HB 1166 -
By Committee on Government Operations & Elections
ADOPTED 04/10/2007
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 35.61.210 and 1997 c 3 s 205 are each amended to read
as follows:
The board of park commissioners may levy or cause to be levied a
general tax on all the property located in said park district each year
not to exceed fifty cents per thousand dollars of assessed value of the
property in such park district. In addition, the board of park
commissioners may levy or cause to be levied a general tax on all
property located in said park district each year not to exceed twenty-five cents per thousand dollars of assessed valuation. Although park
districts are authorized to impose two separate regular property tax
levies, the levies shall be considered to be a single levy for purposes
of the limitation provided for in chapter 84.55 RCW.
The board is hereby authorized to levy a general tax in excess of
its regular property tax levy or levies when authorized so to do at a
special election conducted in accordance with and subject to all the
requirements of the Constitution and laws of the state now in force or
hereafter enacted governing the limitation of tax levies. The board is
hereby authorized to call a special election for the purpose of
submitting to the qualified voters of the park district a proposition
to levy a tax in excess of the seventy-five cents per thousand dollars
of assessed value herein specifically authorized. The manner of
submitting any such proposition, of certifying the same, and of giving
or publishing notice thereof, shall be as provided by law for the
submission of propositions by cities or towns.
The board shall include in its general tax levy for each year a
sufficient sum to pay the interest on all outstanding bonds and may
include a sufficient amount to create a sinking fund for the redemption
of all outstanding bonds. The levy shall be certified to the proper
county officials for collection the same as other general taxes and
when collected, the general tax shall be placed in a separate fund in
the office of the county treasurer to be known as the "metropolitan
park district fund" and ((paid out on warrants)) disbursed under RCW
36.29.010(1) and 39.58.750.
Sec. 2 RCW 36.35.020 and 1972 ex.s. c 150 s 2 are each amended to
read as follows:
The term "tax title lands" as used in this chapter shall mean any
tract of land acquired by the county for lack of other bidders at a tax
foreclosure sale. Tax title lands are held in trust for the taxing
districts.
Sec. 3 RCW 36.35.100 and 1998 c 106 s 13 are each amended to read
as follows:
All property deeded to the county under the provisions of this
chapter shall be ((stricken from the tax rolls as county property and
exempt from taxation and shall not be again assessed or taxed while the
property of the county)) treated as follows during the period the
property is so held:
(1) The property shall be:
(a) Stricken from the tax rolls as county property;
(b) Exempt from taxation;
(c) Exempt from special assessments except as provided in chapter
35.49 RCW and RCW 35.44.140 and 79.44.190; and
(d) Exempt from property owner association dues or fees.
(2) The sale, management, and leasing of tax title property shall
be handled as under chapter 36.35 RCW.
Sec. 4 RCW 36.89.090 and 1991 c 36 s 1 are each amended to read
as follows:
The county shall have a lien for delinquent ((service)) charges,
including interest, penalties, and costs of foreclosure thereon,
against any property against which they were levied for ((storm water
control facilities)) the purposes authorized by this chapter, which
lien shall be superior to all other liens and encumbrances except
general taxes and local and special assessments. Such lien shall be
effective upon the charges becoming delinquent and shall be enforced
and foreclosed in the same manner as provided for sewerage liens of
cities and towns by RCW 35.67.200 through 35.67.290((: PROVIDED,
That)). However, a county may, by resolution or ordinance, adopt all
or any part of the alternative interest rate, lien, and foreclosure
procedures as set forth in RCW 36.89.092 through 36.89.094 or ((by
RCW)) 36.94.150, or chapters 84.56, 84.60, and 84.64 RCW.
Sec. 5 RCW 84.56.070 and 1991 c 245 s 19 are each amended to read
as follows:
On the fifteenth day of February succeeding the levy of taxes, the
county treasurer shall proceed to collect all personal property taxes.
The treasurer shall give notice by mail to all persons charged with
personal property taxes, and if such taxes are not paid before they
become delinquent, the treasurer shall forthwith proceed to collect the
same. In the event that he or she is unable to collect the same when
due, the treasurer shall prepare papers in distraint, which shall
contain a description of the personal property, the amount of taxes,
the amount of the accrued interest at the rate provided by law from the
date of delinquency, and the name of the owner or reputed owner. The
treasurer shall without demand or notice distrain sufficient goods and
chattels belonging to the person charged with such taxes to pay the
same, with interest at the rate provided by law from the date of
delinquency, together with all accruing costs, and shall proceed to
advertise the same by posting written notices in three public places in
the county in which such property has been distrained, one of which
places shall be at the county court house, such notice to state the
time when and place where such property will be sold. The county
treasurer, or the treasurer's deputy, shall tax the same fees for
making the distraint and sale of goods and chattels for the payment of
taxes as are allowed by law to sheriffs for making levy and sale of
property on execution; traveling fees to be computed from the county
seat of the county to the place of making distraint. If the taxes for
which such property is distrained, and the interest and costs accruing
thereon, are not paid before the date appointed for such sale, which
shall be not less than ten days after the taking of such property, such
treasurer or treasurer's designee shall proceed to sell such property
at public auction, or so much thereof as shall be sufficient to pay
such taxes, with interest and costs, and if there be any excess of
money arising from the sale of any personal property, the treasurer
shall pay such excess less any cost of the auction to the owner of the
property so sold or to his or her legal representative: PROVIDED, That
whenever it shall become necessary to distrain any standing timber
owned separately from the ownership of the land upon which the same may
stand, or any fish trap, pound net, reef net, set net or drag seine
fishing location, or any other personal property as the treasurer shall
determine to be incapable or reasonably impracticable of manual
delivery, it shall be deemed to have been distrained and taken into
possession when the treasurer shall have, at least thirty days before
the date fixed for the sale thereof, filed with the auditor of the
county wherein such property is located a notice in writing reciting
that the treasurer has distrained such property, describing it, giving
the name of the owner or reputed owner, the amount of the tax due, with
interest, and the time and place of sale; a copy of the notice shall
also be sent to the owner or reputed owner at his last known address,
by registered letter at least thirty days prior to the date of sale:
AND PROVIDED FURTHER, That if the county treasurer has reasonable
grounds to believe that any personal property, including mobile homes,
manufactured homes, or park model trailers, upon which taxes have been
levied, but not paid, is about to be removed from the county where the
same has been assessed, or is about to be destroyed, sold or disposed
of, the county treasurer may demand such taxes, without the notice
provided for in this section, and if necessary may forthwith distrain
sufficient goods and chattels to pay the same.
Sec. 6 RCW 84.56.090 and 1985 c 83 s 1 are each amended to read
as follows:
Whenever in the judgment of the assessor or the county treasurer
personal property is being removed or is about to be removed without
the limits of the state, or is being dissipated or about to be
dissipated, or is being or about to be sold, disposed of, or removed
from the county so as to jeopardize collection of taxes, the treasurer
shall immediately prepare papers in distraint, which shall contain a
description of the personal property, including mobile homes,
manufactured homes, or park model trailers, being or about to be
removed, dissipated, sold, disposed of, or removed from the county so
as to jeopardize collection of taxes, the amount of the tax, the amount
of accrued interest at the rate provided by law from the date of
delinquency, and the name of the owner or reputed owner, and he shall
without demand or notice distrain sufficient goods and chattels
belonging to the person charged with such taxes to pay the same with
interest at the rate provided by law from the date of delinquency,
together with all accruing costs, and shall advertise and sell said
property as provided in RCW 84.56.070.
If said personal property is being removed or is about to be
removed from the limits of the state, is being dissipated or about to
be dissipated, or is being or about to be sold, disposed of, or removed
from the county so as to jeopardize collection of taxes, at any time
subsequent to the first day of January in any year, and prior to the
levy of taxes thereon, the taxes upon such property so distrained shall
be computed upon the rate of levy for state, county and local purposes
for the preceding year; and all taxes collected in advance of levy
under this section and RCW 84.56.120, together with the name of the
owner and a brief description of the property assessed shall be entered
forthwith by the county treasurer upon the personal property tax rolls
of such preceding year, and all collections thereon shall be considered
and treated in all respects, and without recourse by either the owner
or any taxing unit, as collections for such preceding year. Property
on which taxes are thus collected shall thereupon become discharged
from the lien of any taxes that may thereafter be levied in the year in
which payment or collection is made.
Whenever property has been removed from the county wherein it has
been assessed, on which the taxes have not been paid, then the county
treasurer, or his deputy, shall have the same power to distrain and
sell said property for the satisfaction of said taxes as he would have
if said property were situated in the county in which the property was
taxed, and in addition thereto said treasurer, or his deputy, in the
distraint and sale of property for the payment of taxes, shall have the
same powers as are now by law given to the sheriff in making levy and
sale of property on execution.
Sec. 7 RCW 84.64.200 and 1981 c 322 s 6 are each amended to read
as follows:
All lots, tracts and parcels of land upon which taxes levied prior
to January 9, 1926 remain due and unpaid at the date when such taxes
would have become delinquent as provided in the act under which they
were levied shall be deemed to be delinquent under the provisions of
this title, and the same proceedings may be had to enforce the payment
of such unpaid taxes, with interest and costs, and payment enforced and
liens foreclosed under and by virtue of the provisions of this chapter.
For the purposes of foreclosure under this chapter, the date of
delinquency shall be construed to mean the date when the taxes first
became delinquent. At all sales of property for which certificates of
delinquency are held by the county, if no other bids are received, the
county shall be considered a bidder for the full area of each tract or
lot to the amount of all taxes, interest and costs due thereon, and
where no bidder appears, acquire title ((thereto)) in trust for the
taxing districts as absolutely as if purchased by an individual under
the provisions of this chapter; all bidders except the county at sales
of property for which certificates of delinquency are held by the
county shall pay the full amount of taxes, interest and costs for which
judgment is rendered, together with all taxes, interest and costs which
are delinquent at the time of sale, regardless of whether the taxes,
interest, or costs are included in the judgment."
HB 1166 -
By Committee on Government Operations & Elections
ADOPTED 04/10/2007
On page 1, line 2 of the title, after "provisions;" strike the remainder of the title and insert "and amending RCW 35.61.210, 36.35.020, 36.35.100, 36.89.090, 84.56.070, 84.56.090, and 84.64.200."