SSB 6130 -
By Senators Hargrove, Hatfield, Brown
ADOPTED 02/10/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 43.135
RCW to read as follows:
In order to preserve funding for education, public safety, health
care, and safety net services for elderly, disabled, and vulnerable
people, it is the intent of the legislature to provide a means to
stabilize revenue collections.
Sec. 2 RCW 43.135.031 and 2008 c 1 s 2 are each amended to read
as follows:
(1) After July 1, 2011, for any bill introduced in either the house
of representatives or the senate that raises taxes as defined by RCW
43.135.035 or increases fees, the office of financial management must
expeditiously determine its cost to the taxpayers in its first ten
years of imposition, must promptly and without delay report the results
of its analysis by public press release via e-mail to each member of
the house of representatives, each member of the senate, the news
media, and the public, and must post and maintain these releases on its
web site. Any ten-year cost projection must include a year-by-year
breakdown. For any bill containing more than one revenue source, a
ten-year cost projection for each revenue source will be included along
with the bill's total ten-year cost projection. The press release
shall include the names of the legislators, and their contact
information, who are sponsors and cosponsors of the bill so they can
provide information to, and answer questions from, the public.
(2) After July 1, 2011, any time any legislative committee
schedules a public hearing on a bill that raises taxes as defined by
RCW 43.135.035 or increases fees, the office of financial management
must promptly and without delay report the results of its most
up-to-date analysis of the bill required by subsection (1) of this
section and the date, time, and location of the hearing by public press
release via e-mail to each member of the house of representatives, each
member of the senate, the news media, and the public, and must post and
maintain these releases on its web site. The press release required by
this subsection must include all the information required by subsection
(1) of this section and the names of the legislators, and their contact
information, who are members of the legislative committee conducting
the hearing so they can provide information to, and answer questions
from, the public.
(3) After July 1, 2011, each time a bill that raises taxes as
defined by RCW 43.135.035 or increases fees is approved by any
legislative committee or by at least a simple majority in either the
house of representatives or the senate, the office of financial
management must expeditiously reexamine and redetermine its ten-year
cost projection due to amendment or other changes during the
legislative process, must promptly and without delay report the results
of its most up-to-date analysis by public press release via e-mail to
each member of the house of representatives, each member of the senate,
the news media, and the public, and must post and maintain these
releases on its web site. Any ten-year cost projection must include a
year-by-year breakdown. For any bill containing more than one revenue
source, a ten-year cost projection for each revenue source will be
included along with the bill's total ten-year cost projection. The
press release shall include the names of the legislators, and their
contact information, and how they voted on the bill so they can provide
information to, and answer questions from, the public.
(4) For the purposes of this section, "names of legislators, and
their contact information" includes each legislator's position (senator
or representative), first name, last name, party affiliation (for
example, Democrat or Republican), city or town they live in, office
phone number, and office e-mail address.
(5) For the purposes of this section, "news media" means any member
of the press or media organization, including newspapers, radio, and
television, that signs up with the office of financial management to
receive the public press releases by e-mail.
(6) For the purposes of this section, "the public" means any
person, group, or organization that signs up with the office of
financial management to receive the public press releases by e-mail.
Sec. 3 RCW 43.135.035 and 2009 c 479 s 36 are each amended to
read as follows:
(1) After July 1, ((1995)) 2011, any action or combination of
actions by the legislature that raises taxes may be taken only if
approved by a two-thirds vote of each house of the legislature, and
then only if state expenditures in any fiscal year, including the new
revenue, will not exceed the state expenditure limits established under
this chapter. Pursuant to the referendum power set forth in Article
II, section 1(b) of the state Constitution, tax increases may be
referred to the voters for their approval or rejection at an election.
(2)(a) If the legislative action under subsection (1) of this
section will result in expenditures in excess of the state expenditure
limit, then the action of the legislature shall not take effect until
approved by a vote of the people at a November general election. The
state expenditure limit committee shall adjust the state expenditure
limit by the amount of additional revenue approved by the voters under
this section. This adjustment shall not exceed the amount of revenue
generated by the legislative action during the first full fiscal year
in which it is in effect. The state expenditure limit shall be
adjusted downward upon expiration or repeal of the legislative action.
(b) The ballot title for any vote of the people required under this
section shall be substantially as follows:
"Shall taxes be imposed on . . . . . . . in order to allow a
spending increase above last year's authorized spending adjusted for
personal income growth?"
(3)(a) The state expenditure limit may be exceeded upon declaration
of an emergency for a period not to exceed twenty-four months by a law
approved by a two-thirds vote of each house of the legislature and
signed by the governor. The law shall set forth the nature of the
emergency, which is limited to natural disasters that require immediate
government action to alleviate human suffering and provide humanitarian
assistance. The state expenditure limit may be exceeded for no more
than twenty-four months following the declaration of the emergency and
only for the purposes contained in the emergency declaration.
(b) Additional taxes required for an emergency under this section
may be imposed only until thirty days following the next general
election, unless an extension is approved at that general election.
The additional taxes shall expire upon expiration of the declaration of
emergency. The legislature shall not impose additional taxes for
emergency purposes under this subsection unless funds in the education
construction fund have been exhausted.
(c) The state or any political subdivision of the state shall not
impose any tax on intangible property listed in RCW 84.36.070 as that
statute exists on January 1, 1993.
(4) If the cost of any state program or function is shifted from
the state general fund to another source of funding, or if moneys are
transferred from the state general fund to another fund or account, the
state expenditure limit committee, acting pursuant to RCW
43.135.025(5), shall lower the state expenditure limit to reflect the
shift. For the purposes of this section, a transfer of money from the
state general fund to another fund or account includes any state
legislative action taken that has the effect of reducing revenues from
a particular source, where such revenues would otherwise be deposited
into the state general fund, while increasing the revenues from that
particular source to another state or local government account. This
subsection does not apply to: (a) The dedication or use of lottery
revenues under RCW 67.70.240(3), in support of education or education
expenditures; or (b) a transfer of moneys to, or an expenditure from,
the budget stabilization account.
(5) If the cost of any state program or function and the ongoing
revenue necessary to fund the program or function are shifted to the
state general fund on or after January 1, 2007, the state expenditure
limit committee, acting pursuant to RCW 43.135.025(5), shall increase
the state expenditure limit to reflect the shift unless the shifted
revenue had previously been shifted from the general fund.
(6) For the purposes of chapter 1, Laws of 2008, "raises taxes"
means any action or combination of actions by the legislature that
increases state tax revenue deposited in any fund, budget, or account,
regardless of whether the revenues are deposited into the general fund.
Sec. 4 RCW 43.135.041 and 2008 c 1 s 6 are each amended to read
as follows:
(1)(a) After July 1, 2011, if legislative action raising taxes as
defined by RCW 43.135.035 is blocked from a public vote or is not
referred to the people by a referendum petition found to be sufficient
under RCW 29A.72.250, a measure for an advisory vote of the people is
required and shall be placed on the next general election ballot under
chapter 1, Laws of 2008.
(((a))) (b) If legislative action raising taxes enacted after July
1, 2011, involves more than one revenue source, each tax being
increased shall be subject to a separate measure for an advisory vote
of the people under the requirements of chapter 1, Laws of 2008.
(2) No later than the first of August, the attorney general will
send written notice to the secretary of state of any tax increase that
is subject to an advisory vote of the people, under the provisions and
exceptions provided by chapter 1, Laws of 2008. Within five days of
receiving such written notice from the attorney general, the secretary
of state will assign a serial number for a measure for an advisory vote
of the people and transmit one copy of the measure bearing its serial
number to the attorney general as required by RCW 29A.72.040, for any
tax increase identified by the attorney general as needing an advisory
vote of the people for that year's general election ballot. Saturdays,
Sundays, and legal holidays are not counted in calculating the time
limits in this subsection.
(3) For the purposes of this section, "blocked from a public vote"
includes adding an emergency clause to a bill increasing taxes, bonding
or contractually obligating taxes, or otherwise preventing a referendum
on a bill increasing taxes.
(4) If legislative action raising taxes is referred to the people
by the legislature or is included in an initiative to the people found
to be sufficient under RCW 29A.72.250, then the tax increase is exempt
from an advisory vote of the people under chapter 1, Laws of 2008.
NEW SECTION. Sec. 5 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."
SSB 6130 -
By Senators Hargrove, Hatfield, Brown
ADOPTED 02/10/2010
On page 1, line 1 of the title, after "ACT" strike the remainder of the title and insert "Relating to amending provisions related to Initiative No. 960; amending RCW 43.135.031, 43.135.035, and 43.135.041; adding a new section to chapter 43.135 RCW; and declaring an emergency."
EFFECT: Strikes the underlying text. After July 1, 2011, notices and cost projections are required for bills which raise taxes or increase fees. After July 1, 2011, two-thirds majority is required to raise taxes. After July 1, 2011, a tax advisory vote is required for any tax increase not referred to voters or otherwise blocked from public vote. Provides an emergency clause, taking effect immediately.