H-0686.2 _______________________________________________
HOUSE JOINT RESOLUTION 4205
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State of Washington 56th Legislature 1999 Regular Session
By Representatives Hurst, Dunn, Grant, Kessler, Haigh, Cooper, Miloscia, Wood, Dickerson, O'Brien, Morris, Kenney, Tokuda, McIntire, Doumit, Edmonds, Santos, Regala, Lovick, Edwards, Anderson, Lantz, Stensen, Romero, Conway, Poulsen, Hatfield, Veloria, Gombosky, Scott, Reardon, Fisher, Cody, Ogden and Constantine
Read first time 02/03/1999. 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 the secretary of state shall submit 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 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 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 as follows:
(a)
By any taxing district when specifically authorized so to do by a majority of
at least three‑fifths of the voters of the taxing district 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, but for a school
district not more than twenty-four months prior to the date on which the
initial 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 voters 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 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; or by a
majority of at least three‑fifths of the voters of the taxing district
voting on the proposition to levy when the number of voters voting on the
proposition exceeds forty percent of the number of voters voting in such taxing
district in the last preceding general election((: Provided, That));
(b)
Notwithstanding any other provision of this Constitution, any proposition
((pursuant to this)) under subsection (a) of this section may
authorize a school district to levy additional ((tax)) taxes
for the support of the common schools ((may provide such support)) for a
period of up to four years ((and any proposition)), or may authorize
a school district to levy ((an)) additional ((tax)) taxes
to support the construction, modernization, or remodelling of school facilities
((may provide such support)) for a period not exceeding six years,
not more than twelve months prior to the date on which the initial levy is to
be made, and a proposition authorizing the levy or levies for the support of
the common schools need be approved by only a simple majority vote of voters
voting on the proposition, without a forty percent validation requirement, if
the proposition is submitted at either a primary or general election held in
any year, but must be approved as provided under subsection (a) of this section
if the proposition is submitted at any other special election;
(((b)))
(c) 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 voters of the taxing
district voting on the proposition to issue such bonds and to pay the principal
and interest thereon by annual tax levies 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 voters
voting on the proposition shall constitute not less than forty percent of the
total number of 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, 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)))
(d) By the state or any taxing district for the purpose of preventing
the impairment of the obligation of a contract when ordered so to do by a court
of last resort.
BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of this 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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