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.