HOUSE BILL REPORT

HB 1911

BYRepresentatives Cooper, Ferguson, Nutley, Haugen and Raiter

Revising and adding provisions on special districts.

House Committe on Local Government

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (14)

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Ferguson, Ranking Republican Member; Horn, Nealey, Nelson, Nutley, Phillips, Raiter, Rayburn, Todd, Wolfe, Wood and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS REPORTED BY COMMITTEE ON LOCAL GOVERNMENT MARCH 1, 1989

BACKGROUND:

Various special districts can be formed to provide diking and drainage-type improvements and services, that have voting rights restricted to property owners, including diking districts, drainage districts, diking improvement districts, drainage improvement districts, and flood control districts.

SUMMARY:

SUBSTITUTE BILL:  The voting scheme in special districts that provide diking and drainage-type of improvements is altered so that each property owner receives two votes at any election.  If the property is held as community property, both spouses receive one vote, if otherwise eligible to vote, unless one spouse designates in writing that the other spouse may cast both votes. If other multiple undivided interests exist, the owner or owners of undivided interests at least equal to a majority interest cast the votes.  A corporation, partnership, or governmental entity may designate a natural person to cast its votes.

The maximum number of votes that a property owner may possess is doubled from 20 to 40 in the three types of these special districts (diking improvement districts, drainage improvement districts, and flood control districts) that have additional votes for property owners based upon the acreage held by the property owner.

The governing body of a special district may designate a polling place outside of the district at the principal business office of the district or a site owned by a public entity or private nonprofit entity that is readily accessible to members of the general public.

No election is to be held if no one or only one person files for a position of a governing body of such a special district.  If only one person files, that person is deemed to have been elected to the position.  If no one files, the position is filled as if a vacancy occurs when the current office holder's term expires. However, if no one files for that position at the filing period at an election held to fill the vacancy, the person who was appointed remains in office for the remainder of the unexpired term.

The authority of a city or town, that is located outside of a diking or drainage district, to levy assessments on taxable property within the city or town that benefits from the diking or drainage district's facilities and gives these moneys to the district, is altered so that the city or town may impose assessments on any benefited property in the city or town for such purposes.

A statute is repealed that appears to grant intercounty diking and drainage districts the authority to impose property taxes.

A provision of law relating to diking improvement districts and drainage improvement districts is recodified in the appropriate chapter of laws.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Language was deleted that limited what a county auditor can charge for running an election for such a special district.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    None Presented.

House Committee - Testified Against:      Fred Saeger, Washington Association of County Officials (Testified against Section 6.)

House Committee - Testimony For:    This will help these special districts by reducing costs and clarifying their laws.

House Committee - Testimony Against:      The limitation on what an auditor can charge is not appropriate.