SSB 6512 -
By Senators Holmquist Newbry, Morton, Hatfield
ADOPTED 02/10/2012
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 87.84.060 and 1988 c 127 s 68 are each amended to
read as follows:
(1)(a) The directors of the irrigation and rehabilitation district
elected before the effective date of this section shall ((be the same
as of the irrigation district and)) continue to serve for the remainder
of their current terms.
(b) The elections held for directors of the irrigation and
rehabilitation district after the effective date of this section shall
be as provided in section 2 of this act.
(2) The directors of an irrigation and rehabilitation district
shall, except as provided in RCW 87.84.070, retain all power, rights,
and authority heretofore granted to them or hereafter granted to them
as directors of an irrigation district under any provision of this
title ((87 RCW)) or any amendments thereto or any authority granted to
directors of irrigation districts under any other law of the state of
Washington.
(3) The irrigation and rehabilitation district shall also retain
all power, rights, and authority heretofore or hereafter granted to
irrigation districts under this title ((87 RCW)) or any other law or
laws of the state of Washington, and use said power and authority
including local improvement district provisions to further irrigation
and rehabilitation district purposes and in addition shall have
authority to rehabilitate or improve all or a portion of any inland
body of water including adjacent shore lines located in the district
and shall have the further power of modifying or improving any existing
or planned water control structure located in the district in order to
further the health, recreation, and welfare of the residents in the
district.
(4) All rights held by the irrigation district to water located
wholly or partially in the district including but not limited to rights
granted by the department of ecology shall upon formation of the
irrigation and rehabilitation district immediately vest in the
irrigation and rehabilitation district and in addition all water in the
newly formed district as to which the prior district had any rights
shall be held by the new district for all the beneficial uses and
purposes for which the irrigation and rehabilitation district is
formed. The authority to impose new assessments under chapter 87.03
RCW expires January 1, 2013.
NEW SECTION. Sec. 2 A new section is added to chapter 87.84 RCW
to read as follows:
(1) This section applies for elections held after the effective
date of this section.
(2) A person at least eighteen years old who is a citizen of the
United States and a resident of this state, and who holds title or
evidence of title to assessable land in the irrigation and
rehabilitation district or proposed district, is entitled to vote in
the district as one ownership regardless of the size of the ownership
or number of parcels owned, and is recognized as a qualified elector.
(3) Each ownership shall be represented by two votes. If there are
multiple owners or joint owners of a single ownership, the owners shall
decide among themselves what their two votes shall be. If the
ownership is held as community property, each spouse is entitled to one
vote or the spouses may vote by common agreement. Each corporation,
general partnership, limited partnership, limited liability
corporation, or other legal entity formed pursuant to the laws of the
state of Washington or qualified to do business in the state of
Washington and owning land in the district shall be recognized as an
elector with two votes regardless of the size of the ownership or
number of parcels owned, and is recognized as a qualified elector.
(4)(a) Ballots for elections of directors, and elections conducted
under RCW 87.84.070 shall be conducted by mail and sent to all
qualified electors twenty or more calendar days before the date of the
election. A qualified landowner may register with the irrigation and
rehabilitation district up to and through the day of the election and
receive a ballot.
(b) Any elections held under this chapter shall be scheduled on the
second Tuesday in December in the year of the election.
(c) All ballots must indicate that the ballots must be either
mailed to the county auditor and contain a postmark on or before
election day, or turned in before 5:00 p.m. on election day to the
county auditor and stamped by the county auditor with the date and time
received. Only ballots that are received by mail within six business
days after the required postmarked date and those that are received by
the county auditor with the required date and time stamp shall be
counted.
(5) Ballots shall be counted at the county courthouse by employees
provided by the irrigation and rehabilitation district. Ballot
counting shall be under the supervision of the district secretary and
board of directors of the irrigation and rehabilitation district.
Ballot counting may begin at 5:00 p.m. the day of the election.
Beginning six business days later at 3:00 p.m., the remaining mail-in
ballots received by the county auditor shall be counted.
(6)(a) In order to receive a ballot, a qualifying elector must be
preregistered with the district.
(b) To register, the person, or an authorized representative of
other legal entities, must show to an employee of the district at the
district office a current driver's license or other government-issued
photo identification that shows the elector's date of birth.
(c) If the district office records do not show land ownership
within the district, then the person or entity owning the land must
provide proof of ownership to the district.
(d) Preregistration may also be done by mail if a copy of the
current driver's license or other government-issued photo
identification is included and if the district office records show the
person satisfies the ownership requirements of this section. If
ownership is not shown in the district's records, further proof may be
mailed or hand delivered to the district office.
(e) Once registered, electors shall remain on the list of qualified
electors unless the list showing ownership in the district received
from the county assessor shows that they no longer own property in the
district or otherwise fail to meet the qualifications in this section.
(f) The district shall review the ownership list provided by the
county assessor before each election and notify the previously
registered electors at least sixty days before an election that their
status as qualified electors will be deleted unless the landowner
provides sufficient documentation to show that property ownership in
the district continues.
Sec. 3 RCW 87.84.070 and 1973 1st ex.s. c 195 s 132 are each
amended to read as follows:
(1) Beginning January 1, 2013, this section provides the sole
authority for an irrigation and rehabilitation district to impose
assessments. Any increase to the assessment rates in effect on January
1, 2013, must comply with subsection (2) of this section.
(2)(a) The directors shall be empowered to ((specially)) assess
land located in the district for benefits thereto taking as a basis the
last equalized assessment for county purposes: PROVIDED, That such
assessment shall not ((exceed twenty-five cents per thousand dollars of
assessed value upon such assessed valuation)) go into effect without
securing authorization by vote of the electors of the district at an
election called for that purpose. The increase in the assessed
valuation per thousand dollars must be approved by a simple majority of
electors casting ballots at an election in accordance with section 2 of
this act, except that the provisions of section 2(4)(b) of this act do
not apply. A district board may, by majority vote, decrease the level
of the assessment without securing authorization by vote of the
electors of the district.
(b) If a board votes to propose an increase in the level of the
assessment in accordance with (a) of this subsection, it must hold a
public hearing at least forty-five days before the election, then may
adopt a resolution to place the matter on the ballot.
(3) The board shall give notice of such an election, ((for the time
and)) in the manner and form provided for irrigation district
elections. Except as otherwise provided in this chapter, the manner of
conducting and voting at such an election, opening and closing polls,
canvassing the votes, certifying the returns, and declaring the result
shall be nearly as practicable the same as in irrigation district
elections.
(4) The ((special)) assessment provided for ((herein)) in this
section shall be due and payable at such times and in such amounts as
designated by the district directors, which designation shall be made
to the county auditor in writing, and the amount so designated shall be
added to the general taxes, and entered upon the assessment rolls in
his office, and collected therewith.
Sec. 4 RCW 87.84.071 and 1965 ex.s. c 6 s 5 are each amended to
read as follows:
The ((special)) assessments provided for in RCW 87.84.070 shall be
subject to and inferior to existing local improvement district
assessments of any city or town which is included within the boundaries
of an irrigation and rehabilitation district. The collection of local
improvement district assessments of a city or town, and the right to
foreclose the same when delinquent, shall not be impaired in any manner
whatsoever by subsequent ((special)) assessments of an irrigation and
rehabilitation district. In the event that the county treasurer
forecloses on land located within the corporate limits of a city or
town for nonpayment of irrigation and rehabilitation district
assessments, the certificates of sale and the deeds issued pursuant to
the foreclosure proceedings shall contain a recital that the
certificate of sale and/or deed is subject to outstanding local
improvement district assessments of the city or town."
SSB 6512 -
By Senators Holmquist Newbry, Morton, Hatfield
ADOPTED 02/10/2012
On page 1, line 2 of the title, after "administration;" strike the remainder of the title and insert "amending RCW 87.84.060, 87.84.070, and 87.84.071; and adding a new section to chapter 87.84 RCW."