ESSB 5836 -
By Committee on Local Government
ADOPTED 04/04/2007
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 35.13.270 and 2001 c 299 s 2 are each amended to read
as follows:
(1) Whenever any territory is annexed to a city or town which is
part of a road district of the county and road district taxes have been
levied but not collected on any property within the annexed territory,
the same shall when collected by the county treasurer be paid to the
city or town and by the city or town placed in the city or town street
fund; except that road district taxes that are delinquent before the
date of annexation shall be paid to the county and placed in the county
road fund. ((This section shall))
(2) When territory that is part of a fire district is annexed to a
city or town, the following apply:
(a) Fire district taxes on annexed property that were levied, but
not collected, and were not delinquent at the time of the annexation
shall, when collected, be paid to the annexing city or town at times
required by the county, but no less frequently than by July 10th for
collections through June 30th and January 10th for collections through
December 31st following the annexation; and
(b) Fire district taxes on annexed property that were levied, but
not collected, and were delinquent at the time of the annexation and
the pro rata share of the current year levy budgeted for general
obligation debt, when collected, shall be paid to the fire district.
(3) When territory that is part of a library district is annexed to
a city or town, the following apply:
(a) Library district taxes on annexed property that were levied,
but not collected, and were not delinquent at the time of the
annexation shall, when collected, be paid to the annexing city or town
at times required by the county, but no less frequently than by July
10th for collections through June 30th and January 10th for collections
through December 31st following the annexation; and
(b) Library district taxes on annexed property that were levied,
but not collected, and were delinquent at the time of the annexation
and the pro rata share of the current year levy budgeted for general
obligation debt, when collected, shall be paid to the library district.
(4) Subsections (1) through (3) of this section do not apply to any
special assessments due in behalf of such property.
(5) If a city or town annexes property within a fire district or
library district while any general obligation bond secured by the
taxing authority of the district is outstanding, the bonded
indebtedness of the fire district or library district remains an
obligation of the taxable property annexed as if the annexation had not
occurred.
(6) The city or town is required to provide notification, by
certified mail, that includes a list of annexed parcel numbers, to the
county treasurer and assessor, and to the fire district and library
district, as appropriate, at least thirty days before the effective
date of the annexation. The county treasurer is only required to remit
to the city or town those road taxes, fire district taxes, and library
district taxes collected thirty days or more after receipt of the
notification.
(7)(a) In counties that do not have a boundary review board, the
city or town shall provide notification to the fire district or library
district of the jurisdiction's resolution approving the annexation.
The notification required under this subsection must:
(i) Be made by certified mail within seven days of the resolution
approving the annexation; and
(ii) Include a description of the annexed area.
(b) In counties that have a boundary review board, the city or town
shall provide notification of the proposed annexation to the fire
district or library district simultaneously when notice of the proposed
annexation is provided by the jurisdiction to the boundary review board
under RCW 36.93.090.
(8) The provisions of this section regarding (a) the transfer of
fire and library district property taxes and (b) city and town
notifications to fire and library districts do not apply if the city or
town has been annexed to and is within the fire or library district
when the city or town approves a resolution to annex unincorporated
county territory.
Sec. 2 RCW 35A.14.801 and 2001 c 299 s 3 are each amended to read
as follows:
(1) Whenever any territory is annexed to a code city which is part
of a road district of the county and road district taxes have been
levied but not collected on any property within the annexed territory,
the same shall when collected by the county treasurer be paid to the
code city and by the city placed in the city street fund; except that
road district taxes that are delinquent before the date of annexation
shall be paid to the county and placed in the county road fund. ((This
section shall))
(2) When territory that is part of a fire district is annexed to a
code city, the following apply:
(a) Fire district taxes on annexed property that were levied, but
not collected, and were not delinquent at the time of the annexation
shall, when collected, be paid to the annexing code city at times
required by the county, but no less frequently than by July 10th for
collections through June 30th and January 10th for collections through
December 31st following the annexation; and
(b) Fire district taxes on annexed property that were levied, but
not collected, and were delinquent at the time of the annexation and
the pro rata share of the current year levy budgeted for general
obligation debt, when collected, shall be paid to the fire district.
(3) When territory that is part of a library district is annexed to
a code city, the following apply:
(a) Library district taxes on annexed property that were levied,
but not collected, and were not delinquent at the time of the
annexation shall, when collected, be paid to the annexing code city at
times required by the county, but no less frequently than by July 10th
for collections through June 30th and January 10th for collections
through December 31st following the annexation; and
(b) Library district taxes on annexed property that were levied,
but not collected, and were delinquent at the time of the annexation
and the pro rata share of the current year levy budgeted for general
obligation debt, when collected, shall be paid to the library district.
(4) Subsections (1) through (3) of this section do not apply to any
special assessments due in behalf of such property.
(5) If a code city annexes property within a fire district or
library district while any general obligation bond secured by the
taxing authority of the district is outstanding, the bonded
indebtedness of the fire district or library district remains an
obligation of the taxable property annexed as if the annexation had not
occurred.
(6) The code city is required to provide notification, by certified
mail, that includes a list of annexed parcel numbers, to the county
treasurer and assessor, and to the fire district and library district,
as appropriate, at least thirty days before the effective date of the
annexation. The county treasurer is only required to remit to the code
city those road taxes, fire district taxes, and library district taxes
collected thirty or more days after receipt of the notification.
(7)(a) In counties that do not have a boundary review board, the
code city shall provide notification to the fire district or library
district of the jurisdiction's resolution approving the annexation.
The notification required under this subsection must:
(i) Be made by certified mail within seven days of the resolution
approving the annexation; and
(ii) Include a description of the annexed area.
(b) In counties that have a boundary review board, the code city
shall provide notification of the proposed annexation to the fire
district or library district simultaneously when notice of the proposed
annexation is provided by the jurisdiction to the boundary review board
under RCW 36.93.090.
(8) The provisions of this section regarding (a) the transfer of
fire and library district property taxes and (b) code city
notifications to fire and library districts do not apply if the code
city has been annexed to and is within the fire or library district
when the code city approves a resolution to annex unincorporated county
territory.
Sec. 3 RCW 84.09.030 and 2004 c 129 s 19 are each amended to read
as follows:
Except as follows, the boundaries of counties, cities, and all
other taxing districts, for purposes of property taxation and the levy
of property taxes, shall be the established official boundaries of such
districts existing on the first day of ((March)) August of the year in
which the property tax levy is made.
The official boundaries of a newly incorporated taxing district
shall be established at a different date in the year in which the
incorporation occurred as follows:
(1) Boundaries for a newly incorporated city shall be established
on the last day of March of the year in which the initial property tax
levy is made, and the boundaries of a road district, library district,
or fire protection district or districts, that include any portion of
the area that was incorporated within its boundaries shall be altered
as of this date to exclude this area, if the budget for the newly
incorporated city is filed pursuant to RCW 84.52.020 and the levy
request of the newly incorporated city is made pursuant to RCW
84.52.070. Whenever a proposed city incorporation is on the March
special election ballot, the county auditor shall submit the legal
description of the proposed city to the department of revenue on or
before the first day of March;
(2) Boundaries for a newly incorporated port district or regional
fire protection service authority shall be established on the first day
of October if the boundaries of the newly incorporated port district or
regional fire protection service authority are coterminous with the
boundaries of another taxing district or districts, as they existed on
the first day of March of that year;
(3) Boundaries of any other newly incorporated taxing district
shall be established on the first day of June of the year in which the
property tax levy is made if the taxing district has boundaries
coterminous with the boundaries of another taxing district, as they
existed on the first day of March of that year;
(4) Boundaries for a newly incorporated water-sewer district shall
be established on the fifteenth of June of the year in which the
proposition under RCW 57.04.050 authorizing a water district excess
levy is approved.
The boundaries of a taxing district shall be established on the
first day of June if territory has been added to, or removed from, the
taxing district after the first day of March of that year with
boundaries coterminous with the boundaries of another taxing district
as they existed on the first day of March of that year. However, the
boundaries of a road district, library district, or fire protection
district or districts, that include any portion of the area that was
annexed to a city or town within its boundaries shall be altered as of
this date to exclude this area. In any case where any instrument
setting forth the official boundaries of any newly established taxing
district, or setting forth any change in such boundaries, is required
by law to be filed in the office of the county auditor or other county
official, said instrument shall be filed in triplicate. The officer
with whom such instrument is filed shall transmit two copies to the
county assessor.
No property tax levy shall be made for any taxing district whose
boundaries are not established as of the dates provided in this
section."
Correct the title.