SB 6843 -
By Senators Hargrove, Hatfield
ADOPTED 02/09/2010
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 43.135.035 and 2009 c 479 s 36 are each amended to
read as follows:
(1)(a) After July 1, 1995, 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. The requirements of
this subsection (1)(a) do not apply to any action or combination of
actions described in (b) of this subsection.
(b)(i) In order to preserve funding for education, public safety,
health care, and safety net services for elderly, disabled, and
vulnerable people during the unprecedented economic crisis in the 2009-2011 fiscal biennium, it is the intent of the legislature to provide a
temporary means to stabilize revenue collections.
(ii) For legislation enacted between the effective date of this
section and July 1, 2011, any action or combination of actions by the
legislature that raises taxes may be taken with the approval of a
majority of members elected to each house of the legislature.
(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.
NEW SECTION. Sec. 2 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."
SB 6843 -
By Senators Hargrove, Hatfield
ADOPTED 02/09/2010
On page 1, line 4 of the title, after "budgeting;" strike the remainder of the title and insert "amending RCW 43.135.035; and declaring an emergency."
EFFECT: Strikes the underlying bill. Provides legislative intent related to raising revenue in the 2009-2011 fiscal biennium. From the effective date through July 1, 2011, any action or combination of actions by the legislature that raises taxes may be taken with the approval of a majority of members elected to each house of the legislature. The bill has an emergency clause and would take effect immediately.