S-980                 _______________________________________________

                                                   SENATE BILL NO. 3909

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Gaspard and Bender

Read first time 2/8/85 and referred to Committee on Education.

AN ACT Relating to certain elections; amending RCW 84.52.056; adding a new section to chapter 29.64 RCW; and providing a contingent effective date.

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

        Sec. 1.  Section 84.52.056, chapter 15, Laws of 1961 as last amended by section 104, chapter 195, Laws of 1973 1st ex. sess. and RCW 84.52.056 are each amended to read as follows:

          Any municipal corporation otherwise authorized by law to issue general obligation bonds for capital purposes may, at an election duly held after giving notice thereof as required by law, authorize the issuance of general obligation bonds for capital purposes only, which shall not include the replacement of equipment, and provide for the payment of the principal and interest of such bonds by annual levies in excess of the tax limitations contained in RCW 84.52.050 to 84.52.056, inclusive and RCW 84.52.043.  Such an election shall not be held oftener than twice a calendar year, and the proposition to issue any such bonds and to exceed said tax limitation must receive the affirmative vote of a three-fifths majority of those voting on the proposition and the total number of persons voting at such election must constitute not less than forty percent of the voters in said municipal corporation who voted at the last preceding general state election:  PROVIDED, That the only requirement under this section to authorize a proposition to levy an additional tax for the common schools is that three-fifths of the electors voting on the proposition in the election vote "yes".

          Any taxing district shall have the right by vote of its governing body to refund any general obligation bonds of said district issued for capital purposes only, and to provide for the interest thereon and amortization thereof by annual levies in excess of the tax limitations provided for in RCW 84.52.050 to 84.52.056, inclusive and RCW 84.52.043.

NEW SECTION. Sec. 2.  A new section is added to chapter 29.64 RCW to read as follows:

          When the official canvass of returns at any school district election reveals that a measure to levy taxes for school districts under chapter 84.52 RCW passed or failed due to a number of votes equal to one-half of one percent of the total number of votes cast on such measure, the county auditor shall direct that a recount of all votes cast on such measure be made on such measure in the manner provided in RCW 29.64.030 and 29.64.040, and the cost of such recount shall be at county expense.

NEW SECTION. Sec. 3.     Section 1 of this act shall take effect on January 1, 1985, if the proposed amendment to Article VII, section 2, of the state Constitution which eliminates the forty percent voter turnout requirement for excess school district levies, SJR No. ___, is validly submitted and is approved and ratified by the voters at a general election held in November, 1985.  If the proposed amendment is not so approved and ratified, this act shall be null and void in its entirety.