H-0991.1 _______________________________________________
HOUSE BILL 1491
_______________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Representatives Carrell, Lambert, Boldt and Benson
Read first time 01/26/2001. Referred to Committee on Finance.
AN ACT Relating to modifying the limit factor for property tax levies; amending RCW 84.55.050; reenacting and amending RCW 84.55.005; creating a new section; repealing RCW 84.55.0101; and providing a contingent effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 84.55.005 and 1997 c 393 s 20 and 1997 c 3 s 201 are each reenacted and amended to read as follows:
As used in this chapter:
(1) "Inflation" means the percentage change in the implicit price deflator for personal consumption expenditures for the United States as published for the most recent twelve-month period by the bureau of economic analysis of the federal department of commerce in September of the year before the taxes are payable;
(2) "Limit
factor" means((:
(a) For taxing
districts with a population of less than ten thousand in the calendar year
prior to the assessment year, one hundred six percent;
(b) For taxing
districts for which a limit factor is authorized under RCW 84.55.0101, the
lesser of the limit factor authorized under that section or one hundred six
percent;
(c) For all other
districts,)) the lesser of one
hundred six percent or one hundred percent plus inflation; and
(3) "Regular property taxes" has the meaning given it in RCW 84.04.140.
Sec. 2. RCW 84.55.050 and 1989 c 287 s 1 are each amended to read as follows:
(1) Subject to any otherwise applicable statutory dollar rate limitations, regular property taxes may be levied by or for a taxing district in an amount exceeding the limitations provided for in this chapter if:
(a) The legislative authority of the taxing district declares that exceeding the limitations is necessary for the immediate preservation of the public peace, health, or safety, or support of government and its existing public institutions; and
(b) Such levy is authorized by a proposition approved by a majority of the voters of the taxing district voting on the proposition at a general election held within the district or at a special election within the taxing district called by the district for the purpose of submitting such proposition to the voters.
(2) Any election held pursuant to this section shall be held not more than twelve months prior to the date on which the proposed levy is to be made. The ballot of the proposition shall state the dollar rate proposed and shall clearly state any conditions which are applicable under subsection (3) of this section.
(((2) After a levy
authorized pursuant to this section is made, the dollar amount of such levy
shall be used for the purpose of computing the limitations for subsequent
levies provided for in this chapter, except as provided in subsection (4) of
this section.))
(3) The period for which increased levies are made under this section shall not exceed nine years. A proposition placed before the voters under this section may:
(a) Limit the period for which the increased levy is to be made to less than nine years;
(b) Limit the purpose
for which the increased levy is to be made((, but if the limited purpose
includes making redemption payments on bonds, the period for which the
increased levies are made shall not exceed nine years));
(c) Set the levy at a rate less than the maximum rate allowed for the district; or
(d) Include any combination of the conditions in this subsection.
(4) After ((the
expiration of a limited period or the satisfaction of a limited purpose,
whichever comes first)) a levy authorized under this section expires,
subsequent levies shall be computed as if:
(a) The ((limited
proposition under subsection (3) of)) levy authorized under this
section had not been approved; and
(b) The taxing district
had made levies at the maximum rates which would otherwise have been allowed
under this chapter during the years levies were made under ((the limited
proposition)) this section.
NEW SECTION. Sec. 3. RCW 84.55.0101 (Limit factor--Authorization for taxing district to use one hundred six percent or less--Ordinance or resolution) and 1997 c 3 s 204 are each repealed.
NEW SECTION. Sec. 4. Sections 1 through 3 of this act take effect on the day a decision of a court in this state becomes final and invalidates, in whole or in part, the application of sections 5 and 6, chapter 2, Laws of 2001 (Initiative Measure No. 722) to property tax levies.
NEW SECTION. Sec. 5. Sections 1 through 3 of this act apply to taxes levied for collection in 2002 and thereafter.
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