School district elections

AN ACT Relating to school district elections; amending RCW 1
28A.535.020, 28A.535.050, 84.52.056, 39.36.020, 28A.530.020, and 2
28A.315.285; and providing a contingent effective date.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 28A.535.020 and 1996 c 48 s 2 are each amended to 5
read as follows: 6
Whenever the board of directors of any school district shall deem 7
it advisable to validate and ratify the indebtedness mentioned in RCW 8
28A.535.010, they shall provide therefor by resolution, which shall 9
be entered on the records of such school district, which resolution 10
shall provide for the holding of an election for the purpose of 11
submitting the question of validating and ratifying the indebtedness 12
so incurred to the voters of such school district for approval or 13
disapproval, and if at such election ((three-fifths)) 55 percent of 14
the voters in such school district voting at such election shall vote 15
in favor of the validation and ratification of such indebtedness, 16
then such indebtedness so validated and ratified and every part 17
thereof existing at the time of the adoption of said resolution shall 18
thereby become and is hereby declared to be validated and ratified 19
and a binding obligation upon such school district.20
S-0276.1
SENATE BILL 5186
State of Washington 69th Legislature 2025 Regular Session
By Senators Krishnadasan, Wellman, Orwall, Riccelli, Chapman,
Hasegawa, Frame, Hansen, Liias, Saldaña, Cortes, Dhingra, Lovelett,
Nobles, Shewmake, Slatter, Stanford, Valdez, and C. Wilson
Prefiled 01/08/25. Read first time 01/13/25. Referred to Committee
on Early Learning & K-12 Education.
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Sec. 2. RCW 28A.535.050 and 1984 c 186 s 14 are each amended to 1
read as follows: 2
If the indebtedness of such school district is validated and 3
ratified, as provided in this chapter, by ((three-fifths)) 55 percent 4
of the voters voting at such election, the board of directors of such 5
school district, without any further vote, may borrow money and issue 6
and sell negotiable bonds therefor in accordance with chapter 39.46 7
RCW. 8
Sec. 3. RCW 84.52.056 and 2010 c 115 s 3 are each amended to 9
read as follows: 10
(1) Any municipal corporation otherwise authorized by law to 11
issue general obligation bonds for capital purposes may, at an 12
election duly held after giving notice thereof as required by law, 13
authorize the issuance of general obligation bonds for capital 14
purposes only, which does not include the replacement of equipment, 15
and provide for the payment of the principal and interest of such 16
bonds by annual levies in excess of the tax limitations contained in 17
RCW 84.52.050 ((to)) through 84.52.056, inclusive and RCW 84.52.043. 18
Such an election may not be held more often than twice a calendar 19
year, and the proposition to issue any such bonds and to exceed the 20
tax limitation must receive the affirmative vote of a three-fifths 21
majority of those voting on the proposition and the total number of 22
((persons)) voters voting at the election must constitute not less 23
than forty percent of the voters in the municipal corporation who 24
voted at the last preceding general state election , except that a 25
proposition by a school district to issue such bonds and to pay the 26
principal and interest on the bonds by annual tax levies must be 27
authorized by receiving the affirmative vote of 55 percent of the 28
voters voting on the proposition. 29
(2) Any taxing district has the right by vote of its governing 30
body to refund any general obligation bonds of said district issued 31
for capital purposes only, and to provide for the interest thereon 32
and amortization thereof by annual levies in excess of the tax 33
limitations provided for in RCW 84.52.050 ((to)) through 84.52.056, 34
inclusive and RCW 84.52.043. 35
(3) For the purposes of this section, "bond" includes a municipal 36
corporation's obligation to make payments to the state in connection 37
with a financing contract entered into by the state by or on behalf 38
of a municipal corporation under chapter 39.94 RCW.39
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Sec. 4. RCW 39.36.020 and 2000 c 156 s 1 are each amended to 1
read as follows: 2
(1) Except as otherwise expressly provided by law or in 3
subsections (2), (3), and (4) of this section, no taxing district 4
shall for any purpose become indebted in any manner to an amount 5
exceeding three -eighths of one percent of the value of the taxable 6
property in such taxing district without the assent of three -fifths 7
of the voters therein voting at an election to be held for that 8
purpose, nor in cases requiring such assent shall the total 9
indebtedness incurred at any time exceed one and one-fourth percent 10
on the value of the taxable property therein. 11
(2)(a)(i) Public hospital districts are limited to an 12
indebtedness amount not exceeding three-fourths of one percent of the 13
value of the taxable property in such public hospital districts 14
without the assent of three-fifths of the voters therein voting at an 15
election held for that purpose. 16
(ii) Counties, cities, and towns are limited to an indebtedness 17
amount not exceeding one and one-half percent of the value of the 18
taxable property in such counties, cities, or towns without the 19
assent of three-fifths of the voters therein voting at an election 20
held for that purpose. 21
(b) In cases requiring such assent counties, cities, towns, and 22
public hospital districts are limited to a total indebtedness of two 23
and one-half percent of the value of the taxable property therein. 24
However, any county that has assumed the rights, powers, functions, 25
and obligations of a metropolitan municipal corporation under chapter 26
36.56 RCW may become indebted to a larger amount for its authorized 27
metropolitan functions, as provided under chapter 35.58 RCW, but not 28
exceeding an additional three-fourths of one percent of the value of 29
the taxable property in the county without the assent of three-fifths 30
of the voters therein voting at an election held for that purpose, 31
and in cases requiring such assent not exceeding an additional two 32
and one-half percent of the value of the taxable property in the 33
county. 34
(3) School districts are limited to an indebtedness amount not 35
exceeding three-eighths of one percent of the value of the taxable 36
property in such district without the assent of ((three-fifths)) 55 37
percent of the voters therein voting at an election held for that 38
purpose. In cases requiring such assent school districts are limited 39
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to a total indebtedness of two and one-half percent of the value of 1
the taxable property therein. 2
(4) No part of the indebtedness allowed in this chapter shall be 3
incurred for any purpose other than strictly county, city, town, 4
school district, township, port district, metropolitan park district, 5
or other municipal purposes: PROVIDED, That a city or town, with such 6
assent, may become indebted to a larger amount, but not exceeding two 7
and one-half percent additional, determined as herein provided, for 8
supplying such city or town with water, artificial light, and sewers, 9
when the works for supplying such water, light, and sewers shall be 10
owned and controlled by the city or town; and a city or town, with 11
such assent, may become indebted to a larger amount, but not 12
exceeding two and one-half percent additional for acquiring or 13
developing open space, park facilities, and capital facilities 14
associated with economic development: PROVIDED FURTHER, That any 15
school district may become indebted to a larger amount but not 16
exceeding two and one-half percent additional for capital outlays.17
(5) Such indebtedness may be authorized in any total amount in 18
one or more propositions and the amount of such authorization may 19
exceed the amount of indebtedness which could then lawfully be 20
incurred. Such indebtedness may be incurred in one or more series of 21
bonds from time to time out of such authorization but at no time 22
shall the total general indebtedness of any taxing district exceed 23
the above limitation. 24
The term "value of the taxable property" as used in this section 25
shall have the meaning set forth in RCW 39.36.015.26
Sec. 5. RCW 28A.530.020 and 1996 c 48 s 1 are each amended to 27
read as follows: 28
(((1) The question whether the bonds shall be issued, as provided 29
in RCW 28A.530.010, shall be determined at an election to be held 30
pursuant to RCW 39.36.050. If a majority of the votes cast at such 31
election favor the issuance of such bonds, the board of directors 32
must issue such bonds: PROVIDED, That if the amount of bonds to be 33
issued, together with any outstanding indebtedness of the district 34
that only needs a simple majority voter approval, exceeds three-35
eighths of one percent of the value of the taxable property in said 36
district, as the term "value of the taxable property" is defined in 37
RCW 39.36.015, then three-fifths of the votes cast at such election 38
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must be in favor of the issuance of such bonds, before the board of 1
directors is authorized to issue said bonds. 2
(2))) The resolution adopted by the board of directors calling 3
((the)) an election ((in subsection (1) of this section )) shall 4
specify the purposes of the debt financing measure, including the 5
specific buildings to be constructed or remodeled and any additional 6
specific purposes as authorized by RCW 28A.530.010. If the debt 7
financing measure anticipates the receipt of state financing 8
assistance under chapter 28A.525 RCW, the board resolution also shall 9
describe the specific anticipated purpose of the state assistance. If 10
the school board subsequently determines that state or local 11
circumstances should cause any alteration to the specific 12
expenditures from the debt financing or of the state assistance, the 13
board shall first conduct a public hearing to consider those 14
circumstances and to receive public testimony. If the board then 15
determines that any such alterations are in the best interests of the 16
district, it may adopt a new resolution or amend the original 17
resolution at a public meeting held subsequent to the meeting at 18
which public testimony was received. 19
Sec. 6. RCW 28A.315.285 and 2012 c 186 s 12 are each amended to 20
read as follows: 21
(1) If a special election is held to vote on a proposal or 22
alternate proposals to form a new school district, the votes cast by 23
the registered voters in each component district shall be tabulated 24
separately. Any such proposition shall be considered approved only if 25
it receives a majority of the votes cast in each separate district 26
voting thereon. 27
(2) If a special election is held to vote on a proposal for 28
adjustment of bonded indebtedness, the entire vote cast by the 29
registered voters of the proposed new district or of the established 30
district as the case may be shall be tabulated. Any such proposition 31
shall be considered approved if ((three-fifths or more )) 55 percent 32
of all votes cast thereon are in the affirmative ((and forty percent 33
of)) without regard to the total number of voters ((who voted at the 34
last preceding general election cast a ballot )) voting on the 35
proposition. 36
(3) In the event of approval of a proposition or propositions 37
voted on at a special election, the educational service district 38
superintendent shall: 39
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(a) Make an order establishing such new school district or such 1
terms of adjustment of bonded indebtedness or both, as were approved 2
by the registered voters and shall also order such other terms of 3
adjustment, if there are any, of property and other assets and of 4
liabilities other than bonded indebtedness as have been approved by 5
the state council; and 6
(b) Certify his or her action to the county and school district 7
officials specified in RCW 28A.315.215. The educational service 8
district superintendent may designate, with the approval of the 9
superintendent of public instruction, a name and number different 10
from that of any component thereof, but must designate the new 11
district by name and number different from any other district in 12
existence in the county. 13
(4) The educational service district superintendent shall fix as 14
the effective date of any order or orders he or she is required to 15
make by this chapter, the date specified in the order of final 16
approval of any change in the organization and extent of school 17
districts or of any terms of adjustment of the assets and liabilities 18
of school districts subject, for taxing purposes, to the redrawing of 19
taxing district boundaries under RCW 84.09.030, by the regional 20
committee. 21
(5) Upon receipt of certification under this section, the 22
superintendent of each school district that is included in the new 23
district shall deliver to the superintendent of the new school 24
district those books, papers, documents, records, and other materials 25
pertaining to the territory transferred. 26
NEW SECTION. Sec. 7. If any provision of this act or its 27
application to any person or circumstance is held invalid, the 28
remainder of the act or the application of the provision to other 29
persons or circumstances is not affected.30
NEW SECTION. Sec. 8. This act takes effect if the proposed 31
amendment to Article VII, section 2 and Article VIII, section 6 of 32
the state Constitution (S-0277/25) providing for 55 percent of voters 33
voting to authorize school district bonds is validly submitted to and 34
is approved and ratified by the voters at the next general election.35
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