S-4431

AN ACT Relating to lake management service areas; amending RCW 85.38.010; and adding a new chapter to Title 90 RCW.

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

NEW SECTION. Sec. 1. The legislature finds that the environmental, recreational, and aesthetic values of many of the state's lakes are threatened by eutrophication and other deterioration and that existing governmental authorities are unable to improve and maintain the quality of the state's lakes adequately. It is the purpose of this chapter to allow the creation of a new type of special district authorized to embark on a program of lake improvement and maintenance for the general public's benefit, health, and welfare.

NEW SECTION. Sec. 2. (1) Lake management service areas may be created and provide lake management services and facilities, including facilities and services to: (a) Maintain and restore lakes; (b) enhance water quality; (c) control and maintain water levels; (d) provide fish ladders and other devices to conserve fish and game fish; (e) divert and treat storm water before its disposal in a lake; (f) control agricultural wastes; (g) study lake water quality problems and solutions; (h) clean and maintain ditches and streams entering or leaving a lake; and (i) provide drainage control, storm water control, and surface water control improvements and activities. A lake management service area may take the necessary administrative, engineering, legal, and operational actions associated with its substantive authorities. No lake management service area activities shall adversely affect any existing property or water rights.

(2) A lake management service area is a quasi-municipal corporation possessing the normal authorities of a quasi-municipal corporation including, but not limited to, the authority to: (a) Acquire, purchase, condemn by power of eminent domain pursuant to chapters 8.08 and 8.25 RCW, or lease, in its own name, necessary property, property rights, facilities, and equipment; (b) sell or exchange surplus property, property rights, facilities, and equipment; (c) accept funds and property by loan, grant, gift, or otherwise from the United States, the state of Washington, or any other public or private source; (d) hire staff, employees, or services, or use voluntary labor; (e) sue and be sued; (f) enter into contracts, including interlocal contracts and agreements under chapter 39.34 RCW; and (g) cooperate with or join the United States, the state of Washington, or any other public or private entity or person for municipality purposes.

NEW SECTION. Sec. 3. A lake management service area shall be governed by a three‑member governing body, the members of which are elected to six-year staggered terms of office. The provisions of chapter 85.38 RCW relating to the appointing of the initial members of the governing body of a special district, subsequent election of members of the governing body of a special district, and filling of a vacancy, apply to the governing body of a lake management service area.

NEW SECTION. Sec. 4. Elections and franchise rights in a lake management service area shall conform with the provisions of chapter 85.38 RCW relating to the elections and franchise rights in a special district, except that a property owner shall not receive added votes based upon the extent of his or her ownership of land within the service area and the ownership of lake bottom property within the lake management service area shall not grant franchise rights.

NEW SECTION. Sec. 5. The provisions of chapter 85.38 RCW relating to the following matters in special districts apply to lake management service areas:

(1) The procedure to create a special district;

(2) The filing of bonds by members of the governing body;

(3) The adoption of a budget, imposition of special assessments, and imposition of rates and charges by a special district that was created after July 28, 1985, except that liens for special assessments and liens for rates and charges shall not extend to public property and special assessments or rates and charges shall not be imposed on lake bottom property, and except that the special assessments or rates and charges imposed on public property may not exceed the special assessments or rates and charges imposed on adjacent private property;

(4) Issuing special assessment bonds, refunding special assessment bonds, and creating a special assessment bond guaranty fund;

(5) Limitations on constructing improvements by employees of the special district; and

(6) Annexing contiguous territory, consolidating contiguous special districts, withdrawing areas from a special district that are located in a city or town, transferring territory from one special district to another special district, suspending the operations of a special district, and reactivating a special district that had its operations suspended.

Sec. 6. RCW 85.38.010 and 1991 c 349 s 1 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) "Governing body" means the board of commissioners, board of supervisors, or board of directors of a special district.

(2) "Owner of land" means the record owner of at least a majority ownership interest in a separate and legally created lot or parcel of land, as determined by the records of the county auditor, except that if the lot or parcel has been sold under a real estate contract, the vendee or grantee shall be deemed to be the owner of such land for purposes of authorizing voting rights. It is assumed, unless shown otherwise, that the name appearing as the owner of property on the property tax rolls is the current owner.

(3) "Qualified voter of a special district" means a person who is either: (a) A natural person who is a voter under general state election laws, registered to vote in the state of Washington for a period of not less than thirty days before the election, and the owner of land located in the special district for a period of not less than thirty days before the election; (b) a corporation or partnership that has owned land located in the special district for a period of not less than sixty days before the election; or (c) the state, its agencies or political subdivisions that own land in the special district or lands proposed to be annexed into the special district except that the state, its agencies and political subdivisions shall not be eligible to vote to elect a member of the governing board of a special district.

(4) "Special district" means: (a) A diking district; (b) a drainage district; (c) a diking, drainage, and/or sewerage improvement district; (d) an intercounty diking and drainage district; (e) a consolidated diking district, drainage district, diking improvement district, and/or drainage improvement district; ((or)) (f) a flood control district; or (g) a lake management service area.

(5) "Special district general election" means the election of a special district regularly held on the first Tuesday after the first Monday in February in each even-numbered year at which a member of the special district governing body is regularly elected.

NEW SECTION. Sec. 7. Sections 1 through 5 of this act constitute a new chapter in Title 90 RCW.

NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.