2SSB 5433 -
By Representative Hunter
ADOPTED AS AMENDED 04/17/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 82.14.450 and 2007 c 380 s 1 are each amended to read
as follows:
(1) A county legislative authority may submit an authorizing
proposition to the county voters at a primary or general election and,
if the proposition is approved by a majority of persons voting, impose
a sales and use tax in accordance with the terms of this chapter. The
title of each ballot measure must clearly state the purposes for which
the proposed sales and use tax will be used. Funds raised under this
tax shall not supplant existing funds used for these purposes, except
as follows: Up to one hundred percent may be used to supplant existing
funding in calendar year 2010; up to eighty percent may be used to
supplant existing funding in calendar year 2011; up to sixty percent
may be used to supplant existing funding in calendar year 2012; up to
forty percent may be used to supplant existing funding in calendar year
2013; and up to twenty percent may be used to supplant existing funding
in calendar year 2014. For purposes of this subsection, existing funds
means the actual operating expenditures for the calendar year in which
the ballot measure is approved by voters. Actual operating
expenditures excludes lost federal funds, lost or expired state grants
or loans, extraordinary events not likely to reoccur, changes in
contract provisions beyond the control of the county or city receiving
the services, and major nonrecurring capital expenditures. The rate of
tax under this section ((shall)) may not exceed three-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.
(2) The tax authorized in this section is in addition to any other
taxes authorized by law and ((shall)) must be collected from those
persons who are taxable by the state under chapters 82.08 and 82.12 RCW
upon the occurrence of any taxable event within the county.
(3) The retail sale or use of motor vehicles, and the lease of
motor vehicles for up to the first thirty-six months of the lease, are
exempt from tax imposed under this section.
(4) One-third of all money received under this section ((shall))
must be used solely for criminal justice purposes, fire protection
purposes, or both. For the purposes of this subsection, "criminal
justice purposes" ((means additional police protection, mitigation of
congested court systems, or relief of overcrowded jails or other local
correctional facilities)) has the same meaning as provided in RCW
82.14.340.
(5) Money received under this section ((shall)) must be shared
between the county and the cities as follows: Sixty percent ((shall))
must be retained by the county and forty percent ((shall)) must be
distributed on a per capita basis to cities in the county.
Sec. 2 RCW 82.14.460 and 2008 c 157 s 2 are each amended to read
as follows:
(1) A county legislative authority may authorize, fix, and impose
a sales and use tax in accordance with the terms of this chapter.
(2) The tax authorized in this section shall be in addition to any
other taxes authorized by law and shall be collected from those persons
who are taxable by the state under chapters 82.08 and 82.12 RCW upon
the occurrence of any taxable event within the county. The rate of tax
shall equal one-tenth 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.
(3) Moneys collected under this section shall be used solely for
the purpose of providing for the operation or delivery of ((new or
expanded)) chemical dependency or mental health treatment programs and
services and for the operation or delivery of ((new or expanded))
therapeutic court programs and services. For the purposes of this
section, "programs and services" includes, but is not limited to,
treatment services, case management, and housing that are a component
of a coordinated chemical dependency or mental health treatment program
or service.
(4) All moneys collected under this section must be used solely for
the purpose of providing new or expanded programs and services as
provided in this section, except a portion of moneys collected under
this section ((shall not)) may be used to supplant existing funding for
these purposes((, provided that)) in any county as follows: Up to
fifty percent may be used to supplant existing funding in calendar year
2010; up to forty percent may be used to supplant existing funding in
calendar year 2011; up to thirty percent may be used to supplant
existing funding in calendar year 2012; up to twenty percent may be
used to supplant existing funding in calendar year 2013; and up to ten
percent may be used to supplant existing funding in calendar year 2014.
(5) Nothing in this section ((shall)) may be interpreted to
prohibit the use of moneys collected under this section for the
replacement of lapsed federal funding previously provided for the
operation or delivery of services and programs as provided in this
section.
Sec. 3 RCW 84.55.050 and 2008 c 319 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 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. 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, except as provided in
subsection (2) of this section. The ballot of the proposition shall
state the dollar rate proposed and shall clearly state the conditions,
if any, which are applicable under subsection (4) of this section.
(2)(a) Subject to statutory dollar limitations, a proposition
placed before the voters under this section may authorize annual
increases in levies for multiple consecutive years, up to six
consecutive years, during which period each year's authorized maximum
legal levy shall be used as the base upon which an increased levy limit
for the succeeding year is computed, but the ballot proposition must
state the dollar rate proposed only for the first year of the
consecutive years and must state the limit factor, or a specified index
to be used for determining a limit factor, such as the consumer price
index, which need not be the same for all years, by which the regular
tax levy for the district may be increased in each of the subsequent
consecutive years. Elections for this purpose must be held at a
primary or general election. The title of each ballot measure must
state the limited purposes for which the proposed annual increases
during the specified period of up to six consecutive years shall be
used((, and funds raised under the levy shall not supplant existing
funds used for these purposes)).
(b)(i) Except as otherwise provided in this subsection (2)(b),
funds raised by a levy under this subsection may not supplant existing
funds used for the limited purpose specified in the ballot title. For
purposes of this subsection, existing funds means the actual operating
expenditures for the calendar year in which the ballot measure is
approved by voters. Actual operating expenditures excludes lost
federal funds, lost or expired state grants or loans, extraordinary
events not likely to reoccur, changes in contract provisions beyond the
control of the taxing district receiving the services, and major
nonrecurring capital expenditures.
(ii) The supplanting limitations in (b)(i) of this subsection do
not apply to levies approved by the voters in calendar years 2009,
2010, and 2011, in any county with a population of one million five
hundred thousand or more. This subsection (2)(b)(ii) only applies to
levies approved by the voters after the effective date of this act.
(iii) The supplanting limitations in (b)(i) of this subsection do
not apply to levies approved by the voters in calendar year 2009 and
thereafter in any county with a population less than one million five
hundred thousand. This subsection (2)(b)(iii) only applies to levies
approved by the voters after the effective date of this act.
(3) After a levy authorized pursuant to this section is made, the
dollar amount of such levy may not be used for the purpose of computing
the limitations for subsequent levies provided for in this chapter,
unless the ballot proposition expressly states that the levy made under
this section will be used for this purpose.
(4) If expressly stated, a proposition placed before the voters
under subsection (1) or (2) of this section may:
(a) Use the dollar amount of a levy under subsection (1) of this
section, or the dollar amount of the final levy under subsection (2) of
this section, for the purpose of computing the limitations for
subsequent levies provided for in this chapter;
(b) Limit the period for which the increased levy is to be made
under (a) of this subsection;
(c) Limit the purpose for which the increased levy is to be made
under (a) of this subsection, 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;
(d) Set the levy or levies at a rate less than the maximum rate
allowed for the district; or
(e) Include any combination of the conditions in this subsection.
(5) Except as otherwise expressly stated in an approved ballot
measure under this section, subsequent levies shall be computed as if:
(a) The proposition 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 proposition.
Sec. 4 RCW 36.54.130 and 2007 c 223 s 6 are each amended 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,
except a ferry district in a county with a population of one million
five hundred thousand or more may not levy at a rate that exceeds seven
and one-half 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:
(a) Providing ferry services, including the purchase, lease, or
rental of ferry vessels and dock facilities;
(b) The operation, maintenance, and improvement of ferry vessels
and dock facilities;
(c) Providing shuttle services between the ferry terminal and
passenger parking facilities, and other landside improvements directly
related to the provision of passenger-only ferry service; and
(d) Related personnel costs.
NEW SECTION. Sec. 5 A new section is added to chapter 84.52 RCW
to read as follows:
(1) A county with a population of one million five hundred thousand
or more may impose an additional regular property tax levy in an amount
not to exceed seven and one-half cents per thousand dollars of the
assessed value of property in the county in accordance with the terms
of this section.
(2) Any tax imposed under this section shall be used as follows:
(a) The first one cent for expanding transit capacity along state
route number 520 by adding core and other supporting bus routes;
(b) The remainder for transit-related expenditures.
(3) The limitations in RCW 84.52.043 do not apply to the tax
authorized in this section.
(4) The limitation in RCW 84.55.010 does not apply to the first tax
levy imposed under this section.
Sec. 6 RCW 84.52.043 and 2005 c 122 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; (f)
the portions of levies by metropolitan park districts that are
protected under RCW 84.52.120; (g) levies imposed by ferry districts
under RCW 36.54.130; (h) levies for criminal justice purposes under RCW
84.52.135; ((and)) (i) the portions of levies by fire protection
districts that are protected under RCW 84.52.125; and (j) levies by
counties for transit-related purposes under section 5 of this act.
Sec. 7 RCW 84.52.010 and 2007 c 54 s 26 are each 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 RCW 36.54.130,
84.34.230, 84.52.069, 84.52.105, the portion of the levy by a
metropolitan park district that was protected under RCW 84.52.120,
84.52.125, ((and)) 84.52.135, and section 5 of this act, 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 county under section 5 of this act 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) 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 fire
protection district that is protected under RCW 84.52.125 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, the levy imposed by
a county under RCW 84.52.135 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;
(((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, the levy imposed by
a ferry district under RCW 36.54.130 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;
(((d))) (e) 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;
(((e))) (f) 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
(((f))) (g) 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, regional fire
protection service authorities, 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 and regional
fire protection service authorities under RCW 52.26.140(1) (b) and (c)
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, regional fire protection
service authorities under RCW 52.26.140(1)(a), 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.
NEW SECTION. Sec. 8 Sections 1 and 2 of this act expire January
1, 2015."
Correct the title.
EFFECT: Allows counties to use the county public safety sales and use tax to partially supplant existing funds until January 1, 2015. Allows counties to use the mental health/chemical dependency sales and use tax to partially supplant existing funds until January 1, 2015. Allows multiyear lid lifts to supplant existing funds. (In King County, this is allowed only for lid lifts approved in 2009, 2010, and 2011.) Authorizes an additional property tax in King County of 7.5 cents to fund transit projects. Limits the ferry district property tax in King County to 7.5 cents.