BILL REQ. #:  H-4043.2 

Prefiled 01/05/10. Read first time 01/11/10.   Referred to Committee on Local Government & Housing.

     AN ACT Relating to firefighting services on areas outside a fire protection jurisdiction; and adding a new chapter to Title 52 RCW.

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

NEW SECTION.  Sec. 1   It is the intent of the legislature to facilitate the provision of firefighting services to areas outside a fire protection jurisdiction by: (1) Coordinating firefighting services; (2) enabling cost recovery by fire protection districts; and (3) clarifying that fire protection districts face no greater liability for providing firefighting services on areas outside a fire protection jurisdiction than within district boundaries.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "District" means a fire protection district organized under this title.
     (2) "Fire protection jurisdiction" means property located within a fire district, a city, a town, a port district, the territorial jurisdiction of an Indian tribe, or on federal lands.
     (3) "Firefighting services" means the provision of fire prevention services, fire suppression services, emergency medical services, and the protection of life and property.
     (4) "Fund" means the firefighting fund for unprotected lands.     
     (5) "Improved property" means property upon which a structure is located, but does not include roads, bridges, land devoted primarily to growing and harvesting timber, or land devoted primarily to the production of livestock or agricultural commodities for commercial purposes.
     (6) "Unprotected land" means improved property located outside a fire protection jurisdiction.

NEW SECTION.  Sec. 3   (1) The county assessor shall collect an annual unprotected lands firefighting assessment from owners of unprotected land for the purpose of creating a firefighting fund for unprotected lands. The county assessor shall establish the assessment rate at an amount that approximates the expected costs for providing fire protection services for unprotected lands within any one year, but in no case may the assessment be less than the amount of the tax that would be levied each year if the improved property were located in a fire protection district. Expenditures from the fund may be used only for the provision of firefighting services on unprotected lands and the costs incurred in the administration of the fund.
     (2) The assessment under subsection (1) of this section must be collected at the time, in the same manner, by the same procedure, and with the same penalties attached that general state and county taxes on the land are collected. Upon collection of the assessments, the county treasurer shall place fifty cents of the total unprotected lands firefighting assessment paid on a parcel into the county current expense fund to defray the costs of listing, billing, and collecting these assessments.

NEW SECTION.  Sec. 4   (1) Within two years of the effective date of this section, each county shall enter into an agreement with the fire protection districts located within the county to:
     (a) Assign responsibility to the districts for the provision of firefighting services on unprotected lands located within the county; and
     (b) Determine how the unprotected lands firefighting assessment moneys will be allocated to the districts.
     (2) The agreement entered into pursuant to subsection (1) of this section must assign responsibility for the provision of firefighting services for all unprotected lands within the county.
     (3) In determining the allocation of moneys under subsection (1)(b) of this section, the county and the fire protection districts may consider the size, location, nature, and accessibility of the unprotected lands and the size and nature of the improvement or improvements on the unprotected lands.
     (4) Failure to enter into the agreement required by subsection (1) of this section may result in the forfeiture of the unprotected lands firefighting assessments to the department of natural resources. The department of natural resources shall use any forfeited unprotected lands firefighting assessments in a manner consistent with funds collected under RCW 76.04.610.

NEW SECTION.  Sec. 5   (1) The board of fire commissioners of a fire protection district may extend the application of the policies of the district to the provision of firefighting services on unprotected lands.
     (2) If a district or its employees engage in firefighting services outside the boundaries of the district, the district and its employees are subject to no greater liability for acts or omissions in providing the firefighting services outside the boundaries of the district than if the firefighting services were provided within the boundaries of the district.

NEW SECTION.  Sec. 6   Sections 1 through 5 of this act constitute a new chapter in Title 52 RCW.