SENATE BILL REPORT

HB 1278

BYRepresentative Winsley

Authorizing continued superior court jurisdiction over weed control in certain lakes.

House Committe on Local Government

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 23, 1988; February 24, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Metcalf, Chairman; Smith, Vice Chairman; Barr, Benitz, DeJarnatt, Kreidler, Rinehart.

Senate Staff:Gary Wilburn (786-7453)

                  February 24, 1988

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 24, 1988

BACKGROUND:

Legislation was enacted in 1985 authorizing counties, cities and towns to create lake management districts to finance lake improvement projects, including weed removal.  A lake management district is created by an affirmative vote of the owners of property within the district who will make the payments for such purposes, with a property owner having one vote for each projected dollar of charge that will be imposed on his or her property.

This 1985 legislation removed the previous authority of lake weed removal projects from being financed under a system of assessments imposed by the superior court of the county in which the lake is located.  The ability was retained for maintaining lake levels under this superior court established process.  This superior court process is initiated by petition of ten property owners on a lake.  The superior court assumes jurisdiction over the proposal if it finds that the proposal will be beneficial to property around the lake and imposes assessments on the property for this purpose.  The court retains continuing jurisdiction over the proposal.

The old court-run process was used on several lakes in Pierce County for weed removal projects.

SUMMARY:

A superior court that had assumed jurisdiction over a weed removal project on any lake prior to July 28, 1985 (the effective date of the legislation removing the authority for such purposes), may retain its jurisdiction over weed removal on the affected lake.

SUMMARY OF PROPOSED SENATE AMENDMENTS:

Procedures for superior court hearings are specified as to those lake weed control projects affected by the act.  The apportionment of costs in proportion to lineal feet of waterfront owned is provided.  The court may appoint a suitable person to undertake weed control activities.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Representative Winsley, prime sponsor (for); Greg Myklund (against)