S-3436.1  _______________________________________________

 

                   SENATE JOINT RESOLUTION 8218

          _______________________________________________

 

State of Washington      54th Legislature 1995 1st Special Session

 

By Senators Swecker and Winsley

 

Read first time 05/22/95.  Referred to Committee on Ways & Means.

 

Amending the Constitution to limit property taxation.



    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 of the Constitution of the state of Washington; and an amendment to Article VII of the Constitution of the state of Washington by adding a new section 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)) 1.0 percent of the true and fair value of such property in money for taxes levied for collection in 1997 and before, 0.94 percent of the true and fair value of such property in money for taxes levied for collection in 1998, 0.88 percent of the true and fair value of such property in money for taxes levied for collection in 1999, 0.82 percent of the true and fair value of such property in money for taxes levied for collection in 2000, 0.76 percent of the true and fair value of such property in money for taxes levied for collection in 2001, 0.70 percent of the true and fair value of such property in money for taxes levied for collection in 2002, and 0.64 percent of the true and fair value of such property in money for taxes levied for collection in 2003 and thereafterProvided, 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.

 

    Article VII, section . . .  Notwithstanding the requirement for uniform taxes contained in section 1 of this Article, beginning with taxes due in 1997, the aggregate of all ad valorem property tax levies upon residential real property by the state and all taxing districts shall not increase by more than six percent per year, except upon sale or a change of ownership of the property.  In applying this limitation for any year, the taxes due in the previous year shall be the amount of taxes that could have been levied on the property if the assessed value of the property for taxes due in 1997 were equal to its true and fair value.

    This limit may be exceeded if approved by the voters.

    This limit shall not apply to the first levy on increases in value resulting from improvements made to property in the previous year.

    The legislature may place such other restrictions and conditions upon the applicability of the limitation under this section as it shall deem proper.

    This section does not apply to taxes that have been approved by the voters under section 2 of this Article.

 

    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 for limiting property taxation.  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.

    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.

 

 


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