SENATE BILL REPORT

SB 5556

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Agriculture, Water & Rural Economic Development, February 5, 2015

Majority Report: Do pass.

Signed by Senators Warnick, Chair; Dansel, Vice Chair; Hatfield, Ranking Minority Member; Hobbs and Honeyford.

Background: Once an irrigation district's assessment on a property within the district becomes delinquent, the assessment lien on the property is subject to foreclosure. After completion of a title search, foreclosure proceedings may be conducted by the treasurer of the district. In the alternative, the county treasurer may combine foreclosure of real property tax liens with those of the district's. Notice and summons to defend or pay must be given to all parties in interest, disclosed by the title search.

Creation of a board of joint control is authorized in some circumstances for two or more districts to combine in projects perceived by all participating districts to be of joint benefit. The powers and duties of the districts participating in a joint board continue unaffected within their several districts.

Summary of Bill: Holders of recorded easements need not be served with notice and summons and any treasurer's deed subsequently issued is subject to these easements.

Statutes are repealed that require joint boards to prepare budgets for the joint boards and provide notice and hearing of those budgets.

Staff Summary of Public Testimony: PRO: This bill exemplifies Lean management. It removes a pointless, redundant requirement. Recorded easements remain a burden on the land and pass along with the land. They cannot be extinguished by foreclosure of a lien. Likewise, the separate irrigation districts that join together for a project have all the matters of budgeting for the joint project in their separate budgets. Each district gives all the notice and public participation opportunity required when these budgets are presented in individual meetings. It is very difficult to get a quorum to do business at these budget meetings of joint boards of control.