[atlas:bill]

AN ACT Relating to limiting assessed value growth for retired persons; amending RCW 84.36.381; adding a new section to chapter 84.36 RCW; adding a new section to chapter 84.55 RCW; and creating a new section.

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

Sec. 1. RCW 84.36.381 and 1998 c 333 s 1 are each amended to read as follows:

A person shall be exempt from any legal obligation to pay all or a portion of the amount of excess and regular real property taxes due and payable in the year following the year in which a claim is filed, and thereafter, in accordance with the following:

(1) The property taxes must have been imposed upon a residence which was occupied by the person claiming the exemption as a principal place of residence as of the time of filing: PROVIDED, That any person who sells, transfers, or is displaced from his or her residence may transfer his or her exemption status to a replacement residence, but no claimant shall receive an exemption on more than one residence in any year: PROVIDED FURTHER, That confinement of the person to a hospital or nursing home shall not disqualify the claim of exemption if:

(a) The residence is temporarily unoccupied;

(b) The residence is occupied by a spouse and/or a person financially dependent on the claimant for support; or

(2) The person claiming the exemption must have owned, at the time of filing, in fee, as a life estate, or by contract purchase, the residence on which the property taxes have been imposed or if the person claiming the exemption lives in a cooperative housing association, corporation, or partnership, such person must own a share therein representing the unit or portion of the structure in which he or she resides. For purposes of this subsection, a residence owned by a marital community or owned by cotenants shall be deemed to be owned by each spouse or cotenant, and any lease for life shall be deemed a life estate;

(3) The person claiming the exemption must be sixty-one years of age or older on December 31st of the year in which the exemption claim is filed, or must have been, at the time of filing, retired from regular gainful employment by reason of physical disability: PROVIDED, That any surviving spouse of a person who was receiving an exemption at the time of the person's death shall qualify if the surviving spouse is fifty-seven years of age or older and otherwise meets the requirements of this section;

(4) The amount that the person shall be exempt from an obligation to pay shall be calculated on the basis of combined disposable income, as defined in RCW 84.36.383. If the person claiming the exemption was retired for two months or more of the assessment year, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person during the months such person was retired by twelve. If the income of the person claiming exemption is reduced for two or more months of the assessment year by reason of the death of the person's spouse, or when other substantial changes occur in disposable income that are likely to continue for an indefinite period of time, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person after such occurrences by twelve. If it is necessary to estimate income to comply with this subsection, the assessor may require confirming documentation of such income prior to May 31 of the year following application;

(5)(a) A person who otherwise qualifies under this section and has a combined disposable income of thirty thousand dollars or less shall be exempt from all excess property taxes; and

(b)(i) A person who otherwise qualifies under this section and has a combined disposable income of twenty-four thousand dollars or less but greater than eighteen thousand dollars shall be exempt from all regular property taxes on the greater of forty thousand dollars or thirty-five percent of the valuation of his or her residence, but not to exceed sixty thousand dollars of the valuation of his or her residence; or

(ii) A person who otherwise qualifies under this section and has a combined disposable income of eighteen thousand dollars or less shall be exempt from all regular property taxes on the greater of fifty thousand dollars or sixty percent of the valuation of his or her residence; and

(6) For a person who otherwise qualifies under this section and has a combined disposable income of thirty thousand dollars or less, the valuation of the residence shall be the assessed value of the residence on the later of January 1, 1995, or January 1st of the assessment year the person first qualifies under this section. If the person subsequently fails to qualify under this ((~~section~~)) subsection only for one year because of high income, this same valuation shall be used upon requalification. If the person fails to qualify for more than one year in succession because of high income or fails to qualify for any other reason, the valuation upon requalification under this subsection shall be the assessed value on January 1st of the assessment year in which the person requalifies.

(7) For a person who otherwise qualifies under this section and has a combined disposable income of fifty thousand dollars or less but greater than thirty thousand dollars, the valuation of the residence shall be the assessed value of the residence for the previous year, plus two percent. For counties that do not revalue property annually, the valuation of the residence shall be the previous assessed value plus two percent for each year since the previous revaluation of the residence. If the person subsequently fails to qualify under this subsection only for one year because of high income, the valuation of the residence upon requalification shall be calculated as if the person had been qualified the previous year. If the person fails to qualify for more than one year in succession because of high income or fails to qualify for any other reason, the valuation upon requalification shall be the assessed value on January 1st of the assessment year in which the person requalifies.

(8) If the person transfers the exemption under this section to a different residence, the valuation of the different residence, for the purposes of subsection (6) or (7) of this section, shall be the assessed value of the different residence on January 1st of the assessment year in which the person transfers the exemption.

(9)(a) In no event may the valuation under ((~~this~~)) subsection (6) or (7) of this section be greater than the true and fair value of the residence on January 1st of the assessment year.

((~~This subsection does~~)) (b) Subsections (6) and (7) of this section do not apply to subsequent improvements to the property in the year in which the improvements are made. Subsequent improvements to the property shall be added to the value otherwise determined under this subsection at their true and fair value in the year in which they are made.

NEW SECTION. Sec. 2. A new section is added to chapter 84.36 RCW to read as follows:

The valuation of a residence determined under RCW 84.36.381(7) shall apply for the levies of all taxing districts, unless the legislative authority of a county adopts an ordinance or resolution providing that valuations under RCW 84.36.381(7) do not apply within the county. If such an ordinance or resolution is adopted, valuations under RCW 84.36.381(7) shall not apply to the levy of any taxing district upon property within the county, except the levy by the state. If the ordinance or resolution is repealed, valuation of a residence determined under RCW 84.36.381(7) shall apply for the levies of all taxing districts upon property within the county.

NEW SECTION. Sec. 3. A new section is added to chapter 84.55 RCW to read as follows:

The levy for a taxing district in any year shall be reduced as necessary to prevent exemptions under RCW 84.36.381(7) from resulting in a higher tax rate than would have occurred in the absence of the exemptions under RCW 84.36.381(7).

NEW SECTION. Sec. 4. This act applies to taxes levied for collection in 2000 and thereafter.