2708-S.E AMS GOS S4975.1
ESHB 2708 - S COMM AMD 
By Committee on Government Operations & Security
Strike everything after the enacting clause and insert the following:
NEW SECTION.  Sec. 1.  "A new section is added to chapter 52.02 RCW to read as follows:
(1) As an alternative to the petition method of formation for fire protection districts provided in this chapter, the legislative authority of a city or town, except as otherwise provided in (d) of this subsection, may by resolution, subject to the approval of the voters, establish a fire protection district with boundaries that are the same as the corporate boundaries of the city or town for the provision of fire prevention services, fire suppression services, and emergency medical services, and for the protection of life and property within the city or town.
(a) Any resolution adopted by a city or town under this section to establish a fire protection district must, at a minimum:
(i) Contain a financing plan for the fire protection district. As part of the financing plan, the city or town may propose the imposition of revenue sources authorized by this title for fire protection districts, such as property taxes, as provided in chapter 52.16 RCW, or benefit charges, as provided in chapter 52.18 RCW; and
(ii) Set a date for a public hearing on the resolution.
(b) The financing plan in the resolution adopted by the city or town must contain the following information regarding estimated property tax anticipated to be imposed by the fire protection district and city or town subsequent to the formation of the district:
(i) The estimated total levy of the fire protection district in the first year the fire protection district levies a property tax under RCW 52.16.130, 52.16.140, or 52.16.160; and
(ii) The estimated reduction in the city or town general fund property tax levy in the first year the fire protection district levies a property tax under RCW 52.16.130, 52.16.140, or 52.16.160.
(c) If a city or town proposes the initial imposition of a benefit charge as a revenue source for the fire protection district under (a) of this subsection, the resolution adopted by the city or town must comply with the requirements of RCW 52.18.030.
(d)(i) The fire protection district established by the city or town legislative authority must be:
(A) Coextensive with the corporate boundaries of the city or town; or
(B) If a municipal airport is located in whole or in part within the corporate boundaries of the city or town and the governing body of the municipal airport has not approved inclusion of the municipal airport within the fire protection district, coextensive with the corporate boundaries of the city or town excluding any area containing the municipal airport. The boundaries of the proposed fire protection district may include land on which the municipal airport is located only if inclusion in the district is approved by a majority of the governing body of the municipal airport.
(ii) For purposes of this subsection, "municipal airport" means an airport owned or operated by a municipality, as defined in RCW 14.08.010, other than the city or town, for which the municipality provides fire protection or contracts with any private body or political subdivision of the state to furnish fire protection.
(e)(i) The resolution may authorize the fire protection district to establish an ambulance service to be operated by the district or operated by contract after a call for bids. However, the fire protection district may not provide for the establishment of an ambulance service that would compete with any existing private ambulance service, unless the district determines that the area served by the district, or a substantial portion of the area served by the district, is not adequately served by an existing private ambulance service.
(ii) In determining the adequacy of an existing private ambulance service, the fire protection district must take into consideration objective, generally accepted medical standards and reasonable levels of service, which must be published by the district. If a fire protection district makes a preliminary conclusion that an existing private ambulance service is inadequate, the district must allow a minimum of sixty days for the private ambulance service to meet the generally accepted medical standards and accepted levels of service. If the fire protection district makes a second preliminary conclusion of inadequacy within a twenty-four month period, the district may immediately issue a call for bids or establish its own ambulance service and is not required to afford the private ambulance service another sixty-day period to meet the generally accepted medical standards and reasonable levels of service.
(iii) A private ambulance service that is not licensed by the department of health, or that has had its license denied, suspended, or revoked, is not entitled to a sixty-day period to demonstrate adequacy, and the district may immediately issue a call for bids or establish an ambulance service.
(f) Notice of public hearing on a resolution adopted by a city or town must be published for three consecutive weeks in a newspaper of general circulation in the city or town, and must be posted for at least fifteen days prior to the date of the hearing in three public places within the boundaries of the proposed fire protection district. All notices must contain the time, date, and place of the public hearing.
(2)(a) A resolution adopted under this section is not effective unless approved by the voters of the city or town at a general election. The resolution must be approved:
(i) By a simple majority of the voters of the city or town; or
(ii) If the resolution proposes the initial imposition of a benefit charge, by sixty percent of the voters of the city or town.
(b) An election to approve or reject a resolution forming a fire protection district, including the proposed financial plan and any imposition of revenue sources for the fire protection district, must be conducted by the election officials of the county or counties in which the proposed district is located in accordance with the general election laws of the state. The election must be held at the next general election date, according to RCW 29A.04.321 and 29A.04.330, occurring after the date of the public hearing on the resolution adopted by the city or town legislative authority. The ballot title must include the information regarding estimated property taxes in the financing plan of the resolution required under subsection (1)(b) of this section.
(c) If a ballot proposition on the resolution is approved by voters, as provided in (a) of this subsection, the county legislative authority shall by resolution declare the fire protection district organized under the name designated in the ballot proposition.
Sec. 2.  RCW 29A.36.071 and 2015 c 172 s 3 are each amended to read as follows:
(1) Except as provided to the contrary in RCW 82.14.036, 82.46.021, or 82.80.090, the ballot title of any referendum filed on an enactment or portion of an enactment of a local government and any other question submitted to the voters of a local government consists of three elements: (a) An identification of the enacting legislative body and a statement of the subject matter; (b) a concise description of the measure; and (c) a question. The ballot title must conform with the requirements and be displayed substantially as provided under RCW 29A.72.050, except that the concise description must not exceed seventy-five words; however, a concise description submitted on behalf of a proposed or existing regional transportation investment district or a proposed fire protection district, as provided in section 1 of this act, may exceed seventy-five words. If the local governmental unit is a city or a town, or if the ballot title is for a referendum under RCW 35.13A.115, the concise statement ((shall)) must be prepared by the city or town attorney. If the local governmental unit is a county, the concise statement ((shall)) must be prepared by the prosecuting attorney of the county. If the unit is a unit of local government other than a city, town, or county, the concise statement ((shall)) must be prepared by the prosecuting attorney of the county within which the majority area of the unit is located.
(2) A referendum measure on the enactment of a unit of local government ((shall)) must be advertised in the manner provided for nominees for elective office.
(3) Subsection (1) of this section does not apply if another provision of law specifies the ballot title for a specific type of ballot question or proposition.
NEW SECTION.  Sec. 3.  A new section is added to chapter 52.02 RCW to read as follows:
(1) Except as provided otherwise in the resolution adopted by the legislative authority of a city or town establishing a fire protection district under section 1 of this act, all powers, duties, and functions of the city or town fire department pertaining to fire protection and emergency services of the city or town are transferred to the fire protection district on its creation date.
(2)(a) The city or town fire department must transfer or deliver to the fire protection district:
(i) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the city or town fire department pertaining to fire protection and emergency services powers, functions, and duties;
(ii) All real property and personal property including cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the city or town fire department in carrying out the fire protection and emergency services powers, functions, and duties; and
(iii) All funds, credits, or other assets held by the city or town fire department in connection with fire protection and emergency services powers, functions, and duties.
(b) Any appropriations made to the city or town fire department for carrying out the fire protection and emergency services powers, functions, and duties of the city or town must be transferred and credited to the fire protection district.
(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred to the fire protection district, the legislative authority of the city or town must make a determination as to the proper allocation.
(3) All rules and all pending business before the city or town fire department pertaining to the fire protection and emergency services powers, functions, and duties transferred must be continued and acted upon by the fire protection district, and all existing contracts and obligations remain in full force and must be performed by the fire protection district.
(4) The transfer of powers, duties, functions, and personnel of the city or town fire department do not affect the validity of any act performed before creation of the fire protection district.
(5) If apportionments of budgeted funds are required because of the transfers, the treasurer for the city or town fire department must certify the apportionments.
(6)(a) Subject to (c) of this subsection, all employees of the city or town fire department are transferred to the fire protection district on its creation date. Upon transfer, unless an agreement for different terms of transfer is reached between the collective bargaining representatives of the transferring employees and the fire protection district, an employee is entitled to the employee rights, benefits, and privileges to which he or she would have been entitled as an employee of the city or town fire department, including rights to:
(i) Compensation at least equal to the level at the time of transfer;
(ii) Retirement, vacation, sick leave, and any other accrued benefit;
(iii) Promotion and service time accrual; and
(iv) The length or terms of probationary periods, including no requirement for an additional probationary period if one had been completed before the transfer date.
(b) If a city or town provides for civil service in its fire department, the collective bargaining representatives of the transferring employees and the fire protection district must negotiate regarding the establishment of a civil service system within the fire protection district.
(c) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified as provided by law.
NEW SECTION.  Sec. 4.  A new section is added to chapter 52.14 RCW to read as follows:
The members of the legislative authority of a city or town shall serve ex officio, by virtue of their office, as the fire commissioners of a fire protection district created under section 1 of this act.
Sec. 5.  RCW 52.14.010 and 2012 c 174 s 1 are each amended to read as follows:
(1) The affairs of the district shall be managed by a board of fire commissioners composed initially of three registered voters residing in the district, except as provided otherwise in RCW 52.14.015 ((and)), 52.14.020, and section 3 of this act.
(2)(a) Each member of an elected board of fire commissioners shall each receive one hundred four dollars per day or portion thereof, not to exceed nine thousand nine hundred eighty-four dollars per year, for time spent in actual attendance at official meetings of the board or in performance of other services or duties on behalf of the district. Members serving in an ex officio capacity on a board of fire commissioners may not receive compensation, but shall receive necessary expenses in accordance with (b) of this subsection.
((In addition, they)) (b) Each member of a board of fire commissioners shall receive necessary expenses incurred in attending meetings of the board or when otherwise engaged in district business, and shall be entitled to receive the same insurance available to all firefighters of the district: PROVIDED, That the premiums for such insurance, except liability insurance, shall be paid by the individual commissioners who elect to receive it.
(c) Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the secretary as provided in this section. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.
(3) The board shall fix the compensation to be paid the secretary and all other agents and employees of the district. The board may, by resolution adopted by unanimous vote, authorize any of its members to serve as volunteer firefighters without compensation. A commissioner actually serving as a volunteer firefighter may enjoy the rights and benefits of a volunteer firefighter.
(4) The dollar thresholds established in this section must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2008, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year's annual average consumer price index, for Washington state, for wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. If the bureau of labor and statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used for the adjustments for inflation in this section. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect.
(5) A person holding office as commissioner for two or more special purpose districts or serving ex officio as commissioner as a member of the legislative authority of a city or town shall receive only that per diem compensation authorized for one of his or her ((commissioner)) official positions as compensation for attending an official meeting or conducting official services or duties while representing more than one ((of his or her districts)) district or representing a municipality and a district. However, such commissioner may receive additional per diem compensation if approved by resolution of ((all)) the boards of ((the)) an affected commission((s)), city, or town.
Sec. 6.  RCW 52.14.020 and 2012 c 174 s 2 are each amended to read as follows:
(1) In a fire protection district ((maintaining)) with elected commissioners that maintains a fire department consisting wholly of personnel employed on a full-time, fully-paid basis, there shall be five fire commissioners. A fire protection district with an annual budget of ten million dollars or more may have seven fire commissioners.
(2)(a) If two positions are created on boards of fire commissioners by this section, such positions shall be filled initially as for a vacancy, except that the appointees shall draw lots, one appointee to serve until the next general fire district election after the appointment, at which two commissioners shall be elected for six-year terms, and the other appointee to serve until the second general fire district election after the appointment, at which two commissioners shall be elected for six-year terms.
(b) If four positions are created on boards of fire commissioners by this section, such positions shall be filled initially as for a vacancy, except that the appointees shall draw lots, three appointees to serve until the next general fire district election after the appointment, at which three commissioners shall be elected for six-year terms and two commissioners shall be elected for four-year terms, and the other appointee to serve until the second general fire district election after the appointment, at which two commissioners shall be elected for six-year terms.
NEW SECTION.  Sec. 7.  A new section is added to chapter 52.02 RCW to read as follows:
(1) If a city or town establishes a fire protection district with boundaries that are the same as the corporate boundaries of the city or town, the general fund levy of the city or town must not exceed three dollars and sixty cents per thousand dollars of assessed valueless:
(a) The applicable levy rate of any regular levy made in accordance with RCW 27.12.050, 27.12.150, and 27.12.420, if the city is annexed to a rural library district, island library district, or intercounty rural library district; and
(b) The aggregate levy rates of any regular levy made by the city or town fire protection district as authorized in RCW 52.16.130, 52.16.140, and 52.16.160.
(2) If a fire protection district established by the city or town joins a regional fire protection service authority under chapter 52.26 RCW, the general fund levy of the city or town must not exceed the rate authorized in RCW 84.52.043(1)(d) less:
(a) The applicable levy rate of any regular levy made in accordance with RCW 27.12.050, 27.12.150, and 27.12.420, if the city is annexed to a rural library district, island library district, or intercounty rural library district; and
(b) The aggregate levy rates of any regular levy made by the regional fire protection service authority as authorized in RCW 52.26.140(1).
Sec. 8.  RCW 41.16.060 and 1987 c 319 s 2 are each amended to read as follows:
(1) It shall be the duty of the legislative authority of each municipality, each year as a part of its annual tax levy, to levy and place in the fund a tax of twenty-two and one-half cents per thousand dollars of assessed value against all the taxable property of such municipality: PROVIDED, That if a report by a qualified actuary on the condition of the fund establishes that the whole or any part of said dollar rate is not necessary to maintain the actuarial soundness of the fund, the levy of said twenty-two and one-half cents per thousand dollars of assessed value may be omitted, or the whole or any part of said dollar rate may be levied and used for any other municipal purpose.
(2) It shall be the duty of the legislative authority of each municipality, each year as a part of its annual tax levy and in addition to the city levy limit set forth in RCW 84.52.043, to levy and place in the fund an additional tax of twenty-two and one-half cents per thousand dollars of assessed value against all taxable property of such municipality: PROVIDED, That if a report by a qualified actuary establishes that all or any part of the additional twenty-two and one-half cents per thousand dollars of assessed value levy is unnecessary to meet the estimated demands on the fund under this chapter for the ensuing budget year, the levy of said additional twenty-two and one-half cents per thousand dollars of assessed value may be omitted, or the whole or any part of such dollar rate may be levied and used for any other municipal purpose: PROVIDED FURTHER, That cities that have annexed to library districts according to RCW 27.12.360 through 27.12.395 ((and/or)), fire protection districts according to RCW 52.04.061 through 52.04.081, and/or formed a fire protection district in accordance with chapter 52.02 RCW shall not levy this additional tax to the extent that it causes the combined levies to exceed the statutory or constitutional limits.
(3) The amount of a levy under subsection (1) of this section allocated to the pension fund may be reduced in the same proportion as the regular property tax levy of the municipality is reduced by chapter 84.55 RCW."
ESHB 2708 - S COMM AMD 
By Committee on Government Operations & Security
On page 1, line 2 of the title, after "approval;" strike the remainder of the title and insert "amending RCW 29A.36.071, 52.14.010, 52.14.020, and 41.16.060; adding new sections to chapter 52.02 RCW; and adding a new section to chapter 52.14 RCW."
EFFECT: Levy Modifications. Allows the levy information included in the financing plan and the ballot title to be estimated. Eliminates the requirement that the financing plan contain an estimated aggregate net dollar amount impact on property owners. Eliminates the requirement that a city or town must reduce its general fund regular property tax levy by the total combined levy of the fire protection district. Removes limits on a city or town's banked levy capacity. Limits the general fund levy of a city or town that establishes a fire protection district to $3.60 per $1,000 of assessed value, less the aggregate levy rates of the fire protection district. Limits the general fund levy of a city or town with an established fire protection district, which later joins a regional fire protection service authority, to $3.37 and one-half cent per $1,000 of assessed value, less the aggregate levy rates of the regional fire protection service authority. These city and town levy amounts are to be further reduced by the applicable levy rates of a library district, if that city or town is annexed to a library district. Prohibits a city or town that has established a fire protection district from levying an additional firefighters pension fund levy if it causes combined levies to exceed statutory or constitutional limits.
Municipal Airport. Prohibits the inclusion of a municipal airport within a proposed fire protection district established by a city or town, unless the governing body of the airport agrees to the airport's inclusion.
Ambulance Service. Prohibits a fire protection district established by a city or town from establishing an ambulance service that would compete with an existing adequate ambulance service. Provides a process for determining if an ambulance service is adequate.
--- END ---