February 21, 2008

The 2008 legislative session is heading into the final three weeks with February 29 being the next committee cut-off date to pass bills from the opposite House. A few surprises have occurred with 2007 bills being resurrected. We will continue to support ESHB 2938 as amended to illustrate the need for reform of the Growth Management Act and annexation statutes in an attempt to level the playing field. NOTE:  Updates from last week are shown in bold type. For additional information on bills, you may access the state legislative homepage at www.leg.wa.gov or call Roger Ferris at 1.800.491.9322. 

Annexation / Growth Management 

SHB 1622: This bill revises boundary review board authority and provides unilateral authority to expand/adjust the boundary of a proposed annexation to include all land located within an unincorporated urban growth area (which is not included in the annexation petition). WFCA strongly opposes as written. Appears dead.

HB 2483/SB 6283: A bill that will lower the direct annexation petition method for code cities from 75% to 60% of the assessed valuation of the property proposed for annexation. Passed House. WFCA opposes. Referred to Senate Government Operations Committee.

ESHB 2938: This is the WFCA legislative proposal to address financial impacts placed on fire districts due to city annexation of unincorporated territory. Unfortunately, the underlying bill as reported in prior legislative reports has been amended deleting our proposed language. In its place is language addressing firefighter job protection in annexations and mandates that cities provide legislative finding of financial impacts that a proposed annexation will have on delivery of service to residents in fire districts who are outside of the proposed annexation. WFCA supports ESHB 2938 as passed by the House. ESHB 2938 is scheduled for a hearing on Tuesday, February 26 in Senate Government Operations and Elections Committee. We need to keep this important issue alive and continue to advocate for the original provisions of HB 2938. AWC is very aggressively opposing ESHB 2938 and heavily lobbied to kill 2938 in its entirety.

Tax / Revenue Proposals

HB 2554/SSB 6641: This is the technical correction bill requested by the Department of Revenue clarifying that multi-year lid lift ballot propositions must clearly indicate that the taxing districts' levy base will be permanently increased. If the ballot proposition does not indicate that the final levy will be used to compute subsequent year levies, then the levy base increase is presumed to be temporary. Single year lid lifts are presumed to be permanent. This bill applies to multi-year lid lifts approved on or after the effective date of the act. WFCA does not oppose as written. HB 2554 and SB 6641 have passed respective Houses.

Health Care Legislation

The WFCA continues to monitor numerous health care proposals that may affect local government employers for financial and/or administrative impacts. We also continue to monitor the paid family leave issue as the legislature attempts to fund the program created last year. Currently, we do not see any legislation that will adversely impact delivery of health care services.

Governance Legislation

HB 3292: This bill would require public agencies, including fire districts, to make a verbatim recording of the complete executive session and to retain it for two years. These recordings are not subject to public inspection except by a court order brought by the party challenging the validity of the executive session. A court judge will review the tape and, without divulging to the plaintiff or its counsel, shall determine if any part of the executive session is inappropriate. Any part ruled as public record may be ordered disclosed as a public document. WFCA opposes as written. Appears dead. However, this bill may be brought back to life. We will continue to monitor.

E2SSB 5271: A bill that would eliminate the March and May special elections. A compromise has been reached and 2SSB 5271. Passed the Senate. Has been referred to State Government and Tribal Affairs Committee. 

SB 5420: This is a bill introduced last year which requires that all public agencies that own or maintain a website shall post an agenda 72 hours prior to a regular meeting and within 24 hours of all special or emergency meetings. Minutes of all special or regular meetings shall be posted within 15 days after the meeting, whether minutes are draft or approved. Other mandates, including monetary penalties, are also included in the current legislation. WFCA opposes. Appears dead.

SB 5432: This is a 2007 WFCA proposal which provides authority for fire district boards of commissioners to expand from five to seven members with voter approval. House Local Government Committee. WFCA supports. Bill scheduled for hearing on February 22.

ESSB 6573: This is a WSCFF priority bill to increase funding for public safety and would create a local public safety enhancement account (LPSEA). This account would be funded with any increase over 1% in general state revenues (the lesser of one-third or $50 million). One half of the $50 million would be transferred to a benefit improvement account to fund the employer, employee and state costs of financing benefit improvements by the LEOFF 2 Retirement Board. The State Treasurer will be responsible for distribution of the remaining funds in the LPSEA to local governments. Each jurisdiction's allocation will be based on proportionate share of the LEOFF 2 members it employs. HB 2962 appears dead and SSB 6573 passed Senate Ways and Means Committee. Rules. WFCA supports as written. The Senate committee amendments provide for incremental increases in funding through the year 2015 with the $50 million being implemented in 2015 biennium.

SSB 6704: This bill would require public agencies to post special meetings at least 24 hours in advance of the meeting on the agency's website. Any violation would be a civil penalty of $100. The WFCA opposes this bill. Passed Senate Government Operations and Elections Committee with amendments to make the bill better; however, WFCA still has concerns. Appears dead.

Other Legislation

HB 2110: This bill will allow fire protection districts to use impact fees related to new development for capital improvements. Language is deleted prohibiting fire districts from being eligible for impact fees in urban growth areas. HB 2110 passed the House and has been referred to Senate Governmental Operations and Elections Committee. Hearing is scheduled for Monday, February 25, 10 a.m. WFCA supports.

HB 2790/SB 5505: This bill establishes and funds CBRNE (hazardous materials) teams on a statewide basis. WFCA supports. SB 5505 is in Senate Ways & Means Committee. It is my opinion that this bill will continue to be alive after cut-off subject to reconsideration by the legislature.

2SSB 5642: This is the safe cigarette legislation developed and introduced by the Washington Fire Chiefs last year. The WFCA supports. Passed Senate. Referred to House Commerce and Labor Committee. Hearing scheduled for Tuesday, February 26.



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