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NEW SECTION. Sec. 1. A new section is added to chapter
53.08 RCW to read as follows:
(1) Two or more port districts, operating under a mutual agreement pursuant to RCW
53.08.240, may levy and collect jointly the property tax assessments authorized under RCW
53.36.020 under the following conditions:
(a) The port districts are adjacent, and the boundaries of the port districts are coextensive with county boundaries;
(b) The commissioners of each port district have, no later than July 1st, and by at least a two-thirds margin, voted to conduct a joint property tax levy for collection in the following year and for subsequent years, until such time as the commissioners of each port district have voted to discontinue the joint property tax levy;
(c) The joint property tax levy has been approved by a majority of voters at special elections called under RCW
29A.04.330 by the port district commissioners of the port districts that propose to conduct the joint property tax levy. The special elections within each port district must be held on the same day. If the certified election results show that a majority of the total votes cast among all the port districts participating in the special elections approve the joint property tax levy, then the joint levy shall be deemed approved. Once voters have approved the conduct of a joint property tax levy, the conduct of a joint levy in subsequent consecutive years does not require voter approval; and
(d) The joint property tax rate imposed is the same in each participating port district.
(2)(a) Two or more port districts that are jointly levying and collecting property taxes as provided for under subsection (1) of this section are considered a "taxing district" under RCW
84.04.120.
(b) The commissioners of the port districts that are jointly levying and collecting property taxes under subsection (1) of this section are considered the governing body of the districts for the purposes of RCW
84.55.120.
(3)(a) Port districts that are jointly levying and collecting property taxes as provided for in subsection (1) of this section may not independently conduct a property tax levy under RCW
53.36.020, except as provided in (b) of this subsection.
(b) Port districts conducting a joint levy may independently approve a property tax levy under RCW
53.36.020 to the extent needed to provide for payment of principal and interest on general bonded indebtedness.
(4)(a) Notwithstanding RCW
84.55.035, when conducting a joint property tax levy, the first joint levy amount must be set as provided for in RCW
84.55.020 as if the port districts had consolidated. Subsequent joint levies are subject to the limitations in RCW
84.55.010.
(b) Any increase in the property tax revenue by the jointly taxing port districts may only be authorized pursuant to RCW
84.55.120, except that any such increase must be approved by at least two-thirds of the commissioners of each of the port districts.
(c) Port districts that are jointly levying and collecting property taxes may conduct a levy in an amount exceeding the limitations provided for in chapter
84.55 RCW as provided for in RCW
84.55.050, except that such a levy may only be conducted if approved by a majority of voters in each port district participating in the joint property tax levy.
(5) The separate obligations of each of the port districts conducting a joint property tax levy shall not be affected by the conduct of the joint levy, and shall remain the responsibility of the individual port district subject to the obligation. Taxes and assessments for payment of such obligations shall continue to be levied and collected as provided for in subsection (3)(b) of this section in each port district notwithstanding the joint property tax levy. While any such obligations remain outstanding, funds subject to such obligations shall be kept separate.
(6)(a) In the event that two or more port districts operating under a mutual agreement pursuant to RCW
53.08.240 cease to operate under the agreement, the joint debts and assets of the port districts must be divided as provided for in the agreement. If no provision for such division was made, the debts and assets must be divided amongst the port districts in the same proportion as the property tax assessments were divided amongst the districts.
(b) The first property tax levy conducted by a port district after it ceases to conduct a joint property tax levy with another port district must be set so that the levy does not exceed the port district's proportional share of the last levy jointly conducted with one or more other port districts plus additional increases allowed under RCW
84.55.010.
(2) Provides that the vote of port district commissioners required to authorize a joint property tax levy may authorize the collection of such a levy in the following year and in subsequent years, until the port district commissioners vote to discontinue the joint property tax levy.
(3) Requires that in order for a joint property tax levy to be conducted, a majority of the total number of voters among all of the port districts that propose to participate in the joint levy approve the joint levy at special elections called for the purpose, and provides that, once approved, subsequent voter approval is not needed to authorize joint levies in subsequent consecutive years.
(4) Removes provision requiring that the joint property tax levy imposed within the port districts not exceed the rate at which a port district could conduct an individual levy.
(5) Provides that the commissioners of the port districts that are jointly levying and collecting property taxes are considered the governing body of the districts for the purposes of authorizing property tax increases.
(6) Prohibits port districts conducting a joint property tax levy from independently conducting a regular property tax levy, except that such taxes and assessments must continue to the extent needed to provide for payment on principal and interest of general bonded indebtedness.
(7) Requires that the initial amount of the joint property tax levy be set using the procedures applicable to taxing districts that consolidate.
(8) Authorizes a joint property tax levy to exceed statutory levy limitations if a majority of voters in each port district participating in the joint levy approve the proposal to exceed the limitations.
(9) Removes provisions specifying how a joint property tax levy is conducted.
(10) Provides that the separate obligations of each of the port districts conducting a joint property tax levy are unaffected by the joint levy and remain the responsibility of the port district subject to the obligation, and requires that funds subject to such obligations be kept separate.
(11) Provides that the first property tax levy conducted by an individual port district after it ceases to conduct a joint property tax levy with another district be set so that the levy does not exceed the port district's proportional share of the last joint levy plus additional increases in assessed property value that are calculated outside of the property tax limit factor.