HOUSE JOINT RESOLUTION 4242
State of Washington 52nd Legislature 1992 Regular Session
By Representatives Belcher, Fraser, G. Cole, Valle, Rust, Wineberry, H. Sommers, Paris, Pruitt, Basich, Brekke, Bray and O'Brien
Read first time 01/29/92. Referred to Committee on Capital Facilities & Financing.
BE IT RESOLVED, BY THE SENATE AND 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 IX, section 3 and an amendment to Article VII, section 2 of the Constitution of the state of Washington to read as follows:
Article IX, section 3. (1) The principal of the permanent common school fund as the same existed on June 30, 1965, and including any revenue dedicated to the fund from a state property tax shall remain permanent and irreducible.
said)) permanent common school fund shall consist of the
principal amount (( thereof existing on June 30, 1965)) under
subsection (1) of this section, and such additions thereto as may be
derived after June 30, 1965, from the following named sources, to wit:
Appropriations and donations by the state to this fund; donations and bequests
by individuals to the state or public for common schools; the proceeds of lands
and other property which revert to the state by escheat and forfeiture; the
proceeds of all property granted to the state when the purpose of the grant is
not specified, or is uncertain; funds accumulated in the treasury of the state
for the disbursement of which provision has not been made by law; the proceeds
of the sale of stone, minerals, or property other than timber and other crops
from school and state lands, other than those granted for specific purposes;
all moneys received from persons appropriating stone, minerals or property
other than timber and other crops from school and state lands other than those
granted for specific purposes, and all moneys other than rental recovered from
persons trespassing on said lands; five per centum of the proceeds of the sale
of public lands lying within the state, which shall be sold by the United
States subsequent to the admission of the state into the Union as approved by
section 13 of the act of congress enabling the admission of the state into the
Union; the principal of all funds arising from the sale of lands and other
property which have been, and hereafter may be granted to the state for the
support of common schools. The legislature may make further provisions for
enlarging said fund.
There is hereby established the common school construction fund to be used
exclusively for the purpose of financing the construction of facilities for the
common schools. The sources of said fund shall be: ((
Those proceeds derived from the sale or appropriation of timber and other crops
from school and state lands subsequent to June 30, 1965, other than those
granted for specific purposes; (( (2))) (b) the interest accruing
on said permanent common school fund from and after July 1, 1967, together with
all rentals and other revenues derived therefrom and from lands and other
property devoted to the permanent common school fund from and after July 1,
1967; and (( (3))) (c) such other sources as the legislature may
direct. That portion of the common school construction fund derived from
interest on the permanent common school fund may be used to retire (( such))
bonds (( as may be)) authorized by law prior to January 1, 1987,
for the purpose of financing the construction of facilities for the common
interest accruing on the permanent common school fund together with all rentals
and other revenues accruing thereto pursuant to (b) of this subsection
(2) of this section)) during the period after the effective date of
this amendment and prior to July 1, 1967, shall be exclusively applied to the
current use of the common schools.
(4) To the extent that the moneys in the common school construction fund are in excess of the amount necessary to allow fulfillment of the purpose of said fund, the excess shall be available for deposit to the credit of the permanent common school fund or available for the current use of the common schools, as the legislature may direct.
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 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 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 voting "yes" on the proposition shall constitute three‑fifths of a number equal to forty per centum of the total votes cast in such taxing district at the last preceding general election when the number of electors voting on the proposition does not exceed forty per centum of the total votes cast in such taxing district in the last preceding general election; or by a majority of at least three‑fifths of the electors thereof voting on the proposition to levy when the number of electors voting on the proposition exceeds forty percentum of the total votes cast 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 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 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 voting on the proposition shall constitute not less than forty per centum of the total number of votes cast 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;
(d) By the state for a property tax at a rate not to exceed thirty‑five cents per thousand dollars assessed valuation adjusted to the state equalized value, levied for a maximum of fifteen years and used exclusively for school construction purposes.
BE IT FURTHER RESOLVED, That the foregoing amendment shall be construed as a single amendment within the meaning of Article XXIII, section 1 of this Constitution.
The legislature finds that the changes contained in the foregoing amendment constitute a single integrated plan for funding common school capital projects. If the foregoing amendment is held to be separate amendments, this joint resolution shall be void in its entirety and shall be of no further force and effect; and
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.