H-4542              _______________________________________________

 

                                          SUBSTITUTE HOUSE BILL NO. 1768

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By House Committee on Local Government (originally sponsored by Representatives McMullen, Vekich, Haugen, Unsoeld, Jacobsen and P. King)

 

 

Read first time 2/7/86 and passed to Committee on Rules.

 

 


AN ACT Relating to museum districts; reenacting and amending RCW 84.52.052; and adding a new chapter to Title 27 RCW.

 

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

 

          NEW SECTION.  Sec. 1.     The legislative authority of a county may establish one or more museum districts within the county for the purpose of providing and funding museums.  A museum district is a quasi municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.

          A museum district shall constitute a body corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, and to sue and be sued.

          An elected three-member board of trustees shall be the governing body of a museum district.  The county treasurer shall act as the ex officio treasurer of the museum district.  The electors of a district are all registered voters residing within the district.

 

          NEW SECTION.  Sec. 2.     (1) The process of creating a museum district shall be initiated by either the county legislative authority adopting a resolution proposing the district or the filing of a petition proposing the district with the county legislative authority that is signed by at least the number of voters residing in the proposed district equal in number to ten percent of the voters residing in the proposed district who voted at the last general election.  Upon the adoption of the resolution or filing of the petition, the county legislative authority shall conduct a hearing at the time and place specified in a notice of the public hearing that is published at least once, not less than ten days prior to the hearing, in a newspaper of general circulation within the proposed museum district.  This notice shall be in addition to any other notice required by law to be published.  Additional notice of the hearing may be given by mail, posting within the proposed museum district, or in any manner the county legislative authority deems necessary to notify affected persons.  All hearings shall be public and the county legislative authority shall hear objections from any person affected by the formation, modification of the boundaries, or dissolution of the museum district.

          (2) Following the hearing held pursuant to subsection (1) of this section, the county legislative authority shall cause an election to be held to authorize the creation of the museum district if the county legislative authority finds the district to be in the public interest and adopts a resolution providing for the election.  The county legislative authority also may submit separate ballot propositions to the voters authorizing a regular property tax as provided in section 5 of this act.

          If the ballot proposition to create the museum district is approved by a simple majority vote of the voters of  the proposed district, the county legislative authority shall adopt a resolution creating the district.

 

          NEW SECTION.  Sec. 3.     At the same election at which the proposition to create a museum district is submitted to the voters, the initial board of trustees shall be elected.  The election of the initial board of trustees and the subsequent election of trustees shall be in the manner provided for the election of sewer district commissioners in chapter 56.12 RCW.

 

          NEW SECTION.  Sec. 4.     A museum district is authorized to establish and operate museums for the exhibition and preservation of materials of cultural or historical significance.

 

          NEW SECTION.  Sec. 5.     (1) A museum district may levy annual regular ad valorem property taxes of up to twenty-five cents per thousand dollars of assessed valuation for each  of six consecutive years when a ballot proposition authorizing the taxes is approved by a simple majority vote of district voters voting on the proposition.  If a museum district imposes a regular property tax which, in combination with the regular property taxes imposed by other taxing districts, will result in property taxes in excess of the limitation on regular property taxes contained in RCW 84.52.043, the regular property tax levy of the museum district shall be reduced or eliminated before the regular property tax levies of other taxing districts, including all of the fire protection district levies, are reduced.

          (2) A museum district may levy an ad valorem property tax, in excess of the one percent limitation, upon the property within the district for a one-year period to be used for operating or capital purposes whenever authorized by the voters of the district pursuant to RCW 84.52.052 and Article VII, section 2(a) of the state Constitution.

          (3) A museum district may provide for the retirement of voter approved general obligation bonds, issued for capital purposes only, by levying bond retirement ad valorem property tax levies, in excess of the one percent limitation, whenever authorized by the voters of the district pursuant to Article VII, section 2(b) of the state Constitution and RCW 84.52.056.

 

          NEW SECTION.  Sec. 6.     (1) To carry out the purpose of this chapter, a museum district may issue general obligation bonds, not to exceed an amount, together with other outstanding  general obligation indebtedness, equal to three-eighths of one percent of the value of taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015, when authorized by the voters of the museum district pursuant to Article VIII, section 6 of the state Constitution, and to provide for the retirement thereof by excess property tax levies as provided in section 5(3) of this act.  The museum district may submit a single proposition to the voters which, if approved, authorizes both the issuance of the bonds and the bond retirement property tax levies.

          (2) General obligation bonds with a maturity in excess of forty years shall not be issued.  The general obligation bonds shall be issued and sold in accordance with chapter 39.46 RCW.

 

          NEW SECTION.  Sec. 7.     A museum district may accept and expend or use gifts, grants, and donations.  Additionally, a museum district may impose charges and fees for the use of its facilities and services.

 

        Sec. 8.  Section 19, chapter 2, Laws of 1983 as amended by section 11, chapter 130, Laws of 1983 and by section 16, chapter 303, Laws of 1983 and by section 10, chapter 315, Laws of 1983 and RCW 84.52.052 are each reenacted and amended to read as follows:

          The limitations imposed by RCW 84.52.050 through 84.52.056, and RCW 84.52.043 shall not prevent the levy of additional taxes by any taxing district except school districts in which a larger levy is necessary in order to prevent the impairment of the obligation of contracts.  Any county, metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, intercounty rural library district, museum district, fire protection district, cemetery district, city, town, or cultural arts, stadium, and convention district may levy taxes at a rate in excess of the rate specified in RCW 84.52.050 through 84.52.056 and RCW 84.52.043, or RCW 84.55.010 through 84.55.050, when authorized so to do by the electors of such county, metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, intercounty rural library district, museum district, fire protection district, cemetery district, city, town, or cultural arts, stadium, and convention district in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 64 and as thereafter amended, at a special or general election to be held in the year in which the levy is made.

          A special election may be called and the time therefor fixed by the county legislative authority, or council, board of commissioners, or other governing body of any metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, intercounty rural library district, museum district, fire protection district, cemetery district, city, town, or cultural arts, stadium, and convention district, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no."

 

          NEW SECTION.  Sec. 9.     Sections 1 through 7 of this act constitute a new chapter in Title 27 RCW.