S-3758.2  _______________________________________________

                         SENATE BILL 6126

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senators McCaslin, Haugen and Winsley

Read first time 01/08/96.  Referred to Committee on Government Operations.

Revising county treasurer receipting practices.

    AN ACT Relating to county treasurer receipting practices; amending RCW 84.56.340; reenacting and amending RCW 84.56.020; adding a new section to chapter 36.29 RCW; and creating a new section.

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

    Sec. 1.  RCW 84.56.020 and 1991 c 245 s 16 and 1991 c 52 s 1 are each reenacted and amended to read as follows:

    (1) The county treasurer shall be the receiver and collector of all taxes extended upon the tax rolls of the county, whether levied for state, county, school, bridge, road, municipal or other purposes, and also of all fines, forfeitures or penalties received by any person or officer for the use of his or her county.  All taxes upon real and personal property made payable by the provisions of this title shall be due and payable to the treasurer on or before the thirtieth day of April and, except as provided in this section, shall be delinquent after that date((:  PROVIDED, That)).

(2) Each tax statement shall include a notice that checks for payment of taxes may be made payable to "Treasurer of . . . . . . County" or other appropriate office, but tax statements shall not include any suggestion that checks may be made payable to the name of the individual holding the office of treasurer nor any other individual((:  PROVIDED FURTHER, That)).

(3) When the total amount of tax or special assessments on personal property or on any lot, block or tract of real property payable by one person is ((thirty)) fifty dollars or more, and if one-half of such tax be paid on or before the thirtieth day of April, the remainder of such tax shall be due and payable on or before the thirty-first day of October following and shall be delinquent after that date((:  PROVIDED FURTHER, That)).

(4) When the total amount of tax or special assessments on any lot, block or tract of real property or on any mobile home payable by one person is ((thirty)) fifty dollars or more, and if one-half of such tax be paid after the thirtieth day of April but before the thirty-first day of October, together with the applicable interest and penalty on the full amount of ((such)) tax payable for that year, the remainder of such tax shall be due and payable on or before the thirty-first day of October following and shall be delinquent after that date.

    (((2))) (5) Delinquent taxes under this section are subject to interest at the rate of twelve percent per annum computed on a monthly basis on the full year amount of tax unpaid from the date of delinquency until paid.  Interest shall be calculated at the rate in effect at the time of payment of the tax, regardless of when the taxes were first delinquent.  In addition, delinquent taxes under this section are subject to penalties as follows:

    (a) A penalty of three percent of the full year amount of tax unpaid shall be assessed on the ((amount of)) tax delinquent on June 1st of the year in which the tax is due.

    (b) An additional penalty of eight percent shall be assessed on the ((total)) amount of tax delinquent on December 1st of the year in which the tax is due.

    (((3) Subsection (2) of this section notwithstanding, no interest or penalties may be assessed for the period April 30, 1991, through December 31, 1991, on delinquent 1991 taxes which are imposed on personal residences owned by military personnel who participated in the situation known as "Operation Desert Shield," "Operation Desert Storm," or any following operation from August 2, 1990, to a date specified by an agency of the federal government as the end of such operations.

    (4))) (6) For purposes of this chapter, "interest" means both interest and penalties.

    (((5))) (7) All collections of interest on delinquent taxes shall be credited to the county current expense fund; but the cost of foreclosure and sale of real property, and the fees and costs of distraint and sale of personal property, for delinquent taxes, shall, when collected, be credited to the operation and maintenance fund of the county treasurer prosecuting the foreclosure or distraint or sale; and shall be used by the county treasurer as a revolving fund to defray the cost of further foreclosure, distraint and sale for delinquent taxes without regard to budget limitations.

    Sec. 2.  RCW 84.56.340 and 1994 c 301 s 53 are each amended to read as follows:

    Any person desiring to pay taxes upon any part or parts of real property heretofore or hereafter assessed as one parcel, or tract, or upon such person's undivided fractional interest in such a property, may do so by applying to the county assessor, who must carefully investigate and ascertain the relative or proportionate value said part or part interest bears to the whole tract assessed, on which basis the assessment must be divided, and the assessor shall forthwith certify such proportionate value to the county treasurer:  PROVIDED, That excepting when property is being acquired for public use, or where a person or financial institution desires to pay the taxes and any penalties and interest on a mobile home upon which they have a lien by mortgage or otherwise, no segregation of property for tax purposes shall be made unless all current year and delinquent taxes and assessments on the entire tract have been paid in full.  The county assessor shall duly certify the proportionate value to the county treasurer.  The county treasurer, upon receipt of certification, shall duly accept payment and issue receipt on the apportionment certified by the county assessor.  In cases where protest is filed to said division appeal shall be made to the county legislative authority at its next regular session for final division, and the county treasurer shall accept and receipt for said taxes as determined and ordered by the county legislative authority.  Any person desiring to pay on an undivided interest in any real property may do so by paying to the county treasurer a sum equal to such proportion of the entire taxes charged on the entire tract as interest paid on bears to the whole.

NEW SECTION. Sec. 3.  A new section is added to chapter 36.29 RCW to read as follows:

    County treasurers are authorized to accept credit cards, debit cards, federal wire, and automatic clearing house system transactions, or other electronic communication, for any payment of any kind including, but not limited to, taxes, fines, interest, penalties, special assessments, fees, rates, charges, or moneys due counties.  A payer desiring to pay by a credit card, debit card, federal wire, automatic clearing house system, or other electronic communication shall bear the cost of processing the transaction in an amount determined by the treasurer.  Such determination shall be based upon costs incurred by the treasurer in handling, collecting, disbursing, and accounting for the transaction.

NEW SECTION. Sec. 4.  This act is effective for taxes levied for collection in 1997 and thereafter.

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