S-1660.1  _______________________________________________

 

                         SENATE BILL 5854

          _______________________________________________

 

State of Washington      55th Legislature     1997 Regular Session

 

By Senators Goings, McCaslin, Haugen, Winsley and Rasmussen

 

Read first time 02/17/97.  Referred to Committee on Government Operations.

Providing for voter approval of a permanent fire protection charge.


    AN ACT Relating to charges by fire protection districts; amending RCW 52.18.010, 52.18.020, 52.18.030, 52.18.040, 52.18.050, 52.18.060, 52.18.065, 52.18.070, and 52.18.080; adding a new section to chapter 52.18 RCW; and creating a new section.

 

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

 

    NEW SECTION.  Sec. 1.  The intent of this act is to provide fire protection districts with the authority to seek voter approval by supermajority vote of a permanent fire protection district charge, subject to termination by the board of fire commissioners or revocation by the voters.  If such a permanent fire protection district charge is approved by the voters, the district may not impose any special or property tax levies during the period in which the permanent fire protection district charge is in effect.

 

    Sec. 2.  RCW 52.18.010 and 1990 c 294 s 1 are each amended to read as follows:

    The board of fire commissioners of a fire protection district may by resolution, for fire protection district purposes authorized by law, fix and impose a ((benefit)) fire protection district charge on personal property and improvements to real property which are located within the fire protection district on the date specified and which have or will receive the benefits provided by the fire protection district, to be paid by the owners of the properties((:  PROVIDED, That)).  However, a ((benefit)) fire protection district charge shall not apply to personal property and improvements to real property owned or used by any recognized religious denomination or religious organization as, or including, a sanctuary or for purposes related to the bona fide religious ministries of the denomination or religious organization, including schools and educational facilities used for kindergarten, primary, or secondary educational purposes or for institutions of higher education and all grounds and buildings related thereto, but not including personal property and improvements to real property owned or used by any recognized religious denomination or religious organization for business operations, profit-making enterprises, or activities not including use of a sanctuary or related to kindergarten, primary, or secondary educational purposes or for institutions of higher education.  For fire protection district charges authorized for six or fewer years, the aggregate amount of such ((benefit)) fire protection district charges in any one year shall not exceed an amount equal to sixty percent of the operating budget for the year in which the ((benefit)) fire protection district charge is to be collected((:  PROVIDED, That)).  However, it shall be the duty of the county legislative authority or authorities of the county or counties in which the fire protection district is located to make any necessary adjustments to assure compliance with such limitation and to immediately notify the board of fire commissioners of any changes thereof.

    A ((benefit)) fire protection district charge imposed shall be reasonably proportioned to the measurable benefits to property resulting from the services afforded by the district.  It is acceptable to apportion the ((benefit))  fire protection district charge to the values of the properties as found by the county assessor or assessors modified generally in the proportion that fire insurance rates are reduced or entitled to be reduced as the result of providing the services.  Any other method that reasonably apportions the ((benefit)) fire protection district charges to the actual benefits resulting from the degree of protection, which may include but is not limited to the distance from regularly maintained fire protection equipment, the level of fire prevention services provided to the properties, or the need of the properties for specialized services, may be specified in the resolution and shall be subject to contest on the ground of unreasonable or capricious action or action in excess of the measurable benefits to the property resulting from services afforded by the district.  The board of fire commissioners may determine that certain properties or types or classes of properties are not receiving measurable benefits based on criteria they establish by resolution.  A ((benefit)) fire protection district charge authorized by this chapter shall not be applicable to ((the)) property that is subject to a contract for services with a fire protection district or to personal property or improvements to real property of any individual, corporation, partnership, firm, organization, or association maintaining a fire department and whose fire protection and training system has been accepted by a fire insurance underwriter maintaining a fire protection engineering and inspection service authorized by the state insurance commissioner to do business in this state((, but such property may be protected by the fire protection district under a contractual agreement)).  For the purposes of this chapter, the term "charge" means a fire protection district charge as authorized in this section.

 

    Sec. 3.  RCW 52.18.020 and 1990 c 294 s 2 are each amended to read as follows:

    The term "personal property" for the purposes of this chapter shall include every form of tangible personal property, including but not limited to, all goods, chattels, stock in trade, estates, or crops:  PROVIDED, That all personal property not assessed and subjected to ad valorem taxation under Title 84 RCW, all property under contract or for which the district is receiving payment for as authorized by RCW 52.30.020 and all property subject to the provisions of chapter 54.28 RCW, or all property that is subject to a contract for services with a fire protection district, shall be exempt from the ((benefit)) fire protection district charge imposed under this chapter((:  PROVIDED FURTHER, That)).  However, the term "personal property" shall not include any personal property used for farming, field crops, farm equipment, or livestock((:  AND PROVIDED FURTHER, That)).  Further, the term "improvements to real property" shall not include permanent growing crops, field improvements installed for the purpose of aiding the growth of permanent crops, or other field improvements normally not subject to damage by fire.

 

    Sec. 4.  RCW 52.18.030 and 1990 c 294 s 3 are each amended to read as follows:

    The resolution establishing ((benefit)) fire protection district charges as specified in RCW 52.18.010 shall specify, by legal geographical areas or other specific designations, the charge to apply to each property by location, type, or other designation, or other information that is necessary to the proper computation of the ((benefit)) fire protection district charge to be charged to each property owner subject to the resolution.  The county assessor of each county in which the district is located shall determine and identify the personal properties and improvements to real property which are subject to a ((benefit)) fire protection district charge in each fire protection district and shall furnish and deliver to the county treasurer of that county a listing of the properties with information describing the location, legal description, and address of the person to whom the statement of ((benefit)) fire protection district charges is to be mailed, the name of the owner, and the value of the property and improvements, together with the ((benefit)) fire protection district charge to apply to each.  These ((benefit)) fire protection district charges shall be certified to the county treasurer for collection in the same manner that is used for the collection of fire protection charges for forest lands protected by the department of natural resources under RCW 76.04.610 and the same penalties and provisions for collection shall apply.

 

    Sec. 5.  RCW 52.18.040 and 1990 c 294 s 4 are each amended to read as follows:

    Each fire protection district shall contract, prior to the imposition of a ((benefit)) fire protection district charge, for the administration and collection of the ((benefit)) fire protection district charge by each county treasurer, who shall deduct a percent, as provided by contract to reimburse the county for expenses incurred by the county assessor and county treasurer in the administration of the resolution and this chapter.  The county treasurer shall make distributions ((each year)) at least quarterly, as the charges are collected, in the amount of the ((benefit)) fire protection district charges imposed on behalf of each district, less the deduction provided for in the contract.

 

    Sec. 6.  RCW 52.18.050 and 1990 c 294 s 5 are each amended to read as follows:

    (1) Any ((benefit)) fire protection district charge authorized by this chapter shall not be effective unless a proposition to impose the ((benefit)) fire protection district charge is approved by a sixty percent majority of the voters of the district voting at a general election or at a special election called by the district for that purpose, held within the fire protection district.  An election held pursuant to this section shall be held not more than twelve months prior to the date on which the first such charge is to be assessed((:  PROVIDED, That)).  However, a ((benefit)) fire protection district charge approved at an election shall not remain in effect for a period of more than six years nor more than the number of years authorized by the voters if fewer than six years unless subsequently reapproved by the voters.  Further, a district in which an existing fire protection district charge is in effect may submit a proposition to make the charge permanent, subject to revocation as provided in section 7 of this act and elimination of the property tax levy authority as provided in RCW 52.18.065.

    (2) The ballot for a proposition requesting authorization to impose the charge for six or fewer years shall be submitted so as to enable the voters favoring the authorization of a fire protection district ((benefit)) charge to vote "Yes" and those opposed thereto to vote "No," and the ballot shall be:

 

"Shall . . . . . . county fire protection district No. . . . . be authorized to impose ((benefit)) fire protection district charges each year for . . . . (insert number of years not to exceed six) years, not to exceed an amount equal to sixty percent of its operating budget, and be prohibited from imposing an additional property tax under RCW 52.16.160?

                      YES                 NO

                        G                 G"

 

    (3) The ballot submitting a proposition to authorize the charge permanently shall be submitted so as to enable the voters favoring the authorization of a fire protection district charge to vote "Yes" and those opposed thereto to vote "No" and the ballot shall be:

 

"Shall . . . . . . county fire protection district No. . . . be authorized to impose charges permanently subject to revocation or termination, and be prohibited from imposing property taxes under RCW 52.16.080, 52.16.130, 52.16.140, 52.16.160, and 84.52.069?

                      YES                 NO

                        G                 G"

 

    (4) The total annual charges imposed by a district receiving authorization to impose a permanent fire protection district charge under subsection (3) of this section shall not exceed an amount derived by multiplying the total assessed valuation of the real property within the district by the rate of three dollars and thirty cents per one thousand dollars of assessed valuation.

 

    NEW SECTION.  Sec. 7.  A new section is added to chapter 52.18 RCW to read as follows:

    (1) The board of fire commissioners of a district authorized to impose a fire protection district charge permanently under RCW 52.18.050(3) may decide to terminate the permanent charge if the decision is made at least twelve months prior to the date on which the charges will terminate.

    (2) In the event the board is presented with a petition containing verified signatures of ten percent or more of the registered voters of the district calling for revocation of the district's authority to impose a fire protection district charge, the board shall submit a resolution to the county legislative authority or authorities of the county or counties in which the district is located requesting that an election be held.  Upon receipt of the resolution, the legislative authority or authorities of the county or counties shall call a special election to be held within the fire protection district at which the following proposition shall be submitted to the voters substantially as follows:

 

"Shall . . . . . . county fire protection district No. . . . be required to discontinue the charge authorized under RCW  52.18.050(3) and be authorized to reimpose property taxes authorized under RCW 52.16.080, 52.16.130, 52.16.140, 52.16.160, and 84.52.069?

                      YES                 NO

                        G                 G"

 

If the fire protection district is located in more than a single county, this proposition shall indicate the name of the district.

    (3) If the board terminates the permanent fire protection district charge authorization or the authorization is revoked by a majority approval at an election held under subsection (2) of this section, the authority to impose the fire protection district charge shall be revoked in the next calendar year, and thereafter the board may seek approval of a fire protection district charge under RCW 52.18.050(2) and may impose property taxes authorized under RCW 52.16.080, 52.16.130, 52.16.140, 52.16.160, and 84.52.069.

 

    Sec. 8.  RCW 52.18.060 and 1990 c 294 s 6 are each amended to read as follows:

    (1) Not less than ten days nor more than six months before the election at which the proposition to impose the ((benefit)) fire protection district charge is submitted as provided in this chapter, the board of fire commissioners of the district shall hold a public hearing specifically setting forth its proposal to impose ((benefit)) fire protection district charges for the support of its legally authorized activities which will maintain or improve the services afforded in the district.  A report of the public hearing shall be filed with the county treasurer of each county in which the property is located and be available for public inspection.

    (2) Prior to November 15 of each year the board of fire commissioners shall hold a public hearing to review and establish the fire protection district ((benefit)) charges for the subsequent year.

    All resolutions imposing or changing the ((benefit)) fire protection district charges shall be filed with the county treasurer or treasurers of each county in which the property is located, together with the record of each public hearing, before November 30 immediately preceding the year in which the ((benefit)) fire protection district charges are to be collected on behalf of the district.

    After the ((benefit)) fire protection district charges have been established, the owners of the property subject to the charge shall be notified of the amount of the charge.

 

    Sec. 9.  RCW 52.18.065 and 1990 c 294 s 7 are each amended to read as follows:

    (1) A fire protection district that imposes a ((benefit)) charge for a period of six years or less under this chapter shall not impose all or part of the property tax authorized under RCW 52.16.160.

    (2) A fire protection district that imposes a permanent charge under this chapter shall not impose all or part of the property taxes authorized under RCW 52.16.080, 52.16.130, 52.16.140, 52.16.160, and 84.52.069.

 

    Sec. 10.  RCW 52.18.070 and 1990 c 294 s 8 are each amended to read as follows:

    After notice has been given to the property owners of the amount of the charge, the board of fire commissioners of a fire protection district imposing a ((benefit)) charge under this chapter shall form a review board for at least a two-week period and shall, upon complaint in writing of a party aggrieved owning property in the district, reduce the charge of a person who, in their opinion, has been charged too large a sum, to a sum or amount as they believe to be the true, fair, and just amount.

 

    Sec. 11.  RCW 52.18.080 and 1990 c 294 s 9 are each amended to read as follows:

    The Washington fire commissioners association, as soon as practicable, shall draft a model resolution to impose the fire protection district ((benefit)) charge authorized by this chapter and may provide assistance to fire protection districts in the establishment of a program to develop ((benefit)) fire protection district charges.

 


                            --- END ---