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HomeMy WebLinkAboutOnePager_Homestead_Property_Tax_FlexPrimary Residence Homestead + Local Levy Flexibility Prepared for the Jefferson County Housing Task Force • Planning Group Discussion The idea Modernize the 1% annual regular levy growth limit in RCW 84.55.010 – 101% levy limit (1% growth) by allowing local governments to grow by inflation + population (capped at ~3%), while protecting owner-occupied primary residences with a homestead-style benefit. This shifts the relative burden toward non-owner-occupied (second/third) homes without a stand-alone vacancy tax. Two legal paths •Path A – Constitutional amendment (cleaner on-bill homestead). Washington’s uniformity rule in WA Constitution – Art. VII (uniformity) prevents different tax treatment for primary residences. A homestead authorization requires an amendment (see WA Constitution – Art. XXIII (amendments)). Use SJR 8203 (2025) – principal residence exemption (homestead) proposal as a model to permit a principal residence exemption; implement via HB 2024 (2025) – principal residence exemption (implementing bill)-style bill with Department of Revenue (DOR) attestation, verification, and a school funding hold-harmless. Precedent for a constitutional carve-out: senior/ disabled relief in WA Constitution – Art. VII §10 (senior/disabled relief) and RCW 84.36.381 – senior/disabled property tax exemption. •Path B – No amendment (uniformity preserved). Keep the tax uniform but deliver relief off-bill via a state-funded homestead credit or use/expand property tax deferrals (RCW 84.37 –property tax deferral for limited income homeowners, RCW 84.38 – property tax deferral for seniors/ disabled). DOR would run an owner-occupied attestation and issue the credit/refund; counties’ administration burden stays low. Benefits •Protects primary-residence homeowners while aligning local revenues with inflation and population growth. •Tilts effective burden away from owner-occupied homes and toward non-owner occupied property without a separate vacancy tax. •Uses tested administrative models (DOR attestation; verification) and draws on 2023–25 bill language. Risks & mitigations •Constitutional risk if mis-drafted ® use amendment authority (Path A) and mirror proposed SJR language. •Administrative integrity ® rely on DOR verification (license/voter registration/utility address), penalties for false claims. Primary Residence Homestead + Local Levy Flexibility Prepared for planning discussion; policy research only – not legal advice.Page 2 •Renter pass-through risk ® pair with a state circuit-breaker or renter rebate to cushion low-income tenants. •School-funding optics ® include hold -harmless adjustments as in SJR proposals. What we would ask Olympia •Re-file levy-growth modernization (HB 1670/SB 5770 lineage: inflation + population, capped at ~3%). See HB 1670 (2023–24) – levy limit factor modernization and SB 5770 (2024) – levy limit factor (Senate). •Refer a homestead constitutional amendment (SJR 8203-style) and pass an implementing bill (HB 2024-style) with DOR administration. •If the amendment lags, enact a state homestead credit or expand deferrals to protect primary residences while levy modernization proceeds. Hyperlinked bibliography •RCW 84.55.010 – 101% levy limit •WA Constitution – Article VII (uniformity) & §10 (senior/disabled relief) •WA Constitution – Article XXIII (amendment process) •HB 1670 (2023–24) – levy limit factor modernization •SB 5770 (2024) – levy limit factor modernization •SJR 8203 (2025) – principal residence exemption (homestead) proposal •HB 2024 (2025) – principal residence exemption (implementing bill) •RCW 84.36.381 – senior/disabled exemption (statutory) •RCW 84.37 & RCW 84.38 – property tax deferrals