SB 5144 -
By Senator Oke
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 28A.535.020 and 1996 c 48 s 2 are each amended to
read as follows:
Whenever the board of directors of any school district shall deem
it advisable to validate and ratify the indebtedness mentioned in RCW
28A.535.010, they shall provide therefor by resolution, which shall be
entered on the records of such school district, which resolution shall
provide for the holding of an election for the purpose of submitting
the question of validating and ratifying the indebtedness so incurred
to the voters of such school district for approval or disapproval, and
if at such election three-fifths of the voters in such school district
voting at such election shall vote in favor of the validation and
ratification of such indebtedness, then such indebtedness so validated
and ratified and every part thereof existing at the time of the
adoption of said resolution shall thereby become and is hereby declared
to be validated and ratified and a binding obligation upon such school
district: PROVIDED, That if the proposal is submitted at a November
regular election, then only a majority of the voters voting on the
proposition is required to validate and ratify such indebtedness.
Sec. 2 RCW 28A.535.050 and 1984 c 186 s 14 are each amended to
read as follows:
If the indebtedness of such school district is validated and
ratified, as provided in this chapter, ((by three-fifths of the voters
voting at such election,)) the board of directors of such school
district, without any further vote, may borrow money and issue and sell
negotiable bonds therefor in accordance with chapter 39.46 RCW.
Sec. 3 RCW 84.52.053 and 1997 c 260 s 1 are each amended to read
as follows:
The limitations imposed by RCW 84.52.050 through 84.52.056, and
84.52.043 shall not prevent the levy of taxes by school districts, when
authorized so to do by the voters of such school district in the manner
and for the purposes and number of years allowable under Article VII,
section 2(a) of the Constitution of this state. Elections for such
taxes shall be held in the year in which the levy is made or, in the
case of propositions authorizing two-year through four-year levies for
maintenance and operation support of a school district, authorizing
two-year levies for transportation vehicle funds established in RCW
28A.160.130, or authorizing two-year through six-year levies to support
the construction, modernization, or remodeling of school facilities, in
the year in which the first annual levy is made: PROVIDED, That once
additional tax levies have been authorized for maintenance and
operation support of a school district for a two-year through four-year
period, no further additional tax levies for maintenance and operation
support of the district for that period may be authorized.
A special election may be called and the time therefor fixed by the
board of school directors, 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".
Except for the November regular election, no levy to support the
construction, modernization, or remodeling of school facilities may be
made unless specifically authorized to do so by a majority of at least
three-fifths of the voters of the taxing district voting on the
proposition to levy such additional tax, 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.
Sec. 4 RCW 84.52.056 and 1973 1st ex.s. c 195 s 104 are each
amended to read as follows:
Any municipal corporation otherwise authorized by law to issue
general obligation bonds for capital purposes may, at an election duly
held after giving notice thereof as required by law, authorize the
issuance of general obligation bonds for capital purposes only, which
shall not include the replacement of equipment, and provide for the
payment of the principal and interest of such bonds by annual levies in
excess of the tax limitations contained in RCW 84.52.050 to 84.52.056,
inclusive and RCW 84.52.043. Such an election shall not be held
oftener than twice a calendar year, and the proposition to issue any
such bonds and to exceed said tax limitation must receive the
affirmative vote of a three-fifths majority of those voting on the
proposition and the total number of ((persons)) voters voting at such
election must constitute not less than forty percent of the voters in
said municipal corporation who voted at the last preceding general
state election, except that a proposition by a school district to issue
such bonds and to pay the principal and interest on the bonds by annual
tax levies shall be authorized by receiving the affirmative vote of a
majority of the voters voting on the proposition if the proposition is
submitted at the November regular election.
Any 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 limitations
provided for in RCW 84.52.050 to 84.52.056, inclusive and RCW
84.52.043.
Sec. 5 RCW 39.36.020 and 2000 c 156 s 1 are each amended to read
as follows:
(1) Except as otherwise expressly provided by law or in subsections
(2), (3) and (4) of this section, no taxing district shall for any
purpose become indebted in any manner to an amount exceeding
three-eighths of one percent of the value of the taxable property in
such taxing district without the assent of three-fifths of the voters
therein voting at an election to be held for that purpose, nor in cases
requiring such assent shall the total indebtedness incurred at any time
exceed one and one-fourth percent on the value of the taxable property
therein.
(2)(a)(i) Public hospital districts are limited to an indebtedness
amount not exceeding three-fourths of one percent of the value of the
taxable property in such public hospital districts without the assent
of three-fifths of the voters therein voting at an election held for
that purpose.
(ii) Counties, cities, and towns are limited to an indebtedness
amount not exceeding one and one-half percent of the value of the
taxable property in such counties, cities, or towns without the assent
of three-fifths of the voters therein voting at an election held for
that purpose.
(b) In cases requiring such assent counties, cities, towns, and
public hospital districts are limited to a total indebtedness of two
and one-half percent of the value of the taxable property therein.
However, any county that has assumed the rights, powers, functions, and
obligations of a metropolitan municipal corporation under chapter 36.56
RCW may become indebted to a larger amount for its authorized
metropolitan functions, as provided under chapter 35.58 RCW, but not
exceeding an additional three-fourths of one percent of the value of
the taxable property in the county without the assent of three-fifths
of the voters therein voting at an election held for that purpose, and
in cases requiring such assent not exceeding an additional two and one-half percent of the value of the taxable property in the county.
(3) School districts are limited to an indebtedness amount not
exceeding three-eighths of one percent of the value of the taxable
property in such district without the assent of three-fifths of the
voters therein voting at an election held for that purpose: PROVIDED,
That if the proposal is submitted at a November regular election, then
only a majority of the voters voting on the proposition is required.
In cases requiring such assent school districts are limited to a total
indebtedness of two and one-half percent of the value of the taxable
property therein.
(4) No part of the indebtedness allowed in this chapter shall be
incurred for any purpose other than strictly county, city, town, school
district, township, port district, metropolitan park district, or other
municipal purposes: PROVIDED, That a city or town, with such assent,
may become indebted to a larger amount, but not exceeding two and one-half percent additional, determined as herein provided, for supplying
such city or town with water, artificial light, and sewers, when the
works for supplying such water, light, and sewers shall be owned and
controlled by the city or town; and a city or town, with such assent,
may become indebted to a larger amount, but not exceeding two and one-half percent additional for acquiring or developing open space, park
facilities, and capital facilities associated with economic
development: PROVIDED FURTHER, That any school district may become
indebted to a larger amount but not exceeding two and one-half percent
additional for capital outlays.
(5) Such indebtedness may be authorized in any total amount in one
or more propositions and the amount of such authorization may exceed
the amount of indebtedness which could then lawfully be incurred. Such
indebtedness may be incurred in one or more series of bonds from time
to time out of such authorization but at no time shall the total
general indebtedness of any taxing district exceed the above
limitation.
The term "value of the taxable property" as used in this section
shall have the meaning set forth in RCW 39.36.015.
Sec. 6 RCW 28A.530.020 and 1996 c 48 s 1 are each amended to read
as follows:
(((1) The question whether the bonds shall be issued, as provided
in RCW 28A.530.010, shall be determined at an election to be held
pursuant to RCW 39.36.050. If a majority of the votes cast at such
election favor the issuance of such bonds, the board of directors must
issue such bonds: PROVIDED, That if the amount of bonds to be issued,
together with any outstanding indebtedness of the district that only
needs a simple majority voter approval, exceeds three-eighths of one
percent of the value of the taxable property in said district, as the
term "value of the taxable property" is defined in RCW 39.36.015, then
three-fifths of the votes cast at such election must be in favor of the
issuance of such bonds, before the board of directors is authorized to
issue said bonds.)) The resolution adopted by the board of directors calling
((
(2)the)) an election ((in subsection (1) of this section)) shall specify
the purposes of the debt financing measure, including the specific
buildings to be constructed or remodeled and any additional specific
purposes as authorized by RCW 28A.530.010. If the debt financing
measure anticipates the receipt of state financing assistance under
chapter 28A.525 RCW, the board resolution also shall describe the
specific anticipated purpose of the state assistance. If the school
board subsequently determines that state or local circumstances should
cause any alteration to the specific expenditures from the debt
financing or of the state assistance, the board shall first conduct a
public hearing to consider those circumstances and to receive public
testimony. If the board then determines that any such alterations are
in the best interests of the district, it may adopt a new resolution or
amend the original resolution at a public meeting held subsequent to
the meeting at which public testimony was received.
NEW SECTION. Sec. 7 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 8 This act takes effect if the proposed
amendment to Article VII, section 2 and Article VIII, section 6 of the
state Constitution providing for a simple majority of voters voting to
authorize school district levies and bonds is validly submitted to and
is approved and ratified by the voters at the next general election and
certified by the secretary of state. If the proposed amendment is not
approved, ratified, and certified, this act is void in its entirety."
SB 5144 -
By Senator Oke
On page 1, line 1 of the title, after "elections;" strike the remainder of the title and insert "amending RCW 28A.535.020, 28A.535.050, 84.52.053, 84.52.056, 39.36.020, and 28A.530.020; and providing a contingent effective date."
EFFECT: When a school levy is approved during a general election, a simple majority of voters voting can approve the levy. When the election is held at a different time, the levy must receive 60 percent approval and be validated by an amount that equals 40 percent of the voters in the previous general election. Allows simple majority only for November regular elections.