HOUSE BILL 1104
State of Washington 57th Legislature 2001 Regular Session
By Representatives Jackley, Kirby, Rockefeller, Lantz, Haigh, Dunn, Pearson, Hunt and Edwards
Read first time 01/17/2001. Referred to Committee on Local Government & Housing.
AN ACT Relating to providing funding and incentives for protecting and restoring salmon habitat and shorelines; amending RCW 82.46.070, 84.34.230, and 84.34.240; adding a new section to chapter 84.34 RCW; adding a new section to chapter 84.33 RCW; adding a new section to chapter 36.33 RCW; adding a new section to chapter 82.04 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The listing of salmon, steelhead, and bull trout stocks in the state as threatened or endangered species under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.) has impacted many residents and communities in the state. The legislature recognizes that salmon recovery has direct links to shoreline development and protection, but many communities lack the resources necessary to effectively develop, enforce, and monitor salmon recovery efforts, or to update their shoreline master programs to comply with new guidelines. The national marine fisheries service has indicated that it will consider the adequacy of long-term funding and monitoring mechanisms when it reviews salmon recovery plans. The legislature therefore finds that it is in the public interest to provide funding options for counties to assist them in salmon recovery efforts, updating shoreline master programs, and assisting private landowners in complying with these laws.
NEW SECTION. Sec. 2. A new section is added to chapter 84.34 RCW to read as follows:
Payments of additional tax, applicable interest, and penalty collected pursuant to RCW 84.34.108, or by enforcement procedures referred to therein, after the payment of the expenses of their collection, may be deposited by the county into a fund created pursuant to section 7 of this act for protecting and restoring salmon habitat and shorelines.
NEW SECTION. Sec. 3. A new section is added to chapter 84.33 RCW to read as follows:
Any compensating tax payable under this chapter, together with any interest thereon, may be deposited by the county into a fund created pursuant to section 7 of this act for protecting and restoring salmon habitat and shorelines, after first deducting the expenses for collecting the tax and interest.
Sec. 4. RCW 82.46.070 and 1990 1st ex.s. c 5 s 3 are each amended to read as follows:
(1) Subject to subsection (2) of this section, the legislative authority of any county may impose an additional excise tax on each sale of real property in the county at a rate not to exceed one percent of the selling price. The proceeds of the tax shall be used exclusively for: (a) The acquisition and maintenance of conservation areas; or (b) protecting and restoring salmon habitat and shorelines. Proceeds collected from the tax imposed pursuant to this subsection (1)(b) must be deposited into the fund created pursuant to section 7 of this act.
The taxes imposed under this subsection shall be imposed in the same manner and on the same occurrences, and are subject to the same conditions, as the taxes under chapter 82.45 RCW, except:
The tax shall be the obligation of the purchaser; and
The tax does not apply to the acquisition of conservation areas by the county.
The county may enforce the obligation through an action of debt against the purchaser or may foreclose the lien on the property in the same manner prescribed for the foreclosure of mortgages.
The tax shall take effect thirty days after the election at which the taxes are authorized.
(2) No tax may be imposed under subsection (1) of this section unless approved by a majority of the voters of the county voting thereon for a specified period and maximum rate after:
(a) The adoption of a resolution by the county legislative authority of the county proposing this action; or
(b) The filing of a petition proposing this action with the county auditor, which petition is signed by county voters at least equal in number to ten percent of the total number of voters in the county who voted at the last preceding general election.
The ballot proposition shall be submitted to the voters of the county at the next general election occurring at least sixty days after a petition is filed, or at any special election prior to this general election that has been called for such purpose by the county legislative authority.
(3) A plan for the expenditure of the excise tax proceeds shall be prepared by the county legislative authority at least sixty days before the election if the proposal is initiated by resolution of the county legislative authority, or within six months after the tax has been authorized by the voters if the proposal is initiated by petition. Prior to the adoption of this plan, the elected officials of cities located within the county shall be consulted and a public hearing shall be held to obtain public input. The proceeds of this excise tax must be expended in conformance with this plan.
(4) As used in this section, "conservation area" has the meaning given under RCW 36.32.570.
Sec. 5. RCW 84.34.230 and 1995 c 318 s 8 are each amended to read as follows:
For the purpose of acquiring conservation futures as well as other rights and interests in real property pursuant to RCW 84.34.210 and 84.34.220, or for protecting and restoring salmon habitat and shorelines, a county may levy an amount not to exceed six and one-quarter cents per thousand dollars of assessed valuation against the assessed valuation of all taxable property within the county. The limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section. Moneys collected from a levy imposed pursuant to this section for protecting and restoring salmon habitat and shorelines shall be deposited into the fund created pursuant to section 7 of this act.
Sec. 6. RCW 84.34.240 and 1971 ex.s. c 243 s 5 are each amended to read as follows:
county (( commissioners)) legislative authority may establish by
resolution a special fund which may be termed a conservation futures fund to
which it may credit all taxes levied pursuant to RCW 84.34.230 for acquiring
conservation futures as well as other rights and interests in real property
pursuant to RCW 84.34.210 and 84.34.220. Amounts placed in this fund may
be used solely for the purpose of acquiring rights and interests in real
property pursuant to the terms of RCW 84.34.210 and 84.34.220. Nothing in this
section shall be construed as limiting in any manner methods and funds
otherwise available to a county for financing the acquisition of such rights
and interests in real property.
NEW SECTION. Sec. 7. A new section is added to chapter 36.33 RCW to read as follows:
(1) Any county legislative authority may establish a special fund for salmon recovery or for updating its shoreline master program under chapter 90.58 RCW, to which it may credit all moneys collected for this purpose pursuant to RCW 82.46.070 and 84.34.230 and sections 2 and 3 of this act.
(2) Moneys deposited into this fund for salmon recovery or for shoreline master program updates may be used for salmon habitat projects, including planning, implementing, and monitoring results from these projects; updating shoreline master programs under chapter 90.58 RCW; assisting private landowners to comply with laws pertaining to shorelines management or to endangered or threatened species; enforcement of existing laws that protect salmon or shorelines; necessary data collection and analysis to determine adequacy of stream buffers, adequacy of streamflows for fish, and the general health of the streams, rivers, and lakes within the watershed; and upgrades in computers and systems to improve compliance with laws pertaining to salmon or shorelines.
(3) For purposes of this section, "salmon habitat projects" include but are not limited to habitat restoration projects, habitat protection projects, habitat projects which improve water quality, habitat projects that protect water quality, habitat-related mitigation projects, restoration and protection of coastal marine habitat, and habitat project maintenance activities.
(4) For purposes of this section, "salmon" includes salmon, steelhead, and bull trout.
NEW SECTION. Sec. 8. A new section is added to chapter 82.04 RCW to read as follows:
In computing tax there may be deducted from the measure of tax by those engaged in banking, loan, security, or other financial businesses, an amount equal to one percent of the outstanding balance of a mortgage in property which is subordinated under this section. The tax deduction authorized in this section only applies when a financial business subordinates its right as a mortgagee in property donated to a nonprofit nature conservancy organization as defined in RCW 64.04.130, to the right of such organization to enforce the conservation purposes of the gift in perpetuity. For the purposes of this section, "conservation purposes" means the protection of the relatively natural habitat of salmon, steelhead, or bull trout, or the protection of shorelines.
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