FINAL BILL REPORT

SB 5426

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background: Fire Protection Districts (district) provide fire prevention, fire suppression, and emergency medical services within their boundaries. Districts generally serve residents in unincorporated areas of a county except when cities and towns have been annexed into a fire district or when the fire district continues to provide service to the newly formed incorporated area. The districts are governed by a board of commissioners (commissioners) consisting of either three or five members. Fire protection activities and facilities are financed through the imposition of property taxes, voter-approved excess property taxes, and benefit charges.

Current law provides that a city or town adjacent to a district may be annexed to that district if the population of the city or town does not exceed 100,000 residents. The legislative authority of a city or town must adopt an ordinance approving annexation into the district and provide a finding that the public interest will be served. The district's commissioners must then authorize the annexation and send notification to the governing body of the county or counties in which both the district and city/town are located. A special election must then be called to allow voters in each jurisdiction to approve or deny the annexation proposal. The annexation is complete if a majority of the voters in each district opt in favor of its passage.

Summary: A city or town located in two counties that have at least 80 percent of the population residing in one county may annex 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 5,000 but less than 10,000. The governing bodies of the city and the district, as well as the qualified voters within the boundaries of the fire protection district, must approve of the annexation prior to its existence.

Votes on Final Passage:

Senate	46	0
House	98	0