_______________________________________________
HOUSE JOINT RESOLUTION 4220
_______________________________________________
Passed Legislature - 2002 Regular Session
State of Washington 57th Legislature 2002
Regular Session
By
Read first time 01/18/2002. Referred to
Committee on Local Government & Housing.
Amending the
Constitution to restrict the number of years excess levies by fire protection
districts can be made.
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 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 notwithstanding
any other provision of this Constitution, any proposition pursuant to this
subsection to levy additional tax for the support of the common schools or
fire protection districts may provide such support for a period of up to
four years and any proposition to levy an additional tax to support the
construction, modernization, or remodelling of school facilities or fire
facilities may provide such support for a period not exceeding six years;
(b) 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) 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.
