BILL REQ. #: H-0222.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/13/11. Referred to Committee on State Government & Tribal Affairs.
AN ACT Relating to ballot title information; and amending RCW 29A.36.071, 29A.36.210, 84.52.054, and 84.55.050.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 29A.36.071 and 2006 c 311 s 9 are each amended to read
as follows:
(1) Except as provided to the contrary in RCW 82.14.036, 82.46.021,
or 82.80.090, the ballot title of any referendum filed on an enactment
or portion of an enactment of a local government and any other question
submitted to the voters of a local government consists of three
elements: (a) An identification of the enacting legislative body and
a statement of the subject matter; (b) a concise description of the
measure; and (c) a question. If the referendum or question relates to
a property tax levy, the ballot title must state that the levy is new
or a replacement and include a comparison of the financial impact from
a taxing district's prior year levy, if any, and the current ballot, in
both dollar and percentage change terms. Ballot questions related to
multiple year levies must include an estimate of the financial impact
in the first year of the proposed levy as compared to the taxing
district's prior year levy, if any, in both dollar and percentage
terms. Ballot questions under RCW 84.55.050 must include an estimate
of the financial impact in the first year of the levy increase as
compared to the taxing district's last levy, in both dollar and
percentage terms. The ballot title must conform with the requirements
and be displayed substantially as provided under RCW 29A.72.050, except
that the concise description must not exceed ((seventy)) eighty-five
words; however, a concise description submitted on behalf of a proposed
or existing regional transportation investment district may exceed
((seventy)) eighty-five words. If the local governmental unit is a
city or a town, the concise statement shall be prepared by the city or
town attorney. If the local governmental unit is a county, the concise
statement shall be prepared by the prosecuting attorney of the county.
If the unit is a unit of local government other than a city, town, or
county, the concise statement shall be prepared by the prosecuting
attorney of the county within which the majority area of the unit is
located.
(2) A referendum measure on the enactment of a unit of local
government shall be advertised in the manner provided for nominees for
elective office.
(3) Subsection (1) of this section does not apply if another
provision of law specifies the ballot title for a specific type of
ballot question or proposition.
Sec. 2 RCW 29A.36.210 and 2010 c 106 s 301 are each amended to
read as follows:
(1) The ballot proposition authorizing a taxing district to impose
the regular property tax levies authorized in RCW 36.68.525, 36.69.145,
67.38.130, 84.52.069, or 84.52.135 must contain in substance the
following:
"Will the . . . . . . (insert the name of the taxing district) be
authorized to impose regular property tax levies of . . . . . . (insert
the maximum rate) or less per thousand dollars of assessed valuation
for each of . . . . . . (insert the maximum number of years allowable)
consecutive years, an increase of . . . . (insert dollar amount), . .
. . (insert # %), from the previous year's levy?
Yes. . . . . . . . . . . . □
No . . . . . . . . . . . . □"
Each voter may indicate either "Yes" or "No" on his or her ballot
in accordance with the procedures established under this title.
(2) The ballot proposition authorizing a taxing district to impose
a permanent regular tax levy under RCW 84.52.069 must contain in
substance the following:
"Will the . . . . . (insert the name of the taxing district) be
authorized to impose a PERMANENT regular property levy of . . . . .
(insert the maximum rate) or less per thousand dollars of assessed
valuation, an increase of . . . . (insert dollar amount), . . . .
(insert # %), from the previous year's levy?
Yes. . . . . . . . . . . . □
No . . . . . . . . . . . . □"
(3) In addition to the requirements of subsections (1) and (2) of
this section, the ballot proposition must include a comparison of the
financial impact from a taxing district's prior year levy, if any, and
the current ballot, in both dollar and percentage change terms. Ballot
questions related to multiple year levies must include an estimate of
the financial impact in the first year of the proposed levy as compared
to the taxing district's prior year levy, if any, in both dollar and
percentage terms.
Sec. 3 RCW 84.52.054 and 2007 c 54 s 27 are each amended to read
as follows:
The additional tax provided for in Article VII, section 2 of the
state Constitution, and specifically authorized by RCW 84.52.052,
84.52.053, 84.52.0531, and 84.52.130, shall be set forth in terms of
dollars on the ballot of the proposition to be submitted to the voters,
together with an estimate of the dollar rate of tax levy that will be
required to produce the dollar amount((; and)). The ballot proposition
must state that the levy is new or a replacement and include a
comparison of the financial impact from a taxing district's prior year
levy, if any, and the current ballot, in both dollar and percentage
change terms. Ballot questions related to multiple year levies must
include an estimate of the financial impact in the first year of the
proposed levy as compared to the taxing district's prior year's levy,
if any, in both dollar and percentage terms. The county assessor, in
spreading this tax upon the rolls, shall determine the eventual dollar
rate required to produce the amount of dollars so voted upon,
regardless of the estimate of dollar rate of tax levy carried in said
proposition. In the case of a school district or fire protection
district proposition for a particular period, the dollar amount and the
corresponding estimate of the dollar rate of tax levy shall be set
forth for each of the years in that period. The dollar amount for each
annual levy in the particular period may be equal or in different
amounts.
Sec. 4 RCW 84.55.050 and 2009 c 551 s 3 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 and
must conform with the requirements of RCW 29A.36.071.
(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
conform with the requirements of RCW 29A.36.071 and 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.
(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 July 26, 2009.
(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 July 26, 2009.
(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.