5232.E AMH MCIN H5388.1

ESB 5232 - H AMD 1212

By Representative McIntire

ADOPTED 03/10/2004

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 68.52.310 and 1973 1st ex.s. c 195 s 77 are each amended to read as follows:

The board of cemetery commissioners shall have no authority to contract indebtedness in any year in excess of the aggregate amount of the currently levied taxes, which annual tax levy for cemetery district purposes shall not exceed eleven and one-quarter cents per thousand dollars of assessed valuation and the tax levy amount authorized in RCW 84.52.130.

Sec. 2. RCW 84.52.054 and 1986 c 133 s 2 are each amended to read as follows:

The additional tax provided for in subparagraph (a) of the seventeenth amendment to the state Constitution as amended by Amendment 59 and as thereafter amended, and specifically authorized by RCW 84.52.052, ((as now or hereafter amended, and RCW)) 84.52.053 ((and)), 84.52.0531, and 84.52.130 shall be set forth in terms of dollars on the ballot of the proposition to be submitted to the voters, together with an estimate of the dollar rate of tax levy that will be required to produce the dollar amount; and the county assessor, in spreading this tax upon the rolls, shall determine the eventual dollar rate required to produce the amount of dollars so voted upon, regardless of the estimate of dollar rate of tax levy carried in said proposition. In the case of a ((school district)) proposition for a particular period, the dollar amount and the corresponding estimate of the dollar rate of tax levy shall be set forth for each of the years in that period. The dollar amount for each annual levy in the particular period may be equal or in different amounts.

Sec. 3. RCW 84.52.130 and 2002 c 180 s 2 are each amended to read as follows:

The limitations imposed by RCW 84.52.050 through 84.52.056, and 84.52.043 shall not prevent the levy of taxes by a fire protection district, metropolitan park district, or cemetery district, when authorized so to do by the voters of ((a fire protection)) the district in the manner and for the purposes and number of years allowable under Article VII, section 2(a) of the Constitution of this state. Elections for taxes shall be held in the year in which the levy is made, or in the case of propositions authorizing two-year through four-year levies for maintenance and operation support of ((a fire)) the district, or authorizing two-year through six-year levies to support the construction, modernization, or remodeling of ((fire)) district facilities, in the year in which the first annual levy is made. Once additional tax levies have been authorized for maintenance and operation support of a ((fire protection)) district for a two-year through four-year period, no further additional tax levies for maintenance and operation support of the district for that period may be authorized under this title.

A special election may be called and the time fixed by the ((fire protection district commissioners,)) district governing body by giving notice by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing the excess levy shall be submitted in a form as to enable the voters favoring the proposition to vote "yes" and those opposed to vote "no."

NEW SECTION. Sec. 4. This act takes effect January 1, 2005, if the proposed amendment to Article VII, section 2 of the state Constitution authorizing multiyear excess property tax levies for metropolitan park districts and cemetery districts is validly submitted to and approved by the voters at the next general election. If the proposed amendment is not approved, this act is void in its entirety."

ESB 5232 - H AMD 1212

By Representative McIntire

ADOPTED 03/10/2004

On page 1, line 2 of the title, after "districts" strike the remainder of the title and insert "and metropolitan park districts; amending RCW 68.52.310, 84.52.054, and 84.52.130; and providing a contingent effective date."

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