Passed by the Senate February 14, 2012 YEAS 32   ________________________________________ President of the Senate Passed by the House February 29, 2012 YEAS 72   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5381 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 01/25/12.
AN ACT Relating to adjusting voting requirements for the renewal of emergency medical service levies; and amending RCW 84.52.069.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 84.52.069 and 2011 c 365 s 2 are each amended to read
as follows:
(1) As used in this section, "taxing district" means a county,
emergency medical service district, city or town, public hospital
district, urban emergency medical service district, regional fire
protection service authority, or fire protection district.
(2) Except as provided in subsection (10) of this section, a taxing
district may impose additional regular property tax levies in an amount
equal to fifty cents or less per thousand dollars of the assessed value
of property in the taxing district. The tax ((shall be)) is imposed
(a) each year for six consecutive years, (b) each year for ten
consecutive years, or (c) permanently. A permanent tax levy under this
section, or the initial imposition of a six-year or ten-year levy under
this section, must be specifically authorized by a majority of at least
three-fifths of the registered voters thereof approving a proposition
authorizing the levies submitted at a general or special election, at
which election the number of persons voting "yes" on the proposition
shall constitute three-fifths of a number equal to forty percent of the
total number of voters voting in such taxing district at the last
preceding general election when the number of registered voters voting
on the proposition does not exceed forty percent of the total number of
voters voting in such taxing district in the last preceding general
election; or by a majority of at least three-fifths of the registered
voters thereof voting on the proposition when the number of registered
voters voting on the proposition exceeds forty percent of the total
number of voters voting in such taxing district in the last preceding
general election. The uninterrupted continuation of a six-year or ten-year tax levy under this section must be specifically authorized by a
majority of the registered voters thereof approving a proposition
authorizing the levies submitted at a general or special election.
Ballot propositions must conform with RCW 29A.36.210. A taxing
district may not submit to the voters at the same election multiple
propositions to impose a levy under this section.
(3) A taxing district imposing a permanent levy under this section
shall provide for separate accounting of expenditures of the revenues
generated by the levy. The taxing district must maintain a statement
of the accounting which must be updated at least every two years and
must be available to the public upon request at no charge.
(4)(a) A taxing district imposing a permanent levy under this
section must provide for a referendum procedure to apply to the
ordinance or resolution imposing the tax. This referendum procedure
must specify that a referendum petition may be filed at any time with
a filing officer, as identified in the ordinance or resolution. Within
ten days, the filing officer must confer with the petitioner concerning
form and style of the petition, issue the petition an identification
number, and secure an accurate, concise, and positive ballot title from
the designated local official. The petitioner has thirty days in which
to secure the signatures of not less than fifteen percent of the
registered voters of the taxing district, as of the last general
election, upon petition forms which contain the ballot title and the
full text of the measure to be referred. The filing officer must
verify the sufficiency of the signatures on the petition and, if
sufficient valid signatures are properly submitted, must certify the
referendum measure to the next election within the taxing district if
one is to be held within one hundred eighty days from the date of
filing of the referendum petition, or at a special election to be
called for that purpose in accordance with RCW 29A.04.330.
(b) The referendum procedure provided in this subsection (4) is
exclusive in all instances for any taxing district imposing the tax
under this section and supersedes the procedures provided under all
other statutory or charter provisions for initiative or referendum
which might otherwise apply.
(5) Any tax imposed under this section may be used only for the
provision of emergency medical care or emergency medical services,
including related personnel costs, training for such personnel, and
related equipment, supplies, vehicles and structures needed for the
provision of emergency medical care or emergency medical services.
(6) If a county levies a tax under this section, no taxing district
within the county may levy a tax under this section. If a regional
fire protection service authority imposes a tax under this section, no
other taxing district that is a participating fire protection
jurisdiction in the regional fire protection service authority may levy
a tax under this section. No other taxing district may levy a tax
under this section if another taxing district has levied a tax under
this section within its boundaries: PROVIDED, That if a county levies
less than fifty cents per thousand dollars of the assessed value of
property, then any other taxing district may levy a tax under this
section equal to the difference between the rate of the levy by the
county and fifty cents: PROVIDED FURTHER, That if a taxing district
within a county levies this tax, and the voters of the county
subsequently approve a levying of this tax, then the amount of the
taxing district levy within the county must be reduced, when the
combined levies exceed fifty cents. Whenever a tax is levied
countywide, the service must, insofar as is feasible, be provided
throughout the county: PROVIDED FURTHER, That no countywide levy
proposal may be placed on the ballot without the approval of the
legislative authority of each city exceeding fifty thousand population
within the county: AND PROVIDED FURTHER, That this section and RCW
36.32.480 shall not prohibit any city or town from levying an annual
excess levy to fund emergency medical services: AND PROVIDED, FURTHER,
That if a county proposes to impose tax levies under this section, no
other ballot proposition authorizing tax levies under this section by
another taxing district in the county may be placed before the voters
at the same election at which the county ballot proposition is placed:
AND PROVIDED FURTHER, That any taxing district emergency medical
service levy that is limited in duration and that is authorized
subsequent to a county emergency medical service levy that is limited
in duration, expires concurrently with the county emergency medical
service levy. A fire protection district that has annexed an area
described in subsection (10) of this section may levy the maximum
amount of tax that would otherwise be allowed, notwithstanding any
limitations in this subsection (6).
(7) The limitations in RCW 84.52.043 do not apply to the tax levy
authorized in this section.
(8) If a ballot proposition approved under subsection (2) of this
section did not impose the maximum allowable levy amount authorized for
the taxing district under this section, any future increase up to the
maximum allowable levy amount must be specifically authorized by the
voters in accordance with subsection (2) of this section at a general
or special election.
(9) The limitation in RCW 84.55.010 does not apply to the first
levy imposed pursuant to this section following the approval of such
levy by the voters pursuant to subsection (2) of this section.
(10) For purposes of imposing the tax authorized under this
section, the boundary of a county with a population greater than one
million five hundred thousand does not include all of the area of the
county that is located within a city that has a boundary in two
counties, if the locally assessed value of all the property in the area
of the city within the county having a population greater than one
million five hundred thousand is less than two hundred fifty million
dollars.
(11) For purposes of this section, the following definitions apply:
(a) "Fire protection jurisdiction" means a fire protection
district, city, town, Indian tribe, or port district; and
(b) "Participating fire protection jurisdiction" means a fire
protection district, city, town, Indian tribe, or port district that is
represented on the governing board of a regional fire protection
service authority.