4204-S.E AAS 4/19/93 S3065.2
ESHJR 4204 - S COMM AMD
By Committee on Education
ADOPTED 4/13/93; BILL FAILED FP 4/19/93
On page 1, after line 2, strike everything through "effect." on page 4, line 16 and insert the following:
"THAT, At the next general election 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 and Article VIII, section 6 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 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. 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)) voters thereof
voting on the proposition to levy such additional tax submitted not more than
twelve months prior to the date on which the proposed initial 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)) voters voting "yes"
on the proposition shall constitute three‑fifths of a number equal to
forty per centum of the total ((votes cast)) number of voters voting
in such taxing district at the last preceding general election when the number
of ((electors)) voters voting on the proposition does not exceed
forty per centum of the total ((votes cast)) 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 ((electors)) voters
thereof voting on the proposition to levy when the number of ((electors))
voters voting on the proposition exceeds forty ((percentum)) per
centum of the total ((votes cast)) number of voters voting 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: PROVIDED FURTHER, That a proposition
under this subsection to levy an additional tax for a school district shall be
authorized if approved by a majority of the voters voting on the proposition;
(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)) voters
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))
voters voting on the proposition shall constitute not less than forty
per centum of the total number of ((votes cast)) voters voting 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((,)):
PROVIDED FURTHER, That a proposition by a school district to issue bonds with a
term of nine years or less, and to pay the principal and interest on the bonds
by an annual tax levy during the term of the bonds in excess of the limitation
provided in this section, shall be authorized if approved by a majority of the
voters voting on the proposition: PROVIDED FURTHER, That a proposition by a
school district to issue bonds with a term greater than nine years and to pay
the principal and interest on the bonds by an annual tax levy during the term
of the bonds in excess of the limitation provided in this section shall be
authorized if approved by at least three-fifths of the voters voting on the
proposition: 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.
Article VIII, section 6. No county, city, town, ((school district,)) or other
municipal corporation shall for any purpose become indebted in any manner to an
amount exceeding one and one‑half per centum of the taxable property in
such county, city, town, ((school district,)) or other municipal
corporation, without the assent of three‑fifths of the voters therein
voting at an election to be held for that purpose, nor in cases requiring such
assent shall the total indebtedness at any time exceed five per centum on the
value of the taxable property therein, to be ascertained by the last assessment
((for state and county purposes previous to the incurring of such
indebtedness, except that in incorporated cities the assessment shall be taken
from the last assessment for city purposes)): PROVIDED, That the assent
necessary to authorize a school district to incur such debt shall be a majority
vote: PROVIDED FURTHER, That no part of the indebtedness allowed in this
section shall be incurred for any purpose other than strictly county, city,
town, school district, or other municipal purposes: PROVIDED FURTHER, That (a)
any city or town, with such assent, may be allowed to become indebted to a larger
amount, but not exceeding five per centum additional for supplying such city or
town with water, artificial light, and sewers, when the works for supplying
such water, light, and sewers shall be owned and controlled by the municipality
and (b) any school district with ((such)) majority assent, may be
allowed to become indebted to a larger amount but not exceeding five per centum
additional for capital outlays.
BE IT FURTHER RESOLVED, That the foregoing amendment shall be construed as a single amendment within the meaning of Article XXIII, section 1 of the state Constitution.
The legislature finds that the changes contained in the foregoing amendment constitute a single integrated plan providing for a simple majority of electors voting to authorize school district levies and bonds with a term of nine years or less; and providing for at least three-fifths of the electors voting to authorize school district bonds with a term of greater than nine years. If the foregoing amendment is held to be separate amendments, this joint resolution shall be void in its entirety and shall be of no further force and effect."
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