AN
ACT Relating to duties of the county treasurer pertaining to treasury
management; amending RCW 28A.320.300, 28A.320.310, 28A.320.320, 36.29.020,
36.48.070, 54.24.010, 84.64.050, 84.64.080, and 84.64.120; and providing an
effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
28A.320.300 and 1990 c 33 s 335 are each amended to read as follows:
Any
common school district board of directors is empowered to direct and authorize,
and to delegate authority to an employee, officer, or agent of the common
school district or the educational service district to direct and authorize,
the county treasurer to invest funds described in RCW 28A.320.310 and
28A.320.320 and funds from state and federal sources as are then or thereafter
received by the educational service district, and such funds from county
sources as are then or thereafter received by the county treasurer, for
distribution to the common school districts. Funds from state, county and federal
sources which are so invested may be invested only for the period the funds are
not required for the immediate necessities of the common school district as
determined by the school district board of directors or its delegatee, and
shall be invested in behalf of the common school district pursuant to the terms
of RCW 28A.320.310, 28A.320.320, ((or)) 36.29.020, 36.29.022, or
36.29.024 as the nature of the funds shall dictate. A grant of authority
by a common school district pursuant to this section shall be by resolution of
the board of directors and shall specify the duration and extent of the
authority so granted. Any authority delegated to an educational service
district pursuant to this section may be redelegated pursuant to RCW
28A.310.220.
Sec.
2. RCW
28A.320.310 and 1990 c 33 s 336 are each amended to read as follows:
The
board of directors of any school district of the state of Washington which now
has, or hereafter shall have, funds in the capital projects fund of the
district in the office of the county treasurer which in the judgment of said
board are not required for the immediate necessities of the district, may
invest and reinvest all, or any part, of such funds ((in United States
securities, as hereinafter specified after and pursuant to a resolution adopted
by the board, authorizing and directing the county treasurer, as ex officio the
treasurer of said district, to invest or reinvest, said moneys or any
designated amount thereof in United States securities and specifying the type
or character of the United States securities in which said moneys shall be
invested)) pursuant to RCW 35.39.030, 36.29.020, 36.29.022, 36.29.024,
39.59.020, 39.59.030, and 43.84.080: PROVIDED, That nothing herein
authorized, or the type and character of the securities thus specified, shall
have in itself the effect of delaying any program of building for which said
funds shall have been authorized. Said funds and said securities and the
profit and interest thereon, and the proceeds thereof, shall be held by the
county treasurer to the credit and benefit of the capital projects fund of the
district in the county treasurer's office. ((If in the judgment of the
board it shall be necessary to redeem or to sell any of the purchased securities
before their ultimate maturity date, the board may, by resolution, direct the
county treasurer to cause such redemption to be had at the "Redemption
Value" of said securities or to sell said bonds and securities at not less
than market value and accrued interest. The foregoing "securities"
shall include United States bonds, federal treasury notes and treasury bonds
and United States certificates of indebtedness and other federal securities
which may, during the life of this statute, come within the terms of this
section.))
Sec.
3. RCW
28A.320.320 and 1983 c 66 s 1 are each amended to read as follows:
The
county treasurer, or the trustee, guardian, or any other custodian of any
school fund, when authorized to do so by the board of directors of any school
district, shall invest or reinvest any school funds of such district in
investment ((deposits in any qualified public depositary, or any
obligations, securities, certificates, notes, bonds, or short term securities
or obligations, of the United States)) securities pursuant to RCW
36.29.020 and 36.29.022. The county treasurer shall have the power to
select the particular investment in which said funds may be invested. All
earnings and income from such investments shall inure to the benefit of any
school fund designated by the board of directors of the school district which
such board may lawfully designate: PROVIDED, That any interest or earnings
being credited to a fund different from that which earned the interest or earnings
shall only be expended for instructional supplies, equipment or capital outlay
purposes. This section shall apply to all funds which may be lawfully so
invested or reinvested which in the judgment of the school board are not
required for the immediate necessities of the district.
Five percent of the interest or earnings, with an annual minimum of
ten dollars or annual maximum of fifty dollars, on any transactions authorized
by each resolution of the board of school directors shall be paid as an
investment service fee to the office of county treasurer when the interest or
earnings becomes available to the school district or an amount as determined
pursuant to RCW 36.29.022 and 36.29.024.
Sec.
4. RCW
36.29.020 and 1997 c 393 s 4 are each amended to read as follows:
The
county treasurer shall keep all moneys belonging to the state, or to any
county, in his or her own possession until disbursed according to law. The
county treasurer shall not place the same in the possession of any person to be
used for any purpose; nor shall he or she loan or in any manner use or permit
any person to use the same; but it shall be lawful for a county treasurer to
deposit any such moneys in any regularly designated qualified public
depositary. Any municipal corporation may by action of its governing body
authorize any of its funds which are not required for immediate expenditure,
and which are in the custody of the county treasurer or other municipal
corporation treasurer, to be invested by such treasurer. The county treasurer
may invest in savings or time accounts in designated qualified public
depositaries or in certificates, notes, or bonds of the United States, or other
obligations of the United States or its agencies, or of any corporation wholly
owned by the government of the United States; in bankers' acceptances purchased
on the secondary market, in federal home loan bank notes and bonds, federal
land bank bonds and federal national mortgage association notes, debentures and
guaranteed certificates of participation, or the obligations of any other
government sponsored corporation whose obligations are or may become eligible
as collateral for advances to member banks as determined by the board of
governors of the federal reserve system or deposit such funds or any portion
thereof in investment deposits as defined in RCW 39.58.010 secured by
collateral in accordance with the provisions of chapters 39.58 and 39.59 RCW:
PROVIDED, Five percent of the earnings, with an annual maximum of fifty
dollars, on each transaction authorized by the governing body shall be paid as
an investment service fee to the office of the county treasurer or other
municipal corporation treasurer when the earnings become available to the governing
body: PROVIDED FURTHER, That if such investment service fee amounts to five
dollars or less the county treasurer or other municipal corporation treasurer
may waive such fee.
If
in the judgment of the governing body of the municipal corporation or the
county treasurer it is necessary to redeem or to sell any of the purchased
securities before their ultimate maturity date, the governing body may, by
resolution, direct the county treasurer pursuant to RCW 36.29.010(8) to cause
such redemption to be had at the redemption value of the securities or to sell
the securities at not less than market value and accrued interest.
Whenever
the funds of any municipal corporation which are not required for immediate
expenditure are in the custody or control of the county treasurer, and the
governing body of such municipal corporation has not taken any action
pertaining to the investment of any such funds, the county finance committee
shall direct the county treasurer, under the investment policy of the county finance
committee, to invest, to the maximum prudent extent, such funds or any portion
thereof in savings or time accounts in designated qualified public depositaries
or in certificates, notes, or bonds of the United States, or other obligations
of the United States or its agencies, or of any corporation wholly owned by the
government of the United States, in bankers' acceptances purchased on the
secondary market, in federal home loan bank notes and bonds, federal land bank
bonds and federal national mortgage association notes, debentures and
guaranteed certificates of participation, or the obligations of any other
government sponsored corporation whose obligations are or may become eligible
as collateral for advances to member banks as determined by the board of
governors of the federal reserve system or deposit such funds or any portion
thereof in investment deposits as defined in RCW 39.58.010 secured by
collateral in accordance with the provisions of chapters 39.58 and 39.59 RCW:
PROVIDED, That the county treasurer shall have the power to select the specific
qualified financial institution in which the funds may be invested. The
interest or other earnings from such investments or deposits shall be deposited
in the current expense fund of the county and may be used for general county
purposes. The investment or deposit and disposition of the interest or other
earnings therefrom authorized by this paragraph shall not apply to such funds
as may be prohibited by the state Constitution from being so invested or deposited.
Sec.
5. RCW
36.48.070 and 1991 c 245 s 11 are each amended to read as follows:
The
county treasurer, the county auditor, and the chair of the county legislative
authority, ex officio, shall constitute the county finance committee. The
county treasurer shall act as chair of the committee and the county auditor as
secretary thereof. The committee shall keep a full and complete record of all
its proceedings in appropriate books of record and all such records and all correspondence
relating to the committee shall be kept in the office of the county auditor and
shall be open to public inspection. The committee shall approve county
investment policy and a debt policy and shall make appropriate rules and
regulations for the carrying out of the provisions of RCW 36.48.010 through
36.48.060, not inconsistent with law.
Sec.
6. RCW
54.24.010 and 1959 c 218 s 2 are each amended to read as follows:
The
treasurer of the county in which a utility district is located shall be ex
officio treasurer of the district: PROVIDED, That the commission by resolution
may designate some other person having experience in financial or fiscal
matters as treasurer of the utility district. The commission may((, and if
the treasurer is not the county treasurer it shall,)) require a bond, with
a surety company authorized to do business in the state of Washington, in an
amount and under the terms and conditions which the commission by resolution
from time to time finds will protect the district against loss. The premium on
any such bond shall be paid by the district.
All
district funds shall be paid to the treasurer and shall be disbursed by him
only on warrants issued by an auditor appointed by the commission, upon orders
or vouchers approved by it. The treasurer shall establish a public utility
district fund, into which shall be paid all district funds, and he shall
maintain such special funds as may be created by the commission, into which he
shall place all money as the commission may, by resolution, direct.
If
the treasurer of the district is the treasurer of the county all district funds
shall be deposited with the county depositaries under the same restrictions,
contracts, and security as provided for county depositaries; if the treasurer
of the district is some other person, all funds shall be deposited in such bank
or banks authorized to do business in this state as the commission by
resolution shall designate, and with surety bond to the district or securities
in lieu thereof of the kind, no less in amount, as provided in RCW 36.48.020
for deposit of county funds.
Such
surety bond or securities in lieu thereof shall be filed or deposited with the
treasurer of the district, and approved by resolution of the commission.
All
interest collected on district funds shall belong to the district and be
deposited to its credit in the proper district funds.
A
district may provide and require a reasonable bond of any other person handling
moneys or securities of the district: PROVIDED, That the district pays the
premium thereon.
Sec.
7. RCW
84.64.050 and 1991 c 245 s 25 are each amended to read as follows:
After
the expiration of three years from the date of delinquency, when any property
remains on the tax rolls for which no certificate of delinquency has been
issued, the county treasurer shall proceed to issue certificates of delinquency
on the property to the county for all years' taxes, interest, and costs:
PROVIDED, That the county treasurer, with the consent of the county legislative
authority, may elect to issue a certificate for fewer than all years' taxes,
interest, and costs to a minimum of the taxes, interest, and costs for the
earliest year.
Certificates
of delinquency shall be prima facie evidence that:
(1)
The property described was subject to taxation at the time the same was
assessed;
(2)
The property was assessed as required by law;
(3)
The taxes or assessments were not paid at any time before the issuance of the
certificate;
(4)
Such certificate shall have the same force and effect as a lis pendens required
under chapter 4.28 RCW.
The
county treasurer may include in the certificate of delinquency any assessments
which are due on the property and are the responsibility of the county
treasurer to collect. For purposes of this chapter, "taxes, interest, and
costs" include any assessments which are so included by the county
treasurer, and "interest" means interest and penalties unless the
context requires otherwise.
The
treasurer shall file the certificates when completed with the clerk of the
court at no cost to the treasurer, and the treasurer shall thereupon, with
legal assistance from the county prosecuting attorney, proceed to foreclose in
the name of the county, the tax liens embraced in such certificates. Notice
and summons must be served or notice given in a manner reasonably calculated to
inform the owner or owners, and any person having a recorded interest in or
lien of record upon the property, of the foreclosure action to appear within
thirty days after service of such notice and defend such action or pay the
amount due. Either (a) personal service upon the owner or owners and any
person having a recorded interest in or lien of record upon the property, or
(b) publication once in a newspaper of general circulation, which is circulated
in the area of the property and mailing of notice by certified mail to the
owner or owners and any person having a recorded interest in or lien of record
upon the property, or, if a mailing address is unavailable, personal service
upon the occupant of the property, if any, is sufficient. If such notice is
returned as unclaimed, the treasurer shall send notice by regular first class
mail. The notice shall include the legal description on the tax rolls, the
year or years for which assessed, the amount of tax and interest due, and the
name of owner, or reputed owner, if known, and the notice must include the
local street address, if any, for informational purposes only. The
certificates of delinquency issued to the county may be issued in one general
certificate in book form including all property, and the proceedings to
foreclose the liens against the property may be brought in one action and all
persons interested in any of the property involved in the proceedings may be
made codefendants in the action, and if unknown may be therein named as unknown
owners, and the publication of such notice shall be sufficient service thereof
on all persons interested in the property described therein, except as provided
above. The person or persons whose name or names appear on the treasurer's
rolls as the owner or owners of the property shall be considered and treated as
the owner or owners of the property for the purpose of this section, and if
upon the treasurer's rolls it appears that the owner or owners of the property
are unknown, then the property shall be proceeded against, as belonging to an
unknown owner or owners, as the case may be, and all persons owning or claiming
to own, or having or claiming to have an interest therein, are hereby required
to take notice of the proceedings and of any and all steps thereunder:
PROVIDED, That prior to the sale of the property, the treasurer shall order or conduct
a title search of the property to be sold to determine the legal description of
the property to be sold and the record title holder, and if the record title
holder or holders differ from the person or persons whose name or names appear
on the treasurer's rolls as the owner or owners, the record title holder or
holders shall be considered and treated as the owner or owners of the property
for the purpose of this section, and shall be entitled to the notice provided
for in this section. Such title search shall be included in the costs of
foreclosure.
The
county treasurer shall not sell property which is eligible for deferral of
taxes under chapter 84.38 RCW but shall require the owner of the property to
file a declaration to defer taxes under chapter 84.38 RCW.
Sec.
8. RCW
84.64.080 and 1991 c 245 s 27 are each amended to read as follows:
The
court shall examine each application for judgment foreclosing tax lien, and if
defense (specifying in writing the particular cause of objection) be offered by
any person interested in any of the lands or lots to the entry of judgment
against the same, the court shall hear and determine the matter in a summary
manner, without other pleadings, and shall pronounce judgment as the right of
the case may be; or the court may, in its discretion, continue such individual
cases, wherein defense is offered, to such time as may be necessary, in order
to secure substantial justice to the contestants therein; but in all other
cases the court shall proceed to determine the matter in a summary manner as
above specified. In all judicial proceedings of any kind for the collection of
taxes, and interest and costs thereon, all amendments which by law can be made
in any personal action pending in such court shall be allowed, and no
assessments of property or charge for any of the taxes shall be considered
illegal on account of any irregularity in the tax list or assessment rolls or
on account of the assessment rolls or tax list not having been made, completed
or returned within the time required by law, or on account of the property
having been charged or listed in the assessment or tax lists without name, or
in any other name than that of the owner, and no error or informality in the
proceedings of any of the officers connected with the assessment, levying or
collection of the taxes, shall vitiate or in any manner affect the tax or the
assessment thereof, and any irregularities or informality in the assessment
rolls or tax lists or in any of the proceedings connected with the assessment
or levy of such taxes or any omission or defective act of any officer or
officers connected with the assessment or levying of such taxes, may be, in the
discretion of the court, corrected, supplied and made to conform to the law by
the court. The court shall give judgment for such taxes, interest and costs as
shall appear to be due upon the several lots or tracts described in the notice
of application for judgment or complaint, and such judgment shall be a several
judgment against each tract or lot or part of a tract or lot for each kind of
tax included therein, including all interest and costs, and the court shall
order and direct the clerk to make and enter an order for the sale of such real
property against which judgment is made, or vacate and set aside the
certificate of delinquency or make such other order or judgment as in the law
or equity may be just. The order shall be signed by the judge of the superior
court, shall be delivered to the county treasurer, and shall be full and
sufficient authority for him or her to proceed to sell the property for the sum
as set forth in the order and to take such further steps in the matter as are
provided by law. The county treasurer shall immediately after receiving the
order and judgment of the court proceed to sell the property as provided in
this chapter to the highest and best bidder for cash. The acceptable minimum
bid shall be the total amount of taxes, interest, ((penalties,)) and
costs. All sales shall be made at a location in the county on a date and time
(except Saturdays, Sundays, or legal holidays) as the county treasurer may
direct, and shall continue from day to day (Saturdays, Sundays, and legal
holidays excepted) during the same hours until all lots or tracts are sold,
after first giving notice of the time, and place where such sale is to take
place for ten days successively by posting notice thereof in three public
places in the county, one of which shall be in the office of the treasurer.
The notice shall be substantially in the following form:
TAX JUDGMENT SALE
Public
notice is hereby given that pursuant to real property tax judgment of the
superior court of the county of . . . . . . in the
state of Washington, and an order of sale duly issued by the court, entered the
. . . . day of . . . . . .,
. . . ., in proceedings for foreclosure of tax liens upon real
property, as per provisions of law, I shall on the . . . . day
of . . . . . ., . . . ., at
. . . . o'clock a.m., at . . . . . . in
the city of . . . . . ., and county of
. . . . . ., state of Washington, sell the real
property to the highest and best bidder for cash, to satisfy the full amount of
taxes, interest and costs adjudged to be due.
In
witness whereof, I have hereunto affixed my hand and seal this
. . . . day of . . . . . .,
. . . . .
...................................
Treasurer of ......................
county.
No
county officer or employee shall directly or indirectly be a purchaser of such
property at such sale.
If
any buildings or improvements are upon an area encompassing more than one tract
or lot, the same must be advertised and sold as a single unit.
If
the highest amount bid for any such separate unit tract or lot is in excess of
the minimum bid due upon the whole property included in the certificate of
delinquency, the excess shall be refunded following payment of all water and
sewer district liens, on application therefor, to the record owner of the
property. The record owner of the property is the person who held title on the
date of issuance of the certificate of delinquency. In the event no claim for
the excess is received by the county treasurer within three years after the
date of the sale he or she shall at expiration of the three year period deposit
such excess in the current expense fund of the county. The county treasurer
shall execute to the purchaser of any piece or parcel of land a tax deed. The
deed so made by the county treasurer, under the official seal of his or her
office, shall be recorded in the same manner as other conveyances of real
property, and shall vest in the grantee, his or her heirs and assigns the title
to the property therein described, without further acknowledgment or evidence
of such conveyance, and shall be substantially in the following form:
State of Washington B
C ss.
County
of .............. D
This
indenture, made this . . . . day of
. . . . . ., . . . . . .,
between . . . . . ., as treasurer of
. . . . . . county, state of Washington, party of the
first part, and . . . . . ., party of the second part:
Witnesseth,
that, whereas, at a public sale of real property held on the
. . . . day of . . . . . .,
. . . ., pursuant to a real property tax judgment entered in the
superior court in the county of . . . . . . on the
. . . . day of . . . . . .,
. . . ., in proceedings to foreclose tax liens upon real
property and an order of sale duly issued by the court,
. . . . . . duly purchased in compliance with the laws
of the state of Washington, the following described real property, to wit: (Here
place description of real property conveyed) and that the
. . . . . . has complied with the laws of the state of
Washington necessary to entitle (him, or her or them) to a deed for the real
property.
Now,
therefore, know ye, that, I . . . . . ., county
treasurer of the county of . . . . . ., state of
Washington, in consideration of the premises and by virtue of the statutes of
the state of Washington, in such cases provided, do hereby grant and convey
unto . . . . . ., his or her heirs and assigns,
forever, the real property hereinbefore described.
Given
under my hand and seal of office this . . . . day of
. . . . . ., A.D. . . . .
...............................
County
Treasurer.
Sec.
9. RCW
84.64.120 and 1991 c 245 s 28 are each amended to read as follows:
Appellate
review of the judgment of the superior court may be sought as in other civil
cases. However, review must be sought within thirty days after the entry of
the judgment and the party taking such appeal shall deposit a sum equal to all
taxes, interest, ((penalties,)) and costs with the clerk of the court,
conditioned that the appellant shall prosecute the appeal with effect, and will
pay the amount of any taxes, interest and costs which may be finally adjudged
against the real property involved in the appeal by any court having
jurisdiction of the cause. No appeal shall be allowed from any judgment for
the sale of land or lot for taxes unless the party taking such appeal shall
before the time of giving notice of such appeal, and within thirty days herein
allowed within which to appeal, deposit with the clerk of the court of the
county in which the land or lots are situated, an amount of money equal to the
amount of the judgment and costs rendered in such cause by the trial court.
If, in case of an appeal, the judgment of the lower court shall be affirmed, in
whole or in part, the supreme court or the court of appeals shall enter
judgment for the amount of taxes, interest and costs, with damages not to
exceed twenty percent, and shall order that the amount deposited with the clerk
of the court, or so much thereof as may be necessary, be credited upon the
judgment so rendered, and execution shall issue for the balance of the
judgment, damages and costs. The clerk of the supreme court or the clerk of the
division of the court of appeals in which the appeal is pending shall transmit
to the county treasurer of the county in which the land or lots are situated a
certified copy of the order of affirmance, and it shall be the duty of such
county treasurer upon receiving the same to apply so much of the amount
deposited with the clerk of the court, as shall be necessary to satisfy the
amount of the judgment of the supreme court, and to account for the same as
collected taxes. If the judgment of the superior court shall be reversed and
the cause remanded for a rehearing, and if, upon a rehearing, judgment shall be
rendered for the sale of the land or lots for taxes, or any part thereof, and
such judgment be not appealed from, as herein provided, the clerk of such
superior court shall certify to the county treasurer the amount of such
judgment, and thereupon it shall be the duty of the county treasurer to certify
to the county clerk the amount deposited with the clerk of the court, and the
county clerk shall credit such judgment with the amount of such deposit, or so
much thereof as will satisfy the judgment, and the county treasurer shall be
chargeable and accountable for the amount so credited as collected taxes.
Nothing herein shall be construed as requiring an additional deposit in case of
more than one appeal being prosecuted in (([the])) the
proceeding. If, upon a final hearing, judgment shall be refused for the sale
of the land or lots for the taxes, ((penalties,)) interest, and
costs, or any part thereof, in the proceedings, the county treasurer shall pay
over to the party who shall have made such deposit, or his or her legally
authorized agent or representative, the amount of the deposit, or so much
thereof as shall remain after the satisfaction of the judgment against the land
or lots in respect to which such deposit shall have been made.
NEW
SECTION. Sec. 10.
Section 5 of this act takes effect January 1, 2000.
