H-3532              _______________________________________________

                                         HOUSE JOINT RESOLUTION NO. 4225

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives H. Sommers, Schoon, Peery, Holland, Valle, Brough, Wang, Heavey, Winsley, Betrozoff, Cole, Miller, Jacobsen, Braddock, Fraser, Nelson, Prentice, Anderson, Basich, Phillips, Rector, Kremen, May, Ferguson, Appelwick, Rasmussen, Todd amd Spanel

Read first time 1/17/90 and referred to Committee on Capital Facilities & Financing.

BE IT RESOLVED, BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON, IN LEGISLATIVE SESSION ASSEMBLED:

          THAT, At the next primary election in September 1990, to be held in this state there shall be submitted to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article VII, section 2, of the Constitution of the state of Washington to read as follows:

Article VII, section 2.          Except as hereinafter provided and notwithstanding any other provision of this Constitution, the aggregate of all tax levies upon real and personal property by the state and all taxing districts now existing or hereafter created, shall not in any year exceed one ((per centum)) percent of the true and fair value of such property in money:  PROVIDED, HOWEVER, That nothing herein shall prevent levies at the rates now provided by law by or for any port or public utility district, nor a levy by the state for collection in 1991 through 1998 only, at a rate not exceeding two-tenths of one percent, for modernization and replacement of common school buildings.  The term "taxing district" for the purposes of this section shall mean any political subdivision, municipal corporation, district, or other governmental agency authorized by law to levy, or have levied for it, ad valorem taxes on property, other than a port or public utility district.  Such aggregate limitation or any specific limitation imposed by law in conformity therewith may be exceeded only

          (a)  By any taxing district when specifically authorized so to do by a majority of at least three-fifths of the electors thereof voting on the proposition to levy such additional tax submitted not more than twelve months prior to the date on which the proposed levy is to be made and not oftener than twice in such twelve month period, either at a special election or at the regular election of such taxing district, at which election the number of persons voting  "yes" on the proposition shall constitute three-fifths of a number equal to forty ((per centum)) percent of the total votes cast in such taxing district at the last preceding general election when the number of electors voting on the proposition does not exceed forty ((per centum)) percent of the total votes cast in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the electors thereof voting on the proposition to levy when the number of electors voting on the proposition exceeds forty ((percentum)) percent of the total votes cast in such taxing district in the last preceding general election:  PROVIDED, That notwithstanding any other provision of this Constitution, any proposition pursuant to this subsection to levy additional tax for the support of the common schools may provide such support for a two year period and any proposition to levy an additional tax to support the construction, modernization, or remodelling of school facilities may provide such support for a period not exceeding six years;

          (b)  By any taxing district otherwise authorized by law to issue general obligation bonds for capital purposes, for the sole purpose of making the required payments of principal and interest on general obligation bonds issued solely for capital purposes, other than the replacement of equipment, when authorized so to do by majority of at least three-fifths of the electors thereof voting on the proposition to issue such bonds and to pay the principal and interest thereon by an annual tax levy in excess of the limitation herein provided during the term of such bonds, submitted not oftener than twice in any calendar year, at an election held in the manner provided by law for bond elections in such taxing district, at which election the total number of persons voting on the proposition shall constitute not less than forty ((per centum)) percent of the total number of votes cast in such taxing district at the last preceding general election:   PROVIDED, That any such taxing district shall have the right by vote of its governing body to refund any general obligation bonds of said district issued for capital purposes only, and to provide for the interest thereon and amortization thereof by annual levies in excess of the tax limitation provided for herein, AND PROVIDED FURTHER, That the provisions of this section shall also be subject to the limitations contained in Article VIII, Section 6, of this Constitution;

          (c)  By the state or any taxing district for the purpose of paying the principal or interest on general obligation bonds outstanding on December 6, 1934; or for the purpose of preventing the impairment of the obligation of a contract when ordered so to do by a court of last resort.

BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of the foregoing constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.