1464-S.E AMS HAUG S3132.4

ESHB 1464 - S AMD TO GO COMM AMD (S-2994.1/93)

By Senators Haugen, Winsley and Loveland

    On page 69, after line 15 of the amendment, insert the following:

    "NEW SECTION. Sec. 89.  A new section is added to chapter 84.52 RCW to read as follows:

    (1) Annually, at the time required by law for the levying of taxes for county purposes, the proper county officers required by law to make and enter such tax levies shall make and enter a tax levy or levies as follows:

    (a) A levy upon all of the taxable property within the county for the amount of all taxes levied by the county for county or state purposes that were:

    (i) Canceled as uncollectible pursuant to RCW 84.56.240 within the preceding twelve months; or

    (ii) Not collected because of changes made after final certification of the assessment roll.

    (b) A levy upon all of the taxable property of each taxing district within the county for the amount of all taxes levied by the county for the purposes of such taxing district that were:

    (i) Canceled as uncollectible pursuant to RCW 84.56.240 within the preceding twelve months; or

    (ii) Not collected because of changes made after final certification of the assessment roll.

    (2) For purposes of this section, "changes" means increases or decreases in assessed value of property resulting from an error or final adjustments made by a county board of equalization, the state board of tax appeals, or a court of competent jurisdiction, including changes reflecting settlements of proceedings in such board or court.  "Changes" does not include changes in assessed value of property resulting from actions brought to recover taxes under RCW 84.68.020.

    Sec. 90.  RCW 84.36.381 and 1992 c 187 s 1 are each amended to read as follows:

    A person shall be exempt from any legal obligation to pay all or a portion of the amount of excess and regular real property taxes due and payable in the year following the year in which a claim is filed, and thereafter, in accordance with the following:

    (1) The property taxes must have been imposed upon a residence which was occupied by the person claiming the exemption as a principal place of residence as of January 1st of the year for which the exemption is claimed:  PROVIDED, That any person who sells, transfers, or is displaced from his or her residence may transfer his or her exemption status to a replacement residence, but no claimant shall receive an exemption on more than one residence in any year:  PROVIDED FURTHER, That confinement of the person to a hospital or nursing home shall not disqualify the claim of exemption if:

(a) The residence is temporarily unoccupied ((or if));

(b) The residence is occupied by a spouse and/or a person financially dependent on the claimant for support; or

(c) The residence is rented for the purpose of paying nursing home or hospital costs;

    (2) The person claiming the exemption must have owned, at the time of filing, in fee, as a life estate, or by contract purchase, the residence on which the property taxes have been imposed or if the person claiming the exemption lives in a cooperative housing association, corporation, or partnership, such person must own a share therein representing the unit or portion of the structure in which he or she resides. For purposes of this subsection, a residence owned by a marital community or owned by cotenants shall be deemed to be owned by each spouse or cotenant, and any lease for life shall be deemed a life estate;

    (3) The person claiming the exemption must be sixty-one years of age or older on December 31st of the year in which the exemption claim is filed, or must have been, at the time of filing, retired from regular gainful employment by reason of physical disability:  PROVIDED, That any surviving spouse of a person who was receiving an exemption at the time of the person's death shall qualify if the surviving spouse is fifty-seven years of age or older and otherwise meets the requirements of this section;

    (4) The amount that the person shall be exempt from an obligation to pay shall be calculated on the basis of combined disposable income, as defined in RCW 84.36.383.  If the person claiming the exemption was retired for two months or more of the preceding year, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person during the months such person was retired by twelve.   If the income of the person claiming exemption is reduced for two or more months of the preceding year by reason of the death of the person's spouse, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person after the death of the spouse by twelve.

    (5)(a) A person who otherwise qualifies under this section and has a combined disposable income of twenty-six thousand dollars or less shall be exempt from all excess property taxes; and

    (b)(i) A person who otherwise qualifies under this section and has a combined disposable income of eighteen thousand dollars or less but greater than fifteen thousand dollars shall be exempt from all regular property taxes on the greater of thirty thousand dollars or thirty percent of the valuation of his or her residence, but not to exceed fifty thousand dollars of the valuation of his or her residence; or

    (ii) A person who otherwise qualifies under this section and has a combined disposable income of fifteen thousand dollars or less shall be exempt from all regular property taxes on the greater of thirty-four thousand dollars or fifty percent of the valuation of his or her residence.

NEW SECTION. Sec. 91.  Section 90 of this act is effective for taxes levied for collection in 1993 and thereafter.

    Sec. 92.  RCW 54.16.030 and 1955 c 390 s 4 are each amended to read as follows:

    A district may construct, purchase, condemn and purchase, acquire, add to, maintain, conduct, and operate water works and irrigation plants and systems, within or without its limits, for the purpose of furnishing the district, and the inhabitants thereof, and any other persons including public and private corporations within or without its limits, with an ample supply of water for all purposes, public and private, including water power, domestic use, and irrigation, with full and exclusive authority to sell and regulate and control the use, distribution, and price thereof.  The district may exercise all powers granted to water districts pursuant to chapter 57.08 RCW that are not inconsistent with the express provisions of this title.

NEW SECTION. Sec. 93.  A new section is added to chapter 35.21 RCW to read as follows:

    The council of a city or town that has territory included in two counties may adopt an ordinance creating an urban emergency medical service district in all of the portion of the city or town that is located in one of the two counties if:  (1) The county in which the urban emergency medical service district is located does not impose an emergency medical service levy authorized under RCW 84.52.069; and (2) the other county in which the city or town is located does impose an emergency medical service levy authorized under RCW 84.52.069.  The ordinance creating the district may only be adopted after a public hearing has been held on the creation of the district and the council makes a finding that it is in the public interest to create the district.  The members of the city or town council, acting in an ex officio capacity and independently, shall compose the governing body of the urban emergency medical service district.  The voters of an urban emergency medical service district shall be all registered voters residing within the urban emergency medical service district.

    An urban emergency medical service district shall be a quasi- municipal corporation and an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution.  Urban emergency medical service districts shall also be "taxing authorities" within the meaning of Article VII, section 2 of the state Constitution.

    An urban emergency medical service district shall have the authority to contract under chapter 39.34 RCW with a county, city, town, fire protection district, public hospital district, or emergency medical service district to have emergency medical services provided within its boundaries.

    Territory located in the same county as an urban emergency medical service district that is annexed by the city or town shall automatically be annexed to the urban emergency medical service district.

    Sec. 94.  RCW 84.52.069 and 1991 c 175 s 1 are each amended to read as follows:

    (1) As used in this section, "taxing district" means a county, emergency medical service district, city or town, public hospital district, urban emergency medical service district, or fire protection district.

    (2) A taxing district may impose additional regular property tax levies in an amount equal to fifty cents or less per thousand dollars of the assessed value of property in the taxing district in each year for six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the registered voters thereof approving a proposition authorizing the levies submitted at a general or special election, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty per centum of the total ((votes cast)) number of voters voting in such taxing district at the last preceding general election when the number of registered voters voting on the proposition does not exceed forty per centum of the total ((votes cast)) number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the registered voters thereof voting on the proposition when the number of registered voters voting on the proposition exceeds forty per centum of the total ((votes cast)) number of voters voting in such taxing district in the last preceding general election.  Ballot propositions shall conform with RCW 29.30.111.

    (3) Any tax imposed under this section shall be used only for the provision of emergency medical care or emergency medical services, including related personnel costs, training for such personnel, and related equipment, supplies, vehicles and structures needed for the provision of emergency medical care or emergency medical services.

    (4) If a county levies a tax under this section, no taxing district within the county may levy a tax under this section.  No other taxing district may levy a tax under this section if another taxing district has levied a tax under this section within its boundaries:  PROVIDED, That if a county levies less than fifty cents per thousand dollars of the assessed value of property, then any other taxing district may levy a tax under this section equal to the difference between the rate of the levy by the county and fifty cents:  PROVIDED FURTHER, That if a taxing district within a county levies this tax, and the voters of the county subsequently approve a levying of this tax, then the amount of the taxing district levy within the county shall be reduced, when the combined levies exceed fifty cents.  Whenever a tax is levied county-wide, the service shall, insofar as is feasible, be provided throughout the county:  PROVIDED FURTHER, That no county-wide levy proposal may be placed on the ballot without the approval of the legislative authority of each city exceeding fifty thousand population within the county:  AND PROVIDED FURTHER, That this section and RCW 36.32.480 shall not prohibit any city or town from levying an annual excess levy to fund emergency medical services:  AND PROVIDED, FURTHER, That if a county proposes to impose tax levies under this section, no other ballot proposition authorizing tax levies under this section by another taxing district in the county may be placed before the voters at the same election at which the county ballot proposition is placed:  AND PROVIDED FURTHER, That any taxing district emergency medical service levy that is authorized subsequent to a county emergency medical service levy, shall expire concurrently with the county emergency medical service levy.

    (5) The tax levy authorized in this section is in addition to the tax levy authorized in RCW 84.52.043.

    (6) The limitation in RCW 84.55.010 shall not apply to the first levy imposed pursuant to this section following the approval of such levy by the voters pursuant to subsection (2) of this section.

    (7) No taxing district may levy under this section more than twenty-five cents per thousand dollars of assessed value of property if reductions under RCW 84.52.010(2) are made for the year within the boundaries of the taxing district.

    Sec. 95.  RCW 53.12.010 and 1992 c 146 s 1 are each amended to read as follows:

    The powers of the port district shall be exercised through a port commission consisting of three or, when permitted by this title, five members.  Every port district that is not coextensive with a county having a population of five hundred thousand or more shall be divided into ((three)) the same number of commissioner districts as there are commissioner positions, each having approximately equal population.  Where a port district with three commissioner positions is coextensive with the boundaries of a county that has a population of less than five hundred thousand and the county has three county legislative authority districts, the port ((district)) commissioner districts shall be the county legislative authority districts.  In other instances where a port district is divided into commissioner districts, the ((petition proposing the formation of such a)) port commission shall divide the port district ((shall describe three)) into commissioner districts ((each having approximately the same population and)) unless the commissioner districts have been described pursuant to section 97 of this act.  The commissioner districts shall be altered as provided in chapter 53.16 RCW.

    Commissioner districts shall be used as follows:  (1) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district; and (2) only the voters of a commissioner district may vote at a primary ((election)) to nominate candidates for a commissioner of the commissioner district.  Voters of the entire port district may vote at a general election to elect a person as a commissioner of the commissioner district.

    ((In port districts having additional commissioners as authorized by RCW 53.12.120, 53.12.130, and 53.12.115, the powers of the port district shall be exercised through a port commission consisting of five members constituted as provided therein.))

NEW SECTION. Sec. 96.  A new section is added to chapter 53.12 RCW to read as follows:

    Any less than county-wide port district that uses commissioner districts may cease using commissioner districts as provided in this section.

    The commissioners of a less than county-wide port district that is divided into commissioner districts may adopt a resolution eliminating the use of commissioner districts in the port district.  A copy of the resolution shall be transmitted to the county auditor.  Commissioner districts shall not be used in that port district commencing at the next district election occurring one hundred twenty or more days after the county auditor receives a copy of the resolution.

    A ballot proposition authorizing the elimination of commissioner districts shall be submitted to the voters of a less than county-wide port district that is divided into commissioner districts if a petition is submitted to the port commission proposing that the port district cease using commissioner districts, that is signed by registered voters of the port district equal in number to at least ten percent of the number of voters who voted at the last district general election.  The port commission shall transfer the petition immediately to the county auditor who shall review the signatures and certify its sufficiency.  A ballot proposition authorizing the elimination of commissioner districts shall be submitted at the next district general election occurring sixty or more days after a petition with sufficient signatures was submitted.  If the ballot proposition authorizing the port district to cease using commissioner districts is approved by a simple majority vote, the port district shall cease using commissioner districts at all subsequent elections.  The port commission may adopt a resolution eliminating the use of commissioner districts in lieu of having the ballot proposition submitted to district voters.

NEW SECTION. Sec. 97.  A new section is added to chapter 53.04 RCW to read as follows:

    Three commissioner districts, each with approximately the same population, shall be described in the petition proposing the creation of a port district under RCW 53.04.020, if the process to create the port district was initiated by voter petition, or shall be described by the county legislative authority, if the process to initiate the creation of the port district was by action of the county legislative authority.  However, commissioner districts shall not be described if the commissioner districts of the proposed port district shall be the same as the county legislative authority districts.

    The initial port commissioners shall be elected as provided in RCW 53.12.172.

    Sec. 98.  RCW 53.04.023 and 1992 c 147 s 2 are each amended to read as follows:

    A less than county-wide port district with an assessed valuation of at least seventy-five million dollars may be created in a county ((bordering on saltwater)) that already has a less than county-wide port district located within its boundaries.  Except as provided in this section, such a port district shall be created in accordance with the procedure to create a county-wide port district.

    The effort to create such a port district is initiated by the filing of a petition with the county auditor calling for the creation of such a port district, describing the boundaries of the proposed port district, designating either three or five commissioner positions, describing commissioner districts if the petitioners propose that the commissioners represent districts, and providing a name for the proposed port district.  The petition must be signed by voters residing within the proposed port district equal in number to at least ten percent of such voters who voted at the last county general election.

    A public hearing on creation of the proposed port district shall be held by the county legislative authority if the county auditor certifies that the petition contained sufficient valid signatures.  Notice of the public hearing must be published in the county's official newspaper at least ten days prior to the date of the public hearing.  After taking testimony, the county legislative authority may make changes in the boundaries of the proposed port district if it finds that such changes are in the public interest and shall determine if the creation of the port district is in the public interest.  No area may be added to the boundaries unless a subsequent public hearing is held on the proposed port district.

    The county legislative authority shall submit a ballot proposition authorizing the creation of the proposed port district to the voters of the proposed port district, at any special election date provided in RCW 29.13.020, if it finds the creation of the port district to be in the public interest.

    The port district shall be created if a majority of the voters voting on the ballot proposition favor the creation of the port district.  The initial port commissioners shall be elected at the same election, from districts or at large, as provided in the petition initiating the creation of the port district.  The election shall be otherwise conducted as provided in RCW ((53.12.050)) 53.12.172, but the election of commissioners shall be null and void if the port district is not created.  ((Commissioner districts shall not be used in the initial election of the port commissioners.))

    This section shall expire July 1, 1997.

    Sec. 99.  RCW 53.12.172 and 1992 c 146 s 2 are each reenacted and amended to read as follows:

(1) In every port district the term of office of each port commissioner shall be four years in each port district that is county-wide with a population of one hundred thousand or more, or either six or four years in all other port districts as provided in RCW 53.12.175, and until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.

(2) The initial port commissioners shall be elected at the same election as when the ballot proposition is submitted to voters authorizing the creation of the port district.  If the port district is created the persons elected at this election shall serve as the initial port commission.  No primary shall be held.  The person receiving the greatest number of votes for commissioner from each commissioner district shall be elected as the commissioner of that district.

(3) The terms of office of the initial port commissioners shall be staggered as follows in a port district that is county-wide with a population of one hundred thousand or more:  (((1))) (a) The two persons who are elected receiving the two greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year, or three-year terms of office if the election is held in an even-numbered year, and shall hold office until successors are elected and qualified and assume office in accordance with RCW 29.04.170; and (((2))) (b) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year, or a one-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.

(4) The terms of office of the initial port commissioners in all other port districts shall be staggered as follows:  (a) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or to a five-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170; (b) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or to a three-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170; and (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.

(5) The initial port commissioners shall take office immediately after being elected and qualified, but the length of their terms shall be calculated from the first day in January in the year following their elections.

    Sec. 100.  RCW 53.12.115 and 1992 c 146 s 7 are each amended to read as follows:

    A ballot proposition shall be submitted to the voters of any port district authorizing an increase in the number of port commissioners to five whenever the port commission adopts a resolution proposing the increase in number of port commissioners or a petition ((requesting)) proposing such an increase has been submitted to the county auditor of the county in which the port district is located that has been signed by voters of the port district at least equal in number to ten percent of the number of voters in the port district who voted at the last general election.  The ballot proposition shall be submitted at the next general or special election occurring sixty or more days after the petition was submitted or resolution was adopted.

    At the next general or special election following the election in which an increase in the number of port commissioners was authorized, candidates for the two additional port commissioner positions shall be elected as provided in RCW 53.12.130.

    Sec. 101.  RCW 53.12.120 and 1992 c 146 s 8 are each amended to read as follows:

    When the population of a port district that has three commissioners reaches five hundred thousand, in accordance with the latest United States regular or special census or with the official state population estimate, there shall be submitted to the voters of the district, at the next district general election or at a special port election called for that purpose, the proposition of increasing the number of commissioners to five.  ((At any general election thereafter, the same proposition may be submitted by resolution of the port commissioners, by filing a certified copy of the resolution with the county auditor at least four months prior to the general election.  If the proposition is approved by the voters, the commission in that port district shall consist of five commissioners.))

At the next district general election following the election in which an increase in the number of port commissioners was authorized, candidates for the two additional port commissioner positions shall be elected as provided in RCW 53.12.130.

    Sec. 102.  RCW 53.12.130 and 1992 c 146 s 9 are each amended to read as follows:

    Two additional port commissioners shall be elected at the next district general election following the election at which voters authorized the increase in port commissioners to five members.  ((The two additional positions shall be numbered positions four and five.))

The port commissioners shall divide the port district into five commissioner districts prior to the first day of June in the year in which the two additional commissioners shall be elected.  The new commissioner districts shall be numbered one through five and the three incumbent commissioners shall represent commissioner districts one through three.  If, as a result of redrawing the district boundaries two or three of the incumbent commissioners reside in one of the new commissioner districts, the commissioners who reside in the same commissioner district shall determine by lot which of the first three numbered commissioner districts they shall represent for the remainder of their respective terms.  A primary shall be held to nominate candidates from districts four and five where necessary and commissioners shall be elected from commissioner districts four and five at the general election.  The persons ((receiving the highest number of votes for each position shall be elected to that position and)) elected as commissioners from commissioner districts four and five shall take office immediately after qualification as defined under RCW 29.01.135.

    In a port district where commissioners are elected to four-year terms of office, the additional commissioner thus elected receiving the highest number of votes shall be elected to a four-year term of office and the other additional commissioner thus elected shall be elected to a term of office of two years, if the election ((were)) is held in an odd-numbered year, or the additional commissioner thus elected receiving the highest number of votes shall be elected to a term of office of three years and the other shall be elected to a term of office of one year, if the election ((were)) is held in an even-numbered year.  In a port district where the commissioners are elected to six-year terms of office, the additional commissioner thus elected receiving the highest number of votes shall be elected to a six-year term of office and the other additional commissioner shall be elected to a four-year term of office, if the election is held in an odd-numbered year, or the additional commissioner receiving the highest number of votes shall be elected to a term of office of five-years and the other shall be elected to a three-year term of office, if the election is held in an even-numbered year.  The length of terms of office shall be computed from the first day of January in the year following this election.

    ((A successor to a commissioner holding position four or five whose term is about to expire, shall be elected at the general election next preceding such expiration, for a)) Successor commissioners from districts four and five shall be elected to terms of either six or four years, depending on the length of terms of office to which commissioners of that port district are elected.  ((Positions four and five shall not be associated with a commissioner district and the elections to both nominate candidates for those positions and elect commissioners for these positions shall be held on a port district-wide basis.))

    Sec. 103.  RCW 53.12.175 and 1992 c 146 s 3 are each amended to read as follows:

    A ballot proposition to reduce the terms of office of port commissioners from six years to four years shall be submitted to the voters of any port district that otherwise would have commissioners with six-year terms of office upon either resolution of the port commissioners or petition of voters of the port district proposing the reduction in terms of office, which petition has been signed by voters of the port district equal in number to at least ten percent of the number of voters in the port district voting at the last ((district)) general election.  The petition shall be submitted to the county auditor.  If the petition was signed by sufficient valid signatures, the ballot proposition shall be submitted at the next ((district)) general or special election that occurs sixty or more days after the adoption of the resolution or submission of the petition.

    If the ballot proposition reducing the terms of office of port commissioners is approved by a simple majority vote of the voters voting on the proposition, the commissioner or commissioners who are elected at that election shall be elected to four-year terms of office.  The terms of office of the other commissioners shall not be reduced, but each successor shall be elected to a four-year term of office.

    Sec. 104.  RCW 53.16.015 and 1992 c 146 s 10 are each amended to read as follows:

    ((In a port district that is not coterminous with a county that has three county legislative authority districts and that has port commissioner districts,)) The port commission of a port district that uses commissioner districts may redraw the commissioner district boundaries as provided in chapter 29.70 RCW at any time and submit the redrawn boundaries to the county auditor if the port district is not coterminous with a county that has the same number of county legislative authority districts as the port has port commissioners.  The new commissioner districts shall be used at the next election at which a port commissioner is regularly elected that occurs at least one hundred eighty days after the redrawn boundaries have been submitted.  Each commissioner district shall encompass as nearly as possible ((one-third of the population of the port district)) the same population."

    Renumber the remaining sections consecutively and correct any internal references accordingly.

ESHB 1464 - S AMD TO GO COMM AMD (S-2994.1/93)

By Senators Haugen, Winsley and Loveland

    On page 71, line 9 of the title amendment, after "70.95A.030," strike "and 70.95A.060" and insert "70.95A.060, 84.36.381, 54.16.030, 84.52.069, 53.12.010, 53.04.023, 53.12.115, 53.12.120, 53.12.130, 53.12.175, and 53.16.015; reenacting and amending RCW 53.12.172;"

    On page 71, line 14 of the title amendment, after "70.77 RCW;" insert "adding a new section to chapter 84.52 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 53.12 RCW; adding a new section to chapter 53.04 RCW; creating a new section;"

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