H-0429

AN ACT Relating to port districts; amending RCW 53.36.020, 53.36.100, and 53.06.030; adding new section to chapter 53.12 RCW; and adding a new section to chapter 43.09 RCW.

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

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

(1) A port district with a population of less than one hundred thousand may raise revenue by levy of an annual tax not to exceed forty-five 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 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.

(2) A port district with a population of one hundred thousand or more may impose property tax levies under this section only if a ballot proposition authorizing the imposition of such levies for either one or two years has been approved by a simple majority vote of the port district voters voting on the proposition. However, a port district with a population of one hundred thousand or more may continue imposing property tax levies under this section without obtaining voter approval, but only to the extent necessary to avoid the impairment of the obligation to make redemption payments on general obligation bonds issued prior to the effective date of this act.

Sec. 2. 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 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 with a population of less than one hundred thousand 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.

A port district with a population of one hundred thousand or more may impose a tax levy under this section only if a ballot proposition authorizing the imposition of such a levy is approved by a simple majority vote of the voters of the port district voting on the proposition. The ballot proposition may authorize such a port district to impose a tax levy for either one or two years, out of the maximum number of twelve years. A port district with a population of one hundred thousand or more, that imposed a tax levy under this section for collection in 1991 and which has imposed a levy under this section for less than twelve years, may continue imposing tax levies under this section for the remainder of the twelve-year period, but only to the extent necessary to avoid the impairment of the obligation to make redemption payments on general obligation bonds issued prior to the effective date of this act.

NEW SECTION. Sec. 3. A new section is added to chapter 53.12 RCW to read as follows:

(1) The voters of any port district are granted the powers of initiative and referendum on the imposition of property taxes by the port district, issuance of nonvoter-approved general obligation bonds by the port district, and adoption or amendment of plans for the port district, including, but not limited to, a comprehensive scheme of harbor improvements, a general plan of harbor improvements, and a general plan of industrial development.

(2) An initiative measure proposing the adoption of a resolution or other official action of a port commission may be submitted to the voters of the port district by filing with the county auditor of the county in which the port district is located a petition that proposes the measure and that has been signed by voters of the port district equal in number to at least eight percent of the number of voters of the port district who voted at the last state general election. Each initiative petition shall identify the port district to which the initiative measure is submitted, set forth the text of the proposed measure, and shall include space for the name, signature, and address of each voter who signs the petition.

The county auditor shall verify the signatures on the initiative petition and certify its sufficiency within fourteen days of its filing. If the number of valid signatures is sufficient, the county auditor shall certify the sufficiency of the petition and submit the proposed measure to the voters of the port district at the next state general election occurring at least ninety days after its submittal, unless the port commission adopts the proposed measure in full and without change. Approval of the proposed measure shall be by simple majority vote of the voters of the port district who vote on the measure.

The port commission may submit an alternative measure to the voters for their approval or rejection. When an alternative measure is submitted, the ballots shall be printed in the same manner that conflicting state measures are submitted to the voters under Article II, section 1(a) of the state Constitution.

(3) A referendum measure proposing the referral of a resolution or other official action of a port commission, or any portion thereof, may be submitted to the voters of the port district by filing with the county auditor of the county in which the port district is located a petition that proposes the referendum and that has been signed by voters of the port district equal in number to at least six percent of the number of voters of the port district who voted at the last state general election. Each referendum petition shall identify the port district to which the referendum measure is submitted, set forth the text of the resolution or other official action, or part thereof, that is sought to be subjected to referendum action, and shall include space for the name, signature, and address of each voter who signs the petition. A referendum petition must be submitted to the county auditor within twenty-five days of the date the resolution or other official action was adopted by the port commission. However, a resolution or other official action of a port commission, or portion thereof, shall not be subject to such referendum action if the resolution or other official action is necessary for the immediate preservation of public peace, health, and safety or for the support of the port district, contains a statement of urgency, and is passed by unanimous action of the port commission.

The county auditor shall verify the signatures on the referendum petition and certify its sufficiency within fourteen days of its filing. Upon the filing of a referendum petition, the resolution or other official action, or portion thereof, sought to be referred to voters shall be suspended until the county auditor certifies that the petitions do not have sufficient valid signatures or until the voters have approved the measure that is subjected to referendum action, or portion thereof. If the petition is certified as having sufficient valid signatures, the measure shall be referred to the voters of the port district for their approval or rejection at the next state general election occurring at least ninety days after the day of its submittal, unless the port commission repeals the resolution or other official action, or portion thereof. Approval of a resolution or other official action, or portion thereof, that is referred to the voters shall be by simple majority vote of the voters of the port district voting on the measure.

NEW SECTION. Sec. 4. A new section is added to chapter 53.12 RCW to read as follows:

In lieu of per diem compensation authorized under RCW 53.12.260, a board of commissioners of a port district may adopt a resolution providing each commissioner with a salary of not to exceed one thousand dollars per month if the port district received nontax operating revenues of at least forty million dollars in the calendar year preceding the payment of the monthly salary.

Sec. 5. RCW 53.06.030 and 1989 c 425 s 4 are each amended to read as follows:

The port district commissions in this state are empowered to designate the Washington public ports association as a coordinating agency through which the duties imposed by RCW 53.06.020 may be performed, harmonized or correlated. The purposes of the Washington public ports association shall be:

(1) To initiate and carry on the necessary studies, investigations and surveys required for the proper development and improvement of the commerce and business generally common to all port districts, and to assemble and analyze the data thus obtained and to cooperate with the state of Washington, port districts both within and without the state of Washington, and other operators of terminal and transportation facilities for this purpose, and to make such expenditures as are necessary for these purposes, including the proper promotion and advertising of all such properties, utilities and facilities;

(2) To establish coordinating and joint marketing bodies comprised of association members, including but not limited to establishment of a federation of Washington ports as described in RCW 53.06.070, as may be necessary to provide effective and efficient marketing of the state's trade, tourism, and travel resources;

(3) To exchange information relative to port construction, maintenance, operation, administration and management;

(4) To promote and encourage port development along sound economic lines;

(5) To promote and encourage the development of transportation, commerce and industry;

(6) To operate as a clearing house for information, public relations and liaison for the port districts of the state and to serve as a channel for cooperation among the various port districts and for the assembly and presentation of information relating to the needs and requirements of port districts to the public; and

(7) To publish annually a summary of port district finances showing for each port district, among other items, the amount of property tax collections and the percentage of total income that the property tax collections constitute, and to distribute these summaries to the legislature and interested citizens.

NEW SECTION. Sec. 6. A new section is added to chapter 43.09 RCW to read as follows:

The system of accounting and reporting for port districts shall treat all property tax receipts as a discrete category or categories of nonoperating income.