1673‑S AAS 4/14/95

SHB 1673 - S Amd  385

    BySenators Spanel and Rinehart

                                                   ADOPTED 4/14/95

    On page 1, strike everything after the enacting clause and insert the following:

    "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 up to a total of five acres that comprises the residential parcel if this larger parcel size is required under 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 age and income limits under RCW 84.36.381 and the parcel size limit under RCW 84.36.383.   (2) The claimant must be sixty years of age or older on December 31st of the year in which the deferral 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 a deferral 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.

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

    (((3))) (4) 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))) (5) 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))) (6) 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."

SHB 1673 - S Amd - 385

    BySenators Spanel and Rinehart

                                                   ADOPTED 4/14/95

    On page 1, line 2 of the title, after ""disability;" strike the remainder of the title and insert "and amending RCW 84.38.020 and 84.38.030."

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