1316-S AAS 4/19/91

 

 

 

SHB 1316 - S AMD

By Senator Madsen

 

                                                       ADOPTED 4/19/91 - Voice Vote

 

     On page 16, beginning on line 1, strike all of section 16

 

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

 

 

 

SHB 1316 - S AMD

By Senator Madsen

 

                                                       ADOPTED 4/19/91 - Voice Vote

 

     On page 18, line 19, after "shall" strike "either" and insert "((either))"

 

     On page 18, beginning on line 20, after "same" strike all material through "((; and))" on line 24, and insert "((, or shall during the month of February publish once in a newspaper having general circulation in the county a listing of the levies made in the respective taxing districts and shall upon request furnish such a listing to any one requesting the same; and))"

 

 

 

SHB 1316 - S AMD

By Senator Madsen

 

                                                       ADOPTED 4/19/91 - Voice Vote

 

     On page 39, at the beginning of line 15, strike "Ad" and insert "On the order of the county treasurer, ad"

 

 

 

SHB 1316 - S AMD

By Senator Madsen

 

                                                       ADOPTED 4/19/19 - Voice Vote

 

     On page 43, after line 25, insert the following:

 

     "Sec. 38.  RCW 84.56.290 and 1987 c 168 s 3 are each amended to read as follows:

     Whenever any tax shall have been heretofore, or shall be hereafter, canceled, reduced or modified in any final judicial, county board of equalization, state board of tax appeals, or administrative proceeding; or whenever any tax shall have been heretofore, or shall be hereafter canceled by sale of property to any irrigation district under foreclosure proceedings for delinquent irrigation district assessments; or whenever any contracts or leases on public lands shall have been heretofore, or shall be hereafter, canceled and the tax thereon remains unpaid for a period of two years, the director of revenue shall, upon receipt from the county treasurer of a certified copy of the final judgment, order, or decree canceling, reducing, or modifying taxes, or of a certificate from the county treasurer of the cancellation by sale to an irrigation district, or of a certificate from the commissioner of public lands and the county treasurer of the cancellation of public land contracts or leases and nonpayment of taxes thereon, as the case may be, make corresponding entries and corrections on ((his)) the director's records of the state's portion of reduced or canceled tax.

     Upon canceling taxes deemed uncollectible, the county commissioners shall notify the county treasurer of such action, whereupon the county treasurer shall deduct on ((his)) the treasurer's records the amount of such uncollectible taxes due the various state funds and shall immediately notify the department of revenue of ((his)) the treasurer's action and of the reason therefor; which uncollectible tax shall not then nor thereafter be due or owing the various state funds and the necessary corrections shall be made by the county treasurer upon the quarterly settlement next following.

     When any assessment of property is made which does not appear on the assessment list certified by the county board of equalization to the ((state board)) department of ((equalization)) revenue the county assessor shall indicate to the county treasurer the assessments and the taxes due therefrom when the list is delivered to the county treasurer on December 15th.  The county treasurer shall then notify the department of revenue of the taxes due the state from the assessments which did not appear on the assessment list certified by the county board of equalization to the ((state board)) department of ((equalization)) revenue.  The county treasurer shall make proper accounting of all sums collected as either advance tax, compensating or additional tax, or supplemental or omitted tax and shall notify the department of revenue of the amounts due the various state funds according to the levy used in extending such tax, and those amounts shall immediately become due and owing to the various state funds, to be paid to the state treasurer in the same manner as taxes extended on the regular tax roll."

 

     "Sec. 39.  RCW 84.69.070 and 1973 2nd ex.s. c 5 s 3 are each amended to read as follows:

     Refunds ordered with respect to taxing districts shall be paid by checks drawn by the county treasurer upon such available funds, if any, as the taxing districts may have on deposit in the county treasury, or in the event such funds are insufficient, then out of funds subsequently accruing to such taxing district and on deposit in the county treasury.  When such refunds are made as a result of taxes paid under levies or statutes adjudicated to be illegal or unconstitutional all administrative costs including interest paid on the refunds incurred by the county treasurer in making such refunds shall be a charge against the funds of such districts and/or the state on a pro rata basis until the county current expense fund is fully reimbursed for the administrative expenses incurred in making such refund:  PROVIDED, That whenever orders for refunds of ad valorem taxes promulgated by ((boards of county commissioners)) the county treasurer or county legislative authority and unpaid checks shall expire and become void as provided in RCW 84.69.110, then any moneys remaining in a refund account established by the county treasurer for any taxing district may be transferred by the county treasurer from such refund account to the county current expense fund to reimburse the county for the administrative expense incurred in making refunds as prescribed herein.  Any excess then remaining in the taxing district refund account may then be transferred by the county treasurer to the current expense fund of the taxing district for which the tax was originally levied and collected."

 

     "Sec. 40.  RCW 84.69.110 and 1961 c 15 s 84.69.110 are each amended to read as follows:

     Every order for refund of ad valorem taxes promulgated by the ((board of county commissioners)) county treasurer or county legislative authority under authority of this chapter as hereafter amended shall expire and be void three years from the date of the order and all unpaid checks shall become void."

 

     "Sec. 41.  RCW 84.69.120 and 1989 c 378 s 33 are each amended to read as follows:

     If the county ((legislative authority)) treasurer rejects a claim or fails to act within six months from the date of filing of a claim for refund in whole or in part, the person who paid the taxes, the

person's guardian, executor, or administrator may within one year after the date of the filing of the claim commence an action in the superior court against the county to recover the taxes which the county ((legislative authority)) treasurer has refused to refund."

 

     "NEW SECTION.  Sec. 42.  The following sections are decodified:

     (1) RCW 84.28.005;

     (2) RCW 84.28.006;

     (3) RCW 84.28.010;

     (4) RCW 84.28.020;

     (5) RCW 84.28.050;

     (6) RCW 84.28.060;

     (7) RCW 84.28.063;

     (8) RCW 84.28.065;

     (9) RCW 84.28.080;

     (10) RCW 84.28.090;

     (11) RCW 84.28.095;

     (12) RCW 84.28.100;

     (13) RCW 84.28.110;

     (14) RCW 84.28.140;

     (15) RCW 84.28.150;

     (16) RCW 84.28.160;

     (17) RCW 84.28.170;

     (18) RCW 84.28.200;

     (19) RCW 84.28.205;

     (20) RCW 84.28.210; and

     (21) RCW 84.28.215."

 

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

 

 

 

SHB 1316 - S AMD

By Senator Madsen

 

                                                       ADOPTED 4/19/19 - Voice Vote

 

     On page 44, after line 14, insert the following:

 

     "NEW SECTION.  Sec. 39.    The following acts or parts of acts are each repealed:

     (1) RCW 84.04.043 and 1979 c 107 s 26;

     (2) RCW 84.08.110 and 1975 1st ex.s. c 278 s 154 & 1961 c 15 s 84.08.110;

     (3) RCW 84.40.100 and 1961 c 15 s 84.40.100;

     (4) RCW 84.40.250 and 1961 c 15 s 84.40.250;

     (5) RCW 84.40.330 and 1975 1st ex.s. c 278 s 196 & 1961 c 15 s 84.40.330;

     (6) RCW 84.40A.020 and 1971 ex.s. c 43 s 2;

     (7) RCW 84.40A.030 and 1971 ex.s. c 43 s 3;

     (8) RCW 84.40A.040 and 1971 ex.s. c 43 s 4;

     (9) RCW 84.40A.050 and 1971 ex.s. c 43 s 5;

     (10) RCW 84.44.040 and 1961 c 15 s 84.44.040;

     (11) RCW 84.44.060 and 1961 c 15 s 84.44.060; and

     (12) RCW 84.44.070 and 1961 c 15 s 84.44.070."

 

 

 

SHB 1316 - S AMD

By Senator Madsen

 

                                                       ADOPTED 4/19/91 - Voice Vote

 

     On page 1, line 4 of the title, after "82.45.180," strike "84.08.110,"

 

     On page 1, line 7 of the title, after "85.05.280," strike "and" and after "85.05.360" insert ", 84.56.290, 84.69.070, 84.69.110, and 84.69.120"

 

     On page 1, line 8 of the title, after "36.88 RCW;" insert "decodifying RCW 84.28.005, 84.28.006, 84.28.010, 84.28.020, 84.28.050, 84.28.060, 84.28.063, 84.28.065, 84.28.080, 84.28.090, 84.28.095, 84.28.100, 84.28.110, 84.28.140, 84.28.150, 84.28.160, 84.28.170, 84.28.200, 84.28.205, 84.28.210, and 84.28.215;"

 

     On page 1, line 10 of the title, after "84.64.210," strike "and" and after "84.64.240" insert ", 84.04.043, 84.08.110, 84.40.100, 84.40.250, 84.40.330, 84.40A.020, 84.40A.030, 84.40A.040, 84.40A.050, 84.44.040, 84.44.060, and 84.44.070"