S-0530.1
SENATE BILL 5334
State of Washington
64th Legislature
2015 Regular Session
By Senator Mullet
Read first time 01/19/15. Referred to Committee on Early Learning & K-12 Education.
AN ACT Relating to lowering reliance on local levies to fund basic education; amending RCW 84.52.065, 84.52.0531, 28A.500.020, 28A.500.020, 84.36.381, and 84.36.630; amending 2013 2nd sp.s. c 4 s 1905 (uncodified); reenacting and amending RCW 84.52.0531; adding a new section to chapter 84.52 RCW; creating new sections; providing effective dates; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1.  (1) The legislature finds that Article IX of the state Constitution provides: "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders ....." The legislature acknowledges that the legislature's duty under Article IX is to define and amply fund the program of basic education using dependable resources.
(2) The legislature finds that the state Constitution also authorizes school districts to collect property tax revenues in excess of one percent of the assessed value of county property for school districts to provide programs and activities outside of the program of basic education. The legislature recognizes that the courts have consistently found that these local levy dollars are not dependable resources because the local levy is wholly dependent upon the whim of the electorate and available on only a temporary basis and therefore must not be used to fund the program of basic education. However, the legislature maintains that local levy authority is important to the educational funding system and is a primary method for communities to show support for the local schools.
(3) The legislature intends to address the issue identified in McCleary v. State, 173 Wn.2d 477 (2012), that some school districts currently rely too heavily on local levy funds for costs related to providing a program of basic education. The legislature expects to lower the reliance by school districts on local levies and significantly increase the state support provided for the program of basic education by increasing the state property tax, reducing local school levies by the same amount, and redistributing the increased state levy back to the school district from which it came.
(4) The legislature recognizes that only addressing the over reliance on local levy funding for the program of education will not be sufficient to meet all the obligations of the state to fully fund basic education. Therefore, the legislature also intends to invest significant additional funding for the program of basic education as specified in other legislation and in the omnibus appropriations act.
PART I
INCREASING THE STATE PROPERTY TAX AND REDUCING
LOCAL SCHOOL LEVIES BY THE SAME AMOUNT
Sec. 101.  RCW 84.52.065 and 1991 sp.s. c 31 s 16 are each amended to read as follows:
(1) 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 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.
(2) In addition to the tax authorized under subsection (1) of this section and subject to the limitations in RCW 84.55.010, the state must levy an additional tax, for collection beginning in 2016, for the support of the common schools of the state equal to one dollar 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 department of revenue. Revenues from the tax under this subsection must be deposited into the education legacy trust account under RCW 83.100.230.
(3) The combined total of the tax in subsections (1) and (2) of this section must not exceed three dollars and sixty 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 department of revenue.
Sec. 102.  RCW 84.52.0531 and 2013 c 242 s 8 are each amended to read as follows:
The maximum dollar amount which may be levied by or for any school district for maintenance and operation support under the provisions of RCW 84.52.053 shall be determined as follows:
(1) For excess levies for collection in calendar year 1997, the maximum dollar amount shall be calculated pursuant to the laws and rules in effect in November 1996.
(2) For excess levies for collection in calendar year 1998 and thereafter, the maximum dollar amount shall be the sum of (a) plus or minus (b), (c), and (d) of this subsection minus (e) and minus (f) of this subsection:
(a) The district's levy base as defined in subsections (3) and (4) of this section multiplied by the district's maximum levy percentage as defined in subsection (7) of this section;
(b) For districts in a high/nonhigh relationship, the high school district's maximum levy amount shall be reduced and the nonhigh school district's maximum levy amount shall be increased by an amount equal to the estimated amount of the nonhigh payment due to the high school district under RCW 28A.545.030(3) and 28A.545.050 for the school year commencing the year of the levy;
(c) Except for nonhigh districts under (d) of this subsection, for districts in an interdistrict cooperative agreement, the nonresident school district's maximum levy amount shall be reduced and the resident school district's maximum levy amount shall be increased by an amount equal to the per pupil basic education allocation included in the nonresident district's levy base under subsection (3) of this section multiplied by:
(i) The number of full-time equivalent students served from the resident district in the prior school year; multiplied by:
(ii) The serving district's maximum levy percentage determined under subsection (7) of this section; increased by:
(iii) The percent increase per full-time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year and the current school year divided by fifty-five percent;
(d) The levy bases of nonhigh districts participating in an innovation academy cooperative established under RCW 28A.340.080 shall be adjusted by the office of the superintendent of public instruction to reflect each district's proportional share of student enrollment in the cooperative;
(e) The district's maximum levy amount shall be reduced by the maximum amount of state matching funds for which the district is eligible under RCW 28A.500.010;
(f) The district's maximum levy amount shall be reduced by an amount equal to one dollar per thousand dollars of assessed value upon the assessed valuation of all taxable property within the district adjusted to the state equalized value in accordance with the indicated ratio fixed by the department of revenue.
(3) For excess levies for collection in calendar year 2005 and thereafter, a district's levy base shall be the sum of allocations in (a) through (c) of this subsection received by the district for the prior school year and the amounts determined under subsection (4) of this section, including allocations for compensation increases, plus the sum of such allocations multiplied by the percent increase per full time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year and the current school year and divided by fifty-five percent. A district's levy base shall not include local school district property tax levies or other local revenues, or state and federal allocations not identified in (a) through (c) of this subsection.
(a) The district's basic education allocation as determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350;
(b) State and federal categorical allocations for the following programs:
(i) Pupil transportation;
(ii) Special education;
(iii) Education of highly capable students;
(iv) Compensatory education, including but not limited to learning assistance, migrant education, Indian education, refugee programs, and bilingual education;
(v) Food services; and
(vi) Statewide block grant programs; and
(c) Any other federal allocations for elementary and secondary school programs, including direct grants, other than federal impact aid funds and allocations in lieu of taxes.
(4) For levy collections in calendar years 2005 through 2017, in addition to the allocations included under subsection (3)(a) through (c) of this section, a district's levy base shall also include the following:
(a)(i) For levy collections in calendar year 2010, the difference between the allocation the district would have received in the current school year had RCW 84.52.068 not been amended by chapter 19, Laws of 2003 1st sp. sess. and the allocation the district received in the current school year pursuant to RCW 28A.505.220;
(ii) For levy collections in calendar years 2011 through 2017, the allocation rate the district would have received in the prior school year using the Initiative 728 rate multiplied by the full-time equivalent student enrollment used to calculate the Initiative 728 allocation for the prior school year; and
(b) The difference between the allocations the district would have received the prior school year using the Initiative 732 base and the allocations the district actually received the prior school year pursuant to RCW 28A.400.205.
(5) For levy collections in calendar years 2011 through 2017, in addition to the allocations included under subsections (3)(a) through (c) and (4)(a) and (b) of this section, a district's levy base shall also include the difference between an allocation of fifty-three and two-tenths certificated instructional staff units per thousand full-time equivalent students in grades kindergarten through four enrolled in the prior school year and the allocation of certificated instructional staff units per thousand full-time equivalent students in grades kindergarten through four that the district actually received in the prior school year, except that the levy base for a school district whose allocation in the 2009-10 school year was less than fifty-three and two-tenths certificated instructional staff units per thousand full-time equivalent students in grades kindergarten through four shall include the difference between the allocation the district actually received in the 2009-10 school year and the allocation the district actually received in the prior school year.
(6) For levy collections beginning in calendar year 2014 and thereafter, in addition to the allocations included under subsections (3)(a) through (c), (4)(a) and (b), and (5) of this section, a district's levy base shall also include the funds allocated by the superintendent of public instruction under RCW 28A.715.040 to a school that is the subject of a state-tribal education compact and that formerly contracted with the school district to provide educational services through an interlocal agreement and received funding from the district.
(7)(a) A district's maximum levy percentage shall be twenty-four percent in 2010 and twenty-eight percent in 2011 through 2017 and twenty-four percent every year thereafter;
(b) For qualifying districts, in addition to the percentage in (a) of this subsection the grandfathered percentage determined as follows:
(i) For 1997, the difference between the district's 1993 maximum levy percentage and twenty percent; and
(ii) For 2011 through 2017, the percentage calculated as follows:
(A) Multiply the grandfathered percentage for the prior year times the district's levy base determined under subsection (3) of this section;
(B) Reduce the result of (b)(ii)(A) of this subsection by any levy reduction funds as defined in subsection (8) of this section that are to be allocated to the district for the current school year;
(C) Divide the result of (b)(ii)(B) of this subsection by the district's levy base; and
(D) Take the greater of zero or the percentage calculated in (b)(ii)(C) of this subsection.
(8) "Levy reduction funds" shall mean increases in state funds from the prior school year for programs included under subsections (3) and (4) of this section: (a) That are not attributable to enrollment changes, compensation increases, or inflationary adjustments; and (b) that are or were specifically identified as levy reduction funds in the appropriations act. If levy reduction funds are dependent on formula factors which would not be finalized until after the start of the current school year, the superintendent of public instruction shall estimate the total amount of levy reduction funds by using prior school year data in place of current school year data. Levy reduction funds shall not include moneys received by school districts from cities or counties.
(9) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Prior school year" means the most recent school year completed prior to the year in which the levies are to be collected.
(b) "Current school year" means the year immediately following the prior school year.
(c) "Initiative 728 rate" means the allocation rate at which the student achievement program would have been funded under chapter 3, Laws of 2001, if all annual adjustments to the initial 2001 allocation rate had been made in previous years and in each subsequent year as provided for under chapter 3, Laws of 2001.
(d) "Initiative 732 base" means the prior year's state allocation for annual salary cost-of-living increases for district employees in the state-funded salary base as it would have been calculated under chapter 4, Laws of 2001, if each annual cost-of-living increase allocation had been provided in previous years and in each subsequent year.
(10) Funds collected from transportation vehicle fund tax levies shall not be subject to the levy limitations in this section.
(11) The superintendent of public instruction shall develop rules and inform school districts of the pertinent data necessary to carry out the provisions of this section.
(12) For calendar year 2009, the office of the superintendent of public instruction shall recalculate school district levy authority to reflect levy rates certified by school districts for calendar year 2009.
Sec. 103.  RCW 84.52.0531 and 2010 c 237 s 2 and 2010 c 99 s 11 are each reenacted and amended to read as follows:
The maximum dollar amount which may be levied by or for any school district for maintenance and operation support under the provisions of RCW 84.52.053 shall be determined as follows:
(1) For excess levies for collection in calendar year 1997, the maximum dollar amount shall be calculated pursuant to the laws and rules in effect in November 1996.
(2) For excess levies for collection in calendar year 1998 and thereafter, the maximum dollar amount shall be the sum of (a) plus or minus (b), (c), and (d) of this subsection minus (e) and minus (f) of this subsection:
(a) The district's levy base as defined in subsection (3) of this section multiplied by the district's maximum levy percentage as defined in subsection (4) of this section;
(b) For districts in a high/nonhigh relationship, the high school district's maximum levy amount shall be reduced and the nonhigh school district's maximum levy amount shall be increased by an amount equal to the estimated amount of the nonhigh payment due to the high school district under RCW 28A.545.030(3) and 28A.545.050 for the school year commencing the year of the levy;
(c) Except for nonhigh districts under (d) of this subsection, for districts in an interdistrict cooperative agreement, the nonresident school district's maximum levy amount shall be reduced and the resident school district's maximum levy amount shall be increased by an amount equal to the per pupil basic education allocation included in the nonresident district's levy base under subsection (3) of this section multiplied by:
(i) The number of full-time equivalent students served from the resident district in the prior school year; multiplied by:
(ii) The serving district's maximum levy percentage determined under subsection (4) of this section; increased by:
(iii) The percent increase per full-time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year and the current school year divided by fifty-five percent;
(d) The levy bases of nonhigh districts participating in an innovation academy cooperative established under RCW 28A.340.080 shall be adjusted by the office of the superintendent of public instruction to reflect each district's proportional share of student enrollment in the cooperative;
(e) The district's maximum levy amount shall be reduced by the maximum amount of state matching funds for which the district is eligible under RCW 28A.500.010;
(f) The district's maximum levy amount shall be reduced by an amount equal to one dollar per thousand dollars of assessed value upon the assessed valuation of all taxable property within the district adjusted to the state equalized value in accordance with the indicated ratio fixed by the department of revenue.
(3) For excess levies for collection in calendar year 1998 and thereafter, a district's levy base shall be the sum of allocations in (a) through (c) of this subsection received by the district for the prior school year, including allocations for compensation increases, plus the sum of such allocations multiplied by the percent increase per full time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year and the current school year and divided by fifty-five percent. A district's levy base shall not include local school district property tax levies or other local revenues, or state and federal allocations not identified in (a) through (c) of this subsection.
(a) The district's basic education allocation as determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350;
(b) State and federal categorical allocations for the following programs:
(i) Pupil transportation;
(ii) Special education;
(iii) Education of highly capable students;
(iv) Compensatory education, including but not limited to learning assistance, migrant education, Indian education, refugee programs, and bilingual education;
(v) Food services; and
(vi) Statewide block grant programs; and
(c) Any other federal allocations for elementary and secondary school programs, including direct grants, other than federal impact aid funds and allocations in lieu of taxes.
(4)(a) A district's maximum levy percentage shall be twenty-four percent in 2010 and twenty-eight percent in 2011 through 2017 and twenty-four percent every year thereafter;
(b) For qualifying districts, in addition to the percentage in (a) of this subsection the grandfathered percentage determined as follows:
(i) For 1997, the difference between the district's 1993 maximum levy percentage and twenty percent; ((and))
(ii) For 2011 through 2017, the percentage calculated as follows:
(A) Multiply the grandfathered percentage for the prior year times the district's levy base determined under subsection (3) of this section;
(B) Reduce the result of (b)(ii)(A) of this subsection by any levy reduction funds as defined in subsection (5) of this section that are to be allocated to the district for the current school year;
(C) Divide the result of (b)(ii)(B) of this subsection by the district's levy base; and
(D) Take the greater of zero or the percentage calculated in (b)(ii)(C) of this subsection;
(iii) For 2018 and thereafter, the percentage shall be calculated as follows:
(A) Multiply the grandfathered percentage for the prior year times the district's levy base determined under subsection (3) of this section;
(B) Reduce the result of (b)(iii)(A) of this subsection by any levy reduction funds as defined in subsection (5) of this section that are to be allocated to the district for the current school year;
(C) Divide the result of (b)(iii)(B) of this subsection by the district's levy base; and
(D) Take the greater of zero or the percentage calculated in (b)(iii)(C) of this subsection.
(5) "Levy reduction funds" shall mean increases in state funds from the prior school year for programs included under subsection (3) of this section: (a) That are not attributable to enrollment changes, compensation increases, or inflationary adjustments; and (b) that are or were specifically identified as levy reduction funds in the appropriations act. If levy reduction funds are dependent on formula factors which would not be finalized until after the start of the current school year, the superintendent of public instruction shall estimate the total amount of levy reduction funds by using prior school year data in place of current school year data. Levy reduction funds shall not include moneys received by school districts from cities or counties.
(6) For the purposes of this section, "prior school year" means the most recent school year completed prior to the year in which the levies are to be collected.
(7) For the purposes of this section, "current school year" means the year immediately following the prior school year.
(8) Funds collected from transportation vehicle fund tax levies shall not be subject to the levy limitations in this section.
(9) The superintendent of public instruction shall develop rules and regulations and inform school districts of the pertinent data necessary to carry out the provisions of this section.
Sec. 104.  RCW 28A.500.020 and 2013 2nd sp.s. c 4 s 957 are each amended to read as follows:
(1) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(a) "Prior tax collection year" means the year immediately preceding the year in which the local effort assistance shall be allocated.
(b) "Statewide average fourteen percent levy rate" means fourteen percent of the total levy bases as defined in RCW 84.52.0531 (3) through (5) for calendar years 2014 and 2015, and as defined in RCW 84.52.0531 (3) and (4) in calendar years 2016 and thereafter, summed for all school districts, and divided by the total assessed valuation for excess levy purposes in the prior tax collection year for all districts as adjusted to one hundred percent by the county indicated ratio established in RCW 84.48.075. In calendar year 2016 and thereafter, the statewide maximum levy amount shall be reduced by the amount collected by the state under RCW 84.52.065(2).
(c) The "district's fourteen percent levy amount" means the school district's maximum levy authority after transfers determined under RCW 84.52.0531(2) (a) through (c) divided by the district's maximum levy percentage determined under RCW 84.52.0531(((6)))(7) multiplied by fourteen percent. In calendar year 2016 and thereafter, the district's maximum levy amount shall be reduced by the district's allocation of revenue collected under RCW 84.52.065(2).
(d) The "district's fourteen percent levy rate" means the district's fourteen percent levy amount divided by the district's assessed valuation for excess levy purposes for the prior tax collection year as adjusted to one hundred percent by the county indicated ratio.
(e) "Districts eligible for local effort assistance" means those districts with a fourteen percent levy rate that exceeds the statewide average fourteen percent levy rate.
(2) Unless otherwise stated all rates, percents, and amounts are for the calendar year for which local effort assistance is being calculated under this chapter.
Sec. 105.  RCW 28A.500.020 and 1999 c 317 s 2 are each amended to read as follows:
(1) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(a) "Prior tax collection year" means the year immediately preceding the year in which the local effort assistance shall be allocated.
(b) "Statewide average twelve percent levy rate" means twelve percent of the total levy bases as defined in RCW 84.52.0531(3) summed for all school districts, and divided by the total assessed valuation for excess levy purposes in the prior tax collection year for all districts as adjusted to one hundred percent by the county indicated ratio established in RCW 84.48.075. The statewide maximum levy amount shall be reduced by the amount collected by the state under RCW 84.52.065(2).
(c) The "district's twelve percent levy amount" means the school district's maximum levy authority after transfers determined under RCW 84.52.0531(2) (a) through (c) divided by the district's maximum levy percentage determined under RCW 84.52.0531(4) multiplied by twelve percent. The district's maximum levy amount shall be reduced by the district's allocation of revenue collected under RCW 84.52.065(2).
(d) The "district's twelve percent levy rate" means the district's twelve percent levy amount divided by the district's assessed valuation for excess levy purposes for the prior tax collection year as adjusted to one hundred percent by the county indicated ratio.
(e) "Districts eligible for local effort assistance" means those districts with a twelve percent levy rate that exceeds the statewide average twelve percent levy rate.
(2) Unless otherwise stated all rates, percents, and amounts are for the calendar year for which local effort assistance is being calculated under this chapter.
PART II
REDISTRIBUTING THE INCREASED STATE LEVY BACK
TO THE SCHOOL DISTRICT FROM WHICH IT CAME
NEW SECTION.  Sec. 201.  A new section is added to chapter 84.52 RCW to read as follows:
(1) Revenues from the tax imposed under RCW 82.52.065(2) must be distributed to the school district from which the tax was imposed and collected on each taxable property.
(2) If the amount received by any public school district pursuant to subsection (1) of this section is less than the state allocation for the program of basic education as provided in RCW 28A.150.200 to which the district would otherwise be entitled, the superintendent of public instruction shall apportion to the district, in the manner provided by RCW 28A.510.250, an amount that is the difference between the amount received pursuant to subsection (1) of this section and the state allocation for the program of basic education as provided in RCW 28A.150.200 to which the district would otherwise be entitled.
PART III
ADJUSTING PROPERTY TAX EXEMPTIONS SO THEY
ARE NOT AFFECTED BY THIS ACT
Sec. 301.  RCW 84.36.381 and 2012 c 10 s 73 are each amended to read as follows:
A person is exempt from any legal obligation to pay all or a portion of the amount of excess and regular real property taxes due and payable in the year following the year in which a claim is filed, and thereafter, in accordance with the following:
(1) The property taxes must have been imposed upon a residence which was occupied by the person claiming the exemption as a principal place of residence as of the time of filing. However, any 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 may receive an exemption on more than one residence in any year. Moreover, confinement of the person to a hospital, nursing home, assisted living facility, or adult family home does not disqualify the claim of exemption if:
(a) The residence is temporarily unoccupied;
(b) The residence is occupied by a spouse or a domestic partner and/or a person financially dependent on the claimant for support; or
(c) The residence is rented for the purpose of paying nursing home, hospital, assisted living facility, or adult family home costs;
(2) The person claiming the exemption 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 person claiming the exemption 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 state registered domestic partnership or owned by cotenants is deemed to be owned by each spouse or each domestic partner or each cotenant, and any lease for life is deemed a life estate;
(3)(a) The person claiming the exemption must be:
(i) Sixty-one years of age or older on December 31st of the year in which the exemption claim is filed, or must have been, at the time of filing, retired from regular gainful employment by reason of disability; or
(ii) A veteran of the armed forces of the United States entitled to and receiving compensation from the United States department of veterans affairs at a total disability rating for a service-connected disability.
(b) However, any surviving spouse or surviving domestic partner of a person who was receiving an exemption at the time of the person's death will qualify if the surviving spouse or surviving domestic partner is fifty-seven years of age or older and otherwise meets the requirements of this section;
(4) The amount that the person is exempt from an obligation to pay is calculated on the basis of combined disposable income, as defined in RCW 84.36.383. If the person claiming the exemption was retired for two months or more of the assessment year, the combined disposable income of such person must be calculated by multiplying the average monthly combined disposable income of such person during the months such person was retired by twelve. If the income of the person claiming exemption is reduced for two or more months of the assessment year by reason of the death of the person's spouse or the person's domestic partner, or when other substantial changes occur in disposable income that are likely to continue for an indefinite period of time, the combined disposable income of such person must be calculated by multiplying the average monthly combined disposable income of such person after such occurrences by twelve. If it is necessary to estimate income to comply with this subsection, the assessor may require confirming documentation of such income prior to May 31 of the year following application;
(5)(a) A person who otherwise qualifies under this section and has a combined disposable income of thirty-five thousand dollars or less is exempt from all excess property taxes and the tax imposed under RCW 82.52.065(2); and
(b)(i) A person who otherwise qualifies under this section and has a combined disposable income of thirty thousand dollars or less but greater than twenty-five thousand dollars is exempt from all regular property taxes on the greater of fifty thousand dollars or thirty-five percent of the valuation of his or her residence, but not to exceed seventy thousand dollars of the valuation of his or her residence; or
(ii) A person who otherwise qualifies under this section and has a combined disposable income of twenty-five thousand dollars or less is exempt from all regular property taxes on the greater of sixty thousand dollars or sixty percent of the valuation of his or her residence;
(6)(a) For a person who otherwise qualifies under this section and has a combined disposable income of thirty-five thousand dollars or less, the valuation of the residence is the assessed value of the residence on the later of January 1, 1995, or January 1st of the assessment year the person first qualifies under this section. If the person subsequently fails to qualify under this section only for one year because of high income, this same valuation must be used upon requalification. If the person fails to qualify for more than one year in succession because of high income or fails to qualify for any other reason, the valuation upon requalification is the assessed value on January 1st of the assessment year in which the person requalifies. If the person transfers the exemption under this section to a different residence, the valuation of the different residence is the assessed value of the different residence on January 1st of the assessment year in which the person transfers the exemption.
(b) In no event may the valuation under this subsection be greater than the true and fair value of the residence on January 1st of the assessment year.
(c) This subsection does not apply to subsequent improvements to the property in the year in which the improvements are made. Subsequent improvements to the property must be added to the value otherwise determined under this subsection at their true and fair value in the year in which they are made.
Sec. 302.  RCW 84.36.630 and 2014 c 140 s 28 are each amended to read as follows:
(1) All machinery and equipment owned by a farmer that is personal property is exempt from property taxes levied ((for any))by the state ((purpose))under RCW 84.52.065(1) if it is used exclusively in growing and producing agricultural products during the calendar year for which the claim for exemption is made.
(2) "Farmer" and "agricultural product" have the same meaning as defined in RCW 82.04.213.
(3) A claim for exemption under this section must be filed with the county assessor together with the statement required under RCW 84.40.190, for exemption from taxes payable the following year. The claim must be made solely upon forms as prescribed and furnished by the department of revenue.
PART IV
MISCELLANEOUS
NEW SECTION.  Sec. 401.  Sections 101, 102, and 104 of this act apply to taxes levied for collection in 2016 and thereafter.
Sec. 402.  2013 2nd sp.s. c 4 s 1905 (uncodified) is amended to read as follows:
Section 957 of this act expires ((August))January 1, 2018.
NEW SECTION.  Sec. 403.  Section 201 of this act takes effect September 1, 2016.
NEW SECTION.  Sec. 404.  Sections 102 and 104 of this act expire January 1, 2018.
NEW SECTION.  Sec. 405.  Sections 103 and 105 of this act take effect January 1, 2018.
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