H-1500              _______________________________________________

                                                   HOUSE BILL NO. 1895

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State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Haugen and Ferguson

Read first time 2/10/89 and referred to Committee on Local Government.

AN ACT Relating to assessments against public lands; amending RCW 79.44.003, 79.44.040, and 79.44.050; and adding a new section to chapter 79.44 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 1, chapter 20, Laws of 1963 as amended by section 14, chapter 234, Laws of 1971 ex. sess. and RCW 79.44.003 are each amended to read as follows:

          As used in this chapter "assessing district" means:

          (1) Incorporated cities and towns;

          (2) Diking districts;

          (3) Drainage districts;

          (4) Port districts;

          (5) Irrigation districts;

          (6) Water districts;

          (7) Sewer districts;

          (8) Counties; and

          (9) Any municipal corporation or public agency having power to levy local improvement or other assessments, rates, or charges which by statute are expressly made applicable to lands of the state.

        Sec. 2.  Section 4, chapter 164, Laws of 1919 as last amended by section 177, chapter 151, Laws of 1979 and RCW 79.44.040 are each amended to read as follows:

          Notice of the intention to make such improvement or impose any assessment, together with the estimate of the amount to be charged to each lot, tract or parcel of land, or other property owned by the state to be assessed ((for said improvement)), shall be forwarded by registered or certified mail to the director of financial management and to the chief administrative officer of the agency of state government occupying, using, or having jurisdiction over such lands at least thirty days prior to the date fixed for hearing on the resolution or petition initiating said ((improvement)) assessment.  Such assessing district, shall not have jurisdiction to order such improvement as to the interest of the state in harbor areas and state tidelands until the written consent of the commissioner of public lands to the making of such improvement shall have been obtained, unless other means be provided for paying that portion of the cost which would otherwise be levied on the interest of the state of Washington in and to said tidelands, and nothing herein shall prevent the city from assessing the proportionate cost of said improvement against any leasehold, contractual or possessory interest in and to any tideland or harbor area owned by the state:  PROVIDED, HOWEVER, That in the case of tidelands and harbor areas within the boundaries of any port district, notice of intention to make such improvement shall also be forwarded to the commissioners of said port district.

        Sec. 3.  Section 5, chapter 164, Laws of 1919 as last amended by section 178, chapter 151, Laws of 1979 and RCW 79.44.050 are each amended to read as follows:

          Upon the approval and confirmation of the assessment roll ((for any local improvement)) ordered by the proper authorities of any assessing district, the treasurer of such assessing district shall certify and forward to the director of financial management and to the chief administrative officer of the agency of state government occupying, using, or having jurisdiction over the lands, in accordance with such rules and regulations as the director of financial management may provide, a statement of all the lots or parcels of land held or owned by the state and charged on such assessment roll ((for the cost of such improvement)), separately describing each such lot or parcel of the state's land, with the amount of the local assessment charged against it, or the proportionate amount assessed against the fee simple interest of the state, in case said land has been leased.  The chief administrative officer upon receipt of such statement shall cause a proper record to be made in his office of the cost of such ((improvement)) assessment upon the lands occupied, used, or under the jurisdiction of his agency.

          No penalty shall be provided or enforced against the state, and the interest upon such assessments shall be computed and paid at the rate paid by other property situated in the same ((improvement)) assessing district.

NEW SECTION. Sec. 4.  A new section is added to chapter 79.44 RCW to read as follows:

          As used in this chapter, "assessment" shall mean any assessment, rate or charge levied, assessed, imposed, or charged by any assessing district as defined in RCW 79.44.003, and which assessments, rates or charges by statute are expressly made applicable to lands of the state.