BP BHEAD INT S [atlas:bill]

AN ACT Relating to taxation authority of cities for zoos, aquariums, and other recreational, civic, cultural, and interpretive facilities; amending RCW 84.52.010; and adding a new chapter to Title 35 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1)(a) Upon approval under subsection (2) of this section, a city with a population of over one hundred fifty thousand and that is not in a metropolitan park district may:

(i) Levy or cause to be levied a general tax on all the property located in the city each year not to exceed fifty cents per thousand dollars of assessed value of the property in the city; and

(ii) In addition, levy or cause to be levied a general tax on all property located in the city each year not to exceed twenty-five cents per thousand dollars of assessed valuation.

(b) Although cities are authorized to impose two separate regular property tax levies under this subsection, the levies shall be considered to be a single levy for purposes of the limitation provided for in chapter 84.55 RCW.

(2) A city with a population of over one hundred fifty thousand and that is not in a metropolitan park district may call a special election for the purpose of submitting to the qualified voters of the city a proposition to levy taxes under subsection (1) of this section for the purposes of zoos, aquariums, and other recreational, civic, cultural, and interpretive facilities, including administrative and support facilities, upon approval of a simple majority of the voters voting in the special election.

(3) The city may levy a general tax in excess of its regular property tax levy or levies under subsection (1) of this section when authorized so to do at a special election conducted in accordance with and subject to all the requirements of the Constitution and laws of the state now in force or hereafter enacted governing the limitation of tax levies. The city may call a special election for the purpose of submitting to the qualified voters of the city a proposition to levy a tax in excess of the seventy-five cents per thousand dollars of assessed value specifically authorized in subsection (1) of this section.

(4) The levies under this section shall be certified to the proper county officials for collection the same as other general taxes and when collected, the general tax shall be placed in a separate fund in the office of the county treasurer to be known as the "civic, cultural, and recreational fund" and paid out on warrants.

(5) Taxes under this section shall be treated in the same manner as junior taxing district levies under RCW 84.52.043 and have the equivalent status as levies of metropolitan park districts for all other purposes.

(6) The city may contract with any entity, public and private, for all of its operations and services to carry out the purposes of this section.

Sec. 2. RCW 84.52.010 and 1995 2nd sp.s. c 13 s 4 are each amended to read as follows:

Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts.

The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively.

When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner:

(1) The full certified rates of tax levy for state, county, county road district, and city or town purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy shall take precedence over all other levies and shall not be reduced for any purpose other than that required by RCW 84.55.010. If, as a result of the levies imposed under RCW 84.52.069, 84.34.230, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120, and 84.52.105, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one percent of the true and fair value of any property, then these levies shall be reduced as follows: (a) The portion of the levy by a metropolitan park district that is protected under RCW 84.52.120 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; (b) if the combined rate of regular property tax levies subject to the one percent limitation in a county containing a city that imposes a tax under section 1 of this act still exceeds one percent of the true and fair value of any property, then the remaining levy for the city shall be reduced until the combined rate no longer exceeds one percent; (c) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levies imposed under RCW 84.34.230, 84.52.105, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value, shall be reduced on a pro rata basis until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; and ((~~(c)~~)) (d) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the thirty cents per thousand dollars of assessed value of tax levy imposed under RCW 84.52.069 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or eliminated.

(2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations:

(a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, and 67.38.130 shall be reduced on a pro rata basis or eliminated;

(b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated;

(c) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts, the first fifty cent per thousand dollars of assessed valuation levies for taxes levied under section 1 of this act, and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a pro rata basis or eliminated;

(d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and 52.16.160 shall be reduced on a pro rata basis or eliminated; and

(e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130, library districts, metropolitan park districts under their first fifty cent per thousand dollars of assessed valuation levy, taxes levied under section 1 of this act under the first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated.

In determining whether the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.050, exceeds the limitations provided in that section, the assessor shall use the hypothetical state levy, as apportioned to the county under RCW 84.48.080, that was computed under RCW 84.48.080 without regard to the reduction under RCW 84.55.012.

NEW SECTION. Sec. 3. Section 1 of this act constitutes a new chapter in Title 35 RCW.