1189-S AAS 4/14/99
SHB 1189 - S AMD S2700.3 - 357
By Senators Kohl-Wells, Kline, Hale, Long, Gardner and Patterson
ADOPTED AS AMENDED (FLR 396,398,399,402) - BILL FAILED 4/14/99
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 35.61 RCW to read as follows:
The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.
(1) "City" means both cities and towns, including code cities.
(2) "Ex officio board of park commissioners" means the board of park commissioners of a metropolitan park district, only including a city with a population of five hundred thousand or more within its boundaries, that is composed of only the members of a city legislative authority (including the elected mayor, if any, acting in the mayor's ordinary legislative capacity) acting ex officio and independently as provided under RCW 35.61.050(2).
(3) "Separately elected board of park commissioners" means a board of park commissioners of a metropolitan park district that is composed of five separately elected commissioners as provided under RCW 35.61.050(1) and 35.61.120(1).
(4) "Land or lands" refers to land, water, or air, or any of the rights therein or improvements thereon.
Sec. 2. RCW 35.61.020 and 1965 c 7 s 35.61.020 are each amended to read as follows:
(1)
A ballot proposition authorizing the creation of a metropolitan park district
shall be submitted by ordinance to the voters of a city with a population of at
least five thousand at any general election, or at any special election
which may be called for that purpose, ((or at any city election held in the
city in all of the various voting precincts thereof, the city council or
commission may,)) if the legislative authority of the city enacts such
an ordinance after adopting a resolution proposing creation of a metropolitan
park district or ((on)) if a petition ((of)) proposing
creation of a metropolitan park district is submitted to the county auditor
that has been signed by at least fifteen percent of the ((qualified
electors of the)) registered voters residing in the city ((based
upon the registration for the last preceding general city election, shall by
ordinance, submit to the voters of the city the proposition of creating a
metropolitan park district, the limits of which shall be)).
(2) If city voters approve the ballot proposition by a simple majority vote, a metropolitan park district shall be created that is coextensive with the limits of the city as now or hereafter established, inclusive of territory annexed to and forming a part of the city.
(3)
Territory by virtue of its annexation to any city having heretofore created a
park district shall be deemed to be ((within the limits of)) annexed
to the metropolitan park district.
((The
city council or commission shall submit the proposition at a special election
to be called therefor when the petition so requests.))
Sec. 3. RCW 35.61.030 and 1985 c 469 s 32 are each amended to read as follows:
((In
submitting the question to the voters for their approval or rejection, the city
council or commission shall pass an ordinance declaring its intention to submit
the proposition of creating a metropolitan park district to the qualified
voters of the city. The ordinance shall be published once a week for two
consecutive weeks in the official newspaper of the city, and the city council
or commission shall cause to be placed upon the ballot for the election, at the
proper place, the)) (1) The ballot proposition authorizing the creation
of a metropolitan park district that is submitted to voters for their approval
or rejection shall appear on the ballot of the next general election date
specified under RCW 29.13.020 occurring sixty or more days after the adoption
of the last resolution proposing the creation of the park district, or the date
the county auditor certifies that the petition proposing the creation of the
park district contains sufficient valid signatures.
(2)
The legislative authority of a city placing on the ballot a proposition ((which))
authorizing the creation of a metropolitan park district shall ((be
expressed in)), in the ordinance submitting the question to the voters,
choose and describe the composition of the initial metropolitan park district
commission that is proposed under RCW 35.61.050. The proposition shall include
the following terms:
G "For the formation of a metropolitan park district."
G "Against the formation of a metropolitan park district."
(3) No earlier than at the next special election occurring at least ninety days after the election resulting in the creation of the district under RCW 35.61.050(2), there shall be placed before the voters by the legislative authority a second, separate ballot proposition authorizing the property tax levy for the metropolitan park district. The property tax is authorized only if a majority of at least three-fifths of the registered voters approve the proposition authorizing the levy submitted at a general or special election, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percent of the total number of voters voting in such taxing district at the last preceding general election when the number of registered voters voting on the proposition does not exceed forty percent of the total number of voters voting in such taxing district in the last preceding general election. Included in this ballot proposition shall be the statement that (a) the revenues from the property tax may only be used to fund a zoo; and (b) a stipulation that the city will maintain at least its current funding for its zoo which may be measured by a set dollar amount, a dollar amount to be adjusted by the consumer price index, or a percentage of the general fund.
Sec. 4. RCW 35.61.050 and 1994 c 223 s 23 are each amended to read as follows:
(1)
Except as provided under subsection (2) of this section, five park
commissioners shall be elected at large as the initial members of the board of
park commissioners for the metropolitan park district at the same election
at which the ballot proposition is submitted to the voters as to whether
a metropolitan park district is to be formed((, five park commissioners
shall be elected)). The election of metropolitan park commissioners
shall be null and void if the metropolitan park district is not created.
Candidates shall run for specific commission positions. ((No)) A
primary shall not be held to nominate candidates. The person receiving
the greatest number of votes for each position shall be elected as a metropolitan
park commissioner. The staggering of the terms of office shall occur as
follows: (((1))) (a) The two persons who are elected receiving
the two greatest numbers of votes shall be elected to six-year terms of office
if the election is held in an odd-numbered year or five-year terms of office if
the election is held in an even-numbered year; (((2))) (b) the
two persons who are elected receiving the next two greatest numbers of votes
shall be elected to four-year terms of office if the election is held in an
odd-numbered year or three-year terms of office if the election is held in an
even-numbered year; and (((3))) (c) the other person who is
elected shall be elected to a two-year term of office if the election is held
in an odd-numbered year or a one-year term of office if the election is held in
an even-numbered year.
The initial metropolitan park commissioners shall take office immediately when they are elected and qualified, and for purposes of computing their terms of office the terms shall be assumed to commence on the first day of January in the year after they are elected. Thereafter, all commissioners shall be elected to six-year terms of office at general elections held in odd-numbered years.
All commissioners shall serve until their respective successors are elected and qualified and assume office in accordance with RCW 29.04.170. Vacancies shall occur and shall be filled as provided in chapter 42.12 RCW.
(2) The ballot proposition creating a new metropolitan park district that only consists of a city with a population of five hundred thousand or more may provide for the city's legislative authority (including the elected mayor, if any, acting in the mayor's ordinary legislative capacity) to act in an ex officio and independent capacity as the board of commissioners for the metropolitan park district. An election shall not be held to elect the initial metropolitan park district commissioners if such an option is taken.
Sec. 5. RCW 35.61.120 and 1965 c 7 s 35.61.120 are each amended to read as follows:
(1) The officers of a metropolitan park district shall be a board of park commissioners consisting of five members unless the board is composed as permitted under RCW 35.61.050(2). The board shall annually elect one of their number as president and another of their number as clerk of the board. The composition of a board under this subsection that was created before January 1, 1999, may not be altered once the metropolitan park district has been created.
(2) The composition of a board of metropolitan park district commissioners established as permitted under RCW 35.61.050(2) may be altered to a separately elected board of park commissioners once the metropolitan park district has been created only by a majority vote of the voters in the district, and then only if the potential for such an alteration was stated in the resolution or petition to create the district.
Sec. 6. RCW 35.61.130 and 1969 c 54 s 1 are each amended to read as follows:
(1)
Except as provided in subsection (2) of this section, a metropolitan park
district has the right of eminent domain, and may purchase, acquire, and
condemn lands lying within or without the boundaries of ((said)) the
park district, for public parks, parkways, boulevards, ((aviation landings))
and playgrounds, and may condemn such lands for any of the following
purposes: (a) To widen, alter, and extend streets, avenues,
boulevards, parkways, ((aviation landings)) and playgrounds((,));
(b) to alter, enlarge, and extend existing parks((,));
and (c) to acquire lands for the establishment of new parks, boulevards,
parkways, ((aviation landings)) and playgrounds.
(2) A metropolitan park district formed after January 1, 1999, has no power to condemn lands outside its boundaries.
(3)
The right of eminent domain shall be exercised and instituted pursuant to
resolution of the board of metropolitan park commissioners and conducted
in the same manner and under the same procedure as is or may be provided by law
for the exercise of the power of eminent domain by ((incorporated))
cities ((and towns)) of the state of Washington in the acquisition of
property rights((: PROVIDED,)). However, funds to
pay for condemnation allowed by this section shall be raised only as specified
in this chapter.
(4)
The board of metropolitan park commissioners ((shall have power to))
may employ counsel((,)) and ((to)) regulate, manage,
and control the parks, parkways, boulevards, streets, avenues, ((aviation
landings)) and playgrounds under its control((, and to)).
(5)
The board of metropolitan park commissioners may provide for park ((policemen))
police, for a secretary of the board of metropolitan park
commissioners, and for all necessary employees, ((to)) and
fix their salaries and duties. In a metropolitan park district governed
under RCW 35.61.050(2), the city's mayor shall serve ex officio as the chief
executive officer of the metropolitan park district unless otherwise provided
by the board of metropolitan park district commissioners.
(6)
The board of metropolitan park commissioners ((shall have power to))
may improve, acquire, extend and maintain, open, and lay out((,))
parks, parkways, boulevards, avenues, ((aviation landings)) and
playgrounds, within or without the metropolitan park district((, and
to)).
(7)
The board of metropolitan park commissioners may authorize, conduct,
and manage the letting of boats, or other amusement apparatus, the operation of
bath houses, the purchase and sale of foodstuffs or other merchandise, the
giving of vocal or instrumental concerts or other entertainments, the
establishment and maintenance of ((aviation landings and)) playgrounds,
and the provision, establishment, operation, maintenance, and improvement of
recreational facilities, all on property owned by itself or others. However,
the board of metropolitan park commissioners may not authorize, establish,
operate, maintain, or improve a sports stadium to be used for any professional
sport.
(8)
The board of metropolitan park commissioners may provide generally for
the management and conduct of such forms of recreation or business as it shall
judge desirable or beneficial for the public, or for the production of revenue
for expenditure for parks and recreation purposes((; and)).
(9)
The board of metropolitan park commissioners may pay out moneys for:
(a) The maintenance and improvement of any such public parks,
parkways, boulevards, avenues, ((aviation landings)) and playgrounds as
now exist, or the right to which may hereafter be acquired, within or
without the limits of ((said city and for)) the metropolitan park
district; (b) the purchase of lands within or without the limits of ((said
city)) the metropolitan park district, whenever it deems the
purchase to be for the benefit of the public and for the interest of the metropolitan
park district, and for the maintenance and improvement thereof; and ((for))
(c) all expenses incidental to its duties((: PROVIDED, That)).
However, all parks, boulevards, parkways, ((aviation landings)) and
playgrounds shall be subject to the police regulations of the city or county
within whose limits they lie.
Sec. 7. RCW 35.61.132 and 1989 c 319 s 4 are each amended to read as follows:
(1) An ex officio board of metropolitan park district commissioners is authorized, by unanimous board decision and with the approval of the legislative authority of the city within which it is located, to convey any or all of its real or personal property to that city.
(2) Except as set forth in subsection (3) of this section, every metropolitan park district may, by unanimous decision of its board of park commissioners, sell, exchange, or otherwise dispose of any real or personal property acquired for park or recreational purposes when such property is declared surplus for park or other recreational purposes: PROVIDED, That where the property is acquired by donation or dedication for park or recreational purposes, the consent of the donor or dedicator, his or her heirs, successors, or assigns is first obtained if the consent of the donor is required in the instrument conveying the property to the metropolitan park district. In the event the donor or dedicator, his or her heirs, successors, or assigns cannot be located after a reasonable search, the metropolitan park district may petition the superior court in the county where the property is located for approval of the sale. If sold, all sales shall be by public bids and sale made only to the highest and best bidder.
(3) In addition to the conditions contained in subsection (2) of this section, a metropolitan park district with an ex officio board of park commissioners shall not declare surplus its real property acquired for park or recreational purposes without first having offered to donate that property to the city within which it is located.
Sec. 8. RCW 35.61.150 and 1998 c 121 s 1 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, metropolitan park commissioners shall perform their duties and may provide, by resolution passed by the commissioners, for the payment of compensation to each of its commissioners at a rate of up to seventy dollars for each day or portion of a day devoted to the business of the district. However, the compensation for each commissioner must not exceed six thousand seven hundred twenty dollars per year. Any commissioner may waive all or any portion of his or her compensation payable under this subsection as to any month or months during his or her term of office, by a written waiver filed with the clerk of the board. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.
(2) Metropolitan park commissioners who serve in an ex officio capacity shall perform their duties as park commissioners without additional compensation.
Sec. 9. RCW 35.61.180 and 1987 c 203 s 1 are each amended to read as follows:
((The
county treasurer of the county within which all, or the major portion, of the
district lies shall be the ex officio treasurer of a metropolitan park
district, but shall receive no compensation other than his or her regular
salary for receiving and disbursing the funds of a metropolitan park district.))
(1) The treasurer of a metropolitan park district shall be the city
treasurer of the most populous city included in the district's boundaries. The
city treasurer, when acting as the treasurer of a metropolitan park district,
shall receive no compensation other than his or her regular salary for acting
as the treasurer of a metropolitan park district. The city treasurer may not
charge a greater amount for treasury services than permitted for the county
treasurer for similar services under RCW 36.29.020.
(2) The treasurer of a metropolitan park district with an ex officio board of park commissioners established under RCW 35.61.050(2) shall be the city treasurer. The city treasurer shall possess and may exercise all powers with respect to the metropolitan park district that are possessed by a county treasurer with respect to a county, other than the authority to collect property taxes. The city treasurer, when acting as the treasurer of a metropolitan park district, shall receive no compensation other than his or her regular salary for acting as the treasurer of the metropolitan park district. The city treasurer may not charge a greater amount for treasury services than permitted for the county treasurer for similar services under RCW 36.29.020.
(3)
Notwithstanding the provisions of subsection (1) of this section, a
metropolitan park district with a separately elected board of park
commissioners may designate someone other than the ((county)) city
treasurer who has experience in financial or fiscal affairs to act as the
district treasurer if the board has received the approval of the ((county))
city treasurer to designate this person. If the board of
metropolitan park commissioners designates someone other than the ((county))
city treasurer to act as the district treasurer, the board shall
purchase a bond from a surety company operating in the state that is sufficient
to protect the district from loss. A district treasurer so designated shall
possess all powers relating to the metropolitan park district that are
possessed by the city treasurer.
(4) Notwithstanding RCW 35.61.210, general taxes of the metropolitan park district shall be distributed to the treasurer of the metropolitan park district by the county treasurer as is done for cities.
Sec. 10. RCW 35.61.200 and 1983 c 167 s 56 are each amended to read as follows:
Any
coupons for the payment of interest on metropolitan park district bonds shall
be considered for all purposes as warrants drawn upon the metropolitan park
district fund against which the bonds were issued, and when presented after
maturity to the treasurer of the ((county having custody of the fund)) metropolitan
park district. If there are no funds in the treasury to pay the coupons,
the ((county)) metropolitan park district treasurer shall endorse
((said)) the coupons as presented for payment, in the same manner
as county warrants are endorsed, and thereafter the coupon shall bear interest
at the same rate as the bond to which it was attached. If there are no funds
in the treasury to make payment on a bond not having coupons, the interest
payment shall continue bearing interest at the bond rate until it is paid,
unless otherwise provided in the proceedings authorizing the sale of the bonds.
Sec. 11. RCW 35.61.250 and 1985 c 416 s 4 are each amended to read as follows:
(1)
The territory adjoining a metropolitan park district with a separately
elected board of park commissioners may be annexed to and become a part ((thereof
upon)) of the metropolitan park district under a petition and ((an))
election ((held pursuant thereto)) method of annexation. The
petition shall define the territory proposed to be annexed and must be signed
by twenty-five registered voters, resident within the territory proposed to be
annexed, unless the territory is within the limits of another city when it must
be signed by twenty percent of the registered voters residing within the
territory proposed to be annexed. The petition must be addressed to the board
of park commissioners requesting that the question be submitted to the legal
voters of the territory proposed to be annexed, whether they will be annexed
and become a part of the metropolitan park district.
(2) A metropolitan park district with an ex officio board of park commissioners as provided under RCW 35.61.050(2) may not annex territory under the provisions of RCW 35.61.250 through 35.61.280 and shall maintain boundaries identical with those of the city in which it is located, including any territory annexed by the city.
Sec. 12. RCW 35.61.290 and 1985 c 416 s 5 are each amended to read as follows:
(1)(a)
Except as set forth in (b) of this subsection, any city within or
comprising any metropolitan park district may turn over to the park district
any lands, facilities, equipment, or interests in any lands, facilities, or
equipment which it may own, or any street, avenue, or public place within
the city for playground, park or parkway purposes, and thereafter its control
and management shall vest in the board of metropolitan park
commissioners((: PROVIDED, That)). However, the police
regulations of ((such)) the city, or the county should the
premises be outside the city limits, shall apply to all such premises.
(b) A metropolitan park district created with an ex officio board of park commissioners shall never become the owner of a park that, at the time of creation of the district, was owned by the city in which the metropolitan park district was created. Additionally, the legislative authority of a city in which a metropolitan park district with an ex officio board of park commissioners is created may not contract with that district for overall management and operation of any city parks and recreation facilities or lease any city parks and recreation facilities to that district except for a zoo and an aquarium including related administrative and support facilities. For such contracts the city legislative authority must first hold a public hearing on the proposed lease or proposed management and operation by the metropolitan park district. At least ten days prior to the hearing, there shall be published a public notice setting forth the date, time, and place of the hearing, at least once in a local newspaper of general circulation. Notice of the hearing shall also be mailed or otherwise delivered to all who would be entitled to notice of a special meeting of the city legislative authority under RCW 42.30.080. The notice shall identify the parks and recreation facilities involved. The terms and conditions under which the city proposes to lease to the metropolitan park district or contract with the metropolitan park district for management and operation shall be available upon request from and after the date of publication of the hearing notice and at the hearing, but after the public hearing the city legislative authority may amend the proposed terms and conditions at open public meetings.
(2)
At any time that any such metropolitan park district is unable, through lack of
sufficient funds, to provide for the continuous operation, maintenance,
and improvement of the parks and playgrounds and other properties or facilities
owned by it or under its control, and the legislative body of any city within
or comprising such metropolitan park district shall determine that an emergency
exists requiring the financial aid of such city to be extended in order to
provide for such continuous operation, maintenance, and/or improvement
of parks, playgrounds facilities, other properties, and programs of such park
district within its limits, ((such)) the city may grant or loan
to ((such)) the metropolitan park district such of its available
funds, or such funds which it may lawfully procure and make available, as it
shall find necessary to provide for such continuous operation and maintenance
and, pursuant thereto, any ((such)) city and the board of park
commissioners of ((such)) the metropolitan park district are authorized
and empowered to enter into an agreement embodying such terms and conditions of
any such grant or loan as may be mutually agreed upon.
(3) The board of metropolitan park commissioners may accept public streets of the city and grounds for public purposes when donated for park, playground, boulevard and park purposes.
(((2)))
(4) Counties may turn over to ((the)) a metropolitan park
district any park and recreation lands and parks and recreation facilities
and equipment or interests in any lands, facilities, or equipment that
they own, and the board of metropolitan park commissioners may accept such
lands and equipment or interests in any lands, facilities, or equipment.
NEW SECTION. Sec. 13. A new section is added to chapter 35.61 RCW to read as follows:
(1)(a) A metropolitan park district governed under RCW 35.61.050(2) may contract with a nonprofit corporation or other public organization, including the city whose voters created the district, for the overall management and operation of any parks and recreation facilities, including a zoo and an aquarium for which the district has a management and operations contract under RCW 35.61.290(1)(b). No such contract for the overall management and operation of any parks and recreation facilities by a nonprofit corporation or other public organization shall have an initial term or any renewal term longer than thirty years but may be renewed by the ex officio board of park commissioners upon the expiration of an initial or any renewal term.
(b) A metropolitan park district governed under RCW 35.61.050(2) may, however, grant and may authorize the managing and operating entity to grant to any nonprofit corporation or other public or private organization franchises or concessions that further the public use and enjoyment of parks and recreation facilities, and may contract and may authorize the managing and operating entity to contract with any public or private organization for such specific services as are routinely so procured by the city whose voters created the district.
(2) Before approving each initial and any renewal contract with a nonprofit corporation for the overall management and operation of any parks and recreation facilities, the ex officio board of metropolitan park commissioners shall hold a public hearing on the proposed management and operation by such a nonprofit corporation. At least ten days prior to the hearing, there shall be published a public notice setting forth the date, time, and place of the hearing, at least once in a local newspaper of general circulation. Notice of the hearing shall also be mailed or otherwise delivered to all who would be entitled to notice of a special meeting of the board under RCW 42.30.080. The notice shall identify the parks and recreation facilities involved and the nonprofit corporation proposed for management and operation under contract with the metropolitan park district. The terms and conditions under which the metropolitan park district proposes to contract with the nonprofit corporation for management and operation shall be available upon request from and after the date of publication of the hearing notice and at the hearing, but after the public hearing the board of metropolitan park commissioners may amend the proposed terms and conditions at open public meetings.
(3) A metropolitan park district governed under RCW 35.61.050(2) shall contract with the city whose voters created the district to carry out all of the metropolitan park district's management and operations except for the management and operation of parks and recreation facilities for which the metropolitan park district has a contract with another public agency or a nonprofit corporation under subsection (1) or (2) of this section. The contract with the city may provide for its termination if the metropolitan park district commissioners approve a contract with another entity under subsection (1) or (2) of this section.
(4) The nonprofit corporation or other public organization with responsibility for overall management or operation of any parks and recreation facilities may in carrying out that responsibility manage and supervise employees of the metropolitan park district governed under RCW 35.61.050(2) and may hire, fire, and otherwise discipline those employees. A civil service established under RCW 35.61.140 may include such management and supervision by persons not employed by the metropolitan park district.
NEW SECTION. Sec. 14. A new section is added to chapter 35.61 RCW to read as follows:
(1) Notwithstanding any provisions to the contrary contained in a city charter, and to the extent provided by the city under an appropriate legislative enactment, some or all employees of a metropolitan park district with an ex officio board of park commissioners may be included in the retirement plan of a city that shares territory with the metropolitan park district if they were previously employed by the city and were members of its retirement plan. The city and metropolitan park district are each authorized to pay the parts of the expense of operating and maintaining the retirement system and to contribute to the retirement fund on behalf of employees those sums as may be agreed upon between the legislative authorities of the city and the metropolitan park district, but a proportionate share of system expenses must be borne by or on behalf of the metropolitan park district employees.
(2) In a metropolitan park district with an ex officio board of park commissioners, neither the chief executive officer nor officers chiefly responsible for operating a facility or program, as designated by the board of metropolitan park commissioners, shall be members of the civil service that may be established under RCW 35.61.140.
Sec. 15. RCW 84.52.010 and 1995 2nd sp.s. c 13 s 4 are each amended to read as follows:
Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts.
The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively.
When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner:
(1)
The full certified rates of tax levy for state, county, county road district, and
city or town purposes shall be extended on the tax rolls in amounts not
exceeding the limitations established by law; however any state levy shall take
precedence over all other levies and shall not be reduced for any purpose other
than that required by RCW 84.55.010. If, as a result of the levies imposed
under RCW 84.52.069, 84.34.230, the portion of the levy by a metropolitan park
district that was protected under RCW 84.52.120, and 84.52.105, the combined
rate of regular property tax levies that are subject to the one percent
limitation exceeds one percent of the true and fair value of any property, then
these levies shall be reduced as follows: (a) The portion of the levy by a
metropolitan park district that is protected under RCW 84.52.120 shall be
reduced until the combined rate no longer exceeds one percent of the true and
fair value of any property or shall be eliminated; (b) if the combined rate
of regular property tax levies subject to the one percent limitation in a
county containing a metropolitan park district governed under RCW 35.61.050(2)
still exceeds one percent of the true and fair value of any property, then the
remaining levy for that metropolitan park district shall be reduced until the
combined rate no longer exceeds one percent or shall be eliminated; (c) if
the combined rate of regular property tax levies that are subject to the one
percent limitation still exceeds one percent of the true and fair value of any
property, then the levies imposed under RCW 84.34.230, 84.52.105, and any
portion of the levy imposed under RCW 84.52.069 that is in excess of thirty
cents per thousand dollars of assessed value, shall be reduced on a pro rata
basis until the combined rate no longer exceeds one percent of the true and
fair value of any property or shall be eliminated; and (((c))) (d)
if the combined rate of regular property tax levies that are subject to the one
percent limitation still exceeds one percent of the true and fair value of any
property, then the thirty cents per thousand dollars of assessed value of tax
levy imposed under RCW 84.52.069 shall be reduced until the combined rate no
longer exceeds one percent of the true and fair value of any property or
eliminated.
(2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations:
(a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, and 67.38.130 shall be reduced on a pro rata basis or eliminated;
(b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated;
(c) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts created before January 1, 1999, and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a pro rata basis or eliminated;
(d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and 52.16.160 shall be reduced on a pro rata basis or eliminated; and
(e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130, library districts, metropolitan park districts created before January 1, 1999, under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated.
In determining whether the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.050, exceeds the limitations provided in that section, the assessor shall use the hypothetical state levy, as apportioned to the county under RCW 84.48.080, that was computed under RCW 84.48.080 without regard to the reduction under RCW 84.55.012.
NEW SECTION. Sec. 16. A new section is added to chapter 35.61 RCW to read as follows:
Notwithstanding any other provision of this chapter, but without eliminating or overriding the requirements for unanimous board action and consent contained in RCW 35.61.132 for the disposition of property, the voters of a metropolitan park district governed under RCW 35.61.050(2) shall have the power, within the scope of the functions of such a metropolitan park district, to initiate and refer to themselves legislation to the same extent and on the same matters as do the voters of the city with which the metropolitan park district shares its boundaries. These powers of initiative and referendum shall be exercised in the same manner and with the same effect as permitted for the voters of that city.
NEW SECTION. Sec. 17. Nothing in this act shall be construed to affect any terms, conditions, or practices contained in a collective bargaining agreement in effect on the effective date of this act."
SHB 1189 - S AMD - 357
By Senators Kohl-Wells, Kline, Hale, Long, Gardner and Patterson
ADOPTED AS AMENDED (FLR 402) BILL FAILED 4/14/99
On page 1, line 1 of the title, after "districts;" strike the remainder of the title and insert "amending RCW 35.61.020, 35.61.030, 35.61.050, 35.61.120, 35.61.130, 35.61.132, 35.61.150, 35.61.180, 35.61.200, 35.61.250, 35.61.290, and 84.52.010; adding new sections to chapter 35.61 RCW; and creating a new section."
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