S-1928.1          _______________________________________________

 

                            SUBSTITUTE SENATE BILL 5818

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Senate Committee on Ways & Means (originally sponsored by Senators Metcalf and Owen).

 

Read first time March 11, 1991.Providing for locally determined property tax assessment levels.


     AN ACT Relating to locally determined property tax assessment levels; amending RCW 84.04.030, 84.40.030, 84.40.040, 84.40.045, 84.40.060, 84.40.320, 84.41.041, 84.48.010, 84.48.065, 84.48.075, 84.48.080, 84.48.130, 84.52.043, 84.52.080, 84.12.270, 84.12.350, 84.16.040, 84.16.110, 84.52.063, and 84.70.010; adding a new section to chapter 84.40 RCW; adding a new section to chapter 84.48 RCW; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     Sec. 1.  RCW 84.04.030 and 1961 c 15 s 84.04.030 are each amended to read as follows:

     "Assessed value of property" shall be held and construed to mean the aggregate valuation of the property subject to taxation by any taxing district as determined under section 3 of this act and placed on the last completed and balanced tax rolls of the county preceding the date of any tax levy.

 

     Sec. 2.  RCW 84.40.030 and 1988 c 222 s 14 are each amended to read as follows:

     All property shall be valued at one hundred percent of its true and fair value in money ((and assessed on the same basis)), unless specifically provided otherwise by law, and assessed as provided in section 3 of this act.

     Taxable leasehold estates shall be valued at such price as they would bring at a fair, voluntary sale for cash without any deductions for any indebtedness owed including rentals to be paid.  ((Notwithstanding any other provisions of this section or of any other statute, when the value of any taxable leasehold estate created prior to January 1, 1971 is being determined for assessment years prior to the assessment year 1973, there shall be deducted from what would otherwise be the value thereof the present worth of the rentals and other consideration which may be required of the lessee by the lessor for the unexpired term thereof:  PROVIDED, That the foregoing provisions of this sentence shall not apply to any extension or renewal, made after December 31, 1970 of the term of any such estate, or to any such estate after the date, if any, provided for in the agreement for rental renegotiation.))

     The true and fair value of real property for taxation purposes (including property upon which there is a coal or other mine, or stone or other quarry) shall be based upon the following criteria:

     (1) Any sales of the property being appraised or similar properties with respect to sales made within the past five years.  The appraisal shall take into consideration political restrictions such as zoning as well as physical and environmental influences.  The appraisal shall also take into account, (a) in the use of sales by real estate contract as similar sales, the extent, if any, to which the stated selling price has been increased by reason of the down payment, interest rate, or other financing terms; and (b) the extent to which the sale of a similar property actually represents the general effective market demand for property of such type, in the geographical area in which such property is located.  Sales involving deed releases or similar seller-developer financing arrangements shall not be used as sales of similar property.

     (2) In addition to sales as defined in subsection (1) of this section, consideration may be given to cost, cost less depreciation, reconstruction cost less depreciation, or capitalization of income that would be derived from prudent use of the property.  In the case of property of a complex nature, or being used under terms of a franchise from a public agency, or operating as a public utility, or property not having a record of sale within five years and not having a significant number of sales of similar property in the general area, the provisions of this subsection (2) shall be the dominant factors in valuation.  When provisions of this subsection (2) are relied upon for establishing values the property owner shall be advised upon request of the factors used in arriving at such value.

     (3) In valuing any tract or parcel of real property, the true and fair value of the land, exclusive of structures thereon shall be determined; also the true and fair value of structures thereon, but the true and fair valuation shall not exceed the true and fair value of the total property as it exists.  In valuing agricultural land, growing crops shall be excluded.

 

     NEW SECTION.  Sec. 3.  A new section is added to chapter 84.40 RCW to read as follows:

     (1) All property shall be assessed for property tax purposes at one hundred percent of its true and fair value in money unless otherwise provided by the county legislative authority. 

     (2) The county legislative authority may provide that property be assessed at a percentage rate that is less than one hundred percent, but all property shall be assessed at a uniform rate of assessment.

     (3) Any change in assessment levels shall be pursuant to a resolution adopted no later than July 1st for taxes payable in the following year and thereafter.  Assessment levels shall only be changed to begin with the first year of the revaluation cycle unless all property is revalued for that assessment year pursuant to the revaluation plan under chapter 84.41 RCW either by physical inspection or based upon statistical data.

 

     Sec. 4.  RCW 84.40.040 and 1988 c 222 s 15 are each amended to read as follows:

     The assessor shall begin the preliminary work for each assessment not later than the first day of December of each year in all counties in the state.  The assessor shall also complete the duties of listing and placing valuations on all property by May 31st of each year, except that the listing and valuation of construction and mobile homes under RCW ((36.21.040 through)) 36.21.080 and 36.21.090 shall be completed by August 31st of each year, and in the following manner, to wit:

     The assessor shall actually determine as nearly as practicable the true and fair value of each tract or lot of land listed for taxation and of each improvement located thereon and shall enter as true and fair value one hundred percent of the true and fair value of such land and of the total true and fair value of such improvements, together with the total of such one hundred percent valuations, opposite each description of property on the assessment list and tax roll.

     The assessor shall determine the assessed value according to the level of assessment in the county for the assessment year for each tract or lot of land listed for taxation, including improvements located thereon, and shall also enter this value opposite each description of property on the assessment list and tax roll.

     The assessor shall make an alphabetical list of the names of all persons in the county liable to assessment of personal property, and require each person to make a correct list and statement of such property according to the standard form prescribed by the department of revenue, which statement and list shall include, if required by the form, the year of acquisition and total original cost of personal property in each category of the prescribed form, and shall be signed and verified under penalty of perjury by the person listing the property:  PROVIDED, That the assessor may list and value improvements on publicly owned land in the same manner as real property is listed and valued, including conformance with the revaluation program required under chapter 84.41 RCW.  Such list and statement shall be filed on or before the last day of April.  The assessor shall on or before the 1st day of January of each year mail a notice to all such persons at their last known address that such statement and list is required, such notice to be accompanied by the form on which the statement or list is to be made:  PROVIDED, That the notice mailed by the assessor to each taxpayer each year shall, if practicable, include the statement and list of personal property of the taxpayer for the preceding year.  Upon receipt of such statement and list the assessor shall thereupon determine the true and fair value of the property included in such statement and enter as the true and fair value one hundred percent of the same on the assessment roll opposite the name of the party assessed and shall determine the assessed value according to the level of assessment in the county for the assessment year and shall enter this value on the assessment roll opposite the name of the party assessed; and in making such entry in the assessment list, the assessor shall give the name and post office address of the party listing the property, and if the party resides in a city the assessor shall give the street and number or other brief description of the party's residence or place of business.  The assessor may, after giving written notice of the action to the person to be assessed, add to the assessment list any taxable property which should be included in such list.

 

     Sec. 5.  RCW 84.40.045 and 1977 ex.s. c 181 s 1 are each amended to read as follows:

     The assessor shall give notice of any change in the true and fair value of real property for the tract or lot of land and any improvements thereon no later than thirty days after appraisal:  PROVIDED, That no such notice shall be mailed during the period from January 15 to February 15 of each year:  PROVIDED FURTHER, That no notice need be sent with respect to changes in valuation of forest land made pursuant to chapter 84.33 RCW.

     The notice shall contain a statement of both the prior and the new true and fair and assessed value and the ratio of the assessed value to the true and fair value on which the assessment of the property is based, stating separately land and improvement values, and a brief statement of the procedure for appeal to the board of equalization and the time, date, and place of the meetings of the board.

     The notice shall be mailed by the assessor to the taxpayer.

     If any taxpayer, as shown by the tax rolls, holds solely a security interest in the real property which is the subject of the notice, pursuant to a mortgage, contract of sale, or deed of trust, such taxpayer shall, upon written request of the assessor, supply, within thirty days of receipt of such request, to the assessor the name and address of the person making payments pursuant to the mortgage, contract of sale, or deed of trust, and thereafter such person shall also receive a copy of the notice provided for in this section.  Willful failure to comply with such request within the time limitation provided for herein shall make such taxpayer subject to a civil penalty of five dollars for each parcel of real property within the scope of the request in which it holds the security interest, the aggregate of such penalties in any one year not to exceed five thousand dollars.  The penalties provided for herein shall be recoverable in an action by the county prosecutor, and when recovered shall be deposited in the county current expense fund.  The assessor shall make the request provided for by this section during the month of January.

 

     Sec. 6.  RCW 84.40.060 and 1988 c 222 s 16 are each amended to read as follows:

     Upon receipt of the verified statement of personal property, the assessor shall assess the value of such property according to the level of assessment in the county for the assessment year:  PROVIDED, If any property is listed or assessed on or after the 31st day of May, the same shall be legal and binding as if listed and assessed before that time: PROVIDED, FURTHER, That any statement of taxable property which is not signed by the person listing the property and which is not verified under penalty of perjury shall not be accepted by the assessor nor shall it be considered in any way to constitute compliance, or an attempt at compliance, with the listing requirements of this chapter.

 

     Sec. 7.  RCW 84.40.320 and 1988 c 222 s 18 are each amended to read as follows:

     The assessor shall add up and note the amount of each column in the detail and assessment lists in such manner as prescribed or approved by the state department of revenue, as will provide a convenient and permanent record of assessment.  The assessor shall also make, under proper headings, a certification of the assessment rolls and on the 15th day of July shall file the same with the clerk of the county board of equalization for the purpose of equalization by the ((said)) board.  Such certificate shall be verified by an affidavit, substantially in the following form:

 

State of Washington, .......... County, ss.

     I, .........., Assessor .........., do solemnly swear that the assessment rolls and this certificate contain a correct and full list of all the real and personal property subject to taxation in this county for the assessment year 19.., so far as I have been able to ascertain the same; and that the assessed value set down in the proper column, opposite the several kinds and descriptions of property, is in each case, except as otherwise provided by law, ((one hundred percent)) the percentage of the true and fair value of such property subject to assessment under section 3 of this act, to the best of my knowledge and belief, and that the assessment rolls and this certificate are correct, as I verily believe.

 

                             ...................., Assessor.

     Subscribed and sworn to before me this ..... day of .........., 19...

(L. S.) .........., Auditor of .......... county.

 

PROVIDED, That the failure of the assessor to complete the certificate shall in nowise invalidate the assessment.  After the same has been duly equalized by the county board of equalization, the same shall be delivered to the county assessor.

 

     Sec. 8.  RCW 84.41.041 and 1987 c 319 s 4 are each amended to read as follows:

     Each county assessor shall cause taxable real property to be physically inspected and valued at least once every six years in accordance with RCW 84.41.030, and in accordance with a plan filed with and approved by the department of revenue.  Such revaluation plan shall provide that a reasonable portion of all taxable real property within a county shall be revalued and these newly-determined values placed on the assessment rolls each year.  The department may approve a plan that provides that all property in the county be revalued every two years.  If the revaluation plan provides for physical inspection at least once each four years, during the intervals between each physical inspection of real property, the valuation of such property may be adjusted to its current true and fair value, such adjustments to be based upon appropriate statistical data.  If the revaluation plan provides for physical inspection less frequently than once each four years, during the intervals between each physical inspection of real property, the valuation of such property shall be adjusted to its current true and fair value, such adjustments to be made once each year and to be based upon appropriate statistical data.  If the valuation is changed, the property shall be reassessed according to the level of assessment in the county for the assessment year.

     The assessor may require property owners to submit pertinent data respecting taxable property in their control including data respecting any sale or purchase of said property within the past five years, the cost and characteristics of any improvement on the property and other facts necessary for appraisal of the property.

 

     Sec. 9.  RCW 84.48.010 and 1988 c 222 s 20 are each amended to read as follows:

     Prior to July 15th, the county legislative authority shall form a board for the equalization of the assessment of the property of the county.  The members of said board shall receive a per diem amount as set by the county legislative authority for each day of actual attendance of the meeting of the board of equalization to be paid out of the current expense fund of the county:  PROVIDED, That when the county legislative authority constitute the board they shall only receive their compensation as members of the county legislative authority.  The board of equalization shall meet in open session for this purpose annually on the 15th day of July and, having each taken an oath fairly and impartially to perform their duties as members of such board, they shall examine and compare the returns of the assessment of the property of the county and proceed to equalize the same, so that the value of each tract or lot of real property and each article or class of personal property shall be entered on the assessment list at its true and fair value, ((according to the measure of value used by the county assessor in such assessment year, which is presumed to be correct pursuant to RCW 84.40.0301,)) and so that the assessed value of each tract or lot of real property is entered on the assessment list at its correct amount, subject to the following rules:

     First.  They shall raise the valuation of each tract or lot or item of real property which is returned below its true and fair value to such price or sum as to be the true and fair value thereof, and raise the assessed valuation of each tract or lot or item of real property which is returned below its correct amount to the correct amount after at least five days' notice shall have been given in writing to the owner or agent.

     Second.  They shall reduce the valuation of each tract or lot or item which is returned above its true and fair value to such price or sum as to be the true and fair value thereof and reduce the assessed valuation of each tract or lot or item of real property which is returned above its correct amount to the correct amount.

     Third.  They shall raise the valuation of each class of personal property which is returned below its true and fair value to such price or sum as to be the true and fair value thereof, and they shall raise the aggregate value of the personal property of each individual whenever the aggregate value is less than the true valuation of the taxable personal property possessed by such individual, to such sum or amount as to be the true value thereof, after at least five days' notice shall have been given in writing to the owner or agent thereof.

     Fourth.  They shall reduce the valuation of each class of personal property enumerated on the detail and assessment list of the current year, which is returned above its true and fair value, to such price or sum as to be the true and fair value thereof; and they shall reduce the aggregate valuation of the personal property of such individual who has been assessed at too large a sum to such sum or amount as was the true and fair value of the personal property.

     Fifth.  The board may review all claims for either real or personal property tax exemption as determined by the county assessor, and shall consider any taxpayer appeals from the decision of the assessor thereon to determine (1) if the taxpayer is entitled to an exemption, and (2) if so, the amount thereof.

     The clerk of the board shall keep an accurate journal or record of the proceedings and orders of said board showing the facts and evidence upon which their action is based, and the said record shall be published the same as other proceedings of county legislative authority, and shall make a true record of the changes of the descriptions and ((assessed)) values ordered by the county board of equalization.  The assessor shall recalculate assessed values and correct the real and personal assessment rolls in accordance with the changes made by the said county board of equalization, and the assessor shall make duplicate abstracts of such corrected values, one copy of which shall be retained in the office, and one copy forwarded to the department of revenue on or before the eighteenth day of August next following the meeting of the county board of equalization.

     The county board of equalization shall meet on the 15th day of July and may continue in session and adjourn from time to time during a period not to exceed four weeks, but shall remain in session not less than three days: PROVIDED, That the county board of equalization with the approval of the county legislative authority may convene at any time when petitions filed exceed twenty-five, or ten percent of the number of appeals filed in the preceding year, whichever is greater.

     No taxes, except special taxes, shall be extended upon the tax rolls until the property valuations are equalized by the department of revenue for the purpose of raising the state revenue.

     County legislative authorities as such shall at no time have any authority to change the valuation of the property of any person or to release or commute in whole or in part the taxes due on the property of any person.

 

     Sec. 10.  RCW 84.48.065 and 1989 c 378 s 14 are each amended to read as follows:

     The county assessor or treasurer may cancel or correct assessments on the assessment or tax rolls which are erroneous due to manifest errors in description, double assessments, clerical errors in extending the rolls, clerical errors in calculating the assessed value, and such manifest errors in the listing of the property which do not involve a revaluation of property, such as the assessment of property exempted by law from taxation or the failure to deduct the exemption allowed by law to the head of a family.  When the county assessor cancels or corrects an assessment, the assessor shall send a notice to the taxpayer advising the taxpayer that the action of the county assessor is not final and shall be considered by the county board of equalization, and that such notice shall constitute legal notice of such fact.  When the county assessor or treasurer cancels or corrects an assessment, a record of such action shall be prepared and filed with the county board of equalization, setting forth therein the facts relating to the error.  The record shall also set forth by legal description all property belonging exclusively to the state, any county, or any municipal corporation whose property is exempt from taxation, upon which there remains, according to the tax roll, any unpaid taxes.

     The county board of equalization shall consider only such matters as appear in the record filed with it by the county assessor or treasurer and shall correct only such matters as are set forth in the record, but it shall have no power to change or alter the assessment of any person, or change the aggregate value of the taxable property of the county, except insofar as it is necessary to correct the errors mentioned in this section.  If the county board of equalization finds that the action of the assessor was not correct, it shall issue a supplementary roll including such corrections as are necessary, and the assessment and levy shall have the same force and effect as if made in the first instance, and the county treasurer shall proceed to collect the taxes due on the supplementary roll.  The board shall make findings of the facts upon which it bases its decision on all matters submitted to it, and when so made the assessment and levy shall have the same force as if made in the first instance, and the county treasurer shall proceed to collect the taxes due on the rolls as modified.

     The county board of equalization shall convene on a day fixed by the board for the purpose of considering such matters as appear in the record filed by the county assessor or treasurer.

 

     Sec. 11.  RCW 84.48.075 and 1988 c 222 s 23 are each amended to read as follows:

     (1) The department of revenue shall annually, prior to the first Monday in September, determine and submit to each assessor a preliminary indicated ratio for each county: PROVIDED, That the department shall establish rules and regulations pertinent to the determination of the indicated ratio, the indicated real property ratio and the indicated personal property ratio:  PROVIDED FURTHER, That these rules and regulations may provide that data, as is necessary for said determination, which is available from the county assessor of any county and which has been audited as to its validity by the department, shall be utilized by the department in determining the indicated ratio.

     (2) To such extent as is reasonable, the department may define use classes of property for the purposes of determination of the indicated ratio.  Such use classes may be defined with respect to property use and may include agricultural, open space, timber and forest lands.

     (3) The department shall review each county's preliminary ratio with the assessor, a landowner, or an owner of an intercounty public utility or private car company of that county, if requested by the assessor, a landowner, or an owner of an intercounty public utility or private car company of that county, respectively, between the first and third Mondays of September.  Prior to equalization of assessments pursuant to RCW 84.48.080 and after the third Monday of September, the department shall certify to each county assessor the real and personal property ratio for that county.

     (4) The department of revenue shall also examine procedures used by the assessor to assess real and personal property in the county, including calculations, use of prescribed value schedules, and efforts to locate all taxable property in the county.  If any examination by the department discloses other than market value is being used to determine assessments to be listed on the county assessment rolls of the county by the assessor and, after due notification by the department, is not corrected, the department of revenue shall, in accordance with rules adopted by the department, adjust the ratio of that type of property, which adjustment shall be used for determining the county's indicated ratio.

 

     Sec. 12.  RCW 84.48.080 and 1990 c 283 s 1 are each amended to read as follows:

     Annually during the months of September and October, the department of revenue shall examine and compare the returns of the assessment of the property in the several counties of the state, and the assessment of the property of railroad and other companies assessed by the department, and proceed to equalize the same, so that each county in the state shall pay its due and just proportion of the taxes for state purposes for such assessment year, according to the ratio the true and fair valuation of the property in each county bears to the total true and fair valuation of all property in the state.

     First.  The department shall classify all property, real and personal, and shall raise and lower the valuation of any class of property in any county to a value that shall be equal, so far as possible, to the true and fair value of such class as of January 1st of the current year for the purpose of ascertaining the just amount of tax due from each county for state purposes.  In equalizing personal property as of January 1st of the current year, the department shall use the assessment level of the preceding year.  Such classification may be on the basis of types of property, geographical areas, or both.

     Second.  The department shall keep a full record of its proceedings and the same shall be published annually by the department.

     The department shall levy the state taxes authorized by law:  PROVIDED, That the amount levied in any one year for general state purposes shall not exceed the lawful dollar rate on the dollar of the assessed value of the property of the entire state((, which assessed value shall be)) equalized to one hundred percent of the true and fair value of such property in money.  The department shall apportion the amount of tax for state purposes levied by the department, among the several counties, in proportion to the true and fair valuation of the taxable property of the county for the year as equalized by the department:  PROVIDED, That for purposes of this apportionment, the department shall recompute the previous year's levy and the apportionment thereof to correct for changes and errors in taxable values reported to the department after October 1 of the preceding year and shall adjust the apportioned amount of the current year's state levy for each county by the difference between the apportioned amounts established by the original and revised levy computations for the previous year.  For purposes of this section, changes in taxable values mean a final adjustment made by a county board of equalization, the state board of tax appeals, or a court of competent jurisdiction and shall include additions of omitted property, other additions or deletions from the assessment or tax rolls, or a change in the indicated ratio of a county.  Errors in taxable values mean errors corrected by a final reviewing body.

     The department shall have authority to adopt rules and regulations to enforce obedience to its orders in all matters in relation to the returns of county assessments, the equalization of values, and the apportionment of the state levy by the department.

     After the completion of the duties hereinabove prescribed, the director of the department shall certify the record of the proceedings of the department under this section, the tax levies made for state purposes and the apportionment thereof among the counties, and the certification shall be available for public inspection.

 

     NEW SECTION.  Sec. 13.  A new section is added to chapter 84.48 RCW to read as follows:

     Using the indicated ratios computed for the county by the department under RCW 84.48.075 and the assessment levels used by the counties in which a multicounty taxing district is located, the department shall equalize the assessments of property in multicounty taxing districts, other than the state, in which a portion of the multicounty taxing district is located within a county whose assessment level under section 3 of this act is less than one hundred percent of true and fair value.  The department shall equalize the assessments in a similar manner and at similar times as values are equalized for the state levy so that each county pays its due and just proportion of the taxes levied by the multicounty taxing district.  The values shall be equalized to the level of assessment in the county whose level of assessment is the closest to one hundred percent of true and fair value according to the ratio that the value of property in each county bears to the total valuation of all property in the multicounty taxing district.  The equalized values shall be certified to the counties in which the multicounty district is located in the same manner as the state levy is certified to counties.

     The department may adopt any rules as may be necessary to implement this section.

 

     Sec. 14.  RCW 84.48.130 and 1975 1st ex.s. c 278 s 207 are each amended to read as follows:

     It shall be the duty of the county assessor of each county, when he or she shall have received from the state department of revenue the certificate of the ((assessed)) valuation of the property of railroad and/or other companies assessed by the department of revenue and apportioned to the county, and shall have assessed the property according to the assessment level in the county for the assessment year and distributed the assessed value ((so certified to him)) to the several taxing districts in ((his)) the county entitled to a proportionate value thereof, and placed the same upon the tax rolls of the county, to certify to the board of county commissioners and to the officers authorized by law to estimate expenditures and/or levy taxes for any taxing district coextensive with the county, the total assessed value of property in the county as shown by the completed tax rolls, and to certify to the officers authorized by law to estimate expenditures and/or levy taxes for each taxing district in the county not coextensive with the county, the total assessed value of the property in such taxing district.

 

     Sec. 15.  RCW 84.52.043 and 1990 c 234 s 1 are each amended to read as follows:

     Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows:

     (1) Levies of the senior taxing districts shall be as follows:  (a) The levy by the state shall not exceed three dollars and sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (c) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (d) the levy by any city or town shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value.  However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.

     (2) ((Except as provided in RCW 84.52.100,)) Levies by any multicounty taxing district other than the state shall not exceed its statutorily authorized rate per thousand dollars of assessed value adjusted to an equalized value as provided in section 13 of this act.

     (3) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation adjusted to an equalized value as provided in section 13 of this act.  The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts.  The limitations provided in this subsection shall not apply to:  (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; and (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069.

 

     Sec. 16.  RCW 84.52.080 and 1989 c 378 s 16 are each amended to read as follows:

     (1) The county assessor shall extend the taxes upon the tax rolls in the form herein prescribed.  The rate percent necessary to raise the amounts of taxes levied for state and county purposes, and for purposes of taxing districts coextensive with the county, shall be computed upon the assessed value of the property of the county; the rate percent necessary to raise the amount of taxes levied for any taxing district within the county shall be computed upon the assessed value of the property of the district; the rate percent necessary to raise the amount of taxes levied for any multicounty taxing district within the county shall be computed upon the assessed value of the property of the district as adjusted to an equalized value as provided in section 13 of this act; and all taxes assessed against any property shall be added together and extended on the rolls in a column headed consolidated or total tax.  In extending any tax, whenever it amounts to a fractional part of a cent greater than five mills it shall be made one cent, and whenever it amounts to five mills or less than five mills it shall be dropped.  The amount of all taxes shall be entered in the proper columns, as shown by entering the rate percent necessary to raise the consolidated or total tax and the total tax assessed against the property.

     (2) For the purpose of computing the rate necessary to raise the amount of any excess levy in a taxing district which has classified or designated forest land under chapter 84.33 RCW, other than the state, the county assessor shall add the district's timber assessed value, as defined in RCW 84.33.035, to the assessed value of the property:  PROVIDED, That for school districts maintenance and operations levies only one-half of the district's timber assessed value or eighty percent of the timber roll of such district in calendar year 1983 as determined under chapter 84.33 RCW, whichever is greater, shall be added.

     (3) Upon the completion of such tax extension, it shall be the duty of the county assessor to make in each assessment book, tax roll or list a certificate in the following form:

 

     I, .........., assessor of .......... county, state of Washington, do hereby certify that the foregoing is a correct list of taxes levied on the real and personal property in the county of .......... for the year ((one thousand nine hundred and ..........)) 19...

     Witness my hand this ..... day of .........., 19...

 

 

                            ..............., County Assessor

 

     (4) The county assessor shall deliver said tax rolls to the county treasurer, on or before the fifteenth day of January, taking receipt therefor, and at the same time the county assessor shall provide the county auditor with an abstract of the tax rolls showing the total amount of taxes collectible in each of the taxing districts.

 

     Sec. 17.  RCW 84.12.270 and 1975 1st ex.s. c 278 s 165 are each amended to read as follows:

     The department of revenue shall annually make an assessment of the operating property of all companies; and between the fifteenth day of March and the first day of July of each of said years shall prepare an assessment roll upon which it shall enter ((and assess)) the true cash value of all the operating property of each of such companies as of the first day of January of the year in which the assessment is made.  For the purpose of determining the true cash value of such property the department of revenue may inspect the property belonging to said companies and may take into consideration any information or knowledge obtained by it from such examination and inspection of such property, or of the books, records and accounts of such companies, the statements filed as required by this chapter, the reports, statements or returns of such companies filed in the office of any board, office or commission of this state or any county thereof, the earnings and earning power of such companies, the franchises owned or used by such companies, the assessed valuation of any and all property of such companies, whether operating or nonoperating property, and whether situated within or outside the state, and any other facts, evidence or information that may be obtainable bearing upon the value of the operating property:  PROVIDED, That in no event shall any statement or report required from any company by this chapter be conclusive upon the department of revenue in determining the amount, character and true cash value of the operating property of such company.

 

     Sec. 18.  RCW 84.12.350 and 1967 ex.s. c 26 s 17 are each amended to read as follows:

     Upon determination by the department of revenue of the true and correct actual cash value of the property appearing on such rolls it shall apportion such value to the respective counties entitled thereto, as hereinafter provided, and shall determine the equalized assessed valuation of such property in each such county and in the several taxing districts therein, by applying to such actual apportioned value the same ratio as the ratio of assessed to actual value of the general property in such county:  PROVIDED, That, whenever the amount of the true and correct value of the operating property of any company otherwise apportionable to any county or other taxing district shall be less than two hundred fifty dollars, such amount need not be apportioned to such county or taxing district but may be added to the amount apportioned to an adjacent county or taxing district.  The property shall be assessed for local taxes at the same level as other property in the county.

 

     Sec. 19.  RCW 84.16.040 and 1975 1st ex.s. c 278 s 179 are each amended to read as follows:

     The department of revenue shall annually make an assessment of the operating property of each private car company; and between the first day of May and the first day of July of each of said years shall prepare an assessment roll upon which it shall enter ((and assess)) the true cash value of all the operating property of each of such companies as of the first day of January of the year in which the assessment is made.  For the purpose of determining the true cash value of such property the department of revenue may take into consideration any information or knowledge obtained by it from an examination and inspection of such property, or of the books, records and accounts of such companies, the statements filed as required by this chapter, the reports, statements or returns of such companies filed in the office of any board, office or commission of this state or any county thereof, the earnings and earning power of such companies, the franchises owned or used by such companies, the assessed valuation of any and all property of such companies, whether operating property or nonoperating property, and whether situated within or without the state, and any other facts, evidences or information that may be obtainable bearing upon the value of the operating property:  PROVIDED, That in no event shall any statement or report required from any company by this chapter be conclusive upon the department of revenue in determining the amount, character and true cash value of the operating property of such company.

 

     Sec. 20.  RCW 84.16.110 and 1967 ex.s. c 26 s 18 are each amended to read as follows:

     Upon determination by the department of revenue of the true and correct actual cash value of the property appearing on such rolls the department shall apportion such value to the respective counties entitled thereto as hereinafter provided, and shall determine the equalized or assessed valuation of such property in such counties by applying to such actual apportioned value the same ratio as the ratio of assessed to actual value of the general property of the respective counties:  PROVIDED, That, whenever the amount of the true and correct value of the operating property of any company otherwise apportionable to any county shall be less than two hundred fifty dollars, such amount need not be apportioned to such county but may be added to the amount apportioned to an adjacent county.  The property shall be assessed for local taxes at the same level as other property in the county.

 

     Sec. 21.  RCW 84.52.063 and 1973 1st ex.s. c 195 s 105 are each amended to read as follows:

     A rural library district may impose a regular property tax levy in an amount equal to that which would be produced by a levy of fifty cents per thousand dollars of assessed value multiplied by ((an)) the assessed valuation ((equal to one hundred percent of the true and fair value)) of the taxable property in the rural library district, ((as determined by the department of revenue's indicated county ratio)) adjusted to an equalized value as provided in section 13 of this act:  PROVIDED, That when any county assessor shall find that the aggregate rate of levy on any property will exceed the limitation set forth in RCW 84.52.043 and RCW 84.52.050, as now or hereafter amended, before recomputing and establishing a consolidated levy in the manner set forth in RCW 84.52.010, the assessor shall first reduce the levy of any rural library district, by such amount as may be necessary, but the levy of any rural library district shall not be reduced to less than fifty cents per thousand dollars against the value of the taxable property, as determined by the county, prior to any further adjustments pursuant to RCW 84.52.010.  For purposes of this section "regular property tax levy" shall mean a levy subject to the limitations provided for in Article VII, section 2 of the state Constitution and/or by statute.

 

     Sec. 22.  RCW 84.70.010 and 1987 c 319 s 6 are each amended to read as follows:

     (1) If, on or before December 31 in any calendar year, any real or personal property placed upon the assessment roll of that year is destroyed in whole or in part, or is in an area that has been declared a disaster area by the governor and has been reduced in value by more than twenty percent as a result of a natural disaster, the ((true cash)) assessed value of such property shall be reduced for that year by an amount determined as follows:

     (a) First take the true cash value of such taxable property before destruction or reduction in value and deduct therefrom the true cash value of the remaining property after destruction or reduction in value.

     (b) Adjust the value determined in (a) of this subsection according to the assessment level used in the county for that tax year.

     (c) Then divide any amount remaining by the number of days in the year and multiply the quotient by the number of days remaining in the calendar year after the date of the destruction or reduction in value of the property.

     (2) No reduction in the ((true cash)) assessed value shall be made more than three years after the date of destruction or reduction in value.

     (3) The assessor shall make such reduction on his or her own motion; however, the taxpayer may make application for reduction on forms prepared by the department and provided by the assessor.  The assessor shall notify the taxpayer of the amount of reduction.

     (4) If destroyed property is replaced prior to the valuation dates contained in RCW 36.21.080 and 36.21.090, the total taxable value for that year shall not exceed the value as of the appropriate valuation date in RCW 36.21.080 or 36.21.090, whichever is appropriate.

     (5) The taxpayer may appeal the amount of reduction to the county board of equalization within thirty days of notification or July 15th of the year of reduction, whichever is later.  The board shall reconvene, if necessary, to hear the appeal.

 

     NEW SECTION.  Sec. 23.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.