HOUSE BILL REPORT

SB 5426

As Passed House:

April 7, 2009

Title: An act relating to authorizing certain areas in cities or towns with a population greater than five thousand but less than ten thousand to annex to a fire protection district.

Brief Description: Authorizing certain areas in cities or towns to annex to a fire protection district.

Sponsors: Senators Kastama, Berkey and Fairley.

Brief History:

Committee Activity:

Local Government & Housing: 3/23/09 [DP].

Floor Activity

Passed House: 4/7/09, 98-0.

Majority Report: Do pass. Signed by 10 members: Representatives Simpson, Chair; Nelson, Vice Chair; Angel, Ranking Minority Member; Cox, Assistant Ranking Minority Member; Miloscia, Short, Springer, Upthegrove, White and Williams.

Staff: Thamas Osborn (786-7129)

Background:

Overview of Fire Protection Districts.

Fire protection districts (districts) are created to provide fire prevention, fire suppression, and emergency medical services within a district's boundaries. Districts are governed by a board of commissioners consisting of either three or five members. The districts finance their activities and facilities by imposing regular property taxes, excess voter-approved property tax levies, and benefit charges. Generally, districts serve residents outside of cities or towns, except when cities and towns have been annexed into a district or when the district continues to provide service to a newly incorporated area.

Annexation of a City by a Fire Protection District.

A city or town adjacent to a district may be annexed to such a district provided the population of the city or town does not exceed 100,000. Such annexation is initiated through the adoption of an ordinance by the legislative authority of the city or town approving annexation into the district and stating a finding that the public interest is served by such annexation. The annexation must then be authorized through the concurrence of the district's board of fire commissioners. Following such approval of the annexation, notification must be sent to the governing body of the county or counties in which both the district and city/town are located. The pertinent county legislative authorities must then call a special election in the city or town to be annexed, as well as the district, so as to allow the voters in each jurisdiction to determine the annexation issue. The annexation is complete if a majority of voters in each jurisdiction vote in favor of annexation.

In accordance with specified limitations, both the district and the city are authorized to levy taxes related to district fire protection services.

After the passage of three years following a district's annexation of a city, the city has the option of withdrawing from the district. Such withdrawal requires that the legislative body of the city approve a resolution proposing the withdrawal which is then submitted for voter approval at the next general election.

An employee of the annexed city's fire department is entitled to continued employment with the district following annexation, provided:

• at the time of annexation the city employee was principally employed in performing the same powers, duties, and functions as those required by the district; and

• the employee meets minimum position requirements and is capable of performing his or her duties as required by the district.

Subject to specified requirements and conditions, eligible fire department employees of the annexed city who become employees of the district may transfer into the district's civil service system.

Summary of Bill:

A district is authorized to annex part of a city or town that is located in two counties (partial city annexation). Such annexation must meet specified substantive and procedural requirements. The substantive requirements are as follows:

• the part of the city to be annexed must be adjacent to the boundaries of the district;

• the population of the proposed annexation area must be greater than 5,000 but less than 10,000;

• that portion of the city to be annexed must lie entirely within only one of the two counties; and

• that portion of the city to be annexed must contain at least 80 percent of the population of the entire city.

The procedural requirements for the completion of a partial city annexation are the same as for the annexation of an entire city, including the approval of the governing bodies of the city and the district, as well as voter approval.

The bill creates regulatory provisions pertaining to a partial city annexation that are identical to those applicable to a district following the annexation of an entire city. Such provisions include those pertaining to:

• taxation;

• methods for a partial city to withdraw from a district; and

• the employment rights of fire department personnel working within the partially annexed city.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) The Legislature needs to pass this bill in order to assist the City of Milton. Milton has unique fire protection and emergency services problems due to the fact that it straddles two counties. The problems pertain to taxation issues resulting from the city being subject to the jurisdiction of two counties with differing tax levy authority with respect to fire and emergency services. This bill would allow the adjacent fire protection district to annex part of the city which, in turn, would eliminate the fire protection and taxation issues the city is currently facing. In addition, this bill would provide desirable options for any city that has territory in more than one county.

(Opposed) None.

Persons Testifying: Dave Williams, Association of Washington Cities.

Persons Signed In To Testify But Not Testifying: None.