(1) Subject
to any otherwise applicable statutory dollar rate limitations,
regular property taxes may be levied by or for a taxing district
in an amount exceeding the limitations provided for in this
chapter if such levy is authorized by a proposition approved by a
majority of the voters of the taxing district voting on the
proposition at a general election held within the district or at
a special election within the taxing district called by the
district for the purpose of submitting such proposition to the
voters. Any election held pursuant to this section shall be held
not more than twelve months prior to the date on which the
proposed levy is to be made, except as provided in subsection (2)
of this section. The ballot of the proposition shall state the
dollar rate proposed and shall clearly state the conditions, if
any, which are applicable under subsection (4) of this section.
(2) Subject to statutory dollar limitations, a proposition
placed before the voters under this section may authorize annual
increases in levies for multiple consecutive years, up to six
consecutive years, during which period each year's authorized
maximum legal levy shall be used as the base upon which an
increased levy limit for the succeeding year is computed, but the
ballot proposition must state the dollar rate proposed only for
the first year of the consecutive years and must state the limit
factor, or a specified index to be used for determining a limit
factor, such as the consumer price index, which need not be the
same for all years, by which the regular tax levy for the
district may be increased in each of the subsequent consecutive
years. Elections for this purpose must be held at a primary or
general election. The title of each ballot measure must state
the limited purposes for which the proposed annual increases
during the specified period of up to six consecutive years shall
be used, and funds raised under the levy shall not supplant
existing funds used for these purposes. For purposes of this
subsection, existing funds means the actual operating
expenditures for the calendar year in which the ballot measure is
approved by voters. Actual operating expenditures excludes lost
federal funds, lost or expired state grants or loans,
extraordinary events not likely to reoccur, changes in contract
provisions beyond the control of the taxing district receiving
the services, and major nonrecurring capital expenditures.
(3) After a levy authorized pursuant to this section is
made, the dollar amount of such levy may not be used for the
purpose of computing the limitations for subsequent levies
provided for in this chapter, unless the ballot proposition
expressly states that the levy made under this section will be
used for this purpose.
(4) If expressly stated, a proposition placed before the
voters under subsection (1) or (2) of this section may:
(a) Use the dollar amount of a levy under subsection (1) of
this section, or the dollar amount of the final levy under
subsection (2) of this section, for the purpose of computing the
limitations for subsequent levies provided for in this chapter;
(b) Limit the period for which the increased levy is to be
made under (a) of this subsection;
(c) Limit the purpose for which the increased levy is to be
made under (a) of this subsection, but if the limited purpose
includes making redemption payments on bonds, the period for
which the increased levies are made shall not exceed nine years;
(d) Set the levy or levies at a rate less than the maximum
rate allowed for the district; or
(e) Include any combination of the conditions in this
subsection.
(5) Except as otherwise expressly stated in an approved
ballot measure under this section, subsequent levies shall be
computed as if:
(a) The proposition under this section had not been
approved; and
(b) The taxing district had made levies at the maximum rates
which would otherwise have been allowed under this chapter during
the years levies were made under the proposition.
[2008 c 319 § 1; 2007 c 380 § 2; 2003 1st sp.s. c 24 § 4; 1989 c 287 § 1; 1986 c 169 § 1; 1979 ex.s. c 218 § 3; 1973 1st ex.s. c 195 § 109; 1971 ex.s. c 288 § 24.]
NOTES:
Application -- 2008 c 319: "This act applies prospectively only to levy lid lift ballot propositions under RCW 84.55.050 that receive voter approval on or after April 1, 2008." [2008 c 319 § 2.]
Effective date -- 2008 c 319: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 1, 2008]." [2008 c 319 § 3.]
Finding -- Intent -- Effective date -- Severability -- 2003 1st sp.s. c 24: See notes following RCW 82.14.450.
Severability -- Effective dates and termination dates -- Construction -- 1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Savings -- Severability -- 1971 ex.s. c 288: See notes following RCW 84.40.030.