BP BHEAD INT S

AN ACT Relating to diking and drainage districts; amending RCW 85.05.065, 85.06.015, 85.08.015, 85.24.015, 85.38.140, 85.38.160, and 85.38.170; adding a new section to chapter 85.15 RCW; adding a new section to chapter 85.16 RCW; adding a new section to chapter 85.18 RCW; adding a new section to chapter 85.32 RCW; and repealing RCW 85.15.010, 85.15.020, 85.15.030, 85.15.040, 85.15.050, 85.15.060, 85.15.070, 85.15.080, 85.15.090, 85.15.100, 85.15.110, 85.15.120, 85.15.130, 85.15.140, 85.15.150, 85.15.160, 85.15.170, 85.18.005, 85.18.010, 85.18.020, 85.18.030, 85.18.040, 85.18.050, 85.18.060, 85.18.070, 85.18.080, 85.18.090, 85.18.100, 85.18.110, 85.18.120, 85.18.130, 85.18.140, 85.18.150, 85.18.160, 85.18.170, 85.18.180, 85.18.900, 85.32.010, 85.32.020, 85.32.030, 85.32.040, 85.32.050, 85.32.060, 85.32.070, 85.32.080, 85.32.090, 85.32.100, 85.32.110, 85.32.120, 85.32.130, 85.32.140, 85.32.150, 85.32.160, 85.32.170, 85.32.180, 85.32.190, 85.32.200, 85.32.210, 85.32.220, 85.32.900, and 85.32.910.

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

Sec. 1. RCW 85.05.065 and 1985 c 396 s 31 are each amended to read as follows:

Diking districts shall possess the authority and shall be created, district voting rights shall be determined, and district elections shall be held as provided in chapter 85.38 RCW. Beginning January 1, 1996, all levies and assessments of property within the district shall be made as provided in chapter 85.38 RCW. Levies and assessments made during 1994 and 1995 that are the same as those made during 1993 are deemed valid unless modified as permitted in this title. Nothing in this section shall compel an act of default by the district on any existing contract or bond under which it has unperformed obligations as of the effective date of this act.

Sec. 2. RCW 85.06.015 and 1985 c 396 s 32 are each amended to read as follows:

Drainage districts shall possess the authority and shall be created, district voting rights shall be determined, and district elections shall be held as provided in chapter 85.38 RCW. Beginning January 1, 1996, all levies and assessments of property within the district shall be made as provided in chapter 85.38 RCW. Levies and assessments made during 1994 and 1995 that are the same as those made during 1993 are deemed valid unless modified as permitted in this title. Nothing in this section shall compel an act of default by the district on any existing contract or bond under which it has unperformed obligations as of the effective date of this act.

Sec. 3. RCW 85.08.015 and 1985 c 396 s 33 are each amended to read as follows:

Diking, drainage, or sewerage improvement districts shall possess the authority and shall be created, district voting rights shall be determined, and district elections shall be held as provided in chapter 85.38 RCW. Beginning January 1, 1996, all levies and assessments of property within the district shall be made as provided in chapter 85.38 RCW. Levies and assessments made during 1994 and 1995 that are the same as those made during 1993 are deemed valid unless modified as permitted in this title. Nothing in this section shall compel an act of default by the district on any existing contract or bond under which it has unperformed obligations as of the effective date of this act.

NEW SECTION. Sec. 4. A new section is added to chapter 85.15 RCW to read as follows:

Beginning January 1, 1996, all levies and assessments of property within the district made for purposes authorized under this chapter shall be made as provided in chapter 85.38 RCW. Levies and assessments made during 1994 and 1995 that are the same as those made during 1993 are deemed valid unless modified as permitted in this title. Nothing in this section shall compel an act of default by the district on any contract or bond under which it has unperformed obligations as of the effective date of this act.

NEW SECTION. Sec. 5. A new section is added to chapter 85.16 RCW to read as follows:

NEW SECTION. Sec. 6. A new section is added to chapter 85.18 RCW to read as follows:

Beginning January 1, 1996, all levies and assessments of property within the district made for purposes authorized under this chapter shall be made as provided in chapter 85.38 RCW. Levies and assessments made during 1994 and 1995 that are the same as those made during 1993 are deemed valid unless modified as permitted in this title. Nothing in this section shall compel an act of default by the district on any existing contract or bond under which it has unperformed obligations as of the effective date of this act.

Sec. 7. RCW 85.24.015 and 1985 c 396 s 34 are each amended to read as follows:

Intercounty diking and drainage districts shall possess the authority and shall be created, district voting rights shall be determined, and district elections shall be held as provided in chapter 85.38 RCW. Beginning January 1, 1996, all levies and assessments of property within the district shall be made as provided in chapter 85.38 RCW. Levies and assessments made during 1994 and 1995 that are the same as those made during 1993 are deemed valid unless modified as permitted in this title. Nothing in this section shall compel an act of default by the district on any existing contract or bond under which it has unperformed obligations as of the effective date of this act.

NEW SECTION. Sec. 8. A new section is added to chapter 85.32 RCW to read as follows:

Sec. 9. RCW 85.38.140 and 1993 c 464 s 3 are each amended to read as follows:

The process by which budgets are adopted, special assessments are measured and imposed, rates and charges are fixed, and assessment zones are established, as provided in RCW 85.38.140 through 85.38.170, shall, until January 1, 1995, constitute an alternative optional method of financing special districts. Beginning January 1, 1995, RCW 85.38.140 through 85.38.170 shall constitute the exclusive method of financing special districts. Until January 1, 1995, a special district in existence prior to July 28, 1985, may conform with RCW 85.38.140 through 85.38.170 when its governing body adopts a resolution indicating its intention to conform with such laws. Whenever such a resolution is adopted, or a new special district is created on or after July 28, 1985, RCW 85.38.140 through 85.38.170 shall be the exclusive method by which the special district measures and imposes special assessments and adopts its budget. ((The governing body of a special district that was created before July 28, 1985, and which operates under RCW 85.38.140 through 85.38.170, may adopt a resolution removing the special district from operating under RCW 85.38.140 through 85.38.170, and operate under alternative procedures available to the special district.)) A county may charge a special district for costs the county incurs in establishing a system or systems of assessment for the special district pursuant to RCW 85.38.140 through 85.38.170.

Sec. 10. RCW 85.38.160 and 1985 c 396 s 17 are each amended to read as follows:

(1) The county within which each special district is located shall establish a system or systems of assessment for the special district as provided in this section. A differing system of assessment shall be established for different classes of facilities that a special district provides or will provide, including a separate system of assessment for diking and drainage facilities if both classes of facilities are provided. Whenever a special district is located in more than one county, the county within which the largest portion of the special district is located shall establish the system or systems of assessment for the entire special district. A system of assessment shall include assessment zones, the acreage included in each assessment zone, a dollar value of benefit or use per acre, and various classes or types of improvements together with a dollar value of benefit or use for an improvement included in each of the classes or types of improvements. The county shall establish which improvements shall be subject to special assessments and shall establish one or more types or classes of such improvements.

(2) The engineer of the county shall prepare a preliminary system or systems of assessment for each special district. Each system of assessment that is prepared for a special district shall be designed to generate a total of one thousand dollars in revenue for the special district.

The preliminary system or systems of assessment shall be filed with the county legislative authority. A public hearing on the preliminary system or systems of assessment shall be held by the county legislative authority. Notice of the public hearing shall be published in a newspaper, in general circulation in the special district, for two consecutive weeks with the final notice being published not less than fourteen, nor more than twenty-one days, before the public hearing. Notice shall also be mailed to each owner or reputed owner, as shown on the assessor's tax rolls, of each lot or parcel subject to such assessments. The mailed notice shall indicate the amount of assessment on the lot or parcel that, together with all other assessments in the system of assessment, would raise one thousand dollars. The mailed notice shall indicate that this assessment amount is not being imposed, but is a hypothetical assessment that, if combined with all other hypothetical assessments in the system of assessment, would generate one thousand dollars, and that this hypothetical assessment is proposed to be used to establish a system or systems of assessment for the special district. Where a special district currently is imposing special assessments and a property owner's property is subject to these special assessments, the mailed notice to this property owner also shall use the hypothetical special assessment in conjunction with the total special assessments imposed by the special district in that year to provide a comparison special assessment value to the property owner. This notice shall indicate that the comparison special assessment value is not being imposed, and should be considered for comparative purposes only. Where a special district is not currently imposing special assessments, the mailed notice may include, if deemed appropriate by the county engineer and if such figures are available, an estimated special assessment value for the property owner's property using this hypothetical special assessment in conjunction with special district-wide level of special assessments that possibly would be imposed in the following year. Where a county is imposing rates and charges for storm water or surface water control facilities pursuant to chapters 36.89 or 36.94 RCW, the county shall credit such rates and charges with assessments imposed under this section by a special district to fund drainage facilities and the maintenance of drainage facilities unless the facilities or services provided by the county are separate from and in addition to those provided by the special district.

(3) The county legislative authority shall hold a public hearing on the preliminary system or systems of assessment on the day specified in the notices. Persons objecting to the preliminary system or systems of assessment may present their objections at this public hearing, which may be continued if necessary. The county legislative authority shall adopt an ordinance finalizing the system or systems of assessment after making any changes that in its discretion are necessary. The county legislative authority shall have broad discretion in establishing systems of assessment. The decision of the county legislative authority shall be final, except for appeals. Any person objecting to the system or systems of assessment must appeal such decision to the superior court of the county within which all, or the largest portion, of the special district is located within twenty days of the adoption of the ordinance.

(4) The system or systems of assessment of each special district shall be reviewed by the county engineer and finalized by the county legislative authority at least once every four years. A system or systems of assessment shall be finalized on or before the first of September in the year that it is finalized. The legislative authority of a county that is responsible for establishing a system or systems of assessment for more than one special district may, at its option, stagger the initial finalization of such systems of assessment for different special districts over a period of up to four years. Assessments shall be collected in special districts pursuant to the district's previous system of assessment until the system or systems of assessment under this chapter is finalized under this section.

(5) New improvements shall be noted by the special district as they are made and shall be subject to special assessments in the year after the improvement is made.

(6) The county legislative authority, upon request by a special district, may authorize the special district to impose and collect emergency assessments pursuant to the special district's system or systems of assessment whenever the emergent protection of life or property is necessary.

Sec. 11. RCW 85.38.170 and 1985 c 396 s 18 are each amended to read as follows:

Budgets for each special district shall be adopted, and special assessments imposed, annually for the succeeding calendar year. On or before December 1st of each year, the governing body of the special district shall adopt a resolution approving a budget for the succeeding year and special assessments and rates and charges sufficient to finance the budget. A copy of the resolution and the budget shall be forwarded immediately to the county legislative authority of the county or counties within which the special district is located and to the treasurer of the county or counties in which the special district is located. Special assessments necessary to generate funds for this budget shall be imposed pursuant to the system or systems of assessment established by the county. Special assessments shall be collected by the county treasurer or treasurers within which the special district is located. Notice of the special assessments due may be included on the notice of property taxes due, may be included on a separate notice that is mailed with the notice of property taxes due, or may be sent separately from the notice of property taxes due. Special assessments shall be due at the same time property taxes are due and shall constitute liens on the land or improvements upon which they are imposed. Delinquent special assessments shall be foreclosed in the same manner, and subject to the same time schedules, interest, and penalties as delinquent property taxes. County treasurers may impose a fee for collecting special assessments not to exceed one percent of the dollar value of special assessments collected.

NEW SECTION. Sec. 12. The following acts or parts of acts are each repealed:

(1) RCW 85.15.010 and 1967 c 184 s 2;

(2) RCW 85.15.020 and 1967 c 184 s 3;

(3) RCW 85.15.030 and 1973 1st ex.s. c 195 s 111 & 1967 c 184 s 4;

(4) RCW 85.15.040 and 1985 c 469 s 75 & 1967 c 184 s 5;

(5) RCW 85.15.050 and 1967 c 184 s 6;

(6) RCW 85.15.060 and 1973 1st ex.s. c 195 s 112 & 1967 c 184 s 7;

(7) RCW 85.15.070 and 1973 1st ex.s. c 195 s 113 & 1967 c 184 s 8;

(8) RCW 85.15.080 and 1967 c 184 s 9;

(9) RCW 85.15.090 and 1967 c 184 s 10;

(10) RCW 85.15.100 and 1967 c 184 s 11;

(11) RCW 85.15.110 and 1967 c 184 s 12;

(12) RCW 85.15.120 and 1967 c 184 s 13;

(13) RCW 85.15.130 and 1988 c 202 s 78, 1971 c 81 s 163, & 1967 c 184 s 14;

(14) RCW 85.15.140 and 1973 1st ex.s. c 195 s 114 & 1967 c 184 s 15;

(15) RCW 85.15.150 and 1967 c 184 s 16;

(16) RCW 85.15.160 and 1967 c 184 s 17;

(17) RCW 85.15.170 and 1967 c 184 s 18;

(18) RCW 85.18.005 and 1951 c 45 s 1;

(19) RCW 85.18.010 and 1973 1st ex.s. c 195 s 115 & 1951 c 45 s 2;

(20) RCW 85.18.020 and 1951 c 45 s 3;

(21) RCW 85.18.030 and 1973 1st ex.s. c 195 s 116 & 1951 c 45 s 4;

(22) RCW 85.18.040 and 1985 c 469 s 76 & 1951 c 45 s 5;

(23) RCW 85.18.050 and 1951 c 45 s 6;

(24) RCW 85.18.060 and 1951 c 45 s 7;

(25) RCW 85.18.070 and 1951 c 45 s 8;

(26) RCW 85.18.080 and 1973 1st ex.s. c 195 s 117 & 1951 c 45 s 9;

(27) RCW 85.18.090 and 1951 c 45 s 10;

(28) RCW 85.18.100 and 1951 c 45 s 11;

(29) RCW 85.18.110 and 1951 c 45 s 12;

(30) RCW 85.18.120 and 1951 c 45 s 13;

(31) RCW 85.18.130 and 1951 c 45 s 14;

(32) RCW 85.18.140 and 1988 c 202 s 81, 1971 c 81 s 166, & 1951 c 45 s 15;

(33) RCW 85.18.150 and 1973 1st ex.s. c 195 s 118 & 1951 c 45 s 16;

(34) RCW 85.18.160 and 1951 c 45 s 17;

(35) RCW 85.18.170 and 1951 c 45 s 18;

(36) RCW 85.18.180 and 1951 c 45 s 19;

(37) RCW 85.18.900 and 1951 c 45 s 20;

(38) RCW 85.32.010 and 1961 c 131 s 2;

(39) RCW 85.32.020 and 1961 c 131 s 3;

(40) RCW 85.32.030 and 1973 1st ex.s. c 195 s 120 & 1961 c 131 s 4;

(41) RCW 85.32.040 and 1973 1st ex.s. c 195 s 121 & 1961 c 131 s 5;

(42) RCW 85.32.050 and 1973 1st ex.s. c 195 s 122 & 1961 c 131 s 6;

(43) RCW 85.32.060 and 1985 c 469 s 84, 1973 1st ex.s. c 195 s 123, & 1961 c 131 s 7;

(44) RCW 85.32.070 and 1961 c 131 s 8;

(45) RCW 85.32.080 and 1961 c 131 s 9;

(46) RCW 85.32.090 and 1961 c 131 s 10;

(47) RCW 85.32.100 and 1973 1st ex.s. c 195 s 124 & 1961 c 131 s 11;

(48) RCW 85.32.110 and 1973 1st ex.s. c 195 s 125 & 1961 c 131 s 12;

(49) RCW 85.32.120 and 1973 1st ex.s. c 195 s 126 & 1961 c 131 s 13;

(50) RCW 85.32.130 and 1961 c 131 s 14;

(51) RCW 85.32.140 and 1986 c 278 s 39 & 1961 c 131 s 15;

(52) RCW 85.32.150 and 1961 c 131 s 16;

(53) RCW 85.32.160 and 1961 c 131 s 17;

(54) RCW 85.32.170 and 1961 c 131 s 18;

(55) RCW 85.32.180 and 1961 c 131 s 19;

(56) RCW 85.32.190 and 1961 c 131 s 20;

(57) RCW 85.32.200 and 1988 c 202 s 84, 1971 c 81 s 169, & 1961 c 131 s 21;

(58) RCW 85.32.210 and 1973 1st ex.s. c 195 s 127 & 1961 c 131 s 22;

(59) RCW 85.32.220 and 1961 c 131 s 23;

(60) RCW 85.32.900 and 1961 c 131 s 24; and

(61) RCW 85.32.910 and 1961 c 131 s 25.