February 23, 2007

The following bills are reported to you as of February 23. The next week will be interesting as the first cut-off to pass bills out of non-fiscal committees is February 28. Monday, March 5 is the cut-off date for fiscal committees and transportation committees. Fiscal committees include Senate Ways & Means, House Appropriations and House Finance Committee. We are looking very closely at various health care issues and the potential impacts that they may have on the bottom line in your fire district budgets. Also, we continue to work with other governmental entities to ensure that E-911 funds are retained in the E-911 account and are not used for other purposes. REMINDER: The WFC/WFCA Joint Legislative Day is Monday, March 5; I hope to see you all there! Updates from the last report are shown here 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.

Tax/Revenue Proposals 

HB 1369/SB 5498: THIS IS THE NUMBER ONE PRIORITY FOR THE WFCA. This bill provides special purpose districts with authority to lift the lid for up to six years and provide for the district to set its own rate of growth index for years two through six (it can be based on CPI or on a straight percentage as stated on the ballot). This is the same legislation as last year's 2SSB 5333 and is strongly supported by all special districts as a way to reduce election costs and to plan for future growth. SB 5498 passed Senate Government Operations & Elections Committee. Senate Ways & Means Committee.

HB 1125: This legislation will increase the forest fire protection flat fee assessments from its current level of $14.50 to $17.50 and increase from $.25 to $.27 on each acre in excess of 50 acres. Rules. WFCA supports.

SB 5217: Will provide for an increase in the county conservation futures property tax levy from 6.25 cents to 12.5 cents per $1,000 assessed value. WFCA has concerns on possible proration of EMS levies. Passed Natural Resources, Ocean & Recreation Committee. Referred to Senate Ways & Means Committee.

NOTE: There are over 75 legislative proposals addressing the issue of property taxes for state and local governments. We are tracking all proposals for financial impacts and will report if legislation moves forward.

General Government Legislation

HB 1470: Provides for state capital funding assistance for rural fire districts with a population of 10,000 or less through the public works assistance account. The funding assistance will assist fire districts for repayment of all or a portion of the principal or interest to finance construction of fire stations. House Capital Budget Committee.

HB 1620: This legislation will provide a sales and use tax exemption for law enforcement and local governments' motor vehicles if they are used exclusively to provide emergency services including medical-aid vehicles, ambulances and fire engines. House Finance Committee. WFCA supports concept.

HB 1822/SB 5642: This is the "safe cigarette" bill which provides for self extinguishing cigarettes. This provides good public policy for fire prevention. HB 1822 is in House Commerce & Labor and SB 5642 is in Senate Labor, Commerce & Research & Development. 

SB 5271/HB 1653: This is a county auditor association proposal which would eliminate the March and April special election dates for taxing districts. HB 1653 is still in House State Government & Tribal Affairs Committee. SB 5271 is in Rules. WFCA will confer with other taxing district associations and at present time will monitor.

HB 1724: This proposal provides that the Director of Fire Protection shall, by rule, adopt a fire safety standard for upholstered furniture and electronic equipment by December 31, 2007. WFCA strongly supports HB 1724 as good public safety policy. House Commerce & Labor Committee.

Growth Management Annexation Legislation

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 an annexation petition). Passed House Local Government Committee. Rules. WFCA strongly opposes as written. 

HB 2005: This is a proposal which lowers the threshold of a city annexation petition from 75% to 60% of assessed value and would lower the "island" annexation petition value threshold from current 60% to 50% if the area has at least 80% of its boundaries contiguous with a portion of the cities. House Local Government Committee. WFCA opposes as written.

HB 2006: This is a legislative proposal which will provide for a city to annex unincorporated area by a majority vote of the city council if the city has an interlocal agreement as provided in the county in which the annexation occurs. A process is outlined for negotiation between the city and county; however, there is no provision for discussion of impacts with fire districts. House Local Government Committee. WFCA will attempt to address our concerns with amendments to include fire districts in the interlocal agreement process.

HB 2110: A legislative proposal by the Washington Fire Chiefs to allow fire districts the authority to use impact fees. Local Government Committee. Monitor.

Governance Issues

SHB 1024/SSB 5034: This is a legislative proposal which will ban the use of DECA flame retardant in household items if a safer alternative is found. The WFCA has concerns with regulatory and special interest groups having unilateral authority to ban this flame retardant. It should be the responsibility of the state legislature to implement, through a public legislative vote, as this legislation has far-reaching policy impacts. SHB 1024 passed the House. Referred to Senate Water, Energy & Telecommunications Committee.

HB 1223/SB 5505: This legislation would provide for a regional system to respond to hazardous materials incidents and appropriate $23 million to the Director of Fire Protection Services to fund regional response teams throughout the state. This is a Washington Fire Chiefs (WFC) proposal. Passed Public Safety & Emergency Preparedness Committee. Referred to Appropriations Committee. WFCA supports. 

HB 1367: This is a WFCA legislative proposal which would authorize fire station public works projects that cost less than $10,000 to proceed without a formal bid process. The current maximum is $2,500 and has not been adjusted for inflation in over 20 years. House Local Government Committee. The building trade unions are opposed to 1367 as written. WFCA continues to discuss this issue with the trade unions in attempting to find compromise language to address their prevailing wage concerns.

SHB 1368/SSB 5233: This is the special purpose district legislation to implement cost of living adjustments for commissioner per diem compensation. Fire district commissioners currently receive $70 per day. This legislative proposal will increase the per diem compensation up to $90 per day with a yearly maximum of $8,640 per year. House Second Reading Calendar. SSB 5233 passed Senate Government Operations & Elections Committee. Rules. WFCA supports.

HB 2097: This bill will enhance the fire service training account revenue through an increase from 20% to 35% of all monies received by the state through the fire insurance premiums and would dedicate a portion of the tax to the firefighter joint apprenticeship training program. House Appropriations Committee. Monitor.

SB 5432: This is a WFCA proposal which provides authority for fire district boards of commissioners to expand from five to seven members with voter approval. Senate Government Operations & Elections Committee. The Washington State Council of Fire Fighters is neutral to this legislation. SSB 5432 was heard and passed out of Committee on February 20. Rules.

LEOFF Plan 2 Retirement Board Request Legislation

The following three proposals are request legislation from the LEOFF Plan 2 Retirement Board.

SB 5589/HB 1678: Provides LEOFF 2 retiree eligibility to participate in the state of Washington health care program. Referred to Senate Ways & Means Committee and House Appropriations Committee. Monitor.

SB 5590/HB 1679: Provides for employee board representation to be either an active employee or a retired employee. It does not affect employer representation or increase board membership from its current eleven members. House Second Reading Calendar. Monitor.

SB 5591/HB 1680: Provides for service credit calculations and transfer provisions. House Second Reading Calendar. Monitor.

State Budget

The WFCA is involved in several areas of the state budget. One of the main issues is the Enhanced 911 account being "raided" to fund state interoperability communications. It appears that $10 million may be at stake. The WFCA strongly opposes the transfer of state E-911 revenues to fund any project. The E-911 system was created by passage of a statewide referendum for E-911 services and support to rural counties and their vision to upgrade to an integrated Enhanced 911 system in every area of the state. WFCA will be working with the counties, E-911 directors and local emergency communication groups to oppose this unwarranted raid on the E-911 account. 

Firefighter Disability Legislation

SHB 2147: A legislative proposal which provides vocational rehabilitation services to volunteer firefighters who are injured and/or disabled "in the line of duty". This is a new benefit which will be provided through the Board for Volunteer Firefighters and Reserve Police Officers Relief and Pension Program, without increase in disability payments by fire districts. WFCA was successful with amendment to provide for an emergency clause, so injured firefighters can access vocational rehab benefits immediately after bill becomes law. Rules. WFCA supports.

SB 5741/HB 1833: This bill will expand the firefighter presumptive disease statutes in workers' compensation laws to include stomach cancer, intestinal cancer, multiple myeloma, testicular cancer and prostate cancer. Also presumes that strenuous exercise resulting in injury to the heart is presumed to be occupationally related. This legislation amends the presumptive disease rebuttal language from current preponderance of the evidence, to be rebutted by clear, cogent and convincing evidence. Also, if the employee prevails and the presumption is upheld, the employee will be awarded full benefits, attorneys' fees, expert witness costs and all other costs. House Commerce & Labor Committee. WFCA will use the same criteria as in past years to evaluate the proposed added cancers and requests a fiscal note for cost impacts to workers' comp rates. SB 5741 is in Senate Labor, Commerce, Research & Development Committee. This bill is proposed by the State Council of Fire Fighters and is supported by the Washington Fire Chiefs. The WFCA and the Association of Washington Cities oppose sections on attorneys' fees, amending the rebuttal language, and have concerns on multi-million dollar fiscal note which will increase workers’ compensation rates for fire districts and cities.

Public Records Legislation

SSB 5420: This legislation will mandate that any public agency that owns and/or maintains a public Internet website shall post all ordinances, resolutions, rules, etc., adopted by the governing body within five days of adoption and the minutes of all regular and business meetings shall be posted on the website within five business days of the meetings. Also, the schedule of regular and/or special meetings shall be promptly posted. WFCA has strong concerns with implementing this legislation in short time frames; language is unclear on several provisions of the bill, and impacts on agencies that do not have full time staff. SSB 5420 passed out of committee on February 12 with amendments to original bill. They are as follows:

SB 5672: This is a revised version of SB 5420 on posting of information on public agency websites. Deletes the five-day requirement and states that posting of minutes shall be done within a reasonable time after a meeting. Senate Government Operations & Elections Committee.

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