BILL REQ. #:  S-0297.1 

Read first time 01/14/11.   Referred to Committee on Government Operations, Tribal Relations & Elections.

     AN ACT Relating to portions of state highways better served by merged fire districts under certain circumstances; amending RCW 47.48.031 and 52.06.090; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that portions of state highways may at times be better served by the merger of local fire districts serving the applicable stretch of highway. In certain areas of the state, portions of state highways are located within fire district boundaries that, due to the location of the district's nearest fire station, are not conducive to quick emergency response times supporting that portion of highway. This may result in liability burdens on the part of those responsible for managing that stretch of state highway. In these circumstances, an adjacent fire district often has a fire station located closer to the affected portion of state highway that would provide quicker and more efficient emergency response services. Therefore, it is the intent of the legislature that the existing mechanism for merging fire districts be streamlined in order to more efficiently facilitate a partial merger of fire districts such that affected portions of state highways can be better served with quicker emergency response times by the merger district.

Sec. 2   RCW 47.48.031 and 1981 c 197 s 1 are each amended to read as follows:
     (1) Whenever the chief or another officer of the state patrol determines on the basis of a traffic investigation that an emergency exists or less than safe road conditions exist due to human-caused or natural disasters or extreme weather conditions upon any state highway, or any part thereof, state patrol officers may determine and declare closures and temporarily reroute traffic from any such affected highway. The emergency or less than safe road conditions may also exist due to a fire on a portion of state highway being served by a merged fire district established under the conditions identified in RCW 52.06.090(2).
     (2) Any alteration of vehicular traffic on any state highway due to closure in emergency conditions is effective until such alteration has been approved or altered by the secretary of transportation or other department of transportation authorities in their local respective jurisdictions.
     (3) All state highway closures by officers of the state patrol shall be immediately reported to the secretary of transportation and to other authorities in their local jurisdictions.

Sec. 3   RCW 52.06.090 and 1989 c 63 s 16 are each amended to read as follows:
     (1)(a) Except as otherwise provided in subsection (2) of this section, a part of one district may be transferred and merged with an adjacent district if the area can be better served by the ((merged)) merger district. To effect such a merger, a petition, signed by a majority of the commissioners of the merging district or signed by not less than fifteen percent of the qualified electors residing in the area to be merged, shall be filed with the commissioners of the merging district, if signed by electors, or with the commissioners of the merger district if signed by commissioners of the merging district. If the commissioners of the merging district approve the petition, the petition shall be presented to the commissioners of the merger district. If the commissioners of the merger district approve the petition, an election shall be called in the area to be merged.
     (b) In the event that either board of fire district commissioners does not approve the petition, the petition may be approved by the boundary review board of the county or the county legislative authority of the county in which the area to be merged is situated, and may approve the merger if it decides the area can be better served by a merger. If the part of the merging district that is proposed to merge with the merger district is located in more than one county, the approval must be by the boundary review board or county legislative authority of each county. If there is an affirmative decision, an election shall be called in the area to be merged.
     (c) A majority of the votes cast is necessary to approve the transfer.
     (2) The transfer and merger of part of one district to an adjacent district may also occur and does not require an election or approval by a boundary review board or county legislative authority if:
     (a) The area to be merged:
     (i) Includes portions of a state highway;
     (ii) Can be better served by the merger district with quicker emergency response times, as determined by the commissioners of the merger district in (c) of this subsection; and
     (iii) Has an assessed value of less than one-half of one percent of the total assessed value of the merging district;
     (b) The merging district does not own a fire station located within the area to be merged; and
     (c) A resolution is adopted by a majority of the commissioners of the merger district (i) finding that the merger district can provide quicker emergency response times to the proposed area to be merged and that the merger is in the public interest, and (ii) declaring the portion of the district merged in the same manner and to the same effect as if it had been authorized by an election. However, the commissioners of the merger district must consult with the commissioners of the merging district regarding the merger at least thirty days prior to adoption of the resolution.