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Home My WebLink About06/21/2011 14 EMS Levy Placement on the Ballot BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /`1 For Meeting Of June 21, 2011 ITEM TITLE: A Resolution authorizing the Yakima County Commissioners to place the Emergency Medical Services Levy on the ballot for a re- approval. Duration of 2012 Emergency Medical Service Levy would be 10 years upon voter authorization. SUBMITTED BY: Dave Willson, Interim Fire Chief CONTACT PERSON/TELEPHONE: Dave Willson, Interim Fire Chief /575 -6060 SUMMARY EXPLANATION: Yakima County currently imposes an Emergency Medical Services Levy at the rate of $.25 per one - thousand dollars of the assessed value of property located in Yakima County. The City of Yakima receives a pro -rata share of that levy which is approximately 1.1 million annually for emergency medical services. EMS Levy financial support funds eight fire- fighter positions and necessary equipment and training. The current levy expires December 31, 2012. In order to maintain the current funding, the Yakima County Commissioners will need to place the EMS Levy on the ballot for re- approval. Duration of levy will be ten years in replacement of current ten year funding. Pursuant to RCW 84.52.069(4), this item may not be placed on the ballot by the County Commissioners without the approval of the Yakima City Council. Resolution x Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source • . APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve the Resolution BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: • 4110 RESOLUTION NO. R 2011 - A RESOLUTION authorizing the Yakima County Commissioners to place the Emergency Medical Services ( "EMS ") Levy on the ballot, at the current rate of $.25 per one - thousand dollars of the assessed value of property, before December 31, 2012, for the citizens of Yakima County to vote on the continuation of this EMS Levy for a ten year period. WHEREAS, Yakima County has imposed an Emergency Medical Services (EMS) Levy for the past six years at the rate of $.25 per one - thousand dollars of the assessed value of property; and WHEREAS, the current EMS Levy expires on December 31, 2012; and WHEREAS, the City of Yakima utilizes funds from this Levy in order to provide emergency medical services to its citizens; and WHEREAS, the City recognizes the need for quality emergency medical services and the elimination of this resource would reduce the ability of the City to continue to deliver the current quality of emergency medical services; and WHEREAS, under RCW 84.52.069(4), Yakima County may not place this Levy on the ballot without the approval of the legislative authority of each city exceeding 50,000 in population within the County; and WHEREAS, the City of Yakima is located within Yakima County and has a population in e xcess of 50,000 persons; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize the Yakima County Commissioners to place the EMS Levy on the ballot, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Yakima County Commissioners are authorized to place the Emergency Medical Services Levy on the ballot, at the current rate of $.25 per one - thousand dollars of the assessed value of property, before December 31, 2012, for the citizens of Yakima County to vote on the continuation of this EMS Levy for a ten year period. ADOPTED BY THE CITY COUNCIL this 21 day of June, 2011. ATTEST: Micah Cawley, Mayor City Clerk • • I, . INTERDEPARTMENTAL MEMO TO: Council Public Safety Committee FROM: Dave Willson, Int. Fire Chief RE: Talking points for resolution allowing County EMS levy DATE: June 13, 2011 The June 21 Council meeting contains two resolutions concerning the upcoming Countywide EMS levy. This document concerns the first resolution. • State law requires any County wide EMS levy to be approved by any municipality in that County over 50,000 in population. • The explanation for this is that a maximum amount taxed any tax payer in a county is $0.50 per Ad valorem for EMS levy. When a Countywide EMS tax is collected, it is then divided amongst all jurisdictions in accordance with a. planned distribution calculation. A larger city my receive a percentage smaller than the entire $0.50 collected due to this formula. • If a City over 50,000 is already collecting $0.50 per Ad valorem and a countywide levy is passed for $0.25 per Ad valorem, the City must reduce its collection by $0.25 so the tax payer in that city is paying no more than the legal $0.50. Now the City collects a full portion of $0.25 and an adjusted portion of the other $0.25. • This would cause the City's revenue to drop because the County ran an EMS levy. • In our case, the City does not collect on a "city only" EMS levy so there is no reason to deny the countywide proposition. • • (5) County wide EMS levy. A county-wide EMS levy cannot be placed ill on the ballot without first obtaining the approval of the legislative authority of any city within the county having a population exceeding fifty thousand. No other taxing district within the county may hold an election on a proposed EMS levy at the same time as the election on a proposed county- wide EMS levy. To the extent feasible, emergency medical care and services must be provided throughout the county whenever the county levies an EMS levy. In addition, if.a county levies an EMS levy, the following conditions apply: (a) Any other taxing district within the county, authorized to levy an EMS levy may do so, but only if the taxing district's EMS levy rate does not exceed the difference between the county's EMS levy rate and fifty cents per thousand dollars of assessed value of the property of the taxing district; and (b) When a taxing district within the county levies an EMS levy and the voters of the county subsequently approve a county -wide EMS levy, the taxing district must then- reduce its EMS levy rate so that the combined EMS levy rate of the county and the taxing district does not exceed fifty cents per thousand dollars of assessed value in the taxing district; and (c) An EMS levy of limited duration of a taxing district within the county, authorized by the voters subsequent to a county -wide EMS levy of limited duration, will expire concurrently with the county EMS levy. .. as- . ✓v 1i vvv. a.auvi 5S/11V) 1./lvulvu1 O\.1 IA..v y. .. r a c I Vl L. • • d �. `i,. , WASHINGTON STATE LEGISLA.T TP�, • 11 ;; , . ch I Help IAfi LY ISt Y �_ WACs > Title 458 > Chapter 458 -19 > Section 458 -19 -060 Inside the Legislature . * Find Your Legislator 458 -19 -055 « 458 -19 -060 » 458 -19 -065 * Visiting the Legislature • +► Agendas, Schedules and WAC 458 -19 -060 No agency filings affecting this section since 2003 Calendars * Bill Information .Emergency medical service leery. • Laws and Agency Rules * Legislative Committees (1) Introduction. This rule explains the criteria contained in RCW 84.52.069 relative to a * Legislative Agencies taxing district imposing a limited or permanent. regular levy for emergency medical care or • emergency medical services. It describes the permitted duration of this levy, the ballot title * Legislative Information and measure that must be presented to and approved by the voters, the maximum rate for Center this levy, and the applicable limits. * E -mail Notifications . (Listserv) (2) Purpose - voter approval required who may levy. An emergency medical service * Civic Education (EMS) levy is a regular voter approved levy. Any taxes collected as a result of this levy can * History of the State • only be used to provide emergency medical care or emergency medical services, including • Legislature related personnel costs, training for such personnel and related equipment, supplies, vehicles, and structures needed to provide this care or service. An EMS levy must be Outside the Legislature approved by a super majority of registered voters at a general or special election. Only a county, emergency medical service district, city, town, public hospital district, urban *. Congress - the Other emergency medical service district, or fire protection district is authorized to impose an EMS . • Washington levy. • * TVW ' * Washington Courts (3) Duration - maximum rate. An EMS levy is imposed each year for six consecutive * OFM Fiscal Note Website years, each year for ten consecutive years, or permanently. If approved, a taxing district can impose a regular property tax levy in an amount that cannot exceed fifty cents per thousand • _,_. Access dollars of assessed value of the property of the taxing district. A A ►W ashingtono o *,<,• .,.tr G<.• �R.�� r.� „m (4) Contents of ballot title and measure. Any ballot title and measure seeking authorization of an EMS levy must conform to the requirements of RCW 29.30.111. A taxing district cannot submit to the voters at the same election multiple propositions to impose a 2 0., + j ' � levy under RCW 84.52.069. If the approved ballot title and measure did not authorize the maximum allowable levy rate (fifty cents) for the EMS levy, any future proposition to increase •cse• ont;. , IHaiA)1•furr, the rate up to the maximum allowable must be specifically authorized by voters at a general a „ °rd ; or special election. That is, a taxing district may impose a levy rate up to, but no greater than, • the rate contained in the approved ballot measure without obtaining additional voter approval. The ballot title and measure authorizing a taxing district to impose: (a) An EMS levy for a limited duration must state the name of the taxing district, the • maximum rate per thousand dollars of assessed value to be imposed, and the maximum - number of years the levy is to be allowed; or . (b) A permanent EMS levy must state the name of the taxing district and the maximum rate per thousand dollars of assessed value to be permanently imposed. A ballot title for this . type of levy must include wording to indicate that it is a permanent EMS levy. A taxing district . that seeks to impose a permanent levy must also provide for a referendum procedure to apply to the ordinance or resolution imposing the tax. The detailed specifics of this procedure . are set forth in RCW 84.52.069(4). • . . ” 15).County; =wide EM le A county -wide EMS levy cannot be placed on the ballot • . = without first obtaining the approval of the legislative authority of any city within the county having a population exceeding fifty thousand. No other taxing district within the county may hold an election on a proposed EMS levy at the same time as the election on a proposed • county -wide EMS levy. To the extent feasible, emergency medical care and services must be provided throughout the county whenever the county levies an EMS levy. In addition, if a county levies an EMS, levy, the following conditions apply: (a) Any other taxing district within the county, authorized to levy an EMS levy may do so, • • . . but only if the taxing district's EMS levy rate does not exceed the difference between the . county's EMS levy rate and fifty cents per thousand dollars of assessed value of the property • http: // apps .leg.wa.gov /wac /default.aspx ?cite= 458 -19 -060 6/15/2011 • `+J(5- i - uou: r,mergency mealcat service levy. • • Page '2 Q1'2 • • • of the taxing district; and • • '(b) When a taxing district within the county levies an EMS levy and the voters of the • county subsequently approve a county -wide EMS levy, the taxing district must then reduce • its EMS levy rate so that the combined EMS levy rate of the county and the taxing district does not exceed fifty cents per thousand dollars of assessed value in the taxing district; and • • (c) An EMS levy of limited duration of a taxing district within the county, authorized by the voters subsequent to.a county -wide EMS levy of limited duration, will expire concurrently with • the county EMS levy. • (6) EMS levy of taxing district other than county. Once a taxing district that has the authority to levy an EMS levy has done so within the county, only the county may concurrently levy an EMS levy within the boundaries of that taxing district; all other taxing districts are prohibited from levying an EMS levy within that taxing district's boundaries while it collects an EMS levy. (7) Constitutional one percent limit is applicable. An EMS levy is subject to the constitutional one percent limit for regular property taxes. If a reduction of the rate of an EMS • levy is required because thislimit is exceeded, it is to be reduced in the manner set forth in RCW 84.52.010(1) and WAC 458 -19 -075. • (8) Statutory aggregate dollar rate limit is not applicable. An EMS levy is not subject • to the statutory aggregate dollar rate limit of five dollars and ninety cents per thousand dollars of assessed value (see RCW 84.52.043). • (9) Applicability of limit factor to EMS levy. The first year an EMS levy is made following voter approval, the levy 'limit set forth in RCW 84.55.010 does not apply. However, after the first year any EMS levy made is subject to this limit. In other words, beginning the second year this levy is made it cannot exceed the limit factor multiplied by the highest amount of regular property taxes that could have lawfully been levied since the voters last approved such a levy plus an additional dollar amount calculated by multiplying the increase • in assessed value in that district resulting from new construction, improvements to property, and any increase in the assessed value of state - assessed property by the regular property tax rate for the district in the preceding year. The EMS levy is calculated separately from any other levies made by the taxing district for purposes of calculating the levy limit. [Statutory Authority: RCW 84.08.010, 84.08.070, 84.48.080, 84.55.060, 84.52.0502, chapters 84.52 and 84.55 RCW, and RCW 34.05.230(1). 02 -24 -015, § 458 -19 -060, filed 11/25/02, effective 12/26/02. Statutory Authority: RCW 84.55.060 and 84.08.070. 94 -07 -066, § 458 -19 -060, filed 3/14/94, effective 4/14/94.] • • • • • • • • • • .. • • • • • • http: // apps .leg.wa.gov /wac /default.aspx ?cite= 458 -19 -060 • 6/15/2011