6566-S AAS 2/15/00

SSB 6566 - S AMD - 139 - S4804.1

By Senators Horn, Kohl-Welles, Patterson and Hale

           ADOPTED AS AMENDED by #186 & #188; 2/15/00; BILL FAILED

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  (1) For the purpose of acquisition, construction, remodeling, equipping, repairing, maintaining, and operating a public zoo, aquarium, other parks, and open space, the legislative authority of a city with a population of over one hundred fifty thousand that is not in a metropolitan park district may, subject to section 2 of this act, levy an annual regular property tax not exceeding fifty cents per thousand dollars of assessed valuation in the city.

    (2) The levy under this section is in addition to the levy of a city under RCW 84.52.043 and 41.16.060.

    (3) The limitation in RCW 84.55.010 does not apply to the first levy imposed under this section.

    (4) Proceeds of the taxes levied under this section may not be applied to the payment of principal of or interest on bonds with maturities greater than ten years.

NEW SECTION. Sec. 2.  (1) A city shall have no authority to levy taxes under section 1 of this act until that power is activated by vote of the city's voters at a regular election or a special election called for that purpose.  The ballot proposition whether to activate the city's regular taxing power under this act shall propose an initial regular tax rate or amount and shall also propose a maximum regular tax rate or amount.  If the voters approve a regular tax rate or amount, that approval shall serve as the voter approval required by Initiative Measure No. 695 for all increases in general regular taxes under this act up to the maximum approved tax rate or amount.

    (2) Any city placing on the ballot a proposition to authorize the levy of taxes under this act shall, in the ballot ordinance, agree to continue, for so long as the city levies general taxes under this act, to appropriate annually for park and recreation purposes, from sources other than general taxes levied under this act, at least the same dollar amount the city appropriated for park and recreation purposes in the last annual budget adopted before the effective date of this act.

NEW SECTION. Sec. 3.  In the ordinance placing on the ballot the proposition called for by section 2 of this act, the city legislative authority shall specify the minimum or maximum shares, as percentages or dollar amounts or both, of revenue from taxes under section 1 of this act that shall, annually or cumulatively, be devoted during the first ten years those taxes are collected to each of the following:  (1) A public zoo, (2) a public aquarium, and (3) other parks and open space.

NEW SECTION. Sec. 4.  All instances in which voter approval is called for under sections 1 and 2 of this act shall require an affirmative vote of a sixty percent majority of the voters of the city voting on the proposition at a general election held within the city or at a special election called by the city held in conjunction with a state general or primary election.

NEW SECTION. Sec. 5.  (1) If the legislative authority of a city whose voters have authorized taxes under section 1 of this act contracts with one or more nonprofit corporations or other public organizations for the overall management and operation of a zoo, an aquarium, or both, that contract shall be subject to this section.  No such contract for the overall management and operation of zoo or aquarium 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 legislative authority of the city upon the expiration of an initial term or any renewal term.

    (2) A nonprofit corporation or other public organization that contracts with the legislative authority of a city for the overall management and operation of a zoo, aquarium, or both under chapter . . ., Laws of 2000 (this act) must comply with chapters 42.23 and 42.30 RCW and RCW 42.17.250 through 42.17.348.

    (3) Before approving each initial and any renewal contract with a nonprofit corporation or other public organization for the overall management and operation of any facilities, the city legislative authority shall hold a public hearing on the proposed management and operation by the nonprofit corporation or other public organization.  At least thirty days prior to the hearing, a public notice setting forth the date, time, and place of the hearing must be published 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 facilities involved and the nonprofit corporation or other public organization proposed for management and operation under the contract with the city.  The terms and conditions under which the city proposes to contract with the nonprofit corporation or other public organization 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.

    (4) As part of the management and operation contract, the legislative authority of the city may authorize the managing and operating entity to grant to any nonprofit corporation or public or private organization franchises or concessions that further the public use and enjoyment of the zoo or aquarium, as the case may be, and may authorize the managing and operating entity to contract with any public or private organization for any specific services as are routinely so procured by the city.

    (5) Notwithstanding any provision in the charter of the city so contracting for the overall management and operation of a zoo or an aquarium, or any other provision of law, the nonprofit corporation or other public organization with responsibility for overall management or operation of any such facilities pursuant to a contract under this section may, in carrying out that responsibility under such contract, manage, supervise, and control those employees of the city employed in connection with the zoo or aquarium and may hire, fire, and otherwise discipline those employees.  Notwithstanding any provision in the charter of the city so contracting for the overall management and operation of a zoo or an aquarium, or any other provision of law, the civil service system of any such city shall provide for the nonprofit corporation or other public organization to manage, supervise, control, hire, fire, and otherwise discipline those employees of the city employed in connection with the zoo or aquarium.

NEW SECTION. Sec. 6.  Nothing in this chapter 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.

    Sec. 7.  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 that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levy by a city under section 1 of this act 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; (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 cities levying under section 1 of this act and 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 levy of a city under section 1 of this act shall be reduced or eliminated;

(b) Second, if the consolidated tax levy rate still exceeds these limitations, 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)) (c) Third, 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)) (d) Fourth, 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, 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)) (e) Fifth, 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)) (f) Sixth, 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 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. 8.  Sections 1 through 6 of this act constitute a new chapter in Title 35 RCW."

SSB 6566 - S AMD - 139

By Senators Horn, Kohl-Welles, Patterson and Hale

                                                   ADOPTED 2/15/00

    On page 1, line 1 of the title, after "recreation;" strike the remainder of the title and insert "amending RCW 84.52.010; and adding a new chapter to Title 35 RCW."

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