BILL REQ. #:  H-0438.3 

Read first time 01/17/11.   Referred to Committee on Local Government.

     AN ACT Relating to regional public safety authorities; amending RCW 57.90.010, 84.09.030, 84.52.010, and 84.52.052; adding a new section to chapter 84.52 RCW; and adding a new chapter to Title 35 RCW.

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

NEW SECTION.  Sec. 1   FINDINGS. The legislature finds that:
     (1) The ability to respond to emergency situations by many of Washington state's police and sheriff jurisdictions has not kept up with the state's needs, particularly in urban regions;
     (2) Providing a public safety system requires a shared partnership and responsibility among the federal, state, local, and regional governments and the private sector;
     (3) There are efficiencies to be gained by regional public safety service delivery while retaining local control; and
     (4) Timely development of significant projects can best be achieved through enhanced funding options for regional public safety service agencies, using already existing taxing authority to address police service needs and new authority to address critical police projects and services.

NEW SECTION.  Sec. 2   DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Board" means the governing body of a regional public safety authority.
     (2) "Regional public safety authority" or "authority" means a municipal corporation, an independent taxing authority within the meaning of Article VII, section 1 of the state Constitution, and a taxing district within the meaning of Article VII, section 2 of the state Constitution, that has been created by a vote of the people under this chapter to implement a regional public safety authority plan. The district may include more than one city, town, port district, or Indian tribe, if the legislative authority of each participating jurisdiction has agreed to the inclusion as provided in an interlocal agreement adopted pursuant to chapter 39.34 RCW.
     (3) "Regional public safety authority planning committee" or "planning committee" means the advisory committee created under section 3 of this act to create and propose to jurisdictions a regional public safety authority plan to design, finance, and develop police service projects.
     (4) "Regional public safety authority plan" or "plan" means a plan to develop and finance a public safety authority project or projects, including, but not limited to, specific capital projects, police service operations pursuant to section 4(3)(b) of this act, and preservation and maintenance of existing or future facilities.
     (5) "Public safety jurisdiction" means a city, town, port district, or Indian tribe.
     (6) "Regular property taxes" has the same meaning as in RCW 84.04.140.

NEW SECTION.  Sec. 3   PLANNING COMMITTEE--FORMATION--POWERS. Regional public safety authority planning committees are advisory entities that are created, convened, and empowered as follows:
     (1) Any two or more adjacent public safety jurisdictions, or any single jurisdiction wishing to create such a public safety authority, may create a regional public safety authority and convene a regional public safety authority planning committee. No public safety jurisdiction may participate in more than one authority.
     (2) Each governing body of the public safety jurisdictions participating in planning under this chapter shall appoint three elected officials to the authority planning committee. In the case where a single agency wishes to create a public safety authority, the entire council, board, or other policy-making body shall serve as the planning authority. Individuals participating in planning under this chapter may be reimbursed for travel and incidental expenses at the discretion of their respective governing body.
     (3) The planning committee shall conduct its affairs and formulate a regional public safety authority plan as provided under section 4 of this act.
     (4) At its first meeting, a regional public safety authority planning committee may elect officers and provide for the adoption of rules and other operating procedures.
     (5) The planning committee may dissolve itself at any time by a majority vote of the total membership of the planning committee. Any participating public safety jurisdiction may withdraw upon thirty calendar days' written notice to the other jurisdictions.

NEW SECTION.  Sec. 4   PLANNING COMMITTEE--FORMULATION OF SERVICE PLAN. (1) A regional public safety authority planning committee shall adopt a regional public safety authority plan providing for the design, financing, and development of police services. The planning committee may consider the following factors in formulating its plan:
     (a) Land use planning criteria; and
     (b) The input of cities and counties located within, or partially within, a participating public safety jurisdiction.
     (2) The planning committee may coordinate its activities with neighboring cities, towns, and other local governments that engage in public safety planning.
     (3) The planning committee shall:
     (a) Create opportunities for public input in the development of the plan;
     (b) Adopt a plan proposing the creation of a regional public safety authority and recommending design, financing, and development of police service facilities and operations, including maintenance and preservation of facilities or systems; and
     (c) In the plan, recommend sources of revenue authorized by section 5 of this act, identify the portions of the plan that may be amended by the board of the authority without voter approval, consistent with section 5 of this act, and recommend a financing plan to fund selected police services and projects.
     (4) Once adopted, the plan must be forwarded to the participating public safety jurisdictions' governing bodies to initiate the election process under section 6 of this act.
     (5) If the ballot measure is not approved, the planning committee may redefine the selected regional public safety authority projects, financing plan, and the ballot measure. The public safety jurisdictions' governing bodies may approve the new plan and ballot measure, and may then submit the revised proposition to the voters at a subsequent election or a special election. If a ballot measure is not approved by the voters by the third vote, the planning committee is dissolved.

NEW SECTION.  Sec. 5   SERVICE PLAN--TAXES AND BENEFIT CHARGES. (1) A regional public safety authority planning committee may, as part of a regional public safety authority plan, recommend the imposition of some or all of the following revenue sources, which a regional public safety authority may impose upon approval of the voters as provided in this chapter:
     (a) Benefit charges under sections 16 through 25 of this act;
     (b) Property taxes under sections 13 through 15 of this act and RCW 84.52.044, 84.09.030, 84.52.010, 84.52.052, and 84.52.069; or
     (c) Both (a) and (b) of this subsection.
     (2) The authority may impose taxes and benefit charges as set forth in the regional public safety authority plan upon creation of the authority, or as provided for in this chapter after creation of the authority. If the plan authorizes the authority to impose benefit charges or sixty percent voter approved taxes, the plan and creation of the authority must be approved by an affirmative vote of sixty percent of the voters within the boundaries of the authority voting on a ballot proposition as set forth in section 6 of this act. However, if the plan provides for alternative sources of revenue that become effective if the plan and creation of the authority is approved only by a majority vote, then the plan with alternative sources of revenue and creation of the authority may be approved by an affirmative vote of the majority of those voters. If the plan does not authorize the authority to impose benefit charges or sixty percent voter approved taxes, the plan and creation of the authority must be approved by an affirmative vote of the majority of the voters within the boundaries of the authority voting on a ballot proposition as set forth in section 6 of this act. Except as provided in this section, all other voter approval requirements under law for the levying of property taxes or the imposition of benefit charges apply. Revenues from these taxes and benefit charges may be used only to implement the plan as set forth in this chapter.

NEW SECTION.  Sec. 6   SERVICE PLAN--SUBMISSION TO VOTERS. The governing body or bodies of one or more public safety jurisdictions, upon receipt of the regional public safety authority plan under section 4 of this act, may certify the plan to the ballot, including identification of the revenue options specified to fund the plan. The governing bodies of the public safety jurisdictions may draft a ballot title, give notice as required by law for ballot measures, and perform other duties as required to put the plan before the voters of the proposed authority for their approval or rejection as a single ballot measure that both approves formation of the authority and approves the plan. Authorities may negotiate interlocal agreements necessary to implement the plan. The electorate is the voters voting within the boundaries of the proposed regional public safety authority. A simple majority of the total persons voting on the single ballot measure to approve the plan and establish the authority is required for approval. However, if the plan authorizes the authority to impose benefit charges or sixty percent voter approved taxes, then the percentage of total persons voting on the single ballot measure to approve the plan and establish the authority is the same as in section 5 of this act. The authority must act in accordance with the general election laws of the state. The authority is liable for its proportionate share of the costs when the elections are held under RCW 29A.04.321 and 29A.04.330.

NEW SECTION.  Sec. 7   PUBLIC SAFETY AUTHORITY--FORMATION--CHALLENGES. If the voters approve the plan, including creation of a regional public safety authority and imposition of taxes and benefit charges, if any, the authority is formed on the next January 1st or July 1st, whichever occurs first. The appropriate county election officials shall, within fifteen days of the final certification of the election results, publish a notice in a newspaper or newspapers of general circulation in the authority declaring the authority formed. A party challenging the procedure or the formation of a voter-approved authority must file the challenge in writing by serving the prosecuting attorney of each county within, or partially within, the regional public safety authority and the attorney general within thirty days after the final certification of the election. Failure to challenge within that time forever bars further challenge of the authority's valid formation.

NEW SECTION.  Sec. 8   ORGANIZATION AND COMPOSITION OF GOVERNING BOARD. (1) The board shall adopt rules for the conduct of business. The board shall adopt bylaws to govern authority affairs, which may include:
     (a) The time and place of regular meetings;
     (b) Rules for calling special meetings;
     (c) The method of keeping records of proceedings and official acts;
     (d) Procedures for the safekeeping and disbursement of funds; and
     (e) Any other provisions the board finds necessary to include.
     (2) The governing board shall be determined by the plan and consist solely of elected officials.

NEW SECTION.  Sec. 9   POWERS OF GOVERNING BOARD. The governing board of the authority is responsible for the execution of the voter-approved plan. Participating jurisdictions shall review the plan every ten years. The board may:
     (1) Levy taxes and impose benefit charges as authorized in the plan and approved by authority voters;
     (2) Enter into agreements with federal, state, local, and regional entities and departments as necessary to accomplish authority purposes and protect the authority's investments;
     (3) Accept gifts, grants, or other contributions of funds that will support the purposes and programs of the authority;
     (4) Monitor and audit the progress and execution of police service projects to protect the investment of the public and annually make public its findings;
     (5) Pay for services and enter into leases and contracts, including professional service contracts;
     (6) Hire, manage, and terminate employees; and
     (7) Exercise powers and perform duties as the board determines necessary to carry out the purposes, functions, and projects of the authority in accordance with this chapter, unless provided otherwise in the regional public safety authority plan.

NEW SECTION.  Sec. 10   TRANSFER OF RESPONSIBILITIES AND EMPLOYEES TO AUTHORITY--CIVIL SERVICE SYSTEM. (1) Except as otherwise provided in the regional public safety authority plan, all powers, duties, and functions of a participating jurisdiction pertaining to police services shall be transferred to the regional public safety authority on its creation date.
     (2)(a) Except as otherwise provided in the regional public safety authority plan, and on the creation date of the regional public safety authority, all reports, documents, surveys, books, records, files, papers, or written material in the possession of the participating jurisdiction pertaining to police services powers, functions, and duties shall be delivered to the regional public safety authority; all real property and personal property including cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the participating jurisdiction in carrying out the police services powers, functions, and duties shall be transferred to the regional public safety authority; and all funds, credits, or other assets held by the participating jurisdiction in connection with the police services powers, functions, and duties shall be transferred and credited to the regional public safety authority.
     (b) Except as otherwise provided in the regional public safety authority plan, any appropriations made to the participating jurisdiction for carrying out the police services powers, functions, and duties shall be transferred and credited to the regional public safety authority.
     (c) Except as otherwise provided in the regional public safety authority plan, whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the governing body of the participating jurisdiction shall make a determination as to the proper allocation.
     (3) Except as otherwise provided in the regional public safety authority plan, all rules and all pending business before the participating jurisdiction pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the regional public safety authority, and all existing contracts and obligations shall remain in full force and shall be performed by the regional public safety authority.
     (4) The transfer of the powers, duties, functions, and personnel of the participating jurisdiction shall not affect the validity of any act performed before creation of the regional public safety authority.
     (5) If apportionments of budgeted funds are required because of the transfers, the treasurer for the authority shall certify the apportionments.
     (6)(a) Subject to (c) of this subsection, all police employees of the participating jurisdiction are transferred to the jurisdiction of the regional public safety authority on its creation date. Upon transfer, unless an agreement for different terms of transfer is reached between the collective bargaining representatives of the transferring employees and the participating jurisdiction, an employee is entitled to the employee rights, benefits, and privileges to which he or she would have been entitled as an employee of a participating jurisdiction, including rights to:
     (i) Compensation at least equal to the level at the time of transfer;
     (ii) Retirement, vacation, sick leave, and any other accrued benefit;
     (iii) Promotion and service time accrual; and
     (iv) The length or terms of probationary periods, including no requirement for an additional probationary period if one had been completed before the transfer date.
     (b) If any or all of the participating jurisdictions provide for civil service in their police departments, the collective bargaining representatives of the transferring employees and the participating jurisdictions must negotiate regarding the establishment of a civil service system within the authority. This subsection does not apply if none of the participating jurisdictions provide for civil service.
     (c) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified as provided by law.
     (7) This section does not apply to a public safety jurisdiction with regard to police services it provides to a participating jurisdiction by contract or interlocal agreement.

NEW SECTION.  Sec. 11   WITHDRAWAL, REANNEXATION OF TERRITORY. (1) As provided in this section, a regional public safety authority may withdraw areas from its boundaries or reannex into the authority areas that previously had been withdrawn from the authority under this section.
     (2)(a) The withdrawal of an area is authorized upon: (i) Adoption of a resolution by the board approving the withdrawal and finding that, in the opinion of the board, inclusion of this area within the regional public safety authority will result in a reduction of the authority's tax levy rate under the provisions of RCW 84.52.010; or (ii) adoption of a resolution by the city or town council approving the withdrawal, if the area is located within the city or town, or adoption of a resolution by the governing body of the jurisdiction within which the area is located approving the withdrawal, if the area is located outside of a city or town.
     (b) A withdrawal under this section is effective at the end of the day on the thirty-first day of December in the year in which the resolution under (a)(i) or (ii) of this subsection is adopted, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the resolution.
     (c) The withdrawal of an area from the boundaries of an authority does not exempt any property therein from taxation for the purpose of paying the costs of redeeming any indebtedness of the authority existing at the time of withdrawal.
     (3)(a) An area that has been withdrawn from the boundaries of a regional public safety authority under this section may be reannexed into the authority upon: (i) Adoption of a resolution by the board proposing the reannexation; and (ii) adoption of a resolution by the city or town council approving the reannexation, if the area is located within the city or town, or adoption of a resolution by the governing body of the jurisdiction within which the area is located approving the reannexation, if the area is located outside of a city or town.
     (b) A reannexation under this section shall be effective at the end of the day on the thirty-first day of December in the year in which the adoption of the resolution under (a)(ii) of this subsection occurs, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the resolution.
     (c)(i) Referendum action on the proposed reannexation under this section may be taken by the voters of the area proposed to be reannexed if a petition calling for a referendum is filed with the city or town council within a thirty-day period after the adoption of the resolution under (a)(ii) of this subsection, which petition has been signed by registered voters of the area proposed to be reannexed equal in number to ten percent of the total number of the registered voters residing in that area.
     (ii) If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions shall be held in abeyance and a ballot proposition to authorize the reannexation shall be submitted to the voters of the area at the next special election date specified in RCW 29A.04.330 that occurs forty-five or more days after the petitions have been validated. Approval of the ballot proposition authorizing the reannexation by a simple majority vote shall authorize the reannexation.

NEW SECTION.  Sec. 12   DEBT--INTERLOCAL CONTRACTS--GENERAL OBLIGATION BONDS. (1) An authority may incur general indebtedness for authority purposes, issue bonds, notes, or other evidences of indebtedness not to exceed an amount, together with any outstanding nonvoter approved general obligation debt, equal to three-fourths of one percent of the value of the taxable property within the authority. The maximum term of the obligations may not exceed thirty years. The obligations may pledge benefit charges and may pledge payments to an authority from the state, the federal government, or any public safety jurisdiction under an interlocal contract. The interlocal contracts pledging revenues and taxes are binding for a term not to exceed thirty years, and taxes or other revenue pledged by an interlocal contract may not be eliminated or modified if it would impair the pledge of the contract.
     (2) An authority may also issue general obligation bonds for capital purposes not to exceed an amount, together with any outstanding general obligation debt, equal to one and one-half percent of the value of the taxable property within the authority. The authority may provide for the retirement of the bonds by excess property tax levies. The voters of the authority must approve a proposition authorizing the bonds and levies by an affirmative vote of three-fifths of those voting on the proposition at an election. At the election, the total number of persons voting must constitute not less than forty percent of the voters in the authority who voted at the last preceding general state election. The maximum term of the bonds may not exceed twenty-five years. Elections shall be held as provided in RCW 39.36.050.
     (3) Obligations of an authority shall be issued and sold in accordance with chapters 39.46 and 39.50 RCW, as applicable.

NEW SECTION.  Sec. 13   LEVY OF TAXES--LEVIES AUTHORIZED BY SPECIAL ELECTION--INDEBTEDNESS--DEFINITION. (1) To carry out the purposes for which a regional public safety authority is created, as authorized in the plan and approved by the voters, the governing board of an authority may annually levy the following taxes:
     (a) An ad valorem tax on all taxable property located within the authority not to exceed fifty cents per thousand dollars of assessed value;
     (b) An ad valorem tax on all property located within the authority not to exceed fifty cents per thousand dollars of assessed value and which will not cause the combined levies to exceed the constitutional or statutory limitations. This levy, or any portion of this levy, may also be made when dollar rates of other taxing units are released by agreement with the other taxing units from their authorized levies; and
     (c) An ad valorem tax on all taxable property located within the authority not to exceed fifty cents per thousand dollars of assessed value if the authority has at least one full-time, paid employee, or contracts with another municipal corporation for the services of at least one full-time, paid employee. This levy may be made only if it will not affect dollar rates which other taxing districts may lawfully claim nor cause the combined levies to exceed the constitutional or statutory limitations or both.
     (2) Levies in excess of the amounts provided in subsection (1) of this section or in excess of the aggregate dollar rate limitations or both may be made for any authority purpose when so authorized at a special election under RCW 84.52.052. Any such tax when levied must be certified to the proper county officials for the collection of the tax as for other general taxes. The taxes when collected shall be placed in the appropriate authority fund or funds as provided by law, and must be paid out on warrants of the auditor of the county in which all, or the largest portion of, the authority is located, upon authorization of the governing board of the authority.
     (3) Authorities may provide for the retirement of general indebtedness by excess property tax levies as set forth in section 12 of this act.
     (4) For purposes of this chapter, the term "value of the taxable property" has the same meaning as in RCW 39.36.015.

NEW SECTION.  Sec. 14   LEVY OF TAXES--TO BE MADE BY COUNTY OR COUNTIES WHERE AUTHORITY IS LOCATED. At the time of making general tax levies in each year, the county legislative authority or authorities of the county or counties in which a regional public safety authority is located shall make the required levies for authority purposes against the real and personal property in the authority in accordance with the equalized valuations of the property for general tax purposes and as a part of the general taxes. The tax levies are part of the general tax roll and must be collected as a part of the general taxes against the property in the authority.

NEW SECTION.  Sec. 15   COLLECTION OF TAXES. It is the duty of the county treasurer of the county in which the regional public safety authority created under this chapter is located to collect taxes authorized and levied under this chapter. However, when a regional public safety authority is located in more than one county, the county treasurer of each county in which the authority is located shall collect the regional public safety authority's taxes that are imposed on property located within the county and transfer these funds to the treasurer of the county in which the majority of the authority lies.

NEW SECTION.  Sec. 16   BENEFIT CHARGES. (1) The governing board of a regional public safety authority may by resolution, as authorized in the plan and approved by the voters, for authority purposes authorized by law, fix and impose a benefit charge on personal property and improvements to real property which are located within the authority on the date specified and which have received or will receive the benefits provided by the authority, to be paid by the owners of the properties. A benefit charge does 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. However, a benefit charge does apply to 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. The aggregate amount of these benefit charges in any one year may not exceed an amount equal to sixty percent of the operating budget for the year in which the benefit charge is to be collected. It is the duty of the county legislative authority or authorities of the county or counties in which the regional public safety authority is located to make any necessary adjustments to assure compliance with this limitation and to immediately notify the governing board of an authority of any changes thereof.
     (2) A benefit charge imposed must be reasonably proportioned to the measurable benefits to property resulting from the services afforded by the authority. It is acceptable to apportion the benefit charge to the values of the properties as found by the county assessor. Any other method that reasonably apportions the benefit charges to the actual benefits resulting from the degree of protection or the need of the properties for specialized services, may be specified in the resolution and is subject to contest on the grounds of unreasonable or capricious action or action in excess of the measurable benefits to the property resulting from services afforded by the authority. The governing board of an authority may determine that certain properties or types or classes of properties are not receiving measurable benefits based on criteria they establish by resolution.
     (3) For administrative purposes, the benefit charge imposed on any individual property may be compiled into a single charge, provided that the authority, upon request of the property owner, provide an itemized list of charges for each measurable benefit included in the charge.
     (4) For the purposes of this section and sections 17 through 25 of this act, the following definitions apply:
     (a) "Personal property" includes every form of tangible personal property including, but not limited to, all goods, chattels, stock in trade, estates, or crops.
     (b) "Personal property" does not include any personal property used for farming, field crops, farm equipment, or livestock.

NEW SECTION.  Sec. 17   BENEFIT CHARGES--EXEMPTIONS. All personal property not assessed and subjected to ad valorem taxation under Title 84 RCW, all property under contract or for which the regional public safety authority is receiving payment for as authorized by law, all property subject to chapter 54.28 RCW, and all property that is subject to a contract for services with an authority, is exempt from the benefit charge imposed under this chapter.

NEW SECTION.  Sec. 18   BENEFIT CHARGES--RESOLUTION--COUNTY ASSESSOR'S DUTIES. (1) The resolution establishing benefit charges as specified in section 16 of this act must 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 charge to be charged to each property owner subject to the resolution.
     (2) The county assessor of each county in which the regional public safety authority is located shall determine and identify the personal properties and improvements to real property that are subject to a benefit charge in each authority 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 charges is to be mailed, the name of the owner, and the value of the property and improvements, together with the benefit charge to apply to each.

NEW SECTION.  Sec. 19   BENEFIT CHARGES--ADMINISTRATION AND COLLECTION BY COUNTY TREASURER. Each regional public safety authority shall contract, prior to the imposition of a benefit charge, for the administration and collection of the benefit charge by each county treasurer, who shall deduct a percentage, 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, as the charges are collected, in the amount of the benefit charges imposed on behalf of each authority, less the deduction provided for in the contract.

NEW SECTION.  Sec. 20   BENEFIT CHARGES--SUBMISSION TO VOTERS--RENEWAL. (1) Notwithstanding any other provision in this chapter to the contrary, any benefit charge authorized by this chapter is not effective unless a proposition to impose the benefit charge is approved by a sixty percent majority of the voters of the regional public safety authority voting at a general election or at a special election called by the authority for that purpose, held within the authority. A ballot measure that contains an authorization to impose benefit charges and that is approved by the voters pursuant to section 6 of this act meets the proposition approval requirement of this section. An election held under this section must be held not more than twelve months prior to the date on which the first charge is to be assessed. A benefit charge approved at an election expires in ten years or fewer as authorized by the voters, unless subsequently reapproved by the voters.
     (2) The ballot must be submitted so as to enable the voters favoring the authorization of a regional public safety authority benefit charge to vote "Yes" and those opposed to vote "No." The ballot question is as follows:

"Shall . . . . . . the regional public safety authority composed of (insert the participating jurisdictions) . . . . . be authorized to impose benefit charges each year for . . . . (insert number of years not to exceed ten) years, not to exceed an amount equal to sixty percent of its operating budget, and be prohibited from imposing an additional property tax under section 13(1)(c) of this act?

"Shall . . . . . the regional public safety authority composed of (insert the participating jurisdictions) . . . . . . be authorized to continue voter-authorized benefit charges each year for . . . . (insert number of years not to exceed ten) years, not to exceed an amount equal to sixty percent of its operating budget, and be prohibited from imposing an additional property tax under section 13(1)(c) of this act?

NEW SECTION.  Sec. 21   BENEFIT CHARGES--ESTABLISHMENT--PUBLIC HEARINGS--NOTICE TO PROPERTY OWNERS. (1) Not fewer than ten days nor more than six months before the election at which the proposition to impose the benefit charge is submitted as provided in this chapter, the governing board of the regional public safety authority shall hold a public hearing specifically setting forth its proposal to impose benefit charges for the support of its legally authorized activities that will maintain or improve the services afforded in the authority. 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 15th of each year the governing board of the authority shall hold a public hearing to review and establish the regional public safety authority benefit charges for the subsequent year.
     (3) All resolutions imposing or changing the benefit charges must 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 30th immediately preceding the year in which the benefit charges are to be collected on behalf of the authority.
     (4) After the benefit charges have been established, the owners of the property subject to the charge must be notified of the amount of the charge.

NEW SECTION.  Sec. 22   BENEFIT CHARGES--LIMITATION ON IMPOSITION OF PROPERTY TAX. A regional public safety authority that imposes a benefit charge under this chapter shall not impose all or part of the property tax authorized under section 13(1)(c) of this act.

NEW SECTION.  Sec. 23   BENEFIT CHARGES--COMPLAINTS--REVIEW BOARD. After notice has been given to the property owners of the amount of the charge, the governing board of a regional public safety authority 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 an aggrieved party owning property in the authority, 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.

NEW SECTION.  Sec. 24   BENEFIT CHARGES--MODEL RESOLUTION--ASSISTANCE BY WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS. The Washington association of sheriffs and police chiefs, as soon as practicable, shall draft a model resolution to impose the regional public safety authority benefit charge authorized by this chapter and may provide assistance to authorities in the establishment of a program to develop benefit charges.

NEW SECTION.  Sec. 25   BENEFIT CHARGES--ADDITIONAL EXEMPTION. A person who is receiving the exemption contained in RCW 84.36.381 through 84.36.389 is exempt from any legal obligation to pay a portion of the benefit charge imposed under this chapter as follows:
     (1) A person who meets the income limitation contained in RCW 84.36.381(5)(a) and does not meet the income limitation contained in RCW 84.36.381(5)(b) (i) or (ii) is exempt from twenty-five percent of the charge;
     (2) A person who meets the income limitation contained in RCW 84.36.381(5)(b)(i) is exempt from fifty percent of the charge; and
     (3) A person who meets the income limitation contained in RCW 84.36.381(5)(b)(ii) shall be exempt from seventy-five percent of the charge.

NEW SECTION.  Sec. 26   CIVIL SERVICE--WHEN AUTHORIZED OR REQUIRED. (1) Subject to subsection (2) of this section, a regional public safety authority may, by resolution of its board, provide for civil service for its employees in the same manner, with the same powers, and with the same force and effect as provided by chapter 41.08 RCW for cities, towns, and municipalities, including restrictions against the discharge of an employee because of residence outside the limits of the regional public safety authority.
     (2) If an agreement is reached to provide for civil service under section 10(6) of this act, the regional public safety authority shall establish such a system as is required by the agreement.

NEW SECTION.  Sec. 27   ANNEXATION OF TERRITORY. Territory that is annexed to a participating jurisdiction is annexed to the authority as of the effective date of the annexation. The statutes regarding transfer of assets and employees do not apply to the participating jurisdictions in the annexation.

Sec. 28   RCW 57.90.010 and 2004 c 129 s 13 are each amended to read as follows:
     Water-sewer, park and recreation, metropolitan park, county rural library, cemetery, flood control, mosquito control, diking and drainage, irrigation or reclamation, weed, health, or fire protection districts, and any air pollution control authority ((or)), regional fire protection service authority, or regional public safety authority, hereinafter referred to as "special districts," which are located wholly or in part within a county with a population of two hundred ten thousand or more may be disincorporated when the district has not actively carried out any of the special purposes or functions for which it was formed within the preceding consecutive five-year period.

Sec. 29   RCW 84.09.030 and 2008 c 86 s 501 are each amended to read as follows:
     (1)(a) Except as provided in (b) of this subsection (1), for the purposes of property taxation and the levy of property taxes, the boundaries of counties, cities, and all other taxing districts shall be the established official boundaries of such districts existing on the first day of August of the year in which the property tax levy is made.
     (b) The boundaries for a newly incorporated port district ((or)), regional fire protection service authority, or regional public safety authority shall be established on the first day of October if the boundaries of the newly incorporated port district ((or)), regional fire protection service authority, or regional public safety authority are coterminous with the boundaries of another taxing district or districts, as they existed on the first day of August of that year.
     (2) In any case where any instrument setting forth the official boundaries of any newly established taxing district, or setting forth any change in the boundaries, is required by law to be filed in the office of the county auditor or other county official, the instrument shall be filed in triplicate. The officer with whom the instrument is filed shall transmit two copies of the instrument to the county assessor.
     (3) No property tax levy shall be made for any taxing district whose boundaries are not established as of the dates provided in this section.

Sec. 30   RCW 84.52.010 and 2009 c 551 s 7 are each amended to read as follows:
     Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts.
     The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively.
     When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner:
     (1) The full certified rates of tax levy for state, county, county road district, and city or town purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy shall take precedence over all other levies and shall not be reduced for any purpose other than that required by RCW 84.55.010. If, as a result of the levies imposed under RCW 36.54.130, 84.34.230, 84.52.069, 84.52.105, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120, 84.52.125, 84.52.135, and 84.52.140, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one percent of the true and fair value of any property, then these levies shall be reduced as follows:
     (a) The levy imposed by a county under RCW 84.52.140 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated;
     (b) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the portion of the levy by a fire protection district that is protected under RCW 84.52.125 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated;
     (c) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the levy imposed by a county under RCW 84.52.135 must be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or must be eliminated;
     (d) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the levy imposed by a ferry district under RCW 36.54.130 must be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or must be eliminated;
     (e) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the portion of the levy by a metropolitan park district that is protected under RCW 84.52.120 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated;
     (f) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levies imposed under RCW 84.34.230, 84.52.105, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value, shall be reduced on a pro rata basis until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; and
     (g) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the thirty cents per thousand dollars of assessed value of tax levy imposed under RCW 84.52.069 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or eliminated.
     (2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations:
     (a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, 35.95A.100, and 67.38.130 shall be reduced on a pro rata basis or eliminated;
     (b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated;
     (c) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, regional fire protection service authorities, regional public safety authorities, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts, and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a pro rata basis or eliminated;
     (d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts created on or after January 1, 2002, shall be reduced on a pro rata basis or eliminated;
     (e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and 52.16.160 ((and)), regional fire protection service authorities under RCW 52.26.140(1) (b) and (c), and regional public safety authorities under section 13(1) (b) and (c) of this act shall be reduced on a pro rata basis or eliminated; and
     (f) Sixth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130, regional fire protection service authorities under RCW 52.26.140(1)(a), regional public safety authorities under section 13(1)(a) of this act, library districts, metropolitan park districts created before January 1, 2002, under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated.

NEW SECTION.  Sec. 31   A new section is added to chapter 84.52 RCW to read as follows:
     (1) If a city or town is a participating public safety jurisdiction in a regional public safety authority, the regular levies of the city or town shall not exceed the applicable rates provided in RCW 27.12.390, 52.04.081, and 84.52.043(1) less the aggregate rates of any regular levies made by the authority under RCW 52.26.140(1).
     (2) If a port district is a participating public safety jurisdiction in a regional public safety authority, the regular levy of the port district under RCW 53.36.020 shall not exceed forty-five cents per thousand dollars of assessed value of taxable property in the district less the aggregate rates of any regular levies imposed by the authority under RCW 52.26.140(1).
     (3) For purposes of this section, "participating public safety jurisdiction" means a city, town, Indian tribe, or port district that is represented on the governing board of a regional public safety authority.

Sec. 32   RCW 84.52.052 and 2004 c 129 s 22 are each amended to read as follows:
     The limitations imposed by RCW 84.52.050 through 84.52.056, and RCW 84.52.043 shall not prevent the levy of additional taxes by any taxing district, except school districts and fire protection districts, in which a larger levy is necessary in order to prevent the impairment of the obligation of contracts. As used in this section, the term "taxing district" means any county, metropolitan park district, park and recreation service area, park and recreation district, water-sewer district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, rural partial-county library district, intercounty rural library district, cemetery district, city, town, transportation benefit district, emergency medical service district with a population density of less than one thousand per square mile, cultural arts, stadium, and convention district, ferry district, city transportation authority, ((or)) regional fire protection service authority, or regional public safety authority.
     Any such taxing district may levy taxes at a rate in excess of the rate specified in RCW 84.52.050 through 84.52.056 and 84.52.043, or 84.55.010 through 84.55.050, when authorized so to do by the voters of such taxing district in the manner set forth in Article VII, section 2(a) of the Constitution of this state at a special or general election to be held in the year in which the levy is made.
     A special election may be called and the time therefor fixed by the county legislative authority, or council, board of commissioners, or other governing body of any such taxing district, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no."

NEW SECTION.  Sec. 33   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 34   Sections 1 through 27 of this act constitute a new chapter in Title 35 RCW.