H-3718.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 2182

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By House Committee on Local Government (originally sponsored by Representatives Kremen, Mielke, Eide, King, Linville and H. Myers)

Read first time 01/28/94.

Providing transfer rights to certain port district fire fighters.

    AN ACT Relating to port district fire fighters; adding a new section to chapter 53.08 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  The legislature recognizes that it passed comprehensive legislation in 1986 to provide protection to fire fighters who risk losing their jobs as a result of an annexation, incorporation, merger, or consolidation by a city, town, or fire protection district.  The legislation did not, however, grant these same protections to fire fighters who are employed by port districts.  It is the intent of the legislature that fire fighters who are employed by port districts should have the same transfer rights as other local government fire fighters in the event of an annexation, consolidation, merger, or incorporation by a city, town, or fire protection district.

NEW SECTION. Sec. 2.  A new section is added to chapter 53.08 RCW to read as follows:

    (1) When a port district provides its own fire protection services with port district employees, and port district property is included as part of an annexation, incorporation, consolidation, or merger by a city, town, or fire protection district, and fire protection services for this port district property will be furnished by the city, town, or fire protection district, an eligible employee may transfer employment to the city, town, or fire protection district in the same manner and under the same conditions that a fire fighter may transfer employment into a fire protection district pursuant to RCW 52.04.111, 52.04.121, and 52.04.131.

    (2) "Eligible employee" means an employee of the port district who (a) was at the time of the annexation, merger, consolidation, or incorporation employed exclusively or principally in performing the powers, duties, and functions which are to be performed by the fire department of the city, town, or fire protection district, (b) will, as a direct consequence of the annexation, merger, consolidation, or incorporation, be separated from the employ of the port district, and (c) can perform the duties and meet the minimum requirements of the position to be filled.

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