February 27, 2009

The 2009 legislative session is entering the floor action stage as the policy committee cutoff date to pass bills out of committee was earlier this week. The fiscal and transportation committees' cutoff is March 2 and the cutoff date to pass bills out of the house of origin is March 12. Bills that "appear dead" in this report will be deleted from the report next Friday. PLEASE NOTE: The Washington Fire Chiefs & Washington Fire Commissioners Association Joint Legislative Day is fast approaching (Monday, March 9); be sure to register with the Washington Fire Chiefs if you have not already done so. (To register, please call the Chiefs' Office at 360.352.0161 or log onto their website at www.wsafc.org.) Updates from last week are shown in bold type.  You may track all bills by logging onto www.leg.wa.gov. If you have any questions, please contact Roger Ferris at 1.800.491.9322 or email rogerf@wfca.wa.gov

WFCA PROPOSAL

HB 1230: This is a WFCA proposal to increase the fire district bid limits for public works projects from the current $2,500 to $40,000. The $2,500 limit has not been increased since 1984. HB 1230 has been amended onto SHB 1847 with a $20,000 limit. SHB 1847 passed State Government & Tribal Affairs Committee and has been referred to Rules. WFCA strongly supports. 

PROPERTY TAX/REVENUE LEGISLATION

HB 1526: This bill was just reviewed and analyzed by the WFCA. It states that essential government services as a condition to exempt property owned (trust lands not within reservation boundaries) by federally recognized Indian tribes is exempt from property taxes and the exempted property is subject to the leasehold excise tax. WFCA has concerns with tax shifts to property owners that would in turn increase levy rates for taxing districts (fire districts) in which tribal owned properties exist. Hearing was held on February 24 in House Finance Committee.

SB 5000: This proposal would amend the State Constitution limiting property tax valuation increases to one percent per year over the base year. Valuation would be reassessed upon resale of property/home. Senate Ways & Means Committee. WFCA opposes. NOTE: There is another bill, SB 5057, which also limits valuation increases. Appears dead.

SB 5143/HB 1318: This legislation would provide for a 106% limit factor for permanent emergency medical services levy. Senate Ways & Means Committee. SB 5143/HB 1318 requires a statewide vote for ratification. WFCA supports. Appears dead.

NOTE: There are over 45 bills related to property tax valuation and limiting future growth. We will monitor and report if movement occurs.

ANNEXATION/GROWTH MANAGEMENT

HB 2074: An annexation proposal that would allow a city with a county population of 1.5 million to annex without a vote of the people or signatory of a petition. House Local Government & Housing Committee. WFCA strongly opposes. Appears dead.

HB 2173: This is a similar bill to HB 2074 which pertains only to King County. WFCA opposes HB 2173.

SB 5084/HB 1207: Legislation has been reintroduced to reduce from 75 to 60 percent the amount of assessed valuation required for annexations in the 10 first class cities. City of Spokane and Vancouver are the primary advocates of this bill along with the Association of Washington Cities.

SHB 1457/SB 5420: This legislation will provide the ability for the Boundary Review Board to modify a proposal of annexation and may adjust boundaries by up to 100%. Senate Government Operations & Elections Committee. WFCA opposes as written. NOTE: This is a holdover bill from the last two years. SHB 1457 has been referred to Rules. SB 5420 appears dead.

SHB 2020/SSB 5808: This is the annexation legislation that the WFCA has been in negotiations for months. It provides for notification of fire district employees in changes of employment status as a direct consequence to a city annexation of unincorporated areas. SB 5808 provides for a new annexation process through interlocal agreements with the city and county and states that fire districts shall be involved in negotiations. SB 5808 also provides for a 45-day referendum process for the citizens in the proposed annexation area through the interlocal agreement to force a vote with a 10% petition. Also, prior to this new process moving forward, the fire district has 45 days to either accept or decline negotiations. If a fire district declines, then this process will cease and cannot move forward. Passed Senate Government Operations Committee. Rules. SHB 2020 passed with amendment incorporating HB 2173 into SHB 2020. WFCA opposes SHB 2020 as written.

OPEN RECORDS/MEETINGS LEGISLATION

SHB 1552: Would mandate that formal public testimony must be allowed prior to passage of any resolution or formal action. Passed House State & Tribal Affairs Committee. Rules. WFCA is monitoring.

HB 1676: This legislative proposal is an attempt to find a compromise on the issue of open public meetings. HB 1676 will provide that executive sessions may be recorded. It is not mandated. Procedures would have to be followed. Also, provides limited immunity for self-disclosure of any apparent violations and provide for adoption of model advisory rules and mandate that all governmental elected officials receive training and certification of Open Public Meetings and Records Act. State Government & Tribal Affairs Committee. WFCA will seek clarification on training and is currently monitoring this bill without position. Appears dead.

HB 1784: Authorizes the Public Disclosure Commission (PDC) to enforce the Open Public Meetings Act (OPMA) and the Public Records Act (PRA). The PDC will be provided authority to investigate, review and adjudicate complaints alleging violations of the OPMA and the PRA as well as provide interpretive opinions and provide confidential consultation. State Government & Tribal Affairs Committee. Monitor. Appears dead.

SB 5249: Proposal that would allow a governmental agency to deny a request by a party if the requesting party has an outstanding balance with the governmental entity for unpaid charges for records previously provided. Senate Government Operations & Elections Committee. WFCA supports. Appears dead.

SB 5250: This legislation would increase the authority of a governmental entity to charge up to a maximum of 25 cents per page for photocopies of public records. The current statute provides for a maximum charge of 15 cents per copy. Senate Governmental Operations & Elections Committee. WFCA supports. Appears dead.

SB 5251: A proposal that will enable governmental entities the right to recover per page costs regardless of whether the photocopies are taken by the requestor. Senate Government Operations & Elections Committee. WFCA supports. Appears dead.

EMS

SHB 2029: The state and county E-911 excise taxes are eliminated and replaced with a state and county "service fee." The service fees shall be deposited into the E-911 account and may be spent to modernize and upgrade E-911 emergency communications throughout the state. Over the next six years the county service fees will increase incrementally from $0.90 on switched access lines, radio access lines, internet protocol-enabled voice services or other services capable of transmitting voice or data to $1.50 in 2014. SHB 2029 was heard in House Finance Committee on February 24. This bill is subject to the March 2 fiscal committee cutoff. WFCA supports.

SB 5432: This is the local government coalition legislation to address some county funding issues and provides a simple majority vote for emergency medical service levies. This is one of the top priorities from the WFCA legislative issue priority list that we have identified as realistic for passage in 2009. Senate Ways & Means Committee. WFCA strongly supports. NOTE: SB 5432 will also eliminate the 40% validation requirement.

OTHER BILLS

SHB 1039/SSB 5010: This is the Washington Fire Chiefs' proposal to establish and fund hazardous materials response teams around the state. Senate Government Operations Committee. The funding mechanism will be very difficult to identify due to the large state budget deficit. WFCA supports. House Ways & Means Committee. SSB 5010 appears dead.

SHB 1015/SSB 5011: This legislation received very favorable press/media coverage. HB 1015/SB 5010 will prohibit the sale of "novelty" lighters, those shaped like cartoon characters, toys, musical instruments and other items that are attractive to children. NOTE: This legislation does not ban disposable cigarette lighters that do not meet the definition of novelty lighter. WFCA supports. SHB 1015 referred to General Government Appropriations Committee. SSB 5011 has been placed on Second Reading Calendar.

HB 1057: This proposal, sponsored by Rep. Ed Orcutt, would mandate that any property tax ballot measure must include an estimate of the financial impact on the first year of the levy in comparison to the district's last levy stated both in dollar and percentage increase. The ballot language maximum would be increased from a 75 word maximum to 100. House Finance Committee. WFCA has concerns. Appears dead.

HB 1080: This legislation is prime-sponsored by Rep. Geoff Simpson and provides impact fee authority for fire protection districts. We expect heavy opposition from the home builders. Rules. WFCA supports.

HB 1196: A local government associations' joint proposal to increase the small works roster dollar limit from $200,000 to $300,000 for construction, building, renovation, repair or improvement of real property. WFCA supports. Passed the House 95-1 on Monday, February 23.

HB 1374: This legislation will reinstate the intent to fund the local government archives program through the county surcharge of $1 per document recorded and repeal any future use of the funds for debt service on the state heritage center. Bill was heard in House Ways & Means Committee on February 24. WFCA supports the full funding of the local government archives program.

HB 1609: This legislation revises current family and medical leave provisions and requires employers to pay a premium of two cents per individual for each hour worked up to a maximum of 40 hours per week to the Employment Security Department to be deposited into the family leave and medical leave insurance account. Each employer may deduct the pay from the individual for the full amount that the employer is required to pay. Certain factors of the bill will be forwarded for a statewide vote. House Commerce & Labor Committee. Appears dead.

HB 1932: This legislative proposal expands the presumptive disease statutes for paid firefighters to include esophageal cancer and methicillin-resistant staphylococcus aureus, commonly known as MRSA. House Labor & Commerce Committee. Monitor. Appears dead.

HB 2151/SB 5994: This is Governor Gregoire's request legislation that will eliminate over 60 boards, commissions and advisory committees. Included on the list for elimination by June 30, 2010 is the EMS & Trauma Care Steering Committee, Emergency Management Council, Fire Protection Policy Board and others. State Government & Tribal Affairs Committee. WFCA will assess this 160-page bill and provide positions after discussions with other stakeholders and the Governor's Office.

SB 5016: A bill that will eliminate the March and May special elections. Senate Second Reading Calendar. WFCA does not oppose.

SSB 5638: This bill will require that any contract entered into with a fire protection district must provide for adequate compensation. Adequate compensation is defined as compensation that may not fall below the proportional property tax burden of property located within the fire district. WFCA has concerns with mutual aid agreements being affected; however, with proper amendatory language, supports the concept of fair and equitable compensation for fire protection contracts. Passed Senate Government Operations Committee. It appears the amendments reduce the concerns of mutual aid agreements, statutory contracts and statewide mobilization. Rules. WFCA supports.



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