BILL REQ. #:  H-0459.1 

Read first time 02/03/2005.   Referred to Committee on Local Government.

     AN ACT Relating to ambulance services operated by cities and towns; amending RCW 35.21.766 and 35.21.768; and declaring an emergency.

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

Sec. 1   RCW 35.21.766 and 2004 c 129 s 34 are each amended to read as follows:
     (1) Whenever a regional fire protection service authority ((or the legislative authority of any city or town)) determines that the fire protection jurisdictions that are members of the authority ((or the city or town or a substantial portion of the city or town is)) are not adequately served by existing private ambulance service, the governing board of the authority may by resolution((, or the legislative authority of the city or town may by appropriate legislation,)) provide for the establishment of a system of ambulance service to be operated by the authority as a public utility of the city or town, or operated by contract after a call for bids.
     (2) The legislative authority of any city or town may establish an ambulance service as defined by RCW 18.73.030. However, the legislative authority of the city or town shall not provide for the establishment of an ambulance service that would compete with any existing private ambulance service, unless the legislative authority of the city or town determines that the city or town, or a substantial portion of the city or town, is not adequately served by an existing private ambulance service, and the existing private ambulance service cannot be encouraged to expand its service by contract entered into between the parties. In determining the adequacy of an existing private ambulance service, the legislative authority of the city or town, shall request the department of health to determine whether the existing private ambulance service is meeting existing objective service standards, as set forth by the department of health in law, or any rules adopted thereunder. If the department of health determines that the existing private ambulance service is routinely failing to meet department of health standards, the legislative authority of the city or town may, by appropriate legislation, provide for the establishment of ambulance service to be operated by the authority of the city or town, or operated by contract after a call for bids.
     (3) The legislative authority of the city or town may, by appropriate legislation, adopt procedures to set and collect reasonable fees for an ambulance service established under subsection 2 of this section; however, such fees shall be set in accordance with subsection (4) of this section.
     (4)(a) The legislative authority of the city or town is authorized to set rates and collect charges for ambulance service costs which may include costs necessary to: Purchase and maintain ambulance equipment; operate, maintain, and construct ambulance system facilities; and provide adequate ambulance service staffing. Any capital costs shall be allocated and charged in accordance with generally accepted accounting principles so that such costs are annualized based on customary depreciation schedules.
     (b) Beginning on the effective date of this act, the rate charged for ambulance services, under (a) of this subsection, shall be:
     (i) Uniform so that each physical property address located within the geographic boundaries of the city or town, not otherwise exempt from such charge by the legislative authority of the city or town, or which the city or town is prohibited from taxing under the constitution or laws of this state or of the United States, are billed the same amount for ambulance services regardless of actual use of the service; or
     (ii) Billed to the individual using the ambulance service.
     (5) Ambulance rates charged pursuant to this section shall not constitute taxes or charges provided for under RCW 82.02.050 through 82.02.090, 35.21.768, or charges otherwise prohibited by law.

Sec. 2   RCW 35.21.768 and 1975 1st ex.s. c 24 s 2 are each amended to read as follows:
     The legislative authority of any city or town is authorized to adopt ordinances ((for the levy and collection of excise taxes and/or)) for the imposition of ((an additional)) a tax for the act or privilege of engaging in the ambulance business. Such business and occupation tax shall be imposed in such amounts as fixed and determined by the legislative authority.
     ((The excise taxes other than the business and occupation tax authorized by this section shall be levied and collected from all persons, businesses, and industries who are served and billed for said ambulance service owned and operated or contracted for by the city or town in such amounts as shall be fixed and determined by the legislative authority of the city or town.))
     All taxes authorized pursuant to this section shall be construed to be taxes other than a retail sales tax defined in chapter 82.08 RCW and a use tax defined in chapter 82.12 RCW, and the city or town shall appropriate and use the proceeds derived from all taxes authorized by this section only for the operation, maintenance and capital needs of its municipally owned, operated, leased or contracted for ambulance service.

NEW SECTION.  Sec. 3   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.