BILL REQ. #:  S-1217.1 

Read first time 02/10/11.   Referred to Committee on Government Operations, Tribal Relations & Elections.

     AN ACT Relating to fire protection district commissioners; and amending RCW 52.14.010, 52.14.020, 52.14.013, 52.14.015, and 52.14.017.

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

Sec. 1   RCW 52.14.010 and 2007 c 469 s 2 are each amended to read as follows:
     The affairs of the district shall be managed by a board of fire commissioners composed initially of three registered voters residing in the district except as provided in RCW 52.14.015 and 52.14.020. Each member shall each receive ((ninety)) one hundred four dollars per day or portion thereof, not to exceed ((eight)) nine thousand ((six)) nine hundred ((forty)) dollars per year, for time spent in actual attendance at official meetings of the board or in performance of other services or duties on behalf of the district.
     In addition, they shall receive necessary expenses incurred in attending meetings of the board or when otherwise engaged in district business, and shall be entitled to receive the same insurance available to all firefighters of the district: PROVIDED, That the premiums for such insurance, except liability insurance, shall be paid by the individual commissioners who elect to receive it.
     Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the secretary as provided in this section. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.
     The board shall fix the compensation to be paid the secretary and all other agents and employees of the district. The board may, by resolution adopted by unanimous vote, authorize any of its members to serve as volunteer firefighters without compensation. A commissioner actually serving as a volunteer firefighter may enjoy the rights and benefits of a volunteer firefighter.
     ((The dollar thresholds established in this section must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2008, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year's annual average consumer price index, for Washington state, for wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. If the bureau of labor and statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used for the adjustments for inflation in this section. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect.))
     A person holding office as commissioner for two or more special purpose districts shall receive only that per diem compensation authorized for one of his or her commissioner positions as compensation for attending an official meeting or conducting official services or duties while representing more than one of his or her districts. However, such commissioner may receive additional per diem compensation if approved by resolution of all boards of the affected commissions.

Sec. 2   RCW 52.14.020 and 1984 c 230 s 29 are each amended to read as follows:
     (1) In a fire protection district maintaining a fire department consisting wholly of personnel employed on a full-time, fully-paid basis, there shall be five fire commissioners. A fire protection district with an annual budget of ten million dollars or more may have seven fire commissioners. ((The))
     (2)(a) If two positions are created on boards of fire commissioners by this section, such positions shall be filled initially as for a vacancy, except that the appointees shall draw lots, one appointee to serve until the next general fire district election after the appointment, at which two commissioners shall be elected for six-year terms, and the other appointee to serve until the second general fire district election after the appointment, at which two commissioners shall be elected for six-year terms.
     (b) If four positions are created on boards of fire commissioners by this section, such positions shall be filled initially as for a vacancy, except that the appointees shall draw lots, three appointees to serve until the next general fire district election after the appointment, at which three commissioners shall be elected for six-year terms and two commissioners shall be elected for four-year terms, and the other appointee to serve until the second general fire district election after the appointment, at which two commissioners shall be elected for six-year terms.

Sec. 3   RCW 52.14.013 and 1994 c 223 s 49 are each amended to read as follows:
     The board of fire commissioners of a fire protection district may adopt a resolution by unanimous vote causing a ballot proposition to be submitted to voters of the district authorizing the creation of commissioner districts. The board of fire commissioners shall create commissioner districts if the ballot proposition authorizing the creation of commissioner districts is approved by a simple majority vote of the voters of the fire protection district voting on the proposition. Three commissioner districts shall be created for a fire protection district with three commissioners, ((and)) five commissioner districts shall be created for a fire protection district with five commissioners, and seven commissioner districts shall be created for a fire protection district with seven commissioners. No two commissioners may reside in the same commissioner district.
     No change in the boundaries of any commissioner district shall be made within one hundred twenty days next before the date of a general district election, nor within twenty months after the commissioner districts have been established or altered. However, if a boundary change results in one commissioner district being represented by two or more commissioners, those commissioners having the shortest unexpired terms shall be assigned by the commission to commissioner districts where there is a vacancy, and the commissioners so assigned shall be deemed to be residents of the commissioner districts to which they are assigned for purposes of determining whether those positions are vacant.
     The population of each commissioner district shall include approximately equal population. Commissioner districts shall be redrawn as provided in chapter ((29.70)) 29A.76 RCW. Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or serve as, a commissioner of the commissioner district; and (2) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire fire protection district may vote at a general election to elect a person as a commissioner of the commissioner district.
     When a board of fire commissioners that has commissioner districts has been increased to five or seven members under RCW 52.14.015, the board of fire commissioners shall divide the fire protection district into five or seven commissioner districts before it appoints the two or four additional fire commissioners. The two or four additional fire commissioners who are appointed shall reside in separate commissioner districts in which no other fire commissioner resides.

Sec. 4   RCW 52.14.015 and 1994 c 223 s 50 are each amended to read as follows:
     In the event a three member board of commissioners of any fire protection district determines by resolution that it would be in the best interest of the district to increase the number of commissioners from three to five or seven, or in the event the board is presented with a petition signed by ten percent of the registered voters resident within the district who voted in the last general municipal election calling for such an increase in the number of commissioners of the district, the board shall submit a resolution to the county legislative authority or authorities of the county or counties in which the district is located requesting that an election be held. Upon receipt of the resolution, the legislative authority or authorities of the county or counties shall call a special election to be held within the fire protection district at which election the following proposition shall be submitted to the voters substantially as follows:

     Shall the board of commissioners of . . . . . county fire protection district no. . . . . . be increased from three members to five (or seven) members?

                              Yes . . . . .
                              No . . . . . .

     If the fire protection district is located in more than a single county, this proposition shall indicate the name of the district.
     If the proposition receives a majority approval at the election, the board of commissioners of the fire protection district shall be increased to five or seven members. The two or four additional members shall be appointed in the same manner as provided in RCW 52.14.020.

Sec. 5   RCW 52.14.017 and 1997 c 43 s 1 are each amended to read as follows:
     Except as provided in RCW 52.14.020, in the event a five-member or seven-member board of commissioners of any fire protection district determines by resolution that it would be in the best interest of the fire protection district to decrease the number of commissioners from five to three or from seven to five, or in the event the board is presented with a petition signed by ten percent of the registered voters resident within the district who voted in the last general municipal election calling for such a decrease in the number of commissioners of the district, the board shall submit a resolution to the county legislative authority or authorities of the county or counties in which the district is located requesting that an election be held. Upon receipt of the resolution, the legislative authority or authorities of the county or counties shall call a special election to be held within the fire protection district at which election the following proposition shall be submitted to the voters substantially as follows:

     Shall the board of commissioners of . . . . . . county fire protection district no. . . . be decreased from five (seven) members to three (five) members?

                         Yes . . .
                         No . . .

     If the fire protection district has commissioner districts, the commissioners of the district must pass a resolution, before the submission of the proposition to the voters, to either redistrict from five or seven commissioner districts to three or five commissioner districts or eliminate the commissioner districts. The resolution takes effect upon approval of the proposition by the voters.
     If the fire protection district is located in more than a single county, this proposition shall indicate the name of the district.
     If the proposition receives a majority approval at the election, the board of commissioners of the fire protection district shall be decreased to five or three members. The two members shall be decreased in accordance with RCW 52.06.085.