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                       ENGROSSED SUBSTITUTE HOUSE BILL 1932

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State of Washington              52nd Legislature             1991 Regular Session

By House Committee on Education (originally sponsored by Representatives Locke, Appelwick, H. Sommers, Wineberry, Anderson, Ferguson, Brough, May, Paris, Mitchell, Phillips, O'Brien, Nelson, Forner and Jacobsen).

Read first time March 6, 1991.  Raising school levy limits.

     AN ACT Relating to excess levies by school districts; amending RCW 84.52.0531; and creating a new section.

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

     Sec. 1.  RCW 84.52.0531 and 1990 c 33 s 601 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 1991, the maximum dollar amount shall be calculated pursuant to the laws and rules in effect in November 1990.

(2) For the purpose of this section, the basic education allocation shall be determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350:  PROVIDED, That when determining the basic education allocation under subsection (4) of this section, nonresident full time equivalent pupils who are participating in a program provided for in chapter 28A.545 RCW or in any other program pursuant to an interdistrict agreement shall be included in the enrollment of the resident district and excluded from the enrollment of the serving district.

     (((2) For the purposes of subsection (5) of this section, a base year levy percentage shall be established.  The base year levy percentage shall be equal to the greater of:  (a) The district's actual levy percentage for calendar year 1985, (b) the average levy percentage for all school district levies in the state in calendar year 1985, or (c) the average levy percentage for all school district levies in the educational service district of the district in calendar year 1985.))

     (3) For excess levies for collection in calendar year ((1988)) 1992 and thereafter, the maximum dollar amount shall be the ((total of)) sum of (a) and (b) of this subsection minus (c) of this subsection:

     (a) The district's levy base as defined in subsection (4) of this section multiplied by the district's maximum levy percentage as defined in subsection((s)) (5) ((and (6))) of this section; ((plus))

     (b) In the case of nonhigh school districts only, an amount equal to the total estimated amount due by the nonhigh school district to high school districts pursuant to chapter 28A.545 RCW for the school year during which collection of the levy is to commence, less the increase in the nonhigh school district's basic education allocation as computed pursuant to subsection (1) of this section due to the inclusion of pupils participating in a program provided for in chapter 28A.545 RCW in such computation; ((less))

     (c) The maximum amount of state matching funds under RCW 28A.500.010 for which the district is eligible in that tax collection year.

     (4) For excess levies for collection in calendar year ((1988)) 1992 and thereafter, a district's levy base shall be the sum of ((the following)) allocations in (a) through (c) of this subsection received by the district for the prior school year, including allocations for compensation increases, ((adjusted)) plus the sum of such allocations multiplied by the percent increase per full time equivalent student in the state basic education appropriation 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) Handicapped 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) State-wide 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.

     (5) ((For levies to be collected in calendar year 1988, a district's maximum levy percentage shall be determined as follows:

     (a) Multiply the district's base year levy percentage as defined in subsection (2) of this section by the district's levy base as determined in subsection (4) of this section;

     (b) Reduce the amount in (a) of this subsection by the total estimated amount of any levy reduction funds as defined in subsection (7) of this section which are to be allocated to the district for the 1987-88 school year;

     (c) Divide the amount in (b) of this subsection by the district's levy base to compute a new percentage; and

     (d) The percentage in (c) of this subsection or twenty percent, whichever is greater, shall be the district's maximum levy percentage for levies collected in calendar year 1988.

     (6))) For excess levies for collection in calendar year ((1989)) 1992 and thereafter, a district's maximum levy percentage shall be determined as follows:

     (a) Multiply the district's maximum levy percentage for the prior year ((or thirty percent, whichever is less,)) by the district's levy base as determined in subsection (4) of this section;

     (b) Reduce the amount in (a) of this subsection by the total estimated amount of any levy reduction funds as defined in subsection (((7))) (6) of this section which are to be allocated to the district for the current school year;

     (c) Divide the amount in (b) of this subsection by the district's levy base to compute a new percentage; and

     (d) The percentage in (c) of this subsection or twenty percent, whichever is greater, shall be the district's maximum levy percentage for levies collected in that calendar year.

     (((7))) (6) "Levy reduction funds" shall mean increases in state funds from the prior school year for programs included under subsection (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.

     (((8))) (7) For the purposes of this section, "prior school year" shall mean the most recent school year completed prior to the year in which the levies are to be collected.

     (((9))) (8) For the purposes of this section, "current school year" shall mean the year immediately following the prior school year.

     (((10))) (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.

NEW SECTION. Sec. 2.      If by June 30, 1991, the omnibus operating budget appropriations act for the 1991-93 biennium does not provide specific funding for this act, referencing this act by bill number, this act is null and void.