HOUSE BILL REPORT

HJR 4228

BYRepresentatives Peery, Betrozoff and Pruitt

Changing voting validation requirements for bonds for capital purposes

House Committe on Capital Facilities & Financing

Majority Report:  Do pass.  (13)

      Signed by Representatives H. Sommers, Chair; Rasmussen, Vice Chair; Schoon, Ranking Republican Member; Beck, Betrozoff, Bowman, Fraser, Heavey, Jacobsen, Peery, Rector, Wang and Winsley.

House Staff:Bill Robinson (786-7140)

AS PASSED HOUSE FEBRUARY 9, 1990

BACKGROUND:

Article VII of the State Constitution places restrictions on tax levies imposed by the state and all other taxing districts.  State and local property taxes shall not exceed 1 percent of the true and fair value of the property.  The 1 percent limit may be exceeded only if approved by a vote of the public.

Maintenance and operating levies may exceed the 1 percent limit if:

1.  The total number of votes cast in the levy election is at least 24 percent of the votes cast the previous general election, and;

2.  The number of "yes" votes is equal to at least 24 percent of the votes cast in the previous general election or at least 60 percent of the votes in the levy election.

Bond levies for capital purposes may exceed the 1 percent limit if:

1.  The total number of votes cast in the levy election is at least 40 percent of the votes cast in the previous general election, and;

2.  The number of "yes" votes is equal to at least 60 percent of the votes in the levy election.

The 40 percent voter turnout requirement for bond levies is sometimes difficult to achieve in a special election, particularly after a popular presidential election.  The 40 percent turnout requirement also permits voters to oppose a bond levy simply by not voting rather than voting against the measure.

SUMMARY:

A constitutional amendment is submitted to the voters for their approval or rejection.  The amendment changes the validation requirement for local bond levies to match the requirements for maintenance and operation levies.  The required voter turn-out rate from the prior general election is changed from 40 percent to 24 percent, and the yes vote requirement is changed from 60 percent to 24 percent of the votes cast in the prior November election or at least 60 percent of the votes in the levy election.

House Committee ‑ Testified For:    Dwayne Slate, Washington State School Directors Association

House Committee - Testified Against:      No one.

House Committee - Testimony For:    This bill simply changes the validation requirements for school bond levies, so that the language matches the validation requirements for maintenance and operation levies.  A bond levy should be approved or rejected by the voters in the district and not defeated by people who choose not to vote.

House Committee - Testimony Against:      None.