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FIFTIETH DAY

__________


MORNING SESSION

__________


House Chamber, Olympia, Monday, February 26, 1996


             The House was called to order at 9:55 a.m. by the Speaker (Representative Horn presiding). The Clerk called the roll and a quorum was present.


             Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.


             There being no objection, the House advanced to the fifth order of business.


REPORTS OF STANDING COMMITTEES


February 24, 1996

4SSB 5159        Prime Sponsor, Committee on Ways & Means: Creating the warm water game fish enhancement program. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:

 

             "NEW SECTION. Sec. 1. A warm water game fish enhancement program is created in the department to be funded from the sale of a warm water game fish surcharge. The enhancement program shall be designed to increase the opportunities to fish for and catch warm water game fish including: Largemouth black bass, smallmouth black bass, channel catfish, black crappie, white crappie, walleye, and tiger musky. The program shall be designed to use a practical applied approach to increasing warm water fishing. The department shall use the funds available efficiently to assure the greatest increase in the fishing for warm water fish at the lowest cost. This approach shall involve the minimization of overhead and administrative costs and the maximization of productive in-the-field activities.


             NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, as used in this chapter, "warm water game fish" includes the following species: Bass, channel catfish, walleye, crappie, and other species as defined by the department.


             NEW SECTION. Sec. 3. (1) A warm water game fish surcharge allows a person to fish throughout the state for warm water game fish.

             (2) The annual fee for a game fish surcharge is five dollars and the surcharge is required in addition to an annual game fishing license, except for those persons under fifteen years of age for which there is no charge. Holders of three-day resident fishing licenses, three-day nonresident fishing licenses, and nonresident annual fishing licenses shall pay a five-dollar surcharge to fish for warm water fish.

             (3) The department shall use the most cost-effective format in designing and administering the warm water game fish surcharge.

             (4) A warm water game fish surcharge shall only be required to fish for: Largemouth bass, smallmouth bass, walleye, black crappie, white crappie, channel catfish, and tiger musky.


             NEW SECTION. Sec. 4. The goals of the warm water game fish enhancement program are to improve the fishing for warm water game fish using cost-effective management. Development of new ponds and lakes shall be an important and integral part of the program. The department shall work with the department of natural resources to coordinate the reclamation of surface mines and the development of warm water game fish ponds. Improvement of warm water fishing shall be coordinated with the protection and conservation of cold water fish populations. This shall be accomplished by carefully designing the warm water projects to have minimal adverse effects upon the cold water fish populations. New pond and lake development should have beneficial effects upon wildlife due to the increase in lacustrine and wetland habitat that will accompany the improvement of warm water fish habitat. The department shall not develop projects that will increase the populations of undesirable or deleterious fish species such as carp, squawfish, walking catfish, and others.

             Fish culture programs shall be used in conditions where they will prove to be cost-effective, and may include the purchase of warm water fish from aquatic farmers defined in RCW 15.85.020. Consideration should be made for development of urban area enhancement of fishing opportunity for put-and-take species, such as channel catfish, that are amenable to production by low-cost fish culture methods. Fish culture shall also be used for stocking of high value species, such as walleye, smallmouth bass, and tiger musky. Introduction of special genetic strains that show high potential for recreational fishing improvement, including Florida strain largemouth bass and striped bass, shall be considered.

             Transplantation and introduction of exotic warm water fish shall be carefully reviewed to assure that adverse effects to native fish and wildlife populations do not occur. This review shall include an analysis of consequences from disease and parasite introduction.

             Population management through the use of fish toxicants, including rotenone or derris root, shall be an integral part of the warm water game fish enhancement program. However, any use of fish toxicants shall be subject to a thorough review to prevent adverse effects to cold water fish, desirable warm water fish, and other biota. Eradication of deleterious fish species shall be a goal of the program.

             Habitat improvement shall be a major aspect of the warm water game fish enhancement program. Habitat improvement opportunities shall be defined with scientific investigations, field surveys, and by using the extensive experience of other state management entities. Installation of cover, structure, water flow control structures, screens, spawning substrate, vegetation control, and other management techniques shall be fully used. The department shall work to gain access to privately owned waters that can be developed with habitat improvements to improve the warm water resource for public fishing. Habitat improvements shall be conducted in such a manner as to have secondary benefits to waterfowl, other wildlife, and cold water fish.

             The department shall use the resources of cooperative groups to assist in the planning and implementation of the warm water game fish enhancement program. In the development of the program the department shall actively involve the organized fishing clubs that primarily fish for warm water fish. The warm water fish enhancement program shall be cooperative between the department and private landowners; private landowners shall not be required to alter the uses of their private property to fulfill the purposes of the warm water fish enhancement program. The director shall not impose restrictions on the use of private property, or take private property, for the purpose of the warm water fish enhancement program.


             NEW SECTION. Sec. 5. The warm water game fish account is hereby created in the state wildlife fund. Moneys in the account are subject to legislative appropriation and shall be used for the purpose of funding the warm water game fish enhancement program, including the development of warm water pond and lake habitat, culture of warm water game fish, improvement of warm water fish habitat, management of warm water fish populations, and other practical activities that will improve the fishing for warm water fish. Funds from the warm water game fish surcharge shall not serve as replacement funding for department-operated warm water fish projects existing on December 31, 1994. Funds from the warm water game fish account shall not be used for the operation or construction of the warm water fish culture project at Ringold unless specifically authorized by legislation.

             Funds from the sale of the warm water game fish surcharges shall be deposited in the warm water game fish account, except that the first two hundred thousand dollars collected shall be deposited into the general fund before June 30, 1997.


             NEW SECTION. Sec. 6. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the omnibus appropriations act, this act is null and void.


             NEW SECTION. Sec. 7. The department of fish and wildlife shall provide to the natural resource committees of the legislature an operational and management plan for the Ringold warm water fish culture project on or before December 31, 1996.


             NEW SECTION. Sec. 8. Sections 1 through 5 of this act shall constitute a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 9. (1) Sections 1, 2, and 4 through 7 of this act shall take effect July 1, 1996.

             (2) Section 3 of this act shall take effect January 1, 1997."


             Correct the title accordingly.


             Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Hickel; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.


             Voting Yea: Representatives Huff, Pelesky, Clements, H. Sommers, Valle, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Jacobsen, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.


             Passed to Committee on Rules for second reading.


February 24, 1996

E2SSB 5375     Prime Sponsor, Committee on Law & Justice: Suspending various licenses for failure to pay child support. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Law & Justice with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature recognizes that the current statutory procedures for the collection of child support do not apply to all persons owing child support. In order to further insure that child support obligations are met, this act establishes a program by which certain licenses may be suspended, not issued, or not renewed if a person is one hundred eighty days or more in arrears on child support payments. With this program, it is the intent of the legislature to provide a strong incentive for persons owing support to make timely payments, and to cooperate with the department of social and health services to establish an appropriate schedule for the payment of any arrears. In addition, the legislature finds that disputes over child visitation comprises an often-cited reason why child support is unpaid. It is the intent of the legislature to include custodial parents who deny visitation as persons subject to license suspension, nonrenewal, and denial.

             In the implementation and management of this program, it is the legislature's intent that the objective of the department of social and health services be to obtain payment in full of arrears, or where that is not possible, to enter into agreements with delinquent obligors to make timely support payments and make reasonable payments towards the arrears. The legislature intends that if the obligor refuses to cooperate in establishing a fair and reasonable payment schedule for arrears, or if such payment schedule would cause a substantial hardship, or refuses to make timely support payments, the department shall proceed with certification to a licensing entity or the department of licensing that the person is not in compliance with a child support order.


             NEW SECTION. Sec. 2. A new section is added to chapter 74.20A RCW to read as follows:

             (1) As used in this section, unless the context indicates otherwise, the following terms have the following meanings.

             (a) "Licensing entity" includes any department, board, commission, or other organization of the state authorized to issue, renew, suspend, or revoke a license authorizing an individual to engage in a business, occupation, profession, industry, or the operation of a motor vehicle, and includes the Washington state supreme court, to the extent that a rule has been adopted by the court to implement suspension of licenses related to the practice of law.

             (b) "Noncompliance with a child support order" means a responsible parent has:

             (i) Accumulated arrears totaling more than six months of child support payments;

             (ii) Failed to make payments pursuant to a written agreement with the department towards a support arrearage in an amount that exceeds six months of payments; or

             (iii) Failed to make payments required by a superior court order or administrative order towards a support arrearage in an amount that exceeds six months of payments.

             (c) "License" means a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, industry, or the operation of a motor vehicle.

             (d) "Licensee" means any individual holding a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, industry, or the operation of a motor vehicle.

             (2) The department may serve upon a responsible parent a notice informing the responsible parent of the department's intent to submit the parent's name to the department of licensing and any appropriate licensing entity as a licensee who is not in compliance with a child support order. The department shall attach a copy of the responsible parent's child support order to the notice. Service of the notice must be by certified mail, return receipt requested. If, after seven mailing days, the department does not receive a return receipt, service shall be by personal service.

             (3) Before issuing a notice of noncompliance with a support order under this section, the department shall employ other support enforcement mechanisms for at least two months and for as long as the department is receiving funds in an amount sufficient to ensure the payment of current support and a reasonable amount towards the support debt.

             (4) The notice of noncompliance must include the address and telephone number of the department's division of child support office that issues the notice and must inform the responsible parent that:

             (a) The parent may request an adjudicative proceeding to contest the issue of compliance. The only issues that may be considered at the adjudicative proceeding are whether the parent is required to pay child support under a child support order, whether the parent is in compliance with that order, and whether the responsible parent has shown that suspension or not issuing or not renewing a license would create a substantial hardship to the responsible parent, to the responsible parent's employees, to legal dependents residing in the responsible parent's household, or to persons, businesses, or other entities served by the responsible parent;

             (b) A request for an adjudicative proceeding shall be in writing and must be received by the department within twenty days of the date of service of the notice;

             (c) If the parent requests an adjudicative proceeding within twenty days of service, the department will stay action to certify the parent to the department of licensing and any licensing entity for noncompliance with a child support order pending entry of a written decision after the adjudicative proceeding;

             (d) If the parent does not request an adjudicative proceeding within twenty days of service and remains in noncompliance with a child support order, the department will certify the parent's name to the department of licensing and any appropriate licensing entity for noncompliance with a child support order;

             (e) The department will stay action to certify the parent to the department of licensing and any licensing entity for noncompliance if the parent agrees to make timely payments of current support and agrees to a reasonable payment schedule for payment of the arrears. It is the parent's responsibility to contact in person or by mail the department's division of child support office indicated on the notice within twenty days of service of the notice to arrange for a payment schedule. The department may stay certification for up to thirty days after contact from a parent to arrange for a payment schedule;

             (f) If the department certifies the responsible parent to the department of licensing and a licensing entity for noncompliance with a child support order, the licensing entity will suspend, not renew, or not issue the parent's license and the department of licensing will suspend, not renew, or not issue any driver's license that the parent holds until the parent provides the department of licensing and the licensing entity with a written release from the department stating that the responsible parent is in compliance with the child support order;

             (g) Suspension of a license will affect insurability if the responsible parent's insurance policy excludes coverage for acts occurring after the suspension of a license;

             (h) If after receiving the notice of noncompliance with a child support order, the responsible parent files a motion to modify support with the court or requests the department to amend a support obligation established by an administrative decision, the department or the court shall, for up to one hundred eighty days, stay action to certify the parent to the department of licensing and any licensing entity for noncompliance with a child support order. If a motion for modification of a court or administrative order for child support is pending prior to service of the notice, any action to certify the parent to a licensing entity for noncompliance with a child support order shall be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification; and

             (i) If the responsible parent subsequently becomes in compliance with the child support order, the department will promptly provide the parent with a written release stating that the parent is in compliance with the order, and the parent may request that the licensing entity or the department of licensing reinstate the suspended license.

             (5) A responsible parent may request an adjudicative proceeding upon service of the notice described in subsection (2) of this section. The request for an adjudicative proceeding must be received by the department within twenty days of service. The request must be in writing and indicate the current mailing address and daytime phone number, if available, of the responsible parent. The proceedings under this subsection shall be conducted in accordance with the requirements of chapter 34.05 RCW. The issues that may be considered at the adjudicative proceeding are limited to whether the responsible parent is required to pay child support under a child support order, whether the responsible parent is in compliance with the order, and whether the responsible parent has shown that suspension or not issuing or not renewing a license would create a significant hardship to the responsible parent, to the responsible parent's employees, to legal dependents residing in the responsible parent's household, or to persons, businesses, or other entities served by the responsible parent.

             (6) The decision resulting from the adjudicative proceeding must be in writing and inform the responsible parent of all rights to review. The parent's copy of the decision may be sent by regular mail to the parent's most recent address of record.

             (7) If a responsible parent contacts the department's division of child support office indicated on the notice of noncompliance within twenty days of service of the notice and requests arrangement of a payment schedule, the department shall stay the certification of noncompliance during negotiation of the schedule for payment of arrears. In no event shall the stay continue for more than thirty days from the date of contact by the parent. The department shall establish a schedule for payment of arrears that is fair and reasonable, and that considers the financial situation of the responsible parent and whether the schedule for payment would create a significant hardship to the responsible parent, to the responsible parent's employees, to legal dependents residing in the responsible parent's household, or to persons, businesses, or other entities served by the responsible parent. At the end of the thirty days, if no payment schedule has been agreed to in writing, the responsible parent may file an application for an adjudicative hearing to determine a schedule for the payment of arrearages. The presiding officer shall apply the standards specified in this section to determine an appropriate arrearages payment schedule. The responsible parent may petition the superior court for a review of the administrative order establishing the arrearages payment schedule. The judicial review of the administrative hearing shall be de novo and the court shall apply the standards specified in this section in determining the appropriate arrearages payment schedule.

             (8) If a responsible parent timely requests an adjudicative proceeding to contest the issue of compliance, the department may not certify the name of the parent to the department of licensing or a licensing entity for noncompliance with a child support order unless the adjudicative proceeding results in a finding that the responsible parent is not in compliance with the order.

             (9) The department may certify in writing to the department of licensing and any appropriate licensing entity the name of a responsible parent who is not in compliance with a child support order if:

             (a) The responsible parent does not timely request an adjudicative proceeding upon service of a notice issued under subsection (2) of this section and is not in compliance with a child support order twenty-one days after service of the notice;

             (b) An adjudicative proceeding results in a decision that the responsible parent is not in compliance with a child support order; or

             (c) The court enters a judgment on a petition for judicial review that finds the responsible parent is not in compliance with a child support order.

             The department shall send by certified mail, return receipt requested a copy of any certification of noncompliance filed with the department of licensing or a licensing entity to the responsible parent at the responsible parent's most recent address of record.

             (10) The department of licensing and a licensing entity shall notify a responsible parent certified by the department under subsection (9) of this section, without undue delay, that the parent's driver's license or other license has been suspended because the parent's name has been certified by the department as a responsible parent who is not in compliance with a child support order.

             (11) When a responsible parent who is served notice under subsection (2) of this section subsequently complies with the child support order, the department shall promptly provide the parent with a written release stating that the responsible parent is in compliance with the order.

             (12) The department may adopt rules to implement and enforce the requirements of this section.

             (13) Nothing in this section prohibits a responsible parent from filing a motion to modify support with the court or from requesting the department to amend a support obligation established by an administrative decision. If there is a reasonable likelihood that the motion or request will significantly change the amount of the child support obligation, the department or the court may, for up to one hundred eighty days, stay action to certify the responsible parent to the department of licensing and any licensing entity for noncompliance with a child support order. If a motion for modification of a court or administrative order for child support is pending prior to service of the notice, any action to certify the parent to a licensing entity for noncompliance with a child support order shall be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification.

             (14) The department of licensing and a licensing entity may issue, renew, reinstate, or otherwise extend a license in accordance with the licensing entity's or the department of licensing's rules after the licensing entity or the department of licensing receives a copy of the written release specified in subsection (11) of this section. The department of licensing and a licensing entity may waive any applicable requirement for reissuance, renewal, or other extension if it determines that the imposition of that requirement places an undue burden on the person and that waiver of the requirement is consistent with the public interest.

             (15) Consistent with the intent of chapter . . ., Laws of 1996 (this act), the department shall develop rules and procedures for implementing the requirements of this section and applying the standards provided in this section. The department shall deliver a copy of these rules and procedures to the appropriate committees of the senate and the house of representatives no later than June 30, 1997.


             NEW SECTION. Sec. 3. A new section is added to chapter 74.20A RCW to read as follows:

             (1) The department of social and health services and all of the various licensing entities subject to section 2 of this act shall enter into such agreements as are necessary to carry out the requirements of the license suspension program established in section 2 of this act, but only to the extent the departments and the licensing entities determine it is cost-effective.

             (2) On or before January 1, 1997, and quarterly thereafter, the department of social and health services and all licensing entities subject to section 2 of this act shall perform a comparison of responsible parents who are not in compliance with a child support order, as defined in section 2 of this act, with all licensees subject to chapter . . ., Laws of 1996 (this act). The comparison may be conducted electronically, or by any other means that is jointly agreeable between the department and the particular licensing entity. The data shared shall be limited to those items necessary to implementation of chapter . . ., Laws of 1996 (this act). The purpose of the comparison shall be to identify current licensees who are not in compliance with a child support order, and to provide to the department of social and health services the following information regarding those licensees:

             (a) Name;

             (b) Date of birth;

             (c) Address of record;

             (d) Federal employer identification number or social security number;

             (e) Type of license;

             (f) Effective date of license or renewal;

             (g) Expiration date of license; and

             (h) Active or inactive status.


             NEW SECTION. Sec. 4. A new section is added to chapter 74.20A RCW to read as follows:

             In furtherance of the public policy of increasing collection of child support and to assist in evaluation of the program established in section 2 of this act, the department shall report the following to the legislature and the governor on December 1, 1997, and annually thereafter:

             (1) The number of responsible parents identified as licensees subject to section 2 of this act;

             (2) The number of responsible parents identified by the department as not in compliance with a child support order;

             (3) The number of notices of noncompliance served upon responsible parents by the department;

             (4) The number of responsible parents served a notice of noncompliance who request an adjudicative proceeding;

             (5) The number of adjudicative proceedings held, and the results of the adjudicative proceedings;

             (6) The number of responsible parents certified to the department of licensing or licensing entities for noncompliance with a child support order, and the type of license the parents held;

             (7) The costs incurred in the implementation and enforcement of section 2 of this act and an estimate of the amount of child support collected due to the departments under section 2 of this act;

             (8) Any other information regarding this program that the department feels will assist in evaluation of the program;

             (9) Recommendations for the addition of specific licenses in the program or exclusion of specific licenses from the program, and reasons for such recommendations; and

             (10) Any recommendations for statutory changes necessary for the cost-effective management of the program.


             Sec. 5. RCW 46.20.291 and 1993 c 501 s 4 are each amended to read as follows:

             The department is authorized to suspend the license of a driver upon a showing by its records or other sufficient evidence that the licensee:

             (1) Has committed an offense for which mandatory revocation or suspension of license is provided by law;

             (2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any person or serious property damage;

             (3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways;

             (4) Is incompetent to drive a motor vehicle under RCW 46.20.031(3); ((or))

             (5) Has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289; ((or))

             (6) Has committed one of the prohibited practices relating to drivers' licenses defined in RCW 46.20.336; or

             (7) Has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act.


             Sec. 6. RCW 46.20.311 and 1995 c 332 s 11 are each amended to read as follows:

             (1) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.342 or other provision of law. Except for a suspension under RCW 46.20.289 and 46.20.291(5), whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order as provided in section 107 of this act, the suspension shall remain in effect until the person provides a written release issued by the department of social and health services or a court stating that the person is in compliance with the order. The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be fifty dollars.

             (2) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (a) After the expiration of one year from the date the license or privilege to drive was revoked; (b) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (c) after the expiration of two years for persons convicted of vehicular homicide; or (d) after the expiration of the applicable revocation period provided by RCW 46.20.265. After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars, but if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.

             (3) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (a) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (b) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be fifty dollars.


             NEW SECTION. Sec. 7. A new section is added to chapter 48.22 RCW to read as follows:

             A motor vehicle liability insurance policy that contains any provision excluding insurance coverage for an unlicensed driver shall not apply for ninety days from the date of suspension in the event that the department of licensing suspends a driver's license solely for the nonpayment of child support as provided in chapter 74.20A RCW or for noncompliance with a residential or visitation order as provided in chapter 26.09 RCW.


             NEW SECTION. Sec. 8. ATTORNEYS. The legislature intends that the license suspension program established in chapter 74.20A RCW be implemented fairly to ensure that child support obligations are met. However, being mindful of the separations of powers and responsibilities among the branches of government, the legislature strongly encourages the state supreme court to adopt rules providing for suspension and denial of licenses related to the practice of law to those individuals who are in noncompliance with a support order.


             NEW SECTION. Sec. 9. A new section is added to chapter 2.48 RCW to read as follows:

             ATTORNEYS. The Washington state supreme court may provide by rule that no person who has been certified by the department of social and health services as a person who is in noncompliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be admitted to the practice of law in this state, and that any member of the Washington state bar association who has been certified by the department of social and health services as a person who is in noncompliance with a support order as provided in section 2 of this act or by a court as in noncompliance with a residential or visitation order under section 107 of this act shall be immediately suspended from membership. The court's rules may provide for review of an application for admission or reinstatement of membership after the department of social and health services or a court has issued a written release stating that the person is in compliance with the order.


             NEW SECTION. Sec. 10. A new section is added to chapter 18.04 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate of "certified public accountant." The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate under this chapter after the person provides the board a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The board shall immediately suspend the certificate or license of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 11. RCW 18.04.335 and 1992 c 103 s 13 are each amended to read as follows:

             (1) Upon application in writing and after hearing pursuant to notice, the board may:

             (((1))) (a) Modify the suspension of, or reissue a certificate or license to, an individual whose certificate has been revoked or suspended; or

             (((2))) (b) Modify the suspension of, or reissue a license to a firm whose license has been revoked, suspended, or which the board has refused to renew.

             (2) In the case of suspension for failure to comply with a support order under chapter 74.20A RCW, or a residential or visitation order as provided in section 107 of this act if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a certificate or license shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the individual is in compliance with the order.


             Sec. 12. RCW 18.08.350 and 1993 c 475 s 1 are each amended to read as follows:

             (1) Except as provided in section 14 of this act, a certificate of registration shall be granted by the director to all qualified applicants who are certified by the board as having passed the required examination and as having given satisfactory proof of completion of the required experience.

             (2) Applications for examination shall be filed as the board prescribes by rule. The application and examination fees shall be determined by the director under RCW 43.24.086.

             (3) An applicant for registration as an architect shall be of a good moral character, at least eighteen years of age, and shall possess any of the following qualifications:

             (a) Have an accredited architectural degree and three years' practical architectural work experience approved by the board, which may include designing buildings as a principal activity. At least two years' work experience must be supervised by an architect with detailed professional knowledge of the work of the applicant;

             (b) Have eight years' practical architectural work experience approved by the board. Each year spent in an accredited architectural program approved by the board shall be considered one year of practical experience. At least four years' practical work experience shall be under the direct supervision of an architect; or

             (c) Be a person who has been designing buildings as a principal activity for eight years, or has an equivalent combination of education and experience, but who was not registered under chapter 323, Laws of 1959, as amended, as it existed before July 28, 1992, provided that application is made within four years after July 28, 1992. Nothing in this chapter prevents such a person from designing buildings for four years after July 28, 1992, or the five-year period allowed for completion of the examination process, after that person has applied for registration. A person who has been designing buildings and is qualified under this subsection shall, upon application to the board of registration for architects, be allowed to take the examination for architect registration on an equal basis with other applicants.


             Sec. 13. RCW 18.08.350 and 1993 c 475 s 2 are each amended to read as follows:

             (1) Except as provided in section 14 of this act, a certificate of registration shall be granted by the director to all qualified applicants who are certified by the board as having passed the required examination and as having given satisfactory proof of completion of the required experience.

             (2) Applications for examination shall be filed as the board prescribes by rule. The application and examination fees shall be determined by the director under RCW 43.24.086.

             (3) An applicant for registration as an architect shall be of a good moral character, at least eighteen years of age, and shall possess any of the following qualifications:

             (a) Have an accredited architectural degree and three years' practical architectural work experience approved by the board, which may include designing buildings as a principal activity. At least two years' work experience must be supervised by an architect with detailed professional knowledge of the work of the applicant; or

             (b) Have eight years' practical architectural work experience approved by the board. Each year spent in an accredited architectural program approved by the board shall be considered one year of practical experience. At least four years' practical work experience shall be under the direct supervision of an architect.


             NEW SECTION. Sec. 14. A new section is added to chapter 18.08 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of registration under this chapter after the person provides the board a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The board shall immediately suspend the certificate of registration or certificate of authorization to practice architecture of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet other requirements for reinstatement during the suspension, reissuance of the certificate shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the individual is in compliance with the order.


             Sec. 15. RCW 18.11.160 and 1986 c 324 s 12 are each amended to read as follows:

             (1) No license shall be issued by the department to any person who has been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy, fraud, theft, receiving stolen goods, unlawful issuance of checks or drafts, or other similar offense, or to any partnership of which the person is a member, or to any association or corporation of which the person is an officer or in which as a stockholder the person has or exercises a controlling interest either directly or indirectly.

             (2) No license may be issued by the department to any person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the board a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (3) The following shall be grounds for denial, suspension, or revocation of a license, or imposition of an administrative fine by the department:

             (a) Misrepresentation or concealment of material facts in obtaining a license;

             (b) Underreporting to the department of sales figures so that the auctioneer or auction company surety bond is in a lower amount than required by law;

             (c) Revocation of a license by another state;

             (d) Misleading or false advertising;

             (e) A pattern of substantial misrepresentations related to auctioneering or auction company business;

             (f) Failure to cooperate with the department in any investigation or disciplinary action;

             (g) Nonpayment of an administrative fine prior to renewal of a license;

             (h) Aiding an unlicensed person to practice as an auctioneer or as an auction company; and

             (i) Any other violations of this chapter.

             (4) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 16. RCW 18.16.100 and 1991 c 324 s 6 are each amended to read as follows:

             (1) Upon payment of the proper fee, except as provided in section 17 of this act the director shall issue the appropriate license to any person who:

             (a) Is at least seventeen years of age or older;

             (b) Has completed and graduated from a course approved by the director of sixteen hundred hours of training in cosmetology, one thousand hours of training in barbering, five hundred hours of training in manicuring, five hundred hours of training in esthetics, and/or five hundred hours of training as an instructor-trainee; and

             (c) Has received a passing grade on the appropriate licensing examination approved or administered by the director.

             (2) A person currently licensed under this chapter may qualify for examination and licensure, after the required examination is passed, in another category if he or she has completed the crossover training course approved by the director.

             (3) Upon payment of the proper fee, the director shall issue a salon/shop license to the operator of a salon/shop if the salon/shop meets the other requirements of this chapter as demonstrated by information submitted by the operator.

             (4) The director may consult with the state board of health and the department of labor and industries in establishing training and examination requirements.


             NEW SECTION. Sec. 17. A new section is added to chapter 18.16 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 18. A new section is added to chapter 18.20 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 19. RCW 18.27.030 and 1992 c 217 s 1 are each amended to read as follows:

             (1) An applicant for registration as a contractor shall submit an application under oath upon a form to be prescribed by the director and which shall include the following information pertaining to the applicant:

             (a) Employer social security number.

             (b) As applicable: (i) The industrial insurance account number covering employees domiciled in Washington; and (ii) evidence of workers' compensation coverage in the applicant's state of domicile for the applicant's employees working in Washington who are not domiciled in Washington.

             (c) Employment security department number.

             (d) State excise tax registration number.

             (e) Unified business identifier (UBI) account number may be substituted for the information required by (b), (c), and (d) of this subsection.

             (f) Type of contracting activity, whether a general or a specialty contractor and if the latter, the type of specialty.

             (g) The name and address of each partner if the applicant be a firm or partnership, or the name and address of the owner if the applicant be an individual proprietorship, or the name and address of the corporate officers and statutory agent, if any, if the applicant be a corporation. The information contained in such application shall be a matter of public record and open to public inspection.

             (2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(b) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington.

             (3) Registration shall be denied if the applicant has been previously registered as a sole proprietor, partnership or corporation, and was a principal or officer of the corporation, and if the applicant has an unsatisfied final judgment in an action based on RCW 18.27.040 that incurred during a previous registration under this chapter.

             (4) Registration shall be denied if the applicant has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed and the person may be registered under this chapter if the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 20. RCW 18.27.060 and 1983 1st ex.s. c 2 s 19 are each amended to read as follows:

             (1) A certificate of registration shall be valid for one year and shall be renewed on or before the expiration date. The department shall issue to the applicant a certificate of registration upon compliance with the registration requirements of this chapter.

             (2) If the department approves an application, it shall issue a certificate of registration to the applicant. The certificate shall be valid for:

             (a) One year;

             (b) Until the bond expires; or

             (c) Until the insurance expires, whichever comes first. The department shall place the expiration date on the certificate.

             (3) A contractor may supply a short-term bond or insurance policy to bring its registration period to the full one year.

             (4) If a contractor's surety bond or other security has an unsatisfied judgment against it or is canceled, or if the contractor's insurance policy is canceled, the contractor's registration shall be automatically suspended on the effective date of the impairment or cancellation. The department shall give notice of the suspension to the contractor.

             (5) The department shall immediately suspend the certificate of registration of a contractor who has been certified by the department of social and health services as a person who either (a) is not in compliance with a support order as provided in section 2 of this act, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. The certificate of registration shall not be reissued or renewed unless the person provides to the department a written release from the department of social and health services or a court stating that he or she is in compliance with the order and the person has continued to meet all other requirements for certification during the suspension.


             Sec. 21. RCW 18.28.060 and 1979 c 156 s 3 are each amended to read as follows:

             Except as provided in section 22 of this act, the director shall issue a license to an applicant if the following requirements are met:

             (1) The application is complete and the applicant has complied with RCW 18.28.030.

             (2) Neither an individual applicant, nor any of the applicant's members if the applicant is a partnership or association, nor any of the applicant's officers or directors if the applicant is a corporation: (a) Has ever been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any other like offense, or has been disbarred from the practice of law; (b) has participated in a violation of this chapter or of any valid rules, orders or decisions of the director promulgated under this chapter; (c) has had a license to engage in the business of debt adjusting revoked or removed for any reason other than for failure to pay licensing fees in this or any other state; or (d) is an employee or owner of a collection agency, or process serving business.

             (3) An individual applicant is at least eighteen years of age.

             (4) An applicant which is a partnership, corporation, or association is authorized to do business in this state.

             (5) An individual applicant for an original license as a debt adjuster has passed an examination administered by the director, which examination may be oral or written, or partly oral and partly written, and shall be practical in nature and sufficiently thorough to ascertain the applicant's fitness. Questions on bookkeeping, credit adjusting, business ethics, agency, contracts, debtor and creditor relationships, trust funds and the provisions of this chapter shall be included in the examination. No applicant may use any books or other similar aids while taking the examination, and no applicant may take the examination more than three times in any twelve month period.


             NEW SECTION. Sec. 22. A new section is added to chapter 18.28 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 23. RCW 18.39.181 and 1986 c 259 s 65 are each amended to read as follows:

             The director shall have the following powers and duties:

             (1) To issue all licenses provided for under this chapter;

             (2) To annually renew licenses under this chapter;

             (3) To collect all fees prescribed and required under this chapter; ((and))

             (4) To deny issuing or immediately suspend the license of a person who has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order; and

             (5) To keep general books of record of all official acts, proceedings, and transactions of the department of licensing while acting under this chapter.


             NEW SECTION. Sec. 24. A new section is added to chapter 18.39 RCW to read as follows:

             (1) In the case of a person who has been denied the issuance of a license under this chapter because the person was certified either (a) by the department of social and health services as a person who is not in compliance with section 2 of this act or (b) by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act, the application of that person may be reviewed by the director for issuance of a license after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) In the case of suspension for failure to comply with a support order under chapter 74.20A RCW or a residential or visitation order under chapter 26.09 RCW, if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the individual is in compliance with the order.


             NEW SECTION. Sec. 25. A new section is added to chapter 18.43 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of registration under this chapter after the person provides the board a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The board shall immediately suspend the registration of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for membership during the suspension, reissuance of the certificate of registration shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             NEW SECTION. Sec. 26. A new section is added to chapter 18.44 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of registration under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the certificate of registration of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 27. RCW 18.46.050 and 1991 c 3 s 101 are each amended to read as follows:

             (1) The department may deny, suspend, or revoke a license in any case in which it finds that there has been failure or refusal to comply with the requirements established under this chapter or the rules adopted under it.

             (2) The department shall deny a license in any case where the applicant has been certified under section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (3) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.


             Sec. 28. RCW 18.51.054 and 1989 c 372 s 7 are each amended to read as follows:

             The department may deny a license to any applicant if the department finds that the applicant or any partner, officer, director, managerial employee, or owner of five percent or more of the applicant:

             (1) Operated a nursing home without a license or under a revoked or suspended license; or

             (2) Knowingly or with reason to know made a false statement of a material fact (a) in an application for license or any data attached thereto, or (b) in any matter under investigation by the department; or

             (3) Refused to allow representatives or agents of the department to inspect (a) all books, records, and files required to be maintained or (b) any portion of the premises of the nursing home; or

             (4) Willfully prevented, interfered with, or attempted to impede in any way (a) the work of any authorized representative of the department or (b) the lawful enforcement of any provision of this chapter or chapter 74.42 RCW; or

             (5) Has a history of significant noncompliance with federal or state regulations in providing nursing home care. In deciding whether to deny a license under this section, the factors the department considers shall include the gravity and frequency of the noncompliance; or

             (6) Has been certified pursuant to section 2 of this act by the department of social and health services, division of child support, as a person who is not in compliance with a support order, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services, division of child support, or a court stating that the person is in compliance with the order.


             NEW SECTION. Sec. 29. A new section is added to chapter 18.51 RCW to read as follows:

             The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services, division of support, as a person who is not in compliance with a child support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the division of child support or a court stating that the person is in compliance with the order.


             NEW SECTION. Sec. 30. A new section is added to chapter 18.76 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the certification of a poison center medical director or a poison information specialist who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certification shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             NEW SECTION. Sec. 31. A new section is added to chapter 18.85 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a broker's or salesperson's license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend the license of a broker or salesperson who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             NEW SECTION. Sec. 32. A new section is added to chapter 18.96 RCW to read as follows:

             No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate under this chapter after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 33. RCW 18.96.120 and 1969 ex.s. c 158 s 12 are each amended to read as follows:

             (1) The director may refuse to renew, or may suspend or revoke, a certificate of registration to use the titles landscape architect, landscape architecture, or landscape architectural in this state upon the following grounds:

             (((1))) (a) The holder of the certificate of registration is impersonating a practitioner or former practitioner.

             (((2))) (b) The holder of the certificate of registration is guilty of fraud, deceit, gross negligence, gross incompetency or gross misconduct in the practice of landscape architecture.

             (((3))) (c) The holder of the certificate of registration permits his seal to be affixed to any plans, specifications or drawings that were not prepared by him or under his personal supervision by employees subject to his direction and control.

             (((4))) (d) The holder of the certificate has committed fraud in applying for or obtaining a certificate.

             (2) The director shall immediately suspend the certificate of registration of a landscape architect who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of registration shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 34. RCW 18.96.150 and 1993 c 35 s 6 are each amended to read as follows:

             Except as provided in section 32 of this act, the director shall issue a certificate of registration upon payment of the registration fee as provided in this chapter to any applicant who has satisfactorily met all requirements for registration. All certificates of registration shall show the full name of the registrant, shall have a serial number and shall be signed by the chairman and the executive secretary of the board, and by the director.

             Each registrant shall obtain a seal of a design authorized by the board, bearing the registrant's name and the legend, "registered landscape architect". All sheets of drawings and title pages of specifications prepared by the registrant shall be stamped with said seal.


             NEW SECTION. Sec. 35. A new section is added to chapter 18.104 RCW to read as follows:

             No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 36. RCW 18.104.110 and 1993 c 387 s 18 are each amended to read as follows:

             (1) In cases other than those relating to the failure of a licensee to renew a license, the director may suspend or revoke a license issued pursuant to this chapter for any of the following reasons:

             (((1))) (a) For fraud or deception in obtaining the license;

             (((2))) (b) For fraud or deception in reporting under RCW 18.104.050;

             (((3))) (c) For violating the provisions of this chapter, or of any lawful rule or regulation of the department or the department of health.

             (2) The director shall immediately suspend any license issued under this chapter if the holder of the license either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (3) No license shall be suspended for more than six months, except that a suspension under section 2 or 107 of this act shall continue until the department receives a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (4) No person whose license is revoked shall be eligible to apply for a license for one year from the effective date of the final order of revocation.


             Sec. 37. RCW 18.106.070 and 1985 c 465 s 1 are each amended to read as follows:

             (1) Except as provided in section 38 of this act, the department shall issue a certificate of competency to all applicants who have passed the examination and have paid the fee for the certificate. The certificate shall bear the date of issuance, and shall expire on the birthdate of the holder immediately following the date of issuance. The certificate shall be renewable every other year, upon application, on or before the birthdate of the holder. A renewal fee shall be assessed for each certificate. If a person fails to renew the certificate by the renewal date, he or she must pay a doubled fee. If the person does not renew the certificate within ninety days of the renewal date, he or she must retake the examination and pay the examination fee.

             The certificate of competency and the temporary permit provided for in this chapter grant the holder the right to engage in the work of plumbing as a journeyman plumber or specialty plumber in accordance with their provisions throughout the state and within any of its political subdivisions on any job or any employment without additional proof of competency or any other license or permit or fee to engage in the work. This section does not preclude employees from adhering to a union security clause in any employment where such a requirement exists.

             (2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the plumbing construction trade or who is learning the plumbing construction trade may work in the plumbing construction trade if supervised by a certified journeyman plumber or a certified specialty plumber in that plumber's specialty. All apprentices and individuals learning the plumbing construction trade shall obtain a plumbing training certificate from the department. The certificate shall authorize the holder to learn the plumbing construction trade while under the direct supervision of a journeyman plumber or a specialty plumber working in his or her specialty. The holder of the plumbing training certificate shall renew the certificate annually. At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the plumbing construction industry for the previous year and the number of hours worked for each employer. An annual fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover but not exceed the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices and individuals learning the plumbing construction trade shall have their plumbing training certificates in their possession at all times that they are performing plumbing work. They shall show their certificates to an authorized representative of the department at the representative's request.

             (3) Any person who has been issued a plumbing training certificate under this chapter may work if that person is under supervision. Supervision shall consist of a person being on the same job site and under the control of either a journeyman plumber or an appropriate specialty plumber who has an applicable certificate of competency issued under this chapter. Either a journeyman plumber or an appropriate specialty plumber shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. The ratio of noncertified individuals to certified journeymen or specialty plumbers working on a job site shall be: (a) From July 28, 1985, through June 30, 1988, not more than three noncertified plumbers working on any one job site for every certified journeyman or specialty plumber; (b) effective July 1, 1988, not more than two noncertified plumbers working on any one job site for every certified specialty plumber or journeyman plumber working as a specialty plumber; and (c) effective July 1, 1988, not more than one noncertified plumber working on any one job site for every certified journeyman plumber working as a journeyman plumber.

             An individual who has a current training certificate and who has successfully completed or is currently enrolled in an approved apprenticeship program or in a technical school program in the plumbing construction trade in a school approved by the ((commission for vocational education)) work force training and education coordinating board, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter.


             NEW SECTION. Sec. 38. A new section is added to chapter 18.106 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate of competency under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of competency under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend any certificate of competency issued under this chapter if the holder of the certificate either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of competency shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             NEW SECTION. Sec. 39. A new section is added to chapter 18.130 RCW to read as follows:

             The disciplining authority shall immediately suspend the license of any person subject to this chapter who either (1) has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or (2) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order.


             Sec. 40. RCW 18.130.050 and 1995 c 336 s 4 are each amended to read as follows:

             The disciplining authority has the following authority:

             (1) To adopt, amend, and rescind such rules as are deemed necessary to carry out this chapter;

             (2) To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings as provided in this chapter;

             (3) To issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under this chapter;

             (4) To take or cause depositions to be taken and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this chapter;

             (5) To compel attendance of witnesses at hearings;

             (6) In the course of investigating a complaint or report of unprofessional conduct, to conduct practice reviews;

             (7) To take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice pending proceedings by the disciplining authority;

             (8) To use a presiding officer as authorized in RCW 18.130.095(3) or the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. The disciplining authority shall make the final decision regarding disposition of the license unless the disciplining authority elects to delegate in writing the final decision to the presiding officer;

             (9) To use individual members of the boards to direct investigations. However, the member of the board shall not subsequently participate in the hearing of the case;

             (10) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;

             (11) To contract with licensees or other persons or organizations to provide services necessary for the monitoring and supervision of licensees who are placed on probation, whose professional activities are restricted, or who are for any authorized purpose subject to monitoring by the disciplining authority;

             (12) To adopt standards of professional conduct or practice;

             (13) To grant or deny license applications, and in the event of a finding of unprofessional conduct by an applicant or license holder, to impose any sanction against a license applicant or license holder provided by this chapter;

             (14) To designate individuals authorized to sign subpoenas and statements of charges;

             (15) To establish panels consisting of three or more members of the board to perform any duty or authority within the board's jurisdiction under this chapter;

             (16) To review and audit the records of licensed health facilities' or services' quality assurance committee decisions in which a licensee's practice privilege or employment is terminated or restricted. Each health facility or service shall produce and make accessible to the disciplining authority the appropriate records and otherwise facilitate the review and audit. Information so gained shall not be subject to discovery or introduction into evidence in any civil action pursuant to RCW 70.41.200(3);

             (17) To immediately suspend the license of a person who either (a) has been certified by the department of social and health services as not in compliance with a support order as provided in section 2 of this act, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order.


             Sec. 41. RCW 18.130.120 and 1984 c 279 s 12 are each amended to read as follows:

             The department shall not issue any license to any person whose license has been denied, revoked, or suspended by the disciplining authority except in conformity with the terms and conditions of the certificate or order of denial, revocation, or suspension, or in conformity with any order of reinstatement issued by the disciplining authority, or in accordance with the final judgment in any proceeding for review instituted under this chapter.

             The department shall not issue a license to a person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act. The license may be issued after the person provides the department a written release from the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 42. RCW 18.130.150 and 1984 c 279 s 15 are each amended to read as follows:

             A person whose license has been suspended or revoked under this chapter may petition the disciplining authority for reinstatement after an interval as determined by the disciplining authority in the order. The disciplining authority shall hold hearings on the petition and may deny the petition or may order reinstatement and impose terms and conditions as provided in RCW 18.130.160 and issue an order of reinstatement. The disciplining authority may require successful completion of an examination as a condition of reinstatement.

             A person whose license has been suspended for noncompliance with a support order under section 2 of this act or for noncompliance with a residential or visitation order under chapter 26.09 RCW may petition for reinstatement at any time by providing the disciplining authority a written release issued by the department of social and health services or a court stating that the person is in compliance with the order. If the person has continued to meet all other requirements for reinstatement during the suspension, the disciplining authority shall automatically reissue the person's license upon receipt of the release, and payment of a reinstatement fee, if any.


             NEW SECTION. Sec. 43. A new section is added to chapter 18.140 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend any license or certificate issued under this chapter if the holder either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 44. RCW 18.145.080 and 1995 c 269 s 504 and 1995 c 27 s 8 are each reenacted and amended to read as follows:

              Except as provided in section 45 of this act, the department shall issue a certificate to any applicant who meets the standards established under this chapter and who:

             (1) Is holding one of the following:

             (a) Certificate of proficiency, registered professional reporter, registered merit reporter, or registered diplomate reporter from [the] national court reporters association;

             (b) Certificate of proficiency or certificate of merit from [the] national stenomask verbatim reporters association; or

             (c) A current Washington state court reporter certification; or

             (2) Has passed an examination approved by the director or an examination that meets or exceeds the standards established by the director.


             NEW SECTION. Sec. 45. A new section is added to chapter 18.145 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend any certificate issued under this chapter if the holder either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 46. RCW 18.160.080 and 1990 c 177 s 10 are each amended to read as follows:

             (1) The state director of fire protection may refuse to issue or renew or may suspend or revoke the privilege of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder to engage in the fire protection sprinkler system business or in lieu thereof, establish penalties as prescribed by Washington state law, for any of the following reasons:

             (a) Gross incompetency or gross negligence in the preparation of technical drawings, installation, repair, alteration, maintenance, inspection, service, or addition to fire protection sprinkler systems;

             (b) Conviction of a felony;

             (c) Fraudulent or dishonest practices while engaging in the fire protection sprinkler systems business;

             (d) Use of false evidence or misrepresentation in an application for a license or certificate of competency;

             (e) Permitting his or her license to be used in connection with the preparation of any technical drawings which have not been prepared by him or her personally or under his or her immediate supervision, or in violation of this chapter; or

             (f) Knowingly violating any provisions of this chapter or the regulations issued thereunder.

             (2) The state director of fire protection shall revoke the license of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder who engages in the fire protection sprinkler system business while the license or certificate of competency is suspended.

             (3) The state director of fire protection shall refuse to issue or immediately suspend any license or certificate issued under this chapter if the holder either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for issuance or reinstatement during the suspension, issuance or reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (4) Any licensee or certificate of competency holder who is aggrieved by an order of the state director of fire protection suspending or revoking a license may, within thirty days after notice of such suspension or revocation, appeal under chapter 34.05 RCW.


             Sec. 47. RCW 18.165.160 and 1995 c 277 s 34 are each amended to read as follows:

             The following acts are prohibited and constitute grounds for disciplinary action, assessing administrative penalties, or denial, suspension, or revocation of any license under this chapter, as deemed appropriate by the director:

             (1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;

             (2) Knowingly making a material misstatement or omission in the application for or renewal of a license or firearms certificate, including falsifying requested identification information;

             (3) Not meeting the qualifications set forth in RCW 18.165.030, 18.165.040, or 18.165.050;

             (4) Failing to return immediately on demand a firearm issued by an employer;

             (5) Carrying a firearm in the performance of his or her duties if not the holder of a valid armed private investigator license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her duties;

             (6) Failing to return immediately on demand company identification, badges, or other items issued to the private investigator by an employer;

             (7) Making any statement that would reasonably cause another person to believe that the private investigator is a sworn peace officer;

             (8) Divulging confidential information obtained in the course of any investigation to which he or she was assigned;

             (9) Acceptance of employment that is adverse to a client or former client and relates to a matter about which a licensee has obtained confidential information by reason of or in the course of the licensee's employment by the client;

             (10) Conviction of a gross misdemeanor or felony or the commission of any act involving moral turpitude, dishonesty, or corruption whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended;

             (11) Advertising that is false, fraudulent, or misleading;

             (12) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;

             (13) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

             (14) Failure to cooperate with the director by:

             (a) Not furnishing any necessary papers or documents requested by the director for purposes of conducting an investigation for disciplinary action, denial, suspension, or revocation of a license under this chapter;

             (b) Not furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with the department; or

             (c) Not responding to subpoenas issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding;

             (15) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the director;

             (16) Aiding or abetting an unlicensed person to practice if a license is required;

             (17) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

             (18) Failure to adequately supervise employees to the extent that the public health or safety is at risk;

             (19) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the director or the director's authorized representative, or by the use of threats or harassment against any client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

             (20) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.165.050;

             (21) Assisting a client to locate, trace, or contact a person when the investigator knows that the client is prohibited by any court order from harassing or contacting the person whom the investigator is being asked to locate, trace, or contact, as it pertains to domestic violence, stalking, or minor children;

             (22) Failure to maintain bond or insurance; ((or))

             (23) Failure to have a qualifying principal in place; or

             (24) Being certified as not in compliance with a support order as provided in section 2 of this act or not in compliance with a residential or visitation order under section 107 of this act.


             NEW SECTION. Sec. 48. A new section is added to chapter 18.165 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend a license issued under this chapter if the holder either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 49. RCW 18.170.170 and 1995 c 277 s 12 are each amended to read as follows:

             In addition to the provisions of section 50 of this act, the following acts are prohibited and constitute grounds for disciplinary action, assessing administrative penalties, or denial, suspension, or revocation of any license under this chapter, as deemed appropriate by the director:

             (1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;

             (2) Practicing fraud, deceit, or misrepresentation in any of the private security activities covered by this chapter;

             (3) Knowingly making a material misstatement or omission in the application for a license or firearms certificate;

             (4) Not meeting the qualifications set forth in RCW 18.170.030, 18.170.040, or 18.170.060;

             (5) Failing to return immediately on demand a firearm issued by an employer;

             (6) Carrying a firearm in the performance of his or her duties if not the holder of a valid armed private security guard license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her duties;

             (7) Failing to return immediately on demand any uniform, badge, or other item of equipment issued to the private security guard by an employer;

             (8) Making any statement that would reasonably cause another person to believe that the private security guard is a sworn peace officer;

             (9) Divulging confidential information that may compromise the security of any premises, or valuables shipment, or any activity of a client to which he or she was assigned;

             (10) Conviction of a gross misdemeanor or felony or the commission of any act involving moral turpitude, dishonesty, or corruption whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended;

             (11) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof;

             (12) Advertising that is false, fraudulent, or misleading;

             (13) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;

             (14) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

             (15) Failure to cooperate with the director by:

             (a) Not furnishing any necessary papers or documents requested by the director for purposes of conducting an investigation for disciplinary action, denial, suspension, or revocation of a license under this chapter;

             (b) Not furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with the department; or

             (c) Not responding to subpoenas issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding;

             (16) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the disciplining authority;

             (17) Aiding or abetting an unlicensed person to practice if a license is required;

             (18) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

             (19) Failure to adequately supervise employees to the extent that the public health or safety is at risk;

             (20) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the director or the director's authorized representative, or by the use of threats or harassment against a client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

             (21) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.170.060;

             (22) Failure to maintain insurance; and

             (23) Failure to have a qualifying principal in place.


             NEW SECTION. Sec. 50. A new section is added to chapter 18.170 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend any license issued under this chapter if the holder either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             NEW SECTION. Sec. 51. A new section is added to chapter 18.175 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of registration after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend a certificate of registration issued under this chapter if the holder either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             NEW SECTION. Sec. 52. A new section is added to chapter 18.185 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend any license issued under this chapter if the holder either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 53. RCW 43.20A.205 and 1989 c 175 s 95 are each amended to read as follows:

             This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department.

             (1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in ((an other)) another manner that shows proof of receipt.

             (2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.

             (a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.

             (b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.

             (c) When the department has received certification pursuant to either (i) chapter 74.20A RCW from the division of child support that the licensee is a person who is not in compliance with a support order or (ii) chapter 26.09 RCW by a court that the licensee is not in compliance with a residential or visitation order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

             (3) Except for licensees suspended for noncompliance with a support order under chapter 74.20A RCW or a residential or visitation order under chapter 26.09 RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

             (4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.

             (b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.


             NEW SECTION. Sec. 54. A new section is added to chapter 28A.410 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate or permit under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate or permit after the person provides the authority authorized to grant the certificate or permit a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) Any certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be suspended by the authority authorized to grant the certificate or permit if (a) either the department of social and health services certifies that the person is not in compliance with a support order as provided in section 2 of this act or (b) a court certifies that the person is not in compliance with a residential or visitation order under chapter 26.09 RCW. If the person continues to meet other requirements for reinstatement during the suspension, reissuance of the certificate or permit shall be automatic after the person provides the authority a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 55. RCW 43.70.115 and 1991 c 3 s 377 are each amended to read as follows:

             This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department. This section does not govern actions taken under chapter 18.130 RCW.

             (1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in ((an other [another])) another manner that shows proof of receipt.

             (2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.

             (a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.

             (b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.

             (c) When the department has received certification pursuant to either (i) chapter 74.20A RCW from the department of social and health services that the licensee is a person who is not in compliance with a child support order or (ii) chapter 26.09 RCW from a court that the licensee is a person who is not in compliance with a residential or visitation order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

             (3) Except for licensees suspended for noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order under chapter 26.09 RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

             (4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.

             (b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.


             Sec. 56. RCW 19.28.120 and 1992 c 217 s 2 are each amended to read as follows:

             (1) It is unlawful for any person, firm, partnership, corporation, or other entity to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to convey electric current, or installing or maintaining equipment to be operated by electric current as it pertains to the electrical industry, without having an unrevoked, unsuspended, and unexpired electrical contractor license, issued by the department in accordance with this chapter. All electrical contractor licenses expire twenty-four calendar months following the day of their issue. The department may issue an electrical contractors license for a period of less than twenty-four months only for the purpose of equalizing the number of electrical contractor licenses which expire each month. Application for an electrical contractor license shall be made in writing to the department, accompanied by the required fee. The application shall state:

             (a) The name and address of the applicant; in case of firms or partnerships, the names of the individuals composing the firm or partnership; in case of corporations, the names of the managing officials thereof;

             (b) The location of the place of business of the applicant and the name under which the business is conducted;

             (c) Employer social security number;

             (d) As applicable: (i) The industrial insurance account number covering employees domiciled in Washington; and (ii) evidence of workers' compensation coverage in the applicant's state of domicile for the applicant's employees working in Washington who are not domiciled in Washington;

             (e) Employment security department number;

             (f) State excise tax registration number;

             (g) Unified business identifier (UBI) account number may be substituted for the information required by (d), (e), and (f) of this subsection; and

             (h) Whether a general or specialty electrical contractor license is sought and, if the latter, the type of specialty. Electrical contractor specialties include, but are not limited to: Residential, domestic appliances, pump and irrigation, limited energy system, signs, nonresidential maintenance, and a combination specialty. A general electrical contractor license shall grant to the holder the right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electric current, and installing or maintaining equipment, or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current, in the state of Washington. A specialty electrical contractor license shall grant to the holder a limited right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electrical current, and installing or maintaining equipment; or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current in the state of Washington as expressly allowed by the license.

             (2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(d) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington.

             (3) The application for a contractor license shall be accompanied by a bond in the sum of four thousand dollars with the state of Washington named as obligee in the bond, with good and sufficient surety, to be approved by the department. The bond shall at all times be kept in full force and effect, and any cancellation or revocation thereof, or withdrawal of the surety therefrom, suspends the license issued to the principal until a new bond has been filed and approved as provided in this section. Upon approval of a bond, the department shall on the next business day deposit the fee accompanying the application in the electrical license fund and shall file the bond in the office. The department shall upon request furnish to any person, firm, partnership, corporation, or other entity a certified copy of the bond upon the payment of a fee that the department shall set by rule. The fee shall cover but not exceed the cost of furnishing the certified copy. The bond shall be conditioned that in any installation or maintenance of wires or equipment to convey electrical current, and equipment to be operated by electrical current, the principal will comply with the provisions of this chapter and with any electrical ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(((2))) (3) that is in effect at the time of entering into a contract. The bond shall be conditioned further that the principal will pay for all labor, including employee benefits, and material furnished or used upon the work, taxes and contributions to the state of Washington, and all damages that may be sustained by any person, firm, partnership, corporation, or other entity due to a failure of the principal to make the installation or maintenance in accordance with this chapter or any applicable ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(((2))) (3). In lieu of the surety bond required by this section the license applicant may file with the department a cash deposit or other negotiable security acceptable to the department. If the license applicant has filed a cash deposit, the department shall deposit the funds in a special trust savings account in a commercial bank, mutual savings bank, or savings and loan association and shall pay annually to the depositor the interest derived from the account.

             (4) Except as provided in subsection (6) of this section, the department shall issue general or specialty electrical contractor licenses to applicants meeting all of the requirements of this chapter. The provisions of this chapter relating to the licensing of any person, firm, partnership, corporation, or other entity including the requirement of a bond with the state of Washington named as obligee therein and the collection of a fee therefor, are exclusive, and no political subdivision of the state of Washington may require or issue any licenses or bonds or charge any fee for the same or a similar purpose. No person, firm, partnership, corporation, or other entity holding more than one specialty contractor license under this chapter may be required to pay an annual fee for more than one such license or to post more than one four thousand dollar bond, equivalent cash deposit, or other negotiable security.

             (5) To obtain a general or specialty electrical contractor license the applicant must designate an individual who currently possesses an administrator's certificate as a general electrical contractor administrator or as a specialty electrical contractor administrator in the specialty for which application has been made. Administrator certificate specialties include but are not limited to: Residential, domestic, appliance, pump and irrigation, limited energy system, signs, nonresidential maintenance, and combination specialty. To obtain an administrator's certificate an individual must pass an examination as set forth in RCW 19.28.123 unless the applicant was a licensed electrical contractor at any time during 1974. Applicants who were electrical contractors licensed by the state of Washington at any time during 1974 are entitled to receive a general electrical contractor administrator's certificate without examination if the applicants apply prior to January 1, 1984. The board of electrical examiners shall certify to the department the names of all persons who are entitled to either a general or specialty electrical contractor administrator's certificate.

             (6) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 57. RCW 19.28.125 and 1988 c 81 s 6 are each amended to read as follows:

             (1) Each applicant for an electrical contractor's license, other than an individual, shall designate a supervisory employee or member of the firm to take the required administrator's examination. Effective July 1, 1987, a supervisory employee designated as the administrator shall be a full-time supervisory employee. This person shall be designated as administrator under the license. No person may qualify as administrator for more than one contractor. If the relationship of the administrator with the electrical contractor is terminated, the contractor's license is void within ninety days unless another administrator is qualified by the board. However, if the administrator dies, the contractor's license is void within one hundred eighty days unless another administrator is qualified by the board. A certificate issued under this section is valid for two years from the nearest birthdate of the administrator, unless revoked or suspended, and further is nontransferable. The certificate may be renewed for a two-year period without examination by appropriate application unless the certificate has been revoked, suspended, or not renewed within ninety days after the expiration date. If the certificate is not renewed before the expiration date, the individual shall pay twice the usual fee. An individual holding more than one administrator's certificate under this chapter shall not be required to pay annual fees for more than one certificate. A person may take the administrator's test as many times as necessary without limit.

             (2) The administrator shall:

             (a) Be a member of the firm or a supervisory employee and shall be available during working hours to carry out the duties of an administrator under this section;

             (b) Ensure that all electrical work complies with the electrical installation laws and rules of the state;

             (c) Ensure that the proper electrical safety procedures are used;

             (d) Ensure that all electrical labels, permits, and licenses required to perform electrical work are used;

             (e) See that corrective notices issued by an inspecting authority are complied with; and

             (f) Notify the department in writing within ten days if the administrator terminates the relationship with the electrical contractor.

             (3) The department shall not by rule change the administrator's duties under subsection (2) of this section.

             (4) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 58. RCW 19.28.310 and 1988 c 81 s 10 are each amended to read as follows:

             (1) The department has the power, in case of continued noncompliance with the provisions of this chapter, to revoke or suspend for such a period as it determines, any electrical contractor license or electrical contractor administrator certificate issued under this chapter. The department shall notify the holder of the license or certificate of the revocation or suspension by certified mail. A revocation or suspension is effective fifteen days after the holder receives the notice. Any revocation or suspension is subject to review by an appeal to the board. The filing of an appeal stays the effect of a revocation or suspension until the board makes its decision. The appeal shall be filed within fifteen days after notice of the revocation or suspension is given by certified mail sent to the address of the holder of the license or certificate as shown on the application for the license or certificate, and shall be effected by filing a written notice of appeal with the department, accompanied by a certified check for two hundred dollars, which shall be returned to the holder of the license or certificate if the decision of the department is not sustained by the board. The hearing shall be conducted in accordance with chapter 34.05 RCW. If the board sustains the decision of the department, the two hundred dollars shall be applied by the department to the payment of the per diem and expenses of the members of the board incurred in the matter, and any balance remaining after payment of per diem and expenses shall be paid into the electrical license fund.

             (2) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 59. RCW 19.28.550 and 1993 c 192 s 1 are each amended to read as follows:

             (1) Except as provided in subsection (5) of this section, the department shall issue a certificate of competency to all applicants who have passed the examination provided in RCW 19.28.540, and who have complied with RCW 19.28.510 through 19.28.620 and the rules adopted under this chapter. The certificate shall bear the date of issuance, and shall expire on October 31st or April 30th, not less than six months nor more than three years immediately following the date of issuance. The certificate shall be renewed every three years, upon application, on or before the holder's birthdate. A fee shall be assessed for each certificate and for each annual renewal.

             (2) If the certificate holder demonstrates to the department that he or she has satisfactorily completed an annual eight-hour continuing education course, the certificate may be renewed without examination by appropriate application unless the certificate has been revoked, suspended, or not renewed within ninety days after the expiration date.

             (a) The contents and requirements for satisfactory completion of the continuing education course shall be determined by the director and approved by the board.

             (b) The department shall accept proof of a certificate holder's satisfactory completion of a continuing education course offered in another state as meeting the requirements for maintaining a current Washington state certificate of competency if the department is satisfied the course is comparable in nature to that required in Washington state for maintaining a current certificate of competency.

             (3) If the certificate is not renewed before the expiration date, the individual shall pay twice the usual fee. The department shall set the fees by rule for issuance and renewal of a certificate of competency. The fees shall cover but not exceed the costs of issuing the certificates and of administering and enforcing the electrician certification requirements of this chapter.

             (4) The certificates of competency and temporary permits provided for in this chapter grant the holder the right to work in the electrical construction trade as a journeyman electrician or specialty electrician in accordance with their provisions throughout the state and within any of its political subdivisions without additional proof of competency or any other license, permit, or fee to engage in such work.

             (5) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 60. RCW 19.28.580 and 1988 c 81 s 15 are each amended to read as follows:

             (1) The department may revoke any certificate of competency upon the following grounds:

             (a) The certificate was obtained through error or fraud;

             (b) The holder thereof is judged to be incompetent to work in the electrical construction trade as a journeyman electrician or specialty electrician;

             (c) The holder thereof has violated any of the provisions of RCW 19.28.510 through 19.28.620 or any rule adopted under this chapter.

             (2) Before any certificate of competency shall be revoked, the holder shall be given written notice of the department's intention to do so, mailed by registered mail, return receipt requested, to the holder's last known address. The notice shall enumerate the allegations against the holder, and shall give the holder the opportunity to request a hearing before the board. At the hearing, the department and the holder may produce witnesses and give testimony. The hearing shall be conducted in accordance with chapter 34.05 RCW. The board shall render its decision based upon the testimony and evidence presented, and shall notify the parties immediately upon reaching its decision. A majority of the board shall be necessary to render a decision.

             (3) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 61. RCW 19.30.030 and 1985 c 280 s 3 are each amended to read as follows:

             The director shall not issue to any person a license to act as a farm labor contractor until:

             (1) Such person has executed a written application on a form prescribed by the director, subscribed and sworn to by the applicant, and containing (a) a statement by the applicant of all facts required by the director concerning the applicant's character, competency, responsibility, and the manner and method by which he or she proposes to conduct operations as a farm labor contractor if such license is issued, and (b) the names and addresses of all persons financially interested, either as partners, stockholders, associates, profit sharers, or providers of board or lodging to agricultural employees in the proposed operation as a labor contractor, together with the amount of their respective interests;

             (2) The director, after investigation, is satisfied as to the character, competency, and responsibility of the applicant;

             (3) The applicant has paid to the director a license fee of: (1) Thirty-five dollars in the case of a farm labor contractor not engaged in forestation or reforestation, or (2) one hundred dollars in the case of a farm labor contractor engaged in forestation or reforestation or such other sum as the director finds necessary, and adopts by rule, for the administrative costs of evaluating applications;

             (4) The applicant has filed proof satisfactory to the director of the existence of a policy of insurance with any insurance carrier authorized to do business in the state of Washington in an amount satisfactory to the director, which insures the contractor against liability for damage to persons or property arising out of the contractor's operation of, or ownership of, any vehicle or vehicles for the transportation of individuals in connection with the contractor's business, activities, or operations as a farm labor contractor;

             (5) The applicant has filed a surety bond or other security which meets the requirements set forth in RCW 19.30.040;

             (6) The applicant executes a written statement which shall be subscribed and sworn to and shall contain the following declaration:

             "With regards to any action filed against me concerning my activities as a farm labor contractor, I appoint the director of the Washington department of labor and industries as my lawful agent to accept service of summons when I am not present in the jurisdiction in which the action is commenced or have in any other way become unavailable to accept service"; and

             (7) The applicant has stated on his or her application whether or not his or her contractor's license or the license of any of his or her agents, partners, associates, stockholders, or profit sharers has ever been suspended, revoked, or denied by any state or federal agency, and whether or not there are any outstanding judgments against him or her or any of his or her agents, partners, associates, stockholders, or profit sharers in any state or federal court arising out of activities as a farm labor contractor.

             (8) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 62. RCW 19.30.060 and 1985 c 280 s 6 are each amended to read as follows:

             Any person may protest the grant or renewal of a license under this section. The director may revoke, suspend, or refuse to issue or renew any license when it is shown that:

             (1) The farm labor contractor or any agent of the contractor has violated or failed to comply with any of the provisions of this chapter;

             (2) The farm labor contractor has made any misrepresentations or false statements in his or her application for a license;

             (3) The conditions under which the license was issued have changed or no longer exist;

             (4) The farm labor contractor, or any agent of the contractor, has violated or wilfully aided or abetted any person in the violation of, or failed to comply with, any law of the state of Washington regulating employment in agriculture, the payment of wages to farm employees, or the conditions, terms, or places of employment affecting the health and safety of farm employees, which is applicable to the business activities, or operations of the contractor in his or her capacity as a farm labor contractor;

             (5) The farm labor contractor or any agent of the contractor has in recruiting farm labor solicited or induced the violation of any then existing contract of employment of such laborers; or

             (6) The farm labor contractor or any agent of the contractor has an unsatisfied judgment against him or her in any state or federal court, arising out of his or her farm labor contracting activities.

             The director shall immediately suspend the license or certificate of a person who either has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 63. RCW 19.16.110 and 1994 c 195 s 2 are each amended to read as follows:

             No person shall act, assume to act, or advertise as a collection agency or out-of-state collection agency as defined in this chapter, except as authorized by this chapter, without first having applied for and obtained a license from the director.

             Nothing contained in this section shall be construed to require a regular employee of a collection agency or out-of-state collection agency duly licensed under this chapter to procure a collection agency license.

             No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 64. RCW 19.16.120 and 1994 c 195 s 3 are each amended to read as follows:

             In addition to other provisions of this chapter, any license issued pursuant to this chapter or any application therefor may be denied, not renewed, revoked, or suspended, or in lieu of or in addition to suspension a licensee may be assessed a civil, monetary penalty in an amount not to exceed one thousand dollars:

             (1) If an individual applicant or licensee is less than eighteen years of age or is not a resident of this state.

             (2) If an applicant or licensee is not authorized to do business in this state.

             (3) If the application or renewal forms required by this chapter are incomplete, fees required under RCW 19.16.140 and 19.16.150, if applicable, have not been paid, and the surety bond or cash deposit or other negotiable security acceptable to the director required by RCW 19.16.190, if applicable, has not been filed or renewed or is canceled.

             (4) If any individual applicant, owner, officer, director, or managing employee of a nonindividual applicant or licensee:

             (a) Shall have knowingly made a false statement of a material fact in any application for a collection agency license or an out-of-state collection agency license or renewal thereof, or in any data attached thereto and two years have not elapsed since the date of such statement;

             (b) Shall have had a license to engage in the business of a collection agency or out-of-state collection agency denied, not renewed, suspended, or revoked by this state, any other state, or foreign country, for any reason other than the nonpayment of licensing fees or failure to meet bonding requirements: PROVIDED, That the terms of this subsection shall not apply if:

             (i) Two years have elapsed since the time of any such denial, nonrenewal, or revocation; or

             (ii) The terms of any such suspension have been fulfilled;

             (c) Has been convicted in any court of any felony involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and is incarcerated for that offense or five years have not elapsed since the date of such conviction;

             (d) Has had any judgment entered against him in any civil action involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and five years have not elapsed since the date of the entry of the final judgment in said action: PROVIDED, That in no event shall a license be issued unless the judgment debt has been discharged;

             (e) Has had his license to practice law suspended or revoked and two years have not elapsed since the date of such suspension or revocation, unless he has been relicensed to practice law in this state;

             (f) Has had any judgment entered against him or it under the provisions of RCW 19.86.080 or 19.86.090 involving a violation or violations of RCW 19.86.020 and two years have not elapsed since the entry of the final judgment: PROVIDED, That in no event shall a license be issued unless the terms of such judgment, if any, have been fully complied with: PROVIDED FURTHER, That said judgment shall not be grounds for denial, suspension, nonrenewal, or revocation of a license unless the judgment arises out of and is based on acts of the applicant, owner, officer, director, managing employee, or licensee while acting for or as a collection agency or an out-of-state collection agency;

             (g) Has petitioned for bankruptcy, and two years have not elapsed since the filing of said petition;

             (h) Shall be insolvent in the sense that his or its liabilities exceed his or its assets or in the sense that he or it cannot meet his or its obligations as they mature;

             (i) Has failed to pay any civil, monetary penalty assessed in accordance with RCW 19.16.351 or 19.16.360 within ten days after the assessment becomes final;

             (j) Has knowingly failed to comply with, or violated any provisions of this chapter or any rule or regulation issued pursuant to this chapter, and two years have not elapsed since the occurrence of said noncompliance or violation; or

             (k) Has been found by a court of competent jurisdiction to have violated the federal fair debt collection practices act, 15 U.S.C. Sec. 1692 et seq., or the Washington state consumer protection act, chapter 19.86 RCW, and two years have not elapsed since that finding.

             Except as otherwise provided in this section, any person who is engaged in the collection agency business as of January 1, 1972 shall, upon filing the application, paying the fees, and filing the surety bond or cash deposit or other negotiable security in lieu of bond required by this chapter, be issued a license ((hereunder)) under this chapter.

             The director shall immediately suspend the license or certificate of a person who either has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 65. RCW 19.31.100 and 1993 c 499 s 4 are each amended to read as follows:

             (1) Every applicant for an employment agency's license or a renewal thereof shall file with the director a written application stating the name and address of the applicant; the street and number of the building in which the business of the employment agency is to be conducted; the name of the person who is to have the general management of the office; the name under which the business of the office is to be carried on; whether or not the applicant is pecuniarily interested in the business to be carried on under the license; shall be signed by the applicant and sworn to before a notary public; and shall identify anyone holding over twenty percent interest in the agency. If the applicant is a corporation, the application shall state the names and addresses of the officers and directors of the corporation, and shall be signed and sworn to by the president and secretary thereof. If the applicant is a partnership, the application shall also state the names and addresses of all partners therein, and shall be signed and sworn to by all of them. The application shall also state whether or not the applicant is, at the time of making the application, or has at any previous time been engaged in or interested in or employed by anyone engaged in the business of an employment agency.

             (2) The application shall require a certification that no officer or holder of more than twenty percent interest in the business has been convicted of a felony within ten years of the application which directly relates to the business for which the license is sought, or had any judgment entered against such person in any civil action involving fraud, misrepresentation, or conversion.

             (3) All applications for employment agency licenses shall be accompanied by a copy of the form of contract and fee schedule to be used between the employment agency and the applicant.

             (4) No license to operate an employment agency in this state shall be issued, transferred, renewed, or remain in effect, unless the person who has or is to have the general management of the office has qualified pursuant to this section. The director may, for good cause shown, waive the requirement imposed by this section for a period not to exceed one hundred and twenty days. Persons who have been previously licensed or who have operated to the satisfaction of the director for at least one year prior to September 21, 1977 as a general manager shall be entitled to operate for up to one year from such date before being required to qualify under this section. In order to qualify, such person shall, through testing procedures developed by the director, show that such person has a knowledge of this law, pertinent labor laws, and laws against discrimination in employment in this state and of the United States. Said examination shall be given at least once each quarter and a fee for such examination shall be established by the director. Nothing in this chapter shall be construed to preclude any one natural person from being designated as the person who is to have the general management of up to three offices operated by any one licensee.

             While employment directories may at the director's discretion be required to show that the person has a knowledge of this chapter, employment directories are exempt from testing on pertinent labor laws, and laws against discrimination in employment in this state and of the United States.

             (5) Employment directories shall register with the department and meet all applicable requirements of this chapter but shall not be required to be licensed by the department or pay a licensing fee.

             (6) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 66. RCW 19.31.130 and 1969 ex.s. c 228 s 13 are each amended to read as follows:

             (1) In accordance with the provisions of chapter 34.05 RCW as now or as hereafter amended, the director may by order deny, suspend or revoke the license of any employment agency if he finds that the applicant or licensee:

             (((1))) (a) Was previously the holder of a license issued under this chapter, which was revoked for cause and never reissued by the director, or which license was suspended for cause and the terms of the suspension have not been fulfilled;

             (((2))) (b) Has been found guilty of any felony within the past five years involving moral turpitude, or for any misdemeanor concerning fraud or conversion, or suffering any judgment in any civil action involving wilful fraud, misrepresentation or conversion;

             (((3))) (c) Has made a false statement of a material fact in his application or in any data attached thereto;

             (((4))) (d) Has violated any provisions of this chapter, or failed to comply with any rule or regulation issued by the director pursuant to this chapter.

             (2) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 67. RCW 19.32.040 and 1982 c 182 s 32 are each amended to read as follows:

             (1) No person hereafter shall engage within this state in the business of owning, operating or offering the services of any refrigerated locker or lockers without having obtained a license for each such place of business. Application for such license shall be made through the master license system. Except as provided in subsection (2) of this section, such licenses shall be granted as a matter of right unless conditions exist which are grounds for a cancellation or revocation of a license as hereinafter set forth.

             (2) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 68. RCW 19.32.060 and 1943 c 117 s 5 are each amended to read as follows:

             (1) The director of agriculture may cancel or suspend any such license if he finds after proper investigation that (a) the licensee has violated any provision of this chapter or of any other law of this state relating to the operation of refrigerated lockers or of the sale of any human food in connection therewith, or any regulation effective under any act the administration of which is in the charge of the department of agriculture, or (b) the licensed refrigerated locker premises or any equipment used therein or in connection therewith is in an unsanitary condition and the licensee has failed or refused to remedy the same within ten days after receipt from the director of agriculture of written notice to do so.

             (2) No license shall be revoked or suspended by the director without delivery to the licensee of a written statement of the charge involved and an opportunity to answer such charge within ten days from the date of such notice.

             (3) Any order made by the director suspending or revoking any license may be reviewed by certiorari in the superior court of the county in which the licensed premises are located, within ten days from the date notice in writing of the director's order revoking or suspending such license has been served upon him.

             (4) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 69. RCW 19.105.330 and 1988 c 159 s 5 are each amended to read as follows:

             (([(1)])) (1) Unless an order denying effectiveness under RCW 19.105.380 is in effect, or unless declared effective by order of the director prior thereto, the application for registration shall automatically become effective upon the expiration of the twentieth full business day following a filing with the director in complete and proper form, but an applicant may consent to the delay of effectiveness until such time as the director may by order declare registration effective or issue a permit to market.

             (2) An application for registration, renewal of registration, or amendment is not in completed form and shall not be deemed a statutory filing until such time as all required fees, completed application forms, and the information and documents required pursuant to RCW 19.105.320(1) and departmental rules have been filed.

             It is the operator's responsibility to see that required filing materials and fees arrive at the appropriate mailing address of the department. Within seven business days, excluding the date of receipt, of receiving an application or initial request for registration and the filing fees, the department shall notify the applicant of receipt of the application and whether or not the application is complete and in proper form. If the application is incomplete, the department shall at the same time inform the applicant what additional documents or information is required.

             If the application is not in a completed form, the department shall give immediate notice to the applicant. On the date the application is complete and properly filed, the statutory period for an in-depth examination of the filing, prescribed in subsection (1) of this section, shall begin to run, unless the applicant and the department have agreed to a stay of effectiveness or the department has issued a denial of the application or a permit to market.

             (3) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 70. RCW 19.105.380 and 1988 c 159 s 14 are each amended to read as follows:

             (1) A registration or an application for registration of camping resort contracts or renewals thereof may by order be denied, suspended, or revoked if the director finds that:

             (a) The advertising, sales techniques, or trade practices of the applicant, registrant, or its affiliate or agent have been or are deceptive, false, or misleading;

             (b) The applicant or registrant has failed to file copies of the camping resort contract form under RCW 19.105.360;

             (c) The applicant, registrant, or affiliate has failed to comply with any provision of this chapter, the rules adopted or the conditions of a permit granted under this chapter, or a stipulation or final order previously entered into by the operator or issued by the department under this chapter;

             (d) The applicant's, registrant's, or affiliate's offering of camping resort contracts has worked or would work a fraud upon purchasers or owners of camping resort contracts;

             (e) The camping resort operator or any officer, director, or affiliate of the camping resort operator has been within the last five years convicted of or pleaded nolo contendre to any misdemeanor or felony involving conversion, embezzlement, theft, fraud, or dishonesty, has been enjoined from or had any civil penalty assessed for a finding of dishonest dealing or fraud in a civil suit, or been found to have engaged in any violation of any act designed to protect consumers, or has been engaged in dishonest practices in any industry involving sales to consumers;

             (f) The applicant or registrant has represented or is representing to purchasers in connection with the offer or sale of a camping resort contract that a camping resort property, facility, amenity camp site, or other development is planned, promised, or required, and the applicant or registrant has not provided the director with a security or assurance of performance as required by this chapter;

             (g) The applicant or registrant has not provided or is no longer providing the director with the necessary security arrangements to assure future availability of titles or properties as required by this chapter or agreed to in the permit to market;

             (h) The applicant or registrant is or has been employing unregistered salespersons or offering or proposing a membership referral program not in compliance with this chapter;

             (i) The applicant or registrant has breached any escrow, impound, reserve account, or trust arrangement or the conditions of an order or permit to market required by this chapter;

             (j) The applicant or registrant has breached any stipulation or order entered into in settlement of the department's filing of a previous administrative action;

             (k) The applicant or registrant has filed or caused to be filed with the director any document or affidavit, or made any statement during the course of a registration or exemption procedure with the director, that is materially untrue or misleading;

             (l) The applicant or registrant has engaged in a practice of failing to provide the written disclosures to purchasers or prospective purchasers as required under this chapter;

             (m) The applicant, registrant, or any of its officers, directors, or employees, if the operator is other than a natural person, have wilfully done, or permitted any of their salespersons or agents to do, any of the following:

             (i) Engage in a pattern or practice of making untrue or misleading statements of a material fact, or omitting to state a material fact;

             (ii) Employ any device, scheme, or artifice to defraud purchasers or members;

             (iii) Engage in a pattern or practice of failing to provide the written disclosures to purchasers or prospective purchasers as required under this chapter;

             (n) The applicant or registrant has failed to provide a bond, letter of credit, or other arrangement to assure delivery of promised gifts, prizes, awards, or other items of consideration, as required under this chapter, breached such a security arrangement, or failed to maintain such a security arrangement in effect because of a resignation or loss of a trustee, impound, or escrow agent;

             (o) The applicant or registrant has engaged in a practice of selling contracts using material amendments or codicils that have not been filed or are the consequences of breaches or alterations in previously filed contracts;

             (p) The applicant or registrant has engaged in a practice of selling or proposing to sell contracts in a ratio of contracts to sites available in excess of that filed in the affidavit required by this chapter;

             (q) The camping resort operator has withdrawn, has the right to withdraw, or is proposing to withdraw from use all or any portion of any camping resort property devoted to the camping resort program, unless:

             (i) Adequate provision has been made to provide within a reasonable time thereafter a substitute property in the same general area that is at least as desirable for the purpose of camping and outdoor recreation;

             (ii) The property is withdrawn because, despite good faith efforts by the camping resort operator, a nonaffiliate of the camping resort has exercised a right of withdrawal from use by the camping resort (such as withdrawal following expiration of a lease of the property to the camping resort) and the terms of the withdrawal right have been disclosed in writing to all purchasers at or prior to the time of any sales of camping resort contracts after the camping resort has represented to purchasers that the property is or will be available for camping or recreation purposes;

             (iii) The specific date upon which the withdrawal becomes effective has been disclosed in writing to all purchasers and members prior to the time of any sales of camping resort contracts after the camping resort has represented to purchasers that the property is or will be available for camping or recreation purposes;

             (iv) The rights of members and owners of the camping resort contracts under the express terms of the camping resort contract have expired, or have been specifically limited, upon the lapse of a stated or determinable period of time, and the director by order has found that the withdrawal is not otherwise inconsistent with the protection of purchasers or the desire of the majority of the owners of camping resort contracts, as expressed in their previously obtained vote of approval;

             (r) The format, form, or content of the written disclosures provided therein is not complete, full, or materially accurate, or statements made therein are materially false, misleading, or deceptive;

             (s) The applicant or registrant has failed or declined to respond to any subpoena lawfully issued and served by the department under this chapter;

             (t) The applicant or registrant has failed to file an amendment for a material change in the manner or at the time required under this chapter or its implementing rules;

             (u) The applicant or registrant has filed voluntarily or been placed involuntarily into a federal bankruptcy or is proposing to do so; or

             (v) A camping resort operator's rights or interest in a campground has been terminated by foreclosure or the operations in a camping resort have been terminated in a manner contrary to contract provisions.

             (2) Any applicant or registrant who has violated subsection (1)(a), (b), (c), (f), (h), (i), (j), (l), (m), or (n) of this section may be fined by the director in an amount not to exceed one thousand dollars for each such violation. Proceedings seeking such fines shall be held in accordance with chapter 34.05 RCW and may be filed either separately or in conjunction with other administrative proceedings to deny, suspend, or revoke registrations authorized under this chapter. Fines collected from such proceedings shall be deposited in the state general fund.

             (3) An operator, registrant, or applicant against whom administrative or legal proceedings have been filed shall be responsible for and shall reimburse the state, by payment into the general fund, for all administrative and legal costs actually incurred by the department in issuing, processing, and conducting any such administrative or legal proceeding authorized under this chapter that results in a final legal or administrative determination of any type or degree in favor of the department.

             (4) No order may be entered under this section without appropriate prior notice to the applicant or registrant of opportunity for a hearing and written findings of fact and conclusions of law, except that the director may by order summarily deny an application for registration or renewal under any of the above subsections and may summarily suspend or revoke a registration under subsection (1)(d), (f), (g), (h), (i), (k), (l), (m), and (n) of this section. No fine may be imposed by summary order.

             (5) The proceedings to deny an application or renewal, suspend or revoke a registration or permit, whether summarily or otherwise, or impose a fine shall be held in accordance with chapter 34.05 RCW.

             (6) The director may enter into assurances of discontinuance in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing under this chapter. The assurances shall consist of a statement of the law in question and an agreement not to violate the stated provision. The applicant or registrant shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violating or breaching an assurance under this subsection is grounds for suspension or revocation of registration or imposition of a fine.

             (7) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 71. RCW 19.105.440 and 1988 c 159 s 21 are each amended to read as follows:

             (1) A salesperson may apply for registration by filing in a complete and readable form with the director an application form provided by the director which includes the following:

             (a) A statement whether or not the applicant within the past five years has been convicted of, pleaded nolo contendre to, or been ordered to serve probation for a period of a year or more for any misdemeanor or felony involving conversion, embezzlement, theft, fraud, or dishonesty or the applicant has been enjoined from, had any civil penalty assessed for, or been found to have engaged in any violation of any act designed to protect consumers;

             (b) A statement fully describing the applicant's employment history for the past five years and whether or not any termination of employment during the last five years was the result of any theft, fraud, or act of dishonesty;

             (c) A consent to service comparable to that required of operators under this chapter; and

             (d) Required filing fees.

             (2) The director may by order deny, suspend, or revoke a camping resort salesperson's registration or application for registration under this chapter or the person's license or application under chapter 18.85 RCW, or impose a fine on such persons not exceeding two hundred dollars per violation, if the director finds that the order is necessary for the protection of purchasers or owners of camping resort contracts and the applicant or registrant is guilty of:

             (a) Obtaining registration by means of fraud, misrepresentation, or concealment, or through the mistake or inadvertence of the director;

             (b) Violating any of the provisions of this chapter or any lawful rules adopted by the director pursuant thereto;

             (c) Being convicted in a court of competent jurisdiction of this or any other state, or federal court, of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, or any similar offense or offenses. For the purposes of this section, "being convicted" includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction, and all proceedings in which the sentence has been deferred or suspended;

             (d) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication, or distribution of false statements, descriptions, or promises of such character as to reasonably induce any person to act thereon, if the statements, descriptions, or promises purport to be made or to be performed by either the applicant or registrant and the applicant or registrant then knew or, by the exercise of reasonable care and inquiry, could have known, of the falsity of the statements, descriptions, or promises;

             (e) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relies upon the work, representation, or conduct of the applicant or registrant;

             (f) Failing, upon demand, to disclose to the director or the director's authorized representatives acting by authority of law any information within his or her knowledge or to produce for inspection any document, book or record in his or her possession, which is material to the salesperson's registration or application for registration;

             (g) Continuing to sell camping resort contracts in a manner whereby the interests of the public are endangered, if the director has, by order in writing, stated objections thereto;

             (h) Committing any act of fraudulent or dishonest dealing or a crime involving moral turpitude, and a certified copy of the final holding of any court of competent jurisdiction in such matter shall be conclusive evidence in any hearing under this chapter;

             (i) Misrepresentation of membership in any state or national association; or

             (j) Discrimination against any person in hiring or in sales activity on the basis of race, color, creed, or national origin, or violating any state or federal antidiscrimination law.

             (3) No order may be entered under this section without appropriate prior notice to the applicant or registrant of opportunity for a hearing and written findings of fact and conclusions of law, except that the director may by order summarily deny an application for registration under this section.

             (4) The proceedings to deny an application or renewal, suspend or revoke a registration or permit, whether summarily or otherwise, or impose a fine shall be held in accordance with chapter 34.05 RCW.

             (5) The director, subsequent to any complaint filed against a salesperson or pursuant to an investigation to determine violations, may enter into stipulated assurances of discontinuances in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement not to violate the stated provision. The salesperson shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violation of an assurance under this subsection is grounds for a disciplinary action, a suspension of registration, or a fine not to exceed one thousand dollars.

             (6) The director may by rule require such further information or conditions for registration as a camping resort salesperson, including qualifying examinations and fingerprint cards prepared by authorized law enforcement agencies, as the director deems necessary to protect the interests of purchasers.

             (7) Registration as a camping resort salesperson shall be effective for a period of one year unless the director specifies otherwise or the salesperson transfers employment to a different registrant. Registration as a camping resort salesperson shall be renewed annually, or at the time of transferring employment, whichever occurs first, by the filing of a form prescribed by the director for that purpose.

             (8) It is unlawful for a registrant of camping resort contracts to employ or a person to act as a camping resort salesperson covered under this section unless the salesperson has in effect with the department and displays a valid registration in a conspicuous location at each of the sales offices at which the salesperson is employed. It is the responsibility of both the operator and the salesperson to notify the department when and where a salesperson is employed, his or her responsibilities and duties, and when the salesperson's employment or reported duties are changed or terminated.

             (9) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (10) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 72. RCW 19.138.130 and 1994 c 237 s 6 are each amended to read as follows:

             (1) The director may deny, suspend, or revoke the registration of a seller of travel if the director finds that the applicant:

             (a) Was previously the holder of a registration issued under this chapter, and the registration was revoked for cause and never reissued by the director, or the registration was suspended for cause and the terms of the suspension have not been fulfilled;

             (b) Has been found guilty of a felony within the past five years involving moral turpitude, or of a misdemeanor concerning fraud or conversion, or suffers a judgment in a civil action involving willful fraud, misrepresentation, or conversion;

             (c) Has made a false statement of a material fact in an application under this chapter or in data attached to it;

             (d) Has violated this chapter or failed to comply with a rule adopted by the director under this chapter;

             (e) Has failed to display the registration as provided in this chapter;

             (f) Has published or circulated a statement with the intent to deceive, misrepresent, or mislead the public;

             (g) Has committed a fraud or fraudulent practice in the operation and conduct of a travel agency business, including, but not limited to, intentionally misleading advertising; or

             (h) Has aided or abetted a person, firm, or corporation that they know has not registered in this state in the business of conducting a travel agency or other sale of travel.

             (2) If the seller of travel is found in violation of this chapter or in violation of the consumer protection act, chapter 19.86 RCW, by the entry of a judgment or by settlement of a claim, the director may revoke the registration of the seller of travel, and the director may reinstate the registration at the director's discretion.

             (3) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (4) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 73. RCW 19.158.050 and 1989 c 20 s 5 are each amended to read as follows:

             (1) In order to maintain or defend a lawsuit or do any business in this state, a commercial telephone solicitor must be registered with the department of licensing. Prior to doing business in this state, a commercial telephone solicitor shall register with the department of licensing. Doing business in this state includes both commercial telephone solicitation from a location in Washington and solicitation of purchasers located in Washington.

             (2) The department of licensing, in registering commercial telephone solicitors, shall have the authority to require the submission of information necessary to assist in identifying and locating a commercial telephone solicitor, including past business history, prior judgments, and such other information as may be useful to purchasers.

             (3) The department of licensing shall issue a registration number to the commercial telephone solicitor.

             (4) It is a violation of this chapter for a commercial telephone solicitor to:

             (a) Fail to maintain a valid registration;

             (b) Advertise that one is registered as a commercial telephone solicitor or to represent that such registration constitutes approval or endorsement by any government or governmental office or agency;

             (c) Provide inaccurate or incomplete information to the department of licensing when making a registration application; or

             (d) Represent that a person is registered or that such person has a valid registration number when such person does not.

             (5) An annual registration fee shall be assessed by the department of licensing, the amount of which shall be determined at the discretion of the director of the department of licensing, and which shall be reasonably related to the cost of administering the provisions of this chapter.

             (6) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (7) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 74. RCW 19.166.040 and 1995 c 60 s 2 are each amended to read as follows:

             (1) An application for registration as an international student exchange visitor placement organization shall be submitted in the form prescribed by the secretary of state. The application shall include:

             (a) Evidence that the organization meets the standards established by the secretary of state under RCW 19.166.050;

             (b) The name, address, and telephone number of the organization, its chief executive officer, and the person within the organization who has primary responsibility for supervising placements within the state;

             (c) The organization's unified business identification number, if any;

             (d) The organization's United States Information Agency number, if any;

             (e) Evidence of council on standards for international educational travel listing, if any;

             (f) Whether the organization is exempt from federal income tax; and

             (g) A list of the organization's placements in Washington for the previous academic year including the number of students placed, their home countries, the school districts in which they were placed, and the length of their placements.

             (2) The application shall be signed by the chief executive officer of the organization and the person within the organization who has primary responsibility for supervising placements within Washington. If the secretary of state determines that the application is complete, the secretary of state shall file the application and the applicant is registered.

             (3) International student exchange visitor placement organizations that have registered shall inform the secretary of state of any changes in the information required under subsection (1) of this section within thirty days of the change.

             (4) Registration shall be renewed annually as established by rule by the office of the secretary of state.

             (5) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (6) The office of the secretary of state shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the office of the secretary of state's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 75. A new section is added to chapter 20.01 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 76. RCW 21.20.070 and 1981 c 272 s 2 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, if no denial order is in effect and no proceeding is pending under RCW 21.20.110, registration becomes effective when the applicant has successfully passed a written examination as prescribed by rule or order of the director with the advice of the advisory committee, or has satisfactorily demonstrated that the applicant is exempt from the written examination requirements of this section.

             (2) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 77. RCW 21.20.110 and 1994 c 256 s 10 are each amended to read as follows:

             The director may by order deny, suspend, or revoke registration of any broker-dealer, salesperson, investment adviser representative, or investment adviser; censure or fine the registrant or an officer, director, partner, or person occupying similar functions for a registrant; or restrict or limit a registrant's function or activity of business for which registration is required in this state; if the director finds that the order is in the public interest and that the applicant or registrant or, in the case of a broker-dealer or investment adviser, any partner, officer, or director:

             (1) Has filed an application for registration under this section which, as of its effective date, or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained any statement which was, in the light of the circumstances under which it was made, false, or misleading with respect to any material fact;

             (2) Has willfully violated or willfully failed to comply with any provision of this chapter or a predecessor act or any rule or order under this chapter or a predecessor act, or any provision of chapter 21.30 RCW or any rule or order thereunder;

             (3) Has been convicted, within the past five years, of any misdemeanor involving a security, or a commodity contract or commodity option as defined in RCW 21.30.010, or any aspect of the securities or investment commodities business, or any felony involving moral turpitude;

             (4) Is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the securities or investment commodities business;

             (5) Is the subject of an order of the director denying, suspending, or revoking registration as a broker-dealer, salesperson, investment adviser, or investment adviser representative;

             (6) Is the subject of an order entered within the past five years by the securities administrator of any other state or by the federal securities and exchange commission denying or revoking registration as a broker-dealer or salesperson, or a commodity broker-dealer or sales representative, or the substantial equivalent of those terms as defined in this chapter or by the commodity futures trading commission denying or revoking registration as a commodity merchant as defined in RCW 21.30.010, or is the subject of an order of suspension or expulsion from membership in or association with a self-regulatory organization registered under the securities exchange act of 1934 or the federal commodity exchange act, or is the subject of a United States post office fraud order; but (a) the director may not institute a revocation or suspension proceeding under this clause more than one year from the date of the order relied on, and (b) the director may not enter any order under this clause on the basis of an order unless that order was based on facts which would currently constitute a ground for an order under this section;

             (7) Has engaged in dishonest or unethical practices in the securities or investment commodities business;

             (8) Is insolvent, either in the sense that his or her liabilities exceed his or her assets or in the sense that he or she cannot meet his or her obligations as they mature; but the director may not enter an order against a broker-dealer or investment adviser under this clause without a finding of insolvency as to the broker-dealer or investment adviser;

             (9) Has not complied with a condition imposed by the director under RCW 21.20.100, or is not qualified on the basis of such factors as training, experience, or knowledge of the securities business; or

             (10)(a) Has failed to supervise reasonably a salesperson or an investment adviser representative. For the purposes of this subsection, no person fails to supervise reasonably another person, if:

             (i) There are established procedures, and a system for applying those procedures, that would reasonably be expected to prevent and detect, insofar as practicable, any violation by another person of this chapter, or a rule or order under this chapter; and

             (ii) The supervising person has reasonably discharged the duties and obligations required by these procedures and system without reasonable cause to believe that another person was violating this chapter or rules or orders under this chapter.

             (b) The director may issue a summary order pending final determination of a proceeding under this section upon a finding that it is in the public interest and necessary or appropriate for the protection of investors. The director may not impose a fine under this section except after notice and opportunity for hearing. The fine imposed under this section may not exceed five thousand dollars for each act or omission that constitutes the basis for issuing the order.

             The director shall immediately suspend the license or certificate of a person who either has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 78. A new section is added to chapter 48.17 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The commissioner shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the commissioner's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 79. A new section is added to chapter 74.15 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The secretary shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the secretary's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 80. A new section is added to chapter 47.68 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 81. A new section is added to chapter 71.12 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department of health shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department of health's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 82. RCW 66.20.320 and 1995 c 51 s 4 are each amended to read as follows:

             (1) The board shall regulate a required alcohol server education program that includes:

             (a) Development of the curriculum and materials for the education program;

             (b) Examination and examination procedures;

             (c) Certification procedures, enforcement policies, and penalties for education program instructors and providers;

             (d) The curriculum for an approved class 12 alcohol permit training program that includes but is not limited to the following subjects:

             (i) The physiological effects of alcohol including the effects of alcohol in combination with drugs;

             (ii) Liability and legal information;

             (iii) Driving while intoxicated;

             (iv) Intervention with the problem customer, including ways to stop service, ways to deal with the belligerent customer, and alternative means of transportation to get the customer safely home;

             (v) Methods for checking proper identification of customers;

             (vi) Nationally recognized programs, such as TAM (Techniques in Alcohol Management) and TIPS (Training for Intervention Programs) modified to include Washington laws and regulations.

             (2) The board shall provide the program through liquor licensee associations, independent contractors, private persons, private or public schools certified by the board, or any combination of such providers.

             (3) Except as provided in section 84 of this act, each training entity shall provide a class 12 permit to the manager or bartender who has successfully completed a course the board has certified. A list of the individuals receiving the class 12 permit shall be forwarded to the board on the completion of each course given by the training entity.

             (4) After July 1, 1996, the board shall require all alcohol servers applying for a class 13 alcohol server permit to view a video training session. Retail liquor licensees shall fully compensate employees for the time spent participating in this training session.

             (5) When requested by a retail liquor licensee, the board shall provide copies of videotaped training programs that have been produced by private vendors and make them available for a nominal fee to cover the cost of purchasing and shipment, with the fees being deposited in the liquor revolving fund for distribution to the board as needed.

             (6) Each training entity may provide the board with a video program of not less than one hour that covers the subjects in subsection (1)(d) (i) through (v) of this section that will be made available to a licensee for the training of a class 13 alcohol server.

             (7) Except as provided in section 84 of this act, applicants shall be given a class 13 permit upon the successful completion of the program.

             (8) A list of the individuals receiving the class 13 permit shall be forwarded to the board on the completion of each video training program.

             (9) The board shall develop a model permit for the class 12 and 13 permits. The board may provide such permits to training entities or licensees for a nominal cost to cover production.

             (10) Persons who have completed a nationally recognized alcohol management or intervention program since July 1, 1993, may be issued a class 12 or 13 permit upon providing proof of completion of such training to the board.


             NEW SECTION. Sec. 83. A new section is added to chapter 66.20 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The board shall immediately suspend the license of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 84. A new section is added to chapter 66.24 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The board shall immediately suspend the license of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 85. A new section is added to chapter 88.02 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a vessel registration or a vessel dealer's registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of registration under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the vessel registration or vessel dealer's registration of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the registration shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 86. RCW 67.08.040 and 1993 c 278 s 14 are each amended to read as follows:

             Except as provided in RCW 67.08.100, upon the approval by the department of any application for a license, as hereinabove provided, and the filing of the bond the department shall forthwith issue such license.


             Sec. 87. RCW 67.08.100 and 1993 c 278 s 20 are each amended to read as follows:

             (1) The department may grant annual licenses upon application in compliance with the rules and regulations prescribed by the director, and the payment of the fees, the amount of which is to be set by the director in accordance with RCW 43.24.086, prescribed to promoters, managers, referees, boxers, wrestlers, and seconds: PROVIDED, That the provisions of this section shall not apply to contestants or participants in strictly amateur contests and/or fraternal organizations and/or veterans' organizations chartered by congress or the defense department or any bona fide athletic club which is a member of the Pacific northwest association of the amateur athletic union of the United States, holding and promoting athletic contests and where all funds are used primarily for the benefit of their members.

             (2) Any such license may be revoked by the department for any cause which it shall deem sufficient.

             (3) No person shall participate or serve in any of the above capacities unless licensed as provided in this chapter.

             (4) The referee for any boxing contest shall be designated by the department from among such licensed referees.

             (5) The referee for any wrestling exhibition or show shall be provided by the promoter and licensed by the department.

             (6) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (7) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 88. RCW 19.02.100 and 1991 c 72 s 8 are each amended to read as follows:

             (1) The department shall not issue or renew a master license to any person if:

             (a) The person does not have a valid tax registration, if required;

             (b) The person is a corporation delinquent in fees or penalties owing to the secretary of state or is not validly registered under Title 23B RCW, chapter 18.100 RCW, Title 24 RCW, and any other statute now or hereafter adopted which gives corporate or business licensing responsibilities to the secretary of state; ((or))

             (c) The person has not submitted the sum of all fees and deposits required for the requested individual license endorsements, any outstanding master license delinquency fee, or other fees and penalties to be collected through the system; or

             (d) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) Nothing in this section shall prevent registration by the state of an employer for the purpose of paying an employee of that employer industrial insurance or unemployment insurance benefits.

             (3) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 89. RCW 43.24.080 and 1979 c 158 s 99 are each amended to read as follows:

             Except as provided in section 92 of this act, at the close of each examination the department of licensing shall prepare the proper licenses, where no further fee is required to be paid, and issue licenses to the successful applicants signed by the director and notify all successful applicants, where a further fee is required, of the fact that they are entitled to receive such license upon the payment of such further fee to the department of licensing and notify all applicants who have failed to pass the examination of that fact.


             Sec. 90. RCW 43.24.110 and 1986 c 259 s 149 are each amended to read as follows:

             Except as provided in section 92 of this act, whenever there is filed in a matter under the jurisdiction of the director of licensing any complaint charging that the holder of a license has been guilty of any act or omission which by the provisions of the law under which the license was issued would warrant the revocation thereof, verified in the manner provided by law, the director of licensing shall request the governor to appoint, and the governor shall appoint within thirty days of the request, two qualified practitioners of the profession or calling of the person charged, who, with the director or his duly appointed representative, shall constitute a committee to hear and determine the charges and, in case the charges are sustained, impose the penalty provided by law. In addition, the governor shall appoint a consumer member of the committee.

             The decision of any three members of such committee shall be the decision of the committee.

             The appointed members of the committee shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their travel expenses, in accordance with RCW 43.03.050 and 43.03.060.


             Sec. 91. RCW 43.24.120 and 1987 c 202 s 212 are each amended to read as follows:

             Except as provided in section 92 of this act, any person feeling aggrieved by the refusal of the director to issue a license, or to renew one, or by the revocation or suspension of a license shall have a right of appeal to superior court from the decision of the director of licensing, which shall be taken, prosecuted, heard, and determined in the manner provided in chapter 34.05 RCW.

             The decision of the superior court may be reviewed by the supreme court or the court of appeals in the same manner as other civil cases.


             NEW SECTION. Sec. 92. A new section is added to chapter 43.24 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license by the department of licensing. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of registration under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend any license issued by the department of licensing of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 93. RCW 70.74.110 and 1988 c 198 s 5 are each amended to read as follows:

             All persons engaged in the manufacture of explosives, or any process involving explosives, or where explosives are used as a component part in the manufacture of any article or device, on ((the date when this 1969 amendatory act takes effect)) August 11, 1969, shall within sixty days thereafter, and all persons engaging in the manufacture of explosives, or any process involving explosives, or where explosives are used as a component part in the manufacture of any article or device after ((this act takes effect)) August 11, 1969, shall, before so engaging, make an application in writing, subscribed to by such person or his agent, to the department of labor and industries, the application stating:

             (1) Location of place of manufacture or processing;

             (2) Kind of explosives manufactured, processed or used;

             (3) The distance that such explosives manufacturing building is located or intended to be located from the other factory buildings, magazines, inhabited buildings, railroads and highways and public utility transmission systems;

             (4) The name and address of the applicant;

             (5) The reason for desiring to manufacture explosives;

             (6) The applicant's citizenship, if the applicant is an individual;

             (7) If the applicant is a partnership, the names and addresses of the partners, and their citizenship;

             (8) If the applicant is an association or corporation, the names and addresses of the officers and directors thereof, and their citizenship; and

             (9) Such other pertinent information as the director of labor and industries shall require to effectuate the purpose of this chapter.

             There shall be kept in the main office on the premises of each explosives manufacturing plant a plan of said plant showing the location of all explosives manufacturing buildings and the distance they are located from other factory buildings where persons are employed and from magazines, and these plans shall at all times be open to inspection by duly authorized inspectors of the department of labor and industries. The superintendent of each plant shall upon demand of said inspector furnish the following information:

             (a) The maximum amount and kind of explosive material which is or will be present in each building at one time.

             (b) The nature and kind of work carried on in each building and whether or not said buildings are surrounded by natural or artificial barricades.

             Except as provided in RCW 70.74.135, 70.74.360, and 70.74.370, the department of labor and industries shall as soon as possible after receiving such application cause an inspection to be made of the explosives manufacturing plant, and if found to be in accordance with RCW 70.74.030 and 70.74.050 and 70.74.061, such department shall issue a license to the person applying therefor showing compliance with the provisions of this chapter if the applicant demonstrates that either the applicant or the officers, agents or employees of the applicant are sufficiently experienced in the manufacture of explosives and the applicant meets the qualifications for a license under RCW 70.74.360. Such license shall continue in full force and effect until expired, suspended, or revoked by the department pursuant to this chapter.


             Sec. 94. RCW 70.74.130 and 1988 c 198 s 7 are each amended to read as follows:

             Every person desiring to engage in the business of dealing in explosives shall apply to the department of labor and industries for a license therefor. Said application shall state, among other things:

             (1) The name and address of applicant;

             (2) The reason for desiring to engage in the business of dealing in explosives;

             (3) Citizenship, if an individual applicant;

             (4) If a partnership, the names and addresses of the partners and their citizenship;

             (5) If an association or corporation, the names and addresses of the officers and directors thereof and their citizenship; and

             (6) Such other pertinent information as the director of labor and industries shall require to effectuate the purpose of this chapter.

             Except as provided in RCW 70.74.135, 70.74.360, and 70.74.370, the department of labor and industries shall issue the license if the applicant demonstrates that either the applicant or the principal officers, agents, or employees of the applicant are experienced in the business of dealing in explosives, possess suitable facilities therefor, have not been convicted of any crime that would warrant revocation or nonrenewal of a license under this chapter, and have never had an explosives-related license revoked under this chapter or under similar provisions of any other state.


             Sec. 95. RCW 70.74.135 and 1988 c 198 s 8 are each amended to read as follows:

             All persons desiring to purchase explosives except handloader components shall apply to the department of labor and industries for a license. Said application shall state, among other things:

             (1) The location where explosives are to be used;

             (2) The kind and amount of explosives to be used;

             (3) The name and address of the applicant;

             (4) The reason for desiring to use explosives;

             (5) The citizenship of the applicant if the applicant is an individual;

             (6) If the applicant is a partnership, the names and addresses of the partners and their citizenship;

             (7) If the applicant is an association or corporation, the names and addresses of the officers and directors thereof and their citizenship; and

             (8) Such other pertinent information as the director of the department of labor and industries shall require to effectuate the purpose of this chapter.

             The department of labor and industries shall issue the license if the applicant demonstrates that either the applicant or the officers, agents or employees of the applicant are sufficiently experienced in the use of explosives to authorize a purchase license. However, no purchaser's license may be issued to any person who cannot document proof of possession or right to use approved and licensed storage facilities unless the person signs a statement certifying that explosives will not be stored. No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 96. RCW 70.74.360 and 1988 c 198 s 3 are each amended to read as follows:

             (1) The director of labor and industries shall require, as a condition precedent to the original issuance or renewal of any explosive license, fingerprinting and criminal history record information checks of every applicant. In the case of a corporation, fingerprinting and criminal history record information checks shall be required for the management officials directly responsible for the operations where explosives are used if such persons have not previously had their fingerprints recorded with the department of labor and industries. In the case of a partnership, fingerprinting and criminal history record information checks shall required of all general partners. Such fingerprints as are required by the department of labor and industries shall be submitted on forms provided by the department to the identification section of the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior convictions of the individuals fingerprinted. The Washington state patrol shall provide to the director of labor and industries such criminal record information as the director may request. The applicant shall give full cooperation to the department of labor and industries and shall assist the department of labor and industries in all aspects of the fingerprinting and criminal history record information check. The applicant may be required to pay a fee not to exceed twenty dollars to the agency that performs the fingerprinting and criminal history process.

             (2) The director of labor and industries shall not issue a license to manufacture, purchase, store, use, or deal with explosives to:

             (a) Any person under twenty-one years of age;

             (b) Any person whose license is suspended or whose license has been revoked, except as provided in RCW 70.74.370;

             (c) Any person who has been convicted in this state or elsewhere of a violent offense as defined in RCW 9.94A.030, perjury, false swearing, or bomb threats or a crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless such other drug or alcohol related offense does not reflect a drug or alcohol dependency. However, the director of labor and industries may issue a license if the person suffering a drug or alcohol related dependency is participating in or has completed an alcohol or drug recovery program acceptable to the department of labor and industries and has established control of their alcohol or drug dependency. The director of labor and industries shall require the applicant to provide proof of such participation and control; ((or))

             (d) Any person who has previously been adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease and who has not at the time of application been restored to competency ; or

             (e) Any person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the director of labor and industries with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (3) The director of labor and industries may establish reasonable licensing fees for the manufacture, dealing, purchase, use, and storage of explosives.


             Sec. 97. RCW 70.74.370 and 1988 c 198 s 4 are each amended to read as follows:

             (1) The department of labor and industries shall revoke and not renew the license of any person holding a manufacturer, dealer, purchaser, user, or storage license upon conviction of any of the following offenses, which conviction has become final:

             (a) A violent offense as defined in RCW 9.94A.030;

             (b) A crime involving perjury or false swearing, including the making of a false affidavit or statement under oath to the department of labor and industries in an application or report made pursuant to this title;

             (c) A crime involving bomb threats;

             (d) A crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless such other drug or alcohol related offense does not reflect a drug or alcohol dependency. However, the department of labor and industries may condition renewal of the license to any convicted person suffering a drug or alcohol dependency who is participating in an alcoholism or drug recovery program acceptable to the department of labor and industries and has established control of their alcohol or drug dependency. The department of labor and industries shall require the licensee to provide proof of such participation and control;

             (e) A crime relating to possession, use, transfer, or sale of explosives under this chapter or any other chapter of the Revised Code of Washington.

             (2) The department of labor and industries shall revoke the license of any person adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease. The director shall not renew the license until the person has been restored to competency.

             (3) The department of labor and industries is authorized to suspend, for a period of time not to exceed six months, the license of any person who has violated this chapter or the rules promulgated pursuant to this chapter.

             (4) The department of labor and industries may revoke the license of any person who has repeatedly violated this chapter or the rules promulgated pursuant to this chapter, or who has twice had his or her license suspended under this chapter.

             (5) The department of labor and industries shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department of labor and industries' receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

             (6) Upon receipt of notification by the department of labor and industries of revocation or suspension, a licensee must surrender immediately to the department any or all such licenses revoked or suspended.


             Sec. 98. RCW 66.24.010 and 1995 c 232 s 1 are each amended to read as follows:

             (1) Every license shall be issued in the name of the applicant, and the holder thereof shall not allow any other person to use the license.

             (2) For the purpose of considering any application for a license, the board may cause an inspection of the premises to be made, and may inquire into all matters in connection with the construction and operation of the premises. For the purpose of reviewing any application for a license and for considering the denial, suspension or revocation of any license, the liquor control board may consider any prior criminal conduct of the applicant and the provisions of RCW 9.95.240 and of chapter 9.96A RCW shall not apply to such cases. The board may, in its discretion, grant or refuse the license applied for. Authority to approve an uncontested or unopposed license may be granted by the board to any staff member the board designates in writing. Conditions for granting such authority shall be adopted by rule. No retail license of any kind may be issued to:

             (a) A person who has not resided in the state for at least one month prior to making application, except in cases of licenses issued to dining places on railroads, boats, or aircraft;

             (b) A copartnership, unless all of the members thereof are qualified to obtain a license, as provided in this section;

             (c) A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee;

             (d) A corporation, unless it was created under the laws of the state of Washington or holds a certificate of authority to transact business in the state of Washington; or

             (e) Any person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the board with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (3)(a) The board may, in its discretion, subject to the provisions of RCW 66.08.150, suspend or cancel any license; and all rights of the licensee to keep or sell liquor thereunder shall be suspended or terminated, as the case may be.

             (b) The board shall immediately suspend the license or certificate of a person who either (i) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (ii) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

             (c) The board may request the appointment of administrative law judges under chapter 34.12 RCW who shall have power to administer oaths, issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, and testimony, examine witnesses, and to receive testimony in any inquiry, investigation, hearing, or proceeding in any part of the state, under such rules and regulations as the board may adopt.

             (d) Witnesses shall be allowed fees and mileage each way to and from any such inquiry, investigation, hearing, or proceeding at the rate authorized by RCW 34.05.446, as now or hereafter amended. Fees need not be paid in advance of appearance of witnesses to testify or to produce books, records, or other legal evidence.

             (e) In case of disobedience of any person to comply with the order of the board or a subpoena issued by the board, or any of its members, or administrative law judges, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, the judge of the superior court of the county in which the person resides, on application of any member of the board or administrative law judge, shall compel obedience by contempt proceedings, as in the case of disobedience of the requirements of a subpoena issued from said court or a refusal to testify therein.

             (4) Upon receipt of notice of the suspension or cancellation of a license, the licensee shall forthwith deliver up the license to the board. Where the license has been suspended only, the board shall return the license to the licensee at the expiration or termination of the period of suspension. The board shall notify all vendors in the city or place where the licensee has its premises of the suspension or cancellation of the license; and no employee may allow or cause any liquor to be delivered to or for any person at the premises of that licensee.

             (5)(a) At the time of the original issuance of a class H license, the board shall prorate the license fee charged to the new licensee according to the number of calendar quarters, or portion thereof, remaining until the first renewal of that license is required.

             (b) Unless sooner canceled, every license issued by the board shall expire at midnight of the thirtieth day of June of the fiscal year for which it was issued. However, if the board deems it feasible and desirable to do so, it may establish, by rule pursuant to chapter 34.05 RCW, a system for staggering the annual renewal dates for any and all licenses authorized by this chapter. If such a system of staggered annual renewal dates is established by the board, the license fees provided by this chapter shall be appropriately prorated during the first year that the system is in effect.

             (6) Every license issued under this section shall be subject to all conditions and restrictions imposed by this title or by the regulations in force from time to time. All conditions and restrictions imposed by the board in the issuance of an individual license shall be listed on the face of the individual license along with the trade name, address, and expiration date.

             (7) Every licensee shall post and keep posted its license, or licenses, in a conspicuous place on the premises.

             (8) Before the board shall issue a license to an applicant it shall give notice of such application to the chief executive officer of the incorporated city or town, if the application be for a license within an incorporated city or town, or to the county legislative authority, if the application be for a license outside the boundaries of incorporated cities or towns; and such incorporated city or town, through the official or employee selected by it, or the county legislative authority or the official or employee selected by it, shall have the right to file with the board within twenty days after date of transmittal of such notice, written objections against the applicant or against the premises for which the license is asked, and shall include with such objections a statement of all facts upon which such objections are based, and in case written objections are filed, may request and the liquor control board may in its discretion hold a formal hearing subject to the applicable provisions of Title 34 RCW. Upon the granting of a license under this title the board shall send a duplicate of the license or written notification to the chief executive officer of the incorporated city or town in which the license is granted, or to the county legislative authority if the license is granted outside the boundaries of incorporated cities or towns.

             (9) Before the board issues any license to any applicant, it shall give (a) due consideration to the location of the business to be conducted under such license with respect to the proximity of churches, schools, and public institutions and (b) written notice by certified mail of the application to churches, schools, and public institutions within five hundred feet of the premises to be licensed. The board shall issue no beer retailer license class A, B, D, or E or wine retailer license class C or F or class H license covering any premises not now licensed, if such premises are within five hundred feet of the premises of any tax-supported public elementary or secondary school measured along the most direct route over or across established public walks, streets, or other public passageway from the outer property line of the school grounds to the nearest public entrance of the premises proposed for license, and if, after receipt by the school or public institution of the notice as provided in this subsection, the board receives written notice, within twenty days after posting such notice, from an official representative or representatives of the school within five hundred feet of said proposed licensed premises, indicating to the board that there is an objection to the issuance of such license because of proximity to a school. For the purpose of this section, church shall mean a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith. No liquor license may be issued or reissued by the board to any motor sports facility or licensee operating within the motor sports facility unless the motor sports facility enforces a program reasonably calculated to prevent alcohol or alcoholic beverages not purchased within the facility from entering the facility and such program is approved by local law enforcement agencies. It is the intent under this subsection that a retail license shall not be issued by the board where doing so would, in the judgment of the board, adversely affect a private school meeting the requirements for private schools under Title 28A RCW, which school is within five hundred feet of the proposed licensee. The board shall fully consider and give substantial weight to objections filed by private schools. If a license is issued despite the proximity of a private school, the board shall state in a letter addressed to the private school the board's reasons for issuing the license.

             (10) The restrictions set forth in subsection (9) of this section shall not prohibit the board from authorizing the assumption of existing licenses now located within the restricted area by other persons or licenses or relocations of existing licensed premises within the restricted area. In no case may the licensed premises be moved closer to a church or school than it was before the assumption or relocation.

             (11) Nothing in this section prohibits the board, in its discretion, from issuing a temporary retail or wholesaler license to an applicant assuming an existing retail or wholesaler license to continue the operation of the retail or wholesaler premises during the period the application for the license is pending and when the following conditions exist:

             (a) The licensed premises has been operated under a retail or wholesaler license within ninety days of the date of filing the application for a temporary license;

             (b) The retail or wholesaler license for the premises has been surrendered pursuant to issuance of a temporary operating license;

             (c) The applicant for the temporary license has filed with the board an application to assume the retail or wholesaler license at such premises to himself or herself; and

             (d) The application for a temporary license is accompanied by a temporary license fee established by the board by rule.

             A temporary license issued by the board under this section shall be for a period not to exceed sixty days. A temporary license may be extended at the discretion of the board for an additional sixty-day period upon payment of an additional fee and upon compliance with all conditions required in this section.

             Refusal by the board to issue or extend a temporary license shall not entitle the applicant to request a hearing. A temporary license may be canceled or suspended summarily at any time if the board determines that good cause for cancellation or suspension exists. RCW 66.08.130 and chapter 34.05 RCW shall apply to temporary licenses.

             Application for a temporary license shall be on such form as the board shall prescribe. If an application for a temporary license is withdrawn before issuance or is refused by the board, the fee which accompanied such application shall be refunded in full.


             Sec. 99. RCW 43.63B.040 and 1994 c 284 s 19 are each amended to read as follows:

             (1) The department shall issue a certificate of manufactured home installation to an applicant who has taken the training course, passed the examination, paid the fees, and in all other respects ((meet[s])) meets the qualifications. The certificate shall bear the date of issuance, a certification identification number, and is renewable every three years upon application and completion of a continuing education program as determined by the department. A renewal fee shall be assessed for each certificate. If a person fails to renew a certificate by the renewal date, the person must retake the examination and pay the examination fee.

             (2) The certificate of manufactured home installation provided for in this chapter grants the holder the right to engage in manufactured home installation throughout the state, without any other installer certification.

             (3) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (4) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 100. RCW 70.95D.040 and 1989 c 431 s 68 are each amended to read as follows:

             (1) The department shall establish a process to certify incinerator and landfill operators. To the greatest extent possible, the department shall rely on the certification standards and procedures developed by national organizations and the federal government.

             (2) Operators shall be certified if they:

             (a) Attend the required training sessions;

             (b) Successfully complete required examinations; and

             (c) Pay the prescribed fee.

             (3) By January 1, 1991, the department shall adopt rules to require incinerator and appropriate landfill operators to:

             (a) Attend a training session concerning the operation of the relevant type of landfill or incinerator;

             (b) Demonstrate sufficient skill and competency for proper operation of the incinerator or landfill by successfully completing an examination prepared by the department; and

             (c) Renew the certificate of competency at reasonable intervals established by the department.

             (4) The department shall provide for the collection of fees for the issuance and renewal of certificates. These fees shall be sufficient to recover the costs of the certification program.

             (5) The department shall establish an appeals process for the denial or revocation of a certificate.

             (6) The department shall establish a process to automatically certify operators who have received comparable certification from another state, the federal government, a local government, or a professional association.

             (7) Upon July 23, 1989, and prior to January 1, 1992, the owner or operator of an incinerator or landfill may apply to the department for interim certification. Operators shall receive interim certification if they:

             (a) Have received training provided by a recognized national organization, educational institution, or the federal government that is acceptable to the department; or

             (b) Have received individualized training in a manner approved by the department; and

             (c) Have successfully completed any required examinations.

             (8) No interim certification shall be valid after January 1, 1992, and interim certification shall not automatically qualify operators for certification pursuant to subsections (2) through (4) of this section.

             (9) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (10) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 101. A new section is added to chapter 70.95B RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 102. RCW 17.21.130 and 1994 c 283 s 15 are each amended to read as follows:

             Any license, permit, or certification provided for in this chapter may be revoked or suspended, and any license, permit, or certification application may be denied by the director for cause. If the director suspends a license under this chapter with respect to activity of a continuing nature under chapter 34.05 RCW, the director may elect to suspend the license for a subsequent license year during a period that coincides with the period commencing thirty days before and ending thirty days after the date of the incident or incidents giving rise to the violation.

             The director shall immediately suspend the license or certificate of a person who either (1) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (2) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 103. RCW 17.21.132 and 1994 c 283 s 16 are each amended to read as follows:

             Any person applying for a license or certification authorized under the provisions of this chapter shall file an application on a form prescribed by the director.

             (1) The application shall state the license or certification and the classification(s) for which the applicant is applying and the method in which the pesticides are to be applied.

             (2) For all classes of licenses except private applicator, all applicants shall be at least eighteen years of age on the date that the application is made. Applicants for a private pesticide applicator license shall be at least sixteen years of age on the date that the application is made.

             (3) Application for a license to apply pesticides shall be accompanied by the required fee. No license may be issued until the required license fee has been received by the department. License fees shall be prorated where necessary to accommodate staggering of expiration dates of a license or licenses.

             (4) Each classification of license issued under this chapter shall expire annually on a date set by rule by the director. License expiration dates may be staggered for administrative purposes. Renewal applications shall be filed on or before the applicable expiration date.

             No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 104. RCW 64.44.060 and 1990 c 213 s 7 are each amended to read as follows:

             (1) After January 1, 1991, a contractor may not perform decontamination, demolition, or disposal work unless issued a certificate by the state department of health. The department shall establish performance standards for contractors by rule in accordance with chapter 34.05 RCW, the administrative procedure act. The department shall train and test, or may approve courses to train and test, contractors and their employees on the essential elements in assessing property used as an illegal drug manufacturing or storage site to determine hazard reduction measures needed, techniques for adequately reducing contaminants, use of personal protective equipment, methods for proper demolition, removal, and disposal of contaminated property, and relevant federal and state regulations. Upon successful completion of the training, the contractor or employee shall be certified.

             (2) The department may require the successful completion of annual refresher courses provided or approved by the department for the continued certification of the contractor or employee.

             (3) The department shall provide for reciprocal certification of any individual trained to engage in decontamination, demolition, or disposal work in another state when the prior training is shown to be substantially similar to the training required by the department. The department may require such individuals to take an examination or refresher course before certification.

             (4) The department may deny, suspend, or revoke a certificate for failure to comply with the requirements of this chapter or any rule adopted pursuant to this chapter. A certificate may be denied, suspended, or revoked on any of the following grounds:

             (a) Failing to perform decontamination, demolition, or disposal work under the supervision of trained personnel;

             (b) Failing to file a work plan;

             (c) Failing to perform work pursuant to the work plan;

             (d) Failing to perform work that meets the requirements of the department; ((or))

             (e) The certificate was obtained by error, misrepresentation, or fraud; or

             (f) If the person has either (i) been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (ii) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (5) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (6) A contractor who violates any provision of this chapter may be assessed a fine not to exceed five hundred dollars for each violation.

             (((6))) (7) The department of health shall prescribe fees as provided for in RCW 43.70.250 for the issuance and renewal of certificates, the administration of examinations, and for the review of training courses.

             (((7))) (8) The decontamination account is hereby established in the state treasury. All fees collected under this chapter shall be deposited in this account. Moneys in the account may only be spent after appropriation for costs incurred by the department in the administration and enforcement of this chapter.


             Sec. 105. RCW 19.146.210 and 1994 c 33 s 10 are each amended to read as follows:

             (1) The director shall issue and deliver a mortgage broker license to an applicant if, after investigation, the director makes the following findings:

             (a) The applicant has paid the required license fees;

             (b) The applicant has complied with RCW 19.146.205;

             (c) Neither the applicant nor any of its principals has had a license issued under this chapter or any similar state statute suspended or revoked within five years of the filing of the present application;

             (d) Neither the applicant nor any of its principals has been convicted of a gross misdemeanor involving dishonesty or financial misconduct or a felony within seven years of the filing of the present application;

             (e) Either the applicant or one of its principals, who may be designated by the applicant, (i) has at least two years of experience in the residential mortgage loan industry or has completed the educational requirements established by rule of the director and (ii) has passed a written examination whose content shall be established by rule of the director; and

             (f) The applicant has demonstrated financial responsibility, character, and general fitness such as to command the confidence of the community and to warrant a belief that the business will be operated honestly, fairly, and efficiently within the purposes of this chapter.

             (2) If the director does not find the conditions of subsection (1) of this section have been met, the director shall not issue the license. The director shall notify the applicant of the denial and return to the applicant the bond or approved alternative and any remaining portion of the license fee that exceeds the department's actual cost to investigate the license.

             (3) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (4) The director shall issue a license under this chapter to any licensee issued a license under chapter 468, Laws of 1993, that has a valid license and is otherwise in compliance with the provisions of this chapter.

             (((4))) (5) A license issued pursuant to this chapter is valid from the date of issuance with no fixed date of expiration.

             (((5))) (6) A licensee may surrender a license by delivering to the director written notice of surrender, but the surrender does not affect the licensee's civil or criminal liability arising from acts or omissions occurring before such surrender.


             Sec. 106. RCW 19.146.220 and 1994 c 33 s 12 are each amended to read as follows:

             (1) The director shall enforce all laws and rules relating to the licensing of mortgage brokers, grant or deny licenses to mortgage brokers, and hold hearings. The director may impose any one or more of the following sanctions:

             (a) Suspend or revoke licenses, deny applications for licenses, or impose penalties upon violators of cease and desist orders issued under this chapter. The director may impose fines, as established by rule by the director, for violations of or failure to comply with any lawful directive, order, or requirement of the director. Each day's continuance of the violation or failure to comply is a separate and distinct violation or failure;

             (b) Issue an order directing a licensee, its employee or loan originator, or other person subject to this chapter to cease and desist from conducting business in a manner that is injurious to the public or violates any provision of this chapter, or to pay restitution to an injured borrower; or

             (c) Issue an order removing from office or prohibiting from participation in the conduct of the affairs of a licensed mortgage broker, or both, any officer, principal, employee, or loan originator, as the case may be, of any licensed mortgage broker.

             (2) The director may take those actions specified in subsection (1) of this section if the director finds any of the following:

             (a) The licensee has failed to pay a fee due the state of Washington under this chapter or, to maintain in effect the bond or approved alternative required under this chapter; or

             (b) The licensee, employee or loan originator of the licensee, or person subject to the license requirements or prohibited practices of this chapter has failed to comply with any specific order or demand of the director lawfully made and directed to the licensee, employee, or loan originator of the licensee in accordance with this chapter; or

             (c) The licensee, its employee or loan originator, or other person subject to this chapter has violated any provision of this chapter or a rule adopted under this chapter; or

             (d) The licensee made false statements on the application or omitted material information that, if known, would have allowed the director to deny the application for the original license.

             (3) The director shall establish by rule standards for licensure of applicants licensed in other jurisdictions. Every licensed mortgage broker that does not maintain a physical office within the state must maintain a registered agent within the state to receive service of any lawful process in any judicial or administrative noncriminal suit, action, or proceeding, against the licensed mortgage broker which arises under this chapter or any rule or order under this chapter, with the same force and validity as if served personally on the licensed mortgage broker. Service upon the registered agent shall be effective if the plaintiff, who may be the director in a suit, action, or proceeding instituted by him or her, sends notice of the service and a copy of the process by registered mail to the defendant or respondent at the last address of the respondent or defendant on file with the director. In any judicial action, suit, or proceeding arising under this chapter or any rule or order adopted under this chapter between the department or director and a licensed mortgage broker who does not maintain a physical office in this state, venue shall be exclusively in the superior court of Thurston county.

             (4) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 107. A new section is added to chapter 26.09 RCW to read as follows:

             (1) Unless the context clearly requires otherwise, the definitions in this section apply in this section.

             (a) "License" means a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, or industry.

             (b) "Licensee" means any individual holding a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, or industry.

             (c) "Licensing entity" includes any department, board, commission, or other organization of the state authorized to issue, renew, suspend, or revoke a license authorizing an individual to engage in a business, occupation, profession, or industry, and the Washington state bar association.

             (d) "Noncompliance with a residential or visitation order" means that a court has found the parent in contempt of court, under RCW 26.09.160 for failure to comply with a residential provision of a court-ordered parenting plan on two occasions within three years.

             (e) "Residential or visitation order" means the residential schedule or visitation schedule contained in a court-ordered parenting plan.

             (2) If a court determines under RCW 26.09.160 that a parent is not in compliance with a provision of a residential or visitation order under RCW 26.09.160, the court shall enter an order directed to the appropriate licensing entity certifying that the parent is not in compliance with a residential or visitation order. The order shall contain the noncomplying parent's name, address, and social security number, and shall indicate whether the obligor is believed to be a licensee who has a license, is in the process of applying for a license, or may seek renewal of a license issued directly by the licensing entity or through a board affiliated with the licensing entity. The court clerk shall forward the order to the licensing entity.

             (3) The court shall set a review hearing date to determine whether the noncomplying parent becomes in compliance with the residential or visitation order. If the court determines at the review hearing that the parent is in compliance with the residential or visitation order, the court shall provide the parent with a written release stating that the parent is in compliance with the residential or visitation order.       (4) Upon receipt of the court order, the licensing entity shall refuse to issue or renew a license to the licensee or shall suspend the licensee's license until the licensee provides the licensing entity with a release from the court that states the licensee is in compliance with the residential or visitation order.


             Sec. 108. RCW 26.09.160 and 1991 c 367 s 4 are each amended to read as follows:

             (1) The performance of parental functions and the duty to provide child support are distinct responsibilities in the care of a child. If a party fails to comply with a provision of a decree or temporary order of injunction, the obligation of the other party to make payments for support or maintenance or to permit contact with children is not suspended. An attempt by a parent, in either the negotiation or the performance of a parenting plan, to condition one aspect of the parenting plan upon another, to condition payment of child support upon an aspect of the parenting plan, to refuse to pay ordered child support, to refuse to perform the duties provided in the parenting plan, or to hinder the performance by the other parent of duties provided in the parenting plan, shall be deemed bad faith and shall be punished by the court by holding the party in contempt of court and by awarding to the aggrieved party reasonable attorneys' fees and costs incidental in bringing a motion for contempt of court.

             (2)(a) A motion may be filed to initiate a contempt action to coerce a parent to comply with an order establishing residential provisions for a child. If the court finds there is reasonable cause to believe the parent has not complied with the order, the court may issue an order to show cause why the relief requested should not be granted.

             (b) If, based on all the facts and circumstances, the court finds after hearing that the parent, in bad faith, has not complied with the order establishing residential provisions for the child, the court shall find the parent in contempt of court. Upon a finding of contempt, the court shall order:

             (i) The noncomplying parent to provide the moving party additional time with the child. The additional time shall be equal to the time missed with the child, due to the parent's noncompliance;

             (ii) The parent to pay, to the moving party, all court costs and reasonable attorneys' fees incurred as a result of the noncompliance, and any reasonable expenses incurred in locating or returning a child; and

             (iii) The parent to pay, to the moving party, a civil penalty, not less than the sum of one hundred dollars.

             The court may also order the parent to be imprisoned in the county jail, if the parent is presently able to comply with the provisions of the court-ordered parenting plan and is presently unwilling to comply. The parent may be imprisoned until he or she agrees to comply with the order, but in no event for more than one hundred eighty days.

             (3) On a second failure within three years to comply with a residential provision of a court-ordered parenting plan, a motion may be filed to initiate contempt of court proceedings according to the procedure set forth in subsection (2) (a) and (b) of this section. On a finding of contempt under this subsection, the court shall ((order)):

             (a) Order the noncomplying parent to provide the other parent or party additional time with the child. The additional time shall be twice the amount of the time missed with the child, due to the parent's noncompliance;

             (b) Order the noncomplying parent to pay, to the other parent or party, all court costs and reasonable attorneys' fees incurred as a result of the noncompliance, and any reasonable expenses incurred in locating or returning a child; ((and))

             (c) Order the noncomplying parent to pay, to the moving party, a civil penalty of not less than two hundred fifty dollars; and

             (d) Enter an order under section 107 of this act directed to the appropriate licensing entity certifying that the parent is not in compliance with the residential schedule or visitation schedule of a permanent parenting plan.

             The court may also order the parent to be imprisoned in the county jail, if the parent is presently able to comply with the provisions of the court-ordered parenting plan and is presently unwilling to comply. The parent may be imprisoned until he or she agrees to comply with the order but in no event for more than one hundred eighty days.

             (4) For purposes of subsections (1), (2), and (3) of this section, the parent shall be deemed to have the present ability to comply with the order establishing residential provisions unless he or she establishes otherwise by a preponderance of the evidence. The parent shall establish a reasonable excuse for failure to comply with the residential provision of a court-ordered parenting plan by a preponderance of the evidence.

             (5) Any monetary award ordered under subsections (1), (2), and (3) of this section may be enforced, by the party to whom it is awarded, in the same manner as a civil judgment.

             (6) Subsections (1), (2), and (3) of this section authorize the exercise of the court's power to impose remedial sanctions for contempt of court and is in addition to any other contempt power the court may possess.

             (7) Upon motion for contempt of court under subsections (1) through (3) of this section, if the court finds the motion was brought without reasonable basis, the court shall order the moving party to pay to the nonmoving party, all costs, reasonable attorneys' fees, and a civil penalty of not less than one hundred dollars.


             Sec. 109. RCW 26.09.165 and 1994 c 162 s 2 are each amended to read as follows:

             All court orders containing parenting plan provisions or orders of contempt, entered pursuant to RCW 26.09.160, shall include the following language:

 

WARNING: VIOLATION OF THE RESIDENTIAL PROVISIONS OF THIS ORDER WITH ACTUAL KNOWLEDGE OF ITS TERMS IS PUNISHABLE BY CONTEMPT OF COURT, MAY CAUSE THE VIOLATOR TO BE DENIED OR HAVE SUSPENDED OR NOT RENEWED A PROFESSIONAL, DRIVER'S, OR OTHER LICENSE, AND MAY BE A CRIMINAL OFFENSE UNDER RCW 9A.40.060(2) or 9A.40.070(2). VIOLATION OF THIS ORDER MAY SUBJECT A VIOLATOR TO ARREST.


             Sec. 110. RCW 26.23.050 and 1994 c 230 s 9 are each amended to read as follows:

             (1) If the office of support enforcement is providing support enforcement services under RCW 26.23.045, or if a party is applying for support enforcement services by signing the application form on the bottom of the support order, the superior court shall include in all court orders that establish or modify a support obligation:

             (a) A provision that orders and directs the responsible parent to make all support payments to the Washington state support registry;

             (b) A statement that a notice of payroll deduction may be issued, or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of the court order, unless:

             (i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or

             (ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; ((and))

             (c) A statement that the receiving parent might be required to submit an accounting of how the support is being spent to benefit the child; and

             (d) A statement that the responsible parent's privileges to obtain and maintain a license, as defined in section 2 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 2 of this act.

             As used in this subsection and subsection (3) of this section, "good cause not to require immediate income withholding" means a written determination of why implementing immediate wage withholding would not be in the child's best interests and, in modification cases, proof of timely payment of previously ordered support.

             (2) In all other cases not under subsection (1) of this section, the court may order the responsible parent to make payments directly to the person entitled to receive the payments, to the Washington state support registry, or may order that payments be made in accordance with an alternate arrangement agreed upon by the parties.

             (a) The superior court shall include in all orders under this subsection that establish or modify a support obligation:

             (i) A statement that a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of the court order, unless:

             (A) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or

             (B) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; and

             (ii) A statement that the receiving parent may be required to submit an accounting of how the support is being spent to benefit the child.

             As used in this subsection, "good cause not to require immediate income withholding" is any reason that the court finds appropriate.

             (b) The superior court may order immediate or delayed income withholding as follows:

             (i) Immediate income withholding may be ordered if the responsible parent has earnings. If immediate income withholding is ordered under this subsection, all support payments shall be paid to the Washington state support registry. The superior court shall issue a mandatory wage assignment order as set forth in chapter 26.18 RCW when the support order is signed by the court. The parent entitled to receive the transfer payment is responsible for serving the employer with the order and for its enforcement as set forth in chapter 26.18 RCW.

             (ii) If immediate income withholding is not ordered, the court shall require that income withholding be delayed until a payment is past due. The support order shall contain a statement that a notice of payroll deduction may be issued, or other income-withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent, after a payment is past due.

             (c) If a mandatory wage withholding order under chapter 26.18 RCW is issued under this subsection and the office of support enforcement provides support enforcement services under RCW 26.23.045, the existing wage withholding assignment is prospectively superseded upon the office of support enforcement's subsequent service of an income withholding notice.

             (3) The office of administrative hearings and the department of social and health services shall require that all support obligations established as administrative orders include a provision which orders and directs that the responsible parent shall make all support payments to the Washington state support registry. All administrative orders shall also state that the responsible parent's privileges to obtain and maintain a license, as defined in section 2 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 2 of this act. All administrative orders shall also state that a notice of payroll deduction may be issued, or other income withholding action taken without further notice to the responsible parent at any time after entry of the order, unless:

             (a) One of the parties demonstrates, and the presiding officer finds, that there is good cause not to require immediate income withholding; or

             (b) The parties reach a written agreement that is approved by the presiding officer that provides for an alternate agreement.

             (4) If the support order does not include the provision ordering and directing that all payments be made to the Washington state support registry and a statement that a notice of payroll deduction may be issued if a support payment is past due or at any time after the entry of the order, or that a parent's licensing privileges may be denied, not renewed, or suspended, the office of support enforcement may serve a notice on the responsible parent stating such requirements and authorizations. Service may be by personal service or any form of mail requiring a return receipt.

             (5) Every support order shall state:

             (a) The address where the support payment is to be sent;

             (b) That a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of an order by the court, unless:

             (i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding; or

             (ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement;

             (c) The income of the parties, if known, or that their income is unknown and the income upon which the support award is based;

             (d) The support award as a sum certain amount;

             (e) The specific day or date on which the support payment is due;

             (f) The social security number, residence address, and name and address of the employer of the responsible parent;

             (g) The social security number and residence address of the physical custodian except as provided in subsection (6) of this section;

             (h) The names, dates of birth, and social security numbers, if any, of the dependent children;

             (i) In cases requiring payment to the Washington state support registry, that the parties are to notify the Washington state support registry of any change in residence address. The responsible parent shall notify the registry of the name and address of his or her current employer, whether he or she has access to health insurance coverage at reasonable cost and, if so, the health insurance policy information;

             (j) That any parent owing a duty of child support shall be obligated to provide health insurance coverage for his or her child if coverage that can be extended to cover the child is or becomes available to that parent through employment or is union-related as provided under RCW 26.09.105;

             (k) That if proof of health insurance coverage or proof that the coverage is unavailable is not provided within twenty days, the obligee or the department may seek direct enforcement of the coverage through the obligor's employer or union without further notice to the obligor as provided under chapter 26.18 RCW; ((and))

             (l) The reasons for not ordering health insurance coverage if the order fails to require such coverage; and

             (m) That the responsible parent's privileges to obtain and maintain a license, as defined in section 2 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 2 of this act.

             (6) The physical custodian's address:

             (a) Shall be omitted from an order entered under the administrative procedure act. When the physical custodian's address is omitted from an order, the order shall state that the custodian's address is known to the office of support enforcement.

             (b) A responsible parent may request the physical custodian's residence address by submission of a request for disclosure under RCW 26.23.120 to the office of support enforcement.

             (7) The superior court clerk, the office of administrative hearings, and the department of social and health services shall, within five days of entry, forward to the Washington state support registry, a true and correct copy of all superior court orders or administrative orders establishing or modifying a support obligation which provide that support payments shall be made to the support registry. If a superior court order entered prior to January 1, 1988, directs the responsible parent to make support payments to the clerk, the clerk shall send a true and correct copy of the support order and the payment record to the registry for enforcement action when the clerk identifies that a payment is more than fifteen days past due. The office of support enforcement shall reimburse the clerk for the reasonable costs of copying and sending copies of court orders to the registry at the reimbursement rate provided in Title IV-D of the social security act.

             (8) Receipt of a support order by the registry or other action under this section on behalf of a person or persons who have not made a written application for support enforcement services to the office of support enforcement and who are not recipients of public assistance is deemed to be a request for payment services only.

             (9) After the responsible parent has been ordered or notified to make payments to the Washington state support registry under this section, the responsible parent shall be fully responsible for making all payments to the Washington state support registry and shall be subject to payroll deduction or other income withholding action. The responsible parent shall not be entitled to credit against a support obligation for any payments made to a person or agency other than to the Washington state support registry except as provided under RCW 74.20.101. A civil action may be brought by the payor to recover payments made to persons or agencies who have received and retained support moneys paid contrary to the provisions of this section.


             Sec. 111. RCW 26.18.100 and 1994 c 230 s 4 are each amended to read as follows:

             The wage assignment order shall be substantially in the following form:


IN THE SUPERIOR COURT OF THE

STATE OF WASHINGTON IN AND FOR THE

COUNTY OF . . . . . . . . .


. . . . . . .. . . . . . .. . . . . . .. . . . . . .,

             Obligee                                                                 No. . . . .

                       vs.

. . . . . . .. . . . . . .. . . . . . .. . . . . . .,                         WAGE ASSIGNMENT

             Obligor                                                                  ORDER

. . . . . . .. . . . . . .. . . . . . .. . . . . . .,

             Employer


THE STATE OF WASHINGTON TO:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

                                                                                                        Employer


AND TO:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                                                                                     Obligor


             The above-named obligee claims that the above-named obligor is subject to a support order requiring immediate income withholding or is more than fifteen days past due in either child support or spousal maintenance payments, or both, in an amount equal to or greater than the child support or spousal maintenance payable for one month. The amount of the accrued child support or spousal maintenance debt as of this date is . . . . . . dollars, the amount of arrearage payments specified in the support or spousal maintenance order (if applicable) is . . . . . . dollars per . . . . . ., and the amount of the current and continuing support or spousal maintenance obligation under the order is . . . . . . dollars per . . . . . .

             You are hereby commanded to answer this order by filling in the attached form according to the instructions, and you must mail or deliver the original of the answer to the court, one copy to the Washington state support registry, one copy to the obligee or obligee's attorney, and one copy to the obligor within twenty days after service of this wage assignment order upon you.

             If you possess any earnings or other remuneration for employment due and owing to the obligor, then you shall do as follows:

             (1) Withhold from the obligor's earnings or remuneration each month, or from each regular earnings disbursement, the lesser of:

             (a) The sum of the accrued support or spousal maintenance debt and the current support or spousal maintenance obligation;

             (b) The sum of the specified arrearage payment amount and the current support or spousal maintenance obligation; or

             (c) Fifty percent of the disposable earnings or remuneration of the obligor.

             (2) The total amount withheld above is subject to the wage assignment order, and all other sums may be disbursed to the obligor.

             (3) Upon receipt of this wage assignment order you shall make immediate deductions from the obligor's earnings or remuneration and remit to the Washington state support registry or other address specified below the proper amounts at each regular pay interval.

             You shall continue to withhold the ordered amounts from nonexempt earnings or remuneration of the obligor until notified by:

             (a) The court that the wage assignment has been modified or terminated; or

             (b) The addressee specified in the wage assignment order under this section that the accrued child support or spousal maintenance debt has been paid.

             You shall promptly notify the court and the addressee specified in the wage assignment order under this section if and when the employee is no longer employed by you, or if the obligor no longer receives earnings or remuneration from you. If you no longer employ the employee, the wage assignment order shall remain in effect for one year after the employee has left your employment or you are no longer in possession of any earnings or remuneration owed to the employee, whichever is later. You shall continue to hold the wage assignment order during that period. If the employee returns to your employment during the one-year period you shall immediately begin to withhold the employee's earnings according to the terms of the wage assignment order. If the employee has not returned to your employment within one year, the wage assignment will cease to have effect at the expiration of the one-year period, unless you still owe the employee earnings or other remuneration.

             You shall deliver the withheld earnings or remuneration to the Washington state support registry or other address stated below at each regular pay interval.

             You shall deliver a copy of this order to the obligor as soon as is reasonably possible. This wage assignment order has priority over any other wage assignment or garnishment, except for another wage assignment or garnishment for child support or spousal maintenance, or order to withhold or deliver under chapter 74.20A RCW.

 

WHETHER OR NOT YOU OWE ANYTHING TO THE OBLIGOR, YOUR FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR OBLIGOR'S CLAIMED SUPPORT OR SPOUSAL MAINTENANCE DEBT TO THE OBLIGEE OR SUBJECT TO CONTEMPT OF COURT.


             NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO REQUEST A HEARING IN THE SUPERIOR COURT THAT ISSUED THIS WAGE ASSIGNMENT ORDER, TO REQUEST THAT THE COURT QUASH, MODIFY, OR TERMINATE THE WAGE ASSIGNMENT ORDER. REGARDLESS OF THE FACT THAT YOUR WAGES ARE BEING WITHHELD PURSUANT TO THIS ORDER, YOU MAY BE DENIED OR HAVE SUSPENDED OR NOT RENEWED A PROFESSIONAL, DRIVER'S, OR OTHER LICENSE IF YOU ACCRUE CHILD SUPPORT ARREARAGES TOTALING MORE THAN SIX MONTHS OF CHILD SUPPORT PAYMENTS OR FAIL TO MAKE PAYMENTS TOWARDS A SUPPORT ARREARAGE IN AN AMOUNT THAT EXCEEDS SIX MONTHS OF PAYMENTS.


             DATED THIS . . . . day of . . . ., 19. . .


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Obligee,                                                                                                                             Judge/Court Commissioner

or obligee's attorney

Send withheld payments to:                     . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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             Sec. 112. RCW 26.23.060 and 1994 c 230 s 10 are each amended to read as follows:

             (1) The office of support enforcement may issue a notice of payroll deduction:

             (a) As authorized by a support order that contains the income withholding notice provisions in RCW 26.23.050 or a substantially similar notice; or

             (b) After service of a notice containing an income withholding provision under this chapter or chapter 74.20A RCW.

             (2) The office of support enforcement shall serve a notice of payroll deduction upon a responsible parent's employer or upon the employment security department for the state in possession of or owing any benefits from the unemployment compensation fund to the responsible parent pursuant to Title 50 RCW by personal service or by any form of mail requiring a return receipt.

             (3) Service of a notice of payroll deduction upon an employer or employment security department requires the employer or employment security department to immediately make a mandatory payroll deduction from the responsible parent's unpaid disposable earnings or unemployment compensation benefits. The employer or employment security department shall thereafter deduct each pay period the amount stated in the notice divided by the number of pay periods per month. The payroll deduction each pay period shall not exceed fifty percent of the responsible parent's disposable earnings.

             (4) A notice of payroll deduction for support shall have priority over any wage assignment, garnishment, attachment, or other legal process.

             (5) The notice of payroll deduction shall be in writing and include:

             (a) The name and social security number of the responsible parent;

             (b) The amount to be deducted from the responsible parent's disposable earnings each month, or alternate amounts and frequencies as may be necessary to facilitate processing of the payroll deduction;

             (c) A statement that the total amount withheld shall not exceed fifty percent of the responsible parent's disposable earnings; ((and))

             (d) The address to which the payments are to be mailed or delivered; and

             (e) A notice to the responsible parent warning the responsible parent that, despite the payroll deduction, the responsible parent's privileges to obtain and maintain a license, as defined in section 2 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 2 of this act.

             (6) An informational copy of the notice of payroll deduction shall be mailed to the last known address of the responsible parent by regular mail.

             (7) An employer or employment security department that receives a notice of payroll deduction shall make immediate deductions from the responsible parent's unpaid disposable earnings and remit proper amounts to the Washington state support registry on each date the responsible parent is due to be paid.

             (8) An employer, or the employment security department, upon whom a notice of payroll deduction is served, shall make an answer to the office of support enforcement within twenty days after the date of service. The answer shall confirm compliance and institution of the payroll deduction or explain the circumstances if no payroll deduction is in effect. The answer shall also state whether the responsible parent is employed by or receives earnings from the employer or receives unemployment compensation benefits from the employment security department, whether the employer or employment security department anticipates paying earnings or unemployment compensation benefits and the amount of earnings. If the responsible parent is no longer employed, or receiving earnings from the employer, the answer shall state the present employer's name and address, if known. If the responsible parent is no longer receiving unemployment compensation benefits from the employment security department, the answer shall state the present employer's name and address, if known.

             (9) The employer or employment security department may deduct a processing fee from the remainder of the responsible parent's earnings after withholding under the notice of payroll deduction, even if the remainder is exempt under RCW 26.18.090. The processing fee may not exceed: (a) Ten dollars for the first disbursement made to the Washington state support registry; and (b) one dollar for each subsequent disbursement to the registry.

             (10) The notice of payroll deduction shall remain in effect until released by the office of support enforcement, the court enters an order terminating the notice and approving an alternate arrangement under RCW 26.23.050(2), or one year has expired since the employer has employed the responsible parent or has been in possession of or owing any earnings to the responsible parent or the employment security department has been in possession of or owing any unemployment compensation benefits to the responsible parent.


             NEW SECTION. Sec. 113. If specific funding for purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, this act is null and void."

             On page 1, line 2 of the title, after "support;" strike the remainder of the title and insert "amending RCW 46.20.291, 46.20.311, 18.04.335, 18.08.350, 18.08.350, 18.11.160, 18.16.100, 18.27.030, 18.27.060, 18.28.060, 18.39.181, 18.46.050, 18.51.054, 18.96.120, 18.96.150, 18.104.110, 18.106.070, 18.130.050, 18.130.120, 18.130.150, 18.160.080, 18.165.160, 18.170.170, 43.20A.205, 43.70.115, 19.28.120, 19.28.125, 19.28.310, 19.28.550, 19.28.580, 19.30.030, 19.30.060, 19.16.110, 19.16.120, 19.31.100, 19.31.130, 19.32.040, 19.32.060, 19.105.330, 19.105.380, 19.105.440, 19.138.130, 19.158.050, 19.166.040, 21.20.070, 21.20.110, 66.20.320, 67.08.040, 67.08.100, 19.02.100, 43.24.080, 43.24.110, 43.24.120, 70.74.110, 70.74.130, 70.74.135, 70.74.360, 70.74.370, 66.24.010, 43.63B.040, 70.95D.040, 17.21.130, 17.21.132, 64.44.060, 19.146.210, 19.146.220, 26.09.160, 26.09.165, 26.23.050, 26.18.100, and 26.23.060; reenacting and amending RCW 18.145.080; adding new sections to chapter 74.20A RCW; adding a new section to chapter 48.22 RCW; adding a new section to chapter 2.48 RCW; adding a new section to chapter 18.04 RCW; adding a new section to chapter 18.08 RCW; adding a new section to chapter 18.16 RCW; adding a new section to chapter 18.20 RCW; adding a new section to chapter 18.28 RCW; adding a new section to chapter 18.39 RCW; adding a new section to chapter 18.43 RCW; adding a new section to chapter 18.44 RCW; adding a new section to chapter 18.51 RCW; adding a new section to chapter 18.76 RCW; adding a new section to chapter 18.85 RCW; adding a new section to chapter 18.96 RCW; adding a new section to chapter 18.104 RCW; adding a new section to chapter 18.106 RCW; adding a new section to chapter 18.130 RCW; adding a new section to chapter 18.140 RCW; adding a new section to chapter 18.145 RCW; adding a new section to chapter 18.165 RCW; adding a new section to chapter 18.170 RCW; adding a new section to chapter 18.175 RCW; adding a new section to chapter 18.185 RCW; adding a new section to chapter 28A.410 RCW; adding a new section to chapter 20.01 RCW; adding a new section to chapter 48.17 RCW; adding a new section to chapter 74.15 RCW; adding a new section to chapter 47.68 RCW; adding a new section to chapter 71.12 RCW; adding a new section to chapter 66.20 RCW; adding a new section to chapter 66.24 RCW; adding a new section to chapter 88.02 RCW; adding a new section to chapter 43.24 RCW; adding a new section to chapter 70.95B RCW; adding a new section to chapter 26.09 RCW; and creating a new section."


             Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Hickel; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.


             Voting Yea: Representatives Huff, Pelesky, Clements, H. Sommers, Valle, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.


             Passed to Committee on Rules for second reading.


February 24, 1996

2SSB 5516        Prime Sponsor, Committee on Labor, Commerce & Trade: Providing for drug-free workplaces. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Commerce & Labor with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. It is the intent of the legislature to promote drug-free workplaces to improve the safety of the workplace, protect the health of workers, and afford employers in this state the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work-related accidents resulting from substance abuse by employees.


             NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

             (2) "Alcohol test" means a chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of alcohol within an individual's body systems.

             (3) "Chain of custody" means the methodology of tracking specimens for the purpose of maintaining control and accountability from initial collection to final disposition for all specimens and providing for accountability at each stage in handling, testing, and storing specimens and reporting test results.

             (4) "Collection site" means a place where individuals present themselves for the purpose of providing a urine, breath, or other specimen to be analyzed for the presence of drugs or alcohol.

             (5) "Confirmation test" or "confirmed test" means a second analytical procedure used to identify the presence of a specific drug or metabolic in a specimen. Drug tests must be confirmed as specified in section 6(5) of this act. Alcohol tests must be confirmed by a second breath test or as specified for drug tests.

             (6) "Department" means the department of social and health services.

             (7) "Drug" means amphetamines, cannabinoids, cocaine, phencyclidine (PCP), methadone, methaqualone, opiates, barbiturates, benzodiazepines, propoxyphene, or a metabolite of any such substances.

             (8) "Drug test" means a chemical, biological, or physical instrumental analysis administered on a specimen sample for the purpose of determining the presence or absence of a drug or its metabolites within the sample.

             (9) "Employee" means a person who is employed for salary, wages, or other remuneration by an employer.

             (10) "Employee assistance program" means a program designed to assist in the identification and resolution of job performance problems associated with employees impaired by personal concerns. A minimum level of core services must include: Consultation and professional, confidential, appropriate, and timely problem assessment services; short-term problem resolution; referrals for appropriate diagnosis, treatment, and assistance; follow-up and monitoring; employee education; and supervisory training.

             (11) "Employer" means an employer subject to Title 51 RCW but does not include the state or any department, agency, or instrumentality of the state; any county; any city; any school district or educational service district; or any municipal corporation.

             (12) "Initial test" means a sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens. An initial drug test must use an immunoassay procedure or an equivalent procedure or must use a more accurate scientifically accepted method approved by the national institute on drug abuse as more accurate technology becomes available in a cost-effective form.

             (13) "Injury" means a sudden and tangible happening, of a traumatic nature, producing an immediate or prompt result and occurring from without, and such physical conditions as result therefrom.

             (14) "Job applicant" means a person who has applied for employment with an employer and has been offered employment conditioned upon successfully passing a drug test and may have begun work pending the results of the drug test.

             (15) "Last-chance agreement" means a notice to an employee who is referred to the employee assistance program due to a verified positive alcohol or drug test or for violating an alcohol or drug-related employer rule that states the terms and conditions of continued employment with which the employee must comply.

             (16) "Medical review officer" means a licensed physician trained in the field of drug testing who provides medical assessment of positive test results, requests reanalysis if necessary, and makes a determination whether or not drug misuse has occurred.

             (17) "Nonprescription medication" means a drug or medication authorized under federal or state law for general distribution and use without a prescription in the treatment of human disease, ailments, or injuries.

             (18) "Prescription medication" means a drug or medication lawfully prescribed by a physician, or other health care provider licensed to prescribe medication, for an individual and taken in accordance with the prescription.

             (19) "Rehabilitation program" means a program approved by the department that is capable of providing expert identification, assessment, and resolution of employee drug or alcohol abuse in a confidential and timely service. Any rehabilitation program under this chapter must contain a two-year continuing care component.

             (20) "Specimen" means breath or urine. "Specimen" may include other products of the human body capable of revealing the presence of drugs or their metabolites or of alcohol, if approved by the United States department of health and human services and permitted by rules adopted under section 13 of this act.

             (21) "Substance" means drugs or alcohol.

             (22) "Substance abuse test" or "test" means a chemical, biological, or physical instrumental analysis administered on a specimen sample for the purpose of determining the presence or absence of a drug or its metabolites or of alcohol within the sample.

             (23) "Threshold detection level" means the level at which the presence of a drug or alcohol can be reasonably expected to be detected by an initial and confirmation test performed by a laboratory meeting the standards specified in this chapter. The threshold detection level indicates the level at which a valid conclusion can be drawn that the drug or alcohol is present in the employee's specimen.

             (24) "Verified positive test result" means a confirmed positive test result obtained by a laboratory meeting the standards specified in this chapter that has been reviewed and verified by a medical review officer in accordance with medical review officer guidelines promulgated by the United States department of health and human services.

             (25) "Workers' compensation premium" means the medical aid fund premium and the accident fund premium under Title 51 RCW.


             NEW SECTION. Sec. 3. (1) An employer, except an employer that is self-insured for the purposes of Title 51 RCW, implementing a drug-free workplace program in accordance with section 4 of this act shall qualify for a five percent workers' compensation premium discount under Title 51 RCW if the employer:

             (a) Is certified by the division of alcohol and substance abuse of the department as provided in section 13 of this act. The employer must maintain an alcohol and drug-free workplace program in accordance with the standards, procedures, and rules established in or under this chapter. If the employer fails to maintain the program as required, the employer shall not qualify for the premium discount provided under this section;

             (b) Is in good standing and remains in good standing with the department of labor and industries with respect to the employer's workers' compensation premium obligations and any other premiums and assessments under Title 51 RCW; and

             (c) Has medical insurance available to its full-time employees through an employer, union, or jointly sponsored medical plan.

             (2) The premium discount must remain in effect as long as the employer is certified under section 13 of this act, up to a maximum of three years from the date of initial certification.

             (3) A certified employer may discontinue operating a drug-free workplace program at any time. The qualification for a premium discount shall expire in accordance with decertification rules adopted by the department under section 13 of this act.

             (4) An employer whose substance abuse testing program reasonably meets, as of July 1, 1996, the requirements for the premium discount provided in this section is not eligible for certification.

             (5) Nothing in this chapter creates or alters an obligation on the part of an employer seeking to participate in this program to bargain with a collective bargaining representative of its employees.

             (6) An employer may not receive premium discounts from the department of labor and industries under more than one premium discount program. An employer participating in and meeting all of the requirements for the discount provided in this section and also participating in another premium discount program offered by the department of labor and industries is only entitled to the premium discount that is the highest.

             (7) The department of labor and industries will notify self-insured employers of the value of drug-free workplace programs and encourage them to implement programs that are in accord with section 4 of this act.


             NEW SECTION. Sec. 4. (1) A drug-free workplace program established under this chapter must contain all of the following elements:

             (a) A written policy statement in compliance with section 5 of this act;

             (b) Substance abuse testing in compliance with section 6 of this act;

             (c) An employee assistance program in compliance with section 7 of this act;

             (d) Employee education in compliance with section 9 of this act; and

             (e) Supervisor training in compliance with section 10 of this act.

             (2) In addition to the requirements of subsection (1) of this section, a drug-free workplace program established under this chapter must be implemented in compliance with the confidentiality standards provided in section 12 of this act.


             NEW SECTION. Sec. 5. (1) An alcohol and drug-free workplace program established under this chapter must contain a written substance abuse policy statement in order to qualify for the premium discount provided under section 3 of this act. The policy must:

             (a) Notify employees that the use or being under any influence of alcohol during working hours is prohibited;

             (b) Notify employees that the use, purchase, possession, or transfer of drugs or having illegal drugs in their system is prohibited and that prescription or nonprescription medications are not prohibited when taken in accordance with a lawful prescription or consistent with standard dosage recommendations;

             (c) Identify the types of testing an employee or job applicant may be required to submit to or other basis used to determine when such a test will be required;

             (d) Identify the actions the employer may take against an employee or job applicant on the basis of a verified positive test result;

             (e) Contain a statement advising an employee or job applicant of the existence of this chapter;

             (f) Contain a general statement concerning confidentiality;

             (g) Identify the consequences of refusing to submit to a drug test;

             (h) Contain a statement advising an employee of the employee assistance program;

             (i) Contain a statement that an employee or job applicant who receives a verified positive test result may contest or explain the result to the employer within five working days after receiving written notification of the positive test result;

             (j) Contain a statement informing an employee of the provisions of the federal drug-free workplace act, if applicable to the employer; and

             (k) Notify employees that the employer may discipline an employee for failure to report an injury in the workplace.

             (2) An employer not having a substance abuse testing program in effect on July 1, 1996, shall ensure that at least sixty days elapse between a general one-time notice to all employees that a substance abuse testing program is being implemented and the beginning of the actual testing. An employer having a substance abuse testing program in place before July 1, 1996, is not required to provide a sixty-day notice period.

             (3) An employer shall include notice of substance abuse testing to all job applicants. A notice of the employer's substance abuse testing policy must also be posted in an appropriate and conspicuous location on the employer's premises, and copies of the policy must be made available for inspection by the employees or job applicants of the employer during regular business hours in the employer's personnel office or other suitable locations. An employer with employees or job applicants who have trouble communicating in English shall make reasonable efforts to help the employees understand the policy statement.


             NEW SECTION. Sec. 6. (1) In conducting substance abuse testing under this chapter, the employer must comply with the standards and procedures established in this chapter and all applicable rules adopted by the department under this chapter and must:

             (a) Require job applicants to submit to a drug test after extending an offer of employment. The employer may use a refusal to submit to a drug test or a verified positive test as a basis for not hiring the job applicant;

             (b) Investigate each workplace injury that results in a worker needing off-site medical attention and require an employee to submit to drug and alcohol tests if the employer reasonably believes the employee has caused or contributed to an injury which resulted in off-site medical attention. An employer need not require that an employee submit to drug and alcohol tests if a supervisor, trained in accordance with section 10 of this act, reasonably believes that the injury was due to the inexperience of the employee or due to a defective or unsafe product or working condition, or other circumstances beyond the control of the employee. Under this chapter, a first-time verified positive test result may not be used as a basis to terminate an employee's employment. However, an employee may be terminated for independent reasons, such as a violation of a safety rule or regulation;

             (c) If the employee in the course of employment is referred to the employee assistance program by the employer as a result of a verified positive drug or alcohol test or an alcohol or drug-related incident in violation of employer rules, require the employee to submit to drug and alcohol testing in conjunction with any recommended rehabilitation program. If the employee assistance program determines that the employee does not require treatment services, the employee must still be required to participate in follow-up testing. However, if an employee voluntarily enters an employee assistance program, without a verified positive drug or alcohol test or a violation of any drug or alcohol related employer rule, follow-up testing is not required. If follow-up testing is conducted, the frequency of the testing shall be at least four times a year for a two-year period after completion of the rehabilitation program and advance notice of the testing date may not be given. A verified positive follow-up test result shall normally require termination of employment.

             (2) This section does not prohibit an employer from conducting other drug or alcohol testing, such as upon reasonable suspicion or a random basis.

             (3) Specimen collection and substance abuse testing under this section must be performed in accordance with regulations and procedures approved by the United States department of health and human services and the United States department of transportation regulations for alcohol and drug testing and must include testing for marijuana, cocaine, amphetamines, opiates, and phencyclidine. Employers may test for any drug listed in section 2(7) of this act.

             (a) A specimen must be collected with due regard to the privacy of the individual providing the specimen and in a manner reasonably calculated to prevent substitution or contamination of the specimen.

             (b) Specimen collection and analysis must be documented. The documentation procedures must include:

             (i) Labeling of specimen containers so as to reasonably preclude the likelihood of erroneous identification of test results; and

             (ii) An opportunity for the employee or job applicant to provide to a medical review officer information the employee or applicant considers relevant to the drug test, including identification of currently or recently used prescription or nonprescription medication or other relevant medical information.

             (c) Specimen collection, storage, and transportation to the testing site must be performed in a manner that reasonably precludes specimen contamination or adulteration.

             (d) An initial and confirmation test conducted under this section, not including the taking or collecting of a specimen to be tested, must be conducted by a laboratory as described in subsection (4) of this section.

             (e) A specimen for a test may be taken or collected by any of the following persons:

             (i) A physician, a physician's assistant, a registered professional nurse, a licensed practical nurse, a nurse practitioner, or a certified paramedic who is present at the scene of an accident for the purpose of rendering emergency medical service or treatment;

             (ii) A qualified person certified or employed by a laboratory certified by the substance abuse and mental health administration or the college of American pathologists; or

             (iii) A qualified person certified or employed by a collection company using collection procedures adopted by the United States department of health and human services and the United States department of transportation for alcohol collection.

             (f) Within five working days after receipt of a verified positive test result from the laboratory, an employer shall inform an employee or job applicant in writing of the positive test result, the consequences of the result, and the options available to the employee or job applicant.

             (g) The employer shall provide to the employee or job applicant, upon request, a copy of the test results.

             (h) An initial test having a positive result must be verified by a confirmation test.

             (i) An employer who performs drug testing or specimen collection shall use chain of custody procedures to ensure proper recordkeeping, handling, labeling, and identification of all specimens to be tested.

             (j) An employer shall pay the cost of all drug or alcohol tests, initial and confirmation, that the employer requires of employees.

             (k) An employee or job applicant shall pay the cost of additional tests not required by the employer.

             (4)(a) A laboratory may not analyze initial or confirmation drug specimens unless:

             (i) The laboratory is approved by the substance abuse and mental health administration or the college of American pathologists;

             (ii) The laboratory has written procedures to ensure the chain of custody; and

             (iii) The laboratory follows proper quality control procedures including, but not limited to:

             (A) The use of internal quality controls including the use of samples of known concentrations that are used to check the performance and calibration of testing equipment, and periodic use of blind samples for overall accuracy;

             (B) An internal review and certification process for test results, conducted by a person qualified to perform that function in the testing laboratory;

             (C) Security measures implemented by the testing laboratory to preclude adulteration of specimens and test results; and

             (D) Other necessary and proper actions taken to ensure reliable and accurate drug test results.

             (b) A laboratory shall disclose to the employer a written test result report within seven working days after receipt of the sample. A laboratory report of a substance abuse test result must, at a minimum, state:

             (i) The name and address of the laboratory that performed the test and the positive identification of the person tested;

             (ii) Positive results on confirmation tests only, or negative results, as applicable;

             (iii) A list of the drugs for which the drug analyses were conducted; and

             (iv) The type of tests conducted for both initial and confirmation tests and the threshold detection levels of the tests.

             A report may not disclose the presence or absence of a drug other than a specific drug and its metabolites listed under this chapter.

             (c) A laboratory shall provide technical assistance through the use of a medical review officer to the employer, employee, or job applicant for the purpose of interpreting a positive confirmed drug test result that could have been caused by prescription or nonprescription medication taken by the employee or job applicant. The medical review officer shall interpret and evaluate the laboratory's positive drug test result and eliminate test results that could have been caused by prescription medication or other medically documented sources in accordance with the United States department of health and human services medical review officer manual.

             (5) A positive initial drug test must be confirmed using the gas chromatography/mass spectrometry method or an equivalent or more accurate scientifically accepted method approved by the substance abuse and mental health administration as the technology becomes available in a cost-effective form.


             NEW SECTION. Sec. 7. (1) The employee assistance program required under this chapter shall provide the employer with a system for dealing with employees whose job performances are declining due to unresolved problems, including alcohol or other drug-related problems, marital problems, or legal or financial problems.

             (2) To ensure appropriate assessment and referral to treatment:

             (a) The employer must notify the employees of the benefits and services of the employee assistance program;

             (b) The employer shall publish notice of the employee assistance program in conspicuous places and explore alternative routine and reinforcing means of publicizing the services; and

             (c) The employer shall provide the employee with notice of the policies and procedures regarding access to and use of the employee assistance program.

             (3) A list of approved employee assistance programs must be provided by the department according to recognized program standards.


             NEW SECTION. Sec. 8. (1)(a) Rehabilitation of employees suffering from either or both alcohol or drug addiction shall be a primary focus of an employee assistance program.

             (b) Under any program under this chapter, the employer may not use a first-time verified positive drug or alcohol test as the basis for termination of an employee. After a first-time verified positive test result, the employee must be given an opportunity to keep his or her job through the use of a last-chance agreement. The last-chance agreement shall require an employee to:

             (i) Submit to an employee assistance program evaluation for chemical dependency;

             (ii) Comply with any treatment recommendations;

             (iii) Be subject to follow-up drug and alcohol testing for two years;

             (iv) Meet the same standards of performance and conduct that are set for other employees; and

             (v) Authorize the employer to receive all relevant information regarding the employee's progress in treatment, if applicable.

             Failure to comply with all the terms of this agreement normally will result in termination of employment.

             (2) When substance abuse treatment is necessary, employees must use treatment services approved by the department, which include a continuing care component lasting for two years.

             (a) The employee assistance program shall monitor the employee's progress while in treatment, including the two-year continuing care component, and notify the employer when an employee is not complying with the programs's treatment recommendations.

             (b) The employer shall monitor job performance and conduct follow-up testing.

             (3) An employer may terminate an employee for the following reasons:

             (a) Refusal to submit to a drug or alcohol test;

             (b) Refusal to agree to or failure to comply with the conditions of a last-chance agreement;

             (c) A second verified positive drug or alcohol test result; or

             (d) After the first verified positive drug or alcohol test, any violation of employer rules pertaining to alcohol and drugs.

             (4) Nothing in this chapter limits the right of any employer who participates in the worker's compensation premium discount program under this chapter to terminate employment for any other reason.


             NEW SECTION. Sec. 9. As part of a program established under this chapter, an employer shall provide all employees with an annual education program on substance abuse, in general, and its effects on the workplace, specifically. An employer with employees who have difficulty communicating in English shall make reasonable efforts to help the employees understand the substance of the education program. An education program for a minimum of one hour should include but is not limited to the following information:

             (1) The explanation of the disease model of addiction for alcohol and drugs;

             (2) The effects and dangers of the commonly abused substances in the workplace; and

             (3) The employer's policies and procedures regarding substance abuse in the workplace and how employees who wish to obtain substance abuse treatment can do so.


             NEW SECTION. Sec. 10. In addition to the education program provided in section 9 of this act, an employer shall provide all supervisory personnel with a minimum of two hours of supervisor training, that should include but is not limited to the following information:

             (1) How to recognize signs of employee substance abuse;

             (2) How to document and collaborate signs of employee substance abuse;

             (3) How to refer employees to the employee assistance program or proper treatment providers; and

             (4) Circumstances and procedures for postinjury testing.


             NEW SECTION. Sec. 11. (1) A physician-patient relationship is not created between an employee or job applicant and an employer, medical review officer, or person performing or evaluating a drug or alcohol test solely by the establishment, implementation, or administration of a drug or alcohol testing program.

             (2) This chapter may not be construed to prevent an employer from establishing reasonable work rules related to employee possession, use, sale, or solicitation of drugs, including convictions for drug-related offenses, and taking action based upon a violation of any of those rules.

             (3) This chapter may not be construed to operate retroactively. This chapter does not abrogate the right of an employer under state or federal law to conduct drug or alcohol tests or implement employee drug or alcohol testing programs. However, only those programs that meet the criteria outlined in this chapter qualify for workers' compensation insurance premiums discounts.

             (4) This chapter may not be construed to prohibit an employer from conducting medical screening or other tests required, permitted, or not disallowed by a statute or rule for the purpose of monitoring exposure of employees to toxic or other unhealthy materials in the workplace or in the performance of job responsibilities. The screening or tests must be limited to testing for the specific material expressly identified in the statute or rule, unless prior written consent of the employee is obtained for other tests.

             (5) This chapter does not establish a legal duty for employers to conduct alcohol or drug tests of employees or job applicants. A cause of action may not arise in favor of a person based upon the failure of an employer to establish or conduct a program or policy for substance abuse testing or to conduct a program or policy in conformance with the standards and procedures established in this chapter. This chapter does not create individual rights of action and may be enforced only by the department by denial of the workers' compensation premium discount provided in section 3 of this act.


             NEW SECTION. Sec. 12. Confidentiality standards that apply to substance abuse testing programs implemented under this chapter include the following:

             (1) Information, interviews, reports, statements, memoranda, and test results, written or otherwise, received through a substance abuse testing program are confidential communications, and may not be used or received in evidence, obtained in discovery, or disclosed in a civil or administrative proceeding, except as provided in subsection (5) of this section.

             (2) An employer, laboratory, medical review officer, employee assistance program, drug or alcohol rehabilitation program, and their agents who receive or have access to information concerning test results shall keep the information confidential, except as provided in subsection (5) of this section.

             (3) Any release of the information must be pursuant to a written consent form that complies with RCW 70.02.030 and is signed voluntarily by the person tested, unless the release is compelled by the division of alcohol and substance abuse of the department or a court of competent jurisdiction in accordance with state and federal confidentiality laws, or unless required by a professional or occupational licensing board in a related disciplinary proceeding. Any disclosure by any agency approved by the department must be in accordance with RCW 70.96A.150. The consent form must contain at a minimum:

             (a) The name of the person who is authorized to obtain the information;

             (b) The purpose of the disclosure;

             (c) The precise information to be disclosed;

             (d) The duration of the consent; and

             (e) The signature of the person authorizing release of the information.

             (4) Information on test results may not be released or used in a criminal proceeding against the employee or job applicant. Information released contrary to this subsection is inadmissible as evidence in a criminal proceeding.

             (5) Nothing in this chapter prohibits:

             (a) An employer from using information concerning an employee or job applicant's substance abuse test results in a lawful manner with respect to that employee or applicant; or

             (b) An entity that obtains the information from disclosing or using the information in a lawful manner as part of a matter relating to the substance abuse test, the test result, or an employer action with respect to the job applicant or employee.


             NEW SECTION. Sec. 13. The department shall adopt by rule procedures and forms for the certification of employers who establish and maintain a drug-free workplace that complies with this chapter. The department shall adopt by rule procedures for the decertification of employers formally certified for the workers' compensation premium discount provided under this chapter. The department may charge a fee for the certification of a drug-free workplace program in an amount that must approximate its administrative costs related to the certification. Certification of an employer is required for each year in which a premium discount is granted. The department may adopt any other rules necessary for the implementation of this chapter.


             NEW SECTION. Sec. 14. (1) The department of labor and industries may adopt rules necessary for the implementation of this chapter including but not limited to provisions for penalties and repayment of premium discounts by employers that are decertified by the department of social and health services under section 13 of this act.

             (2) The department of labor and industries shall conduct an evaluation of the effect of the premium discount provided for under section 3 of this act on workplace safety and the state of Washington industrial insurance fund. The department of labor and industries shall report its preliminary findings to the appropriate committees of the legislature on September 1 of 1997 and 1998 and shall issue a comprehensive final report on December 1, 1999.


             NEW SECTION. Sec. 15. The department shall conduct an evaluation to determine the costs and benefits of the program under this chapter. If the department contracts for the performance of any or all of the evaluation, no more than ten percent of the contract amount may be used to cover indirect expenses. The department shall report its preliminary findings to the legislature on September 1 of 1997 and 1998 and shall issue a comprehensive final report on December 1, 1999.


             NEW SECTION. Sec. 16. Notwithstanding any other provisions of this chapter, the total premium discounts available under section 3 of this act shall not exceed five million dollars during any fiscal year.


             NEW SECTION. Sec. 17. Sections 1 through 16 of this act shall constitute a new chapter in Title 49 RCW.


             NEW SECTION. Sec. 18. Sections 1 through 16 of this act shall expire January 1, 2001."


             On page 1, line 1 of the title, after "workplaces;" strike the remainder of the title and insert "adding a new chapter to Title 49 RCW; and providing an expiration date."


             Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Hickel; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.


             Voting Yea: Representatives Huff, Pelesky, Clements, H. Sommers, Valle, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.


             Passed to Committee on Rules for second reading.


February 24, 1996

SB 6220            Prime Sponsor, Owen: Increasing disability and death benefits for volunteer fire fighters. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Hickel; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.


             Voting Yea: Representatives Huff, Pelesky, Clements, H. Sommers, Valle, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.


             Passed to Committee on Rules for second reading.


February 24, 1996

SB 6253            Prime Sponsor, Smith: Revising the duties of the sentencing guidelines commission. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Corrections with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 9.94A.040 and 1995 c 269 s 303 are each amended to read as follows:

             (1) A sentencing guidelines commission is established as an agency of state government.

             (2) The legislature finds that the commission, having accomplished its original statutory directive to implement this chapter, and having expertise in sentencing practice and policies, shall((, following a public hearing or hearings)):

             (a) ((Devise a series of recommended standard sentence ranges for all felony offenses and a system for determining which range of punishment applies to each offender based on the extent and nature of the offender's criminal history, if any;

             (b) Devise recommended prosecuting standards in respect to charging of offenses and plea agreements; and

             (c) Devise recommended standards to govern whether sentences are to be served consecutively or concurrently.

             (3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community service, and a fine.

             (4) In devising the standard sentence ranges of total and partial confinement under this section, the commission is subject to the following limitations:

             (a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;

             (b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range; and

             (c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.020.

             (5) In carrying out its duties under subsection (2) of this section, the commission shall give consideration to the existing guidelines adopted by the association of superior court judges and the Washington association of prosecuting attorneys and the experience gained through use of those guidelines. The commission shall emphasize confinement for the violent offender and alternatives to total confinement for the nonviolent offender.

             (6) This commission shall conduct a study to determine the capacity of correctional facilities and programs which are or will be available. While the commission need not consider such capacity in arriving at its recommendations, the commission shall project whether the implementation of its recommendations would result in exceeding such capacity. If the commission finds that this result would probably occur, then the commission shall prepare an additional list of standard sentences which shall be consistent with such capacity.

             (7) The commission may)) Evaluate state sentencing policy, to include whether the sentencing ranges and standards are consistent with and further:

             (i) The purposes of this chapter as defined in RCW 9.94A.010; and

             (ii) The intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement for the nonviolent offender.

             The commission shall provide the governor and the legislature with its evaluation and recommendations under this subsection not later than December 1, 1996, and every two years thereafter;

             (b) Recommend to the legislature revisions or modifications to the standard sentence ranges, state sentencing policy, prosecuting standards, and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity((.));

             (((8) The commission shall)) (c) Study the existing criminal code and from time to time make recommendations to the legislature for modification((.));

             (((9) The commission may (a))) (d)(i) Serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local adult and juvenile sentencing practices; (((b))) (ii) develop and maintain a computerized adult and juvenile sentencing information system by individual superior court judge consisting of offender, offense, history, and sentence information entered from judgment and sentence forms for all adult felons; and (((c))) (iii) conduct ongoing research regarding adult and juvenile sentencing guidelines, use of total confinement and alternatives to total confinement, plea bargaining, and other matters relating to the improvement of the adult criminal justice system((.)) and the juvenile justice system;

             (((10) The staff and executive officer of the commission may provide staffing and services to the juvenile disposition standards commission, if authorized by RCW 13.40.025 and 13.40.027. The commission may conduct joint meetings with the juvenile disposition standards commission.

             (11) The commission shall)) (e) Assume the powers and duties of the juvenile disposition standards commission after June 30, ((1997.)) 1996;

             (((12))) (f) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally, specifically review the guidelines relating to the confinement of minor and first offenders as well as the use of diversion, and review the application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth;

             (g) Solicit the comments and suggestions of the juvenile justice community concerning disposition standards, and make recommendations to the legislature regarding revisions or modifications of the standards in accordance with section 2 of this act. The evaluations shall be submitted to the legislature on December 1 of each odd-numbered year. The department of social and health services shall provide the commission with available data concerning the implementation of the disposition standards and related statutes and their effect on the performance of the department's responsibilities relating to juvenile offenders, and with recommendations for modification of the disposition standards. The office of the administrator for the courts shall provide the commission with available data on diversion and dispositions of juvenile offenders under chapter 13.40 RCW; and

             (h) Not later than December 1, 1997, and at least every two years thereafter, based on available information, report to the governor and the legislature on:

             (i) Racial disproportionality in juvenile and adult sentencing;

             (ii) The capacity of state and local juvenile and adult facilities and resources; and

             (iii) Recidivism information on adult and juvenile offenders.

             (3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community service, and a fine.

             (4) The standard sentence ranges of total and partial confinement under this chapter are subject to the following limitations:

             (a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;

             (b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range; and

             (c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.021.

             (5) The commission shall exercise its duties under this section in conformity with chapter 34.05 RCW.


             NEW SECTION. Sec. 2. A new section is added to chapter 9.94A RCW to read as follows:

             (1) The sentencing guidelines commission shall recommend to the legislature no later than December 1, 1996, disposition standards for all offenses subject to the juvenile justice act, chapter 13.40 RCW.

             (2) The standards shall establish, in accordance with the purposes of chapter 13.40 RCW, ranges that may include terms of confinement and/or community supervision established on the basis of the current offense and the history and seriousness of previous offenses, but in no case may the period of confinement and supervision exceed that to which an adult may be subjected for the same offense or offenses.

             (3) Standards recommended for offenders listed in RCW 13.40.020(1) shall include a range of confinement that may not be less than thirty days. No standard range may include a period of confinement that includes both more than thirty, and thirty or fewer, days. Disposition standards recommended by the commission shall provide that in all cases where a youth is sentenced to a term of confinement in excess of thirty days the department may impose an additional period of parole.

             (4) Standards of confinement that may be proposed may relate only to the length of the proposed terms and not to the nature of the security to be imposed.

             (5) The commission's recommendations for the disposition standards shall result in a simplified sentencing system. In setting the new standards, the commission shall focus on the need to protect public safety by emphasizing punishment, deterrence, and confinement for violent and repeat offenders. The seriousness of the offense shall be the most important factor in determining the length of confinement, while the offender's age and criminal history shall count as contributing factors. The commission shall increase judicial flexibility and discretion by broadening standard ranges of confinement. The commission shall provide for the use of basic training camp programs. Alternatives to total confinement shall be considered for nonviolent offenders.

             (6) In setting new standards, the commission must also study the feasibility of creating a disposition option allowing a court to order minor/first or middle offenders into inpatient substance abuse treatment. To determine the feasibility of that option, the commission must review the number of existing beds and funding available through private, county, state, or federal resources, criteria for eligibility for funding, competing avenues of access to those beds, the current system's method of prioritizing the needs for limited bed space, the average length of stay in inpatient treatment, the costs of that treatment, and the cost-effectiveness of inpatient treatment compared to outpatient treatment.

             (7) In setting new standards, the commission must also recommend disposition and institutional options for serious or chronic offenders between the ages of fifteen and twenty-five who currently must either be released from juvenile court jurisdiction at age twenty-one or who are prosecuted as adults because the juvenile system is inadequate to address the seriousness of their crimes, their rehabilitation needs, or public safety. One option must include development of a youthful offender disposition option that combines adult criminal sentencing guidelines and juvenile disposition standards and addresses: (a) Whether youthful offenders would be under jurisdiction of the department of corrections or the department of social and health services; (b) whether current age restrictions on juvenile court jurisdiction would be modified; and (c) whether the department of social and health services or the department of corrections would provide institutional and community correctional services. The option must also recommend an implementation timeline and plan, identify funding and capital construction or improvement options to provide separate facilities for youthful offenders, and identify short and long-term fiscal impacts.

             (8) In developing the new standards, the commission must review disposition options in other states and consult with interested parties including superior court judges, prosecutors, defense attorneys, juvenile court administrators, victims' advocates, the department of corrections and the department of social and health services, and members of the legislature.

             (9) The commission shall consider whether juveniles prosecuted under the juvenile justice system for committing violent, sex, or repeated property offenses should be automatically prosecuted as adults when their term of confinement under the adult sentencing system is longer than their term of confinement under the juvenile system. The commission shall consider the option of allowing the prosecutor to determine in which system the juvenile should be prosecuted based on the anticipated length of confinement in both systems if the court imposes an exceptional sentence or manifest injustice above the standard range as requested by the prosecutor.


             Sec. 3. RCW 9.94A.060 and 1993 c 11 s 1 are each amended to read as follows:

             (1) The commission consists of ((sixteen)) twenty voting members, one of whom the governor shall designate as chairperson. With the exception of ex officio voting members, the voting members of the commission shall be appointed by the governor, subject to confirmation by the senate.

             (2) The voting membership consists of the following:

             (a) The head of the state agency having general responsibility for adult correction programs, as an ex officio member;

             (b) The director of financial management or designee, as an ex officio member;

             (c) Until ((June 30, 1998, the chair of)) the indeterminate sentence review board ceases to exist pursuant to RCW 9.95.0011, the chair of the board, as an ex officio member;

             (d) The ((chair of the clemency and pardons board)) head of the state agency, or the agency head's designee, having responsibility for juvenile corrections programs, as an ex officio member;

             (e) Two prosecuting attorneys;

             (f) Two attorneys with particular expertise in defense work;

             (g) Four persons who are superior court judges;

             (h) One person who is the chief law enforcement officer of a county or city;

             (i) ((Three)) Four members of the public who are not ((and have never been)) prosecutors, defense attorneys, judges, or law enforcement officers, one of whom is a victim of crime or a crime victims' advocate;

             (j) One person who is an elected official of a county government, other than a prosecuting attorney or sheriff;

             (k) One person who is an elected official of a city government;

             (l) One person who is an administrator of juvenile court services.

             In making the appointments, the governor shall endeavor to assure that the commission membership includes adequate representation and expertise relating to both the adult criminal justice system and the juvenile justice system. In making the appointments, the governor shall seek the recommendations of Washington prosecutors in respect to the prosecuting attorney members, of the Washington state bar association in respect to the defense attorney members, of the association of superior court judges in respect to the members who are judges, ((and)) of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer, of the Washington state association of counties in respect to the member who is a county official, of the association of Washington cities in respect to the member who is a city official, of the office of crime victims advocacy and other organizations of crime victims in respect to the member who is a victim of crime or a crime victims' advocate, and of the Washington association of juvenile court administrators in respect to the member who is an administrator of juvenile court services.

             (3)(a) All voting members of the commission, except ex officio voting members, shall serve terms of three years and until their successors are appointed and confirmed. ((However, the governor shall stagger the terms by appointing four of the initial members for terms of one year, four for terms of two years, and four for terms of three years.))

             (b) The governor shall stagger the terms of the members appointed under subsection (2)(j), (k), and (l) of this section by appointing one of them for a term of one year, one for a term of two years, and one for a term of three years.

             (4) The speaker of the house of representatives and the president of the senate may each appoint two nonvoting members to the commission, one from each of the two largest caucuses in each house. The members so appointed shall serve two-year terms, or until they cease to be members of the house from which they were appointed, whichever occurs first.

             (5) The members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed by their respective houses as provided under RCW 44.04.120, as now existing or hereafter amended. Members shall be compensated in accordance with RCW 43.03.250.


             Sec. 4. RCW 13.40.025 and 1995 c 269 s 302 are each amended to read as follows:

             (1) There is established a juvenile disposition standards commission to propose disposition standards to the legislature in accordance with RCW 13.40.030 and perform the other responsibilities set forth in this chapter.

             (2) The commission shall be composed of the secretary or the secretary's designee and the following nine members appointed by the governor, subject to confirmation by the senate: (a) A superior court judge; (b) a prosecuting attorney or deputy prosecuting attorney; (c) a law enforcement officer; (d) an administrator of juvenile court services; (e) a public defender actively practicing in juvenile court; (f) a county legislative official or county executive; and (g) three other persons who have demonstrated significant interest in the adjudication and disposition of juvenile offenders. In making the appointments, the governor shall seek the recommendations of the association of superior court judges in respect to the member who is a superior court judge; of Washington prosecutors in respect to the prosecuting attorney or deputy prosecuting attorney member; of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer; of juvenile court administrators in respect to the member who is a juvenile court administrator; and of the state bar association in respect to the public defender member; and of the Washington association of counties in respect to the member who is either a county legislative official or county executive.

             (3) The secretary or the secretary's designee shall serve as chairman of the commission.

             (4) The secretary shall serve on the commission during the secretary's tenure as secretary of the department. The term of the remaining members of the commission shall be three years. The initial terms shall be determined by lot conducted at the commission's first meeting as follows: (a) Four members shall serve a two-year term; and (b) four members shall serve a three-year term. In the event of a vacancy, the appointing authority shall designate a new member to complete the remainder of the unexpired term.

             (5) Commission members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members shall be compensated in accordance with RCW 43.03.240.

             (6) The commission shall cease to exist on June 30, ((1997)) 1996, and its powers and duties shall be transferred to the sentencing guidelines commission established under RCW 9.94A.040.


             Sec. 5. RCW 13.40.030 and 1989 c 407 s 3 are each amended to read as follows:

             (1)(((a) The juvenile disposition standards commission shall recommend to the legislature no later than November 1st of each year disposition standards for all offenses. The standards shall establish, in accordance with the purposes of this chapter, ranges which may include terms of confinement and/or community supervision established on the basis of a youth's age, the instant offense, and the history and seriousness of previous offenses, but in no case may the period of confinement and supervision exceed that to which an adult may be subjected for the same offense(s). Standards recommended for offenders listed in RCW 13.40.020(1) shall include a range of confinement which may not be less than thirty days. No standard range may include a period of confinement which includes both more than thirty, and thirty or less, days. Disposition standards recommended by the commission shall provide that in all cases where a youth is sentenced to a term of confinement in excess of thirty days the department may impose an additional period of parole not to exceed eighteen months. Standards of confinement which may be proposed may relate only to the length of the proposed terms and not to the nature of the security to be imposed. In developing recommended disposition standards, the commission shall consider the capacity of the state juvenile facilities and the projected impact of the proposed standards on that capacity.

             (b))) The secretary shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based on the age, offense(s), and criminal history of the juvenile offender. Such guidelines shall be submitted to the legislature for its review no later than November 1st of each year. At the same time the secretary shall submit a report on security at juvenile facilities during the preceding year. The report shall include the number of escapes from each juvenile facility, the most serious offense for which each escapee had been confined, the number and nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while on leave, and the number and nature of offenses committed by juveniles while in the community on minimum security status; to the extent this information is available to the secretary. The department shall include security status definitions in the security guidelines it submits to the legislature pursuant to this section.

             (2) ((In developing recommendations for)) The permissible ranges of confinement ((under this section the commission shall be)) resulting from a finding of manifest injustice under RCW 13.40.0357 are subject to the following limitations:

             (a) Where the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;

             (b) Where the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and

             (c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.


             Sec. 6. RCW 13.50.010 and 1994 sp.s. c 7 s 541 are each amended to read as follows:

             (1) For purposes of this chapter:

             (a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the department of social and health services and its contracting agencies, schools; and, in addition, persons or public or private agencies having children committed to their custody;

             (b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;

             (c) "Social file" means the juvenile court file containing the records and reports of the probation counselor;

             (d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.

             (2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.

             (3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:

             (a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency;

             (b) An agency shall take reasonable steps to assure the security of its records and prevent tampering with them; and

             (c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.

             (4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.

             (5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.

             (6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.

             (7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

             (8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). The court shall release to the sentencing guidelines commission records needed for its research and data-gathering functions under RCW 9.94A.040 and other statutes. Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.

             (9) Juvenile detention facilities shall release records to the ((juvenile disposition standards)) sentencing guidelines commission under RCW 13.40.025 and 9.94A.040 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.


             Sec. 7. RCW 72.09.300 and 1994 sp.s. c 7 s 542 are each amended to read as follows:

             (1) Every county legislative authority shall by resolution or ordinance establish a local law and justice council. The county legislative authority shall determine the size and composition of the council, which shall include the county sheriff and a representative of the municipal police departments within the county, the county prosecutor and a representative of the municipal prosecutors within the county, a representative of the city legislative authorities within the county, a representative of the county's superior, juvenile, district, and municipal courts, the county jail administrator, the county clerk, the county risk manager, and the secretary of corrections. Officials designated may appoint representatives.

             (2) A combination of counties may establish a local law and justice council by intergovernmental agreement. The agreement shall comply with the requirements of this section.

             (3) The local law and justice council shall develop a local law and justice plan for the county. The council shall design the elements and scope of the plan, subject to final approval by the county legislative authority. The general intent of the plan shall include seeking means to maximize local resources including personnel and facilities, reduce duplication of services, and share resources between local and state government in order to accomplish local efficiencies without diminishing effectiveness. The plan shall also include a section on jail management. This section may include the following elements:

             (a) A description of current jail conditions, including whether the jail is overcrowded;

             (b) A description of potential alternatives to incarceration;

             (c) A description of current jail resources;

             (d) A description of the jail population as it presently exists and how it is projected to change in the future;

             (e) A description of projected future resource requirements;

             (f) A proposed action plan, which shall include recommendations to maximize resources, maximize the use of intermediate sanctions, minimize overcrowding, avoid duplication of services, and effectively manage the jail and the offender population;

             (g) A list of proposed advisory jail standards and methods to effect periodic quality assurance inspections of the jail;

             (h) A proposed plan to collect, synthesize, and disseminate technical information concerning local criminal justice activities, facilities, and procedures;

             (i) A description of existing and potential services for offenders including employment services, substance abuse treatment, mental health services, and housing referral services.

             (4) The council may propose other elements of the plan, which shall be subject to review and approval by the county legislative authority, prior to their inclusion into the plan.

             (5) The county legislative authority may request technical assistance in developing or implementing the plan from other units or agencies of state or local government, which shall include the department, the office of financial management, and the Washington association of sheriffs and police chiefs.

             (6) Upon receiving a request for assistance from a county, the department may provide the requested assistance.

             (7) The secretary may adopt rules for the submittal, review, and approval of all requests for assistance made to the department. The secretary may also appoint an advisory committee of local and state government officials to recommend policies and procedures relating to the state and local correctional systems and to assist the department in providing technical assistance to local governments. The committee shall include representatives of the county sheriffs, the police chiefs, the county prosecuting attorneys, the county and city legislative authorities, and the jail administrators. The secretary may contract with other state and local agencies and provide funding in order to provide the assistance requested by counties.

             (8) The department shall establish a base level of state correctional services, which shall be determined and distributed in a consistent manner state-wide. The department's contributions to any local government, approved pursuant to this section, shall not operate to reduce this base level of services.

             (9) The council shall establish an advisory committee on juvenile justice proportionality. The council shall appoint the county juvenile court administrator and at least five citizens as advisory committee members. The citizen advisory committee members shall be representative of the county's ethnic and geographic diversity. The advisory committee members shall serve two-year terms and may be reappointed. The duties of the advisory committee include:

             (a) Monitoring and reporting to the ((juvenile disposition standards)) sentencing guidelines commission on the proportionality, effectiveness, and cultural relevance of:

             (i) The rehabilitative services offered by county and state institutions to juvenile offenders; and

             (ii) The rehabilitative services offered in conjunction with diversions, deferred dispositions, community supervision, and parole;

             (b) Reviewing citizen complaints regarding bias or disproportionality in that county's juvenile justice system;

             (c) By September 1 of each year, beginning with 1995, submit to the ((juvenile disposition standards)) sentencing guidelines commission a report summarizing the advisory committee's findings under (a) and (b) of this subsection.


             Sec. 8. 1995 c 269 s 3603 (uncodified) is amended to read as follows:

             Section 301 of this act shall take effect June 30, ((1997)) 1996.


             NEW SECTION. Sec. 9. RCW 13.40.027 and 1993 c 415 s 9, 1992 c 205 s 103, 1989 c 407 s 2, 1986 c 288 s 9, & 1981 c 299 s 4 are each repealed.


             NEW SECTION. Sec. 10. 1996 c . . . s 3 (section 3 of this act) is repealed, effective June 30, 1999.


             NEW SECTION. Sec. 11. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, this act is null and void.


             NEW SECTION. Sec. 12. (1) Sections 1 through 8 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.

             (2) Section 9 of this act takes effect July 1, 1996."


             On page 1, line 1 of the title, after "commission;" strike the remainder of the title and insert "amending RCW 9.94A.040, 9.94A.060, 13.40.025, 13.40.030, 13.50.010, and 72.09.300; amending 1995 c 269 s 3603 (uncodified); adding a new section to chapter 9.94A RCW; creating a new section; repealing RCW 13.40.027; providing an effective date; and declaring an emergency."


             Signed by Representatives Huff, Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Hickel; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.


             Voting Yea: Representatives Huff, Pelesky, Clements, H. Sommers, Valle, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.


             Passed to Committee on Rules for second reading.


February 24, 1996

SB 6294            Prime Sponsor, Bauer: Increasing a distribution of motor vehicle excise taxes to cities. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Hickel; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.


             Voting Yea: Representatives Huff, Pelesky, Clements, H. Sommers, Valle, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.


             Passed to Committee on Rules for second reading.


February 24, 1996

2SSB 6336        Prime Sponsor, Committee on Ways & Means: Establishing the water resources board. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Agriculture & Ecology with the following amendment:


             Strike everything after the enacting clause and insert the following:


"PART I

WATER RESOURCES BOARD


             NEW SECTION. Sec. 1. The legislature finds that balanced administration and management of the state water resources is of paramount importance to the citizens of the state. The legislature finds that regional differences in water resource conditions require greater consideration in the development and administration of water resource policy. The legislature finds that to effectively take regional differences into consideration, the decision-making authority needs to be based on water resource plans developed by local elected officials and interested persons from various regions of the state.

             It is the intent of the legislature to create a water resources board to establish and administer certain state-wide policies and to divide the board into two regional commissions for establishing and administering other policies. Further, it is the direction of the legislature that the board implement programs that are balanced with the interests of all sectors of the state's residents taken in account.

             It is further the intent of the legislature that all existing water rights be protected and not diminished by the actions of the state and that the principles of the prior appropriation doctrine of western water law remain unchanged by this enactment (chapter . . ., Laws of 1996).


             NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter.

             (1) "Board" means the water resources board created by this chapter.

             (2) "Commission" means the western or eastern Washington water resource commission established pursuant to this chapter.

             (3) "Water supply special purpose district" means a water, combined water-sewer, irrigation, reclamation, or public utility district that provides water to persons or other water users within the district.

             (4) "State engineer" means the person hired by the board to administer the state engineer's office and the water resource programs and responsibilities assigned to that office.

             (5) "WRIA" means a water resource inventory area established in WAC 173-500-030, as it exists on January 1, 1996.


             NEW SECTION. Sec. 3. (1) There is hereby created and established a water resources board. The board shall be composed of the members of the two commissions created by this subsection. There are hereby created and established two subdivisions of the water resources board to be known as the eastern Washington water resource commission and the western Washington water resource commission. The eastern Washington water resource commission shall have jurisdiction throughout the area of the state east of the crest of the Cascade mountains and including all of Skamania county. The western Washington water resource commission shall have jurisdiction throughout the area of the state west of the crest of the Cascade mountains, exclusive of Skamania county.

             (2) The members of a commission shall serve four-year terms. Each of the commissioners shall hold office until his or her successor is appointed. The members of a commission shall biennially choose a chair from among themselves. The chair of the eastern Washington water resource commission and the chair of the western Washington water resource commission shall serve as chair of the water resources board in alternating years. The chair of the eastern commission shall serve as the chair of the board in each odd-numbered year.

             (3) Each commission shall be composed of eight members nominated by the counties and appointed by the governor as provided in this section.

             (a) The counties within the jurisdiction of the eastern Washington water resource commission are divided into two groups: (i) Benton, Chelan, Douglas, Franklin, Grant, Kittitas, Klickitat, Okanogan, Skamania, and Yakima counties; and (ii) the remaining counties within the jurisdiction of the commission. The counties assigned to a particular group shall collectively nominate six persons for appointment to the eastern Washington water resource commission and submit this list of nominations to the governor. The governor shall appoint four members of the commission from each of the two lists submitted in this manner.

             (b) The counties within the jurisdiction of the western Washington water resource commission are divided into four groups: (i) King, Pierce, and Snohomish counties; (ii) Island, San Juan, Skagit, and Whatcom counties; (iii) Clallam, Jefferson, Kitsap, Mason, and Grays Harbor counties; and (iv) the remaining counties within the jurisdiction of the commission. Nominations for appointment to the western Washington water resource commission from each group shall be submitted to the governor.

             (c) Each of the counties listed in (b)(i) of this subsection shall nominate two persons and each of the cities of Seattle, Tacoma, and Everett shall nominate two persons for appointment to the commission and the governor shall appoint five members to the western Washington water resource commission from these nominations.

             (d) The counties in (b)(ii) of this subsection shall collectively nominate three persons for appointment to the commission and the governor shall appoint one member to the western Washington water resource commission from these nominations. The counties in (b)(iii) of this subsection shall collectively nominate three persons for appointment to the commission and the governor shall appoint one member to the western Washington water resource commission from these nominations. The counties in (b)(iv) of this subsection shall collectively nominate three persons for appointment to the commission and the governor shall appoint one member to the western Washington water resource commission from these nominations.

             (e) The members of the legislative authorities of the counties assigned to a group by (a) of this subsection or assigned to a group by (b) of this subsection shall convene to nominate persons for appointment to the eastern or western Washington water resource commission. The counties and the counties and cities in (c) of this subsection shall provide their lists of nominees to the governor not later than thirty days after the effective date of this section. If the counties assigned to a group do not provide nominations within the prescribed time, the governor may make the appointments allocated to the group without nominations. Each county assigned to a group by this subsection (3) for one or more collective nominations shall be entitled to three votes for each nomination and shall divide the votes equally among the members of the legislative authority of the county. Nominations shall be made by a majority vote of all of such members assigned to the group based on the votes allocated to them under this section. The governor shall make all appointments to the commissions within ninety days of the effective date of this section.

             Nominations and appointments to fill vacancies on the commission shall be made as provided by this section for original appointments to the positions. Such nominations shall be made within sixty days of the date the vacancy is created or the appointment shall be made without nominations. The governor shall appoint a person to fill a vacancy within thirty days of the date the vacancy is created.

             Nominations and appointments to fill expired terms of office of the members of the commission shall be made as prescribed for nominations and appointments for the initial membership of the commissions. The members of the county legislative authorities shall make nominations sixty days before the expiration of terms of office and the governor shall make appointments not later than the date of the expiration of the terms of office, which appointments shall take effect upon the expiration of those terms.

             (4) Each person nominated for appointment to a commission shall be knowledgeable about state water law and have at least five years' experience in water resource matters.

             (5) No elective state official, state officer, or state employee shall be a member of a commission nor may a member of the commission have been such an official, officer, or employee within two years of being appointed to the commission. At the time of their appointment and thereafter during their respective terms of office, the members of the eastern commission shall reside within the eastern jurisdiction and the members of the western commission shall reside within the western jurisdiction. No more than two members of each commission shall reside in the same county.

             (6) The governor may remove any member of a commission for malfeasance or misfeasance in office or for having at least five unexcused absences during the person's term of office which constitute twenty percent or more of the meetings that have been conducted by the commission during the term. A person's absence from a meeting may be excused: By the chair of the commission if a written request to do so is received by the chair before the meeting from which the member is to be absent; or by a majority vote of the members of the commission at the meeting during which the member is absent.

             (7) Each member of the commissions may receive reimbursement for travel expenses incurred in the discharge of his or her duties in accordance with RCW 43.03.050 and 43.03.060. The board and the commissions shall operate on a part-time basis and each member shall receive compensation pursuant to RCW 43.03.250. The principal office of each commission shall be located within the jurisdictional boundaries of each commission. The principal office of the board shall be in the same location as the principal office of the state engineer.


             NEW SECTION. Sec. 4. For actions taken by the board, a majority of all of the commissioners shall constitute a quorum. A majority of the members of a commission shall constitute a quorum of the commission for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission. Any investigation, inquiry, or hearing that a commission has power to undertake or to hold may be undertaken or held by or before any commissioner. All investigations, inquiries, and hearings of a commission, and all findings, orders, or decisions, made by a commissioner, when approved and confirmed by the commission and filed in its office, shall be and be deemed to be the orders or decisions of the commission. All actions of a commission, the board, or of a commissioner acting individually under the authority of this section shall be conducted in accordance with the administrative procedure act, chapter 34.05 RCW.


             NEW SECTION. Sec. 5. (1) In addition to the powers, duties, and functions in sections 15 and 16 of this act, the board and the commissions have the powers and duties assigned by this section.

             (a) The board shall adopt rules for its operation.

             (b) The board shall appoint the state engineer. The state engineer shall serve at the pleasure of the board.

             (c) The board shall prepare and approve a proposed budget for the board, the commissions, and the office of the state engineer.

             (d) Each commission shall appoint and employ staff as may be necessary for the direct support of the activities of the commission.

             (e) Each commission shall approve or deny all interbasin transfers within its jurisdiction with the advice of the state engineer. The board shall by rule adopt procedures for interbasin transfers, consistent with state law.

             (2) The board and the commissions severally may adopt rules only: To the extent specifically required by federal law or a court order; to the extent explicitly authorized by state law; or to implement a specific objective of a state statute.

             (3) The state engineer shall administer the state's water quantity programs on behalf of the board and the commissions through an office of the state engineer which is hereby created. The state engineer shall be the administrator of the office and the supervisor of the employees of the office.


             NEW SECTION. Sec. 6. All proceedings of a commission or of the board are subject to the open public meetings act, chapter 42.30 RCW. All public records in possession of the board, the commissions, and the state engineer shall be subject to chapter 42.17 RCW regarding public records. The board shall make and submit to the governor and the legislature a biennial report beginning January 1998 containing a statement of the transactions and proceedings of its office, together with the information gathered by the board, the commissions, and the state engineer and such other facts, suggestions, and recommendations as the governor may require or the legislature request.


             NEW SECTION. Sec. 7. In exercising the powers, duties, and functions transferred to the state engineer in sections 15 and 16 of this act, the state engineer is encouraged to collect data from available sources, conduct analyses and studies by contract, and conduct field investigations by means of memoranda of understanding with units of local government.


PART II

TRANSFER OF POWER


             Sec. 8. RCW 43.27A.020 and 1987 c 109 s 31 are each amended to read as follows:

             As used in this chapter, and unless the context indicates otherwise, words and phrases shall mean:

             (1) "((Department)) Commission" means the ((department of ecology;)) western or eastern water resource commission.

             (2) "Director" means the ((director of ecology;)) state engineer.

             (3) "State agency" and "state agencies" mean any branch, department or unit of state government, however designated or constituted((;)).

             (4) "Water resources" means all waters above, upon, or beneath the surface of the earth, located within the state and over which the state has sole or concurrent jurisdiction.

             (5) "Beneficial use" means, but its meaning shall not be limited to: Domestic water supplies; irrigation; fish, shellfish, game, and other aquatic life; recreation; industrial water supplies; generation of hydroelectric power; and navigation.


             Sec. 9. RCW 43.27A.090 and 1988 c 127 s 25 are each amended to read as follows:

             The ((department)) commissions shall be empowered as follows:

             (1) To represent the state at, and fully participate in, the activities of any basin or regional commission, interagency committee, or any other joint interstate or federal-state agency, committee or commission, or publicly financed entity engaged in the planning, development, administration, management, conservation or preservation of the water resources of the state.

             (2) To prepare the views and recommendations of the state of Washington on any project, plan, or program relating to the planning, development, administration, management, conservation, and preservation of any waters located in or affecting the state of Washington, including any federal permit or license proposal, and appear on behalf of, and present views and recommendations of the state at any proceeding, negotiation or hearing conducted by the federal government, interstate agency, state or other agency.

             (3) To cooperate with, assist, advise and coordinate plans with the federal government and its officers and agencies, and serve as a state liaison agency with the federal government in matters relating to the use, conservation, preservation, ((quality, disposal)) or control of water and activities related thereto.

             (4) To cooperate with appropriate agencies of the federal government and/or agencies of other states, to enter into contracts, and to make appropriate contributions to federal or interstate projects and programs and governmental bodies to carry out the provisions of this chapter.

             (5) To apply for, accept, administer and expend grants, gifts and loans from the federal government or any other entity to carry out the purposes of this chapter and make contracts and do such other acts as are necessary insofar as they are not inconsistent with other provisions hereof.

             (6) ((To develop and maintain a coordinated and comprehensive state water and water resources related development plan, and adopt, with regard to such plan, such policies as are necessary to insure that the waters of the state are used, conserved and preserved for the best interest of the state. There shall be included in the state plan a description of developmental objectives and a statement of the recommended means of accomplishing these objectives. To the extent the director deems desirable, the plan shall integrate into the state plan, the plans, programs, reports, research and studies of other state agencies.

             (7))) To assemble and correlate information relating to water supply, power development, irrigation, watersheds, water use, future possibilities of water use and prospective demands for all purposes served through or affected by water resources development.

             (((8))) (7) To assemble and correlate state, local and federal laws, regulations, plans, programs, and policies affecting the beneficial use, ((disposal, pollution,)) control, or conservation of water, river basin development, flood prevention, parks, reservations, forests, wildlife refuges, drainage ((and sanitary)) systems, ((waste disposal,)) water works, watershed protection and development, instream flows, soil conservation, power facilities and area and municipal water supply needs, and recommend suitable legislation or other action to the legislature, the congress of the United States, or any city, municipality, or to responsible state, local or federal executive departments or agencies.

             (((9))) (8) To cooperate with federal, state, regional, interstate and local public and private agencies in the making of plans for drainage, flood control, use, conservation, allocation and distribution of existing water supplies and the development of new water resource projects.

             (((10))) (9) To encourage, assist and advise regional, and city and municipal agencies, officials or bodies responsible for planning in relation to water aspects of their programs, and ((coordinate)) to collect information that facilitates the coordination of local water resources activities, programs, and plans.

             (((11))) (10) To ((promulgate)) adopt such rules ((and regulations)) as are necessary to carry out the purposes of this chapter.

             (((12))) (11) To hold public hearings, and make such investigations, studies and surveys as are necessary to carry out the purposes of the chapter.

             (((13))) (12) To subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath and require the production of any books or papers when the ((department)) commission deems such measures necessary in the exercise of its rule-making power or in determining whether or not any license, certificate, or permit shall be granted or extended.


             Sec. 10. RCW 43.27A.130 and 1988 c 127 s 26 are each amended to read as follows:

             The ((department of ecology)) state engineer may make complete inventories of the state's water resources and enter into such agreements with the director of the United States geological survey as will insure that investigations and surveys are carried on in an economical manner.


             Sec. 11. RCW 43.27A.190 and 1987 c 109 s 11 are each amended to read as follows:

             Notwithstanding and in addition to any other powers granted to the ((department of ecology)) state engineer, whenever it appears to the ((department)) engineer that a person is violating or is about to violate any of the provisions of the following:

             (1) Chapter 90.03 RCW; or

             (2) Chapter 90.44 RCW; or

             (3) ((Chapter 86.16 RCW; or

             (4) Chapter 43.37 RCW; or

             (5))) Chapter 43.27A RCW; or

             (((6))) (4) Any other law relating to water resources administered by the ((department)) engineer; or

             (((7))) (5) A rule ((or regulation)) adopted, or a directive or order issued by the ((department)) board, a commission, or the state engineer relating to subsections (1) through (((6))) (4) of this section; the ((department)) engineer may cause a written regulatory order to be served upon said person either personally, or by registered or certified mail delivered to addressee only with return receipt requested and acknowledged by him or her. The order shall specify the provision of the statute, rule, regulation, directive, or order alleged to be or about to be violated, and the facts upon which the conclusion of violating or potential violation is based, and shall order the act constituting the violation or the potential violation to cease and desist or, in appropriate cases, shall order necessary corrective action to be taken with regard to such acts within a specific and reasonable time. The regulation of a headgate or controlling works as provided in RCW 90.03.070, by a watermaster, stream patrolman, or other person so authorized by the ((department)) engineer shall constitute a regulatory order within the meaning of this section. A regulatory order issued hereunder shall become effective immediately upon receipt by the person to whom the order is directed, except for regulations under RCW 90.03.070 which shall become effective when a written notice is attached as provided therein. Any person aggrieved by such order may appeal the order pursuant to RCW 43.21B.310.


             Sec. 12. RCW 43.21A.020 and 1970 ex.s. c 62 s 2 are each amended to read as follows:

             In recognition of the responsibility of state government to carry out the policies set forth in RCW 43.21A.010, it is the purpose of this chapter to establish a single state agency with the authority to manage ((and develop)) our air ((and water)) resources in an orderly, efficient, and effective manner and to carry out a coordinated program of pollution control involving ((these)) air, water, and related land resources. To this end a department of ecology is created by this chapter to undertake, in an integrated manner, the ((various water)) regulation, management, and planning ((and development)) of water quality programs now authorized to be performed by ((the department of water resources and)) the water pollution control commission, the air regulation and management program now performed by the state air pollution control board, the solid waste regulation and management program authorized to be performed by state government as provided by chapter 70.95 RCW, and such other environmental, management protection and development programs as may be authorized by the legislature.


             Sec. 13. RCW 43.21A.067 and 1987 c 109 s 27 are each amended to read as follows:

             The ((director of ecology)) state engineer may create within ((his department)) the engineer's office a fund to be known as the "basic data fund."

             Into such fund shall be deposited all moneys contributed by persons for stream flow, ground water, and water quality data or other hydrographic information furnished by the ((department)) engineer in cooperation with the United States geological survey, and the fund shall be expended on a matching basis with the United States geological survey for the purpose of obtaining additional basic information needed for an intelligent inventory of water resources in the state.

             Disbursements from the basic data fund shall be on vouchers approved by the ((department)) engineer and the district engineer of the United States geological survey.


             Sec. 14. RCW 90.54.040 and 1988 c 47 s 5 are each amended to read as follows:

             (1) The ((department)) water resources board and its commissions, through the adoption of appropriate rules, ((is)) are directed((, as a matter of high priority to insure that the waters of the state are utilized for the best interests of the people,)) to develop and implement in accordance with the policies of this chapter a ((comprehensive state)) water resources program ((which will provide a process for making decisions)) that implements policies on future water resource allocation and use. ((The department may develop the program in segments so that immediate attention may be given to waters of a given physioeconomic region of the state or to specific critical problems of water allocation and use.

             The current guidelines, standards, or criteria governing the elements of the water resource program established pursuant to this subsection shall not be altered or amended after March 15, 1988, in accordance with RCW 90.54.022(5).)) The board and commissions shall have the sole and exclusive authority to adopt rules concerning the regulation of surface and ground water.

             (2) In relation to the management and regulatory programs relating to water resources vested in ((it)) them, the ((department is)) board and commissions are further directed to modify existing ((regulations)) rules and adopt new ((regulations)) rules, when needed and possible, to insure that existing regulatory programs are in accord with the ((water resource policy of this chapter and the program established in subsection (1) of this section. The current guidelines, standards, or criteria governing the department's implementation of this subsection shall not be altered or amended after March 15, 1988, in accordance with subsection (1) of this section)) policies of chapter . . ., Laws of 1996 (this act).

             (3) The ((department is)) commissions are directed to review all statutes relating to water resources which ((it is)) they are responsible for implementing. When any of the same appear to the ((department)) commissions to be ambiguous, burdensome, unclear, unworkable, unnecessary, or otherwise deficient, ((it)) they shall make recommendations to the legislature including appropriate proposals for statutory modifications or additions. Whenever it appears that the policies of any such statutes are in conflict with the policies of chapter . . ., Laws of 1996 (this ((chapter)) act), and the ((department is)) commissions are unable to fully perform as provided in subsection (2) of this section, the ((department is)) commissions are directed to submit statutory modifications to the legislature which, if enacted, would allow the ((department)) commissions to carry out such statutes in harmony with this chapter.


             NEW SECTION. Sec. 15. (1) On the effective date of this section, all powers, duties, and functions of the department of ecology pertaining to water resource quantity are transferred to the water resources board, the western Washington and eastern Washington water resource commissions, or the state engineer. The authority to adopt rules regarding those powers, duties, and functions is transferred to the commissions and the administration of those powers, duties, and functions is transferred to the state engineer. All references to the director or the department of ecology in the Revised Code of Washington shall be construed to mean the water resources board, the western Washington and eastern Washington water resource commissions, or the state engineer when referring to the functions transferred in this section.

             (2)(a) All reports, documents, surveys, books, records, files, papers, or written material including but not limited to the water resources information system established and maintained under RCW 90.54.030, in the possession of the department of ecology pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the state engineer. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of ecology in carrying out the powers, functions, and duties transferred shall be made available to the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer.

             (b) Any appropriations made to the department of ecology for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer.

             (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

             (3) All employees classified under chapter 41.06 RCW, the state civil service law, of the department of ecology engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer. The employees are assigned to the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

             (4) All rules and all pending business before the department of ecology pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer. All existing contracts and obligations shall remain in full force and shall be performed by the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer.

             (5) The transfer of the powers, duties, functions, and personnel of the department of ecology shall not affect the validity of any act performed before the effective date of this section.

             (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

             (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

             (8) This section shall take effect July 1, 1997.


             NEW SECTION. Sec. 16. Effective July 1, 1997, the powers and duties of the department of ecology concerning water quantity under the following statutes are transferred to the water resources board and its commissions and to the state engineer: RCW 43.20.230, 43.21A.061, 43.21A.064 except 43.21A.064(2), 43.21A.067, 43.21A.450, 43.21A.460, 43.21A.470, 43.27A.020, 43.27A.090, 43.27A.130, 43.27A.190, chapter 43.83B RCW, RCW 43.99E.025, Title 87 RCW, and chapters 18.104, 89.12, 89.16, 89.30, 90.03, 90.08, 90.14, 90.16, 90.22, 90.24, 90.38, 90.40, 90.42, 90.44, and 90.54 RCW. More specifically, the following powers, duties, programs, and services presently administered and enforced by the department of ecology are transferred to the water resources board, the commissions, and the state engineer:

             (1) Water regulation, management, and development;

             (2) Permitting authority regarding appropriation, diversion, and use of water;

             (3) Data collection and other hydrographic information duties;

             (4) Technical assistance powers and duties regarding water quantity;

             (5) Authority regarding the water resource aspects of international issues, such as Lake Osoyoos;

             (6) Participation with the federal government in development of the Columbia basin project and the Yakima enhancement project;

             (7) Duties and powers regarding irrigation districts and reclamation districts;

             (8) Reclamation authority for agricultural lands;

             (9) Powers and duties, both enforcement and administrative authority over water quantity aspects of water resources, including:

             (a) The water codes;

             (b) Stream patrolmen and watermasters;

             (c) Water rights, including but not limited to registration, relinquishment, waiver, and transfer;

             (d) Appropriation of water for public and industrial purposes;

             (e) Minimum flows and levels;

             (f) Regulation of outflow of lakes;

             (g) Yakima river basin water rights;

             (h) Water resource management;

             (i) Regulation of public ground waters; and

             (j) Water well construction.


             NEW SECTION. Sec. 17. Although authorities are not transferred from the department of ecology to the water resources board, the eastern and western Washington water resource commissions, and the state engineer until July 1, 1997, the governor, department, board, commissions, and state engineer shall take all actions necessary before July 1, 1997, that will ensure an orderly and effective transfer of authority on that date.


PART III

MISCELLANEOUS


             NEW SECTION. Sec. 18. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, this act is null and void.


             NEW SECTION. Sec. 19. A new section is added to chapter 43.21A RCW to read as follows:

             A rule, order, or directive of the department adopted or issued under chapter 86.16 or 43.37 RCW shall be adopted or issued in accordance with the administrative procedure act, chapter 34.05 RCW, and may be appealed as provided by chapter 43.21B RCW.


             NEW SECTION. Sec. 20. Part headings as used in this act do not constitute any part of the law.


             NEW SECTION. Sec. 21. Sections 1 through 7, 15, and 16 of this act shall constitute a new chapter in Title 43 RCW.


             NEW SECTION. Sec. 22. RCW 43.21A.067 as amended by this act shall be recodified as a section in the new chapter created in section 21 of this act.


             NEW SECTION. Sec. 23. The following acts or parts of acts are each repealed:

             (1) RCW 43.21A.064 and 1995 c 8 s 3, 1977 c 75 s 46, & 1965 c 8 s 43.21.130; and

             (2) RCW 90.54.030 and 1990 c 295 s 2, 1988 c 47 s 4, & 1971 ex.s. c 225 s 3.


NEW SECTION. Sec. 24. Sections 8 through 14, 22, and 23 of this act shall take effect July 1, 1997."


             On page 1, line 1 of the title, after "board;" strike the remainder of the title and insert "amending RCW 43.27A.020, 43.27A.090, 43.27A.130, 43.27A.190, 43.21A.020, 43.21A.067, and 90.54.040; adding a new section to chapter 43.21A RCW; adding a new chapter to Title 43 RCW; creating new sections; recodifying RCW 43.21A.067; repealing RCW 43.21A.064 and 90.54.030; and providing effective dates."


             Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Hickel; Lambert; Linville; McMorris; Reams; Sehlin; Sheahan; Silver; Smith and Talcott.

 

MINORITY recommendation: Do not pass. Signed by Representatives H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Kessler; Poulsen; Rust and Wolfe.


             Voting Yea: Representatives Huff, Pelesky, Clements, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Lambert, Linville, McMorris, Reams, Sehlin, Sheahan, Silver, Smith and Talcott.

             Voting Nay: Representatives H. Sommers, Valle, Kessler, Poulsen, Rust and Wolfe.

             Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.


             Passed to Committee on Rules for second reading.


February 24, 1996

SSB 6430          Prime Sponsor, Committee on Labor, Commerce & Trade: Changing social card game provisions. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Commerce & Labor with the following amendment:


             On page 2, after line 21, insert the following:

             "NEW SECTION. Sec. 2. The sum of one million dollars, or as much thereof as may be necessary, is appropriated for fiscal year 1997, from the general fund to the Washington state gambling commission for regulating gambling activity."


Correct the title.


             Signed by Representatives Huff, Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Brumsickle; Cooke; Crouse; Dyer; Grant; Hickel; Kessler; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Talcott and Wolfe.

 

MINORITY recommendation: Do not pass. Signed by Representatives Clements, Vice Chairman; Pelesky, Vice Chairman; Carlson; Foreman; Lambert and Smith.


             Voting Yea: Representatives Huff, H. Sommers, Valle, Brumsickle, Cooke, Crouse, Dyer, Grant, Hickel, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Talcott and Wolfe.

             Voting Nay: Representatives Clements, Pelesky, Carlson, Foreman and Smith.

             Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.


             Passed to Committee on Rules for second reading.


February 24 1996

SSB 6513          Prime Sponsor, Committee on Ways & Means: Securing a permanent homeport for the U.S.S. Missouri. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Hickel; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.


             Voting Yea: Representatives Huff, Pelesky, Clements, H. Sommers, Valle, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.


             Passed to Committee on Rules for second reading.


February 24, 1996

ESB 6566         Prime Sponsor, Fraser: Increasing the annual snowmobile registration fee. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Natural Resources with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 46.10.040 and 1986 c 16 s 2 are each amended to read as follows:

             Application for registration shall be made to the department in ((such)) the manner and upon ((such)) forms ((as)) the department ((shall)) prescribes, and shall state the name and address of each owner of the snowmobile to be registered, and shall be signed by at least one such owner, and shall be accompanied by an annual registration fee to be established by the commission, after consultation with the committee((, at no more than fifteen dollars)) and any state-wide snowmobile user groups. ((However,)) The fee shall be ((ten)) fifteen dollars pending action by the commission to increase the fee. ((Any increase in the fee shall not exceed two dollars and fifty cents annually, up to the registration fee limit of fifteen dollars)) The commission shall increase the fee by two dollars and fifty cents effective September 30, 1996, and the commission shall increase the fee by another two dollars and fifty cents effective September 30, 1997. After the fee increase effective September 30, 1997, the commission shall not increase the fee more often than every two years, and then only after consultation with the committee and any state-wide snowmobile user groups. Upon receipt of the application and the application fee, ((such)) the snowmobile shall be registered and a registration number assigned, which shall be affixed to the snowmobile in a manner provided in RCW 46.10.070.

             The registration provided in this section shall be valid for a period of one year. At the end of ((such)) the period of registration, every owner of a snowmobile in this state shall renew his or her registration in ((such)) the manner ((as)) the department ((shall)) prescribes, for an additional period of one year, upon payment of the annual registration fee as determined by the commission.

             Any person acquiring a snowmobile already validly registered under the provisions of this chapter must, within ten days of the acquisition or purchase of ((such)) the snowmobile, make application to the department for transfer of ((such)) the registration, and ((such)) the application shall be accompanied by a transfer fee of one dollar.

             A snowmobile owned by a resident of another state or Canadian province where registration is not required by law may be issued a nonresident registration permit valid for not more than sixty days. Application for ((such a)) the permit shall state the name and address of each owner of the snowmobile to be registered and shall be signed by at least one ((such)) owner and shall be accompanied by a registration fee of five dollars. The registration permit shall be carried on the vehicle at all times during its operation in this state.

             The registration fees provided in this section shall be in lieu of any personal property or excise tax heretofore imposed on snowmobiles by this state or any political subdivision thereof, and no city, county, or other municipality, and no state agency shall hereafter impose any other registration or license fee on any snowmobile in this state.

             The department shall make available a pair of uniform decals consistent with the provisions of RCW 46.10.070. In addition to the registration fee provided ((herein)) in this section the department shall charge each applicant for registration the actual cost of ((said)) the decal. The department shall make available replacement decals for a fee equivalent to the actual cost of the decals."


             Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Hickel; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.


             Voting Yea: Representatives Huff, Pelesky, Clements, H. Sommers, Valle, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Excused: Basich, Beeksma, Chappell, Dellwo and Jacobsen.


             Passed to Committee on Rules for second reading.


February 24, 1996

SSB 6583          Prime Sponsor, Committee on Higher Education: Clarifying eligibility requirements for state-funded benefits for part-time academic employees of community and technical colleges. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Higher Education with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 28B.50 RCW to read as follows:

             For the purposes of determining eligibility of state-mandated insurance and retirement benefits under RCW 28B.10.400 for part-time academic employees in community and technical colleges, the following definitions shall be used:

             (1) "Full-time academic workload" means the number of in-class teaching hours that a full-time instructor must teach to fulfill his or her employment obligations in a given discipline in a given college. If full-time academic workload is defined in a contract adopted through the collective bargaining process, that definition shall prevail. If the full-time workload bargained in a contract includes more than in-class teaching hours, only that portion that is in-class teaching hours may be considered academic workload.

             (2) "In-class teaching hours" means contact classroom and lab hours in which full or part-time academic employees are performing contractually assigned teaching duties. The in-class teaching hours shall not include any duties performed in support of, or in addition to, those contractually assigned in-class teaching hours.

             (3) "Academic employee" in a community or technical college means any teacher, counselor, librarian, or department head who is employed by a college district, whether full or part-time, with the exception of the chief administrative officer of, and any administrator in, each college district.

             (4) "Part-time academic workload" means any percentage of a full-time academic workload for which the part-time academic employee is not paid on the full-time academic salary schedule.


             NEW SECTION. Sec. 2. A new section is added to chapter 28B.50 RCW to read as follows:

             For the purposes of determining eligibility for receipt of state-mandated benefits for part-time academic employees at community and technical colleges, each institution shall report to the appropriate agencies the names of eligible part-time academic employees who qualify for benefits based on calculating the hours worked by part-time academic employees as a percentage of the part-time academic workload to the full-time academic workload in a given discipline in a given institution.


             NEW SECTION. Sec. 3. A new section is added to chapter 28B.50 RCW to read as follows:

             (1) The legislature finds that community colleges and technical colleges have an obligation to carry out their roles and missions in an equitable fashion. The legislature also finds that governing boards for community colleges and technical colleges have a responsibility to provide leadership and guidance to their colleges in the equitable treatment of part-time faculty teaching in the community and technical colleges.

             (2) The state board for community and technical colleges shall convene a task force to conduct a best practices audit of compensation packages and conditions of employment for part-time faculty in the community and technical college system. The task force shall include but need not be limited to part-time faculty, full-time faculty, members of the state board, and members of community college and technical college governing boards. In performing the audit, the task force shall focus on the employment of part-time faculty, and shall include the following issues in its deliberations: Salary issues, provision of health and retirement benefits, the implications of increased reliance on part-time rather than full-time faculty, the implications of workload definitions, and tangible and intangible ways to recognize the professional stature of part-time faculty.

             (3) The task force shall report its findings to the state board, local governing boards, and other interested parties by August 30, 1996. The report shall include recommendations on a set of best practices principles for the colleges to follow in their employment of part-time faculty. By September 30, 1996, the state board for community and technical colleges shall adopt and periodically update a set of best practices principles for colleges in the community and technical college system to follow in their employment of part-time faculty. The board shall use the best practices principles in the development of its 1997-99 biennial operating budget request. The board shall encourage and, to the extent possible, require each local governing board to adopt and implement the principles.


             NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."


             On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "adding new sections to chapter 28B.50 RCW; and declaring an emergency."


             Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith and Wolfe.

 

MINORITY recommendation: Without recommendation. Signed by Representative Hickel.


             Voting Yea: Representatives Huff, Pelesky, Clements, H. Sommers, Valle, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Voting Nay: Representative Hickel.

             Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.


             Passed to Committee on Rules for second reading.


February 24, 1996

SSB 6618          Prime Sponsor, Committee on Ways & Means: Measuring state fiscal conditions. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The citizens of Washington should enjoy a high quality of life, which requires a healthy state economy. To achieve this goal, the legislature recognizes that the state must be able to compete economically at a national and international level. It is critical to the economic well-being of the citizens of this state that the legislature strive to continually improve the state's economic climate. Therefore, the legislature intends to provide a mechanism whereby the information necessary to achieve this goal is available on a timely and reliable basis.


             NEW SECTION. Sec. 2. (1) The economic climate council is hereby created.

             (2) The council shall select a series of no more than ten benchmarks that characterize the competitive environment of the state. The benchmarks should be indicators of the cost of doing business; the education and skills of the work force; a sound infrastructure; and the quality of life. In selecting the appropriate benchmarks, the council shall use the following criteria:

             (a) The availability of comparative information for other states and countries;

             (b) The timeliness with which benchmark information can be obtained; and

             (c) The accuracy and validity of the benchmarks in measuring the economic climate indicators named in this section.

             The council shall report to the governor and the fiscal committees of the senate and the house of representatives by September 30, 1996, on the benchmarks selected under this subsection (2).

             (3) Periodically each year the council shall prepare an official state economic climate report on the present status of benchmarks, changes in the benchmarks since the previous report, and the reasons for the changes. The reports shall include current benchmark comparisons with other states and countries, and an analysis of factors related to the benchmarks that may affect the ability of the state to compete economically at the national and international level.

             (4) The council shall periodically submit reports prepared under this section to the governor and the fiscal committees of the senate and the house of representatives. The first report shall be made by September 30, 1996.

             (5) All agencies of state government shall provide to the council immediate access to all information relating to economic climate reports.


             NEW SECTION. Sec. 3. (1) Until July 1, 1997, the economic and revenue forecast council shall, in addition to its other duties and responsibilities, function as the economic climate council created under section 2 of this act.

             (2) The staff of the economic and revenue forecast council shall serve as staff to the economic climate council until July 1, 1997.

             (3) By September 30, 1996, the council shall make recommendations to the legislature regarding: (a) Permanent composition of the economic climate council, including the procedures for appointment of members, length of terms, selection of a chair, and reimbursement for expenses or other compensation; and (b) a permanent staffing structure to support the work of the economic climate council.


             NEW SECTION. Sec. 4. (1) The economic climate council shall create an advisory committee to assist the council in selecting benchmarks and developing economic climate reports and benchmarks. The advisory committee shall provide for a process to ensure public participation in the selection of the benchmarks. The advisory committee shall consist of no more than seven members. At least two of the members of the advisory committee shall have experience in and represent business, and at least two of the members shall have experience in and represent labor. All of the members of the advisory committee shall have special expertise and interest in the state's economic climate and competitive strategies. Appointments to the advisory committee shall be recommended by the chair of the council and approved by a two-thirds vote of the council. The chair of the advisory committee shall be selected by the members of the committee.

             (2) The advisory committee shall meet as determined by the chair of the committee until September 30, 1996, and shall meet at least twice per year thereafter in advance of the economic climate reports.

             (3) Members of the advisory council shall serve without compensation but shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 while attending meetings of the advisory committee, sessions of the economic climate council, or on official business authorized by the council.


             NEW SECTION. Sec. 5. Sections 1, 2, and 4 of this act shall constitute a new chapter in Title 82 RCW.


             On page 1, line 2 of the title, after "performance;" strike the remainder of the title and insert "adding a new chapter to Title 82 RCW; and creating a new section."


             Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Hickel; Kessler; Lambert; Linville; McMorris; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Valle, Assistant Ranking Minority Member; and Poulsen.


             Voting Yea: Representatives Huff, Pelesky, Clements, H. Sommers, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Kessler, Lambert, Linville, McMorris, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Voting Nay: Representatives Valle and Poulsen.

             Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.


             Passed to Committee on Rules for second reading.


February 24, 1996

ESSB 6680       Prime Sponsor, Committee on Ways & Means: Strengthening legislative review of agency performance. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Government Operations with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. Public officials, public employees, legislators, and citizens recognize the need to review the value and relative priority of many programs throughout state government in the context of constantly changing conditions, limitations, and requirements for state government. They also share the objective of improving the performance of state agencies and programs, thereby increasing effectiveness and efficiency.

             The legislature must become more effective in its role of directing public policy and ensuring the public accountability of state programs, managers, and employees. With the support of the legislature, the executive branch must implement practices and processes that will improve performance, accountability, and public confidence in state government. The governor and the legislature shall use results from the performance assessment processes established by this chapter in establishing state budget policy and priorities. The budget process must become an effective means of ensuring compliance with performance improvement requirements.

             The purpose of this chapter is to ensure that all state agencies and programs have a valid and necessary mission and that the agencies have clearly defined performance objectives, quality objectives, and cost objectives that are appropriately balanced. Each agency and program should operate within a strategic plan that includes the mission of the agency or program, measurable goals, strategies, and performance measurement systems that are vital tools used for agency management, legislative budget and policy deliberations, and public accountability. State agencies should engage customers, taxpayers, employees, and the legislature in the development and redevelopment of these plans. The strategic plans should be the framework within which agencies continuously assess the value and relative priority of their various functions. In order to streamline state government and redirect resources more effectively, the legislature intends to begin a systematic, fundamental review of the functions of state programs.

             In developing future legislation to create new programs and activities in state government, or redirect existing programs and activities, the legislature shall include in such legislation the specific purpose and measurable goals of the program or activity.


             NEW SECTION. Sec. 2. The legislative committee on performance review is established.

             (1) The thirteen-member committee consists of:

             (a) The majority leader of the senate;

             (b) The majority leader of the house of representatives;

             (c) The minority leader of the senate;

             (d) The minority leader of the house of representatives;

             (e) The chair and ranking minority member of the senate ways and means committee;

             (f) The chair and ranking minority member of the house of representatives appropriations committee;

             (g) Four additional members, one each from the majority and minority caucuses of the senate and the house of representatives; and

             (h) The lieutenant governor, who shall serve as a nonvoting member and chair of the committee.

             (2) Members of the committee shall serve without additional compensation but shall be reimbursed for travel expenses in accordance with RCW 44.04.120 while attending meetings of the committee or any subcommittee or on other business authorized by the committee.

             (3) An executive committee is established, consisting of the majority leader and minority leader of the senate and the majority leader and minority leader of the house of representatives. The function of the executive committee is to appoint the director of the legislative office of performance review. Approval by an affirmative vote of at least three members of the committee is required for decisions regarding employment of the director. Employment of the director terminates after each term of three years. At the end of the first year of each three-year term, the committee shall consider extension of the term by one year. However, at any time during the term of office, the employment of the director may be terminated by a unanimous vote of the executive committee. The executive committee shall set the salary of the director.


             NEW SECTION. Sec. 3. (1) The director shall establish and manage a legislative office of performance review to carry out the functions described in this chapter.

             (2) In consultation with the executive committee, the director may select and employ personnel necessary to carry out the purposes of this chapter. Salaries for employees of the legislative office of performance review, other than the director, shall be set with the approval of the executive committee, the secretary of the senate, and the chief clerk of the house of representatives.

             (3) The director has primary responsibility for performance reviews of state agencies, programs, and activities. The director shall consult with the state auditor, the legislative auditor of the legislative budget committee, and the director of financial management in the conduct of performance reviews. The director shall also consult with the chairs and staff of the appropriate legislative standing committees.


             NEW SECTION. Sec. 4. (1) Performance reviews under this chapter shall include a rethinking of the programs and functions of state agencies to assess whether or not they have a vital purpose or valid mission. The director shall work to involve frontline employees, agency and program managers, customers of the program or service, other taxpayers, legislators, legislative staff, office of financial management staff, and other external public and private sector experts as deemed appropriate in conducting performance reviews. The director shall, as necessary, contract with experts from either the private or public sector to assist in performance reviews.

             (2) In preparation for a performance review, a state agency shall identify each of its discrete functions or activities, along with associated costs and full-time equivalent staff, as requested by the director. In reviewing the agency or program, the director shall identify those activities and programs that should be strengthened, those that should be abandoned, and those that need to be redirected or other alternatives explored. The review should consider: (a) Whether or not the purpose for which the agency or program was created is still valid based on the circumstances under which the program was created versus those that exist at the time of the review; (b) the relative priority of the program among the agency's functions; (c) costs or implications of not performing the function; (d) citizen's individual responsibilities and freedoms; (e) whether or not the mission of the agency or program is attainable considering the effect of factors and circumstances beyond the control of the agency; and (f) in the event of inadequate performance by the program, the potential for a workable, affordable plan to improve performance.

             (3) Performance reviews must also determine the existence and utility of an agency or program strategic plan that includes a concise statement of the agency's or program's mission, a vision for future direction, measurable goals and objectives, and clear strategies and specific timelines to achieve them. The director shall determine the extent to which the plan: (a) Forms the basis of agency management practices and continuous process reevaluation and improvement; (b) can be used to clearly identify and prioritize agency functions; (c) provides a valuable basis for legislative policy and budget deliberations; (d) is used to ensure accountability of employees, particularly managers, for achieving program goals, and is a primary consideration in retention and promotion of staff; (e) is used to assess the quality and effectiveness of the agency's programs and activities; (f) appropriately balances cost objectives, quality objectives, and performance objectives; and (g) is useful in demonstrating public accountability. The agency strategic plan shall provide for periodic self-assessment by the agency to determine whether the agency is achieving the goals and objectives of its programs. Where self-assessments have been completed by an agency, the assessments must be incorporated into a performance review conducted under this chapter.

             (4) If the state agency or program being reviewed has not identified acceptable organizations or programs in the public or private sector to be used as benchmarks against which to measure its performance, the director shall conduct a review sufficient to recommend such benchmarks to the agency, the governor, and the legislature.

             (5) As a part of each performance review and in consultation with the director of the agency being reviewed and the director of financial management, the director of the legislative office of performance review shall develop recommendations regarding statutes that inhibit or do not contribute to the agency's ability to perform its functions effectively and efficiently.

             (6) Based on the information and conclusions compiled from the work required in subsections (1) through (5) of this section, the director shall develop an advisory recommendation for the governor and the legislature regarding whether an agency, programs of an agency, or activities within an agency should be continued, abandoned, or restructured.


             NEW SECTION. Sec. 5. Before the completion of each legislative session and in conjunction with development of the final omnibus appropriations act, the legislative committee on performance review shall approve a performance review plan for the next twelve to fifteen months. The performance review plan must include a schedule of agencies, programs, or activities for which performance reviews will be initiated during that period. The plan must also include anticipated performance review revolving fund charges to each individual agency scheduled for review. Appropriations for scheduled agencies shall be adjusted in the omnibus appropriations act to reflect the anticipated charges. For each performance review included, the plan must identify the role of the legislative office of performance review and the state auditor, as well as the need to contract for additional public or private sector expertise. In preparing a draft plan for consideration by the committee, the director shall consult with the state auditor, the chair and staff of the legislative budget committee, the director of financial management, and the chairs and staff of appropriate legislative standing committees. The committee shall meet quarterly to review progress on the plan and, if necessary, revise the plan.


             NEW SECTION. Sec. 6. When the director has completed a performance review and before public release of the findings, the affected agency and the office of financial management may respond to the review. The director shall incorporate the agency's and the office of financial management's response into the final report. The legislative committee on performance review may also review and comment on the director's findings. The director shall include the comments of the committee in the final report as a separate addendum. Final reports of findings of the director from agency and program performance reviews must be transmitted to the agency, the director of financial management, and appropriate legislative committees and must be made available for public review.


             NEW SECTION. Sec. 7. The performance review revolving fund is established in the state treasury. Expenditures from the fund may be spent only by appropriation. The fund is established to assist in recovering the costs of performance reviews from the audited agency or program. Subject to appropriation, the director shall assess agencies all or a portion of the cost of performance reviews.

             The cost of performance reviews includes all direct and indirect costs and other expenses incurred by the director in fulfilling his or her statutory responsibilities.

             Costs of the reviews may also be paid from other funds appropriated to the legislative office of performance review.


             NEW SECTION. Sec. 8. To ensure the accuracy and timeliness of information used as the basis for performance reviews and other responsibilities of the legislature, the director shall be provided direct and unrestricted access to information held by any state agency. Agencies shall submit directly to the legislative office of performance review, on a confidential basis, all data and other information requested, including tax records and client data.


             Sec. 9. RCW 43.88.030 and 1994 c 247 s 7 and 1994 c 219 s 2 are each reenacted and amended to read as follows:

             (1) The director of financial management shall provide all agencies with a complete set of instructions for submitting biennial budget requests to the director at least three months before agency budget documents are due into the office of financial management. The director shall provide agencies that are required under RCW 44.40.070 to develop comprehensive six-year program and financial plans with a complete set of instructions for submitting these program and financial plans at the same time that instructions for submitting other budget requests are provided. The budget document or documents shall consist of the governor's budget message which shall be explanatory of the budget and shall contain an outline of the proposed financial policies of the state for the ensuing fiscal period, as well as an outline of the proposed six-year financial policies where applicable, and shall describe in connection therewith the important features of the budget. The message shall set forth the reasons for salient changes from the previous fiscal period in expenditure and revenue items and shall explain any major changes in financial policy. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material in respect to both current operations and capital improvements as the governor shall deem to be useful to the legislature. The budget document or documents shall set forth a proposal for expenditures in the ensuing fiscal period, or six-year period where applicable, based upon the estimated revenues as approved by the economic and revenue forecast council or upon the estimated revenues of the office of financial management for those funds, accounts, and sources for which the office of the economic and revenue forecast council does not prepare an official forecast, including those revenues anticipated to support the six-year programs and financial plans under RCW 44.40.070. In estimating revenues to support financial plans under RCW 44.40.070, the office of financial management shall rely on information and advice from the interagency revenue task force. Revenues shall be estimated for such fiscal period from the source and at the rates existing by law at the time of submission of the budget document, including the supplemental budgets submitted in the even-numbered years of a biennium. However, the estimated revenues for use in the governor's budget document may be adjusted to reflect budgetary revenue transfers and revenue estimates dependent upon budgetary assumptions of enrollments, workloads, and caseloads. All adjustments to the approved estimated revenues must be set forth in the budget document. The governor may additionally submit, as an appendix to each supplemental, biennial, or six-year agency budget or to the budget document or documents, a proposal for expenditures in the ensuing fiscal period from revenue sources derived from proposed changes in existing statutes.

             Supplemental and biennial documents shall reflect a six-year expenditure plan consistent with estimated revenues from existing sources and at existing rates for those agencies required to submit six-year program and financial plans under RCW 44.40.070. Any additional revenue resulting from proposed changes to existing statutes shall be separately identified within the document as well as related expenditures for the six-year period.

             The budget document or documents shall also contain:

             (a) Revenues classified by fund and source for the immediately past fiscal period, those received or anticipated for the current fiscal period, those anticipated for the ensuing biennium, and those anticipated for the ensuing six-year period to support the six-year programs and financial plans required under RCW 44.40.070;

             (b) The undesignated fund balance or deficit, by fund;

             (c) Such additional information dealing with expenditures, revenues, workload, performance, and personnel as the legislature may direct by law or concurrent resolution;

             (d) Such additional information dealing with revenues and expenditures as the governor shall deem pertinent and useful to the legislature;

             (e) Tabulations showing expenditures classified by fund, function, activity and object;

             (f) A delineation of each agency's activities, including those activities funded from nonbudgeted, nonappropriated sources, including funds maintained outside the state treasury;

             (g) Identification of all proposed direct expenditures to implement the Puget Sound water quality plan under chapter 90.70 RCW, shown by agency and in total; and

             (h) Tabulations showing each postretirement adjustment by retirement system established after fiscal year 1991, to include, but not be limited to, estimated total payments made to the end of the previous biennial period, estimated payments for the present biennium, and estimated payments for the ensuing biennium.

             (2) The budget document or documents shall include detailed estimates of all anticipated revenues applicable to proposed operating or capital expenditures and shall also include all proposed operating or capital expenditures. The total of beginning undesignated fund balance and estimated revenues less working capital and other reserves shall equal or exceed the total of proposed applicable expenditures. The budget document or documents shall further include:

             (a) Interest, amortization and redemption charges on the state debt;

             (b) Payments of all reliefs, judgments and claims;

             (c) Other statutory expenditures;

             (d) Expenditures incident to the operation for each agency;

             (e) Revenues derived from agency operations;

             (f) Expenditures and revenues shall be given in comparative form showing those incurred or received for the immediately past fiscal period and those anticipated for the current biennium and next ensuing biennium, as well as those required to support the six-year programs and financial plans required under RCW 44.40.070;

             (g) A showing and explanation of amounts of general fund and other funds obligations for debt service and any transfers of moneys that otherwise would have been available for appropriation;

             (h) Common school expenditures on a fiscal-year basis;

             (i) A showing, by agency, of the value and purpose of financing contracts for the lease/purchase or acquisition of personal or real property for the current and ensuing fiscal periods; ((and))

             (j) A showing and explanation of anticipated amounts of general fund and other funds required to amortize the unfunded actuarial accrued liability of the retirement system specified under chapter 41.45 RCW, and the contributions to meet such amortization, stated in total dollars and as a level percentage of total compensation; and

             (k) For each agency, a description of the findings and recommendations of any applicable review by the legislative office of performance review conducted during the prior fiscal period. The budget document must describe the potential costs and savings associated with implementing the findings and recommendations, including any recommendations for program eliminations.

             (3) A separate capital budget document or schedule shall be submitted that will contain the following:

             (a) A statement setting forth a long-range facilities plan for the state that identifies and includes the highest priority needs within affordable spending levels;

             (b) A capital program consisting of proposed capital projects for the next biennium and the two biennia succeeding the next biennium consistent with the long-range facilities plan. Insomuch as is practical, and recognizing emergent needs, the capital program shall reflect the priorities, projects, and spending levels proposed in previously submitted capital budget documents in order to provide a reliable long-range planning tool for the legislature and state agencies;

             (c) A capital plan consisting of proposed capital spending for at least four biennia succeeding the next biennium;

             (d) A statement of the reason or purpose for a project;

             (e) Verification that a project is consistent with the provisions set forth in chapter 36.70A RCW;

             (f) A statement about the proposed site, size, and estimated life of the project, if applicable;

             (g) Estimated total project cost;

             (h) For major projects valued over five million dollars, estimated costs for the following project components: Acquisition, consultant services, construction, equipment, project management, and other costs included as part of the project. Project component costs shall be displayed in a standard format defined by the office of financial management to allow comparisons between projects;

             (i) Estimated total project cost for each phase of the project as defined by the office of financial management;

             (j) Estimated ensuing biennium costs;

             (k) Estimated costs beyond the ensuing biennium;

             (l) Estimated construction start and completion dates;

             (m) Source and type of funds proposed;

             (n) Estimated ongoing operating budget costs or savings resulting from the project, including staffing and maintenance costs;

             (o) For any capital appropriation requested for a state agency for the acquisition of land or the capital improvement of land in which the primary purpose of the acquisition or improvement is recreation or wildlife habitat conservation, the capital budget document, or an omnibus list of recreation and habitat acquisitions provided with the governor's budget document, shall identify the projected costs of operation and maintenance for at least the two biennia succeeding the next biennium. Omnibus lists of habitat and recreation land acquisitions shall include individual project cost estimates for operation and maintenance as well as a total for all state projects included in the list. The document shall identify the source of funds from which the operation and maintenance costs are proposed to be funded;

             (p) Such other information bearing upon capital projects as the governor deems to be useful;

             (q) Standard terms, including a standard and uniform definition of maintenance for all capital projects;

             (r) Such other information as the legislature may direct by law or concurrent resolution.

             For purposes of this subsection (3), the term "capital project" shall be defined subsequent to the analysis, findings, and recommendations of a joint committee comprised of representatives from the house capital appropriations committee, senate ways and means committee, legislative transportation committee, legislative evaluation and accountability program committee, and office of financial management.

             (4) No change affecting the comparability of agency or program information relating to expenditures, revenues, workload, performance and personnel shall be made in the format of any budget document or report presented to the legislature under this section or RCW 43.88.160(1) relative to the format of the budget document or report which was presented to the previous regular session of the legislature during an odd-numbered year without prior legislative concurrence. Prior legislative concurrence shall consist of (a) a favorable majority vote on the proposal by the standing committees on ways and means of both houses if the legislature is in session or (b) a favorable majority vote on the proposal by members of the legislative evaluation and accountability program committee if the legislature is not in session.


             Sec. 10. RCW 43.88.090 and 1994 c 184 s 10 are each amended to read as follows:

             (1) For purposes of developing budget proposals to the legislature, the governor shall have the power, and it shall be the governor's duty, to require from proper agency officials such detailed estimates and other information in such form and at such times as the governor shall direct. The estimates for the legislature and the judiciary shall be transmitted to the governor and shall be included in the budget without revision. The estimates for state pension contributions shall be based on the rates provided in chapter 41.45 RCW. Copies of all such estimates shall be transmitted to the standing committees on ways and means of the house and senate at the same time as they are filed with the governor and the office of financial management.

             The estimates shall include statements or tables which indicate, by agency, the state funds which are required for the receipt of federal matching revenues. The estimates shall be revised as necessary to reflect legislative enactments and adopted appropriations and shall be included with the initial biennial allotment submitted under RCW 43.88.110.

             (2) Each state agency shall define its mission and establish measurable goals for achieving desirable results for those who receive its services and the taxpayers who pay for those services. Each agency shall also develop clear strategies and timelines to achieve its goals. This section does not require an agency to develop a new mission or goals in place of identifiable missions or goals that meet the intent of this section. The mission and goals of each agency must conform to statutory direction and limitations.

             (3) For the purpose of assessing program performance, each state agency shall establish program objectives for each major program in its budget. The objectives must be consistent with the missions and goals developed under this section. The objectives must be expressed to the extent practicable in outcome-based, objective, and measurable form unless an exception to adopt a different standard is granted by the office of financial management and approved by the legislative committee on performance review. The office of financial management shall provide necessary professional and technical assistance to assist state agencies in the development of strategic plans that include the mission of the agency and its programs, measurable goals, strategies, and performance measurement systems.

             (4) Each state agency shall adopt procedures for continuous self-assessment of each program and activity, using the mission, goals, objectives, and measurements required under subsections (2) and (3) of this section.

             (5) It is the policy of the legislature that each agency's budget proposals must be directly linked to the agency's stated mission and program goals and objectives. Consistent with this policy, agency budget proposals must include integration of performance measures that allow objective determination of a program's success in achieving its goals. The office of financial management shall develop a plan to merge the budget development process with agency performance assessment procedures. The plan must include a schedule to integrate agency strategic plans and performance measures into agency budget requests and the governor's budget proposal over three fiscal biennia. The plan must identify those agencies that will implement the revised budget process in the 1997-1999 biennium, the 1999-2001 biennium, and the 2001-2003 biennium. In consultation with the legislative fiscal committees, the office of financial management shall recommend statutory and procedural modifications to the state's budget, accounting, and reporting systems to facilitate the performance assessment procedures and the merger of those procedures with the state budget process. The plan and recommended statutory and procedural modifications must be submitted to the legislative fiscal committees by September 30, 1996.

             (6) In the year of the gubernatorial election, the governor shall invite the governor-elect or the governor-elect's designee to attend all hearings provided in RCW 43.88.100; and the governor shall furnish the governor-elect or the governor-elect's designee with such information as will enable the governor-elect or the governor-elect's designee to gain an understanding of the state's budget requirements. The governor-elect or the governor-elect's designee may ask such questions during the hearings and require such information as the governor-elect or the governor-elect's designee deems necessary and may make recommendations in connection with any item of the budget which, with the governor-elect's reasons therefor, shall be presented to the legislature in writing with the budget document. Copies of all such estimates and other required information shall also be submitted to the standing committees on ways and means of the house and senate.


             Sec. 11. RCW 43.88.160 and 1994 c 184 s 11 are each amended to read as follows:

             This section sets forth the major fiscal duties and responsibilities of officers and agencies of the executive branch. The regulations issued by the governor pursuant to this chapter shall provide for a comprehensive, orderly basis for fiscal management and control, including efficient accounting and reporting therefor, for the executive branch of the state government and may include, in addition, such requirements as will generally promote more efficient public management in the state.

             (1) Governor; director of financial management. The governor, through the director of financial management, shall devise and supervise a modern and complete accounting system for each agency to the end that all revenues, expenditures, receipts, disbursements, resources, and obligations of the state shall be properly and systematically accounted for. The accounting system shall include the development of accurate, timely records and reports of all financial affairs of the state. The system shall also provide for central accounts in the office of financial management at the level of detail deemed necessary by the director to perform central financial management. The director of financial management shall adopt and periodically update an accounting procedures manual. Any agency maintaining its own accounting and reporting system shall comply with the updated accounting procedures manual and the rules of the director adopted under this chapter. An agency may receive a waiver from complying with this requirement if the waiver is approved by the director. Waivers expire at the end of the fiscal biennium for which they are granted. The director shall forward notice of waivers granted to the appropriate legislative fiscal committees. The director of financial management may require such financial, statistical, and other reports as the director deems necessary from all agencies covering any period.

             (2) The director of financial management is responsible for quarterly reporting of primary operating budget drivers such as applicable workloads, caseload estimates, and appropriate unit cost data. These reports shall be transmitted to the legislative fiscal committees or by electronic means to the legislative evaluation and accountability program committee. Quarterly reports shall include actual monthly data and the variance between actual and estimated data to date. The reports shall also include estimates of these items for the remainder of the budget period.

             (3) The director of financial management shall report at least annually to the appropriate legislative committees regarding the status of all appropriated capital projects, including transportation projects, showing significant cost overruns or underruns. If funds are shifted from one project to another, the office of financial management shall also reflect this in the annual variance report. Once a project is complete, the report shall provide a final summary showing estimated start and completion dates of each project phase compared to actual dates, estimated costs of each project phase compared to actual costs, and whether or not there are any outstanding liabilities or unsettled claims at the time of completion.

             (4) In addition, the director of financial management, as agent of the governor, shall:

             (a) Develop and maintain a system of internal controls and internal audits comprising methods and procedures to be adopted by each agency that will safeguard its assets, check the accuracy and reliability of its accounting data, promote operational efficiency, and encourage adherence to prescribed managerial policies for accounting and financial controls. The system developed by the director shall include criteria for determining the scope and comprehensiveness of internal controls required by classes of agencies, depending on the level of resources at risk.

             Each agency head or authorized designee shall be assigned the responsibility and authority for establishing and maintaining internal audits following the standards of internal auditing of the institute of internal auditors;

             (b) Make surveys and analyses of agencies with the object of determining better methods and increased effectiveness in the use of manpower and materials; and the director shall authorize expenditures for employee training to the end that the state may benefit from training facilities made available to state employees;

             (c) Establish policies for allowing the contracting of child care services;

             (d) Report to the governor with regard to duplication of effort or lack of coordination among agencies;

             (e) Review any pay and classification plans, and changes thereunder, developed by any agency for their fiscal impact: PROVIDED, That none of the provisions of this subsection shall affect merit systems of personnel management now existing or hereafter established by statute relating to the fixing of qualifications requirements for recruitment, appointment, or promotion of employees of any agency. The director shall advise and confer with agencies including appropriate standing committees of the legislature as may be designated by the speaker of the house and the president of the senate regarding the fiscal impact of such plans and may amend or alter said plans, except that for the following agencies no amendment or alteration of said plans may be made without the approval of the agency concerned: Agencies headed by elective officials;

             (f) Fix the number and classes of positions or authorized man years of employment for each agency and during the fiscal period amend the determinations previously fixed by the director except that the director shall not be empowered to fix said number or said classes for the following: Agencies headed by elective officials;

             (g) ((Provide for transfers and repayments between the budget stabilization account and the general fund as directed by appropriation and RCW 43.88.525 through 43.88.540;

             (h))) Adopt rules to effectuate provisions contained in (a) through (((g))) (f) of this subsection.

             (5) The treasurer shall:

             (a) Receive, keep, and disburse all public funds of the state not expressly required by law to be received, kept, and disbursed by some other persons: PROVIDED, That this subsection shall not apply to those public funds of the institutions of higher learning which are not subject to appropriation;

             (b) Receive, disburse, or transfer public funds under the treasurer's supervision or custody;

             (c) Keep a correct and current account of all moneys received and disbursed by the treasurer, classified by fund or account;

             (d) Coordinate agencies' acceptance and use of credit cards and other payment methods, if the agencies have received authorization under RCW 43.41.180;

             (e) Perform such other duties as may be required by law or by regulations issued pursuant to this law.

             It shall be unlawful for the treasurer to disburse public funds in the treasury except upon forms or by alternative means duly prescribed by the director of financial management. These forms or alternative means shall provide for authentication and certification by the agency head or the agency head's designee that the services have been rendered or the materials have been furnished; or, in the case of loans or grants, that the loans or grants are authorized by law; or, in the case of payments for periodic maintenance services to be performed on state owned equipment, that a written contract for such periodic maintenance services is currently in effect and copies thereof are on file with the office of financial management; and the treasurer shall not be liable under the treasurer's surety bond for erroneous or improper payments so made. When services are lawfully paid for in advance of full performance by any private individual or business entity other than as provided for by RCW 42.24.035, such individual or entity other than central stores rendering such services shall make a cash deposit or furnish surety bond coverage to the state as shall be fixed in an amount by law, or if not fixed by law, then in such amounts as shall be fixed by the director of the department of general administration but in no case shall such required cash deposit or surety bond be less than an amount which will fully indemnify the state against any and all losses on account of breach of promise to fully perform such services. No payments shall be made in advance for any equipment maintenance services to be performed more than three months after such payment. Any such bond so furnished shall be conditioned that the person, firm or corporation receiving the advance payment will apply it toward performance of the contract. The responsibility for recovery of erroneous or improper payments made under this section shall lie with the agency head or the agency head's designee in accordance with regulations issued pursuant to this chapter. Nothing in this section shall be construed to permit a public body to advance funds to a private service provider pursuant to a grant or loan before services have been rendered or material furnished.

             (6) The state auditor shall:

             (a) Report to the legislature the results of current post audits that have been made of the financial transactions of each agency; to this end the auditor may, in the auditor's discretion, examine the books and accounts of any agency, official, or employee charged with the receipt, custody, or safekeeping of public funds. Where feasible in conducting examinations, the auditor shall utilize data and findings from the internal control system prescribed by the office of financial management. The current post audit of each agency may include a section on recommendations to the legislature as provided in (c) of this subsection.

             (b) Give information to the legislature, whenever required, upon any subject relating to the financial affairs of the state.

             (c) Make the auditor's official report on or before the thirty-first of December which precedes the meeting of the legislature. The report shall be for the last complete fiscal period and shall include determinations as to whether agencies, in making expenditures, complied with the laws of this state. The state auditor ((is authorized to)) may perform or participate in performance verifications ((only as)) and performance reviews under chapter 44.--- RCW (sections 1 through 8 of this act) if expressly authorized by the performance review plan adopted by the legislative committee on performance review or if expressly authorized by the legislature in the omnibus biennial appropriations acts. The state auditor, upon completing an audit for legal and financial compliance under chapter 43.09 RCW or a performance verification or performance review, may report to the legislative budget committee, legislative committee on performance review, or other appropriate committees of the legislature, in a manner prescribed by the legislative budget committee or the director of the legislative office of performance review, on facts relating to the management or performance of governmental programs where such facts are discovered incidental to the legal and financial audit ((or)), performance verification, or performance review. The auditor may make such a report to a legislative committee only if the auditor has determined that the agency has been given an opportunity and has failed to resolve the management or performance issues raised by the auditor. If the auditor makes a report to a legislative committee, the agency may submit to the committee a response to the report. This subsection (6) shall not be construed to authorize the auditor to allocate other than de minimis resources to performance audits except as expressly authorized in the appropriations acts or the performance review plan.

             (d) Be empowered to take exception to specific expenditures that have been incurred by any agency or to take exception to other practices related in any way to the agency's financial transactions and to cause such exceptions to be made a matter of public record, including disclosure to the agency concerned and to the director of financial management. It shall be the duty of the director of financial management to cause corrective action to be taken promptly, such action to include, as appropriate, the withholding of funds as provided in RCW 43.88.110.

             (e) Promptly report any irregularities to the attorney general.

             (f) Investigate improper governmental activity under chapter 42.40 RCW.

             (7) The legislative budget committee may:

             (a) Make post audits of the financial transactions of any agency and management surveys and program reviews as provided for in RCW 44.28.085 as well as performance audits and program evaluations. To this end the committee may in its discretion examine the books, accounts, and other records of any agency, official, or employee.

             (b) Give information to the legislature or any legislative committee whenever required upon any subject relating to the performance and management of state agencies.

             (c) Make a report to the legislature which shall include at least the following:

             (i) Determinations as to the extent to which agencies in making expenditures have complied with the will of the legislature and in this connection, may take exception to specific expenditures or financial practices of any agencies; and

             (ii) Such plans as it deems expedient for the support of the state's credit, for lessening expenditures, for promoting frugality and economy in agency affairs and generally for an improved level of fiscal management.


             NEW SECTION. Sec. 12. The following acts or parts of acts are each repealed:

             (1) RCW 43.88B.005 and 1994 c 184 s 1;

             (2) RCW 43.88B.007 and 1994 c 184 s 2;

             (3) RCW 43.88B.010 and 1994 c 184 s 3;

             (4) RCW 43.88B.020 and 1994 c 184 s 4;

             (5) RCW 43.88B.030 and 1994 c 184 s 5;

             (6) RCW 43.88B.031 and 1994 c 184 s 6;

             (7) RCW 43.88B.040 and 1994 c 184 s 7;

             (8) RCW 43.88B.050 and 1994 c 184 s 8;

             (9) RCW 43.88B.900 and 1994 c 184 s 13; and

             (10) RCW 43.88B.901 and 1994 c 184 s 15.


             NEW SECTION. Sec. 13. Sections 1 through 8 of this act constitute a new chapter in Title 44 RCW.


             NEW SECTION. Sec. 14. If specific funding for purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, this act is null and void."


             In line 1 of the title, after "government;" strike the remainder of the title and insert "amending RCW 43.88.090 and 43.88.160; reenacting and amending RCW 43.88.030; adding a new chapter to Title 44 RCW; creating a new section; and repealing RCW 43.88B.005, 43.88B.007, 43.88B.010, 43.88B.020, 43.88B.030, 43.88B.031, 43.88B.040, 43.88B.050, 43.88B.900, and 43.88B.901."


             Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Hickel; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith and Wolfe.


             Voting Yea: Representatives Huff, Pelesky, Clements, H. Sommers, Valle, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.


             Passed to Committee on Rules for second reading.


February 24, 19964

SB 6684            Prime Sponsor, McAuliffe: Authorizing student transportation funding for students living within one mile of the school. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Education with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 28A.160.150 and 1990 c 33 s 141 are each amended to read as follows:

             Funds allocated for transportation costs shall be in addition to the basic education allocation. The distribution formula developed in RCW 28A.160.150 through 28A.160.180 shall be for allocation purposes only and shall not be construed as mandating specific levels of pupil transportation services by local districts. Operating costs as determined under RCW 28A.160.150 through 28A.160.180 shall be funded at one hundred percent or as close thereto as reasonably possible for transportation of an eligible student to and from school as defined in RCW 28A.160.160(3). In addition, funding shall be provided for transportation services for students living within one radius mile from school as determined under RCW 28A.160.180(2).


             Sec. 2. RCW 28A.160.160 and 1995 c 77 s 17 are each amended to read as follows:

             For purposes of RCW 28A.160.150 through 28A.160.190, except where the context shall clearly indicate otherwise, the following definitions apply:

             (1) "Eligible student" means any student served by the transportation program of a school district or compensated for individual transportation arrangements authorized by RCW 28A.160.030 whose route stop is more than one radius mile from the student's school, except if the student to be transported((: (a))) is disabled under RCW 28A.155.020 and is either not ambulatory or not capable of protecting his or her own welfare while traveling to or from the school or agency where special education services are provided, in which case no mileage distance restriction applies((; or (b) qualifies for an exemption due to hazardous walking conditions)).

             (2) "Superintendent" means the superintendent of public instruction.

             (3) "To and from school" means the transportation of students for the following purposes:

             (a) Transportation to and from route stops and schools;

             (b) Transportation to and from schools pursuant to an interdistrict agreement pursuant to RCW 28A.335.160;

             (c) Transportation of students between schools and learning centers for instruction specifically required by statute; and

             (d) Transportation of students with disabilities to and from schools and agencies for special education services.

             Extended day transportation shall not be considered part of transportation of students "to and from school" for the purposes of chapter 61, Laws of 1983 1st ex. sess.

             (4) (("Hazardous walking conditions" means those instances of the existence of dangerous walkways documented by the board of directors of a school district which meet criteria specified in rules adopted by the superintendent of public instruction. A school district that receives an exemption for hazardous walking conditions should demonstrate that good faith efforts are being made to alleviate the problem and that the district, in cooperation with other state and local governing authorities, is attempting to reduce the incidence of hazardous walking conditions. The superintendent of public instruction shall appoint an advisory committee to prepare guidelines and procedures for determining the existence of hazardous walking conditions. The committee shall include but not be limited to representatives from law enforcement agencies, school districts, the department of transportation, city and county government, the insurance industry, parents, school directors and legislators.)) "Transportation services" for students living within one radius mile from school means school transportation services including the use of buses, funding of crossing guards, and matching funds for local and state transportation projects intended to mitigate hazardous walking conditions. Priority for transportation services shall be given to students in grades kindergarten through five.


             Sec. 3. RCW 28A.160.180 and 1995 c 77 s 18 are each amended to read as follows:

             Each district's annual student transportation allocation shall be based on differential rates determined by the superintendent of public instruction in the following manner:

             (1) The superintendent shall annually calculate a standard student mile allocation rate for determining the transportation allocation for those services provided for in RCW 28A.160.150. "Standard student mile allocation rate," as used in this chapter, means the per mile allocation rate for transporting an eligible student. The standard student mile allocation rate may be adjusted to include such additional differential factors as distance; restricted passenger load; circumstances that require use of special types of transportation vehicles; student with disabilities load; and small fleet maintenance.          (2) For transportation services for students living within one radius mile from school, the allocation shall be based on the number of students in grades kindergarten through five living within one radius mile as specified in the biennial appropriations act.

             (3) The superintendent of public instruction shall annually calculate allocation rate(s), which shall include vehicle amortization, for determining the transportation allocation for transporting students in district-owned passenger cars, as defined in RCW 46.04.382, pursuant to RCW 28A.160.010 for services provided for in RCW 28A.160.150 if a school district deems it advisable to use such vehicles after the school district board of directors has considered the safety of the students being transported as well as the economy of utilizing a district-owned passenger car in lieu of a school bus.

             (((3))) (4) Prior to June 1st of each year the superintendent shall submit to the office of financial management, and the committees on education and ways and means of the senate and house of representatives a report outlining the methodology and rationale used in determining the allocation rates to be used the following year.


             NEW SECTION. Sec. 4. This act shall be effective for school transportation programs in the 1996-97 school year and thereafter.


             NEW SECTION. Sec. 5. If specific funding for purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, this act is null and void."


             On page 1, line 1 of the title, after "school;" strike the remainder of the title and insert "amending RCW 28A.160.150, 28A.160.160, and 28A.160.180; and creating new sections."


             Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Hickel; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.


             Voting Yea: Representatives Huff, Pelesky, Clements, H. Sommers, Valle, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.


             Passed to Committee on Rules for second reading.


             There being no objection, the bills listed on today's committee reports under the fifth order of business were referred to the committees so designated.


             The Speaker (Representative Horn presiding) declared the House to be at ease.


             The Speaker (Representative Horn presiding) called the House to order.


             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Ryan Hennig and Matthew Martinson. Prayer was offered by Representative Johnson.


             The Speaker (Representative Horn presiding) declared the House to be at ease.


             The Speaker (Representative Horn presiding) called the House to order.


             SUBSTITUTE SENATE BILL NO. 5050, by Senate Committee on Law & Justice (originally sponsored by Senators Morton, Smith, Rasmussen and Schow)

 

Revising the elements of the crime of burglary in the first degree.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative Sheahan spoke in favor of passage of the bill.


MOTION


             On motion of Representative Talcott, Representatives Beeksma, Benton and Campbell were excused.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5050.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5050 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Excused: Representatives Beeksma, Benton and Campbell - 3.


             Substitute Senate Bill No. 5050, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 5522, by Senate Committee on Law & Justice (originally sponsored by Senators Smith, Roach, C. Anderson and Johnson)

 

Regulating the use of pro tempore judges and court commissioners.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Sheahan and Dellwo spoke in favor of passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5522.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5522 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Excused: Representatives Beeksma, Benton and Campbell - 3.


             Substitute Senate Bill No. 5522, having received the constitutional majority, was declared passed.


             SECOND SUBSTITUTE SENATE BILL NO. 5757, by Senate Committee on Government Operations (originally sponsored by Senators McCaslin, Haugen, Winsley, Heavey and Sheldon)

 

Changing provisions relating to bidding requirements.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Reams and Rust spoke in favor of passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Second Substitute Senate Bill No. 5757.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5757 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Excused: Representatives Beeksma, Benton and Campbell - 3.


             Second Substitute Senate Bill No. 5757, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6113, by Senate Committee on Ways & Means (originally sponsored by Senators Wojahn, Winsley and Smith)

 

Authorizing the presumption of paternity to be rebutted in an appropriate administrative hearing.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Sheahan and Dellwo spoke in favor of passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6113.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6113 and the bill passed the House by the following vote: Yeas - 89, Nays - 6, Absent - 0, Excused - 3.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wolfe and Mr. Speaker - 89.

             Voting nay: Representatives Appelwick, Brown, Dickerson, Mason, Sommers, H. and Valle - 6.

             Excused: Representatives Beeksma, Benton and Campbell - 3.


             Substitute Senate Bill No. 6113, having received the constitutional majority, was declared passed.


SENATE BILL NO. 6167, by Senators Smith, Johnson, Newhouse and Winsley

 

Revising requirements for filing petitions for dissolution of marriage.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Hickel and Dellwo spoke in favor of passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 6167.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6167 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Excused: Representatives Beeksma, Benton and Campbell - 3.


             Senate Bill No. 6167, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6181, by Senator Smith

 

Clarifying the waiver of jury trial rights upon acceptance of a deferred prosecution.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Delvin and Dellwo spoke in favor of passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 6181.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6181 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Excused: Representatives Beeksma, Benton and Campbell - 3.


             Senate Bill No. 6181, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6214, by Senate Committee on Agriculture & Agricultural Trade & Development (originally sponsored by Senators Snyder, Newhouse, Rasmussen, Morton, Prince and Hargrove)

 

Defining a temporary growing structure.


             The bill was read the second time. Committee on Agriculture & Ecology recommendation. Majority, do pass as amended. (For committee amendment see Journal 47th Day, February 23, 1996.)


             There being no objection, the committee amendment was adopted.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Koster and Chappell spoke in favor of passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6214 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6214 as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Excused: Representatives Beeksma, Benton and Campbell - 3.


             Substitute Senate Bill No. 6214 as amended by the House, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6216, by Senator McAuliffe; by request of Board of Education and Superintendent of Public Instruction

 

Changing state board of education staff provisions.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Brumsickle and Cole spoke in favor of passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 6216.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6216 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Excused: Representatives Beeksma, Benton and Campbell - 3.


             Senate Bill No. 6216, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred consideration of Senate Bill No. 6217 and the bill held it's place on the second reading calendar.


             SUBSTITUTE SENATE BILL NO. 6237, by Senate Committee on Transportation (originally sponsored by Senators Prince, Owen, Wood and Prentice)

 

Permitting the use of certain wireless communications and computer equipment in vehicles.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative Robertson spoke in favor of passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6237.

ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6237 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Excused: Representatives Beeksma, Benton and Campbell - 3.


             Substitute Senate Bill No. 6237, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6263, by Senate Committee on Agriculture & Agricultural Trade & Development (originally sponsored by Senators Morton, Rasmussen, A. Anderson, Hargrove, Swecker, Hochstatter, Prince, Sellar, Schow and Roach)

 

Using equine and oxen.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Koster and Chappell spoke in favor of passage of the bill.


             Representative Romero spoke against passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6263.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6263 and the bill passed the House by the following vote: Yeas - 74, Nays - 21, Absent - 0, Excused - 3.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Conway, Cooke, Costa, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Ogden, Pelesky, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 74.

             Voting nay: Representatives Appelwick, Chopp, Cody, Cole, Dellwo, Dickerson, Fisher, R., Jacobsen, Keiser, Kessler, Mason, Morris, Murray, Patterson, Poulsen, Romero, Scheuerman, Tokuda, Valle, Veloria and Wolfe - 21.

             Excused: Representatives Beeksma, Benton and Campbell - 3.


             Substitute Senate Bill No. 6263, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6271, by Senate Committee on Transportation (originally sponsored by Senators Long and Owen)

 

Expanding automotive title branding.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative Johnson spoke in favor of passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6271.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6271 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Excused: Representatives Beeksma, Benton and Campbell - 3.


             Substitute Senate Bill No. 6271, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6379, by Senate Committee on Higher Education (originally sponsored by Senators Bauer, Wood and Deccio)

 

Expanding the definition of "training system" for purposes of work force training and education.


             The bill was read the second time. Committee on Higher Education recommendation. Majority, do pass as amended. (For committee amendment see Journal 47th Day, February 23, 1996.)


             There being no objection, the committee amendment was adopted.


             There being no objection, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.


             Representatives Carlson and Jacobsen spoke in favor of passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6379 as amended by the House.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6379 as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Excused: Representatives Beeksma, Benton and Campbell - 3.


             Substitute Senate Bill No. 6379 as amended by the House, having received the constitutional majority, was declared passed.


             ENGROSSED SUBSTITUTE SENATE BILL NO. 6398, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Long and Oke; by request of Department of Social and Health Services)

 

Providing for background checks of employees at the special commitment center.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Cooke and Tokuda spoke in favor of passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6398.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6398 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Excused: Representatives Beeksma, Benton and Campbell - 3.


             Engrossed Substitute Senate Bill No. 6398, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6414, by Senators Pelz and Newhouse; by request of Employment Security Department

 

Providing for federal income tax withholding from unemployment compensation benefits.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives McMorris and Romero spoke in favor of passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 6414.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6414 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Excused: Representatives Beeksma, Benton and Campbell - 3.


             Senate Bill No. 6414, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6467, by Senators Spanel, Swecker, Sutherland, Morton, Bauer, A. Anderson, Fraser, Roach and Haugen

 

Concerning the collection of pollution program fees.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Koster and Chappell spoke in favor of passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 6467.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6467 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Excused: Representatives Beeksma, Benton and Campbell - 3.


             Senate Bill No. 6467, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6487, by Senate Committee on Transportation (originally sponsored by Senators Owen and Prince; by request of Department of Licensing)

 

Revising qualifications for commercial driver's licenses.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative K. Schmidt spoke in favor of passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6487.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6487 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Excused: Representatives Beeksma, Benton and Campbell - 3.


             Substitute Senate Bill No. 6487, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6489, by Senators Owen and Prince; by request of Department of Licensing

 

Clarifying criteria for refund of overpayments of vehicle and vessel license fees.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives K. Schmidt and Tokuda spoke in favor of passage of the bill.


             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 6489.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6489 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Excused: Representatives Beeksma, Benton and Campbell - 3.


             Senate Bill No. 6489, having received the constitutional majority, was declared passed.


             There being no objection, the House advanced to the eleventh order of business.


             Representative Foreman moved that the House be at ease.


             The Speaker (Representative Horn presiding) declared the House to be at ease.


             The Speaker (Representative Grant presiding) called the House to order.


REPORTS OF STANDING COMMITTEES (SUPPLEMENTAL)


February 26, 1996

E2SSB 5322     Prime Sponsor, Committee on Ways & Means: Providing a death benefit award. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Clements, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Brumsickle; Carlson; Chappell; Cooke; Dellwo; Dyer; Foreman; Jacobsen; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.

 

MINORITY recommendation: Do not pass. Signed by Representatives Crouse and Hickel.


             Voting Yea: Representatives Huff, Clements, H. Sommers, Valle, Basich, Brumsickle, Carlson, Chappell, Cooke, Dellwo, Dyer, Foreman, Grant, Jacobsen, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Voting Nay: Representatives Crouse and Hickel.

             Excused: Representatives Pelesky and Beeksma.


             Passed to Committee on Rules for second reading.


February 26, 1996

E3SSB 6062     Prime Sponsor, Committee on Health & Long-Term Care: Making welfare work. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Children & Family Services with the following amendment:


             Strike everything after the enacting clause and insert the following:


             NEW SECTION. Sec. 1. INTENT. The legislature finds that it is important for the well-being of society, and for the families receiving aid to families with dependent children, that the provision of welfare from the public treasury reflects the values of mainstream American culture, specifically the importance of work, personal responsibility, and accountability for individual actions, and the value of the marriage commitment to each member of the family, including the children.

             Therefore, it is the public policy of the state of Washington, through its aid to families with dependent children program, to require every able-bodied citizen on aid to families with dependent children to engage in paid employment or engage in short-term training directed towards employment, to require accountability of all parents, and to discourage teen pregnancy by unwed parents as an action that is destructive to society.

             Therefore, the legislature intends that:

             (1) Income and employment assistance programs emphasize the temporary nature of welfare and set goals of responsibility, work, and independence;

             (2) Employment assistance resources focus on employable recipients who are most at risk of a long-term stay on welfare;

             (3) Caretakers receiving public assistance sign a contract delineating their obligation and responsibility to comply with requirements for work, training, and personal responsibility;

             (4) Specific time limits for the receipt of public assistance be set for recipients of aid to families with dependent children;

             (5) Unmarried parents who are minors generally will be ineligible for direct assistance under the aid to families with dependent children program; and

             (6) Community-based organizations such as churches, synagogues, nonprofit service providers, and business and labor organizations, have a greater role and responsibility in helping to meet the needs of children and families.


PART I. TARGET GROUPS


             NEW SECTION. Sec. 101. A new section is added to chapter 74.25 RCW to read as follows:

             TARGET GROUP CONTRACTS. The department shall assess each caretaker and, based on this assessment, refer the caretaker to the appropriate target group as provided under sections 102, 103, and 104 of this act, unless the caretaker is not or would not be required to sign a contract under section 301(3) of this act. Assessments shall be based upon age, age of dependents, education, condition of incapacity, and employment history. The assessment and referral of caretakers who are applicants for assistance on or after the effective date of this section shall be made as part of the application approval process. The assessment and referral of caretakers who have been approved for assistance before the effective date of this section shall be completed within twelve months after that date.


A. JOB-READY TARGET GROUP


             NEW SECTION. Sec. 102. A new section is added to chapter 74.25 RCW to read as follows:

             JOB-READY TARGET GROUP. All caretakers who are age eighteen or older and have an employment history in which the most recent job paid six dollars and fifty cents per hour or more, already possess job skills, or are likely to be reemployed with minimal services, shall be referred to the job-ready target group. Caretakers shall be entitled to grant assistance if they participate in sixteen weeks of job search within the first twenty-six weeks after signing an initial contract under section 301 of this act. All caretakers receiving aid to families with dependent children-employable shall be included in the job-ready target group. It is the intent of the legislature to refrain from excess expenditures on this group of aid to families with dependent children caretakers, as studies have demonstrated that job-ready individuals leave aid to families with dependent children quickly with minimal public help. Assessment and administrative costs shall be kept to a minimal level for this target group. Any caretakers in this group who do not have paid employment after sixteen weeks of job search within the first twenty-six weeks shall contract with the department for participation in the job preparation target group.


B. JOB PREPARATION TARGET GROUP


             NEW SECTION. Sec. 103. A new section is added to chapter 74.25 RCW to read as follows:

             JOB PREPARATION TARGET GROUP. All caretakers who are age eighteen or older and do not meet the qualifications for participation in the job-ready target group or who have been in the job-ready target group for twenty-six weeks without obtaining employment, shall be required, as a condition of benefit receipt, to enroll and participate in a program required by chapter . . ., Laws of 1996 (this act) under the job opportunities and basic skills training program.


C. YOUNG PARENT TARGET GROUP


             NEW SECTION. Sec. 104. A new section is added to chapter 74.25 RCW to read as follows:

             YOUNG PARENT TARGET GROUP. All caretakers under the age of twenty-four years who do not possess a high school diploma or a GED shall, as a condition of receiving benefits, actively progress toward the completion of a high school diploma or a GED.


PART II. JOB OPPORTUNITIES AND BASIC SKILLS TRAINING PROGRAM


             Sec. 201. RCW 74.25.010 and 1994 c 299 s 6 are each amended to read as follows:

             The legislature establishes as state policy the goal of economic self-sufficiency for employable recipients of ((public assistance)) aid to families with dependent children, through employment, training, and education. In furtherance of this policy, the legislature intends to comply with the requirements of the federal social security act, as amended, by creating a job opportunities and basic skills training program for applicants and recipients of aid to families with dependent children. ((The purpose of this program is to provide recipients of aid to families with dependent children the opportunity to obtain appropriate education, training, skills, and supportive services, including child care, consistent with their needs, that will help them enter or reenter gainful employment, thereby avoiding long-term welfare dependence and achieving economic self-sufficiency.)) The job opportunities and basic skills training program shall provide employment and training and education support services to assist caretakers under chapter 74.12 RCW to obtain employment. The program shall be operated by the department of social and health services in conformance with federal law ((and consistent with the following legislative findings:)).

             (1) The legislature finds that the well-being of children depends ((not only on meeting their material needs, but also)) on the ability of parents to become economically self-sufficient. It is in this way that the material needs of children can best be met. The job opportunities and basic skills training program is specifically directed at increasing the labor force participation and household earnings of aid to families with dependent children recipients, through the removal of barriers preventing them from achieving self-sufficiency. ((These barriers include, but are not limited to, the lack of recent work experience, supportive services such as affordable and reliable child care, adequate transportation, appropriate counseling, and necessary job-related tools, equipment, books, clothing, and supplies, the absence of basic literacy skills, the lack of educational attainment sufficient to meet labor market demands for career employees, and the nonavailability of useful labor market assessments.))

             (2) The legislature ((also)) recognizes that aid to families with dependent children recipients ((must be acknowledged as active)) are participants in self-sufficiency planning under the program. The legislature finds that the department of social and health services should clearly communicate ((concepts of the importance)) the requirement of work, the time-limited nature of public assistance, and how performance and effort directly affect future career and educational opportunities and economic well-being, as well as personal empowerment, self-motivation, and self-esteem to program participants. The legislature further recognizes that informed choice is consistent with individual responsibility, and that parents should be given a range of options for available child care while participating in the program.

             (3) The legislature finds that current work experience is one of the most important factors influencing an individual's ability to work toward financial stability and an adequate standard of living in the long term, and that work experience should be the most important component of the program.

             (4) The legislature finds that education, including, but not limited to, literacy, high school equivalency, vocational, secondary, and postsecondary, is ((one of the most)) an important tool((s)) an individual needs to achieve full independence, and that this should be ((an important)) a component of the program.

             (5) The legislature further finds that the objectives of this program are to assure that aid to families with dependent children recipients gain experience in the labor force and thereby enhance their long-term ability to achieve financial stability and an adequate standard of living at wages that will meet family needs.

             (6) The legislature finds that a critical component for successful reductions in the aid to families with dependent children caseloads is employment. Employment opportunities must be increased through public-private partnerships. The department shall work with the private sector to meet market needs, increase employability through on-the-job training opportunities, and develop incentives for employers to hire and train recipients.


             Sec. 202. RCW 74.25.020 and 1993 c 312 s 7 are each amended to read as follows:

             (1) The department of social and health services ((is authorized to)) shall contract for all functions of the jobs opportunities and basic skills program not specifically prohibited by federal law with public and private employment and training agencies and other public service entities to provide services prescribed or allowed under the federal social security act, as amended, to carry out the purposes of the jobs training program. ((The department of social and health services has sole authority and responsibility to carry out the job opportunities and basic skills training program.)) No contracting entity shall have the authority to review, change, or disapprove any administrative decision, or otherwise substitute its judgment for that of the department of social and health services as to the application of policies and rules adopted by the department of social and health services. The department, through its regional offices, shall collaborate with employers, recipients, education institutions, labor, private industry councils, the work force training and education coordinating board, community rehabilitation employment programs, local governments, the employment security department, and community action agencies to develop work programs that are effective and work in their communities. For planning purposes, the department shall collect and make accessible to regional offices successful work program models from around the United States, including the employment partnership program, the full employment act, apprenticeship programs, and W-2 Wisconsin works. Work programs shall incorporate local volunteer citizens in their planning and implementation phases to ensure community relevance and success.

             (2) ((To the extent feasible under federal law, the department of social and health services and all entities contracting with it shall give first priority of service to individuals volunteering for program participation.

             (3))) The department of social and health services shall adopt rules under chapter 34.05 RCW ((establishing)) that conform to the criteria in federal law for mandatory program participation as well as establish criteria constituting circumstances of good cause for an individual failing or refusing to participate in an assigned program component, or failing or refusing to accept or retain employment. ((These)) The good cause criteria shall include, but not be limited to, the following circumstances: (a) If the individual is a parent or other relative personally providing care for a child under age six years, and the employment would require the individual to work more than twenty hours per week; (b) if child care, or day care for an incapacitated individual living in the same home as a dependent child, is necessary for an individual to participate or continue participation in the program or accept employment, and such care is not available, and the department of social and health services fails to provide such care; (c) the employment would result in the family of the participant experiencing a net loss of cash income; or (d) circumstances that are beyond the control of the individual's household, either on a short-term or on an ongoing basis.

             (3) Participants in the job preparation target group shall each be limited to the components of their initial contract unless good cause for exception is presented.

             (4) The department of social and health services shall adopt rules under chapter 34.05 RCW as necessary to effectuate the intent and purpose of this chapter.

             (5) Responsible parents who are unable to make their child support payments for a child receiving aid to families with dependent children shall participate in the job opportunities and basic skills program under this chapter.

             (6) Except for subsection (7) of this section, section 202, chapter . . ., Laws of 1996 (this section) shall not take effect if sections 301, 302, 305, and 306 of this act do not become law.

             (7) Section 7, chapter 312, Laws of 1993 is repealed if sections 301, 302, 305, and 306 of this act do not become law.


             NEW SECTION. Sec. 203. A new section is added to chapter 74.25 RCW to read as follows:

             COMMUNITY SERVICE PROGRAM. A caretaker participating in a community service program shall locate a community service experience of at least one hundred hours per month with any willing public or private organization and provide documentation, signed by the recipient under penalty of perjury, to the department of his or her participation on forms established in rule by the department. Compliance shall be subject to random checks by the department.


             NEW SECTION. Sec. 204. A new section is added to chapter 74.13 RCW to read as follows:

             (1) The department shall operate an employment child care program for low-income working parents who are not receiving aid to families with dependent children.

             (2) Families with gross income at or below thirty-eight percent of state median income adjusted for family size are eligible for employment child care subsidies with a minimum copayment. Families with gross income above thirty-eight percent and at or below fifty-two percent of the state median income adjusted for family size are eligible for an employment child care subsidy with a calculated copayment.

             (3) The department shall provide a priority for recent recipients of aid to families with dependent children who are within twelve weeks of losing their transitional child care benefits.

             (4) The department shall provide employment child care subsidies for families meeting eligibility standards under this section, within funds appropriated by the legislature for this purpose.


             NEW SECTION. Sec. 205. A new section is added to chapter 74.12 RCW to read as follows:

             (1) Under the authority to establish ratable reductions and grant maximums pursuant to RCW 74.04.770, the department shall, by rule, increase the current ratable reduction for all recipients of aid to families with dependent children. The ratable reduction shall result in a nine percent reduction in the monthly payment standards under the aid to families with dependent children program. The increased ratable reduction shall be in addition to any ratable reduction caused by annual adjustments to consolidated standards of need.

             (2) All funds generated by the increased ratable reduction shall be used by the department to provide recipients of aid to families with dependent children with work and training-related services and child care services required under this chapter and chapter 74.25 RCW.


PART III. CONTRACTS FOR PERSONAL RESPONSIBILITY


             NEW SECTION. Sec. 301. A new section is added to chapter 74.12 RCW to read as follows:

             (1) A family receiving or applying for assistance under the aid to families with dependent children program is ineligible for continued or new assistance if the caretaker and the department have not entered into a contract satisfying the requirements of this section.

             (2) The contract shall (a) be entered into by the department and caretaker on a form prescribed by the department; (b) contain a list of the available benefits to which the family is eligible, including referral to available community resources; (c) contain a summary of the responsibilities that the caretaker must exercise for receipt of such benefits, including, where appropriate, high school completion or GED programs; (d) contain a statement of the rule in section 302 of this act prohibiting additional assistance for additional children; (e) contain a statement of the rules in section 305 of this act governing the duration of the contract; and (f) contain a statement of the rules in section 306 of this act governing time limits.

             (3) Caretakers are not required to enter into a contract under this section if:

             (a) The caretaker is incapacitated or needed in the home to care for a member of the household who is incapacitated. The caretaker shall submit documentation of the incapacity indicating the incapacity will last at least ninety days. Such documentation shall be obtained by the caretaker from a health care practitioner regulated under Title 18 RCW whose scope of practice includes diagnosis and treatment of the condition purported to cause the incapacity;

             (b) The caretaker has experienced domestic violence as defined in RCW 26.50 010(1) or sexual assault as defined in RCW 70.125.030(6) that results in the caretaker being incapacitated. The caretaker shall submit documentation of the incapacity indicating the incapacity will last at least ninety days. Such documentation shall be obtained by the caretaker from a health care practitioner regulated under Title 18 RCW whose scope of practice includes diagnosis and treatment of the condition purported to cause the incapacity;

             (c) The caretaker is needed in the home to care for a child under age two. This one-time exemption ends in the month the child is two years old and does not apply to any subsequent children; or

             (d) The caretaker is a minor.

             (4) The department may adopt rules postponing the date by which any provision or provisions of subsections (1) and (2) of this section will apply to caretakers who have been approved for assistance before the effective date of this section. However, such postponement may not be for longer than twelve months after the effective date of this section.

             (5) The provision of assistance under a contract entered into under this section is not an entitlement, but is a charitable gesture or gift on the part of the state, which at any time may be discontinued.


             NEW SECTION. Sec. 302. A new section is added to chapter 74.12 RCW to read as follows:

             The monthly benefit payment paid to a caretaker shall not be increased as a result of the caretaker's becoming the biological parent of any additional child or children born more than three hundred days after the day on which the caretaker first applied for assistance under this chapter. Caretakers receiving assistance under this chapter on the effective date of this section shall, for purposes of this section, be considered to have first applied for assistance on the effective date of this section.


             NEW SECTION. Sec. 303. A new section is added to chapter 74.20A RCW to read as follows:

             If a caretaker receiving cash assistance under the aid to families with dependent children program does not receive additional cash benefits for an additional child born more than three hundred days after aid to families with dependent children benefits were first applied for, as provided in section 302 of this act, the department must pay to the caretaker the full amount of any child support payments made to the department by the responsible parent on behalf of the additional child.


             NEW SECTION. Sec. 304. A new section is added to chapter 74.12 RCW to read as follows:

             Child support payments made to a caretaker under section 303 of this act shall be exempt from consideration as income when determining need.


             NEW SECTION. Sec. 305. A new section is added to chapter 74.12 RCW to read as follows:

             A contract entered into under section 301 of this act shall expire twenty-four calendar months after the month in which the caretaker first entered into a contract under section 301 of this act unless it is reviewed and modified, as the department finds appropriate, for an additional period or periods of not to exceed six months each. Under no circumstances may the department continue a contract or provide for monthly benefit payments beyond the forty-two-month limit prescribed in section 306 of this act. For a contract to be reviewed and modified, the caretaker must have requested the review and modification, have complied with the current terms of the contract, and have satisfied all eligibility requirements, including those requirements specified in section 306 of this act.


             NEW SECTION. Sec. 306. A new section is added to chapter 74.12 RCW to read as follows:

             (1) After a caretaker has received twenty-four monthly benefit payments pursuant to a contract entered into under section 301 of this act, the caretaker shall not be eligible for any additional monthly payments unless the caretaker qualifies for additional assistance under subsection (2) of this section.

             (2)(a) After a caretaker has received twenty-four monthly benefit payments under this chapter, the caretaker, if otherwise eligible, shall qualify for the reduced monthly benefit payments provided in (b) of this subsection:

             (i) During any month in which the caretaker is gainfully employed;

             (ii) During any month in which the caretaker participates in a community volunteer experience pursuant to section 305 of this act;

             (iii) During any month in which the caretaker works as a volunteer in a child care facility pursuant to RCW 74.25.040; or

             (iv) During any month in which the caretaker provides paid child care services for other caretakers participating in either paid employment or other activities under the job opportunities and basic skills training program.

             (b) The reduced monthly benefits to a caretaker who qualifies under (a) of this subsection shall be as follows: For the twenty-fifth through the thirtieth month, the department shall reduce the monthly benefit payment to eighty percent of the payment standard; for the thirty-first through the thirty-sixth month, the department shall reduce the monthly benefit payment to sixty percent of the payment standard; for the thirty-seventh through the forty-second month, the department shall reduce the monthly benefit payment to forty percent of the payment standard. Following the receipt of forty-two monthly benefit payments, a caretaker is forever ineligible to apply for or receive any further assistance under this chapter.

             (3) For the purposes of applying the rules of this section, the department shall count both consecutive and nonconsecutive months in which a caretaker received a monthly benefit payment or a portion of a monthly benefit payment.

             (4) The department shall refer caretakers who require specialized assistance to appropriate department programs, crime victims' programs through the department of community, trade, and economic development, or the crime victims' compensation program of the department of labor and industries.


             NEW SECTION. Sec. 307. A new section is added to chapter 74.12 RCW to read as follows:

             For the purposes of determining whether an aid to families with dependent children recipient shall receive reduced monthly benefits as provided for by this chapter as now or hereafter amended, length of stay shall be determined based on actual months of receipt of public assistance, including months prior to the effective date of this section but not before June 9, 1994, the effective date of section 9, chapter 299, Laws of 1994 (Engrossed Second Substitute House Bill No. 2798). In no case shall benefits be reduced under this chapter before July 1, 1997.


             NEW SECTION. Sec. 308. A new section is added to chapter 74.12 RCW to read as follows:

             In addition to their monthly benefit payment, caretakers may earn and keep thirty dollars and one-third of the remainder of their earnings during every month they are eligible to receive assistance under this chapter.


             NEW SECTION. Sec. 309. A new section is added to chapter 74.12 RCW to read as follows:

             (1) The department of social and health services shall adopt rules to implement sections 301, 302, 304, and 305 of this act and to enforce contracts adopted under section 301 of this act. However, it may not adopt such rules unless it has complied with subsections (2) and (3) of this section.

             (2) The joint legislative oversight committee, consisting of two members from each caucus of the house of representatives and two members from each caucus of the senate, is created. Within sixty days after the effective date of this section, the department shall submit copies of its proposed rules under this section to the secretary of the senate and the chief clerk of the house of representatives for distribution to the joint committee. The committee shall review the proposed rules and shall provide the department with its comments, if any, on the proposed rules.

             (3) When the committee comments on proposed rules, the committee shall give the department written notice of its findings and reasons therefor.

             (4) The joint legislative oversight committee shall study the extent to which minor parents receiving aid to families with dependent children may be victimized by males fathering children for whom they do not provide support. The joint legislative oversight committee shall make recommendations to the appropriate committees of the legislature by December 1, 1996. The department of social and health services shall cooperate with the study by providing information as requested regarding the unmarried minor parents related to the aid to families with dependent children caseload, the extent to which aid to families with dependent children recipients in these circumstances receive ordered child support, and other information relevant to the subject of predatory nonsupport.


             NEW SECTION. Sec. 310. A new section is added to chapter 74.12 RCW to read as follows:

             In order to be eligible for aid to families with dependent children, applicants shall, at the time of application for assistance, provide the names of both parents of their child or children, whether born or unborn, unless the applicant meets federal criteria for refusing such identification.


PART IV. MINOR PARENT PROVISIONS


             Sec. 401. RCW 26.16.205 and 1990 1st ex.s. c 2 s 13 are each amended to read as follows:

             The expenses of the family and the education of the children, including stepchildren and any child of whom their minor child is a biological parent, are chargeable upon the property of both husband and wife, or either of them, and they may be sued jointly or separately. When a petition for dissolution of marriage or a petition for legal separation is filed, the court may, upon motion of the stepparent, terminate the obligation to support the stepchildren or children of the stepchildren. The obligation to support stepchildren and children of stepchildren shall cease upon the entry of a decree of dissolution, decree of legal separation, or death. The obligation of a husband and wife to support a child of their minor child terminates when their minor child reaches eighteen years of age, however, a stepparent's support obligation may be terminated earlier as provided for in this section.


             Sec. 402. RCW 74.20A.020 and 1990 1st ex.s. c 2 s 15 are each amended to read as follows:

             Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter and chapter 74.20 RCW shall have the following meanings:

             (1) "Department" means the state department of social and health services.

             (2) "Secretary" means the secretary of the department of social and health services, his designee or authorized representative.

             (3) "Dependent child" means any person:

             (a) Under the age of eighteen who is not self-supporting, married, or a member of the armed forces of the United States; or

             (b) Over the age of eighteen for whom a court order for support exists.

             (4) "Support obligation" means the obligation to provide for the necessary care, support, and maintenance, including medical expenses, of a dependent child or other person as required by statutes and the common law of this or another state.

             (5) "Superior court order" means any judgment, decree, or order of the superior court of the state of Washington, or a court of comparable jurisdiction of another state, establishing the existence of a support obligation and ordering payment of a set or determinable amount of support moneys to satisfy the support obligation. For purposes of RCW 74.20A.055, orders for support which were entered under the uniform reciprocal enforcement of support act by a state where the responsible parent no longer resides shall not preclude the department from establishing an amount to be paid as current and future support.

             (6) "Administrative order" means any determination, finding, decree, or order for support pursuant to RCW 74.20A.055, or by an agency of another state pursuant to a substantially similar administrative process, establishing the existence of a support obligation and ordering the payment of a set or determinable amount of support moneys to satisfy the support obligation.

             (7) "Responsible parent" means a natural parent, adoptive parent, or stepparent of a dependent child or a person who has signed an affidavit acknowledging paternity which has been filed with the state office of vital statistics and includes the parent of an unmarried minor with a child.

             (8) "Stepparent" means the present spouse of the person who is either the mother, father, or adoptive parent of a dependent child, and such status shall exist until terminated as provided for in RCW 26.16.205.

             (9) "Support moneys" means any moneys or in-kind providings paid to satisfy a support obligation whether denominated as child support, spouse support, alimony, maintenance, or any other such moneys intended to satisfy an obligation for support of any person or satisfaction in whole or in part of arrears or delinquency on such an obligation.

             (10) "Support debt" means any delinquent amount of support moneys which is due, owing, and unpaid under a superior court order or an administrative order, a debt for the payment of expenses for the reasonable or necessary care, support, and maintenance, including medical expenses, of a dependent child or other person for whom a support obligation is owed; or a debt under RCW 74.20A.100 or 74.20A.270. Support debt also includes any accrued interest, fees, or penalties charged on a support debt, and attorneys fees and other costs of litigation awarded in an action to establish and enforce a support obligation or debt.

             (11) "State" means any state or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.


             Sec. 403. RCW 74.12.255 and 1994 c 299 s 33 are each amended to read as follows:

             (1) The department shall determine, after consideration of all relevant factors and in consultation with the applicant, the most appropriate living situation for applicants under eighteen years of age, unmarried, and either pregnant or having a dependent child or children in the applicant's care. An appropriate living situation((s)) shall include a place of residence that is maintained by the applicant's parents, parent, legal guardian, or other adult relative as their or his or her own home((, or other)) and that the department finds would provide an appropriate supportive living arrangement ((supervised by an adult where feasible and consistent with federal regulations under 45 C.F.R. chapter II, section 233.107)). It also includes a living situation maintained by an agency that is licensed under chapter 74.15 RCW that the department finds would provide an appropriate supportive living arrangement. Grant assistance shall not be provided under this chapter if the applicant does not reside in the most appropriate living situation, as determined by the department.

             (2) ((An applicant under eighteen years of age who is either pregnant or has a dependent child and is not living in a situation described in subsection (1) of this section shall be)) A minor parent or pregnant minor residing in the most appropriate living situation, as provided under subsection (1) of this section, is presumed to be unable to manage adequately the funds paid to the minor or on behalf of the dependent child or children and, unless the ((teenage custodial parent demonstrates otherwise)) minor provides sufficient evidence to rebut the presumption, shall be subject to the protective payee requirements provided for under RCW 74.12.250 and 74.08.280.

             (3) The department shall consider any statements or opinions by either parent of the ((teen recipient)) unmarried minor as to an appropriate living situation for the ((teen)) minor and his or her children, whether in the parental home or other situation. If the parents or a parent of the ((teen head of household applicant for assistance)) minor request, they or he or she shall be entitled to a hearing in juvenile court regarding ((the fitness and suitability of their home as the top priority choice)) designation of the parental home or other relative placement as the most appropriate living situation for the pregnant or parenting ((teen applicant for assistance)) minor.

             The department shall provide the parents ((shall have)) or parent with the opportunity to make a showing((, based on the preponderance of the evidence,)) that the parental home, or home of the other relative placement, is the most appropriate living situation. It shall be presumed in any administrative or judicial proceeding conducted under this subsection that the parental home or other relative placement requested by the parents or parent is the most appropriate living situation. This presumption is rebuttable.

             (4) In cases in which the ((head of household is under eighteen years of age,)) minor is unmarried((,)) and unemployed, ((and requests information on adoption,)) the department shall, as part of the determination of the appropriate living situation, provide information about adoption including referral to community-based organizations ((for)) providing counseling.


             Sec. 404. RCW 74.04.0052 and 1994 c 299 s 34 are each amended to read as follows:

             (1) The department shall determine, after consideration of all relevant factors and in consultation with the applicant, the most appropriate living situation for applicants under eighteen years of age, unmarried, and pregnant who are eligible for general assistance as defined in RCW 74.04.005(6)(a)(ii)(A). An appropriate living situation((s)) shall include a place of residence that is maintained by the applicant's parents, parent, legal guardian, or other adult relative as their or his or her own home((, or other)) and that the department finds would provide an appropriate supportive living arrangement ((supervised by an adult where feasible and consistent with federal regulations under 45 C.F.R. chapter II, section 233.107)). It also includes a living situation maintained by an agency that is licensed under chapter 74.15 RCW that the department finds would provide an appropriate supportive living arrangement. Grant assistance shall not be provided under this chapter if the applicant does not reside in the most appropriate living situation, as determined by the department.

             (2) ((An applicant under eighteen years of age who is pregnant and is not living in a situation described in subsection (1) of this section shall be)) A pregnant minor residing in the most appropriate living situation, as provided under subsection (1) of this section, is presumed to be unable to manage adequately the funds paid to the minor or on behalf of the dependent child or children and, unless the ((teenage custodial parent demonstrates otherwise)) minor provides sufficient evidence to rebut the presumption, shall be subject to the protective payee requirements provided for under RCW 74.12.250 and 74.08.280.

             (3) The department shall consider any statements or opinions by either parent of the ((teen recipient)) unmarried minor as to an appropriate living situation for the ((teen)) minor, whether in the parental home or other situation. If the parents or a parent of the ((teen head of household applicant for assistance)) minor request, they or he or she shall be entitled to a hearing in juvenile court regarding ((the fitness and suitability of their home as the top priority choice)) designation of the parental home or other relative placement as the most appropriate living situation for the pregnant or parenting ((teen applicant for assistance)) minor.

             The department shall provide the parents ((shall have)) or parent with the opportunity to make a showing((, based on the preponderance of the evidence,)) that the parental home, or home of the other relative placement, is the most appropriate living situation. It shall be presumed in any administrative or judicial proceeding conducted under this subsection that the parental home or other relative placement requested by the parents or parent is the most appropriate living situation. This presumption is rebuttable.

             (4) In cases in which the ((head of household is under eighteen years of age,)) minor is unmarried((,)) and unemployed, ((and requests information on adoption,)) the department shall, as part of the determination of the appropriate living situation, provide information about adoption including referral to community-based organizations ((for)) providing counseling.


             NEW SECTION. Sec. 405. A new section is added to chapter 74.12 RCW to read as follows:

             The parents of an unmarried minor who has a child are responsible for the support of the minor and child. The unmarried minor and the minor's child shall be considered to be part of the household of the minor's parents or parent for purposes of determining eligibility for aid to families with dependent children and general assistance for pregnant women as defined in RCW 74.04.005(6)(a)(ii)(A); and as such, the income and resources of the entire household are considered to be available to support the unmarried minor and his or her child.


             Sec. 406. RCW 13.34.160 and 1993 c 358 s 2 are each amended to read as follows:

             (1) In an action brought under this chapter, the court may inquire into the ability of the parent or parents of the child to pay child support and may enter an order of child support as set forth in chapter 26.19 RCW. The court may enforce the same by execution, or in any way in which a court of equity may enforce its decrees. All child support orders entered pursuant to this chapter shall be in compliance with the provisions of RCW 26.23.050.

             (2) For purposes of this section, if a dependent child's parent is an unmarried minor, then the parent or parents of the minor shall also be deemed a parent or parents of the dependent child. However, liability for child support under this subsection only exists if the parent or parents of the unmarried minor parent are provided the opportunity for a hearing on their ability to provide support. Any child support order requiring such a parent or parents to provide support for the minor parent's child may be effective only until the minor parent reaches eighteen years of age.


             Sec. 407. RCW 74.12.250 and 1963 c 228 s 21 are each amended to read as follows:

             If the department, after investigation, finds that any applicant for assistance under this chapter or any recipient of funds under ((an aid to families with dependent children grant)) this chapter would not use, or is not utilizing, the grant adequately for the needs of ((the)) his or her child or children or would dissipate the grant or is ((otherwise)) dissipating such grant, or would be or is unable to manage adequately the funds paid on behalf of said child and that to provide or continue ((said)) payments to ((him)) the applicant or recipient would be contrary to the welfare of the child, the department may make such payments to another individual who is interested in or concerned with the welfare of such child and relative: PROVIDED, That the department shall provide such counseling and other services as are available and necessary to develop greater ability on the part of the relative to manage funds in such manner as to protect the welfare of the family. Periodic review of each case shall be made by the department to determine if said relative is able to resume management of the assistance grant. If after a reasonable period of time the payments to the relative cannot be resumed, the department may request the attorney general to file a petition in the superior court for the appointment of a guardian for the child or children. Such petition shall set forth the facts warranting such appointment. Notice of the hearing on such petition shall be served upon the recipient and the department not less than ten days before the date set for such hearing. Such petition may be filed with the clerk of superior court and all process issued and served without payment of costs. If upon the hearing of such petition the court is satisfied that it is for the best interest of the child or children, and all parties concerned, that a guardian be appointed, he shall order the appointment, and may require the guardian to render to the court a detailed itemized account of expenditures of such assistance payments at such time as the court may deem advisable.

             It is the intention of this section that the guardianship herein provided for shall be a special and limited guardianship solely for the purpose of safeguarding the assistance grants made to dependent children. Such guardianship shall terminate upon the termination of such assistance grant, or sooner on order of the court, upon good cause shown.


PART V. LICENSE SUSPENSION


             NEW SECTION. Sec. 501. The legislature recognizes that the current statutory procedures for the collection of child support do not apply to all persons owing child support. In order to further insure that child support obligations are met, this act establishes a program by which certain licenses may be suspended, not issued, or not renewed if a person is one hundred eighty days or more in arrears on child support payments. With this program, it is the intent of the legislature to provide a strong incentive for persons owing support to make timely payments, and to cooperate with the department of social and health services to establish an appropriate schedule for the payment of any arrears. In addition, the legislature finds that disputes over child visitation comprises an often-cited reason why child support is unpaid. It is the intent of the legislature to include custodial parents who deny visitation as persons subject to license suspension, nonrenewal, and denial.

             In the implementation and management of this program, it is the legislature's intent that the objective of the department of social and health services be to obtain payment in full of arrears, or where that is not possible, to enter into agreements with delinquent obligors to make timely support payments and make reasonable payments towards the arrears. The legislature intends that if the obligor refuses to cooperate in establishing a fair and reasonable payment schedule for arrears, or if such payment schedule would cause a substantial hardship, or refuses to make timely support payments, the department shall proceed with certification to a licensing entity or the department of licensing that the person is not in compliance with a child support order.


             NEW SECTION. Sec. 502. A new section is added to chapter 74.20A RCW to read as follows:

             (1) As used in this section, unless the context indicates otherwise, the following terms have the following meanings.

             (a) "Licensing entity" includes any department, board, commission, or other organization of the state authorized to issue, renew, suspend, or revoke a license authorizing an individual to engage in a business, occupation, profession, industry, or the operation of a motor vehicle, and includes the Washington state supreme court, to the extent that a rule has been adopted by the court to implement suspension of licenses related to the practice of law.

             (b) "Noncompliance with a child support order" means a responsible parent has:

             (i) Accumulated arrears totaling more than six months of child support payments;

             (ii) Failed to make payments pursuant to a written agreement with the department towards a support arrearage in an amount that exceeds six months of payments; or

             (iii) Failed to make payments required by a superior court order or administrative order towards a support arrearage in an amount that exceeds six months of payments.

             (c) "License" means a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, industry, or the operation of a motor vehicle.

             (d) "Licensee" means any individual holding a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, industry, or the operation of a motor vehicle.

             (2) The department may serve upon a responsible parent a notice informing the responsible parent of the department's intent to submit the parent's name to the department of licensing and any appropriate licensing entity as a licensee who is not in compliance with a child support order. The department shall attach a copy of the responsible parent's child support order to the notice. Service of the notice must be by certified mail, return receipt requested. If, after seven mailing days, the department does not receive a return receipt, service shall be by personal service.

             (3) Before issuing a notice of noncompliance with a support order under this section, the department shall employ other support enforcement mechanisms for at least two months and for as long as the department is receiving funds in an amount sufficient to ensure the payment of current support and a reasonable amount towards the support debt.

             (4) The notice of noncompliance must include the address and telephone number of the department's division of child support office that issues the notice and must inform the responsible parent that:

             (a) The parent may request an adjudicative proceeding to contest the issue of compliance. The only issues that may be considered at the adjudicative proceeding are whether the parent is required to pay child support under a child support order, whether the parent is in compliance with that order, and whether the responsible parent has shown that suspension or not issuing or not renewing a license would create a substantial hardship to the responsible parent, to the responsible parent's employees, to legal dependents residing in the responsible parent's household, or to persons, businesses, or other entities served by the responsible parent;

             (b) A request for an adjudicative proceeding shall be in writing and must be received by the department within twenty days of the date of service of the notice;

             (c) If the parent requests an adjudicative proceeding within twenty days of service, the department will stay action to certify the parent to the department of licensing and any licensing entity for noncompliance with a child support order pending entry of a written decision after the adjudicative proceeding;

             (d) If the parent does not request an adjudicative proceeding within twenty days of service and remains in noncompliance with a child support order, the department will certify the parent's name to the department of licensing and any appropriate licensing entity for noncompliance with a child support order;

             (e) The department will stay action to certify the parent to the department of licensing and any licensing entity for noncompliance if the parent agrees to make timely payments of current support and agrees to a reasonable payment schedule for payment of the arrears. It is the parent's responsibility to contact in person or by mail the department's division of child support office indicated on the notice within twenty days of service of the notice to arrange for a payment schedule. The department may stay certification for up to thirty days after contact from a parent to arrange for a payment schedule;

             (f) If the department certifies the responsible parent to the department of licensing and a licensing entity for noncompliance with a child support order, the licensing entity will suspend, not renew, or not issue the parent's license and the department of licensing will suspend, not renew, or not issue any driver's license that the parent holds until the parent provides the department of licensing and the licensing entity with a written release from the department stating that the responsible parent is in compliance with the child support order;

             (g) Suspension of a license will affect insurability if the responsible parent's insurance policy excludes coverage for acts occurring after the suspension of a license;

             (h) If after receiving the notice of noncompliance with a child support order, the responsible parent files a motion to modify support with the court or requests the department to amend a support obligation established by an administrative decision, the department or the court shall, for up to one hundred eighty days, stay action to certify the parent to the department of licensing and any licensing entity for noncompliance with a child support order. If a motion for modification of a court or administrative order for child support is pending prior to service of the notice, any action to certify the parent to a licensing entity for noncompliance with a child support order shall be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification; and

             (i) If the responsible parent subsequently becomes in compliance with the child support order, the department will promptly provide the parent with a written release stating that the parent is in compliance with the order, and the parent may request that the licensing entity or the department of licensing reinstate the suspended license.

             (5) A responsible parent may request an adjudicative proceeding upon service of the notice described in subsection (2) of this section. The request for an adjudicative proceeding must be received by the department within twenty days of service. The request must be in writing and indicate the current mailing address and daytime phone number, if available, of the responsible parent. The proceedings under this subsection shall be conducted in accordance with the requirements of chapter 34.05 RCW. The issues that may be considered at the adjudicative proceeding are limited to whether the responsible parent is required to pay child support under a child support order, whether the responsible parent is in compliance with the order, and whether the responsible parent has shown that suspension or not issuing or not renewing a license would create a substantial hardship to the responsible parent, to the responsible parent's employees, to legal dependents residing in the responsible parent's household, or to persons, businesses, or other entities served by the responsible parent.

             (6) The decision resulting from the adjudicative proceeding must be in writing and inform the responsible parent of all rights to review. The parent's copy of the decision may be sent by regular mail to the parent's most recent address of record.

             (7) If a responsible parent contacts the department's division of child support office indicated on the notice of noncompliance within twenty days of service of the notice and requests arrangement of a payment schedule, the department shall stay the certification of noncompliance during negotiation of the schedule for payment of arrears. In no event shall the stay continue for more than thirty days from the date of contact by the parent. The department shall establish a schedule for payment of arrears that is fair and reasonable, and that considers the financial situation of the responsible parent and whether the schedule for payment would create a substantial hardship to the responsible parent, to the responsible parent's employees, to legal dependents residing in the responsible parent's household, or to persons, businesses, or other entities served by the responsible parent. At the end of the thirty days, if no payment schedule has been agreed to in writing, the responsible parent may file an application for an adjudicative hearing to determine a schedule for the payment of arrearages. The presiding officer shall apply the standards specified in this section to determine an appropriate arrearages payment schedule. The responsible parent may petition the superior court for a review of the administrative order establishing the arrearages payment schedule. The judicial review of the administrative hearing shall be de novo and the court shall apply the standards specified in this section in determining the appropriate arrearages payment schedule.

             (8) If a responsible parent timely requests an adjudicative proceeding to contest the issue of compliance, the department may not certify the name of the parent to the department of licensing or a licensing entity for noncompliance with a child support order unless the adjudicative proceeding results in a finding that the responsible parent is not in compliance with the order.

             (9) The department may certify in writing to the department of licensing and any appropriate licensing entity the name of a responsible parent who is not in compliance with a child support order if:

             (a) The responsible parent does not timely request an adjudicative proceeding upon service of a notice issued under subsection (2) of this section and is not in compliance with a child support order twenty-one days after service of the notice;

             (b) An adjudicative proceeding results in a decision that the responsible parent is not in compliance with a child support order; or

             (c) The court enters a judgment on a petition for judicial review that finds the responsible parent is not in compliance with a child support order.

             The department shall send by certified mail, return receipt requested a copy of any certification of noncompliance filed with the department of licensing or a licensing entity to the responsible parent at the responsible parent's most recent address of record.

             (10) The department of licensing and a licensing entity shall notify a responsible parent certified by the department under subsection (9) of this section, without undue delay, that the parent's driver's license or other license has been suspended because the parent's name has been certified by the department as a responsible parent who is not in compliance with a child support order.

             (11) When a responsible parent who is served notice under subsection (2) of this section subsequently complies with the child support order, the department shall promptly provide the parent with a written release stating that the responsible parent is in compliance with the order.

             (12) The department may adopt rules to implement and enforce the requirements of this section.

             (13) Nothing in this section prohibits a responsible parent from filing a motion to modify support with the court or from requesting the department to amend a support obligation established by an administrative decision. If there is a reasonable likelihood that the motion or request will significantly change the amount of the child support obligation, the department or the court may, for up to one hundred eighty days, stay action to certify the responsible parent to the department of licensing and any licensing entity for noncompliance with a child support order. If a motion for modification of a court or administrative order for child support is pending prior to service of the notice, any action to certify the parent to a licensing entity for noncompliance with a child support order shall be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification.

             (14) The department of licensing and a licensing entity may issue, renew, reinstate, or otherwise extend a license in accordance with the licensing entity's or the department of licensing's rules after the licensing entity or the department of licensing receives a copy of the written release specified in subsection (11) of this section. The department of licensing and a licensing entity may waive any applicable requirement for reissuance, renewal, or other extension if it determines that the imposition of that requirement places an undue burden on the person and that waiver of the requirement is consistent with the public interest.

             (15) Consistent with the intent of chapter . . ., Laws of 1996 (this act), the department shall develop rules and procedures for implementing the requirements of this section and applying the standards provided in this section. The department shall deliver a copy of these rules and procedures to the appropriate committees of the senate and the house of representatives no later than June 30, 1997.


             NEW SECTION. Sec. 503. A new section is added to chapter 74.20A RCW to read as follows:

             (1) The department of social and health services and all of the various licensing entities subject to section 502 of this act shall enter into such agreements as are necessary to carry out the requirements of the license suspension program established in section 502 of this act, but only to the extent the departments and the licensing entities determine it is cost-effective.

             (2) On or before January 1, 1997, and quarterly thereafter, the department of social and health services and all licensing entities subject to section 502 of this act shall perform a comparison of responsible parents who are not in compliance with a child support order, as defined in section 502 of this act, with all licensees subject to chapter . . ., Laws of 1996 (this act). The comparison may be conducted electronically, or by any other means that is jointly agreeable between the department and the particular licensing entity. The data shared shall be limited to those items necessary to implementation of chapter . . ., Laws of 1996 (this act). The purpose of the comparison shall be to identify current licensees who are not in compliance with a child support order, and to provide to the department of social and health services the following information regarding those licensees:

             (a) Name;

             (b) Date of birth;

             (c) Address of record;

             (d) Federal employer identification number or social security number;

             (e) Type of license;

             (f) Effective date of license or renewal;

             (g) Expiration date of license; and

             (h) Active or inactive status.


             NEW SECTION. Sec. 504. A new section is added to chapter 74.20A RCW to read as follows:

             In furtherance of the public policy of increasing collection of child support and to assist in evaluation of the program established in section 502 of this act, the department shall report the following to the legislature and the governor on December 1, 1997, and annually thereafter:

             (1) The number of responsible parents identified as licensees subject to section 502 of this act;

             (2) The number of responsible parents identified by the department as not in compliance with a child support order;

             (3) The number of notices of noncompliance served upon responsible parents by the department;

             (4) The number of responsible parents served a notice of noncompliance who request an adjudicative proceeding;

             (5) The number of adjudicative proceedings held, and the results of the adjudicative proceedings;

             (6) The number of responsible parents certified to the department of licensing or licensing entities for noncompliance with a child support order, and the type of license the parents held;

             (7) The costs incurred in the implementation and enforcement of section 502 of this act and an estimate of the amount of child support collected due to the departments under section 502 of this act;

             (8) Any other information regarding this program that the department feels will assist in evaluation of the program;

             (9) Recommendations for the addition of specific licenses in the program or exclusion of specific licenses from the program, and reasons for such recommendations; and

             (10) Any recommendations for statutory changes necessary for the cost-effective management of the program.


             Sec. 505. RCW 46.20.291 and 1993 c 501 s 4 are each amended to read as follows:

             The department is authorized to suspend the license of a driver upon a showing by its records or other sufficient evidence that the licensee:

             (1) Has committed an offense for which mandatory revocation or suspension of license is provided by law;

             (2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any person or serious property damage;

             (3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways;

             (4) Is incompetent to drive a motor vehicle under RCW 46.20.031(3); ((or))

             (5) Has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289; ((or))

             (6) Has committed one of the prohibited practices relating to drivers' licenses defined in RCW 46.20.336; or

             (7) Has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act.


             Sec. 506. RCW 46.20.311 and 1995 c 332 s 11 are each amended to read as follows:

             (1) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.342 or other provision of law. Except for a suspension under RCW 46.20.289 and 46.20.291(5), whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order as provided in section 607 of this act, the suspension shall remain in effect until the person provides a written release issued by the department of social and health services or a court stating that the person is in compliance with the order. The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be fifty dollars.

             (2) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (a) After the expiration of one year from the date the license or privilege to drive was revoked; (b) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (c) after the expiration of two years for persons convicted of vehicular homicide; or (d) after the expiration of the applicable revocation period provided by RCW 46.20.265. After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars, but if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.

             (3) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (a) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (b) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be fifty dollars.


             NEW SECTION. Sec. 507. A new section is added to chapter 48.22 RCW to read as follows:

             A motor vehicle liability insurance policy that contains any provision excluding insurance coverage for an unlicensed driver shall not apply for ninety days from the date of suspension in the event that the department of licensing suspends a driver's license solely for the nonpayment of child support as provided in chapter 74.20A RCW or for noncompliance with a residential or visitation order as provided in chapter 26.09 RCW.


             NEW SECTION. Sec. 508. ATTORNEYS. The legislature intends that the license suspension program established in chapter 74.20A RCW be implemented fairly to ensure that child support obligations are met. However, being mindful of the separations of powers and responsibilities among the branches of government, the legislature strongly encourages the state supreme court to adopt rules providing for suspension and denial of licenses related to the practice of law to those individuals who are in noncompliance with a support order.


             NEW SECTION. Sec. 509. A new section is added to chapter 2.48 RCW to read as follows:

             ATTORNEYS. The Washington state supreme court may provide by rule that no person who has been certified by the department of social and health services as a person who is in noncompliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be admitted to the practice of law in this state, and that any member of the Washington state bar association who has been certified by the department of social and health services as a person who is in noncompliance with a support order as provided in section 502 of this act or by a court as in noncompliance with a residential or visitation order under section 607 of this act shall be immediately suspended from membership. The court's rules may provide for review of an application for admission or reinstatement of membership after the department of social and health services or a court has issued a written release stating that the person is in compliance with the order.


             NEW SECTION. Sec. 510. A new section is added to chapter 18.04 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate of "certified public accountant." The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate under this chapter after the person provides the board a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The board shall immediately suspend the certificate or license of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 511. RCW 18.04.335 and 1992 c 103 s 13 are each amended to read as follows:

             (1) Upon application in writing and after hearing pursuant to notice, the board may:

             (((1))) (a) Modify the suspension of, or reissue a certificate or license to, an individual whose certificate has been revoked or suspended; or

             (((2))) (b) Modify the suspension of, or reissue a license to a firm whose license has been revoked, suspended, or which the board has refused to renew.

             (2) In the case of suspension for failure to comply with a support order under chapter 74.20A RCW, or a residential or visitation order as provided in section 607 of this act if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a certificate or license shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the individual is in compliance with the order.


             Sec. 512. RCW 18.08.350 and 1993 c 475 s 1 are each amended to read as follows:

             (1) Except as provided in section 514 of this act, a certificate of registration shall be granted by the director to all qualified applicants who are certified by the board as having passed the required examination and as having given satisfactory proof of completion of the required experience.

             (2) Applications for examination shall be filed as the board prescribes by rule. The application and examination fees shall be determined by the director under RCW 43.24.086.

             (3) An applicant for registration as an architect shall be of a good moral character, at least eighteen years of age, and shall possess any of the following qualifications:

             (a) Have an accredited architectural degree and three years' practical architectural work experience approved by the board, which may include designing buildings as a principal activity. At least two years' work experience must be supervised by an architect with detailed professional knowledge of the work of the applicant;

             (b) Have eight years' practical architectural work experience approved by the board. Each year spent in an accredited architectural program approved by the board shall be considered one year of practical experience. At least four years' practical work experience shall be under the direct supervision of an architect; or

             (c) Be a person who has been designing buildings as a principal activity for eight years, or has an equivalent combination of education and experience, but who was not registered under chapter 323, Laws of 1959, as amended, as it existed before July 28, 1992, provided that application is made within four years after July 28, 1992. Nothing in this chapter prevents such a person from designing buildings for four years after July 28, 1992, or the five-year period allowed for completion of the examination process, after that person has applied for registration. A person who has been designing buildings and is qualified under this subsection shall, upon application to the board of registration for architects, be allowed to take the examination for architect registration on an equal basis with other applicants.


             Sec. 513. RCW 18.08.350 and 1993 c 475 s 2 are each amended to read as follows:

             (1) Except as provided in section 514 of this act, a certificate of registration shall be granted by the director to all qualified applicants who are certified by the board as having passed the required examination and as having given satisfactory proof of completion of the required experience.

             (2) Applications for examination shall be filed as the board prescribes by rule. The application and examination fees shall be determined by the director under RCW 43.24.086.

             (3) An applicant for registration as an architect shall be of a good moral character, at least eighteen years of age, and shall possess any of the following qualifications:

             (a) Have an accredited architectural degree and three years' practical architectural work experience approved by the board, which may include designing buildings as a principal activity. At least two years' work experience must be supervised by an architect with detailed professional knowledge of the work of the applicant; or

             (b) Have eight years' practical architectural work experience approved by the board. Each year spent in an accredited architectural program approved by the board shall be considered one year of practical experience. At least four years' practical work experience shall be under the direct supervision of an architect.


             NEW SECTION. Sec. 514. A new section is added to chapter 18.08 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of registration under this chapter after the person provides the board a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The board shall immediately suspend the certificate of registration or certificate of authorization to practice architecture of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet other requirements for reinstatement during the suspension, reissuance of the certificate shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the individual is in compliance with the order.


             Sec. 515. RCW 18.11.160 and 1986 c 324 s 12 are each amended to read as follows:

             (1) No license shall be issued by the department to any person who has been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy, fraud, theft, receiving stolen goods, unlawful issuance of checks or drafts, or other similar offense, or to any partnership of which the person is a member, or to any association or corporation of which the person is an officer or in which as a stockholder the person has or exercises a controlling interest either directly or indirectly.

             (2) No license may be issued by the department to any person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the board a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (3) The following shall be grounds for denial, suspension, or revocation of a license, or imposition of an administrative fine by the department:

             (a) Misrepresentation or concealment of material facts in obtaining a license;

             (b) Underreporting to the department of sales figures so that the auctioneer or auction company surety bond is in a lower amount than required by law;

             (c) Revocation of a license by another state;

             (d) Misleading or false advertising;

             (e) A pattern of substantial misrepresentations related to auctioneering or auction company business;

             (f) Failure to cooperate with the department in any investigation or disciplinary action;

             (g) Nonpayment of an administrative fine prior to renewal of a license;

             (h) Aiding an unlicensed person to practice as an auctioneer or as an auction company; and

             (i) Any other violations of this chapter.

             (4) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 516. RCW 18.16.100 and 1991 c 324 s 6 are each amended to read as follows:

             (1) Upon payment of the proper fee, except as provided in section 517 of this act the director shall issue the appropriate license to any person who:

             (a) Is at least seventeen years of age or older;

             (b) Has completed and graduated from a course approved by the director of sixteen hundred hours of training in cosmetology, one thousand hours of training in barbering, five hundred hours of training in manicuring, five hundred hours of training in esthetics, and/or five hundred hours of training as an instructor-trainee; and

             (c) Has received a passing grade on the appropriate licensing examination approved or administered by the director.

             (2) A person currently licensed under this chapter may qualify for examination and licensure, after the required examination is passed, in another category if he or she has completed the crossover training course approved by the director.

             (3) Upon payment of the proper fee, the director shall issue a salon/shop license to the operator of a salon/shop if the salon/shop meets the other requirements of this chapter as demonstrated by information submitted by the operator.

             (4) The director may consult with the state board of health and the department of labor and industries in establishing training and examination requirements.


             NEW SECTION. Sec. 517. A new section is added to chapter 18.16 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 518. A new section is added to chapter 18.20 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 519. RCW 18.27.030 and 1992 c 217 s 1 are each amended to read as follows:

             (1) An applicant for registration as a contractor shall submit an application under oath upon a form to be prescribed by the director and which shall include the following information pertaining to the applicant:

             (a) Employer social security number.

             (b) As applicable: (i) The industrial insurance account number covering employees domiciled in Washington; and (ii) evidence of workers' compensation coverage in the applicant's state of domicile for the applicant's employees working in Washington who are not domiciled in Washington.

             (c) Employment security department number.

             (d) State excise tax registration number.

             (e) Unified business identifier (UBI) account number may be substituted for the information required by (b), (c), and (d) of this subsection.

             (f) Type of contracting activity, whether a general or a specialty contractor and if the latter, the type of specialty.

             (g) The name and address of each partner if the applicant be a firm or partnership, or the name and address of the owner if the applicant be an individual proprietorship, or the name and address of the corporate officers and statutory agent, if any, if the applicant be a corporation. The information contained in such application shall be a matter of public record and open to public inspection.

             (2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(b) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington.

             (3) Registration shall be denied if the applicant has been previously registered as a sole proprietor, partnership or corporation, and was a principal or officer of the corporation, and if the applicant has an unsatisfied final judgment in an action based on RCW 18.27.040 that incurred during a previous registration under this chapter.

             (4) Registration shall be denied if the applicant has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed and the person may be registered under this chapter if the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 520. RCW 18.27.060 and 1983 1st ex.s. c 2 s 19 are each amended to read as follows:

             (1) A certificate of registration shall be valid for one year and shall be renewed on or before the expiration date. The department shall issue to the applicant a certificate of registration upon compliance with the registration requirements of this chapter.

             (2) If the department approves an application, it shall issue a certificate of registration to the applicant. The certificate shall be valid for:

             (a) One year;

             (b) Until the bond expires; or

             (c) Until the insurance expires, whichever comes first. The department shall place the expiration date on the certificate.

             (3) A contractor may supply a short-term bond or insurance policy to bring its registration period to the full one year.

             (4) If a contractor's surety bond or other security has an unsatisfied judgment against it or is canceled, or if the contractor's insurance policy is canceled, the contractor's registration shall be automatically suspended on the effective date of the impairment or cancellation. The department shall give notice of the suspension to the contractor.

             (5) The department shall immediately suspend the certificate of registration of a contractor who has been certified by the department of social and health services as a person who either (a) is not in compliance with a support order as provided in section 502 of this act, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. The certificate of registration shall not be reissued or renewed unless the person provides to the department a written release from the department of social and health services or a court stating that he or she is in compliance with the order and the person has continued to meet all other requirements for certification during the suspension.


             Sec. 521. RCW 18.28.060 and 1979 c 156 s 3 are each amended to read as follows:

             Except as provided in section 522 of this act, the director shall issue a license to an applicant if the following requirements are met:

             (1) The application is complete and the applicant has complied with RCW 18.28.030.

             (2) Neither an individual applicant, nor any of the applicant's members if the applicant is a partnership or association, nor any of the applicant's officers or directors if the applicant is a corporation: (a) Has ever been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any other like offense, or has been disbarred from the practice of law; (b) has participated in a violation of this chapter or of any valid rules, orders or decisions of the director promulgated under this chapter; (c) has had a license to engage in the business of debt adjusting revoked or removed for any reason other than for failure to pay licensing fees in this or any other state; or (d) is an employee or owner of a collection agency, or process serving business.

             (3) An individual applicant is at least eighteen years of age.

             (4) An applicant which is a partnership, corporation, or association is authorized to do business in this state.

             (5) An individual applicant for an original license as a debt adjuster has passed an examination administered by the director, which examination may be oral or written, or partly oral and partly written, and shall be practical in nature and sufficiently thorough to ascertain the applicant's fitness. Questions on bookkeeping, credit adjusting, business ethics, agency, contracts, debtor and creditor relationships, trust funds and the provisions of this chapter shall be included in the examination. No applicant may use any books or other similar aids while taking the examination, and no applicant may take the examination more than three times in any twelve month period.


             NEW SECTION. Sec. 522. A new section is added to chapter 18.28 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 523. RCW 18.39.181 and 1986 c 259 s 65 are each amended to read as follows:

             The director shall have the following powers and duties:

             (1) To issue all licenses provided for under this chapter;

             (2) To annually renew licenses under this chapter;

             (3) To collect all fees prescribed and required under this chapter; ((and))

             (4) To deny issuing or immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order; and

             (5) To keep general books of record of all official acts, proceedings, and transactions of the department of licensing while acting under this chapter.


             NEW SECTION. Sec. 524. A new section is added to chapter 18.39 RCW to read as follows:

             (1) In the case of a person who has been denied the issuance of a license under this chapter because the person was certified either (a) by the department of social and health services as a person who is not in compliance with section 502 of this act or (b) by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act, the application of that person may be reviewed by the director for issuance of a license after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) In the case of suspension for failure to comply with a support order under chapter 74.20A RCW or a residential or visitation order under chapter 26.09 RCW, if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the individual is in compliance with the order.


             NEW SECTION. Sec. 525. A new section is added to chapter 18.43 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of registration under this chapter after the person provides the board a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The board shall immediately suspend the registration of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for membership during the suspension, reissuance of the certificate of registration shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             NEW SECTION. Sec. 526. A new section is added to chapter 18.44 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of registration under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the certificate of registration of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 527. RCW 18.46.050 and 1991 c 3 s 101 are each amended to read as follows:

             (1) The department may deny, suspend, or revoke a license in any case in which it finds that there has been failure or refusal to comply with the requirements established under this chapter or the rules adopted under it.

             (2) The department shall deny a license in any case where the applicant has been certified under section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (3) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.


             Sec. 528. RCW 18.51.054 and 1989 c 372 s 7 are each amended to read as follows:

             The department may deny a license to any applicant if the department finds that the applicant or any partner, officer, director, managerial employee, or owner of five percent or more of the applicant:

             (1) Operated a nursing home without a license or under a revoked or suspended license; or

             (2) Knowingly or with reason to know made a false statement of a material fact (a) in an application for license or any data attached thereto, or (b) in any matter under investigation by the department; or

             (3) Refused to allow representatives or agents of the department to inspect (a) all books, records, and files required to be maintained or (b) any portion of the premises of the nursing home; or

             (4) Willfully prevented, interfered with, or attempted to impede in any way (a) the work of any authorized representative of the department or (b) the lawful enforcement of any provision of this chapter or chapter 74.42 RCW; or

             (5) Has a history of significant noncompliance with federal or state regulations in providing nursing home care. In deciding whether to deny a license under this section, the factors the department considers shall include the gravity and frequency of the noncompliance; or

             (6) Has been certified pursuant to section 502 of this act by the department of social and health services, division of child support, as a person who is not in compliance with a support order, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services, division of child support, or a court stating that the person is in compliance with the order.


             NEW SECTION. Sec. 529. A new section is added to chapter 18.51 RCW to read as follows:

             The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services, division of support, as a person who is not in compliance with a child support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the division of child support or a court stating that the person is in compliance with the order.


             NEW SECTION. Sec. 530. A new section is added to chapter 18.76 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the certification of a poison center medical director or a poison information specialist who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certification shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             NEW SECTION. Sec. 531. A new section is added to chapter 18.85 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a broker's or salesperson's license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend the license of a broker or salesperson who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             NEW SECTION. Sec. 532. A new section is added to chapter 18.96 RCW to read as follows:

             No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate under this chapter after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 533. RCW 18.96.120 and 1969 ex.s. c 158 s 12 are each amended to read as follows:

             (1) The director may refuse to renew, or may suspend or revoke, a certificate of registration to use the titles landscape architect, landscape architecture, or landscape architectural in this state upon the following grounds:

             (((1))) (a) The holder of the certificate of registration is impersonating a practitioner or former practitioner.

             (((2))) (b) The holder of the certificate of registration is guilty of fraud, deceit, gross negligence, gross incompetency or gross misconduct in the practice of landscape architecture.

             (((3))) (c) The holder of the certificate of registration permits his seal to be affixed to any plans, specifications or drawings that were not prepared by him or under his personal supervision by employees subject to his direction and control.

             (((4))) (d) The holder of the certificate has committed fraud in applying for or obtaining a certificate.

             (2) The director shall immediately suspend the certificate of registration of a landscape architect who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of registration shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 534. RCW 18.96.150 and 1993 c 35 s 6 are each amended to read as follows:

             Except as provided in section 532 of this act, the director shall issue a certificate of registration upon payment of the registration fee as provided in this chapter to any applicant who has satisfactorily met all requirements for registration. All certificates of registration shall show the full name of the registrant, shall have a serial number and shall be signed by the chairman and the executive secretary of the board, and by the director.

             Each registrant shall obtain a seal of a design authorized by the board, bearing the registrant's name and the legend, "registered landscape architect". All sheets of drawings and title pages of specifications prepared by the registrant shall be stamped with said seal.


             NEW SECTION. Sec. 535. A new section is added to chapter 18.104 RCW to read as follows:

             No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 536. RCW 18.104.110 and 1993 c 387 s 18 are each amended to read as follows:

             (1) In cases other than those relating to the failure of a licensee to renew a license, the director may suspend or revoke a license issued pursuant to this chapter for any of the following reasons:

             (((1))) (a) For fraud or deception in obtaining the license;

             (((2))) (b) For fraud or deception in reporting under RCW 18.104.050;

             (((3))) (c) For violating the provisions of this chapter, or of any lawful rule or regulation of the department or the department of health.

             (2) The director shall immediately suspend any license issued under this chapter if the holder of the license either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (3) No license shall be suspended for more than six months, except that a suspension under section 502 or 607 of this act shall continue until the department receives a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (4) No person whose license is revoked shall be eligible to apply for a license for one year from the effective date of the final order of revocation.


             Sec. 537. RCW 18.106.070 and 1985 c 465 s 1 are each amended to read as follows:

             (1) Except as provided in section 538 of this act, the department shall issue a certificate of competency to all applicants who have passed the examination and have paid the fee for the certificate. The certificate shall bear the date of issuance, and shall expire on the birthdate of the holder immediately following the date of issuance. The certificate shall be renewable every other year, upon application, on or before the birthdate of the holder. A renewal fee shall be assessed for each certificate. If a person fails to renew the certificate by the renewal date, he or she must pay a doubled fee. If the person does not renew the certificate within ninety days of the renewal date, he or she must retake the examination and pay the examination fee.

             The certificate of competency and the temporary permit provided for in this chapter grant the holder the right to engage in the work of plumbing as a journeyman plumber or specialty plumber in accordance with their provisions throughout the state and within any of its political subdivisions on any job or any employment without additional proof of competency or any other license or permit or fee to engage in the work. This section does not preclude employees from adhering to a union security clause in any employment where such a requirement exists.

             (2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the plumbing construction trade or who is learning the plumbing construction trade may work in the plumbing construction trade if supervised by a certified journeyman plumber or a certified specialty plumber in that plumber's specialty. All apprentices and individuals learning the plumbing construction trade shall obtain a plumbing training certificate from the department. The certificate shall authorize the holder to learn the plumbing construction trade while under the direct supervision of a journeyman plumber or a specialty plumber working in his or her specialty. The holder of the plumbing training certificate shall renew the certificate annually. At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the plumbing construction industry for the previous year and the number of hours worked for each employer. An annual fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover but not exceed the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices and individuals learning the plumbing construction trade shall have their plumbing training certificates in their possession at all times that they are performing plumbing work. They shall show their certificates to an authorized representative of the department at the representative's request.

             (3) Any person who has been issued a plumbing training certificate under this chapter may work if that person is under supervision. Supervision shall consist of a person being on the same job site and under the control of either a journeyman plumber or an appropriate specialty plumber who has an applicable certificate of competency issued under this chapter. Either a journeyman plumber or an appropriate specialty plumber shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. The ratio of noncertified individuals to certified journeymen or specialty plumbers working on a job site shall be: (a) From July 28, 1985, through June 30, 1988, not more than three noncertified plumbers working on any one job site for every certified journeyman or specialty plumber; (b) effective July 1, 1988, not more than two noncertified plumbers working on any one job site for every certified specialty plumber or journeyman plumber working as a specialty plumber; and (c) effective July 1, 1988, not more than one noncertified plumber working on any one job site for every certified journeyman plumber working as a journeyman plumber.

             An individual who has a current training certificate and who has successfully completed or is currently enrolled in an approved apprenticeship program or in a technical school program in the plumbing construction trade in a school approved by the ((commission for vocational education)) work force training and education coordinating board, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter.


             NEW SECTION. Sec. 538. A new section is added to chapter 18.106 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate of competency under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of competency under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend any certificate of competency issued under this chapter if the holder of the certificate either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of competency shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             NEW SECTION. Sec. 539. A new section is added to chapter 18.130 RCW to read as follows:

             The disciplining authority shall immediately suspend the license of any person subject to this chapter who either (1) has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or (2) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order.


             Sec. 540. RCW 18.130.050 and 1995 c 336 s 4 are each amended to read as follows:

             The disciplining authority has the following authority:

             (1) To adopt, amend, and rescind such rules as are deemed necessary to carry out this chapter;

             (2) To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings as provided in this chapter;

             (3) To issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under this chapter;

             (4) To take or cause depositions to be taken and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this chapter;

             (5) To compel attendance of witnesses at hearings;

             (6) In the course of investigating a complaint or report of unprofessional conduct, to conduct practice reviews;

             (7) To take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice pending proceedings by the disciplining authority;

             (8) To use a presiding officer as authorized in RCW 18.130.095(3) or the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. The disciplining authority shall make the final decision regarding disposition of the license unless the disciplining authority elects to delegate in writing the final decision to the presiding officer;

             (9) To use individual members of the boards to direct investigations. However, the member of the board shall not subsequently participate in the hearing of the case;

             (10) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;

             (11) To contract with licensees or other persons or organizations to provide services necessary for the monitoring and supervision of licensees who are placed on probation, whose professional activities are restricted, or who are for any authorized purpose subject to monitoring by the disciplining authority;

             (12) To adopt standards of professional conduct or practice;

             (13) To grant or deny license applications, and in the event of a finding of unprofessional conduct by an applicant or license holder, to impose any sanction against a license applicant or license holder provided by this chapter;

             (14) To designate individuals authorized to sign subpoenas and statements of charges;

             (15) To establish panels consisting of three or more members of the board to perform any duty or authority within the board's jurisdiction under this chapter;

             (16) To review and audit the records of licensed health facilities' or services' quality assurance committee decisions in which a licensee's practice privilege or employment is terminated or restricted. Each health facility or service shall produce and make accessible to the disciplining authority the appropriate records and otherwise facilitate the review and audit. Information so gained shall not be subject to discovery or introduction into evidence in any civil action pursuant to RCW 70.41.200(3);

             (17) To immediately suspend the license of a person who either (a) has been certified by the department of social and health services as not in compliance with a support order as provided in section 502 of this act, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order.


             Sec. 541. RCW 18.130.120 and 1984 c 279 s 12 are each amended to read as follows:

             The department shall not issue any license to any person whose license has been denied, revoked, or suspended by the disciplining authority except in conformity with the terms and conditions of the certificate or order of denial, revocation, or suspension, or in conformity with any order of reinstatement issued by the disciplining authority, or in accordance with the final judgment in any proceeding for review instituted under this chapter.

             The department shall not issue a license to a person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act. The license may be issued after the person provides the department a written release from the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 542. RCW 18.130.150 and 1984 c 279 s 15 are each amended to read as follows:

             A person whose license has been suspended or revoked under this chapter may petition the disciplining authority for reinstatement after an interval as determined by the disciplining authority in the order. The disciplining authority shall hold hearings on the petition and may deny the petition or may order reinstatement and impose terms and conditions as provided in RCW 18.130.160 and issue an order of reinstatement. The disciplining authority may require successful completion of an examination as a condition of reinstatement.

             A person whose license has been suspended for noncompliance with a support order under section 502 of this act or for noncompliance with a residential or visitation order under chapter 26.09 RCW may petition for reinstatement at any time by providing the disciplining authority a written release issued by the department of social and health services or a court stating that the person is in compliance with the order. If the person has continued to meet all other requirements for reinstatement during the suspension, the disciplining authority shall automatically reissue the person's license upon receipt of the release, and payment of a reinstatement fee, if any.


             NEW SECTION. Sec. 543. A new section is added to chapter 18.140 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend any license or certificate issued under this chapter if the holder either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 544. RCW 18.145.080 and 1995 c 269 s 504 and 1995 c 27 s 8 are each reenacted and amended to read as follows:

              Except as provided in section 545 of this act, the department shall issue a certificate to any applicant who meets the standards established under this chapter and who:

             (1) Is holding one of the following:

             (a) Certificate of proficiency, registered professional reporter, registered merit reporter, or registered diplomate reporter from [the] national court reporters association;

             (b) Certificate of proficiency or certificate of merit from [the] national stenomask verbatim reporters association; or

             (c) A current Washington state court reporter certification; or

             (2) Has passed an examination approved by the director or an examination that meets or exceeds the standards established by the director.


             NEW SECTION. Sec. 545. A new section is added to chapter 18.145 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend any certificate issued under this chapter if the holder either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 546. RCW 18.160.080 and 1990 c 177 s 10 are each amended to read as follows:

             (1) The state director of fire protection may refuse to issue or renew or may suspend or revoke the privilege of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder to engage in the fire protection sprinkler system business or in lieu thereof, establish penalties as prescribed by Washington state law, for any of the following reasons:

             (a) Gross incompetency or gross negligence in the preparation of technical drawings, installation, repair, alteration, maintenance, inspection, service, or addition to fire protection sprinkler systems;

             (b) Conviction of a felony;

             (c) Fraudulent or dishonest practices while engaging in the fire protection sprinkler systems business;

             (d) Use of false evidence or misrepresentation in an application for a license or certificate of competency;

             (e) Permitting his or her license to be used in connection with the preparation of any technical drawings which have not been prepared by him or her personally or under his or her immediate supervision, or in violation of this chapter; or

             (f) Knowingly violating any provisions of this chapter or the regulations issued thereunder.

             (2) The state director of fire protection shall revoke the license of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder who engages in the fire protection sprinkler system business while the license or certificate of competency is suspended.

             (3) The state director of fire protection shall refuse to issue or immediately suspend any license or certificate issued under this chapter if the holder either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for issuance or reinstatement during the suspension, issuance or reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (4) Any licensee or certificate of competency holder who is aggrieved by an order of the state director of fire protection suspending or revoking a license may, within thirty days after notice of such suspension or revocation, appeal under chapter 34.05 RCW.


             Sec. 547. RCW 18.165.160 and 1995 c 277 s 34 are each amended to read as follows:

             The following acts are prohibited and constitute grounds for disciplinary action, assessing administrative penalties, or denial, suspension, or revocation of any license under this chapter, as deemed appropriate by the director:

             (1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;

             (2) Knowingly making a material misstatement or omission in the application for or renewal of a license or firearms certificate, including falsifying requested identification information;

             (3) Not meeting the qualifications set forth in RCW 18.165.030, 18.165.040, or 18.165.050;

             (4) Failing to return immediately on demand a firearm issued by an employer;

             (5) Carrying a firearm in the performance of his or her duties if not the holder of a valid armed private investigator license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her duties;

             (6) Failing to return immediately on demand company identification, badges, or other items issued to the private investigator by an employer;

             (7) Making any statement that would reasonably cause another person to believe that the private investigator is a sworn peace officer;

             (8) Divulging confidential information obtained in the course of any investigation to which he or she was assigned;

             (9) Acceptance of employment that is adverse to a client or former client and relates to a matter about which a licensee has obtained confidential information by reason of or in the course of the licensee's employment by the client;

             (10) Conviction of a gross misdemeanor or felony or the commission of any act involving moral turpitude, dishonesty, or corruption whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended;

             (11) Advertising that is false, fraudulent, or misleading;

             (12) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;

             (13) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

             (14) Failure to cooperate with the director by:

             (a) Not furnishing any necessary papers or documents requested by the director for purposes of conducting an investigation for disciplinary action, denial, suspension, or revocation of a license under this chapter;

             (b) Not furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with the department; or

             (c) Not responding to subpoenas issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding;

             (15) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the director;

             (16) Aiding or abetting an unlicensed person to practice if a license is required;

             (17) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

             (18) Failure to adequately supervise employees to the extent that the public health or safety is at risk;

             (19) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the director or the director's authorized representative, or by the use of threats or harassment against any client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

             (20) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.165.050;

             (21) Assisting a client to locate, trace, or contact a person when the investigator knows that the client is prohibited by any court order from harassing or contacting the person whom the investigator is being asked to locate, trace, or contact, as it pertains to domestic violence, stalking, or minor children;

             (22) Failure to maintain bond or insurance; ((or))

             (23) Failure to have a qualifying principal in place; or

             (24) Being certified as not in compliance with a support order as provided in section 502 of this act or not in compliance with a residential or visitation order under section 607 of this act.


             NEW SECTION. Sec. 548. A new section is added to chapter 18.165 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend a license issued under this chapter if the holder either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 549. RCW 18.170.170 and 1995 c 277 s 12 are each amended to read as follows:

             In addition to the provisions of section 550 of this act, the following acts are prohibited and constitute grounds for disciplinary action, assessing administrative penalties, or denial, suspension, or revocation of any license under this chapter, as deemed appropriate by the director:

             (1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;

             (2) Practicing fraud, deceit, or misrepresentation in any of the private security activities covered by this chapter;

             (3) Knowingly making a material misstatement or omission in the application for a license or firearms certificate;

             (4) Not meeting the qualifications set forth in RCW 18.170.030, 18.170.040, or 18.170.060;

             (5) Failing to return immediately on demand a firearm issued by an employer;

             (6) Carrying a firearm in the performance of his or her duties if not the holder of a valid armed private security guard license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her duties;

             (7) Failing to return immediately on demand any uniform, badge, or other item of equipment issued to the private security guard by an employer;

             (8) Making any statement that would reasonably cause another person to believe that the private security guard is a sworn peace officer;

             (9) Divulging confidential information that may compromise the security of any premises, or valuables shipment, or any activity of a client to which he or she was assigned;

             (10) Conviction of a gross misdemeanor or felony or the commission of any act involving moral turpitude, dishonesty, or corruption whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended;

             (11) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof;

             (12) Advertising that is false, fraudulent, or misleading;

             (13) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;

             (14) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

             (15) Failure to cooperate with the director by:

             (a) Not furnishing any necessary papers or documents requested by the director for purposes of conducting an investigation for disciplinary action, denial, suspension, or revocation of a license under this chapter;

             (b) Not furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with the department; or

             (c) Not responding to subpoenas issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding;

             (16) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the disciplining authority;

             (17) Aiding or abetting an unlicensed person to practice if a license is required;

             (18) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

             (19) Failure to adequately supervise employees to the extent that the public health or safety is at risk;

             (20) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the director or the director's authorized representative, or by the use of threats or harassment against a client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

             (21) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.170.060;

             (22) Failure to maintain insurance; and

             (23) Failure to have a qualifying principal in place.


             NEW SECTION. Sec. 550. A new section is added to chapter 18.170 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend any license issued under this chapter if the holder either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             NEW SECTION. Sec. 551. A new section is added to chapter 18.175 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of registration after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend a certificate of registration issued under this chapter if the holder either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             NEW SECTION. Sec. 552. A new section is added to chapter 18.185 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend any license issued under this chapter if the holder either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 553. RCW 43.20A.205 and 1989 c 175 s 95 are each amended to read as follows:

             This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department.

             (1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in ((an other)) another manner that shows proof of receipt.

             (2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.

             (a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.

             (b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.

             (c) When the department has received certification pursuant to either (i) chapter 74.20A RCW from the division of child support that the licensee is a person who is not in compliance with a support order or (ii) chapter 26.09 RCW by a court that the licensee is not in compliance with a residential or visitation order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

             (3) Except for licensees suspended for noncompliance with a support order under chapter 74.20A RCW or a residential or visitation order under chapter 26.09 RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

             (4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.

             (b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.


             NEW SECTION. Sec. 554. A new section is added to chapter 28A.410 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a certificate or permit under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate or permit after the person provides the authority authorized to grant the certificate or permit a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) Any certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be suspended by the authority authorized to grant the certificate or permit if (a) either the department of social and health services certifies that the person is not in compliance with a support order as provided in section 502 of this act or (b) a court certifies that the person is not in compliance with a residential or visitation order under chapter 26.09 RCW. If the person continues to meet other requirements for reinstatement during the suspension, reissuance of the certificate or permit shall be automatic after the person provides the authority a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 555. RCW 43.70.115 and 1991 c 3 s 377 are each amended to read as follows:

             This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department. This section does not govern actions taken under chapter 18.130 RCW.

             (1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in ((an other [another])) another manner that shows proof of receipt.

             (2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.

             (a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.

             (b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.

             (c) When the department has received certification pursuant to either (i) chapter 74.20A RCW from the department of social and health services that the licensee is a person who is not in compliance with a child support order or (ii) chapter 26.09 RCW from a court that the licensee is a person who is not in compliance with a residential or visitation order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

             (3) Except for licensees suspended for noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order under chapter 26.09 RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

             (4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.

             (b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.


             Sec. 556. RCW 19.28.120 and 1992 c 217 s 2 are each amended to read as follows:

             (1) It is unlawful for any person, firm, partnership, corporation, or other entity to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to convey electric current, or installing or maintaining equipment to be operated by electric current as it pertains to the electrical industry, without having an unrevoked, unsuspended, and unexpired electrical contractor license, issued by the department in accordance with this chapter. All electrical contractor licenses expire twenty-four calendar months following the day of their issue. The department may issue an electrical contractors license for a period of less than twenty-four months only for the purpose of equalizing the number of electrical contractor licenses which expire each month. Application for an electrical contractor license shall be made in writing to the department, accompanied by the required fee. The application shall state:

             (a) The name and address of the applicant; in case of firms or partnerships, the names of the individuals composing the firm or partnership; in case of corporations, the names of the managing officials thereof;

             (b) The location of the place of business of the applicant and the name under which the business is conducted;

             (c) Employer social security number;

             (d) As applicable: (i) The industrial insurance account number covering employees domiciled in Washington; and (ii) evidence of workers' compensation coverage in the applicant's state of domicile for the applicant's employees working in Washington who are not domiciled in Washington;

             (e) Employment security department number;

             (f) State excise tax registration number;

             (g) Unified business identifier (UBI) account number may be substituted for the information required by (d), (e), and (f) of this subsection; and

             (h) Whether a general or specialty electrical contractor license is sought and, if the latter, the type of specialty. Electrical contractor specialties include, but are not limited to: Residential, domestic appliances, pump and irrigation, limited energy system, signs, nonresidential maintenance, and a combination specialty. A general electrical contractor license shall grant to the holder the right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electric current, and installing or maintaining equipment, or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current, in the state of Washington. A specialty electrical contractor license shall grant to the holder a limited right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electrical current, and installing or maintaining equipment; or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current in the state of Washington as expressly allowed by the license.

             (2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(d) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington.

             (3) The application for a contractor license shall be accompanied by a bond in the sum of four thousand dollars with the state of Washington named as obligee in the bond, with good and sufficient surety, to be approved by the department. The bond shall at all times be kept in full force and effect, and any cancellation or revocation thereof, or withdrawal of the surety therefrom, suspends the license issued to the principal until a new bond has been filed and approved as provided in this section. Upon approval of a bond, the department shall on the next business day deposit the fee accompanying the application in the electrical license fund and shall file the bond in the office. The department shall upon request furnish to any person, firm, partnership, corporation, or other entity a certified copy of the bond upon the payment of a fee that the department shall set by rule. The fee shall cover but not exceed the cost of furnishing the certified copy. The bond shall be conditioned that in any installation or maintenance of wires or equipment to convey electrical current, and equipment to be operated by electrical current, the principal will comply with the provisions of this chapter and with any electrical ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(((2))) (3) that is in effect at the time of entering into a contract. The bond shall be conditioned further that the principal will pay for all labor, including employee benefits, and material furnished or used upon the work, taxes and contributions to the state of Washington, and all damages that may be sustained by any person, firm, partnership, corporation, or other entity due to a failure of the principal to make the installation or maintenance in accordance with this chapter or any applicable ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(((2))) (3). In lieu of the surety bond required by this section the license applicant may file with the department a cash deposit or other negotiable security acceptable to the department. If the license applicant has filed a cash deposit, the department shall deposit the funds in a special trust savings account in a commercial bank, mutual savings bank, or savings and loan association and shall pay annually to the depositor the interest derived from the account.

             (4) Except as provided in subsection (6) of this section, the department shall issue general or specialty electrical contractor licenses to applicants meeting all of the requirements of this chapter. The provisions of this chapter relating to the licensing of any person, firm, partnership, corporation, or other entity including the requirement of a bond with the state of Washington named as obligee therein and the collection of a fee therefor, are exclusive, and no political subdivision of the state of Washington may require or issue any licenses or bonds or charge any fee for the same or a similar purpose. No person, firm, partnership, corporation, or other entity holding more than one specialty contractor license under this chapter may be required to pay an annual fee for more than one such license or to post more than one four thousand dollar bond, equivalent cash deposit, or other negotiable security.

             (5) To obtain a general or specialty electrical contractor license the applicant must designate an individual who currently possesses an administrator's certificate as a general electrical contractor administrator or as a specialty electrical contractor administrator in the specialty for which application has been made. Administrator certificate specialties include but are not limited to: Residential, domestic, appliance, pump and irrigation, limited energy system, signs, nonresidential maintenance, and combination specialty. To obtain an administrator's certificate an individual must pass an examination as set forth in RCW 19.28.123 unless the applicant was a licensed electrical contractor at any time during 1974. Applicants who were electrical contractors licensed by the state of Washington at any time during 1974 are entitled to receive a general electrical contractor administrator's certificate without examination if the applicants apply prior to January 1, 1984. The board of electrical examiners shall certify to the department the names of all persons who are entitled to either a general or specialty electrical contractor administrator's certificate.

             (6) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 557. RCW 19.28.125 and 1988 c 81 s 6 are each amended to read as follows:

             (1) Each applicant for an electrical contractor's license, other than an individual, shall designate a supervisory employee or member of the firm to take the required administrator's examination. Effective July 1, 1987, a supervisory employee designated as the administrator shall be a full-time supervisory employee. This person shall be designated as administrator under the license. No person may qualify as administrator for more than one contractor. If the relationship of the administrator with the electrical contractor is terminated, the contractor's license is void within ninety days unless another administrator is qualified by the board. However, if the administrator dies, the contractor's license is void within one hundred eighty days unless another administrator is qualified by the board. A certificate issued under this section is valid for two years from the nearest birthdate of the administrator, unless revoked or suspended, and further is nontransferable. The certificate may be renewed for a two-year period without examination by appropriate application unless the certificate has been revoked, suspended, or not renewed within ninety days after the expiration date. If the certificate is not renewed before the expiration date, the individual shall pay twice the usual fee. An individual holding more than one administrator's certificate under this chapter shall not be required to pay annual fees for more than one certificate. A person may take the administrator's test as many times as necessary without limit.

             (2) The administrator shall:

             (a) Be a member of the firm or a supervisory employee and shall be available during working hours to carry out the duties of an administrator under this section;

             (b) Ensure that all electrical work complies with the electrical installation laws and rules of the state;

             (c) Ensure that the proper electrical safety procedures are used;

             (d) Ensure that all electrical labels, permits, and licenses required to perform electrical work are used;

             (e) See that corrective notices issued by an inspecting authority are complied with; and

             (f) Notify the department in writing within ten days if the administrator terminates the relationship with the electrical contractor.

             (3) The department shall not by rule change the administrator's duties under subsection (2) of this section.

             (4) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 558. RCW 19.28.310 and 1988 c 81 s 10 are each amended to read as follows:

             (1) The department has the power, in case of continued noncompliance with the provisions of this chapter, to revoke or suspend for such a period as it determines, any electrical contractor license or electrical contractor administrator certificate issued under this chapter. The department shall notify the holder of the license or certificate of the revocation or suspension by certified mail. A revocation or suspension is effective fifteen days after the holder receives the notice. Any revocation or suspension is subject to review by an appeal to the board. The filing of an appeal stays the effect of a revocation or suspension until the board makes its decision. The appeal shall be filed within fifteen days after notice of the revocation or suspension is given by certified mail sent to the address of the holder of the license or certificate as shown on the application for the license or certificate, and shall be effected by filing a written notice of appeal with the department, accompanied by a certified check for two hundred dollars, which shall be returned to the holder of the license or certificate if the decision of the department is not sustained by the board. The hearing shall be conducted in accordance with chapter 34.05 RCW. If the board sustains the decision of the department, the two hundred dollars shall be applied by the department to the payment of the per diem and expenses of the members of the board incurred in the matter, and any balance remaining after payment of per diem and expenses shall be paid into the electrical license fund.

             (2) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 559. RCW 19.28.550 and 1993 c 192 s 1 are each amended to read as follows:

             (1) Except as provided in subsection (5) of this section, the department shall issue a certificate of competency to all applicants who have passed the examination provided in RCW 19.28.540, and who have complied with RCW 19.28.510 through 19.28.620 and the rules adopted under this chapter. The certificate shall bear the date of issuance, and shall expire on October 31st or April 30th, not less than six months nor more than three years immediately following the date of issuance. The certificate shall be renewed every three years, upon application, on or before the holder's birthdate. A fee shall be assessed for each certificate and for each annual renewal.

             (2) If the certificate holder demonstrates to the department that he or she has satisfactorily completed an annual eight-hour continuing education course, the certificate may be renewed without examination by appropriate application unless the certificate has been revoked, suspended, or not renewed within ninety days after the expiration date.

             (a) The contents and requirements for satisfactory completion of the continuing education course shall be determined by the director and approved by the board.

             (b) The department shall accept proof of a certificate holder's satisfactory completion of a continuing education course offered in another state as meeting the requirements for maintaining a current Washington state certificate of competency if the department is satisfied the course is comparable in nature to that required in Washington state for maintaining a current certificate of competency.

             (3) If the certificate is not renewed before the expiration date, the individual shall pay twice the usual fee. The department shall set the fees by rule for issuance and renewal of a certificate of competency. The fees shall cover but not exceed the costs of issuing the certificates and of administering and enforcing the electrician certification requirements of this chapter.

             (4) The certificates of competency and temporary permits provided for in this chapter grant the holder the right to work in the electrical construction trade as a journeyman electrician or specialty electrician in accordance with their provisions throughout the state and within any of its political subdivisions without additional proof of competency or any other license, permit, or fee to engage in such work.

             (5) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 560. RCW 19.28.580 and 1988 c 81 s 15 are each amended to read as follows:

             (1) The department may revoke any certificate of competency upon the following grounds:

             (a) The certificate was obtained through error or fraud;

             (b) The holder thereof is judged to be incompetent to work in the electrical construction trade as a journeyman electrician or specialty electrician;

             (c) The holder thereof has violated any of the provisions of RCW 19.28.510 through 19.28.620 or any rule adopted under this chapter.

             (2) Before any certificate of competency shall be revoked, the holder shall be given written notice of the department's intention to do so, mailed by registered mail, return receipt requested, to the holder's last known address. The notice shall enumerate the allegations against the holder, and shall give the holder the opportunity to request a hearing before the board. At the hearing, the department and the holder may produce witnesses and give testimony. The hearing shall be conducted in accordance with chapter 34.05 RCW. The board shall render its decision based upon the testimony and evidence presented, and shall notify the parties immediately upon reaching its decision. A majority of the board shall be necessary to render a decision.

             (3) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 561. RCW 19.30.030 and 1985 c 280 s 3 are each amended to read as follows:

             The director shall not issue to any person a license to act as a farm labor contractor until:

             (1) Such person has executed a written application on a form prescribed by the director, subscribed and sworn to by the applicant, and containing (a) a statement by the applicant of all facts required by the director concerning the applicant's character, competency, responsibility, and the manner and method by which he or she proposes to conduct operations as a farm labor contractor if such license is issued, and (b) the names and addresses of all persons financially interested, either as partners, stockholders, associates, profit sharers, or providers of board or lodging to agricultural employees in the proposed operation as a labor contractor, together with the amount of their respective interests;

             (2) The director, after investigation, is satisfied as to the character, competency, and responsibility of the applicant;

             (3) The applicant has paid to the director a license fee of: (1) Thirty-five dollars in the case of a farm labor contractor not engaged in forestation or reforestation, or (2) one hundred dollars in the case of a farm labor contractor engaged in forestation or reforestation or such other sum as the director finds necessary, and adopts by rule, for the administrative costs of evaluating applications;

             (4) The applicant has filed proof satisfactory to the director of the existence of a policy of insurance with any insurance carrier authorized to do business in the state of Washington in an amount satisfactory to the director, which insures the contractor against liability for damage to persons or property arising out of the contractor's operation of, or ownership of, any vehicle or vehicles for the transportation of individuals in connection with the contractor's business, activities, or operations as a farm labor contractor;

             (5) The applicant has filed a surety bond or other security which meets the requirements set forth in RCW 19.30.040;

             (6) The applicant executes a written statement which shall be subscribed and sworn to and shall contain the following declaration:

             "With regards to any action filed against me concerning my activities as a farm labor contractor, I appoint the director of the Washington department of labor and industries as my lawful agent to accept service of summons when I am not present in the jurisdiction in which the action is commenced or have in any other way become unavailable to accept service"; and

             (7) The applicant has stated on his or her application whether or not his or her contractor's license or the license of any of his or her agents, partners, associates, stockholders, or profit sharers has ever been suspended, revoked, or denied by any state or federal agency, and whether or not there are any outstanding judgments against him or her or any of his or her agents, partners, associates, stockholders, or profit sharers in any state or federal court arising out of activities as a farm labor contractor.

             (8) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 562. RCW 19.30.060 and 1985 c 280 s 6 are each amended to read as follows:

             Any person may protest the grant or renewal of a license under this section. The director may revoke, suspend, or refuse to issue or renew any license when it is shown that:

             (1) The farm labor contractor or any agent of the contractor has violated or failed to comply with any of the provisions of this chapter;

             (2) The farm labor contractor has made any misrepresentations or false statements in his or her application for a license;

             (3) The conditions under which the license was issued have changed or no longer exist;

             (4) The farm labor contractor, or any agent of the contractor, has violated or wilfully aided or abetted any person in the violation of, or failed to comply with, any law of the state of Washington regulating employment in agriculture, the payment of wages to farm employees, or the conditions, terms, or places of employment affecting the health and safety of farm employees, which is applicable to the business activities, or operations of the contractor in his or her capacity as a farm labor contractor;

             (5) The farm labor contractor or any agent of the contractor has in recruiting farm labor solicited or induced the violation of any then existing contract of employment of such laborers; or

             (6) The farm labor contractor or any agent of the contractor has an unsatisfied judgment against him or her in any state or federal court, arising out of his or her farm labor contracting activities.

             The director shall immediately suspend the license or certificate of a person who either has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 563. RCW 19.16.110 and 1994 c 195 s 2 are each amended to read as follows:

             No person shall act, assume to act, or advertise as a collection agency or out-of-state collection agency as defined in this chapter, except as authorized by this chapter, without first having applied for and obtained a license from the director.

             Nothing contained in this section shall be construed to require a regular employee of a collection agency or out-of-state collection agency duly licensed under this chapter to procure a collection agency license.

             No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 564. RCW 19.16.120 and 1994 c 195 s 3 are each amended to read as follows:

             In addition to other provisions of this chapter, any license issued pursuant to this chapter or any application therefor may be denied, not renewed, revoked, or suspended, or in lieu of or in addition to suspension a licensee may be assessed a civil, monetary penalty in an amount not to exceed one thousand dollars:

             (1) If an individual applicant or licensee is less than eighteen years of age or is not a resident of this state.

             (2) If an applicant or licensee is not authorized to do business in this state.

             (3) If the application or renewal forms required by this chapter are incomplete, fees required under RCW 19.16.140 and 19.16.150, if applicable, have not been paid, and the surety bond or cash deposit or other negotiable security acceptable to the director required by RCW 19.16.190, if applicable, has not been filed or renewed or is canceled.

             (4) If any individual applicant, owner, officer, director, or managing employee of a nonindividual applicant or licensee:

             (a) Shall have knowingly made a false statement of a material fact in any application for a collection agency license or an out-of-state collection agency license or renewal thereof, or in any data attached thereto and two years have not elapsed since the date of such statement;

             (b) Shall have had a license to engage in the business of a collection agency or out-of-state collection agency denied, not renewed, suspended, or revoked by this state, any other state, or foreign country, for any reason other than the nonpayment of licensing fees or failure to meet bonding requirements: PROVIDED, That the terms of this subsection shall not apply if:

             (i) Two years have elapsed since the time of any such denial, nonrenewal, or revocation; or

             (ii) The terms of any such suspension have been fulfilled;

             (c) Has been convicted in any court of any felony involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and is incarcerated for that offense or five years have not elapsed since the date of such conviction;

             (d) Has had any judgment entered against him in any civil action involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and five years have not elapsed since the date of the entry of the final judgment in said action: PROVIDED, That in no event shall a license be issued unless the judgment debt has been discharged;

             (e) Has had his license to practice law suspended or revoked and two years have not elapsed since the date of such suspension or revocation, unless he has been relicensed to practice law in this state;

             (f) Has had any judgment entered against him or it under the provisions of RCW 19.86.080 or 19.86.090 involving a violation or violations of RCW 19.86.020 and two years have not elapsed since the entry of the final judgment: PROVIDED, That in no event shall a license be issued unless the terms of such judgment, if any, have been fully complied with: PROVIDED FURTHER, That said judgment shall not be grounds for denial, suspension, nonrenewal, or revocation of a license unless the judgment arises out of and is based on acts of the applicant, owner, officer, director, managing employee, or licensee while acting for or as a collection agency or an out-of-state collection agency;

             (g) Has petitioned for bankruptcy, and two years have not elapsed since the filing of said petition;

             (h) Shall be insolvent in the sense that his or its liabilities exceed his or its assets or in the sense that he or it cannot meet his or its obligations as they mature;

             (i) Has failed to pay any civil, monetary penalty assessed in accordance with RCW 19.16.351 or 19.16.360 within ten days after the assessment becomes final;

             (j) Has knowingly failed to comply with, or violated any provisions of this chapter or any rule or regulation issued pursuant to this chapter, and two years have not elapsed since the occurrence of said noncompliance or violation; or

             (k) Has been found by a court of competent jurisdiction to have violated the federal fair debt collection practices act, 15 U.S.C. Sec. 1692 et seq., or the Washington state consumer protection act, chapter 19.86 RCW, and two years have not elapsed since that finding.

             Except as otherwise provided in this section, any person who is engaged in the collection agency business as of January 1, 1972 shall, upon filing the application, paying the fees, and filing the surety bond or cash deposit or other negotiable security in lieu of bond required by this chapter, be issued a license ((hereunder)) under this chapter.

             The director shall immediately suspend the license or certificate of a person who either has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 565. RCW 19.31.100 and 1993 c 499 s 4 are each amended to read as follows:

             (1) Every applicant for an employment agency's license or a renewal thereof shall file with the director a written application stating the name and address of the applicant; the street and number of the building in which the business of the employment agency is to be conducted; the name of the person who is to have the general management of the office; the name under which the business of the office is to be carried on; whether or not the applicant is pecuniarily interested in the business to be carried on under the license; shall be signed by the applicant and sworn to before a notary public; and shall identify anyone holding over twenty percent interest in the agency. If the applicant is a corporation, the application shall state the names and addresses of the officers and directors of the corporation, and shall be signed and sworn to by the president and secretary thereof. If the applicant is a partnership, the application shall also state the names and addresses of all partners therein, and shall be signed and sworn to by all of them. The application shall also state whether or not the applicant is, at the time of making the application, or has at any previous time been engaged in or interested in or employed by anyone engaged in the business of an employment agency.

             (2) The application shall require a certification that no officer or holder of more than twenty percent interest in the business has been convicted of a felony within ten years of the application which directly relates to the business for which the license is sought, or had any judgment entered against such person in any civil action involving fraud, misrepresentation, or conversion.

             (3) All applications for employment agency licenses shall be accompanied by a copy of the form of contract and fee schedule to be used between the employment agency and the applicant.

             (4) No license to operate an employment agency in this state shall be issued, transferred, renewed, or remain in effect, unless the person who has or is to have the general management of the office has qualified pursuant to this section. The director may, for good cause shown, waive the requirement imposed by this section for a period not to exceed one hundred and twenty days. Persons who have been previously licensed or who have operated to the satisfaction of the director for at least one year prior to September 21, 1977 as a general manager shall be entitled to operate for up to one year from such date before being required to qualify under this section. In order to qualify, such person shall, through testing procedures developed by the director, show that such person has a knowledge of this law, pertinent labor laws, and laws against discrimination in employment in this state and of the United States. Said examination shall be given at least once each quarter and a fee for such examination shall be established by the director. Nothing in this chapter shall be construed to preclude any one natural person from being designated as the person who is to have the general management of up to three offices operated by any one licensee.

             While employment directories may at the director's discretion be required to show that the person has a knowledge of this chapter, employment directories are exempt from testing on pertinent labor laws, and laws against discrimination in employment in this state and of the United States.

             (5) Employment directories shall register with the department and meet all applicable requirements of this chapter but shall not be required to be licensed by the department or pay a licensing fee.

             (6) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 566. RCW 19.31.130 and 1969 ex.s. c 228 s 13 are each amended to read as follows:

             (1) In accordance with the provisions of chapter 34.05 RCW as now or as hereafter amended, the director may by order deny, suspend or revoke the license of any employment agency if he finds that the applicant or licensee:

             (((1))) (a) Was previously the holder of a license issued under this chapter, which was revoked for cause and never reissued by the director, or which license was suspended for cause and the terms of the suspension have not been fulfilled;

             (((2))) (b) Has been found guilty of any felony within the past five years involving moral turpitude, or for any misdemeanor concerning fraud or conversion, or suffering any judgment in any civil action involving wilful fraud, misrepresentation or conversion;

             (((3))) (c) Has made a false statement of a material fact in his application or in any data attached thereto;

             (((4))) (d) Has violated any provisions of this chapter, or failed to comply with any rule or regulation issued by the director pursuant to this chapter.

             (2) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 567. RCW 19.32.040 and 1982 c 182 s 32 are each amended to read as follows:

             (1) No person hereafter shall engage within this state in the business of owning, operating or offering the services of any refrigerated locker or lockers without having obtained a license for each such place of business. Application for such license shall be made through the master license system. Except as provided in subsection (2) of this section, such licenses shall be granted as a matter of right unless conditions exist which are grounds for a cancellation or revocation of a license as hereinafter set forth.

             (2) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 568. RCW 19.32.060 and 1943 c 117 s 5 are each amended to read as follows:

             (1) The director of agriculture may cancel or suspend any such license if he finds after proper investigation that (a) the licensee has violated any provision of this chapter or of any other law of this state relating to the operation of refrigerated lockers or of the sale of any human food in connection therewith, or any regulation effective under any act the administration of which is in the charge of the department of agriculture, or (b) the licensed refrigerated locker premises or any equipment used therein or in connection therewith is in an unsanitary condition and the licensee has failed or refused to remedy the same within ten days after receipt from the director of agriculture of written notice to do so.

             (2) No license shall be revoked or suspended by the director without delivery to the licensee of a written statement of the charge involved and an opportunity to answer such charge within ten days from the date of such notice.

             (3) Any order made by the director suspending or revoking any license may be reviewed by certiorari in the superior court of the county in which the licensed premises are located, within ten days from the date notice in writing of the director's order revoking or suspending such license has been served upon him.

             (4) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 569. RCW 19.105.330 and 1988 c 159 s 5 are each amended to read as follows:

             (([(1)])) (1) Unless an order denying effectiveness under RCW 19.105.380 is in effect, or unless declared effective by order of the director prior thereto, the application for registration shall automatically become effective upon the expiration of the twentieth full business day following a filing with the director in complete and proper form, but an applicant may consent to the delay of effectiveness until such time as the director may by order declare registration effective or issue a permit to market.

             (2) An application for registration, renewal of registration, or amendment is not in completed form and shall not be deemed a statutory filing until such time as all required fees, completed application forms, and the information and documents required pursuant to RCW 19.105.320(1) and departmental rules have been filed.

             It is the operator's responsibility to see that required filing materials and fees arrive at the appropriate mailing address of the department. Within seven business days, excluding the date of receipt, of receiving an application or initial request for registration and the filing fees, the department shall notify the applicant of receipt of the application and whether or not the application is complete and in proper form. If the application is incomplete, the department shall at the same time inform the applicant what additional documents or information is required.

             If the application is not in a completed form, the department shall give immediate notice to the applicant. On the date the application is complete and properly filed, the statutory period for an in-depth examination of the filing, prescribed in subsection (1) of this section, shall begin to run, unless the applicant and the department have agreed to a stay of effectiveness or the department has issued a denial of the application or a permit to market.

             (3) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 570. RCW 19.105.380 and 1988 c 159 s 14 are each amended to read as follows:

             (1) A registration or an application for registration of camping resort contracts or renewals thereof may by order be denied, suspended, or revoked if the director finds that:

             (a) The advertising, sales techniques, or trade practices of the applicant, registrant, or its affiliate or agent have been or are deceptive, false, or misleading;

             (b) The applicant or registrant has failed to file copies of the camping resort contract form under RCW 19.105.360;

             (c) The applicant, registrant, or affiliate has failed to comply with any provision of this chapter, the rules adopted or the conditions of a permit granted under this chapter, or a stipulation or final order previously entered into by the operator or issued by the department under this chapter;

             (d) The applicant's, registrant's, or affiliate's offering of camping resort contracts has worked or would work a fraud upon purchasers or owners of camping resort contracts;

             (e) The camping resort operator or any officer, director, or affiliate of the camping resort operator has been within the last five years convicted of or pleaded nolo contendre to any misdemeanor or felony involving conversion, embezzlement, theft, fraud, or dishonesty, has been enjoined from or had any civil penalty assessed for a finding of dishonest dealing or fraud in a civil suit, or been found to have engaged in any violation of any act designed to protect consumers, or has been engaged in dishonest practices in any industry involving sales to consumers;

             (f) The applicant or registrant has represented or is representing to purchasers in connection with the offer or sale of a camping resort contract that a camping resort property, facility, amenity camp site, or other development is planned, promised, or required, and the applicant or registrant has not provided the director with a security or assurance of performance as required by this chapter;

             (g) The applicant or registrant has not provided or is no longer providing the director with the necessary security arrangements to assure future availability of titles or properties as required by this chapter or agreed to in the permit to market;

             (h) The applicant or registrant is or has been employing unregistered salespersons or offering or proposing a membership referral program not in compliance with this chapter;

             (i) The applicant or registrant has breached any escrow, impound, reserve account, or trust arrangement or the conditions of an order or permit to market required by this chapter;

             (j) The applicant or registrant has breached any stipulation or order entered into in settlement of the department's filing of a previous administrative action;

             (k) The applicant or registrant has filed or caused to be filed with the director any document or affidavit, or made any statement during the course of a registration or exemption procedure with the director, that is materially untrue or misleading;

             (l) The applicant or registrant has engaged in a practice of failing to provide the written disclosures to purchasers or prospective purchasers as required under this chapter;

             (m) The applicant, registrant, or any of its officers, directors, or employees, if the operator is other than a natural person, have wilfully done, or permitted any of their salespersons or agents to do, any of the following:

             (i) Engage in a pattern or practice of making untrue or misleading statements of a material fact, or omitting to state a material fact;

             (ii) Employ any device, scheme, or artifice to defraud purchasers or members;

             (iii) Engage in a pattern or practice of failing to provide the written disclosures to purchasers or prospective purchasers as required under this chapter;

             (n) The applicant or registrant has failed to provide a bond, letter of credit, or other arrangement to assure delivery of promised gifts, prizes, awards, or other items of consideration, as required under this chapter, breached such a security arrangement, or failed to maintain such a security arrangement in effect because of a resignation or loss of a trustee, impound, or escrow agent;

             (o) The applicant or registrant has engaged in a practice of selling contracts using material amendments or codicils that have not been filed or are the consequences of breaches or alterations in previously filed contracts;

             (p) The applicant or registrant has engaged in a practice of selling or proposing to sell contracts in a ratio of contracts to sites available in excess of that filed in the affidavit required by this chapter;

             (q) The camping resort operator has withdrawn, has the right to withdraw, or is proposing to withdraw from use all or any portion of any camping resort property devoted to the camping resort program, unless:

             (i) Adequate provision has been made to provide within a reasonable time thereafter a substitute property in the same general area that is at least as desirable for the purpose of camping and outdoor recreation;

             (ii) The property is withdrawn because, despite good faith efforts by the camping resort operator, a nonaffiliate of the camping resort has exercised a right of withdrawal from use by the camping resort (such as withdrawal following expiration of a lease of the property to the camping resort) and the terms of the withdrawal right have been disclosed in writing to all purchasers at or prior to the time of any sales of camping resort contracts after the camping resort has represented to purchasers that the property is or will be available for camping or recreation purposes;

             (iii) The specific date upon which the withdrawal becomes effective has been disclosed in writing to all purchasers and members prior to the time of any sales of camping resort contracts after the camping resort has represented to purchasers that the property is or will be available for camping or recreation purposes;

             (iv) The rights of members and owners of the camping resort contracts under the express terms of the camping resort contract have expired, or have been specifically limited, upon the lapse of a stated or determinable period of time, and the director by order has found that the withdrawal is not otherwise inconsistent with the protection of purchasers or the desire of the majority of the owners of camping resort contracts, as expressed in their previously obtained vote of approval;

             (r) The format, form, or content of the written disclosures provided therein is not complete, full, or materially accurate, or statements made therein are materially false, misleading, or deceptive;

             (s) The applicant or registrant has failed or declined to respond to any subpoena lawfully issued and served by the department under this chapter;

             (t) The applicant or registrant has failed to file an amendment for a material change in the manner or at the time required under this chapter or its implementing rules;

             (u) The applicant or registrant has filed voluntarily or been placed involuntarily into a federal bankruptcy or is proposing to do so; or

             (v) A camping resort operator's rights or interest in a campground has been terminated by foreclosure or the operations in a camping resort have been terminated in a manner contrary to contract provisions.

             (2) Any applicant or registrant who has violated subsection (1)(a), (b), (c), (f), (h), (i), (j), (l), (m), or (n) of this section may be fined by the director in an amount not to exceed one thousand dollars for each such violation. Proceedings seeking such fines shall be held in accordance with chapter 34.05 RCW and may be filed either separately or in conjunction with other administrative proceedings to deny, suspend, or revoke registrations authorized under this chapter. Fines collected from such proceedings shall be deposited in the state general fund.

             (3) An operator, registrant, or applicant against whom administrative or legal proceedings have been filed shall be responsible for and shall reimburse the state, by payment into the general fund, for all administrative and legal costs actually incurred by the department in issuing, processing, and conducting any such administrative or legal proceeding authorized under this chapter that results in a final legal or administrative determination of any type or degree in favor of the department.

             (4) No order may be entered under this section without appropriate prior notice to the applicant or registrant of opportunity for a hearing and written findings of fact and conclusions of law, except that the director may by order summarily deny an application for registration or renewal under any of the above subsections and may summarily suspend or revoke a registration under subsection (1)(d), (f), (g), (h), (i), (k), (l), (m), and (n) of this section. No fine may be imposed by summary order.

             (5) The proceedings to deny an application or renewal, suspend or revoke a registration or permit, whether summarily or otherwise, or impose a fine shall be held in accordance with chapter 34.05 RCW.

             (6) The director may enter into assurances of discontinuance in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing under this chapter. The assurances shall consist of a statement of the law in question and an agreement not to violate the stated provision. The applicant or registrant shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violating or breaching an assurance under this subsection is grounds for suspension or revocation of registration or imposition of a fine.

             (7) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 571. RCW 19.105.440 and 1988 c 159 s 21 are each amended to read as follows:

             (1) A salesperson may apply for registration by filing in a complete and readable form with the director an application form provided by the director which includes the following:

             (a) A statement whether or not the applicant within the past five years has been convicted of, pleaded nolo contendre to, or been ordered to serve probation for a period of a year or more for any misdemeanor or felony involving conversion, embezzlement, theft, fraud, or dishonesty or the applicant has been enjoined from, had any civil penalty assessed for, or been found to have engaged in any violation of any act designed to protect consumers;

             (b) A statement fully describing the applicant's employment history for the past five years and whether or not any termination of employment during the last five years was the result of any theft, fraud, or act of dishonesty;

             (c) A consent to service comparable to that required of operators under this chapter; and

             (d) Required filing fees.

             (2) The director may by order deny, suspend, or revoke a camping resort salesperson's registration or application for registration under this chapter or the person's license or application under chapter 18.85 RCW, or impose a fine on such persons not exceeding two hundred dollars per violation, if the director finds that the order is necessary for the protection of purchasers or owners of camping resort contracts and the applicant or registrant is guilty of:

             (a) Obtaining registration by means of fraud, misrepresentation, or concealment, or through the mistake or inadvertence of the director;

             (b) Violating any of the provisions of this chapter or any lawful rules adopted by the director pursuant thereto;

             (c) Being convicted in a court of competent jurisdiction of this or any other state, or federal court, of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, or any similar offense or offenses. For the purposes of this section, "being convicted" includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction, and all proceedings in which the sentence has been deferred or suspended;

             (d) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication, or distribution of false statements, descriptions, or promises of such character as to reasonably induce any person to act thereon, if the statements, descriptions, or promises purport to be made or to be performed by either the applicant or registrant and the applicant or registrant then knew or, by the exercise of reasonable care and inquiry, could have known, of the falsity of the statements, descriptions, or promises;

             (e) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relies upon the work, representation, or conduct of the applicant or registrant;

             (f) Failing, upon demand, to disclose to the director or the director's authorized representatives acting by authority of law any information within his or her knowledge or to produce for inspection any document, book or record in his or her possession, which is material to the salesperson's registration or application for registration;

             (g) Continuing to sell camping resort contracts in a manner whereby the interests of the public are endangered, if the director has, by order in writing, stated objections thereto;

             (h) Committing any act of fraudulent or dishonest dealing or a crime involving moral turpitude, and a certified copy of the final holding of any court of competent jurisdiction in such matter shall be conclusive evidence in any hearing under this chapter;

             (i) Misrepresentation of membership in any state or national association; or

             (j) Discrimination against any person in hiring or in sales activity on the basis of race, color, creed, or national origin, or violating any state or federal antidiscrimination law.

             (3) No order may be entered under this section without appropriate prior notice to the applicant or registrant of opportunity for a hearing and written findings of fact and conclusions of law, except that the director may by order summarily deny an application for registration under this section.

             (4) The proceedings to deny an application or renewal, suspend or revoke a registration or permit, whether summarily or otherwise, or impose a fine shall be held in accordance with chapter 34.05 RCW.

             (5) The director, subsequent to any complaint filed against a salesperson or pursuant to an investigation to determine violations, may enter into stipulated assurances of discontinuances in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement not to violate the stated provision. The salesperson shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violation of an assurance under this subsection is grounds for a disciplinary action, a suspension of registration, or a fine not to exceed one thousand dollars.

             (6) The director may by rule require such further information or conditions for registration as a camping resort salesperson, including qualifying examinations and fingerprint cards prepared by authorized law enforcement agencies, as the director deems necessary to protect the interests of purchasers.

             (7) Registration as a camping resort salesperson shall be effective for a period of one year unless the director specifies otherwise or the salesperson transfers employment to a different registrant. Registration as a camping resort salesperson shall be renewed annually, or at the time of transferring employment, whichever occurs first, by the filing of a form prescribed by the director for that purpose.

             (8) It is unlawful for a registrant of camping resort contracts to employ or a person to act as a camping resort salesperson covered under this section unless the salesperson has in effect with the department and displays a valid registration in a conspicuous location at each of the sales offices at which the salesperson is employed. It is the responsibility of both the operator and the salesperson to notify the department when and where a salesperson is employed, his or her responsibilities and duties, and when the salesperson's employment or reported duties are changed or terminated.

             (9) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (10) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 572. RCW 19.138.130 and 1994 c 237 s 6 are each amended to read as follows:

             (1) The director may deny, suspend, or revoke the registration of a seller of travel if the director finds that the applicant:

             (a) Was previously the holder of a registration issued under this chapter, and the registration was revoked for cause and never reissued by the director, or the registration was suspended for cause and the terms of the suspension have not been fulfilled;

             (b) Has been found guilty of a felony within the past five years involving moral turpitude, or of a misdemeanor concerning fraud or conversion, or suffers a judgment in a civil action involving willful fraud, misrepresentation, or conversion;

             (c) Has made a false statement of a material fact in an application under this chapter or in data attached to it;

             (d) Has violated this chapter or failed to comply with a rule adopted by the director under this chapter;

             (e) Has failed to display the registration as provided in this chapter;

             (f) Has published or circulated a statement with the intent to deceive, misrepresent, or mislead the public;

             (g) Has committed a fraud or fraudulent practice in the operation and conduct of a travel agency business, including, but not limited to, intentionally misleading advertising; or

             (h) Has aided or abetted a person, firm, or corporation that they know has not registered in this state in the business of conducting a travel agency or other sale of travel.

             (2) If the seller of travel is found in violation of this chapter or in violation of the consumer protection act, chapter 19.86 RCW, by the entry of a judgment or by settlement of a claim, the director may revoke the registration of the seller of travel, and the director may reinstate the registration at the director's discretion.

             (3) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (4) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 573. RCW 19.158.050 and 1989 c 20 s 5 are each amended to read as follows:

             (1) In order to maintain or defend a lawsuit or do any business in this state, a commercial telephone solicitor must be registered with the department of licensing. Prior to doing business in this state, a commercial telephone solicitor shall register with the department of licensing. Doing business in this state includes both commercial telephone solicitation from a location in Washington and solicitation of purchasers located in Washington.

             (2) The department of licensing, in registering commercial telephone solicitors, shall have the authority to require the submission of information necessary to assist in identifying and locating a commercial telephone solicitor, including past business history, prior judgments, and such other information as may be useful to purchasers.

             (3) The department of licensing shall issue a registration number to the commercial telephone solicitor.

             (4) It is a violation of this chapter for a commercial telephone solicitor to:

             (a) Fail to maintain a valid registration;

             (b) Advertise that one is registered as a commercial telephone solicitor or to represent that such registration constitutes approval or endorsement by any government or governmental office or agency;

             (c) Provide inaccurate or incomplete information to the department of licensing when making a registration application; or

             (d) Represent that a person is registered or that such person has a valid registration number when such person does not.

             (5) An annual registration fee shall be assessed by the department of licensing, the amount of which shall be determined at the discretion of the director of the department of licensing, and which shall be reasonably related to the cost of administering the provisions of this chapter.

             (6) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (7) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 574. RCW 19.166.040 and 1995 c 60 s 2 are each amended to read as follows:

             (1) An application for registration as an international student exchange visitor placement organization shall be submitted in the form prescribed by the secretary of state. The application shall include:

             (a) Evidence that the organization meets the standards established by the secretary of state under RCW 19.166.050;

             (b) The name, address, and telephone number of the organization, its chief executive officer, and the person within the organization who has primary responsibility for supervising placements within the state;

             (c) The organization's unified business identification number, if any;

             (d) The organization's United States Information Agency number, if any;

             (e) Evidence of council on standards for international educational travel listing, if any;

             (f) Whether the organization is exempt from federal income tax; and

             (g) A list of the organization's placements in Washington for the previous academic year including the number of students placed, their home countries, the school districts in which they were placed, and the length of their placements.

             (2) The application shall be signed by the chief executive officer of the organization and the person within the organization who has primary responsibility for supervising placements within Washington. If the secretary of state determines that the application is complete, the secretary of state shall file the application and the applicant is registered.

             (3) International student exchange visitor placement organizations that have registered shall inform the secretary of state of any changes in the information required under subsection (1) of this section within thirty days of the change.

             (4) Registration shall be renewed annually as established by rule by the office of the secretary of state.

             (5) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (6) The office of the secretary of state shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the office of the secretary of state's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 575. A new section is added to chapter 20.01 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 576. RCW 21.20.070 and 1981 c 272 s 2 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, if no denial order is in effect and no proceeding is pending under RCW 21.20.110, registration becomes effective when the applicant has successfully passed a written examination as prescribed by rule or order of the director with the advice of the advisory committee, or has satisfactorily demonstrated that the applicant is exempt from the written examination requirements of this section.

             (2) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 577. RCW 21.20.110 and 1994 c 256 s 10 are each amended to read as follows:

             The director may by order deny, suspend, or revoke registration of any broker-dealer, salesperson, investment adviser representative, or investment adviser; censure or fine the registrant or an officer, director, partner, or person occupying similar functions for a registrant; or restrict or limit a registrant's function or activity of business for which registration is required in this state; if the director finds that the order is in the public interest and that the applicant or registrant or, in the case of a broker-dealer or investment adviser, any partner, officer, or director:

             (1) Has filed an application for registration under this section which, as of its effective date, or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained any statement which was, in the light of the circumstances under which it was made, false, or misleading with respect to any material fact;

             (2) Has willfully violated or willfully failed to comply with any provision of this chapter or a predecessor act or any rule or order under this chapter or a predecessor act, or any provision of chapter 21.30 RCW or any rule or order thereunder;

             (3) Has been convicted, within the past five years, of any misdemeanor involving a security, or a commodity contract or commodity option as defined in RCW 21.30.010, or any aspect of the securities or investment commodities business, or any felony involving moral turpitude;

             (4) Is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the securities or investment commodities business;

             (5) Is the subject of an order of the director denying, suspending, or revoking registration as a broker-dealer, salesperson, investment adviser, or investment adviser representative;

             (6) Is the subject of an order entered within the past five years by the securities administrator of any other state or by the federal securities and exchange commission denying or revoking registration as a broker-dealer or salesperson, or a commodity broker-dealer or sales representative, or the substantial equivalent of those terms as defined in this chapter or by the commodity futures trading commission denying or revoking registration as a commodity merchant as defined in RCW 21.30.010, or is the subject of an order of suspension or expulsion from membership in or association with a self-regulatory organization registered under the securities exchange act of 1934 or the federal commodity exchange act, or is the subject of a United States post office fraud order; but (a) the director may not institute a revocation or suspension proceeding under this clause more than one year from the date of the order relied on, and (b) the director may not enter any order under this clause on the basis of an order unless that order was based on facts which would currently constitute a ground for an order under this section;

             (7) Has engaged in dishonest or unethical practices in the securities or investment commodities business;

             (8) Is insolvent, either in the sense that his or her liabilities exceed his or her assets or in the sense that he or she cannot meet his or her obligations as they mature; but the director may not enter an order against a broker-dealer or investment adviser under this clause without a finding of insolvency as to the broker-dealer or investment adviser;

             (9) Has not complied with a condition imposed by the director under RCW 21.20.100, or is not qualified on the basis of such factors as training, experience, or knowledge of the securities business; or

             (10)(a) Has failed to supervise reasonably a salesperson or an investment adviser representative. For the purposes of this subsection, no person fails to supervise reasonably another person, if:

             (i) There are established procedures, and a system for applying those procedures, that would reasonably be expected to prevent and detect, insofar as practicable, any violation by another person of this chapter, or a rule or order under this chapter; and

             (ii) The supervising person has reasonably discharged the duties and obligations required by these procedures and system without reasonable cause to believe that another person was violating this chapter or rules or orders under this chapter.

             (b) The director may issue a summary order pending final determination of a proceeding under this section upon a finding that it is in the public interest and necessary or appropriate for the protection of investors. The director may not impose a fine under this section except after notice and opportunity for hearing. The fine imposed under this section may not exceed five thousand dollars for each act or omission that constitutes the basis for issuing the order.

             The director shall immediately suspend the license or certificate of a person who either has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 578. A new section is added to chapter 48.17 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The commissioner shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the commissioner's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 579. A new section is added to chapter 74.15 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The secretary shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the secretary's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 580. A new section is added to chapter 47.68 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 581. A new section is added to chapter 71.12 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department of health shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department of health's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 582. RCW 66.20.320 and 1995 c 51 s 4 are each amended to read as follows:

             (1) The board shall regulate a required alcohol server education program that includes:

             (a) Development of the curriculum and materials for the education program;

             (b) Examination and examination procedures;

             (c) Certification procedures, enforcement policies, and penalties for education program instructors and providers;

             (d) The curriculum for an approved class 12 alcohol permit training program that includes but is not limited to the following subjects:

             (i) The physiological effects of alcohol including the effects of alcohol in combination with drugs;

             (ii) Liability and legal information;

             (iii) Driving while intoxicated;

             (iv) Intervention with the problem customer, including ways to stop service, ways to deal with the belligerent customer, and alternative means of transportation to get the customer safely home;

             (v) Methods for checking proper identification of customers;

             (vi) Nationally recognized programs, such as TAM (Techniques in Alcohol Management) and TIPS (Training for Intervention Programs) modified to include Washington laws and regulations.

             (2) The board shall provide the program through liquor licensee associations, independent contractors, private persons, private or public schools certified by the board, or any combination of such providers.

             (3) Except as provided in section 584 of this act, each training entity shall provide a class 12 permit to the manager or bartender who has successfully completed a course the board has certified. A list of the individuals receiving the class 12 permit shall be forwarded to the board on the completion of each course given by the training entity.

             (4) After July 1, 1996, the board shall require all alcohol servers applying for a class 13 alcohol server permit to view a video training session. Retail liquor licensees shall fully compensate employees for the time spent participating in this training session.

             (5) When requested by a retail liquor licensee, the board shall provide copies of videotaped training programs that have been produced by private vendors and make them available for a nominal fee to cover the cost of purchasing and shipment, with the fees being deposited in the liquor revolving fund for distribution to the board as needed.

             (6) Each training entity may provide the board with a video program of not less than one hour that covers the subjects in subsection (1)(d) (i) through (v) of this section that will be made available to a licensee for the training of a class 13 alcohol server.

             (7) Except as provided in section 584 of this act, applicants shall be given a class 13 permit upon the successful completion of the program.

             (8) A list of the individuals receiving the class 13 permit shall be forwarded to the board on the completion of each video training program.

             (9) The board shall develop a model permit for the class 12 and 13 permits. The board may provide such permits to training entities or licensees for a nominal cost to cover production.

             (10) Persons who have completed a nationally recognized alcohol management or intervention program since July 1, 1993, may be issued a class 12 or 13 permit upon providing proof of completion of such training to the board.


             NEW SECTION. Sec. 583. A new section is added to chapter 66.20 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The board shall immediately suspend the license of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 584. A new section is added to chapter 66.24 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The board shall immediately suspend the license of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 585. A new section is added to chapter 88.02 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a vessel registration or a vessel dealer's registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of registration under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend the vessel registration or vessel dealer's registration of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the registration shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 586. RCW 67.08.040 and 1993 c 278 s 14 are each amended to read as follows:

             Except as provided in RCW 67.08.100, upon the approval by the department of any application for a license, as hereinabove provided, and the filing of the bond the department shall forthwith issue such license.


             Sec. 587. RCW 67.08.100 and 1993 c 278 s 20 are each amended to read as follows:

             (1) The department may grant annual licenses upon application in compliance with the rules and regulations prescribed by the director, and the payment of the fees, the amount of which is to be set by the director in accordance with RCW 43.24.086, prescribed to promoters, managers, referees, boxers, wrestlers, and seconds: PROVIDED, That the provisions of this section shall not apply to contestants or participants in strictly amateur contests and/or fraternal organizations and/or veterans' organizations chartered by congress or the defense department or any bona fide athletic club which is a member of the Pacific northwest association of the amateur athletic union of the United States, holding and promoting athletic contests and where all funds are used primarily for the benefit of their members.

             (2) Any such license may be revoked by the department for any cause which it shall deem sufficient.

             (3) No person shall participate or serve in any of the above capacities unless licensed as provided in this chapter.

             (4) The referee for any boxing contest shall be designated by the department from among such licensed referees.

             (5) The referee for any wrestling exhibition or show shall be provided by the promoter and licensed by the department.

             (6) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (7) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 588. RCW 19.02.100 and 1991 c 72 s 8 are each amended to read as follows:

             (1) The department shall not issue or renew a master license to any person if:

             (a) The person does not have a valid tax registration, if required;

             (b) The person is a corporation delinquent in fees or penalties owing to the secretary of state or is not validly registered under Title 23B RCW, chapter 18.100 RCW, Title 24 RCW, and any other statute now or hereafter adopted which gives corporate or business licensing responsibilities to the secretary of state; ((or))

             (c) The person has not submitted the sum of all fees and deposits required for the requested individual license endorsements, any outstanding master license delinquency fee, or other fees and penalties to be collected through the system; or

             (d) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) Nothing in this section shall prevent registration by the state of an employer for the purpose of paying an employee of that employer industrial insurance or unemployment insurance benefits.

             (3) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 589. RCW 43.24.080 and 1979 c 158 s 99 are each amended to read as follows:

             Except as provided in section 592 of this act, at the close of each examination the department of licensing shall prepare the proper licenses, where no further fee is required to be paid, and issue licenses to the successful applicants signed by the director and notify all successful applicants, where a further fee is required, of the fact that they are entitled to receive such license upon the payment of such further fee to the department of licensing and notify all applicants who have failed to pass the examination of that fact.


             Sec. 590. RCW 43.24.110 and 1986 c 259 s 149 are each amended to read as follows:

             Except as provided in section 592 of this act, whenever there is filed in a matter under the jurisdiction of the director of licensing any complaint charging that the holder of a license has been guilty of any act or omission which by the provisions of the law under which the license was issued would warrant the revocation thereof, verified in the manner provided by law, the director of licensing shall request the governor to appoint, and the governor shall appoint within thirty days of the request, two qualified practitioners of the profession or calling of the person charged, who, with the director or his duly appointed representative, shall constitute a committee to hear and determine the charges and, in case the charges are sustained, impose the penalty provided by law. In addition, the governor shall appoint a consumer member of the committee.

             The decision of any three members of such committee shall be the decision of the committee.

             The appointed members of the committee shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their travel expenses, in accordance with RCW 43.03.050 and 43.03.060.


             Sec. 591. RCW 43.24.120 and 1987 c 202 s 212 are each amended to read as follows:

             Except as provided in section 592 of this act, any person feeling aggrieved by the refusal of the director to issue a license, or to renew one, or by the revocation or suspension of a license shall have a right of appeal to superior court from the decision of the director of licensing, which shall be taken, prosecuted, heard, and determined in the manner provided in chapter 34.05 RCW.

             The decision of the superior court may be reviewed by the supreme court or the court of appeals in the same manner as other civil cases.


             NEW SECTION. Sec. 592. A new section is added to chapter 43.24 RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license by the department of licensing. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of registration under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The department shall immediately suspend any license issued by the department of licensing of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 593. RCW 70.74.110 and 1988 c 198 s 5 are each amended to read as follows:

             All persons engaged in the manufacture of explosives, or any process involving explosives, or where explosives are used as a component part in the manufacture of any article or device, on ((the date when this 1969 amendatory act takes effect)) August 11, 1969, shall within sixty days thereafter, and all persons engaging in the manufacture of explosives, or any process involving explosives, or where explosives are used as a component part in the manufacture of any article or device after ((this act takes effect)) August 11, 1969, shall, before so engaging, make an application in writing, subscribed to by such person or his agent, to the department of labor and industries, the application stating:

             (1) Location of place of manufacture or processing;

             (2) Kind of explosives manufactured, processed or used;

             (3) The distance that such explosives manufacturing building is located or intended to be located from the other factory buildings, magazines, inhabited buildings, railroads and highways and public utility transmission systems;

             (4) The name and address of the applicant;

             (5) The reason for desiring to manufacture explosives;

             (6) The applicant's citizenship, if the applicant is an individual;

             (7) If the applicant is a partnership, the names and addresses of the partners, and their citizenship;

             (8) If the applicant is an association or corporation, the names and addresses of the officers and directors thereof, and their citizenship; and

             (9) Such other pertinent information as the director of labor and industries shall require to effectuate the purpose of this chapter.

             There shall be kept in the main office on the premises of each explosives manufacturing plant a plan of said plant showing the location of all explosives manufacturing buildings and the distance they are located from other factory buildings where persons are employed and from magazines, and these plans shall at all times be open to inspection by duly authorized inspectors of the department of labor and industries. The superintendent of each plant shall upon demand of said inspector furnish the following information:

             (a) The maximum amount and kind of explosive material which is or will be present in each building at one time.

             (b) The nature and kind of work carried on in each building and whether or not said buildings are surrounded by natural or artificial barricades.

             Except as provided in RCW 70.74.135, 70.74.360, and 70.74.370, the department of labor and industries shall as soon as possible after receiving such application cause an inspection to be made of the explosives manufacturing plant, and if found to be in accordance with RCW 70.74.030 and 70.74.050 and 70.74.061, such department shall issue a license to the person applying therefor showing compliance with the provisions of this chapter if the applicant demonstrates that either the applicant or the officers, agents or employees of the applicant are sufficiently experienced in the manufacture of explosives and the applicant meets the qualifications for a license under RCW 70.74.360. Such license shall continue in full force and effect until expired, suspended, or revoked by the department pursuant to this chapter.


             Sec. 594. RCW 70.74.130 and 1988 c 198 s 7 are each amended to read as follows:

             Every person desiring to engage in the business of dealing in explosives shall apply to the department of labor and industries for a license therefor. Said application shall state, among other things:

             (1) The name and address of applicant;

             (2) The reason for desiring to engage in the business of dealing in explosives;

             (3) Citizenship, if an individual applicant;

             (4) If a partnership, the names and addresses of the partners and their citizenship;

             (5) If an association or corporation, the names and addresses of the officers and directors thereof and their citizenship; and

             (6) Such other pertinent information as the director of labor and industries shall require to effectuate the purpose of this chapter.

             Except as provided in RCW 70.74.135, 70.74.360, and 70.74.370, the department of labor and industries shall issue the license if the applicant demonstrates that either the applicant or the principal officers, agents, or employees of the applicant are experienced in the business of dealing in explosives, possess suitable facilities therefor, have not been convicted of any crime that would warrant revocation or nonrenewal of a license under this chapter, and have never had an explosives-related license revoked under this chapter or under similar provisions of any other state.


             Sec. 595. RCW 70.74.135 and 1988 c 198 s 8 are each amended to read as follows:

             All persons desiring to purchase explosives except handloader components shall apply to the department of labor and industries for a license. Said application shall state, among other things:

             (1) The location where explosives are to be used;

             (2) The kind and amount of explosives to be used;

             (3) The name and address of the applicant;

             (4) The reason for desiring to use explosives;

             (5) The citizenship of the applicant if the applicant is an individual;

             (6) If the applicant is a partnership, the names and addresses of the partners and their citizenship;

             (7) If the applicant is an association or corporation, the names and addresses of the officers and directors thereof and their citizenship; and

             (8) Such other pertinent information as the director of the department of labor and industries shall require to effectuate the purpose of this chapter.

             The department of labor and industries shall issue the license if the applicant demonstrates that either the applicant or the officers, agents or employees of the applicant are sufficiently experienced in the use of explosives to authorize a purchase license. However, no purchaser's license may be issued to any person who cannot document proof of possession or right to use approved and licensed storage facilities unless the person signs a statement certifying that explosives will not be stored. No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 596. RCW 70.74.360 and 1988 c 198 s 3 are each amended to read as follows:

             (1) The director of labor and industries shall require, as a condition precedent to the original issuance or renewal of any explosive license, fingerprinting and criminal history record information checks of every applicant. In the case of a corporation, fingerprinting and criminal history record information checks shall be required for the management officials directly responsible for the operations where explosives are used if such persons have not previously had their fingerprints recorded with the department of labor and industries. In the case of a partnership, fingerprinting and criminal history record information checks shall required of all general partners. Such fingerprints as are required by the department of labor and industries shall be submitted on forms provided by the department to the identification section of the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior convictions of the individuals fingerprinted. The Washington state patrol shall provide to the director of labor and industries such criminal record information as the director may request. The applicant shall give full cooperation to the department of labor and industries and shall assist the department of labor and industries in all aspects of the fingerprinting and criminal history record information check. The applicant may be required to pay a fee not to exceed twenty dollars to the agency that performs the fingerprinting and criminal history process.

             (2) The director of labor and industries shall not issue a license to manufacture, purchase, store, use, or deal with explosives to:

             (a) Any person under twenty-one years of age;

             (b) Any person whose license is suspended or whose license has been revoked, except as provided in RCW 70.74.370;

             (c) Any person who has been convicted in this state or elsewhere of a violent offense as defined in RCW 9.94A.030, perjury, false swearing, or bomb threats or a crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless such other drug or alcohol related offense does not reflect a drug or alcohol dependency. However, the director of labor and industries may issue a license if the person suffering a drug or alcohol related dependency is participating in or has completed an alcohol or drug recovery program acceptable to the department of labor and industries and has established control of their alcohol or drug dependency. The director of labor and industries shall require the applicant to provide proof of such participation and control; ((or))

             (d) Any person who has previously been adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease and who has not at the time of application been restored to competency ; or

             (e) Any person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the director of labor and industries with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (3) The director of labor and industries may establish reasonable licensing fees for the manufacture, dealing, purchase, use, and storage of explosives.


             Sec. 597. RCW 70.74.370 and 1988 c 198 s 4 are each amended to read as follows:

             (1) The department of labor and industries shall revoke and not renew the license of any person holding a manufacturer, dealer, purchaser, user, or storage license upon conviction of any of the following offenses, which conviction has become final:

             (a) A violent offense as defined in RCW 9.94A.030;

             (b) A crime involving perjury or false swearing, including the making of a false affidavit or statement under oath to the department of labor and industries in an application or report made pursuant to this title;

             (c) A crime involving bomb threats;

             (d) A crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless such other drug or alcohol related offense does not reflect a drug or alcohol dependency. However, the department of labor and industries may condition renewal of the license to any convicted person suffering a drug or alcohol dependency who is participating in an alcoholism or drug recovery program acceptable to the department of labor and industries and has established control of their alcohol or drug dependency. The department of labor and industries shall require the licensee to provide proof of such participation and control;

             (e) A crime relating to possession, use, transfer, or sale of explosives under this chapter or any other chapter of the Revised Code of Washington.

             (2) The department of labor and industries shall revoke the license of any person adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease. The director shall not renew the license until the person has been restored to competency.

             (3) The department of labor and industries is authorized to suspend, for a period of time not to exceed six months, the license of any person who has violated this chapter or the rules promulgated pursuant to this chapter.

             (4) The department of labor and industries may revoke the license of any person who has repeatedly violated this chapter or the rules promulgated pursuant to this chapter, or who has twice had his or her license suspended under this chapter.

             (5) The department of labor and industries shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department of labor and industries' receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

             (6) Upon receipt of notification by the department of labor and industries of revocation or suspension, a licensee must surrender immediately to the department any or all such licenses revoked or suspended.


             Sec. 598. RCW 66.24.010 and 1995 c 232 s 1 are each amended to read as follows:

             (1) Every license shall be issued in the name of the applicant, and the holder thereof shall not allow any other person to use the license.

             (2) For the purpose of considering any application for a license, the board may cause an inspection of the premises to be made, and may inquire into all matters in connection with the construction and operation of the premises. For the purpose of reviewing any application for a license and for considering the denial, suspension or revocation of any license, the liquor control board may consider any prior criminal conduct of the applicant and the provisions of RCW 9.95.240 and of chapter 9.96A RCW shall not apply to such cases. The board may, in its discretion, grant or refuse the license applied for. Authority to approve an uncontested or unopposed license may be granted by the board to any staff member the board designates in writing. Conditions for granting such authority shall be adopted by rule. No retail license of any kind may be issued to:

             (a) A person who has not resided in the state for at least one month prior to making application, except in cases of licenses issued to dining places on railroads, boats, or aircraft;

             (b) A copartnership, unless all of the members thereof are qualified to obtain a license, as provided in this section;

             (c) A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee;

             (d) A corporation, unless it was created under the laws of the state of Washington or holds a certificate of authority to transact business in the state of Washington; or

             (e) Any person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the board with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (3)(a) The board may, in its discretion, subject to the provisions of RCW 66.08.150, suspend or cancel any license; and all rights of the licensee to keep or sell liquor thereunder shall be suspended or terminated, as the case may be.

             (b) The board shall immediately suspend the license or certificate of a person who either (i) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (ii) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

             (c) The board may request the appointment of administrative law judges under chapter 34.12 RCW who shall have power to administer oaths, issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, and testimony, examine witnesses, and to receive testimony in any inquiry, investigation, hearing, or proceeding in any part of the state, under such rules and regulations as the board may adopt.

             (d) Witnesses shall be allowed fees and mileage each way to and from any such inquiry, investigation, hearing, or proceeding at the rate authorized by RCW 34.05.446, as now or hereafter amended. Fees need not be paid in advance of appearance of witnesses to testify or to produce books, records, or other legal evidence.

             (e) In case of disobedience of any person to comply with the order of the board or a subpoena issued by the board, or any of its members, or administrative law judges, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, the judge of the superior court of the county in which the person resides, on application of any member of the board or administrative law judge, shall compel obedience by contempt proceedings, as in the case of disobedience of the requirements of a subpoena issued from said court or a refusal to testify therein.

             (4) Upon receipt of notice of the suspension or cancellation of a license, the licensee shall forthwith deliver up the license to the board. Where the license has been suspended only, the board shall return the license to the licensee at the expiration or termination of the period of suspension. The board shall notify all vendors in the city or place where the licensee has its premises of the suspension or cancellation of the license; and no employee may allow or cause any liquor to be delivered to or for any person at the premises of that licensee.

             (5)(a) At the time of the original issuance of a class H license, the board shall prorate the license fee charged to the new licensee according to the number of calendar quarters, or portion thereof, remaining until the first renewal of that license is required.

             (b) Unless sooner canceled, every license issued by the board shall expire at midnight of the thirtieth day of June of the fiscal year for which it was issued. However, if the board deems it feasible and desirable to do so, it may establish, by rule pursuant to chapter 34.05 RCW, a system for staggering the annual renewal dates for any and all licenses authorized by this chapter. If such a system of staggered annual renewal dates is established by the board, the license fees provided by this chapter shall be appropriately prorated during the first year that the system is in effect.

             (6) Every license issued under this section shall be subject to all conditions and restrictions imposed by this title or by the regulations in force from time to time. All conditions and restrictions imposed by the board in the issuance of an individual license shall be listed on the face of the individual license along with the trade name, address, and expiration date.

             (7) Every licensee shall post and keep posted its license, or licenses, in a conspicuous place on the premises.

             (8) Before the board shall issue a license to an applicant it shall give notice of such application to the chief executive officer of the incorporated city or town, if the application be for a license within an incorporated city or town, or to the county legislative authority, if the application be for a license outside the boundaries of incorporated cities or towns; and such incorporated city or town, through the official or employee selected by it, or the county legislative authority or the official or employee selected by it, shall have the right to file with the board within twenty days after date of transmittal of such notice, written objections against the applicant or against the premises for which the license is asked, and shall include with such objections a statement of all facts upon which such objections are based, and in case written objections are filed, may request and the liquor control board may in its discretion hold a formal hearing subject to the applicable provisions of Title 34 RCW. Upon the granting of a license under this title the board shall send a duplicate of the license or written notification to the chief executive officer of the incorporated city or town in which the license is granted, or to the county legislative authority if the license is granted outside the boundaries of incorporated cities or towns.

             (9) Before the board issues any license to any applicant, it shall give (a) due consideration to the location of the business to be conducted under such license with respect to the proximity of churches, schools, and public institutions and (b) written notice by certified mail of the application to churches, schools, and public institutions within five hundred feet of the premises to be licensed. The board shall issue no beer retailer license class A, B, D, or E or wine retailer license class C or F or class H license covering any premises not now licensed, if such premises are within five hundred feet of the premises of any tax-supported public elementary or secondary school measured along the most direct route over or across established public walks, streets, or other public passageway from the outer property line of the school grounds to the nearest public entrance of the premises proposed for license, and if, after receipt by the school or public institution of the notice as provided in this subsection, the board receives written notice, within twenty days after posting such notice, from an official representative or representatives of the school within five hundred feet of said proposed licensed premises, indicating to the board that there is an objection to the issuance of such license because of proximity to a school. For the purpose of this section, church shall mean a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith. No liquor license may be issued or reissued by the board to any motor sports facility or licensee operating within the motor sports facility unless the motor sports facility enforces a program reasonably calculated to prevent alcohol or alcoholic beverages not purchased within the facility from entering the facility and such program is approved by local law enforcement agencies. It is the intent under this subsection that a retail license shall not be issued by the board where doing so would, in the judgment of the board, adversely affect a private school meeting the requirements for private schools under Title 28A RCW, which school is within five hundred feet of the proposed licensee. The board shall fully consider and give substantial weight to objections filed by private schools. If a license is issued despite the proximity of a private school, the board shall state in a letter addressed to the private school the board's reasons for issuing the license.

             (10) The restrictions set forth in subsection (9) of this section shall not prohibit the board from authorizing the assumption of existing licenses now located within the restricted area by other persons or licenses or relocations of existing licensed premises within the restricted area. In no case may the licensed premises be moved closer to a church or school than it was before the assumption or relocation.

             (11) Nothing in this section prohibits the board, in its discretion, from issuing a temporary retail or wholesaler license to an applicant assuming an existing retail or wholesaler license to continue the operation of the retail or wholesaler premises during the period the application for the license is pending and when the following conditions exist:

             (a) The licensed premises has been operated under a retail or wholesaler license within ninety days of the date of filing the application for a temporary license;

             (b) The retail or wholesaler license for the premises has been surrendered pursuant to issuance of a temporary operating license;

             (c) The applicant for the temporary license has filed with the board an application to assume the retail or wholesaler license at such premises to himself or herself; and

             (d) The application for a temporary license is accompanied by a temporary license fee established by the board by rule.

             A temporary license issued by the board under this section shall be for a period not to exceed sixty days. A temporary license may be extended at the discretion of the board for an additional sixty-day period upon payment of an additional fee and upon compliance with all conditions required in this section.

             Refusal by the board to issue or extend a temporary license shall not entitle the applicant to request a hearing. A temporary license may be canceled or suspended summarily at any time if the board determines that good cause for cancellation or suspension exists. RCW 66.08.130 and chapter 34.05 RCW shall apply to temporary licenses.

             Application for a temporary license shall be on such form as the board shall prescribe. If an application for a temporary license is withdrawn before issuance or is refused by the board, the fee which accompanied such application shall be refunded in full.


             Sec. 599. RCW 43.63B.040 and 1994 c 284 s 19 are each amended to read as follows:

             (1) The department shall issue a certificate of manufactured home installation to an applicant who has taken the training course, passed the examination, paid the fees, and in all other respects ((meet[s])) meets the qualifications. The certificate shall bear the date of issuance, a certification identification number, and is renewable every three years upon application and completion of a continuing education program as determined by the department. A renewal fee shall be assessed for each certificate. If a person fails to renew a certificate by the renewal date, the person must retake the examination and pay the examination fee.

             (2) The certificate of manufactured home installation provided for in this chapter grants the holder the right to engage in manufactured home installation throughout the state, without any other installer certification.

             (3) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (4) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 600. RCW 70.95D.040 and 1989 c 431 s 68 are each amended to read as follows:

             (1) The department shall establish a process to certify incinerator and landfill operators. To the greatest extent possible, the department shall rely on the certification standards and procedures developed by national organizations and the federal government.

             (2) Operators shall be certified if they:

             (a) Attend the required training sessions;

             (b) Successfully complete required examinations; and

             (c) Pay the prescribed fee.

             (3) By January 1, 1991, the department shall adopt rules to require incinerator and appropriate landfill operators to:

             (a) Attend a training session concerning the operation of the relevant type of landfill or incinerator;

             (b) Demonstrate sufficient skill and competency for proper operation of the incinerator or landfill by successfully completing an examination prepared by the department; and

             (c) Renew the certificate of competency at reasonable intervals established by the department.

             (4) The department shall provide for the collection of fees for the issuance and renewal of certificates. These fees shall be sufficient to recover the costs of the certification program.

             (5) The department shall establish an appeals process for the denial or revocation of a certificate.

             (6) The department shall establish a process to automatically certify operators who have received comparable certification from another state, the federal government, a local government, or a professional association.

             (7) Upon July 23, 1989, and prior to January 1, 1992, the owner or operator of an incinerator or landfill may apply to the department for interim certification. Operators shall receive interim certification if they:

             (a) Have received training provided by a recognized national organization, educational institution, or the federal government that is acceptable to the department; or

             (b) Have received individualized training in a manner approved by the department; and

             (c) Have successfully completed any required examinations.

             (8) No interim certification shall be valid after January 1, 1992, and interim certification shall not automatically qualify operators for certification pursuant to subsections (2) through (4) of this section.

             (9) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (10) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 601. A new section is added to chapter 70.95B RCW to read as follows:

             (1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (2) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 602. RCW 17.21.130 and 1994 c 283 s 15 are each amended to read as follows:

             Any license, permit, or certification provided for in this chapter may be revoked or suspended, and any license, permit, or certification application may be denied by the director for cause. If the director suspends a license under this chapter with respect to activity of a continuing nature under chapter 34.05 RCW, the director may elect to suspend the license for a subsequent license year during a period that coincides with the period commencing thirty days before and ending thirty days after the date of the incident or incidents giving rise to the violation.

             The director shall immediately suspend the license or certificate of a person who either (1) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (2) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             Sec. 603. RCW 17.21.132 and 1994 c 283 s 16 are each amended to read as follows:

             Any person applying for a license or certification authorized under the provisions of this chapter shall file an application on a form prescribed by the director.

             (1) The application shall state the license or certification and the classification(s) for which the applicant is applying and the method in which the pesticides are to be applied.

             (2) For all classes of licenses except private applicator, all applicants shall be at least eighteen years of age on the date that the application is made. Applicants for a private pesticide applicator license shall be at least sixteen years of age on the date that the application is made.

             (3) Application for a license to apply pesticides shall be accompanied by the required fee. No license may be issued until the required license fee has been received by the department. License fees shall be prorated where necessary to accommodate staggering of expiration dates of a license or licenses.

             (4) Each classification of license issued under this chapter shall expire annually on a date set by rule by the director. License expiration dates may be staggered for administrative purposes. Renewal applications shall be filed on or before the applicable expiration date.

             No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.


             Sec. 604. RCW 64.44.060 and 1990 c 213 s 7 are each amended to read as follows:

             (1) After January 1, 1991, a contractor may not perform decontamination, demolition, or disposal work unless issued a certificate by the state department of health. The department shall establish performance standards for contractors by rule in accordance with chapter 34.05 RCW, the administrative procedure act. The department shall train and test, or may approve courses to train and test, contractors and their employees on the essential elements in assessing property used as an illegal drug manufacturing or storage site to determine hazard reduction measures needed, techniques for adequately reducing contaminants, use of personal protective equipment, methods for proper demolition, removal, and disposal of contaminated property, and relevant federal and state regulations. Upon successful completion of the training, the contractor or employee shall be certified.

             (2) The department may require the successful completion of annual refresher courses provided or approved by the department for the continued certification of the contractor or employee.

             (3) The department shall provide for reciprocal certification of any individual trained to engage in decontamination, demolition, or disposal work in another state when the prior training is shown to be substantially similar to the training required by the department. The department may require such individuals to take an examination or refresher course before certification.

             (4) The department may deny, suspend, or revoke a certificate for failure to comply with the requirements of this chapter or any rule adopted pursuant to this chapter. A certificate may be denied, suspended, or revoked on any of the following grounds:

             (a) Failing to perform decontamination, demolition, or disposal work under the supervision of trained personnel;

             (b) Failing to file a work plan;

             (c) Failing to perform work pursuant to the work plan;

             (d) Failing to perform work that meets the requirements of the department; ((or))

             (e) The certificate was obtained by error, misrepresentation, or fraud; or

             (f) If the person has either (i) been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (ii) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (5) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (6) A contractor who violates any provision of this chapter may be assessed a fine not to exceed five hundred dollars for each violation.

             (((6))) (7) The department of health shall prescribe fees as provided for in RCW 43.70.250 for the issuance and renewal of certificates, the administration of examinations, and for the review of training courses.

             (((7))) (8) The decontamination account is hereby established in the state treasury. All fees collected under this chapter shall be deposited in this account. Moneys in the account may only be spent after appropriation for costs incurred by the department in the administration and enforcement of this chapter.


             Sec. 605. RCW 19.146.210 and 1994 c 33 s 10 are each amended to read as follows:

             (1) The director shall issue and deliver a mortgage broker license to an applicant if, after investigation, the director makes the following findings:

             (a) The applicant has paid the required license fees;

             (b) The applicant has complied with RCW 19.146.205;

             (c) Neither the applicant nor any of its principals has had a license issued under this chapter or any similar state statute suspended or revoked within five years of the filing of the present application;

             (d) Neither the applicant nor any of its principals has been convicted of a gross misdemeanor involving dishonesty or financial misconduct or a felony within seven years of the filing of the present application;

             (e) Either the applicant or one of its principals, who may be designated by the applicant, (i) has at least two years of experience in the residential mortgage loan industry or has completed the educational requirements established by rule of the director and (ii) has passed a written examination whose content shall be established by rule of the director; and

             (f) The applicant has demonstrated financial responsibility, character, and general fitness such as to command the confidence of the community and to warrant a belief that the business will be operated honestly, fairly, and efficiently within the purposes of this chapter.

             (2) If the director does not find the conditions of subsection (1) of this section have been met, the director shall not issue the license. The director shall notify the applicant of the denial and return to the applicant the bond or approved alternative and any remaining portion of the license fee that exceeds the department's actual cost to investigate the license.

             (3) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 502 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 607 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

             (4) The director shall issue a license under this chapter to any licensee issued a license under chapter 468, Laws of 1993, that has a valid license and is otherwise in compliance with the provisions of this chapter.

             (((4))) (5) A license issued pursuant to this chapter is valid from the date of issuance with no fixed date of expiration.

             (((5))) (6) A licensee may surrender a license by delivering to the director written notice of surrender, but the surrender does not affect the licensee's civil or criminal liability arising from acts or omissions occurring before such surrender.


             Sec. 606. RCW 19.146.220 and 1994 c 33 s 12 are each amended to read as follows:

             (1) The director shall enforce all laws and rules relating to the licensing of mortgage brokers, grant or deny licenses to mortgage brokers, and hold hearings. The director may impose any one or more of the following sanctions:

             (a) Suspend or revoke licenses, deny applications for licenses, or impose penalties upon violators of cease and desist orders issued under this chapter. The director may impose fines, as established by rule by the director, for violations of or failure to comply with any lawful directive, order, or requirement of the director. Each day's continuance of the violation or failure to comply is a separate and distinct violation or failure;

             (b) Issue an order directing a licensee, its employee or loan originator, or other person subject to this chapter to cease and desist from conducting business in a manner that is injurious to the public or violates any provision of this chapter, or to pay restitution to an injured borrower; or

             (c) Issue an order removing from office or prohibiting from participation in the conduct of the affairs of a licensed mortgage broker, or both, any officer, principal, employee, or loan originator, as the case may be, of any licensed mortgage broker.

             (2) The director may take those actions specified in subsection (1) of this section if the director finds any of the following:

             (a) The licensee has failed to pay a fee due the state of Washington under this chapter or, to maintain in effect the bond or approved alternative required under this chapter; or

             (b) The licensee, employee or loan originator of the licensee, or person subject to the license requirements or prohibited practices of this chapter has failed to comply with any specific order or demand of the director lawfully made and directed to the licensee, employee, or loan originator of the licensee in accordance with this chapter; or

             (c) The licensee, its employee or loan originator, or other person subject to this chapter has violated any provision of this chapter or a rule adopted under this chapter; or

             (d) The licensee made false statements on the application or omitted material information that, if known, would have allowed the director to deny the application for the original license.

             (3) The director shall establish by rule standards for licensure of applicants licensed in other jurisdictions. Every licensed mortgage broker that does not maintain a physical office within the state must maintain a registered agent within the state to receive service of any lawful process in any judicial or administrative noncriminal suit, action, or proceeding, against the licensed mortgage broker which arises under this chapter or any rule or order under this chapter, with the same force and validity as if served personally on the licensed mortgage broker. Service upon the registered agent shall be effective if the plaintiff, who may be the director in a suit, action, or proceeding instituted by him or her, sends notice of the service and a copy of the process by registered mail to the defendant or respondent at the last address of the respondent or defendant on file with the director. In any judicial action, suit, or proceeding arising under this chapter or any rule or order adopted under this chapter between the department or director and a licensed mortgage broker who does not maintain a physical office in this state, venue shall be exclusively in the superior court of Thurston county.

             (4) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 607 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.


             NEW SECTION. Sec. 607. A new section is added to chapter 26.09 RCW to read as follows:

             (1) Unless the context clearly requires otherwise, the definitions in this section apply in this section.

             (a) "License" means a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, or industry.

             (b) "Licensee" means any individual holding a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, or industry.

             (c) "Licensing entity" includes any department, board, commission, or other organization of the state authorized to issue, renew, suspend, or revoke a license authorizing an individual to engage in a business, occupation, profession, or industry, and the Washington state bar association.

             (d) "Noncompliance with a residential or visitation order" means that a court has found the parent in contempt of court, under RCW 26.09.160 for failure to comply with a residential provision of a court-ordered parenting plan on two occasions within three years.

             (e) "Residential or visitation order" means the residential schedule or visitation schedule contained in a court-ordered parenting plan.

             (2) If a court determines under RCW 26.09.160 that a parent is not in compliance with a provision of a residential or visitation order under RCW 26.09.160, the court shall enter an order directed to the appropriate licensing entity certifying that the parent is not in compliance with a residential or visitation order. The order shall contain the noncomplying parent's name, address, and social security number, and shall indicate whether the obligor is believed to be a licensee who has a license, is in the process of applying for a license, or may seek renewal of a license issued directly by the licensing entity or through a board affiliated with the licensing entity. The court clerk shall forward the order to the licensing entity.

             (3) The court shall set a review hearing date to determine whether the noncomplying parent becomes in compliance with the residential or visitation order. If the court determines at the review hearing that the parent is in compliance with the residential or visitation order, the court shall provide the parent with a written release stating that the parent is in compliance with the residential or visitation order.       (4) Upon receipt of the court order, the licensing entity shall refuse to issue or renew a license to the licensee or shall suspend the licensee's license until the licensee provides the licensing entity with a release from the court that states the licensee is in compliance with the residential or visitation order.


             Sec. 608. RCW 26.09.160 and 1991 c 367 s 4 are each amended to read as follows:

             (1) The performance of parental functions and the duty to provide child support are distinct responsibilities in the care of a child. If a party fails to comply with a provision of a decree or temporary order of injunction, the obligation of the other party to make payments for support or maintenance or to permit contact with children is not suspended. An attempt by a parent, in either the negotiation or the performance of a parenting plan, to condition one aspect of the parenting plan upon another, to condition payment of child support upon an aspect of the parenting plan, to refuse to pay ordered child support, to refuse to perform the duties provided in the parenting plan, or to hinder the performance by the other parent of duties provided in the parenting plan, shall be deemed bad faith and shall be punished by the court by holding the party in contempt of court and by awarding to the aggrieved party reasonable attorneys' fees and costs incidental in bringing a motion for contempt of court.

             (2)(a) A motion may be filed to initiate a contempt action to coerce a parent to comply with an order establishing residential provisions for a child. If the court finds there is reasonable cause to believe the parent has not complied with the order, the court may issue an order to show cause why the relief requested should not be granted.

             (b) If, based on all the facts and circumstances, the court finds after hearing that the parent, in bad faith, has not complied with the order establishing residential provisions for the child, the court shall find the parent in contempt of court. Upon a finding of contempt, the court shall order:

             (i) The noncomplying parent to provide the moving party additional time with the child. The additional time shall be equal to the time missed with the child, due to the parent's noncompliance;

             (ii) The parent to pay, to the moving party, all court costs and reasonable attorneys' fees incurred as a result of the noncompliance, and any reasonable expenses incurred in locating or returning a child; and

             (iii) The parent to pay, to the moving party, a civil penalty, not less than the sum of one hundred dollars.

             The court may also order the parent to be imprisoned in the county jail, if the parent is presently able to comply with the provisions of the court-ordered parenting plan and is presently unwilling to comply. The parent may be imprisoned until he or she agrees to comply with the order, but in no event for more than one hundred eighty days.

             (3) On a second failure within three years to comply with a residential provision of a court-ordered parenting plan, a motion may be filed to initiate contempt of court proceedings according to the procedure set forth in subsection (2) (a) and (b) of this section. On a finding of contempt under this subsection, the court shall ((order)):

             (a) Order the noncomplying parent to provide the other parent or party additional time with the child. The additional time shall be twice the amount of the time missed with the child, due to the parent's noncompliance;

             (b) Order the noncomplying parent to pay, to the other parent or party, all court costs and reasonable attorneys' fees incurred as a result of the noncompliance, and any reasonable expenses incurred in locating or returning a child; ((and))

             (c) Order the noncomplying parent to pay, to the moving party, a civil penalty of not less than two hundred fifty dollars; and

             (d) Enter an order under section 607 of this act directed to the appropriate licensing entity certifying that the parent is not in compliance with the residential schedule or visitation schedule of a permanent parenting plan.

             The court may also order the parent to be imprisoned in the county jail, if the parent is presently able to comply with the provisions of the court-ordered parenting plan and is presently unwilling to comply. The parent may be imprisoned until he or she agrees to comply with the order but in no event for more than one hundred eighty days.

             (4) For purposes of subsections (1), (2), and (3) of this section, the parent shall be deemed to have the present ability to comply with the order establishing residential provisions unless he or she establishes otherwise by a preponderance of the evidence. The parent shall establish a reasonable excuse for failure to comply with the residential provision of a court-ordered parenting plan by a preponderance of the evidence.

             (5) Any monetary award ordered under subsections (1), (2), and (3) of this section may be enforced, by the party to whom it is awarded, in the same manner as a civil judgment.

             (6) Subsections (1), (2), and (3) of this section authorize the exercise of the court's power to impose remedial sanctions for contempt of court and is in addition to any other contempt power the court may possess.

             (7) Upon motion for contempt of court under subsections (1) through (3) of this section, if the court finds the motion was brought without reasonable basis, the court shall order the moving party to pay to the nonmoving party, all costs, reasonable attorneys' fees, and a civil penalty of not less than one hundred dollars.


             Sec. 609. RCW 26.09.165 and 1994 c 162 s 2 are each amended to read as follows:

             All court orders containing parenting plan provisions or orders of contempt, entered pursuant to RCW 26.09.160, shall include the following language:

 

WARNING: VIOLATION OF THE RESIDENTIAL PROVISIONS OF THIS ORDER WITH ACTUAL KNOWLEDGE OF ITS TERMS IS PUNISHABLE BY CONTEMPT OF COURT, MAY CAUSE THE VIOLATOR TO BE DENIED OR HAVE SUSPENDED OR NOT RENEWED A PROFESSIONAL, DRIVER'S, OR OTHER LICENSE, AND MAY BE A CRIMINAL OFFENSE UNDER RCW 9A.40.060(2) or 9A.40.070(2). VIOLATION OF THIS ORDER MAY SUBJECT A VIOLATOR TO ARREST.


             Sec. 610. RCW 26.23.050 and 1994 c 230 s 9 are each amended to read as follows:

             (1) If the office of support enforcement is providing support enforcement services under RCW 26.23.045, or if a party is applying for support enforcement services by signing the application form on the bottom of the support order, the superior court shall include in all court orders that establish or modify a support obligation:

             (a) A provision that orders and directs the responsible parent to make all support payments to the Washington state support registry;

             (b) A statement that a notice of payroll deduction may be issued, or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of the court order, unless:

             (i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or

             (ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; ((and))

             (c) A statement that the receiving parent might be required to submit an accounting of how the support is being spent to benefit the child; and

             (d) A statement that the responsible parent's privileges to obtain and maintain a license, as defined in section 502 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 502 of this act.

             As used in this subsection and subsection (3) of this section, "good cause not to require immediate income withholding" means a written determination of why implementing immediate wage withholding would not be in the child's best interests and, in modification cases, proof of timely payment of previously ordered support.

             (2) In all other cases not under subsection (1) of this section, the court may order the responsible parent to make payments directly to the person entitled to receive the payments, to the Washington state support registry, or may order that payments be made in accordance with an alternate arrangement agreed upon by the parties.

             (a) The superior court shall include in all orders under this subsection that establish or modify a support obligation:

             (i) A statement that a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of the court order, unless:

             (A) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or

             (B) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; and

             (ii) A statement that the receiving parent may be required to submit an accounting of how the support is being spent to benefit the child.

             As used in this subsection, "good cause not to require immediate income withholding" is any reason that the court finds appropriate.

             (b) The superior court may order immediate or delayed income withholding as follows:

             (i) Immediate income withholding may be ordered if the responsible parent has earnings. If immediate income withholding is ordered under this subsection, all support payments shall be paid to the Washington state support registry. The superior court shall issue a mandatory wage assignment order as set forth in chapter 26.18 RCW when the support order is signed by the court. The parent entitled to receive the transfer payment is responsible for serving the employer with the order and for its enforcement as set forth in chapter 26.18 RCW.

             (ii) If immediate income withholding is not ordered, the court shall require that income withholding be delayed until a payment is past due. The support order shall contain a statement that a notice of payroll deduction may be issued, or other income-withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent, after a payment is past due.

             (c) If a mandatory wage withholding order under chapter 26.18 RCW is issued under this subsection and the office of support enforcement provides support enforcement services under RCW 26.23.045, the existing wage withholding assignment is prospectively superseded upon the office of support enforcement's subsequent service of an income withholding notice.

             (3) The office of administrative hearings and the department of social and health services shall require that all support obligations established as administrative orders include a provision which orders and directs that the responsible parent shall make all support payments to the Washington state support registry. All administrative orders shall also state that the responsible parent's privileges to obtain and maintain a license, as defined in section 502 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 502 of this act. All administrative orders shall also state that a notice of payroll deduction may be issued, or other income withholding action taken without further notice to the responsible parent at any time after entry of the order, unless:

             (a) One of the parties demonstrates, and the presiding officer finds, that there is good cause not to require immediate income withholding; or

             (b) The parties reach a written agreement that is approved by the presiding officer that provides for an alternate agreement.

             (4) If the support order does not include the provision ordering and directing that all payments be made to the Washington state support registry and a statement that a notice of payroll deduction may be issued if a support payment is past due or at any time after the entry of the order, or that a parent's licensing privileges may be denied, not renewed, or suspended, the office of support enforcement may serve a notice on the responsible parent stating such requirements and authorizations. Service may be by personal service or any form of mail requiring a return receipt.

             (5) Every support order shall state:

             (a) The address where the support payment is to be sent;

             (b) That a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of an order by the court, unless:

             (i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding; or

             (ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement;

             (c) The income of the parties, if known, or that their income is unknown and the income upon which the support award is based;

             (d) The support award as a sum certain amount;

             (e) The specific day or date on which the support payment is due;

             (f) The social security number, residence address, and name and address of the employer of the responsible parent;

             (g) The social security number and residence address of the physical custodian except as provided in subsection (6) of this section;

             (h) The names, dates of birth, and social security numbers, if any, of the dependent children;

             (i) In cases requiring payment to the Washington state support registry, that the parties are to notify the Washington state support registry of any change in residence address. The responsible parent shall notify the registry of the name and address of his or her current employer, whether he or she has access to health insurance coverage at reasonable cost and, if so, the health insurance policy information;

             (j) That any parent owing a duty of child support shall be obligated to provide health insurance coverage for his or her child if coverage that can be extended to cover the child is or becomes available to that parent through employment or is union-related as provided under RCW 26.09.105;

             (k) That if proof of health insurance coverage or proof that the coverage is unavailable is not provided within twenty days, the obligee or the department may seek direct enforcement of the coverage through the obligor's employer or union without further notice to the obligor as provided under chapter 26.18 RCW; ((and))

             (l) The reasons for not ordering health insurance coverage if the order fails to require such coverage; and

             (m) That the responsible parent's privileges to obtain and maintain a license, as defined in section 502 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 502 of this act.

             (6) The physical custodian's address:

             (a) Shall be omitted from an order entered under the administrative procedure act. When the physical custodian's address is omitted from an order, the order shall state that the custodian's address is known to the office of support enforcement.

             (b) A responsible parent may request the physical custodian's residence address by submission of a request for disclosure under RCW 26.23.120 to the office of support enforcement.

             (7) The superior court clerk, the office of administrative hearings, and the department of social and health services shall, within five days of entry, forward to the Washington state support registry, a true and correct copy of all superior court orders or administrative orders establishing or modifying a support obligation which provide that support payments shall be made to the support registry. If a superior court order entered prior to January 1, 1988, directs the responsible parent to make support payments to the clerk, the clerk shall send a true and correct copy of the support order and the payment record to the registry for enforcement action when the clerk identifies that a payment is more than fifteen days past due. The office of support enforcement shall reimburse the clerk for the reasonable costs of copying and sending copies of court orders to the registry at the reimbursement rate provided in Title IV-D of the social security act.

             (8) Receipt of a support order by the registry or other action under this section on behalf of a person or persons who have not made a written application for support enforcement services to the office of support enforcement and who are not recipients of public assistance is deemed to be a request for payment services only.

             (9) After the responsible parent has been ordered or notified to make payments to the Washington state support registry under this section, the responsible parent shall be fully responsible for making all payments to the Washington state support registry and shall be subject to payroll deduction or other income withholding action. The responsible parent shall not be entitled to credit against a support obligation for any payments made to a person or agency other than to the Washington state support registry except as provided under RCW 74.20.101. A civil action may be brought by the payor to recover payments made to persons or agencies who have received and retained support moneys paid contrary to the provisions of this section.


             Sec. 611. RCW 26.18.100 and 1994 c 230 s 4 are each amended to read as follows:

             The wage assignment order shall be substantially in the following form:

 

IN THE SUPERIOR COURT OF THE

STATE OF WASHINGTON IN AND FOR THE

COUNTY OF . . . . . . . . .

 

. . . . . . .. . . . . . .. . . . . . .. . . . . . .,

             Obligee                                                                 No. . . . .

                       vs.

. . . . . . .. . . . . . .. . . . . . .. . . . . . .,                         WAGE ASSIGNMENT

             Obligor                                                                  ORDER

. . . . . . .. . . . . . .. . . . . . .. . . . . . .,

             Employer

 

THE STATE OF WASHINGTON TO:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

                                                                                                        Employer

 

AND TO:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                                                                                     Obligor

 

             The above-named obligee claims that the above-named obligor is subject to a support order requiring immediate income withholding or is more than fifteen days past due in either child support or spousal maintenance payments, or both, in an amount equal to or greater than the child support or spousal maintenance payable for one month. The amount of the accrued child support or spousal maintenance debt as of this date is . . . . . . dollars, the amount of arrearage payments specified in the support or spousal maintenance order (if applicable) is . . . . . . dollars per . . . . . ., and the amount of the current and continuing support or spousal maintenance obligation under the order is . . . . . . dollars per . . . . . .

             You are hereby commanded to answer this order by filling in the attached form according to the instructions, and you must mail or deliver the original of the answer to the court, one copy to the Washington state support registry, one copy to the obligee or obligee's attorney, and one copy to the obligor within twenty days after service of this wage assignment order upon you.

             If you possess any earnings or other remuneration for employment due and owing to the obligor, then you shall do as follows:

             (1) Withhold from the obligor's earnings or remuneration each month, or from each regular earnings disbursement, the lesser of:

             (a) The sum of the accrued support or spousal maintenance debt and the current support or spousal maintenance obligation;

             (b) The sum of the specified arrearage payment amount and the current support or spousal maintenance obligation; or

             (c) Fifty percent of the disposable earnings or remuneration of the obligor.

             (2) The total amount withheld above is subject to the wage assignment order, and all other sums may be disbursed to the obligor.

             (3) Upon receipt of this wage assignment order you shall make immediate deductions from the obligor's earnings or remuneration and remit to the Washington state support registry or other address specified below the proper amounts at each regular pay interval.

             You shall continue to withhold the ordered amounts from nonexempt earnings or remuneration of the obligor until notified by:

             (a) The court that the wage assignment has been modified or terminated; or

             (b) The addressee specified in the wage assignment order under this section that the accrued child support or spousal maintenance debt has been paid.

             You shall promptly notify the court and the addressee specified in the wage assignment order under this section if and when the employee is no longer employed by you, or if the obligor no longer receives earnings or remuneration from you. If you no longer employ the employee, the wage assignment order shall remain in effect for one year after the employee has left your employment or you are no longer in possession of any earnings or remuneration owed to the employee, whichever is later. You shall continue to hold the wage assignment order during that period. If the employee returns to your employment during the one-year period you shall immediately begin to withhold the employee's earnings according to the terms of the wage assignment order. If the employee has not returned to your employment within one year, the wage assignment will cease to have effect at the expiration of the one-year period, unless you still owe the employee earnings or other remuneration.

             You shall deliver the withheld earnings or remuneration to the Washington state support registry or other address stated below at each regular pay interval.

             You shall deliver a copy of this order to the obligor as soon as is reasonably possible. This wage assignment order has priority over any other wage assignment or garnishment, except for another wage assignment or garnishment for child support or spousal maintenance, or order to withhold or deliver under chapter 74.20A RCW.

 

WHETHER OR NOT YOU OWE ANYTHING TO THE OBLIGOR, YOUR FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR OBLIGOR'S CLAIMED SUPPORT OR SPOUSAL MAINTENANCE DEBT TO THE OBLIGEE OR SUBJECT TO CONTEMPT OF COURT.

 

             NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO REQUEST A HEARING IN THE SUPERIOR COURT THAT ISSUED THIS WAGE ASSIGNMENT ORDER, TO REQUEST THAT THE COURT QUASH, MODIFY, OR TERMINATE THE WAGE ASSIGNMENT ORDER. REGARDLESS OF THE FACT THAT YOUR WAGES ARE BEING WITHHELD PURSUANT TO THIS ORDER, YOU MAY BE DENIED OR HAVE SUSPENDED OR NOT RENEWED A PROFESSIONAL, DRIVER'S, OR OTHER LICENSE IF YOU ACCRUE CHILD SUPPORT ARREARAGES TOTALING MORE THAN SIX MONTHS OF CHILD SUPPORT PAYMENTS OR FAIL TO MAKE PAYMENTS TOWARDS A SUPPORT ARREARAGE IN AN AMOUNT THAT EXCEEDS SIX MONTHS OF PAYMENTS.

 

             DATED THIS . . . . day of . . . ., 19. . .

 

. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .             . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obligee,                                                                                                                             Judge/Court Commissioner

or obligee's attorney

Send withheld payments to:                     . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                                                                                           . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                                                                                           . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                                                                                           . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 



             Sec. 612. RCW 26.23.060 and 1994 c 230 s 10 are each amended to read as follows:

             (1) The office of support enforcement may issue a notice of payroll deduction:

             (a) As authorized by a support order that contains the income withholding notice provisions in RCW 26.23.050 or a substantially similar notice; or

             (b) After service of a notice containing an income withholding provision under this chapter or chapter 74.20A RCW.

             (2) The office of support enforcement shall serve a notice of payroll deduction upon a responsible parent's employer or upon the employment security department for the state in possession of or owing any benefits from the unemployment compensation fund to the responsible parent pursuant to Title 50 RCW by personal service or by any form of mail requiring a return receipt.

             (3) Service of a notice of payroll deduction upon an employer or employment security department requires the employer or employment security department to immediately make a mandatory payroll deduction from the responsible parent's unpaid disposable earnings or unemployment compensation benefits. The employer or employment security department shall thereafter deduct each pay period the amount stated in the notice divided by the number of pay periods per month. The payroll deduction each pay period shall not exceed fifty percent of the responsible parent's disposable earnings.

             (4) A notice of payroll deduction for support shall have priority over any wage assignment, garnishment, attachment, or other legal process.

             (5) The notice of payroll deduction shall be in writing and include:

             (a) The name and social security number of the responsible parent;

             (b) The amount to be deducted from the responsible parent's disposable earnings each month, or alternate amounts and frequencies as may be necessary to facilitate processing of the payroll deduction;

             (c) A statement that the total amount withheld shall not exceed fifty percent of the responsible parent's disposable earnings; ((and))

             (d) The address to which the payments are to be mailed or delivered; and

             (e) A notice to the responsible parent warning the responsible parent that, despite the payroll deduction, the responsible parent's privileges to obtain and maintain a license, as defined in section 502 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 502 of this act.

             (6) An informational copy of the notice of payroll deduction shall be mailed to the last known address of the responsible parent by regular mail.

             (7) An employer or employment security department that receives a notice of payroll deduction shall make immediate deductions from the responsible parent's unpaid disposable earnings and remit proper amounts to the Washington state support registry on each date the responsible parent is due to be paid.

             (8) An employer, or the employment security department, upon whom a notice of payroll deduction is served, shall make an answer to the office of support enforcement within twenty days after the date of service. The answer shall confirm compliance and institution of the payroll deduction or explain the circumstances if no payroll deduction is in effect. The answer shall also state whether the responsible parent is employed by or receives earnings from the employer or receives unemployment compensation benefits from the employment security department, whether the employer or employment security department anticipates paying earnings or unemployment compensation benefits and the amount of earnings. If the responsible parent is no longer employed, or receiving earnings from the employer, the answer shall state the present employer's name and address, if known. If the responsible parent is no longer receiving unemployment compensation benefits from the employment security department, the answer shall state the present employer's name and address, if known.

             (9) The employer or employment security department may deduct a processing fee from the remainder of the responsible parent's earnings after withholding under the notice of payroll deduction, even if the remainder is exempt under RCW 26.18.090. The processing fee may not exceed: (a) Ten dollars for the first disbursement made to the Washington state support registry; and (b) one dollar for each subsequent disbursement to the registry.

             (10) The notice of payroll deduction shall remain in effect until released by the office of support enforcement, the court enters an order terminating the notice and approving an alternate arrangement under RCW 26.23.050(2), or one year has expired since the employer has employed the responsible parent or has been in possession of or owing any earnings to the responsible parent or the employment security department has been in possession of or owing any unemployment compensation benefits to the responsible parent.


PART VII. WELFARE EVALUATION AND EFFECTIVENESS STUDIES


             NEW SECTION. Sec. 701. A new section is added to chapter 44.28 RCW to read as follows:

             (1) The legislative budget committee shall conduct an evaluation of the effectiveness of the programs described in chapter . . ., Laws of 1996 (this act). The evaluation shall assess the success of the programs in assisting clients to become employed and to reduce their use of aid to families with dependent children. It may include, but not be limited to:

             (a) The costs and effectiveness of the programs;

             (b) The extent to which work and job training opportunities have led to employment outcomes and economic independence;

             (c) An analysis of aid to families with dependent children outcomes, including grant amounts and program exits, for clients; and

             (d) An audit of performance-based contracts to providers offering job opportunities and basic skills training program services.

             (2) Administrative data shall be provided by the department of social and health services, the employment security department, the state board for community and technical colleges, local government providers, and private contractors. The department of social and health services shall require contractors to provide administrative and outcome data needed for this evaluation.

             (3) Additional data may be collected directly from clients if not available from administrative records.

             (4) The legislative budget committee may convene an evaluation advisory group to assist in the study process. It may contract for services necessary to accomplish the purposes of this section.

             (5) The legislative budget committee shall present an evaluation plan to the legislature after consultation with the federal government on the design of the evaluation.

             (6) The legislative budget committee shall submit annual reports to the legislature, beginning in December 1999, with a final report due in December 2003, unless an earlier date is recommended by the committee.


PART VIII. MISCELLANEOUS


             Sec. 801. RCW 74.04.005 and 1992 c 165 s 1 and 1992 c 136 s 1 are each reenacted and amended to read as follows:

             For the purposes of this title, unless the context indicates otherwise, the following definitions shall apply:

             (1) "Public assistance" or "assistance"—Public aid to persons in need thereof for any cause, including services, medical care, assistance grants, disbursing orders, work relief, general assistance and federal-aid assistance.

             (2) "Department"—The department of social and health services.

             (3) "County or local office"—The administrative office for one or more counties or designated service areas.

             (4) "Director" or "secretary" means the secretary of social and health services.

             (5) "Federal-aid assistance"—The specific categories of assistance for which provision is made in any federal law existing or hereafter passed by which payments are made from the federal government to the state in aid or in respect to payment by the state for public assistance rendered to any category of needy persons for which provision for federal funds or aid may from time to time be made, or a federally administered needs-based program.

             (6)(a) "General assistance"—Aid to persons in need who:

             (i) Are not eligible to receive federal-aid assistance, other than food stamps and medical assistance; however, an individual who refuses or fails to cooperate in obtaining federal-aid assistance, without good cause, is not eligible for general assistance;

             (ii) Meet one of the following conditions:

             (A) Pregnant: PROVIDED, That need is based on the current income and resource requirements of the federal aid to families with dependent children program: PROVIDED FURTHER, That during any period in which an aid for dependent children employable program is not in operation, only those pregnant women who are categorically eligible for medicaid are eligible for general assistance; or

             (B) Subject to chapter 165, Laws of 1992, incapacitated from gainful employment by reason of bodily or mental infirmity that will likely continue for a minimum of ninety days as determined by the department.

             (C) Persons who are unemployable due to alcohol or drug addiction are not eligible for general assistance. Persons receiving general assistance on July 26, 1987, or becoming eligible for such assistance thereafter, due to an alcohol or drug-related incapacity, shall be referred to appropriate assessment, treatment, shelter, or supplemental security income referral services as authorized under chapter 74.50 RCW. Referrals shall be made at the time of application or at the time of eligibility review. Alcoholic and drug addicted clients who are receiving general assistance on July 26, 1987, may remain on general assistance if they otherwise retain their eligibility until they are assessed for services under chapter 74.50 RCW. Subsection (6)(a)(ii)(B) of this section shall not be construed to prohibit the department from granting general assistance benefits to alcoholics and drug addicts who are incapacitated due to other physical or mental conditions that meet the eligibility criteria for the general assistance program;

             (iii) Are citizens or aliens lawfully admitted for permanent residence or otherwise residing in the United States under color of law; and

             (iv) Have furnished the department their social security account number. If the social security account number cannot be furnished because it has not been issued or is not known, an application for a number shall be made prior to authorization of assistance, and the social security number shall be provided to the department upon receipt.

             (b) Notwithstanding the provisions of subsection (6)(a)(i), (ii), and (c) of this section, general assistance shall be provided to the following recipients of federal-aid assistance:

             (i) Recipients of supplemental security income whose need, as defined in this section, is not met by such supplemental security income grant because of separation from a spouse; or

             (ii) To the extent authorized by the legislature in the biennial appropriations act, to recipients of aid to families with dependent children whose needs are not being met because of a temporary reduction in monthly income below the entitled benefit payment level caused by loss or reduction of wages or unemployment compensation benefits or some other unforeseen circumstances. The amount of general assistance authorized shall not exceed the difference between the entitled benefit payment level and the amount of income actually received.

             (c) General assistance shall be provided only to persons who are not members of assistance units receiving federal aid assistance, except as provided in subsection (6)(a)(ii)(A) and (b) of this section, and will accept available services which can reasonably be expected to enable the person to work or reduce the need for assistance unless there is good cause to refuse. Failure to accept such services shall result in termination until the person agrees to cooperate in accepting such services and subject to the following maximum periods of ineligibility after reapplication:

             (i) First failure: One week;

             (ii) Second failure within six months: One month;

             (iii) Third and subsequent failure within one year: Two months.

             (d) Persons found eligible for general assistance based on incapacity from gainful employment may, if otherwise eligible, receive general assistance pending application for federal supplemental security income benefits. Any general assistance that is subsequently duplicated by the person's receipt of supplemental security income for the same period shall be considered a debt due the state and shall by operation of law be subject to recovery through all available legal remedies.

             (e) The department shall adopt by rule medical criteria for general assistance eligibility to ensure that eligibility decisions are consistent with statutory requirements and are based on clear, objective medical information.

             (f) The process implementing the medical criteria shall involve consideration of opinions of the treating or consulting physicians or health care professionals regarding incapacity, and any eligibility decision which rejects uncontroverted medical opinion must set forth clear and convincing reasons for doing so.

             (g) Recipients of general assistance based upon a finding of incapacity from gainful employment who remain otherwise eligible shall not have their benefits terminated absent a clear showing of material improvement in their medical or mental condition or specific error in the prior determination that found the recipient eligible by reason of incapacitation. Recipients of general assistance based upon pregnancy who relinquish their child for adoption, remain otherwise eligible, and are not eligible to receive benefits under the federal aid to families with dependent children program shall not have their benefits terminated until the end of the month in which the period of six weeks following the birth of the recipient's child falls. Recipients of the federal aid to families with dependent children program who lose their eligibility solely because of the birth and relinquishment of the qualifying child may receive general assistance through the end of the month in which the period of six weeks following the birth of the child falls.

             (7) "Applicant"—Any person who has made a request, or on behalf of whom a request has been made, to any county or local office for assistance.

             (8) "Recipient"—Any person receiving assistance and in addition those dependents whose needs are included in the recipient's assistance.

             (9) "Standards of assistance"—The level of income required by an applicant or recipient to maintain a level of living specified by the department.

             (10) "Resource"—Any asset, tangible or intangible, owned by or available to the applicant at the time of application, which can be applied toward meeting the applicant's need, either directly or by conversion into money or its equivalent: PROVIDED, That an applicant may retain the following described resources and not be ineligible for public assistance because of such resources.

             (a) A home, which is defined as real property owned and used by an applicant or recipient as a place of residence, together with a reasonable amount of property surrounding and contiguous thereto, which is used by and useful to the applicant. Whenever a recipient shall cease to use such property for residential purposes, either for himself or his dependents, the property shall be considered as a resource which can be made available to meet need, and if the recipient or his dependents absent themselves from the home for a period of ninety consecutive days such absence, unless due to hospitalization or health reasons or a natural disaster, shall raise a rebuttable presumption of abandonment: PROVIDED, That if in the opinion of three physicians the recipient will be unable to return to the home during his lifetime, and the home is not occupied by a spouse or dependent children or disabled sons or daughters, such property shall be considered as a resource which can be made available to meet need.

             (b) Household furnishings and personal effects and other personal property having great sentimental value to the applicant or recipient, as limited by the department consistent with limitations on resources and exemptions for federal aid assistance.

             (c) A motor vehicle, other than a motor home, used and useful having an equity value not to exceed ((one)) five thousand ((five hundred)) dollars.

             (d) All other resources, including any excess of values exempted, not to exceed one thousand dollars or other limit as set by the department, to be consistent with limitations on resources and exemptions necessary for federal aid assistance. The department shall also allow recipients of aid to families with dependent children to exempt savings accounts with combined balances of up to an additional three thousand dollars.

             (e) Applicants for or recipients of general assistance shall have their eligibility based on resource limitations consistent with the aid to families with dependent children program rules adopted by the department.

             (f) If an applicant for or recipient of public assistance possesses property and belongings in excess of the ceiling value, such value shall be used in determining the need of the applicant or recipient, except that: (i) The department may exempt resources or income when the income and resources are determined necessary to the applicant's or recipient's restoration to independence, to decrease the need for public assistance, or to aid in rehabilitating the applicant or recipient or a dependent of the applicant or recipient; and (ii) the department may provide grant assistance for a period not to exceed nine months from the date the agreement is signed pursuant to this section to persons who are otherwise ineligible because of excess real property owned by such persons when they are making a good faith effort to dispose of that property: PROVIDED, That:

             (A) The applicant or recipient signs an agreement to repay the lesser of the amount of aid received or the net proceeds of such sale;

             (B) If the owner of the excess property ceases to make good faith efforts to sell the property, the entire amount of assistance may become an overpayment and a debt due the state and may be recovered pursuant to RCW 43.20B.630;

             (C) Applicants and recipients are advised of their right to a fair hearing and afforded the opportunity to challenge a decision that good faith efforts to sell have ceased, prior to assessment of an overpayment under this section; and

             (D) At the time assistance is authorized, the department files a lien without a sum certain on the specific property.

             (11) "Income"—(a) All appreciable gains in real or personal property (cash or kind) or other assets, which are received by or become available for use and enjoyment by an applicant or recipient during the month of application or after applying for or receiving public assistance. The department may by rule and regulation exempt income received by an applicant for or recipient of public assistance which can be used by him to decrease his need for public assistance or to aid in rehabilitating him or his dependents, but such exemption shall not, unless otherwise provided in this title, exceed the exemptions of resources granted under this chapter to an applicant for public assistance. In determining the amount of assistance to which an applicant or recipient of aid to families with dependent children is entitled, the department is hereby authorized to disregard as a resource or income the earned income exemptions consistent with federal requirements. The department may permit the above exemption of earnings of a child to be retained by such child to cover the cost of special future identifiable needs even though the total exceeds the exemptions or resources granted to applicants and recipients of public assistance, but consistent with federal requirements. In formulating rules and regulations pursuant to this chapter, the department shall define income and resources and the availability thereof, consistent with federal requirements. All resources and income not specifically exempted, and any income or other economic benefit derived from the use of, or appreciation in value of, exempt resources, shall be considered in determining the need of an applicant or recipient of public assistance.

             (b) If, under applicable federal requirements, the state has the option of considering property in the form of lump sum compensatory awards or related settlements received by an applicant or recipient as income or as a resource, the department shall consider such property to be a resource.

             (12) "Need"—The difference between the applicant's or recipient's standards of assistance for himself and the dependent members of his family, as measured by the standards of the department, and value of all nonexempt resources and nonexempt income received by or available to the applicant or recipient and the dependent members of his family.

             (13) "Caretaker" means the parent of the dependent child or children who is head of the household. However, in situations where there are two parents in the household, "caretaker" means that parent who, as a parent, has received assistance under the program for the longest period.

             (14) For purposes of determining eligibility for public assistance and participation levels in the cost of medical care, the department shall exempt restitution payments made to people of Japanese and Aleut ancestry pursuant to the Civil Liberties Act of 1988 and the Aleutian and Pribilof Island Restitution Act passed by congress, P.L. 100-383, including all income and resources derived therefrom.

             (((14))) (15) In the construction of words and phrases used in this title, the singular number shall include the plural, the masculine gender shall include both the feminine and neuter genders and the present tense shall include the past and future tenses, unless the context thereof shall clearly indicate to the contrary.

             (16) Except for subsections (17) and (18) of this section, section 601, chapter . . ., Laws of 1996 (this section) shall not take effect if sections 301, 302, 305, and 306 of this act do not become law.

             (17) Section 1, chapter 136, Laws of 1992 is repealed if sections 301, 302, 305, and 306 of this act do not become law.

             (18) Section 1, chapter 165, Laws of 1992 is repealed if sections 301, 302, 305, and 306 of this act do not become law.


             NEW SECTION. Sec. 802. A new section is added to chapter 26.23 RCW to read as follows:

             (1) The office of support enforcement shall enter into contracts with collection agencies for collection of accounts that the office of support enforcement is unsuccessful in collecting after twelve months. The listing collection agency shall not assess the department of social and health services any fee. All fees collected shall be in addition to the amount of the debt owed by the delinquent party and shall be assessed to the delinquent party not to exceed twenty percent of the amount owed. All child support collected by the collection agency shall be paid to the state.

             (2) The department of social and health services shall monitor each case that it refers to a collection agency.

             (3) The department of social and health services shall evaluate the effectiveness of entering into contracts for services under this section.

             (4) The department of social and health services shall provide annual reports to the legislature on the results of its analysis under subsections (2) and (3) of this section for the first three years after the effective date of this section.


             NEW SECTION. Sec. 803. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state. As used in this section, "allocation of federal funds to the state" means the allocation of federal funds that are appropriated by the legislature to the department of social and health services and on which the department depends for carrying out any provision of the operating budget applicable to it.


             Sec. 804. RCW 74.08.025 and 1981 1st ex.s. c 6 s 9 are each amended to read as follows:

             Public assistance ((shall)) may be awarded to any applicant:

             (1) Who is in need and otherwise meets the eligibility requirements of department assistance programs; and

             (2) Who has not made a voluntary assignment of property or cash for the purpose of qualifying for an assistance grant; and

             (3) Who is not an inmate of a public institution except as a patient in a medical institution or except as an inmate in a public institution who could qualify for federal aid assistance: PROVIDED, That the assistance paid by the department to recipients in nursing homes, or receiving nursing home care, may cover the cost of clothing and incidentals and general maintenance exclusive of medical care and health services. The department may pay a grant to cover the cost of clothing and personal incidentals in public or private medical institutions and institutions for tuberculosis. The department shall allow recipients in nursing homes to retain, in addition to the grant to cover the cost of clothing and incidentals, wages received for work as a part of a training or rehabilitative program designed to prepare the recipient for less restrictive placement to the extent permitted under Title XIX of the federal social security act.


             Sec. 805. RCW 74.08.080 and 1989 c 175 s 145 are each amended to read as follows:

             (1)(a) A public assistance applicant or recipient who is aggrieved by a decision of the department or an authorized agency of the department has the right to an adjudicative proceeding. A current or former recipient who is aggrieved by a department claim that he or she owes a debt for an overpayment of assistance or food stamps, or both, has the right to an adjudicative proceeding.

             (b) An applicant or recipient has no right to an adjudicative proceeding when the sole basis for the department's decision is a state or federal law that requires an assistance adjustment for a class of recipients.

             (c) An applicant or recipient may not use the defense of equitable estoppel or any other equitable defenses in any adjudicative proceeding involving public assistance.

             (2) The adjudicative proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW, and this subsection.

             (a) The applicant or recipient must file the application for an adjudicative proceeding with the secretary within ninety days after receiving notice of the aggrieving decision.

             (b) The hearing shall be conducted at the local community services office or other location in Washington convenient to the appellant.

             (c) The appellant or his or her representative has the right to inspect his or her department file and, upon request, to receive copies of department documents relevant to the proceedings free of charge.

             (d) The appellant has the right to a copy of the tape recording of the hearing free of charge.

             (e) The department is limited to recovering an overpayment arising from assistance being continued pending the adjudicative proceeding to the amount recoverable up to the sixtieth day after the secretary's receipt of the application for an adjudicative proceeding.

             (f) If the final adjudicative order is made in favor of the appellant, assistance shall be paid from the date of denial of the application for assistance or thirty days following the date of application for aid to families with dependent children or forty-five days after date of application for all other programs, whichever is sooner; or in the case of a recipient, from the effective date of the local community services office decision.

             (g) This subsection applies only to an adjudicative proceeding in which the appellant is an applicant for or recipient of medical assistance or the limited casualty program for the medically needy and the issue is his or her eligibility or ineligibility due to the assignment or transfer of a resource. The burden is on the department to prove by a preponderance of the evidence that the person knowingly and willingly assigned or transferred the resource at less than market value for the purpose of qualifying or continuing to qualify for medical assistance or the limited casualty program for the medically needy. If the prevailing party in the adjudicative proceeding is the applicant or recipient, he or she is entitled to reasonable attorney's fees.

             (3)(a) When a person files a petition for judicial review as provided in RCW 34.05.514 of an adjudicative order entered in a public assistance program, no filing fee shall be collected from the person and no bond shall be required on any appeal. In the event that the superior court, the court of appeals, or the supreme court renders a decision in favor of the appellant, said appellant shall be entitled to reasonable attorney's fees and costs. If a decision of the court is made in favor of the appellant, assistance shall be paid from date of the denial of the application for assistance or thirty days after the application for aid to families with dependent children or forty-five days following the date of application, whichever is sooner; or in the case of a recipient, from the effective date of the local community services office decision.


             Sec. 806. RCW 74.08.340 and 1959 c 26 s 74.08.340 are each amended to read as follows:

             All assistance granted under this title shall be deemed to be granted and to be held subject to the provisions of any amending or repealing act that may hereafter be enacted, and no recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by such amending or repealing act. There is no entitlement to public assistance. Public assistance shall be considered solely as a charitable gesture or gift on the part of the state, which at any time may be discontinued.


             NEW SECTION. Sec. 807. The following acts or parts of acts are each repealed:

             (1) RCW 74.08.120 and 1992 c 108 s 2, 1987 c 75 s 39, 1981 1st ex.s. c 6 s 15, 1981 c 8 s 12, 1979 c 141 s 326, 1969 ex.s. c 259 s 1, 1969 ex.s. c 159 s 1, 1965 ex.s. c 102 s 1, & 1959 c 26 s 74.08.120;

             (2) RCW 74.08.125 and 1993 c 22 s 1 & 1992 c 108 s 3; and

             (3) RCW 74.12.420 and 1994 c 299 s 9.


             NEW SECTION. Sec. 808. A new section is added to chapter 74.12 RCW to read as follows:

             The department of health, the department of licensing, the board of pilotage commissioners, and the department of fish and wildlife shall implement federal law requiring revocation of professional, business, occupational and recreational licenses, certificates, and registrations if such federal requirements become law and are a condition of continued receipt of federal funds for public assistance programs.


             NEW SECTION. Sec. 809. The child care coordinating council shall develop a proposal to exempt from time limits specified in chapter . . ., Laws of 1996 (this act), caretakers who provide paid child care services for other caretakers who participate in either job opportunities and basic skills training program activities or paid employment. The proposal shall specify the minimum hours of child care to be provided, reimbursement rates for services rendered, the number of children who may be cared for, and recommended training and licensing standards. The council shall submit the proposal to the appropriate committees of the senate and house of representatives no later than December 1, 1996.


             NEW SECTION. Sec. 810. Until July 1, 1998, the governor shall report quarterly to the appropriate committees of the legislature on the efforts to secure the federal changes to permit full implementation of this act at the earliest possible date.


             NEW SECTION. Sec. 811. The table of contents, part headings, subheadings, and captions used in this act do not constitute any part of the law.


             NEW SECTION. Sec. 812. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


             NEW SECTION. Sec. 813. If specific funding for purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, this act is null and void."


             On page 1, line 1 of the title, after "work;" strike the remainder of the title and insert "amending RCW 74.25.010, 74.25.020, 26.16.205, 74.20A.020, 74.12.255, 74.04.0052, 13.34.160, 74.12.250, 46.20.291, 46.20.311, 18.04.335, 18.08.350, 18.08.350, 18.11.160, 18.16.100, 18.27.030, 18.27.060, 18.28.060, 18.39.181, 18.46.050, 18.51.054, 18.96.120, 18.96.150, 18.104.110, 18.106.070, 18.130.050, 18.130.120, 18.130.150, 18.160.080, 18.165.160, 18.170.170, 43.20A.205, 43.70.115, 19.28.120, 19.28.125, 19.28.310, 19.28.550, 19.28.580, 19.30.030, 19.30.060, 19.16.110, 19.16.120, 19.31.100, 19.31.130, 19.32.040, 19.32.060, 19.105.330, 19.105.380, 19.105.440, 19.138.130, 19.158.050, 19.166.040, 21.20.070, 21.20.110, 66.20.320, 67.08.040, 67.08.100, 19.02.100, 43.24.080, 43.24.110, 43.24.120, 70.74.110, 70.74.130, 70.74.135, 70.74.360, 70.74.370, 66.24.010, 43.63B.040, 70.95D.040, 17.21.130, 17.21.132, 64.44.060, 19.146.210, 19.146.220, 26.09.160, 26.09.165, 26.23.050, 26.18.100, 26.23.060, 74.08.025, 74.08.080, and 74.08.340; reenacting and amending RCW 18.145.080 and 74.04.005; adding new sections to chapter 74.25 RCW; adding a new section to chapter 74.13 RCW; adding new sections to chapter 74.12 RCW; adding new sections to chapter 74.20A RCW; adding a new section to chapter 48.22 RCW; adding a new section to chapter 2.48 RCW; adding a new section to chapter 18.04 RCW; adding a new section to chapter 18.08 RCW; adding a new section to chapter 18.16 RCW; adding a new section to chapter 18.20 RCW; adding a new section to chapter 18.28 RCW; adding a new section to chapter 18.39 RCW; adding a new section to chapter 18.43 RCW; adding a new section to chapter 18.44 RCW; adding a new section to chapter 18.51 RCW; adding a new section to chapter 18.76 RCW; adding a new section to chapter 18.85 RCW; adding a new section to chapter 18.96 RCW; adding a new section to chapter 18.104 RCW; adding a new section to chapter 18.106 RCW; adding a new section to chapter 18.130 RCW; adding a new section to chapter 18.140 RCW; adding a new section to chapter 18.145 RCW; adding a new section to chapter 18.165 RCW; adding a new section to chapter 18.170 RCW; adding a new section to chapter 18.175 RCW; adding a new section to chapter 18.185 RCW; adding a new section to chapter 28A.410 RCW; adding a new section to chapter 20.01 RCW; adding a new section to chapter 48.17 RCW; adding a new section to chapter 74.15 RCW; adding a new section to chapter 47.68 RCW; adding a new section to chapter 71.12 RCW; adding a new section to chapter 66.20 RCW; adding a new section to chapter 66.24 RCW; adding a new section to chapter 88.02 RCW; adding a new section to chapter 43.24 RCW; adding a new section to chapter 70.95B RCW; adding a new section to chapter 26.09 RCW; adding a new section to chapter 44.28 RCW; adding a new section to chapter 26.23 RCW; creating new sections; repealing RCW 74.08.120, 74.08.125, and 74.12.420; repealing 1993 c 312 s 7; repealing 1992 c 136 s 1; repealing 1992 c 165 s 1; and providing contingent effective dates."


             Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Basich; Brumsickle; Carlson; Cooke; Crouse; Dellwo; Dyer; Grant; Hickel; Jacobsen; Lambert; McMorris; Reams; Sehlin; Sheahan; Silver; Smith and Talcott.

 

MINORITY recommendation: Do not pass. Signed by Representatives H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Chappell; Kessler; Linville; Poulsen; Rust and Wolfe.


             Voting Yea: Representatives Huff, Clements, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Hickel, Lambert, McMorris, Reams, Sehlin, Sheahan, Silver, Smith and Talcott.

             Voting Nay: Representatives H. Sommers, Valle, Basich, Chappell, Dellwo, Grant, Jacobsen, Kessler, Linville, Poulsen, Rust and Wolfe.

             Excused: Representatives Pelesky and Beeksma.


             Passed to Committee on Rules for second reading.


February 26, 1996

SSB 6078          Prime Sponsor, Committee on Transportation: Representing regional transit authority projects. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 81.104.140 and 1992 c 101 s 25 are each amended to read as follows:

             (1) Agencies authorized to provide high capacity transportation service, including transit agencies and regional transit authorities, are hereby granted dedicated funding sources for such systems. These dedicated funding sources, as set forth in RCW 81.104.150, 81.104.160, and 81.104.170, are authorized only for agencies located in (a) each county with a population of two hundred ten thousand or more and (b) each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand except for those counties that do not border a county with a population as described under (a) of this subsection. In any county with a population of one million or more or in any county having a population of four hundred thousand or more bordering a county with a population of one million or more, these funding sources may be imposed only by a regional transit authority.

             (2) Agencies planning to construct and operate a high capacity transportation system should also seek other funds, including federal, state, local, and private sector assistance.

             (3) Funding sources should satisfy each of the following criteria to the greatest extent possible:

             (a) Acceptability;

             (b) Ease of administration;

             (c) Equity;

             (d) Implementation feasibility;

             (e) Revenue reliability; and

             (f) Revenue yield.

             (4) Agencies participating in regional high capacity transportation system development are authorized to levy and collect the following voter-approved local option funding sources:

             (a) Employer tax as provided in RCW 81.104.150;

             (b) Special motor vehicle excise tax as provided in RCW 81.104.160; and

             (c) Sales and use tax as provided in RCW 81.104.170.

             Revenues from these taxes may be used only to support those purposes prescribed in subsection (10) of this section. Before the date of an election authorizing an agency to impose any of the taxes enumerated in this section and authorized in RCW 81.104.150, 81.104.160, and 81.104.170, the agency must comply with the process prescribed in RCW 81.104.100 (1) and (2) and 81.104.110. No construction on exclusive right of way may occur before the requirements of RCW 81.104.100(3) are met.

             (5) Authorization in subsection (4) of this section shall not adversely affect the funding authority of transit agencies not provided for in this chapter. Local option funds may be used to support implementation of interlocal agreements with respect to the establishment of regional high capacity transportation service. Except when a regional transit authority exists, local jurisdictions shall retain control over moneys generated within their boundaries, although funds may be commingled with those generated in other areas for planning, construction, and operation of high capacity transportation systems as set forth in the agreements.

             (6) Agencies planning to construct and operate high capacity transportation systems may contract with the state for collection and transference of voter-approved local option revenue.

             (7) Dedicated high capacity transportation funding sources authorized in RCW 81.104.150, 81.104.160, and 81.104.170 shall be subject to voter approval by a simple majority. A single ballot proposition may seek approval for one or more of the authorized taxing sources. ((The ballot title shall reference the document identified in subsection (8) of this section.))

             (8) ((Agencies shall provide to the registered voters in the area a document describing the systems plan and the financing plan set forth in RCW 81.104.100. It shall also describe the relationship of the system to regional issues such as development density at station locations and activity centers, and the interrelationship of the system to adopted land use and transportation demand management goals within the region. This document shall be provided to the voters at least twenty days prior to the date of the election.)) When making public representations about revenues available to support a proposed project, agencies shall not assume, nor imply the availability of, state funds unless those funds have been specifically authorized. Any assumptions of federal funds shall be based on authorizations in the current six-year transportation authorization law and subsequent appropriations therefrom.

             (9) For any election in which voter approval is sought for a high capacity transportation system plan and financing plan pursuant to RCW 81.104.040, a local voter's pamphlet shall be produced as provided in chapter 29.81A RCW.

             (10) Agencies providing high capacity transportation service shall retain responsibility for revenue encumbrance, disbursement, and bonding. Funds may be used for any purpose relating to planning, construction, and operation of high capacity transportation systems and commuter rail systems, personal rapid transit, busways, bus sets, and entrained and linked buses."


             In line 2 of the title, after "projects;" strike the remainder of the title and insert "and amending RCW 81.104.140."


             Signed by Representatives K. Schmidt, Chairman; Mitchell, Vice Chairman; Skinner, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Backlund; Blanton; Buck; Cairnes; Chopp; Elliot; Hankins; Horn; Johnson; McMahan; Ogden; Patterson; Quall; Robertson; Romero; D. Schmidt; Scott; Sterk and Tokuda.


             Voting Yea: Representatives K. Schmidt, Skinner, Mitchell, R. Fisher, Hatfield, Blanton, Buck, Cairnes, Chopp, Elliot, Hankins, Johnson, McMahan, Ogden, Quall, Robertson, Romero, D. Schmidt, Sterk and Tokuda.

             Excused: Representatives Benton, Backlund, Brown, Chandler, Horn, Patterson and Scott.


             Passed to Committee on Rules for second reading.


February 26, 1996

SSB 6111          Prime Sponsor, Ways & Means: Providing for 911 emergency communications funding. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. (1) The legislature finds that:

             (a) The state enhanced 911 excise tax imposed at the current rate of twenty cents per switched access line per month generates adequate tax revenues to enhance the 911 telephone system for switched access lines state-wide by December 31, 1998, as mandated in RCW 38.52.510;

             (b) The tax revenues generated from the state enhanced 911 excise tax when the tax rate decreases to a maximum of ten cents per switched access line on January 1, 1999, will not be adequate to fund the long-term operation and equipment replacement costs for the enhanced 911 telephone systems in the counties that receive financial assistance from the state enhanced 911 office;

             (c) Some counties will need financial assistance from the state enhanced 911 office to implement and maintain enhanced 911 for radio access lines because the tax revenue generated from the county enhanced 911 excise tax on radio access lines is not adequate;

             (d) Some counties currently incur costs due to enhanced 911 calls from radio access lines that are not eligible for funding under chapter 365-300 WAC;

             (e) The tax revenues generated when the state enhanced 911 excise tax rate drops to a maximum of ten cents per switched access line on January 1, 1999, will not be adequate to implement and maintain enhanced 911 for radio access lines in counties that require financial assistance from the state;

             (f) The state does not impose the state enhanced 911 excise tax on radio access lines;

             (g) Counties should not request state financial assistance for implementation and maintenance of enhanced 911 for switched access lines or radio access lines unless the county has imposed the maximum enhanced 911 tax authorized in RCW 82.14B.030; and

             (h) Counties that provide 911 service through intergovernmental agencies may not be eligible for county or city risk pools and must purchase insurance on an individual basis. Insurance costs are increasing for these counties. Insurance costs could be reduced if county 911 centers were granted immunity from civil liability except for an act or omission constituting gross negligence or wanton or willful misconduct.

             (2) The intent of this act is to acknowledge the recommendations contained in the report the legislature dated July 1, 1995, entitled "Enhanced 911 Excise Taxes" to insure long-term funding of the enhanced 911 emergency telephone systems.


             Sec. 2. RCW 82.14B.030 and 1994 c 96 s 3 are each amended to read as follows:

             (1) The legislative authority of a county may impose a county enhanced 911 excise tax on the use of switched access lines in an amount not exceeding fifty cents per month for each switched access line. The amount of tax shall be uniform for each switched access line. Each county shall provide notice of such tax to all local exchange companies serving in the county at least sixty days in advance of the date on which the first payment is due.

             (2) The legislative authority of a county may also impose a county 911 excise tax on the use of radio access lines located within the county in an amount not exceeding twenty-five cents per month for each radio access line. The amount of tax shall be uniform for each radio access line. The county shall provide notice of such tax to all radio communications service companies serving in the county at least sixty days in advance of the date on which the first payment is due. Any county imposing this tax shall include in its ordinance a refund mechanism whereby the amount of any tax ordered to be refunded by the judgment of a court of record, or as a result of the resolution of any appeal therefrom, shall be refunded to the radio communications service company or local exchange company that collected the tax, and those companies shall reimburse the users who paid the tax. The ordinance shall further provide that to the extent the users who paid the tax cannot be identified or located, the tax paid by those users shall be returned to the county.

             (3) ((Beginning January 1, 1992,)) A state enhanced 911 excise tax is imposed on the use of all switched access lines and all radio access lines in the state. ((For 1992, the tax shall be set at a rate of twenty cents per month for each switched access line. Until December 31, 1998,)) The amount of tax shall not exceed twenty cents per month for each switched access line ((and thereafter shall not exceed ten cents per month for each switched access line)) or radio access line. The tax shall be uniform for each switched access line or radio access line. The tax imposed under this subsection shall be remitted to the state treasurer by local exchange companies and radio communications service companies on a tax return provided by the military department within thirty days after the end of the month in which the tax was collected. A local exchange company that serves less than two percent of the access lines in the state of Washington may remit the tax to the state treasurer thirty days after the last day of the calendar quarter in which the tax was due to the local exchange company. Tax proceeds shall be deposited by the treasurer in the enhanced 911 account created in RCW 38.52.540.

             (4) By August 31st of each year the state enhanced 911 coordinator shall recommend the level for the next year of the state enhanced 911 excise tax, based on a systematic cost and revenue analysis, to the utilities and transportation commission. The commission shall by the following October 31st determine the level of the state enhanced 911 excise tax on switched access lines for the following year. The state enhanced 911 excise tax rate on radio access lines shall be the same as the state enhanced 911 excise tax rate on switched access lines.


             Sec. 3. RCW 38.52.540 and 1994 c 96 s 7 are each amended to read as follows:

             The enhanced 911 account is created in the state treasury. All receipts from the state enhanced 911 excise tax imposed by RCW 82.14B.030 shall be deposited into the account. Moneys in the account shall be used only to help implement and operate enhanced 911 state-wide((, and to conduct a study of the tax base and rate for the 911 excise tax)). All receipts from the state enhanced 911 excise tax on radio access lines imposed by RCW 82.14B.030 shall be used to fund planning and implementation of enhanced 911 for radio access lines, and to assist counties that need additional resources to cover unfunded costs that can be shown to result from handling 911 calls from radio access line callers, until automatic location identification is operational for radio access line subscribers in all the counties in Washington state. However, funds shall not be distributed to any county that has not imposed the maximum county enhanced 911 taxes allowed under RCW 82.14B.030 (1) and (2). The state enhanced 911 coordinator, with the advice and assistance of the enhanced 911 advisory committee, shall specify by rule the purposes for which moneys may be expended from this account.


             NEW SECTION. Sec. 4. Sections 1 through 3 of this act shall take effect January 1, 1997.


             NEW SECTION. Sec. 5. This act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."


             On page 1, line 3 of the title, after "funding;" strike the remainder of the title and insert "amending RCW 82.14B.030 and 38.52.540; creating a new section; providing an effective date; and providing for submission of this act to a vote of the people."


             Signed by Representatives B. Thomas, Chairman; Boldt, Vice Chairman; Dickerson, Assistant Ranking Minority Member; Hymes; Mason; Mulliken; Schoesler and Sheldon.

 

MINORITY recommendation: Do not pass. Signed by Representatives Carrell, Vice Chairman; Pennington and Van Luven.


             Voting Yea: Representatives B. Thomas, Boldt, Dickerson, Hymes, Mason, Mulliken, Schoesler and Sheldon.

             Voting Nay: Representatives Carrell, Pennington and Van Luven.

             Excused: Representative Morris.


             Passed to Committee on Rules for second reading.


February 26, 1996

E2SSB 6146     Prime Sponsor, Committee on Ways & Means: Revising procedures for minimizing property damage by wildlife. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Clements, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Brumsickle; Carlson; Chappell; Cooke; Crouse; Dellwo; Dyer; Foreman; Grant; Hickel; Jacobsen; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.


             Voting Yea: Representatives Huff, Clements, H. Sommers, Valle, Basich, Brumsickle, Carlson, Chappell, Cooke, Crouse, Dellwo, Dyer, Foreman, Grant, Hickel, Jacobsen, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Excused: Representatives Pelesky and Beeksma.


             Passed to Committee on Rules for second reading.


February 26, 1996

SSB 6173          Prime Sponsor, Committee on Labor, Commerce & Trade: Regulating motor vehicle dealers. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 46.70.023 and 1995 c 7 s 1 are each amended to read as follows:

             (1) An "established place of business" requires a permanent, enclosed commercial building located within the state of Washington easily accessible at all reasonable times. ((An established place of business shall have an improved display area of not less than three thousand square feet in or immediately adjoining the building, or a display area large enough to display six or more vehicles of the type the dealer is licensed to sell, whichever area is larger.)) The business of a vehicle dealer((, including the display of vehicles, may)) must be lawfully carried on at an established place of business in accordance with the terms of all applicable building code, zoning, and other land-use regulatory ordinances. A vehicle dealer may display a vehicle for sale only at its established place of business, licensed subagency, or temporary subagency site, except at auction. The dealer shall keep the building open to the public so that ((they)) the public may contact the vehicle dealer or the dealer's salespersons at all reasonable times. The books, records, and files necessary to conduct the business shall be kept and maintained at that place. The established place of business shall display an exterior sign with the business name and nature of the business, such as auto sales, permanently affixed to the land or building, with letters clearly visible to the major avenue of traffic. ((In no event may)) A room or rooms in a hotel, rooming house, or apartment house building or part of a single or multiple-unit dwelling house may not be considered an "established place of business" unless the ground floor of such a dwelling is devoted principally to and occupied for commercial purposes and the dealer offices are located on the ground floor. A mobile office or mobile home may be used as an office if it is connected to utilities and is set up in accordance with state law. A state-wide trade association representing manufactured housing dealers shall be permitted to use a manufactured home as an office if the office complies with all other applicable building code, zoning, and other land-use regulatory ordinances. This subsection does not apply to auction companies that do not own vehicle inventory or sell vehicles from an auction yard.

             (2) An auction company shall have office facilities within the state. The books, records, and files necessary to conduct the business shall be maintained at the office facilities. All storage facilities for inventory shall be listed with the department, and shall meet local zoning and land use ordinances. An auction company shall maintain a telecommunications system.

             (3) Auction companies shall post their vehicle dealer license at each auction where vehicles are offered, and shall provide the department with the address of the auction at least three days before the auction.

             (4) If a dealer maintains a place of business at more than one location or under more than one name in this state, he or she shall designate one location as the principal place of business of the firm, one name as the principal name of the firm, and all other locations or names as subagencies. A subagency license is required for each and every subagency: PROVIDED, That the department may grant an exception to the subagency requirement in the specific instance where a licensed dealer is unable to locate their used vehicle sales facilities adjacent to or at the established place of business. This exception shall be granted and defined under the promulgation of rules consistent with the Administrative Procedure Act.

             (5) All vehicle dealers shall maintain ownership or leasehold throughout the license year of the real property from which they do business. The dealer shall provide the department with evidence of ownership or leasehold whenever the ownership changes or the lease is terminated.

             (6) A subagency shall comply with all requirements of an established place of business, except that subagency records may be kept at the principal place of business designated by the dealer. Auction companies shall comply with the requirements in subsection (2) of this section.

             (7) A temporary subagency shall meet all local zoning and building codes for the type of merchandising being conducted. The dealer license certificate shall be posted at the location. No other requirements of an established place of business apply to a temporary subagency. Auction companies are not required to obtain a temporary subagency license.

             (8) A wholesale vehicle dealer shall have office facilities in a commercial building within this state, and all storage facilities for inventory shall be listed with the department, and shall meet local zoning and land use ordinances. A wholesale vehicle dealer shall maintain a telecommunications system. An exterior sign visible from the nearest street shall identify the business name and the nature of business. A wholesale dealer need not maintain a display area as required in this section. When two or more vehicle dealer businesses share a location, all records, office facilities, and inventory, if any, must be physically segregated and clearly identified.

             (9) A retail vehicle dealer shall be open during normal business hours, maintain office and display facilities in a commercially zoned location or in a location complying with all applicable building and land use ordinances, and maintain a business telephone listing in the local directory. When two or more vehicle dealer businesses share a location, all records, office facilities, and inventory shall be physically segregated and clearly identified.

             (10) A listing dealer need not have a display area if the dealer does not physically maintain any vehicles for display.

             (11) A subagency license is not required for a mobile home dealer to display an on-site display model, a consigned mobile home not relocated from its site, or a repossessed mobile home if sales are handled from a principal place of business or subagency. A mobile home dealer shall identify on-site display models, repossessed mobile homes, and those consigned at their sites with a sign that includes the dealer's name and telephone number.

             (12) Every vehicle dealer shall advise the department of the location of each and every place of business of the firm and the name or names under which the firm is doing business at such location or locations. If any name or location is changed, the dealer shall notify the department of such change within ten days. The license issued by the department shall reflect the name and location of the firm and shall be posted in a conspicuous place at that location by the dealer.

             (13) A vehicle dealer's license shall upon the death or incapacity of an individual vehicle dealer authorize the personal representative of such dealer, subject to payment of license fees, to continue the business for a period of six months from the date of the death or incapacity.


             Sec. 2. RCW 46.70.051 and 1993 c 307 s 7 are each amended to read as follows:

             (1) After the application has been filed, the fee paid, and bond posted, if required the department shall, if no denial order is in effect and no proceeding is pending under RCW 46.70.101, issue the appropriate license, which license, in the case of a vehicle dealer, shall designate the classification of the dealer. Nothing prohibits a vehicle dealer from obtaining licenses for more than one classification, and nothing prevents any vehicle dealer from dealing in other classes of vehicles on an isolated basis.

             (2) An auction company licensed under chapter 18.11 RCW may sell at auction all classifications of vehicles under a motor vehicle dealer's license issued under this chapter including motor vehicles, miscellaneous type vehicles, and mobile homes and travel trailers.

             (3) At the time the department issues a vehicle dealer license, the department shall provide to the dealer a current, up-to-date vehicle dealer manual setting forth the various statutes and rules applicable to vehicle dealers. In addition, at the time any such license is renewed under RCW 46.70.083, the department shall provide the dealer with any updates or current revisions to the vehicle dealer manual.


             Sec. 3. RCW 46.70.101 and 1991 c 140 s 3 are each amended to read as follows:

             The director may by order deny, suspend, or revoke the license of any vehicle dealer or vehicle manufacturer or, in lieu thereof or in addition thereto, may by order assess monetary penalties of a civil nature not to exceed one thousand dollars per violation, if the director finds that the order is in the public interest and that the applicant or licensee:

             (1) In the case of a vehicle dealer:

             (a) The applicant or licensee, or any partner, officer, director, owner of ten percent or more of the assets of the firm, or managing employee:

             (i) Was the holder of a license issued pursuant to this chapter, which was revoked for cause and never reissued by the department, or which license was suspended for cause and the terms of the suspension have not been fulfilled or which license was assessed a civil penalty and the assessed amount has not been paid;

             (ii) Has been adjudged guilty of a crime which directly relates to the business of a vehicle dealer and the time elapsed since the adjudication is less than ten years, or suffering any judgment within the preceding five years in any civil action involving fraud, misrepresentation, or conversion. For the purposes of this section, adjudged guilty shall mean in addition to a final conviction in either a state or municipal court, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt regardless of whether the sentence is deferred or the penalty is suspended;

             (iii) Has knowingly or with reason to know made a false statement of a material fact in his application for license or any data attached thereto, or in any matter under investigation by the department;

             (iv) Has knowingly, or with reason to know, provided the department with false information relating to the number of vehicle sales transacted during the past one year in order to obtain a vehicle dealer license plate;

             (v) Does not have an established place of business as required in this chapter;

             (vi) Refuses to allow representatives or agents of the department to inspect during normal business hours all books, records, and files maintained within this state;

             (vii) Sells, exchanges, offers, brokers, auctions, solicits, or advertises a new or current model vehicle to which a factory new vehicle warranty attaches and fails to have a valid, written service agreement as required by this chapter, or having such agreement refuses to honor the terms of such agreement within a reasonable time or repudiates the same;

             (viii) Is insolvent, either in the sense that their liabilities exceed their assets, or in the sense that they cannot meet their obligations as they mature;

             (ix) Fails to pay any civil monetary penalty assessed by the director pursuant to this section within ten days after such assessment becomes final;

             (x) Fails to notify the department of bankruptcy proceedings in the manner required by RCW 46.70.183;

             (xi) Knowingly, or with reason to know, allows a salesperson employed by the dealer, or acting as their agent, to commit any of the prohibited practices set forth in subsection (1)(a) of this section and RCW 46.70.180.

             (b) The applicant or licensee, or any partner, officer, director, owner of ten percent of the assets of the firm, or any employee or agent:

             (i) Has failed to comply with the applicable provisions of chapter 46.12 or 46.16 RCW or this chapter or any rules and regulations adopted thereunder;

             (ii) Has defrauded or attempted to defraud the state, or a political subdivision thereof of any taxes or fees in connection with the sale or transfer of a vehicle;

             (iii) Has forged the signature of the registered or legal owner on a certificate of title;

             (iv) Has purchased, sold, disposed of, or has in his or her possession any vehicle which he or she knows or has reason to know has been stolen or appropriated without the consent of the owner;

             (v) Has willfully failed to deliver to a purchaser a certificate of ownership to a vehicle which he has sold;

             (vi) Has committed any act in violation of RCW 46.70.090 relating to vehicle dealer license plates or manufacturer license plates;

             (vii) Has committed any act in violation of RCW 46.70.180 relating to unlawful acts and practices;

             (viii) Has engaged in practices inimical to the health or safety of the citizens of the state of Washington including but not limited to failure to comply with standards set by the state of Washington or the federal government pertaining to the construction or safety of vehicles;

             (ix) Has aided or assisted an unlicensed dealer or salesperson in unlawful activity through active or passive participation in sales, allowing use of facilities, dealer license number, or by any other means;

             (x) Converts or appropriates, whether temporarily or permanently, property or funds belonging to a customer, dealer, or manufacturer, without the consent of the owner of the property or funds; or

             (xi) Has sold any vehicle with actual knowledge that:

             (A) It has (("REBUILT")) any of the following brands on the title: "SALVAGE/REBUILT," "JUNK," or "DESTROYED"; or

             (B) It has been declared totaled out by an insurance carrier and then rebuilt; or

             (C) The vehicle title contains the specific comment that the vehicle is "rebuilt";

without clearly disclosing that ((fact)) brand or comment in writing.

             (c) The licensee or any partner, officer, director, or owner of ten percent or more of the assets of the firm holds or has held any such position in any other vehicle dealership licensed pursuant to this chapter which is subject to final proceedings under this section.

             (2) In the case of a manufacturer, or any partner, officer, director, or majority shareholder:

             (a) Was or is the holder of a license issued pursuant to this chapter which was revoked for cause and never reissued by the department, or which license was suspended for cause and the terms of the suspension have not been fulfilled, or which license was assessed a civil penalty and the assessed amount has not been paid;

             (b) Has knowingly or with reason to know, made a false statement of a material fact in his application for license, or any data attached thereto, or in any matter under investigation by the department;

             (c) Has failed to comply with the applicable provisions of chapter 46.12 or 46.16 RCW or this chapter or any rules and regulations adopted thereunder;

             (d) Has defrauded or attempted to defraud the state or a political subdivision thereof, of any taxes or fees in connection with the sale or transfer of a vehicle;

             (e) Has purchased, sold, disposed of, or has in his possession, any vehicle which he knows or has reason to know has been stolen or appropriated without the consent of the owner;

             (f) Has committed any act in violation of RCW 46.70.090 relating to vehicle dealer license plates and manufacturer license plates;

             (g) Has committed any act in violation of RCW 46.70.180 relating to unlawful acts and practices;

             (h) Sells or distributes in this state or transfers into this state for resale, any new or unused vehicle to which a warranty attaches or has attached and refuses to honor the terms of such warranty within a reasonable time or repudiates the same;

             (i) Fails to maintain one or more resident employees or agents to provide service or repairs to vehicles located within the state of Washington only under the terms of any warranty attached to new or unused vehicles manufactured and which are or have been sold or distributed in this state or transferred into this state for resale unless such manufacturer requires warranty service to be performed by all of its dealers pursuant to a current service agreement on file with the department;

             (j) Fails to reimburse within a reasonable time any vehicle dealer within the state of Washington who in good faith incurs reasonable obligations in giving effect to warranties that attach or have attached to any new or unused vehicle sold or distributed in this state or transferred into this state for resale by any such manufacturer;

             (k) Engaged in practices inimical to the health and safety of the citizens of the state of Washington including but not limited to failure to comply with standards set by the state of Washington or the federal government pertaining to the construction and safety of vehicles;

             (l) Is insolvent either in the sense that his or her liabilities exceed his or her assets or in the sense that he or she cannot meet his or her obligations as they mature;

             (m) Fails to notify the department of bankruptcy proceedings in the manner required by RCW 46.70.183.


             Sec. 4. RCW 46.70.120 and 1990 c 238 s 7 are each amended to read as follows:

             A dealer shall complete and maintain for a period of at least five years a record of the purchase and sale of all vehicles purchased or sold by him. The records shall consist of:

             (1) The license and title numbers of the state in which the last license was issued;

             (2) A description of the vehicle;

             (3) The name and address of the person from whom purchased;

             (4) The name of the legal owner, if any;

             (5) The name and address of the purchaser;

             (6) If purchased from a dealer, the name, business address, dealer license number, and resale tax number of the dealer;

             (7) The price paid for the vehicle and the method of payment;

             (8) The vehicle odometer disclosure statement given by the seller to the dealer, and the vehicle odometer disclosure statement given by the dealer to the purchaser;

             (9) The written agreement to allow a dealer to sell between the dealer and the consignor, or the listing dealer and the seller;

             (10) Trust account records of receipts, deposits, and withdrawals;

             (11) All sale documents, which shall show the full name of dealer employees involved in the sale; and

             (12) Any additional information the department may require. However, the department may not require a dealer to collect or retain the hardback copy of a temporary license permit after the permanent license plates for a vehicle have been provided to the purchaser, if the dealer maintains some other copy of the temporary license permit together with a log of the permits issued.

             Such records shall be maintained separate ((and apart)) from all other business records of the dealer ((and shall at all times)). Records older than two years may be kept at a location other than the dealer's place of business if those records are made available in hard copy for inspection within three calendar days, exclusive of Saturday, Sunday, or a legal holiday, after a request by the director or the director's authorized agent. Records kept at the vehicle dealer's place of business must be available for inspection by the director or ((his duly)) the director's authorized agent during normal business hours.

             Dealers may maintain their recordkeeping and filing systems in accordance with their own particular business needs and practices. Nothing in this chapter requires dealers to maintain their records in any particular order or manner, as long as the records identified in this section are maintained in the dealership's recordkeeping system.


             Sec. 5. RCW 46.70.130 and 1973 1st ex.s. c 132 s 16 are each amended to read as follows:

             (1) Before the execution of a contract or chattel mortgage or the consummation of the sale of any vehicle, the seller must furnish the buyer an itemization in writing signed by the seller separately disclosing to the buyer the finance charge, insurance costs, taxes, and other charges which are paid or to be paid by the buyer.

             (2) Notwithstanding subsection (1) of this section, an itemization of the various license and title fees paid or to be paid by the buyer, which itemization must be the same as that disclosed on the registration/application for title document issued by the department, may be required only on the title application at the time the application is submitted for title transfer. A vehicle dealer may not be required to separately or individually itemize the license and title fees on any other document, including but not limited to the purchase order and lease agreement. No fee itemization may be required on the temporary permit.


             Sec. 6. RCW 46.70.180 and 1995 c 256 s 26 are each amended to read as follows:

             Each of the following acts or practices is unlawful:

             (1) To cause or permit to be advertised, printed, displayed, published, distributed, broadcasted, televised, or disseminated in any manner whatsoever, any statement or representation with regard to the sale or financing of a vehicle which is false, deceptive, or misleading, including but not limited to the following:

             (a) That no down payment is required in connection with the sale of a vehicle when a down payment is in fact required, or that a vehicle may be purchased for a smaller down payment than is actually required;

             (b) That a certain percentage of the sale price of a vehicle may be financed when such financing is not offered in a single document evidencing the entire security transaction;

             (c) That a certain percentage is the amount of the service charge to be charged for financing, without stating whether this percentage charge is a monthly amount or an amount to be charged per year;

             (d) That a new vehicle will be sold for a certain amount above or below cost without computing cost as the exact amount of the factory invoice on the specific vehicle to be sold;

             (e) That a vehicle will be sold upon a monthly payment of a certain amount, without including in the statement the number of payments of that same amount which are required to liquidate the unpaid purchase price.

             (2) To incorporate within the terms of any purchase and sale agreement any statement or representation with regard to the sale or financing of a vehicle which is false, deceptive, or misleading, including but not limited to terms that include as an added cost to the selling price of a vehicle an amount for licensing or transfer of title of that vehicle which is not actually due to the state, unless such amount has in fact been paid by the dealer prior to such sale. However, expenses or fees charged by a dealer that are necessary or required to be paid by a dealer to a third party in order to obtain a lien release or a vehicle identification number inspection or verification, or to otherwise clear title to the vehicle, or in order to license or transfer title to a vehicle, do not violate this section if such expenses or fees are disclosed or itemized on the purchase order.

             (3) To set up, promote, or aid in the promotion of a plan by which vehicles are to be sold to a person for a consideration and upon further consideration that the purchaser agrees to secure one or more persons to participate in the plan by respectively making a similar purchase and in turn agreeing to secure one or more persons likewise to join in said plan, each purchaser being given the right to secure money, credits, goods, or something of value, depending upon the number of persons joining the plan.

             (4) To commit, allow, or ratify any act of "bushing" which is defined as follows: Taking from a prospective buyer of a vehicle a written order or offer to purchase, or a contract document signed by the buyer, which:

             (a) Is subject to the dealer's, or his or her authorized representative's future acceptance, and the dealer fails or refuses within ((forty-eight hours)) three calendar days, exclusive of Saturday, Sunday, or a legal holiday, and prior to any further negotiations with said buyer, either: (i) To deliver to the buyer ((either)) the dealer's signed acceptance, or ((all copies of)) (ii) to void the order, offer, or contract document ((together with)) and tender the return of any initial payment or security made or given by the buyer, including but not limited to money, check, promissory note, vehicle keys, a trade-in, or certificate of title to a trade-in; or

             (b) Permits the dealer to renegotiate a dollar amount specified as trade-in allowance on a vehicle delivered or to be delivered by the buyer as part of the purchase price, for any reason except:

             (i) Failure to disclose that the vehicle's certificate of ownership has ((been branded for any reason, including, but not limited to, status as a rebuilt vehicle as provided in RCW 46.12.050 and 46.12.075; and)) any of the following brands: "SALVAGE/REBUILT" or "JUNK" or "DESTROYED," or has been declared totaled out by an insurance carrier and then rebuilt, or that the vehicle title contains the specific comment that the vehicle is "rebuilt"; or

             (ii) Substantial physical damage or latent mechanical defect occurring before the dealer took possession of the vehicle and which could not have been reasonably discoverable at the time of the taking of the order, offer, or contract; or

             (iii) Excessive additional miles or a discrepancy in the mileage. "Excessive additional miles" means the addition of five hundred miles or more, as reflected on the vehicle's odometer, between the time the vehicle was first valued by the dealer for purposes of determining its trade-in value and the time of actual delivery of the vehicle to the dealer. "A discrepancy in the mileage" means: (A) A discrepancy between the mileage reflected on the vehicle's odometer and the stated mileage on the signed odometer statement; or (B) a discrepancy between the mileage stated on the signed odometer statement and the actual mileage on the vehicle; or

             (c) Fails to comply with the obligation of any written warranty or guarantee given by the dealer requiring the furnishing of services or repairs within a reasonable time.

             (5) To commit any offense relating to odometers, as such offenses are defined in RCW 46.37.540, 46.37.550, 46.37.560, and 46.37.570. A violation of this subsection is a class C felony punishable under chapter 9A.20 RCW.

             (6) For any vehicle dealer or vehicle ((salesman)) salesperson to refuse to furnish, upon request of a prospective purchaser, ((the name and address of the previous registered owner of any used vehicle offered for sale)) for vehicles previously registered to a business or governmental entity, the name and address of such business or governmental entity.

             (7) To commit any other offense under RCW 46.37.423, 46.37.424, or 46.37.425.

             (8) To commit any offense relating to a dealer's temporary license permit, including but not limited to failure to properly complete each such permit, or the issuance of more than one such permit on any one vehicle. However, a dealer shall be entitled to issue a second temporary permit on a vehicle if the following conditions are met:

             (a) The lienholder fails to deliver the vehicle title to the dealer within the required time period;

             (b) The dealer has satisfied the lien; and

             (c) The dealer has proof that payment of the lien was made within two calendar days, exclusive of Saturday, Sunday, or a legal holiday, after the sales contract has been executed by all parties and all conditions and contingencies in the sales contract have been met or otherwise satisfied.

             (9) For a dealer, salesman, or mobile home manufacturer, having taken an instrument or cash "on deposit" from a purchaser prior to the delivery of the bargained-for vehicle, to commingle the "on deposit" funds with assets of the dealer, salesman, or mobile home manufacturer instead of holding the "on deposit" funds as trustee in a separate trust account until the purchaser has taken delivery of the bargained-for vehicle. Delivery of a manufactured home shall be deemed to occur in accordance with RCW 46.70.135(5). Failure, immediately upon receipt, to endorse "on deposit" instruments to such a trust account, or to set aside "on deposit" cash for deposit in such trust account, and failure to deposit such instruments or cash in such trust account by the close of banking hours on the day following receipt thereof, shall be evidence of intent to commit this unlawful practice: PROVIDED, HOWEVER, That a motor vehicle dealer may keep a separate trust account which equals his or her customary total customer deposits for vehicles for future delivery. For purposes of this section, "on deposit" funds received from a purchaser of a manufactured home means those funds that a seller requires a purchaser to advance before ordering the manufactured home, but does not include any loan proceeds or moneys that might have been paid on an installment contract.

             (10) For a dealer or manufacturer to fail to comply with the obligations of any written warranty or guarantee given by the dealer or manufacturer requiring the furnishing of goods and services or repairs within a reasonable period of time, or to fail to furnish to a purchaser, all parts which attach to the manufactured unit including but not limited to the undercarriage, and all items specified in the terms of a sales agreement signed by the seller and buyer.

             (11) For a vehicle dealer to pay to or receive from any person, firm, partnership, association, or corporation acting, either directly or through a subsidiary, as a buyer's agent for consumers, any compensation, fee, gratuity, or reward in connection with the purchase or sale of a new motor vehicle.

             (12) For a buyer's agent acting directly or through a subsidiary to pay to or to receive from any motor vehicle dealer any compensation, fee, gratuity, or reward in connection with the purchase or sale of a new motor vehicle.

             (13) For a buyer's agent to arrange for or to negotiate the purchase, or both, of a new motor vehicle through an out-of-state dealer without disclosing in writing to the customer that the new vehicle would not be subject to chapter 19.118 RCW.

             (14) Being a manufacturer, other than a motorcycle manufacturer governed by chapter 46.94 RCW, to:

             (a) Coerce or attempt to coerce any vehicle dealer to order or accept delivery of any vehicle or vehicles, parts or accessories, or any other commodities which have not been voluntarily ordered by the vehicle dealer: PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute coercion;

             (b) Cancel or fail to renew the franchise or selling agreement of any vehicle dealer doing business in this state without fairly compensating the dealer at a fair going business value for his or her capital investment which shall include but not be limited to tools, equipment, and parts inventory possessed by the dealer on the day he or she is notified of such cancellation or termination and which are still within the dealer's possession on the day the cancellation or termination is effective, if: (i) The capital investment has been entered into with reasonable and prudent business judgment for the purpose of fulfilling the franchise; and (ii) the cancellation or nonrenewal was not done in good faith. Good faith is defined as the duty of each party to any franchise to act in a fair and equitable manner towards each other, so as to guarantee one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party: PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute a lack of good faith.

             (c) Encourage, aid, abet, or teach a vehicle dealer to sell vehicles through any false, deceptive, or misleading sales or financing practices including but not limited to those practices declared unlawful in this section;

             (d) Coerce or attempt to coerce a vehicle dealer to engage in any practice forbidden in this section by either threats of actual cancellation or failure to renew the dealer's franchise agreement;

             (e) Refuse to deliver any vehicle publicly advertised for immediate delivery to any duly licensed vehicle dealer having a franchise or contractual agreement for the retail sale of new and unused vehicles sold or distributed by such manufacturer within sixty days after such dealer's order has been received in writing unless caused by inability to deliver because of shortage or curtailment of material, labor, transportation, or utility services, or by any labor or production difficulty, or by any cause beyond the reasonable control of the manufacturer;

             (f) To provide under the terms of any warranty that a purchaser of any new or unused vehicle that has been sold, distributed for sale, or transferred into this state for resale by the vehicle manufacturer may only make any warranty claim on any item included as an integral part of the vehicle against the manufacturer of that item.

             Nothing in this section may be construed to impair the obligations of a contract or to prevent a manufacturer, distributor, representative, or any other person, whether or not licensed under this chapter, from requiring performance of a written contract entered into with any licensee hereunder, nor does the requirement of such performance constitute a violation of any of the provisions of this section if any such contract or the terms thereof requiring performance, have been freely entered into and executed between the contracting parties. This paragraph and subsection (14)(b) of this section do not apply to new motor vehicle manufacturers governed by chapter 46.96 RCW.

             (15) Unlawful transfer of an ownership interest in a motor vehicle as defined in RCW 19.116.050.


             NEW SECTION. Sec. 7. The department of licensing, in consultation with interested parties, shall develop and provide to the legislative transportation committee by December 1, 1996, recommendations on changes to comments and brands on vehicle certificates of ownership and registration. The recommendations shall address, but are not limited to, whether references to rebuilt, former taxi, former for hire, former rental, and former government vehicles should be portrayed as comments or title brands, and how the "nonstandard" brand can be replaced with a brand or brands that provide more specific information."


             In line 1 of the title, after "dealers;" strike the remainder of the title and insert "amending RCW 46.70.023, 46.70.051, 46.70.101, 46.70.120, 46.70.130, and 46.70.180; creating a new section; and prescribing penalties."


             Signed by Representatives K. Schmidt, Chairman; Mitchell, Vice Chairman; Skinner, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Backlund; Blanton; Buck; Cairnes; Chopp; Elliot; Hankins; Horn; Johnson; McMahan; Ogden; Patterson; Robertson; Romero; D. Schmidt; Scott and Tokuda.


             Voting Yea: Representatives K. Schmidt, Skinner, Mitchell, R. Fisher, Hatfield, Backlund, Blanton, Buck, Cairnes, Chopp, Elliot, Hankins, Horn, Johnson, McMahan, Ogden, Patterson, Robertson, Romero, D. Schmidt, Sterk and Tokuda.

             Excused: Representatives Benton, Brown, Chandler, Quall and Scott.


             Passed to Committee on Rules for second reading.


February 26, 1996

ESB 6230         Prime Sponsor, Kohl: Requiring reporting of actions taken against out-of-home care providers. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Children & Family Services with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that consumers of child care services have a legitimate interest in receiving timely information about complaints against child care service providers in order to make meaningful choices regarding the facilities and people who provide care for their children. The legislature further finds that as a result of improvements in information management systems, the state's ability to provide relevant information to child care service consumers has also improved.

             The legislature intends to utilize the state's improved ability to collect and manage information about complaints against child care service providers by requiring the department of social and health services to report all relevant licensing actions and complaints alleging serious issues affecting the health and safety of children to appropriate individuals and organizations in a timely manner. The legislature further intends to authorize the department to report such information to the general public when necessary and appropriate for the health and safety of children.

             The legislature further finds that, although new information management systems will make more information available to those using child day-care centers or family day-care homes, this information should not supplant their own inquiry into a child day-care center or family day-care home. To determine if a facility or home is the right place for their child, parents should spend time at the facility or home, they should ask questions about the policies, schedules, and procedures of the facility or home, and they should make inquiries in the community about the facility or home's reputation.


             NEW SECTION. Sec. 2. A new section is added to chapter 74.15 RCW to read as follows:

             (1) The department shall report any adverse licensing actions against a child day-care center or family day-care provider taken under this chapter as a result of serious issues affecting the health and safety of children as follows: (a) Within two business days of taking the action, by posting for at least two weeks a prominent notice of the licensing action at the facility; and (b) within two business days of taking the action, by notifying the referent and appropriate public or private child care resource and referral agencies. The report shall include a description of the grounds for the adverse licensing action.

             (2) The department shall report any complaints against a child day-care center or family day-care provider alleging serious issues affecting the health and safety of children that are determined to be founded or valid as follows: (a) Within two business days of making the determination, by posting for at least two weeks a prominent notice of the determination at the facility; and (b) within two business days of making the determination, by notifying the referent and appropriate public or private child care resource and referral agencies. The report shall include a description of the founded or valid allegations and a summary of the resolution of the complaint or the follow-up actions taken by the department and the center or provider in response to the complaint.

             (3) If a complaint under this section has been determined to be invalid, inconclusive, or unfounded, or an adverse licensing action under this section has been found to be erroneous or without basis the department shall eliminate any account of the complaint or adverse licensing action from the department's records.

             (4) If the child day-care center or family day-care provider is later found to have not committed the acts or conduct justifying the adverse licensing action or alleged in a complaint reported under subsection (1), (2), or (3) of this section, the department shall forthwith prepare a notice of public exoneration. The department shall report the public exoneration to the same people and entities, and in the same manner, who received a report under subsections (2) and (3) of this section. Such notice shall also be maintained as part of the department's record of the licensing action or complaint.

             (5) Every public or private child care resource or referral agency shall disclose, upon request, all information received from the department concerning adverse licensing actions or complaints against a child day-care center or family day-care provider.

             (6) The department shall disclose, upon request, the receipt, general nature, and resolution or current status of all complaints on record with the department after the effective date of this act against a child day-care center or family day-care provider alleging serious issues affecting the health and safety of children.

             (7) This section shall not be construed to require the reporting of any information that is exempt from public disclosure under chapter 42.17 RCW.


             NEW SECTION. Sec. 3. A new section is added to chapter 74.15 RCW to read as follows:

             At any time during a pending adverse licensing action, a pending investigation of a complaint alleging serious issues affecting the health and safety of children, or an ongoing corrective action plan, the department may, as necessary and appropriate to protect the health or safety of children, (1) place a child day-care center or family day-care provider on nonreferral status, and (2) notify appropriate public and private child care resource and referral agencies of the department's investigation and decision to place the center or provider on nonreferral status. If the department determines, at the conclusion of the investigation of a proceeding under this section, that no adverse licensure action is appropriate, a complaint is not founded or valid, or a corrective action plan has been successfully concluded, the department shall remove the provider from nonreferral status and provide appropriate notice to the public and private child care resource and referral agencies.


             NEW SECTION. Sec. 4. A new section is added to chapter 74.15 RCW to read as follows:

             (1) The department shall compile an annual report summarizing all investigations for the previous fiscal year relating to serious issues affecting the health or safety of children in the care of child day-care centers and family day-care providers. The report shall be provided to the child care coordinating committee and child care resource and referral agencies by August 1st of each year beginning in 1997.

             (2) The report shall include, at a minimum, (a) an analysis of the volume and general nature of all reports and disclosures made by the department as required or authorized under section 2 of this act; (b) an analysis of the volume and general nature of the pending adverse licensing actions, pending complaint investigations, and ongoing corrective action plans for which the department placed centers and providers on nonreferral status under section 3 of this act; (c) an analysis of the volume and general nature of complaints determined to be invalid, inconclusive, or unfounded; and (d) information about the average length of time required by the department to complete investigations determined to be valid or founded, inconclusive, and invalid or unfounded.


             Sec. 5. RCW 74.15.020 and 1995 c 311 s 18 and 1995 c 302 s 3 are each reenacted and amended to read as follows:

             For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean:

             (1) (("Department" means the state department of social and health services;

             (2) "Secretary" means the secretary of social and health services;

             (3))) "Adverse licensing action" means action by the department denying, suspending, revoking, or not renewing a license authorized under this chapter.

             (2) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered:

             (a) "Group-care facility" means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a twenty-four hour basis;

             (b) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;

             (c) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement;

             (d) "Child day-care center" means an agency which regularly provides care for a group of children for periods of less than twenty-four hours;

             (e) "Family day-care provider" means a child day-care provider who regularly provides child day care for not more than twelve children in the provider's home in the family living quarters;

             (f) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed;

             (g) "Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036.

             (((4))) (3) "Agency" shall not include the following:

             (a) Persons related to the child, expectant mother, or person with developmental disabilities in the following ways:

             (i) Any blood relative, including those of half blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;

             (ii) Stepfather, stepmother, stepbrother, and stepsister;

             (iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;

             (iv) Spouses of any persons named in (a)(i), (ii), or (iii) of this subsection, even after the marriage is terminated; or

             (v) Extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);

             (b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities;

             (c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where: (i) The person providing care for periods of less than twenty-four hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care; or (ii) the parent and person providing care on a twenty-four-hour basis have agreed to the placement in writing and the state is not providing any payment for the care;

             (d) Parents on a mutually cooperative basis exchange care of one another's children;

             (e) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors or persons who have the care of an exchange student in their home;

             (f) Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;

             (g) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;

             (h) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;

             (i) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW;

             (j) Licensed physicians or lawyers;

             (k) Facilities providing care to children for periods of less than twenty-four hours whose parents remain on the premises to participate in activities other than employment;

             (l) Facilities approved and certified under chapter 71A.22 RCW;

             (m) Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;

             (n) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;

             (o) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;

             (p) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter.

             (4) "Department" means the state department of social and health services.

             (5) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.

             (6) "Referent" means a person or agency who brings to the attention of the department a complaint or information resulting in an investigation or adverse licensing action.

             (7) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency.

             (((6) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.))

             (8) "Secretary" means the secretary of social and health services.

             (9) "Serious issues affecting the health and safety of children" means allegations, which if true, place children at imminent serious risk of harm. Such allegations may include, but are not limited to, allegations of child abuse or neglect or allegations of licensing violations related to safety or health hazards, supervision problems, or excessive discipline or mistreatment of a child.


             NEW SECTION. Sec. 6. The department of social and health services shall adopt rules as necessary to implement RCW 74.15.020 and sections 2 through 4 of this act.


             Sec. 7. RCW 74.13.090 and 1995 c 399 s 204 are each amended to read as follows:

             (1) There is established a child care coordinating committee to provide coordination and communication between state agencies responsible for child care and early childhood education services. The child care coordinating committee shall be composed of not less than ((seventeen)) twenty-three nor more than thirty-three members who shall include:

             (a) One representative each from the department of social and health services, the department of community, trade, and economic development, the office of the superintendent of public instruction, and any other agency having responsibility for regulation, provision, or funding of child care services in the state;

             (b) One representative from the department of labor and industries;

             (c) One representative from the department of revenue;

             (d) One representative from the employment security department;

             (e) One representative from the department of personnel;

             (f) One representative from the department of health;

             (g) One representative from the higher education coordinating board;

             (h) One representative from the state board of education;

             (i) One representative from the state board for community and technical colleges;

             (j) At least one representative of family home child care providers and one representative of center care providers;

             (((h))) (k) At least one representative of early childhood development experts;

             (((i))) (l) At least one representative of school districts and teachers involved in the provision of child care and preschool programs;

             (((j))) (m) At least one parent education specialist;

             (((k))) (n) At least one representative of resource and referral programs;

             (((l))) (o) One pediatric or other health professional;

             (((m))) (p) At least one representative of college or university child care providers;

             (((n))) (q) At least one representative of a citizen group concerned with child care;

             (((o))) (r) At least one representative of a labor organization;

             (((p))) (s) At least one representative of a head start - early childhood education assistance program agency;

             (((q))) (t) At least one employer who provides child care assistance to employees;

             (((r))) (u) Parents of children receiving, or in need of, child care, half of whom shall be parents needing or receiving subsidized child care and half of whom shall be parents who are able to pay for child care.

             The named state agencies shall select their representative to the child care coordinating committee. The department of social and health services shall select the remaining members, considering recommendations from lists submitted by professional associations and other interest groups until such time as the committee adopts a member selection process. The department shall use any federal funds which may become available to accomplish the purposes of RCW 74.13.085 through 74.13.095.

             The committee shall elect officers from among its membership and shall adopt policies and procedures specifying the lengths of terms, methods for filling vacancies, and other matters necessary to the ongoing functioning of the committee. The secretary of social and health services shall appoint a temporary chair until the committee has adopted policies and elected a chair accordingly. Child care coordinating committee members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

             (2) To the extent possible within available funds, the child care coordinating committee shall:

             (a) Serve as an advisory coordinator for all state agencies responsible for early childhood or child care programs for the purpose of improving communication and interagency coordination;

             (b) Annually review state programs and make recommendations to the agencies and the legislature which will maximize funding and promote furtherance of the policies set forth in RCW 74.13.085. Reports shall be provided to all appropriate committees of the legislature by December 1 of each year. At a minimum the committee shall:

             (i) ((Review and propose changes to the child care subsidy system in its December 1989 report;

             (ii))) Review alternative models for child care service systems, in the context of the policies set forth in RCW 74.13.085, and recommend to the legislature a new child care service structure; and

             (((iii))) (ii) Review options and make recommendations on the feasibility of establishing an allocation for day care facilities when constructing state buildings;

             (c) Review department of social and health services administration of the child care expansion grant program described in RCW 74.13.095;

             (d) Review rules regarding child care facilities and services for the purpose of identifying those which unnecessarily obstruct the availability and affordability of child care in the state;

             (e) Advise and assist the office of child care policy in implementing his or her duties under RCW 74.13.0903;

             (f) Perform other functions to improve the quantity and quality of child care in the state, including compliance with existing and future prerequisites for federal funding; and

             (g) Advise and assist the department of personnel in its responsibility for establishing policies and procedures that provide for the development of quality child care programs for state employees.


             NEW SECTION. Sec. 8. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, this act is null and void."


             Signed by Representatives Huff, Chairman; Clements, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Brumsickle; Carlson; Chappell; Cooke; Crouse; Dellwo; Dyer; Foreman; Grant; Hickel; Jacobsen; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.


             Voting Yea: Representatives Huff, Clements, H. Sommers, Valle, Basich, Brumsickle, Carlson, Chappell, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Jacobsen, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Excused: Representatives Pelesky, Beeksma and Dellwo.


             Passed to Committee on Rules for second reading.


February 26, 1996

E2SSB 6231     Prime Sponsor, Committee on Ways & Means: Protecting victims from sexually aggressive youth. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that the placement of children and youth in state-operated or state-funded residential facilities must be done in such a manner as to protect children who are vulnerable to sexual victimization from youth who are sexually aggressive. To achieve this purpose, the legislature intends that the department of social and health services develop a policy for assessing sexual aggressiveness and vulnerability to sexual victimization of children and youth who are placed in state-operated or state-funded residential facilities.


             NEW SECTION. Sec. 2. A new section is added to chapter 13.40 RCW to read as follows:

             (1) The department shall implement a policy for protecting children placed in state-operated or state-funded residential facilities who are vulnerable to sexual victimization by other youth placed in those facilities who are sexually aggressive. The policy shall include, at a minimum, the following elements:

             (a) Development and use of an assessment process for determining when a youth is sexually aggressive for the purposes of this section. The assessment process need not require that every youth who is adjudicated or convicted of a sex offense as defined in RCW 9.94A.030 be determined to be sexually aggressive, nor shall a sex offense adjudication or conviction be required in order to determine a youth is sexually aggressive. Instead, the assessment process shall consider the individual circumstances of the youth, including his or her age, physical size, mental and emotional condition, and other factors relevant to sexual aggressiveness. The definition of "sexually aggressive youth" in RCW 74.13.075 does not apply to this section to the extent that it conflicts with this section.

             (b) Development and use of an assessment process for determining when a child may be vulnerable to victimization by a sexually aggressive youth for the purposes of this section. The assessment process shall consider the individual circumstances of the child, including his or her age, physical size, mental and emotional condition, and other factors relevant to vulnerability.

             (c) Development and use of placement criteria to avoid assigning youth who are assessed as sexually aggressive to the same sleeping quarters as children assessed as vulnerable to sexual victimization, except that they may be assigned to the same multiple-person dormitory if the dormitory is regularly monitored by visual surveillance equipment or staff checks.

             (d) Development and use of procedures for minimizing, within available funds, unsupervised contact in state-operated or state-funded residential facilities between youth assessed as sexually aggressive and children assessed as vulnerable to sexual victimization. The procedures shall include prohibiting any youth committed under this chapter who is assessed as sexually aggressive from entering any sleeping quarters other than the one to which he or she is assigned, unless accompanied by an authorized supervisor.

             (2) For the purposes of this section, the following terms have the following meanings:

             (a) "Sleeping quarters" means the bedrooms or other rooms within a larger home or residential facility where youth are assigned to sleep.

             (b) "Unsupervised contact" means contact occurring outside the sight or hearing of a responsible adult for more than a reasonable period of time under the circumstances.


             NEW SECTION. Sec. 3. The department of social and health services shall report to the legislature by December 1, 1996, on the following: (1) Development of the assessment process for determining when a youth is sexually aggressive for the purposes of this act; (2) development of the assessment process for determining when a child may be vulnerable to victimization by a sexually aggressive youth for the purposes of this act; (3) development of the placement criteria and procedures required under section 2(1)(c) and (d) of this act; and (4) the operational and fiscal impacts of extending the requirements of section 2 of this act to all state-funded or state-operated residential facilities where children are placed by the department pursuant to chapters 13.32A, 13.34, 70.96A, and 71.34 RCW.


             NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, this act is null and void.


             NEW SECTION. Sec. 5. The policy developed under section 2 of this act shall be implemented within the juvenile rehabilitation administration by January 1, 1997."


             Signed by Representatives Huff, Chairman; Clements, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Brumsickle; Carlson; Chappell; Cooke; Crouse; Dellwo; Dyer; Foreman; Grant; Hickel; Jacobsen; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.


             Voting Yea: Representatives Huff, Clements, H. Sommers, Valle, Basich, Brumsickle, Carlson, Chappell, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Jacobsen, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Excused: Representatives Pelesky, Beeksma and Dellwo.


             Passed to Committee on Rules for second reading.


February 26, 1996

ESSB 6241       Prime Sponsor, Committee on Ways & Means: Allowing certain cities and towns to maintain lodging taxes for tourism promotion and convention facilities. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 67.28 RCW to read as follows:

             (1) The legislative body of a town with a population of at least three hundred twenty-five but less than five hundred fifty in a county that borders on the northeastern slope of the Cascade mountains with a population of at least thirty-six thousand but less than forty-two thousand may levy and collect a special excise tax not to exceed three percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of a similar license to use real property, as distinguished from the renting or leasing of real property. For the purposes of this tax, it is presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the property.

             (2) The tax authorized in subsection (1) of this section is in addition to any other tax authorized by law.

             (3) A seller, as defined in RCW 82.08.010, who is required to collect a tax under this section, shall pay the tax to the town as provided in RCW 67.28.200. The deduction from state taxes under RCW 67.28.190 does not apply to taxes imposed under this section.

             (4) The tax levied and collected under this section shall be credited to a special fund in the treasury of the town. The taxes may be levied only for the purpose of tourism promotion.


             NEW SECTION. Sec. 2. A new section is added to chapter 67.28 RCW to read as follows:

             (1) The legislative body of a city with a population of at least five hundred but less than one thousand in a county with a population of at least eighty thousand but less than one hundred fifteen thousand may levy and collect a special excise tax not to exceed two percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of a similar license to use real property, as distinguished from the renting or leasing of real property. For the purposes of this tax, it is presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the property.

             (2) The tax authorized in subsection (1) of this section is in addition to any other tax authorized by law.

             (3) A seller, as defined in RCW 82.08.010, who is required to collect a tax under this section, shall pay the tax to the city as provided in RCW 67.28.200. The deduction from state taxes under RCW 67.28.190 does not apply to taxes imposed under this section.

             (4) The tax levied and collected under this section shall be credited to a special fund in the treasury of the city. The taxes may be levied only for the purpose of paying all or any part of the cost of acquisition, construction, or operation of a performing and visual arts center or to pay or secure the payment of all or any portion of general obligation bonds or revenue bonds issued for such purpose.


             NEW SECTION. Sec. 3. A new section is added to chapter 67.28 RCW to read as follows:

             (1) The legislative body of a city with a population of at least forty-five thousand but less than sixty thousand in a county with a population of at least one hundred thousand but less than one hundred forty-five thousand may levy and collect a special excise tax not to exceed two percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of a similar license to use real property, as distinguished from the renting or leasing of real property. For the purposes of this tax, it is presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the property.

             (2) The tax authorized in subsection (1) of this section is in addition to any other tax authorized by law.

             (3) A seller, as defined in RCW 82.08.010, who is required to collect a tax under this section, shall pay the tax to the city as provided in RCW 67.28.200. The deduction from state taxes under RCW 67.28.190 does not apply to the tax imposed under this section.

             (4) The tax levied and collected under this section shall be credited to a special fund in the treasury of the city. The tax may be levied only for the purpose of paying all or any part of the cost of acquisition, construction, or operation of convention center facilities or to pay or secure the payment of all or any portion of general obligation bonds or revenue bonds issued for such purpose.


             Sec. 4. RCW 67.28.210 and 1995 c 290 s 1 are each amended to read as follows:

             All taxes levied and collected under RCW 67.28.180, 67.28.240, and 67.28.260 shall be credited to a special fund in the treasury of the county or city imposing such tax. Such taxes shall be levied only for the purpose of paying all or any part of the cost of acquisition, construction, or operating of stadium facilities, convention center facilities, performing arts center facilities, and/or visual arts center facilities or to pay or secure the payment of all or any portion of general obligation bonds or revenue bonds issued for such purpose or purposes under this chapter, or to pay for advertising, publicizing, or otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion when a county or city has imposed such tax for such purpose, or as one of the purposes hereunder, and until withdrawn for use, the moneys accumulated in such fund or funds may be invested in interest bearing securities by the county or city treasurer in any manner authorized by law. In addition such taxes may be used to develop strategies to expand tourism: PROVIDED, That any county, and any city within a county, bordering upon Grays Harbor may use the proceeds of such taxes for construction and maintenance of a movable tall ships tourist attraction in cooperation with a tall ships restoration society, except to the extent that such proceeds are used for payment of principal and interest on debt incurred prior to June 11, 1986: PROVIDED FURTHER, That any city or county may use the proceeds of such taxes for the refurbishing and operation of a steam railway or historic maritime vessels used primarily for passenger transportation for tourism promotion purposes: PROVIDED FURTHER, That any city bordering on the Pacific Ocean or on Baker Bay with a population of not less than eight hundred and the county in which such a city is located, a city bordering on the Skagit river with a population of not less than twenty thousand, or any city within a county made up entirely of islands may use the proceeds of such taxes for funding special events or festivals, or for the acquisition, construction, or operation of publicly owned tourist promotional infrastructures, structures, or buildings including but not limited to an ocean beach boardwalk, public docks, and viewing towers: PROVIDED FURTHER, That any county which imposes a tax under RCW 67.28.182 or any city with a population less than fifty thousand in such county may use the proceeds of the tax levied and collected under RCW 67.28.180 to provide public restroom facilities available to and intended for use by visitors: PROVIDED FURTHER, That any county made up entirely of islands, and any city or town that has a population less than five thousand, may use the proceeds of the tax levied and collected under RCW 67.28.180 to provide public restroom facilities available to and intended for use by visitors: PROVIDED FURTHER, That any city or county may use the proceeds of such taxes for funding a civic festival, if the following conditions are met: The festival is a community-wide event held not more than once annually; the festival is approved by the city, town, or county in which it is held; the festival is sponsored by an exempt organization defined in section 501(c)(3), (4), or (6) of the federal internal revenue code; the festival provides family-oriented events suiting a broad segment of the community; and the proceeds of such taxes are used solely for advertising and promotional materials intended to attract overnight visitors: PROVIDED FURTHER, That any city may use the proceeds of such taxes for street banners to attract and welcome tourists."


             On page 1, line 2, of the title, after "towns;" strike the remainder of the title and insert "amending RCW 67.28.210; and adding new sections to chapter 67.28 RCW."


             Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Boldt, Vice Chairman; Dickerson, Assistant Ranking Minority Member; Hymes; Mason; Mulliken; Pennington; Schoesler; Sheldon and Van Luven.


             Voting Yea: Representatives B. Thomas, Carrell, Boldt, Dickerson, Hymes, Mason, Mulliken, Pennington, Schoesler, Sheldon and Van Luven.

             Excused: Representative Morris.


             Passed to Committee on Rules for second reading.


February 26, 1996

SSB 6274          Prime Sponsor, Committee on Human Services & Corrections: Providing for increased supervision of sex offenders for up to the entire maximum term of the sentence. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendments by Committee on Corrections with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that improving the supervision of convicted sex offenders in the community upon release from incarceration is a substantial public policy goal, in that effective supervision accomplishes many purposes including protecting the community, supporting crime victims, assisting offenders to change, and providing important information to decision makers.


             Sec. 2. RCW 9.94A.120 and 1995 c 108 s 3 are each amended to read as follows:

             When a person is convicted of a felony, the court shall impose punishment as provided in this section.

             (1) Except as authorized in subsections (2), (4), (5), (6), and (8) of this section, the court shall impose a sentence within the sentence range for the offense.

             (2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

             (3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence.

             (4) A persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section. In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned early release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (5), (7), or (8), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except in the case of an offender in need of emergency medical treatment or for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree.

             (5) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:

             (a) Devote time to a specific employment or occupation;

             (b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense;

             (c) Pursue a prescribed, secular course of study or vocational training;

             (d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

             (e) Report as directed to the court and a community corrections officer; or

             (f) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community service work.

             (6)(a) An offender is eligible for the special drug offender sentencing alternative if:

             (i) The offender is convicted of the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or a felony that is, under chapter 9A.28 RCW or RCW 69.50.407, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes, and the violation does not involve a sentence enhancement under RCW 9.94A.310(3) or (4);

             (ii) The offender has no prior convictions for a felony in this state, another state, or the United States; and

             (iii) The offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance.

             (b) If the midpoint of the standard range is greater than one year and the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range. During incarceration in the state facility, offenders sentenced under this subsection shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender. The treatment services shall be designed by the division of alcohol and substance abuse of the department of social and health services, in cooperation with the department of corrections. If the midpoint of the standard range is twenty-four months or less, no more than three months of the sentence may be served in a work release status. The court shall also impose one year of concurrent community custody and community supervision that must include appropriate outpatient substance abuse treatment, crime-related prohibitions including a condition not to use illegal controlled substances, and a requirement to submit to urinalysis or other testing to monitor that status. The court may require that the monitoring for controlled substances be conducted by the department or by a treatment ((alternative[s])) alternatives to street crime program or a comparable court or agency-referred program. The offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court shall impose three or more of the following conditions:

             (i) Devote time to a specific employment or training;

             (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;

             (iii) Report as directed to a community corrections officer;

             (iv) Pay all court-ordered legal financial obligations;

             (v) Perform community service work;

             (vi) Stay out of areas designated by the sentencing judge.

             (c) If the offender violates any of the sentence conditions in (b) of this subsection, the department shall impose sanctions administratively, with notice to the prosecuting attorney and the sentencing court. Upon motion of the court or the prosecuting attorney, a violation hearing shall be held by the court. If the court finds that conditions have been willfully violated, the court may impose confinement consisting of up to the remaining one-half of the midpoint of the standard range. All total confinement served during the period of community custody shall be credited to the offender, regardless of whether the total confinement is served as a result of the original sentence, as a result of a sanction imposed by the department, or as a result of a violation found by the court. The term of community supervision shall be tolled by any period of time served in total confinement as a result of a violation found by the court.

             (d) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents. These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the commission.

             (7) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community service work, a term of community supervision not to exceed one year, and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

             (8)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.

             The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

             The examiner shall assess and report regarding the defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

             (A) Frequency and type of contact between offender and therapist;

             (B) Specific issues to be addressed in the treatment and description of planned treatment modalities;

             (C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;

             (D) Anticipated length of treatment; and

             (E) Recommended crime-related prohibitions.

             The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

             (ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sexual offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eight years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension:

             (A) The court shall place the defendant on community ((supervision)) custody for the length of the suspended sentence or three years, whichever is greater, and require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section; and

             (B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:

             (I) Devote time to a specific employment or occupation;

             (II) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

             (III) Report as directed to the court and a community corrections officer;

             (IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community service work, or any combination thereof; or

             (V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime.

             (iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing.

             (iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community ((supervision)) custody, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community ((supervision)) custody.

             (v) If a violation of conditions occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.205(2)(a) or refer the violation to the court and recommend revocation of the suspended sentence as provided for in (a)(vi) of this subsection.

             (vi) The court may revoke the suspended sentence at any time during the period of community ((supervision)) custody and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community ((supervision)) custody shall be credited to the offender if the suspended sentence is revoked.

             (((vi))) (vii) Except as provided in (a)(((vii)))(viii) of this subsection, after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW.

             (((vii))) (viii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (8) does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (8) and the rules adopted by the department of health.

             For purposes of this subsection, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

             (b) When an offender commits any felony sex offense on or after July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.

             Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

             (i) Devote time to a specific employment or occupation;

             (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

             (iii) Report as directed to the court and a community corrections officer;

             (iv) Undergo available outpatient treatment.

             If the offender violates any of the terms of his or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections.

             Nothing in this subsection (8)(b) shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (8)(b) does not apply to any crime committed after July 1, 1990.

             (c) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds.

             (9)(a) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 1, 1988, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.

             (b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense committed on or after July 1, 1990, but before the effective date of this act, or a serious violent offense committed on or after July 1, 1990, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:

             (i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;

             (ii) The offender shall work at department of corrections-approved education, employment, and/or community service;

             (iii) The offender shall not consume controlled substances except pursuant to lawfully issued prescriptions;

             (iv) An offender in community custody shall not unlawfully possess controlled substances;

             (v) The offender shall pay supervision fees as determined by the department of corrections; and

             (vi) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement.

             (c) As a part of any sentence imposed under (a) or (b) of this subsection, the court may also order any of the following special conditions:

             (i) The offender shall remain within, or outside of, a specified geographical boundary;

             (ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

             (iii) The offender shall participate in crime-related treatment or counseling services;

             (iv) The offender shall not consume alcohol; or

             (v) The offender shall comply with any crime-related prohibitions.

             (d) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections.

             (10)(a) When a court sentences a person to the custody of the department of corrections for an offense categorized as a sex offense committed on or after the effective date of this act, the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2).

             (b) Unless a condition is waived by the court, the terms of community custody shall be the same as those provided for in subsection (9)(b) of this section and may include those provided for in subsection (9)(c) of this section. As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section.

             (c) At any time prior to the completion of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040.

             (11) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.

             (((11))) (12) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit. The offender's compliance with payment of legal financial obligations shall be supervised by the department. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.

             (((12))) (13) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision or community placement which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

             (((13))) (14) All offenders sentenced to terms involving community supervision, community service, community placement, or legal financial obligation shall be under the supervision of the ((secretary of the)) department of corrections ((or such person as the secretary may designate)) and shall follow explicitly the instructions and conditions of the ((secretary including)) department of corrections.

             (a) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment.

             (b) For sex offenders sentenced to terms involving community custody for crimes committed on or after the effective date of this act, the department may include, in addition to the instructions in (a) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals. The conditions authorized under this subsection (14)(b) may be imposed by the department prior to or during a sex offenders' community custody term. If a violation of conditions imposed by the court or the department pursuant to subsection (10) of this section occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.207 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.205. At any time prior to the completion of a sex offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to subsection (10) of this section be continued beyond the expiration of the offender's term of community custody as authorized in subsection (10)(c) of this section.

             The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.

             (((14))) (15) All offenders sentenced to terms involving community supervision, community service, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

             (((15))) (16) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

             (((16))) (17) A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210 (2) through (6).

             (((17))) (18) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution.

             (((18))) (19) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement.

             (((19))) (20) In any sentence of partial confinement, the court may require the defendant to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.

             (((20))) (21) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations.


             Sec. 3. RCW 9.94A.205 and 1988 c 153 s 4 are each amended to read as follows:

             (1) If an inmate violates any condition or requirement of community custody, the department may transfer the inmate to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation and subject to the limitations of subsection (2) of this section.

             (2)(a) For a sex offender sentenced to a term of community custody under RCW 9.94A.120(8) who violates any condition of community custody, the department may impose a sanction of up to sixty days confinement in a local correctional facility for each violation. If the department imposes a sanction, the department shall submit within seventy-two hours a report to the court and the prosecuting attorney outlining the violation or violations and the sanctions imposed.

             (b) For a sex offender sentenced to a term of community custody under RCW 9.94A.120(10) who violates any condition of community custody after having completed his or her maximum term of total confinement, including time served on community custody in lieu of earned early release, the department may impose a sanction of up to sixty days in a local correctional facility for each violation.

             (3) If an inmate is accused of violating any condition or requirement of community custody, he or she is entitled to a hearing before the department prior to the imposition of sanctions. The hearing shall be considered as inmate disciplinary proceedings and shall not be subject to chapter 34.05 RCW. The department shall develop hearing procedures and sanctions.


             Sec. 4. RCW 9.94A.207 and 1988 c 153 s 5 are each amended to read as follows:

             (1) The secretary may issue warrants for the arrest of any offender who violates a condition of community placement. The arrest warrants shall authorize any law enforcement or peace officer or community corrections officer of this state or any other state where such offender may be located, to arrest the offender and place him or her in total confinement pending disposition of the alleged violation. The department shall compensate the local jurisdiction at the office of financial management's adjudicated rate, in accordance with RCW 70.48.440. A community corrections officer, if he or she has reasonable cause to believe an offender in community placement has violated a condition of community placement, may suspend the person's community placement status and arrest or cause the arrest and detention in total confinement of the offender, pending the determination of the secretary as to whether the violation has occurred. The community corrections officer shall report to the secretary all facts and circumstances and the reasons for the action of suspending community placement status. A violation of a condition of community placement shall be deemed a violation of the sentence for purposes of RCW 9.94A.195. The authority granted to community corrections officers under this section shall be in addition to that set forth in RCW 9.94A.195.

             (2) Inmates, as defined in RCW ((72.09.020)) 72.09.015, who have been transferred to community custody and who are detained in a local correctional facility are the financial responsibility of the department of corrections, except as provided in subsection (3) of this section. The community custody inmate shall be removed from the local correctional facility, except as provided in subsection (3) of this section, not later than eight days, excluding weekends and holidays, following admittance to the local correctional facility and notification that the inmate is available for movement to a state correctional institution. ((However, if good cause is shown,))

             (3) The department may negotiate with local correctional authorities for an additional period of detention; however, sex offenders sanctioned for community custody violations under RCW 9.94A.205(2) to a term of confinement shall remain in the local correctional facility for the complete term of the sanction. For confinement sanctions imposed under RCW 9.94A.205(2)(a), the local correctional facility shall be financially responsible. For confinement sanctions imposed under RCW 9.94A.205(2)(b), the department of corrections shall be financially responsible for that portion of the sanction served during the time in which the sex offender is on community custody in lieu of earned early release, and the local correctional facility shall be financially responsible for that portion of the sanction served by the sex offender after the time in which the sex offender is on community custody in lieu of earned early release.


             Sec. 5. RCW 9.94A.030 and 1995 c 268 s 2, 1995 c 108 s 1, and 1995 c 101 s 2 are each reenacted and amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

             (2) "Commission" means the sentencing guidelines commission.

             (3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

             (4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time or imposed pursuant to RCW 9.94A.120 (6), (8), or (10) served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.

             (5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

             (6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.

             (7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.

             (8) "Confinement" means total or partial confinement as defined in this section.

             (9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

             (10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to the provisions in RCW 38.52.430.

             (11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.

             (12)(a) "Criminal history" means the list of a defendant's prior convictions, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.

             (b) "Criminal history" shall always include juvenile convictions for sex offenses and serious violent offenses and shall also include a defendant's other prior convictions in juvenile court if: (i) The conviction was for an offense which is a felony or a serious traffic offense and is criminal history as defined in RCW 13.40.020(9); (ii) the defendant was fifteen years of age or older at the time the offense was committed; and (iii) with respect to prior juvenile class B and C felonies or serious traffic offenses, the defendant was less than twenty-three years of age at the time the offense for which he or she is being sentenced was committed.

             (13) "Day fine" means a fine imposed by the sentencing judge that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.

             (14) "Day reporting" means a program of enhanced supervision designed to monitor the defendant's daily activities and compliance with sentence conditions, and in which the defendant is required to report daily to a specific location designated by the department or the sentencing judge.

             (15) "Department" means the department of corrections.

             (16) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

             (17) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

             (18) "Drug offense" means:

             (a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);

             (b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or

             (c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.

             (19) "Escape" means:

             (a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or

             (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.

             (20) "Felony traffic offense" means:

             (a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or

             (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.

             (21) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.

             (22)(a) "First-time offender" means any person who is convicted of a felony (i) not classified as a violent offense or a sex offense under this chapter, or (ii) that is not the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in schedule I or II that is a narcotic drug, nor the manufacture, delivery, or possession with intent to deliver methamphetamine, its salts, isomers, and salts of its isomers as defined in RCW 69.50.206(d)(2), nor the selling for profit of any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, and except as provided in (b) of this subsection, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.

             (b) For purposes of (a) of this subsection, a juvenile adjudication for an offense committed before the age of fifteen years is not a previous felony conviction except for adjudications of sex offenses and serious violent offenses.

             (23) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:

             (a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

             (b) Assault in the second degree;

             (c) Assault of a child in the second degree;

             (d) Child molestation in the second degree;

             (e) Controlled substance homicide;

             (f) Extortion in the first degree;

             (g) Incest when committed against a child under age fourteen;

             (h) Indecent liberties;

             (i) Kidnapping in the second degree;

             (j) Leading organized crime;

             (k) Manslaughter in the first degree;

             (l) Manslaughter in the second degree;

             (m) Promoting prostitution in the first degree;

             (n) Rape in the third degree;

             (o) Robbery in the second degree;

             (p) Sexual exploitation;

             (q) Vehicular assault;

             (r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

             (s) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under this section;

             (t) Any other felony with a deadly weapon verdict under RCW 9.94A.125;

             (u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection.

             (24) "Nonviolent offense" means an offense which is not a violent offense.

             (25) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

             (26) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.

             (27) "Persistent offender" is an offender who:

             (a) Has been convicted in this state of any felony considered a most serious offense; and

             (b) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted.

             (28) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

             (29) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.

             (30) "Serious traffic offense" means:

             (a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or

             (b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.

             (31) "Serious violent offense" is a subcategory of violent offense and means:

             (a) Murder in the first degree, homicide by abuse, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or

             (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.

             (32) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

             (33) "Sex offense" means:

             (a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or a felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

             (b) A felony with a finding of sexual motivation under RCW 9.94A.127 or 13.40.135; or

             (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.

             (34) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.

             (35) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

             (36) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.

             (37) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.

             (38) "Violent offense" means:

             (a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, robbery in the second degree, vehicular assault, and vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

             (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and

             (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.

             (39) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county or the state are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (33) of this section are not eligible for the work crew program.

             (40) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.

             (41) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.

             (42) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.


             Sec. 6. RCW 9.94A.155 and 1994 c 129 s 3 and 1994 c 77 s 1 are each reenacted and amended to read as follows:

             (1) At the earliest possible date, and in no event later than thirty days before release except in the event of escape or emergency furloughs as defined in RCW 72.66.010, the department of corrections shall send written notice of parole, release, community placement, work release placement, furlough, or escape about a specific inmate convicted of a violent offense, a sex offense as defined by RCW 9.94A.030, or a felony harassment offense as defined by RCW 9A.46.060 or 9A.46.110, to the following:

             (a) The chief of police of the city, if any, in which the inmate will reside or in which placement will be made in a work release program; and

             (b) The sheriff of the county in which the inmate will reside or in which placement will be made in a work release program.

             The sheriff of the county where the offender was convicted shall be notified if the department does not know where the offender will reside. The department shall notify the state patrol of the release of all sex offenders, and that information shall be placed in the Washington crime information center for dissemination to all law enforcement.

             (2) The same notice as required by subsection (1) of this section shall be sent to the following if such notice has been requested in writing about a specific inmate convicted of a violent offense, a sex offense as defined by RCW 9.94A.030, or a felony harassment offense as defined by RCW 9A.46.060 or 9A.46.110:

             (a) The victim of the crime for which the inmate was convicted or the victim's next of kin if the crime was a homicide;

             (b) Any witnesses who testified against the inmate in any court proceedings involving the violent offense; ((and))

             (c) Any person specified in writing by the prosecuting attorney; and

             (d) Any person who requests such notice about a specific inmate convicted of a sex offense as defined by RCW 9.94A.030 from the department of corrections at least sixty days prior to the expected release date of the offender.

             Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the inmate. Whenever the department of corrections mails notice pursuant to this subsection and the notice is returned as undeliverable, the department shall attempt alternative methods of notification, including a telephone call to the person's last known telephone number.

             (3) The existence of the notice requirements contained in subsections (1) and (2) of this section shall not require an extension of the release date in the event that the release plan changes after notification.

             (4) If an inmate convicted of a violent offense, a sex offense as defined by RCW 9.94A.030, or a felony harassment offense as defined by RCW 9A.46.060 or 9A.46.110, escapes from a correctional facility, the department of corrections shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the inmate resided immediately before the inmate's arrest and conviction. If previously requested, the department shall also notify the witnesses and the victim of the crime for which the inmate was convicted or the victim's next of kin if the crime was a homicide. If the inmate is recaptured, the department shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.

             (5) If the victim, the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.

             (6) The department of corrections shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.

             (7) The department of corrections shall keep, for a minimum of two years following the release of an inmate, the following:

             (a) A document signed by an individual as proof that that person is registered in the victim or witness notification program; and

             (b) A receipt showing that an individual registered in the victim or witness notification program was mailed a notice, at the individual's last known address, upon the release or movement of an inmate.

             (8) For purposes of this section the following terms have the following meanings:

             (a) "Violent offense" means a violent offense under RCW 9.94A.030;

             (b) "Next of kin" means a person's spouse, parents, siblings and children.

             (9) Nothing in this section shall impose any liability upon a chief of police of a city or sheriff of a county for failing to request in writing a notice as provided in subsection (1) of this section.


             Sec. 7. RCW 72.09.340 and 1990 c 3 s 708 are each amended to read as follows:

             (1) In making all discretionary decisions regarding release plans for and supervision of ((sexually violent)) sex offenders, the department ((of corrections)) shall set priorities and make decisions based on an assessment of public safety risks ((rather than the legal category of the sentences)).

             (2) The department shall, no later than September 1, 1996, implement a policy governing the department's evaluation and approval of release plans for sex offenders. The policy shall include, at a minimum, a formal process by which victims, witnesses, and other interested people may provide information and comments to the department on potential safety risks to specific individuals or classes of individuals posed by a specific sex offender. The department shall make all reasonable efforts to publicize the availability of this process through currently existing mechanisms and shall seek the assistance of courts, prosecutors, law enforcement, and victims' advocacy groups in doing so. Notice of an offender's proposed residence shall be provided to all people registered to receive notice of an offender's release under RCW 9.94A.155(2), except that in no case may this notification requirement be construed to require an extension of an offender's release date.

             (3) For any offender convicted of a felony sex offense against a minor victim after the effective date of this act, the department shall not approve a residence location if the proposed residence: (a) Includes a minor victim or child of similar age or circumstance as a previous victim who the department determines may be put at substantial risk of harm by the offender's residence in the household; or (b) is within close proximity of the current residence of a minor victim, unless the whereabouts of the minor victim cannot be determined or unless such a restriction would impede family reunification efforts ordered by the court or directed by the department of social and health services. The department is further authorized to reject a residence location if the proposed residence is within close proximity to schools, child care centers, or other facilities where children of similar age or circumstance as a previous victim are present who the department determines may be put at substantial risk of harm by the sex offender's residence at that location.


             Sec. 8. RCW 71.09.092 and 1995 c 216 s 10 are each amended to read as follows:

             Before the court may enter an order directing conditional release to a less restrictive alternative, it must find the following: (1) The person will be treated by a treatment provider who is qualified to provide such treatment in the state of Washington under chapter 18.155 RCW; (2) the treatment provider has presented a specific course of treatment and has agreed to assume responsibility for such treatment and will report progress to the court on a regular basis, and will report violations immediately to the court, the prosecutor, the supervising community corrections officer, and the superintendent of the special commitment center; (3) ((housing exists that is sufficiently secure to protect the community, and the person or agency providing housing to the conditionally released person has agreed in writing to accept the person, to provide the level of security required by the court, and immediately to report to the court, the prosecutor, the supervising community corrections officer, and the superintendent of the special commitment center if the person leaves the housing to which he or she has been assigned without authorization)) the person or agency providing housing to the conditionally released person meets the qualifications established by the department of social and health services under section 9 of this act and agrees in writing to: (a) Accept the person; (b) provide the level of security required by the court; and (c) immediately report to the court, the prosecutor, the supervising community corrections officer, and the superintendent of the special commitment center if the person leaves, without authorization, the housing to which he or she has been assigned; (4) the person is willing to comply with the treatment provider and all requirements imposed by the treatment provider and by the court; and (5) the person is willing to comply with supervision requirements imposed by the department of corrections.


             NEW SECTION. Sec. 9. A new section is added to chapter 71.09 RCW to read as follows:

             The department of social and health services shall adopt rules establishing the qualifications for any person or agency seeking to provide housing to a person on conditional release pursuant to this chapter. The rules shall address, at a minimum, public safety concerns relating to: (1) The proximity of the proposed housing to vulnerable populations; (2) the appropriate level of security at the facility, including physical requirements of the building or grounds and minimum staffing levels; and (3) the minimum education, training, and experience requirements of staff.


             Sec. 10. RCW 71.09.096 and 1995 c 216 s 12 are each amended to read as follows:

             (1) If the court or jury determines that conditional release to a less restrictive alternative is in the best interest of the person and will adequately protect the community, and the court determines that the minimum conditions set forth in ((section 9 of this act)) RCW 71.09.092 are met, the court shall enter judgment and direct a conditional release.

             (2) The court shall impose any additional conditions necessary to ensure compliance with treatment and to protect the community. If the court finds that conditions do not exist that will both ensure the person's compliance with treatment and protect the community, then the person shall be remanded to the custody of the department of social and health services for control, care, and treatment in a secure facility as designated in RCW 71.09.060(1).

             (3) If the service provider designated to provide inpatient or outpatient treatment or to monitor or supervise any other terms and conditions of a person's placement in a less restrictive alternative is other than the department of social and health services or the department of corrections, then the service provider so designated must agree in writing to provide such treatment.

             (4) Prior to authorizing any release to a less restrictive alternative, the court shall impose such conditions upon the person as are necessary to ensure the safety of the community, including prohibiting the person from living within a specified distance of the current residence of any minor victimized by the person, unless the whereabouts of the minor victim cannot be determined. The court shall order the department of corrections to investigate the less restrictive alternative and recommend any additional conditions to the court. These conditions shall include, but are not limited to the following: Specification of residence, including proximity to prior victims, schools, child care centers, or other facilities with vulnerable populations; prohibition of contact with potential or past victims((,)); prohibition of alcohol and other drug use((,)); participation in a specific course of inpatient or outpatient treatment that may include monitoring by the use of polygraph and plethysmograph((,)); supervision by a department of corrections community corrections officer((,)); a requirement that the person remain within the state unless the person receives prior authorization by the court((,)); and any other conditions that the court determines are in the best interest of the person or others. A copy of the conditions of release shall be given to the person and to any designated service providers.

             (5) Any service provider designated to provide inpatient or outpatient treatment shall monthly, or as otherwise directed by the court, submit to the court, to the department of social and health services facility from which the person was released, to the prosecutor of the county in which the person was found to be a sexually violent predator, and to the supervising community corrections officer, a report stating whether the person is complying with the terms and conditions of the conditional release to a less restrictive alternative.

             (6) Each person released to a less restrictive alternative shall have his or her case reviewed by the court that released him or her no later than one year after such release and annually thereafter until the person is unconditionally discharged. Review may occur in a shorter time or more frequently, if the court, in its discretion on its own motion, or on motion of the person, the secretary, or the prosecuting attorney so determines. The sole question to be determined by the court is whether the person shall continue to be conditionally released to a less restrictive alternative. The court in making its determination shall be aided by the periodic reports filed pursuant to subsection (5) of this section and the opinions of the secretary and other experts or professional persons.


             Sec. 11. RCW 4.24.550 and 1994 c 129 s 2 are each amended to read as follows:

             (1) Public agencies are authorized to release relevant and necessary information regarding sex offenders to the public when the release of the information is necessary for public protection. This authority exists whether or not the public agency received notification about the sex offender from the department of corrections or the department of social and health services or any other public agency.

             (2) Local law enforcement agencies and officials who decide to release information pursuant to this section shall make a good faith effort to notify the public and residents at least fourteen days before the sex offender is released or if the offender receives a special sex offender disposition alternative under RCW 13.40.160 or special sex offender sentencing alternative under RCW 9.94A.120 at least thirty days after the sex offender is sentenced. If a change occurs in the release plan, this notification provision will not require an extension of the release date. The department of corrections and the department of social and health services shall provide local law enforcement officials with all relevant information on sex offenders about to be released or placed into the community in a timely manner. The juvenile court shall provide local law enforcement officials with all relevant information on sex offenders allowed to remain in the community in a timely manner.

             (3) An elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for damages for any discretionary decision to release relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The authorization and immunity in this section applies to information regarding: (a) A person convicted of, or juvenile found to have committed, a sex offense as defined by RCW 9.94A.030; (b) a person found not guilty of a sex offense by reason of insanity under chapter 10.77 RCW; (c) a person found incompetent to stand trial for a sex offense and subsequently committed under chapter 71.05 or 71.34 RCW; (d) a person committed as a sexual psychopath under chapter 71.06 RCW; or (e) a person committed as a sexually violent predator under chapter 71.09 RCW. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public.

             (4) Except as otherwise provided by statute, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information as provided in subsections (2) and (3) of this section.

             (5) Nothing in this section implies that information regarding persons designated in subsections (2) and (3) of this section is confidential except as otherwise provided by statute.


             Sec. 12. RCW 13.40.215 and 1995 c 324 s 1 are each amended to read as follows:

             (1)(a) Except as provided in subsection (2) of this section, at the earliest possible date, and in no event later than thirty days before discharge, parole, or any other authorized leave or release, or before transfer to a community residential facility, the secretary shall send written notice of the discharge, parole, authorized leave or release, or transfer of a juvenile found to have committed a violent offense, a sex offense, or stalking, to the following:

             (i) The chief of police of the city, if any, in which the juvenile will reside;

             (ii) The sheriff of the county in which the juvenile will reside; and

             (iii) The approved private schools and the common school district board of directors of the district in which the juvenile intends to reside or the approved private school or public school district in which the juvenile last attended school, whichever is appropriate, except when it has been determined by the department that the juvenile is twenty-one years old; is not required to return to school under chapter 28A.225 RCW; or will be in the community for less than seven consecutive days on approved leave and will not be attending school during that time.

             (b) The same notice as required by (a) of this subsection shall be sent to the following, if such notice has been requested in writing about a specific juvenile:

             (i) The victim of the offense for which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide;

             (ii) Any witnesses who testified against the juvenile in any court proceedings involving the offense; and

             (iii) Any person specified in writing by the prosecuting attorney.

Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the juvenile. The notice to the chief of police or the sheriff shall include the identity of the juvenile, the residence where the juvenile will reside, the identity of the person, if any, responsible for supervising the juvenile, and the time period of any authorized leave.

             (c) The thirty-day notice requirements contained in this subsection shall not apply to emergency medical furloughs.

             (d) The existence of the notice requirements in this subsection will not require any extension of the release date in the event the release plan changes after notification.

             (2)(a) If a juvenile found to have committed a violent offense, a sex offense, or stalking escapes from a facility of the department, the secretary shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the juvenile resided immediately before the juvenile's arrest. If previously requested, the secretary shall also notify the witnesses and the victim of the offense which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide. If the juvenile is recaptured, the secretary shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.

             (b) The secretary may authorize a leave, for a juvenile found to have committed a violent offense, a sex offense, or stalking, which shall not exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member of the juvenile's family. The secretary may authorize a leave, which shall not exceed the time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department. Prior to the commencement of an emergency or medical leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will be during the leave period. The notice shall include the identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the person responsible for supervising the juvenile during the leave. If previously requested, the department shall also notify the witnesses and victim of the offense which the juvenile was found to have committed or the victim's next of kin if the offense was a homicide.

             In case of an emergency or medical leave the secretary may waive all or any portion of the requirements for leaves pursuant to RCW 13.40.205 (2)(a), (3), (4), and (5).

             (3) If the victim, the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.

             (4) The secretary shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.

             (5) Except as provided in subsection (2) of this section, at the earliest possible date, and in no event later than five days after sentencing a sex offender to a special sex offender disposition alternative under RCW 13.40.160(5), the juvenile court shall send written notice of the disposition to the following:

             (a) The chief of police of the city, if any, in which the juvenile will reside; and

             (b) The sheriff of the county in which the juvenile will reside.

             (6) Upon discharge, parole, or other authorized leave or release, a convicted juvenile sex offender shall not attend a public elementary, middle, or high school that is attended by a victim of the sex offender. The parents or legal guardians of the convicted juvenile sex offender shall be responsible for transportation or other costs associated with or required by the sex offender's change in school that otherwise would be paid by a school district. Upon discharge, parole, or other authorized leave or release of a convicted juvenile sex offender, the secretary shall send written notice of the discharge, parole, or other authorized leave or release and the requirements of this subsection to the common school district board of directors of the district in which the sex offender intends to reside or the district in which the sex offender last attended school, whichever is appropriate.

             (((6))) (7) For purposes of this section the following terms have the following meanings:

             (a) "Violent offense" means a violent offense under RCW 9.94A.030;

             (b) "Sex offense" means a sex offense under RCW 9.94A.030;

             (c) "Stalking" means the crime of stalking as defined in RCW 9A.46.110;

             (d) "Next of kin" means a person's spouse, parents, siblings, and children.


             Sec. 13. RCW 13.40.217 and 1990 c 3 s 102 are each amended to read as follows:

             In addition to any other information required to be released under this chapter, the department ((is)) and juvenile courts are authorized, pursuant to RCW 4.24.550, to release relevant information that is necessary to protect the public concerning juveniles adjudicated of sex offenses.


             NEW SECTION. Sec. 14. Sections 11 through 13 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.


             NEW SECTION. Sec. 15. Sections 1 through 5 of this act apply to crimes committed on or after the effective date of this act.


             NEW SECTION. Sec. 16. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, this act is null and void."


             On page 1, line 1 of the title, after "offenders;" strike the remainder of the title and insert "amending RCW 9.94A.120, 9.94A.205, 9.94A.207, 72.09.340, 71.09.092, 71.09.096, 4.24.550, 13.40.215, and 13.40.217; reenacting and amending RCW 9.94A.030 and 9.94A.155; adding a new section to chapter 71.09 RCW; creating new sections; prescribing penalties; and declaring an emergency."


             Signed by Representatives Huff, Chairman; Clements, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Brumsickle; Carlson; Chappell; Cooke; Crouse; Dellwo; Dyer; Foreman; Grant; Hickel; Jacobsen; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.


             Voting Yea: Representatives Huff, Clements, H. Sommers, Valle, Basich, Brumsickle, Carlson, Chappell, Cooke, Crouse, Dellwo, Dyer, Foreman, Grant, Hickel, Jacobsen, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Excused: Representatives Pelesky and Beeksma.


             Passed to Committee on Rules for second reading.


February 26, 1996

ESSB 6284       Prime Sponsor, Committee on Ways & Means: Providing sales and use tax exemptions for public records. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass. Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Boldt, Vice Chairman; Dickerson, Assistant Ranking Minority Member; Hymes; Mason; Mulliken; Pennington; Schoesler and Van Luven.

 

MINORITY recommendation: Without recommendation. Signed by Representative Sheldon.


             Voting Yea: Representatives B. Thomas, Carrell, Boldt, Dickerson, Hymes, Mason, Mulliken, Pennington, Schoesler and Van Luven.

             Voting Nay: Representative Sheldon.

             Excused: Representative Morris.


             Passed to Committee on Rules for second reading.


February 26, 1996

ESSB 6348       Prime Sponsor, Committee on Transportation: Facilitating smoother flow of traffic. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Mitchell, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Backlund; Blanton; Buck; Cairnes; Chopp; Horn; Johnson; McMahan; Patterson; Romero; D. Schmidt; Scott and Tokuda.


             Voting Yea: Representatives K. Schmidt, Skinner, Mitchell, R. Fisher, Hatfield, Backlund, Blanton, Buck, Cairnes, Chopp, Elliot, Hankins, Johnson, McMahan, Ogden, Patterson, Robertson, Romero, D. Schmidt, Scott and Tokuda.

             Excused: Representatives Benton, Brown, Chandler, Horn, Quall and Sterk.


             Passed to Committee on Rules for second reading.


February 26, 1996

SSB 6351          Prime Sponsor, Committee on Transportation: Regulating electric-assisted bicycles. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Mitchell, Vice Chairman; Skinner, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Backlund; Blanton; Buck; Cairnes; Chopp; Elliot; Hankins; Horn; Johnson; McMahan; Ogden; Patterson; Robertson; Romero; D. Schmidt; Scott and Tokuda.


             Voting Yea: Representatives K. Schmidt, Skinner, Mitchell, R. Fisher, Hatfield, Backlund, Blanton, Buck, Cairnes, Chopp, Elliot, Hankins, Horn, Johnson, McMahan, Ogden, Patterson, Robertson, Romero, D. Schmidt, Scott and Tokuda.

             Excused: Representatives Benton, Brown, Chandler, Quall and Sterk.


             Passed to Committee on Rules for second reading.


February 26, 1996

SSB 6432          Prime Sponsor, Committee on Education: Requiring individualized education programs for deaf, deaf-blind, and hard of hearing children to fully consider the communications needs of individual children. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Education with the following amendment:


             On page 3, beginning on line 1, strike everything through "act." on line 8 and insert the following:

             "NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1996, in the omnibus supplemental appropriations act, this act is null and void."

Correct title accordingly.


             Signed by Representatives Huff, Chairman; Clements, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Brumsickle; Carlson; Chappell; Cooke; Crouse; Dellwo; Dyer; Foreman; Hickel; Jacobsen; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.


             Voting Yea: Representatives Huff, Clements, H. Sommers, Valle, Basich, Brumsickle, Carlson, Chappell, Cooke, Crouse, Dellwo, Dyer, Foreman, Grant, Hickel, Jacobsen, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

             Excused: Representatives Pelesky and Beeksma.


             Passed to Committee on Rules for second reading.


February 26, 1996

SSB 6532          Prime Sponsor, Committee on Transportation: Extending an exception from vessel registration. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 88.02.030 and 1991 c 339 s 30 are each amended to read as follows:

             Vessel registration is required under this chapter except for the following:

             (1) Military or public vessels of the United States, except recreational-type public vessels;

             (2) Vessels owned by a state or subdivision thereof, used principally for governmental purposes and clearly identifiable as such;

             (3) Vessels either (a) registered or numbered under the laws of a country other than the United States; or (b) having a valid United States customs service cruising license issued pursuant to 19 C.F.R. Sec. 4.94;

             (4) Vessels that have been issued a valid number under federal law or by an approved issuing authority of the state or country of principal operation. However, a vessel that is validly registered in another state or country but that is removed to this state for principal use is subject to registration under this chapter. The issuing authority for this state shall recognize the validity of the numbers previously issued for a period of sixty days after arrival in this state;

             (5) Vessels owned by a ((resident of another state)) nonresident if the vessel is located upon the waters of this state exclusively for repairs or reconstruction, or any testing related to the repair or reconstruction conducted in this state if an employee of the repair facility is on board the vessel during any testing: PROVIDED, That any vessel owned by a ((resident of another state)) nonresident is located upon the waters of this state exclusively for repairs, reconstruction or testing for a period longer than sixty days, that the nonresident shall file an affidavit with the department of revenue verifying the vessel is located upon the waters of this state for repair, reconstruction or testing and shall continue to file such affidavit every sixty days thereafter, while the vessel is located upon the waters of this state exclusively for repairs, reconstruction or testing;

             (6) Vessels equipped with propulsion machinery of less than ten horsepower that:

             (a) Are owned by the owner of a vessel for which a valid vessel number has been issued;

             (b) Display the number of that numbered vessel followed by the suffix "1" in the manner prescribed by the department; and

             (c) Are used as a tender for direct transportation between that vessel and the shore and for no other purpose;

             (7) Vessels under sixteen feet in overall length which have no propulsion machinery of any type or which are not used on waters subject to the jurisdiction of the United States or on the high seas beyond the territorial seas for vessels owned in the United States and are powered by propulsion machinery of ten or less horsepower;

             (8) Vessels with no propulsion machinery of any type for which the primary mode of propulsion is human power;

             (9) Vessels which are temporarily in this state undergoing repair or alteration;

             (10) Vessels primarily engaged in commerce which have or are required to have a valid marine document as a vessel of the United States. Commercial vessels which the department of revenue determines have the external appearance of vessels which would otherwise be required to register under this chapter, must display decals issued annually by the department of revenue that indicate the vessel's exempt status; ((and))

             (11) Vessels primarily engaged in commerce which are owned by a resident of a country other than the United States; and

             (12) Vessels owned by a nonresident individual brought into this state for his or her use or enjoyment while temporarily within the state for not more than six months in any continuous twelve-month period, unless the vessel is used in conducting a nontransitory business activity within the state.


             NEW SECTION. Sec. 2. Section 1 of this act shall expire July 1, 1999."



             On page 1, line 1 of the title, after "registration;" strike the remainder of the title and insert "amending RCW 88.02.030; and providing an expiration date."


             Signed by Representatives K. Schmidt, Chairman; Mitchell, Vice Chairman; Skinner, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Backlund; Blanton; Buck; Cairnes; Chopp; Elliot; Hankins; Horn; Johnson; McMahan; Ogden; Patterson; Robertson; Romero; D. Schmidt; Scott and Tokuda.


             Voting Yea: Representatives K. Schmidt, Skinner, Mitchell, R. Fisher, Hatfield, Backlund, Blanton, Buck, Cairnes, Chopp, Elliot, Hankins, Horn, Johnson, McMahan, Ogden, Patterson, Robertson, Romero, D. Schmidt, Scott and Tokuda.

             Excused: Representatives Benton, Brown, Chandler, Quall and Sterk.


             Passed to Committee on Rules for second reading.


February 26, 1996

SB 6718            Prime Sponsor, Sutherland: Funding local government archives and records management. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 36.22 RCW to read as follows:

             In addition to any other charge authorized by law, the county auditor shall charge a surcharge of one dollar per instrument for each document recorded. Revenue generated through this surcharge shall be transmitted monthly to the state treasurer for deposit in the archives and records management account. These funds shall be used solely for providing records scheduling, security microfilm inspection and storage, archival preservation, cataloging, and indexing for local government records through the regional branch archives of the division.


             Sec. 2. RCW 40.14.025 and 1991 sp.s. c 13 s 5 are each amended to read as follows:

             (1) The secretary of state and the director of financial management shall jointly establish a ((schedule of fees and charges governing the)) procedure and formula for allocating the costs of services provided by the division of archives and records management to ((other)) state agencies((, offices, departments, and other entities. The schedule shall be determined such that the fees and charges will provide the division with funds to meet its anticipated expenditures)). The total amount allotted for services to state agencies shall not exceed the appropriation to the archives and records management account during any allotment period.

             There is created the archives and records management account in the state treasury which shall consist of all fees and charges collected under this section, section 1 of this act, and section 3 of this act. The account shall be appropriated exclusively for ((use by the secretary of state for)) the payment of costs and expenses incurred in the operation of the division of archives and records management as specified by law.


             Sec. 3. RCW 40.14.027 and 1995 c 292 s 17 are each amended to read as follows:

             State agencies shall collect a surcharge of twenty dollars from the judgment debtor upon the satisfaction of a warrant filed in superior court for unpaid taxes or liabilities. The surcharge is imposed on the judgment debtor in the form of a penalty in addition to the filing fee provided in RCW 36.18.012(3). The surcharge revenue shall be transmitted to the state treasurer for deposit in the archives and records management account((, or procedures for the collection and transmittal of surcharge revenue to the archives and records management account shall be established cooperatively between the filing agencies and clerks of superior court)).

             Surcharge revenue deposited in the archives and records management account shall be expended by the secretary of state exclusively for ((the payment of costs and expenses incurred in the provision of public archives and records management services to)) disaster recovery, essential records protection services, and records management training for local government agencies by the division of archives and records management. The secretary of state shall ((work)), with local government representatives ((to)), establish a committee to advise the state archivist on the local government archives and records management program. ((Surcharge revenue shall be allocated exclusively to:

             (1) Appraise, process, store, preserve, and provide public research access to original records designated by the state archivist as archival which are no longer required to be kept by the agencies which originally made or filed them;

             (2) Protect essential records, as provided by chapters 40.10 and 40.20 RCW. Permanent facsimiles of essential records shall be produced and placed in security storage with the state archivist;

             (3) Coordinate records retention and disposition management and provide support for the following functions under RCW 40.14.070:

             (a) Advise and assist individual agencies on public records management requirements and practices; and

             (b) Compile, maintain, and regularly update general records retention schedules and destruction authorizations; and

             (4) Develop and maintain standards for the application of recording media and records storage technologies.))


             NEW SECTION. Sec. 4. This act takes effect on July 1, 1996."


             In line 1 of the title, after "management;" strike the remainder of the title and insert "amending RCW 40.14.025 and 40.14.027; adding a new section to chapter 36.22 RCW; and providing an effective date."


             Signed by Representatives B. Thomas, Chairman; Boldt, Vice Chairman; Morris, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Hymes; Mason; Pennington and Schoesler.

 

MINORITY recommendation: Do not pass. Signed by Representatives Carrell, Vice Chairman; Mulliken; Sheldon and Van Luven.


             Voting Yea: Representatives B. Thomas, Boldt, Dickerson, Hymes, Mason and Schoesler.

             Voting Nay: Representatives Carrell, Mulliken, Pennington, Sheldon and Van Luven.

             Excused: Representative Morris.


             Passed to Committee on Rules for second reading.


February 26, 1996

SJM 8027         Prime Sponsor, Wojahn: Objecting to the proliferation of billboard signs on Indian trust lands in the state of Washington. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Mitchell, Vice Chairman; Skinner, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Backlund; Buck; Chopp; Hankins; Horn; Ogden; Robertson; Scott and Tokuda.

 

MINORITY recommendation: Do not pass. Signed by Representatives Blanton; Cairnes; Elliot; Johnson; McMahan; Patterson; Romero and D. Schmidt.


             Voting Yea: Representatives K. Schmidt, Skinner, Mitchell, R. Fisher, Hatfield, Backlund, Buck, Chopp, Hankins, Horn, Ogden, Robertson, Scott and Tokuda.

             Voting Nay: Representatives Blanton, Cairnes, Elliot, Johnson, McMahan, Patterson, Romero and D. Schmidt.

             Excused: Representatives Benton, Brown, Chandler, Quall and Sterk.


             Passed to Committee on Rules for second reading.


             There being no objection, the bills and memorial listed on today's supplemental committee reports under the fifth order of business were referred to the committees so designated.


             There being no objection, the House advanced to the eleventh order of business.


             There being no objection, the House adjourned until 9:00 a.m., Tuesday, February 27, 1996.


CLYDE BALLARD, Speaker

TIMOTHY A. MARTIN, Chief Clerk


5050 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117

5159 (4th Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

5322 (2nd Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128

5375 (2nd Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

5516 (2nd Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

5522 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118

5757 (2nd Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119

6062 (3rd Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129

6078 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214

6111 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216

6113 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119

6146 (2nd Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218

6167

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120

6173 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218

6181

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120

6214 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .121

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

6216

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122

6217

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .122

6220

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

6230

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226

6231 (2nd Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232

6237 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

6241 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233

6253

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

6263 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

6271 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124

6274 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236

6284 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254

6294

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

6336 (2nd Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

6348 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255

6351 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255

6379 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .124

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

6398 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

6414

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126

6430 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99

6432 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255

6467

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127

6487 (Sub)

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127

6489

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128

6513 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99

6532 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256

6566

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

6583 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

6618 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

6680 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

6684

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114

6718

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257

8027

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259