S-4059.1                   _______________________________________________

                                                     SENATE BILL 6134

                              _______________________________________________

State of Washington                              53rd Legislature                             1994 Regular Session

By Senators Haugen, Owen, Winsley, Oke and M. Rasmussen

Read first time 01/13/94.  Referred to Committee on Ways & Means.

Including parcel size requirements regarding property tax deferrals for senior citizens and disabled persons.

          AN ACT Relating to property tax deferrals for senior citizens and disabled persons; amending RCW 84.38.020 and 84.38.030; and declaring an emergency.

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

        Sec. 1.  RCW 84.38.020 and 1991 c 213 s 1 are each amended to read as follows:

          Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:

          (1) "Claimant" means a person who either elects or is required under RCW ((84.64.030 or)) 84.64.050 to defer payment of the special assessments and/or real property taxes accrued on the claimant's residence by filing a declaration to defer as provided by this chapter.

          When two or more individuals of a household file or seek to file a declaration to defer, they may determine between them as to who the claimant shall be.

          (2) "Department" means the state department of revenue.

          (3) "Equity value" means the amount by which the fair market value of a residence as determined from the records of the county assessor exceeds the total amount of any liens or other obligations against the property.

          (4) "Real property taxes" means ad valorem property taxes levied on a residence in this state in the preceding calendar year.

(5) "Residence" has the meaning given in RCW 84.36.383, except that a residence includes any additional property that comprises the residential parcel if a larger parcel size is required under current land use regulations.

(6) "Special assessment" means the charge or obligation imposed by a city, town, county, or other municipal corporation upon property specially benefited by a local improvement, including assessments under chapters 35.44, 36.88, 36.94, 53.08, 54.16, 56.20, 57.16, 86.09, and 87.03 RCW and any other relevant chapter.

          (((5) "Real property taxes" means ad valorem property taxes levied on a residence in this state in the preceding calendar year.))

        Sec. 2.  RCW 84.38.030 and 1991 c 213 s 2 are each amended to read as follows:

          A claimant may defer payment of special assessments and/or real property taxes on up to eighty percent of the amount of the claimant's equity value in the claimant's residence if the following conditions are met:

          (1) The claimant must meet all requirements for an exemption for the residence under RCW 84.36.381, other than the income and parcel size limits.

          (2) The claimant must have a combined disposable income, as defined in RCW 84.36.383, of thirty thousand dollars or less.

          (3) The claimant must have owned, at the time of filing, the residence on which the special assessment and/or real property taxes have been imposed.  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.  A claimant who has only a share ownership in cooperative housing, a life estate, a lease for life, or a revocable trust does not satisfy the ownership requirement.

          (4) The claimant must have and keep in force fire and casualty insurance in sufficient amount to protect the interest of the state in the claimant's equity value:  PROVIDED, That if the claimant fails to keep fire and casualty insurance in force to the extent of the state's interest in the claimant's equity value, the amount deferred shall not exceed one hundred percent of the claimant's equity value in the land or lot only.

          (5) In the case of special assessment deferral, the claimant must have opted for payment of such special assessments on the installment method if such method was available.

NEW SECTION. Sec. 3.  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.

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