HOUSE BILL REPORT

                     ESHB 2305

                              As Passed House

                             February 12, 1992

Title:  An act relating to fire protection districts.

Brief Description:  Creating fire commissioner districts within merged fire protection districts.

Sponsor(s):  By House Committee on Local Government (originally sponsored by Representatives Haugen, Ferguson, Dorn, Horn, Bray and Rasmussen).

Brief History:

   Reported by House Committee on:

Local Government, January 22, 1992, DPS;

Passed House, February 12, 1992, 94-0.

HOUSE COMMITTEE ON

LOCAL GOVERNMENT

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 15 members:  Representatives Haugen, Chair; Cooper, Vice Chair; Ferguson, Ranking Minority Member; Mitchell, Assistant Ranking Minority Member; Bray; Edmondson; Franklin; Horn; Nealey; Nelson; Rayburn; Roland; Wood; Wynne; and Zellinsky.

Staff:  Steve Lundin (786-7127).

Background:  A fire protection district is governed by a board of commissioners consisting of either three or five members.  The commissioners are elected to staggered six-year terms of office on an at-large basis.

The laws for some other special districts permit or require the use of commissioner districts.  Some special districts, including fire protection districts, are not allowed to create commissioner districts.   Some special districts, such as sewer districts or water districts, may use commissioner districts.  Other special districts, such as public utility districts and most port districts, must use commissioner districts.

The purpose of commissioner districts varies among different special districts.  Many of the statutes are vague as to the specific purpose of commissioner districts. 

Some special districts use commissioner districts for only one purpose to restrict the residency of the commissioner from that commissioner district and voters throughout the entire special district vote at a primary to nominate candidates from a commissioner district and vote at the general election to elect the commissioner from a commissioner district.

Other special districts use commissioner districts for two purposes:  to both restrict the residency of the commissioners and to restrict who can vote at a primary to nominate two candidates for the commissioner position from each commissioner district; but voters throughout the entire special district vote at the general election to elect the commissioner from a commissioner district.

Finally, other special districts use commissioner districts for all three purposes:  to restrict the residency of commissioners, to restrict who can vote at a primary to nominate candidates for the commissioner position from a commissioner district, and to restrict who can vote at a general election to elect a commissioner.

Summary of Bill:  A fire protection district may create commissioner districts if voters of the district approve a ballot proposition authorizing commissioner districts and the resolution submitting the ballot proposition to the voters is adopted by a unanimous vote of the fire commissioners.

If authorized, the fire commissioners divide the fire protection district into either three or five commissioner districts each with approximately equal population, depending on whether the district has three or five commissioners.  A candidate for commissioner, and a commissioner, must reside in the commissioner district.  Voters must reside in a commissioner district to vote at a primary to nominate candidates from the commissioner district.  However, voters throughout the entire fire protection district may vote at a general election to elect a commissioner from a commissioner district.

Provision is made for the option of eventually using commissioner districts in a fire protection district that results from the merging of two or more fire protection districts.

Whenever two or more fire protection districts merge, the resulting district may chose to be identified by the number associated with any of the districts that merged.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This is permissive.

This change will encourage the merger of fire protection districts.  Frequently, it is desired that after the merger of fire protection districts, commissioner districts be created to ensure that a commissioner resides in each of the former fire protection districts that were merged.

Testimony Against:  None.

Witnesses:  Roger Ferris, Washington Fire Commissioners Association.