HB 3137 -
By Representative Hunter
ADOPTED 02/19/2008
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 84.36 RCW
to read as follows:
(1) Subject to the requirements of this section, farm and
agricultural land subject to valuation under chapter 84.34 RCW is
exempt from property taxes for three years.
(2) The farm and agricultural land must be located in a county
designated as a disaster area.
(3) The exemption under this section applies to taxes levied for
collection in 2008, 2009, and 2010. Any property taxes paid during
calendar year 2008 on land eligible for the exemption under this
section may be refunded under RCW 84.69.020.
(4) The severe storms and flooding occurring in December 2007 must
have rendered at least twenty-five percent of the land unsuitable for
the production of livestock or agricultural commodities in the
immediately subsequent growing season.
(5) A property owner must file an application by the end of
calendar year 2008. An application shall be filed with the county
assessor on forms prescribed by the department of revenue and furnished
by the assessor. The assessor shall verify and approve applications as
the assessor determines to be justified and in accordance with this
section.
(6) The definitions in this subsection apply throughout this
section.
(a) "Farm and agricultural land" has the meaning provided in RCW
84.34.020.
(b) "Disaster area" means a county designated by the president of
the United States as a disaster area from severe storms and flooding
occurring in December 2007 where citizens of the county are eligible
for individual assistance under the federal emergency management act.
Sec. 2 RCW 84.69.020 and 2005 c 502 s 9 are each amended to read
as follows:
On the order of the county treasurer, ad valorem taxes paid before
or after delinquency shall be refunded if they were:
(1) Paid more than once;
(2) Paid as a result of manifest error in description;
(3) Paid as a result of a clerical error in extending the tax
rolls;
(4) Paid as a result of other clerical errors in listing property;
(5) Paid with respect to improvements which did not exist on
assessment date;
(6) Paid under levies or statutes adjudicated to be illegal or
unconstitutional;
(7) Paid as a result of mistake, inadvertence, or lack of knowledge
by any person exempted from paying real property taxes or a portion
thereof pursuant to RCW 84.36.381 through 84.36.389, as now or
hereafter amended;
(8) Paid as a result of mistake, inadvertence, or lack of knowledge
by either a public official or employee or by any person with respect
to real property in which the person paying the same has no legal
interest;
(9) Paid on the basis of an assessed valuation which was appealed
to the county board of equalization and ordered reduced by the board;
(10) Paid on the basis of an assessed valuation which was appealed
to the state board of tax appeals and ordered reduced by the board((:
PROVIDED, That)). However, the amount refunded under subsections (9)
and (10) of this section shall only be for the difference between the
tax paid on the basis of the appealed valuation and the tax payable on
the valuation adjusted in accordance with the board's order;
(11) Paid as a state property tax levied upon property, the
assessed value of which has been established by the state board of tax
appeals for the year of such levy((: PROVIDED, HOWEVER, That)).
However, the amount refunded shall only be for the difference between
the state property tax paid and the amount of state property tax which
would, when added to all other property taxes within the one percent
limitation of Article VII, section 2 of the state Constitution equal
one percent of the assessed value established by the board;
(12) Paid on the basis of an assessed valuation which was
adjudicated to be unlawful or excessive((: PROVIDED, That)). However,
the amount refunded shall be for the difference between the amount of
tax which was paid on the basis of the valuation adjudged unlawful or
excessive and the amount of tax payable on the basis of the assessed
valuation determined as a result of the proceeding;
(13) Paid on property acquired under RCW 84.60.050, and canceled
under RCW 84.60.050(2);
(14) Paid on the basis of an assessed valuation that was reduced
under RCW 84.48.065;
(15) Paid on the basis of an assessed valuation that was reduced
under RCW 84.40.039; ((or))
(16) Abated under RCW 84.70.010; or
(17) Paid on the basis of property exempted later in the calendar
year under section 1 of this act.
No refunds under the provisions of this section shall be made
because of any error in determining the valuation of property, except
as authorized in subsections (9), (10), (11), and (12) of this section
nor may any refunds be made if a bona fide purchaser has acquired
rights that would preclude the assessment and collection of the
refunded tax from the property that should properly have been charged
with the tax. Any refunds made on delinquent taxes shall include the
proportionate amount of interest and penalties paid. However, no
refunds as a result of an incorrect payment authorized under subsection
(8) of this section made by a third party payee shall be granted. The
county treasurer may deduct from moneys collected for the benefit of
the state's levy, refunds of the state levy including interest on the
levy as provided by this section and chapter 84.68 RCW.
The county treasurer of each county shall make all refunds
determined to be authorized by this section, and by the first Monday in
February of each year, report to the county legislative authority a
list of all refunds made under this section during the previous year.
The list is to include the name of the person receiving the refund, the
amount of the refund, and the reason for the refund.
NEW SECTION. Sec. 3 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately."
Correct the title.
EFFECT: Changes the property tax exemption from a state only exemption to one for both state and local property taxes. Restricts the property tax exemption to farm and agricultural land where the growing capacity of the land has been reduced by at least 25% in the next growing season. Specifies that the exemption applies to taxes levied for collection in 2008, 2009, and 2010. Requires a property owner to submit an application by the end of calendar year 2008 to qualify for the exemption. Eliminates abatement provision for property that has been reduced in value between 10 and 20 percent.