H-625                _______________________________________________

 

                                                    HOUSE BILL NO. 168

                        _______________________________________________

 

State of Washington                              50th Legislature                              1987 Regular Session

 

By Representatives Madsen, Brough, Haugen, May, Unsoeld, Sayan, Grant, Nutley, L. Smith, Ferguson, Holm, Todd, Belcher, Basich, Hargrove, Spanel, Leonard, Cooper and Hine

 

 

Read first time 1/20/87 and referred to Committee on Local Government.

 

 


AN ACT Relating to fire protection districts; amending RCW 52.18.010, 52.18.020, 52.18.030, 52.18.040, 52.18.060, 52.18.070, and 52.18.080; and repealing RCW 52.16.130, 52.16.140, 52.16.160, 52.16.170, and 52.18.050.

 

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

 

        Sec. 1.  Section 1, chapter 126, Laws of 1974 ex. sess. as amended by section 122, chapter 7, Laws of 1985 and RCW 52.18.010 are each amended to read as follows:

          The board of fire commissioners of ((any)) a fire protection district ((created pursuant to chapter 52.02 RCW)) may by resolution, for fire protection district purposes authorized by law, fix and impose a service charge ((upon)) on personal property and improvements to real property((,)) which are located within the fire protection district on the date specified and which have or will receive the benefit of fire protection provided by the fire protection district, to be paid by the owners of ((such)) the properties((:  PROVIDED, That such service charge shall not apply to personal property and improvements to real property owned or used by any recognized religious denomination for purposes  related to the religious works of such denomination, including schools and educational facilities and all grounds and buildings related thereto or to personal property and improvements to real property owned or used by public or private schools or institutions of higher education)).  The aggregate amount of ((such)) the service charges in ((any one)) a year shall not exceed an amount equal to ((sixty percent of the operating budget for the year in which the service charge is to be collected:  PROVIDED, That it shall be the duty of the county legislative authority to make any necessary adjustments to assure compliance with such limitation and to immediately notify the board of fire commissioners of any changes thereof)) a property tax imposed at a rate of one dollar per thousand dollars of assessed valuation on taxable property within the district.

          ((Any such)) A service charge imposed shall be reasonably proportioned to the measurable ((financial)) benefits to property resulting from the ((fire protection)) services afforded by the district.  If the fire protection district performs services in addition to fire suppression services, the service charge shall be apportioned between fire suppression and other services.  It ((shall be deemed)) is acceptable to ((proportion)) relate all or a portion of the service charge to the values of the properties as found by the county assessor modified generally in the proportion that fire insurance rates are reduced or entitled to be reduced as the result of providing ((such fire)) the services.  Any other method or methods that reasonably ((apportions)) relate the service charges to the actual ((financial)) benefits resulting from the degree of protection, ((such as)) which may include but is not limited to the distance from regularly maintained fire protection equipment, the level of fire prevention services provided to the properties, or the need of the properties for specialized services, may be specified in the resolution and shall be subject to contest ((only)) on the ground of unreasonable or capricious action or action in excess of the measurable benefits to the property resulting from services afforded by the district:  PROVIDED, That ((any such method shall be in accordance with the fire defense rating of the district as ratified by the state insurance commissioner:  PROVIDED FURTHER, That no)) any portion of a service charge authorized by ((the provisions of)) this chapter that is used to finance fire suppression activities shall not be applicable to the personal property or improvements to real property of any individual, corporation, partnership, firm, organization, or association maintaining ((his or its own)) a fire department and whose fire protection and training system has been accepted by a fire insurance underwriter, maintaining a fire protection engineering and inspection service authorized by the state insurance commissioner to do business in this state, as providing an equivalent or higher level of fire protection as would be provided by the fire protection district.

 

        Sec. 2.  Section 2, chapter 126, Laws of 1974 ex. sess. as amended by section 123, chapter 7, Laws of 1985 and RCW 52.18.020 are each amended to read as follows:

          The term "personal property" for the purposes of this chapter shall ((be held and construed to embrace and)) include every form ((and manner)) of tangible personal property, including but not limited to, all goods, chattels, stock in trade, or estates((, or crops:  PROVIDED, That there shall be exempt from the  service charge imposed pursuant to the provisions of this chapter all personal property not assessed and subjected to ad valorem taxation by the county assessor pursuant to the provisions of Title 84 RCW, and all property subject to the provisions of RCW 52.30.020:  PROVIDED, That the term "personal property")), but shall not include any personal property used for farming, including field crops, farm equipment, livestock, or other tangible personal ((farm)) property not ordinarily housed or stored within a building structure((:  PROVIDED FURTHER, That the term "improvements to real property" shall not include permanent growing crops, field improvements installed for the purpose of aiding the growth of permanent crops, or other field improvements normally not subject to damage by fire)).

 

        Sec. 3.  Section 3, chapter 126, Laws of 1974 ex. sess. as amended by section 53, chapter 100, Laws of 1986 and RCW 52.18.030 are each amended to read as follows:

          The resolution establishing service charges as specified in RCW 52.18.010((,)) shall specify, by legal geographical areas or other specific designations, the ((rate)) charge to apply to each property by location or other designation, ((and such)) or other information ((as)) that is ((deemed)) necessary to the proper computation of the service charge to be charged to each property owner subject to the resolution.  The county assessor shall determine and identify the personal properties and improvements to real property which are subject to a service charge in each fire protection district and shall furnish and deliver to the county treasurer a listing of ((such)) the properties with information describing the location, legal description, and address of the person to whom the statement of service charges is to be mailed, the name of the owner, and the value of the property and improvements, together with the service charge to apply to each.  These service charges ((levied hereunder)) shall be certified to the county treasurer for collection in the same manner that is used for the collection of fire protection charges for forest lands protected by the department of natural resources ((as prescribed by)) under RCW 76.04.610 and the same penalties and provisions for collection shall apply.

 

        Sec. 4.  Section 4, chapter 126, Laws of 1974 ex. sess. and RCW 52.18.040 are each amended to read as follows:

          Each fire protection district shall contract, prior to the effective date of a resolution imposing a service charge, for the administration and collection of ((such)) the service charge((s)) by the county treasurer, who shall deduct a ((percentage amount)) percent, as provided by contract ((as reimbursement of)), to reimburse the county for expenses incurred by the county assessor and county treasurer in the administration of ((the provisions of)) the resolution and this chapter.  The county treasurer shall make distributions each year, as the charges are collected, in the amount of the service charges imposed on behalf of each district, less the deduction provided for in the contract.

 

        Sec. 5.  Section 6, chapter 126, Laws of 1974 ex. sess. and RCW 52.18.060 are each amended to read as follows:

          (((1) Not less than ten days nor more than six months before the election at which the proposition to impose the service charge is submitted as provided in this chapter, the board of fire commissioners of the district shall hold a public hearing specifically setting forth its proposal to impose service charges for  the support of its legally authorized activities which will substantially improve the fire protection afforded in the district.  A report of the public hearing shall be filed with the county treasurer and be available for public inspection.

          (2))) Prior to October 15 of each year the board of fire commissioners shall hold a public hearing to review and establish the fire protection district service charges for the subsequent year.

          All resolutions imposing or changing ((such)) the service charges shall be filed with the county treasurer, together with the record of each public hearing, before October 31 immediately preceding the year in which the service charges are to be collected on behalf of the district.

 

        Sec. 6.  Section 7, chapter 126, Laws of 1974 ex. sess. and RCW 52.18.070 are each amended to read as follows:

          From the fifteenth to the thirtieth day of November of each year, the board of fire commissioners of ((any)) a fire protection district imposing a service charge ((pursuant to the provisions of)) under this chapter shall form a review board and shall, upon complaint in writing of ((any)) a party aggrieved owning property in ((such)) the district, reduce the charge of ((such)) a person who, in their opinion, has been charged too large a sum, to ((such)) a sum or amount as they believe to be the true, fair, and just amount.

 

        Sec. 7.  Section 8, chapter 126, Laws of 1974 ex. sess. and RCW 52.18.080 are each amended to read as follows:

          The Washington fire commissioners association, as soon as practicable, ((and with the assistance of the appropriate association of county prosecutors,)) shall draft a model resolution ((for the imposition of)) to impose the fire protection district service charge authorized by this chapter.

 

          NEW SECTION.  Sec. 8.  The following acts or parts of acts are each repealed:

                   (1) Section 8, chapter 24, Laws of 1951 2nd ex. sess., section 2, chapter 13, Laws of 1963 ex. sess., section 1, chapter 105, Laws of 1971 ex. sess., section 52, chapter 195, Laws of 1973 1st ex. sess., section 126, chapter 167, Laws of 1983, section 44, chapter 230, Laws of 1984, section 121, chapter 7, Laws of 1985 and RCW 52.16.130;

          (2) Section 9, chapter 24, Laws of 1951 2nd ex. sess., section 53, chapter 195, Laws of 1973 1st ex. sess., section 127, chapter 167, Laws of 1983, section 45, chapter 230, Laws of 1984 and RCW 52.16.140;

          (3) Section 9, chapter 53, Laws of 1961, section 2, chapter 243, Laws of 1969 ex. sess., section 54, chapter 195, Laws of 1973 1st ex. sess., section 128, chapter 167, Laws of 1983, section 1, chapter 112, Laws of 1985 and RCW 52.16.160;

          (4) Section 3, chapter 13, Laws of 1963 ex. sess., section 47, chapter 230, Laws of 1984 and RCW 52.16.170; and

          (5) Section 5, chapter 126, Laws of 1974 ex. sess. and RCW 52.18.050.