SENATE BILL REPORT

                   SB 6260

              As Reported By Senate Committee On:

          Agriculture & Environment, January 29, 1998

Title:  An act relating to lake management districts.

Brief Description:  Changing lake management district provisions.

Sponsors:  Senators Swecker, Rasmussen and Winsley.

Brief History:

Committee Activity:  Agriculture & Environment:  1/22/98, 1/29/98 [DPS].

SENATE COMMITTEE ON AGRICULTURE & ENVIRONMENT

Majority Report:  That Substitute Senate Bill No. 6260 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Oke and Rasmussen.

Staff:  Kari Guy (786-7437)

Background:  Counties and cities are authorized to create lake management districts to finance various lake improvement and maintenance activities.  A lake management district can be created for a period of up to ten years. 

A lake management district must be approved by a simple majority vote of the owners of property within the proposed district, with votes weighted so a property owner has one vote for each dollar of estimated special assessment.  The lake management district may impose either annual special assessments or rates and charges.

The county or city legislative authority must hold a new public hearing to revise the special assessments or rates and charges once established.  Notice of the public hearing must be sent to each property owner within the district.  An appeal of the revised assessment or rates may be made to the superior court.  Special assessments, rates, or charges may not be increased by more than 110 percent unless the creation of the lake management district is approved under another mailed ballot.

It has been suggested that the ten-year time limit for lake management districts and the limitation to 110 percent of the original assessment decreases the flexibility and utility of lake management districts.

Summary of Substitute Bill:  The ten-year maximum duration for lake management districts is deleted.

A county or city legislative authority may increase the special assessments or rates and charges for the lake management district beyond 110 percent by holding a new public hearing, with notice of the hearing sent to each property owner in the district.  An appeal of the revised rates may be made to superior court.

Special assessments or rates and charges imposed on public property may not exceed the assessments on adjacent private property.

Substitute Bill Compared to Original Bill:  The limitation on assessment of public lands is added.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Lake management district limitations on funding and duration of district existence can be a deterrent to forming new districts.  This bill allows greater flexibility for local governments planning and performing lake related activities.

Testimony Against:  None.

Testified:  Jonathan Frodge, Washington Lakes Protection Association (pro); Dick Wallace, Department of Ecology; Ed Manary, Department of Fish and Wildlife; Mark Swartout, Thurston (pro); Karla Kay Fullerton, Washington Cattlemen=s Association.