2005 Washington Revised Code RCW 84.55.005: Definitions. (Effective if unconstitutionality of Initiative Measure No. 747 is affirmed by pending appeal.)

As used in this chapter:

     (1) "Inflation" means the percentage change in the implicit price deflator for personal consumption expenditures for the United States as published for the most recent twelve-month period by the bureau of economic analysis of the federal department of commerce in September of the year before the taxes are payable;

     (2) "Limit factor" means:

     (a) For taxing districts with a population of less than ten thousand in the calendar year prior to the assessment year, one hundred six percent;

     (b) For taxing districts for which a limit factor is authorized under RCW 84.55.0101, the lesser of the limit factor authorized under that section or one hundred six percent;

     (c) For all other districts, the lesser of one hundred six percent or one hundred percent plus inflation; and

     (3) "Regular property taxes" has the meaning given it in RCW 84.04.140.

[1997 c 393 § 20; 1997 c 3 § 201 (Referendum Bill No. 47, approved November 4, 1997); 1994 c 301 § 49; 1983 1st ex.s. c 62 § 11.]

Reviser's note: (1) On June 13, 2006, Initiative Measure No. 747 was declared unconstitutional in its entirety in Washington Citizens Action of Washington v. State, Superior Court for King County (No. 05-2-02052-1 SEA). The decision was under appeal to the Washington State Supreme Court at the time this material was published.      (2) This section was amended by 1997 c 3 § 201 (Referendum Bill No. 47, approved November 4, 1997) and by 1997 c 393 § 20, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).      Intent -- 1997 c 3 §§ 201-207: See note following RCW 84.55.010.      Application -- Severability -- Part headings not law -- Referral to electorate -- 1997 c 3: See notes following RCW 84.40.030.      Short title -- Intent -- Effective dates -- Applicability -- 1983 1st ex.s. c 62: See notes following RCW 84.36.477. RCW 84.55.005 As used in this chapter:      (1) "Inflation" means the percentage change in the implicit price deflator for personal consumption expenditures for the United States as published for the most recent twelve-month period by the bureau of economic analysis of the federal department of commerce in September of the year before the taxes are payable;      (2) "Limit factor" means:      (a) For taxing districts with a population of less than ten thousand in the calendar year prior to the assessment year, one hundred one percent;      (b) For taxing districts for which a limit factor is authorized under RCW 84.55.0101, the lesser of the limit factor under that section or one hundred one percent;      (c) For all other districts, the lesser of one hundred one percent or one hundred percent plus inflation; and      (3) "Regular property taxes" has the meaning given it in RCW 84.04.140. [2002 c 1 § 2 (Initiative Measure No. 747, approved November 6, 2001). Prior: 1997 c 393 § 20; 1997 c 3 § 201 (Referendum Bill No. 47, approved November 4, 1997); 1994 c 301 § 49; 1983 1st ex.s. c 62 § 11.] Notes:      Intent -- 2002 c 1 (Initiative Measure No. 747): "This measure would limit property tax increases to 1% per year unless approved by the voters. Politicians have repeatedly failed to limit skyrocketing property taxes either by reducing property taxes or by limiting property tax increases in any meaningful way. Throughout Washington every year, taxing authorities regularly increase property taxes to the maximum limit factor of 106% while also receiving additional property tax revenue from new construction, improvements, increases in the value of state-assessed property, excess levies approved by the voters, and tax revenues generated from real estate excise taxes when property is sold. Property taxes are increasing so rapidly that working class families and senior citizens are being taxed out of their homes and making it nearly impossible for first-time home buyers to afford a home. The Washington state Constitution limits property taxes to 1% per year; this measure matches this principle by limiting property tax increases to 1% per year." [2002 c 1 § 1 (Initiative Measure No. 747, approved November 6, 2001).]      Construction -- 2002 c 1 (Initiative Measure No. 747): "The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act." [2002 c 1 § 4 (Initiative Measure No. 747, approved November 6, 2001).]      Severability -- 2002 c 1 (Initiative Measure No. 747): "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2002 c 1 § 5 (Initiative Measure No. 747, approved November 6, 2001).]      Intent -- 2002 c 1 (Initiative Measure No. 747): "The people have clearly expressed their desire to limit taxes through the overwhelming passage of numerous initiatives and referendums. However, politicians throughout the state of Washington continue to ignore the mandate of these measures.      Politicians are reminded:      (1) All political power is vested in the people, as stated in Article I, section 1 of the Washington state Constitution.      (2) The first power reserved by the people is the initiative, as stated in Article II, section 1 of the Washington state Constitution.      (3) Politicians are an employee of the people, not their boss.      (4) Any property tax increase which violates the clear intent of this measure undermines the trust of the people in their government and will increase the likelihood of future tax limitation measures." [2002 c 1 § 6 (Initiative Measure No. 747, approved November 6, 2001).]      Intent -- 1997 c 3 §§ 201-207: See note following RCW 84.55.010.      Application -- Severability -- Part headings not law -- Referral to electorate -- 1997 c 3: See notes following RCW 84.40.030.      Short title -- Intent -- Effective dates -- Applicability -- 1983 1st ex.s. c 62: See notes following RCW 84.36.477.