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MUNICIPAL LEAGUE OF KING COUNTY
SUPPORTS EHJR 4204
Amending the State Constitution To Allow a Simple Majority
for School Levies
November 6, 2007 General Election Ballot
SUMMARY AND BACKGROUND
Engrossed House Joint Resolution 4204 is a
proposed amendment to the Washington State Constitution which would allow a
simple majority of voters (50% plus 1) to authorize excess maintenance and
operation, capital and transportation levies for school districts. The amendment
also removes the 40% election validation requirement for school levy elections.
Currently school levies must receive both a 60% supermajority approval and meet
the 40% validation requirement to pass. The ballot measure applies only to
school levies. It does not apply to school bond elections.
The supermajority requirement came about
during the Great Depression as a means to control property taxes. It was written
into statute in 1932 and into the Constitution in 1944. Property owners were
especially concerned about non-property owners being able to vote to increase
property taxes.
The Washington State Constitution limits
property taxes to 1% (or $10 per $1,000) of a property’s assessed value. To
exceed the 1%, taxing jurisdictions must pass an excess levy which requires a
simple majority vote for all jurisdictions except school districts.
ARGUMENTS FOR EHJR 4204:
Arguments made in support of EHJR 4204 by its
proponents:
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It is a basic principle of our democratic
process that one person has one vote. Winning an election with a simple
majority is the American way. It is democracy in action. Sixty percent
supermajority requirements let the minority rule.
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School levies account for an average of
17% of school districts’ operating expenses. These dollars are important in
providing programs and services for students all across our state.
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Most levies eventually pass, but a great
deal of time, money and energy is wasted when they fail because they do not
meet the supermajority threshold. In King County it costs a school district
an estimated $100,000 just to be placed on the ballot.
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Failure to pass an operation levy is
devastating to schools, resulting in budget cuts, teachers and staff being
laid off, and programs and services being eliminated
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The measure will not increase tax rates.
The school levy rate is capped and, in King County, most districts are
already at their cap.
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The simple majority is fair. Local taxing
jurisdictions are able raise taxes with a simple majority vote for parks,
stadiums, libraries and affordable housing. Only schools are held to a
higher standard.
ARGUMENTS AGAINST EHJR 4204:
Opponents of EHJR 4204 have made the following arguments:
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The proposed 4204 amendment makes it too easy to raise
property taxes when taxes are already rising rapidly. Property taxes will go
up with this measure by allowing larger levies to pass.
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The State Constitution limits property taxes to 1% of a
property’s value. The bar should remain high to raise taxes above the 1%
limit.
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Adequately funding schools is the state’s “paramount duty.”
The state continues to push an ever increasing share of school funding on
local school districts. This measure would take the state off the hook and
accelerate the shift to local funding.
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The quality of a child’s education should not depend on
where he or she attends school. This measure will widen the disparities in
per-pupil funding based on local property wealth.
RECOMMENDATION and RATIONALE
Municipal League of King County
SUPPORTS EHJR 4204:
Local school levies were originally intended to supplement and
enhance school operations while the State took responsibility for fully funding
basic educational needs. Over the years, school programs and services have
become more complex, the State has failed to fully fund services that are now
viewed as basic, and local levies have become a fundamental part of school
budgets. We believe it is inconsistent and unfair to set a higher bar for school
levies than the simple majority governments must meet for many other excess levy
programs. In King County we now regularly authorize excess levies with a simple
majority vote for parks, transportation, affordable housing, automated
fingerprinting systems and emergency medical services. In this funding
environment, continuing to require schools to meet a supermajority threshold and
a 40% validation requirement confounds common sense. We support EHJR 4204.
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