law on all property located in the district a general tax for one year, in excess of the tax limitations provided by law, in the amount specified in the petition to create the district, not to exceed one dollar and ((twenty-five)) thirty-eight cents per thousand dollars of assessed value, for general preliminary expenses of the district, the proposition to be expressed on the ballots in the following terms:

 

One year . . . . dollars and . . . . cents per thousand dollars of assessed value tax.......................................................... YES  G

One year . . . . dollars and . . . . cents per thousand dollars of assessed value tax........................................................... NO   G

 

Such proposition to be effective must be approved by a majority of at least three-fifths of the registered voters thereof voting on the proposition in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 59 and as thereafter amended.

 

        Sec. 49.  RCW 56.08.110 and 1973 1st ex.s. c 195 s 62 are each amended to read as follows:

          To improve the organization and operation of sewer districts, the commissioners of two or more such districts may form an association thereof, for the purpose of securing and disseminating information of value to the members of the association and for the purpose of promoting the more economical and efficient operation of the comprehensive plans of sewer systems in their respective districts.  The commissioners of sewer districts so associated shall adopt articles of association, select such officers as they may determine, and employ and discharge such agents and employees as shall be deemed convenient to carry out the purposes of the association.  Sewer district commissioners and their employees are authorized to attend meetings of the association.  The expense of the association may be paid from the maintenance or general funds of the associated districts in such manner as shall be provided in the articles of association:  PROVIDED, That the aggregate contributions made to the association by the district in any calendar year shall not exceed the amount which would be raised by a levy of ((two and one-half)) three cents per thousand dollars of assessed value against the taxable property of the district.  The financial records of such association shall be subject to audit by the Washington state division of municipal corporations of the state auditor.

 

        Sec. 50.  RCW 57.04.030 and 1990 c 259 s 27 are each amended to read as follows:

          For the purpose of formation of water districts, a petition shall be presented to the county legislative authority of each county in which the proposed water district is located, which petition shall set forth the object for the creation of the district, shall designate the boundaries thereof and set forth the further fact that establishment of the district will be conducive to the public health, convenience and welfare and will be of benefit to the property included in the district.  The petition shall specify the proposed property tax levy assessment, if any, which shall not exceed one dollar and ((twenty-five)) thirty-eight cents per thousand dollars of assessed value, for general preliminary expenses of the district.  The petition shall be signed by at least ten percent of the registered voters who voted in the last general municipal election, who shall be qualified electors on the date of filing the petition, residing within the district described in the petition.  The petition shall be filed with the county auditor of each county in which the proposed district is located, who shall, within ten days examine and verify the signatures of the signers residing in the county; and for such purpose the county election official shall have access to all registration books in the possession of the officers of any incorporated city or town in such proposed district.  No person having signed such a petition shall be allowed to withdraw his name from the petition after the filing of the petition with the county election officer.  The petition shall be transmitted to the election officer of the county in which the largest land area of the district is located who shall certify to the sufficiency or insufficiency of the number of signatures.  If the petition shall be found to contain a sufficient number of signatures, the county election officer shall then transmit the same, together with a certificate of sufficiency attached thereto to the county legislative authority of each county in which the proposed district is located.  Following receipt of a petition certified to contain a sufficient number of signatures, at a regular or special meeting the county legislative authority shall cause to be published once a week for at least two weeks in one or more newspapers of general circulation in the proposed district, a notice that such a petition has been presented, stating the time of the meeting at which the petition shall be considered, and setting forth the boundaries of the proposed district.  When such a petition is presented for hearing, each county legislative authority shall hear the petition or may adjourn the hearing from time to time not exceeding one month in all.  Any person, firm, or corporation may appear before the county legislative authority and make objections to the establishment of the district or the proposed boundary lines thereof.  Upon a final hearing each county legislative authority shall make such changes in the proposed boundary lines within the county as it deems to be proper and shall establish and define the boundaries and shall find whether the proposed water district will be conducive to the public health, welfare and convenience and be of special benefit to the land included within the boundaries of the proposed district.  No lands which will not, in the judgment of the county legislative authority, be benefited by inclusion therein, shall be included within the boundaries of the district.  No change shall be made by the county legislative authority in the boundary lines to include any territory outside of the boundaries described in the petition, except that the boundaries of any proposed district may be extended by the county legislative authority to include other lands in the county upon a petition signed by the owners of all of the land within the proposed extension.

 

        Sec. 51.  RCW 57.04.050 and 1990 c 259 s 28 are each amended to read as follows:

          Upon entry of the findings of the final hearing on the petition if one or more county legislative authorities find that the proposed district will be conducive to the public health, welfare, and convenience and be of special benefit to the land therein, they shall call a special election by presenting a resolution to the county auditor at least forty‑five days prior to the proposed election date.  A special election will be held on a date decided by the commissioners in accordance with RCW 29.13.010 and 29.13.020.  The commissioners shall cause to be published a notice of the election for four successive weeks in a newspaper of general circulation in the proposed district, which notice shall state the hours during which the polls will be open, the boundaries of the district as finally adopted and the object of the election, and the notice shall also be posted for ten days in ten public places in the proposed district.  In submitting the proposition to the voters, it shall be expressed on the ballots in the following terms:

 

          Water District....................................................................................................................................................................... YES  G

          Water District........................................................................................................................................................................ NO   G

 

giving the name of the district as provided in the petition.

          At the same election a proposition shall be submitted to the voters, for their approval or rejection, authorizing the water district, if formed, to levy at the earliest time permitted by law on all property located in the district a general tax for one year, in excess of the limitations provided by law, in the amount specified in the petition to create the district, not to exceed one dollar and ((twenty-five)) thirty-eight cents per thousand dollars of assessed value, for general preliminary expenses of the district, the proposition to be expressed on the ballots in the following terms:

 

One year . . . . . . dollars and . . . . . . cents per thousand dollars of assessed value tax................................................. YES  G

One year . . . . . . dollars and . . . . . . cents per thousand dollars of assessed value tax.................................................. NO   G

 

Such proposition to be effective must be approved by a majority of at least three-fifths of the registered voters thereof voting on the proposition in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 59 and as thereafter amended.

 

        Sec. 52.  RCW 57.08.110 and 1973 1st ex.s. c 195 s 68 are each amended to read as follows:

          To improve the organization and operation of water districts, the commissioners of two or more such districts may form an association thereof, for the purpose of securing and disseminating information of value to the members of the association and for the purpose of promoting the more economical and efficient operation of the comprehensive plans of water supply in their respective districts.  The commissioners of water districts so associated shall adopt articles of association, select such officers as they may determine, and employ and discharge such agents and employees as shall be deemed convenient to carry out the purposes of the association.  Water district commissioners and employees are authorized to attend meetings of the association.  The expense of the association may be paid from the maintenance or general funds of the associated districts in such manner as shall be provided in the articles of association:  PROVIDED, That the aggregate contributions made to the association by the district in any calendar year shall not exceed the amount which would be raised by a levy of ((two and one-half)) three cents per thousand dollars of assessed value against the taxable property of the district.  The financial records of such association shall be subject to audit by the Washington state division of municipal corporations of the state auditor.

 

        Sec. 53.  RCW 57.20.100 and 1984 c 230 s 84 are each amended to read as follows:

          A district may, in addition to the levies mentioned in RCW 57.16.020, 57.16.040 and 57.20.010, levy a general tax on all property located in the district each year not to exceed fifty-five cents per thousand dollars of assessed value against the assessed valuation of the property where such water district maintains a fire department as authorized by RCW 57.16.010 to 57.16.040, inclusive, but such levy shall not be made where any property within such water district lies within the boundaries of any fire protection district created under Title 52 RCW.  The taxes so levied shall be certified for collection as other general taxes, and the proceeds, when collected, shall be placed in such water district funds as the commissioners may direct and paid out on warrants issued for water district purposes.

 

        Sec. 54.  RCW 67.38.130 and 1984 c 131 s 4 are each amended to read as follows:

          The governing body of a cultural arts, stadium and convention district may levy or cause to levy the following ad valorem taxes:

          (1) Regular ad valorem property tax levies in an amount equal to twenty-((five)) eight cents or less per thousand dollars of the assessed value of property in the district in each year for six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the electors thereof approving a proposition authorizing the levies submitted at a general or special election, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percentum of the total votes cast in such taxing district at the last preceding general election; or by a majority of at least three-fifths of the electors thereof voting on the proposition when the number of electors voting yes on the proposition exceeds forty percentum of the total votes cast in such taxing district in the last preceding general election.  Ballot propositions shall conform with RCW 29.30.111.

          In the event a cultural arts, stadium and convention district is levying property taxes, which in combination with property taxes levied by other taxing districts subject to the one percent limitation provided for in Article VII, section 2, of our state Constitution result in taxes in excess of the limitation provided for in RCW 84.52.043, the cultural arts, stadium and convention district property tax levy shall be reduced or eliminated before the property tax levies of other taxing districts are reduced:  PROVIDED, That no cultural arts, stadium, and convention district may pledge anticipated revenues derived from the property tax herein authorized as security for payments of bonds issued pursuant to subsection (1) of this section:  PROVIDED, FURTHER, That such limitation shall not apply to property taxes approved pursuant to subsections (2) and (3) of this section.

          The limitation in RCW 84.55.010 shall apply to levies after the first levy authorized under this section following the approval of such levy by voters pursuant to this section.

          (2) An annual excess ad valorem property tax for general district purposes when authorized by the district voters in the manner prescribed by section 2, Article VII of the Constitution and by RCW 84.52.052.

          (3) Multi-year excess ad valorem property tax levies used to retire general obligation bond issues when authorized by the district voters in the manner prescribed by section 2, Article VII of the Constitution and by RCW 84.52.056.

          The district shall include in its regular property tax levy for each year a sum sufficient to pay the interest and principal on all outstanding general obligation bonds issued without voter approval pursuant to RCW 67.38.110 and may include a sum sufficient to create a sinking fund for the redemption of all outstanding bonds.

 

        Sec. 55.  RCW 68.52.310 and 1973 1st ex.s. c 195 s 77 are each amended to read as follows:

          The board of cemetery commissioners shall have no authority to contract indebtedness in any year in excess of the aggregate amount of the currently levied taxes, which annual tax levy for cemetery district purposes shall not exceed ((eleven and one-quarter)) twelve cents per thousand dollars of assessed valuation.

 

        Sec. 56.  RCW 70.44.060 and 1990 c 234 s 2 are each amended to read as follows:

          All public hospital districts organized under the provisions of this chapter shall have power:

          (1) To make a survey of existing hospital and other health care facilities within and without such district.

          (2) To construct, condemn and purchase, purchase, acquire, lease, add to, maintain, operate, develop and regulate, sell and convey all lands, property, property rights, equipment, hospital and other health care facilities and systems for the maintenance of hospitals, buildings, structures, and any and all other facilities, and to exercise the right of eminent domain to effectuate the foregoing purposes or for the acquisition and damaging of the same or property of any kind appurtenant thereto, and such right of eminent domain shall be exercised and instituted pursuant to a resolution of the commission and conducted in the same manner and by the same procedure as in or may be provided by law for the exercise of the power of eminent domain by incorporated cities and towns of the state of Washington in the acquisition of property rights:  PROVIDED, That no public hospital district shall have the right of eminent domain and the power of condemnation against any health care facility.

          (3) To lease existing hospital and other health care facilities and equipment and/or other property used in connection therewith, including ambulances, and to pay such rental therefor as the commissioners shall deem proper; to provide hospital and other health care services for residents of said district by facilities located outside the boundaries of said district, by contract or in any other manner said commissioners may deem expedient or necessary under the existing conditions; and said hospital district shall have the power to contract with other communities, corporations, or individuals for the services provided by said hospital district; and they may further receive in said hospitals and other health care facilities and furnish proper and adequate services to all persons not residents of said district at such reasonable and fair compensation as may be considered proper:  PROVIDED, That it must at all times make adequate provision for the needs of the district and residents of said district shall have prior rights to the available hospital and other health care facilities of said district, at rates set by the district commissioners.

          (4) For the purpose aforesaid, it shall be lawful for any district so organized to take, condemn and purchase, lease, or acquire, any and all property, and property rights, including state and county lands, for any of the purposes aforesaid, and any and all other facilities necessary or convenient, and in connection with the construction, maintenance, and operation of any such hospitals and other health care facilities, subject, however, to the applicable limitations provided in subsection (2) of this section.

          (5) To contract indebtedness or borrow money for corporate purposes on the credit of the corporation or the revenues of the hospitals thereof, and the revenues of any other facilities or services that the district is or hereafter may be authorized by law to provide, and to issue and sell:  (a) Revenue bonds, revenue warrants, or other revenue obligations therefor payable solely out of a special fund or funds into which the district may pledge such amount of the revenues of the hospitals thereof, and the revenues of any other facilities or services that the district is or hereafter may be authorized by law to provide, to pay the same as the commissioners of the district may determine, such revenue bonds, warrants, or other obligations to be issued and sold in the same manner and subject to the same provisions as provided for the issuance of revenue bonds, warrants, or other obligations by cities or towns under the Municipal Revenue Bond Act, chapter 35.41 RCW, as may hereafter be amended; (b) general obligation bonds therefor in the manner and form as provided in RCW 70.44.110 and 70.44.130, as may hereafter be amended; or (c) interest-bearing warrants to be drawn on a fund pending deposit in such fund of money sufficient to redeem such warrants and to be issued and paid in such manner and upon such terms and conditions as the board of commissioners may deem to be in the best interest of the district; and to assign or sell hospital accounts receivable, and accounts receivable for the use of other facilities or services that the district is or hereafter may be authorized by law to provide, for collection with or without recourse.  General obligation bonds shall be issued and sold in accordance with chapter 39.46 RCW.  Revenue bonds, revenue warrants, or other revenue obligations may be issued and sold in accordance with chapter 39.46 RCW.

          (6) To raise revenue by the levy of an annual tax on all taxable property within such public hospital district not to exceed fifty-five cents per thousand dollars of assessed value, and an additional annual tax on all taxable property within such public hospital district not to exceed twenty-((five)) eight cents per thousand dollars of assessed value, or such further amount as has been or shall be authorized by a vote of the people.  Although public hospital districts are authorized to impose two separate regular property tax levies, the levies shall be considered to be a single levy for purposes of the one hundred six percent limitation provided for in chapter 84.55 RCW.  Public hospital districts are authorized to levy such a general tax in excess of their regular property taxes when authorized so to do at a special election conducted in accordance with and subject to all of the requirements of the Constitution and the laws of the state of Washington now in force or hereafter enacted governing the limitation of tax levies.  The said board of district commissioners is authorized and empowered to call a special election for the purpose of submitting to the qualified voters of the hospital district a proposition or propositions to levy taxes in excess of its regular property taxes.  The superintendent shall prepare a proposed budget of the contemplated financial transactions for the ensuing year and file the same in the records of the commission on or before the first Monday in September.  Notice of the filing of said proposed budget and the date and place of hearing on the same shall be published for at least two consecutive weeks in a newspaper printed and of general circulation in said county.  On the first Monday in October the commission shall hold a public hearing on said proposed budget at which any taxpayer may appear and be heard against the whole or any part of the proposed budget.  Upon the conclusion of said hearing, the commission shall, by resolution, adopt the budget as finally determined and fix the final amount of expenditures for the ensuing year.  Taxes levied by the commission shall be certified to and collected by the proper county officer of the county in which such public hospital district is located in the same manner as is or may be provided by law for the certification and collection of port district taxes.  The commission is authorized, prior to the receipt of taxes raised by levy, to borrow money or issue warrants of the district in anticipation of the revenue to be derived by such district from the levy of taxes for the purpose of such district, and such warrants shall be redeemed from the first money available from such taxes when collected, and such warrants shall not exceed the anticipated revenues of one year, and shall bear interest at a rate or rates as authorized by the commission.

          (7) To enter into any contract with the United States government or any state, municipality, or other hospital district, or any department of those governing bodies, for carrying out any of the powers authorized by this chapter.

          (8) To sue and be sued in any court of competent jurisdiction:  PROVIDED, That all suits against the public hospital district shall be brought in the county in which the public hospital district is located.

          (9) To pay actual necessary travel expenses and living expenses incurred while in travel status for (a) qualified physicians who are candidates for medical staff positions, and (b) other qualified persons who are candidates for superintendent or other managerial and technical positions, when the district finds that hospitals or other health care facilities owned and operated by it are not adequately staffed and determines that personal interviews with said candidates to be held in the district are necessary or desirable for the adequate staffing of said facilities.

          (10) To make contracts, employ superintendents, attorneys, and other technical or professional assistants and all other employees; to make contracts with private or public institutions for employee retirement programs; to print and publish information or literature; and to do all other things necessary to carry out the provisions of this chapter.

 

        Sec. 57.  RCW 70.94.091 and 1973 1st ex.s. c 195 s 84 are each amended to read as follows:

          An activated authority shall have the power to levy additional taxes in excess of the constitutional and/or statutory tax limitations for any of the authorized purposes of such activated authority, not in excess of twenty-((five)) eight cents per thousand dollars of assessed value a year when authorized so to do by the electors of such authority by a three-fifths majority of those voting on the proposition at a special election, to be held in the year in which the levy is made, in the manner set forth in Article VII, section 2 (a) of the Constitution of this state, as amended by Amendment 59 and as thereafter amended.  Nothing herein shall be construed to prevent holding the foregoing special election at the same time as that fixed for a general election.  The expense of all special elections held pursuant to this section shall be paid by the authority.

 

        Sec. 58.  RCW 71.20.110 and 1988 c 176 s 910 are each amended to read as follows:

          In order to provide additional funds for the coordination and provision of community services for persons with developmental disabilities or mental health services, the county governing authority of each county in the state shall budget and levy annually a tax in a sum equal to the amount which would be raised by a levy of ((two and one-half)) three cents per thousand dollars of assessed value against the taxable property in the county to be used for such purposes:  PROVIDED, That all or part of the funds collected from the tax levied for the purposes of this section may be transferred to the state of Washington, department of social and health services, for the purpose of obtaining federal matching funds to provide and coordinate community services for persons with developmental disabilities and mental health services.  In the event a county elects to transfer such tax funds to the state for this purpose, the state shall grant these moneys and the additional funds received as matching funds to service-providing community agencies or community boards in the county which has made such transfer, pursuant to the plan approved by the county, as provided by chapters 71.24 and 71.28 RCW and by chapter 71A.14 RCW, all as now or hereafter amended.

          The amount of a levy allocated to the purposes specified in this section may be reduced in the same proportion as the regular property tax levy of the county is reduced by chapter 84.55 RCW.

 

        Sec. 59.  RCW 73.08.080 and 1985 c 181 s 2 are each amended to read as follows:

          The legislative authorities of the several counties in this state shall levy, in addition to the taxes now levied by law, a tax in a sum equal to the amount which would be raised by not less than one and one-((eighth)) quarter cents per thousand dollars of assessed value, and not greater than ((twenty-seven)) thirty cents per thousand dollars of assessed value against the taxable property of their respective counties, to be levied and collected as now prescribed by law for the assessment and collection of taxes, for the purpose of creating the veteran's assistance fund for the relief of honorably discharged veterans as defined in RCW 41.04.005 and the indigent wives, husbands, widows, widowers and minor children of such indigent or deceased veterans, to be disbursed for such relief by such county  legislative authority:  PROVIDED, That if the funds on deposit, less outstanding warrants, residing in the veteran's assistance fund on the first Tuesday in September exceed the expected yield of one and one-((eighth)) quarter cents per thousand dollars of assessed value against the taxable property of the county, the county legislative authority may levy a lesser amount:  PROVIDED FURTHER, That the costs incurred in the administration of said veteran's assistance fund shall be computed by the county treasurer not less than annually and such amount may then be transferred from the veteran's assistance fund as herein provided for to the county current expense fund.

          The amount of a levy allocated to the purposes specified in this section may be reduced in the same proportion as the regular property tax levy of the county is reduced by chapter 84.55 RCW.

 

        Sec. 60.  RCW 84.34.230 and 1973 1st ex.s. c 195 s 94 are each amended to read as follows:

          For the purpose of acquiring conservation futures as well as other rights and interests in real property pursuant to RCW 84.34.210 and 84.34.220, a county may levy an amount not to exceed ((six and one-quarter)) seven cents per thousand dollars of assessed valuation against the assessed valuation of all taxable property within the county, which levy shall be in addition to that authorized by RCW 84.52.050 and 84.52.043.

 

        Sec. 61.  RCW 84.52.010 and 1990 c 234 s 4 are each amended to read as follows:

          Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts.

          The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively.

          When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, as now or hereafter amended, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner:

          (1) The full certified rates of tax levy for state, county, county road district, and city or town purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by law, subject to subsection (2)(e) of this section; however any state levy shall take precedence over all other levies and shall not be reduced for any purpose other than that required by RCW 84.55.010; and

          (2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations:

          (a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, and 67.38.130 shall be reduced on a pro rata basis or eliminated;

          (b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated;

          (c) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, library districts, the first fifty-five cent per thousand dollars of assessed valuation levies for metropolitan park districts, and the first fifty-five cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a pro rata basis or eliminated;

          (d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and 52.16.160 shall be reduced on a pro rata basis or eliminated; and

          (e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130, library districts, metropolitan park districts under their first fifty-five cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty-five cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated.

 

        Sec. 62.  RCW 84.52.043 and 1990 c 234 s 1 are each amended to read as follows:

          Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows:

          (1) Levies of the senior taxing districts shall be as follows:  (a) The levy by the state shall not exceed three dollars and ((sixty)) ninety-six cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by any county shall not exceed one dollar and ((eighty)) ninety-eight cents per thousand dollars of assessed value; (c) the levy by any road district shall not exceed two dollars and ((twenty-five)) forty-eight cents per thousand dollars of assessed value; and (d) the levy by any city or town shall not exceed three dollars and ((thirty-seven and one-half)) seventy-one cents per thousand dollars of assessed value.  However any county is hereby authorized to increase its levy from one dollar and ((eighty)) ninety-eight cents to a rate not to exceed two dollars and ((forty-seven and one-half)) seventy-two cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and ((five)) forty-six cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.

          (2) Except as provided in RCW 84.52.100, the aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed ((five)) six dollars and ((ninety)) fifty cents per thousand dollars of assessed valuation.  The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts.  The limitations provided in this subsection shall not apply to:  (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; and (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069.

 

        Sec. 63.  RCW 84.52.063 and 1973 1st ex.s. c 195 s 105 are each amended to read as follows:

          A rural library district may impose a regular property tax levy in an amount equal to that which would be produced by a levy of fifty-five cents per thousand dollars of assessed value multiplied by an assessed valuation equal to one hundred percent of the true and fair value of the taxable property in the rural library district, as determined by the department of revenue's indicated county ratio:  PROVIDED, That when any county assessor shall find that the aggregate rate of levy on any property will exceed the limitation set forth in RCW 84.52.043 and 84.52.050, as now or hereafter amended, before recomputing and establishing a consolidated levy in the manner set forth in RCW 84.52.010, the assessor shall first reduce the levy of any rural library district, by such amount as may be necessary, but the levy of any rural library district shall not be reduced to less than fifty-five cents per thousand dollars against the value of the taxable property, as determined by the county, prior to any further adjustments pursuant to RCW 84.52.010.  For purposes of this section "regular property tax levy" shall mean a levy subject to the limitations provided for in Article VII, section 2 of the state Constitution and/or by statute.

 

        Sec. 64.  RCW 84.52.065 and 1991 sp.s. c 31 s 16 are each amended to read as follows:

          Subject to the limitations in RCW 84.55.010, in each year the state shall levy for collection in the following year for the support of common schools of the state a tax of three dollars and ((sixty)) ninety-six cents per thousand dollars of assessed value upon the assessed valuation of all taxable property within the state adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue.

          As used in this section, "the support of common schools" includes the payment of the principal and interest on bonds issued for capital construction projects for the common schools.

 

        Sec. 65.  RCW 84.52.069 and 1991 c 175 s 1 are each amended to read as follows:

          (1) As used in this section, "taxing district" means a county, emergency medical service district, city or town, public hospital district, or fire protection district.

          (2) A taxing district may impose additional regular property tax levies in an amount equal to fifty-five cents or less per thousand dollars of the assessed value of property in the taxing district in each year for six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the registered voters thereof approving a proposition authorizing the levies submitted at a general or special election, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty per centum of the total votes cast in such taxing district at the last preceding general election when the number of registered voters voting on the proposition does not exceed forty per centum of the total votes cast in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the registered voters thereof voting on the proposition when the number of registered voters voting on the proposition exceeds forty per centum of the total votes cast in such taxing district in the last preceding general election.  Ballot propositions shall conform with RCW 29.30.111.

          (3) Any tax imposed under this section shall be used only for the provision of emergency medical care or emergency medical services, including related personnel costs, training for such personnel, and related equipment, supplies, vehicles and structures needed for the provision of emergency medical care or emergency medical services.

          (4) If a county levies a tax under this section, no taxing district within the county may levy a tax under this section.  No other taxing district may levy a tax under this section if another taxing district has levied a tax under this section within its boundaries:  PROVIDED, That if a county levies less than fifty-five cents per thousand dollars of the assessed value of property, then any other taxing district may levy a tax under this section equal to the difference between the rate of the levy by the county and fifty-five cents:  PROVIDED FURTHER, That if a taxing district within a county levies this tax, and the voters of the county subsequently approve a levying of this tax, then the amount of the taxing district levy within the county shall be reduced, when the combined levies exceed fifty-five cents.  Whenever a tax is levied county-wide, the service shall, insofar as is feasible, be provided throughout the county:  PROVIDED FURTHER, That no county-wide levy proposal may be placed on the ballot without the approval of the legislative authority of each city exceeding fifty thousand population within the county:  AND PROVIDED FURTHER, That this section and RCW 36.32.480 shall not prohibit any city or town from levying an annual excess levy to fund emergency medical services:  AND PROVIDED, FURTHER, That if a county proposes to impose tax levies under this section, no other ballot proposition authorizing tax levies under this section by another taxing district in the county may be placed before the voters at the same election at which the county ballot proposition is placed:  AND PROVIDED FURTHER, That any taxing district emergency medical service levy that is authorized subsequent to a county emergency medical service levy, shall expire concurrently with the county emergency medical service levy.

          (5) The tax levy authorized in this section is in addition to the tax levy authorized in RCW 84.52.043.

          (6) The limitation in RCW 84.55.010 shall not apply to the first levy imposed pursuant to this section following the approval of such levy by the voters pursuant to subsection (2) of this section.

          (7) No taxing district may levy under this section more than twenty-((five)) eight cents per thousand dollars of assessed value of property if reductions under RCW 84.52.010(2) are made for the year within the boundaries of the taxing district.

 

        Sec. 66.  RCW 86.12.010 and 1973 1st ex.s. c 195 s 129 are each amended to read as follows:

          The county commissioners of any county may annually levy a tax, beginning with the year 1907, in such amount as, in their judgment they may deem necessary or advisable, but not to exceed twenty-((five)) eight cents per thousand dollars of assessed value upon all taxable property in such county, for the purpose of creating a fund to be known as "river improvement fund."  There is hereby created in each such river improvement fund an account to be known as the "flood control maintenance account."

 

        Sec. 67.  RCW 86.13.010 and 1973 1st ex.s. c 195 s 130 are each amended to read as follows:

          Wherever and whenever a river is or shall be the boundary line or part of the boundary line between two counties, or it, or its tributaries or outlet or part thereof, flows through parts of two counties, and the waters thereof have in the past been the cause of damage, by inundation or otherwise, to the roads, bridges or other public property situate in or to other public interests of both such counties, or the flow of such waters shall have alternated between the said counties so at one time or times such waters shall have caused damage to one county and at another time or times to the other county, and it shall be deemed by the boards of county commissioners of both counties to be for the public interests of their respective counties that the flow of such waters be definitely confined to a particular channel, situate in whole or in part in either county, in a manner calculated to prevent such alternation or to prevent or lessen damage in the future, it shall be lawful for the two counties, and their boards of county commissioners are hereby empowered, pursuant to resolution, to enter into a contract in writing in the names of the respective counties for the purpose of settling all disputes in relation to any such situation, and providing ways and means for the control and disposition of such waters.  Any such contract may provide:

          (1) That it shall be operative in perpetuity, or only for a term of years or other measure of time to be specified therein.

          (2) The amount of money to be expended by each county during each year of the life of said contract, or such other method of determining the amount of expenditure or dividing the financial burden as may be agreed upon.

          (3) That an annual tax shall be levied, at the same time and in the same manner as other county taxes are levied, each year during the life of the contract, by the county commissioners of each county.  The annual tax herein provided for need not be levied at the same rate for each county, but shall be at such rate in each county as will produce annually the amount of money for each county as is required for the fulfillment of the contract on its part:  PROVIDED, HOWEVER, That in no event shall any such tax levy by either county exceed twenty-((five)) eight cents per thousand dollars of assessed value for any one year.

          (4) That the general scheme for the improvement of such river shall be as stated in such contract, but by consent of the contracting parties, pursuant to resolution of each board of county commissioners, such scheme may be modified from time to time during the life of the contract.  The contract may but need not provide the details of such scheme, but must designate the general purpose to be accomplished.  So far as details are not specified in the contract, same shall be for future determination by joint action of the two boards of county commissioners.  Any such contract may be subsequently modified or abrogated by mutual consent evidenced by separate resolution of both boards of county commissioners.

 

        Sec. 68.  RCW 86.15.160 and 1986 c 278 s 60 are each amended to read as follows:

          For the purposes of this chapter the supervisors may authorize:

          (1) An annual excess ad valorem tax levy within any zone or participating zones when authorized by the voters of the zone or participating zones under RCW 84.52.052 and 84.52.054;

          (2) An assessment upon property, including state property, specially benefited by flood control improvements or storm water control improvements imposed under chapter 86.09 RCW;

          (3) Within any zone or participating zones an annual ad valorem property tax levy of not to exceed fifty-five cents per thousand dollars of assessed value when the levy will not take dollar rates that other taxing districts may lawfully claim and that will not cause the combined levies to exceed the constitutional and/or statutory limitations, and the additional levy, or any portion thereof, may also be made when dollar rates of other taxing units is released therefor by agreement with the other taxing units from their authorized levies;

          (4) A charge, under RCW 36.89.080, for the furnishing of service to those who are receiving or will receive benefits from storm water control facilities and who are contributing to an increase in surface water runoff.  Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state and state property, shall be liable for the charges to the same extent a private person and privately owned property is liable for the charges, and in setting these rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property;

          (5) The creation of local improvement districts and utility local improvement districts, the issuance of improvement district bonds and warrants, and the imposition, collection, and enforcement of special assessments on all property, including any state-owned or other publicly-owned property, specially benefited from improvements in the same manner as provided for counties by chapter 36.94 RCW.

 

        Sec. 69.  RCW 87.84.070 and 1973 1st ex.s. c 195 s 132 are each amended to read as follows:

          The directors shall be empowered to specially assess land located in the district for benefits thereto taking as a basis the last equalized assessment for county purposes:  PROVIDED, That such assessment shall not exceed twenty-((five)) eight cents per thousand dollars of assessed value upon such assessed valuation without securing authorization by vote of the electors of the district at an election called for that purpose.

          The board shall give notice of such an election, for the time and in the manner and form provided for irrigation district elections.  The manner of conducting and voting at such an election, opening and closing polls, canvassing the votes, certifying the returns, and declaring the result shall be nearly as practicable the same as in irrigation district elections.

          The special assessment provided for herein shall be due and payable at such times and in such amounts as designated by the district directors, which designation shall be made to the county auditor in writing, and the amount so designated shall be added to the general taxes, and entered upon the assessment rolls in his office, and collected therewith.

 

          NEW SECTION.  Sec. 70.  Sections 2 and 3 of this act are each added to chapter 84.36 RCW.

 

          NEW SECTION.  Sec. 71.  This act shall be effective for taxes levied for collection in 1995 and thereafter.

 

          NEW SECTION.  Sec. 72.  This act shall take effect if the proposed amendment to Article VII of the state Constitution, providing for a homestead exemption, is validly submitted to and is approved and ratified by the voters at the next general election.  If the proposed amendment is not so approved and ratified, this act is void in its entirety.

 


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