BILL REQ. #:  H-3851.2 

Prefiled 01/08/10. Read first time 01/11/10.   Referred to Committee on Local Government & Housing.

     AN ACT Relating to the disposition of existing voter-approved indebtedness at the time of annexation of a city, partial city, or town to a fire protection district; amending RCW 52.04.061 and 52.04.081; and declaring an emergency.

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

Sec. 1   RCW 52.04.061 and 2009 c 115 s 1 are each amended to read as follows:
     (1) A city or town lying adjacent to a fire protection district may be annexed to such district if at the time of the initiation of annexation the population of the city or town is 100,000 or less. The legislative authority of the city or town may initiate annexation by the adoption of an ordinance stating an intent to join the fire protection district specifying the conditions under RCW 52.04.081(3) of the annexation and finding that the public interest will be served thereby. If the board of fire commissioners of the fire protection district shall concur in the annexation and the specified conditions, notification thereof shall be transmitted to the legislative authority or authorities of the counties in which the city or town and the district are situated.
     (2) When a city or town is located in two counties, and at least eighty percent of the population resides in one county, all of that portion of the city lying in that county and encompassing eighty percent of the population may be annexed to a fire protection district if at the time of the initiation of annexation the proposed area lies adjacent to a fire protection district, and the population of the proposed area is greater than five thousand but less than ten thousand. The legislative authority of the city or town may initiate annexation by the adoption of an ordinance stating an intent to join the fire protection district and finding that the public interest will be served thereby. If the board of fire commissioners of the fire protection district shall concur in the annexation, notification thereof must be transmitted to the legislative authority or authorities of the counties in which the city or town and the district are situated.

Sec. 2   RCW 52.04.081 and 2009 c 115 s 3 are each amended to read as follows:
     (1) The annual tax levies authorized by chapter 52.16 RCW shall be imposed throughout the fire protection district, including any city, partial city as set forth in RCW 52.04.061(2), or town annexed thereto, except as provided in subsection (3) of this section.
     (2) Any city, partial city as set forth in RCW 52.04.061(2), or town annexed to a fire protection district is entitled to levy up to three dollars and sixty cents per thousand dollars of assessed valuation less any regular levy made by the fire protection district or by a library district under RCW 27.12.390 in the incorporated area: PROVIDED, That the limitations upon regular property taxes imposed by chapter 84.55 RCW apply.
     (3) If a city, partial city as set forth in RCW 52.04.061(2), or town annexing into a fire protection district has then outstanding voter-approved indebtedness incurred for fire protection related capital improvements, the annual tax levies authorized by RCW 52.16.080 with respect to indebtedness incurred by the fire protection district prior to the effective date of the annexation may continue to be levied and collected, in whole or in part, solely within the boundaries of the fire protection district as they existed on the last date preceding the annexation for establishment of taxing district boundaries under RCW 84.09.030 and within the areas outside of the city that are later annexed to the fire protection district. The commissioners of the fire protection district shall make the determination prior to transmitting the issue of annexation to the legislative authority or authorities of counties in which the city, partial city, or town and the district are situated pursuant to RCW 52.04.061(1). The determination by the commission is binding upon the district until the outstanding indebtedness is fully redeemed or defeased.

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.