Passed by the House March 31, 2003 Yeas 96   FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 15, 2003 Yeas 46   BRAD OWEN ________________________________________ President of the Senate | I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1853 as passed by the House of Representatives and the Senate on the dates hereon set forth. CYNTHIA ZEHNDER ________________________________________ Chief Clerk | |
Approved April 23, 2003. GARY F. LOCKE ________________________________________ Governor of the State of Washington | April 23, 2003 - 4:37 p.m. Secretary of State State of Washington |
State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 03/15/03.
AN ACT Relating to improvement of passenger ferry service; amending RCW 47.60.120, 47.64.090, 82.14.050, 36.57A.010, 36.57A.100, 81.84.010, 81.84.020, 81.84.060, and 84.52.043; reenacting and amending RCW 84.52.010 and 84.52.052; adding new sections to chapter 36.57A RCW; adding a new section to chapter 47.52 RCW; adding a new section to chapter 82.80 RCW; adding a new section to chapter 82.14 RCW; adding new sections to chapter 36.54 RCW; creating new sections; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101
The legislature recognizes that if the state eliminates passenger-only ferry service on one or more routes, it should provide an
opportunity for locally sponsored service and the department of
transportation should assist in this effort.
It is the intent of the legislature to encourage interlocal
agreements to ensure passenger-only ferry service is reinstated on
routes that the Washington state ferry system eliminates.
NEW SECTION. Sec. 201 A new section is added to chapter 36.57A
RCW to read as follows:
NEW SECTION. Sec. 202 A new section is added to chapter 36.57A
RCW to read as follows:
(a) A motor vehicle excise tax, as provided in section 206 of this
act;
(b) A sales and use tax, as provided in section 207 of this act;
(c) Tolls for passengers and packages and, where applicable,
parking; and
(d) Charges or licensing fees for advertising, leasing space for
services to ferry passengers, and other revenue-generating activities.
(2) Taxes may not be imposed without an affirmative vote of the
majority of the voters within the boundaries of the area voting on a
single ballot proposition to both approve a passenger-only ferry
investment plan and to approve taxes to implement the plan. Revenues
from these taxes and fees may be used only to implement the plan and
must be used for the benefit of the residents of the benefit area. A
district may contract with the state department of revenue or other
appropriate entities for administration and collection of any of the
taxes or charges authorized in this section.
NEW SECTION. Sec. 203 A new section is added to chapter 47.52
RCW to read as follows:
Sec. 204 RCW 47.60.120 and 1993 c 427 s 1 are each amended to
read as follows:
(2) The ten-mile distance in subsection (1) of this section means
ten statute miles measured by airline distance. The ten-mile
restriction shall be applied by comparing the two end points (termini)
of a state ferry crossing to those of a private ferry crossing.
(3) The Washington utilities and transportation commission may,
upon written petition of a commercial ferry operator certificated or
applying for certification under chapter 81.84 RCW, and upon notice and
hearing, grant a waiver from the ten-mile restriction. The waiver must
not be detrimental to the public interest. In making a decision to
waive the ten-mile restriction, the commission shall consider, but is
not limited to, the impact of the waiver on transportation congestion
mitigation, air quality improvement, and the overall impact on the
Washington state ferry system. The commission shall act upon a request
for a waiver within ninety days after the conclusion of the hearing.
A waiver is effective for a period of five years from the date of
issuance. At the end of five years the waiver becomes permanent unless
appealed within thirty days by the commission on its own motion, the
department, or an interested party.
(4) The department shall not maintain and operate any ferry
crossing or toll bridge over Puget Sound or any of its tributary or
connecting waters that would infringe upon any franchise lawfully
issued by the state and in existence and being exercised at the time of
the location of the ferry crossing or toll bridge by the department,
without first acquiring the rights granted to such franchise holder
under the franchise.
(5) This section does not apply to the operation of passenger-only
ferry service by public transportation benefit areas meeting the
requirements of section 201 of this act or to the operation of
passenger-only ferry service by ferry districts.
Sec. 205 RCW
47.64.090 and 1983 c 15 s 27 are each amended to
read as follows:
(2) If a public transportation benefit area meeting the
requirements of section 201 of this act has voter approval to operate
passenger-only ferry service, it may enter into an agreement with
Washington State Ferries to rent, lease, or purchase passenger-only
vessels, related equipment, or terminal space for purposes of loading
and unloading the passenger-only ferry. A benefit area or
subcontractor of that benefit area that qualifies under this subsection
is not subject to the restrictions of subsection (1) of this section,
but is subject to the terms of those collective bargaining agreements
that it or its subcontractors negotiate with the exclusive bargaining
representatives of its or its subcontractors employees under chapter
41.56 RCW or the National Labor Relations Act, as applicable.
(3) If a ferry district is formed under section 301 of this act to
operate passenger-only ferry service, it may enter into an agreement
with Washington State Ferries to rent, lease, or purchase vessels,
related equipment, or terminal space for purposes of loading and
unloading the ferry. Charges for the vessels, equipment, and space
must be fair market value taking into account the public benefit
derived from the ferry service. A ferry district or subcontractor of
that district that qualifies under this subsection is not subject to
the restrictions of subsection (1) of this section, but is:
(a) Subject to the terms of those collective bargaining agreements
that it or its subcontractors negotiate with the exclusive bargaining
representatives of its or its subcontractors employees under chapter
41.56 RCW or the National Labor Relations Act, as applicable;
(b) Subject to a requirement, to be included by the ferry district
in any contract with the district's subcontractor, to give preferential
hiring to former employees of the department of transportation who
separated from employment with the department because of termination of
the ferry service by the state of Washington; and
(c) Subject to a requirement, to be included by the ferry district
in any contract with the district's subcontractor, that any questions
concerning representation of employees for collective bargaining
purposes may be determined by conducting a cross-check comparing an
employee organization's membership records or bargaining authorization
cards against the employment records of the employer.
NEW SECTION. Sec. 206 A new section is added to chapter 82.80
RCW to read as follows:
(2) The department of licensing shall administer and collect the
tax. The department shall deduct a percentage amount, as provided by
contract, not to exceed two percent of the taxes collected, for
administration and collection expenses incurred by it. The remaining
proceeds must be remitted to the custody of the state treasurer for
monthly distribution to the public transportation benefit area.
(3) The public transportation benefit area imposing this tax shall
delay the effective date at least six months from the date the fee is
approved by the qualified voters of the authority area to allow the
department of licensing to implement administration and collection of
the tax.
(4) Before an authority may impose a tax authorized under this
section, the authorization for imposition of the tax must be approved
by a majority of the qualified electors of the authority area voting on
that issue.
NEW SECTION. Sec. 207 A new section is added to chapter 82.14
RCW to read as follows:
The tax authorized by this section is in addition to other taxes
authorized by law and must be collected from those persons who are
taxable by the state under chapters 82.08 and 82.12 RCW upon the
occurrence of a taxable event within the taxing district. The maximum
rate of the tax must be approved by the voters and may not exceed four-tenths of one percent of the selling price in the case of a sales tax
or value of the article used in the case of a use tax.
Sec. 208 RCW 82.14.050 and 2002 c 56 s 406 are each amended to
read as follows:
Sec. 209 RCW 36.57A.010 and 1983 c 65 s 1 are each amended to
read as follows:
The definitions set forth in this section apply throughout this
chapter unless the context clearly requires otherwise.
(1) "Public transportation benefit area" means a municipal
corporation of the state of Washington created pursuant to this
chapter.
(2) "Public transportation benefit area authority" or "authority"
means the legislative body of a public transportation benefit area.
(3) "City" means an incorporated city or town.
(4) "Component city" means an incorporated city or town within a
public transportation benefit area.
(5) "City council" means the legislative body of any city or town.
(6) "County legislative authority" means the board of county
commissioners or the county council.
(7) "Population" means the number of residents as shown by the
figures released for the most recent official state, federal, or county
census, or population determination made by the office of financial
management.
(8) "Public transportation service" means the transportation of
packages, passengers, and their incidental baggage by means other than
by chartered bus, sight-seeing bus, together with the necessary
passenger terminals and parking facilities or other properties
necessary for passenger and vehicular access to and from such people
moving systems: PROVIDED, That nothing shall prohibit an authority
from leasing its buses to private certified carriers or prohibit the
authority from providing school bus service. "Public transportation
service" includes passenger-only ferry service for those public
transportation benefit areas eligible to provide passenger-only ferry
service under section 201 of this act.
(9) "Public transportation improvement conference" or "conference"
means the body established pursuant to RCW 36.57A.020 which shall be
authorized to establish, subject to the provisions of RCW 36.57A.030,
a public transportation benefit area pursuant to the provisions of this
chapter.
Sec. 210 RCW 36.57A.100 and 1977 ex.s. c 44 s 4 are each amended
to read as follows:
Except in accordance with an agreement made as provided in this
section or in accordance with the provisions of RCW 36.57A.090(3) as
now or hereafter amended, upon the effective date on which the public
transportation benefit area commences to perform the public
transportation service, no person or private corporation shall operate
a local public passenger transportation service, including passenger-only ferry service, within the public transportation benefit area with
the exception of taxis, buses owned or operated by a school district or
private school, and buses owned or operated by any corporation or
organization solely for the purposes of the corporation or organization
and for the use of which no fee or fare is charged.
An agreement may be entered into between the public transportation
benefit area authority and any person or corporation legally operating
a local public passenger transportation service, including passenger-only ferry service, wholly within or partly within and partly without
the public transportation benefit area and on said effective date under
which such person or corporation may continue to operate such service
or any part thereof for such time and upon such terms and conditions as
provided in such agreement. Such agreement shall provide for a
periodic review of the terms and conditions contained therein. Where
any such local public passenger transportation service, including
passenger-only ferry service, will be required to cease to operate
within the public transportation benefit area, the public
transportation benefit area authority may agree with the owner of such
service to purchase the assets used in providing such service, or if no
agreement can be reached, the public transportation benefit area
authority shall condemn such assets in the manner and by the same
procedure as is or may be provided by law for the condemnation of other
properties for cities of the first class, except insofar as such laws
may be inconsistent with the provisions of this chapter.
Wherever a privately owned public carrier operates wholly or partly
within a public transportation benefit area, the Washington utilities
and transportation commission shall continue to exercise jurisdiction
over such operation as provided by law.
Sec. 211 RCW 81.84.010 and 1993 c 427 s 2 are each amended to
read as follows:
(1) No commercial ferry may hereafter operate any vessel or ferry
for the public use for hire between fixed termini or over a regular
route upon the waters within this state, including the rivers and lakes
and Puget Sound, without first applying for and obtaining from the
commission a certificate declaring that public convenience and
necessity require such operation. Service authorized by certificates
issued before or after July 25, 1993, to a commercial ferry operator
shall be exercised by the operator in a manner consistent with the
conditions established in the certificate or tariffs: PROVIDED, That
no certificate shall be required for a vessel primarily engaged in
transporting freight other than vehicles, whose gross earnings from the
transportation of passengers and/
(2) The holder of a certificate of public convenience and necessity
granted under this chapter must initiate service within five years of
obtaining the certificate, except that the holder of a certificate of
public convenience and necessity for passenger-only ferry service in
Puget Sound must initiate service within twenty months of obtaining the
certificate. The certificate holder shall report to the commission
every six months after the certificate is granted on the progress of
the certificated route. The reports shall include, but not be limited
to, the progress of environmental impact, parking, local government
land use, docking, and financing considerations. ((However)) Except in
the case of passenger-only ferry service in Puget Sound, if service has
not been initiated within five years of obtaining the certificate, the
commission may extend the certificate on a twelve-month basis for up to
three years if the six-month progress reports indicate there is
significant advancement toward initiating service.
(3) The commission shall review certificates in existence as of
July 25, 1993, where service is not being provided on all or any
portion of the route or routes certificated. Based on progress reports
required under subsection (2) of this section, the commission may grant
an extension beyond that provided in subsection (2) of this section.
Such additional extension may not exceed a total of two years.
Sec. 212 RCW 81.84.020 and 1993 c 427 s 3 are each amended to
read as follows:
(1) Upon the filing of an application the commission shall give
reasonable notice to the department, affected cities ((and)), counties,
and public transportation benefit areas and any common carrier which
might be adversely affected, of the time and place for hearing on such
application. The commission shall have power after hearing, to issue
the certificate as prayed for, or to refuse to issue it, or to issue it
for the partial exercise only of the privilege sought, and may attach
to the exercise of the rights granted by said certificate such terms
and conditions as in its judgment the public convenience and necessity
may require; but the commission shall not have power to grant a
certificate to operate between districts and/
(2) Before issuing a certificate, the commission shall determine
that the applicant has the financial resources to operate the proposed
service for at least twelve months, based upon the submission by the
applicant of a pro forma financial statement of operations. Issuance
of a certificate shall be determined upon, but not limited to, the
following factors: Ridership and revenue forecasts; the cost of
service for the proposed operation; an estimate of the cost of the
assets to be used in providing the service; a statement of the total
assets on hand of the applicant that will be expended on the proposed
operation; and a statement of prior experience, if any, in such field
by the applicant. The documentation required of the applicant under
this section shall comply with the provisions of RCW 9A.72.085.
(3) Subsection (2) of this section does not apply to an application
for a certificate that is pending as of July 25, 1993.
(4) In granting a certificate for passenger-only ferries and
determining what conditions to place on the certificate, the commission
shall consider and give substantial weight to the effect of its
decisions on public agencies operating, or eligible to operate,
passenger-only ferry service.
(5) Until March 1, 2005, the commission shall not consider an
application for passenger-only ferry service serving any county in
Puget Sound, unless the public transportation benefit area authority or
ferry district serving that county, by resolution, agrees to the
application.
Sec. 213 RCW 81.84.060 and 1993 c 427 s 7 are each amended to
read as follows:
The commission, upon complaint by an interested party, or upon its
own motion after notice and opportunity for hearing, may cancel,
revoke, suspend, alter, or amend a certificate issued under this
chapter on any of the following grounds:
(1) Failure of the certificate holder to initiate service by the
conclusion of the fifth year after the certificate has been granted or
by the conclusion of an extension granted under RCW 81.84.010 (2) or
(3), if the commission has considered the progress report information
required under RCW 81.84.010 (2) or (3);
(2) Failure of a certificate holder for passenger-only ferry
service in Puget Sound to initiate service by the conclusion of the
twentieth month after the certificate has been granted;
(3) Failure of the certificate holder to file an annual report;
(((3))) (4) The filing by a certificate holder of an annual report
that shows no revenue in the previous twelve-month period after service
has been initiated;
(((4))) (5) The violation of any provision of this chapter;
(((5))) (6) The violation of or failure to observe the provisions
or conditions of the certificate or tariffs;
(((6))) (7) The violation of an order, decision, rule, regulation,
or requirement established by the commission under this chapter;
(((7))) (8) Failure of a certificate holder to maintain the
required insurance coverage in full force and effect; or
(((8))) (9) Failure or refusal to furnish reasonable and adequate
service after initiating service.
The commission shall take appropriate action within thirty days
upon a complaint by an interested party or of its own finding that a
provision of this section has been violated.
NEW SECTION. Sec. 301 A new section is added to chapter 36.54
RCW to read as follows:
(1) The legislative authority of a county with a population over
one million persons and having a boundary on Puget Sound may adopt an
ordinance creating a ferry district in all or a portion of the area of
the county, including the area within the corporate limits of any city
or town within the county. The ordinance may be adopted only after a
public hearing has been held on the creation of a ferry district, and
the county legislative authority makes a finding that it is in the
public interest to create the district. A ferry district is limited to
providing passenger-only ferry service.
(2) A ferry district is a municipal corporation, an independent
taxing "authority" within the meaning of Article VII, section 1 of the
state Constitution, and a "taxing district" within the meaning of
Article VII, section 2 of the state Constitution.
(3) A ferry district is a body corporate and possesses all the
usual powers of a corporation for public purposes as well as all other
powers that may now or hereafter be specifically conferred by statute,
including, but not limited to, the authority to hire employees, staff,
and services, to enter into contracts, and to sue and be sued.
(4) The members of the county legislative authority, acting ex
officio and independently, shall compose the governing body of any
ferry district that is created within the county. The voters of a
ferry district must be registered voters residing within the boundaries
of the district.
(5) For the purposes of this section, Puget Sound is considered as
extending north as far as the Canadian border and west as far as Port
Angeles.
NEW SECTION. Sec. 302 A new section is added to chapter 36.54
RCW to read as follows:
A ferry district may construct, purchase, operate, and maintain
passenger-only ferries or wharves at any unfordable stream, lake,
estuary, or bay within or bordering the ferry district, or between
portions of the ferry district, or between the ferry district and other
ferry districts, together with all the necessary boats, grounds, roads,
approaches, and landings appertaining thereto under the direction and
control of the governing body of the ferry district, free or for toll
as the governing body determines by resolution.
NEW SECTION. Sec. 303 A new section is added to chapter 36.54
RCW to read as follows:
(1) To carry out the purposes for which ferry districts are
created, the governing body of a ferry district may levy each year an
ad valorem tax on all taxable property located in the district not to
exceed seventy-five cents per thousand dollars of assessed value. The
levy must be sufficient for the provision of ferry services as shown to
be required by the budget prepared by the governing body of the ferry
district.
(2) A tax imposed under this section may be used only for providing
passenger-only ferry services, including the purchase, lease, or rental
of passenger-only ferry vessels and dock facilities, the operation and
maintenance of passenger-only ferry vessels and dock facilities, and
related personnel costs.
NEW SECTION. Sec. 304 A new section is added to chapter 36.54
RCW to read as follows:
A ferry district may impose excess levies upon the property
included within the district for a one-year period to be used for
operating or capital purposes whenever authorized by the electors of
the district under RCW 84.52.052 and Article VII, section 2(a) of the
state Constitution.
NEW SECTION. Sec. 305 A new section is added to chapter 36.54
RCW to read as follows:
The governing body of the ferry district shall annually prepare a
budget of the requirements of each district fund.
NEW SECTION. Sec. 306 A new section is added to chapter 36.54
RCW to read as follows:
At the time of making general tax levies in each year, the county
legislative authority of the county in which a ferry district is
located shall make the required levies for district purposes against
the real and personal property in the district. The tax levies must be
a part of the general tax roll and be collected as a part of the
general taxes against the property in the district.
NEW SECTION. Sec. 307 A new section is added to chapter 36.54
RCW to read as follows:
(1) The treasurer of the county in which a ferry district is
located shall be treasurer of the district. The county treasurer shall
receive and disburse ferry district revenues, collect taxes authorized
and levied under this chapter, and credit district revenues to the
proper fund.
(2) The county treasurer shall establish a ferry district fund,
into which must be paid all district revenues, and the county treasurer
shall also maintain such special funds as may be created by the
governing
body of a ferry district, into which the county treasurer
shall place all money as the governing body of the district may, by
resolution, direct.
(3) The county treasurer shall pay out money received for the
account of the ferry district on warrants issued by the county auditor
against the proper funds of the district.
(4) All district funds must be deposited with the county
depositaries under the same restrictions, contracts, and security as
provided for county depositaries.
(5) All interest collected on ferry district funds belongs to the
district and must be deposited to its credit in the proper district
funds.
NEW SECTION. Sec. 308 A new section is added to chapter 36.54
RCW to read as follows:
A ferry district is exempt from the provisions of Title 81 RCW and
is not subject to the control of the Washington utilities and
transportation commission. It is not necessary for a ferry district to
apply for a certificate of public convenience and necessity.
NEW SECTION. Sec. 309 A new section is added to chapter 36.54
RCW to read as follows:
A ferry district formed under this chapter may be dissolved in the
manner provided in chapter 53.48 RCW, relating to port districts.
Sec. 310 RCW 84.52.010 and 2002 c 248 s 15 and 2002 c 88 s 7 are
each reenacted and 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 section 303 of
this act, 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 levy imposed by a ferry district under section 303 of
this act must be reduced until the combined rate no longer exceeds one
percent of the true and fair value of any property or must 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, 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))) (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
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 certified property tax levy rates of those junior
taxing districts authorized under RCW 36.68.525, 36.69.145, 35.95A.100,
and 67.38.130 shall be reduced on a pro rata basis or eliminated;
(b) Second, 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, 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, if the consolidated tax levy rate still exceeds these
limitations, the first fifty cent per thousand dollars of assessed
valuation levies for metropolitan park districts created on or after
January 1, 2002, shall be reduced on a pro rata basis or eliminated;
(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
(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 created before January 1, 2002, 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.
Sec. 311 RCW 84.52.043 and 1995 c 99 s 3 are each amended to read
as follows:
Within and subject to the limitations imposed by RCW 84.52.050 as
amended, the regular ad valorem tax levies upon real and personal
property by the taxing districts hereafter named shall be as follows:
(1) Levies of the senior taxing districts shall be as follows: (a)
The levy by the state shall not exceed three dollars and sixty cents
per thousand dollars of assessed value adjusted to the state equalized
value in accordance with the indicated ratio fixed by the state
department of revenue to be used exclusively for the support of the
common schools; (b) the levy by any county shall not exceed one dollar
and eighty cents per thousand dollars of assessed value; (c) the levy
by any road district shall not exceed two dollars and twenty-five cents
per thousand dollars of assessed value; and (d) the levy by any city or
town shall not exceed three dollars and thirty-seven and one-half cents
per thousand dollars of assessed value. However any county is hereby
authorized to increase its levy from one dollar and eighty cents to a
rate not to exceed two dollars and forty-seven and one-half cents per
thousand dollars of assessed value for general county purposes if the
total levies for both the county and any road district within the
county do not exceed four dollars and five cents per thousand dollars
of assessed value, and no other taxing district has its levy reduced as
a result of the increased county levy.
(2) The aggregate levies of junior taxing districts and senior
taxing districts, other than the state, shall not exceed five dollars
and ninety cents per thousand dollars of assessed valuation. The term
"junior taxing districts" includes all taxing districts other than the
state, counties, road districts, cities, towns, port districts, and
public utility districts. The limitations provided in this subsection
shall not apply to: (a) Levies at the rates provided by existing law
by or for any port or public utility district; (b) excess property tax
levies authorized in Article VII, section 2 of the state Constitution;
(c) levies for acquiring conservation futures as authorized under RCW
84.34.230; (d) levies for emergency medical care or emergency medical
services imposed under RCW 84.52.069; (e) levies to finance affordable
housing for very low-income housing imposed under RCW 84.52.105;
((and)) (f) the portions of levies by metropolitan park districts that
are protected under RCW 84.52.120; and (g) levies imposed by ferry
districts under section 303 of this act.
Sec. 312 RCW 84.52.052 and 2002 c 248 s 16 and 2002 c 180 s 1 are
each reenacted and amended to read as follows:
The limitations imposed by RCW 84.52.050 through 84.52.056, and RCW
84.52.043 shall not prevent the levy of additional taxes by any taxing
district except school districts in which a larger levy is necessary in
order to prevent the impairment of the obligation of contracts. As
used in this section, the term "taxing district" means any county,
metropolitan park district, park and recreation service area, park and
recreation district, water-sewer district, solid waste disposal
district, public facilities district, flood control zone district,
county rail district, service district, public hospital district, road
district, rural county library district, island library district, rural
partial-county library district, intercounty rural library district,
fire protection district, cemetery district, city, town, transportation
benefit district, emergency medical service district with a population
density of less than one thousand per square mile, cultural arts,
stadium, and convention district, ferry district, or city
transportation authority.
Any such taxing district may levy taxes at a rate in excess of the
rate specified in RCW 84.52.050 through 84.52.056 and 84.52.043, or
84.55.010 through 84.55.050, when authorized so to do by the voters of
such taxing district in the manner set forth in Article VII, section
2(a) of the Constitution of this state at a special or general election
to be held in the year in which the levy is made.
A special election may be called and the time therefor fixed by the
county legislative authority, or council, board of commissioners, or
other governing body of any such taxing district, by giving notice
thereof by publication in the manner provided by law for giving notices
of general elections, at which special election the proposition
authorizing such excess levy shall be submitted in such form as to
enable the voters favoring the proposition to vote "yes" and those
opposed thereto to vote "no."
NEW SECTION. Sec. 401
NEW SECTION. Sec. 402
NEW SECTION. Sec. 403 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately.