H-3652.1 _______________________________________________
HOUSE JOINT RESOLUTION 4217
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State of Washington 54th Legislature 1996 Regular Session
By Representatives Huff, Brumsickle, B. Thomas, Radcliff, Wolfe, L. Thomas, Ogden, Conway, Cody, Veloria, Carlson, Mason, Patterson, Keiser, Murray and Quall
Read first time 01/09/96. Referred to Committee on Education.
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 VII, section 2; and an amendment to Article VIII, section 6 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 initial 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)) number
of 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 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: PROVIDED FURTHER, That a proposition
under this subsection to levy an additional tax for a school district shall be
authorized only at a general election by a majority of the voters voting on the
proposition;
(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((,)): PROVIDED FURTHER, That a proposition by a school
district to issue bonds, and to pay the principal and interest on the bonds by
an annual tax levy during the term of the bonds in excess of the limitation
provided in this section, shall be authorized only at a general election by a
majority of the voters voting on the proposition: 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.
Article VIII, section 6. No county, city, town, school district, or other municipal
corporation shall for any purpose become indebted in any manner to an amount
exceeding one and one‑half ((per centum)) percent of the taxable
property in such county, city, town, school district, or other municipal
corporation, without the assent of three‑fifths of the voters therein
voting at an election to be held for that purpose, nor in cases requiring such
assent shall the total indebtedness at any time exceed five ((per centum))
percent on the value of the taxable property therein, to be ascertained
by the last assessment for state and county purposes previous to the incurring
of such indebtedness, except that in incorporated cities the assessment shall
be taken from the last assessment for city purposes: PROVIDED, That the
assent necessary to authorize a school district to incur such debt shall be a
majority of the voters voting on the proposition at a general election:
PROVIDED FURTHER, That no part of the indebtedness allowed in this section
shall be incurred for any purpose other than strictly county, city, town,
school district, or other municipal purposes: PROVIDED FURTHER, That (a) any
city or town, with such assent, may be allowed to become indebted to a larger
amount, but not exceeding five ((per centum)) percent additional
for supplying such city or town with water, artificial light, and sewers, when
the works for supplying such water, light, and sewers shall be owned and controlled
by the municipality and (b) any school district with such assent, may be
allowed to become indebted to a larger amount but not exceeding five ((per
centum)) percent additional for capital outlays.
BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of the foregoing constitutional amendment to be published at least four weeks next preceding the election in every legal newspaper in the state.
BE IT FURTHER RESOLVED, That the foregoing amendment shall be construed as a single amendment within the meaning of Article XXIII, section 1 of the state Constitution.
The legislature finds that the changes contained in the foregoing amendment constitute a single integrated plan providing for a simple majority of voters voting at a general election to authorize school district levies and bonds. 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.
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