[atlas:bill]

AN ACT Relating to sales of water rights; amending RCW 82.45.180; adding a new section to chapter 82.45 RCW; adding new sections to chapter 90.03 RCW; creating new sections; and making an appropriation.

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

NEW SECTION. Sec. 1. It is the intent of this act to improve the administration of real property records related to the sale of water rights, and to provide assistance to county auditors maintaining such records from revenues derived from the existing real estate excise tax applicable to the sales of water rights separate from land sales.

Sec. 2. RCW 82.45.180 and 1998 c 106 s 11 are each amended to read as follows:

(1) For taxes collected by the county under this chapter, the county treasurer shall collect a two-dollar fee on all transactions required by this chapter where the transaction does not require the payment of tax. A total of two dollars shall be collected in the form of a tax and fee, where the calculated tax payment is less than two dollars. The county treasurer shall place one percent of the proceeds of the tax imposed by this chapter and the treasurer's fee in the county current expense fund to defray costs of collection and shall pay over to the state treasurer and account to the department of revenue for the remainder of the proceeds at the same time the county treasurer remits funds to the state under RCW 84.56.280. The state treasurer shall deposit the proceeds in the general fund for the support of the common schools, except that the proceeds of taxes upon sales identified in section 3 of this act shall be deposited to the water rights records account created in section 4 of this act.

(2) For taxes collected by the department of revenue under this chapter, the department shall remit the tax to the state treasurer who shall deposit the proceeds of any state tax in the general fund for the support of the common schools, except that the proceeds of taxes upon sales identified in section 3 of this act shall be deposited to the water rights records account created in section 4 of this act. The state treasurer shall deposit the proceeds of any local taxes imposed under chapter 82.46 RCW in the local real estate excise tax account hereby created in the state treasury. Moneys in the local real estate excise tax account may be spent only for distribution to counties, cities, and towns imposing a tax under chapter 82.46 RCW. Except as provided in RCW 43.08.190, all earnings of investments of balances in the local real estate excise tax account shall be credited to the local real estate excise tax account and distributed to the counties, cities, and towns monthly. Monthly the state treasurer shall make distribution from the local real estate excise tax account to the counties, cities, and towns the amount of tax collected on behalf of each taxing authority. The state treasurer shall make the distribution under this subsection without appropriation.

NEW SECTION. Sec. 3. A new section is added to chapter 82.45 RCW to read as follows:

The real estate excise tax affidavit furnished by the department as provided under RCW 82.45.150 shall provide for identification of sales subject to this chapter that are limited solely to the sale of a water right or an interest in a water right. The department and counties shall separately identify proceeds of taxes collected upon such sales when paying such proceeds over to the state treasurer as provided in RCW 82.45.180.

NEW SECTION. Sec. 4. A new section is added to chapter 90.03 RCW to read as follows:

The water rights records account is created in the state treasury. All receipts from proceeds identified in section 3 of this act must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for improving the administration of state and local information regarding the title to and ownership of water rights, and improvements to county real property records as it relates to appurtenant water rights. From amounts appropriated, the department of ecology may make grants to counties to assist with recording and information management needs related to water rights ownership and title.

NEW SECTION. Sec. 5. A new section is added to chapter 90.03 RCW to read as follows:

The departments of ecology and revenue shall work with county auditors toward improving the administration of water rights ownership information and integrating this information with real property ownership records.

NEW SECTION. Sec. 6. By January 1, 2003, the department of ecology shall report to the appropriate standing committees of the senate and house of representatives regarding implementation of this act and make recommendations for administrative and legislative actions to improve records and information management regarding water rights ownership.

NEW SECTION. Sec. 7. The sum of . . . dollars, or as much thereof as may be necessary, is appropriated from the water rights records account to the department of ecology for the fiscal year ending June 30, 2003, for the purposes of this act.