S-1184

AN ACT Relating to the funding of community colleges; amending RCW 84.52.052; adding new sections to chapter 28B.50 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature has authorized counties to create county road districts in the unincorporated areas of the county and has authorized the county to levy a regular property tax levy in the district for roads. In addition, the legislature has authorized counties to form service districts for road improvements and authorized voter-approved excess levies by the service district for this purpose. Because this system has worked so well for the construction and maintenance of roads in these districts and since community college districts are analogous to road service districts, the legislature intends to authorize community college districts to levy excess levies in the same manner as road service districts.

NEW SECTION. Sec. 2. A new section is added to chapter 28B.50 RCW to read as follows:

(1) A community college district is a municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.

(2) A community college district may levy an ad valorem property tax, in excess of the one percent limitation, upon the property within the district for a one-year period to be used for the acquisition of supplies, equipment, and library books and materials for the community college district whenever authorized by the voters of the district pursuant to Article VII, section 2(a) of the state Constitution and RCW 84.52.052.

(3) A community college district may provide for the retirement of voter approved general obligation bonds, issued for capital purposes only, by levying bond retirement ad valorem property tax levies, in excess of the one percent limitation, whenever authorized by the voters of the district pursuant to Article VII, section 2(b) of the state Constitution and RCW 84.52.056.

(4) Approval of any levy under this section shall constitute ratification of the community college district boundaries and board of trustees by the voters of the district.

NEW SECTION. Sec. 3. A new section is added to chapter 28B.50 RCW to read as follows:

A community college district may issue general obligation bonds for capital purposes only not to exceed an amount equal to two and one-half percent of the value of the taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015, when authorized by the voters of the community college district pursuant to Article VIII, section 6 of the state Constitution, and to provide for the retirement thereof by excess property tax levies as provided in section 2(3) of this act. The community college may submit a single proposition to the voters which, if approved, authorizes both the issuance of the bonds and the bond retirement property tax levies.

Sec. 4. RCW 84.52.052 and 1989 c 53 s 4 are each amended to read as follows:

The limitations imposed by RCW 84.52.050 through 84.52.056, and RCW 84.52.043 shall not prevent the levy of additional taxes by any taxing district except school districts in which a larger levy is necessary in order to prevent the impairment of the obligation of contracts. Any county, community college district, metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, intercounty rural library district, fire protection district, cemetery district, transportation benefit district, city, town, or cultural arts, stadium, ((~~transportation benefit district,~~)) and convention district may levy taxes at a rate in excess of the rate specified in RCW 84.52.050 through 84.52.056 and 84.52.043, or RCW 84.55.010 through 84.55.050, when authorized so to do by the electors of such ((county, metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, intercounty rural library district, fire protection district, cemetery district, city, town, or cultural arts, stadium, transportation benefit district, and convention)) taxing district in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 64 and as thereafter amended, at a special or general election to be held in the year in which the levy is made.

A special election may be called and the time therefor fixed by the county legislative authority, or council, board of commissioners, community college board of trustees, or other governing body of any metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, intercounty rural library district, fire protection district, cemetery district, transportation benefit district, city, town, or cultural arts, stadium, and convention district, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no."