H-0790.1          _______________________________________________

                            HOUSE JOINT RESOLUTION 4209

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Representatives Winsley, Nelson, Ferguson, Franklin, Ballard, Mitchell, Dorn, Paris, Wilson, Nealey and Schmidt.

Read first time January 25, 1991.  Referred to Committee on Local Government.

Proposing a constitutional amendment authorizing fire districts to submit a single ballot proposition to impose excess levies for either a single year or for two years.

     BE IT RESOLVED, BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON, IN LEGISLATIVE SESSION ASSEMBLED:

     THAT, At the next general election to be held in this state there shall be submitted to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article VII, section 2 of the Constitution of the state of Washington to read as follows:

     Article VII, section 2.  Except as hereinafter provided and notwithstanding any other provision of this Constitution, the aggregate of all tax levies upon real and personal property by the state and all taxing districts now existing or hereafter created, shall not in any year exceed one ((per centum)) percent of the true and fair value of such property in money:  PROVIDED, HOWEVER, That nothing herein shall prevent levies at the rates now provided by law by or for any port or public utility district.  The term "taxing district" for the purposes of this section shall mean any political subdivision, municipal corporation, district, or other governmental agency authorized by law to levy, or have levied for it, ad valorem taxes on property, other than a port or public utility district.  Such aggregate limitation or any specific limitation imposed by law in conformity therewith may be exceeded only

     (a)  By any taxing district when specifically authorized so to do by a majority of at least three‑fifths of the ((electors)) voters thereof voting on the proposition to levy such additional tax submitted not more than twelve months prior to the date on which the proposed levy is to be made and not oftener than twice in such twelve month period, either at a special election or at the regular election of such taxing district, at which election the number of ((persons)) voters voting "yes" on the proposition shall constitute three‑fifths of a number equal to forty ((per centum)) percent of the total ((votes cast)) voters voting in such taxing district at the last preceding general election when the number of ((electors)) voters voting on the proposition does not exceed forty ((per centum)) percent of the total ((votes cast)) number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three‑fifths of the ((electors)) voters thereof voting on the proposition to levy when the number of ((electors)) voters voting on the proposition exceeds forty ((percentum)) percent of the total ((votes cast)) number of voters voting in such taxing district in the last preceding general election:  PROVIDED, That notwithstanding any other provision of this Constitution, any proposition pursuant to this subsection to levy additional tax for the support of a fire protection district or the common schools may provide such support for a two year period and any proposition to levy an additional tax to support the construction, modernization, or remodelling of school facilities may provide such support for a period not exceeding six years;

     (b)  By any taxing district otherwise authorized by law to issue general obligation bonds for capital purposes, for the sole purpose of making the required payments of principal and interest on general obligation bonds issued solely for capital purposes, other than the replacement of equipment, when authorized so to do by majority of at least three‑fifths of the ((electors)) voters thereof voting on the proposition to issue such bonds and to pay the principal and interest thereon by an annual tax levy in excess of the limitation herein provided during the term of such bonds, submitted not oftener than twice in any calendar year, at an election held in the manner provided by law for bond elections in such taxing district, at which election the total number of ((persons)) voters voting on the proposition shall constitute not less than forty ((per centum)) percent of the total number of ((votes cast)) voters voting in such taxing district at the last preceding general election:  PROVIDED, That any such 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 limitation provided for herein, AND PROVIDED FURTHER, That the provisions of this section shall also be subject to the limitations contained in Article VIII, Section 6, of this Constitution;

     (c)  By the state or any taxing district for the purpose of paying the principal or interest on general obligation bonds outstanding on December 6, 1934; or for the purpose of preventing the impairment of the obligation of a contract when ordered so to do by a court of last resort.

     BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of the foregoing constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.