BILL REQ. #: H-0413.3
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/18/11. Referred to Committee on Community Development & Housing.
AN ACT Relating to increasing the flexibility for industrial development district levies for public port districts; amending RCW 53.36.100; adding a new section to chapter 84.55 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 53.36.100 and 1994 c 278 s 1 are each amended to read
as follows:
(1)(a) A port district having adopted a comprehensive scheme of
harbor improvements and industrial developments may thereafter raise
revenue((, for six years only)) through a multiyear annual levy if it
meets the requirements of (b) of this subsection, and a second ((six
years)) multiyear annual levy if the ((procedures)) requirements are
followed under (b) of this subsection and subsection (((2))) (4) of
this section((, in addition to all other revenues now authorized by
law, by an annual levy not to exceed forty-five cents per thousand
dollars of assessed value against the assessed valuation of the taxable
property in such port district)). The levies authorized under this
subsection may not be imposed concurrently.
(b)(i) The levies authorized in (a) of this subsection are subject
to the following requirements: (A) The aggregate revenue that may be
collected over the levy period may not exceed two dollars and seventy
cents multiplied by the assessed valuation of the taxable property in
the port district for taxes collected in the base year; (B) the levy
amount in any year may not exceed forty-five cents per thousand dollars
of assessed value against the assessed valuation of the taxable
property in such port district; (C) the levy period may not exceed
twenty years from the date the initial levy is made; and (D) the port
district must adopt a resolution during the base year approving the use
of the extended levy period.
(ii) For the purposes of this subsection, "base year" means the
year prior to the first collection year in the levy period.
(2) In addition, if voters approve a ballot proposition authorizing
additional levies by a simple majority vote, a port district located in
a county bordering on the Pacific Ocean having adopted a comprehensive
scheme of harbor improvements and industrial developments may impose
these levies for a third ((six-year)) levy period that may not exceed
six years. ((Said)) The levies ((shall)) must be used exclusively for
the exercise of the powers granted to port districts under chapter
53.25 RCW except as provided in RCW 53.36.110.
(3) The levy of such taxes under this section is herein authorized
notwithstanding the provisions of RCW 84.52.050 and 84.52.043. The
revenues derived from levies made under RCW 53.36.100 and 53.36.110 not
expended in the year in which the levies are made may be paid into a
fund for future use in carrying out the powers granted under chapter
53.25 RCW, which fund may be accumulated and carried over from year to
year, with the right to continue to levy the taxes provided for in RCW
53.36.100 and 53.36.110 for the purposes herein authorized.
(((2))) (4) If a port district intends to levy a tax under this
section for one or more years after the first ((six years these levies
were imposed)) levy period, the port commission ((shall)) must publish
notice of this intention, in one or more newspapers of general
circulation within the district, by ((June)) April 1 of the year in
which the first levy ((of the seventh through twelfth year)) in the
second levy period is to be made. If within ninety days of the date of
publication a petition is filed with the county auditor containing the
signatures of eight percent of the number of voters registered and
voting in the port district for the office of the governor at the last
preceding gubernatorial election, the county auditor ((shall)) must
canvass the signatures in the same manner as prescribed in RCW
((29.79.200)) 29A.72.230 and certify their sufficiency to the port
commission within two weeks. The proposition to make these levies in
the ((seventh through twelfth year)) second levy period ((shall)) must
be submitted to the voters of the port district at a special election,
called for this purpose, no later than the date on which a primary
election would be held under RCW ((29.13.070)) 29A.04.310. The levies
may be made in the ((seventh through twelfth year)) second levy period
only if approved by a majority of the voters of the port district
voting on the proposition.
NEW SECTION. Sec. 2 A new section is added to chapter 84.55 RCW
to read as follows:
RCW 84.55.010 does not apply to a levy under RCW 53.36.100 levied
for collection on or after January 1, 2012.
NEW SECTION. Sec. 3 Section 1 of this act does not apply to a
port district levying a tax under RCW 53.36.100 as of the effective
date of this act. However, such port district may impose a levy in
accordance with section 1 of this act for a second levy period.