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FORTY SEVENTH DAY




AFTERNOON SESSION




House Chamber, Olympia, February 27, 1998


             The House was called to order at 1:30 p.m. by the Speaker (Representative Pennington presiding). The Clerk called the roll and a quorum was present.


             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Stephanie Bryan and Erich Davis. Prayer was offered by Pastor Judy Schultz, Crown Hill United Methodist Church, Seattle.


             The Speaker assumed the chair.


             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 sixth order of business.


SECOND READING


             HOUSE BILL NO. 2417, by Representatives Pennington, Mielke, Hatfield, Doumit, Ogden, Carlson, Alexander and Hankins

 

Authorizing local vehicle license fees adopted to fund specific projects.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2417 was substituted for House Bill No. 2417 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2417 was read the second time.


             Representative Mielke moved the adoption of amendment (1018):


             On page 1, line 6 after "county, or" strike "of" and insert "subject to subsection (7) of this section,"


             On page 2, line 20 after "(7)" strike all material through line 31 and insert the following:

             "For purposes of this section, a "qualifying city or town" means a city or town residing within a county having a population of greater than seventy-five thousand in which is located all or part of a national monument. A qualifying city or town may impose the fee authorized in subsection (1) subject to the following conditions and limitations:

             (a) The city or town may impose the fee only if authorized to do so by a majority of voters voting at a general or special election on a proposition for that purpose. At a minimum, the ballot measure shall contain: (i) a description of the transportation project proposed for funding, properly identified by mileposts or other designations that specify the project parameters; (ii) the proposed number of months or years necessary to fund the city or town's share of the project cost; and (iii) the amount of fee to be imposed for the project.

             (b) The city or town may not impose a fee that, if combined with the county fee, exceeds fifteen dollars. If a county imposes or increases a fee under this section that, if combined with the fee imposed by a city or town, exceeds fifteen dollars, the city or town fee shall be reduced or eliminated as needed so that in no city or town does the combined fee exceed fifteen dollars. All revenues from county-imposed fees shall be distributed as called for in RCW 82.80.020(1).

             (c) Any fee imposed by a city or town under this section shall expire at the end of the term of months or years provided in the ballot measure, or when the city or town's bonded indebtedness on the project is retired, whichever is sooner."


             Representative Mielke spoke in favor of the adoption of the amendment.


             The amendment was adopted. The bill was ordered engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Pennington and Fisher spoke in favor of passage of the bill.


MOTION


             On motion of Representative Kessler, Representative Costa was excused.


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2417.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2417 and the bill passed the House by the following vote: Yeas - 91, Nays - 6, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Skinner, Smith, Sommers, D., Sommers, H., Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 91.

             Voting nay: Representatives Carrell, Chandler, Koster, Sherstad, Sterk and Van Luven - 6.

             Excused: Representative Costa - 1.


             Engrossed Substitute House Bill No. 2417, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 3015, by Representatives Huff, Fisher, K. Schmidt, Zellinsky, Talcott, Carrell, Johnson, Kessler, Lantz and Eickmeyer

 

Providing tax exemptions for the state route number 16 corridor.


             The bill was read the second time. There being no objection, Substitute House Bill No. 3015 was substituted for House Bill No. 3015 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 3015 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 Huff, Lantz and Fisher spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 3015.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 3015 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Costa - 1.


             Substitute House Bill No. 3015, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 1184, by Representatives Van Luven, Mason, Smith, Dunn, Carrell, Delvin, Cairnes, Sheldon, B. Thomas, Morris, Quall, Koster, Mulliken, Sherstad, Schoesler, D. Schmidt, Hatfield, Wood, Honeyford and Backlund

 

Repealing the sales tax on coin-operated laundromats in apartments and mobile home communities.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1184 was substituted for House Bill No. 1184 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 1184 was read the second time.


             Representative Conway moved the adoption of amendment (1013):


             On page 1, after line 3, insert:

             "NEW SECTION. Sec. 1. The legislature understands the intent of the sponsors of this bill is to provide relief for low-income families for their laundry costs."


             Renumber sections consecutively and correct any internal references accordingly.


             Representatives Conway, Dunshee, Chopp and Mason spoke in favor of the adoption of the amendment.


             Representatives B. Thomas, Pennington and Carrell spoke against the adoption of the amendment.


             Representative Hatfield demanded an electronic roll call vote and the demand was sustained.


             The Speaker stated the question before the House to be adoption of amendment 1013 to Substitute House Bill No. 1184.


ROLL CALL


             The Clerk called the roll on the adoption of the amendment 1013 to Substitute House Bill No. 1184, and the amendment was not adopted by the following vote: Yeas - 44, Nays - 54, Absent - 0, Excused - 0.

             Voting yea: Representatives Anderson, Appelwick, Butler, Cairnes, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Van Luven, Veloria, Wolfe, Wood and Zellinsky - 44.

             Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Wensman and Mr. Speaker - 54.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Van Luven, Dunshee, Mastin, Morris and Zellinsky spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1184.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1184 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Substitute House Bill No. 1184, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 1185, by Representatives Van Luven, Mason, Smith, Carrell, Dickerson, Dunn, Cairnes, Morris, B. Thomas, Delvin, Sheldon, Quall, Koster, Mulliken, Sherstad, Schoesler, Hatfield and Backlund

 

Repealing the sales tax on landscape maintenance.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1185 was substituted for House Bill No. 1185 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 1185 was read the second time.


             Representative B. Thomas moved the adoption of amendment (1023):


             On page 5, line 30, strike "July 1, 1998" and insert "January 1, 1999"


             Representative B. Thomas spoke in favor of the adoption of the amendment.


             Representative Dunshee spoke against the adoption of the amendment.


             The amendment was adopted.


             Representative Dunshee moved the adoption of amendment (1014):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 82.04.050 and 1997 c 127 s 1 are each amended to read as follows:

             (1) "Sale at retail" or "retail sale" means every sale of tangible personal property (including articles produced, fabricated, or imprinted) to all persons irrespective of the nature of their business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for consumers other than a sale to a person who presents a resale certificate under RCW 82.04.470 and who:

             (a) Purchases for the purpose of resale as tangible personal property in the regular course of business without intervening use by such person; or

             (b) Installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal property of or for consumers, if such tangible personal property becomes an ingredient or component of such real or personal property without intervening use by such person; or

             (c) Purchases for the purpose of consuming the property purchased in producing for sale a new article of tangible personal property or substance, of which such property becomes an ingredient or component or is a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale; or

             (d) Purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon; or

             (e) Purchases for the purpose of providing the property to consumers as part of competitive telephone service, as defined in RCW 82.04.065. The term shall include every sale of tangible personal property which is used or consumed or to be used or consumed in the performance of any activity classified as a "sale at retail" or "retail sale" even though such property is resold or utilized as provided in (a), (b), (c), (d), or (e) of this subsection following such use. The term also means every sale of tangible personal property to persons engaged in any business which is taxable under RCW 82.04.280 (2) and (7) and 82.04.290.

             (2) The term "sale at retail" or "retail sale" shall include the sale of or charge made for tangible personal property consumed and/or for labor and services rendered in respect to the following:

             (a) The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal property of or for consumers, including charges made for the mere use of facilities in respect thereto, but excluding sales of laundry service to members by nonprofit associations composed exclusively of nonprofit hospitals, and excluding services rendered in respect to live animals, birds and insects;

             (b) The constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for consumers, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation, and shall also include the sale of services or charges made for the clearing of land and the moving of earth excepting the mere leveling of land used in commercial farming or agriculture;

             (c) The charge for labor and services rendered in respect to constructing, repairing, or improving any structure upon, above, or under any real property owned by an owner who conveys the property by title, possession, or any other means to the person performing such construction, repair, or improvement for the purpose of performing such construction, repair, or improvement and the property is then reconveyed by title, possession, or any other means to the original owner;

             (d) The sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing or moving of existing buildings or structures, but shall not include the charge made for janitorial services; and for purposes of this section the term "janitorial services" shall mean those cleaning and caretaking services ordinarily performed by commercial janitor service businesses including, but not limited to, wall and window washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes and upholstery. The term "janitorial services" does not include painting, papering, repairing, furnace or septic tank cleaning, snow removal or sandblasting;

             (e) The sale of or charge made for labor and services rendered in respect to automobile towing and similar automotive transportation services, but not in respect to those required to report and pay taxes under chapter 82.16 RCW;

             (f) The sale of and charge made for the furnishing of lodging and all other services by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, and it shall be 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 enjoy the same;

             (g) The sale of or charge made for tangible personal property, labor and services to persons taxable under (a), (b), (c), (d), (e), and (f) of this subsection when such sales or charges are for property, labor and services which are used or consumed in whole or in part by such persons in the performance of any activity defined as a "sale at retail" or "retail sale" even though such property, labor and services may be resold after such use or consumption. Nothing contained in this subsection shall be construed to modify subsection (1) of this section and nothing contained in subsection (1) of this section shall be construed to modify this subsection.

             (3) The term "sale at retail" or "retail sale" shall include the sale of or charge made for personal, business, or professional services including amounts designated as interest, rents, fees, admission, and other service emoluments however designated, received by persons engaging in the following business activities:

             (a) Amusement and recreation services including but not limited to golf, pool, billiards, skating, bowling, ski lifts and tows, day trips for sightseeing purposes, and others, when provided to consumers;

             (b) Abstract, title insurance, and escrow services;

             (c) Credit bureau services;

             (d) Automobile parking and storage garage services;

             (e) Landscape maintenance and horticultural services in excess of one hundred dollars per month but excluding (i) horticultural services provided to farmers and (ii) pruning, trimming, repairing, removing, and clearing of trees and brush near electric transmission or distribution lines or equipment, if performed by or at the direction of an electric utility;

             (f) Service charges associated with tickets to professional sporting events; and

             (g) The following personal services: Physical fitness services, tanning salon services, tattoo parlor services, steam bath services, turkish bath services, escort services, and dating services.

             (4) The term shall also include the renting or leasing of tangible personal property to consumers and the rental of equipment with an operator.

             (5) The term shall also include the providing of telephone service, as defined in RCW 82.04.065, to consumers.

             (6) The term shall not include the sale of or charge made for labor and services rendered in respect to the building, repairing, or improving of any street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state or by the United States and which is used or to be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind.

             (7) The term shall also not include sales of chemical sprays or washes to persons for the purpose of postharvest treatment of fruit for the prevention of scald, fungus, mold, or decay, nor shall it include sales of feed, seed, seedlings, fertilizer, agents for enhanced pollination including insects such as bees, and spray materials to: (a) Persons who participate in the federal conservation reserve program, the environmental quality incentives program, the wetlands reserve program, and the wildlife habitat incentives program, or their successors administered by the United States department of agriculture; (b) farmers for the purpose of producing for sale any agricultural product; and (c) farmers acting under cooperative habitat development or access contracts with an organization exempt from federal income tax under 26 U.S.C. Sec. 501(c)(3) or the Washington state department of fish and wildlife to produce or improve wildlife habitat on land that the farmer owns or leases.

             (8) The term shall not include the sale of or charge made for labor and services rendered in respect to the constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to chapter 35.82 RCW, including the installing, or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation. Nor shall the term include the sale of services or charges made for the clearing of land and the moving of earth of or for the United States, any instrumentality thereof, or a county or city housing authority. Nor shall the term include the sale of services or charges made for cleaning up for the United States, or its instrumentalities, radioactive waste and other byproducts of weapons production and nuclear research and development.


             NEW SECTION. Sec. 2. This act takes effect July 1, 1998."


             Representatives Dunshee, Conway and Dickerson spoke in favor of the adoption of the amendment.


             Representatives B. Thomas, Pennington and Smith spoke against the adoption of the amendment.


             Representative Hatfield demanded an electronic roll call vote and the demand was sustained.


             The Speaker stated the question before the House to be adoption of amendment 1014 to Substitute House Bill No. 1185.


ROLL CALL


             The Clerk called the roll on the adoption of amendment 1014 to Substitute House Bill No. 1185, and the amendment was not adopted by the following vote: Yeas - 40, Nays - 58, Absent - 0, Excused - 0.

             Voting yea: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 40.

             Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 58.


             The bill was ordered engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Van Luven, Pennington, Carrell, Pennington (again), Benson and Johnson spoke in favor of passage of the bill.


             Representatives H. Sommers, Mason, Morris, Hatfield, Veloria, Gardner, Conway and Cole spoke against passage of the bill.


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1185.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1185 and the bill failed to passed the House by the following vote: Yeas - 62, Nays - 36, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 62.

             Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Keiser, Kenney, Lantz, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 36.


             Engrossed Substitute House Bill No. 1185, having failed to receive two-thirds majority, was declared lost.


             HOUSE BILL NO. 1276, by Representatives Carrell, Sheldon, Morris, Quall, Koster, Smith, Mulliken, Sherstad, Crouse, D. Sommers and Backlund

 

Removing the sales tax on and adjusting the business and occupation taxation of physical fitness services.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1276 was substituted for House Bill No. 1276 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 1276 was read the second time.


             Representative Dunshee moved the adoption of amendment (1015):


             On page 4, beginning on line 9, after "(a)" strike all material through "consumers" on line 11, and insert "Amusement and recreation services including but not limited to ((golf,)) pool, billiards, ((skating, bowling, ski lifts and tows)) pinball machines, video games, day trips for sightseeing purposes, and others, when provided to consumers, but not including: Golf, skating, bowling, swimming, ski lifts and tows, basketball, racquet ball, handball, squash, tennis, and all batting cages; exercise classes such as aerobic, dance, water, and jazzercise; providing running tracks, weight lifting, and weight training; use of exercise equipment such as treadmills, bicycles, stair-masters, and rowing machines; providing personal trainers who are persons who assess individuals' workout needs and tailor a physical fitness workout program to meet those individual needs; and the provision of related facilities such as basketball courts, tennis courts, handball courts, swimming pools, and charges made for providing the opportunity to dance"


POINT OF ORDER


             Representative B. Thomas requested a Scope and Object ruling on amendment 1015 to Substitute House Bill No. 1276.


SPEAKER'S RULING


             Mr. Speaker: Representative B. Thomas, the Speaker is prepared to rule on your Point of Order which challenges the Scope and Object on amendment 1015 to Substitute House Bill No. 1276.


             The Title of House Bill No. 1276 is "AN ACT Relating to the taxation of physical fitness services." As explained in the bill report, the object of the bill is to remove just three words which were added to RCW 82.04.050 in 1993 - physical fitness services. The effect of the 1993 law was to make those services subject to the sales tax. The object of House Bill No. 1276 is to take the sales tax off of those services.


             Amendment 1015 seeks to remove the sales tax from activities that were made subject to the sales tax prior to 1993 and which would remain subject to the tax even if the 1993 language were to be removed by House Bill No. 1276.


             The Speaker finds that since the Scope of House Bill No. 1276 is to remove the taxation of physical fitness services and the removal of such taxation would not result in a tax cuts proposed by amendment 1015 it is clear that amendment 1015 is beyond the Scope of House Bill No. 1276.


             Representative B. Thomas, your Point of Order is well taken.


             Representative B. Thomas moved the adoption of amendment (1019):


             On page 5, beginning on line 30, strike section 2.


             Renumber sections consecutively, correct any internal references accordingly, and correct the title.


             Representative B. Thomas spoke in favor of the adoption of the amendment.


             Representative Dunshee spoke against the adoption of the amendment.


             The amendment was adopted. The bill was ordered engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Carrell, B. Thomas, Quall, Wensman, Alexander, Huff, Sehlin and Buck spoke in favor of passage of the bill.


             Representatives Dunshee, Keiser, Cole, H. Sommers and Dickerson spoke against passage of the bill.


             Representative Zellinsky demanded the previous question and the demand was sustained.


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1276.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1276 and the bill failed to pass the House by the following vote: Yeas - 63, Nays - 35, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Kastama, Koster, Lambert, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 63.

             Voting nay: Representatives Appelwick, Cairnes, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Keiser, Kenney, Kessler, Lantz, Mason, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 35.


             Engrossed Substitute House Bill No. 1276, having failed to received two-thirds majority, was declared lost.


             HOUSE BILL NO. 1328, by Representatives Schoesler, Chandler, Sheahan, Mulliken, Bush, McMorris and Mastin; by request of Department of Revenue

 

Revising the business and occupation tax on the handling of hay, alfalfa, and seed.


             The bill was read the second time. There being no objection, Second Substitute House Bill No. 1328 was substituted for House Bill No. 1328 and the second substitute bill was placed on the second reading calendar.


             Second Substitute House Bill No. 1328 was read the second time.


             With the consent of the House, amendment number 1025 to Second Substitute House Bill No. 1328 was withdrawn.


             Representative Schoesler moved the adoption of amendment (1011):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 82.04 RCW to read as follows:

             Upon every person engaging within this state in the business of making wholesale sales to farmers of seed conditioned for use in planting and not packaged for retail sale, or in the business of conditioning seed for planting owned by others; the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of 0.011 percent.

             For the purposes of this section, "seed" means seed potatoes and all other "agricultural seed" as defined in RCW 15.49.011. "Seed" does not include "flower seeds" or "vegetable seeds" as defined in RCW 15.49.011, or any other seeds or propagative portions of plants used to grow ornamental flowers or used to grow any type of bush, moss, fern, shrub, or tree.


             NEW SECTION. Sec. 2. A new section is added to chapter 82.04 RCW to read as follows:

             (1) This chapter does not apply to amounts received by a person engaging within this state in the business of: (a) Making wholesale sales to farmers of seed conditioned for use in planting and not packaged for retail sale; or (b) conditioning seed for planting owned by others.

             (2) For the purposes of this section, "seed" means seed potatoes and all other "agricultural seed" as defined in RCW 15.49.011. "Seed" does not include "flower seeds" or "vegetable seeds" as defined in RCW 15.49.011, or any other seeds or propagative portions of plants used to grow ornamental flowers or used to grow any type of bush, moss, fern, shrub, or tree.


             Sec. 3. RCW 82.04.290 and 1997 c 7 s 2 are each amended to read as follows:

             (1) Upon every person engaging within this state in the business of providing international investment management services, as to such persons, the amount of tax with respect to such business shall be equal to the gross income or gross proceeds of sales of the business multiplied by a rate of 0.275 percent.

             (2) Upon every person engaging within this state in any business activity other than or in addition to those enumerated in RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255, 82.04.260, 82.04.270, ((and)) 82.04.280, and section 1 of this act, and subsection (1) of this section; as to such persons the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of 1.5 percent.

             This section includes, among others, and without limiting the scope hereof (whether or not title to materials used in the performance of such business passes to another by accession, confusion or other than by outright sale), persons engaged in the business of rendering any type of service which does not constitute a "sale at retail" or a "sale at wholesale." The value of advertising, demonstration, and promotional supplies and materials furnished to an agent by his principal or supplier to be used for informational, educational and promotional purposes shall not be considered a part of the agent's remuneration or commission and shall not be subject to taxation under this section.


             Sec. 4. RCW 82.04.260 and 1996 c 148 s 2 and 1996 c 115 s 1 are each reenacted and amended to read as follows:

             (1) Upon every person engaging within this state in the business of buying wheat, oats, dry peas, dry beans, lentils, triticale, canola, corn, rye and barley, but not including any manufactured ((or processed)) products thereof, and selling the same at wholesale; the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of 0.011 percent.

             (2) Upon every person engaging within this state in the business of manufacturing wheat into flour, barley into pearl barley, soybeans into soybean oil, canola into canola oil, canola meal, or canola byproducts, or sunflower seeds into sunflower oil; as to such persons the amount of tax with respect to such business shall be equal to the value of the flour, pearl barley, oil, canola meal, or canola byproduct manufactured, multiplied by the rate of 0.138 percent.

             (3) Upon every person engaging within this state in the business of splitting or processing dried peas; as to such persons the amount of tax with respect to such business shall be equal to the value of the peas split or processed, multiplied by the rate of 0.275 percent.

             (4) Upon every person engaging within this state in the business of manufacturing seafood products which remain in a raw, raw frozen, or raw salted state at the completion of the manufacturing by that person; as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured, multiplied by the rate of 0.138 percent.

             (5) Upon every person engaging within this state in the business of manufacturing by canning, preserving, freezing, processing, or dehydrating fresh fruits and vegetables, or selling at wholesale fresh fruits and vegetables canned, preserved, frozen, processed, or dehydrated by the seller and sold to purchasers who transport in the ordinary course of business the goods out of this state; as to such persons the amount of tax with respect to such business shall be equal to the value of the products canned, preserved, frozen, processed, or dehydrated multiplied by the rate of 0.33 percent. As proof of sale to a person who transports in the ordinary course of business goods out of this state, the seller shall annually provide a statement in a form prescribed by the department and retain the statement as a business record.

             (6) Upon every nonprofit corporation and nonprofit association engaging within this state in research and development, as to such corporations and associations, the amount of tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.484 percent.

             (7) Upon every person engaging within this state in the business of slaughtering, breaking and/or processing perishable meat products and/or selling the same at wholesale only and not at retail; as to such persons the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of 0.138 percent.

             (8) Upon every person engaging within this state in the business of making sales, at retail or wholesale, of nuclear fuel assemblies manufactured by that person, as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the assemblies multiplied by the rate of 0.275 percent.

             (9) Upon every person engaging within this state in the business of manufacturing nuclear fuel assemblies, as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured multiplied by the rate of 0.275 percent.

             (10) Upon every person engaging within this state in the business of acting as a travel agent or tour operator; as to such persons the amount of the tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.

             (11) Upon every person engaging within this state in business as an international steamship agent, international customs house broker, international freight forwarder, vessel and/or cargo charter broker in foreign commerce, and/or international air cargo agent; as to such persons the amount of the tax with respect to only international activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.363 percent.

             (12) Upon every person engaging within this state in the business of stevedoring and associated activities pertinent to the movement of goods and commodities in waterborne interstate or foreign commerce; as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds derived from such activities multiplied by the rate of 0.363 percent. Persons subject to taxation under this subsection shall be exempt from payment of taxes imposed by chapter 82.16 RCW for that portion of their business subject to taxation under this subsection. Stevedoring and associated activities pertinent to the conduct of goods and commodities in waterborne interstate or foreign commerce are defined as all activities of a labor, service or transportation nature whereby cargo may be loaded or unloaded to or from vessels or barges, passing over, onto or under a wharf, pier, or similar structure; cargo may be moved to a warehouse or similar holding or storage yard or area to await further movement in import or export or may move to a consolidation freight station and be stuffed, unstuffed, containerized, separated or otherwise segregated or aggregated for delivery or loaded on any mode of transportation for delivery to its consignee. Specific activities included in this definition are: Wharfage, handling, loading, unloading, moving of cargo to a convenient place of delivery to the consignee or a convenient place for further movement to export mode; documentation services in connection with the receipt, delivery, checking, care, custody and control of cargo required in the transfer of cargo; imported automobile handling prior to delivery to consignee; terminal stevedoring and incidental vessel services, including but not limited to plugging and unplugging refrigerator service to containers, trailers, and other refrigerated cargo receptacles, and securing ship hatch covers.

             (13) Upon every person engaging within this state in the business of disposing of low-level waste, as defined in RCW 43.145.010; as to such persons the amount of the tax with respect to such business shall be equal to the gross income of the business, excluding any fees imposed under chapter 43.200 RCW, multiplied by the rate of 3.3 percent.

             If the gross income of the taxpayer is attributable to activities both within and without this state, the gross income attributable to this state shall be determined in accordance with the methods of apportionment required under RCW 82.04.460.

             (14) Upon every person engaging within this state as an insurance agent, insurance broker, or insurance solicitor licensed under chapter 48.17 RCW; as to such persons, the amount of the tax with respect to such licensed activities shall be equal to the gross income of such business multiplied by the rate of 0.55 percent.

             (15) Upon every person engaging within this state in business as a hospital, as defined in chapter 70.41 RCW, that is operated as a nonprofit corporation or by the state or any of its political subdivisions, as to such persons, the amount of tax with respect to such activities shall be equal to the gross income of the business multiplied by the rate of 0.75 percent through June 30, 1995, and 1.5 percent thereafter. The moneys collected under this subsection shall be deposited in the health services account created under RCW 43.72.900.


             NEW SECTION. Sec. 5. (1) Sections 1 and 3 of this act take effect only if House Bill No. 2335 fails to become law.

             (2) Section 2 of this act takes effect only if House Bill No. 2335 becomes law.


             NEW SECTION. Sec. 6. This act takes effect July 1, 1998."


             Correct the title.


             Representatives Schoesler and Dunshee spoke in favor of the adoption of the amendment.


             The amendment was adopted. The bill was ordered engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Schoesler, Morris, Dyer and Cooper spoke in favor of passage of the bill.


MOTION


             On motion of Representative Cairnes, Representative Clements was excused.


             The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1328.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1328 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Clements - 1.


             Engrossed Second Substitute House Bill No. 1328, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred action on House Bill No. 2335 and the bill held its place on second reading.


             HOUSE BILL NO. 1447, by Representatives Robertson, L. Thomas, Clements, Kastama and Cooke

 

Providing tax exemptions related to thoroughbred horses.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1447 was substituted for House Bill No. 1447 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 1447 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 Robertson and Dunshee spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1447.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1447 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Clements - 1.


             Substitute House Bill No. 1447, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred action on House Bill No. 1553 and the bill held its place on second reading.


             SUBSTITUTE HOUSE BILL NO. 2180, by House Committee on Transportation Policy & Budget (originally sponsored by Representatives K. Schmidt, Radcliff, Mitchell, O'Brien and Robertson)

 

Establishing a state policy and program for freight mobility strategic investments.


             The bill was read the second time. There being no objection, Second Substitute House Bill No. 2180 was substituted for Substitute House Bill No. 2180 and the second substitute bill was placed on the second reading calendar.


             Second Substitute House Bill No. 2180 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 Fisher spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 2180.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 2180 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Clements - 1.


             Second Substitute House Bill No. 2180, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2278, by Representatives Honeyford and Lisk

 

Exempting electric generating facilities powered by landfill gas from sales and use taxes.


             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 Honeyford and Dunshee spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of House Bill No. 2278.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2278 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Clements - 1.


             House Bill No. 2278, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred action on House Bill No. 2947 and the bill held its place on the second reading.


             HOUSE BILL NO. 3120, by Representatives Hankins, Huff, Sehlin, K. Schmidt, Cooke, Crouse, Ballasiotes, Mitchell, Skinner, Delvin and Kessler

 

Regarding lottery revenues.


             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 Hankins spoke in favor of the passage of the bill.


             Representative Cody spoke against the passage of the bill.


             There being no objection, the House deferred action on House Bill No. 3120 and the bill held its place on third reading.


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


             There being no objection, the rules were suspended, the Rules Committee was relieved of House Bill No. 2491 and the bill was placed on second reading.


             There being no objection, the House reverted to the sixth order of business.


SECOND READING


             HOUSE BILL NO. 2491, by Representative Carlson, H. Sommers, Ogden, Conway, Wolfe, Lambert, D. Sommers, O'Brien, Schoesler, Alexander and Gardner; by request of Joint Committee on Pension Policy


             Sharing of extraordinary investment gains.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2491 was substituted for House Bill No. 2491 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2491 was read the second time.


             Representative Carlson moved adoption of amendment (1022):


             On page 2, beginning on line 8, strike all of subsection (2) and insert the following:

             "(2) The gain-sharing increase amount for July 1998, as provided for in section 1 of this act, is ten cents."


             On page 16, beginning on line 6, strike all of section 13


             Renumber the remaining sections consecutively and correct internal references accordingly.


             Correct the title.


             Representative Carlson spoke in favor of adoption of the amendment.


             The amendment was adopted. The bill ordered engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Carlson, H. Sommers and Conway spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2491.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2491 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Voting nay: Representative Lisk - 1.


             Engrossed Substitute House Bill No. 2491, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 5217, by Senators Bauer, Winsley, Franklin, Long, Fraser, Roach, Loveland, Rasmussen, Goings, Swecker, Kohl, Oke, Patterson and Haugen; by request of Joint Committee on Pension Policy

 

Providing death benefits for volunteer fire fighters.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For Committee amendment, see Journal, 43rd Day, February 23, 1998.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Carlson, Chandler, Ogden, Pennington, Cooper, Morris, Doumit, Honeyford and Eickmeyer spoke in favor of passage of the bill.


MOTION


             On motion of Representative Cairnes, Representative Reams was excused.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5217, as amended by the House.


ROLL CALL


             The clerk called the roll on passage of Senate Bill No. 5217, as amended by the House and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Reams - 1.


             Senate Bill No. 5217, as amended by the House, having received the constitutional majority, was declared passed.


             The Speaker called upon Representative Pennington to preside.


             SUBSTITUTE SENATE BILL NO. 5853, by Senate Committee on Government Operations (originally sponsored by Senators Goings, McCaslin, Haugen, Winsley and Rasmussen)

 

Authorizing larger fire protection districts to issue warrants for payment of obligations.


             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 D. Schmidt and Scott spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5853.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5853 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Reams - 1.


             Substitute Senate Bill No. 5853, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred action on Substitute Senate Bill No. 5873 and the bill held its place on second reading.


             SENATE BILL NO. 6118, by Senators Long and Spanel

 

Clarifying "gifts" for purposes of ethics in public service.


             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 D. Schmidt and Scott spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6118.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6118 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Reams - 1.


             Senate Bill No. 6118, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6122, by Senators Morton and Rasmussen; by request of Department of Agriculture

 

Inspecting horticultural products.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Agriculture & Ecology was adopted. (For Committee amendment, see Journal, 43rd Day, February 23, 1998.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Chandler and Linville spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6122, as amended by the House.


ROLL CALL


             The Clerk called the roll on Senate Bill No. 6122, as amended by the House and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Reams - 1.


             Senate Bill No. 6122, as amended by the House, having received the constitutional majority, was declared passed.


             ENGROSSED SENATE BILL NO. 6123, by Senators Morton and Rasmussen; by request of Department of Agriculture

 

Regulating animal health.


             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 Chandler and Anderson spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Senate Bill No. 6123.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6123 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Reams - 1.


             Engrossed Senate Bill No. 6123, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6129, by Senate Committee on Agriculture & Environment (originally sponsored by Senators Swecker, Fraser and Winsley; by request of Department of Ecology)

 

Allowing continued use of pollution control tax credits after facilities are modified to maintain effective pollution control.


             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 Chandler and Linville spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6129.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6129 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Reams - 1.


             Substitute Senate Bill No. 6129, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6136, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Oke and Long)

 

Including drug offenses in background checks.


             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 Tokuda and Cooke spoke in favor of passage of the bill.


MOTION


             On motion by Representative Cairnes, Representatives Dyer and Van Luven were excused.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6136.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6136 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Substitute Senate Bill No. 6136, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6158, by Senators Morton and Rasmussen

 

Repealing duplicate authority for the Washington state wheat commission.


             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 Chandler and Linville spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6158.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6158 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6158, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6159, by Senators Morton and Rasmussen

 

Repealing the authority for the Washington land bank.


             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 Chandler and Linville spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6159.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6159 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6159, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6171, by Senators Strannigan, Fraser, West and Spanel; by request of Public Works Board

 

Authorizing loans for projects recommended by the public works board.


             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 Sehlin and Ogden spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6171.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6171 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6171, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6175, by Senate Committee on Government Operations (originally sponsored by Senators McCaslin, Strannigan, Haugen, Sellar, Brown and Loveland; by request of State Treasurer)

 

Authorizing financing contracts.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Financial Institutions & Insurance was adopted. (For Committee amendment, see Journal, 45th Day, February 25, 1998.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives L. Thomas and Wolfe spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6175, as amended by the House.


ROLL CALL


             The Clerk called the roll on Substitute Senate Bill No. 6175, 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 Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Substitute Senate Bill No. 6175, as amended by the House, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6192, by Senators Sellar, Snyder and Winsley; by request of State Investment Board

 

Providing for the operation of the state investment board.


             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 Cairnes, Wolfe and L. Thomas spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6192.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6192 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6192, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6202, by Senators Winsley and Prentice; by request of Department of Financial Institutions

 

Changing the securities act to conform with federal statute.


             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 L. Thomas and Wolfe spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6202.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6202 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6202, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6219, by Senators McDonald, McCaslin, Patterson, West and Hale; by request of Office of Financial Management

 

Making technical corrections to the Revised Code of Washington concerning reports to the legislature that are no longer necessary.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Government Administration was adopted. (For Committee amendment, see Journal, 45th Day, February 25, 1998.)


             Representative D. Sommers moved the adoption of amendment (1028):


             On page 3, line 33, strike all of section 3.


             Renumber subsequent sections consecutively and correct the title and any internal references accordingly.


             The 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 D. Sommers, Scott and L. Thomas spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6219, as amended by the House.


ROLL CALL


             The Clerk called the roll on Senate Bill No. 6219, 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 Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6219, as amended by the House, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6285, by Senate Committee on Government Operations (originally sponsored by Senators Goings, McCaslin, Haugen, Winsley, Patterson and Rasmussen)

 

Revising provisions relating to imposition of benefit charges by fire protection districts.


             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 D. Schmidt and Scott spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6285.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6285 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Substitute Senate Bill No. 6285, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6302, by Senate Committee on Financial Institutions, Insurance & Housing (originally sponsored by Senators Winsley and Prentice; by request of Insurance Commissioner)

 

Establishing risk-based capital standards for health carriers.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Financial Institutions & Insurance was adopted. (For Committee amendment, see Journal, 45th Day, February 25, 1998.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives L. Thomas and Wolfe spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6302, as amended by the House.


ROLL CALL


             The Clerk called the roll on Substitute Senate Bill No. 6302, 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 Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Substitute Senate Bill No. 6302, as amended by the House, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6303, by Senators Bauer, Long, Franklin, Winsley, Rossi, Roach and Fraser; by request of Joint Committee on Pension Policy

 

Restoring retirement service credit.


             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 D. Sommers and H. Sommers spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6303.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6303 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6303, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6355, by Senators Winsley, Prentice, Sellar, Heavey, Benton and Hale; by request of Department of Financial Institutions

 

Regulating share insurance for credit unions.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Financial Institutions & Insurance was adopted. (For Committee amendment, see Journal, 43rd Day, February 23, 1998.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives L. Thomas and Wolfe spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6355, as amended by the House.


ROLL CALL


             The Clerk called the roll on Senate Bill No. 6355, 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 Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6355, as amended by the House, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6483, by Senator West

 

Authorizing the transfer of enforcement of cigarette and tobacco taxes to the liquor control board.


             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 Conway spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6483.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6483 and the bill passed the House by the following vote: Yeas - 93, Nays - 2, Absent - 0, Excused - 3.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.

             Voting nay: Representatives Dickerson and Dunn - 2.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6483, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6489, by Senate Committee on Government Operations (originally sponsored by Senators McCaslin, Long, Hargrove, Fairley, Goings, Hale, Kline, Thibaudeau, Prince, Patterson, Winsley, Kohl, Oke and Haugen)

 

Specifying that there will be no primary for a district court position when there are no more than two candidates filed for the position.


             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 D. Sommers and Scott spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6489.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute 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 Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Substitute Senate Bill No. 6489, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6507, by Senate Committee on Government Operations (originally sponsored by Senators Wood, Haugen, Oke, Heavey, Swecker, Prentice, Schow, Wojahn, Long, Loveland, Hale, Kline, West, Patterson, Snyder, Goings, Jacobsen, Spanel, Fairley, Fraser, McAuliffe, Brown and Kohl)

 

Eliminating the expiration of the state cosmetology, barbering, esthetics, and manicuring advisory board.


             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 D. Sommers and Scott spoke in favor of passage of the bill.


MOTION


             On motion of Representative Talcott, Representative Chandler was excused.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6507.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6507 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Chandler, Dyer, Reams and Van Luven - 4.


             Substitute Senate Bill No. 6507, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred action on Substitute Senate Bill No. 6565 and the bill held its place on second reading.


             SUBSTITUTE SENATE BILL NO. 6575, by Senate Committee on Government Operations (originally sponsored by Senators Hale, T. Sheldon, McCaslin, Snyder, Horn, McDonald, Sellar, Newhouse, Schow, Strannigan, Benton, Zarelli, Stevens, Roach, Heavey and Oke)

 

Extending the powers of the joint administrative rules review committee.


             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 Cairnes and Romero spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6575.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6575 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Chandler, Dyer, Reams and Van Luven - 4.


             Substitute Senate Bill No. 6575, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6631, by Senators McCaslin and Haugen

 

Specifying declaration of candidacy requirements for school director candidates in joint districts.


             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 D. Schmidt and Scott spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6631.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6631 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Chandler, Dyer, Reams and Van Luven - 4.


             Senate Bill No. 6631, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 5873, by Senate Committee on Financial Institutions, Insurance & Housing (originally sponsored by Senators Benton and Winsley)

 

Defining terms under the model toxics control act.


             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 Parlette and Linville spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5873.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5873 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Chandler, Dyer, Reams and Van Luven - 4.


             Substitute Senate Bill No. 5873, having received the constitutional majority, was declared passed.


             There being no objection, the rules were suspended and House Bill No. 3120 was returned to second reading for purpose of amendments.


             With the consent of the House, amendment number 1002 to House Bill No. 3120 was withdrawn.


             Representative Hankins moved the adoption of amendment (1020):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 67.70.040 and 1994 c 218 s 4 are each amended to read as follows:

             The commission shall have the power, and it shall be its duty:

             (1) To promulgate such rules governing the establishment and operation of a state lottery as it deems necessary and desirable in order that such a lottery be initiated at the earliest feasible and practicable time, and in order that such lottery produce the maximum amount of net revenues for the state consonant with the dignity of the state and the general welfare of the people. Such rules shall include, but shall not be limited to, the following:

             (a) The type of lottery to be conducted which may include the selling of tickets or shares. The use of electronic or mechanical devices or video terminals which allow for individual play against such devices or terminals shall be prohibited. Approval of the legislature shall be required before entering any agreement with other state lotteries to conduct shared games;

             (b) The price, or prices, of tickets or shares in the lottery;

             (c) The numbers and sizes of the prizes on the winning tickets or shares;

             (d) The manner of selecting the winning tickets or shares;

             (e) The manner and time of payment of prizes to the holder of winning tickets or shares which, at the director's option, may be paid in lump sum amounts or installments over a period of years;

             (f) The frequency of the drawings or selections of winning tickets or shares. Approval of the legislature is required before conducting any on-line game in which the drawing or selection of winning tickets occurs more frequently than once every twenty-four hours;

             (g) Without limit as to number, the type or types of locations at which tickets or shares may be sold;

             (h) The method to be used in selling tickets or shares;

             (i) The licensing of agents to sell or distribute tickets or shares, except that a person under the age of eighteen shall not be licensed as an agent;

             (j) The manner and amount of compensation, if any, to be paid licensed sales agents necessary to provide for the adequate availability of tickets or shares to prospective buyers and for the convenience of the public. A bonus or marketing incentive may not be given in the form of cash unless the omnibus appropriations act specifically appropriates moneys for such cash incentives;

             (k) The apportionment of the total revenues accruing from the sale of lottery tickets or shares and from all other sources among: (i) Transfer to the state’s general fund, which shall not be less than the proportion of gross annual revenue specified in the omnibus appropriations act, (ii) ((The))the payment of prizes to the holders of winning tickets or shares, which shall not be less than forty-five percent of the gross annual revenue from such lottery, and (iii) transfers to the lottery administrative account created by RCW 67.70.260((, and (iii) transfer to the state's general fund)). Transfers to the state general fund shall be made in compliance with RCW 43.01.050;

             (l) Such other matters necessary or desirable for the efficient and economical operation and administration of the lottery and for the convenience of the purchasers of tickets or shares and the holders of winning tickets or shares.

             (2) To ensure that in each place authorized to sell lottery tickets or shares, on the back of the ticket or share, and in any advertising or promotion there shall be conspicuously displayed an estimate of the probability of purchasing a winning ticket.

             (3) To amend, repeal, or supplement any such rules from time to time as it deems necessary or desirable.

             (4) To advise and make recommendations to the director for the operation and administration of the lottery."


             Representatives Hankins and Cody spoke in favor of the adoption of the amendment.


             The amendment was adopted. The bill was ordered engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative Hankins spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 3120.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 3120 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Chandler, Dyer, Reams and Van Luven - 4.


             Engrossed House Bill No. 3120, having received the constitutional majority, was declared passed.


             The Speaker assumed the chair.


             HOUSE BILL NO. 2335, by Representatives B. Thomas, Mulliken, Thompson, Morris, Gardner, Linville, Backlund, Cooke, Carrell, Kastama, Schoesler, Van Luven, Dunn and Lambert; by request of Department of Revenue

 

Consolidating business and occupation tax rates into fewer categories.


             The bill was read the second time.


             Representative Morris moved the adoption of amendment (1024):


             On page 7, after line 3, insert the following:


             "NEW SECTION. Sec. 7. A new section is added to chapter 82.04 RCW to read as follows:

             Notwithstanding the rates of taxation provided in RCW 82.04.240 through 82.04.290, inclusive, upon every person taxable under this chapter whose value of products, gross proceeds of sales, or gross income of the business from all business activities taxable under this chapter is less than one hundred fifty thousand dollars per tax year, as to such persons, the amount of tax with respect to such business shall be equal to the value of the products, gross proceeds of sales, or gross income of the business, multiplied by the rate of 0.138 percent."


             Renumber the remaining sections consecutively and correct any internal references and the title accordingly.


POINT OF ORDER


             Representative B. Thomas requested a Scope and Object ruling on amendment 1024 to House Bill No. 2335.


SPEAKER'S RULING


             Representative Thomas, the Speaker is prepared to rule on your Point of Order which challenges amendment 1024 as being beyond the Scope and Object of House Bill No. 2335.


             The title of House Bill No. 2335 is "AN ACT Relating to consolidating business and occupation tax rates into fewer categories." Under current law B&0 taxes are levied in one of ten categories, House Bill No. 2355 reduces the number of categories to six by consolidating rates and in the instance of the lowest rate, eliminating the tax entirely.


             Amendment 1024 provides that businesses with gross proceeds from sales of less than $150,000 per year should pay a lower B&O tax rate than businesses that sell the same products but gross more than $150,000 per year from such sales. The effect of the amendment is to create a new category of B&O taxes for certain smaller businesses.


             House Bill No. 2335 consolidates and eliminates categories. Amendment 1024 creates a new category of taxpayers.


             The Speaker finds that amendment 1024 is beyond the Scope of the title of House Bill No. 2335.


             Representative Thomas, Your Point of Order is well taken.


             Representative Morris moved the adoption of amendment (1017):


             On page 8, after line 25, insert the following:


             "NEW SECTION. Sec. 8. A new section is added to chapter 82.04 RCW to read as follows:

             (1) This chapter shall not apply to the gross sales or the gross income received by a new small business located in an eligible area as defined in RCW 82.62.010.

             (2) As used in this section:

             (a) "New small business" means a business that: (i) Obtained or was required to obtain a registration certificate under RCW 82.32.030 for the first time during the thirty-six months immediately preceding the date in which an exemption is claimed under this section; and (ii) for the business, the value of products, gross proceeds of sales, or gross income of the business, from all business activities, is less than five million dollars per year.

             (b) For out-of-state entities first engaging in business in this state, "new small business" means a person or company, as defined in RCW 82.04.030, located outside this state that: (i) Obtained or was required to obtain registration with any state, federal, or foreign agency for the first time during the thirty-six months immediately preceding the date in which an exemption is claimed under this section; and (ii) for the business, the value of products, gross proceeds of sales, or gross income of the business, from all business activities, is less than five million dollars per year.

             (c) "New small business" does not include:

             (i) A business that has been restructured, reorganized, or transferred, unless the majority of the activities to be conducted after restructuring, reorganization, or transferral are significantly different from the activities previously conducted;

             (ii) A new branch location or other facility; or

             (iii) A business that is substantially similar to a business currently operated, or operated within the past twelve years, by the same principals."


             Renumber the remaining sections consecutively and correct any internal references and the title accordingly.


POINT OF ORDER


             Representative B. Thomas requested a Scope and Object ruling on amendment 1017 to House Bill No. 2335.


SPEAKER'S RULING


             Representative Thomas, the Speaker is prepared to rule on your Point of Order which challenges amendment 1017 as being beyond the Scope and Object of House Bill No. 2335.


             The title of House Bill No. 2335 is "AN ACT Relating to consolidating business and occupation tax rates into fewer categories." Under current law B&0 taxes are levied in one of ten categories, House Bill No. 2355 reduces the number of categories to six by consolidating rates and in the instance of the lowest rate, eliminating the tax entirely.


             Amendment 1017 would provide that certain businesses located in ceratin places would be exempt from paying B&0 taxes for three years. The amendment would not result in any consolidation of B&0 tax categories, the amendment would not eliminate any B&0 tax categories,

The amendment would simply provide that some businesses would not have to pay B&0 taxes while other businesses conducting the same sales would have to pay such taxes.


             The Speaker finds that amendment 1017 is beyond the Scope of the title.


             Representative Thomas, Your Point of Order is well taken.


             Representative Gardner moved the adoption of amendment (1021):


             On page 8, after line 25, insert the following:


             "Sec. 8. RCW 82.04.4451 and 1997 c 238 s 2 are each amended to read as follows:

             (1) In computing the tax imposed under this chapter, a credit is allowed against the amount of tax otherwise due under this chapter, as provided in this section. The maximum credit for a taxpayer for a reporting period is ((thirty-five)) fifty dollars multiplied by the number of months in the reporting period, as determined under RCW 82.32.045.

             (2) When the amount of tax otherwise due under this chapter is equal to or less than the maximum credit, a credit is allowed equal to the amount of tax otherwise due under this chapter.

             (3) When the amount of tax otherwise due under this chapter exceeds the maximum credit, a reduced credit is allowed equal to twice the maximum credit, minus the tax otherwise due under this chapter, but not less than zero.

             (4) The department may prepare a tax credit table consisting of tax ranges using increments of no more than five dollars and a corresponding tax credit to be applied to those tax ranges. The table shall be prepared in such a manner that no taxpayer will owe a greater amount of tax by using the table than would be owed by performing the calculation under subsections (1) through (3) of this section. A table prepared by the department under this subsection shall be used by all taxpayers in taking the credit provided in this section.


             NEW SECTION. Sec. 9. Section 8 of this act applies to the entire period of reporting periods ending after the effective date of this section."


             Renumber the remaining sections consecutively and correct any internal references and the title accordingly.


POINT OF ORDER


             Representative B. Thomas requested a Scope and Object ruling on amendment 1021 to House Bill No. 2335.


SPEAKER'S RULING


             Representative Thomas, the Speaker is prepared to rule on your Point of Order which challenges amendment 1021 as being beyond the Scope and Object of House Bill No. 2335.


             The title of House Bill No. 2335 is "AN ACT Relating to consolidating business and occupation tax rates into fewer categories." Under current law B&0 taxes are levied in one of ten categories, House Bill No. 2355 reduces the number of categories to six by consolidating rates and in the instance of the lowest rate, eliminating the tax entirely.


             Amendment 1021 would increase the small business credit for the B&0 tax from $420 per year to $600 per year. The amendment would not result in any consolidation of B&0 tax categories, the amendment would not eliminate any B&0 tax categories, the amendment would simply provide that some businesses, but not all businesses, would receive a credit against B&0 tax liability.


             The Speaker finds that amendment 1021 is beyond the Scope of the title of House Bill No. 2335.


             Representative Thomas, Your Point of Order is well taken.


             With the consent of the House, amendment number 1012 to House Bill No. 2335 was withdrawn.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives B. Thomas, Morris and Conway spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of House Bill No. 2335.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2335, and the bill passed the House by the following vote: Yeas - 88, Nays - 6, Absent - 0, Excused - 4.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chopp, Clements, Cody, Cole, Constantine, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Eickmeyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 88.

             Voting nay: Representatives Conway, Dickerson, Fisher, Mason, Regala, Sommers and H. - 6.

             Excused: Representatives Chandler, Dyer, Reams and Van Luven - 4.


             House Bill No. 2335, having received the constitutional majority, was declared passed.


             The Speaker called upon Representative Robertson to preside.


             There being no objection, the House reverted to the fourth order of business.


INTRODUCTIONS AND FIRST READING

 

HB 3130           by Representatives Tokuda, Van Luven, Ballasiotes, Skinner, Hankins, Grant, Kenney, Mason, Veloria, Fisher, Butler, Doumit, Dickerson, Regala, Conway, Wolfe, Ogden, Keiser, Cody, Linville, Morris, Cole, Scott, Anderson, Hatfield, Romero, Murray, Gardner, Eickmeyer, Kessler, Appelwick, Chopp, Poulsen, Cooper, Costa, Wood, O'Brien, Constantine, Quall and H. Sommers

 

AN ACT Relating to ensuring equal opportunity without quotas in public employment, education, and contracting.


             Held on first reading from 2/25/98.

 

HB 3132           by Representatives K. Schmidt, Mitchell, Chandler, Cairnes, Backlund, Zellinsky, Radcliff, Sterk, Robertson, Hankins, Buck, Lambert, Schoesler and Skinner

 

AN ACT Relating to transportation funding and appropriations.

 

Referred to Committee on Transportation Policy & Budget.


             There being no objection, the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.


REPORTS OF STANDING COMMITTEES


February 25, 1998

HB 3122           Prime Sponsor, Representative Ballasiotes: Regarding work ethic camp programs. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.

             Excused: Representative Radcliff.


             Passed to Rules Committee for second reading.


February 27, 1998

HCR 4433         Prime Sponsor, Representative Linville: Resolving to establish a joint select committee on salmon restoration. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Assistant Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.


             Voting Yea: Representatives Buck, Sump, Thompson, Regala, Butler, Alexander, Anderson, Chandler, Eickmeyer, Hatfield, and Pennington.


             Passed to Rules Committee for second reading.


February 26, 1998

HCR 4434         Prime Sponsor, Representative Chandler: Creating a joint select committee on water quality. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass. Signed by Representatives Chandler, Chairman; Parlette, Vice Chairman; Schoesler, Vice Chairman; Linville, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Cooper; Delvin; Koster; Mastin; Regala and Sump.


             Voting Yea: Representatives Chandler, Schoesler, Linville, Anderson, Cooper, Delvin, Koster, Regala and Sump.

             Excused: Representatives Parlette and Mastin.


             Passed to Rules Committee for second reading.


February 26, 1998

2SSB 5084        Prime Sponsor, Senate Senate Committee on Ways & Means: Modifying the definition of a qualified party and the amount of attorneys' fees they may recover in an action appealing a state agency directive. Reported by Committee on Government Reform & Land Use

 

MAJORITY recommendation: Do pass. Signed by Representatives Reams, Chairman; Sherstad, Vice Chairman; Bush; Mielke; Mulliken and Thompson.

 

MINORITY recommendation: Do not pass. Signed by Representatives Romero, Ranking Minority Member; Lantz, Assistant Ranking Minority Member; Fisher and Gardner.


             Voting Yea: Representatives Reams, Sherstad,, Bush, Mielke, Mulliken and Thompson.

             Voting Nay: Representatives Romero, Lantz, Fisher and Gardner.

             Excused: Representative Cairnes.


             Referred to Committee on Appropriations.


February 27, 1998

SB 5094            Prime Sponsor, Senator Roach: Prescribing procedures for release of offenders. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


             On page 2, line 32, replace "conviction" with "((conviction)) remand to custody"

 

Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.


             Passed to Rules Committee for second reading.


February 27, 1998

ESSB 5098       Prime Sponsor, Senate Committee on Ways & Means: Changing provisions relating to bond debt service payments from the community and technical college capital projects account. Reported by Committee on Capital Budget

 

MAJORITY recommendation: Do pass. Signed by Representatives Sehlin, Chairman; Honeyford, Vice Chairman; Ogden, Ranking Minority Member; Sullivan, Assistant Ranking Minority Member; Costa; Hankins; Koster; Lantz; Mitchell; D. Sommers and H. Sommers.


             Voting Yea: Representatives Sehlin, Honeyford, Ogden, Sullivan, Costa, Hankins, Koster, Lantz, Mitchell, D. Sommers and H. Sommers.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 5164            Prime Sponsor, Senator Haugen: Removing certain tenants and occupants from a mobile home park. Reported by Committee on Trade & Economic Development

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 59.20.030 and 1993 c 66 s 15 are each amended to read as follows:

             For purposes of this chapter:

             (1) "Abandoned" as it relates to a mobile home owned by a tenant in a mobile home park, mobile home park cooperative, or mobile home park subdivision or tenancy in a mobile home lot means the tenant has defaulted in rent and by absence and by words or actions reasonably indicates the intention not to continue tenancy;

             (2) "Landlord" means the owner of a mobile home park and includes the agents of a landlord;

             (3) "Mobile home lot" means a portion of a mobile home park designated as the location of one mobile home and its accessory buildings, and intended for the exclusive use as a primary residence by the occupants of that mobile home;

             (4) "Mobile home park" means any real property which is rented or held out for rent to others for the placement of two or more mobile homes for the primary purpose of production of income, except where such real property is rented or held out for rent for seasonal recreational purpose only and is not intended for year-round occupancy;

             (5) "Mobile home park cooperative" means real property consisting of common areas and two or more lots held out for placement of mobile homes in which both the individual lots and the common areas are owned by an association of shareholders which leases or otherwise extends the right to occupy individual lots to its own members;

             (6) "Mobile home park subdivision" means real property, whether it is called a subdivision, condominium, or planned unit development, consisting of common areas and two or more lots held for placement of mobile homes in which there is private ownership of the individual lots and common, undivided ownership of the common areas by owners of the individual lots;

             (7) "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot;

             (8) "Tenant" means any person, except a transient, who rents a mobile home lot; ((and))

             (9) "Transient" means a person who rents a mobile home lot for a period of less than one month for purposes other than as a primary residence;

             (10) "Occupant" means any person, including a live-in care provider, other than a tenant, who occupies a mobile home and mobile home lot.


             Sec. 2. RCW 59.20.080 and 1993 c 66 s 19 are each amended to read as follows:

             (1) A landlord shall not terminate or fail to renew a tenancy of a tenant or the occupancy of an occupant, of whatever duration except for one or more of the following reasons:

             (a) Substantial violation, or repeated or periodic violations of the rules of the mobile home park as established by the landlord at the inception of the tenancy or as assumed subsequently with the consent of the tenant or for violation of the tenant's duties as provided in RCW 59.20.140. The tenant shall be given written notice to cease the rule violation immediately. The notice shall state that failure to cease the violation of the rule or any subsequent violation of that or any other rule shall result in termination of the tenancy, and that the tenant shall vacate the premises within fifteen days: PROVIDED, That for a periodic violation the notice shall also specify that repetition of the same violation shall result in termination: PROVIDED FURTHER, That in the case of a violation of a "material change" in park rules with respect to pets, tenants with minor children living with them, or recreational facilities, the tenant shall be given written notice under this chapter of a six month period in which to comply or vacate;

             (b) Nonpayment of rent or other charges specified in the rental agreement, upon five days written notice to pay rent and/or other charges or to vacate;

             (c) Conviction of the tenant of a crime, commission of which threatens the health, safety, or welfare of the other mobile home park tenants. The tenant shall be given written notice of a fifteen day period in which to vacate;

             (d) Failure of the tenant to comply with local ordinances and state laws and regulations relating to mobile homes or mobile home living within a reasonable time after the tenant's receipt of notice of such noncompliance from the appropriate governmental agency;

             (e) Change of land use of the mobile home park including, but not limited to, conversion to a use other than for mobile homes or conversion of the mobile home park to a mobile home park cooperative or mobile home park subdivision: PROVIDED, That the landlord shall give the tenants twelve months' notice in advance of the effective date of such change, except that for the period of six months following April 28, 1989, the landlord shall give the tenants eighteen months' notice in advance of the proposed effective date of such change;

             (f) Engaging in "criminal activity." "Criminal activity" means a criminal act defined by statute or ordinance that threatens the health, safety, or welfare of the tenants. A park owner seeking to evict a tenant or occupant under this subsection need not produce evidence of a criminal conviction, even if the alleged misconduct constitutes a criminal offense. Notice from a law enforcement agency of criminal activity constitutes sufficient grounds, but not the only grounds, for an eviction under this subsection. Notification of the seizure of illegal drugs under RCW 59.20.155 is evidence of criminal activity and is grounds for an eviction under this subsection. The requirement that any tenant or occupant register as a sex offender under RCW 9A.44.130 is grounds for eviction under this subsection. If criminal activity is alleged to be a basis of termination, the park owner may proceed directly to an unlawful detainer action;

             (g) The tenant's application for tenancy contained a material misstatement that induced the park owner to approve the tenant as a resident of the park, and the park owner discovers and acts upon the misstatement within one year of the time the resident began paying rent;

             (h) If the landlord serves a tenant three fifteen-day notices within a twelve-month period to comply or vacate for failure to comply with the material terms of the rental agreement or park rules. The applicable twelve-month period shall commence on the date of the first violation;

             (i) Failure of the tenant to comply with obligations imposed upon tenants by applicable provisions of municipal, county, and state codes, statutes, ordinances, and regulations, including chapter 59.20 RCW. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days;

             (j) The tenant engages in disorderly or substantially annoying conduct upon the park premises that results in the destruction of the rights of others to the peaceful enjoyment and use of the premises. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days;

             (k) The tenant creates a nuisance that materially affects the health, safety, and welfare of other park residents. The landlord shall give the tenant written notice to cease the conduct that constitutes a nuisance immediately. The notice must state that failure to cease the conduct will result in termination of the tenancy and that the tenant shall vacate the premises in five days;

             (l) Any other substantial just cause that materially affects the health, safety, and welfare of other park residents. The landlord shall ((be)) give (([shall give])) the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days; or

             (m) Failure to pay rent by the due date provided for in the rental agreement three or more times in a twelve-month period, commencing with the date of the first violation, after service of a five-day notice to comply or vacate.

             (2) Within five days of a notice of eviction as required by subsection (1)(a) of this section, the landlord and tenant shall submit any dispute to mediation. The parties may agree in writing to mediation by an independent third party or through industry mediation procedures. If the parties cannot agree, then mediation shall be through industry mediation procedures. A duty is imposed upon both parties to participate in the mediation process in good faith for a period of ten days for an eviction under subsection (1)(a) of this section. It is a defense to an eviction under subsection (1)(a) of this section that a landlord did not participate in the mediation process in good faith.

             (3) Chapters 59.12 and 59.18 RCW govern the eviction of recreational vehicles from mobile home parks.


             Sec. 3. RCW 59.20.090 and 1980 c 152 s 2 are each amended to read as follows:

             (1) Unless otherwise agreed rental agreements shall be for a term of one year. Any rental agreement of whatever duration shall be automatically renewed for the term of the original rental agreement, unless((:

             (a))) a different specified term is agreed upon((; or

             (b) The landlord serves notice of termination without cause upon the tenant prior to the expiration of the rental agreement: PROVIDED, That under such circumstances, at the expiration of the prior rental agreement the tenant shall be considered a month-to-month tenant upon the same terms as in the prior rental agreement until the tenancy is terminated)).

             (2) A landlord seeking to increase the rent upon expiration of the term of a rental agreement of any duration shall notify the tenant in writing three months prior to the effective date of any increase in rent((: PROVIDED, That if a landlord serves a tenant with notice of a rental increase at the same time or subsequent to serving the tenant with notice of termination without cause, such rental increase shall not become effective until the date the tenant is required to vacate the leased premises pursuant to the notice of termination or three months from the date notice of rental increase is served, whichever is later)).

             (3) A tenant shall notify the landlord in writing one month prior to the expiration of a rental agreement of an intention not to renew.

             (4)(a) The tenant may terminate the rental agreement upon thirty days written notice whenever a change in the location of the tenant's employment requires a change in his residence, and shall not be liable for rental following such termination unless after due diligence and reasonable effort the landlord is not able to rent the mobile home lot at a fair rental. If the landlord is not able to rent the lot, the tenant shall remain liable for the rental specified in the rental agreement until the lot is rented or the original term ends;

             (b) Any tenant who is a member of the armed forces may terminate a rental agreement with less than thirty days notice if he receives reassignment orders which do not allow greater notice."


             Correct the title.

 

Signed by Representatives Van Luven, Chairman; Dunn, Vice Chairman; Veloria, Ranking Minority Member; Eickmeyer, Assistant Ranking Minority Member; Alexander; Ballasiotes; Mason; McDonald and Morris.


             Voting Yea: Representatives Van Luven, Dunn, Veloria, Alexander, Ballasiotes, Eickmeyer, Mason, McDonald and Morris.


             Passed to Rules Committee for second reading.


February 28, 1998

2ESB 5185       Prime Sponsor, Senator Horn: Revising procedures for growth management hearings boards. Reported by Committee on Government Reform & Land Use

 

MAJORITY recommendation: Do pass. Signed by Representatives Reams, Chairman; Sherstad, Vice Chairman; Bush; Mielke; Mulliken and Thompson.

 

MINORITY recommendation: Do not pass. Signed by Representatives Romero, Ranking Minority Member; Lantz, Assistant Ranking Minority Member; Fisher and Gardner.


             Voting Yea: Representatives Reams, Sherstad, Bush, Mielke, Mulliken and Thompson.

             Voting Nay: Representatives Romero, Lantz, Fisher and Gardner.

             Excused: Representative Cairnes.


             Passed to Rules Committee for second reading.


February 24, 1998

ESB 5242         Prime Sponsor, Senator Oke: Requiring personal flotation devices for children on certain recreational vessels. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 88.12.115 and 1993 c 244 s 14 are each amended to read as follows:

             (1) No person may operate or permit the operation of a vessel on the waters of the state without a personal flotation device on board for each person on the vessel. Each personal flotation device shall be in serviceable condition, of an appropriate size, and readily accessible.

             (2) No person may operate or permit to be operated a vessel under nineteen feet in length while underway unless each person twelve years of age or younger on the vessel wears a United States coast guard-approved personal flotation device.

             (3) Except as provided in RCW 88.12.015, a violation of subsection (1) or (2) of this section is an infraction under chapter 7.84 RCW if the vessel is not carrying passengers for hire.

             (((3))) (4) A violation of subsection (1) or (2) of this section is a misdemeanor punishable under RCW 9.92.030, if the vessel is carrying passengers for hire.

             (5) Enforcement of subsection (2) of this section by law enforcement officers may be accomplished only as a secondary action if a vessel has been detained for a suspected violation of this chapter or some other offense."

 

Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Eickmeyer; Hatfield and Pennington.

 

MINORITY recommendation: Without recommendation. Signed by Representative Chandler.


             Voting Yea: Representatives Buck, Sump, Thompson, Regala, Butler, Alexander, Anderson, Chandler, Eickmeyer, Hatfield, and Pennington.

             Voting Nay: Representative Chandler.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 5258            Prime Sponsor, Senator Hochstatter: Providing medical assistance in public schools. Reported by Committee on Education

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 28A.210.280 and 1994 sp.s. c 9 s 721 are each amended to read as follows:

             (1) Public school districts and private schools that offer classes for any of grades kindergarten through twelve may provide for clean, intermittent bladder catheterization of students, or assisted self-catheterization of students pursuant to RCW 18.79.290, if the catheterization is provided for in substantial compliance with:

             (a) Rules adopted by the state nursing care quality assurance commission and the instructions of a registered nurse or advanced registered nurse practitioner issued under such rules; and

             (b) Written policies of the school district or private school which shall be adopted in order to implement this section and shall be developed in accordance with such requirements of chapters 41.56 and 41.59 RCW as may be applicable.

             (2) School district employees, except those licensed under chapter 18.79 or 18.88A RCW, who have not agreed in writing to perform clean, intermittent bladder catheterizations, may file a written letter of refusal to perform clean, intermittent bladder catheterizations of students. This written letter of refusal shall not serve as grounds for discharge, nonrenewal, or other actions adversely affecting the employee’s contract status.

             (3) This section does not require school districts to provide intermittent bladder catheterization of students."


             Correct the title

 

Signed by Representatives Johnson, Chairman; Hickel, Vice Chairman; Cole, Ranking Minority Member; Keiser, Assistant Ranking Minority Member; Linville; Quall; Smith; Sterk; Sump; Talcott and Veloria.


             Voting Yea: Representatives Johnson, Hickel, Cole, Keiser, Linville, Quall, Smith, Sterk, Sump, Talcott and Veloria.


             Referred to Committee on Appropriations.


February 26, 1998

E3SSB 5278     Prime Sponsor, Senate Committee on Ways & Means: Requiring dependency investigations for infants born drug affected. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that all children have the right to be born healthy and free of the consequences of the nonprescription use of controlled substances and/or the abuse of alcohol by the mother during pregnancy. Individuals who have a drug or alcohol addiction are unable to make reasoned decisions that help ensure the birth of a healthy infant. The availability of long-term pharmaceutical birth control, when combined with other treatment regimens, may allow women to regain control of their lives and make long-term decisions in the best interest of themselves and their children. The legislature further finds that a third or subsequent drug-affected infant being born to the same mother means it may be unreasonable to attempt to continue efforts to reunify the family and that all reasonable reunification efforts that have previously been made have proven futile and there is no likelihood that future efforts will produce a different outcome.


             NEW SECTION. Sec. 2. A new section is added to chapter 13.34 RCW to read as follows:

             (1) A physician licensed under chapter 18.71 or 18.57 RCW, an advanced registered nurse practitioner licensed under chapter 18.79 RCW, or a midwife licensed under chapter 18.50 RCW, primarily responsible for the care of a newborn infant, who has reasonable cause to believe an infant has been exposed to nonprescription use of controlled substances or alcohol must notify the department of the name and address of the parent or parents of an infant who is drug-affected.

             (2) The physician or advanced registered nurse practitioner or midwife responsible for the delivery of the infant must, as soon as practical, inform the mother of a drug-affected infant of: (a) Her right to publicly funded tubal ligation surgery as provided under section 12 of this act; (b) available drug treatment and counseling; and (c) birth control counseling and education. The mother may accept the offer of a tubal ligation up to six months following its tender.

             (3) A physician who makes any determination under this section shall not be liable in any cause of action as a result of his or her determination except for acts of gross negligence or intentional misconduct.


             NEW SECTION. Sec. 3. A new section is added to chapter 13.34 RCW to read as follows:

             (1) The department, upon receipt of a report under section 2 of this act, shall investigate and, if the department has reasonable cause to believe that the infant is drug-affected, is in need of treatment for conditions related to the infant's exposure to nonprescription use of controlled substances or alcohol including withdrawal, and the parents of the child cannot adequately care for the child's conditions, the department shall take custody of the child for the purpose of obtaining treatment for the child. Where medically indicated, the department may place the infant in an appropriate birth facility or pediatric care program, and access services for the treatment of the child's drug-affected condition. The child's withdrawal shall be under the supervision of appropriate health care professionals. The department shall retain custody of the child until the court assumes custody, until the department upon a documented and substantiated record determines that the child's parents can adequately care for the infant's condition, or until the department decides not to file a dependency petition under subsection (2) of this section.

             (2) After an investigation in response to a receipt of a report under section 2 of this act, the department shall, in appropriate cases, file a dependency petition under this chapter. In the event the department does not file a petition, it shall refer the mother to available chemical dependency treatment programs or a model project.

             (3) The department and the mother may enter an agreement in which the mother agrees to chemical dependency treatment on an inpatient or outpatient basis or be referred to a model project created under section 10 of this act.

             (4) If the department and mother enter an agreement under subsection (3) of this section, the department shall, if a dependency petition has been filed, request the court to defer the entry of an order of dependency for as long as the mother remains in treatment or enrolled in the model project, subject to the department's monitoring for compliance. As a condition of deferral of the order of dependency, the parents, if both are available and known, shall stipulate to facts sufficient to constitute a dependency and the court shall order treatment or enrollment in a model project and prohibit nonprescription use of controlled substances. In the event that an available parent unreasonably refuses to stipulate to facts constituting a dependency, the court may proceed with the hearing on the petition.


             NEW SECTION. Sec. 4. A new section is added to chapter 13.34 RCW to read as follows:

             (1) If the department receives a report under section 2 of this act of a mother who has given birth to a second drug-affected infant, the department:

             (a) May request the court to proceed immediately with the entry of a dependency for the first drug-affected infant; and

             (b) Shall investigate and, unless there are compelling reasons to the contrary, file a dependency petition on the second drug-affected infant. If the department does not file a petition, it shall refer the woman to available chemical dependency treatment programs or a model project.

             (2) The department and the mother may enter an agreement in which the mother agrees to: (a) Enter chemical dependency inpatient treatment or a model project, together with an aftercare program that includes participation in a model project when feasible; and (b) medically appropriate pharmaceutical pregnancy prevention. The selection of the pregnancy prevention method shall be based on an evaluation of the medical and physical consequences to the mother and shall remain in effect until the dependency petition is dismissed or the court determines it is no longer medically appropriate.

             (3) If the department and the mother enter an agreement under subsection (2) of this section, the department shall request the court to defer the entry of an order of dependency on the second drug-affected infant for as long as the mother remains in treatment or enrolled in the model project, subject to the department's monitoring for compliance. As a condition of deferral of the order of dependency, the parents, if both are available and known, shall stipulate to facts sufficient to constitute a dependency and the court shall order treatment or enrollment in a model project and prohibit nonprescription use of controlled substances. In the event that an available parent unreasonably refuses to stipulate to facts constituting a dependency, the court may proceed with the hearing on the petition.


             NEW SECTION. Sec. 5. A new section is added to chapter 13.34 RCW to read as follows:

             The department may request the court to dismiss the petition deferred under section 3 or 4 of this act at any time, but a petition may not be vacated or dismissed unless the mother demonstrates by clear and convincing evidence that she has not used controlled substances in a nonprescription manner for at least twelve consecutive months and can safely provide for the child's welfare without continuing supervision by the department or court.


             NEW SECTION. Sec. 6. A new section is added to chapter 13.34 RCW to read as follows:

             If the department receives a report under section 2 of this act of a mother who has given birth to a third or subsequent drug-affected infant, the department shall:

             (1) Request the court to proceed immediately with the entry of a finding of dependency on all drug-affected children born before the third or subsequent birth unless an order of dependency has been vacated or dismissed; and

             (2) File a dependency petition on any drug-affected infant subject to this section as well as any other child born before the third or subsequent birth of a drug-affected infant.


             NEW SECTION. Sec. 7. A new section is added to chapter 13.34 RCW to read as follows:

             Following a filing of a petition under section 6 of this act:

             (1) The court shall order evaluation by a designated chemical dependency specialist, as defined in RCW 70.96A.020 who shall undertake the processes described in RCW 70.96A.140.

             (2) A court may order removal of a child or children from the home and placed out-of-home under RCW 13.34.130 without finding that reasonable efforts have been made to prevent or eliminate the need for removal and to make it possible for the child to return home.

             (3) If the court has ordered removal of a child or children, the out-of-home placement order shall remain in effect until the petition is dismissed or the mother has successfully completed inpatient treatment and any aftercare program for controlled substances ordered by the court.


             NEW SECTION. Sec. 8. By July 1, 1999, the department of social and health services, in consultation with the department of health, shall adopt rules to implement this act, including a definition of "drug-affected infant," which shall include infants who are affected by a mother's abuse of alcohol during pregnancy.


             NEW SECTION. Sec. 9. The department shall operate a model project to provide services to women who give birth to infants exposed to the nonprescription use of controlled substances by the mother during pregnancy. The project shall be offered in one site in each of three of the department's administrative regions which have the highest incidence of drug-affected babies annually. The project shall accept women referred to it by the department following the birth of a drug-affected infant. The model project shall be concluded by July 1, 2003.


             NEW SECTION. Sec. 10. A new section is added to chapter 70.96A RCW to read as follows:

             Any treatment program or model project in which a mother is enrolled under sections 3 through 5 of this act shall provide family planning, education, counseling, information, and services other than pregnancy termination. "Family planning services" means the process of limiting or spacing the birth of children. The process may include the provision of acceptable and effective education, counseling, reproductive health care, and testing.


             NEW SECTION. Sec. 11. A new section is added to chapter 74.09 RCW to read as follows:

             The department shall make available, or cause to be made available, pharmaceutical birth control services, information, and counseling to any person who enters chemical dependency treatment under section 3 or 4 of this act. The department shall pay for any tubal ligations requested under section 2 of this act if the mother's income is less than two hundred percent of the federal poverty level. The department shall report by December 1st of each year to the governor and legislature: (1) The number of tubal ligations performed as a result of chapter . . ., Laws of 1998 (this act); (2) the number of women who decline to undergo the surgery; (3) the number of women who obtain pharmaceutical birth control, by type of birth control; and (4) the number of women who are reported to the department.


             NEW SECTION. Sec. 12. The department of social and health services shall study the costs and benefits associated with including mothers of children born affected by alcohol or with fetal alcohol syndrome in the services and responsibilities established in this act. The study shall include a review of appropriate medical and social science research. The department shall report to the governor and legislature by December 1, 1998.


             NEW SECTION. Sec. 13. A new section is added to chapter 18.71 RCW to read as follows:

             Nothing in section 2 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, a physician licensed under this chapter, except as specifically included in chapter 13.34 RCW and sections 10 and 11 of this act.


             Sec. 14. RCW 13.34.070 and 1993 c 358 § 1 are each amended to read as follows:

             (1) Upon the filing of the petition, the clerk of the court shall issue a summons, one directed to the child, if the child is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. If the child is developmentally disabled and not living at home, the notice shall be given to the child's custodian as well as to the child's parent. The developmentally disabled child shall not be required to appear unless requested by the court. Where the custodian is summoned, the parent or guardian or both shall also be served with a summons. The fact-finding hearing on the petition shall be held no later than seventy-five days after the filing of the petition, unless exceptional reasons for a continuance are found. Execution of an agreement under section 3 and 4 of this act shall constitute exceptional reasons for a continuance. The party requesting the continuance shall have the burden of proving by a preponderance of the evidence that exceptional circumstances do exist. To ensure that the hearing on the petition occurs within the seventy-five day time limit, the court shall schedule and hear the matter on an expedited basis.

             (2) A copy of the petition shall be attached to each summons.

             (3) The summons shall advise the parties of the right to counsel. The summons shall also inform the child's parent, guardian, or legal custodian of his or her right to appointed counsel, if indigent, and of the procedure to use to secure appointed counsel.

             (4) The summons shall advise the parents that they may be held responsible for the support of the child if the child is placed in out-of-home care.

             (5) The judge may endorse upon the summons an order directing any parent, guardian, or custodian having the custody or control of the child to bring the child to the hearing.

             (6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the child needs to be taken into custody pursuant to RCW 13.34.050, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the child into custody and take him to the place of shelter designated by the court.

             (7) If the person summoned as provided in this section is subject to an order of the court pursuant to subsection (5) or (6) of this section, and if the person fails to abide by the order, he may be proceeded against as for contempt of court. The order endorsed upon the summons shall conspicuously display the following legend:

NOTICE:

VIOLATION OF THIS ORDER

IS SUBJECT TO PROCEEDING

FOR CONTEMPT OF COURT

PURSUANT TO RCW 13.34.070.

             (8) If a party to be served with a summons can be found within the state, the summons shall be served upon the party personally as soon as possible following the filing of the petition, but in no case later than fifteen court days before the fact-finding hearing, or such time as set by the court. If the party is within the state and cannot be personally served, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by mailing a copy thereof by certified mail as soon as possible following the filing of the petition, but in no case later than fifteen court days before the hearing, or such time as set by the court. If a party other than the child is without the state but can be found or the address is known, or can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy thereof to the party personally or by mailing a copy thereof to the party by certified mail at least ten court days before the fact-finding hearing, or such time as set by the court.

             (9) Service of summons may be made under the direction of the court by any person eighteen years of age or older who is not a party to the proceedings or by any law enforcement officer, probation counselor, or department of social and health services social worker.

             (10) In any proceeding brought under this chapter where the court knows or has reason to know that the child involved is a member of an Indian tribe, notice of the pendency of the proceeding shall also be sent by registered mail, return receipt requested, to the child's tribe. If the identity or location of the tribe cannot be determined, such notice shall be transmitted to the secretary of the interior of the United States.


             Sec. 15. RCW 13.34.130 and 1997 c 280 § 1 are each amended to read as follows:

             If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030; after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

             (1) The court shall order one of the following dispositions of the case:

             (a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.

             (b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is related to the child as defined in RCW 74.15.020(4)(a) and with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. Placement of the child with a relative under this subsection shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:

             (i) There is no parent or guardian available to care for such child;

             (ii) The parent, guardian, or legal custodian is not willing to take custody of the child;

             (iii) The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or

             (iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.

             (2) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the court finds it is recommended by the supervising agency, that it is in the best interests of the child and that it is not reasonable to provide further services to reunify the family because the existence of aggravated circumstances make it unlikely that services will effectuate the return of the child to the child's parents in the near future. In determining whether aggravated circumstances exist, the court shall consider one or more of the following:

             (a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;

             (b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;

             (c) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;

             (d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

             (e) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;

             (f) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim;

             (g) The mother has given birth to three or more drug-affected infants, resulting in the department filing a petition under section 6 of this act.

             (3) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:

             (a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older. Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

             (b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

             (i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.

             (ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.

             (iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

             (iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.

             (c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents.

             (4) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.

             (5) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits.

             (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

             (b) If the child is not returned home, the court shall establish in writing:

             (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;

             (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;

             (iii) Whether there is a continuing need for placement and whether the placement is appropriate;

             (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;

             (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;

             (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

             (vii) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and

             (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.

             (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.


             NEW SECTION. Sec. 16. The policy of the state of Washington is to make every effort to detect as early as feasible and to prevent where possible preventable disorders resulting from parental use of alcohol and drugs.


             NEW SECTION. Sec. 17. The department of health, in consultation with appropriate medical professionals, shall develop screening criteria for use in identifying pregnant or lactating women addicted to drugs or alcohol who are at risk of producing a drug-affected baby. The department shall also develop training protocols for medical professionals related to the identification and screening of women at risk of producing a drug-affected baby.


             NEW SECTION. Sec. 18. The department of health shall investigate the feasibility of medical protocols for laboratory testing or other screening of newborn infants for exposure to alcohol or drugs. The department of health shall consider how to improve the current system with respect to testing, considering such variables as whether such testing is available, its cost, which entity is currently responsible for ordering testing, and whether testing should be mandatory or targeted.


             NEW SECTION. Sec. 19. The department of health shall report to the appropriate legislative committees on its findings under sections 17 and 18 of this act by December 1, 1998.


             NEW SECTION. Sec. 20. (1) The department of health, in collaboration with the department of social and health services, shall develop a comprehensive plan for providing services to mothers who (a) have delivered a drug or alcohol exposed or affected infant, and (b) meet the definition of at-risk eligible persons in RCW 74.09.790 and who have a child up to three years of age. The services to be provided by the plan will include those defined in RCW 74.09.790. The plan shall provide for the coordination of services between the department’s divisions, between other state agencies, and through community based programs. The plan shall further provide recommendations to the legislature for implementing the plan and any alternative methods for addressing the needs of these mothers and their children.

             (2) In developing the plan, the department of health shall inventory the community based programs that may be accessed to provide services to these mothers and their children; evaluate implementing services for these mothers through extension of the maternity care access system; and evaluate the fiscal impact of the plan. In performing the fiscal evaluation, the department will calculate potential long-term cost savings to the state resulting from reduce use of the medical, juvenile justice, public assistance, and dependency systems by children and nothers receiving services under the plan.

             (3) The department shall submit a report describing the plan to the appropriate committees of the house of representatives and senate by November 1, 1998.


             NEW SECTION. Sec. 21. Sections 16 through 20 of this act constitute a new chapter in Title 70 RCW.


             NEW SECTION. Sec. 22. Sections 1 through 7 and 9 through 15 of this act take effect July 1, 1999.


             NEW SECTION. Sec. 23. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void."


             Correct the title.

 

Signed by Representatives Cooke, Chairman; Boldt, Vice Chairman; Bush, Vice Chairman; Tokuda, Ranking Minority Member; Kastama, Assistant Ranking Minority Member; Ballasiotes; Carrell; Dickerson; Gombosky; McDonald and Wolfe.


             Voting Yea: Representatives Cooke, Boldt, Bush, Tokuda, Kastama, Ballasiotes, Carrell, Dickerson, Gombosky, McDonald and Wolfe.


             Referred to Committee on Appropriations.


February 25, 1998

ESSB 5305       Prime Sponsor, Senate Committee on Health & Long-Term Care: Controlling drugs used to facilitate rape. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 69.50.401 and 1997 c 71 s 2 are each amended to read as follows:

             (a) Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.

             (1) Any person who violates this subsection with respect to:

             (i) a controlled substance classified in Schedule I or II which is a narcotic drug or flunitrazepam classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than ten years, or (A) fined not more than twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (B) if the crime involved two or more kilograms of the drug, then fined not more than one hundred thousand dollars for the first two kilograms and not more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine;

             (ii) methamphetamine, is guilty of a crime and upon conviction may be imprisoned for not more than ten years, or (A) fined not more than twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (B) if the crime involved two or more kilograms of the drug, then fined not more than one hundred thousand dollars for the first two kilograms and not more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine. The fine moneys deposited with that law enforcement agency must be used for such clean-up cost;

             (iii) any other controlled substance classified in Schedule I, II, or III, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

             (iv) a substance classified in Schedule IV, except flunitrazepam, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

             (v) a substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

             (b) Except as authorized by this chapter, it is unlawful for any person to create, deliver, or possess a counterfeit substance.

             (1) Any person who violates this subsection with respect to:

             (i) a counterfeit substance classified in Schedule I or II which is a narcotic drug, or flunitrazepam classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both;

             (ii) a counterfeit substance which is methamphetamine, is guilty of a crime and upon conviction may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both;

             (iii) any other counterfeit substance classified in Schedule I, II, or III, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

             (iv) a counterfeit substance classified in Schedule IV, except flunitrazepam, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

             (v) a counterfeit substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

             (c) It is unlawful, except as authorized in this chapter and chapter 69.41 RCW, for any person to offer, arrange, or negotiate for the sale, gift, delivery, dispensing, distribution, or administration of a controlled substance to any person and then sell, give, deliver, dispense, distribute, or administer to that person any other liquid, substance, or material in lieu of such controlled substance. Any person who violates this subsection is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

             (d) It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter. Any person who violates this subsection is guilty of a crime, and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both, except as provided for in subsection (e) of this section.

             (e) Except as provided for in subsection (a)(1)(iii) of this section any person found guilty of possession of forty grams or less of marihuana shall be guilty of a misdemeanor.

             (f) It is unlawful to compensate, threaten, solicit, or in any other manner involve a person under the age of eighteen years in a transaction unlawfully to manufacture, sell, or deliver a controlled substance. A violation of this subsection shall be punished as a class C felony punishable in accordance with RCW 9A.20.021.

             This section shall not apply to offenses defined and punishable under the provisions of RCW 69.50.410.


             Sec. 2. RCW 69.50.406 and 1996 c 205 s 7 are each amended to read as follows:

             (a) Any person eighteen years of age or over who violates RCW 69.50.401(a) by distributing a controlled substance listed in Schedules I or II which is a narcotic drug or methamphetamine, or flunitrazepam listed in Schedule IV, to a person under eighteen years of age is punishable by the fine authorized by RCW 69.50.401(a)(1) (i) or (ii), by a term of imprisonment of up to twice that authorized by RCW 69.50.401(a)(1) (i) or (ii), or by both.

             (b) Any person eighteen years of age or over who violates RCW 69.50.401(a) by distributing any other controlled substance listed in Schedules I, II, III, IV, and V to a person under eighteen years of age who is at least three years his junior is punishable by the fine authorized by RCW 69.50.401(a)(1) (iii), (iv), or (v), by a term of imprisonment up to twice that authorized by RCW 69.50.401(a)(1) (iii), (iv), or (v), or both.


             Sec. 3. RCW 9.94A.030 and 1997 c 365 s 1, 1997, c 340 s 4, 1997 c 339 s 1, 1997 c 338 s 2, 1997 c 144 s 1, and 1997 c 70 s 1 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. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.

             (12) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (a) whether the defendant has been placed on probation and the length and terms thereof; and (b) whether the defendant has been incarcerated and the length of incarceration.

             (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) "First-time offender" means any person who is convicted of a felony (a) not classified as a violent offense or a sex offense under this chapter, or (b) 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 or flunitrazepam classified in Schedule IV, 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, 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.

             (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;

             (v)(i) A prior conviction for indecent liberties under RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;

             (ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of fourteen; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997.

             (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 is under superior court jurisdiction under RCW 13.04.030 or 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)(i) Has been convicted in this state of any felony considered a most serious offense; and

             (ii) 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; or

             (b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, or burglary in the first degree, with a finding of sexual motivation; or (C) an attempt to commit any crime listed in this subsection (27)(b)(i); and

             (ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under subsection (27)(b)(i) only when the offender was sixteen years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under subsection (27)(b)(i) only when the offender was eighteen years of age or older when the offender committed the offense.

             (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, manslaughter in the first 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, drive-by shooting, 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. 4. RCW 9.94A.320 and 1997 c 365 s 4, 1997 c 346 s 3, 1997 c 340 s 1, 1997 c 338 s 51, 1997 c 266 s 15, and 1997 c 120 s 5 are each reenacted and amended to read as follows:


TABLE 2

 

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

    XV                  Aggravated Murder 1 (RCW 10.95.020)

 

   XIV                  Murder 1 (RCW 9A.32.030)

                            Homicide by abuse (RCW 9A.32.055)

                            Malicious explosion 1 (RCW 70.74.280(1))

 

   XIII                  Murder 2 (RCW 9A.32.050)

                            Malicious explosion 2 (RCW 70.74.280(2))

                            Malicious placement of an explosive 1 (RCW 70.74.270(1))

 

     XII                  Assault 1 (RCW 9A.36.011)

                            Assault of a Child 1 (RCW 9A.36.120)

                            Rape 1 (RCW 9A.44.040)

                            Rape of a Child 1 (RCW 9A.44.073)

                            Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

 

      XI                  Rape 2 (RCW 9A.44.050)

                            Rape of a Child 2 (RCW 9A.44.076)

                            Manslaughter 1 (RCW 9A.32.060)

 

       X                  Kidnapping 1 (RCW 9A.40.020)

                            Child Molestation 1 (RCW 9A.44.083)

                            Malicious explosion 3 (RCW 70.74.280(3))

                            Over 18 and deliver heroin ((or)), a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

                            Leading Organized Crime (RCW 9A.82.060(1)(a))

                            Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

 

      IX                  Assault of a Child 2 (RCW 9A.36.130)

                            Robbery 1 (RCW 9A.56.200)

                            Explosive devices prohibited (RCW 70.74.180)

                            Malicious placement of an explosive 2 (RCW 70.74.270(2))

                            Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                            Controlled Substance Homicide (RCW 69.50.415)

                            Sexual Exploitation (RCW 9.68A.040)

                            Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

                            Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

 

   VIII                  Arson 1 (RCW 9A.48.020)

                            Promoting Prostitution 1 (RCW 9A.88.070)

                            Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                            Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                            Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                            Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)

                            Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

                            Manslaughter 2 (RCW 9A.32.070)

 

     VII                  Burglary 1 (RCW 9A.52.020)

                            Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

                            Introducing Contraband 1 (RCW 9A.76.140)

                            Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                            Child Molestation 2 (RCW 9A.44.086)

                            Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                            Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                            Involving a minor in drug dealing (RCW 69.50.401(f))

                            Drive-by Shooting (RCW 9A.36.045)

                            Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

                            Malicious placement of an explosive 3 (RCW 70.74.270(3))

 

      VI                  Bribery (RCW 9A.68.010)

                            Rape of a Child 3 (RCW 9A.44.079)

                            Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                            Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

                            Incest 1 (RCW 9A.64.020(1))

                            Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

                            Intimidating a Judge (RCW 9A.72.160)

                            Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

                            Theft of a Firearm (RCW 9A.56.300)

 

       V                  Persistent prison misbehavior (RCW 9.94.070)

                            Criminal Mistreatment 1 (RCW 9A.42.020)

                            Abandonment of dependent person 1 (RCW 9A.42.060)

                            Rape 3 (RCW 9A.44.060)

                            Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                            Child Molestation 3 (RCW 9A.44.089)

                            Kidnapping 2 (RCW 9A.40.030)

                            Extortion 1 (RCW 9A.56.120)

                            Incest 2 (RCW 9A.64.020(2))

                            Perjury 1 (RCW 9A.72.020)

                            Extortionate Extension of Credit (RCW 9A.82.020)

                            Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                            Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                            Rendering Criminal Assistance 1 (RCW 9A.76.070)

                            Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                            Sexually Violating Human Remains (RCW 9A.44.105)

                            Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

                            Possession of a Stolen Firearm (RCW 9A.56.310)

 

      IV                  Residential Burglary (RCW 9A.52.025)

                            Theft of Livestock 1 (RCW 9A.56.080)

                            Robbery 2 (RCW 9A.56.210)

                            Assault 2 (RCW 9A.36.021)

                            Escape 1 (RCW 9A.76.110)

                            Arson 2 (RCW 9A.48.030)

                            Commercial Bribery (RCW 9A.68.060)

                            Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                            Malicious Harassment (RCW 9A.36.080)

                            Threats to Bomb (RCW 9.61.160)

                            Willful Failure to Return from Furlough (RCW 72.66.060)

                            Hit and Run--Injury Accident (RCW 46.52.020(4))

                            Hit and Run with Vessel--Injury Accident (RCW 88.12.155(3))

                            Vehicular Assault (RCW 46.61.522)

                            Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana ((or)), methamphetamines, or flunitrazepam) (RCW 69.50.401 (a)(1) (iii) through (v))

                            Influencing Outcome of Sporting Event (RCW 9A.82.070)

                            Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                            Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

 

      III                  Criminal Gang Intimidation (RCW 9A.46.120)

                            Criminal Mistreatment 2 (RCW 9A.42.030)

                            Abandonment of dependent person 2 (RCW 9A.42.070)

                            Extortion 2 (RCW 9A.56.130)

                            Unlawful Imprisonment (RCW 9A.40.040)

                            Assault 3 (RCW 9A.36.031)

                            Assault of a Child 3 (RCW 9A.36.140)

                            Custodial Assault (RCW 9A.36.100)

                            Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

                            Harassment (RCW 9A.46.020)

                            Promoting Prostitution 2 (RCW 9A.88.080)

                            Willful Failure to Return from Work Release (RCW 72.65.070)

                            Burglary 2 (RCW 9A.52.030)

                            Introducing Contraband 2 (RCW 9A.76.150)

                            Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                            Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                            Escape 2 (RCW 9A.76.120)

                            Perjury 2 (RCW 9A.72.030)

                            Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                            Intimidating a Public Servant (RCW 9A.76.180)

                            Tampering with a Witness (RCW 9A.72.120)

                            Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

                            Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                            Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                            Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                            Theft of livestock 2 (RCW 9A.56.080)

                            Securities Act violation (RCW 21.20.400)

 

       II                  Unlawful Practice of Law (RCW 2.48.180)

                            Malicious Mischief 1 (RCW 9A.48.070)

                            Possession of Stolen Property 1 (RCW 9A.56.150)

                            Theft 1 (RCW 9A.56.030)

                            Class B Felony Theft of Rental, Leased, or Lease-purchased Property (RCW 9A.56.096(4))

                            Trafficking in Insurance Claims (RCW 48.30A.015)

                            Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

                            Health Care False Claims (RCW 48.80.030)

                            Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

                            Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                            Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

                            Computer Trespass 1 (RCW 9A.52.110)

                            Escape from Community Custody (RCW 72.09.310)

 

         I                  Theft 2 (RCW 9A.56.040)

                            Class C Felony Theft of Rental, Leased, or Lease-purchased Property (RCW 9A.56.096(4))

                            Possession of Stolen Property 2 (RCW 9A.56.160)

                            Forgery (RCW 9A.60.020)

                            Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                            Vehicle Prowl 1 (RCW 9A.52.095)

                            Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                            Malicious Mischief 2 (RCW 9A.48.080)

                            Reckless Burning 1 (RCW 9A.48.040)

                            Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                            Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                            False Verification for Welfare (RCW 74.08.055)

                            Forged Prescription (RCW 69.41.020)

                            Forged Prescription for a Controlled Substance (RCW 69.50.403)

                            Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))


             Sec. 5. RCW 13.40.0357 and 1997 c 338 s 12 and 1997 c 66 s 6 are each reenacted and amended to read as follows:


DESCRIPTION AND OFFENSE CATEGORY

 

                                                           juvenile                                                                  juvenile disposition

                                                           disposition                                                             category for attempt,

                                                           offense                                                                   bailjump, conspiracy,

                                                           category description (rcw citation)                  or solicitation



 

                                                                               Arson and Malicious Mischief

                                                                  A         Arson 1 (9A.48.020)                                      B+

                                                                  B         Arson 2 (9A.48.030)                                      C

                                                                  C         Reckless Burning 1 (9A.48.040)                   D

                                                                  D         Reckless Burning 2 (9A.48.050)                   E

                                                                  B         Malicious Mischief 1 (9A.48.070)                 C

                                                                  C         Malicious Mischief 2 (9A.48.080)                 D

                                                                  D         Malicious Mischief 3 (<$50 is

                                                                               E class) (9A.48.090)                                      E

                                                                  E         Tampering with Fire Alarm

                                                                               Apparatus (9.40.100)                                     E

                                                                  A         Possession of Incendiary Device

                                                                               (9.40.120)                                                       B+

 

                                                                               Assault and Other Crimes

                                                                               Involving Physical Harm

                                                                  A         Assault 1 (9A.36.011)                                    B+

                                                                  B+       Assault 2 (9A.36.021)                                    C+

                                                                  C+       Assault 3 (9A.36.031)                                    D+

                                                                  D+       Assault 4 (9A.36.041)                                    E

                                                                  B+       Drive-By Shooting

                                                                               (9A.36.045)                                                    C+

                                                                  D+       Reckless Endangerment

                                                                               (9A.36.050)                                                    E

                                                                  C+       Promoting Suicide Attempt

                                                                               (9A.36.060)                                                    D+

                                                                  D+       Coercion (9A.36.070)                                    E

                                                                  C+       Custodial Assault (9A.36.100)                      D+

 

                                                                               Burglary and Trespass

                                                                  B+       Burglary 1 (9A.52.020)                                  C+

                                                                  B         Residential Burglary

                                                                               (9A.52.025)                                                    C

                                                                  B         Burglary 2 (9A.52.030)                                  C

                                                                  D         Burglary Tools (Possession of)

                                                                               (9A.52.060)                                                    E

                                                                  D         Criminal Trespass 1 (9A.52.070)                  E

                                                                  E         Criminal Trespass 2 (9A.52.080)                  E

                                                                  C         Vehicle Prowling 1 (9A.52.095)                    D

                                                                  D         Vehicle Prowling 2 (9A.52.100)                    E

 

                                                                               Drugs

                                                                  E         Possession/Consumption of Alcohol

                                                                               (66.44.270)                                                     E

                                                                  C         Illegally Obtaining Legend Drug

                                                                               (69.41.020)                                                     D

                                                                  C+       Sale, Delivery, Possession of Legend

                                                                               Drug with Intent to Sell

                                                                               (69.41.030)                                                     D+

                                                                  E         Possession of Legend Drug

                                                                               (69.41.030)                                                     E

                                                                  B+       Violation of Uniform Controlled

                                                                               Substances Act - Narcotic ((or)),

                                                                               Methamphetamine, or Flunitrazepam

                                                                               Sale (69.50.401(a)(1)(i) or (ii))                      B+

                                                                  C         Violation of Uniform Controlled

                                                                               Substances Act - Nonnarcotic Sale

                                                                               (69.50.401(a)(1)(iii))                                      C

                                                                  E         Possession of Marihuana <40 grams

                                                                               (69.50.401(e))                                                 E

                                                                  C         Fraudulently Obtaining Controlled

                                                                               Substance (69.50.403)                                   C

                                                                  C+       Sale of Controlled Substance

                                                                               for Profit (69.50.410)                                     C+

                                                                  E         Unlawful Inhalation (9.47A.020)                 E

                                                                  B         Violation of Uniform Controlled

                                                                               Substances Act - Narcotic ((or)),

                                                                               Methamphetamine, or Flunitrazepam

                                                                               Counterfeit Substances

                                                                               (69.50.401(b)(1)(i) or (ii))                              B

                                                                  C         Violation of Uniform Controlled

                                                                               Substances Act - Nonnarcotic

                                                                               Counterfeit Substances

                                                                               (69.50.401(b)(1) (iii), (iv), (v))                       C

                                                                  C         Violation of Uniform Controlled

                                                                               Substances Act - Possession of a

                                                                               Controlled Substance

                                                                               (69.50.401(d))                                                C

                                                                  C         Violation of Uniform Controlled

                                                                               Substances Act - Possession of a

                                                                               Controlled Substance

                                                                               (69.50.401(c))                                                 C

 

                                                                               Firearms and Weapons

                                                                  B         Theft of Firearm (9A.56.300)                        C

                                                                  B         Possession of Stolen Firearm

                                                                               (9A.56.310)                                                    C

                                                                  E         Carrying Loaded Pistol Without

                                                                               Permit (9.41.050)                                           E

                                                                  C         Possession of Firearms by Minor (<18)

                                                                               (9.41.040(1) (b) (iii))                                      C

                                                                  D+       Possession of Dangerous Weapon

                                                                               (9.41.250)                                                       E

                                                                  D         Intimidating Another Person by use

                                                                               of Weapon (9.41.270)                                    E

 

                                                                               Homicide

                                                                  A+       Murder 1 (9A.32.030)                                    A

                                                                  A+       Murder 2 (9A.32.050)                                    B+

                                                                  B+       Manslaughter 1 (9A.32.060)                         C+

                                                                  C+       Manslaughter 2 (9A.32.070)                         D+

                                                                  B+       Vehicular Homicide (46.61.520)                   C+

 

                                                                               Kidnapping

                                                                  A         Kidnap 1 (9A.40.020)                                    B+

                                                                  B+       Kidnap 2 (9A.40.030)                                    C+

                                                                  C+       Unlawful Imprisonment

                                                                               (9A.40.040)                                                    D+

 

                                                                               Obstructing Governmental Operation

                                                                  D         Obstructing a Law Enforcement

                                                                               Officer (9A.76.020)                                        E

                                                                  E         Resisting Arrest (9A.76.040)                         E

                                                                  B         Introducing Contraband 1

                                                                               (9A.76.140)                                                    C

                                                                  C         Introducing Contraband 2

                                                                               (9A.76.150)                                                    D

                                                                  E         Introducing Contraband 3

                                                                               (9A.76.160)                                                    E

                                                                  B+       Intimidating a Public Servant

                                                                               (9A.76.180)                                                    C+

                                                                  B+       Intimidating a Witness

                                                                               (9A.72.110)                                                    C+

 

                                                                               Public Disturbance

                                                                  C+       Riot with Weapon (9A.84.010)                      D+

                                                                  D+       Riot Without Weapon

                                                                               (9A.84.010)                                                    E

                                                                  E         Failure to Disperse (9A.84.020)                    E

                                                                  E         Disorderly Conduct (9A.84.030)                   E

 

                                                                               Sex Crimes

                                                                  A         Rape 1 (9A.44.040)                                        B+

                                                                  A-        Rape 2 (9A.44.050)                                        B+

                                                                  C+       Rape 3 (9A.44.060)                                        D+

                                                                  A-        Rape of a Child 1 (9A.44.073)                       B+

                                                                  B+       Rape of a Child 2 (9A.44.076)                       C+

                                                                  B         Incest 1 (9A.64.020(1))                                  C

                                                                  C         Incest 2 (9A.64.020(2))                                  D

                                                                  D+       Indecent Exposure

                                                                               (Victim <14) (9A.88.010)                               E

                                                                  E         Indecent Exposure

                                                                               (Victim 14 or over) (9A.88.010)                    E

                                                                  B+       Promoting Prostitution 1

                                                                               (9A.88.070)                                                    C+

                                                                  C+       Promoting Prostitution 2

                                                                               (9A.88.080)                                                    D+

                                                                  E         O & A (Prostitution) (9A.88.030)                  E

                                                                  B+       Indecent Liberties (9A.44.100)                      C+

                                                                  A-        Child Molestation 1 (9A.44.083)                   B+

                                                                  B         Child Molestation 2 (9A.44.086)                   C+

 

                                                                               Theft, Robbery, Extortion, and Forgery

                                                                  B         Theft 1 (9A.56.030)                                        C

                                                                  C         Theft 2 (9A.56.040)                                        D

                                                                  D         Theft 3 (9A.56.050)                                        E

                                                                  B         Theft of Livestock (9A.56.080)                      C

                                                                  C         Forgery (9A.60.020)                                      D

                                                                  A         Robbery 1 (9A.56.200)                                   B+

                                                                  B+       Robbery 2 (9A.56.210)                                   C+

                                                                  B+       Extortion 1 (9A.56.120)                                 C+

                                                                  C+       Extortion 2 (9A.56.130)                                 D+

                                                                  B         Possession of Stolen Property 1

                                                                               (9A.56.150)                                                    C

                                                                  C         Possession of Stolen Property 2

                                                                               (9A.56.160)                                                    D

                                                                  D         Possession of Stolen Property 3

                                                                               (9A.56.170)                                                    E

                                                                  C         Taking Motor Vehicle Without

                                                                               Owner's Permission (9A.56.070)                  D

 

                                                                               Motor Vehicle Related Crimes

                                                                  E         Driving Without a License

                                                                               (46.20.005)                                                     E

                                                                  C         Hit and Run - Injury

                                                                               (46.52.020(4))                                                D

                                                                  D         Hit and Run-Attended

                                                                               (46.52.020(5))                                                E

                                                                  E         Hit and Run-Unattended

                                                                               (46.52.010)                                                     E

                                                                  C         Vehicular Assault (46.61.522)                       D

                                                                  C         Attempting to Elude Pursuing

                                                                               Police Vehicle (46.61.024)                             D

                                                                  E         Reckless Driving (46.61.500)                        E

                                                                  D         Driving While Under the Influence

                                                                               (46.61.502 and 46.61.504)                             E

 

                                                                               Other

                                                                  B         Bomb Threat (9.61.160)                                C

                                                                  C         Escape 11 (9A.76.110)                                   C

                                                                  C         Escape 21 (9A.76.120)                                   C

                                                                  D         Escape 3 (9A.76.130)                                     E

                                                                  E         Obscene, Harassing, Etc.,

                                                                               Phone Calls (9.61.230)                                  E

                                                                  A         Other Offense Equivalent to an

                                                                               Adult Class A Felony                                     B+

                                                                  B         Other Offense Equivalent to an

                                                                               Adult Class B Felony                                     C

                                                                  C         Other Offense Equivalent to an

                                                                               Adult Class C Felony                                     D

                                                                  D         Other Offense Equivalent to an

                                                                               Adult Gross Misdemeanor                            E

                                                                  E         Other Offense Equivalent to an

                                                                               Adult Misdemeanor                                       E

                                                                  V         Violation of Order of Restitution,

                                                                               Community Supervision, or

                                                                               Confinement (13.40.200)2                             V


 

1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

 

             1st escape or attempted escape during 12-month period - 4 weeks confinement

             2nd escape or attempted escape during 12-month period - 8 weeks confinement

             3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement

 

2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

 

JUVENILE SENTENCING STANDARDS

 

This schedule must be used for juvenile offenders. The court may select sentencing option A, B, or C.

 

OPTION A

JUVENILE OFFENDER SENTENCING GRID

STANDARD RANGE


 

                                                                                                                                                   

                  A+        180 WEEKS TO AGE 21 YEARS

                                                                                                                                                   

                  A          103 WEEKS TO 129 WEEKS

                                                                                             

                  A-         15-36                |52-65       |80-100      |103-129

                               WEEKS            |WEEKS   |WEEKS   |WEEKS

                               EXCEPT           |||

                               30-40                |||

                               WEEKS FOR   |||

                               15-17                |||

                               YEAR OLDS   |||

                                                                                                               

Current     B+        15-36                                  |52-65       |80-100      |103-129

Offense                  WEEKS                              |WEEKS   |WEEKS   |WEEKS

Category                                                                                                                                    

                  B          LOCAL                              |                 |52-65

                                SANCTIONS (LS)             |15-36 WEEKS           |WEEKS

                                                                                                                                                   

                  C+        LS                                                         |

                                                                                             |15-36 WEEKS

                                                                                                               

                  C          LS                                                                           |15-36 WEEKS

                                                         Local Sanctions:                           |

                                                         0 to 30 Days                                                                     

                  D+        LS                     0 to 12 Months Community Supervision

                                                         0 to 150 Hours Community Service

                  D          LS                     $0 to $500 Fine

 

                  E           LS 

                                                                                                                                                   

                                    0                    1                    2                3                4 or more

                                                          PRIOR ADJUDICATIONS

 

NOTE: References in the grid to days or weeks mean periods of confinement.

             (1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.

             (2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.

             (3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.

             (4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.

             (5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.

 

OR

 

OPTION B

CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE

 

             If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(5) and 13.40.165.

 

OR

 

OPTION C

MANIFEST INJUSTICE

 

If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).


             Sec. 6. RCW 9A.44.050 and 1997 c 392 s 514 are each amended to read as follows:

             (1) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:

             (a) By forcible compulsion;

             (b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated, including physical helplessness or mental incapacity induced by any controlled substance, and the perpetrator knows of the helplessness or incapacity;

             (c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim;

             (d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment;

             (e) When the victim is a resident of a facility for mentally disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or

             (f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant relationship with the victim.

             (2) Rape in the second degree is a class A felony.


             Sec. 7. RCW 9A.44.100 and 1997 c 392 s 515 are each amended to read as follows:

             (1) A person is guilty of indecent liberties when he knowingly causes another person who is not his spouse to have sexual contact with him or another:

             (a) By forcible compulsion;

             (b) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless, including mental incapacity or physical helplessness induced by any controlled substance, and the perpetrator knows of the defect, incapacity, or helplessness;

             (c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim;

             (d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment;

             (e) When the victim is a resident of a facility for mentally disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or

             (f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant relationship with the victim.

             (2) Indecent liberties is a class B felony.


             NEW SECTION. Sec. 8. A new section is added to chapter 9A.44 RCW to read as follows:

             Rape crisis centers, law enforcement, and hospital emergency rooms shall provide to all personnel investigating cases of sexual assault training on how to recognize the presence of sedating substances, how to test for the substances, and the appropriate chain of custody procedures to follow so that the evidence may be used in a court of law. The training required by this section may be incorporated into existing training programs.


             NEW SECTION. Sec. 9. This act applies to crimes committed on or after July 1, 1998.


             NEW SECTION. Sec. 10. This act takes effect July 1, 1998.


             NEW SECTION. Sec. 11. 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."


             Correct the title.

 

Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.


             Passed to Rules Committee for second reading.


February 27, 1998

ESSB 5347       Prime Sponsor, Senate Committee on Natural Resources & Park: Creating a program for juvenile fishing only waters. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that providing young fishers with increased opportunity to fish with recreational gear will provide wholesome activities that will better their lives and instill an appreciation for the state's natural resources. Society as a whole will gain from these positive, youthful experiences, and an important tradition of Northwest life will be perpetuated. Many youthful fishers will be exposed to a natural experience that will teach them self-confidence and respect for the resource, and that will remain with them for the rest of their lives.


             NEW SECTION. Sec. 2. (1) The fish and wildlife commission shall institute a program to identify, establish, and expand fishing opportunities for young anglers.

             (2) In instituting this program, the department:

             (a) Shall direct the program at young anglers less than eighteen years of age;

             (b) May establish specific areas throughout the state where only young anglers are allowed to fish;

             (c) May establish specific areas throughout the state where an adult is allowed to fish only when accompanied by a young angler;

             (d) Shall strive to create fishing opportunities that encourage participation year around;

             (e) Shall strive to provide fishing opportunities that are easily accessible from urban areas so as to encourage inner-city youth to participate in fishing activities;

             (f) Shall emphasize catch and retention opportunities, although the commission may establish some waters for catch-and-release fishing; and

             (g) May utilize fish produced in private and public fish hatcheries to provide viable fishing opportunities for young anglers.


             NEW SECTION. Sec. 3. The department must work with cooperative groups, regional fisheries enhancement groups, government agencies, Indian tribes, private fish farmers, and civic groups for the purpose of expanding fishing opportunities for young anglers throughout the state. Organized groups that sponsor group outings for young fishers must be encouraged to the fullest extent.


             NEW SECTION. Sec. 4. The department of fish and wildlife must report to the appropriate committees of the legislature on the progress of implementing sections 2 and 3 of this act on or before January 31, 1999.


             NEW SECTION. Sec. 5. Sections 2 and 3 of this act are each added to chapter 77.32 RCW."

 

Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Alexander; Anderson; Chandler; Hatfield and Pennington.

 

MINORITY recommendation: Do not pass. Signed by Representatives Butler, Assistant Ranking Minority Member; and Eickmeyer.


             Voting Yea: Representatives Buck, Sump, Thompson, Regala, Alexander, Chandler, Hatfield, and Pennington.

             Voting Nay: Representatives Butler, Anderson and Eickmeyer.


             Passed to Rules Committee for second reading.


February 26, 1998

ESSB 5479       Prime Sponsor, Senate Committee on Education: Changing time periods for provisional status for certificated employees. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Johnson, Chairman; Hickel, Vice Chairman; Smith; Sterk; Sump and Talcott.

 

MINORITY recommendation: Do not pass. Signed by Representatives Cole, Ranking Minority Member; Keiser, Assistant Ranking Minority Member; Quall and Veloria.


             Voting Yea: Representatives Johnson, Hickel, Linville, Smith, Sterk, Sump and Talcott.

             Voting Nay: Representatives Cole, Keiser, Quall and Veloria.


             Passed to Rules Committee for second reading.


February 26, 1998

ESB 5499         Prime Sponsor, Senator Roach: Defining when an assault on a bus driver constitutes assault in the third degree. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 5517          Prime Sponsor, Senate Committee on Higher Education: Requiring one student member on each state institution of higher education's governing board. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Carlson, Chairman; Radcliff, Vice Chairman; Kenney, Assistant Ranking Minority Member; Butler; Dunn; O'Brien and Sheahan.

 

MINORITY recommendation: Without recommendation. Signed by Representative Van Luven.


             Voting Yea: Representatives Carlson, Radcliff, Kenney, Butler, Dunn, O'Brien and Sheahan.

             Voting Nay: Representative Van Luven.

             Excused: Representative Mason.


             Passed to Rules Committee for second reading.


February 26, 1998

ESSB 5527       Prime Sponsor, Senate Committee on Agriculture & Environment: Providing incentives for water-efficient irrigation systems. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that significant water savings may be realized through the installation and use of more efficient irrigation systems and techniques. The legislature also finds that positive economic incentives, establishment of necessary legal procedures, and removal of legal barriers are needed to stimulate the development of workable technologies and farming systems that rely on lesser quantities of water.

             The purpose of this act is to foster the use of water-efficient irrigation systems by allowing the saved water to be voluntarily transferred by the water right holder to other uses or other places of use.  Additionally, the purpose is to establish incentives through enabling self-funded, private capital or public funds to provide improved market-based incentives for adopting water saving technologies and to allow the benefits of the conserved water to be fully realized. It is the intent of this act that sufficient protections be provided to assure that existing water users are not adversely affected by transfers approved under this act.


             NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

             (1) "Contract" means a written legal instrument that provides for the transfer of a portion of a water right from an existing water right holder to another person for consideration.

             (2) "Department" means the department of ecology.

             (3) "Net water savings" has the same meaning as defined in RCW 90.42.020.

             (4) "Person" means a person, corporation, quasi-municipal corporation, municipal corporation, or state agency.

             (5) "Reduction in evaporative loss" means the amount of water that is no longer lost to further use as a result of changing from a conventional irrigation system to a water-efficient irrigation system. "Reduction in evaporative loss" includes the reduction in the amount of water consumed through evaporation during the conveyance and/or the application of water to crops and through transpiration by nonproductive plants such as cover crops, but does not include any water that contributed to return flows used to satisfy existing rights.

             (6) "Transfer" means a transfer of, change in, or amendment to a surface or ground water right described in RCW 90.03.380 and 90.44.100 or to transfer, change, or amend such a right.

             (7) "Trust water right" means a water right transferred to and managed by the department for the benefit of instream flows or for the allocation to new uses as provided in chapter 90.38 or 90.42 RCW.

             (8) "Water-efficient irrigation system" means a system, the use of which results in a water savings when compared to the use or loss of water experienced in conveying water and/or applying water to a crop or crops before the installation of the system.


             NEW SECTION. Sec. 3. (1) A person holding a valid water right who installs a water-efficient irrigation system for use under the right may apply to the department for a transfer of the use of the water resulting from the reduction in evaporative loss plus any additional net water savings resulting from the installation. The water use may be transferred:

             (a) To other land owned by the person with less senior water rights or that lacks a full and sufficient supply of water or for the irrigation of an additional parcel or parcels of land owned by the person. The application for such a transfer must be processed based upon the same criteria as if the transfer were to be made to another person; or

             (b) To another person for use on other land.

             In the latter case, the person holding the valid water right may enter into a contract with another person for the transfer of water saved through installation of the water-efficient irrigation system. A contract may allow for a permanent transfer of a portion of the original water right, or for lease agreements with set expiration dates. The applicant shall state that the contract is not permanent in the application if the contract is not permanent. Such a contract shall be filed with the department with or as a supplement to the application and the department shall maintain a record of such a contract with the certificate of water right for the transferred water.

             (2) In determining the amount that is transferrable as a result of the installation of a water-efficient irrigation system, the department shall allow the transfer of an amount equal to the reduction in the evaporative loss. The reduction in evaporative loss is a readily transferrable component of net water savings.

             In addition, the department shall evaluate whether there are additional net water savings that result directly from installation of the water-efficient irrigation system that could be transferred without detriment to other existing water users. The department may not delay because of decisions on the determination of additional net water savings the approval of the transfer of the water that constitutes the reduction in evaporative loss.

             (3) The use of water supplied by an irrigation district that is saved through installation of a water-efficient irrigation system as described in this section shall be regulated solely as provided by the board of directors of the irrigation district.

             (4) A person wishing to make application for a transfer of a water right under this chapter, whether for surface or ground water, shall comply with RCW 90.03.380. The transferred portion of the water right has the same date of priority as the water right from which it originated, but between them the transferred portion of the right is inferior in priority unless otherwise provided by the parties by contract filed with the department.


             NEW SECTION. Sec. 4. The department may adopt rules, in accordance with chapter 34.05 RCW, for procedures to be used to facilitate the processing of requests for water right transfers made under this chapter and to establish a streamlined procedure to quantify the reduction in the evaporative loss. The methods used by the department for calculating reductions in evaporative loss, including but not limited to those for determining the exposure of water to evaporative loss using various irrigation systems, and the pan evaporation data to be used shall be the methods and data recommended by the Washington state cooperative extension service.

             The rules may establish procedures for the department to make preliminary findings that can be used as an initial basis for developing contracts by applicants.


             NEW SECTION. Sec. 5. An applicant shall accompany an application for a water right transfer under this chapter with a fee established in RCW 90.03.470.


             NEW SECTION. Sec. 6. In processing applications for transfers of portions of water rights under this chapter, if the department is unable to conclusively determine the validity of the original water right, the department may include a presumption of validity in the certificate of water rights. The presumption must provide to the contract purchaser the same right to the use of water embodied in the original water right.

             The presumption of validity may not be used as evidence as to the existence or nonexistence in a water right adjudication conducted under chapter 90.03 RCW.


             NEW SECTION. Sec. 7. A holder of a water right may voluntarily enter into a contract with the department. The department may utilize funds that are now or hereafter authorized for the purchase of water savings made available under this chapter. The department shall utilize the same methods of calculating water that is transferrable to another party under this chapter in determining the amount of water that is transferrable to the state. If additional net water saved is available for the benefit of only a stream segment, the calculations may be made on a case-by-case basis while assuring no detriment to existing water users occurs.


             NEW SECTION. Sec. 8. This chapter may be known and cited as the agricultural water conservation incentives act.


             Sec. 9. RCW 90.03.380 and 1997 c 442 s 801 are each amended to read as follows:

             (1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used((: PROVIDED, HOWEVER, That the)). However, all or a portion of a right may be transferred to another or to others and become appurtenant to any other land or place of use without loss of priority of right theretofore established if such change can be made without detriment or injury to existing rights. The point of diversion of water for beneficial use or the purpose of use may be changed, if such change can be made without detriment or injury to existing rights. A change in the place of use, point of diversion, and/or purpose of use of a water right to enable irrigation of additional acreage or the addition of new uses may be permitted if such change results in no increase in the annual consumptive quantity of water used under the water right. For purposes of this section, "annual consumptive quantity" means the estimated or actual annual amount of water diverted pursuant to the water right, reduced by the estimated annual amount of return flows, averaged over the most recent five-year period of continuous beneficial use of the water right. Before any transfer of such right to use water or change of the point of diversion of water or change of purpose of use can be made, any person having an interest in the transfer or change, shall file a written application therefor with the department, and the application shall not be granted until notice of the application is published as provided in RCW 90.03.280. If it shall appear that such transfer or such change may be made without injury or detriment to existing rights, the department shall issue to the applicant an authorization to make the change or transfer. When the applicant has completed the change or transfer, the department shall issue to the applicant a certificate in duplicate granting the right for such transfer or for such change of point of diversion or of use. The certificate so issued shall be filed and be made a record with the department and the duplicate certificate issued to the applicant may be filed with the county auditor in like manner and with the same effect as provided in the original certificate or permit to divert water.

             (2) If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial integrity of either of the districts.

             (3) A change in place of use by an individual water user or users of water provided by an irrigation district need only receive approval for the change from the board of directors of the district if the use of water continues within the irrigation district, and when water is provided by an irrigation entity that is a member of a board of joint control created under chapter 87.80 RCW, approval need only be received from the board of joint control if the use of water continues within the area of jurisdiction of the joint board and the change can be made without detriment or injury to existing rights. The board of directors of an irrigation district may approve such a change if the board determines that the change: Will not adversely affect the district's ability to deliver water to other landowners; will not require the construction by the district of diversion or drainage facilities unless the board finds that the construction by the district is in the interest of the district; will not impair the financial or operational integrity of the district; and is consistent with the contractual obligations of the district.

             (4) This section shall not apply to trust water rights acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070.


             NEW SECTION. Sec. 10. Sections 2 through 8 of this act constitute a new chapter in Title 90 RCW."


             Correct the title.

 

Signed by Representatives Chandler, Chairman; Parlette, Vice Chairman; Schoesler, Vice Chairman; Linville, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Cooper; Delvin; Koster; Mastin and Sump.

 

MINORITY recommendation: Do not pass. Signed by Representative Regala.


             Voting Yea: Representatives Chandler, Schoesler, Linville, Anderson, Cooper, Delvin, Koster, Regala and Sump.

             Voting Nay: Representative Regala.

             Excused: Representatives Parlette and Mastin.


             Passed to Rules Committee for second reading.


February 27, 1998

SSB 5532          Prime Sponsor, Senate Committee on Government Operations: Requiring mediation before appeal of land-use decisions involving conditional use permits. Reported by Committee on Government Reform & Land Use

 

MAJORITY recommendation: Do pass. Signed by Representatives Reams, Chairman; Cairnes, Vice Chairman; Sherstad, Vice Chairman; Romero, Ranking Minority Member; Lantz, Assistant Ranking Minority Member; Bush; Fisher; Mielke; Mulliken and Thompson.


             Voting Yea: Representatives Reams, Cairnes, Sherstad, Romero, Lantz, Bush, Fisher, Mielke, Mulliken and Thompson.

             Excused: Representative Gardner.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 5582          Prime Sponsor, Senate Committee on Law & Justice: Prohibiting the purchase of liquor by intoxicated persons. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 66.44.200 and 1933 ex.s. c 62 s 36 are each amended to read as follows:

             (1) No person shall sell any liquor to any person apparently under the influence of liquor.

             (2) No person who is apparently under the influence of liquor may purchase or consume liquor on any premises licensed by the board.

             (a) A violation of this subsection is a civil infraction punishable by a fine of not more than five hundred dollars.

             (b) A defendant's intoxication may not be used as a defense in a civil action under this subsection."

 

Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Carrell; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.

 

MINORITY recommendation: Do not pass. Signed by Representatives Constantine, Assistant Ranking Minority Member; and Cody.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Carrell, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.

             Voting Nay: Representatives Constantine and Cody.


             Passed to Rules Committee for second reading.


February 24, 1998

SB 5622            Prime Sponsor, Senator Long: Removing the expiration of tax exemptions for new construction of alternative housing for youth in crisis. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 82.08.02915 and 1997 c 386 s 56 are each amended to read as follows:

             The tax levied by RCW 82.08.020 shall not apply to sales to health or social welfare organizations, as defined in RCW 82.04.431, of items necessary for new construction of alternative housing for youth in crisis, so long as the facility will be a licensed agency under chapter 74.15 RCW, upon completion. ((This section shall expire July 1, 1999.))


             Sec. 2. RCW 82.12.02915 and 1997 c 386 s 57 are each amended to read as follows:

             The provisions of this chapter shall not apply in respect to the use of any item acquired by a health or social welfare organization, as defined in RCW 82.04.431, of items necessary for new construction of alternative housing for youth in crisis, so long as the facility will be a licensed agency under chapter 74.15 RCW, upon completion. ((This section shall expire July 1, 1999.))"


             Correct the title.

 

Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Boldt; Butler; Conway; Kastama; Morris; Pennington; Schoesler; Thompson and Van Luven.


             Voting Yea: Representatives B. Thomas, Carrell, Mulliken, Dunshee, Dickerson, Boldt, Butler, Conway, Kastama, Morris, Pennington, Schoesler, Thompson and Van Luven.

             Excused: Representative Mason.


             Passed to Rules Committee for second reading.


February 25, 1998

ESSB 5629       Prime Sponsor, Senate Committee on Law & Justice: Making domestic violence an aggravating circumstance for purposes of sentencing decisions. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.


             Passed to Rules Committee for second reading.


February 26, 1998

2SSB 5660        Prime Sponsor, Senate Committee on Ways & Means: Requiring notice of enforcement actions taken against child day-care centers and family day-care providers. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass as amended.


             On page 5, line 3, after "taken." insert "The department shall notify appropriate public and private child care resource and referral agencies about nonreferral status or stop placement status electronically or by certified mail within twenty-four hours."


             On page 5, line 9, after "agencies" insert "by electronic communication or by certified mail within two business days"


             On page 5, line 11, after "agencies" insert "electronically or by certified mail within two business days


             On page 2, line 10, after "any" strike "pending"


             On page 2, line 10, after "action" insert "taken by the department"


             On page 2, line 14, after "reports" insert ", complaints,"


             On page 2, after line 36, insert the following:

             "(5) The requirements of this section shall not be construed to create a right to an administrative hearing under chapter 34.05 RCW or RCW 43.20A.205."


             On page 5, line 5, after "appropriate;" strike "(ii) a complaint is not founded or valid; or (iii)" and insert "or (ii)"


             On page 5, line 8, after "to" strike "the public and"


             On page 5, line 12, after "an" strike "enforcement" and insert "adverse licensing"


             On page 5, line 13, after "an" strike "enforcement" and insert "adverse licensing action or a protective"


             On page 5, line 13, after "taken" insert "or a civil penalty imposed,"


             On page 5, after line 15, insert "(7) Licensees who are the subject to department action pursuant to subsection (a) do not have a right to an administrative hearing under RCW 43.20A.205 or chapter 34.05 RCW unless the enforcement action taken by the department is an adverse licensing action or imposition of civil penalties."


             On page 5, line 15, after "within" strike "two" and insert "four"


             On page 9, line 6, after "action" strike "including removal of a child or" and insert "which results in removal of a child or child care provider, or which involves"


             On page 9, line 12, after "(7)" strike "Referent" and insert "Referrer"


             On page 9, after line 20, insert the following:

             "Sec. 7. RCW 43.20A.205 and 1997 c 58 § 841 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 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 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 an order from court stating that the licensee is in noncompliance with a residential or visitation order under *chapter 26.09 RCW, 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)) or actions taken by the department pursuant to section 2 of this act or RCW 74.15.130(5), 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."         Renumber remaining sections accordingly and correct the title.

 

Signed by Representatives Cooke, Chairman; Boldt, Vice Chairman; Bush, Vice Chairman; Tokuda, Ranking Minority Member; Kastama, Assistant Ranking Minority Member; Ballasiotes; Carrell; Dickerson; Gombosky; McDonald and Wolfe.


             Voting Yea: Representatives Cooke, Boldt, Bush, Tokuda, Kastama, Ballasiotes, Carrell, Dickerson, Gombosky, McDonald and Wolfe.


             Referred to Committee on Appropriations.


February 25, 1998

ESB 5695         Prime Sponsor, Senator Roach: Increasing sentences for crimes involving firearms. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Hickel; McCune; Mitchell; Radcliff and Sullivan.

 

MINORITY recommendation: Do not pass. Signed by Representative Dickerson.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Hickel, Mitchell and Sullivan.

             Voting Nay: Representative Dickerson.


             Passed to Rules Committee for second reading.


February 26, 1998

ESSB 5703       Prime Sponsor, Senate Committee on Agriculture & Environment: Concerning a water right for the beneficial use of water. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.


             On page 1, line 18, after "least" strike "one" and insert "three"


             On page 5, line 1, after "Sec. 6." strike "This section does" and insert "Sections 1 through 6 of this act do"


             On page 5, line 5, after "rights." strike "This section does" and insert "Sections 1 through 6 of this act do"

 

Signed by Representatives Chandler, Chairman; Schoesler, Vice Chairman; Linville, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Cooper; Delvin; Koster; Mastin and Sump.

 

MINORITY recommendation: Do not pass. Signed by Representative Regala.


             Voting Yea: Representatives Chandler, Schoesler, Linville, Anderson, Cooper, Delvin, Koster and Sump.

             Voting Nay: Representative Regala.

             Excused: Representatives Parlette and Mastin.


             Referred to Committee on Appropriations.


February 25, 1998

ESSB 5760       Prime Sponsor, Senate Committee on Human Services & Corrections: Authorizing courts to order evaluation and treatment of mentally ill offenders. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


             On page 18, line 26, after "supervision." insert "During any period of inpatient mental health treatment that falls within the period of community placement or community supervision, the inpatient treatment provider and the supervising community corrections officer shall notify each other about the offender's discharge, release, and legal status, and shall share other relevant information."

 

Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.


             Referred to Committee on Appropriations.


February 27, 1998

ESSB 5769       Prime Sponsor, Senate Committee on Law & Justice: Concerning the theft of beverage crates and merchandise pallets. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


             On page 5, beginning on line 12, strike everything through "misdemeanor." on line 19, and insert the following:

             "(1) A person is guilty of possessing stolen property in the third degree if he or she possesses (a) stolen property which does not exceed two hundred fifty dollars in value, or (b) ten or more stolen merchandise pallets, or ten or more stolen beverage crates, or a combination of ten or more stolen merchandise pallets and beverage crates.

             (2) Possessing stolen property in the third degree is a gross misdemeanor."


             On page 6, beginning on line 6, strike everything through "misdemeanor." on line 12, and insert the following:

             "(1) A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed two hundred and fifty dollars in value, or (b) includes ten or more merchandise pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and beverage crates.

             (2) Theft in the third degree is a gross misdemeanor."

 

Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.


             Passed to Rules Committee for second reading.


February 25, 1998

ESSB 5936       Prime Sponsor, Senate Committee on Human Services & Corrections: Requiring a report on alternatives for increasing offender access to postsecondary academic and vocational opportunities. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Assistant Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.


             Referred to Rules Committee.


February 27, 1998

SSB 6114          Prime Sponsor, Senate Committee on Natural Resources & Park: Preventing the spread of zebra mussel and European green crab. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.


             Voting Yea: Representatives Buck, Sump, Regala, Butler, Anderson, Chandler, Eickmeyer, Hatfield, and Pennington.

             Excused: Representatives Thompson and Alexander.


             Passed to Committee on Appropriations.


February 27, 1998

ESSB 6117       Prime Sponsor, Senate Committee on Ways & Means: Creating a salmon license buyback program. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that recovery plans for salmon stocks listed as threatened or endangered under the federal endangered species act will require large scale restrictions, or complete fishing closures, for the commercial and charter boat fishery. To ensure that Canadian fishers continue to honor current restrictions on intercepting Washington coho and chinook as provided in annexes under the Pacific salmon treaty between the United States and Canada, it is essential that nontribal fishers from Washington reduce their harvest of Fraser river sockeye to below their full allocation as allowed under U.S. v. Washington, 384 F. Supp. 31 (1974). In addition, in order to successfully conclude negotiations on a new Pacific salmon treaty, it is essential to demonstrate the state's resolve in reducing harvests. This reduction of fishers depends upon federal funding and the implementation of a program to permanently retire a number of commercial salmon fishing licenses in Washington to a level commensurate with proposed harvest reductions.

             It is the intent of the legislature to provide a source of funds to compensate commercial fishers and charter boat licensees for the loss of their livelihood by purchasing the commercial salmon fisher's license or charter boat license. Federal funds appropriated for the purchase of such licenses may only be available to the state of Washington if the state provides a matching share.


             NEW SECTION. Sec. 2. A new section is added to chapter 75.44 RCW to read as follows:

             The department, in consultation with representatives of commercial salmon license holders, shall develop a program of license purchase from persons holding a valid license under RCW 75.30.120. The objective of this program is to achieve the greatest license reduction at the lowest cost and in a minimum amount of time. In addition, priority for license purchase shall be based upon participation in and economic dependence on salmon fisheries harvested by commercial fleets from Canada or the United States.           The department may purchase charter boat licenses from owners that hold valid charter boat licenses under RCW 75.30.065.

             Purchase of the licenses is authorized only under the condition that the license is purchased for a one time price and that the license is permanently canceled and removed from the fishery. The department is not authorized to purchase vessels, fishing gear, or salmon delivery licenses. Charter boat licensees who participate in the license buyback program shall not be eligible to transfer all or a part of angler permits issued under RCW 75.30.070.

             The department shall not exceed a state-funded share of twenty-five percent for each license purchased under the buyback program.


             Sec. 3. RCW 75.44.140 and 1995 c 269 s 3201 are each amended to read as follows:

             The director shall adopt rules for the administration of the program. ((To assist the department in the administration of the program, the director may contract with persons not employed by the state and may enlist the aid of other state agencies.))


             Sec. 4. RCW 75.44.150 and 1983 1st ex.s. c 46 s 160 are each amended to read as follows:

             The director is responsible for the administration and disbursement of all funds((, goods, commodities, and services)) received by the state under the program.

             There is created within the state treasury a fund to be known as the "((vessel, gear, license, and permit)) salmon commercial fishing license and charter boat reduction fund". This fund shall be used for purchases under ((RCW 75.44.110)) section 2 of this act and for the administration of the program. This fund shall be credited with federal or other funds received to carry out the purposes of the program ((and the proceeds from the sale or other disposition of property purchased under RCW 75.44.110)).


             NEW SECTION. Sec. 5. The following acts or parts of acts are each repealed:

                                       (1)        RCW 75.44.100 and 1985 c 7 s 150, 1983 1st ex.s. c 46 s 155, 1977 ex.s. c 230 s 3, & 1975 1st ex.s. c 183 s 3;

                                       (2)        RCW 75.44.110 and 1984 c 67 s 1, 1983 1st ex.s. c 46 s 156, 1979 ex.s. c 43 s 1, 1977 ex.s. c 230 s 4, & 1975 1st ex.s. c 183 s 4;

                                       (3)        RCW 75.44.120 and 1983 1st ex.s. c 46 s 157 & 1975 1st ex.s. c 183 s 5; and

                                       (4)        RCW 75.44.130 and 1983 1st ex.s. c 46 s 158, 1979 ex.s. c 43 s 2, & 1975 1st ex.s. c 183 s 6.


             NEW SECTION. Sec. 6. 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."

 

Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Eickmeyer; Hatfield and Pennington.

 

MINORITY recommendation: Without recommendation. Signed by Representative Chandler.


             Voting Yea: Representatives Buck, Sump, Regala, Butler, Alexander, Anderson, Eickmeyer, Hatfield, and Pennington.

             Voting Nay: Representative Chandler.

             Excuses: Representative Thompson.


             Referred to Committee on Appropriations.


February 27, 1998

SSB 6119          Prime Sponsor, Senate Committee on Government Operations: Concerning the assumption of a water-sewer district by a municipality. Reported by Committee on Government Administration

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 35.13A.010 and 1971 ex.s. c 95 s 1 are each amended to read as follows:

             Whenever used in this chapter, the following words shall have the following meanings:

             (1) The words "district," "water district," and "sewer district" shall mean a ((water district or sewer district as indicated by the context of the section in which used)) "water-sewer district" as that term is used in Title 57 RCW.

             (2) The word "city" shall mean a city or town of any class and shall also include any code city as defined in chapter 35A.01 RCW.

             (3) ((The words "included with" shall mean the inclusion of all or part of the territory of a district, as indicated by the context, within the corporate limits of a city either by incorporation of a city, annexation to a city, consolidation of cities or any combination thereof.

             (4))) The word "indebtedness" shall include general obligation, revenue, and special indebtedness and temporary, emergency, and interim loans.


             Sec. 2. RCW 35.13A.020 and 1971 ex.s. c 95 s 2 are each amended to read as follows:

             (1) Whenever all of the territory of a water ((district or))-sewer district is included within the corporate boundaries of a city, ((and)) the city legislative body ((has elected by)) may adopt a resolution or ordinance to assume jurisdiction ((thereof)) over all of the district.

             (2) Upon the assumption, all real and personal property, franchises, rights, assets, taxes levied but not collected for the district for other than indebtedness, water ((and)), sewer ((lines)), and drainage facilities, and all other facilities and equipment of the district shall become the property of ((such)) the city subject to all financial, statutory, or contractual obligations of the district for the security or performance of which ((such)) the property may have been pledged. ((Such)) The city, in addition to its other powers, shall have the power to manage, control, maintain, and operate ((such)) the property, facilities and equipment and to fix and collect service and other charges from owners and occupants of properties so served by the city, subject, however, to any outstanding indebtedness, bonded or otherwise, of the district payable from taxes, assessments, or revenues of any kind or nature and to any other contractual obligations of the district.

             ((Such)) (3) The city may by resolution or ordinance of its legislative body, assume the obligation of paying such district indebtedness and of levying and of collecting or causing to be collected ((such)) the district taxes, assessments, and utility rates and charges of any kind or nature to pay and secure the payment of ((such)) the indebtedness, according to all of the terms, conditions and covenants incident to ((such)) the indebtedness, and shall assume and perform all other outstanding contractual obligation of the district in accordance with all of ((its)) their terms, conditions, and covenants. ((No such)) An assumption shall not be deemed to impair the obligation of any indebtedness or other contractual obligation ((entered into after August 9, 1971)). During the period until the outstanding indebtedness of the district has been discharged, the territory of the district and the owners and occupants of property therein, shall continue to be liable for its and their proportionate share of ((such)) the indebtedness, including any outstanding assessments levied within any local improvement district or utility local improvement district thereof. The city shall assume the obligation of causing the payment of ((such)) the district's indebtedness, collecting ((such)) the district's taxes, assessments, and charges, and observing and performing the other district contractual obligations. The legislative body of the city shall act as the officers of the district for the purpose of certifying the amount of any property tax to be levied and collected therein, and causing service and other charges and assessments to be collected from ((such)) the property or owners or occupants thereof, enforcing ((such)) the collection and performing all other acts necessary to ((insure)) ensure performance of the district's contractual obligations in the same manner and by the same means as if the territory of the district had not been included within the boundaries of a city.

             When a city assumes the obligation of paying the outstanding indebtedness, and if property taxes or assessments have been levied and service and other charges have accrued for ((such)) this purpose but have not been collected by the district prior to ((such election)) the assumption, the same when collected shall belong and be paid to the city and be used by ((such)) the city so far as necessary for payment of the indebtedness of the district existing and unpaid on the date ((such)) the city ((elects to)) assumes the indebtedness. Any funds received by the city which have been collected for the purpose of paying any bonded or other indebtedness of the district, shall be used for the purpose for which they were collected and for no other purpose. Any outstanding indebtedness shall be paid as provided in the ((bond)) terms, conditions, and covenants of the indebtedness. All funds of the district on deposit with the county treasurer at the time of title transfer shall be used by the city solely for the benefit of the assumed utility and shall not be transferred to or used for the benefit of the city's general fund.


             NEW SECTION. Sec. 3. During the period commencing with the effective date of this act and running through July 1, 1999, a city may not assume jurisdiction of all or a portion of a water-sewer district under RCW 35.13A.030 or 35.13A.040, unless voters of the entire water-sewer district approve a ballot proposition authorizing the assumption, and during the same period a water-sewer district may not:

             (1) Merge or consolidate with another water-sewer district; or

             (2) Take any action that would establish different contractual obligations, requirements for retiring indebtedness, authority to issue debt in parity with the district's existing outstanding indebtedness, rates of compensation, or terms of employment contracts, if a city assumes jurisdiction of all or a portion of the district.


             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 takes effect immediately."


             On page 1, line 2 of the title, after "district;" strike the remainder of the title and insert "amending RCW 35.13A.010 and 35.13A.020; creating a new section; and declaring an emergency."

 

Signed by Representatives D. Schmidt, Chairman; D. Sommers, Vice Chairman; Scott, Ranking Minority Member; Doumit; Reams; Smith; L. Thomas and Wensman.

 

MINORITY recommendation: Do not pass. Signed by Representatives Gardner, Assistant Ranking Minority Member; Dunn; Dunshee; Murray and Wolfe.


             Voting Yea: Representatives D. Schmidt, D. Sommers, Scott, Doumit, Reams, Smith, L. Thomas and Wensman.

             Voting Nay: Representatives Dunn, Dunshee, Murray and Wolfe.

             Excused: Representative Gardner.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6130          Prime Sponsor, Senate Committee on Agriculture & Environment: Regulating underground storage tanks. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Agriculture & Ecology.


             On page 6, line 26, after "to" strike "July 1" and insert "June 30"


             On page 6, line 35, after "to" strike "July 1st" and insert "June 30th"

 

Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.


             Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6131            Prime Sponsor, Senator Oke: Regulating sanitary control of shellfish. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Buck, Chairman; Thompson; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Hatfield and Pennington.

 

MINORITY recommendation: Do not pass. Signed by Representatives Sump, Vice Chairman; Chandler and Eickmeyer.


             Voting Yea: Representatives Buck, Regala, Butler, Alexander, Anderson, Hatfield, and Pennington.

             Voting Nay: Representatives Sump, Chandler and Eickmeyer.

             Excused: Representative Thompson.


             Passed to Rules Committee for second reading.


February 27, 1998

ESB 6139         Prime Sponsor, Senator Oke: Increasing penalties for manufacture and delivery of amphetamine. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.


             Referred to Committee on Appropriations.


February 26, 1998

ESB 6142         Prime Sponsor, Senator Kline: Imposing administrative license suspensions on first-time DUI offenders. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass as amended.


             On page 11, after line 2, add the following:

             "NEW SECTION. Sec. 5. This act takes effect January 1, 1999."


             Correct the title.

 

Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Carrell; Cody; Lambert; Lantz; Mulliken; Robertson and Sherstad.

 

MINORITY recommendation: Do not pass. Signed by Representatives Constantine, Assistant Ranking Minority Member; and Kenney.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Carrell, Cody, Lambert, Lantz, Mulliken, Robertson and Sherstad.

             Voting Nay: Representatives Constantine and Kenney.


             Referred to Committee on Appropriations.


February 26, 1998

SB 6144            Prime Sponsor, Senator Schow: Recovering industrial insurance benefit payments. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Chairman; Honeyford, Vice Chairman; Conway, Ranking Minority Member; Wood, Assistant Ranking Minority Member; Boldt; Clements; Hatfield and Lisk.


             Voting Yea: Representatives McMorris, Honeyford, Conway, Wood, Boldt, Clements, Hatfield and Lisk.

             Excused: Representative Cole.


             Passed to Rules Committee for second reading.


February 27, 1998

SB 6149            Prime Sponsor, Senator Swecker: Requiring the regional fisheries enhancement group advisory board to make recommendations on certain fiscal matters. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.


             Voting Yea: Representatives Buck, Sump, Regala, Butler, Alexander, Anderson, Chandler, Eickmeyer, Hatfield, and Pennington.

             Excused: Representative Thompson.


             Passed to Rules Committee for second reading.


February 27, 1998

SSB 6150          Prime Sponsor, Senate Committee on Natural Resources & Park: Requiring recommendations concerning selective fishing strategies. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler and Eickmeyer.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Hatfield and Pennington.


             Voting Yea: Representatives Buck, Sump, Thompson, Regala, Butler, Alexander, Anderson, Chandler and Eickmeyer.

             Voting Nay: Representatives Hatfield, and Pennington.


             Passed to Rules Committee for second reading.


February 27, 1998

ESSB 6152       Prime Sponsor, Senate Committee on Ways & Means: Managing state park lands. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass amended.


             Beginning on page 3, line 3, strike all of section 3


             Correct the title.

 

Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.


             Voting Yea: Representatives Buck, Sump, Regala, Butler, Alexander, Anderson, Chandler, Eickmeyer, Hatfield, and Pennington.

             Excused: Representative Thompson.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6153          Prime Sponsor, Senate Committee on Law & Justice: Revising procedures for bringing actions for the injury or death of a child. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6155            Prime Sponsor, Senator Roach: Revising supervision of municipal court probation services. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.

             Excused: Representative Cody.


             Passed to Rules Committee for second reading.


February 27, 1998

2SSB 6156        Prime Sponsor, Senate Committee on Ways & Means: Studying methods for calculating water-dependent lease rates on state-owned aquatic lands. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.


             Voting Yea: Representatives Buck, Sump, Regala, Butler, Alexander, Anderson, Chandler, Eickmeyer, Hatfield, and Pennington.

             Excused: Representative Thompson.


             Referred to Committee on Appropriations.


February 26, 1998

SSB 6161          Prime Sponsor, Senate Committee on Agriculture & Environment: Creating a dairy nutrient management program. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 90.64.005 and 1993 c 221 s 1 are each amended to read as follows:

             The legislature finds that there is a need to establish a clear and understandable process that provides for the proper and effective management of dairy ((waste)) nutrients that affect((s)) the quality of surface or ground waters in the state of Washington. The legislature finds that there is a need for a program that will provide a stable and predictable business climate upon which dairy farms may base future investment decisions.

             The legislature finds that federal regulations require a permit program for dairies (([with])) with over seven hundred head of mature cows and, other specified dairy farms that directly discharge into waters or are otherwise significant contributors of pollution. The legislature finds that significant work has been ongoing over a period of time and that the intent of this chapter is to take the consensus that has been developed and place it into statutory form.

             It is also the intent of this chapter to establish an inspection and technical assistance program for dairy farms to address the discharge of pollution to surface and ground waters of the state that will lead to water quality compliance by the industry. A further purpose is to create a balanced program involving technical assistance, regulation, and enforcement with coordination and oversight of the program by a committee composed of industry, agency, and other representatives. Furthermore, it is the objective of this chapter to maintain the administration of the water quality program as it relates to dairy operations at the state level.

             It is also the intent of this chapter to recognize the existing working relationships between conservation districts, the conservation commission, and the department of ecology in protecting water quality of the state. A further purpose of this chapter is to provide statutory recognition of the coordination of the functions of conservation districts, the conservation commission, and the department of ecology pertaining to development of dairy waste management plans for the protection of water quality.


             Sec. 2. RCW 90.64.010 and 1993 c 221 s 2 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Advisory and oversight committee" means a balanced committee of agency, dairy farm, and interest group representatives convened to provide oversight and direction to the dairy nutrient management program.

             (2) "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility.

             (3) "Catastrophic" means a tornado, hurricane, earthquake, flood, or other extreme condition that causes an overflow from a required waste retention structure.

             (4) "Certification" means:

             (a) The acknowledgment by a local conservation district that a dairy producer has constructed or otherwise put in place the elements necessary to implement his or her dairy nutrient management plan; and

             (b) The acknowledgment by a dairy producer that he or she is managing dairy nutrients as specified in his or her approved dairy nutrient management plan.

             (5) "Chronic" means a series of wet weather events that precludes the proper operation of a dairy nutrient management system that is designed for the current herd size.

             (6) "Conservation commission" or "commission" means the conservation commission under chapter 89.08 RCW.

             (((2))) (7) "Conservation districts" or "district" means a subdivision of state government organized under chapter 89.08 RCW.

             (((3))) (8) "Concentrated dairy animal feeding operation" means a dairy animal feeding operation subject to regulation under this chapter which the director designates under RCW ((90.64.030)) 90.64.020 or meets the following criteria:

             (a) Has more than seven hundred mature dairy cows, whether milked or dry cows, that are confined; or

             (b) Has more than two hundred head of mature dairy cattle, whether milked or dry cows, that are confined and either:

             (i) From which pollutants are discharged into navigable waters through a manmade ditch, flushing system, or other similar manmade device; or

             (ii) From which pollutants are discharged directly into surface or ground waters of the state that originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.

             (((4))) (9) "Dairy animal feeding operation" means a lot or facility where the following conditions are met:

             (a) Dairy animals that have been, are, or will be stabled or confined and fed for a total of forty-five days or more in any twelve-month period; and

             (b) Crops, vegetation forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more dairy animal feeding operations under common ownership are considered, for the purposes of this chapter, to be a single dairy animal feeding operation if they adjoin each other or if they use a common area for land application of wastes.

             (((5))) (10) "Dairy farm" means any farm that is licensed to produce milk under chapter 15.36 RCW.

             (11) "Dairy nutrient" means any organic waste produced by dairy cows or a dairy farm operation.

             (12) "Dairy nutrient management plan" means a plan meeting the requirements established under section 6 of this act.

             (13) "Dairy nutrient management technical assistance team" means one or more professional engineers and local conservation district employees convened to serve one of up to four distinct geographic areas in the state.

             (14) "Dairy producer" means a person who owns or operates a dairy farm.

             (15) "Department" means the department of ecology under chapter 43.21A RCW.

             (((6))) (16) "Director" means the director of the department of ecology, or his or her designee.

             (17) "Upset" means an exceptional incident in which there is an unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the dairy. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

             (18) "Violation" means the following acts or omissions:

             (a) A discharge of pollutants into the waters of the state, except those discharges that occur when:

             (i) A dairy producer has a current national pollutant discharge elimination system permit with a wastewater system designed, operated, and maintained for the current herd size and that contains all process-generated wastewater plus average annual precipitation minus evaporation plus contaminated storm water runoff from a twenty-five year, twenty-four hour rainfall event for that specific location, and the discharge is due to a chronic or catastrophic event, or to an upset as provided in 40 C.F.R. Sec. 122.41, or to a bypass as provided in 40 C.F.R. Sec. 122.41; or

             (ii) The dairy producer has complied with the national pollutant discharge elimination system permit conditions or all of the elements, including appropriate land application practices, of a dairy nutrient management plan that prevents the discharge of pollutants to waters of the state, that is commensurate with the dairy producer's current herd size, and that is approved under section 6 of this act;

             (b) Failure to register as required under section 3 of this act; or

             (c) The lack of an approved dairy nutrient management plan by July 1, 2002; or

             (d) The lack of a certified dairy nutrient management plan for a dairy farm after December 31, 2003.


             NEW SECTION. Sec. 3. (1) Every dairy producer licensed under chapter 15.36 RCW shall register with the department by September 1, 1998, and shall reregister with the department by September 1st of every even-numbered year. Every dairy producer licensed after September 1, 1998, shall register with the department within sixty days of licensing. The purpose of registration is to provide and update baseline information for the dairy nutrient management program.

             (2) To facilitate registration, the department shall obtain from the food safety and animal health division of the department of agriculture a current list of all licensed dairy producers in the state and mail a registration form to each licensed dairy producer no later than July 15, 1998.

             (3) At a minimum, the form shall require the following information as of the date the form is completed:

             (a) The name and address of the operator of the dairy farm;

             (b) The name and address of the dairy farm;

             (c) The telephone number of the dairy farm;

             (d) The number of cows in the dairy farm;

             (e) The number of young stock in the dairy farm;

             (f) The number of acres owned and rented in the dairy farm;

             (g) Whether the dairy producer, to the best of his or her knowledge, has a plan for managing dairy nutrient discharges that is commensurate with the size of his or her herd, and whether the plan is being fully implemented; and

             (h) If the fields where dairy nutrients are being applied belong to someone other than the dairy producer whose farm operation generated the nutrients, the name, address, and telephone number of the owners of the property accepting the dairy nutrients.

             (4) In the mailing to dairy producers containing the registration form, the department shall also provide clear and comprehensive information regarding the requirements of this chapter.

             (5) The department shall require the registrant to provide only information that is not already available from other sources accessible to the department, such as dairy licensing information.


             NEW SECTION. Sec. 4. Before October 1, 1998, the department and conservation commission shall jointly sponsor and hold an educational workshop for conservation districts from around the state. The purpose of the workshop is to inform local conservation districts about the requirements of this chapter, and for local conservation districts, the conservation commission, and the department to clearly understand their respective roles and responsibilities in carrying out these requirements.


             NEW SECTION. Sec. 5. (1) By October 1, 1998, the department shall initiate an inspection program of all dairy farms in the state. The purpose of the inspections is to:

             (a) Survey for evidence of violations;

             (b) Identify corrective actions for actual or imminent discharges that violate or could violate the state's water quality standards;

             (c) Monitor the development and implementation of dairy nutrient management plans; and

             (d) Identify dairy producers who would benefit from technical assistance programs.

             (2) Local conservation district employees may, at their discretion, accompany department inspectors on any scheduled inspection of dairy farms except random, unannounced inspections.

             (3) Follow-up inspections shall be conducted by the department to ensure that corrective and other actions as identified in the course of initial inspections are being carried out. The department shall also conduct such additional inspections as are necessary to ensure compliance with state and federal water quality requirements, provided that all licensed dairy farms shall be inspected once within two years of the start of this program. The department, in consultation with the advisory and oversight committee established in section 8 of this act, shall develop performance-based criteria to determine the frequency of inspections.

             (4) Dairy farms shall be prioritized for inspection based on the development of criteria that include, but are not limited to, the following factors:

             (a) Existence or implementation of a dairy nutrient management plan;

             (b) Proximity to impaired waters of the state; and

             (c) Proximity to all other waters of the state. The criteria developed to implement this subsection (4) shall be reviewed by the advisory and oversight committee.


             NEW SECTION. Sec. 6. (1) Except for those producers who already have a certified dairy nutrient management plan as required under the terms and conditions of an individual or general national pollutant discharge elimination system permit, all dairy producers licensed under chapter 15.36 RCW, regardless of size, shall prepare a dairy nutrient management plan. If at any time a dairy nutrient management plan fails to prevent the discharge of pollutants to waters of the state, it shall be required to be updated.

             (2) By January 1, 1999, the conservation commission, in conjunction with the advisory and oversight committee shall develop a document clearly describing the elements that a dairy nutrient management plan must contain to gain local conservation district approval.

             (3) In developing the elements that an approved dairy nutrient management plan must contain, the commission may authorize the use of methods and technologies other than those developed by the natural resources conservation service. Such methods and technologies shall meet the standards and specifications of:

             (a) The natural resources conservation service as modified by the geographically based standards developed under section 10 of this act; or

             (b) A professional engineer with expertise in the area of dairy nutrient management, if the use of any of the standards developed under this subsection (3) would not cause a violation of water quality standards.

             (4) In evaluating alternative technologies and methods, the principal objectives of the committee's evaluation shall be determining:

             (a) Whether there is a substantial likelihood that, once implemented, the alternative technologies and methods would not violate water quality requirements;

             (b) Whether more cost-effective methods can be successfully implemented in some or all categories of dairy operations; and

             (c) Whether the technologies and methods approved or provided by the natural resources conservation service for use by confined animal feeding operations are necessarily required for other categories of dairy operations.

             In addition, the committee shall encourage the conservation commission and the conservation districts to apply in dairy nutrient management plans technologies and methods that are appropriate to the needs of the specific type of operation and the specific farm site and to avoid imposing requirements that are not necessary for the specific dairy producer to achieve compliance with water quality requirements.

             (5) Such plans shall be submitted for approval to the local conservation district where the dairy farm is located, and shall be approved by conservation districts no later than by July 1, 2002. The conservation commission, in conjunction with conservation districts, shall develop a state-wide schedule of plan development and approval to ensure adequate resources are available to have all plans approved by July 1, 2002.

             (6) If a plan meets the requirements identified in subsection (2) of this section, a conservation district shall approve the plan no later than ninety days after receiving the plan. If the plan does not meet the requirements identified in subsection (2) of this section, the local conservation district shall notify the dairy producer in writing of modifications needed in the plan no later than ninety days after receiving the plan. The dairy producer shall provide a revised plan that includes the needed modifications within ninety days of the date of the local conservation district notification. If the dairy producer does not agree with, or otherwise takes exception to, the modifications requested by the local conservation district, the dairy producer may initiate the appeals process described in section 7 of this act within thirty days of receiving the letter of notification.

             (7) An approved plan shall be certified by a conservation district and a dairy producer when the elements necessary to implement the plan have been constructed or otherwise put in place, and are being used as designed and intended. A certification form shall be developed by the conservation commission for use state-wide and shall provide for a signature by both a conservation district representative and a dairy producer. Certification forms shall be signed by December 31, 2003, and a copy provided to the department for recording in the data base established in section 9 of this act.


             NEW SECTION. Sec. 7. (1) Conservation district decisions pertaining to denial of approval or denial of certification of a dairy nutrient management plan; modification or amendment of a plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and the failure to adhere to plan review and approval timelines identified in section 6 of this act are appealable under this chapter. Department actions pertaining to water quality violations are appealable under chapter 90.48 RCW.

             In addition, a dairy producer who is constrained from complying with the planning requirements of this chapter because of financial hardship or local permitting delays may request a hearing before the conservation commission and may request an extension of up to one year beyond the approval and certification dates prescribed in this chapter for plan approval and certification.

             (2) Within thirty days of receiving a local conservation district notification regarding any of the decisions identified in subsection (1) of this section, a dairy producer who disagrees with any of these decisions may request an informal hearing before the conservation commission or may appeal directly to the pollution control hearings board. The commission shall issue a written decision no later than thirty days after the informal hearing.

             (3) If the conservation commission upholds the decision of the local conservation district at the informal hearing, the decision of the local conservation district may be appealed to the pollution control hearings board according to the procedure in chapter 43.21B RCW within thirty days of receipt of the commission's decision.

             (4) When an appeals process is initiated under this section, the length of time extending from the start of the appeals process to its conclusion shall be added onto the timelines provided in this chapter for plan development, approval, and certification only if an appeal is heard by the pollution control hearings board.


             NEW SECTION. Sec. 8. (1) A dairy nutrient management program advisory and oversight committee is established. The committee shall be cochaired by the executive director of the conservation commission and a dairy industry representative. The purpose of the committee is to provide direction to and oversight of the dairy nutrient management inspection program, as well as to encourage the use of appropriate alternative technologies and methods for managing dairy nutrients.

             (2) The committee shall include no less than eleven, and no more than thirteen members, including one representative from the department, one representative of the dairy industry from each of up to four geographic areas as referenced in section 10 of this act, one representative from the conservation commission, two representatives from local conservation districts, one representative from a local health department, one representative of an environmental organization, and one representative from the shellfish industry. In addition, the natural resources conservation service and the federal environmental protection agency shall each be invited to appoint a representative to the committee.

             (3) The conservation commission shall contact agencies and organizations representing the interests identified in subsection (2) of this section and request that they notify their employees and membership of the opportunity to serve on the advisory and oversight committee. The commission shall also extend invitations to the two persons representing the natural resources conservation service and the federal environmental protection agency. An association representing the dairy industry shall solicit interest broadly from both within and outside of the association. Persons interested in serving on the advisory and oversight committee shall submit their names to the conservation commission no later than May 1, 1998. By June 1, 1998, the commission shall appoint the required number of members from the nominations received.

             (4) Commission members shall be compensated according to the provisions for part-time boards established in RCW 43.03.250.

             (5) The committee shall perform the following functions:

             (a) Meet at least four times per calendar year;

             (b) Maintain meeting minutes and account for the resolution of issues jointly identified by the committee chairs as needing to be addressed;

             (c) Review the development of the data base, the quarterly data base summary, and the annual report provided by the department under section 9 of this act and RCW 90.64.050;

             (d) Act as a forum to hear suggestions from any interested parties, including dairy farmers, regarding implementation of the dairy nutrient management program;

             (e) Review and recommend standardized dairy farm inspection procedures, prioritization criteria, and frequencies and a reporting format to be used by the department;

             (f) Assist the department and the conservation commission in developing reports to the legislature as required in section 18 of this act; and 

             (g) Review and recommend dairy nutrient management technologies and methods other than those approved or provided by the natural resources conservation service for use as components of nutrient management plans under this chapter.


             NEW SECTION. Sec. 9. (1) By October 1, 1998, the department, in consultation with the advisory and oversight committee, shall develop and maintain a data base to account for the implementation of this chapter.

             (2) The data base shall track registrations; inspection dates and results, including findings of violations; regulatory and enforcement actions; and the status of dairy nutrient management plans. In addition, the number of dairy farm inspections by inspector shall be tallied by month. A summary of data base information shall be provided quarterly to the advisory and oversight committee.

             (3) Any information entered into the data base by the department about any aspect of a particular dairy operation may be reviewed by the affected dairy producer upon request. The department shall correct any information in the data base upon a showing that the information is faulty or inaccurate. Complaints that have been filed with the department and determined to be unfounded, invalid, or without merit shall not be recorded in the data base. Appeals of decisions related to dairy nutrient management plans to the pollution control hearings board or to any court shall be recorded, as well as the decisions of those bodies.


             NEW SECTION. Sec. 10. (1) The conservation commission shall establish up to four dairy nutrient management technical assistance teams by June 1, 1998. The teams shall be geographically located throughout the state. Each team shall consist of one or more professional engineers, local conservation district employees, and dairy nutrient management experts from the Washington State University cooperative extension. The purpose of the teams is to:

             (a) Actively develop and promote new cost-effective approaches for managing dairy nutrients; and

             (b) Assist dairy farms in developing dairy nutrient management plans.

             The ability of dairy producers to comply with the planning requirements of this chapter is acknowledged, in many cases, to depend upon the availability of federal and state funding to support technical assistance provided by local conservation districts. Dairy producers shall not be held responsible for noncompliance with the planning requirements of this chapter if conservation districts are unable to perform their duties under this chapter because of insufficient funding.

             (2) By November 1, 1998, each team shall develop one or more initial sets of standards and specifications to assist dairy producers in developing and implementing dairy nutrient management plans. Standards and specifications developed by a technical assistance team shall be appropriate to the soils and other conditions within that geographic area and shall be reviewed by the advisory and oversight committee.


             Sec. 11. RCW 90.64.030 and 1993 c 221 s 4 are each amended to read as follows:

             ((Upon receiving a complaint or upon its own determination that a dairy animal feeding operation is a likely source of water quality degradation,)) (1) Under the inspection program established in section 5 of this act, the department may investigate a dairy ((animal feeding operation)) farm to determine whether the operation is discharging ((directly)) pollutants or ((recently)) has ((discharged directly)) a record of discharging pollutants into surface or ground waters of the state. Upon concluding an investigation, the department shall make a written report of its findings, including the results of any water quality measurements, photographs, or other pertinent information, and provide a copy of the report to the dairy producer within twenty days of the investigation.

             (2) The department shall investigate a written complaint filed with the department within ((ten)) three working days and shall make a written report of its findings including the results of any water quality measurements, photographs, or other pertinent information. A copy of the findings shall be provided ((upon request)) to the dairy ((animal feeding operation)) producer subject to the complaint within twenty days. Only findings of violations shall be entered into the data base identified in section 9 of this act.

             ((Those dairy animal feeding operations that are)) (3) A dairy farm that is determined to be a significant contributor of pollution based on actual water quality tests, photographs, or other pertinent information ((if immediate corrective actions are not possible, shall be designated as a concentrated dairy animal feeding operation and shall be)) is subject to the provisions of this chapter and to the enforcement provisions of chapters 43.05 and 90.48 RCW, including civil penalties levied under RCW 90.48.144.

             (4) For a violation of water quality laws that is a first offense for a dairy producer, the penalty may be waived to allow the producer to come into compliance with water quality laws. The department shall record all legitimate violations and subsequent enforcement actions.

             (5) A discharge, including a storm water discharge, to surface waters of the state shall not be considered a violation of this chapter, chapter 90.48 RCW, or chapter 173-201A WAC, and shall therefore not be enforceable by the department of ecology or a third party, if at the time of the discharge, the conditions in RCW 90.64.010(18) are met. In addition, a dairy producer shall not be held liable for violations of this chapter, chapter 90.48 RCW, chapter 173-201A WAC, or the federal clean water act due to the discharge of dairy nutrients to waters of the state resulting from spreading these materials on lands other than where the nutrients were generated, when the nutrients are spread by persons other than the dairy producer or the dairy producer's agent.

             (6) Agricultural activities associated with the management of dairy nutrients are presumed to be reasonable and shall not be found to constitute a nuisance unless the activity has a substantial adverse effect on public health and safety.

             (7) This section specifically acknowledges that if a holder of a general or individual national pollutant discharge elimination system permit complies with the permit and the dairy nutrient management plan conditions for appropriate land application practices, the permit provides compliance with the federal clean water act and acts as a shield against citizen or agency enforcement for any additions of pollutants to waters of the state or of the United States as authorized by the permit.

             (8) A dairy producer who fails to have an approved dairy nutrient management plan by July 1, 2002, or a certified dairy nutrient management plan by December 31, 2003, and for which no appeals have been filed with the pollution control hearings board, is in violation of this chapter. Each month beyond these deadlines that a dairy producer is out of compliance with the requirement for either plan approval or plan certification shall be considered separate violations of chapter 90.64 RCW that may be subject to penalties. Such penalties may not exceed one hundred dollars per month for each violation up to a combined total of five thousand dollars. Failure to register as required in section 3 of this act shall subject a dairy producer to a maximum penalty of one hundred dollars. Penalties shall be levied by the department upon request of the conservation commission.


             Sec. 12. RCW 90.64.050 and 1993 c 221 s 6 are each amended to read as follows:

             (1) The department has the following duties:

             (a) Identify existing or potential water quality problems resulting from dairy farms through implementation of the inspection program in section 5 of this act;

             (b) Inspect a dairy farm upon the request of a dairy producer;

             (c) Receive, process, and verify complaints concerning discharge of pollutants from all dairy farms ((regardless of size));

             (((c))) (d) Determine if a dairy-related water quality problem requires immediate corrective action under the Washington state water pollution control laws, chapter 90.48 RCW, or the Washington state water quality standards adopted under chapter 90.48 RCW((, or other authorities)). The department shall maintain the lead enforcement responsibility;

             (((d))) (e) Administer and enforce national pollutant((s)) discharge elimination system permits for operators of concentrated dairy animal feeding operations, where required by federal regulations((,)) and ((administer)) state laws or upon request of a dairy producer;

             (((e) Appoint representatives, including dairy industry representatives, to participate in the compliance review committee that will annually review and update policy and disseminate information as needed;))

             (f) Participate on the advisory and oversight committee;

             (g) Encourage communication and cooperation between local department personnel and the appropriate conservation district personnel;

             (((g) Encourage)) (h) Require the use of ((federal soil conservation service standards and specifications in designing best management practices for)) dairy ((waste)) nutrient management plans ((to protect water quality)) as required in sections 6, 8, and 10 of this act for entities required to plan under this chapter; and

             (((h))) (i) Provide to the commission and the advisory and oversight committee an annual report of dairy ((waste pollution)) nutrient management planning, inspection, and enforcement activities.

             (2) The department may not delegate its responsibilities in enforcement.


             Sec. 13. RCW 90.64.060 and 1993 c 221 s 7 are each amended to read as follows:

             (((1) If the department determines that the operator of a dairy animal feeding operation has the means to correct a water quality problem in a manner that will prevent future contamination and does so promptly and such correction is maintained, the department shall cease pursuit of the complaint.

             (2))) If the department determines that an unresolved water quality problem from a dairy ((animal feeding operation)) farm requires immediate corrective action, the department shall notify the ((operator)) producer and the district in which the problem is located. When corrective actions are required to address such unresolved water quality problems, the department shall provide copies of all final dairy farm inspection reports and documentation of all formal regulatory and enforcement actions taken by the department against that particular dairy farm to the local conservation district and to the appropriate dairy farm within twenty days.

             (((3) If immediate action is not necessary by the department, the handling of complaints will differ depending on the amount of information available and the compliance option selected by the conservation district involved.

             (a) When the name and address of the party against whom the complaint was registered are known:

             (i) Districts operating at levels 1 and 2 will receive a copy of complaint information, and compliance letter if one was sent out.

             (ii) Districts operating at levels 3 and 4 will receive a copy of complaint information and the letter sent by the department to the operator informing the operator of the complaint and providing the operator with the opportunity to work with the conservation district on a voluntary basis.

             (b) The department and the conservation district will work together at the local level to resolve complaints when the name and address of the party against whom the complaint was registered are unknown.))


             Sec. 14. RCW 90.64.070 and 1993 c 221 s 8 are each amended to read as follows:

             (1) The conservation district has the following duties:

             (a) ((Adopt and annually update the water quality section in the conservation district dairy waste management plan)) Provide technical assistance to the department in identifying and correcting existing water quality problems resulting from dairy farms through implementation of the inspection program in section 5 of this act;

             (b) ((As part of the district annual report, include a water quality progress report on dairy waste management activities conducted that are related to this chapter)) Immediately refer complaints received from the public regarding discharge of pollutants to the department;

             (c) Encourage communication and cooperation between the conservation district personnel and local department personnel;

             (d) ((Adopt and carry out a compliance option from level 1, level 2, level 3, or level 4)) Provide technical assistance to dairy producers in developing and implementing a dairy nutrient management plan; and

             (e) Review, approve, and certify dairy nutrient management plans that meet the minimum standards developed under this chapter.

             (2) The district's capability to carry out its responsibilities ((in the four levels of compliance)) under this chapter is contingent upon the availability of funding and resources to implement a dairy ((waste)) nutrient management program.


             Sec. 15. RCW 90.64.080 and 1993 c 221 s 9 are each amended to read as follows:

             (1) The conservation commission has the following duties:

             (a) ((Forward to the department the dairy waste management plan progress reports;

             (b))) Provide assistance as may be appropriate to the conservation districts in the discharge of their responsibilities as management agencies in dairy ((waste)) nutrient management program implementation;

             (((c))) (b) Provide coordination for conservation district programs at the state level through special arrangements with appropriate federal and state agencies, including oversight of the review, approval, and certification of dairy nutrient management plans;

             (((d))) (c) Inform conservation districts of activities and experiences of other conservation districts relative to agricultural water quality protection, and facilitate an interchange of advice, experience, and cooperation between the districts;

             (d) Provide an informal hearing for disputes between dairy producers and local conservation districts pertaining to: (i) Denial of approval or denial of certification of dairy nutrient management plans; (ii) modification or amendment of plans; (iii) conditions contained in plans; (iv) application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and (v) the failure to adhere to the plan review and approval timelines identified in section 6 of this act. An informal hearing may also provide an opportunity for dairy producers who are constrained from timely compliance with the planning requirements of this chapter because of financial hardship or local permitting delays to petition for additional time to comply.

             (e) Encourage communication between the conservation district personnel and local department personnel;

             (f) Accept nominations and appoint ((conservation district representatives)) members to serve on the ((compliance review)) advisory and oversight committee with advice of the Washington association of conservation districts and the department;

             (g) ((Appoint a commission representative to participate on the compliance review committee that will annually review and update policy and disseminate information as needed)) Provide a cochair to the advisory and oversight committee;

             (h) Report to the legislature by December 1st of each year until 2003 on the technical assistance provided to dairy producers in carrying out the requirements of this chapter; and

             (i) Work with the department to provide communication outreach to representatives of agricultural and environmental organizations to receive feedback on implementation of this chapter.

             (2) The commission's capability to carry out its responsibilities under this chapter is contingent upon the availability of funding and resources to implement a dairy ((waste)) nutrient management program.


             NEW SECTION. Sec. 16. The dairy waste management account is created in the custody of the state treasurer. All receipts from monetary penalties levied pursuant to violations of this chapter must be deposited into the account. Expenditures from the account may be used only for the commission to provide grants to local conservation districts for the sole purpose of assisting dairy producers to develop and fully implement dairy nutrient management plans. Only the chairman of the commission or the chairman's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.


             Sec. 17. RCW 90.48.465 and 1997 c 398 s 2 are each amended to read as follows:

             (1) The department shall establish annual fees to collect expenses for issuing and administering each class of permits under RCW 90.48.160, 90.48.162, and 90.48.260. An initial fee schedule shall be established by rule within one year of March 1, 1989, and thereafter the fee schedule shall be adjusted no more often than once every two years. This fee schedule shall apply to all permits, regardless of date of issuance, and fees shall be assessed prospectively. All fees charged shall be based on factors relating to the complexity of permit issuance and compliance and may be based on pollutant loading and toxicity and be designed to encourage recycling and the reduction of the quantity of pollutants. Fees shall be established in amounts to fully recover and not to exceed expenses incurred by the department in processing permit applications and modifications, monitoring and evaluating compliance with permits, conducting inspections, securing laboratory analysis of samples taken during inspections, reviewing plans and documents directly related to operations of permittees, overseeing performance of delegated pretreatment programs, and supporting the overhead expenses that are directly related to these activities.

             (2) The annual fee paid by a municipality, as defined in 33 U.S.C. Sec. 1362, for all domestic wastewater facility permits issued under RCW 90.48.162 and 90.48.260 shall not exceed the total of a maximum of fifteen cents per month per residence or residential equivalent contributing to the municipality's wastewater system. The department shall adopt by rule a schedule of credits for any municipality engaging in a comprehensive monitoring program beyond the requirements imposed by the department, with the credits available for five years from March 1, 1989, and with the total amount of all credits not to exceed fifty thousand dollars in the five-year period.

             (3) The department shall ensure that indirect dischargers do not pay twice for the administrative expense of a permit. Accordingly, administrative expenses for permits issued by a municipality under RCW 90.48.165 are not recoverable by the department.

             (4) In establishing fees, the department shall consider the economic impact of fees on small dischargers and the economic impact of fees on public entities required to obtain permits for storm water runoff and shall provide appropriate adjustments.

             (5) The fee for an individual permit issued for a dairy farm as defined under chapter 90.64 RCW shall be capped at fifty cents per animal unit covered by the permit up to two thousand three hundred thirty-four animal units for fiscal year 1998, and two thousand four hundred twenty-eight animal units for fiscal year 1999. The fee for a general permit issued for a dairy farm as defined under chapter 90.64 RCW shall be capped at fifty cents per animal unit covered by the permit up to one thousand six hundred thirty-four animal units for fiscal year 1998, and one thousand seven hundred animal units for fiscal year 1999. For animal units in excess of these numbers, the fees shall be as prescribed in WAC 173-224-040.

             (6) All fees collected under this section shall be deposited in the water quality permit account hereby created in the state treasury. Moneys in the account may be appropriated only for purposes of administering permits under RCW 90.48.160, 90.48.162, and 90.48.260.

             (((6))) (7) Beginning with the biennium ending June 30, 1997, the department shall present a biennial progress report on the use of moneys from the account to the legislature. The report will be due December 31st of odd-numbered years. The report shall consist of information on fees collected, actual expenses incurred, and anticipated expenses for the current and following fiscal years.


             NEW SECTION. Sec. 18. The department, in conjunction with the conservation commission and advisory and oversight committee, shall report to the legislature by December 1st of each year until 2002, on progress made in implementing chapter . . ., Laws of 1998 (this act). At a minimum, the reports shall include data on inspections, the status of dairy nutrient planning, compliance with water quality standards, and enforcement actions. The report shall also provide recommendations on how implementation of chapter . . ., Laws of 1998 (this act) could be facilitated for dairy producers and generally improved.


             Sec. 19. RCW 43.21B.110 and 1993 c 387 s 22 are each amended to read as follows:

             (1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the administrator of the office of marine safety, and the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, or local health departments:

             (a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330.

             (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, ((and)) 90.48.120, and 90.56.330.

             (c) The issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, or the modification of the conditions or the terms of a waste disposal permit.

             (d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.

             (e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.

             (f) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in section 6 of this act.

             (g) Any other decision by the department, the administrator of the office of marine safety, or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.

             (2) The following hearings shall not be conducted by the hearings board:

             (a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.

             (b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.

             (c) Proceedings by the department relating to general adjudications of water rights pursuant to chapter 90.03 or 90.44 RCW.

             (d) Hearings conducted by the department to adopt, modify, or repeal rules.

             (3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the Administrative Procedure Act, chapter 34.05 RCW.


             NEW SECTION. Sec. 20. RCW 90.64.090 and 1993 c 221 s 10 are each repealed.


             NEW SECTION. Sec. 21. Sections 3, 5 through 10, 16, and 18 of this act are each added to chapter 90.64 RCW.


             NEW SECTION. Sec. 22. 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 takes effect immediately.


             NEW SECTION. Sec. 23. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void."


             On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "amending RCW 90.64.005, 90.64.010, 90.64.030, 90.64.050, 90.64.060, 90.64.070, 90.64.080, 90.48.465, and 43.21B.110; adding new sections to chapter 90.64 RCW; creating new sections; repealing RCW 90.64.090; prescribing penalties; and declaring an emergency."

 

Signed by Representatives Chandler, Chairman; Schoesler, Vice Chairman; Linville, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Cooper; Delvin; Koster; Mastin; Regala and Sump.


             Voting Yea: Representatives Chandler, Schoesler, Linville, Anderson, Cooper, Delvin, Koster, Mastin, Regala and Sump.

             Excused: Representative Parlette.


             Referred to Committee on Appropriations.


February 26, 1998

ESSB 6165       Prime Sponsor, Senate Committee on Law & Justice: Directing mandatory ignition interlocks for DUI offenders. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Robertson and Sherstad.

 

MINORITY recommendation: Do not pass. Signed by Representative Mulliken.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.

             Voting Nay: Representative Mulliken.


             Referred to Committee on Appropriations.


February 26, 1998

ESSB 6166       Prime Sponsor, Senate Committee on Law & Justice: Increasing penalties for drunk driving. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 46.61.5055 and 1997 c 229 s 11 and 1997 c 66 s 14 are each reenacted and amended to read as follows:

             (1) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within five years shall be punished as follows:

             (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than one day nor more than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ninety days. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege; or

             (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than two days nor more than one year. Two consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one year. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege.

             (2) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within five years shall be punished as follows:

             (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than thirty days nor more than one year. Thirty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of two years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

             (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than forty-five days nor more than one year. Forty-five days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of nine hundred days. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

             (3) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or more prior offenses within five years shall be punished as follows:

             (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than ninety days nor more than one year. Ninety days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than one thousand dollars nor more than five thousand dollars. One thousand dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of three years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

             (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than one hundred twenty days nor more than one year. One hundred twenty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of four years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

             (4) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.

             (5) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.

             (6) After expiration of any period of suspension or revocation of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355.

             (7)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock or other biological or technical device on the probationer's motor vehicle, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.

             (b) For each violation of mandatory conditions of probation under (a)(i) and (ii) or (a)(i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.

             (c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.

             (8)(a) A "prior offense" means any of the following:

             (i) A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;

             (ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;

             (iii) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;

             (iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;

             (v) A conviction for a violation of RCW 46.61.5249, 46.61.500, or 9A.36.050 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;

             (vi) An out-of-state conviction for a violation that would have been a violation of (a)(i), (ii), (iii), (iv), or (v) of this subsection if committed in this state;

             (vii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance; or

             (viii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.5249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.

             (b) "Within five years" means that the arrest for a prior offense occurred within five years of the arrest for the current offense.


             Sec. 2. RCW 46.61.520 and 1996 c 199 s 7 are each amended to read as follows:

             (1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:

             (a) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502; or

             (b) In a reckless manner; or

             (c) With disregard for the safety of others.

             (2) Vehicular homicide is a class A felony punishable under chapter 9A.20 RCW, except that, for a conviction under subsection (1)(a) of this section, an additional two years shall be added to the sentence for each prior offense as defined in RCW 46.61.5055.


             Sec. 3. RCW 9.94A.310 and 1997 c 365 s 3 and 1997 c 338 s 50 are each reenacted and amended to read as follows:

(1)                                                                               TABLE 1

 

Sentencing Grid

 

SERIOUSNESS

SCORE                                               OFFENDER SCORE

                                                                                                                                                          9 or

               0             1             2             3             4             5             6             7             8             more

                                                                                                                                                                                       

XV         Life Sentence without Parole/Death Penalty

                                                                                                                                                                                       

XIV        23y4m    24y4m    25y4m    26y4m    27y4m    28y4m    30y4m    32y10m   36y        40y

               240-        250-        261-        271-        281-        291-        312-        338-        370-        411-

               320         333         347         361         374         388         416         450         493         548

                                                                                                                                                                                       

XIII        14y4m    15y4m    16y2m    17y         17y11m   18y9m    20y5m    22y2m    25y7m 29y

               123-        134-        144-        154-        165-        175-        195-        216-        257-        298-

               220         234         244         254         265         275         295         316         357         397

                                                                                                                                                                                       

XII         9y           9y11m    10y9m    11y8m    12y6m    13y5m    15y9m    17y3m    20y3m    23y3m

               93-          102-        111-        120-        129-        138-        162-        178-        209-        240-

               123         136         147         160         171         184         216         236         277         318

                                                                                                                                                                                       

XI           7y6m      8y4m      9y2m      9y11m    10y9m    11y7m    14y2m    15y5m    17y11m   20y5m

               78-          86-          95-          102-        111-        120-        146-        159-        185-        210-

               102         114         125         136         147         158         194         211         245         280

                                                                                                                                                                                       

X            5y           5y6m      6y           6y6m      7y           7y6m      9y6m      10y6m    12y6m    14y6m

               51-          57-          62-          67-          72-          77-          98-          108-        129-        149-

               68           75           82           89           96           102         130         144         171         198

                                                                                                                                                                                       

IX           3y           3y6m      4y           4y6m      5y           5y6m      7y6m      8y6m      10y6m    12y6m

               31-          36-          41-          46-          51-          57-          77-          87-          108-        129-

               41           48           54           61           68           75           102         116         144         171

                                                                                                                                                                                       

VIII        2y           2y6m      3y           3y6m      4y           4y6m      6y6m      7y6m      8y6m      10y6m

               21-          26-          31-          36-          41-          46-          67-          77-          87-          108-

               27           34           41           48           54           61           89           102         116         144

                                                                                                                                                                                       

VII         18m        2y           2y6m      3y           3y6m      4y           5y6m      6y6m      7y6m      8y6m

               15-          21-          26-          31-          36-          41-          57-          67-          77-          87-

               20           27           34           41           48           54           75           89           102         116

                                                                                                                                                                                       

VI           13m        18m        2y           2y6m      3y           3y6m      4y6m      5y6m      6y6m      7y6m

               12+-       15-          21-          26-          31-          36-          46-          57-          67-          77-

               14          20           27           34           41           48           61           75           89           102

                                                                                                                                                                                       

V            9m          13m        15m        18m        2y2m      3y2m      4y           5y           6y           7y

               6-            12+-       13-          15-          22-          33-          41-          51-          62-          72-

               12           14           17           20           29           43           54           68           82           96

                                                                                                                                                                                       

IV           6m          9m          13m        15m        18m        2y2m      3y2m      4y2m      5y2m      6y2m

               3-            6-            12+-       13-          15-          22-          33-          43-          53-          63-

               9             12           14           17           20           29           43           57           70           84

                                                                                                                                                                                       

III           2m          5m          8m          11m        14m        20m        2y2m      3y2m      4y2m      5y

               1-            3-            4-            9-            12+-       17-          22-          33-          43-          51-

               3             8             12           12           16           22           29           43           57           68

                                                                                                                                                                                       

II                            4m          6m          8m          13m        16m        20m        2y2m      3y2m      4y2m

               0-90        2-            3-            4-            12+-       14-          17-          22-          33-          43-

               Days       6             9             12           14           18           22           29           43           57

                                                                                                                                                                                       

I                                             3m          4m          5m          8m          13m        16m        20m        2y2m

               0-60        0-90        2-            2-            3-            4-            12+-       14-          17-          22-

               Days       Days       5             6             8             12           14          18           22           29

                                                                                                                                                                                       


NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.

             (2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.

             (3) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the classification of the completed felony crime. If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any firearm enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:

             (a) Five years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.

             (b) Three years for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.

             (c) Eighteen months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.

             (d) If the offender is being sentenced for any firearm enhancements under (a), (b), and/or (c) of this subsection and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (4)(a), (b), and/or (c) of this section, or both, any and all firearm enhancements under this subsection shall be twice the amount of the enhancement listed.

             (e) Notwithstanding any other provision of law, any and all firearm enhancements under this section are mandatory, shall be served in total confinement, and shall not run concurrently with any other sentencing provisions.

             (f) The firearm enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.

             (g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030.

             (4) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a deadly weapon as defined in this chapter other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any deadly weapon enhancements based on the classification of the completed felony crime. If the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any deadly weapon enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:

             (a) Two years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.

             (b) One year for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.

             (c) Six months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.

             (d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (3)(a), (b), and/or (c) of this section, or both, any and all deadly weapon enhancements under this subsection shall be twice the amount of the enhancement listed.

             (e) Notwithstanding any other provision of law, any and all deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall not run concurrently with any other sentencing provisions.

             (f) The deadly weapon enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.

             (g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030.

             (5) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section:

             (a) Eighteen months for offenses committed under RCW 69.50.401(a)(1) (i) or (ii) or 69.50.410;

             (b) Fifteen months for offenses committed under RCW 69.50.401(a)(1) (iii), (iv), and (v);

             (c) Twelve months for offenses committed under RCW 69.50.401(d).

             For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.

             (6) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435.

             (7) An additional two years shall be added to the presumptive sentence for vehicular homicide committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502 for each prior offense as defined in RCW 46.61.5055.


             Sec. 4. RCW 9.94A.360 and 1997 c 338 s 5 are each amended to read as follows:

             The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:

             The offender score is the sum of points accrued under this section rounded down to the nearest whole number.

             (1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.400.

             (2) Class A and sex prior felony convictions shall always be included in the offender score. Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction. Class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction. Serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction. This subsection applies to both adult and juvenile prior convictions.

             (3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.

             (4) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.

             (5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:

             (i) Prior offenses which were found, under RCW 9.94A.400(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.400(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;

             (ii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. Use the conviction for the offense that yields the highest offender score.

             (b) As used in this subsection (5), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.

             (6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense.

             (7) If the present conviction is for a nonviolent offense and not covered by subsection (11) or (12) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and 1/2 point for each juvenile prior nonviolent felony conviction.

             (8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), or (12) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.

             (9) If the present conviction is for Murder 1 or 2, Assault 1, Assault of a Child 1, Kidnapping 1, Homicide by Abuse, or Rape 1, count three points for prior adult and juvenile convictions for crimes in these categories, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.

             (10) If the present conviction is for Burglary 1, count prior convictions as in subsection (8) of this section; however count two points for each prior adult Burglary 2 or residential burglary conviction, and one point for each prior juvenile Burglary 2 or residential burglary conviction.

             (11) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense or serious traffic offense, count one point for each adult and 1/2 point for each juvenile prior conviction. This subsection shall not apply when additional time is added to a sentence pursuant to RCW 46.61.520(2).

             (12) If the present conviction is for a drug offense count three points for each adult prior felony drug offense conviction and two points for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (8) of this section if the current drug offense is violent, or as in subsection (7) of this section if the current drug offense is nonviolent.

             (13) If the present conviction is for Willful Failure to Return from Furlough, RCW 72.66.060, Willful Failure to Return from Work Release, RCW 72.65.070, or Escape from Community Custody, RCW 72.09.310, count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as 1/2 point.

             (14) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions as 1/2 point.

             (15) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (7) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 or residential burglary conviction, and one point for each juvenile prior Burglary 2 or residential burglary conviction.

             (16) If the present conviction is for a sex offense, count priors as in subsections (7) through (15) of this section; however count three points for each adult and juvenile prior sex offense conviction.

             (17) If the present conviction is for an offense committed while the offender was under community placement, add one point.


             NEW SECTION. Sec. 5. A new section is added to chapter 46.61 RCW to read as follows:

             (1) Immediately before the court defers prosecution under RCW 10.05.020, dismisses a charge, or orders a sentence for any offense listed in subsection (2) of this section, the court and prosecutor shall verify the defendant's criminal history and driving record. The order shall include specific findings as to the criminal history and driving record. For purposes of this section, the criminal history shall include all previous convictions and orders of deferred prosecution, as reported through the judicial information system or otherwise available to the court or prosecutor, current to within the period specified in subsection (3) of this section before the date of the order. For purposes of this section, the driving record shall include all information reported to the court by the department of licensing.

             (2) The offenses to which this section applies are violations of: (a) RCW 46.61.502 or an equivalent local ordinance; (b) RCW 46.61.504 or an equivalent local ordinance; (c) RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug; (d) RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug; and (e) RCW 46.61.5249, 46.61.500, or 9A.36.050, or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.

             (3) The periods applicable to previous convictions and orders of deferred prosecution are: (a) One working day, in the case of previous actions of courts that fully participate in the state judicial information system; and (b) seven calendar days, in the case of previous actions of courts that do not fully participate in the judicial information system. For purposes of this subsection, "fully participate" means regularly providing records to and receiving records from the system by electronic means on a daily basis."


             Correct the title.

 

Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.


             Referred to Committee on Appropriations.


February 26, 1998

2SSB 6168        Prime Sponsor, Senate Committee on Ways & Means: Developing housing for temporary workers. Reported by Committee on Trade & Economic Development

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 19.27 RCW to read as follows:

             (1) Temporary worker housing shall be constructed, altered, or repaired as provided in chapter 70.114A RCW and chapter . . ., Laws of 1998 (this act). The construction, alteration, or repair of temporary worker housing is not subject to the codes adopted under RCW 19.27.031, except as provided by rule adopted under chapter 70.114A RCW or chapter . . ., Laws of 1998 (this act).

             (2) For the purpose of this section, "temporary worker housing" has the same meaning as provided in RCW 70.114A.020.


             NEW SECTION. Sec. 2. A new section is added to chapter 70.114A RCW to read as follows:

             (1) The department shall adopt by rule a temporary worker building code in conformance with the temporary worker housing standards developed under the Washington industrial safety and health act, chapter 49.17 RCW, the rules adopted by the state board of health under RCW 70.54.110, and the following guidelines:

             (a) The temporary worker building code shall provide construction standards for shelter and associated facilities that are safe, secure, and capable of withstanding the stresses and loads associated with their designated use, and to which they are likely to be subjected by the elements;

             (b) The temporary worker building code shall permit and facilitate designs and formats that allow for maximum affordability, consistent with the provision of decent, safe, and sanitary housing;

             (c) In developing the temporary worker building code the department shall consider:

             (i) The need for dormitory type housing for groups of unrelated individuals; and

             (ii) The need for housing to accommodate families;

             (d) The temporary worker building code shall incorporate the opportunity for the use of construction alternatives and the use of new technologies that meet the performance standards required by law; and

             (e) The temporary worker building code shall include standards for heating and insulation appropriate to the type of structure and length and season of occupancy.

             (2) In adopting the temporary worker building code, the department shall make exceptions to the codes listed in RCW 19.27.031 and chapter 19.27A RCW, in keeping with the guidelines set forth in this section. The initial temporary worker building code adopted by the department shall be substantially equivalent with the temporary worker building code developed by the state building code council as directed by section 8, chapter 220, Laws of 1995.

             (3) The temporary worker building code authorized and required by this section shall be enforced by the department.


             NEW SECTION. Sec. 3. A new section is added to chapter 49.17 RCW to read as follows:

             By December 1, 1998, the department of labor and industries shall adopt rules requiring electricity in all temporary worker housing and establishing minimum requirements to ensure the safe storage, handling, and preparation of food in these camps, regardless of whether individual or common cooking facilities are in use.


             Sec. 4. RCW 43.22.480 and 1995 c 289 s 2 are each amended to read as follows:

             (1) The department shall adopt and enforce rules that protect the health, safety, and property of the people of this state by assuring that all factory built housing or factory built commercial structures are structurally sound and that the plumbing, heating, electrical, and other components thereof are reasonably safe. The rules shall be reasonably consistent with recognized and accepted principles of safety and structural soundness, and in adopting the rules the department shall consider, so far as practicable, the standards and specifications contained in the uniform building, plumbing, and mechanical codes, including the barrier free code and the Washington energy code as adopted by the state building code council pursuant to chapter 19.27A RCW, and the national electrical code, including the state rules as adopted pursuant to chapter 19.28 RCW and published by the national fire protection association or, when applicable, the temporary worker building code adopted under section 2 of this act.

             (2) The department shall set a schedule of fees which will cover the costs incurred by the department in the administration and enforcement of RCW 43.22.450 through 43.22.490.

             (3) The director may adopt rules that provide for approval of a plan that is certified as meeting state requirements or the equivalent by a professional who is licensed or certified in a state whose licensure or certification requirements meet or exceed Washington requirements.


             NEW SECTION. Sec. 5. A new section is added to chapter 43.70 RCW to read as follows:

             (1) Any person providing temporary worker housing as defined in chapter 70.114A RCW shall secure an annual operating license prior to occupancy and shall pay a fee according to RCW 43.70.340. The license shall be conspicuously displayed on site.

             (2) Licenses issued under this chapter may be suspended or revoked upon the failure or refusal of the person providing temporary worker housing to comply with the provisions of RCW 70.54.110, or of any rules adopted under this section by the department. All such proceedings shall be governed by the provisions of chapter 34.05 RCW.

             (3) The department may assess a civil fine in accordance with RCW 43.70.095 for failure or refusal to obtain a license prior to occupancy of temporary worker housing. The department may refund all or part of the civil fine collected once the operator obtains a valid operating license. Civil fines under this section shall not exceed seven thousand dollars for the first violation of this section, and shall not exceed seventy thousand dollars for second and subsequent violations within any five-year period.

             (4) The department shall adopt rules as necessary to assure compliance with this section.

             (5) For the purpose of this section, "temporary worker housing" has the same meaning as provided in chapter 70.114A RCW.


             NEW SECTION. Sec. 6. A new section is added to chapter 43.70 RCW to read as follows:

             This section applies to operators of temporary worker housing as defined in chapter 70.114A RCW who are providing temporary worker housing on farm except the provisions of RCW 70.114A.030 shall not apply to the requirements of this section.

             (1) Any person who constructs, alters, or makes an addition to temporary worker housing shall:

             (a) Submit plans and specifications for the alteration, addition, or new construction of this housing prior to beginning any alteration, addition, or new construction on this housing;

             (b) Apply for and obtain a temporary worker housing building permit from the department prior to construction or alteration of this housing; and

             (c) Submit a plan review and permit fee to the department of health pursuant to section 5 of this act.

             (2) The department shall adopt rules as necessary, for the application procedures for the temporary worker housing plan review, permit process, construction inspection, and issuance of an occupancy permit.

             (3) Any alteration of a manufactured structure to be used for temporary worker housing remains subject to chapter 43.22 RCW, and the rules adopted under chapter 43.22 RCW.

             (4) For the purpose of this section, "temporary worker housing" has the same meaning as provided in chapter 70.114A RCW except the provisions of RCW 70.114A.030 shall not apply to the requirements of this section.


             Sec. 7. RCW 43.70.340 and 1990 c 253 s 3 are each amended to read as follows:

             (1) The ((farmworker housing inspection)) temporary worker housing fund is established in the custody of the state treasury. The department ((of health)) shall deposit all funds received under subsections (2) and (3) of this section and from the legislature to administer a ((labor camp)) temporary worker housing permitting, licensing, and inspection program conducted by the department ((of health)). Disbursement from the fund shall be on authorization of the secretary of health or the secretary's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.

             (2) There is imposed a fee on each operating license issued by the department ((of health)) to every operator of ((a labor camp)) temporary worker housing that is regulated by the state board of health. ((The fee paid under this subsection shall include all necessary inspection of the units to ensure compliance with)) In establishing the fee to be paid under this subsection the department shall consider the cost of administering a license as well as enforcing applicable state board of health rules on ((labor camps.

             (a) Fifty dollars shall be charged for each labor camp containing six or less units.

             (b) Seventy-five dollars shall be charged for each labor camp containing more than six units)) temporary worker housing.

             (3) There is imposed a fee on each temporary worker housing building permit issued by the department to every operator of farm temporary worker housing as required by section 5 of this act. The fee shall include the cost of administering a permit as well as enforcing the department's temporary worker building code as adopted under section 2 of this act.

             (4) The department shall conduct a fee study for:

             (a) A temporary worker housing operator's license;

             (b) On-site inspections; and

             (c) A plan review and building permit for new construction.

             After completion of the study, the department shall adopt these fees by rule by no later than December 31, 1998.

             (5) The term of the operating license and the application procedures shall be established, by rule, by the department ((of health)).


             NEW SECTION. Sec. 8. A new section is added to chapter 43.330 RCW to read as follows:

             (1) There is established the farm worker housing finance program within the department. The department shall provide financial assistance to organizations eligible to receive assistance under chapter 43.185 RCW to assist in the development, maintenance, and operation of housing for low-income farm workers.

             (2) The department shall work in cooperation with the departments of health, labor and industries, and social and health services to review proposals and make recommendations to the funding approval board that oversees the distribution of housing trust fund grants and loans. An advisory group representing growers, farm workers, and other interested parties shall be formed to assist the interagency group.


             NEW SECTION. Sec. 9. RCW 70.114A.080 and 1995 c 220 s 8 are each repealed."


             Correct the title.

 

Signed by Representatives Van Luven, Chairman; Dunn, Ranking Minority Member; Veloria, Ranking Minority Member; Alexander; Ballasiotes; Mason and McDonald.

 

MINORITY recommendation: Do not pass. Signed by Representatives Eickmeyer, Assistant Ranking Minority Member; and Morris.


             Voting Yea: Representatives Van Luven, Dunn, Veloria, Alexander, Ballasiotes, Mason and McDonald.

             Voting Nay: Representatives Eickmeyer and Morris.


             Referred to Committee on Appropriations.


February 26, 1998

SB 6169            Prime Sponsor, Senator Winsley: Regulating third-party appraisals. Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation: Do pass. Signed by Representatives L. Thomas, Chairman; Smith, Vice Chairman; Zellinsky, Vice Chairman; Wolfe, Ranking Minority Member; Grant, Assistant Ranking Minority Member; Benson; Constantine; DeBolt; Keiser; Sullivan and Wensman.


             Voting Yea: Representatives L. Thomas, Smith, Zellinsky, Wolfe, Grant, Benson, DeBolt, Keiser, Sullivan and Wensman.

             Excused: Representative Constantine.


             Passed to Rules Committee for second reading.


February 27, 1998

SB 6172            Prime Sponsor, Senator McCaslin: Clarifying requirements for service of petitions for review on agencies. Reported by Committee on Government Reform & Land Use

 

MAJORITY recommendation: Do pass. Signed by Representatives Reams, Chairman; Cairnes, Vice Chairman; Sherstad, Vice Chairman; Romero, Ranking Minority Member; Lantz, Assistant Ranking Minority Member; Bush; Fisher; Mielke; Mulliken and Thompson.


             Voting Yea: Representatives Reams, Cairnes, Sherstad, Romero, Lantz, Bush, Fisher, Mielke, Mulliken and Thompson.

             Excused: Representative Gardner.


             Passed to Rules Committee for second reading.


February 27, 1998

ESSB 6174       Prime Sponsor, Senate Committee on Government Operations: Changing compensation for special district commissioners. Reported by Committee on Government Administration

 

MAJORITY recommendation: Do pass. Signed by Representatives D. Schmidt, Chairman; D. Sommers, Vice Chairman; Scott, Ranking Minority Member; Gardner, Assistant Ranking Minority Member; Doumit; Dunn; Dunshee; Murray; Reams; Smith; L. Thomas; Wensman and Wolfe.


             Voting Yea: Representatives D. Schmidt, D. Sommers, Scott, Doumit, Dunn, Dunshee, Murray, Reams, Smith, L. Thomas, Wensman and Wolfe.

             Excused: Representative Gardner.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6181          Prime Sponsor, Senate Committee on Law & Justice: Regulating probate, trusts, and estates. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


"PART I--TESTAMENTARY DISPOSITION OF NONPROBATE ASSETS


             NEW SECTION. Sec. 101. SHORT TITLE. This chapter may be known and cited as the testamentary disposition of nonprobate assets act.


             NEW SECTION. Sec. 102. PURPOSES. The purposes of this chapter are to:

             (1) Enhance and facilitate the power of testators to control the disposition of assets that pass outside their wills;

             (2) Provide simple procedures for resolution of disputes regarding entitlement to such assets; and

             (3) Protect any financial institution or other third party having possession of or control over such an asset and transferring it to a beneficiary duly designated by the testator, unless that third party has been provided notice of a testamentary disposition as required in this chapter.


             NEW SECTION. Sec. 103. CONSTRUCTION--JURISDICTION. (1) When construing sections and provisions of this chapter, the sections and provisions must:

             (a) Be liberally construed and applied to promote the purposes of this chapter;

             (b) Be considered part of a general act that is intended as unified coverage of the subject matter, and no part of this chapter may be deemed impliedly repealed by subsequent legislation if the construction can be reasonably avoided;

             (c) Not be held invalid because of the invalidity of other sections or provisions of this chapter as long as the section or provision in question can be given effect without regard to the invalid section or provision, and to this end the sections or provisions of this chapter are severable;

             (d) Not be construed by reference to section or subsection headings as used in this chapter, since these do not constitute any part of the law;

             (e) Not be deemed to alter the community or separate property nature of any asset passing outside a testator's will or any individual's community or separate rights to the asset, and a testator's community or separate property rights to the asset are not affected by whether it passes outside the will or, under this chapter, by disposition under the will; and

             (f) Not be construed as authorizing or extending the authority of any financial institution or other third party to sell or otherwise create assets that would pass outside a testator's will upon such terms as would contravene any other applicable federal or state law.

             (2) The sections and provisions of this chapter apply to an owner who dies while a resident of this state on or after the effective date of this section and to a nonprobate asset the disposition of which on the death of the owner would otherwise be governed by the law of this state.


             NEW SECTION. Sec. 104. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

             (1)(a) "Actual knowledge" means:

             (i) For a financial institution, whether acting as personal representative or otherwise, or other third party in possession or control of a nonprobate asset, receipt of written notice that: (A) Complies with section 109 of this act; (B) pertains to the testamentary disposition or ownership of a nonprobate asset in its possession or control; and (C) is received by the financial institution or third party after the death of the owner in a time sufficient to afford the financial institution or third party a reasonable opportunity to act upon the knowledge; and

             (ii) For a personal representative that is not a financial institution, personal knowledge or possession of documents relating to the testamentary disposition or ownership of a nonprobate asset of the owner sufficient to afford the personal representative reasonable opportunity to act upon the knowledge, including reasonable opportunity for the personal representative to provide the written notice under section 109 of this act.

             (b) For the purposes of (a) of this subsection, notice of more than thirty days is presumed to be notice that is sufficient to afford the party a reasonable opportunity to act upon the knowledge, but notice of less than five business days is presumed not to be a sufficient notice for these purposes. These presumptions may be rebutted only by clear and convincing evidence to the contrary.

             (2) "Beneficiary" means the person designated to receive a nonprobate asset upon the death of the owner by means other than the owner's will.

             (3) "Broker" means a person defined as a broker or dealer under the federal securities laws.

             (4) "Date of will" means, as to any nonprobate asset, the date of signature of the will or codicil that refers to the asset and disposes of it.

             (5) "Designate" means a written means by which the owner selects a beneficiary, including but not limited to instruments under contractual arrangements and registration of accounts, and "designation" means the selection.

             (6) "Financial institution" means: A bank, trust company, mutual savings bank, savings and loan association, credit union, broker, or issuer of stock or its transfer agent.

             (7)(a) "Nonprobate asset" means a nonprobate asset within the meaning of RCW 11.02.005, but excluding the following:

             (i) A right or interest in real property passing under a joint tenancy with right of survivorship;

             (ii) A deed or conveyance for which possession has been postponed until the death of the owner;

             (iii) A right or interest passing under a community property agreement; and

             (iv) An individual retirement account or bond.

             (b) For the definition of "nonprobate asset" relating to revocation of a provision for a former spouse upon dissolution of marriage or declaration of invalidity of marriage, see RCW 11.07.010(5).

             (8) "Owner" means a person who, during life, has beneficial ownership of the nonprobate asset.

             (9) "Request" means a request by the beneficiary for transfer of a nonprobate asset after the death of the owner, if it complies with all conditions of the arrangement, including reasonable special requirements concerning necessary signatures and regulations of the financial institution or other third party, or by the personal representative of the owner's estate or the testamentary beneficiary, if it complies with the owner's will and any additional conditions of the financial institution or third party for such transfer.

             (10) "Testamentary beneficiary" means a person named under the owner's will to receive a nonprobate asset under this chapter, including but not limited to the trustee of a testamentary trust.

             (11) "Third party" means a person, including a financial institution, having possession of or control over a nonprobate asset at the death of the owner, including the trustee of a revocable living trust and surviving joint tenant or tenants.


             NEW SECTION. Sec. 105. DISPOSITION OF NONPROBATE ASSETS UNDER WILL. (1) Subject to community property rights, upon the death of an owner the owner's interest in any nonprobate asset specifically referred to in the owner's will belongs to the testamentary beneficiary named to receive the nonprobate asset, notwithstanding the rights of any beneficiary designated before the date of the will.

             (2) A general residuary gift in an owner's will, or a will making general disposition of all of the owner's property, does not entitle the devisees or legatees to receive nonprobate assets of the owner.

             (3) A disposition in a will of the owner's interest in "all nonprobate assets" or of all of a category of nonprobate asset under section 104(7) of this act, such as "all of my payable on death bank accounts" or similar language, is deemed to be a disposition of all the nonprobate assets the beneficiaries of which are designated before the date of the will.

             (4) If the owner designates a beneficiary for a nonprobate asset after the date of the will, the will does not govern the disposition of that nonprobate asset. If the owner revokes the later beneficiary designation, the prior will does not govern the disposition of the nonprobate asset. A beneficiary designation with respect to an asset that renews without the signature of the owner is deemed to have been made on the date on which the account was first opened.


             NEW SECTION. Sec. 106. WAIVER OF RIGHT TO DISPOSE OF A NONPROBATE ASSET UNDER WILL. An owner may waive the right to dispose of a specific nonprobate asset by will under this chapter, with or without consideration, by a written instrument signed by the owner and delivered to the financial institution or other third party, including but not limited to signature cards or deposit agreements. The waiver is revocable by written instrument delivered to the financial institution or other third party unless the owner has stated that the waiver is to be irrevocable.


             NEW SECTION. Sec. 107. CONTROVERSIES BETWEEN BENEFICIARIES AND TESTAMENTARY BENEFICIARIES. This chapter is intended to establish ownership rights to nonprobate assets upon the death of the owner, as between beneficiaries and testamentary beneficiaries. This chapter is relevant only as to controversies between these persons, and has no bearing on the right of a person to transfer a nonprobate asset under its terms in the absence of a testamentary provision under this chapter.


             NEW SECTION. Sec. 108. RIGHT TO RELY ON FORM OF NONPROBATE ASSET--DISCHARGE OF FINANCIAL INSTITUTION OR OTHER THIRD PARTY. In transferring nonprobate assets, a financial institution or other third party may rely conclusively and entirely upon the form of the nonprobate asset and the terms of the nonprobate asset arrangement in effect on the date of death of the owner, unless the financial institution or other third party has actual knowledge of the existence of a claim by a testamentary beneficiary. A financial institution or other third party is not required to inquire as to either the source or ownership of any nonprobate asset in its possession or under its control, or as to the proposed application of an asset so transferred. A transfer of a nonprobate asset in accordance with this section constitutes a complete release and discharge of the financial institution or other third party from all claims relating to the nonprobate asset, regardless of whether or not the transfer is consistent with the actual ownership of the nonprobate asset.


             NEW SECTION. Sec. 109. NOTICE--FORM--LIMITATION ON LIABILITY FOR FAILURE TO PROVIDE NOTICE. (1) Written notice under this chapter must be served personally or by certified mail, return receipt requested and postage prepaid, on the financial institution or other third party having the nonprobate asset in its possession or control, on the beneficiary, on the testamentary beneficiary, and on the personal representative, and proof of the mailing or service must be made by affidavit and filed under the cause number assigned to the owner's estate. Notice to a financial institution must include notice delivered as follows:

             (a) If the nonprobate asset was maintained at a specific office of the financial institution, notice must be delivered to the office at which the nonprobate asset was maintained, which notice must be directed to the manager of the office;

             (b) If the nonprobate asset was held in a trust administered by a financial institution, notice must be delivered to the office at which the trust was administered, which notice must be directed to a named officer responsible for the administration of the trust; and

             (c) In all cases, notice must be delivered to any other location and in any other manner specifically designated in a written agreement signed by the owner and the financial institution, including but not limited to a signature card or deposit agreement.

             (2) Written notice to a financial institution or other third party of the testamentary disposition of a nonprobate asset under this chapter must be in a form substantially similar to the following:

NOTICE OF TESTAMENTARY

DISPOSITION OF NONPROBATE ASSET

The undersigned personal representative, petitioner for appointment as personal representative, attorney for the personal representative or petitioner, or testamentary beneficiary under the will of the decedent named above (as that term is defined in section 104 of this act) hereby notifies you that the decedent named above died on (DATE MUST BE SUPPLIED) and left a will dated (DATE OF WILL MUST BE SUPPLIED) disposing of the following nonprobate asset or assets in your possession or control:

(EACH SUCH ASSET MUST BE DESCRIBED WITH REASONABLE SPECIFICITY. FOR ACCOUNTS AT FINANCIAL INSTITUTIONS, THE WRITTEN NOTICE MUST SPECIFY THE OFFICE AT WHICH THE ACCOUNT WAS MAINTAINED, THE NAME OR NAMES IN WHICH THE ACCOUNT WAS HELD, AND THE FULL ACCOUNT NUMBER. FOR ASSETS HELD IN TRUST, THE WRITTEN NOTICE MUST SPECIFY THE NAME OR NAMES OF THE GRANTOR, THE NAME OF THE TRUST, IF ANY, AND THE DATE OF THE TRUST INSTRUMENT.)

Under chapter 11.-- RCW (sections 101 through 116 of this act), you may not transfer, deliver, or otherwise dispose of the asset or assets listed above in accordance with the beneficiary designation, account registration, or other arrangement made with you by the decedent. You may transfer, deliver, or otherwise dispose of the asset or assets listed above only upon receipt of the written direction of the personal representative or of the testamentary beneficiary, if the personal representative consents.

                                                                                                        . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                                                                                                        . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                                                                                                        (CAPACITY OF SIGNER)

             (3) The personal representative of the estate of the owner, a petitioner for appointment as personal representative, or the testamentary beneficiary may provide written notice under this section. The personal representative has no duty to provide written notice under this section and has no liability for failing or refusing to give the notice.

             (4) Written notice under this section may be provided at any time after the death of the owner and before discharge of the personal representative on closing of the estate, and may be provided before admission to probate of the will.


             NEW SECTION. Sec. 110. VESTING OF RIGHTS AND POWERS UNDER CHAPTER. The right to provide notice under section 109 of this act and the entitlement of the testamentary beneficiary to the nonprobate asset vest immediately upon death of the owner. The power of the personal representative to direct the financial institution or other third party having the nonprobate asset in its possession or under its control to transfer or otherwise dispose of the asset arises upon the later of appointment of the personal representative or admission of the will to probate.


             NEW SECTION. Sec. 111. OWNERSHIP RIGHTS AS BETWEEN INDIVIDUALS PRESERVED--TESTAMENTARY BENEFICIARY MAY RECOVER NONPROBATE ASSET FROM BENEFICIARY--LIMITATION ON ACTION TO RECOVER. (1) The protection accorded to financial institutions and other third parties under section 108 of this act has no bearing on the actual rights of ownership to nonprobate assets as between beneficiaries and testamentary beneficiaries, and their heirs, successors, personal representatives, and assigns.

             (2) A testamentary beneficiary entitled to a nonprobate asset otherwise transferred to a beneficiary not so entitled, and a personal representative of the owner's estate on behalf of the testamentary beneficiary, may petition the superior court having jurisdiction over the owner's estate for an order declaring that the testamentary beneficiary is so entitled, the hearing of the petition to be held in accordance with chapter 11.96 RCW.

             (3) A testamentary beneficiary claiming a nonprobate asset who has not filed such a petition within the earlier of: (a) Six months from the date of admission of the will to probate; and (b) one year from the date of the owner's death, shall be forever barred from making such a claim or commencing such an action.


             NEW SECTION. Sec. 112. NONPROBATE ASSETS NOT PROPERTY OF ESTATE. (1) Notwithstanding any provision of this chapter, a nonprobate asset disposed of under the owner's will may not be treated as a part of the owner's probate estate for any other purpose under this title, unless:

             (a) The nonprobate asset is subject to liabilities and claims, estate taxes, and expenses of administration under RCW 11.18.200; or

             (b) Any section of this title directs otherwise, by specifically referring to this section.

             (2) Provision of notice under this chapter has no effect on the administration of other assets of the estate of the owner. The personal representative has no duty to administer upon a nonprobate asset because of providing the notice, unless specifically required by this chapter or under RCW 11.18.200.

             (3) RCW 11.12.110, regarding death of a devisee or legatee before the testator, does not apply to disposition of a nonprobate asset under a will.


             NEW SECTION. Sec. 113. TRANSFER OF NONPROBATE ASSET TO TESTAMENTARY BENEFICIARY. (1) A financial institution's or third party's obligation to transfer a nonprobate asset to a testamentary beneficiary arises only after it has actual knowledge of the claim of the testamentary beneficiary, and after receiving written direction from the personal representative of the owner's estate, or if the personal representative consents in writing, from the testamentary beneficiary, to make the transfer. The financial institution may also require that its customary procedures be followed in effectuating a transfer of the nonprobate asset.

             (2) Subject to subsection (1) of this section, financial institutions and other third parties may transfer a nonprobate asset that has not already been distributed to the testamentary beneficiary entitled to the nonprobate asset under the owner's will, subject to liabilities and claims, estate taxes, and expenses of administration under RCW 11.18.200.


             NEW SECTION. Sec. 114. AUTHORITY TO WITHHOLD TRANSFER. (1) This chapter does not require any financial institution or other third party to transfer a nonprobate asset to a beneficiary, testamentary beneficiary, or other person claiming an interest in the nonprobate asset if the financial institution or third party has actual knowledge of the existence of a dispute between beneficiaries, testamentary beneficiaries, or other persons concerning rights or ownership to the nonprobate asset under this chapter, or if the financial institution or third party is otherwise uncertain as to who is entitled to receive the nonprobate asset under this chapter. In any such case, the financial institution or third party may, without liability, notify in writing all beneficiaries, testamentary beneficiaries, or other persons claiming an interest in the nonprobate asset of either its uncertainty as to who is entitled to transfer of the nonprobate asset or the existence of any dispute, and it may also, without liability, refuse to transfer a nonprobate asset to a beneficiary or a testamentary beneficiary until such time as either:

             (a) All the beneficiaries, testamentary beneficiaries, and other interested persons have consented in writing to the transfer; or

             (b) The transfer is authorized or directed by a court of proper jurisdiction.

             (2) The expense of obtaining the written consent or court authorization or direction may, by order of the court, be paid by the personal representative as an expense of administration.


             NEW SECTION. Sec. 115. ADVERSE CLAIM BOND. Notwithstanding section 114 of this act, a financial institution or other third party having actual knowledge of the existence of a dispute between beneficiaries, a testamentary beneficiary, or other persons concerning rights to a nonprobate asset under this chapter may condition transfer of the nonprobate asset on execution, in form and with security acceptable to the financial institution or other third party, of a bond in an amount that is double the fair market value of the nonprobate asset on the date of the owner's death or the amount of any adverse claim, whichever is the lesser, indemnifying the financial institution or other third party from any and all liability, loss, damage, costs, and expenses, for and on account of transfer of the nonprobate asset.


             NEW SECTION. Sec. 116. APPLICATION OF CHAPTER. This chapter applies to any will of an owner who dies while a resident of this state on or after the effective date of this section, regardless of whether the will was executed or republished before or after the effective date of this section and regardless of whether the beneficiary of the nonprobate asset was designated before or after the effective date of this section.


             Sec. 117. RCW 11.02.005 and 1997 c 252 s 1 are each amended to read as follows:

             When used in this title, unless otherwise required from the context:

             (1) "Personal representative" includes executor, administrator, special administrator, and guardian or limited guardian and special representative.

             (2) "Net estate" refers to the real and personal property of a decedent exclusive of homestead rights, exempt property, the family allowance and enforceable claims against, and debts of, the deceased or the estate.

             (3) "Representation" refers to a method of determining distribution in which the takers are in unequal degrees of kinship with respect to the intestate, and is accomplished as follows: After first determining who, of those entitled to share in the estate, are in the nearest degree of kinship, the estate is divided into equal shares, the number of shares being the sum of the number of persons who survive the intestate who are in the nearest degree of kinship and the number of persons in the same degree of kinship who died before the intestate but who left issue surviving the intestate; each share of a deceased person in the nearest degree shall be divided among those of the deceased person's issue who survive the intestate and have no ancestor then living who is in the line of relationship between them and the intestate, those more remote in degree taking together the share which their ancestor would have taken had he or she survived the intestate. Posthumous children are considered as living at the death of their parent.

             (4) "Issue" includes all the lawful lineal descendants of the ancestor and all lawfully adopted children.

             (5) "Degree of kinship" means the degree of kinship as computed according to the rules of the civil law; that is, by counting upward from the intestate to the nearest common ancestor and then downward to the relative, the degree of kinship being the sum of these two counts.

             (6) "Heirs" denotes those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on the decedent's death intestate.

             (7) "Real estate" includes, except as otherwise specifically provided herein, all lands, tenements, and hereditaments, and all rights thereto, and all interest therein possessed and claimed in fee simple, or for the life of a third person.

             (8) "Will" means an instrument validly executed as required by RCW 11.12.020.

             (9) "Codicil" means a will that modifies or partially revokes an existing earlier will. A codicil need not refer to or be attached to the earlier will.

             (10) "Guardian" or "limited guardian" means a personal representative of the person or estate of an incompetent or disabled person as defined in RCW 11.88.010 and the term may be used in lieu of "personal representative" wherever required by context.

             (11) "Administrator" means a personal representative of the estate of a decedent and the term may be used in lieu of "personal representative" wherever required by context.

             (12) "Executor" means a personal representative of the estate of a decedent appointed by will and the term may be used in lieu of "personal representative" wherever required by context.

             (13) "Special administrator" means a personal representative of the estate of a decedent appointed for limited purposes and the term may be used in lieu of "personal representative" wherever required by context.

             (14) "Trustee" means an original, added, or successor trustee and includes the state, or any agency thereof, when it is acting as the trustee of a trust to which chapter 11.98 RCW applies.

             (15) "Nonprobate asset" means those rights and interests of a person having beneficial ownership of an asset that pass on the person's death under a written instrument or arrangement other than the person's will. "Nonprobate asset" includes, but is not limited to, a right or interest passing under a joint tenancy with right of survivorship, joint bank account with right of survivorship, payable on death or trust bank account, transfer on death security or security account, deed or conveyance if possession has been postponed until the death of the person, trust of which the person is grantor and that becomes effective or irrevocable only upon the person's death, community property agreement, individual retirement account or bond, or note or other contract the payment or performance of which is affected by the death of the person. "Nonprobate asset" does not include: A payable-on-death provision of a life insurance policy, annuity, or other similar contract, or of an employee benefit plan; a right or interest passing by descent and distribution under chapter 11.04 RCW; a right or interest if, before death, the person has irrevocably transferred the right or interest, the person has waived the power to transfer it or, in the case of contractual arrangement, the person has waived the unilateral right to rescind or modify the arrangement; or a right or interest held by the person solely in a fiduciary capacity. For the definition of "nonprobate asset" relating to revocation of a provision for a former spouse upon dissolution of marriage or declaration of invalidity of marriage, RCW 11.07.010(5) applies. For the definition of "nonprobate asset" relating to revocation of a provision for a former spouse upon dissolution of marriage or declaration of invalidity of marriage, see RCW 11.07.010(5). For the definition of "nonprobate asset" relating to testamentary disposition of nonprobate assets, see section 104(7) of this act.

             (16) "Internal Revenue Code" means the United States Internal Revenue Code of 1986, as amended or renumbered on January 1, ((1997)) 1998.

              Words that import the singular number may also be applied to the plural of persons and things.

              Words importing the masculine gender only may be extended to females also.


             Sec. 118. RCW 11.07.010 and 1997 c 252 s 2 are each amended to read as follows:

             (1) This section applies to all nonprobate assets, wherever situated, held at the time of entry by a superior court of this state of a decree of dissolution of marriage or a declaration of invalidity.

             (2)(a) If a marriage is dissolved or invalidated, a provision made prior to that event that relates to the payment or transfer at death of the decedent's interest in a nonprobate asset in favor of or granting an interest or power to the decedent's former spouse is revoked. A provision affected by this section must be interpreted, and the nonprobate asset affected passes, as if the former spouse failed to survive the decedent, having died at the time of entry of the decree of dissolution or declaration of invalidity.

             (b) This subsection does not apply if and to the extent that:

             (i) The instrument governing disposition of the nonprobate asset expressly provides otherwise;

             (ii) The decree of dissolution or declaration of invalidity requires that the decedent maintain a nonprobate asset for the benefit of a former spouse or children of the marriage, payable on the decedent's death either outright or in trust, and other nonprobate assets of the decedent fulfilling such a requirement for the benefit of the former spouse or children of the marriage do not exist at the decedent's death; or

             (iii) If not for this subsection, the decedent could not have effected the revocation by unilateral action because of the terms of the decree or declaration, or for any other reason, immediately after the entry of the decree of dissolution or declaration of invalidity.

             (3)(a) A payor or other third party in possession or control of a nonprobate asset at the time of the decedent's death is not liable for making a payment or transferring an interest in a nonprobate asset to a decedent's former spouse whose interest in the nonprobate asset is revoked under this section, or for taking another action in reliance on the validity of the instrument governing disposition of the nonprobate asset, before the payor or other third party has actual knowledge of the dissolution or other invalidation of marriage. A payor or other third party is liable for a payment or transfer made or other action taken after the payor or other third party has actual knowledge of a revocation under this section.

             (b) This section does not require a payor or other third party to pay or transfer a nonprobate asset to a beneficiary designated in a governing instrument affected by the dissolution or other invalidation of marriage, or to another person claiming an interest in the nonprobate asset, if the payor or third party has actual knowledge of the existence of a dispute between the former spouse and the beneficiaries or other persons concerning rights of ownership of the nonprobate asset as a result of the application of this section among the former spouse and the beneficiaries or among other persons, or if the payor or third party is otherwise uncertain as to who is entitled to the nonprobate asset under this section. In such a case, the payor or third party may, without liability, notify in writing all beneficiaries or other persons claiming an interest in the nonprobate asset of either the existence of the dispute or its uncertainty as to who is entitled to payment or transfer of the nonprobate asset. The payor or third party may also, without liability, refuse to pay or transfer a nonprobate asset in such a circumstance to a beneficiary or other person claiming an interest until the time that either:

             (i) All beneficiaries and other interested persons claiming an interest have consented in writing to the payment or transfer; or

             (ii) The payment or transfer is authorized or directed by a court of proper jurisdiction.

             (c) Notwithstanding subsections (1) and (2) of this section and (a) and (b) of this subsection, a payor or other third party having actual knowledge of the existence of a dispute between beneficiaries or other persons concerning rights to a nonprobate asset as a result of the application of this section may condition the payment or transfer of the nonprobate asset on execution, in a form and with security acceptable to the payor or other third party, of a bond in an amount that is double the fair market value of the nonprobate asset at the time of the decedent's death or the amount of an adverse claim, whichever is the lesser, or of a similar instrument to provide security to the payor or other third party, indemnifying the payor or other third party for any liability, loss, damage, costs, and expenses for and on account of payment or transfer of the nonprobate asset.

             (d) As used in this subsection, "actual knowledge" means, for a payor or other third party in possession or control of the nonprobate asset at or following the decedent's death, written notice to the payor or other third party, or to an officer of a payor or third party in the course of his or her employment, received after the decedent's death and within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge. The notice must identify the nonprobate asset with reasonable specificity. The notice also must be sufficient to inform the payor or other third party of the revocation of the provisions in favor of the decedent's spouse by reason of the dissolution or invalidation of marriage, or to inform the payor or third party of a dispute concerning rights to a nonprobate asset as a result of the application of this section. Receipt of the notice for a period of more than thirty days is presumed to be received within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge, but receipt of the notice for a period of less than five business days is presumed not to be a sufficient time for these purposes. These presumptions may be rebutted only by clear and convincing evidence to the contrary.

             (4)(a) A person who purchases a nonprobate asset from a former spouse or other person, for value and without actual knowledge, or who receives from a former spouse or other person payment or transfer of a nonprobate asset without actual knowledge and in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this section to return the payment, property, or benefit nor is liable under this section for the amount of the payment or the value of the nonprobate asset. However, a former spouse or other person who, with actual knowledge, not for value, or not in satisfaction of a legally enforceable obligation, receives payment or transfer of a nonprobate asset to which that person is not entitled under this section is obligated to return the payment or nonprobate asset, or is personally liable for the amount of the payment or value of the nonprobate asset, to the person who is entitled to it under this section.

             (b) As used in this subsection, "actual knowledge" means, for a person described in (a) of this subsection who purchases or receives a nonprobate asset from a former spouse or other person, personal knowledge or possession of documents relating to the revocation upon dissolution or invalidation of marriage of provisions relating to the payment or transfer at the decedent's death of the nonprobate asset, received within a time after the decedent's death and before the purchase or receipt that is sufficient to afford the person purchasing or receiving the nonprobate asset reasonable opportunity to act upon the knowledge. Receipt of the personal knowledge or possession of the documents for a period of more than thirty days is presumed to be received within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge, but receipt of the notice for a period of less than five business days is presumed not to be a sufficient time for these purposes. These presumptions may be rebutted only by clear and convincing evidence to the contrary.

             (5) As used in this section, "nonprobate asset" means those rights and interests of a person having beneficial ownership of an asset that pass on the person's death under only the following written instruments or arrangements other than the decedent's will:

             (a) A payable-on-death provision of a life insurance policy, employee benefit plan, annuity or similar contract, or individual retirement account;

             (b) A payable-on-death, trust, or joint with right of survivorship bank account;

             (c) A trust of which the person is a grantor and that becomes effective or irrevocable only upon the person's death; or

             (d) Transfer on death beneficiary designations of a transfer on death or pay on death security, if such designations are authorized under Washington law.

             ((However, for the general definition of "nonprobate asset" in this title, RCW 11.02.005 applies.)) For the general definition in this title of "nonprobate asset," see RCW 11.02.005(15) and for the definition of "nonprobate asset" relating to testamentary disposition of nonprobate assets, see section 104(7) of this act.

             (6) This section is remedial in nature and applies as of July 25, 1993, to decrees of dissolution and declarations of invalidity entered after July 24, 1993, and this section applies as of January 1, 1995, to decrees of dissolution and declarations of invalidity entered before July 25, 1993.


PART II--PROBATE


             Sec. 201. RCW 11.54.070 and 1997 c 252 s 54 are each amended to read as follows:

             (1) Except as provided in ((subsection)) RCW 11.54.060(2) ((of this section)), property awarded and cash paid under this chapter is immune from all debts, including judgments and judgment liens, of the decedent and of the surviving spouse existing at the time of death.

             (2) Both the decedent's and the surviving spouse's interests in any community property awarded to the spouse under this chapter are immune from the claims of creditors.


             Sec. 202. RCW 11.68.110 and 1997 c 252 s 68 are each amended to read as follows:

             (1) If a personal representative who has acquired nonintervention powers does not apply to the court for either of the final decrees provided for in RCW 11.68.100 as now or hereafter amended, the personal representative shall, when the administration of the estate has been completed, file a declaration that must state as follows:

             (a) The date of the decedent's death and the decedent's residence at the time of death;

             (b) Whether or not the decedent died testate or intestate;

             (c) If the decedent died testate, the date of the decedent's last will and testament and the date of the order probating the will;

             (d) That each creditor's claim which was justly due and properly presented as required by law has been paid or otherwise disposed of by agreement with the creditor, and that the amount of estate taxes due as the result of the decedent's death has been determined, settled, and paid;

             (e) That the personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be closed;

             (f) If the decedent died intestate, the names, addresses (if known), and relationship of each heir of the decedent, together with the distributive share of each heir; and

             (g) The amount of fees paid or to be paid to each of the following: (i) Personal representative or representatives; (ii) lawyer or lawyers; (iii) appraiser or appraisers; and (iv) accountant or accountants; and that the personal representative believes the fees to be reasonable and does not intend to obtain court approval of the amount of the fees or to submit an estate accounting to the court for approval.

             (2) Subject to the requirement of notice as provided in this section, unless an heir, devisee, or legatee of a decedent petitions the court either for an order requiring the personal representative to obtain court approval of the amount of fees paid or to be paid to the personal representative, lawyers, appraisers, or accountants, or for an order requiring an accounting, or both, within thirty days from the date of filing a declaration of completion of probate, the personal representative will be automatically discharged without further order of the court and the representative's powers will cease thirty days after the filing of the declaration of completion of probate, and the declaration of completion of probate shall, at that time, be the equivalent of the entry of a decree of distribution in accordance with chapter 11.76 RCW for all legal intents and purposes.

             (3) Within five days of the date of the filing of the declaration of completion, the personal representative or the personal representative's lawyer shall mail a copy of the declaration of completion to each heir, legatee, or devisee of the decedent, who: (a) Has not waived notice of the filing, in writing, filed in the cause((, or who, not having waived notice,)); and (b) either has not received the full amount of the distribution to which the heir, legatee, or devisee is entitled or has a property right that might be affected adversely by the discharge of the personal representative under this section, together with a notice which shall be substantially as follows:


CAPTION

OF

CASE

NOTICE OF FILING OF

DECLARATION OF COMPLETION

OF PROBATE





                                           NOTICE IS GIVEN that the attached Declaration of Completion of Probate was filed by the undersigned in the above-entitled court on the . . . . day of . . . . . ., 19. . .; unless you shall file a petition in the above-entitled court requesting the court to approve the reasonableness of the fees, or for an accounting, or both, and serve a copy thereof upon the personal representative or the personal representative's lawyer, within thirty days after the date of the filing, the amount of fees paid or to be paid will be deemed reasonable, the acts of the personal representative will be deemed approved, the personal representative will be automatically discharged without further order of the court, and the Declaration of Completion of Probate will be final and deemed the equivalent of a Decree of Distribution entered under chapter 11.76 RCW.

             If you file and serve a petition within the period specified, the undersigned will request the court to fix a time and place for the hearing of your petition, and you will be notified of the time and place thereof, by mail, or personal service, not less than ten days before the hearing on the petition.

             Dated this . . . . day of . . . . . ., 19. . .

                                                                 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                                                                                                  Personal Representative


             (4) If all heirs, devisees, and legatees of the decedent entitled to notice under this section waive, in writing, the notice required by this section, the personal representative will be automatically discharged without further order of the court and the declaration of completion of probate will become effective as a decree of distribution upon the date of filing thereof. In those instances where the personal representative has been required to furnish bond, and a declaration of completion is filed pursuant to this section, any bond furnished by the personal representative shall be automatically discharged upon the discharge of the personal representative.


             Sec. 203. RCW 11.68.114 and 1997 c 252 s 70 are each amended to read as follows:

             (1) The personal representative retains the powers to: Deal with the taxing authority of any federal, state, or local government; hold a reserve in an amount not to exceed three thousand dollars, for the determination and payment of any additional taxes, interest, and penalties, and of all reasonable expenses related directly or indirectly to such determination or payment; pay from the reserve the reasonable expenses, including compensation for services rendered or goods provided by the personal representative or by the personal representative's employees, independent contractors, and other agents, in addition to any taxes, interest, or penalties assessed by a taxing authority; receive and hold any credit, including interest, from any taxing authority; and distribute the residue of the reserve to the intended beneficiaries of the reserve; if:

             (a) In lieu of the statement set forth in RCW 11.68.110(1)(e), the declaration of completion of probate states that:

The personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be closed, except for the determination of taxes and of interest and penalties thereon as permitted under this section;

and

             (b) The notice of the filing of declaration of completion of probate must be in substantially the following form:


CAPTION

OF

CASE

NOTICE OF FILING OF

DECLARATION OF COMPLETION

OF PROBATE





 

NOTICE IS GIVEN that the attached Declaration of Completion of Probate was filed by the undersigned in the above-entitled court on the . . . day of . . . . , . . . .; unless you file a petition in the above-entitled court requesting the court to approve the reasonableness of the fees, or for an accounting, or both, and serve a copy thereof upon the personal representative or the personal representative's lawyer, within thirty days after the date of the filing:

(i) The schedule of fees set forth in the Declaration of Completion of Probate will be deemed reasonable;

(ii) The Declaration of Completion of Probate will be final and deemed the equivalent of a Decree of Distribution entered under chapter 11.76 RCW;

(iii) The acts that the personal representative performed before the Declaration of Completion of Probate was filed will be deemed approved, and the personal representative will be automatically discharged without further order of the court with respect to all such acts; and

(iv) The personal representative will retain the power to deal with the taxing authorities, together with $. . . . for the determination and payment of all remaining tax obligations. Only that portion of the reserve that remains after the settlement of any tax liability, and the payment of any expenses associated with such settlement, will be distributed to the persons legally entitled to the reserve.


             (2) If the requirements in subsection (1) of this section are met, the personal representative is discharged from all claims other than those relating to the settlement of any tax obligations and the actual distribution of the reserve, at the effective date of the declaration of completion. The personal representative is discharged from liability from the settlement of any tax obligations and the distribution of the reserve, and the personal representative's powers cease, thirty days after the personal representative((:

             (a))) has mailed to those persons who would have shared in the distribution of the reserve had the reserve remained intact((;)) and

             (((b))) has filed with the court copies of checks or receipts showing how the reserve was in fact distributed, unless a person with an interest in the reserve petitions the court earlier within the thirty-day period for an order requiring an accounting of the reserve or an order determining the reasonableness, or lack of reasonableness, of distributions made from the reserve. If the personal representative has been required to furnish a bond, any bond furnished by the personal representative is automatically discharged upon the final discharge of the personal representative.


             Sec. 204. 1997 c 252 s 87 (uncodified) is amended to read as follows:

             The following acts or parts of acts are each repealed, effective December 31, 1997, for estates of decedents dying after December 31, 1997:

             (1) RCW 11.40.011 and 1989 c 333 s 2, 1983 c 201 s 1, & 1967 ex.s. c 106 s 3;

             (2) RCW 11.40.012 and 1989 c 333 s 3;

             (3) RCW 11.40.013 and 1994 c 221 s 26 & 1989 c 333 s 4;

             (4) RCW 11.40.014 and 1989 c 333 s 5;

             (5) RCW 11.40.015 and 1994 c 221 s 27 & 1989 c 333 s 6;

             (6) RCW 11.42.160 and 1994 c 221 s 46;

             (7) RCW 11.42.170 and 1994 c 221 s 47;

             (8) RCW 11.42.180 and 1994 c 221 s 48;

             (9) RCW 11.44.066 and 1990 c 180 s 1 & 1974 ex.s. c 117 s 49;

             (10) RCW 11.52.010 and 1987 c 442 s 1116, 1984 c 260 s 17, 1974 ex.s. c 117 s 7, 1971 ex.s. c 12 s 2, 1967 c 168 s 12, & 1965 c 145 s 11.52.010;

             (11) RCW 11.52.012 and 1985 c 194 s 1, 1984 c 260 s 18, 1977 ex.s. c 234 s 9, 1974 ex.s. c 117 s 8, & 1965 c 145 s 11.52.012;

             (12) RCW 11.52.014 and 1965 c 145 s 11.52.014;

             (13) RCW 11.52.016 and 1988 c 202 s 18, 1972 ex.s. c 80 s 1, & 1965 c 145 s 11.52.016;

             (14) RCW 11.52.020 and 1985 c 194 s 2, 1984 c 260 s 19, 1974 ex.s. c 117 s 9, 1971 ex.s. c 12 s 3, 1967 c 168 s 13, & 1965 c 145 s 11.52.020;

             (15) RCW 11.52.022 and 1985 c 194 s 3, 1984 c 260 s 20, 1977 ex.s. c 234 s 10, 1974 ex.s. c 117 s 10, 1971 ex.s. c 12 s 4, & 1965 c 145 s 11.52.022;

             (16) RCW 11.52.024 and 1972 ex.s. c 80 s 2 & 1965 c 145 s 11.52.024;

             (17) RCW 11.52.030 and 1965 c 145 s 11.52.030;

             (18) RCW 11.52.040 and 1965 c 145 s 11.52.040;

             (19) RCW 11.52.050 and 1967 c 168 s 14;

             (20) RCW 11.68.010 and 1994 c 221 s 50, 1977 ex.s. c 234 s 18, 1974 ex.s. c 117 s 13, 1969 c 19 s 1, & 1965 c 145 s 11.68.010;

             (21) RCW 11.68.020 and 1974 ex.s. c 117 s 14 & 1965 c 145 s 11.68.020;

             (22) RCW 11.68.030 and 1977 ex.s. c 234 s 19, 1974 ex.s. c 117 s 15, & 1965 c 145 s 11.68.030; and

             (23) RCW 11.68.040 and 1977 ex.s. c 234 s 20, 1974 ex.s. c 117 s 16, & 1965 c 145 s 11.68.040.


             Sec. 205. 1997 c 252 s 89 (uncodified) is amended to read as follows:

             Sections 1 through ((73 of this act)) 72, chapter 252, Laws of 1997 apply to estates of decedents dying after December 31, 1997. Sections 81 through 86, chapter 252, Laws of 1997 apply to all estates, trusts, and governing instruments in existence on or at any time after March 7, 1984, and to all proceedings with respect thereto after March 7, 1984, whether the proceedings commenced before or after March 7, 1984, and including distributions made after March 7, 1984. Sections 81 through 86, chapter 252, Laws of 1997 do not apply to any governing instrument, the terms of which expressly or by necessary implication make the application of sections 81 through 86, chapter 252, Laws of 1997 inapplicable. The judicial and nonjudicial dispute resolution procedures of chapter 11.96 RCW apply to sections 81 through 86, chapter 252, Laws of 1997.


PART III--UNIFORM TRANSFERS TO MINORS ACT


             Sec. 301. RCW 11.114.030 and 1991 c 193 s 3 are each amended to read as follows:

             (1) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: ". . . . . . as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act." The nomination may name one or more persons as substitute custodians to whom the property shall be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.

             As an alternative to naming a specific person as custodian, the nomination may provide that the custodian may be designated by the legal representative of, or other person specified by, the person having the right to designate the recipient of the property described in this subsection. The person having the right of designation of the custodian is authorized to designate himself or herself as custodian, if he or she falls within the class of persons eligible to serve as custodian under RCW 11.114.090(1).

             (2) A custodian nominated under this section shall be a person to whom a transfer of property of that kind may be made under RCW 11.114.090(1).

             (3) Instead of designating one specific minor, the designation may specify multiple persons or a class or classes of persons, but when the custodial property is actually created under subsection (4) of this section, it must be constituted as a separate custodianship for each beneficiary, and each beneficiary's interest in it must be determined in accordance with the governing instrument and applicable law.

             (4) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under RCW 11.114.090. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to RCW 11.114.090.


PART IV--INTERNAL REVENUE CODE REFERENCES


             Sec. 401. RCW 83.100.020 and 1994 c 221 s 70 are each amended to read as follows:

             As used in this chapter:

             (1) "Decedent" means a deceased individual;

             (2) "Department" means the department of revenue, the director of that department, or any employee of the department exercising authority lawfully delegated to him by the director;

             (3) "Federal credit" means (a) for a transfer, the maximum amount of the credit for state taxes allowed by section 2011 of the Internal Revenue Code; and (b) for a generation-skipping transfer, the maximum amount of the credit for state taxes allowed by section 2604 of the Internal Revenue Code;

             (4) "Federal return" means any tax return required by chapter 11 or 13 of the Internal Revenue Code;

             (5) "Federal tax" means (a) for a transfer, a tax under chapter 11 of the Internal Revenue Code; and (b) for a generation-skipping transfer, the tax under chapter 13 of the Internal Revenue Code;

             (6) "Generation-skipping transfer" means a "generation-skipping transfer" as defined and used in section 2611 of the Internal Revenue Code;

             (7) "Gross estate" means "gross estate" as defined and used in section 2031 of the Internal Revenue Code;

             (8) "Nonresident" means a decedent who was domiciled outside Washington at his death;

             (9) "Person" means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate, or other entity and, to the extent permitted by law, any federal, state, or other governmental unit or subdivision or agency, department, or instrumentality thereof;

             (10) "Person required to file the federal return" means any person required to file a return required by chapter 11 or 13 of the Internal Revenue Code, such as the personal representative of an estate; or a transferor, trustee, or beneficiary of a generation-skipping transfer; or a qualified heir with respect to qualified real property, as defined and used in section 2032A(c) of the Internal Revenue Code;

             (11) "Property" means (a) for a transfer, property included in the gross estate; and (b) for a generation-skipping transfer, all real and personal property subject to the federal tax;

             (12) "Resident" means a decedent who was domiciled in Washington at time of death;

             (13) "Transfer" means "transfer" as used in section 2001 of the Internal Revenue Code, or a disposition or cessation of qualified use as defined and used in section 2032A(c) of the Internal Revenue Code;

             (14) "Trust" means "trust" under Washington law and any arrangement described in section 2652 of the Internal Revenue Code; and

             (15) "Internal Revenue Code" means, for the purposes of this chapter and RCW 83.110.010, the United States Internal Revenue Code of 1986, as amended or renumbered on January 1, ((1995)) 1998.


             Sec. 402. RCW 83.110.010 and 1994 c 221 s 71 are each amended to read as follows:

             As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

             (1) "Estate" means the gross estate of a decedent as determined for the purpose of federal estate tax and the estate tax payable to this state;

             (2) "Excise tax" means the federal excise tax imposed by section 4980A(d) of the Internal Revenue Code, and interest and penalties imposed in addition to the excise tax;

             (3) "Fiduciary" means executor, administrator of any description, and trustee;

             (4) "Internal Revenue Code" means the United States Internal Revenue Code of 1986, as ((amended or renumbered on January 1, 1995)) defined in and as of the date specified in RCW 83.100.020;

             (5) "Person" means any individual, partnership, association, joint stock company, corporation, government, political subdivision, governmental agency, or local governmental agency;

             (6) "Persons interested in retirement distributions" means any person determined as of the date the excise tax is due, including a personal representative, guardian, trustee, or beneficiary, entitled to receive, or who has received, by reason of or following the death of a decedent, any property or interest therein which constitutes a retirement distribution as defined in section 4980A(e) of the Internal Revenue Code, but this definition excludes any alternate payee under a qualified domestic relations order as such terms are defined in section 414(p) of the Internal Revenue Code;

             (7) "Person interested in the estate" means any person, including a personal representative, guardian, or trustee, entitled to receive, or who has received, from a decedent while alive or by reason of the death of a decedent any property or interest therein included in the decedent's taxable estate;

             (8) "Qualified heir" means a person interested in the estate who is entitled to receive, or who has received, an interest in qualified real property;

             (9) "Qualified real property" means real property for which the election described in section 2032A of the Internal Revenue Code has been made;

             (10) "State" means any state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; and

             (11) "Tax" means the federal estate tax, the excise tax defined in subsection (2) of this section, and the estate tax payable to this state and interest and penalties imposed in addition to the tax.


PART V--MISCELLANEOUS--EFFECTIVE DATES


             NEW SECTION. Sec. 501. Part headings and section captions used in this act are not any part of the law.


             NEW SECTION. Sec. 502. Sections 101 through 116 of this act constitute a new chapter in Title 11 RCW.


             NEW SECTION. Sec. 503. (1) Sections 101 through 116 and 118 of this act take effect July 1, 1999.

             (2) Sections 117, 201 through 205, 301, 401, and 504 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.


             NEW SECTION. Sec. 504. (1) Sections 201 through 205 of this act are remedial in nature and apply retroactively to July 27, 1997, and thereafter.

             (2) Section 301 of this act is remedial in nature and applies retroactively to July 1, 1991, and thereafter."

 

Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6182          Prime Sponsor, Senate Committee on Law & Justice: Allowing for interstate professional services corporations. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass as amended.


             On page 5, after line 29, insert the following:


             "Sec. 6. RCW 18.100.114 and 1983 c 51 s 8 are each amended to read as follows:

             (((1))) A corporation organized under this chapter may merge or consolidate with another corporation, domestic or foreign, organized to render the same specific professional services, only if every shareholder of each corporation is eligible to be a shareholder of the surviving or new corporation.

             (((2) Upon the merger or consolidation of a corporation organized under this chapter, the surviving or new corporation, as the case may be, may render professional services in this state only if it is organized under, and complies with, the provisions of this chapter.))


             NEW SECTION. Sec. 7. A new section is added to chapter 18.100 RCW to read as follows:

             A foreign professional corporation may render professional services in this state so long as it complies with chapter 23B.15 RCW and each individual rendering professional services in this state is duly licensed or otherwise legally authorized to render such professional services within this state."


             Correct the title.

 

Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.


             Passed to Rules Committee for second reading.


February 27, 1998

SB 6183            Prime Sponsor, Senator Johnson: Regulating shareholder rights under the Washington business corporation act. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Constantine, Carrell, Kenney, Lambert, Mulliken and Sherstad.

             Excused: Representatives Costa, Cody, Lantz and Robertson.


             Passed to Rules Committee for second reading.


February 26, 1998

ESSB 6191       Prime Sponsor, Senate Committee on Law & Justice: Changing statutes affecting deeds of trust. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass as amended.


             On page 27, line 8, after "property" insert "((,))"


             On page 27, line 9, after "7.28.230(3)" strike "," and insert "; or"

 

Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.


             Passed to Rules Committee for second reading.


February 26, 1998

ESSB 6203       Prime Sponsor, Senate Committee on Agriculture & Environment: Authorizing exemptions from solid waste designations. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 70.95.020 and 1985 c 345 s 2 are each amended to read as follows:

             The purpose of this chapter is to establish a comprehensive state-wide program for solid waste handling, and solid waste recovery and/or recycling which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of this state. To this end it is the purpose of this chapter:

             (1) To assign primary responsibility for adequate solid waste handling to local government, reserving to the state, however, those functions necessary to assure effective programs throughout the state;

             (2) To provide for adequate planning for solid waste handling by local government;

             (3) To provide for the adoption and enforcement of basic minimum performance standards for solid waste handling;

             (4) To provide technical and financial assistance to local governments in the planning, development, and conduct of solid waste handling programs;

             (5) To encourage storage, proper disposal, and recycling of discarded vehicle tires and to stimulate private recycling programs throughout the state; and

             (6) To encourage the development and operation of waste recycling facilities and activities needed to accomplish the management priority of waste recycling and to promote consistency in the permitting requirements for such facilities and activities throughout the state.

             It is the intent of the legislature that local governments be encouraged to use the expertise of private industry and to contract with private industry to the fullest extent possible to carry out solid waste recovery and/or recycling programs.


             NEW SECTION. Sec. 2. A new section is added to chapter 70.95 RCW to read as follows:

             (1) The department may by rule exempt a solid waste from the permitting requirements of this chapter for one or more beneficial uses. In adopting such rules, the department shall specify both the solid waste that is exempted from the permitting requirements and the beneficial use or uses for which the solid waste is so exempted. The department shall consider: (a) Whether the material will be beneficially used or reused; and (b) whether the beneficial use or reuse of the material will present threats to human health or the environment.

             (2) The department may also exempt a solid waste from the permitting requirements of this chapter for one or more beneficial uses by approving an application for such an exemption. The department shall establish by rule procedures under which a person may apply to the department for such an exemption. The rules shall establish criteria for providing such an exemption, which shall include, but not be limited to: (a) The material will be beneficially used or reused; and (b) the beneficial use or reuse of the material will not present threats to human health or the environment. Rules adopted under this subsection shall identify the information that an application shall contain. Persons seeking such an exemption shall apply to the department under the procedures established by the rules adopted under this subsection.

             (3) After receipt of an application filed under rules adopted under subsection (2) of this section, the department shall review the application to determine whether it is complete, and forward a copy of the completed application to all jurisdictional health departments for review and comment. Within forty-five days, the jurisdictional health departments shall forward to the department their comments and any other information they deem relevant to the department's decision to approve or disapprove the application. Every complete application shall be approved or disapproved by the department within ninety days of receipt. If the application is approved by the department, the solid waste is exempt from the permitting requirements of this chapter when used anywhere in the state in the manner approved by the department. If the composition, use, or reuse of the solid waste is not consistent with the terms and conditions of the department's approval of the application, the use of the solid waste remains subject to the permitting requirements of this chapter.

             (4) The department shall establish procedures by rule for providing to the public and the solid waste industry notice of and an opportunity to comment on each application for an exemption under subsection (2) of this section.

             (5) Any jurisdictional health department or applicant may appeal the decision of the department to approve or disapprove an application under subsection (3) of this section. The appeal shall be made to the pollution control hearings board by filing with the hearings board a notice of appeal within thirty days of the decision of the department. The hearings board's review of the decision shall be made in accordance with chapter 43.21B RCW and any subsequent appeal of a decision of the board shall be made in accordance with RCW 43.21B.180.

             (6) This section shall not be deemed to invalidate the exemptions or determinations of nonapplicability in the department's solid waste rules as they exist on the effective date of this section, which exemptions and determinations are recognized and confirmed subject to the department's continuing authority to modify or revoke those exemptions or determinations by rule.


             Sec. 3. RCW 70.95.170 and 1997 c 213 s 2 are each amended to read as follows:

             Except as provided otherwise in section 5 or 6 of this act, after approval of the comprehensive solid waste plan by the department no solid waste handling facility or facilities shall be maintained, established, or modified until the county, city, or other person operating such site has obtained a permit ((from the jurisdictional health department)) pursuant to ((the provisions of)) RCW 70.95.180 or 70.95.190.


             Sec. 4. RCW 70.95.190 and 1997 c 213 s 4 are each amended to read as follows:

             (1) Every permit for an existing solid waste handling facility issued pursuant to RCW 70.95.180 shall be renewed at least every five years on a date established by the jurisdictional health department having jurisdiction of the site and as specified in the permit. If a permit is to be renewed for longer than one year, the local jurisdictional health department may hold a public hearing before making such a decision. Prior to renewing a permit, the health department shall conduct a review as it deems necessary to assure that the solid waste handling facility or facilities located on the site continues to meet minimum functional standards of the department, applicable local regulations, and are not in conflict with the approved solid waste management plan. A jurisdictional health department shall approve or disapprove a permit renewal within forty-five days of conducting its review. The department shall review and may appeal the renewal as set forth for the approval of permits in RCW 70.95.185.

             (2) The jurisdictional board of health may establish reasonable fees for permits reviewed under this section. All permit fees collected by the health department shall be deposited in the treasury and to the account from which the health department's operating expenses are paid.


             NEW SECTION. Sec. 5. A new section is added to chapter 70.95 RCW to read as follows:

             (1) Notwithstanding any other provision of this chapter, the department may by rule exempt from the requirements to obtain a solid waste handling permit any category of solid waste handling facility that it determines to:

             (a) Present little or no environmental risk; and

             (b) Meet the environmental protection and performance requirements required for other similar solid waste facilities.

             (2) This section does not apply to any facility or category of facilities that:

             (a) Receives municipal solid waste destined for final disposal, including but not limited to transfer stations, landfills, and incinerators;

             (b) Applies putrescible solid waste on land for final disposal purposes;

             (c) Handles mixed solid wastes that have not been processed to segregate solid waste materials destined for disposal from other solid waste materials destined for a beneficial use;

             (d) Receives or processes organic waste materials into compost in volumes that generally far exceed those handled by municipal park departments, master gardening programs, and households; or

             (e) Receives solid waste destined for recycling or reuse, the operation of which is determined by the department to present risks to human health and the environment.

             (3) Rules adopted under this section shall contain such terms and conditions as the department deems necessary to ensure compliance with applicable statutes and rules. If a facility does not operate in compliance with the terms and conditions established for an exemption under subsection (1) of this section, the facility is subject to the permitting requirements for solid waste handling under this chapter.

             (4) This section shall not be deemed to invalidate the exemptions or determinations of nonapplicability in the department's solid waste rules as they exist on the effective date of this section, which exemptions and determinations are recognized and confirmed subject to the department's continuing authority to modify or revoke those exemptions or determinations by rule.


             NEW SECTION. Sec. 6. A new section is added to chapter 70.95 RCW to read as follows:

             (1) Notwithstanding any other provisions of this chapter, the department shall adopt rules:

             (a) Describing when a jurisdictional health department may, at its discretion, waive the requirement that a permit be issued for a facility under this chapter if other air, water, or environmental permits are issued for the same facility. As used in this section, a jurisdictional health department's waiving the requirement that a permit be issued for a facility under this chapter based on the issuance of such other permits for the facility is the health department's "deferring" to the other permits; and

             (b) Allowing deferral only if the applicant and the jurisdictional health department demonstrate that other permits for the facility will provide a comparable level of protection for human health and the environment that would be provided by a solid waste handling permit.

             (2) This section does not apply to any transfer station, landfill, or incinerator that receives municipal solid waste destined for final disposal.

             (3) If, before the effective date of this section, either the department or a jurisdictional health department has deferred solid waste permitting or regulation of a solid waste facility to permitting or regulation under other environmental permits for the same facility, such deferral is valid and shall not be affected by the rules developed under subsection (1) of this section.

             (4) Rules adopted under this section shall contain such terms and conditions as the department deems necessary to ensure compliance with applicable statutes and rules.


             NEW SECTION. Sec. 7. A new section is added to chapter 70.95 RCW to read as follows:

             The department may assess a civil penalty in an amount not to exceed one thousand dollars per day per violation to any person exempt from solid waste permitting in accordance with section 2 or 5 of this act who fails to comply with the terms and conditions of the exemption. Each such violation shall be a separate and distinct offense, and in the case of a continuing violation, each day's continuance shall be a separate and distinct violation.


             Sec. 8. RCW 43.21B.110 and 1993 c 387 s 22 are each amended to read as follows:

             (1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, the administrator of the office of marine safety, and the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, or local health departments:

             (a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330.

             (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, and 90.48.120.

             (c) The issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, ((or)) the modification of the conditions or the terms of a waste disposal permit, or a decision to approve or deny an application for a solid waste permit exemption under section 2 of this act.

             (d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.

             (e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.

             (f) Any other decision by the department, the administrator of the office of marine safety, or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.

             (2) The following hearings shall not be conducted by the hearings board:

             (a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.

             (b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.

             (c) Proceedings by the department relating to general adjudications of water rights pursuant to chapter 90.03 or 90.44 RCW.

             (d) Hearings conducted by the department to adopt, modify, or repeal rules.

             (3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the Administrative Procedure Act, chapter 34.05 RCW.


             NEW SECTION. Sec. 9. A new section is added to chapter 70.95 RCW to read as follows:

             Nothing in chapter . . ., Laws of 1998 (this act) may be construed to affect chapter 81.77 RCW and the authority of the utilities and transportation commission."


             Correct the title.

 

Signed by Representatives Chandler, Chairman; Parlette, Vice Chairman; Schoesler, Vice Chairman; Linville, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Delvin; Koster; Mastin and Sump.

 

MINORITY recommendation: Do not pass. Signed by Representatives Cooper and Regala.


             Voting Yea: Representatives Schoesler, Linville, Anderson, Delvin, Koster and Sump.

             Voting Nay: Representatives Cooper and Regala.

             Excused: Representatives Chandler, Parlette and Mastin.


             Referred to Committee on Appropriations.


February 27, 1998

ESSB 6204       Prime Sponsor, Senate Committee on Agriculture & Environment: Increasing the efficiency of registering and identifying livestock. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 16.57.010 and 1996 c 105 s 1 are each amended to read as follows:

             For the purpose of this chapter:

             (1) "Department" means the department of agriculture of the state of Washington.

             (2) "Director" means the director of the department or a duly appointed representative.

             (3) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.

             (4) "Livestock" includes, but is not limited to, horses, mules, cattle, sheep, swine, goats, poultry and rabbits.

             (5) "Brand" means a permanent fire brand or any artificial mark, other than an individual identification symbol, approved by the ((director)) board to be used in conjunction with a brand or by itself.

             (6) "Production record brand" means a number brand which shall be used for production identification purposes only.

             (7) "((Brand)) Livestock inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides and/or the application of any artificial identification such as back tags or ear clips necessary to preserve the identity of the livestock or livestock hides examined.

             (8) "Individual identification symbol" means a permanent mark placed on a horse for the purpose of individually identifying and registering the horse and which has been approved for use as such by the ((director)) board.

             (9) "Registering agency" means any person issuing an individual identification symbol for the purpose of individually identifying and registering a horse.

             (10) "Poultry" means chickens, turkeys, ratites, and other domesticated fowl.

             (11) "Ratite" means, but is not limited to, ostrich, emu, rhea, or other flightless bird used for human consumption, whether live or slaughtered.

             (12) "Ratite farming" means breeding, raising, and rearing of an ostrich, emu, or rhea in captivity or an enclosure.

             (13) "Microchipping" means the implantation of an identification microchip or similar electronic identification device to establish the identity of an individual animal:

             (a) In the pipping muscle of a chick ratite or the implantation of a microchip in the tail muscle of an otherwise unidentified adult ratite;

             (b) In the nuchal ligament of a horse unless otherwise specified by rule of the ((director)) board; and

             (c) In locations of other livestock species as specified by rule of the ((director)) board when requested by an association of producers of that species of livestock.

             (14) "Livestock identification board" or "board" means the board established under RCW 16.57.015.

             (15) "Certificate of permit" means a form prescribed by and obtained from the board that is completed by the owner or a person authorized to act on behalf of the owner to show the ownership of livestock. It does not evidence inspection of livestock.

             (16) "Inspection certificate" means a certificate issued by the board documenting the ownership of livestock based on an inspection of livestock by the board. It includes an individual identification certificate issued by the board.

             (17) "Self-inspection certificate" means a form prescribed by and obtained from the board that is used for self-inspection of cattle or horses and is signed by the buyer and seller of the cattle or horses.


             Sec. 2. RCW 16.57.015 and 1993 c 354 s 10 are each amended to read as follows:

             (1) ((The director shall establish a livestock identification advisory board. The board shall be composed of six members appointed by the director. One member shall represent each of the following groups: Beef producers, public livestock market operators, horse owners, dairy farmers, cattle feeders, and meat processors. In making appointments, the director shall solicit nominations from organizations representing these groups state-wide.

             (2) The purpose of the board is to provide advice to the director regarding livestock identification programs administered under this chapter and regarding brand inspection fees and related licensing fees. The director shall consult the board before adopting, amending, or repealing a rule under this chapter or altering a fee under RCW 16.58.050, 16.58.130, 16.65.030, or 16.65.090. If the director publishes in the state register a proposed rule to be adopted under the authority of this chapter or a proposed rule setting a fee under RCW 16.58.050, 16.58.130, 16.65.030, or 16.65.090 and the rule has not received the approval of the advisory board, the director shall file with the board a written statement setting forth the director's reasons for proposing the rule without the board's approval.

             (3) The members of the advisory board serve three-year terms. However, the director shall by rule provide shorter initial terms for some of the members of the board to stagger the expiration of the initial terms. The members serve without compensation. The director may authorize the expenses of a member to be reimbursed if the member is selected to attend a regional or national conference or meeting regarding livestock identification. Any such reimbursement shall be in accordance with RCW 43.03.050 and 43.03.060.)) There is established a Washington state livestock identification board. The board is composed of the director, who shall be a nonvoting member, and six voting members appointed by the governor as follows: One beef producer, one cattle feeder, one dairy producer, one livestock market owner, one meat packer, and one horse producer. Organizations representing the groups represented on the board may submit nominations for these appointments to the governor for the governor's consideration. Three members of the initial board shall be appointed for two years and two members shall be appointed for three years, thereafter gubernatorially appointed members shall be appointed for a three-year term. Members may succeed themselves. As used in this subsection, "meat packer" means a person licensed to operate a slaughtering establishment under chapter 16.49A RCW.

             (2) The board shall be responsible for the administration of the livestock identification program which includes the review of recording and registration of brands, approval of all expenditures from the livestock identification account, administration of this chapter and chapters 16.58 and 16.65 RCW, administration of the inspection, enforcement, and licensing activities, fee setting, and holding hearings and adopting rules for the administration of the livestock identification program. Authorities and responsibilities other than rule making that are granted to the board by this chapter and chapters 16.58 and 16.65 RCW may be delegated by the board to duly authorized representatives of the board. The board shall adopt rules regarding such authorities and responsibilities in accordance with chapter 34.05 RCW.

             (3) Until June 30, 2004, the board shall contract with the department for registration and recording and for livestock inspection or investigation work and fix the compensation and terms of the contract. Beginning July 1, 2004, the board may contract with the department or other entities to provide such registration, recording, inspection, or investigation. The board may also enter into agreements with Washington state licensed and accredited veterinarians, or other persons, who have been certified by the board, to perform livestock inspection. Fees for livestock inspection performed by a certified veterinarian shall be collected by the veterinarian and remitted to the board. Veterinarians providing livestock inspection may charge a fee for livestock inspection that is separate from the fees provided in RCW 16.57.220. The board may adopt rules necessary to implement livestock inspection performed by veterinarians and may adopt fees to cover the cost associated with certification of veterinarians.

             (4) Members of the board shall receive compensation as provided by RCW 43.03.240 and travel expenses to meetings or in otherwise carrying out the duties of the board as provided under RCW 43.03.050 and 43.03.060. The board shall meet at least quarterly in each calendar year. The board shall hire staff as necessary to carry out its duties.

             (5) The board may select the area of the state in which to locate its principal office, which may include an area that is, by and large, near the geographic center of the state. The department shall examine the rental and other costs of locating the principal office from which it administers any contract it has with the board in an area that is, by and large, near the geographic center of the state. The department shall compare these costs with those of maintaining the principal office in its current location. The department shall report its findings to the board and shall consider moving its principal office for such administration to such an area if it would be more cost-effective to do so.


             NEW SECTION. Sec. 3. A new section is added to chapter 16.57 RCW to read as follows:

             There is established a Washington state livestock identification account in the agricultural local fund created under RCW 43.23.230 into which all moneys collected or received from registration, recording, inspection, or enforcement under this chapter and moneys collected or received by the board under chapters 16.58 and 16.65 RCW shall be deposited. These moneys shall be used solely for the Washington state livestock identification program. Only the board may authorize expenditures from this account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.


             Sec. 4. RCW 16.57.020 and 1994 c 46 s 7 are each amended to read as follows:

             (1) The ((director)) board shall be the recorder of livestock brands and such brands shall not be recorded elsewhere in this state. Any person desiring to register a livestock brand shall apply on a form prescribed by the ((director)) board. Such application shall be accompanied by a facsimile of the brand applied for and a ((thirty-five)) seventy-dollar recording fee. The ((director)) board shall, upon ((his or her)) their satisfaction that the application and brand facsimile meet the requirements of this chapter and/or rules adopted hereunder, record such brand.

             (2) As provided in RCW 16.57.015, the director of agriculture may be designated by the board as the recorder of livestock brands. If the director is so designated, the recording fee shall be deposited by the director in the Washington state livestock identification account and shall be used solely for livestock identification program purposes as provided in this chapter and only as authorized by the board.

             (3) This section is null and void unless subsections (1) through (5) of section 2 of this act and section 96 of this act become law.


             Sec. 5. RCW 16.57.030 and 1959 c 54 s 3 are each amended to read as follows:

             The ((director)) board shall not record tattoo brands or marks for any purpose subsequent to the enactment of this chapter. However, all tattoo brands and marks of record on the date of the enactment of this chapter shall be recognized as legal ownership brands or marks.


             Sec. 6. RCW 16.57.040 and 1974 ex.s. c 64 s 1 are each amended to read as follows:

             The ((director)) board may provide for the use of production record brands. Numbers for such brands shall be issued at the discretion of the ((director)) board and shall be placed on livestock immediately below the registered ownership brand or any other location prescribed by the ((director)) board.


             Sec. 7. RCW 16.57.070 and 1959 c 54 s 7 are each amended to read as follows:

             The ((director)) board shall determine conflicting claims between applicants to a brand, and in so doing shall consider the priority of applicants.


             Sec. 8. RCW 16.57.080 and 1994 c 46 s 16 are each amended to read as follows:

             ((The director shall establish by rule a schedule for the renewal of registered brands.)) (1) Except as provided in subsection (2) of this section, the fee for the renewal of ((the)) a brand((s)) registration shall be ((no less than twenty-five)) seventy dollars for each two-year period of brand ownership((, except that)). However, the ((director)) board may((, in adopting a renewal schedule,)) provide for the collection of renewal fees on a prorated basis ((and may by rule increase the registration and renewal fee for brands by no more than fifty percent subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015)). At least sixty days before the expiration of a registered brand, the ((director)) board shall notify by letter the owner of record of the brand that on the payment of the requisite application fee and application of renewal the ((director)) board shall issue the proof of payment allowing the brand owner exclusive ownership and use of the brand for the subsequent registration period. The failure of the registered owner to pay the renewal fee by the date required by rule shall cause such owner's brand to revert to the ((department)) board. The ((director)) board may for a period of one year following such reversion, reissue such brand only to the prior registered owner upon payment of the registration fee and a late filing fee ((to be prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015,)) of twenty dollars for renewal subsequent to the regular renewal period. The ((director)) board may at the ((director's)) board's discretion, if such brand is not reissued within one year to the prior registered owner, issue such brand to any other applicant.

             (2) The board may adopt rules establishing criteria and fees for the permanent renewal of brands registered with the department or the board but renewed as livestock heritage brands. Such heritage brands are not intended for use on livestock.

             (3) This section is null and void unless subsections (1) through (5) of section 2 of this act and section 96 of this act become law.


             Sec. 9. RCW 16.57.090 and 1994 c 46 s 17 are each amended to read as follows:

             A brand is the personal property of the owner of record. Any instrument affecting the title of such brand shall be acknowledged in the presence of the recorded owner and a notary public. The ((director)) board shall record such instrument upon presentation and payment of a recording fee not to exceed fifteen dollars to be prescribed by the ((director)) board by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015. Such recording shall be constructive notice to all the world of the existence and conditions affecting the title to such brand. A copy of all records concerning the brand, certified by the ((director)) board, shall be received in evidence to all intent and purposes as the original instrument. The ((director)) board shall not be personally liable for failure of the ((director's)) board's agents to properly record such instrument.


             Sec. 10. RCW 16.57.100 and 1971 ex.s. c 135 s 3 are each amended to read as follows:

             The right to use a brand shall be evidenced by the original certificate issued by the ((director)) board showing that the brand is of present record or a certified copy of the record of such brand showing that it is of present record. A healed brand of record on livestock shall be prima facie evidence that the recorded owner of such brand has legal title to such livestock and is entitled to its possession: PROVIDED, That the ((director)) board may require additional proof of ownership of any animal showing more than one healed brand.


             Sec. 11. RCW 16.57.105 and 1967 c 240 s 38 are each amended to read as follows:

             Any person having a brand recorded with the ((department)) board shall have a preemptory right to use such brand and its design under any newly approved method of branding adopted by the ((director)) board.


             Sec. 12. RCW 16.57.110 and 1959 c 54 s 11 are each amended to read as follows:

             No brand shall be placed on livestock that is not permanent in nature and of a size that is not readily visible. The ((director)) board, in order to assure that brands are readily visible, may prescribe the size of branding irons to be used for ownership brands.


             Sec. 13. RCW 16.57.120 and 1991 c 110 s 2 are each amended to read as follows:

             No person shall remove or alter a brand of record on livestock without first having secured the written permission of the ((director)) board. Violation of this section shall be a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.


             Sec. 14. RCW 16.57.130 and 1959 c 54 s 13 are each amended to read as follows:

             The ((director)) board shall not record a brand that is identical to a brand of present record; nor a brand so similar to a brand of present record that it will be difficult to distinguish between such brands when applied to livestock.


             Sec. 15. RCW 16.57.140 and 1994 c 46 s 18 are each amended to read as follows:

             The owner of a brand of record may procure from the ((director)) board a certified copy of the record of the owner's brand upon payment of a fee not to exceed seven dollars and fifty cents to be prescribed by the ((director)) board by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.


             Sec. 16. RCW 16.57.150 and 1974 ex.s. c 64 s 5 are each amended to read as follows:

             The ((director)) board shall publish a book to be known as the "Washington State Brand Book", showing all the brands of record. Such book shall contain the name and address of the owners of brands of record and a copy of the brand laws and regulations. Supplements to such brand book showing newly recorded brands, amendments or newly adopted regulations, shall be published biennially, or prior thereto at the discretion of the ((director)) board: PROVIDED, That whenever ((he deems it)) necessary, the ((director)) board may issue a new brand book.


             Sec. 17. RCW 16.57.160 and 1991 c 110 s 3 are each amended to read as follows:

             (1) Except as provided in subsection (3) of this section, the ((director)) board may ((by)) adopt rules ((adopted subsequent to a public hearing designate)): Designating any point for mandatory ((brand)) livestock inspection of cattle or horses or the furnishing of proof that cattle passing or being transported through such points have been ((brand)) livestock inspected and are lawfully being moved; providing for self-inspection of cattle and horses; and providing for issuance of individual horse and cattle identification certificates or other means of horse and cattle identification.

             ((Further,)) (2) The ((director)) board or any peace officer may stop vehicles carrying cattle or horses to determine if ((such)) the cattle or horses are identified, branded, or accompanied by ((the form prescribed by the director under RCW 16.57.240 or a brand certificate issued by the department)) a certificate of permit, inspection certificate, self-inspection certificate, or other satisfactory proof of ownership, as determined by the board.

             (3) Inspection shall not be required for:

             (a) Any individual private sale of any unbranded dairy breed milk production cattle involving fifteen head or less; or

             (b) A sale by the owner of a dairy farm licensed under chapter 15.36 RCW of a male calf or male calves from the farm that are not more than thirty days old, as long as the license number for the dairy is listed on the bill of sale or its equivalent.


             Sec. 18. RCW 16.57.165 and 1971 ex.s. c 135 s 6 are each amended to read as follows:

             The ((director)) board may, in order to reduce the cost of ((brand)) livestock inspection to livestock owners, enter into agreements with any qualified county, municipal, or other local law enforcement agency, or qualified individuals for the purpose of performing ((brand)) livestock inspection in areas where ((department brand)) livestock inspection by the department may not readily be available.


             Sec. 19. RCW 16.57.170 and 1959 c 54 s 17 are each amended to read as follows:

             The ((director)) board may enter at any reasonable time any slaughterhouse or public livestock market to make an examination of the brands on livestock or hides, and may enter at any reasonable time an establishment where hides are held to examine them for brands. The ((director)) board may enter any of these premises at any reasonable time to examine all books and records required by law in matters relating to ((brand)) livestock inspection or other methods of livestock identification.


             Sec. 20. RCW 16.57.180 and 1959 c 54 s 18 are each amended to read as follows:

             Should the ((director)) board be denied access to any premises or establishment where such access was sought for the purposes set forth in RCW 16.57.170, ((he)) the board may apply to any court of competent jurisdiction for a search warrant authorizing access to such premises or establishment for said purposes. The court may upon such application, issue the search warrant for the purposes requested.


             Sec. 21. RCW 16.57.200 and 1959 c 54 s 20 are each amended to read as follows:

             Any owner or ((his)) an agent shall make the brand or brands on livestock being ((brand)) livestock inspected readily visible and shall cooperate with the ((director)) board to carry out such ((brand)) livestock inspection in a safe and expeditious manner.


             Sec. 22. RCW 16.57.210 and 1959 c 54 s 21 are each amended to read as follows:

             The ((director)) board shall have authority to arrest any person without warrant anywhere in the state found in the act of, or whom ((he)) the board has reason to believe is guilty of, driving, holding, selling or slaughtering stolen livestock. Any such person arrested by the ((director)) board shall be turned over to the sheriff of the county where the arrest was made, as quickly as possible.


             Sec. 23. RCW 16.57.220 and 1997 c 356 s 2 are each amended to read as follows:

             (1) The ((director)) livestock identification board shall cause a charge to be made for all ((brand)) livestock inspection of cattle and horses required under this chapter and rules adopted hereunder. Such charges shall be paid to the ((department)) board by the owner or person in possession unless requested by the purchaser and then such ((brand)) livestock inspection shall be paid by the purchaser requesting such ((brand)) livestock inspection. Except as provided by rule, such inspection charges shall be due and payable at the time ((brand)) livestock inspection is performed and shall be paid upon billing by the ((department)) board and if not shall constitute a prior lien on the cattle or cattle hides or horses or horse hides ((brand)) livestock inspected until such charge is paid. The ((director)) board in order to best utilize the services of the ((department)) livestock inspector in performing ((brand)) livestock inspection may establish schedules by days and hours when a ((brand)) livestock inspector will be on duty to perform ((brand)) livestock inspection at established inspection points. Except as provided in rules adopted under subsection (2) of this section, the fees for ((brand)) livestock inspection performed at inspection points according to schedules established by the ((director)) board shall be seventy-five cents per head for cattle and ((not more than)) three dollars per head for horses ((as prescribed by the director subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015)). Fees for ((brand)) livestock inspection of cattle and horses at points other than those designated by the ((director)) board or not in accord with the schedules established by the ((director)) board shall be based on a fee schedule not to exceed actual net cost to the ((department)) board of performing the ((brand)) livestock inspection service. For the purpose of this section, actual costs shall mean fifteen dollars per hour and the current mileage rate set by the office of financial management.

             (2) The board may by rule prescribe a fee for the inspection of cattle performed at inspection points that is not less than seventy-five cents per head and not more than one dollar per head and may by rule prescribe a fee for the inspection of horses performed at inspection points that is not less than three dollars per head and not more than five dollars per head. However, a rule prescribing such a fee may be proposed and adopted by the board only by a unanimous vote of the members of the board entitled to vote under RCW 16.57.015. This subsection constitutes prior legislative approval for the initial fee prescribed by rule of the board for the inspection of cattle and the initial fee prescribed by rule of the board for the inspection of horses to result in an increase of the fee established under subsection (1) of this section for the inspection that is in excess of the fiscal growth factor under chapter 43.135 RCW.


             Sec. 24. RCW 16.57.230 and 1995 c 374 s 50 are each amended to read as follows:

             No person shall collect or make a charge for ((brand)) livestock inspection of livestock unless there has been an actual ((brand)) livestock inspection of such livestock.


             Sec. 25. RCW 16.57.240 and 1995 c 374 s 51 are each amended to read as follows:

             ((Any person purchasing, selling, holding for sale, trading, bartering, transferring title, slaughtering, handling, or transporting cattle shall keep a record on forms prescribed by the director. Such forms)) (1) Certificates of permit, inspection certificates, and self-inspection certificates shall show the owner, number, ((specie)) breed, sex, brand or other method of identification of ((such)) the cattle or horses and any other necessary information required by the ((director)) board. ((The original shall be kept for a period of three years or shall be furnished to the director upon demand or as prescribed by rule, one copy shall accompany the cattle to their destination and shall be subject to inspection at any time by the director or any peace officer or member of the state patrol: PROVIDED, That in the following instances only, cattle may be moved or transported within this state without being accompanied by an official certificate of permit, brand inspection certificate, bill of sale, or self-inspection slip:

             (1) When such cattle are moved or transported upon lands under the exclusive control of the person moving or transporting such cattle;

             (2) When such cattle are being moved or transported for temporary grazing or feeding purposes and have the registered brand of the person having or transporting such cattle.))

             (2) The board may cause certificate of permit forms to be issued to any person on payment of a fee established by rule.

             (3) Inspection certificates, self-inspection certificates, or other satisfactory proof of ownership shall be kept by the owner and/or person in possession of any cattle or horses and shall be furnished to the board or any peace officer upon demand.

             (4) Cattle may not be moved or transported within this state without being accompanied by a certificate of permit, inspection certificate, or self-inspection certificate except:

             (a) When the cattle are moved or transported upon lands under the exclusive control of the person moving or transporting the cattle; or

             (b) When the cattle are being moved or transported for temporary grazing or feeding purposes and have the recorded brand of the person having or transporting the cattle.

             (5) Certificates of permit, inspection certificates, or self-inspection certificates accompanying cattle being moved or transported within this state shall be subject to inspection at any time by the board or any peace officer.


             Sec. 26. RCW 16.57.260 and 1981 c 296 s 19 are each amended to read as follows:

             It shall be unlawful for any person to remove or cause to be removed or accept for removal from this state, any cattle or horses which are not accompanied at all times by an official ((brand)) livestock inspection certificate issued by the ((director)) board on such cattle or horses, except as provided in RCW 16.57.160.


             Sec. 27. RCW 16.57.270 and 1959 c 54 s 27 are each amended to read as follows:

             It shall be unlawful for any person moving or transporting livestock in this state to refuse to assist the ((director)) board or any peace officer in establishing the identity of such livestock being moved or transported.


             Sec. 28. RCW 16.57.275 and 1967 c 240 s 37 are each amended to read as follows:

             Any cattle carcass, or primal part thereof, of any breed or age being transported in this state from other than a state or federal licensed and inspected slaughterhouse or common carrier hauling for such slaughterhouse, shall be accompanied by a certificate of permit signed by the owner of such carcass or primal part thereof and, if such carcass or primal part is delivered to a facility custom handling such carcasses or primal part thereof, such certificate of permit shall be deposited with the owner or manager of such custom handling facility and such certificate of permit shall be retained for a period of one year and be made available to the ((department)) livestock identification board for inspection during reasonable business hours. ((The owner of such carcass or primal part thereof shall mail a copy of the said certificate of permit to the department within ten days of said transportation.))


             Sec. 29. RCW 16.57.280 and 1995 c 374 s 52 are each amended to read as follows:

             No person shall knowingly have unlawful possession of any livestock marked with a recorded brand or tattoo of another person unless:

             (1) Such livestock lawfully bears the person's own healed recorded brand; or

             (2) Such livestock is accompanied by a certificate of permit from the owner of the recorded brand or tattoo; or

             (3) Such livestock is accompanied by a ((brand)) livestock inspection certificate; or

             (4) Such cattle is accompanied by a self-inspection slip; or

             (5) Such livestock is accompanied by a bill of sale from the previous owner or other satisfactory proof of ownership.

             A violation of this section constitutes a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.


             Sec. 30. RCW 16.57.290 and 1995 c 374 s 53 are each amended to read as follows:

             All unbranded cattle and horses and those bearing brands not recorded, in the current edition of this state's brand book, which are not accompanied by a certificate of permit, and those bearing brands recorded, in the current edition of this state's brand book, which are not accompanied by a certificate of permit signed by the owner of the brand when presented for inspection by the ((director)) board, shall be sold by the ((director)) board or the ((director's)) board's representative, unless other satisfactory proof of ownership is presented showing the person presenting them to be lawfully in possession. Upon the sale of such cattle or horses, the ((director)) board or the ((director's)) board's representative shall give the purchasers a bill of sale therefor, or, if theft is suspected, the cattle or horses may be impounded by the ((director)) board or the ((director's)) board's representative.


             Sec. 31. RCW 16.57.300 and 1989 c 286 s 24 are each amended to read as follows:

             The proceeds from the sale of cattle and horses as provided for under RCW 16.57.290, after paying the cost thereof, shall be paid to the ((director)) board, who shall make a record showing the brand or marks or other method of identification of the animals and the amount realized from the sale thereof. However, the proceeds from a sale of such cattle or horses at a licensed public livestock market shall be held by the licensee for a reasonable period not to exceed thirty days to permit the consignor to establish ownership or the right to sell such cattle or horses. If such consignor fails to establish legal ownership or the right to sell such cattle or horses, such proceeds shall be paid to the ((director)) board to be disposed of as any other estray proceeds.


             Sec. 32. RCW 16.57.310 and 1959 c 54 s 31 are each amended to read as follows:

             When a person has been notified by registered mail that animals bearing his or her recorded brand have been sold by the ((director)) board, he or she shall present to the ((director)) board a claim on the proceeds within ten days from the receipt of the notice or the ((director)) board may decide that no claim exists.


             Sec. 33. RCW 16.57.320 and 1991 c 110 s 6 are each amended to read as follows:

             If, after the expiration of one year from the date of sale, the person presenting the animals for inspection has not provided the ((director)) board with satisfactory proof of ownership, the proceeds from the sale shall be paid on the claim of the owner of the recorded brand. However, it shall be a gross misdemeanor for the owner of the recorded brand to knowingly accept such funds after he or she has sold, bartered or traded such animals to the claimant or any other person. A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.


             Sec. 34. RCW 16.57.330 and 1959 c 54 s 33 are each amended to read as follows:

             If, after the expiration of one year from the date of sale, no claim is made, the money shall be credited to the ((department of agriculture)) board to be expended in carrying out the provisions of this chapter.


             Sec. 35. RCW 16.57.340 and 1959 c 54 s 34 are each amended to read as follows:

             The ((director)) board shall have the authority to enter into reciprocal agreements with any or all states to prevent the theft, misappropriation or loss of identification of livestock. The ((director)) board may declare any livestock which is shipped or moved into this state from such states estrays if such livestock is not accompanied by the proper official brand certificate or other such certificates required by the law of the state of origin of such livestock. The ((director)) board may hold such livestock subject to all costs of holding or sell such livestock and send the funds, after the deduction of the cost of such sale, to the proper authority in the state of origin of such livestock.


             Sec. 36. RCW 16.57.350 and 1994 c 46 s 8 are each amended to read as follows:

             The ((director)) board may adopt such rules as are necessary to carry out the purposes of this chapter. It shall be the duty of the ((director)) board to enforce and carry out the provisions of this chapter and/or rules adopted hereunder. No person shall interfere with the ((director)) board when ((he or she)) the board is performing or carrying out duties imposed on ((him or her)) it by this chapter and/or rules adopted hereunder.


             Sec. 37. RCW 16.57.360 and 1991 c 110 s 7 are each amended to read as follows:

             The ((department)) board is authorized to issue notices of and enforce civil infractions in the manner prescribed under chapter 7.80 RCW.

             The violation of any provision of this chapter and/or rules and regulations adopted hereunder shall constitute a class I civil infraction as provided under chapter 7.80 RCW unless otherwise specified herein.


             Sec. 38. RCW 16.57.370 and 1959 c 54 s 37 are each amended to read as follows:

             All fees collected under the provisions of this chapter shall be retained and deposited by the ((director)) board to be used only for the enforcement of this chapter.


             Sec. 39. RCW 16.57.400 and 1994 c 46 s 20 are each amended to read as follows:

             The ((director)) board may provide by rules ((and regulations)) adopted pursuant to chapter 34.05 RCW for the issuance of individual horse and cattle identification certificates or other means of horse and cattle identification deemed appropriate. Such certificates or other means of identification shall be valid only for the use of the horse and cattle owner in whose name it is issued.

             Horses and cattle identified pursuant to the provisions of this section and the rules ((and regulations)) adopted hereunder shall not be subject to ((brand)) livestock inspection except when sold at points provided for in RCW ((16.57.380)) 16.57.160. The ((director)) board shall charge a fee for the certificates or other means of identification authorized pursuant to this section and no identification shall be issued until the ((director)) board has received the fee. The schedule of fees shall be established in accordance with the provisions of chapter 34.05 RCW.


             Sec. 40. RCW 16.57.407 and 1996 c 105 s 3 are each amended to read as follows:

             The ((department)) livestock identification board has the authority to conduct an investigation of an incident where scars or other marks indicate that a microchip has been removed from a horse.


             Sec. 41. RCW 16.57.410 and 1993 c 354 s 11 are each amended to read as follows:

             (1) No person may act as a registering agency without a permit issued by the ((department)) board. The ((director)) board may issue a permit to any person or organization to act as a registering agency for the purpose of issuing permanent identification symbols for horses in a manner prescribed by the ((director)) board. Application for such permit, or the renewal thereof by January 1 of each year, shall be on a form prescribed by the ((director)) board, and accompanied by the proof of registration to be issued, any other documents required by the ((director)) board, and a fee of one hundred dollars.

             (2) Each registering agency shall maintain a permanent record for each individual identification symbol. The record shall include, but need not be limited to, the name, address, and phone number of the horse owner and a general description of the horse. A copy of each permanent record shall be forwarded to the ((director)) board, if requested by the ((director)) board.

             (3) Individual identification symbols shall be inspected as required for brands under RCW 16.57.220 ((and 16.57.380)). Any horse presented for inspection and bearing such a symbol, but not accompanied by proof of registration and certificate of permit, shall be sold as provided under RCW 16.57.290 through 16.57.330.

             (4) The ((director)) board shall adopt such rules as are necessary for the effective administration of this section pursuant to chapter 34.05 RCW.


             Sec. 42. RCW 16.57.420 and 1993 c 105 s 3 are each amended to read as follows:

             The ((department)) livestock identification board may, in consultation with representatives of the ratite industry, develop by rule a system that provides for the identification of individual ratites through the use of microchipping. The ((department)) board may establish fees for the issuance or reissuance of microchipping numbers sufficient to cover the expenses of the ((department)) board.


             Sec. 43. RCW 16.58.020 and 1971 ex.s. c 181 s 2 are each amended to read as follows:

             For the purpose of this chapter:

             (1) "Livestock identification board" or "board" means the livestock identification board defined under RCW 16.57.010.

             (2) "Certified feed lot" means any place, establishment, or facility commonly known as a commercial feed lot, cattle feed lot, or the like, which complies with all of the requirements of this chapter, and any ((regulations)) rules adopted pursuant to the provisions of this chapter and which holds a valid license from the ((director)) board as hereinafter provided.

             (((2) "Department" means the department of agriculture of the state of Washington.

             (3) "Director" means the director of the department or his duly authorized representative.

             (4))) (3) "Licensee" means any persons licensed under the provisions of this chapter.

             (((5))) (4) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.


             Sec. 44. RCW 16.58.030 and 1971 ex.s. c 181 s 3 are each amended to read as follows:

             The ((director)) board may adopt such rules ((and regulations)) as are necessary to carry out the purpose of this chapter. The adoption of such rules shall be subject to the provisions of this chapter and rules ((and regulations)) adopted hereunder. No person shall interfere with the ((director when he)) board when it is performing or carrying out any duties imposed ((upon him)) by this chapter or rules ((and regulations)) adopted hereunder.


             Sec. 45. RCW 16.58.040 and 1971 ex.s. c 181 s 4 are each amended to read as follows:

             On or after August 9, 1971, any person desiring to engage in the business of operating one or more certified feed lots shall obtain an annual license from the ((director)) board for such purpose. The application for a license shall be on a form prescribed by the ((director)) board and shall include the following:

             (1) The number of certified feed lots the applicant intends to operate and their exact location and mailing address;

             (2) The legal description of the land on which the certified feed lot will be situated;

             (3) A complete description of the facilities used for feeding and handling of cattle at each certified feed lot;

             (4) The estimated number of cattle which can be handled for feeding purposes at each such certified feed lot; and

             (5) Any other information necessary to carry out the purpose and provisions of this chapter and rules ((or regulations)) adopted hereunder.


             Sec. 46. RCW 16.58.050 and 1997 c 356 s 4 are each amended to read as follows:

             The application for an annual license to engage in the business of operating one or more certified feed lots shall be accompanied by a license fee of seven hundred fifty dollars. Upon approval of the application by the ((director)) livestock identification board and compliance with the provisions of this chapter and rules adopted hereunder, the applicant shall be issued a license or a renewal thereof. The board shall conduct an inspection of all cattle and their corresponding ownership documents prior to issuing an original license. The inspection fee shall be the higher of the current inspection fee per head of cattle or time and mileage as set forth in RCW 16.57.220.


             Sec. 47. RCW 16.58.060 and 1991 c 109 s 10 are each amended to read as follows:

             The ((director)) board shall establish by rule an expiration date or dates for all certified feed lot licenses. License fees shall be prorated where necessary to accommodate staggering of expiration dates of a license or licenses. If an application for renewal of a certified feed lot license is not received by the ((department)) board per the date required by rule or should a person fail, refuse, or neglect to apply for renewal of a preexisting license on or before the date of expiration, that person shall be assessed an additional twenty-five dollars which shall be added to the regular license fee and shall be paid before the ((director)) board may issue a license to the applicant.


             Sec. 48. RCW 16.58.070 and 1989 c 175 s 54 are each amended to read as follows:

             The ((director)) livestock identification board is authorized to deny, suspend, or revoke a license in accord with the provisions of chapter 34.05 RCW if ((he)) it finds that there has been a failure to comply with any requirement of this chapter or rules ((and regulations)) adopted hereunder. Hearings for the revocation, suspension, or denial of a license shall be subject to the provisions of chapter 34.05 RCW concerning adjudicative proceedings.


             Sec. 49. RCW 16.58.080 and 1971 ex.s. c 181 s 8 are each amended to read as follows:

             Every certified feed lot shall be equipped with a facility or a livestock pen, approved by the ((director)) livestock identification board as to location and construction within the ((said)) feed lot so that necessary ((brand)) livestock inspection can be carried on in a proper, expeditious and safe manner. Each licensee shall furnish the ((director)) board with sufficient help necessary to carry out ((brand)) livestock inspection in the manner set forth above.


             Sec. 50. RCW 16.58.095 and 1991 c 109 s 11 are each amended to read as follows:

             All cattle entering or reentering a certified feed lot must be inspected for brands upon entry, unless they are accompanied by a ((brand)) livestock inspection certificate issued by the ((director)) livestock identification board, or any other agency authorized in any state or Canadian province by law to issue such a certificate. Licensees shall report a discrepancy between cattle entering or reentering a certified feed lot and the ((brand)) livestock inspection certificate accompanying the cattle to the nearest ((brand)) livestock inspector immediately. A discrepancy may require an inspection of all the cattle entering or reentering the lot, except as may otherwise be provided by rule.


             Sec. 51. RCW 16.58.100 and 1979 c 81 s 3 are each amended to read as follows:

             The ((director)) livestock identification board shall each year conduct audits of the cattle received, fed, handled, and shipped by the licensee at each certified feed lot. Such audits shall be for the purpose of determining if such cattle correlate with the ((brand)) livestock inspection certificates issued in their behalf and that the certificate of assurance furnished the ((director)) board by the licensee correlates with his or her assurance that ((brand)) livestock inspected cattle were not commingled with uninspected cattle.


             Sec. 52. RCW 16.58.110 and 1991 c 109 s 12 are each amended to read as follows:

             All certified feed lots shall furnish the ((director)) livestock identification board with records as requested by ((him)) it from time to time on all cattle entering or on feed in ((said)) certified feed lots and dispersed therefrom. All such records shall be subject to examination by the ((director)) board for the purpose of maintaining the integrity of the identity of all such cattle. The ((director)) board may make the examinations only during regular business hours except in an emergency to protect the interest of the owners of such cattle.


             Sec. 53. RCW 16.58.120 and 1991 c 109 s 13 are each amended to read as follows:

             The licensee shall maintain sufficient records as required by the ((director)) livestock identification board at each certified feed lot, if ((said)) the licensee operates more than one certified feed lot.


             Sec. 54. RCW 16.58.130 and 1997 c 356 s 7 are each amended to read as follows:

             Each licensee shall pay to the ((director)) livestock identification board a fee of twelve cents for each head of cattle handled through the licensee's feed lot. Payment of such fee shall be made by the licensee on a monthly basis. Failure to pay as required shall be grounds for suspension or revocation of a certified feed lot license. Further, the ((director)) board shall not renew a certified feed lot license if a licensee has failed to make prompt and timely payments.


             Sec. 55. RCW 16.58.140 and 1979 c 81 s 5 are each amended to read as follows:

             All fees provided for in this chapter shall be retained by the ((director)) board for the purpose of enforcing and carrying out the purpose and provisions of this chapter or chapter 16.57 RCW.


             Sec. 56. RCW 16.58.150 and 1971 ex.s. c 181 s 15 are each amended to read as follows:

             No ((brand)) livestock inspection shall be required when cattle are moved or transferred from one certified feed lot to another or the transfer of cattle from a certified feed lot to a point within this state, or out of state where this state maintains ((brand)) livestock inspection, for the purpose of immediate slaughter.


             Sec. 57. RCW 16.58.160 and 1991 c 109 s 15 are each amended to read as follows:

             The ((director)) board may, when a certified feed lot's conditions become such that the integrity of reports or records of the cattle therein becomes doubtful, suspend such certified feed lot's license until such time as the ((director)) board can conduct an investigation to carry out the purpose of this chapter.


             Sec. 58. RCW 16.65.010 and 1983 c 298 s 1 are each amended to read as follows:

             For the purposes of this chapter:

             (1) The term "public livestock market" means any place, establishment or facility commonly known as a "public livestock market", "livestock auction market", "livestock sales ring", yards selling on commission, or the like, conducted or operated for compensation or profit as a public livestock market, consisting of pens or other enclosures, and their appurtenances in which livestock is received, held, sold, kept for sale or shipment. The term does not include the operation of a person licensed under this chapter to operate a special open consignment horse sale.

             (2) (("Department" means the department of agriculture of the state of Washington.

             (3) "Director" means the director of the department or his duly authorized representative.

             (4))) "Licensee" means any person licensed under the provisions of this chapter.

             (((5))) (3) "Livestock" includes horses, mules, burros, cattle, sheep, swine, and goats.

             (((6))) (4) "Livestock identification board" or "board" means the board created in RCW 16.57.015.

             (5) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.

             (((7))) (6) "Stockyard" means any place, establishment, or facility commonly known as a stockyard consisting of pens or other enclosures and their appurtenances in which livestock services such as feeding, watering, weighing, sorting, receiving and shipping are offered to the public: PROVIDED, That stockyard shall not include any facilities where livestock is offered for sale at public auction, feed lots, or quarantined registered feed lots.

             (((8))) (7) "Packer" means any person engaged in the business of slaughtering, manufacturing, preparing meat or meat products for sale, marketing meat, meat food products or livestock products.

             (((9))) (8) "Deputy state veterinarian" means a graduate veterinarian authorized to practice in the state of Washington and appointed or deputized by the director of agriculture as his or her duly authorized representative.

             (((10))) (9) "Special open consignment horse sale" means a sale conducted by a person other than the operator of a public livestock market which is limited to the consignment of horses and donkeys only for sale on an occasional and seasonal basis.


             Sec. 59. RCW 16.65.015 and 1983 c 298 s 2 are each amended to read as follows:

             This chapter does not apply to:

             (1) A farmer selling his or her own livestock on the farmer's own premises by auction or any other method.

             (2) A farmers' cooperative association or an association of livestock breeders when any class of their own livestock is assembled and offered for sale at a special sale on an occasional and seasonal basis under the association's management and responsibility, and the special sale has been approved by the ((director)) board in writing. However, the special sale shall be subject to brand and health inspection requirements as provided in this chapter for sales at public livestock markets.


             Sec. 60. RCW 16.65.020 and 1983 c 298 s 5 are each amended to read as follows:

             Public livestock markets and special open consignment horse sales shall be under the direction and supervision of the ((director)) livestock identification board, and the ((director)) board, but not ((his)) its duly authorized representative, may adopt such rules ((and regulations)) as are necessary to carry out the purpose of this chapter. It shall be the duty of the ((director)) board to enforce and carry out the provisions of this chapter and rules ((and regulations)) adopted hereunder. No person shall interfere with the ((director)) board when ((he)) it is performing or carrying out any duties imposed upon ((him)) it by this chapter or rules ((and regulations)) adopted hereunder.


             Sec. 61. RCW 16.65.030 and 1995 c 374 s 54 are each amended to read as follows:

             (1) ((On and after June 10, 1959,)) No person shall operate a public livestock market without first having obtained a license from the ((director)) livestock identification board. Application for ((such)) a license shall be in writing on forms prescribed by the ((director)) board, and shall include the following:

             (a) A nonrefundable original license application fee of fifteen hundred dollars.

             (b) A legal description of the property upon which the public livestock market shall be located.

             (c) A complete description and blueprints or plans of the public livestock market physical plant, yards, pens, and all facilities the applicant proposes to use in the operation of such public livestock market.

             (d) ((A detailed statement showing all the assets and liabilities of the applicant which must reflect a sufficient net worth to construct or operate a public livestock market.)) A financial statement, compiled or audited by a certified or licensed public accountant, to determine whether or not the applicant meets the minimum net worth requirements, established by the director by rule, to construct and/or operate a public livestock market. If the applicant is a subsidiary of a larger company, corporation, society, or cooperative association, both the parent company and the subsidiary company must submit a financial statement to determine whether or not the applicant meets the minimum net worth requirements. All financial statement information required by this subsection is confidential information and not subject to public disclosure.

             (e) The schedule of rates and charges the applicant proposes to impose on the owners of livestock for services rendered in the operation of such livestock market.

             (f) The weekly or monthly sales day or days on which the applicant proposes to operate his or her public livestock market sales and the class of livestock that may be sold on these days.

             (g) Projected source and quantity of livestock((, by county,)) anticipated to be handled.

             (h) Projected ((income and expense statements for)) gross dollar volume of business to be carried on, at, or through the public livestock market during the first year's operation.

             (i) Facts upon which ((are)) is based the conclusion that the trade area and the livestock industry will benefit because of the proposed market.

             (j) ((Such)) Other information as the ((director)) board may ((reasonably)) require by rule.

             (2) ((The director shall, after public hearing as provided by chapter 34.05 RCW, grant or deny an application for original license for a public livestock market after considering evidence and testimony relating to all of the requirements of this section and giving reasonable consideration at the same hearing to:

             (a) Benefits to the livestock industry to be derived from the establishment and operation of the public livestock market proposed in the application; and

             (b) The present market services elsewhere available to the trade area proposed to be served.

             (3) Applications for renewal under RCW 16.65.040 shall include all information under subsection (1) of this section, except subsection (1)(a) of this section.)) If the board determines that the applicant meets all the requirements of subsection (1) of this section, the board shall conduct a public hearing as provided by chapter 34.05 RCW, and shall grant or deny an application for original license for a public livestock market after considering evidence and testimony relating to the requirements of this section and giving reasonable consideration to:

             (a) Benefits to the livestock industry to be derived from the establishment and operation of the public livestock market proposed in the application;

             (b) The geographical area that will be affected;

             (c) The conflict, if any, with sales days already allocated in the area;

             (d) The amount and class of livestock available for marketing in the area;

             (e) Buyers available to the proposed market; and

             (f) Any other conditions affecting the orderly marketing of livestock.

             (3) Before a license is issued to operate a public livestock market, the applicant must:

             (a) Execute and deliver to the board a surety bond as required under RCW 16.65.200;

             (b) Provide evidence of a custodial account, as required under RCW 16.65.140, for the consignor's proceeds;

             (c) Pay the appropriate license fee; and

             (d) Provide other information required under this chapter and rules adopted under this chapter.


             Sec. 62. RCW 16.65.037 and 1997 c 356 s 8 are each amended to read as follows:

             (1) Upon the approval of the application by the ((director)) livestock identification board and compliance with the provisions of this chapter, the applicant shall be issued a license or renewal thereof. Any license issued under the provisions of this chapter shall only be valid at location and for the sales day or days for which the license was issued.

             (2) The license fee shall be based on the average gross sales volume per official sales day of that market:

             (a) Markets with an average gross sales volume up to and including ten thousand dollars, a one hundred fifty dollar fee;

             (b) Markets with an average gross sales volume over ten thousand dollars and up to and including fifty thousand dollars, a three hundred fifty dollar fee; and

             (c) Markets with an average gross sales volume over fifty thousand dollars, a four hundred fifty dollar fee.

             The fees for public market licenses shall be set by the ((director)) board by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.

             (3) Any applicant operating more than one public livestock market shall make a separate application for a license to operate each such public livestock market, and each such application shall be accompanied by the appropriate application fee.


             Sec. 63. RCW 16.65.040 and 1983 c 298 s 6 are each amended to read as follows:

             All public livestock market licenses provided for in this chapter shall expire on March 1st subsequent to the date of issue. Any person who fails, refuses, or neglects to apply for a renewal of a preexisting license on or before the date of expiration, shall pay a penalty of twenty-five dollars, which shall be added to the regular license fee, before such license may be renewed by the ((director)) livestock identification board.


             Sec. 64. RCW 16.65.042 and 1983 c 298 s 3 are each amended to read as follows:

             (1) A person shall not operate a special open consignment horse sale without first obtaining a license from the ((director)) livestock identification board. The application for the license shall include:

             (a) A detailed statement showing all of the assets and liabilities of the applicant;

             (b) The schedule of rates and charges the applicant proposes to impose on the owners of horses for services rendered in the operation of the horse sale;

             (c) The specific date and exact location of the proposed sale;

             (d) Projected quantity and approximate value of horses to be handled; and

             (e) Such other information as the ((director)) board may reasonably require.

             (2) The application shall be accompanied by a license fee of one hundred dollars. Upon the approval of the application by the ((director)) board and compliance with this chapter, the applicant shall be issued a license. A special open consignment horse sale license is valid only for the specific date or dates and exact location for which the license was issued.


             Sec. 65. RCW 16.65.050 and 1959 c 107 s 5 are each amended to read as follows:

             All fees ((provided for)) collected or received by the board under this chapter shall be ((retained by the director)) deposited by the board in the livestock identification account created in section 3 of this act. Moneys collected under this chapter may be expended by the board without appropriation for the purpose of enforcing this chapter.


             Sec. 66. RCW 16.65.080 and 1985 c 415 s 9 are each amended to read as follows:

             (1) The ((director)) livestock identification board is authorized to deny, suspend, or revoke a license in the manner prescribed herein, when there are findings by the ((director)) board that any licensee (a) has been guilty of fraud or misrepresentation as to titles, charges, numbers, brands, weights, proceeds of sale, or ownership of livestock; (b) has attempted payment to a consignor by a check the licensee knows not to be backed by sufficient funds to cover such check; (c) has violated any of the provisions of this chapter or rules ((and regulations)) adopted hereunder; (d) has violated any laws of the state that require health or ((brand)) livestock inspection of livestock; (e) has violated any condition of the bond, as provided in this chapter. However, the ((director)) board may deny a license if the applicant refuses to accept the sales day or days allocated to ((him)) it under the provisions of this chapter.

             (2) In all proceedings for revocation, suspension, or denial of a license the licensee or applicant shall be given an opportunity to be heard in regard to such revocation, suspension or denial of a license. The ((director)) board shall give the licensee or applicant twenty days' notice in writing and such notice shall specify the charges or reasons for such revocation, suspension or denial. The notice shall also state the date, time and place where such hearing is to be held. Such hearings shall be held in the city where the licensee has his or her principal place of business, or where the applicant resides, unless some other place be agreed upon by the parties, and the defendant may be represented by counsel.

             (3) The ((director)) board may issue subpoenas to compel the attendance of witnesses, and/or the production of books or documents anywhere in the state. The applicant or licensee shall have opportunity to be heard, and may have such subpoenas issued as he or she desires. Subpoenas shall be served in the same manner as in civil cases in the superior court. Witnesses shall testify under oath which may be administered by the ((director)) board. Testimony shall be recorded, and may be taken by deposition under such rules as the ((director)) board may prescribe.

             (4) The ((director)) board shall hear and determine the charges, make findings and conclusions upon the evidence produced, and file them in ((his)) its office, together with a record of all of the evidence, and serve upon the accused a copy of such findings and conclusions.


             Sec. 67. RCW 16.65.090 and 1997 c 356 s 10 are each amended to read as follows:

             The ((director)) livestock identification board shall provide for ((brand)) livestock inspection. When such ((brand)) livestock inspection is required the licensee shall collect from the consignor and pay to the ((department)) board, as provided by law, a fee for ((brand)) livestock inspection for each animal consigned to the public livestock market or special open consignment horse sale. However, if in any one sale day the total fees collected for ((brand)) livestock inspection do not exceed ninety dollars, then such licensee shall pay ninety dollars for such ((brand)) livestock inspection or as much thereof as the ((director)) board may prescribe.


             Sec. 68. RCW 16.65.100 and 1983 c 298 s 9 are each amended to read as follows:

             The licensee of each public livestock market or special open consignment horse sale shall collect from any purchaser of livestock requesting ((brand)) livestock inspection a fee as provided by law for each animal inspected. Such fee shall be in addition to the fee charged to the consignor for ((brand)) livestock inspection and shall not apply to the minimum fee chargeable to the licensee.


             Sec. 69. RCW 16.65.140 and 1971 ex.s. c 192 s 4 are each amended to read as follows:

             Each licensee shall establish a custodial account for consignor's proceeds. All funds derived from the sale of livestock handled on a commission or agency basis shall be deposited in that account. Such account shall be drawn on only for the payment of net proceeds to the consignor, or such other person or persons of whom such licensee has knowledge is entitled to such proceeds, and to obtain from such proceeds only the sums due the licensee as compensation for his or her services as are set out in his or her tariffs, and for such sums as are necessary to pay all legal charges against the consignment of livestock which the licensee in his or her capacity as agent is required to pay for on behalf of the consignor or shipper. The licensee in each case shall keep such accounts and records that will at all times disclose the names of the consignors and the amount due and payable to each from the funds in the custodial account for consignor's proceeds. The licensee shall maintain the custodial account for consignor's proceeds in a manner that will expedite examination by the ((director)) livestock identification board and reflect compliance with the requirements of this section.


             Sec. 70. RCW 16.65.190 and 1983 c 298 s 12 are each amended to read as follows:

             No person shall hereafter operate a public livestock market or special open consignment horse sale unless such person has filed a schedule with the application for license to operate such public livestock market or special open consignment horse sale. Such schedule shall show all rates and charges for stockyard services to be furnished by such person at such public livestock market or special open consignment horse sale.

             (1) Schedules shall be posted conspicuously at the public livestock market or special open consignment horse sale, and shall plainly state all such rates and charges in such detail as the ((director)) livestock identification board may require, and shall state any rules ((and regulations)) which in any manner change, affect, or determine any part of the aggregate of such rates or charges, or the value of the stockyard services furnished. The ((director)) board may determine and prescribe the form and manner in which such schedule shall be prepared, arranged and posted.

             (2) No changes shall be made in rates or charges so filed and published except after thirty days' notice to the ((director)) board and to the public filed and posted as aforesaid, which shall plainly state the changes proposed to be made and the time such changes will go into effect.

             (3) No licensee shall charge, demand or collect a greater or a lesser or a different compensation for such service than the rates and charges specified in the schedule filed with the ((director)) board and in effect at the time; nor shall a licensee refund or remit in any manner any portion of the rates or charges so specified (but this shall not prohibit a cooperative association of producers from properly returning to its members, on a patronage basis, its excess earnings on their livestock); nor shall a licensee extend to any person at such public livestock market or special open consignment horse sale any stockyard services except such as are specified in such schedule.


             Sec. 71. RCW 16.65.200 and 1983 c 298 s 13 are each amended to read as follows:

             Before the license is issued to operate a public livestock market or special open consignment horse sale, the applicant shall execute and deliver to the ((director)) livestock identification board a surety bond in a sum as herein provided for, executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety. ((Said)) The bond shall be a standard form and approved by the ((director)) board as to terms and conditions. ((Said)) The bond shall be conditioned that the principal will not commit any fraudulent act and will comply with the provisions of this chapter and the rules ((and/or regulations)) adopted hereunder. ((Said)) The bond shall be to the state in favor of every consignor and/or vendor creditor whose livestock was handled or sold through or at the licensee's public livestock market or special open consignment horse sale: PROVIDED, That if such applicant is bonded as a market agency under the provisions of the packers and stockyards act, (7 U.S.C. 181) as amended, on March 20, 1961, in a sum equal to or greater than the sum required under the provisions of this chapter, and such applicant furnishes the ((director)) board with a bond approved by the United States secretary of agriculture ((naming the department as trustee)), the ((director)) board may accept such bond and its method of termination in lieu of the bond provided for herein and issue a license if such applicant meets all the other requirements of this chapter.

             The total and aggregate liability of the surety for all claims upon the bond shall be limited to the face of such bond. Every bond filed with and approved by the ((director)) board shall, without the necessity of periodic renewal, remain in force and effect until such time as the license of the licensee is revoked for cause or otherwise canceled. The surety on a bond, as provided herein, shall be released and discharged from all liability to the state accruing on such bond upon compliance with the provisions of RCW 19.72.110 concerning notice and proof of service, as enacted or hereafter amended, but this shall not operate to relieve, release or discharge the surety from any liability already accrued or which shall accrue (due and to become due hereunder) before the expiration period provided for in RCW 19.72.110 concerning notice and proof of service as enacted or hereafter amended, and unless the principal shall before the expiration of such period, file a new bond, the ((director)) board shall forthwith cancel the principal's license.


             Sec. 72. RCW 16.65.220 and 1971 ex.s. c 192 s 7 are each amended to read as follows:

             If the application for a license to operate a public livestock market is from a new public livestock market which has not operated in the past twelve-month period, the ((director)) livestock identification board shall determine a bond, in a reasonable sum, that the applicant shall execute in favor of the state, which shall not be less than ten thousand dollars nor greater than twenty-five thousand dollars: PROVIDED, That the ((director)) board may at any time, upon written notice, review the licensee's operations and determine whether, because of increased or decreased sales, the amount of the bond should be altered.


             Sec. 73. RCW 16.65.235 and 1973 c 142 s 3 are each amended to read as follows:

             In lieu of the surety bond required under the provisions of this chapter, an applicant or licensee may file with the ((director)) livestock identification board a deposit consisting of cash or other security acceptable to the ((director)) board. The ((director)) board may adopt rules ((and regulations)) necessary for the administration of such security.


             Sec. 74. RCW 16.65.250 and 1959 c 107 s 25 are each amended to read as follows:

             The ((director)) livestock identification board or any vendor or consignor creditor may also bring action upon ((said)) the bond against both principal and surety in any court of competent jurisdiction to recover the damages caused by any failure to comply with the provisions of this chapter and the rules ((and/or regulations)) adopted hereunder.


             Sec. 75. RCW 16.65.260 and 1983 c 298 s 14 are each amended to read as follows:

             In case of failure by a licensee to pay amounts due a vendor or consignor creditor whose livestock was handled or sold through or at the licensee's public livestock market or special open consignment horse sale, as evidenced by a verified complaint filed with the ((director)) livestock identification board, the ((director)) board may proceed forthwith to ascertain the names and addresses of all vendor or consignor creditors of such licensee, together with the amounts due and owing to them and each of them by such licensee, and shall request all such vendor and consignor creditors to file a verified statement of their respective claims with the ((director)) board. Such request shall be addressed to each known vendor or consignor creditor at his or her last known address.


             Sec. 76. RCW 16.65.270 and 1959 c 107 s 27 are each amended to read as follows:

             If a vendor or consignor creditor so addressed fails, refuses or neglects to file in the office of the ((director his)) livestock identification board a verified claim as requested by the ((director)) board within sixty days from the date of such request, the ((director)) board shall thereupon be relieved of further duty or action hereunder on behalf of ((said)) the producer or consignor creditor.


             Sec. 77. RCW 16.65.280 and 1959 c 107 s 28 are each amended to read as follows:

             Where by reason of the absence of records, or other circumstances making it impossible or unreasonable for the ((director)) livestock identification board to ascertain the names and addresses of all ((said)) the vendor and consignor creditors, the ((director)) board, after exerting due diligence and making reasonable inquiry to secure ((said)) the information from all reasonable and available sources, may make demand on ((said)) the bond on the basis of information then in ((his)) its possession, and thereafter shall not be liable or responsible for claims or the handling of claims which may subsequently appear or be discovered.


             Sec. 78. RCW 16.65.290 and 1959 c 107 s 29 are each amended to read as follows:

             Upon ascertaining all claims and statements in the manner herein set forth, the ((director)) livestock identification board may then make demand upon the bond on behalf of those claimants whose statements have been filed, and shall have the power to settle or compromise ((said)) the claims with the surety company on the bond, and is empowered in such cases to execute and deliver a release and discharge of the bond involved.


             Sec. 79. RCW 16.65.300 and 1959 c 107 s 30 are each amended to read as follows:

             Upon the refusal of the surety company to pay the demand, the ((director)) livestock identification board may thereupon bring an action on the bond in behalf of ((said)) the vendor and consignor creditors. Upon any action being commenced on ((said)) the bond, the ((director)) board may require the filing of a new bond. Immediately upon the recovery in any action on such bond such licensee shall file a new bond. Upon failure to file the same within ten days, in either case, such failure shall constitute grounds for the suspension or revocation of his or her license.


             Sec. 80. RCW 16.65.310 and 1959 c 107 s 31 are each amended to read as follows:

             In any settlement or compromise by the ((director)) livestock identification board with a surety company as provided in RCW 16.65.290, where there are two or more consignor and/or vendor creditors that have filed claims, either fixed or contingent, against a licensee's bond, such creditors shall share pro rata in the proceeds of the bond to the extent of their actual damage: PROVIDED, That the claims of the state and the ((department)) board which may accrue from the conduct of the licensee's public livestock market shall have priority over all other claims.


             Sec. 81. RCW 16.65.320 and 1985 c 415 s 10 are each amended to read as follows:

             For the purpose of enforcing the provisions of this chapter, the ((director)) livestock identification board on the ((director's)) board's own motion or upon the verified complaint of any vendor or consignor against any licensee, or agent, or any person assuming or attempting to act as such, shall have full authority to make any and all necessary investigations. The ((director)) board is empowered to administer oaths of verification of such complaints.


             Sec. 82. RCW 16.65.330 and 1959 c 107 s 33 are each amended to read as follows:

             For the purpose of making investigations as provided for in RCW 16.65.320, the ((director)) livestock identification board may enter a public livestock market and examine any records required under the provisions of this chapter. The ((director)) board shall have full authority to issue subpoenas requiring the attendance of witnesses before ((him)) it, together with all books, memorandums, papers, and other documents relative to the matters under investigation, and to administer oaths and take testimony thereunder.


             Sec. 83. RCW 16.65.340 and 1967 c 192 s 2 are each amended to read as follows:

             The ((director)) livestock identification board shall, when livestock is sold, traded, exchanged or handled at or through a public livestock market, require such testing, treating, identifying, examining and record keeping of such livestock by a ((deputy)) state licensed and accredited veterinarian employed by the market as in the ((director's)) board's judgment may be necessary to prevent the spread of brucellosis, tuberculosis, paratuberculosis, ((hog cholera)) pseudorabies, or any other infectious, contagious or communicable disease among the livestock of this state. The state veterinarian or his or her authorized representative may conduct additional testing and examinations for the same purpose.


             Sec. 84. RCW 16.65.350 and 1959 c 107 s 35 are each amended to read as follows:

             (((1))) The director of the department of agriculture shall ((perform all tests and make all examinations required under the provisions of this chapter and rules and regulations adopted hereunder: PROVIDED, That veterinary inspectors of the United States department of agriculture may be appointed by the director to make such examinations and tests as are provided for in this chapter without bond or compensation, and shall have the same authority and power in this state as a deputy state veterinarian.

             (2) The director shall have the responsibility for the direction and control of)) adopt rules regarding sanitary practices and health practices and standards and for the examination of animals at public livestock markets. ((The deputy state veterinarian at any such public livestock market shall notify the licensee or his managing agent, in writing, of insanitary practices or conditions. Such deputy state veterinarian shall notify the director if the improper sanitary practices or conditions are not corrected within the time specified. The director shall investigate and upon finding such report correct shall take appropriate action to hold a hearing on the suspension or revocation of the licensee's license.))


             Sec. 85. RCW 16.65.360 and 1959 c 107 s 36 are each amended to read as follows:

             Licensees shall provide facilities and sanitation for the prevention of livestock diseases at their public livestock markets, as follows:

             (1) The floors of all pens and alleys that are part of a public livestock market shall be constructed of concrete or similar impervious material and kept in good repair, with a slope of not less than one-fourth inch per foot to adequate drains leading to an approved sewage system: PROVIDED, That the ((director)) livestock identification board may designate certain pens within such public livestock markets as feeding and holding pens and the floors and alleys of such pens shall not be subject to the aforementioned surfacing requirements.

             (2) Feeding and holding pens maintained in an area adjacent to a public livestock market shall be constructed and separated from such public livestock market, in a manner prescribed by the director of agriculture, in order to prevent the spread of communicable diseases to the livestock sold or held for sale in such public livestock market.

             (3) All yards, chutes and pens used in handling livestock shall be constructed of such materials which will render them easily cleaned and disinfected, and such yards, pens and chutes shall be kept clean, sanitary and in good repair at all times, as required by the director of agriculture.

             (4) Sufficient calf pens of adequate size to prevent overcrowding shall be provided, and such pens, when used, shall be cleaned and disinfected no later than the day subsequent to each sale.

             (5) All swine pens, when used, shall be cleaned and disinfected no later than the day subsequent to each sale.

             (6) A water system carrying a pressure of forty pounds and supplying sufficient water to thoroughly wash all pens, floors, alleys and equipment shall be provided.

             (7) Sufficient quarantine pens of adequate capacity shall be provided. Such pens shall be used to hold only cattle reacting to brucellosis and tuberculosis or to quarantine livestock with other contagious or communicable diseases and shall be:

             (a) hard surfaced with concrete or similar impervious material and shall be kept in good repair;

             (b) provided with separate watering facilities;

             (c) painted white with the word "quarantine" painted in red letters not less than four inches high on such quarantine pen's gate;

             (d) provided with a tight board fence not less than five and one-half feet high;

             (e) cleaned and disinfected not later than one day subsequent to the date of sale.

             To prevent the spread of communicable diseases among livestock, the director of agriculture shall have the authority to cause the cleaning and disinfecting of any area or all areas of a public livestock market and equipment or vehicles with a complete coverage of disinfectants approved by the director.


             Sec. 86. RCW 16.65.420 and 1991 c 17 s 3 are each amended to read as follows:

             (1) Any application for sales days or days for a new salesyard, and any application for a change of sales day or days or additional sales day or days for an existing yard shall be subject to approval by the ((director)) livestock identification board, subsequent to a hearing as provided for in this chapter and the ((director)) board is hereby authorized to allocate these dates and type and class of livestock which may be sold on these dates. In considering the allocation of such sales days, the ((director)) board shall give appropriate consideration, among other relevant factors, to the following:

             (a) The geographical area which will be affected;

             (b) The conflict, if any, with sales days already allocated in the area;

             (c) The amount and class of livestock available for marketing in the area;

             (d) Buyers available to such market;

             (e) Any other conditions affecting the orderly marketing of livestock.

             (2) No special sales shall be conducted by the licensee unless the licensee has applied to the ((director)) board in writing fifteen days prior to such proposed sale and such sale date shall be approved at the discretion of the ((director)) board.

             (3) In any case that a licensee fails to conduct sales on the sales days allocated to the licensee, the ((director)) board shall, subsequent to a hearing, be authorized to revoke an allocation for nonuse. The rate of usage required to maintain an allocation shall be established by rule.


             Sec. 87. RCW 16.65.422 and 1963 c 232 s 17 are each amended to read as follows:

             A producer of purebred livestock may, upon obtaining a permit from the ((director)) livestock identification board, conduct a public sale of the purebred livestock on an occasional or seasonal basis on premises other than his or her own farm. Application for such special sale shall be in writing to the ((director)) board for ((his)) its approval at least fifteen days before the proposed public sale is scheduled to be held by such producer.


             Sec. 88. RCW 16.65.423 and 1983 c 298 s 16 are each amended to read as follows:

             The ((director)) livestock identification board shall have the authority to issue a public livestock market license pursuant to the provisions of this chapter limited to the sale of horses and/or mules and to allocate a sales day or days to such licensee. The ((director)) board is hereby authorized and directed to adopt ((regulations)) rules for facilities and sanitation applicable to such a license. The facility requirements of RCW 16.65.360 shall not be applicable to such licensee's operation as provided for in this section.


             Sec. 89. RCW 16.65.424 and 1963 c 232 s 19 are each amended to read as follows:

             The ((director)) livestock identification board shall have the authority to grant a licensee an additional sales day or days limited to the sale of horses and/or mules and may if requested grant the licensee, by permit, the authority to have the sale at premises other than at his or her public livestock market if the facilities are approved by the ((director)) board as being adequate for the protection of the health and safety of such horses and/or mules. For the purpose of such limited sale the facility requirements of RCW 16.65.360 shall not be applicable.


             Sec. 90. RCW 16.65.445 and 1989 c 175 s 55 are each amended to read as follows:

             The ((director)) livestock identification board shall hold public hearings upon a proposal to promulgate any new or amended ((regulations)) rules and all hearings for the denial, revocation, or suspension of a license issued under this chapter or in any other adjudicative proceeding, and shall comply in all respects with chapter 34.05 RCW, the Administrative Procedure Act.


             Sec. 91. RCW 16.65.450 and 1991 c 17 s 4 are each amended to read as follows:

             Any licensee or applicant who feels aggrieved by an order of the ((director)) livestock identification board may appeal to the superior court of the county in the state of Washington of the residence of the licensee or applicant where the trial on such appeal shall be held de novo.


             Sec. 92. RCW 16.04.025 and 1989 c 286 s 21 are each amended to read as follows:

             If the owner or the person having in charge or possession such animals is unknown to the person sustaining the damage, the person retaining such animals shall, within twenty-four hours, notify the county sheriff or the nearest state brand inspector as to the number, description, and location of the animals. The county sheriff or brand inspector shall examine the animals by brand, tattoo, or other identifying characteristics and attempt to ascertain ownership. If the animal is marked with a brand or tattoo which is registered with the ((director of agriculture)) livestock identification board, the brand inspector or county sheriff shall furnish this information and other pertinent information to the person holding the animals who in turn shall send the notice required in RCW 16.04.020 to the animals' owner of record by certified mail.

             If the county sheriff or the brand inspector determines that there is no apparent damage to the property of the person retaining the animals, or if the person sustaining the damage contacts the county sheriff or brand inspector to have the animals removed from his or her property, such animals shall be removed in accordance with chapter 16.24 RCW. Such removal shall not prejudice the property owner's ability to recover damages through civil suit.


             Sec. 93. RCW 41.06.070 and 1996 c 319 s 3, 1996 c 288 s 33, and 1996 c 186 s 109 are each reenacted and amended to read as follows:

             (1) The provisions of this chapter do not apply to:

             (a) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, joint legislative audit and review committee, statute law committee, and any interim committee of the legislature;

             (b) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;

             (c) Officers, academic personnel, and employees of technical colleges;

             (d) The officers of the Washington state patrol;

             (e) Elective officers of the state;

             (f) The chief executive officer of each agency;

             (g) In the departments of employment security and social and health services, the director and the director's confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his or her confidential secretary, and his or her statutory assistant directors;

             (h) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:

             (i) All members of such boards, commissions, or committees;

             (ii) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: The secretary of the board, commission, or committee; the chief executive officer of the board, commission, or committee; and the confidential secretary of the chief executive officer of the board, commission, or committee;

             (iii) If the members of the board, commission, or committee serve on a full-time basis: The chief executive officer or administrative officer as designated by the board, commission, or committee; and a confidential secretary to the chair of the board, commission, or committee;

             (iv) If all members of the board, commission, or committee serve ex officio: The chief executive officer; and the confidential secretary of such chief executive officer;

             (i) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;

             (j) Assistant attorneys general;

             (k) Commissioned and enlisted personnel in the military service of the state;

             (l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board;

             (m) The public printer or to any employees of or positions in the state printing plant;

             (n) Officers and employees of the Washington state fruit commission;

             (o) Officers and employees of the Washington state apple advertising commission;

             (p) Officers and employees of the Washington state dairy products commission;

             (q) Officers and employees of the Washington tree fruit research commission;

             (r) Officers and employees of the Washington state beef commission;

             (s) Officers and employees of any commission formed under chapter 15.66 RCW;

             (t) Officers and employees of the state wheat commission formed under chapter 15.63 RCW;

             (u) Officers and employees of agricultural commissions formed under chapter 15.65 RCW;

             (v) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;

             (w) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;

             (x) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency heads;

             (y) All employees of the marine employees' commission;

             (z) Up to a total of five senior staff positions of the western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit. This subsection (1)(z) shall expire on June 30, 1997;

             (aa) Staff employed by the department of community, trade, and economic development to administer energy policy functions and manage energy site evaluation council activities under RCW 43.21F.045(2)(m);

             (bb) Staff employed by Washington State University to administer energy education, applied research, and technology transfer programs under RCW 43.21F.045 as provided in RCW 28B.30.900(5);

             (cc) Officers and employees of the livestock identification board created under RCW 16.57.015.

             (2) The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:

             (a) Members of the governing board of each institution of higher education and related boards, all presidents, vice-presidents, and their confidential secretaries, administrative, and personal assistants; deans, directors, and chairs; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; principal assistants to executive heads of major administrative or academic divisions; other managerial or professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources and program results, or for the formulation of institutional policy, or for carrying out personnel administration or labor relations functions, legislative relations, public information, development, senior computer systems and network programming, or internal audits and investigations; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington;

             (b) Student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board, employed by institutions of higher education and related boards;

             (c) The governing board of each institution, and related boards, may also exempt from this chapter classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training as determined by the board: PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the board under this provision;

             (d) Printing craft employees in the department of printing at the University of Washington.

             (3) In addition to the exemptions specifically provided by this chapter, the Washington personnel resources board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the Washington personnel resources board stating the reasons for requesting such exemptions. The Washington personnel resources board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection. If the board determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the Washington personnel resources board shall grant the request and such determination shall be final as to any decision made before July 1, 1993. The total number of additional exemptions permitted under this subsection shall not exceed one percent of the number of employees in the classified service not including employees of institutions of higher education and related boards for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The Washington personnel resources board shall report to each regular session of the legislature during an odd-numbered year all exemptions granted under subsections (1)(w) and (x) and (2) of this section, together with the reasons for such exemptions.

             The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (1)(j) through (v), (y), (z), and (2) of this section, shall be determined by the Washington personnel resources board. However, beginning with changes proposed for the 1997-99 fiscal biennium, changes to the classification plan affecting exempt salaries must meet the same provisions for classified salary increases resulting from adjustments to the classification plan as outlined in RCW 41.06.152.

             Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

             Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

             A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.


             NEW SECTION. Sec. 94. A new section is added to chapter 42.17 RCW to read as follows:

             Financial statements provided under RCW 16.65.030(1)(d) are exempt from disclosure under this chapter.


             Sec. 95. RCW 43.23.230 and 1988 c 254 s 1 are each amended to read as follows:

             The agricultural local fund is hereby established in the custody of the state treasurer. The fund shall consist of such money as is directed by law for deposit in the fund, and such other money not subject to appropriation that the department authorizes to be deposited in the fund. Any money deposited in the fund, the use of which has been restricted by law, may only be expended in accordance with those restrictions. Except as provided in section 3 of this act, the department may make disbursements from the fund. The fund is not subject to legislative appropriation.


             NEW SECTION. Sec. 96. (1) On the effective date of this section, all powers, duties, and functions of the department of agriculture under chapters 16.57, 16.58, and 16.65 RCW except those identified as remaining with the department in RCW 16.65.350 and 16.65.360 are transferred to the livestock identification board. The authority to adopt rules regarding those powers, duties, and functions is transferred to the livestock identification board and the administration of those powers, duties, and functions is transferred to the board.

             (2)(a) All funds, credits, or other assets, including but not limited to those in the agricultural local fund, held by the department of agriculture in connection with the powers, functions, and duties transferred shall be assigned to the board.

             (b) At any time after June 30, 2004, and at the conclusion of a contract under which the department of agriculture conducts by contract activities for the livestock identification board, the board may request the transfer and the department shall, upon such a request, transfer to the custody of the board all reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of agriculture pertaining to the functions performed by contract by the department for the board and all cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department to perform such duties on behalf of the board.

             (c) Whenever any question arises as to the transfer of any 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 rules of the department of agriculture adopted under chapter 16.57 RCW in effect on the effective date of this section, all rules adopted by the department under chapter 16.58 RCW in effect on the effective date of this section, and all rules adopted by the department under chapter 16.65 RCW, except for those adopted under the authorities retained by the department under RCW 16.65.350 and 16.65.360, in effect on the effective date of this section are, on the effective date of this section, rules of the livestock identification board. All proposed rules and all pending business before the department of agriculture pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the board. All existing contracts and obligations shall remain in full force and shall be performed by the board. All registrations made with the department under chapter 16.57 RCW, all licenses issued by the department under chapter 16.58 RCW, and all licenses issued by the department under chapter 16.65 RCW before the effective date of this section shall be considered to be registrations with and licenses issued by the board.

             (4) The transfer of the powers, duties, and functions of the department of agriculture shall not affect the validity of any act performed before the effective date of this section. The board shall take action to enforce against violations of chapters 16.57, 16.58, and 16.65 RCW and rules adopted thereunder regarding authorities transferred to the board by this act which occurred before the effective date of this section and for which enforcement is not taken by the department before the effective date of this section with the same force and effect as it may take actions to enforce chapters 16.57 and 16.58 RCW and rules adopted thereunder after the effective date of this section. Any enforcement action taken by the department of agriculture under chapter 16.57, 16.58, or 16.65 RCW regarding authorities transferred to the board by this act, or the rules adopted thereunder and not concluded before the effective date of this section, shall be continued in the name of the board.

             (5) As used in this section "livestock identification board" and "board" means the board created under RCW 16.57.015.


             NEW SECTION. Sec. 97. (1) The following acts or parts of acts are each repealed:

             (a) 1997 c 356 s 3;

             (b) 1997 c 356 s 5;

             (c) 1997 c 356 s 9;

             (d) 1997 c 356 s 11;

             (e) RCW 16.57.380 and 1991 c 110 s 8, 1981 c 296 s 22, & 1974 ex.s. c 38 s 1; and

             (f) RCW 16.65.110 and 1959 c 107 s 11.

             (2) This section is null and void unless subsections (1) through (5) of section 2 of this act and section 96 of this act become law.


             NEW SECTION. Sec. 98. This act takes effect July 1, 1998, except that appointments may be made by the governor and proposed contracts may be developed under RCW 16.57.015 prior to July 1, 1998, to provide for an orderly transition of authority under this act."


             Correct the title.

 

Signed by Representatives Chandler, Chairman; Parlette, Vice Chairman; Schoesler, Vice Chairman; Anderson, Assistant Ranking Minority Member; Delvin; Koster and Sump.

 

MINORITY recommendation: Without recommendation. Signed by Representative Cooper.


             Voting Yea: Representatives Chandler, Schoesler, Parlette, Delvin, Koster and Sump.

             Voting Nay: Representative Cooper.

             Excused: Representatives Linville, Anderson, Mastin and Regala.


             Passed to Committee on Appropriations.


February 26, 1998

SSB 6208          Prime Sponsor, Senate Committee on Human Services & Corrections: Revising procedures for at-risk youth. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


"PART I - CRISIS RESIDENTIAL CENTERS AND STAFF-SECURE

TREATMENT CENTERS


             NEW SECTION. Sec. 1. A new section is added to chapter 74.13 RCW to read as follows:

             Any county or group of counties may make application to the department of social and health services in the manner and form prescribed by the department to administer and provide the services established under RCW 13.32A.197. Any such application must include a plan or plans for providing such services to at-risk youth.


             NEW SECTION. Sec. 2. A new section is added to chapter 74.13 RCW to read as follows:

             No county may receive any state funds provided by section 1 of this act until its application and plan are received by the department.

             (1) The distribution of funds to a county or a group of counties shall be based on criteria including but not limited to the county's per capita income, regional or county at-risk populations, rates of poverty, and the presence of existing programs serving at-risk children.

             (2) The secretary of social and health services shall reimburse a county upon presentation and approval of a valid claim pursuant to this chapter based on actual performance in meeting the terms and conditions of the approved plan and contract. Funds received by participating counties under this chapter shall not be used to replace local funds for existing programs.

             (3) Funds available for county-operated staff-secure facilities and services under RCW 13.32A.197 shall not exceed the appropriation for these services specified in the biennial operating budget.


             Sec. 3. RCW 74.13.031 and 1997 c 386 s 32 and 1997 c 272 s 1 are each reenacted and amended to read as follows:

             The department shall have the duty to provide child welfare services and shall:

             (1) Develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of homeless, runaway, dependent, or neglected children.

             (2) Within available resources, recruit an adequate number of prospective adoptive and foster homes, both regular and specialized, i.e. homes for children of ethnic minority, including Indian homes for Indian children, sibling groups, handicapped and emotionally disturbed, teens, pregnant and parenting teens, and annually report to the governor and the legislature concerning the department's success in: (a) Meeting the need for adoptive and foster home placements; (b) reducing the foster parent turnover rate; (c) completing home studies for legally free children; and (d) implementing and operating the passport program required by RCW 74.13.285. The report shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations."

             (3) Investigate complaints of alleged neglect, abuse, or abandonment of children, and on the basis of the findings of such investigation, offer child welfare services in relation to the problem to such parents, legal custodians, or persons serving in loco parentis, and/or bring the situation to the attention of an appropriate court, or another community agency: PROVIDED, That an investigation is not required of nonaccidental injuries which are clearly not the result of a lack of care or supervision by the child's parents, legal custodians, or persons serving in loco parentis. If the investigation reveals that a crime may have been committed, the department shall notify the appropriate law enforcement agency.

             (4) Offer, on a voluntary basis, family reconciliation services to families who are in conflict.

             (5) Monitor out-of-home placements, on a timely and routine basis, to assure the safety, well-being, and quality of care being provided is within the scope of the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and annually submit a report measuring the extent to which the department achieved the specified goals to the governor and the legislature.

             (6) Have authority to accept custody of children from parents and to accept custody of children from juvenile courts, where authorized to do so under law, to provide child welfare services including placement for adoption, and to provide for the physical care of such children and make payment of maintenance costs if needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives children for adoption from the department shall discriminate on the basis of race, creed, or color when considering applications in their placement for adoption.

             (7) Have authority to provide temporary shelter to children who have run away from home and who are admitted to crisis residential centers.

             (8) Have authority to purchase care for children; and shall follow in general the policy of using properly approved private agency services for the actual care and supervision of such children insofar as they are available, paying for care of such children as are accepted by the department as eligible for support at reasonable rates established by the department.

             (9) Establish a children's services advisory committee which shall assist the secretary in the development of a partnership plan for utilizing resources of the public and private sectors, and advise on all matters pertaining to child welfare, licensing of child care agencies, adoption, and services related thereto. At least one member shall represent the adoption community.

             (10) Have authority to provide continued foster care or group care for individuals from eighteen through twenty years of age to enable them to complete their high school or vocational school program.

             (11) Have authority within funds appropriated for foster care services to purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state juvenile court order; and the purchase of such care shall be subject to the same eligibility standards and rates of support applicable to other children for whom the department purchases care.

             (12) Provide funding for counties to operate treatment facilities and provide treatment services to children who have been ordered placed in a staff secure facility under RCW 13.32A.197.

             Notwithstanding any other provision of RCW 13.32A.170 through 13.32A.200 and 74.13.032 through 74.13.036, or of this section all services to be provided by the department of social and health services under subsections (4), (6), and (7) of this section, or counties under subsection (12) of this section, subject to the limitations of these subsections, may be provided by any program offering such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974.


             Sec. 4. RCW 74.13.032 and 1995 c 312 s 60 are each amended to read as follows:

             (1) The department shall establish, by contracts with private or public vendors, regional crisis residential centers with semi-secure facilities. These facilities shall be structured group care facilities licensed under rules adopted by the department and shall have an average of at least four adult staff members and in no event less than three adult staff members to every eight children.

             (2) Within available funds appropriated for this purpose, the department shall establish, by contracts with private or public vendors, regional crisis residential centers with secure facilities. These facilities shall be facilities licensed under rules adopted by the department. These centers may also include semi-secure facilities and to such extent shall be subject to subsection (1) of this section.

             (3) The department shall, in addition to the facilities established under subsections (1) and (2) of this section, establish additional crisis residential centers pursuant to contract with licensed private group care facilities.

             (4) The staff at the facilities established under this section shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles that recognize the need for support and the varying circumstances that cause children to leave their families, and carry out the responsibilities stated in RCW 13.32A.090. The responsibilities stated in RCW 13.32A.090 may, in any of the centers, be carried out by the department.

             (5) The secure facilities located within crisis residential centers shall be operated to conform with the definition in RCW 13.32A.030. The facilities shall have an average of no ((more)) less than ((three)) one adult staff member((s)) to every ((eight)) ten children. The staffing ratio shall continue to ensure the safety of the children.

             (6) ((A center with secure facilities created under this section may not be located within, or on the same grounds as, other secure structures including jails, juvenile detention facilities operated by the state, or units of local government. However, the secretary may, following consultation with the appropriate county legislative authority, make a written finding that location of a center with secure facilities on the same grounds as another secure structure is the only practical location for a secure facility. Upon the written finding a secure facility may be located on the same grounds as the secure structure. Where)) If a secure crisis residential center is located in or adjacent to a secure juvenile detention facility, the center shall be operated in a manner that prevents in-person contact between the residents of the center and the persons held in such facility.


             NEW SECTION. Sec. 5. A new section is added to chapter 74.13 RCW to read as follows:

             (1) A county or group of counties operating a staff-secure facility under sections 1 and 2 of this act shall establish, by contracts with private or public vendors, treatment centers with staff secure facilities. These facilities shall be structured group care facilities licensed under rules adopted by the department.

             (2) The staff at the facilities established under RCW 13.32A.197 shall be trained so that they may effectively counsel, supervise, provide treatment for behavioral difficulties or needs, and provide structure to the juveniles admitted to treatment facilities. The treatment, supervision, and counseling must recognize the need for support and the varying circumstances that cause children to leave their families.

             (3) Juveniles shall be admitted to the facilities based on a court order for placement at a staff secure facility to receive treatment under RCW 13.32A.197. Juveniles shall not be denied admission based on their county of residence.


PART II - MENTAL HEALTH AND CHEMICAL DEPENDENCY TREATMENT


             NEW SECTION. Sec. 6. The legislature finds it is often necessary for parents to obtain mental health or chemical dependency treatment for their minor children prior to the time the child's condition presents a likelihood of serious harm or the child becomes gravely disabled. The legislature finds that treatment of such conditions is not the equivalent of incarceration or detention, but is a legitimate act of parental discretion, when supported by decisions of credentialed professionals. The legislature finds that, consistent with Parham v. J.R., 442 U.S. 584 (1979), state action is not involved in the determination of a parent and professional person to admit a minor child to treatment and finds this act provides sufficient independent review by the department of social and health services, as a neutral fact-finder, to protect the interests of all parties. The legislature intends and recognizes that children affected by the provisions of this act are not children whose mental or substance abuse problems are adequately addressed by chapters 70.96A and 71.34 RCW. Therefore, the legislature finds it is necessary to provide parents a statutory process, other than the petition process provided in chapters 70.96A and 71.34 RCW, to obtain treatment for their minor children without the consent of the children.

             The legislature finds that differing standards of admission and review in parent-initiated mental health and chemical dependency treatment for their minor children are necessary and the admission standards and procedures under state involuntary treatment procedures are not adequate to provide safeguards for the safety and well-being of all children. The legislature finds the timeline for admission and reviews under existing law do not provide sufficient opportunities for assessment of the mental health and chemically dependent status of every minor child and that additional time and different standards will facilitate the likelihood of successful treatment of children who are in need of assistance but unwilling to obtain it voluntarily. The legislature finds there are children whose behavior presents a clear need of medical treatment but is not so extreme as to require immediate state intervention under the state involuntary treatment procedures.


PART II-A - MENTAL HEALTH


             Sec. 7. RCW 71.34.010 and 1992 c 205 s 302 are each amended to read as follows:

             It is the purpose of this chapter to ((ensure)) assure that minors in need of mental health care and treatment receive an appropriate continuum of culturally relevant care and treatment, ((from)) including prevention and early intervention ((to)), self-directed care, parent-directed care, and involuntary treatment. To facilitate the continuum of care and treatment to minors in out-of-home placements, all divisions of the department that provide mental health services to minors shall jointly plan and deliver those services.

             It is also the purpose of this chapter to protect the rights of minors against needless hospitalization and deprivations of liberty and to enable treatment decisions to be made in response to clinical needs in accordance with sound professional judgment. The mental health care and treatment providers shall encourage the use of voluntary services and, whenever clinically appropriate, the providers shall offer less restrictive alternatives to inpatient treatment. Additionally, all mental health care and treatment providers shall ((ensure)) assure that minors' parents are given an opportunity to participate in the treatment decisions for their minor children. The mental health care and treatment providers shall, to the extent possible, offer services that involve minors' parents or family.

             It is also the purpose of this chapter to assure the ability of parents to exercise reasonable, compassionate care and control of their minor children when there is a medical necessity for treatment and without the requirement of filing a petition under this chapter.


             Sec. 8. RCW 71.34.020 and 1985 c 354 s 2 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Child psychiatrist" means a person having a license as a physician and surgeon in this state, who has had graduate training in child psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and who is board eligible or board certified in child psychiatry.

             (2) "Children's mental health specialist" means:

             (a) A mental health professional who has completed a minimum of one hundred actual hours, not quarter or semester hours, of specialized training devoted to the study of child development and the treatment of children; and

             (b) A mental health professional who has the equivalent of one year of full-time experience in the treatment of children under the supervision of a children's mental health specialist.

             (3) "Commitment" means a determination by a judge or court commissioner, made after a commitment hearing, that the minor is in need of inpatient diagnosis, evaluation, or treatment or that the minor is in need of less restrictive alternative treatment.

             (4) "County-designated mental health professional" means a mental health professional designated by one or more counties to perform the functions of a county-designated mental health professional described in this chapter.

             (5) "Department" means the department of social and health services.

             (6) "Evaluation and treatment facility" means a public or private facility or unit that is certified by the department to provide emergency, inpatient, residential, or outpatient mental health evaluation and treatment services for minors. A physically separate and separately-operated portion of a state hospital may be designated as an evaluation and treatment facility for minors. A facility which is part of or operated by the department or federal agency does not require certification. No correctional institution or facility, juvenile court detention facility, or jail may be an evaluation and treatment facility within the meaning of this chapter.

             (7) "Evaluation and treatment program" means the total system of services and facilities coordinated and approved by a county or combination of counties for the evaluation and treatment of minors under this chapter.

             (8) "Gravely disabled minor" means a minor who, as a result of a mental disorder, is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety, or manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.

             (9) "Inpatient treatment" means twenty-four-hour-per-day mental health care provided within a general hospital, psychiatric hospital, or residential treatment facility certified by the department as an evaluation and treatment facility for minors.

             (10) "Less restrictive alternative" or "less restrictive setting" means outpatient treatment provided to a minor who is not residing in a facility providing inpatient treatment as defined in this chapter.

             (11) "Likelihood of serious harm" means either: (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others.

             (12) "Medical necessity" for inpatient care means a requested service which is reasonably calculated to: (a) Diagnose, correct, cure, or alleviate a mental disorder; or (b) prevent the worsening of mental conditions that endanger life or cause suffering and pain, or result in illness or infirmity or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available.

             (13) "Mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. The presence of alcohol abuse, drug abuse, juvenile criminal history, antisocial behavior, or mental retardation alone is insufficient to justify a finding of "mental disorder" within the meaning of this section.

             (((13))) (14) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary under this chapter.

             (((14))) (15) "Minor" means any person under the age of eighteen years.

             (((15))) (16) "Outpatient treatment" means any of the nonresidential services mandated under chapter 71.24 RCW and provided by licensed services providers as identified by RCW 71.24.025(3).

             (((16))) (17) "Parent" means:

             (a) A biological or adoptive parent who has legal custody of the child, including either parent if custody is shared under a joint custody agreement; or

             (b) A person or agency judicially appointed as legal guardian or custodian of the child.

             (((17))) (18) "Professional person in charge" or "professional person" means a physician or other mental health professional empowered by an evaluation and treatment facility with authority to make admission and discharge decisions on behalf of that facility.

             (((18))) (19) "Psychiatric nurse" means a registered nurse who has a bachelor's degree from an accredited college or university, and who has had, in addition, at least two years' experience in the direct treatment of mentally ill or emotionally disturbed persons, such experience gained under the supervision of a mental health professional. "Psychiatric nurse" shall also mean any other registered nurse who has three years of such experience.

             (((19))) (20) "Psychiatrist" means a person having a license as a physician in this state who has completed residency training in psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and is board eligible or board certified in psychiatry.

             (((20))) (21) "Psychologist" means a person licensed as a psychologist under chapter 18.83 RCW.

             (((21))) (22) "Responsible other" means the minor, the minor's parent or estate, or any other person legally responsible for support of the minor.

             (((22))) (23) "Secretary" means the secretary of the department or secretary's designee.

             (((23))) (24) "Start of initial detention" means the time of arrival of the minor at the first evaluation and treatment facility offering inpatient treatment if the minor is being involuntarily detained at the time. With regard to voluntary patients, "start of initial detention" means the time at which the minor gives notice of intent to leave under the provisions of this chapter.


             Sec. 9. RCW 71.34.025 and 1995 c 312 s 56 are each amended to read as follows:

             (1) ((The admission of any child under RCW 71.34.030 may be reviewed by the county-designated mental health professional between fifteen and thirty days following admission. The county-designated mental health professional may undertake the review on his or her own initiative and may seek reimbursement from the parents, their insurance, or medicaid for the expense of the review.

             (2))) The department shall ((ensure)) assure that, for any minor admitted to inpatient treatment under section 18 of this act, a review is conducted ((no later than sixty days)) by a physician or other mental health professional who is employed by the department, or an agency under contract with the department, and who neither has a financial interest in continued inpatient treatment of the minor nor is affiliated with the facility providing the treatment. The physician or other mental health professional shall conduct the review not less than seven nor more than fourteen days following ((admission)) the date the minor was brought to the facility under section 18(1) of this act to determine whether it is ((medically appropriate)) a medical necessity to continue the ((child's)) minor's treatment on an inpatient basis. ((The department may, subject to available funds, contract with a county for the conduct of the review conducted under this subsection and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.

             If the county-designated mental health professional determines that continued inpatient treatment of the child is no longer medically appropriate, the professional shall notify the facility, the child, the child's parents, and the department of the finding within twenty-four hours of the determination.

             (3) For purposes of eligibility for medical assistance under chapter 74.09 RCW, children in inpatient mental health or chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the child has been assessed by the department of social and health services or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the child's parents are found to not be exercising responsibility for care and control of the child. Payment for such care by the department of social and health services shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.))

             (2) In making a determination under subsection (1) of this section, the department shall consider the opinion of the treatment provider, the safety of the minor, and the likelihood the minor's mental health will deteriorate if released from inpatient treatment. The department shall consult with the parent in advance of making its determination.

             (3) If, after any review conducted by the department under this section, the department determines it is no longer a medical necessity for a minor to receive inpatient treatment, the department shall immediately notify the parents and the facility. The facility shall release the minor to the parents within twenty-four hours of receiving notice. If the professional person in charge and the parent believe that it is a medical necessity for the minor to remain in inpatient treatment, the minor shall be released to the parent on the second judicial day following the department's determination in order to allow the parent time to file an at-risk youth petition under chapter 13.32A RCW. If the department determines it is a medical necessity for the minor to receive outpatient treatment and the minor declines to obtain such treatment, such refusal shall be grounds for the parent to file an at-risk youth petition.

             (4) If the evaluation conducted under section 18 of this act is done by the department, the reviews required by subsection (1) of this section shall be done by contract with an independent agency.

             (5) The department may, subject to available funds, contract with other governmental agencies to conduct the reviews under this section. The department may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.

             (6) In addition to the review required under this section, the department may periodically determine and redetermine the medical necessity of treatment for purposes of payment with public funds.


             NEW SECTION. Sec. 10. A new section is added to chapter 71.34 RCW to read as follows:

             For purposes of eligibility for medical assistance under chapter 74.09 RCW, minors in inpatient mental health treatment shall be considered to be part of their parent's or legal guardian's household, unless the minor has been assessed by the department or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the parents are found to not be exercising responsibility for care and control of the minor. Payment for such care by the department shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.


PART II-B - VOLUNTARY MENTAL HEALTH OUTPATIENT TREATMENT


             Sec. 11. RCW 71.34.030 and 1995 c 312 s 52 are each amended to read as follows:

             (((1))) Any minor thirteen years or older may request and receive outpatient treatment without the consent of the minor's parent. Parental authorization is required for outpatient treatment of a minor under the age of thirteen.

             (((2) When in the judgment of the professional person in charge of an evaluation and treatment facility there is reason to believe that a minor is in need of inpatient treatment because of a mental disorder, and the facility provides the type of evaluation and treatment needed by the minor, and it is not feasible to treat the minor in any less restrictive setting or the minor's home, the minor may be admitted to an evaluation and treatment facility in accordance with the following requirements:

             (a) A minor may be voluntarily admitted by application of the parent. The consent of the minor is not required for the minor to be evaluated and admitted as appropriate.

             (b) A minor thirteen years or older may, with the concurrence of the professional person in charge of an evaluation and treatment facility, admit himself or herself without parental consent to the evaluation and treatment facility, provided that notice is given by the facility to the minor's parent in accordance with the following requirements:

             (i) Notice of the minor's admission shall be in the form most likely to reach the parent within twenty-four hours of the minor's voluntary admission and shall advise the parent that the minor has been admitted to inpatient treatment; the location and telephone number of the facility providing such treatment; and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for inpatient treatment with the parent.

             (ii) The minor shall be released to the parent at the parent's request for release unless the facility files a petition with the superior court of the county in which treatment is being provided setting forth the basis for the facility's belief that the minor is in need of inpatient treatment and that release would constitute a threat to the minor's health or safety.

             (iii) The petition shall be signed by the professional person in charge of the facility or that person's designee.

             (iv) The parent may apply to the court for separate counsel to represent the parent if the parent cannot afford counsel.

             (v) There shall be a hearing on the petition, which shall be held within three judicial days from the filing of the petition.

             (vi) The hearing shall be conducted by a judge, court commissioner, or licensed attorney designated by the superior court as a hearing officer for such hearing. The hearing may be held at the treatment facility.

             (vii) At such hearing, the facility must demonstrate by a preponderance of the evidence presented at the hearing that the minor is in need of inpatient treatment and that release would constitute a threat to the minor's health or safety. The hearing shall not be conducted using the rules of evidence, and the admission or exclusion of evidence sought to be presented shall be within the exercise of sound discretion by the judicial officer conducting the hearing.

             (c) Written renewal of voluntary consent must be obtained from the applicant no less than once every twelve months.

             (d) The minor's need for continued inpatient treatments shall be reviewed and documented no less than every one hundred eighty days.

             (3) A notice of intent to leave shall result in the following:

             (a) Any minor under the age of thirteen must be discharged immediately upon written request of the parent.

             (b) Any minor thirteen years or older voluntarily admitted may give notice of intent to leave at any time. The notice need not follow any specific form so long as it is written and the intent of the minor can be discerned.

             (c) The staff member receiving the notice shall date it immediately, record its existence in the minor's clinical record, and send copies of it to the minor's attorney, if any, the county-designated mental health professional, and the parent.

             (d) The professional person in charge of the evaluation and treatment facility shall discharge the minor, thirteen years or older, from the facility within twenty-four hours after receipt of the minor's notice of intent to leave, unless the county-designated mental health professional or a parent or legal guardian files a petition or an application for initial detention within the time prescribed by this chapter.

             (4) The ability of a parent to apply to a certified evaluation and treatment program for the involuntary admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state. However, the state may provide services for indigent minors to the extent that funds are available therefor.))


             NEW SECTION. Sec. 12. For the purpose of gathering information related to parental notification of outpatient mental health treatment of minors, the department of health shall conduct a survey of providers of outpatient treatment, as defined in chapter 71.34 RCW. The survey shall gather information from a statistically valid sample of providers. In accordance with confidentiality statutes and the physician-patient privilege, the survey shall secure information from the providers related to:

             (1) The number of minors receiving outpatient treatment;

             (2) The number of parents of minors in treatment notified of the minor's treatment;

             (3) The average number of outpatient visits prior to parental notification;

             (4) The average number of treatments with parental notification;

             (5) The average number of treatments without parental notification;

             (6) The percentage of minors in treatment who are prescribed medication;

             (7) The medication prescribed;

             (8) The number of patients terminating treatment due to parental notification; and

             (9) Any other pertinent information.

             The department shall submit the survey results to the governor and the appropriate committees of the legislature by December 1, 1998.

             This section expires June 1, 1999.


PART II-C - VOLUNTARY MENTAL HEALTH INPATIENT TREATMENT


             NEW SECTION. Sec. 13. A new section is added to chapter 71.34 RCW to read as follows:

             (1) A minor thirteen years or older may admit himself or herself to an evaluation and treatment facility for inpatient mental treatment, without parental consent. The admission shall occur only if the professional person in charge of the facility concurs with the need for inpatient treatment.

             (2) When, in the judgment of the professional person in charge of an evaluation and treatment facility, there is reason to believe that a minor is in need of inpatient treatment because of a mental disorder, and the facility provides the type of evaluation and treatment needed by the minor, and it is not feasible to treat the minor in any less restrictive setting or the minor's home, the minor may be admitted to an evaluation and treatment facility.

             (3) Written renewal of voluntary consent must be obtained from the applicant no less than once every twelve months. The minor's need for continued inpatient treatments shall be reviewed and documented no less than every one hundred eighty days.


             NEW SECTION. Sec. 14. A new section is added to chapter 71.34 RCW to read as follows:

             The administrator of the treatment facility shall provide notice to the parents of a minor when the minor is voluntarily admitted to inpatient treatment under section 13 of this act. The notice shall be in the form most likely to reach the parent within twenty-four hours of the minor's voluntary admission and shall advise the parent: (1) That the minor has been admitted to inpatient treatment; (2) of the location and telephone number of the facility providing such treatment; (3) of the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for inpatient treatment with the parent; and (4) of the medical necessity for admission.


             NEW SECTION. Sec. 15. A new section is added to chapter 71.34 RCW to read as follows:

             (1) Any minor thirteen years or older voluntarily admitted to an evaluation and treatment facility under section 13 of this act may give notice of intent to leave at any time. The notice need not follow any specific form so long as it is written and the intent of the minor can be discerned.

             (2) The staff member receiving the notice shall date it immediately, record its existence in the minor's clinical record, and send copies of it to the minor's attorney, if any, the county-designated mental health professional, and the parent.

             (3) The professional person shall discharge the minor, thirteen years or older, from the facility upon receipt of the minor's notice of intent to leave.


PART II-D - PARENT-INITIATED MENTAL HEALTH TREATMENT


             NEW SECTION. Sec. 16. A new section is added to chapter 71.34 RCW to read as follows:

             (1) A parent may bring, or authorize the bringing of, his or her minor child to an evaluation and treatment facility and request that the professional person examine the minor to determine whether the minor has a mental disorder and is in need of inpatient treatment.

             (2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor to the facility.

             (3) An appropriately trained professional person may evaluate whether the minor has a mental disorder. The evaluation shall be completed within twenty-four hours of the time the minor was brought to the facility, unless the professional person determines that the condition of the minor necessitates additional time for evaluation. In no event shall a minor be held longer than seventy-two hours for evaluation. If, in the judgment of the professional person, it is determined it is a medical necessity for the minor to receive inpatient treatment, the minor may be held for treatment. The facility shall limit treatment to that which the professional person determines is medically necessary to stabilize the minor's condition until the evaluation has been completed. Within twenty-four hours of completion of the evaluation, the professional person shall notify the department if the child is held for treatment and of the date of admission.

             (4) No provider is obligated to provide treatment to a minor under the provisions of this section. No provider may admit a minor to treatment under this section unless it is medically necessary.

             (5) No minor receiving inpatient treatment under this section may be discharged from the facility based solely on his or her request.

             (6) Prior to the review conducted under RCW 71.34.025, the professional person shall notify the minor of his or her right to petition superior court for release from the facility.

             (7) For the purposes of this section "professional person" does not include a social worker, unless the social worker is certified under RCW 18.19.110 and appropriately trained and qualified by education and experience, as defined by the department, in psychiatric social work.


             NEW SECTION. Sec. 17. A new section is added to chapter 71.34 RCW to read as follows:

             (1) A parent may bring, or authorize the bringing of, his or her minor child to a provider of outpatient mental health treatment and request that an appropriately trained professional person examine the minor to determine whether the minor has a mental disorder and is in need of outpatient treatment.

             (2) The consent of the minor is not required for evaluation if the parent brings the minor to the provider.

             (3) The professional person may evaluate whether the minor has a mental disorder and is in need of outpatient treatment.

             (4) Any minor admitted to inpatient treatment under sections 13 or 16 of this act shall be discharged immediately from inpatient treatment upon written request of the parent.


             NEW SECTION. Sec. 18. A new section is added to chapter 71.34 RCW to read as follows:

             Following the review conducted under RCW 71.34.025, a minor child may petition the superior court for his or her release from the facility. The petition may be filed not sooner than five days following the review. The court shall release the minor unless it finds, upon a preponderance of the evidence, that it is a medical necessity for the minor to remain at the facility.


             NEW SECTION. Sec. 19. A new section is added to chapter 71.34 RCW to read as follows:

             If the minor is not released as a result of the petition filed under section 20 of this act, he or she shall be released not later than thirty days following the later of: (1) The date of the department's determination under RCW 71.34.025(2); or (2) the filing of a petition for judicial review under section 20 of this act, unless a professional person or the county designated mental health professional initiates proceedings under this chapter.


             NEW SECTION. Sec. 20. A new section is added to chapter 71.34 RCW to read as follows:

             The ability of a parent to bring his or her minor child to a certified evaluation and treatment program for evaluation and treatment does not create a right to obtain or benefit from any funds or resources of the state. The state may provide services for indigent minors to the extent that funds are available.


PART II-E - CHEMICAL DEPENDENCY


             Sec. 21. RCW 70.96A.020 and 1996 c 178 s 23 and 1996 c 133 s 33 are each reenacted and amended to read as follows:

             For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

             (1) "Alcoholic" means a person who suffers from the disease of alcoholism.

             (2) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

             (3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under this chapter.

             (4) "Chemical dependency" means alcoholism or drug addiction, or dependence on alcohol and one or more other psychoactive chemicals, as the context requires.

             (5) "Chemical dependency program" means expenditures and activities of the department designed and conducted to prevent or treat alcoholism and other drug addiction, including reasonable administration and overhead.

             (6) "Department" means the department of social and health services.

             (7) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and qualified to do so by meeting standards adopted by the department.

             (8) "Director" means the person administering the chemical dependency program within the department.

             (9) "Drug addict" means a person who suffers from the disease of drug addiction.

             (10) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

             (11) "Emergency service patrol" means a patrol established under RCW 70.96A.170.

             (12) "Gravely disabled by alcohol or other drugs" means that a person, as a result of the use of alcohol or other drugs: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by a repeated and escalating loss of cognition or volitional control over his or her actions and is not receiving care as essential for his or her health or safety.

             (13) "Incapacitated by alcohol or other psychoactive chemicals" means that a person, as a result of the use of alcohol or other psychoactive chemicals, has his or her judgment so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment and presents a likelihood of serious harm to himself or herself, to any other person, or to property.

             (14) "Incompetent person" means a person who has been adjudged incompetent by the superior court.

             (15) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals.

             (16) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.

             (17) "Likelihood of serious harm" means either: (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on one's self; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior that has caused the harm or that places another person or persons in reasonable fear of sustaining the harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others.

             (18) "Medical necessity" for inpatient care of a minor means a requested certified inpatient service that is reasonably calculated to: (a) Diagnose, arrest, or alleviate a chemical dependency; or (b) prevent the worsening of chemical dependency conditions that endanger life or cause suffering and pain, or result in illness or infirmity or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available.

             (19) "Minor" means a person less than eighteen years of age.

             (((19))) (20) "Parent" means the parent or parents who have the legal right to custody of the child. Parent includes custodian or guardian.

             (((20))) (21) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.

             (((21))) (22) "Person" means an individual, including a minor.

             (((22))) (23) "Professional person in charge" or "professional person" means a physician or chemical dependency counselor as defined in rule by the department, who is empowered by a certified treatment program with authority to make assessment, admission, continuing care, and discharge decisions on behalf of the certified program.

             (24) "Secretary" means the secretary of the department of social and health services.

             (((23))) (25) "Treatment" means the broad range of emergency, detoxification, residential, and outpatient services and care, including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.

             (((24))) (26) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of alcoholics or other drug addicts.


PART II-F - VOLUNTARY CHEMICAL DEPENDENCY OUTPATIENT TREATMENT


             Sec. 22. RCW 70.96A.095 and 1996 c 133 s 34 are each amended to read as follows:

             (((1))) Any person thirteen years of age or older may give consent for himself or herself to the furnishing of outpatient treatment by a chemical dependency treatment program certified by the department. ((Consent of the parent of a person less than eighteen years of age for inpatient treatment is necessary to authorize the care unless the child meets the definition of a child in need of services in RCW 13.32A.030(4)(c), as determined by the department.)) Parental authorization is required for any treatment of a minor under the age of thirteen. ((The parent of a minor is not liable for payment of care for such persons pursuant to this chapter, unless they have joined in the consent to the treatment.

             (2) The parent of any minor child may apply to a certified treatment program for the admission of his or her minor child for purposes authorized in this chapter. The consent of the minor child shall not be required for the application or admission. The certified treatment program shall accept the application and evaluate the child for admission. The ability of a parent to apply to a certified treatment program for the admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state. However, the state may provide services for indigent minors to the extent that funds are available therefor.

             (3) Any provider of outpatient treatment who provides outpatient treatment to a minor thirteen years of age or older shall provide notice of the minor's request for treatment to the minor's parents if: (a) The minor signs a written consent authorizing the disclosure; or (b) the treatment program director determines that the minor lacks capacity to make a rational choice regarding consenting to disclosure. The notice shall be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and telephone number of the facility providing treatment, and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for treatment with the parent.))


             NEW SECTION. Sec. 23. A new section is added to chapter 70.96A RCW to read as follows:

             Any provider of outpatient treatment who provides outpatient treatment to a minor thirteen years of age or older shall provide notice of the minor's request for treatment to the minor's parents if: (1) The minor signs a written consent authorizing the disclosure; or (2) the treatment program director determines that the minor lacks capacity to make a rational choice regarding consenting to disclosure. The notice shall be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and telephone number of the facility providing treatment, and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for treatment with the parent.


PART II-G - VOLUNTARY CHEMICAL DEPENDENCY INPATIENT TREATMENT


             NEW SECTION. Sec. 24. A new section is added to chapter 70.96A RCW to read as follows:

             Parental consent is required for inpatient chemical dependency treatment of a minor, unless the child meets the definition of a child in need of services in RCW 13.32A.030(4)(c) as determined by the department: PROVIDED, That parental consent is required for any treatment of a minor under the age of thirteen.

             This section does not apply to petitions filed under this chapter.


             NEW SECTION. Sec. 25. A new section is added to chapter 70.96A RCW to read as follows:

             (1) The parent of a minor is not liable for payment of inpatient or outpatient chemical dependency treatment unless the parent has joined in the consent to the treatment.

             (2) The ability of a parent to apply to a certified treatment program for the admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state. However, the state may provide services for indigent minors to the extent that funds are available therefor.


PART II-H - PARENT-INITIATED CHEMICAL DEPENDENCY TREATMENT


             NEW SECTION. Sec. 26. A new section is added to chapter 70.96A RCW to read as follows:

             (1) A parent may bring, or authorize the bringing of, his or her minor child to a certified treatment program and request that a chemical dependency assessment be conducted by a professional person to determine whether the minor is chemically dependent and in need of inpatient treatment.

             (2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor to the program.

             (3) An appropriately trained professional person may evaluate whether the minor is chemically dependent. The evaluation shall be completed within twenty-four hours of the time the minor was brought to the program, unless the professional person determines that the condition of the minor necessitates additional time for evaluation. In no event shall a minor be held longer than seventy-two hours for evaluation. If, in the judgment of the professional person, it is determined it is a medical necessity for the minor to receive inpatient treatment, the minor may be held for treatment. The facility shall limit treatment to that which the professional person determines is medically necessary to stabilize the minor's condition until the evaluation has been completed. Within twenty-four hours of completion of the evaluation, the professional person shall notify the department if the child is held for treatment and of the date of admission.

             (4) No provider is obligated to provide treatment to a minor under the provisions of this section. No provider may admit a minor to treatment under this section unless it is medically necessary.

             (5) No minor receiving inpatient treatment under this section may be discharged from the program based solely on his or her request.

 


             Sec. 27. RCW 70.96A.097 and 1995 c 312 s 48 are each amended to read as follows:

             (1) ((The admission of any child under RCW 70.96A.095 may be reviewed by the county-designated chemical dependency specialist between fifteen and thirty days following admission. The county-designated chemical dependency specialist may undertake the review on his or her own initiative and may seek reimbursement from the parents, their insurance, or medicaid for the expense of the review.

             (2))) The department shall ensure that, for any minor admitted to inpatient treatment under section 28 of this act, a review is conducted ((no later than sixty days)) by a physician or chemical dependency counselor, as defined in rule by the department, who is employed by the department or an agency under contract with the department and who neither has a financial interest in continued inpatient treatment of the minor nor is affiliated with the program providing the treatment. The physician or chemical dependency counselor shall conduct the review not less than seven nor more than fourteen days following ((admission)) the date the minor was brought to the facility under section 28(1) of this act to determine whether it is ((medically appropriate)) a medical necessity to continue the ((child's)) minor's treatment on an inpatient basis. ((The department may, subject to available funds, contract with a county for the conduct of the review conducted under this subsection and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.

             If the county-designated chemical dependency specialist determines that continued inpatient treatment of the child is no longer medically appropriate, the specialist shall notify the facility, the child, the child's parents, and the department of the finding within twenty-four hours of the determination.

             (3) For purposes of eligibility for medical assistance under chapter 74.09 RCW, children in inpatient mental health or chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the child has been assessed by the department of social and health services or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the child's parents are found to not be exercising responsibility for care and control of the child. Payment for such care by the department of social and health services shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.))

             (2) In making a determination under subsection (1) of this section whether it is a medical necessity to release the minor from inpatient treatment, the department shall consider the opinion of the treatment provider, the safety of the minor, the likelihood the minor's chemical dependency recovery will deteriorate if released from inpatient treatment, and the wishes of the parent.

             (3) If, after any review conducted by the department under this section, the department determines it is no longer a medical necessity for a minor to receive inpatient treatment, the department shall immediately notify the parents and the professional person in charge. The professional person in charge shall release the minor to the parents within twenty-four hours of receiving notice. If the professional person in charge and the parent believe that it is a medical necessity for the minor to remain in inpatient treatment, the minor shall be released to the parent on the second judicial day following the department's determination in order to allow the parent time to file an at-risk youth petition under chapter 13.32A RCW. If the department determines it is a medical necessity for the minor to receive outpatient treatment and the minor declines to obtain such treatment, such refusal shall be grounds for the parent to file an at-risk youth petition.

             (4) The department may, subject to available funds, contract with other governmental agencies for the conduct of the reviews conducted under this section and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.

             (5) In addition to the review required under this section, the department may periodically determine and redetermine the medical necessity of treatment for purposes of payment with public funds.


             NEW SECTION. Sec. 28. A new section is added to chapter 70.96A RCW to read as follows:

             (1) A parent may bring, or authorize the bringing of, his or her minor child to a provider of outpatient chemical dependency treatment and request that an appropriately trained professional person examine the minor to determine whether the minor has a chemical dependency and is in need of outpatient treatment.

             (2) The consent of the minor is not required for evaluation if the parent brings the minor to the provider.

             (3) The professional person in charge of the program may evaluate whether the minor has a chemical dependency and is in need of outpatient treatment.

             (4) Any minor admitted to impatient treatment under section 28 of this act shall be discharged immediately from inpatient treatment upon written request of the parent.


             NEW SECTION. Sec. 29. A new section is added to chapter 70.96A RCW to read as follows:

             Following the review conducted under RCW 70.96A.097, a minor child may petition the superior court for his or her release from the facility. The petition may be filed not sooner than five days following the review. The court shall release the minor unless it finds, upon a preponderance of the evidence, that it is a medical necessity for the minor to remain at the facility.


             NEW SECTION. Sec. 30. A new section is added to chapter 70.96A RCW to read as follows:

             If the minor is not released as a result of the petition filed under section 31 of this act, he or she shall be released not later than thirty days following the later of: (1) The date of the department's determination under RCW 70.96A.097(2); or (2) the filing of a petition for judicial review under section 31 of this act, unless a professional person or the designated chemical dependency specialist initiates proceedings under this chapter.


             NEW SECTION. Sec. 31. A new section is added to chapter 70.96A RCW to read as follows:

             For purposes of eligibility for medical assistance under chapter 74.09 RCW, minors in inpatient chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the minor has been assessed by the department or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the parents are found to not be exercising responsibility for care and control of the minor. Payment for such care by the department shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.


             NEW SECTION. Sec. 32. It is the purpose of sections 28 and 30 of this act to assure the ability of parents to exercise reasonable, compassionate care and control of their minor children when there is a medical necessity for treatment and without the requirement of filing a petition under chapter 70.96A RCW.


             NEW SECTION. Sec. 33. The department of social and health services shall adopt rules defining "appropriately trained professional person" for the purposes of conducting mental health and chemical dependency evaluations under sections 18(3), 19(1), 28(3), and 30(1) of this act.


PART III - MISCELLANEOUS


             NEW SECTION. Sec. 34. The legislature finds that an essential component of the children in need of services, dependency, and truancy laws is the use of juvenile detention. As chapter 7.21 RCW is currently written, courts may not order detention time without a criminal charge being filed. It is the intent of the legislature to avoid the bringing of criminal charges against youth who need the guidance of the court rather than its punishment. The legislature further finds that ordering a child placed in detention is a remedial action, not a punitive one. Since the legislature finds that the state is required to provide instruction to children in detention, use of the courts' contempt powers is an effective means for furthering the education and protection of these children. Thus, it is the intent of the legislature to authorize a limited sanction of time in juvenile detention independent of chapter 7.21 RCW for failure to comply with court orders in truancy, child in need of services, at-risk youth, and dependency cases for the sole purpose of providing the courts with the tools necessary to enforce orders in these limited types of cases because other statutory contempt remedies are inadequate.


             Sec. 35. RCW 7.21.030 and 1989 c 373 s 3 are each amended to read as follows:

             (1) The court may initiate a proceeding to impose a remedial sanction on its own motion or on the motion of a person aggrieved by a contempt of court in the proceeding to which the contempt is related. Except as provided in RCW 7.21.050, the court, after notice and hearing, may impose a remedial sanction authorized by this chapter.

             (2) If the court finds that the person has failed or refused to perform an act that is yet within the person's power to perform, the court may find the person in contempt of court and impose one or more of the following remedial sanctions:

             (a) Imprisonment if the contempt of court is of a type defined in RCW 7.21.010(1) (b) through (d). The imprisonment may extend only so long as it serves a coercive purpose.

             (b) A forfeiture not to exceed two thousand dollars for each day the contempt of court continues.

             (c) An order designed to ensure compliance with a prior order of the court.

             (d) Any other remedial sanction other than the sanctions specified in (a) through (c) of this subsection if the court expressly finds that those sanctions would be ineffectual to terminate a continuing contempt of court.

             (e) In cases under chapters 13.32A, 13.34, and 28A.225 RCW, commitment to juvenile detention for a period of time not to exceed seven days. This sanction may be imposed in addition to, or as an alternative to, any other remedial sanction authorized by this chapter. This remedy is specifically determined to be a remedial sanction.

             (3) The court may, in addition to the remedial sanctions set forth in subsection (2) of this section, order a person found in contempt of court to pay a party for any losses suffered by the party as a result of the contempt and any costs incurred in connection with the contempt proceeding, including reasonable attorney's fees.


             Sec. 36. RCW 13.32A.250 and 1996 c 133 s 28 are each amended to read as follows:

             (1) In all child in need of services proceedings and at-risk youth proceedings, the court shall verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the terms of a court order entered pursuant to this chapter. Except as otherwise provided in this section, the court shall treat the parents and the child equally for the purposes of applying contempt of court processes and penalties under this section.

             (2) Failure by a party to comply with an order entered under this chapter is a civil contempt of court as provided in ((chapter 7.21)) RCW 7.21.030(2)(e), subject to the limitations of subsection (3) of this section.

             (3) The court may impose remedial sanctions including a fine of up to one hundred dollars and confinement for up to seven days, or both for contempt of court under this section.

             (4) A child placed in confinement for contempt under this section shall be placed in confinement only in a secure juvenile detention facility operated by or pursuant to a contract with a county.

             (5) A motion for contempt may be made by a parent, a child, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to this chapter.

             (6) Whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under this chapter, the court may issue an order directing law enforcement to pick up and take the child to detention. The order may be entered ex parte without prior notice to the child or other parties. Following the child's admission to detention, a detention review hearing must be held in accordance with RCW 13.32A.065.


             Sec. 37. RCW 13.34.165 and 1996 c 133 s 29 are each amended to read as follows:

             (1) Failure by a party to comply with an order entered under this chapter is civil contempt of court as provided in ((chapter 7.21)) RCW 7.21.030(2)(e).

             (2) The maximum term of imprisonment that may be imposed as a ((punitive)) remedial sanction for contempt of court under this section is confinement for up to seven days.

             (3) A child imprisoned for contempt under this section shall be confined only in a secure juvenile detention facility operated by or pursuant to a contract with a county.

             (4) A motion for contempt may be made by a parent, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order entered pursuant to this chapter.

             (5) Whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under this chapter, the court may issue an order directing law enforcement to pick up and take the child to detention. The order may be entered ex parte without prior notice to the child or other parties. Following the child's admission to detention, a detention review hearing must be held in accordance with RCW 13.32A.065.


             Sec. 38. RCW 28A.225.090 and 1997 c 68 s 2 are each amended to read as follows:

             (1) A court may order a child subject to a petition under RCW 28A.225.035 to:

             (a) Attend the child's current school;

             (b) If there is space available and the program can provide educational services appropriate for the child, order the child to attend another public school, an alternative education program, center, a skill center, dropout prevention program, or another public educational program;

             (c) Attend a private nonsectarian school or program including an education center. Before ordering a child to attend an approved or certified private nonsectarian school or program, the court shall: (i) Consider the public and private programs available; (ii) find that placement is in the best interest of the child; and (iii) find that the private school or program is willing to accept the child and will not charge any fees in addition to those established by contract with the student's school district. If the court orders the child to enroll in a private school or program, the child's school district shall contract with the school or program to provide educational services for the child. The school district shall not be required to contract for a weekly rate that exceeds the state general apportionment dollars calculated on a weekly basis generated by the child and received by the district. A school district shall not be required to enter into a contract that is longer than the remainder of the school year. A school district shall not be required to enter into or continue a contract if the child is no longer enrolled in the district;

             (d) Be referred to a community truancy board, if available; or

             (e) Submit to testing for the use of controlled substances or alcohol based on a determination that such testing is appropriate to the circumstances and behavior of the child and will facilitate the child's compliance with the mandatory attendance law.

             (2) If the child fails to comply with the court order, the court may order the child to be punished by detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as community service. Failure by a child to comply with an order issued under this subsection shall not be punishable by detention for a period greater than that permitted pursuant to a civil contempt proceeding against a child under chapter 13.32A RCW.

             (3) Any parent violating any of the provisions of either RCW 28A.225.010 or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the child's school did not perform its duties as required in RCW 28A.225.020. The court may order the parent to provide community service instead of imposing a fine. Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the child in a supervised plan for the child's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.


             NEW SECTION. Sec. 39. The legislature finds that predatory individuals, such as drug dealers, sexual marauders, and panderers, provide shelter to at-risk youth as a means of preying upon them. The legislature further finds that at-risk youth are vulnerable to the influence of these individuals. Thus, the legislature finds that it is important to the safety of Washington's youth that they be prevented from coming in contact with these predatory individuals. The legislature further finds that locating runaway children is the first step to preventing individuals from preying on these youth and to achieving family reconciliation. Therefore, the legislature intends to use punitive measures to create a clear disincentive for predatory individuals intending to take advantage of at-risk youth. The legislature further intends that all persons be required to report the location of a runaway minor, but that those individuals who fail to make such a report because they wish to have the minor remain unlocated as a means of preying upon them be punished for their failure to report the child's location.


             Sec. 40. RCW 13.32A.080 and 1994 sp.s. c 7 s 507 are each amended to read as follows:

             (1)(a) A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent's permission, and if the person intentionally:

             (i) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or

             (ii) Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or

             (iii) Obstructs a law enforcement officer from taking the minor into custody; or

             (iv) Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer; or

             (v) Engages the child in a crime; or

             (iv) Engages in a clear course of conduct that demonstrates an intent to contribute to the delinquency of a minor or the involvement of a minor in a sex offense as defined in RCW 9.94A.030.

             (b) It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.

             (2) Harboring a minor is punishable as a gross misdemeanor.

             (3) Any person who provides shelter to a child, absent from home, may notify the department's local community service office of the child's presence.

             (4) An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:

             (a) Distribution of a controlled substance to a minor, as defined in RCW 69.50.406;

             (b) Promoting prostitution as defined in chapter 9A.88 RCW; and

             (c) Complicity of the adult in the crime of a minor, under RCW 9A.08.020.


             Sec. 41. RCW 13.32A.082 and 1996 c 133 s 14 are each amended to read as follows:

             (1) Any person who, without legal authorization, provides shelter to a minor and who knows at the time of providing the shelter that the minor is away from the parent's home, or other lawfully prescribed residence, without the permission of the parent, shall promptly report the location of the child to the parent, the law enforcement agency of the jurisdiction in which the person lives, or the department. The report may be made by telephone or any other reasonable means.

             (2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.

             (a) "Shelter" means the person's home or any structure over which the person has any control.

             (b) "Promptly report" means to report within eight hours after the person has knowledge that the minor is away from home without parental permission.

             (3) When the department receives a report under subsection (1) of this section, it shall make a good faith attempt to notify the parent that a report has been received and offer services designed to resolve the conflict and accomplish a reunification of the family.

             (4) A person who does not report a child’s location in violation of subsection (1) of this section with the intent to contribute to the delinquency of a minor or engage the child in a crime is guilty of a misdemeanor.


             NEW SECTION. Sec. 42. Part headings used in this act do not constitute any part of the law.


             NEW SECTION. Sec. 43. This act may be known and cited as "the Becca act of 1998."

 

Signed by Representatives Cooke, Chairman; Boldt, Vice Chairman; Bush, Vice Chairman; Tokuda, Ranking Minority Member; Kastama, Assistant Ranking Minority Member; Ballasiotes; Carrell; Dickerson; Gombosky; McDonald and Wolfe.


             Voting Yea: Representatives Cooke, Boldt, Bush, Tokuda, Kastama, Ballasiotes, Carrell, Dickerson, Gombosky, McDonald and Wolfe.


             Referred to Committee on Appropriations.


February 27, 1998

SSB 6212          Prime Sponsor, Senate Committee on Law & Justice: Amending uniform act on fresh pursuit. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Constantine, Carrell, Kenney, Lambert, Mulliken and Sherstad.

             Excused: Representatives Costa, Cody, Lantz and Robertson.


             Passed to Rules Committee for second reading.


February 27, 1998

SB 6213            Prime Sponsor, Senator McCaslin: Extending the long arm statute to district court civil cases. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Constantine, Carrell, Kenney, Lambert, Mulliken and Sherstad.

             Excused: Representatives Costa, Cody, Lantz and Robertson.


             Passed to Rules Committee for second reading.


February 25, 1998

2SSB 6214        Prime Sponsor, Senate Committee on Ways & Means: Revising provisions relating to commitment of mentally ill persons. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. It is the intent of the legislature to: (1) Clarify that it is the nature of a person's current conduct, current mental condition, history, and likelihood of committing future acts that pose a threat to public safety or himself or herself, rather than simple categorization of offenses, that should determine treatment procedures and level; (2) improve and clarify the sharing of information between the mental health and criminal justice systems; and (3) provide additional opportunities for mental health treatment for persons whose conduct threatens himself or herself or threatens public safety and has led to contact with the criminal justice system.

             The legislature recognizes that a person can be incompetent to stand trial, but may not be gravely disabled or may not present a likelihood of serious harm. The legislature does not intend to create a presumption that a person who is found incompetent to stand trial is gravely disabled or presents a likelihood of serious harm requiring civil commitment.


             Sec. 2. RCW 71.05.010 and 1997 c 112 s 2 are each amended to read as follows:

             The provisions of this chapter are intended by the legislature:

             (1) To ((end)) prevent inappropriate, indefinite commitment of mentally disordered persons and to eliminate legal disabilities that arise from such commitment;

             (2) To provide prompt evaluation and timely and appropriate treatment of persons with serious mental disorders;

             (3) To safeguard individual rights;

             (4) To provide continuity of care for persons with serious mental disorders;

             (5) To encourage the full use of all existing agencies, professional personnel, and public funds to prevent duplication of services and unnecessary expenditures;

             (6) To encourage, whenever appropriate, that services be provided within the community;

             (7) To protect the public safety.


             Sec. 3. RCW 71.05.020 and 1997 c 112 s 3 are each amended to read as follows:

             For the purposes of this chapter:

             (1) "Antipsychotic medications((," also referred to as "neuroleptics,))" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders ((and currently includes phenothiazines, thioxanthenes, butyrophenone, dihydroindolone, and dibenzoxazipine));

             (2) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;

             (3) "County designated mental health professional" means a mental health professional appointed by the county to perform the duties specified in this chapter;

             (4) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from a facility providing involuntary care and treatment;

             (((4))) (5) "Department" means the department of social and health services;

             (((5))) (6) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, psychologist, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary;

             (((6))) (7) "Developmental disability" means that condition defined in RCW 71A.10.020(2);

             (((7))) (8) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility which is part of, or operated by, the department or any federal agency will not require certification. No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;

             (((8))) (9) "Gravely disabled" means a condition in which a person, as a result of a mental disorder: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety((,)); or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;

             (((9))) (10) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the individual being assisted as manifested by prior charged criminal conduct;

             (((10))) (11) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility or in confinement as a result of a criminal conviction;

             (12) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for an individual with developmental disabilities, which shall state:

             (a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;

             (b) The conditions and strategies necessary to achieve the purposes of habilitation;

             (c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;

             (d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;

             (e) The staff responsible for carrying out the plan;

             (f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge from involuntary confinement, and a projected possible date for discharge from involuntary confinement; and

             (g) The type of residence immediately anticipated for the person and possible future types of residences;

             (((11))) (13) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;

             (((12))) (14) "Likelihood of serious harm" means:

             (a) A substantial risk that: (i) Physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself((, (b) a substantial risk that)); (ii) physical harm will be inflicted by an individual upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm((, or (c) a substantial risk that)); or (iii) physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or

             (((13))) (b) The individual has threatened the physical safety of another and has a history of one or more violent acts;

             (15) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on an individual's cognitive or volitional functions;

             (((14))) (16) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

             (((15))) (17) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;

             (((16))) (18) "Private agency" means any person, partnership, corporation, or association not defined as a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, hospital, or sanitarium, which is conducted for, or includes a department or ward conducted for the care and treatment of persons who are mentally ill;

             (((17))) (19) "Professional person" ((shall)) means a mental health professional((, as above defined,)) and shall also mean a physician, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

             (((18))) (20) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;

             (((19))) (21) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW;

             (((20))) (22) "Public agency" means any evaluation and treatment facility or institution, hospital, or sanitarium which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill or deranged, if the agency is operated directly by, federal, state, county, or municipal government, or a combination of such governments;

             (((21))) (23) "Resource management services" has the meaning given in chapter 71.24 RCW;

             (((22))) (24) "Secretary" means the secretary of the department of social and health services, or his or her designee;

             (((23))) (25) "Social worker" means a person with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary;

             (26) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.


             Sec. 4. RCW 71.05.030 and 1985 c 354 s 31 are each amended to read as follows:

             Persons suffering from a mental disorder may not be involuntarily committed for treatment of such disorder except pursuant to provisions of this chapter, chapter 10.77 RCW ((or its successor)), chapter 71.06 RCW, chapter 71.34 RCW, transfer pursuant to RCW 72.68.031 through 72.68.037, or pursuant to court ordered evaluation and treatment not to exceed ninety days pending a criminal trial or sentencing.


             Sec. 5. RCW 71.05.035 and 1989 c 420 s 2 are each amended to read as follows:

             ((With respect to chapter 420, Laws of 1989,)) The legislature finds that among those persons who endanger the safety of others by committing ((felony)) crimes are a small number of persons with developmental disabilities. While their conduct is not typical of the vast majority of persons with developmental disabilities who are responsible citizens, for their own welfare and for the safety of others the state may need to exercise control over those few dangerous individuals who are developmentally disabled, have been charged with ((felony)) crimes that involve a threat to public safety or security, and have been found either incompetent to stand trial or not guilty by reason of insanity. The legislature finds, however, that the use of civil commitment procedures under chapter 71.05 RCW to effect state control over dangerous developmentally disabled persons has resulted in their commitment to institutions for the mentally ill. The legislature finds that existing programs in mental institutions may be inappropriate for persons who are developmentally disabled because the services provided in mental institutions are oriented to persons with mental illness, a condition not necessarily associated with developmental disabilities. Therefore, the legislature believes that, where appropriate, and subject to available funds, persons with developmental disabilities who have been charged with ((felony)) crimes that involve a threat to public safety or security and have been found incompetent to stand trial or not guilty by reason of insanity should receive state services addressing their needs, that such services must be provided in conformance with an individual habilitation plan, and that their initial treatment should be separate and discrete from treatment for persons involved in any other treatment or habilitation program in a manner consistent with the needs of public safety.


             Sec. 6. RCW 71.05.050 and 1997 c 112 s 5 are each amended to read as follows:

             Nothing in this chapter shall be construed to limit the right of any person to apply voluntarily to any public or private agency or practitioner for treatment of a mental disorder, either by direct application or by referral. Any person voluntarily admitted for inpatient treatment to any public or private agency shall be released immediately upon his or her request. Any person voluntarily admitted for inpatient treatment to any public or private agency shall orally be advised of the right to immediate release and further advised of such rights in writing as are secured to them pursuant to this chapter and their rights of access to attorneys, courts, and other legal redress. Their condition and status shall be reviewed at least once each one hundred eighty days for evaluation as to the need for further treatment and/or possible release, at which time they shall again be advised of their right to release upon request: PROVIDED HOWEVER, That if the professional staff of any public or private agency or hospital regards a person voluntarily admitted who requests release as presenting, as a result of a mental disorder, an imminent likelihood of serious harm, or is gravely disabled, they may detain such person for sufficient time to notify the ((designated)) county designated mental health professional of such person's condition to enable ((such)) the county designated mental health professional to authorize such person being further held in custody or transported to an evaluation and treatment center pursuant to the provisions of this chapter, which shall in ordinary circumstances be no later than the next judicial day: PROVIDED FURTHER, That if a person is brought to the emergency room of a public or private agency or hospital for observation or treatment, the person refuses voluntary admission, and the professional staff of the public or private agency or hospital regard such person as presenting as a result of a mental disorder an imminent likelihood of serious harm, or as presenting an imminent danger because of grave disability, they may detain such person for sufficient time to notify the ((designated)) county designated mental health professional of such person's condition to enable ((such)) the county designated mental health professional to authorize such person being further held in custody or transported to an evaluation treatment center pursuant to the conditions in this chapter, but which time shall be no more than six hours from the time the professional staff determine that an evaluation by the county designated mental health professional is necessary.


             Sec. 7. RCW 71.05.130 and 1991 c 105 s 3 are each amended to read as follows:

             In any judicial proceeding for involuntary commitment or detention, or in any proceeding challenging such commitment or detention, the prosecuting attorney for the county in which the proceeding was initiated shall represent the individuals or agencies petitioning for commitment or detention and shall defend all challenges to such commitment or detention: PROVIDED, That ((after January 1, 1980,)) the attorney general shall represent and provide legal services and advice to state hospitals or institutions with regard to all provisions of and proceedings under this chapter except in proceedings initiated by such hospitals and institutions seeking fourteen day detention.


             Sec. 8. RCW 71.05.150 and 1997 c 112 s 8 are each amended to read as follows:

             (1)(a) When a county designated mental health professional ((designated by the county)) receives information alleging that a person, as a result of a mental disorder: (i) Presents a likelihood of serious harm((,)); or (ii) is gravely disabled; ((such mental health professional)) the county designated mental health professional may, after investigation and evaluation of the specific facts alleged((,)) and of the reliability and credibility of ((the)) any person ((or persons, if any,)) providing information to initiate detention, ((may,)) if satisfied that the allegations are true and that the person will not voluntarily seek appropriate treatment, file a petition for initial detention. Before filing the petition, the county designated mental health professional must personally interview the person, unless the person refuses an interview, and determine whether the person will voluntarily receive appropriate evaluation and treatment at an evaluation and treatment facility.

             (b) Whenever it appears, by petition for initial detention, to the satisfaction of a judge of the superior court that a person presents, as a result of a mental disorder, a likelihood of serious harm, or is gravely disabled, and that the person has refused or failed to accept appropriate evaluation and treatment voluntarily, the judge may issue an order requiring the person to appear within twenty-four hours after service of the order at a designated evaluation and treatment facility for not more than a seventy-two hour evaluation and treatment period. The order shall state the address of the evaluation and treatment facility to which the person is to report and whether the required seventy-two hour evaluation and treatment services may be delivered on an outpatient or inpatient basis and that if the person named in the order fails to appear at the evaluation and treatment facility at or before the date and time stated in the order, such person may be involuntarily taken into custody for evaluation and treatment. The order shall also designate retained counsel or, if counsel is appointed from a list provided by the court, the name, business address, and telephone number of the attorney appointed to represent the person.

             (c) The county designated mental health professional shall then serve or cause to be served on such person, his or her guardian, and conservator, if any, a copy of the order to appear together with a notice of rights and a petition for initial detention. After service on such person the county designated mental health professional shall file the return of service in court and provide copies of all papers in the court file to the evaluation and treatment facility and the designated attorney. The county designated mental health professional shall notify the court and the prosecuting attorney that a probable cause hearing will be held within seventy-two hours of the date and time of outpatient evaluation or admission to the evaluation and treatment facility. The person shall be permitted to remain in his or her home or other place of his or her choosing prior to the time of evaluation and shall be permitted to be accompanied by one or more of his or her relatives, friends, an attorney, a personal physician, or other professional or religious advisor to the place of evaluation. An attorney accompanying the person to the place of evaluation shall be permitted to be present during the admission evaluation. Any other individual accompanying the person may be present during the admission evaluation. The facility may exclude the individual if his or her presence would present a safety risk, delay the proceedings, or otherwise interfere with the evaluation.

             (d) If the person ordered to appear does appear on or before the date and time specified, the evaluation and treatment facility may admit such person as required by RCW 71.05.170 or may provide treatment on an outpatient basis. If the person ordered to appear fails to appear on or before the date and time specified, the evaluation and treatment facility shall immediately notify the county designated mental health professional ((designated by the county)) who may notify a peace officer to take such person or cause such person to be taken into custody and placed in an evaluation and treatment facility. Should the county designated mental health professional notify a peace officer authorizing him or her to take a person into custody under the provisions of this subsection, he or she shall file with the court a copy of such authorization and a notice of detention. At the time such person is taken into custody there shall commence to be served on such person, his or her guardian, and conservator, if any, a copy of the original order together with a notice of detention, a notice of rights, and a petition for initial detention.

             (2) When a county designated mental health professional ((designated by the county)) receives information alleging that a person, as the result of a mental disorder, presents an imminent likelihood of serious harm, or is in imminent danger because of being gravely disabled, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of the person or persons providing the information if any, the county designated mental health professional may take such person, or cause by oral or written order such person to be taken into emergency custody in an evaluation and treatment facility for not more than seventy-two hours as described in RCW 71.05.180.

             (3) A peace officer may take such person or cause such person to be taken into custody and placed in an evaluation and treatment facility pursuant to subsection (1)(d) of this section.

             (4) A peace officer may, without prior notice of the proceedings provided for in subsection (1) of this section, take or cause such person to be taken into custody and immediately delivered to an evaluation and treatment facility or the emergency department of a local hospital:

             (a) Only pursuant to subsections (1)(d) and (2) of this section; or

             (b) When he or she has reasonable cause to believe that such person is suffering from a mental disorder and presents an imminent likelihood of serious harm or is in imminent danger because of being gravely disabled.

             (5) Persons delivered to evaluation and treatment facilities by peace officers pursuant to subsection (4)(b) of this section may be held by the facility for a period of up to twelve hours: PROVIDED, That they are examined by a mental health professional within three hours of their arrival. Within twelve hours of their arrival, the ((designated)) county designated mental health professional must file a supplemental petition for detention, and commence service on the designated attorney for the detained person.


             Sec. 9. RCW 71.05.160 and 1997 c 112 s 10 are each amended to read as follows:

             Any facility receiving a person pursuant to RCW 71.05.150 shall require a petition for initial detention stating the circumstances under which the person's condition was made known and stating that such officer or person has evidence, as a result of his or her personal observation or investigation, that the actions of the person for which application is made constitute a likelihood of serious harm, or that he or she is gravely disabled, and stating the specific facts known to him or her as a result of his or her personal observation or investigation, upon which he or she bases the belief that such person should be detained for the purposes and under the authority of this chapter.

             If a person is involuntarily placed in an evaluation and treatment facility pursuant to RCW 71.05.150, on the next judicial day following the initial detention, the county designated mental health professional ((designated by the county)) shall file with the court and serve the designated attorney of the detained person the petition or supplemental petition for initial detention, proof of service of notice, and a copy of a notice of emergency detention.


             Sec. 10. RCW 71.05.170 and 1997 c 112 s 11 are each amended to read as follows:

             Whenever the ((designated)) county designated mental health professional petitions for detention of a person whose actions constitute a likelihood of serious harm, or who is gravely disabled, the facility providing seventy-two hour evaluation and treatment must immediately accept on a provisional basis the petition and the person. The facility shall then evaluate the person's condition and admit or release such person in accordance with RCW 71.05.210. The facility shall notify in writing the court and the ((designated)) county designated mental health professional of the date and time of the initial detention of each person involuntarily detained in order that a probable cause hearing shall be held no later than seventy-two hours after detention.

             The duty of a state hospital to accept persons for evaluation and treatment under this section shall be limited by chapter 71.24 RCW.


             Sec. 11. RCW 71.05.200 and 1997 c 112 s 14 are each amended to read as follows:

             (1) Whenever any person is detained for evaluation and treatment pursuant to this chapter, both the person and, if possible, a responsible member of his or her immediate family, guardian, or conservator, if any, shall be advised as soon as possible in writing or orally, by the officer or person taking him or her into custody or by personnel of the evaluation and treatment facility where the person is detained that unless the person is released or voluntarily admits himself or herself for treatment within seventy-two hours of the initial detention:

             (a) That a judicial hearing in a superior court, either by a judge or court commissioner thereof, shall be held not more than seventy-two hours after the initial detention to determine whether there is probable cause to detain the person after the seventy-two hours have expired for up to an additional fourteen days without further automatic hearing for the reason that the person is a mentally ill person whose mental disorder presents a likelihood of serious harm or that the person is gravely disabled;

             (b) That the person has a right to communicate immediately with an attorney; has a right to have an attorney appointed to represent him or her before and at the probable cause hearing if he or she is indigent; and has the right to be told the name and address of the attorney the mental health professional has designated pursuant to this chapter;

             (c) That the person has the right to remain silent and that any statement he or she makes may be used against him or her;

             (d) That the person has the right to present evidence and to cross-examine witnesses who testify against him or her at the probable cause hearing; and

             (e) That the person has the right to refuse psychiatric medications, including antipsychotic medication beginning twenty-four hours prior to the probable cause hearing.

             (2) When proceedings are initiated under RCW 71.05.150 (2), (3), or (4)(b), no later than twelve hours after such person is admitted to the evaluation and treatment facility the personnel of the evaluation and treatment facility or the county designated mental health professional shall serve on such person a copy of the petition for initial detention and the name, business address, and phone number of the designated attorney and shall forthwith commence service of a copy of the petition for initial detention on the designated attorney.

             (3) The judicial hearing described in subsection (1) of this section is hereby authorized, and shall be held according to the provisions of subsection (1) of this section and rules promulgated by the supreme court.


             Sec. 12. RCW 71.05.210 and 1997 c 112 s 15 are each amended to read as follows:

             Each person involuntarily admitted to an evaluation and treatment facility shall, within twenty-four hours of his or her admission, be examined and evaluated by a licensed physician who may be assisted by a physician assistant according to chapter 18.71A RCW or an advanced registered nurse practitioner according to chapter 18.79 RCW and a mental health professional ((as defined in this chapter)), and shall receive such treatment and care as his or her condition requires including treatment on an outpatient basis for the period that he or she is detained, except that, beginning twenty-four hours prior to a ((court proceeding)) trial or hearing pursuant to RCW 71.05.215, 71.05.240, 71.05.310, 71.05.320, 71.05.340, or 71.05.370, the individual may refuse ((all but emergency life-saving treatment)) psychiatric medications, but may not refuse: (1) Any other medication previously prescribed by a person licensed under Title 18 RCW; or (2) emergency lifesaving treatment, and the individual shall be informed at an appropriate time of his or her right ((to)) of such refusal ((of treatment)). ((Such)) The person shall be detained up to seventy-two hours, if, in the opinion of the professional person in charge of the facility, or his or her professional designee, the person presents a likelihood of serious harm, or is gravely disabled. A person who has been detained for seventy-two hours shall no later than the end of such period be released, unless referred for further care on a voluntary basis, or detained pursuant to court order for further treatment as provided in this chapter.

             If, after examination and evaluation, the licensed physician and mental health professional determine that the initial needs of the person would be better served by placement in a chemical dependency treatment facility, then the person shall be referred to an approved treatment program defined under RCW 70.96A.020.

             An evaluation and treatment center admitting any person pursuant to this chapter whose physical condition reveals the need for hospitalization shall assure that such person is transferred to an appropriate hospital for treatment. Notice of such fact shall be given to the court, the designated attorney, and the ((designated)) county designated mental health professional and the court shall order such continuance in proceedings under this chapter as may be necessary, but in no event may this continuance be more than fourteen days.


             Sec. 13. RCW 71.05.230 and 1997 c 112 s 18 are each amended to read as follows:

             A person detained for seventy-two hour evaluation and treatment may be detained for not more than fourteen additional days of involuntary intensive treatment or ninety additional days of a less restrictive alternative to involuntary intensive treatment if the following conditions are met:

             (1) The professional staff of the agency or facility providing evaluation services has analyzed the person's condition and finds that the condition is caused by mental disorder and either results in a likelihood of serious harm, or results in the detained person being gravely disabled and are prepared to testify those conditions are met; and

             (2) The person has been advised of the need for voluntary treatment and the professional staff of the facility has evidence that he or she has not in good faith volunteered; and

             (3) The facility providing intensive treatment is certified to provide such treatment by the department; and

             (4) The professional staff of the agency or facility or the county designated mental health professional ((designated by the county)) has filed a petition for fourteen day involuntary detention or a ninety day less restrictive alternative with the court. The petition must be signed either by two physicians or by one physician and a mental health professional who have examined the person. If involuntary detention is sought the petition shall state facts that support the finding that such person, as a result of mental disorder, presents a likelihood of serious harm, or is gravely disabled and that there are no less restrictive alternatives to detention in the best interest of such person or others. The petition shall state specifically that less restrictive alternative treatment was considered and specify why treatment less restrictive than detention is not appropriate. If an involuntary less restrictive alternative is sought, the petition shall state facts that support the finding that such person, as a result of mental disorder, presents a likelihood of serious harm, or is gravely disabled and shall set forth the less restrictive alternative proposed by the facility; and

             (5) A copy of the petition has been served on the detained person, his or her attorney and his or her guardian or conservator, if any, prior to the probable cause hearing; and

             (6) The court at the time the petition was filed and before the probable cause hearing has appointed counsel to represent such person if no other counsel has appeared; and

             (7) The court has ordered a fourteen day involuntary intensive treatment or a ninety day less restrictive alternative treatment after a probable cause hearing has been held pursuant to RCW 71.05.240; and

             (8) At the conclusion of the initial commitment period, the professional staff of the agency or facility or the county designated mental health professional ((designated by the county)) may petition for an additional period of either ninety days of less restrictive alternative treatment or ninety days of involuntary intensive treatment as provided in RCW 71.05.290; and

             (9) If the hospital or facility designated to provide outpatient treatment is other than the facility providing involuntary treatment, the outpatient facility so designated has agreed to assume such responsibility.


             NEW SECTION. Sec. 14. A new section is added to chapter 71.05 RCW to read as follows:

             In making a determination of whether there is a likelihood of serious harm in a hearing conducted under RCW 71.05.240 or 71.05.320, the court shall give great weight to whether the person has: (1) A recent history of one or more violent acts; or (2) a recent history of one or more commitments under this chapter or its equivalent provisions under the laws of another state which were based on a likelihood of serious harm. The existence of prior violent acts or commitments under this chapter or its equivalent shall not be the sole basis for determining whether a person presents a likelihood of serious harm.

             For the purposes of this section "recent" refers to the period of time not exceeding three years prior to the current hearing.


             Sec. 15. RCW 71.05.280 and 1997 c 112 s 22 are each amended to read as follows:

             At the expiration of the fourteen-day period of intensive treatment, a person may be confined for further treatment pursuant to RCW 71.05.320 if:

             (1) Such person after having been taken into custody for evaluation and treatment has threatened, attempted, or inflicted: (a) Physical harm upon the person of another or himself or herself, or substantial damage upon the property of another, and (b) as a result of mental disorder presents a likelihood of serious harm; or

             (2) Such person was taken into custody as a result of conduct in which he or she attempted or inflicted physical harm upon the person of another or himself or herself, or substantial damage upon the property of others, and continues to present, as a result of mental disorder, a likelihood of serious harm; or

             (3) Such person has been determined to be incompetent and criminal charges have been dismissed pursuant to RCW 10.77.090(((3))) (4), and has committed acts constituting a felony, and as a result of a mental disorder, presents a substantial likelihood of repeating similar acts. In any proceeding pursuant to this subsection it shall not be necessary to show intent, willfulness, or state of mind as an element of the ((felony)) crime; or

             (4) Such person is gravely disabled.


             Sec. 16. RCW 71.05.290 and 1997 c 112 s 24 are each amended to read as follows:

             (1) At any time during a person's fourteen day intensive treatment period, the professional person in charge of a treatment facility or his or her professional designee or the ((designated)) county designated mental health professional may petition the superior court for an order requiring such person to undergo an additional period of treatment. Such petition must be based on one or more of the grounds set forth in RCW 71.05.280.

             (2) The petition shall summarize the facts which support the need for further confinement and shall be supported by affidavits signed by two examining physicians, or by one examining physician and examining mental health professional. The affidavits shall describe in detail the behavior of the detained person which supports the petition and shall explain what, if any, less restrictive treatments which are alternatives to detention are available to such person, and shall state the willingness of the affiant to testify to such facts in subsequent judicial proceedings under this chapter.

             (3) If a person has been determined to be incompetent pursuant to RCW 10.77.090(((3))) (4), then the professional person in charge of the treatment facility or his or her professional designee or the county designated mental health professional may directly file a petition for one hundred eighty day treatment under RCW 71.05.280(3). No petition for initial detention or fourteen day detention is required before such a petition may be filed.


             Sec. 17. RCW 71.05.300 and 1997 c 112 s 25 are each amended to read as follows:

             The petition for ninety day treatment shall be filed with the clerk of the superior court at least three days before expiration of the fourteen-day period of intensive treatment. At the time of filing such petition, the clerk shall set a time for the person to come before the court on the next judicial day after the day of filing unless such appearance is waived by the person's attorney, and the clerk shall notify the ((designated)) county designated mental health professional. The ((designated)) county designated mental health professional shall immediately notify the person detained, his or her attorney, if any, and his or her guardian or conservator, if any, and the prosecuting attorney, and provide a copy of the petition to such persons as soon as possible.

             At the time set for appearance the detained person shall be brought before the court, unless such appearance has been waived and the court shall advise him or her of his or her right to be represented by an attorney and of his or her right to a jury trial. If the detained person is not represented by an attorney, or is indigent or is unwilling to retain an attorney, the court shall immediately appoint an attorney to represent him or her. The court shall, if requested, appoint a reasonably available licensed physician, psychologist, or psychiatrist, designated by the detained person to examine and testify on behalf of the detained person.

             The court may, if requested, also appoint a professional person as defined in RCW 71.05.020 to seek less restrictive alternative courses of treatment and to testify on behalf of the detained person. In the case of a developmentally disabled person who has been determined to be incompetent pursuant to RCW 10.77.090(((3))) (4), then the appointed professional person under this section shall be a developmental disabilities professional.

             The court shall also set a date for a full hearing on the petition as provided in RCW 71.05.310.


             NEW SECTION. Sec. 18. A new section is added to chapter 71.05 RCW to read as follows:

             (1) If an individual is referred to a county designated mental health professional under RCW 10.77.090(1)(d)(iii)(A), the county designated mental health professional shall examine the individual within forty-eight hours. If the county designated mental health professional determines it is not appropriate to detain the individual or petition for a ninety-day less restrictive alternative under RCW 71.05.230(4), that decision shall be immediately presented to the superior court for hearing. The court shall hold a hearing to consider the decision of the county designated mental health professional not later than the next judicial day. At the hearing the superior court shall review the determination of the county designated mental health professional and determine whether an order should be entered requiring the person to be evaluated at an evaluation and treatment facility. No person referred to an evaluation and treatment facility may be held at the facility longer than seventy-two hours.

             (2) If an individual is placed in an evaluation and treatment facility under RCW 10.77.090(1)(d)(iii)(B), a professional person shall evaluate the individual for purposes of determining whether to file a ninety-day inpatient or outpatient petition under chapter 71.05 RCW. Immediately following completion of the evaluation, the professional person shall file a petition or, if the recommendation of the professional person is to release the individual, present his or her recommendation to the court. The superior court shall review the recommendation not later than the next judicial day. For an individual subject to this subsection, the professional person may directly file a petition for ninety-day inpatient or outpatient treatment and no petition for initial detention or fourteen-day detention is required before such a petition may be filed.

             (3) If a county designated mental health professional or the professional person and prosecuting attorney or attorney general, as appropriate, stipulate that the individual does not present a likelihood of serious harm or is not gravely disabled, the hearing under this section is not required and the individual, if in custody, shall be released.

             (4) The individual shall have the rights specified in RCW 71.05.250.


             NEW SECTION. Sec. 19. A new section is added to chapter 71.05 RCW to read as follows:

             Whenever a county designated mental health professional or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information and records regarding: (1) Prior recommendations for evaluation of the need for civil commitments when the recommendation is made pursuant to an evaluation conducted under chapter 10.77 RCW; (2) history of one or more violent acts; (3) prior determinations of incompetency or insanity under chapter 10.77 RCW; and (4) prior commitments under this chapter.


             Sec. 20. RCW 71.05.330 and 1997 c 112 s 27 are each amended to read as follows:

             (1) Nothing in this chapter shall prohibit the superintendent or professional person in charge of the hospital or facility in which the person is being involuntarily treated from releasing him or her prior to the expiration of the commitment period when, in the opinion of the superintendent or professional person in charge, the person being involuntarily treated no longer presents a likelihood of serious harm.

             Whenever the superintendent or professional person in charge of a hospital or facility providing involuntary treatment pursuant to this chapter releases a person prior to the expiration of the period of commitment, the superintendent or professional person in charge shall in writing notify the court which committed the person for treatment.

             (2) Before a person committed under grounds set forth in RCW 71.05.280(3) or 71.05.320(2)(c) is released under this section, the superintendent or professional person in charge shall in writing notify the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the release date. Notice shall be provided at least thirty days before the release date. Within twenty days after receiving notice, the prosecuting attorney may petition the court in the county in which the person is being involuntarily treated for a hearing to determine whether the person is to be released. The prosecuting attorney shall provide a copy of the petition to the superintendent or professional person in charge of the hospital or facility providing involuntary treatment, the attorney, if any, and the guardian or conservator of the committed person. The court shall conduct a hearing on the petition within ten days of filing the petition. The committed person shall have the same rights with respect to notice, hearing, and counsel as for an involuntary treatment proceeding, except as set forth in this subsection and except that there shall be no right to jury trial. The issue to be determined at the hearing is whether or not the person may be released without substantial danger to other persons, or substantial likelihood of committing ((felonious)) criminal acts jeopardizing public safety or security. If the court disapproves of the release, it may do so only on the basis of substantial evidence. Pursuant to the determination of the court upon the hearing, the committed person shall be released or shall be returned for involuntary treatment subject to release at the end of the period for which he or she was committed, or otherwise in accordance with the provisions of this chapter.


             Sec. 21. RCW 71.05.340 and 1997 c 112 s 28 are each amended to read as follows:

             (1)(a) When, in the opinion of the superintendent or the professional person in charge of the hospital or facility providing involuntary treatment, the committed person can be appropriately served by outpatient treatment prior to or at the expiration of the period of commitment, then such outpatient care may be required as a condition for early release for a period which, when added to the inpatient treatment period, shall not exceed the period of commitment. If the hospital or facility designated to provide outpatient treatment is other than the facility providing involuntary treatment, the outpatient facility so designated must agree in writing to assume such responsibility. A copy of the conditions for early release shall be given to the patient, the ((designated)) county designated mental health professional in the county in which the patient is to receive outpatient treatment, and to the court of original commitment.

             (b) Before a person committed under grounds set forth in RCW 71.05.280(3) or 71.05.320(2)(c) is conditionally released under (a) of this subsection, the superintendent or professional person in charge of the hospital or facility providing involuntary treatment shall in writing notify the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the decision to conditionally release the person. Notice and a copy of the conditions for early release shall be provided at least thirty days before the person is released from inpatient care. Within twenty days after receiving notice, the prosecuting attorney may petition the court in the county that issued the commitment order to hold a hearing to determine whether the person may be conditionally released and the terms of the conditional release. The prosecuting attorney shall provide a copy of the petition to the superintendent or professional person in charge of the hospital or facility providing involuntary treatment, the attorney, if any, and guardian or conservator of the committed person, and the court of original commitment. If the county in which the committed person is to receive outpatient treatment is the same county in which the criminal charges against the committed person were dismissed, then the court shall, upon the motion of the prosecuting attorney, transfer the proceeding to the court in that county. The court shall conduct a hearing on the petition within ten days of the filing of the petition. The committed person shall have the same rights with respect to notice, hearing, and counsel as for an involuntary treatment proceeding, except as set forth in this subsection and except that there shall be no right to jury trial. The issue to be determined at the hearing is whether or not the person may be conditionally released without substantial danger to other persons, or substantial likelihood of committing ((felonious)) criminal acts jeopardizing public safety or security. If the court disapproves of the conditional release, it may do so only on the basis of substantial evidence. Pursuant to the determination of the court upon the hearing, the conditional release of the person shall be approved by the court on the same or modified conditions or the person shall be returned for involuntary treatment on an inpatient basis subject to release at the end of the period for which he or she was committed, or otherwise in accordance with the provisions of this chapter.

             (2) The hospital or facility designated to provide outpatient care or the secretary may modify the conditions for continued release when such modification is in the best interest of the person. Notification of such changes shall be sent to all persons receiving a copy of the original conditions.

             (3)(a) If the hospital or facility designated to provide outpatient care, the ((designated)) county designated mental health professional, or the secretary determines that:

             (i) A conditionally released person is failing to adhere to the terms and conditions of his or her release((, that));

             (ii) Substantial deterioration in ((the)) a conditionally released person's functioning has occurred((,));

             (iii) There is evidence of substantial decompensation with a ((high)) reasonable probability that the decompensation can be reversed by further inpatient treatment((,)); or ((there is))

             (iv) The person poses a likelihood of serious harm((, then,)).

             Upon notification by the hospital or facility designated to provide outpatient care, or on his or her own motion, the ((designated)) county designated mental health professional or the secretary may order that the conditionally released person be apprehended and taken into custody and temporarily detained in an evaluation and treatment facility in or near the county in which he or she is receiving outpatient treatment.

             ((The)) (b) The hospital or facility designated to provide outpatient treatment shall notify the secretary or county designated mental health professional when a conditionally released person fails to adhere to terms and conditions of his or her release or experiences substantial deterioration in his or her condition and, as a result, presents an increased likelihood of serious harm. The county designated mental health professional or secretary shall order the person apprehended and temporarily detained in an evaluation and treatment facility in or near the county in which he or she is receiving outpatient treatment.

             (c) A person ((shall be)) detained under this subsection (3) shall be held until such time, not exceeding five days, as a hearing can be scheduled to determine whether or not the person should be returned to the hospital or facility from which he or she had been conditionally released. The ((designated)) county designated mental health professional or the secretary may modify or rescind such order at any time prior to commencement of the court hearing.

             (((b))) (d) The court that originally ordered commitment shall be notified within two judicial days of a person's detention under the provisions of this section, and the ((designated)) county designated mental health professional or the secretary shall file his or her petition and order of apprehension and detention with the court and serve them upon the person detained. His or her attorney, if any, and his or her guardian or conservator, if any, shall receive a copy of such papers as soon as possible. Such person shall have the same rights with respect to notice, hearing, and counsel as for an involuntary treatment proceeding, except as specifically set forth in this section and except that there shall be no right to jury trial. The issues to be determined shall be: (i) Whether the conditionally released person did or did not adhere to the terms and conditions of his or her release; (ii) that substantial deterioration in the person's functioning has occurred; (iii) there is evidence of substantial decompensation with a ((high)) reasonable probability that the decompensation can be reversed by further inpatient treatment; or (iv) there is a likelihood of serious harm; and, if any of the conditions listed in this subsection (3)(((b))) (d) have occurred, whether the conditions of release should be modified or the person should be returned to the facility.

             (((c))) (e) Pursuant to the determination of the court upon such hearing, the conditionally released person shall either continue to be conditionally released on the same or modified conditions or shall be returned for involuntary treatment on an inpatient basis subject to release at the end of the period for which he or she was committed for involuntary treatment, or otherwise in accordance with the provisions of this chapter. Such hearing may be waived by the person and his or her counsel and his or her guardian or conservator, if any, but shall not be waivable unless all such persons agree to waive, and upon such waiver the person may be returned for involuntary treatment or continued on conditional release on the same or modified conditions.

             (4) The proceedings set forth in subsection (3) of this section may be initiated by the ((designated)) county designated mental health professional or the secretary on the same basis set forth therein without requiring or ordering the apprehension and detention of the conditionally released person, in which case the court hearing shall take place in not less than five days from the date of service of the petition upon the conditionally released person.

             Upon expiration of the period of commitment, or when the person is released from outpatient care, notice in writing to the court which committed the person for treatment shall be provided.

             (5) The grounds and procedures for revocation of less restrictive alternative treatment shall be the same as those set forth in this section for conditional releases.

             (6) In the event of a revocation of a conditional release, the subsequent treatment period may be for no longer than the actual period authorized in the original court order.


             Sec. 22. RCW 71.05.390 and 1993 c 448 s 6 are each amended to read as follows:

             Except as provided in this section, the fact of admission and all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services at public or private agencies shall be confidential.

             Information and records may be disclosed only:

             (1) In communications between qualified professional persons to meet the requirements of this chapter, in the provision of services or appropriate referrals, or in the course of guardianship proceedings. The consent of the patient, or his or her guardian, shall be obtained before information or records may be disclosed by a professional person employed by a facility unless provided to a professional person((, not)): (a) Employed by the facility((, who does not have the)); (b) who has medical responsibility for the patient's care ((or who is not)); (c) who is a ((designated)) county designated mental health professional ((or who is not involved in)); (d) who is providing services under ((the community mental health services act,)) chapter 71.24 RCW; or (e) who is employed by a state or local correctional facility where the person is confined.

             (2) When the communications regard the special needs of a patient and the necessary circumstances giving rise to such needs and the disclosure is made by a facility providing outpatient services to the operator of a care facility in which the patient resides.

             (3) When the person receiving services, or his or her guardian, designates persons to whom information or records may be released, or if the person is a minor, when his or her parents make such designation.

             (4) To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient for aid, insurance, or medical assistance to which he or she may be entitled.

             (5) For either program evaluation or research, or both: PROVIDED, That the secretary of social and health services adopts rules for the conduct of the evaluation or research, or both. Such rules shall include, but need not be limited to, the requirement that all evaluators and researchers must sign an oath of confidentiality substantially as follows:

             "As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, . . . . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of such evaluation or research regarding persons who have received services such that the person who received such services is identifiable.

             I recognize that unauthorized release of confidential information may subject me to civil liability under the provisions of state law.

                                                                              /s/. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ."

             (6) To the courts as necessary to the administration of this chapter.

             (7) To law enforcement officers, public health officers, or personnel of the department of corrections or the indeterminate sentence review board for persons who are the subject of the records and who are committed to the custody of the department of corrections or indeterminate sentence review board which information or records are necessary to carry out the responsibilities of their office. Except for dissemination of information released pursuant to RCW 71.05.425 and 4.24.550, regarding persons committed under this chapter under RCW 71.05.280(3) and 71.05.320(2)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, the extent of information that may be released is limited as follows:

             (a) Only the fact, place, and date of involuntary admission, the fact and date of discharge, and the last known address shall be disclosed upon request; and

             (b) The law enforcement and public health officers or personnel of the department of corrections or indeterminate sentence review board shall be obligated to keep such information confidential in accordance with this chapter; and

             (c) Additional information shall be disclosed only after giving notice to said person and his or her counsel and upon a showing of clear, cogent and convincing evidence that such information is necessary and that appropriate safeguards for strict confidentiality are and will be maintained. However, in the event the said person has escaped from custody, said notice prior to disclosure is not necessary and that the facility from which the person escaped shall include an evaluation as to whether the person is of danger to persons or property and has a propensity toward violence.

             (8) To the attorney of the detained person.

             (9) To the prosecuting attorney as necessary to carry out the responsibilities of the office under RCW 71.05.330(2) and 71.05.340(1)(b) and 71.05.335. The prosecutor shall be provided access to records regarding the committed person's treatment and prognosis, medication, behavior problems, and other records relevant to the issue of whether treatment less restrictive than inpatient treatment is in the best interest of the committed person or others. Information shall be disclosed only after giving notice to the committed person and the person's counsel.

             (10) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient. The person may designate a representative to receive the disclosure. The disclosure shall be made by the professional person in charge of the public or private agency or his or her designee and shall include the dates of admission, discharge, authorized or unauthorized absence from the agency's facility, and only such other information that is pertinent to the threat or harassment. The decision to disclose or not shall not result in civil liability for the agency or its employees so long as the decision was reached in good faith and without gross negligence.

             (11) To the persons designated in RCW 71.05.425 for the purposes described in that section.

             (12) Civil liability and immunity for the release of information about a particular person who is committed to the department under RCW 71.05.280(3) and 71.05.320(2)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, is governed by RCW 4.24.550.

             (13) To a patient's next of kin, guardian, or conservator, if any, in the event of death, as provided in RCW 71.05.400.

             (14) To the department of health of the purposes of determining compliance with state or federal licensure, certification, or registration rules or laws. However, the information and records obtained under this subsection are exempt from public inspection and copying pursuant to chapter 42.17 RCW.

             The fact of admission, as well as all records, files, evidence, findings, or orders made, prepared, collected, or maintained pursuant to this chapter shall not be admissible as evidence in any legal proceeding outside this chapter without the written consent of the person who was the subject of the proceeding except in a subsequent criminal prosecution of a person committed pursuant to RCW 71.05.280(3) or 71.05.320(2)(c) on charges that were dismissed pursuant to chapter 10.77 RCW due to incompetency to stand trial or in a civil commitment proceeding pursuant to chapter 71.09 RCW. The records and files maintained in any court proceeding pursuant to this chapter shall be confidential and available subsequent to such proceedings only to the person who was the subject of the proceeding or his or her attorney. In addition, the court may order the subsequent release or use of such records or files only upon good cause shown if the court finds that appropriate safeguards for strict confidentiality are and will be maintained.


             Sec. 23. RCW 71.05.530 and 1973 1st ex.s. c 142 s 58 are each amended to read as follows:

             Evaluation and treatment facilities authorized pursuant to this chapter may be part of the comprehensive community mental health services program conducted in counties pursuant to ((the Community Mental Health Services Act,)) chapter 71.24 RCW, and may receive funding pursuant to the provisions thereof.


             Sec. 24. RCW 71.05.560 and 1973 1st ex.s. c 142 s 61 are each amended to read as follows:

             The department ((of social and health services)) shall adopt such rules ((and regulations)) as may be necessary to effectuate the intent and purposes of this chapter, which shall include but not be limited to evaluation of the quality of the program and facilities operating pursuant to this chapter, evaluation of the effectiveness and cost effectiveness of such programs and facilities, and procedures and standards for certification and other action relevant to evaluation and treatment facilities.


             NEW SECTION. Sec. 25. A new section is added to chapter 71.05 RCW to read as follows:

             In any judicial proceeding in which a professional person has made a recommendation regarding whether an individual should be committed for treatment under this chapter, and the court does not follow the recommendation, the court shall enter findings that state with particularity its reasoning, including a finding whether the state met its burden of proof in showing whether the person presents a likelihood of serious harm.


             NEW SECTION. Sec. 26. A new section is added to chapter 71.05 RCW to read as follows:

             The department shall develop state-wide protocols to be utilized by professional persons and county designated mental health professionals in administration of this chapter and chapter 10.77 RCW. The protocols shall be updated at least every three years. The protocols shall provide uniform development and application of criteria in evaluation and commitment recommendations, of persons who have, or are alleged to have, mental disorders and are subject to this chapter.

             The initial protocols shall be developed not later than September 1, 1999. The department shall develop and update the protocols in consultation with representatives of county designated mental health professionals, local government, law enforcement, county and city prosecutors, public defenders, and groups concerned with mental illness. The protocols shall be submitted to the governor and legislature upon adoption by the department.


             Sec. 27. RCW 10.77.005 and 1989 c 420 s 1 are each amended to read as follows:

             ((With respect to this act,)) The legislature finds that among those persons who endanger the safety of others by committing ((felony)) crimes are a small number of persons with developmental disabilities. While their conduct is not typical of the vast majority of persons with developmental disabilities who are responsible citizens, for their own welfare and for the safety of others the state may need to exercise control over those few dangerous individuals who are developmentally disabled, have been charged with ((felony)) crimes that involve a threat to public safety or security, and have been found either incompetent to stand trial or not guilty by reason of insanity. The legislature finds, however, that the use of civil commitment procedures under chapter 71.05 RCW to effect state control over dangerous developmentally disabled persons has resulted in their commitment to institutions for the mentally ill. The legislature finds that existing programs in mental institutions may be inappropriate for persons who are developmentally disabled because the services provided in mental institutions are oriented to persons with mental illness, a condition not necessarily associated with developmental disabilities. Therefore, the legislature believes that, where appropriate, and subject to available funds, persons with developmental disabilities who have been charged with ((felony)) crimes that involve a threat to public safety or security and have been found incompetent to stand trial or not guilty by reason of insanity should receive state services addressing their needs, that such services must be provided in conformance with an individual habilitation plan, and that their initial treatment should be separate and discrete from treatment for persons involved in any other treatment or habilitation program in a manner consistent with the needs of public safety.


             Sec. 28. RCW 10.77.010 and 1993 c 31 s 4 are each amended to read as follows:

             As used in this chapter:

             (1) A "criminally insane" person means any person who has been acquitted of a crime charged by reason of insanity, and thereupon found to be a substantial danger to other persons or to present a substantial likelihood of committing ((felonious)) criminal acts jeopardizing public safety or security unless kept under further control by the court or other persons or institutions.

             (2) "Indigent" means any person who is financially unable to obtain counsel or other necessary expert or professional services without causing substantial hardship to the person or his or her family.

             (3) "Secretary" means the secretary of the department of social and health services or his or her designee.

             (4) "Department" means the state department of social and health services.

             (5) "Treatment" means any currently standardized medical or mental health procedure including medication.

             (6) "Incompetency" means a person lacks the capacity to understand the nature of the proceedings against him or her or to assist in his or her own defense as a result of mental disease or defect.

             (7) ((No condition of mind proximately induced by the voluntary act of a person charged with a crime shall constitute "insanity".

             (8))) "Furlough" means an authorized leave of absence for a resident of a state institution operated by the department designated for the custody, care, and treatment of the criminally insane, consistent with an order of conditional release from the court under this chapter, without any requirement that the resident be accompanied by, or be in the custody of, any law enforcement or institutional staff, while on such unescorted leave.

             (((9))) (8) "Developmental disability" means the condition defined in RCW 71A.10.020(2).

             (((10))) (9) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist or psychologist, or a social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary.

             (((11))) (10) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the individual being assisted as manifested by prior charged criminal conduct.

             (((12) "Psychiatrist" means a person having a license)) (11) "Expert or professional person" means:

             (a) A psychiatrist licensed as a physician and surgeon in this state who has, in addition, completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology((.

             (13) "Psychologist" means a person who has been));

             (b) A psychologist licensed as a psychologist pursuant to chapter 18.83 RCW((.

             (14) "Social worker" means a person)); or

             (c) A social worker with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary.

             (((15))) (12) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for an individual with developmental disabilities, which shall state:

             (a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;

             (b) The conditions and strategies necessary to achieve the purposes of habilitation;

             (c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;

             (d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;

             (e) The staff responsible for carrying out the plan;

             (f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge from involuntary confinement, and a projected possible date for discharge from involuntary confinement; and

             (g) The type of residence immediately anticipated for the person and possible future types of residences.

             (13) "Violent act" means behavior that: (a)(i) Resulted in; (ii) if completed as intended would have resulted in; or (iii) was threatened to be carried out by a person who had the intent and opportunity to carry out the threat and would have resulted in, homicide, nonfatal injuries, or substantial damage to property; or (b) recklessly creates an immediate risk of serious physical injury to another person.

             (14) "County designated mental health professional" has the same meaning as provided in RCW 71.05.020.

             (15) "History of one or more violent acts" means violent acts committed during: (a) The ten-year period of time prior to the filing of criminal charges; plus (b) the amount of time equal to time spent during the ten-year period in a mental health facility or in confinement as a result of a criminal conviction.


             Sec. 29. RCW 10.77.020 and 1993 c 31 s 5 are each amended to read as follows:

             (1) At any and all stages of the proceedings pursuant to this chapter, any person subject to the provisions of this chapter shall be entitled to the assistance of counsel, and if the person is indigent the court shall appoint counsel to assist him or her. A person may waive his or her right to counsel; but such waiver shall only be effective if a court makes a specific finding that he or she is or was competent to so waive. In making such findings, the court shall be guided but not limited by the following standards: Whether the person attempting to waive the assistance of counsel, does so understanding:

             (a) The nature of the charges;

             (b) The statutory offense included within them;

             (c) The range of allowable punishments thereunder;

             (d) Possible defenses to the charges and circumstances in mitigation thereof; and

             (e) All other facts essential to a broad understanding of the whole matter.

             (2) Whenever any person is subjected to an examination pursuant to any provision of this chapter, he or she may retain an expert or professional person to perform an examination in his or her behalf. In the case of a person who is indigent, the court shall upon his or her request assist the person in obtaining an expert or professional person to perform an examination or participate in the hearing on his or her behalf. An expert or professional person obtained by an indigent person pursuant to the provisions of this chapter shall be compensated for his or her services out of funds of the department, in an amount determined by ((it)) the secretary to be fair and reasonable.

             (3) ((Whenever any person has been committed under any provision of this chapter, or ordered to undergo alternative treatment following his or her acquittal of a crime charged by reason of insanity, such commitment or treatment cannot exceed the maximum possible penal sentence for any offense charged for which the person was acquitted by reason of insanity. If at the end of that period the person has not been finally discharged and is still in need of commitment or treatment, civil commitment proceedings may be instituted, if appropriate.

             (4))) Any time the defendant is being examined by court appointed experts or professional persons pursuant to the provisions of this chapter, the defendant shall be entitled to have his or her attorney present. The defendant may refuse to answer any question if he or she believes his or her answers may tend to incriminate him or her or form links leading to evidence of an incriminating nature.


             NEW SECTION. Sec. 30. A new section is added to chapter 10.77 RCW to read as follows:

             (1) Whenever any person has been: (a) Committed to a correctional facility or inpatient treatment under any provision of this chapter; or (b) ordered to undergo alternative treatment following his or her acquittal by reason of insanity of a crime charged, such commitment or treatment cannot exceed the maximum possible penal sentence for any offense charged for which the person was committed, or was acquitted by reason of insanity.

             (2) Whenever any person committed under any provision of this chapter has not been finally discharged within seven days of the maximum possible penal sentence under subsection (1) of this section, and the professional person in charge of the facility believes it more likely than not that the person will not be finally discharged, the professional person shall, prior to the person's release from the facility, notify the appropriate county designated mental health professional of the impending release and provide a copy of all relevant information regarding the person, including the likely release date and shall indicate why final discharge was not made.

             (3) A county designated mental health professional who receives notice and records under subsection (2) of this section shall, prior to the date of probable release, determine whether to initiate proceedings under chapter 71.05 RCW.


             Sec. 31. RCW 10.77.030 and 1974 ex.s. c 198 s 3 are each amended to read as follows:

             (1) Evidence of insanity is not admissible unless the defendant, at the time of arraignment or within ten days thereafter or at such later time as the court may for good cause permit, files a written notice of his or her intent to rely on such a defense.

             (2) Insanity is a defense which the defendant must establish by a preponderance of the evidence.

             (3) No condition of mind proximately induced by the voluntary act of a person charged with a crime shall constitute insanity.


             Sec. 32. RCW 10.77.040 and 1974 ex.s. c 198 s 4 are each amended to read as follows:

             Whenever the issue of insanity is submitted to the jury, the court shall instruct the jury to return a special verdict in substantially the following form:

answer

yes or no

                      1. Did the defendant commit the act charged?                                                                                . . . . .

                      2. If your answer to number 1 is yes, do you acquit him or her because of insanity existing at the time of the act charged?                                                                                       . . . . .

                      3. If your answer to number 2 is yes, is the defendant a substantial danger to other persons unless kept under further control by the court or other persons or institutions?                                                                                                                                 . . . . .

                      4. If your answer to number 2 is yes, does the defendant present a substantial likelihood of committing ((felonious)) criminal acts jeopardizing public safety or security unless kept under further control by the court or other persons or institutions?                                                                                                                                 . . . . .

                      5. If your answers to either number 3 or number 4 is yes, is it in the best interests of the defendant and others that the defendant be placed in treatment that is less restrictive than detention in a state mental hospital?                                                                  . . . . .


             Sec. 33. RCW 10.77.060 and 1989 c 420 s 4 are each amended to read as follows:

             (1)(a) Whenever a defendant has pleaded not guilty by reason of insanity, or there is reason to doubt his or her competency, the court on its own motion or on the motion of any party shall either appoint or request the secretary to designate at least two qualified experts or professional persons, one of whom shall be approved by the prosecuting attorney, to examine and report upon the mental condition of the defendant. At least one of the experts or professional persons appointed shall be a developmental disabilities professional if the court is advised by any party that the defendant may be developmentally disabled. For purposes of the examination, the court may order the defendant committed to a hospital or other ((suitable)) suitably secure public or private mental health facility for a period of time necessary to complete the examination, but not to exceed fifteen days from the time of admission to the facility.

             (b) When a defendant is ordered to be committed for inpatient examination under this subsection (1), the court may delay granting bail until the defendant has been evaluated for competency or sanity and appears before the court. Following the evaluation, in determining bail the court shall consider: (i) Recommendations of the expert or professional persons regarding the defendant's competency, sanity, or diminished capacity; (ii) whether the defendant has a recent history of one or more violent acts; (iii) whether the defendant has previously been acquitted by reason of insanity or found incompetent; (iv) whether it is reasonably likely the defendant will fail to appear for a future court hearing; and (v) whether the defendant is a threat to public safety.

             (2) The court may direct that a qualified expert or professional person retained by or appointed for the defendant be permitted to witness the examination authorized by subsection (1) of this section, and that the defendant shall have access to all information obtained by the court appointed experts or professional persons. The defendant's expert or professional person shall have the right to file his or her own report following the guidelines of subsection (3) of this section. If the defendant is indigent, the court shall upon the request of the defendant assist him or her in obtaining an expert or professional person.

             (3) The report of the examination shall include the following:

             (a) A description of the nature of the examination;

             (b) A diagnosis of the mental condition of the defendant;

             (c) If the defendant suffers from a mental disease or defect, or is developmentally disabled, an opinion as to competency;

             (d) If the defendant has indicated his or her intention to rely on the defense of insanity pursuant to RCW 10.77.030, an opinion as to the defendant's sanity at the time of the act;

             (e) When directed by the court, an opinion as to the capacity of the defendant to have a particular state of mind which is an element of the offense charged;

             (f) An opinion as to whether the defendant is a substantial danger to other persons, or presents a substantial likelihood of committing ((felonious)) criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.

             (4) The secretary may execute such agreements as appropriate and necessary to implement this section.


             NEW SECTION. Sec. 34. A new section is added to chapter 10.77 RCW to read as follows:

             (1) Whenever a defendant is evaluated under this chapter, a copy of the order requiring the evaluation shall be transmitted to the county designated mental health professional of the county in which the defendant was charged.

             (2)(a) When a defendant is evaluated under RCW 10.77.060, the professional person shall make a recommendation to the court whether the defendant should be examined by a county designated mental health professional for purposes of filing a petition under chapter 71.05 RCW whenever the court determines, and enters a finding that, the defendant is charged with: (i) A felony; or (ii) a nonfelony crime and: (A) Is charged with, or has a history of, one or more violent acts; (B) is a threat to public safety; (C) has previously been acquitted by reason of insanity; or (D) has previously been found incompetent pursuant to this chapter.

             (b) The facility conducting the evaluation shall provide its report and recommendation to the court in which the criminal proceeding is pending. A copy of the report and recommendation shall be provided to the county designated mental health professional, the prosecuting attorney, the defense attorney, and the professional person at the local correctional facility where the defendant is being held. Upon request, the facility shall also provide copies of any source documents relevant to the evaluation to the county designated mental health professional. The report and recommendation shall be provided not less than twenty-four hours preceding the transfer of the defendant to the correctional facility in the county in which the criminal proceeding is pending.

             (c) If the facility concludes, under RCW 10.77.060(3)(f), the person should be kept under further control, an evaluation shall be conducted of such person under chapter 71.05 RCW. The court shall order an evaluation be conducted by the appropriate county designated mental health professional: (i) Prior to release from confinement for such person who is convicted, if sentenced to confinement for twenty-four months or less; (ii) for any person who is acquitted; or (iii) for any person whose charges are dismissed pursuant to RCW 10.77.090(4).

             (3) The county designated mental health professional shall provide written notification within twenty-four hours of the results of the determination whether to commence proceedings under chapter 71.05 RCW. The notification shall be provided to the persons identified in subsection (2)(b) of this section.

             (4) The prosecuting attorney shall provide a copy of the results of any proceedings commenced by the county designated mental health professional under subsection (3) of this section to the facility conducting the evaluation under this chapter.


             Sec. 35. RCW 10.77.070 and 1973 1st ex.s. c 117 s 7 are each amended to read as follows:

             When the defendant wishes to be examined by a qualified expert or professional person of his or her own choice such examiner shall be permitted to have reasonable access to the defendant for the purpose of such examination, as well as to all relevant medical and psychological records and reports.


             Sec. 36. RCW 10.77.080 and 1974 ex.s. c 198 s 7 are each amended to read as follows:

             The defendant may move the court for a judgment of acquittal on the grounds of insanity: PROVIDED, That a defendant so acquitted may not later contest the validity of his or her detention on the grounds that he or she did not commit the acts charged. At the hearing upon ((said)) the motion the defendant shall have the burden of proving by a preponderance of the evidence that he or she was insane at the time of the offense or offenses with which he or she is charged. If the court finds that the defendant should be acquitted by reason of insanity, it shall enter specific findings in substantially the same form as set forth in RCW 10.77.040 ((as now or hereafter amended)). If the motion is denied, the question may be submitted to the trier of fact in the same manner as other issues of fact.


             Sec. 37. RCW 10.77.090 and 1989 c 420 s 5 are each amended to read as follows:

             (1)(a) If at any time during the pendency of an action and prior to judgment((,)) the court finds, following a report as provided in RCW 10.77.060, ((as now or hereafter amended, that the)) a defendant is incompetent((,)) the court shall order the proceedings against the defendant be stayed((,)) except as provided in subsection (((5))) (7) of this section((, and,)).

             (b) If the defendant is charged with a felony and determined to be incompetent, ((may)) the court shall commit the defendant to the custody of the secretary, who shall place such defendant in an appropriate facility of the department for evaluation and treatment, or the court may alternatively order the defendant to undergo evaluation and treatment at some other facility as determined by the department, or under the guidance and control of ((some other)) a professional person, until he or she has regained the competency necessary to understand the proceedings against him or her and assist in his or her own defense, but in any event, for no longer than a period of ninety days.

             (c) A defendant found incompetent shall be evaluated at the direction of the secretary and a determination made whether the defendant is developmentally disabled. Such evaluation and determination shall be accomplished as soon as possible following the court's placement of the defendant in the custody of the secretary. When appropriate, and subject to available funds, if the defendant is determined to be developmentally disabled, he or she may be placed in a program specifically reserved for the treatment and training of persons with developmental disabilities where the defendant shall have the right to habilitation according to an individualized service plan specifically developed for the particular needs of the defendant. The program shall be separate from programs serving persons involved in any other treatment or habilitation program. The program shall be appropriately secure under the circumstances and shall be administered by developmental disabilities professionals who shall direct the habilitation efforts. The program shall provide an environment affording security appropriate with the charged criminal behavior and necessary to protect the public safety. The department may limit admissions of such persons to this specialized program in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department for such services. The department may establish admission priorities in the event that the number of eligible persons exceeds the limits set by the department. A copy of the report shall be sent to the facility.

             (d)(i) If the defendant is:

             (A) Charged with a nonfelony crime and has: (I) A history of one or more violent acts, or a pending charge of one or more violent acts; or (II) been previously acquitted by reason of insanity or been previously found incompetent under this chapter with regard to an alleged offense involving actual, threatened, or attempted physical harm to a person; and

             (B) Found by the court to be not competent; then

             (C) The court shall order the secretary to place the defendant: (I) At a secure mental health facility in the custody of the department or an agency designated by the department for mental health treatment and restoration of competency. The placement shall not exceed fourteen days in addition to any unused time of the evaluation under RCW 10.77.060. The fourteen-day period shall be considered to include only the time the defendant is actually at the facility and shall be in addition to reasonable time for transport to or from the facility; (II) on conditional release for up to ninety days for mental health treatment and restoration of competency; or (III) any combination of (d)(i)(C)(I) and (II) of this subsection.

             (ii) At the end of the mental health treatment and restoration period in (d)(i) of this subsection, or at any time a professional person determines competency has been, or is unlikely to be, restored the defendant shall be returned to court for a hearing. If, after notice and hearing, competency has been restored, the stay entered under (a) of this subsection shall be lifted. If competency has not been restored, the proceedings shall be dismissed. If the court concludes that competency has not been restored, but that further treatment within the time limits established by (d)(i) of this subsection is likely to restore competency, the court may order that treatment for purposes of competency restoration be continued. Such treatment may not extend beyond the combination of time provided for in (d)(i)(C)(I) and (II) of this subsection.

             (iii)(A) If the proceedings are dismissed under (d)(ii) of this subsection and the defendant was on conditional release at the time of dismissal, the court shall order the county designated mental health professional within that county to evaluate the defendant pursuant to chapter 71.05 RCW. The evaluation may be conducted in any location chosen by the professional.

             (B) If the defendant was in custody and not on conditional release at the time of dismissal, the defendant shall be detained and sent to an evaluation and treatment facility for up to seventy-two hours for evaluation for purposes of filing a petition under chapter 71.05 RCW.

             (iv) If at any time during the proceeding the court finds, following notice and hearing, a defendant is not likely to regain competency, the proceedings shall be dismissed and the defendant shall be evaluated as provided in (d)(iii) of this subsection.

             (e) If the defendant is charged with a crime that is not a felony and the defendant does not meet the criteria under (d) of this subsection, the court may stay or dismiss proceedings and detain the defendant for sufficient time to allow the county designated mental health professional to evaluate the defendant and consider initial detention proceedings under chapter 71.05 RCW. The court must give notice to all parties at least twenty-four hours before the dismissal of any proceeding under this subsection (1)(e), and provide an opportunity for a hearing on whether to dismiss the proceedings.

             (2) On or before expiration of the initial ninety-day period of commitment under subsection (1)(b) of this section the court shall conduct a hearing, at which it shall determine whether or not the defendant is incompetent. ((If the defendant is charged with a crime which is not a felony, the court may stay or dismiss proceedings and detain the defendant for sufficient time to allow the county mental health professional to evaluate the defendant and commence proceedings under chapter 71.05 RCW if appropriate; and subsections (2) and (3) of this section shall not be applicable: PROVIDED, That, upon order of the court, the prosecutor may directly petition for fourteen days of involuntary treatment under chapter 71.05 RCW.

             (2))) (3) If the court finds by a preponderance of the evidence that ((the)) a defendant charged with a felony is incompetent, the court shall have the option of extending the order of commitment or alternative treatment for an additional ninety-day period, but it must at the time of extension set a date for a prompt hearing to determine the defendant's competency before the expiration of the second ninety-day period. The defendant, the defendant's attorney, or the prosecutor((, or the judge)) shall have the right to demand that the hearing ((on or before the expiration of the second ninety day period)) be before a jury. No extension shall be ordered for a second ninety-day period, nor for any subsequent period as provided in subsection (((3))) (4) of this section if the defendant's incompetence has been determined by the secretary to be solely the result of a developmental disability which is such that competence is not reasonably likely to be regained during an extension. ((If no demand is made, the hearing shall be before the court. The court or jury shall determine whether or not the defendant has become competent.

             (3))) (4) For persons charged with a felony, at the hearing upon the expiration of the second ninety-day period or at the end of the first ninety-day period, in the case of a developmentally disabled defendant, if the jury or court((, as the case may be,)) finds that the defendant is incompetent, the charges shall be dismissed without prejudice, and either civil commitment proceedings shall be instituted((, if appropriate,)) or the court shall order the release of the defendant: PROVIDED, That the criminal charges shall not be dismissed if ((at the end of the second ninety-day period, or at the end of the first ninety-day period, in the case of a developmentally disabled defendant,)) the court or jury finds that: (a) The defendant (i) is a substantial danger to other persons((,)); or (ii) presents a substantial likelihood of committing ((felonious)) criminal acts jeopardizing public safety or security((,)); and ((that)) (b) there is a substantial probability that the defendant will regain competency within a reasonable period of time. In the event that the court or jury makes such a finding, the court may extend the period of commitment for an additional six months. At the end of ((said)) the six-month period, if the defendant remains incompetent, the charges shall be dismissed without prejudice and either civil commitment proceedings shall be instituted((, if appropriate,)) or the court shall order release of the defendant.

             (((4))) (5) If the defendant is referred to the county designated mental health professional for consideration of initial detention proceedings under chapter 71.05 RCW pursuant to this chapter, the county designated mental health professional shall provide prompt written notification of the results of the determination whether to commence initial detention proceedings under chapter 71.05 RCW, and whether the person was detained. The notification shall be provided to the court in which the criminal action was pending, the prosecutor, the defense attorney in the criminal action, and the facility that evaluated the defendant for competency.

             (6) The fact that the defendant is unfit to proceed does not preclude any pretrial proceedings which do not require the personal participation of the defendant.

             (((5))) (7) A defendant receiving medication for either physical or mental problems shall not be prohibited from standing trial, if the medication either enables the defendant to understand the proceedings against him or her and to assist in his or her own defense, or does not disable him or her from so understanding and assisting in his or her own defense.

             (((6))) (8) At or before the conclusion of any commitment period provided for by this section, the facility providing evaluation and treatment shall provide to the court a written report of examination which meets the requirements of RCW 10.77.060(3).


             Sec. 38. RCW 10.77.110 and 1989 c 420 s 6 are each amended to read as follows:

             (1) If a defendant is acquitted of a ((felony)) crime by reason of insanity, and it is found that he or she is not a substantial danger to other persons, and does not present a substantial likelihood of committing ((felonious)) criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions, the court shall direct the defendant's final discharge. If it is found that such defendant is a substantial danger to other persons, or presents a substantial likelihood of committing ((felonious)) criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions, the court shall order his or her hospitalization, or any appropriate alternative treatment less restrictive than detention in a state mental hospital, pursuant to the terms of this chapter.

             (2) If the defendant has been found not guilty by reason of insanity and a substantial danger, or presents a substantial likelihood of committing ((felonious)) criminal acts jeopardizing public safety or security, so as to require treatment then the secretary shall immediately cause the defendant to be evaluated to ascertain if the defendant is developmentally disabled. When appropriate, and subject to available funds, the defendant may be committed to a program specifically reserved for the treatment and training of developmentally disabled persons. A person so committed shall receive habilitation services according to an individualized service plan specifically developed to treat the behavior which was the subject of the criminal proceedings. The treatment program shall be administered by developmental disabilities professionals and others trained specifically in the needs of developmentally disabled persons. The treatment program shall provide physical security to a degree consistent with the finding that the defendant is dangerous and may incorporate varying conditions of security and alternative sites when the dangerousness of any particular defendant makes this necessary. The department may limit admissions to this specialized program in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department for such services. The department may establish admission priorities in the event that the number of eligible persons exceeds the limits set by the department.

             (3) If it is found that such defendant is not a substantial danger to other persons, and does not present a substantial likelihood of committing ((felonious)) criminal acts jeopardizing public safety or security, but that he or she is in need of control by the court or other persons or institutions, the court shall direct the defendant's conditional release. ((If the defendant is acquitted by reason of insanity of a crime which is not a felony, the court shall order the defendant's release or order the defendant's continued custody only for a reasonable time to allow the county-designated mental-health professional to evaluate the individual and to proceed with civil commitment pursuant to chapter 71.05 RCW, if considered appropriate.))


             Sec. 39. RCW 10.77.140 and 1989 c 420 s 8 are each amended to read as follows:

             Each person committed to a hospital or other facility or conditionally released pursuant to this chapter shall have a current examination of his or her mental condition made by one or more experts or professional persons at least once every six months. ((Said)) The person may retain, or if the person is indigent and so requests, the court may appoint a qualified expert or professional person to examine him or her, and such expert or professional person shall have access to all hospital records concerning the person. In the case of a committed or conditionally released person who is developmentally disabled, the expert shall be a developmental disabilities professional. The secretary, upon receipt of the periodic report, shall provide written notice to the court of commitment of compliance with the requirements of this section.


             Sec. 40. RCW 10.77.150 and 1993 c 31 s 6 are each amended to read as follows:

             (1) Persons examined pursuant to RCW 10.77.140((, as now or hereafter amended,)) may make application to the secretary for conditional release. The secretary shall, after considering the reports of experts or professional persons conducting the examination pursuant to RCW 10.77.140, forward to the court of the county which ordered the person's commitment the person's application for conditional release as well as the secretary's recommendations concerning the application and any proposed terms and conditions upon which the secretary reasonably believes the person can be conditionally released. Conditional release may also contemplate partial release for work, training, or educational purposes.

             (2) The court of the county which ordered the person's commitment, upon receipt of an application for conditional release with the secretary's recommendation for conditional release, shall within thirty days schedule a hearing. The court may schedule a hearing on applications recommended for disapproval by the secretary. The prosecuting attorney shall represent the state at such hearings and shall have the right to have the patient examined by an expert or professional person of the prosecuting attorney's choice. If the committed person is indigent, and he or she so requests, the court shall appoint a qualified expert or professional person to examine the person on his or her behalf. The issue to be determined at such a hearing is whether or not the person may be released conditionally without substantial danger to other persons, or substantial likelihood of committing ((felonious)) criminal acts jeopardizing public safety or security. The court, after the hearing, shall rule on the secretary's recommendations, and if it disapproves of conditional release, may do so only on the basis of substantial evidence. The court may modify the suggested terms and conditions on which the person is to be conditionally released. Pursuant to the determination of the court after hearing, the committed person shall thereupon be released on such conditions as the court determines to be necessary, or shall be remitted to the custody of the secretary. If the order of conditional release includes a requirement for the committed person to report to a community corrections officer, the order shall also specify that the conditionally released person shall be under the supervision of the secretary of corrections or such person as the secretary of corrections may designate and shall follow explicitly the instructions of the secretary of corrections including reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, and notifying the community corrections officer prior to making any change in the offender's address or employment.

             (3) If the court determines that receiving regular or periodic medication or other medical treatment shall be a condition of the committed person's release, then the court shall require him or her to report to a physician or other medical or mental health practitioner for the medication or treatment. In addition to submitting any report required by RCW 10.77.160, the physician or other medical or mental health practitioner shall immediately upon the released person's failure to appear for the medication or treatment report the failure to the court, to the prosecuting attorney of the county in which the released person was committed, and to the supervising community corrections officer.

             (4) Any person, whose application for conditional release has been denied, may reapply after a period of six months from the date of denial.


             Sec. 41. RCW 10.77.180 and 1993 c 31 s 9 are each amended to read as follows:

             Each person conditionally released pursuant to RCW 10.77.150((, as now or hereafter amended,)) shall have his or her case reviewed by the court which conditionally released him or her no later than one year after such release and no later than every two years thereafter, such time to be scheduled by the court. 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 of social and health services, the secretary of corrections, medical or mental health practitioner, 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. The court in making its determination shall be aided by the periodic reports filed pursuant to RCW 10.77.140((, as now or hereafter amended,)) and ((RCW)) 10.77.160, and the opinions of the secretary ((of social and health services)) and other experts or professional persons.


             Sec. 42. RCW 10.77.190 and 1993 c 31 s 10 are each amended to read as follows:

             (1) Any person submitting reports pursuant to RCW 10.77.160, the secretary, or the prosecuting attorney may petition the court to, or the court on its own motion may schedule an immediate hearing for the purpose of modifying the terms of conditional release if the petitioner or the court believes the released person is failing to adhere to the terms and conditions of his or her conditional release or is in need of additional care and treatment.

             (2) If the prosecuting attorney, the secretary of social and health services, the secretary of corrections, or the court, after examining the report filed with them pursuant to RCW 10.77.160, or based on other information received by them, reasonably believes that a conditionally released person is failing to adhere to the terms and conditions of his or her conditional release the court or secretary of social and health services or the secretary of corrections may order that the conditionally released person be apprehended and taken into custody until such time as a hearing can be scheduled to determine the facts and whether or not the person's conditional release should be revoked or modified. The court shall be notified before the close of the next judicial day of the apprehension. Both the prosecuting attorney and the conditionally released person shall have the right to request an immediate mental examination of the conditionally released person. If the conditionally released person is indigent, the court or secretary of social and health services or the secretary of corrections or their designees shall, upon request, assist him or her in obtaining a qualified expert or professional person to conduct the examination.

             (3) If the hospital or facility designated to provide outpatient care determines that a conditionally released person presents a threat to public safety, the hospital or facility shall immediately notify the secretary of social and health services or the secretary of corrections or their designees. The secretary shall order that the conditionally released person be apprehended and taken into custody.

             (4) The court, upon receiving notification of the apprehension, shall promptly schedule a hearing. The issue to be determined is whether the conditionally released person did or did not adhere to the terms and conditions of his or her release, or whether the person presents a threat to public safety. Pursuant to the determination of the court upon such hearing, the conditionally released person shall either continue to be conditionally released on the same or modified conditions or his or her conditional release shall be revoked and he or she shall be committed subject to release only in accordance with provisions of this chapter.


             Sec. 43. RCW 10.77.200 and 1993 c 31 s 11 are each amended to read as follows:

             (1) Upon application by the committed or conditionally released person, the secretary shall determine whether or not reasonable grounds exist for final discharge. In making this determination, the secretary may consider the reports filed under RCW 10.77.060, 10.77.110, 10.77.140, and 10.77.160, and other reports and evaluations provided by professionals familiar with the case. If the secretary approves the final discharge he or she then shall authorize ((said)) the person to petition the court.

             (2) The petition shall be served upon the court and the prosecuting attorney. The court, upon receipt of the petition for final discharge, shall within forty-five days order a hearing. Continuance of the hearing date shall only be allowed for good cause shown. The prosecuting attorney shall represent the state, and shall have the right to have the petitioner examined by an expert or professional person of the prosecuting attorney's choice. If the petitioner is indigent, and the person so requests, the court shall appoint a qualified expert or professional person to examine him or her. If the petitioner is developmentally disabled, the examination shall be performed by a developmental disabilities professional. The hearing shall be before a jury if demanded by either the petitioner or the prosecuting attorney. The burden of proof shall be upon the petitioner to show by a preponderance of the evidence that the petitioner no longer presents, as a result of a mental disease or defect, a substantial danger to other persons, or a substantial likelihood of committing ((felonious)) criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.

             (3) Nothing contained in this chapter shall prohibit the patient from petitioning the court for final discharge or conditional release from the institution in which he or she is committed. The issue to be determined on such proceeding is whether the petitioner, as a result of a mental disease or defect, is a substantial danger to other persons, or presents a substantial likelihood of committing ((felonious)) criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.

             Nothing contained in this chapter shall prohibit the committed person from petitioning for release by writ of habeas corpus.


             Sec. 44. RCW 10.77.210 and 1993 c 31 s 12 are each amended to read as follows:

             (1) Any person involuntarily detained, hospitalized, or committed pursuant to the provisions of this chapter shall have the right to adequate care and individualized treatment. The person who has custody of the patient or is in charge of treatment shall keep records detailing all medical, expert, and professional care and treatment received by a committed person, and shall keep copies of all reports of periodic examinations of the patient that have been filed with the secretary pursuant to this chapter. Except as provided in RCW 10.77.205 and 4.24.550 regarding the release of information concerning insane offenders who are acquitted of sex offenses and subsequently committed pursuant to this chapter, all records and reports made pursuant to this chapter, shall be made available only upon request, to the committed person, to his or her attorney, to his or her personal physician, to the supervising community corrections officer, to the prosecuting attorney, to the court, to the protection and advocacy agency, or other expert or professional persons who, upon proper showing, demonstrates a need for access to such records. All records and reports made pursuant to this chapter shall also be made available, upon request, to the department of corrections or the indeterminate sentence review board if the person was on parole, probation, or community supervision at the time of detention, hospitalization, or commitment or the person is subsequently convicted for the crime for which he or she was detained, hospitalized, or committed pursuant to this chapter.

             (2) All relevant records and reports as defined by the department in rule shall be made available, upon request, to criminal justice agencies as defined in RCW 10.97.030.


             NEW SECTION. Sec. 45. In developing rules under RCW 10.77.210(2), the department shall implement the following legislative intent: Increasing public safety; and making decisions based on a person's current conduct and mental condition rather than the classification of the charges.


             NEW SECTION. Sec. 46. A new section is added to chapter 10.77 RCW to read as follows:

             A copy of relevant records and reports as defined by the department, in consultation with the department of corrections, made pursuant to this chapter, and including relevant information necessary to meet the requirements of section 34(2) of this act and RCW 10.77.090, shall accompany the defendant upon transfer to a mental health facility or a correctional institution or facility.


             NEW SECTION. Sec. 47. A new section is added to chapter 72.10 RCW to read as follows:

             The secretary shall, for any person committed to a state correctional facility after the effective date of this section, inquire at the time of commitment whether the person had received outpatient mental health treatment within the two years preceding confinement and the name of the person providing the treatment.

             The secretary shall inquire of the treatment provider if he or she wishes to be notified of the release of the person from confinement, for purposes of offering treatment upon the inmate's release. If the treatment provider wishes to be notified of the inmate's release, the secretary shall attempt to provide such notice at least seven days prior to release.

             At the time of an inmate's release if the secretary is unable to locate the treatment provider, the secretary shall notify the regional support network in the county the inmate will most likely reside following release.

             If the secretary has, prior to the release from the facility, evaluated the inmate and determined he or she requires postrelease mental health treatment, a copy of relevant records and reports relating to the inmate's mental health treatment or status shall be promptly made available to the offender's present or future treatment provider. The secretary shall determine which records and reports are relevant and may provide a summary in lieu of copies of the records.


             Sec. 48. RCW 10.97.030 and 1990 c 3 s 128 are each amended to read as follows:

             For purposes of this chapter, the definitions of terms in this section shall apply.

             (1) "Criminal history record information" means information contained in records collected by criminal justice agencies, other than courts, on individuals, consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, including acquittals by reason of insanity, dismissals based on lack of competency, sentences, correctional supervision, and release.

             The term includes information contained in records maintained by or obtained from criminal justice agencies, other than courts, which records provide individual identification of a person together with any portion of the individual's record of involvement in the criminal justice system as an alleged or convicted offender, except:

             (a) Posters, announcements, or lists for identifying or apprehending fugitives or wanted persons;

             (b) Original records of entry maintained by criminal justice agencies to the extent that such records are compiled and maintained chronologically and are accessible only on a chronological basis;

             (c) Court indices and records of public judicial proceedings, court decisions, and opinions, and information disclosed during public judicial proceedings;

             (d) Records of traffic violations which are not punishable by a maximum term of imprisonment of more than ninety days;

             (e) Records of any traffic offenses as maintained by the department of licensing for the purpose of regulating the issuance, suspension, revocation, or renewal of drivers' or other operators' licenses and pursuant to RCW 46.52.130 ((as now existing or hereafter amended));

             (f) Records of any aviation violations or offenses as maintained by the department of transportation for the purpose of regulating pilots or other aviation operators, and pursuant to RCW 47.68.330 ((as now existing or hereafter amended));

             (g) Announcements of executive clemency.

             (2) "Nonconviction data" consists of all criminal history record information relating to an incident which has not led to a conviction or other disposition adverse to the subject, and for which proceedings are no longer actively pending. There shall be a rebuttable presumption that proceedings are no longer actively pending if more than one year has elapsed since arrest, citation, or service of warrant and no disposition has been entered.

             (3) "Conviction record" means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the subject.

             (4) "Conviction or other disposition adverse to the subject" means any disposition of charges ((, except)) other than: (a) A decision not to prosecute((,)); (b) a dismissal((,)); or (c) acquittal ((except when the)); with the following exceptions, which shall be considered dispositions adverse to the subject: An acquittal ((is)) due to a finding of not guilty by reason of insanity and a dismissal by reason of incompetency, pursuant to chapter 10.77 RCW((and the person was committed pursuant to chapter 10.77 RCW: PROVIDED, HOWEVER, That)); and a dismissal entered after a period of probation, suspension, or deferral of sentence ((shall be considered a disposition adverse to the subject)).

             (5) "Criminal justice agency" means: (a) A court; or (b) a government agency which performs the administration of criminal justice pursuant to a statute or executive order and which allocates a substantial part of its annual budget to the administration of criminal justice.

             (6) "The administration of criminal justice" means performance of any of the following activities: Detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The term also includes criminal identification activities and the collection, storage, dissemination of criminal history record information, and the compensation of victims of crime.

             (7) "Disposition" means the formal conclusion of a criminal proceeding at whatever stage it occurs in the criminal justice system.

             (8) "Dissemination" means disclosing criminal history record information or disclosing the absence of criminal history record information to any person or agency outside the agency possessing the information, subject to the following exceptions:

             (a) When criminal justice agencies jointly participate in the maintenance of a single record keeping department as an alternative to maintaining separate records, the furnishing of information by that department to personnel of any participating agency is not a dissemination;

             (b) The furnishing of information by any criminal justice agency to another for the purpose of processing a matter through the criminal justice system, such as a police department providing information to a prosecutor for use in preparing a charge, is not a dissemination;

             (c) The reporting of an event to a record keeping agency for the purpose of maintaining the record is not a dissemination.


             NEW SECTION. Sec. 49. The code reviser shall alphabetize the definitions in RCW 10.77.010 and correct any references.


             NEW SECTION. Sec. 50. The following acts or parts of acts are each repealed:

                                       (1)        RCW 71.05.015 and 1979 ex.s. c 215 s 1; and

                                       (2)        RCW 71.05.080 and 1973 1st ex.s. c 142 s 13.


             NEW SECTION. Sec. 51. This act takes effect July 1, 1998, except for sections 18, 34, 37, and 38 of this act, which take effect March 1, 1999.


             NEW SECTION. Sec. 52. (1) The Washington state institute for public policy shall conduct an evaluation of this act to determine:

             (a) Whether there has been a reduction in recidivism for mentally ill offenders who are felons or who meet the criteria specified in RCW 10.77.090(1)(d) and received mental health services as a result of the provisions of chapters 10.77 and 71.05 RCW.

             (b) The number of nonfelony offenders who have been referred to competency restoration under RCW 10.77.090(1)(d)(i)(C) and the percentage of such offenders who have been restored to competency within the allotted time for felons, nonfelony offenders meeting the criteria under RCW 10.77.090(1)(d), and the nonfelony offenders who do not meet this criteria.

             (c) Whether the information-sharing provisions of this act are adequate to provide necessary information to the affected parties. The analysis shall include findings as to whether the flow of information is resulting in the efficient usage of the information and whether there are revisions in the flow which would better allow the courts, professional persons, and parties to proceedings to make better use of the information.

             (2) The evaluation shall be presented to the legislature on or before November 15, 2003.


             NEW SECTION. Sec. 53. RCW 10.77.005 is recodified within chapter 10.77 RCW after RCW 10.77.090.


             NEW SECTION. Sec. 54. 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."


             Correct the title.

 

Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.


             Referred to Committee on Appropriations.


February 27, 1998

SSB 6217          Prime Sponsor, Senate Committee on Human Services & Corrections: Changing provisions relating to guardians ad litem. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 2.56.030 and 1997 c 41 s 2 are each amended to read as follows:

             The administrator for the courts shall, under the supervision and direction of the chief justice:

             (1) Examine the administrative methods and systems employed in the offices of the judges, clerks, stenographers, and employees of the courts and make recommendations, through the chief justice, for the improvement of the same;

             (2) Examine the state of the dockets of the courts and determine the need for assistance by any court;

             (3) Make recommendations to the chief justice relating to the assignment of judges where courts are in need of assistance and carry out the direction of the chief justice as to the assignments of judges to counties and districts where the courts are in need of assistance;

             (4) Collect and compile statistical and other data and make reports of the business transacted by the courts and transmit the same to the chief justice to the end that proper action may be taken in respect thereto;

             (5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto;

             (6) Collect statistical and other data and make reports relating to the expenditure of public moneys, state and local, for the maintenance and operation of the judicial system and the offices connected therewith;

             (7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court of this state on cases and other judicial business in which action has been delayed beyond periods of time specified by law or rules of court and make report thereof to supreme court of this state;

             (8) Act as secretary of the judicial conference referred to in RCW 2.56.060;

             (9) Submit annually, as of February 1st, to the chief justice, a report of the activities of the administrator's office for the preceding calendar year including activities related to courthouse security;

             (10) Administer programs and standards for the training and education of judicial personnel;

             (11) Examine the need for new superior court and district judge positions under a weighted caseload analysis that takes into account the time required to hear all the cases in a particular court and the amount of time existing judges have available to hear cases in that court. The results of the weighted caseload analysis shall be reviewed by the board for judicial administration which shall make recommendations to the legislature. It is the intent of the legislature that weighted caseload analysis become the basis for creating additional district court positions, and recommendations should address that objective;

             (12) Provide staff to the judicial retirement account plan under chapter 2.14 RCW;

             (13) Attend to such other matters as may be assigned by the supreme court of this state;

             (14) Within available funds, develop a curriculum for a general understanding of child development, placement, and treatment resources, as well as specific legal skills and knowledge of relevant statutes including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules, interviewing skills, and special needs of the abused or neglected child. This curriculum shall be completed and made available to all juvenile court judges, court personnel, and service providers and be updated yearly to reflect changes in statutes, court rules, or case law;

             (15) Develop, in consultation with the entities set forth in RCW 2.56.150(3), a comprehensive state-wide curriculum, training requirements, and continuing education requirements for persons who act as guardians ad litem under Title 13 or 26 RCW except these requirements do not apply to the attorney general or any prosecuting attorney functioning as the guardian ad litem pursuant to RCW 74.20.310. The curriculum, training requirements, and continuing education requirements shall ((be made available July 1, 1997, and)) include specialty sections on child development, child sexual abuse, child physical abuse, child neglect, clinical and forensic investigative and interviewing techniques, family reconciliation and mediation services, and relevant statutory and legal requirements. The curriculum, training requirements, and continuing education requirements shall be made available to all superior court judges, court personnel, and all persons who act as guardians ad litem and be updated yearly to reflect changes in statutes, court rules, or case law;

             (16) Develop a curriculum for a general understanding of crimes of malicious harassment, as well as specific legal skills and knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs of malicious harassment victims. This curriculum shall be made available to all superior court and court of appeals judges and to all justices of the supreme court;

             (17) Develop, in consultation with the criminal justice training commission and the commissions established under chapters 43.113, 43.115, and 43.117 RCW, a curriculum for a general understanding of ethnic and cultural diversity and its implications for working with youth of color and their families. The curriculum shall be available to all superior court judges and court commissioners assigned to juvenile court, and other court personnel. Ethnic and cultural diversity training shall be provided annually so as to incorporate cultural sensitivity and awareness into the daily operation of juvenile courts state-wide;

             (18) Authorize the use of closed circuit television and other electronic equipment in judicial proceedings. The administrator shall promulgate necessary standards and procedures and shall provide technical assistance to courts as required;

             (19) Maintain a list of all guardians ad litem appointed pursuant to Titles 11, 13, and 26 RCW, who, pursuant to a founded grievance action, have been removed from the guardian ad litem registry in any superior court within the state; and

             (20) Develop a model grievance procedure for use by the superior courts when dealing with complaints against: A guardian ad litem under chapter 11.88, 13.34, or 26.12 RCW; a court-appointed special advocate appointed under chapter 13.34 or 26.12 RCW; or a parenting investigator appointed under chapter 26.12 RCW.


             Sec. 2. RCW 11.88.090 and 1996 c 249 s 10 are each amended to read as follows:

             (1) Nothing contained in RCW 11.88.080 through 11.88.120, 11.92.010 through 11.92.040, 11.92.060 through 11.92.120, 11.92.170, and 11.92.180 shall affect or impair the power of any court to appoint a guardian ad litem to defend the interests of any incapacitated person interested in any suit or matter pending therein, or to commence and prosecute any suit in his or her behalf.

             (2) Upon receipt of a petition for appointment of guardian or limited guardian, except as provided herein, the court shall appoint a guardian ad litem to represent the best interests of the alleged incapacitated person, who shall be a person found or known by the court to:

             (a) Be free of influence from anyone interested in the result of the proceeding; and

             (b) Have the requisite knowledge, training, or expertise to perform the duties required by this section.

             The guardian ad litem shall within five days of receipt of notice of appointment file with the court and serve, either personally or by certified mail with return receipt, each party with a statement including: His or her training relating to the duties as a guardian ad litem; his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment; his or her hourly rate, if compensated; whether the guardian ad litem has had any contact with a party to the proceeding prior to his or her appointment; and whether he or she has an apparent conflict of interest. Within three days of the later of the actual service or filing of the guardian ad litem's statement, any party may set a hearing and file and serve a motion for an order to show cause why the guardian ad litem should not be removed for one of the following three reasons: (i) Lack of expertise necessary for the proceeding; (ii) an hourly rate higher than what is reasonable for the particular proceeding; or (iii) a conflict of interest. Notice of the hearing shall be provided to the guardian ad litem and all parties. If, after a hearing, the court enters an order replacing the guardian ad litem, findings shall be included, expressly stating the reasons for the removal. If the guardian ad litem is not removed, the court has the authority to assess to the moving party, attorneys' fees and costs related to the motion. The court shall assess attorneys' fees and costs for frivolous motions.

             No guardian ad litem need be appointed when a parent is petitioning for a guardian or a limited guardian to be appointed for his or her minor child and the minority of the child, as defined by RCW 11.92.010, is the sole basis of the petition. The order appointing the guardian ad litem shall recite the duties set forth in subsection (4) of this section. The appointment of a guardian ad litem shall have no effect on the legal competency of the alleged incapacitated person and shall not overcome the presumption of competency or full legal and civil rights of the alleged incapacitated person.

             (3)(a) The superior court of each county shall develop and maintain a registry of persons who are willing and qualified to serve as guardians ad litem in guardianship matters. The court shall choose as guardian ad litem a person whose name appears on the registry in a system of consistent rotation, except in extraordinary circumstances such as the need for particular expertise. The court shall develop procedures for periodic review of the persons on the registry and for probation, suspension, or removal of persons on the registry for failure to perform properly their duties as guardian ad litem. In the event the court does not select the person next on the list, it shall include in the order of appointment a written reason for its decision.

             (b) To be eligible for the registry a person shall:

             (i) Present a written statement outlining his or her background and qualifications. The background statement shall include, but is not limited to, the following information:

             (A) Level of formal education;

             (B) Training related to the guardian ad litem's duties;

             (C) Number of years' experience as a guardian ad litem;

             (D) Number of appointments as a guardian ad litem and the county or counties of appointment;

             (E) Criminal history, as defined in RCW 9.94A.030; and

             (F) Evidence of the person's knowledge, training, and experience in each of the following: Needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities, and other areas relevant to the needs of incapacitated persons, legal procedure, and the requirements of chapters 11.88 and 11.92 RCW.

             The written statement of qualifications shall include ((a statement of the number of times the guardian ad litem has been removed for failure to perform his or her duties as guardian ad litem)) the names of any counties in which the person, pursuant to a founded grievance, was removed from a pending case or a guardian ad litem registry; and

             (ii) Complete the ((model)) training ((program)) and continuing educational requirements as described in (d) of this subsection. The training and continuing education requirements are not applicable to guardians ad litem appointed pursuant to court rule solely for the limited purpose of assessing a personal injury settlement.

             (c) The background and qualification information shall be updated annually.

             (d) The department of social and health services shall convene an advisory group to develop a model guardian ad litem training program and establish training and continuing educational requirements. The department, in consultation with the advisory group, shall update the model training program biennially. The advisory group shall consist of representatives from consumer, advocacy, and professional groups knowledgeable in developmental disabilities, neurological impairment, physical disabilities, mental illness, aging, legal, court administration, the Washington state bar association, and other interested parties.

             (e) The superior court shall require ((utilization of the model program developed by the advisory group as)) that any guardian ad litem appointed pursuant to this chapter comply with the training and continuing education requirements described in (d) of this subsection, ((to assure that candidates applying for registration as a qualified guardian ad litem shall have satisfactorily completed training to attain these essential minimum qualifications to act as guardian ad litem)) unless the guardian ad litem is appointed solely for the limited purposes of assessing a personal injury settlement.

             (4) The guardian ad litem appointed pursuant to this section shall have the following duties:

             (a) To meet and consult with the alleged incapacitated person as soon as practicable following appointment and explain, in language which such person can reasonably be expected to understand, the substance of the petition, the nature of the resultant proceedings, the person's right to contest the petition, the identification of the proposed guardian or limited guardian, the right to a jury trial on the issue of his or her alleged incapacity, the right to independent legal counsel as provided by RCW 11.88.045, and the right to be present in court at the hearing on the petition;

             (b) To obtain a written report according to RCW 11.88.045; and such other written or oral reports from other qualified professionals as are necessary to permit the guardian ad litem to complete the report required by this section;

             (c) To meet with the person whose appointment is sought as guardian or limited guardian and ascertain:

             (i) The proposed guardian's knowledge of the duties, requirements, and limitations of a guardian; and

             (ii) The steps the proposed guardian intends to take or has taken to identify and meet the needs of the alleged incapacitated person;

             (d) To consult as necessary to complete the investigation and report required by this section with those known relatives, friends, or other persons the guardian ad litem determines have had a significant, continuing interest in the welfare of the alleged incapacitated person;

             (e) To investigate alternate arrangements made, or which might be created, by or on behalf of the alleged incapacitated person, such as revocable or irrevocable trusts, or durable powers of attorney, or blocked accounts in cases of personal injury settlements; whether good cause exists for any such arrangements to be discontinued; and why such arrangements should not be continued or created in lieu of a guardianship;

             (f) To provide the court with a written report which shall include the following:

             (i) A description of the nature, cause, and degree of incapacity, and the basis upon which this judgment was made;

             (ii) A description of the needs of the incapacitated person for care and treatment, the probable residential requirements of the alleged incapacitated person and the basis upon which these findings were made;

             (iii) An evaluation of the appropriateness of the guardian or limited guardian whose appointment is sought and a description of the steps the proposed guardian has taken or intends to take to identify and meet current and emerging needs of the incapacitated person;

             (iv) A description of any alternative arrangements previously made by the alleged incapacitated person or which could be made, and whether and to what extent such alternatives should be used in lieu of a guardianship, and if the guardian ad litem is recommending discontinuation of any such arrangements, specific findings as to why such arrangements are contrary to the best interest of the alleged incapacitated person;

             (v) A description of the abilities of the alleged incapacitated person and a recommendation as to whether a guardian or limited guardian should be appointed. If appointment of a limited guardian is recommended, the guardian ad litem shall recommend the specific areas of authority the limited guardian should have and the limitations and disabilities to be placed on the incapacitated person;

             (vi) An evaluation of the person's mental ability to rationally exercise the right to vote and the basis upon which the evaluation is made;

             (vii) Any expression of approval or disapproval made by the alleged incapacitated person concerning the proposed guardian or limited guardian or guardianship or limited guardianship;

             (viii) Identification of persons with significant interest in the welfare of the alleged incapacitated person who should be advised of their right to request special notice of proceedings pursuant to RCW 11.92.150; ((and))

             (ix) Unless independent counsel has appeared for the alleged incapacitated person, an explanation of how the alleged incapacitated person responded to the advice of the right to jury trial, to independent counsel and to be present at the hearing on the petition; and

             (x) In cases of personal injury settlements, information relevant to the court's analysis of the offered settlement. The information relevant to the court's analysis may be specified by local court rule, and need not include information specified in subsection (4)(f)(i) through (ix) of this section.

             Within forty-five days after notice of commencement of the guardianship proceeding has been served upon the guardian ad litem, and at least fifteen days before the hearing on the petition, unless an extension or reduction of time has been granted by the court for good cause, the guardian ad litem shall file its report and send a copy to the alleged incapacitated person and his or her counsel, spouse, all children not residing with a notified person, those persons described in (f)(viii) of this subsection, and persons who have filed a request for special notice pursuant to RCW 11.92.150. If the guardian ad litem needs additional time to finalize his or her report, then the guardian ad litem shall petition the court for a postponement of the hearing or, with the consent of all other parties, an extension or reduction of time for filing the report. If the hearing does not occur within sixty days of filing the petition, then upon the two-month anniversary of filing the petition and on or before the same day of each following month until the hearing, the guardian ad litem shall file interim reports summarizing his or her activities on the proceeding during that time period as well as fees and costs incurred;

             (g) To advise the court of the need for appointment of counsel for the alleged incapacitated person within five court days after the meeting described in (a) of this subsection unless (i) counsel has appeared, (ii) the alleged incapacitated person affirmatively communicated a wish not to be represented by counsel after being advised of the right to representation and of the conditions under which court-provided counsel may be available, or (iii) the alleged incapacitated person was unable to communicate at all on the subject, and the guardian ad litem is satisfied that the alleged incapacitated person does not affirmatively desire to be represented by counsel.

             (5) If the petition is brought by an interested person or entity requesting the appointment of some other qualified person or entity and a prospective guardian or limited guardian cannot be found, the court shall order the guardian ad litem to investigate the availability of a possible guardian or limited guardian and to include the findings in a report to the court pursuant to subsection (4)(f) of this section.

             (6) The parties to the proceeding may file responses to the guardian ad litem report with the court and deliver such responses to the other parties and the guardian ad litem at any time up to the second day prior to the hearing. If a guardian ad litem fails to file his or her report in a timely manner, the hearing shall be continued to give the court and the parties at least fifteen days before the hearing to review the report. At any time during the proceeding upon motion of any party or on the court's own motion, the court may remove the guardian ad litem for failure to perform his or her duties as specified in this chapter, provided that the guardian ad litem shall have five days' notice of any motion to remove before the court enters such order. In addition, the court in its discretion may reduce a guardian ad litem's fee for failure to carry out his or her duties.

             (7) The court appointed guardian ad litem shall have the authority, in the event that the alleged incapacitated person is in need of emergency life-saving medical services, and is unable to consent to such medical services due to incapacity pending the hearing on the petition to give consent for such emergency life-saving medical services on behalf of the alleged incapacitated person.

             (8) The court-appointed guardian ad litem shall have the authority to move for temporary relief under chapter 7.40 RCW to protect the alleged incapacitated person from abuse, neglect, abandonment, or exploitation, as those terms are defined in RCW 74.34.020, or to address any other emergency needs of the alleged incapacitated person. Any alternative arrangement executed before filing the petition for guardianship shall remain effective unless the court grants the relief requested under chapter 7.40 RCW, or unless, following notice and a hearing at which all parties directly affected by the arrangement are present, the court finds that the alternative arrangement should not remain effective.

             (9) The guardian ad litem shall receive a fee determined by the court. The fee shall be charged to the alleged incapacitated person unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs: PROVIDED, That if no guardian or limited guardian is appointed the court may charge such fee to the petitioner or the alleged incapacitated person, or divide the fee, as it deems just; and if the petition is found to be frivolous or not brought in good faith, the guardian ad litem fee shall be charged to the petitioner. The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency. In cases of personal injury settlements, guardian ad litem fees shall be negotiated among the parties.

             (10) Upon the presentation of the guardian ad litem report and the entry of an order either dismissing the petition for appointment of guardian or limited guardian or appointing a guardian or limited guardian, the guardian ad litem shall be dismissed and shall have no further duties or obligations unless otherwise ordered by the court. If the court orders the guardian ad litem to perform further duties or obligations, they shall not be performed at county expense.

             (11) The guardian ad litem shall appear in person at all hearings on the petition unless all parties provide a written waiver of the requirement to appear.

             (12) At any hearing the court may consider whether any person who makes decisions regarding the alleged incapacitated person or estate has breached a statutory or fiduciary duty.


             Sec. 3. RCW 13.34.100 and 1996 c 249 s 13 are each amended to read as follows:

             (1) The court shall appoint a guardian ad litem for a child who is the subject of an action under this chapter, unless a court for good cause finds the appointment unnecessary. The requirement of a guardian ad litem may be deemed satisfied if the child is represented by independent counsel in the proceedings.

             (2) If the court does not have available to it a guardian ad litem program with a sufficient number of volunteers, the court may appoint a suitable person to act as guardian ad litem for the child under this chapter. Another party to the proceeding or the party's employee or representative shall not be so appointed.

             (3) Each guardian ad litem program shall maintain a background information record for each guardian ad litem in the program. The background file shall include, but is not limited to, the following information:

             (a) Level of formal education;

             (b) Training related to the guardian's duties;

             (c) Number of years' experience as a guardian ad litem;

             (d) Number of appointments as a guardian ad litem and the county or counties of appointment; ((and))

             (e) The name of any counties in which, pursuant to a founded grievance, the person was removed from a pending case or a guardian ad litem registry; and

             (f) Criminal history, as defined in RCW 9.94A.030.

             The background information report shall be updated annually. As a condition of appointment, the guardian ad litem's background information record shall be made available to the court. If the appointed guardian ad litem is not a member of a guardian ad litem program the person shall provide the background information to the court.

             Upon appointment, the guardian ad litem, or guardian ad litem program, shall provide the parties or their attorneys with a statement containing: His or her training relating to the duties as a guardian ad litem; the name of any counties in which, pursuant to a founded grievance, the person was removed from a pending case or a guardian ad litem registry; and his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment. The background statement shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the court may allow the use of maiden names or pseudonyms as necessary for their safety.

             (4) The appointment of the guardian ad litem shall remain in effect until the court discharges the appointment or no longer has jurisdiction, whichever comes first. The guardian ad litem may also be discharged upon entry of an order of guardianship.

             (5) A guardian ad litem through counsel, or as otherwise authorized by the court, shall have the right to present evidence, examine and cross-examine witnesses, and to be present at all hearings. A guardian ad litem shall receive copies of all pleadings and other documents filed or submitted to the court, and notice of all hearings according to court rules. The guardian ad litem shall receive all notice contemplated for a parent or other party in all proceedings under this chapter.

             (6) If the child requests legal counsel and is age twelve or older, or if the guardian ad litem or the court determines that the child needs to be independently represented by counsel, the court may appoint an attorney to represent the child's position.

             (7) For the purposes of child abuse prevention and treatment act (42 U.S.C. Secs. 5101 et seq.) grants to this state under P.L. 93-247, or any related state or federal legislation, a person appointed pursuant to RCW 13.34.100 shall be deemed a guardian ad litem to represent the best interests of the minor in proceedings before the court.

             (8) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program shall give the court the name of the person it recommends and the appointment shall be effective immediately. The court shall appoint the person recommended by the program. If a party in a case reasonably believes the court-appointed special advocate or volunteer is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate on the grounds the advocate or volunteer is inappropriate or unqualified.


             Sec. 4. RCW 13.34.102 and 1997 c 41 s 6 are each amended to read as follows:

             (1)(a) All guardians ad litem((, who have not previously served or been trained as a guardian ad litem in this state, who are appointed after January 1, 1998,)) must ((complete the curriculum developed by the office of the administrator for the courts)) comply with the training requirements established under RCW 2.56.030(15), prior to their appointment in cases under Title 13 RCW, except that volunteer guardians ad litem or court-appointed special advocates ((accepted into a volunteer program after January 1, 1998,)) may ((complete an alternative curriculum)) comply with alternative training requirements approved by the office of the administrator for the courts that meet((s)) or exceed((s)) the state-wide ((curriculum)) requirements.

             (b) All persons appointed as guardians ad litem or court-appointed special advocates must comply with the continuing education requirements established under RCW 2.56.030(15).

             (2)(a) Each guardian ad litem program for compensated guardians ad litem shall establish a rotational registry system for the appointment of guardians ad litem. If a judicial district does not have a program the court shall establish the rotational registry system. Guardians ad litem shall be selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of a guardian ad litem from the registry. The court may order the removal of a guardian ad litem from the rotational registry if the court finds that the guardian ad litem charges an unreasonable fee for his or her services.

             (b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information as specified in RCW 13.34.100(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed.

             (c) If a party reasonably believes that the appointed guardian ad litem lacks the necessary expertise for the proceeding, charges an hourly rate higher than what is reasonable for the particular proceeding, or has a conflict of interest, the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad litem by filing a motion with the court.

             (d) Upon the motion of any party the court shall, if located in a judicial district with a population over one hundred thousand, remove a compensated guardian ad litem who was not selected from a rotational registry system. This subsection (2)(d) does not apply when the guardian ad litem was appointed: (i) Under exceptional circumstances authorized under (a) of this subsection; or (ii) as a result of a joint recommendation of the parties.

             (3) The rotational registry system shall not apply to court-appointed special advocate programs.


             Sec. 5. RCW 13.34.105 and 1993 c 241 s 3 are each amended to read as follows:

             (1) Unless otherwise directed by the court, the duties of the guardian ad litem include but are not limited to the following:

             (a) To ((represent)) investigate and ((be an)) advocate for the best interests of the child;

             (b) To collect relevant information about the child's situation;

             (c) To monitor all court orders for compliance and to bring to the court's attention any change in circumstances that may require a modification of the court's order; and

             (d) To report to the court information on: (i) The legal status of a child's membership in any Indian tribe or band; and (ii) the facts relating to the child's best interests.

             (2) ((The)) A guardian ad litem who is: (a) Selected from a registry; (b) appointed under exceptional circumstances pursuant to RCW 13.34.102(2)(a); or (c) a court-appointed special advocate shall be deemed an officer of the court for the purpose of immunity from civil liability unless removed from a case pursuant to a founded grievance.

             (3) Except for information or records specified in RCW 13.50.100(4), the guardian ad litem shall have access to all information available to the state or agency on the case. Upon presentation of the order of appointment by the guardian ad litem, any agency, hospital, school organization, division or department of the state, doctor, nurse, or other health care provider, psychologist, psychiatrist, police department, or mental health clinic shall permit the guardian ad litem to inspect and copy any records relating to the child or children involved in the case, without the consent of the parent or guardian of the child, or of the child if the child is under the age of thirteen years, unless such access is otherwise specifically prohibited by law.

             (4) The guardian ad litem shall release case information in accordance with the provisions of RCW 13.50.100.


             Sec. 6. RCW 26.12.175 and 1996 c 249 s 15 are each amended to read as follows:

             (1)(a) The court may appoint a guardian ad litem to represent the interests of a minor or dependent child when the court believes the appointment of a guardian ad litem is necessary to protect the best interests of the child in any proceeding under this chapter. The family court services professionals may also make a recommendation to the court regarding whether a guardian ad litem should be appointed for the child. The court may appoint a guardian ad litem from the court-appointed special advocate program, if that program exists in the county.

             (b) Unless otherwise ordered, the guardian ad litem's role is to: (i) Investigate and report to the court concerning parenting arrangements for the child((,)); (ii) report on the child's wishes when the child is twelve years of age or older; and ((to represent)) (iii) advocate for the child's best interests. The court may require the guardian ad litem to provide periodic reports to the parties regarding the status of his or her investigation. The guardian ad litem shall file his or her report at least sixty days prior to trial.

             (c) The court shall enter an order for costs, fees, and disbursements to cover the costs of the guardian ad litem. The court may order either or both parents to pay for the costs of the guardian ad litem, according to their ability to pay. If both parents are indigent, the county shall bear the cost of the guardian, subject to appropriation for guardians' ad litem services by the county legislative authority. Guardians ad litem who are not volunteers shall provide the parties with an itemized accounting of their time and billing for services each month.

             (2)(a) If the guardian ad litem appointed is from the county court-appointed special advocate program, the program shall supervise any guardian ad litem assigned to the case. The court-appointed special advocate program shall be entitled to notice of all proceedings in the case.

             (b) The legislative authority of each county may authorize creation of a court-appointed special advocate program. The county legislative authority may adopt rules of eligibility for court-appointed special advocate program services.

             (3) Each guardian ad litem program shall maintain a background information record for each guardian ad litem in the program. The background file shall include, but is not limited to, the following information:

             (a) Level of formal education;

             (b) Training related to the guardian's duties;

             (c) Number of years' experience as a guardian ad litem;

             (d) Number of appointments as a guardian ad litem and county or counties of appointment; ((and))

             (e) The name of any counties in which, pursuant to a founded grievance, the person was removed from a pending case or a guardian ad litem registry; and

             (f) Criminal history, as defined in RCW 9.94A.030.

             The background information report shall be updated annually. As a condition of appointment, the guardian ad litem's background information record shall be made available to the court. If the appointed guardian ad litem is not a member of a guardian ad litem program the person shall provide the background information to the court.

             Upon appointment, the guardian ad litem, or guardian ad litem program, shall provide the parties or their attorneys with a statement containing: His or her training relating to the duties as a guardian ad litem; the name of any counties in which, pursuant to a founded grievance, the person was removed from a pending case or a guardian ad litem registry; and his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment. The background statement shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the court may allow the use of maiden names or pseudonyms as necessary for their safety.

             (4) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program shall give the court the name of the person it recommends and the appointment shall be effective immediately. The court shall appoint the person recommended by the program. If a party in a case reasonably believes the court-appointed special advocate or volunteer is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate on the grounds the advocate or volunteer is inappropriate or unqualified.


             Sec. 7. RCW 26.12.177 and 1997 c 41 s 7 are each amended to read as follows:

             (1)(a) All guardians ad litem((, who have not previously served or been trained as a guardian ad litem in this state, who are appointed after January 1, 1998,)) must ((complete the curriculum developed by the office of the administrator for the courts)) comply with the training requirements established under RCW 2.56.030(15), prior to their appointment in cases under Title 26 RCW, except that volunteer guardians ad litem or court-appointed special advocates ((accepted into a volunteer program after January 1, 1998,)) may ((complete an alternative curriculum)) comply with alternative training requirements approved by the office of the administrator for the courts that meet((s)) or exceed((s)) the state-wide ((curriculum)) requirements.

             (b) All persons appointed as guardians ad litem or court-appointed special advocates must comply with the continuing education requirements established under RCW 2.56.030(15).

             (2)(a) Each guardian ad litem program for compensated guardians ad litem shall establish a rotational registry system for the appointment of guardians ad litem. If a judicial district does not have a program the court shall establish the rotational registry system. Guardians ad litem shall be selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of a guardian ad litem from the registry. The court may order the removal of a guardian ad litem from the rotational registry if the court finds that the guardian ad litem charges an unreasonable fee for his or her services.

             (b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information as specified in RCW 26.12.175(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed.

             (c) If a party reasonably believes that the appointed guardian ad litem lacks the necessary expertise for the proceeding, charges an hourly rate higher than what is reasonable for the particular proceeding, or has a conflict of interest, the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad litem by filing a motion with the court.

             (d) Upon the motion of any party the court shall, if located in a judicial district with a population over one hundred thousand, remove a compensated guardian ad litem who was not selected from a rotational registry system. This subsection (2)(d) does not apply when the guardian ad litem was appointed: (i) Under exceptional circumstances authorized under (a) of this subsection; or (ii) as a result of a joint recommendation of the parties.

             (e) Under this section, within either registry referred to in (a) of this subsection, a subregistry may be created that consists of guardians ad litem under contract with the department of social and health services' division of child support. Guardians ad litem on such a subregistry shall be selected and appointed in state-initiated paternity cases only.

             (3) The rotational registry system shall not apply to court-appointed special advocate programs.


             NEW SECTION. Sec. 8. A new section is added to chapter 26.12 RCW to read as follows:

             A guardian ad litem who is: (1) Selected from a registry; (2) appointed under exceptional circumstances pursuant to RCW 26.12.177(2)(a); or (3) a court-appointed special advocate shall be deemed an officer of the court for the purpose of immunity from civil liability unless removed from a case pursuant to a founded grievance.


             NEW SECTION. Sec. 9. A new section is added to chapter 11.88 RCW to read as follows:

             The court shall, in each order of appointment, specify the hourly rate the guardian ad litem may charge for his or her services, and shall specify the maximum amount the guardian ad litem may charge without additional court review and approval.


             NEW SECTION. Sec. 10. A new section is added to chapter 13.34 RCW to read as follows:

             The court shall, in each order of appointment, specify the hourly rate the guardian ad litem may charge for his or her services, and shall specify the maximum amount the guardian ad litem may charge without additional court review and approval.


             NEW SECTION. Sec. 11. A new section is added to chapter 26.12 RCW to read as follows:

             The court shall, in each order of appointment, specify the hourly rate the guardian ad litem may charge for his or her services, and shall specify the maximum amount the guardian ad litem may charge without additional court review and approval.


             NEW SECTION. Sec. 12. A new section is added to chapter 11.88 RCW to read as follows:

             All guardians ad litem are prohibited from engaging in ex parte communications with any judicial officer regarding the matter for which he or she is appointed, except as approved pursuant to a hearing conducted with adequate notice to all parties. Unauthorized communication shall be immediately reported to all parties and their attorneys. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem who violates this section from any pending case or the guardian ad litem rotational registry, and if so removed may require forfeiture of any fees for professional services on any pending cases.


             NEW SECTION. Sec. 13. A new section is added to chapter 13.34 RCW to read as follows:

             All guardians ad litem and court-appointed special advocates are prohibited from engaging in ex parte communications with any judicial officer regarding the matter for which he or she is appointed, except as approved pursuant to a hearing conducted with adequate notice to all parties. Unauthorized communication shall be immediately reported to all parties and their attorneys. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem or court-appointed special advocate who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on any pending cases.


             NEW SECTION. Sec. 14. A new section is added to chapter 26.12 RCW to read as follows:

             All guardians ad litem, court-appointed special advocates, and parenting investigators are prohibited from engaging in ex parte communications with any judicial officer regarding the matter for which he or she is appointed, except as approved pursuant to a hearing conducted with adequate notice to all parties. Unauthorized communication shall be immediately reported to all parties and their attorneys. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem, court-appointed special advocate, or parenting investigator who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on any pending cases.


             NEW SECTION. Sec. 15. A new section is added to chapter 26.12 RCW to read as follows:

             All information, records, and reports obtained or created by a guardian ad litem, court-appointed special advocate, or parenting investigator shall be discoverable to the parties and their attorneys. The guardian ad litem, court-appointed special advocate, or parenting investigator shall maintain the privacy of the parties and the confidentiality of information obtained, pursuant to the investigation, as to third parties. Any guardian ad litem can move the court to seal the court file to protect information obtained by the guardian ad litem from disclosure to third persons, particularly in cases where no evidentiary rulings have been made on information introduced by affidavit, declaration, or other means.


             NEW SECTION. Sec. 16. A new section is added to chapter 13.34 RCW to read as follows:

             This chapter shall not be construed to prohibit a guardian ad litem, court-appointed special advocate, or parenting investigator from releasing confidential information, records, and reports to the office of the family and children's ombudsman for the purposes of carrying out its duties under RCW 43.06A.030.


             NEW SECTION. Sec. 17. A new section is added to chapter 26.12 RCW to read as follows:

             This chapter shall not be construed to prohibit a guardian ad litem, court-appointed special advocate, or parenting investigator from releasing confidential information, records, and reports to the office of the family and children's ombudsman for the purposes of carrying out its duties under RCW 43.06A.030.


             NEW SECTION. Sec. 18. This act takes effect July 1, 1998, except for sections 4 and 7 of this act, which take effect January 1, 2000."


             On page 1, line 1 of the title, after "litem;" strike the remainder of the title and insert "amending RCW 2.56.030, 11.88.090, 13.34.100, 13.34.102, 13.34.105, 26.12.175, and 26.12.177; adding new sections to chapter 11.88 RCW; adding new sections to chapter 13.34 RCW; adding new sections to chapter 26.12 RCW; and providing effective dates."

 

Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6220            Prime Sponsor, Senator Horn: Allowing airline employees to trade shifts without overtime pay. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Chairman; Honeyford, Vice Chairman; Conway, Ranking Minority Member; Wood, Assistant Ranking Minority Member; Boldt; Hatfield and Lisk.


             Voting Yea: Representatives McMorris, Honeyford, Conway, Wood, Boldt, Clements and Lisk.

             Excused: Representatives Cole and Hatfield.


             Referred to Committee on Transportation Policy & Budget.


February 27, 1998

SB 6223            Prime Sponsor, Senator McCaslin: Revising provisions for filing with the state tax board. Reported by Committee on Government Administration

 

MAJORITY recommendation: Do pass. Signed by Representatives D. Schmidt, Chairman; D. Sommers, Vice Chairman; Scott, Ranking Minority Member; Gardner, Assistant Ranking Minority Member; Doumit; Dunn; Dunshee; Murray; Reams; Smith; L. Thomas; Wensman and Wolfe.


             Voting Yea: Representatives D. Schmidt, D. Sommers, Scott, Doumit, Dunn, Dunshee, Murray, Reams, Smith, L. Thomas, Wensman and Wolfe.

             Excused: Representative Gardner.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6228            Prime Sponsor, Senator Haugen: Adjusting aircraft dealers' license fees and their distribution. Reported by Committee on Transportation Policy & Budget

 

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Buck; Constantine; DeBolt; Gardner; Hatfield; Johnson; McCune; Murray; O'Brien; Ogden; Radcliff; Robertson; Romero; Scott; Skinner; Sterk; Wood and Zellinsky.


             Voting Yea: Representatives K. Schmidt, Fisher, Hankins, Mielke, Mitchell, Backlund, Buck, Constantine, Cooper, DeBolt, Gardner, Hatfield, Johnson, McCune, Murray, O'Brien, Ogden, Radcliff, Robertson, Romero, Scott, Skinner, Sterk, Wood and Zellinsky.

             Excused: Representatives Cairnes and Chandler.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6229          Prime Sponsor, Senate Committee on Transportation: Enhancing compliance with aircraft registration laws. Reported by Committee on Transportation Policy & Budget

 

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Buck; Constantine; DeBolt; Gardner; Hatfield; Johnson; McCune; Murray; O'Brien; Ogden; Radcliff; Robertson; Romero; Scott; Skinner; Sterk; Wood and Zellinsky.


             Voting Yea: Representatives K. Schmidt, Fisher, Hankins, Mielke, Mitchell, Backlund, Buck, Constantine, Cooper, DeBolt, Gardner, Hatfield, Johnson, McCune, O'Brien, Ogden, Radcliff, Romero, Scott, Skinner, Sterk, Wood and Zellinsky.

             Excused: Representatives Cairnes, Chandler, Murray and Robertson.


             Passed to Rules Committee for second reading.


February 27, 1998

ESSB 6231       Prime Sponsor, Senate Committee on Natural Resources & Park: Limiting the near-term growth of the natural area preserve program, and providing for a study of the program. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The department of natural resources shall not adopt a new management plan pertaining to any natural area preserves in Grays Harbor county and Pacific county before January 10, 1999.


             NEW SECTION. Sec. 2. The senate natural resources and parks committee shall study the following aspects of the natural area preserves program created under chapter 79.70 RCW:

             (1) The potential impact, if any, of defining natural area preserve boundaries which encompass land that has not yet been purchased for the program;

             (2) The correlation between the goals and purposes of the natural area preserve program and the natural resource conservation area program and the potential use of both programs in selected areas;

             (3) The current procedures that ensure the adequacy of local public input concerning natural area preserve boundaries and management;

             (4) The criteria and scientific methods used to ensure that natural area preserves fulfill the purposes of the program."

 

Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Chandler; Eickmeyer; Hatfield and Pennington.

 

MINORITY recommendation: Without recommendation. Signed by Representative Anderson.


             Voting Yea: Representatives Buck, Sump, Regala, Butler, Alexander, Chandler, Eickmeyer, Hatfield, and Pennington.

             Voting Nay: Representative Anderson.

             Excused: Representative Thompson.


             Passed to Rules Committee for second reading.


February 26, 1998

E2SSB 6235     Prime Sponsor, Senate Committee on Ways & Means: Creating the community outdoor athletic fields advisory committee. Reported by Committee on Trade & Economic Development

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. (1) The legislature recognizes that coordinated funding efforts are needed to maintain, develop, and improve the state's community outdoor athletic fields. Rapid population growth and increased urbanization have caused a decline in suitable outdoor fields for community athletic activities and has resulted in overcrowding and deterioration of existing surfaces. Lack of adequate community outdoor athletic fields directly affects the health and well-being of all citizens of the state, reduces the state's economic viability, and prevents Washington from maintaining and achieving the quality of life that it deserves. Therefore, it is the policy of the state and its agencies to maintain, develop, fund, and improve youth or community athletic facilities, including but not limited to community outdoor athletic fields.

             (2) In carrying out this policy, the legislature intends to promote the building of new community outdoor athletic fields, the upgrading of existing community outdoor athletic fields, and the maintenance of existing community outdoor athletic fields across the state of Washington. The purpose of sections 1 through 4 of this act is to create an advisory council to provide information and advice to the interagency committee for outdoor recreation in the distribution of the funds in the youth athletic facility grant account established in RCW 43.99N.060(4).


             NEW SECTION. Sec. 2. (1) A community outdoor athletic fields advisory council is established within the interagency committee for outdoor recreation. The advisory council shall consist of nine members, from the public at large, appointed as follows: (a) Five members appointed by the chairperson of the interagency committee for outdoor recreation; (b) two members appointed by the house of representatives, one each by the speaker of the house of representatives and the minority leader of the house of representatives; and (c) two members appointed by the senate, one each appointed by the majority leader of the senate and the minority leader of the senate. The appointments must reflect an effort to achieve a balance among the appointed members based upon factors of geographic, racial, ethnic, and gender diversity, and with a sense and awareness of community outdoor athletic field needs.

             (2) The advisory council shall provide information to and make recommendations to the interagency committee for outdoor recreation on the award of funds from the youth athletic facility grant account created in RCW 43.99N.060(4), to cities, counties, and qualified nonprofit organizations for acquiring, developing, equipping, maintaining, and improving youth or community athletic facilities, including but not limited to community outdoor athletic fields.

             (3) The members shall serve three-year terms. Of the initial members, two shall be appointed for a one-year term, three shall be appointed for a two-year term, and the remainder shall be appointed for three-year terms. Thereafter, members shall be appointed for three-year terms. The chairperson of the interagency committee for outdoor recreation shall appoint one of the members to serve as chairperson of the advisory council for the duration of the member's term.

             (4) Members of the advisory council shall serve without compensation, but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.


             NEW SECTION. Sec. 3. Subject to available resources, the interagency committee for outdoor recreation, in consultation with the community outdoor athletic fields advisory council may:

             (1) Prepare and update a strategic plan for the development, maintenance, and improvement of community outdoor athletic fields in the state. In the preparation of such plan, the interagency committee for outdoor recreation may use available data from federal, state, and local agencies having community outdoor athletic responsibilities, user groups, private sector interests, and the general public. The plan may include, but is not limited to:

             (a) An inventory of current community outdoor athletic fields;

             (b) A forecast of demand for these fields;

             (c) An identification and analysis of actual and potential funding sources; and

             (d) Other information the interagency committee for outdoor recreation deems appropriate to carry out the purposes of sections 1 through 4 of this act;

             (2) Determine the eligibility requirements for cities, counties, and qualified nonprofit organizations to access funding from the youth athletic facility grant account created in RCW 43.99N.060(4);

             (3) Encourage and provide opportunities for interagency and regional coordination and cooperative efforts between public agencies and between public entities and nonprofit organizations involved in the maintenance, development, and improvement of community outdoor athletic fields; and

             (4) Create and maintain data, studies, research, and other information relating to community outdoor athletic fields in the state, and to encourage the exchange of this information.


             NEW SECTION. Sec. 4. The interagency committee for outdoor recreation may receive gifts, grants, or endowments from public and private sources that are made from time to time, in trust or otherwise, for the use and benefit of the purposes of sections 1 through 4 of this act and spend gifts, grants, or endowments or income from the public or private sources according to their terms, unless the receipt of the gifts, grants, or endowments violates RCW 42.17.710.


             NEW SECTION. Sec. 5. 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. 6. Sections 1 through 4 of this act expire one year after RCW 82.14.0494 expires.


             NEW SECTION. Sec. 7. Sections 1 through 6 of this act are each added to chapter 43.99 RCW under the subchapter heading "youth or community athletic facilities.""


             Correct the title.

 

Signed by Representatives Van Luven, Chairman; Dunn, Vice Chairman; Veloria, Ranking Minority Member; Eickmeyer, Assistant Ranking Minority Member; Alexander; Ballasiotes; Mason; McDonald and Morris.


             Voting Yea: Representatives Van Luven, Dunn, Veloria, Alexander, Ballasiotes, Eickmeyer, Mason, McDonald and Morris.


             Passed to Rules Committee for second reading.


February 26, 1998

ESSB 6238       Prime Sponsor, Senate Committee on Human Services & Corrections: Changing provisions relating to dependent children. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass as amended.

 

             On page 1 on line 11, after "filed" insert "by the department"


             On page 1, on line 16, after "include" insert "but not be limited to"


             On page 7, on line 11, strike "ten" and insert "fifteen"

 

Signed by Representatives Cooke, Chairman; Boldt, Vice Chairman; Bush, Vice Chairman; Tokuda, Ranking Minority Member; Kastama, Assistant Ranking Minority Member; Ballasiotes; Carrell; Dickerson; Gombosky; McDonald and Wolfe.


             Voting Yea: Representatives Cooke, Boldt, Bush, Tokuda, Kastama, Ballasiotes, Carrell, Dickerson, Gombosky, McDonald and Wolfe.


             Referred to Committee on Appropriations.


February 27, 1998

SSB 6240          Prime Sponsor, Senate Committee on Law & Justice: Allowing a superior court judge to appoint a stenographer reporter. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 2.32.180 and 1992 c 189 s 6 are each amended to read as follows:

             ((It shall be and is the duty of)) (1) Each ((and every)) superior court judge in counties or judicial districts in the state of Washington having a population of over thirty-five thousand inhabitants ((to appoint, or said judge may, in any county or judicial district having a population of over twenty-five thousand and less than thirty-five thousand,)) shall appoint a stenographic reporter to be attached to the judge's court who shall have had at least three years' experience as a skilled, practical reporter, or ((who upon examination shall be able to report and transcribe accurately one hundred and seventy-five words per minute of the judge's charge or two hundred words per minute of testimony each for five consecutive minutes; said test of proficiency, in event of inability to meet qualifications as to length of time of experience, to be given by an examining committee composed of one judge of the superior court and two official reporters of the superior court of the state of Washington, appointed by the president judge of the superior court judges association of the state of Washington: PROVIDED, That a stenographic reporter shall not be required to be appointed for the seven additional judges of the superior court authorized for appointment by section 1, chapter 323, Laws of 1987, the additional superior court judge authorized by section 1, chapter 66, Laws of 1988, the additional superior court judges authorized by sections 2 and 3, chapter 328, Laws of 1989, the additional superior court judges authorized by sections 1 and 2, chapter 186, Laws of 1990, or the additional superior court judges authorized by sections 1 through 5, chapter 189, Laws of 1992. Appointment of a stenographic reporter is not required for any additional superior court judge authorized after July 1, 1992. The initial judicial appointee shall serve for a period of six years; the two initial reporter appointees shall serve for a period of four years and two years, respectively, from September 1, 1957; thereafter on expiration of the first terms of service, each newly appointed member of said examining committee to serve for a period of six years. In the event of death or inability of a member to serve, the president judge shall appoint a reporter or judge, as the case may be, to serve for the balance of the unexpired term of the member whose inability to serve caused such vacancy. The examining committee shall grant certificates to qualified applicants. Administrative and procedural rules and regulations shall be promulgated by said examining committee, subject to approval by the said president judge)) is a Washington state certified court reporter. However, a superior court judge may select an alternative method for making the record if the court was previously exempted from this requirement, or the court is authorized under court rule to use video, electronic, or mechanical recording devices.

             (2) The stenographic reporter upon appointment shall thereupon become an officer of the court and shall be designated and known as the official reporter for the court or judicial district for which he or she is appointed((: PROVIDED, That)). In no event shall there be appointed more official reporters in any one county or judicial district than there are superior court judges in such county or judicial district; the appointments in each county with a population of one million or more shall be made by the majority vote of the judges in said county acting en banc; the appointments in each county with a population of from one hundred twenty-five thousand to less than one million may be made by each individual judge therein or by the judges in said county acting en banc. Each official reporter so appointed shall hold office during the term of office of the judge or judges appointing him or her, but may be removed for incompetency, misconduct, or neglect of duty, and before entering upon the discharge of his or her duties shall take an oath to perform faithfully the duties of his or her office, and file a bond in the sum of two thousand dollars for the faithful discharge of his or her duties. ((Such reporter in each court is hereby declared to be a necessary part of the judicial system of the state of Washington.))"

 

Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6242          Prime Sponsor, Senate Committee on Higher Education: Creating the Washington state endowment for higher education. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Carlson, Chairman; Radcliff, Vice Chairman; Kenney, Assistant Ranking Minority Member; Butler; Dunn; O'Brien; Sheahan and Van Luven.


             Voting Yea: Representatives Carlson, Radcliff, Kenney, Butler, O'Brien, Sheahan and Van Luven.

             Excused: Representative Mason.

             Not Voting: Representative Dunn.


             Referred to Committee on Appropriations.


February 26, 1998

ESB 6257         Prime Sponsor, Senator Strannigan: Lowering statutory levels for legal alcohol intoxication. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 46.20.308 and 1995 c 332 s 1 are each amended to read as follows:

             (1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503.

             (2) The test or tests of breath shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration ((of 0.02 or more)) in violation of RCW 46.61.503 in his or her system and being under the age of twenty-one. However, in those instances where the person is incapable due to physical injury, physical incapacity, or other physical limitation, of providing a breath sample or where the person is being treated in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility in which a breath testing instrument is not present or where the officer has reasonable grounds to believe that the person is under the influence of a drug, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(4). The officer shall inform the person of his or her right to refuse the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506. The officer shall warn the driver that:

             (a) His or her license, permit, or privilege to drive will be revoked or denied if he or she refuses to submit to the test;

             (b) His or her license, permit, or privilege to drive will be suspended, revoked, denied, or placed in probationary status if the test is administered and the test indicates the alcohol concentration of the person's breath or blood is ((0.10)) 0.08 or more, in the case of a person age twenty-one or over, or ((0.02 or more)) in violation of RCW 46.61.502, 46.61.503, or 46.61.504 in the case of a person under age twenty-one; and

             (c) His or her refusal to take the test may be used in a criminal trial.

             (3) Except as provided in this section, the test administered shall be of the breath only. If an individual is unconscious or is under arrest for the crime of vehicular homicide as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest results from an accident in which there has been serious bodily injury to another person, a breath or blood test may be administered without the consent of the individual so arrested.

             (4) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (1) of this section and the test or tests may be administered, subject to the provisions of RCW 46.61.506, and the person shall be deemed to have received the warnings required under subsection (2) of this section.

             (5) If, following his or her arrest and receipt of warnings under subsection (2) of this section, the person arrested refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall be given except as authorized under subsection (3) or (4) of this section.

             (6) If, after arrest and after the other applicable conditions and requirements of this section have been satisfied, a test or tests of the person's blood or breath is administered and the test results indicate that the alcohol concentration of the person's breath or blood is ((0.10)) 0.08 or more if the person is age twenty-one or over, or is ((0.02 or more)) in violation of RCW 46.61.502, 46.61.503, or 46.61.504 if the person is under the age of twenty-one, or the person refuses to submit to a test, the arresting officer or other law enforcement officer at whose direction any test has been given, or the department, where applicable, if the arrest results in a test of the person's blood, shall:

             (a) Serve notice in writing on the person on behalf of the department of its intention to suspend, revoke, deny, or place in probationary status the person's license, permit, or privilege to drive as required by subsection (7) of this section;

             (b) Serve notice in writing on the person on behalf of the department of his or her right to a hearing, specifying the steps he or she must take to obtain a hearing as provided by subsection (8) of this section;

             (c) Mark the person's Washington state driver's license or permit to drive, if any, in a manner authorized by the department;

             (d) Serve notice in writing that the marked license or permit, if any, is a temporary license that is valid for sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or until the suspension, revocation, or denial of the person's license, permit, or privilege to drive is sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first. No temporary license is valid to any greater degree than the license or permit that it replaces; and

             (e) Immediately notify the department of the arrest and transmit to the department within seventy-two hours, except as delayed as the result of a blood test, a sworn report or report under a declaration authorized by RCW A.72.085 that states:

             (i) That the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or was under the age of twenty-one years and had been driving or was in actual physical control of a motor vehicle while having an alcohol concentration ((of 0.02 or more)) in violation of RCW 46.61.503;

             (ii) That after receipt of the warnings required by subsection (2) of this section the person refused to submit to a test of his or her blood or breath, or a test was administered and the results indicated that the alcohol concentration of the person's breath or blood was ((0.10)) 0.08 or more if the person is age twenty-one or over, or was ((0.02 or more)) in violation of RCW 46.61.502, 46.61.503, or 46.61.504 if the person is under the age of twenty-one; and

             (iii) Any other information that the director may require by rule.

             (7) The department of licensing, upon the receipt of a sworn report or report under a declaration authorized by RCW A.72.085 under subsection (6)(e) of this section, shall suspend, revoke, deny, or place in probationary status the person's license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, denial, or placement in probationary status to be effective beginning sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or when sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first.

             (8) A person receiving notification under subsection (6)(b) of this section may, within thirty days after the notice has been given, request in writing a formal hearing before the department. The person shall pay a fee of one hundred dollars as part of the request. If the request is mailed, it must be postmarked within thirty days after receipt of the notification. Upon timely receipt of such a request for a formal hearing, including receipt of the required one hundred dollar fee, the department shall afford the person an opportunity for a hearing. Except as otherwise provided in this section, the hearing is subject to and shall be scheduled and conducted in accordance with RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means. The hearing shall be held within sixty days following the arrest or following the date notice has been given in the event notice is given by the department following a blood test, unless otherwise agreed to by the department and the person, in which case the action by the department shall be stayed, and any valid temporary license marked under subsection (6)(c) of this section extended, if the person is otherwise eligible for licensing. For the purposes of this section, the scope of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration ((of 0.02 or more)) in violation of RCW 46.61.503 and was under the age of twenty-one, whether the person was placed under arrest, and (a) whether the person refused to submit to the test or tests upon request of the officer after having been informed that such refusal would result in the revocation of the person's license, permit, or privilege to drive, or (b) if a test or tests were administered, whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether the person submitted to the test or tests, or whether a test was administered without express consent as permitted under this section, and whether the test or tests indicated that the alcohol concentration of the person's breath or blood was ((0.10)) 0.08 or more if the person was age twenty-one or over at the time of the arrest, or was ((0.02 or more)) in violation of RCW 46.61.502, 46.61.503, or 46.61.504 if the person was under the age of twenty-one at the time of the arrest. The sworn report or report under a declaration authorized by RCW A.72.085 submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration ((of 0.02 or more)) in violation of RCW 46.61.503 and was under the age of twenty-one and that the officer complied with the requirements of this section.

             A hearing officer shall conduct the hearing, may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses. The hearing officer shall not issue a subpoena for the attendance of a witness at the request of the person unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The sworn report or report under a declaration authorized by RCW 9A.72.085 of the law enforcement officer and any other evidence accompanying the report shall be admissible without further evidentiary foundation and the certifications authorized by the criminal rules for courts of limited jurisdiction shall be admissible without further evidentiary foundation. The person may be represented by counsel, may question witnesses, may present evidence, and may testify. The department shall order that the suspension, revocation, denial, or placement in probationary status either be rescinded or sustained.

             (9) If the suspension, revocation, denial, or placement in probationary status is sustained after such a hearing, the person whose license, privilege, or permit is suspended, revoked, denied, or placed in probationary status has the right to file a petition in the superior court of the county of arrest to review the final order of revocation by the department in the same manner as an appeal from a decision of a court of limited jurisdiction. The appellant must pay the costs associated with obtaining the record of the hearing before the hearing officer. The filing of the appeal does not stay the effective date of the suspension, revocation, denial, or placement in probationary status. A petition filed under this subsection must include the petitioner's grounds for requesting review. Upon granting petitioner's request for review, the court shall review the department's final order of suspension, revocation, denial, or placement in probationary status as expeditiously as possible. If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant such relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury. If the court stays the suspension, revocation, denial, or placement in probationary status it may impose conditions on such stay.

             (10) If a person whose driver's license, permit, or privilege to drive has been or will be suspended, revoked, denied, or placed in probationary status under subsection (7) of this section, other than as a result of a breath test refusal, and who has not committed an offense within the last five years for which he or she was granted a deferred prosecution under chapter 10.05 RCW, petitions a court for a deferred prosecution on criminal charges arising out of the arrest for which action has been or will be taken under subsection (7) of this section, the court may direct the department to stay any actual or proposed suspension, revocation, denial, or placement in probationary status for at least forty-five days but not more than ninety days. If the court stays the suspension, revocation, denial, or placement in probationary status, it may impose conditions on such stay. If the person is otherwise eligible for licensing, the department shall issue a temporary license, or extend any valid temporary license marked under subsection (6) of this section, for the period of the stay. If a deferred prosecution treatment plan is not recommended in the report made under RCW 10.05.050, or if treatment is rejected by the court, or if the person declines to accept an offered treatment plan, or if the person violates any condition imposed by the court, then the court shall immediately direct the department to cancel the stay and any temporary marked license or extension of a temporary license issued under this subsection.

             A suspension, revocation, or denial imposed under this section, other than as a result of a breath test refusal, shall be stayed if the person is accepted for deferred prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is based. If the deferred prosecution is terminated, the stay shall be lifted and the suspension, revocation, or denial reinstated. If the deferred prosecution is completed, the stay shall be lifted and the suspension, revocation, or denial canceled.

             (11) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, revoked, or denied, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license.


             Sec. 2. RCW 46.20.3101 and 1995 c 332 s 3 are each amended to read as follows:

             Pursuant to RCW 46.20.308, the department shall suspend, revoke, or deny the arrested person's license, permit, or privilege to drive as follows:

             (1) In the case of a person who has refused a test or tests:

             (a) For a first refusal within five years, where there has not been a previous incident within five years that resulted in administrative action under this section, revocation or denial for one year;

             (b) For a second or subsequent refusal within five years, or for a first refusal where there has been one or more previous incidents within five years that have resulted in administrative action under this section, revocation or denial for two years or until the person reaches age twenty-one, whichever is longer. A revocation imposed under this subsection (1)(b) shall run consecutively to the period of any suspension, revocation, or denial imposed pursuant to a criminal conviction arising out of the same incident.

             (2) In the case of an incident where a person has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was ((0.10)) 0.08 or more:

             (a) For a first incident within five years, where there has not been a previous incident within five years that resulted in administrative action under this section, placement in probationary status as provided in RCW 46.20.355;

             (b) For a second or subsequent incident within five years, revocation or denial for two years.

             (3) In the case of an incident where a person under age twenty-one has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was ((0.02 or more)) in violation of RCW 46.61.502, 46.61.503, or 46.61.504:

             (a) For a first incident within five years, suspension or denial for ninety days;

             (b) For a second or subsequent incident within five years, revocation or denial for one year or until the person reaches age twenty-one, whichever is longer.


             Sec. 3. RCW 46.61.502 and 1994 c 275 s 2 are each amended to read as follows:

             (1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:

             (a) And the person has, within two hours after driving, an alcohol concentration of ((0.10)) 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or

             (b) While the person is under the influence of or affected by intoxicating liquor or any drug; or

             (c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.

             (2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.

             (3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be ((0.10)) 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.

             (4) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of ((0.10)) 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(b) or (c) of this section.

             (5) A violation of this section is a gross misdemeanor.


             Sec. 4. RCW 46.61.503 and 1995 c 332 s 2 are each amended to read as follows:

             (1) Notwithstanding any other provision of this title, a person is guilty of driving a motor vehicle after consuming alcohol if the person operates a motor vehicle within this state and the person:

             (a) Is under the age of twenty-one;

             (b) Has, within two hours after operating the motor vehicle, an alcohol concentration of ((0.02 or more)) at least 0.02 but less than the concentration specified in RCW 46.61.502, as shown by analysis of the person's breath or blood made under RCW 46.61.506.

             (2) It is an affirmative defense to a violation of subsection (1) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be ((0.02 or more)) in violation of subsection (1) of this section within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the earlier of: (a) Seven days prior to trial; or (b) the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.

             (3) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration ((of 0.02 or more)) in violation of subsection (1) of this section.

             (4) A violation of this section is a misdemeanor.


             Sec. 5. RCW 46.61.504 and 1994 c 275 s 3 are each amended to read as follows:

             (1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:

             (a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of ((0.10)) 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or

             (b) While the person is under the influence of or affected by intoxicating liquor or any drug; or

             (c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.

             (2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state does not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.

             (3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be ((0.10)) 0.08 or more within two hours after being in such control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.

             (4) Analyses of blood or breath samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in such control, a person had an alcohol concentration of ((0.10)) 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(b) or (c) of this section.

             (5) A violation of this section is a gross misdemeanor.


             Sec. 6. RCW 46.61.506 and 1995 c 332 s 18 are each amended to read as follows:

             (1) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug, if the person's alcohol concentration is less than ((0.10)) 0.08, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or any drug.

             (2) The breath analysis shall be based upon grams of alcohol per two hundred ten liters of breath. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug.

             (3) Analysis of the person's blood or breath to be considered valid under the provisions of this section or RCW 46.61.502 or 46.61.504 shall have been performed according to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state toxicologist.

             (4) When a blood test is administered under the provisions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcoholic or drug content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens.

             (5) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer one or more tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.

             (6) Upon the request of the person who shall submit to a test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or her or his or her attorney.


             Sec. 7. RCW 88.12.025 and 1993 c 244 s 8 are each amended to read as follows:

             (1) It shall be unlawful for any person to operate a vessel in a reckless manner.

             (2) It shall be a violation for a person to operate a vessel while under the influence of intoxicating liquor or any drug. A person is considered to be under the influence of intoxicating liquor or any drug if:

             (a) The person has ((0.10)) 0.08 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath made under RCW 46.61.506; or

             (b) The person has ((0.10)) 0.08 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's blood made under RCW 46.61.506; or

             (c) The person is under the influence of or affected by intoxicating liquor or any drug; or

             (d) The person is under the combined influence of or affected by intoxicating liquor and any drug.

             The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section. A person cited under this subsection may upon request be given a breath test for breath alcohol or may request to have a blood sample taken for blood alcohol analysis. An arresting officer shall administer field sobriety tests when circumstances permit.

             (3) A violation of this section is a misdemeanor, punishable as provided under RCW 9.92.030. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense.


             NEW SECTION. Sec. 8. If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the office of financial management.


             NEW SECTION. Sec. 9. This act takes effect January 1, 1999."


             Correct the title.

 

Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz and Robertson.

 

MINORITY recommendation: Do not pass. Signed by Representatives Constantine, Assistant Ranking Minority Member; Mulliken and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Carrell, Cody, Kenney, Lambert, Lantz and Robertson.

             Voting Nay: Representatives Constantine, Mulliken and Sherstad.


             Referred to Committee on Appropriations.


February 26, 1998

SSB 6258          Prime Sponsor, Senate Committee on Law & Justice: Making technical corrections to the Revised Code of Washington. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.


             Passed to Rules Committee for second reading.


February 27, 1998

2SSB 6264        Prime Sponsor, Senate Committee on Ways & Means: Providing for the mass marking of chinook salmon. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that mass marking of hatchery-raised salmon is an effective tool for implementing selective salmon fisheries in this state. Mass marking of coho salmon is currently underway and holds great promise for maintaining both recreational and commercial fishing opportunities while protecting wild stocks. In view of the anticipated listing of Puget Sound chinook salmon as endangered under the federal endangered species act, the legislature finds that it is essential to expeditiously proceed with implementing a mass marking program for chinook salmon in Puget Sound and elsewhere in the state.

             Through a cooperative effort by state and federal agencies and private enterprise, appropriate technologies have been developed for marking chinook salmon. It is the intent of the legislature to use these newly developed tools to implement chinook salmon mass marking beginning in April 1999.


             Sec. 2. RCW 75.08.510 and 1995 c 372 s 2 are each amended to read as follows:

             The department shall mark appropriate coho salmon that are released from department operated hatcheries and rearing ponds in such a manner that the fish are externally recognizable as hatchery origin salmon by fishers for the purpose of maximized catch while sustaining wild and hatchery reproduction.

             The department shall mark all appropriate chinook salmon targeted for contribution to the Washington catch that are released from department operated hatcheries and rearing ponds in such a manner that the fish are externally recognizable as hatchery origin salmon by fishers.

             The goal of the marking program is: (1) The annual marking by June 30, 1997, of all appropriate hatchery origin ((chinook and)) coho salmon produced by the department with marking to begin with the 1994 Puget Sound coho brood; and (2) the annual marking by June 30, 1999, of all appropriate hatchery origin chinook salmon produced by the department with marking to begin with the 1998 chinook brood. The department may experiment with different methods for marking hatchery salmon with the primary objective of maximum survival of hatchery marked fish, maximum contribution to fisheries, and minimum cost consistent with the other goals.

             The department shall coordinate with other entities that are producing hatchery chinook and coho salmon for release into public waters to enable the broadest application of the marking program to all hatchery produced chinook and coho salmon. The department shall work with the treaty Indian tribes in order to reach mutual agreement on the implementation of the mass marking program. The department shall report to the appropriate legislative committees by January 1, 1999, on the progress made in reaching mutual agreement with the treaty Indian tribes and any Pacific coast state or province to achieve the goal of coast-wide marking of chinook and coho salmon. The ultimate goal of the program is the coast-wide marking of appropriate hatchery origin chinook and coho salmon, and the protection of all wild chinook and coho salmon, where appropriate."

 

Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.


             Voting Yea: Representatives Buck, Sump, Regala, Butler, Alexander, Anderson, Chandler, Eickmeyer, Hatfield, and Pennington.

             Excused: Representative Thompson.


             Referred to Committee on Appropriations.


February 26, 1998

SB 6272            Prime Sponsor, Senator Long: Authorizing Snohomish county to create one additional district court position. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.

             Excused: Representative Cody.


             Passed to Rules Committee for second reading.


February 26, 1998

ESSB 6290       Prime Sponsor, Senate Committee on Law & Justice: Providing for parental notification for abortions. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Carrell; Lambert; Mulliken; Robertson and Sherstad.

 

MINORITY recommendation: Do not pass. Signed by Representatives Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Cody; Kenney and Lantz.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Carrell, Lambert, Mulliken, Robertson and Sherstad.

             Voting Nay: Representatives Costa, Constantine, Cody, Kenney and Lantz.


             Passed to Rules Committee for second reading.


February 27, 1998

E2SSB 6293     Prime Sponsor, Senate Committee on Transportation: Establishing penalties for drunk driving. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 46.61.5055 and 1997 c 229 s 11 and 1997 c 66 s 14 are each reenacted and amended to read as follows:

             (1) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within five years shall be punished as follows:

             (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than one day nor more than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(a)(i), the court may order not less than fifteen days of electronic home monitoring. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and

             (ii) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ninety days. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege; or

             (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than two days nor more than one year. Two consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(b)(i), the court may order not less than thirty days of electronic home monitoring. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and

             (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one year. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege.

             (2) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within five years shall be punished as follows:

             (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than thirty days nor more than one year((. Thirty days of the imprisonment)) and sixty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Thirty days of imprisonment and sixty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of two years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

             (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than forty-five days nor more than one year((. Forty-five days of the imprisonment)) and ninety days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Forty-five days of imprisonment and ninety days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of nine hundred days. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

             (3) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or more prior offenses within five years shall be punished as follows:

             (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than ninety days nor more than one year((. Ninety days of the imprisonment)) and one hundred twenty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Ninety days of imprisonment and one hundred twenty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than one thousand dollars nor more than five thousand dollars. One thousand dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of three years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

             (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than one hundred twenty days nor more than one year((. One hundred twenty days of the imprisonment)) and one hundred fifty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. One hundred twenty days of imprisonment and one hundred fifty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of four years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

             (4) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.

             (5) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.

             (6) After expiration of any period of suspension or revocation of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355.

             (7)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock or other biological or technical device on the probationer's motor vehicle, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.

             (b) For each violation of mandatory conditions of probation under (a)(i) and (ii) or (a)(i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.

             (c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.

             (8) For purposes of this section:

             (a) "Electronic home monitoring" shall not be considered confinement as defined in RCW 9.94A.030;

             (b) A "prior offense" means any of the following:

             (i) A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;

             (ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;

             (iii) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;

             (iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;

             (v) A conviction for a violation of RCW 46.61.5249 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;

             (vi) An out-of-state conviction for a violation that would have been a violation of (((a))) (b)(i), (ii), (iii), (iv), or (v) of this subsection if committed in this state;

             (vii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance; or

             (viii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.5249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522((.)); and

             (((b))) (c) "Within five years" means that the arrest for a prior offense occurred within five years of the arrest for the current offense.


             NEW SECTION. Sec. 2. A new section is added to chapter 46.61 RCW to read as follows:

             (1) A defendant who is arrested for an offense involving driving while under the influence as defined in RCW 46.61.502, driving under age twenty-one after consuming alcohol as defined in RCW 46.61.503, or being in physical control of a vehicle while under the influence as defined in RCW 46.61.504, shall be required to appear in person before a magistrate within one judicial day after the arrest.

             (2) A defendant who is charged by citation, complaint, or information with an offense involving driving while under the influence as defined in RCW 46.61.502, driving under age twenty-one after consuming alcohol as defined in RCW 46.61.503, or being in physical control of a vehicle while under the influence as defined in RCW 46.61.504, and who is not arrested, shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.

             (3) At the time of an appearance required by this section, the court shall determine the necessity of imposing conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment.

             (4) Appearances required by this section are mandatory and may not be waived.


             NEW SECTION. Sec. 3. This act takes effect November 1, 1998."


             Correct the title.

 

Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.


             Referred to Committee on Appropriations.


February 26, 1998

SSB 6297          Prime Sponsor, Senate Committee on Ways & Means: Revising the formula for local public health financing in a county where a city annexed territory with fifty thousand residents or more in 1996 or 1997. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.


             Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6299            Prime Sponsor, Senator Johnson: Identifying where actions for unlawful issuance of a check or draft may be brought. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6301            Prime Sponsor, Senator Schow: Regulating franchise agreements between motor vehicle manufacturers and dealers. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


             On page 2, after line 12, insert the following:


             "Sec. 2. RCW 19.118.021 and 1995 c 254 s 1 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Board" means new motor vehicle arbitration board.

             (2) "Collateral charges" means any sales or lease related charges including but not limited to sales tax, use tax, arbitration service fees, unused license fees, unused registration fees, unused title fees, finance charges, prepayment penalties, credit disability and credit life insurance costs not otherwise refundable, any other insurance costs prorated for time out of service, transportation charges, dealer preparation charges, or any other charges for service contracts, undercoating, rustproofing, or factory or dealer installed options.

             (3) "Condition" means a general problem that results from a defect or malfunction of one or more parts, or their improper installation by the manufacturer, its agents, or the new motor vehicle dealer.

             (4) "Consumer" means any person who has entered into an agreement or contract for the transfer, lease, or purchase of a new motor vehicle, other than for purposes of resale or sublease, during the duration of the warranty period defined under this section.

             (5) "Court" means the superior court in the county where the consumer resides, except if the consumer does not reside in this state, then the superior court in the county where an arbitration hearing or determination was conducted or made pursuant to this chapter.

             (6) "Incidental costs" means any reasonable expenses incurred by the consumer in connection with the repair of the new motor vehicle, including any towing charges and the costs of obtaining alternative transportation.

             (7) "Manufacturer" means any person engaged in the business of constructing or assembling new motor vehicles or engaged in the business of importing new motor vehicles into the United States for the purpose of selling or distributing new motor vehicles to new motor vehicle dealers. "Manufacturer" does not include any person engaged in the business of set-up of motorcycles as an agent of a new motor vehicle dealer if the person does not otherwise construct or assemble motorcycles.

             (8) "Motorcycle" means any motorcycle as defined in RCW 46.04.330 which has an engine displacement of at least seven hundred fifty cubic centimeters.

             (9) "Motor home" means a vehicular unit designed to provide temporary living quarters for recreational, camping, or travel use, built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle.

             (10) "Motor home manufacturer" means the first stage manufacturer, the component manufacturer, and the final stage manufacturer.

             (a) "First stage manufacturer" means a person who manufactures incomplete new motor vehicles such as chassis, chassis cabs, or vans, that are directly warranted by the first stage manufacturer to the consumer, and are completed by a final stage manufacturer into a motor home.

             (b) "Component manufacturer" means a person who manufactures components used in the manufacture or assembly of a chassis, chassis cab, or van that is completed into a motor home and whose components are directly warranted by the component manufacturer to the consumer.

             (c) "Final stage manufacturer" means a person who assembles, installs, or permanently affixes a body, cab, or equipment to an incomplete new motor vehicle such as a chassis, chassis cab, or van provided by a first stage manufacturer, to complete the vehicle into a motor home.

             (11) "New motor vehicle" means any new self-propelled vehicle, including a new motorcycle, primarily designed for the transportation of persons or property over the public highways that was originally purchased or leased at retail from a new motor vehicle dealer or leasing company in this state, and that was initially registered in this state or for which a temporary motor vehicle license was issued pursuant to RCW 46.16.460, but does not include vehicles purchased or leased by a business as part of a fleet of ten or more vehicles at one time or under a single purchase or lease agreement. If the motor vehicle is a motor home, this chapter shall apply to the self-propelled vehicle and chassis, but does not include those portions of the vehicle designated, used, or maintained primarily as a mobile dwelling, office, or commercial space. The term "new motor vehicle" does not include trucks with nineteen thousand pounds or more gross vehicle weight rating. The term "new motor vehicle" includes a demonstrator or lease-purchase vehicle as long as a manufacturer's warranty was issued as a condition of sale.

             (((10))) (12) "New motor vehicle dealer" means a person who holds a dealer agreement with a manufacturer for the sale of new motor vehicles, who is engaged in the business of purchasing, selling, servicing, exchanging, or dealing in new motor vehicles, and who is licensed or required to be licensed as a vehicle dealer by the state of Washington.

             (((11))) (13) "Nonconformity" means a defect, serious safety defect, or condition that substantially impairs the use, value, or safety of a new motor vehicle, but does not include a defect or condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle.

             (((12))) (14) "Purchase price" means the cash price of the new motor vehicle appearing in the sales agreement or contract.

             (a) "Purchase price" in the instance of a lease means the actual written capitalized cost disclosed to the consumer contained in the lease agreement. If there is no disclosed capitalized cost in the lease agreement the "purchase price" is the manufacturer's suggested retail price including manufacturer installed accessories or items of optional equipment displayed on the manufacturer label, required by 15 U.S.C. Sec. 1232.

             (b) "Purchase price" in the instance of both a vehicle purchase or lease agreement includes any allowance for a trade-in vehicle but does not include any manufacturer-to-consumer rebate appearing in the agreement or contract that the consumer received or that was applied to reduce the purchase or lease cost.

             Where the consumer is a subsequent transferee and the consumer selects repurchase of the motor vehicle, "purchase price" means the consumer's subsequent purchase price. Where the consumer is a subsequent transferee and the consumer selects replacement of the motor vehicle, "purchase price" means the original purchase price.

             (((13))) (15) "Reasonable offset for use" means the definition provided in RCW 19.118.041(1)(c) for a new motor vehicle other than a new motorcycle. The reasonable offset for use for a new motorcycle shall be computed by the number of miles that the vehicle traveled before the manufacturer's acceptance of the vehicle upon repurchase or replacement multiplied by the purchase price, and divided by twenty-five thousand.

             (((14))) (16) "Reasonable number of attempts" means the definition provided in RCW 19.118.041.

             (((15))) (17) "Replacement motor vehicle" means a new motor vehicle that is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of original purchase or lease, including any service contract, undercoating, rustproofing, and factory or dealer installed options.

             (((16))) (18) "Serious safety defect" means a life-threatening malfunction or nonconformity that impedes the consumer's ability to control or operate the new motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion.

             (((17))) (19) "Subsequent transferee" means a consumer who acquires a motor vehicle, within the warranty period, as defined in this section, with an applicable manufacturer's written warranty and where the vehicle otherwise met the definition of a new motor vehicle at the time of original retail sale or lease.

             (((18))) (20) "Substantially impair" means to render the new motor vehicle unreliable, or unsafe for ordinary use, or to diminish the resale value of the new motor vehicle below the average resale value for comparable motor vehicles.

             (((19))) (21) "Warranty" means any implied warranty, any written warranty of the manufacturer, or any affirmation of fact or promise made by the manufacturer in connection with the sale of a new motor vehicle that becomes part of the basis of the bargain. The term "warranty" pertains to the obligations of the manufacturer in relation to materials, workmanship, and fitness of a new motor vehicle for ordinary use or reasonably intended purposes throughout the duration of the warranty period as defined under this section.

             (((20))) (22) "Warranty period" means the period ending two years after the date of the original delivery to the consumer of a new motor vehicle, or the first twenty-four thousand miles of operation, whichever occurs first.


             Sec. 3. RCW 19.118.031 and 1995 c 254 s 2 are each amended to read as follows:

             (1) The manufacturer shall publish an owner's manual and provide it to the new motor vehicle dealer or leasing company. The owner's manual shall include a list of the addresses and phone numbers for the manufacturer's customer assistance division, or zone or regional offices. A manufacturer shall provide to the new motor vehicle dealer or leasing company all applicable manufacturer's written warranties. The dealer or leasing company shall transfer to the consumer, at the time of original retail sale or lease, the owner's manual and applicable written warranties as provided by a manufacturer.

             (2) At the time of purchase, the new motor vehicle dealer shall provide the consumer with a written statement that explains the consumer's rights under this chapter. The written statement shall be prepared and supplied by the attorney general and shall contain a toll-free number that the consumer can contact for information regarding the procedures and remedies under this chapter.

             (3) For the purposes of this chapter, if a new motor vehicle does not conform to the warranty and the consumer reports the nonconformity during the term of the warranty period or the period of coverage of the applicable manufacturer's written warranty, whichever is less, to the manufacturer, its agent, or the new motor vehicle dealer who sold the new motor vehicle, the manufacturer, its agent, or the new motor vehicle dealer shall make repairs as are necessary to conform the vehicle to the warranty, regardless of whether such repairs are made after the expiration of the warranty period. Any corrections or attempted repairs undertaken by a new motor vehicle dealer under this chapter shall be treated as warranty work and billed by the dealer to the manufacturer in the same manner as other work under the manufacturer's written warranty is billed. For purposes of this subsection, the manufacturer's written warranty shall be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first.

             (4) Upon request from the consumer, the manufacturer or new motor vehicle dealer shall provide a copy of any report or computer reading compiled by the manufacturer's field or zone representative regarding inspection, diagnosis, or test-drive of the consumer's new motor vehicle, or shall provide a copy of any technical service bulletin issued by the manufacturer regarding the year and model of the consumer's new motor vehicle as it pertains to any material, feature, component, or the performance thereof.

             (5) The new motor vehicle dealer shall provide to the consumer each time the consumer's vehicle is returned from being diagnosed or repaired under the warranty, a fully itemized, legible statement or repair order indicating any diagnosis made, and all work performed on the vehicle including but not limited to, a general description of the problem reported by the consumer or an identification of the defect or condition, parts and labor, the date and the odometer reading when the vehicle was submitted for repair, and the date when the vehicle was made available to the consumer.

             (6) No manufacturer, its agent, or the new motor vehicle dealer may refuse to diagnose or repair any nonconformity covered by the warranty for the purpose of avoiding liability under this chapter.

             (7) For purposes of this chapter, consumers shall have the rights and remedies, including a cause of action, against manufacturers as provided in this chapter.

             (8) The warranty period and thirty-day out-of-service period, and sixty-day out-of-service period in the case of a motor home, shall be extended by any time that repair services are not available to the consumer as a direct result of a strike, war, invasion, fire, flood, or other natural disaster.


             Sec. 4. RCW 19.118.041 and 1995 c 254 s 3 are each amended to read as follows:

             (1) If the manufacturer, its agent, or the new motor vehicle dealer is unable to conform the new motor vehicle to the warranty by repairing or correcting any nonconformity after a reasonable number of attempts, the manufacturer, within forty calendar days of a consumer's written request to the manufacturer's corporate, dispute resolution, zone, or regional office address shall, at the option of the consumer, replace or repurchase the new motor vehicle.

             (a) The replacement motor vehicle shall be identical or reasonably equivalent to the motor vehicle to be replaced as the motor vehicle to be replaced existed at the time of original purchase or lease, including any service contract, undercoating, rustproofing, and factory or dealer installed options. Where the manufacturer supplies a replacement motor vehicle, the manufacturer shall be responsible for sales tax, license, registration fees, and refund of any incidental costs. Compensation for a reasonable offset for use shall be paid by the consumer to the manufacturer in the event that the consumer accepts a replacement motor vehicle.

             (b) When repurchasing the new motor vehicle, the manufacturer shall refund to the consumer the purchase price, all collateral charges, and incidental costs, less a reasonable offset for use. When repurchasing the new motor vehicle, in the instance of a lease, the manufacturer shall refund to the consumer all payments made by the consumer under the lease including but not limited to all lease payments, trade-in value or inception payment, security deposit, all collateral charges and incidental costs less a reasonable offset for use. The manufacturer shall make such payment to the lessor and/or lienholder of record as necessary to obtain clear title to the motor vehicle and upon the lessor's and/or lienholder's receipt of that payment and payment by the consumer of any late payment charges, the consumer shall be relieved of any future obligation to the lessor and/or lienholder.

             (c) The reasonable offset for use shall be computed by multiplying the number of miles that the vehicle traveled directly attributable to use by the consumer times the purchase price, and dividing the product by one hundred twenty thousand, except in the case of a motor home, in which event it shall be divided by ninety thousand. However, the reasonable offset for use calculation total for a motor home is subject to modification by the board by decreasing or increasing the offset total up to a maximum of one-third of the offset total. The board may modify the offset total in those circumstances where the board determines that the wear and tear on those portions of the motor home designated, used, or maintained primarily as a mobile dwelling, office, or commercial space are significantly greater or significantly less than that which could be reasonably expected based on the mileage attributable to the consumer's use of the motor home. Where the consumer is a second or subsequent purchaser, lessee, or transferee of the motor vehicle and the consumer selects repurchase of the motor vehicle, "the number of miles that the vehicle traveled" shall be calculated from the date of purchase or lease by the consumer. Where the consumer is a second or subsequent purchaser, lessee, or transferee of the motor vehicle and the consumer selects replacement of the motor vehicle, "the number of miles that the vehicle traveled" shall be calculated from the original purchase, lease, or in-service date.

             (2) Reasonable number of attempts, except in the case of a new motor vehicle that is a motor home acquired after June 30, 1998, shall be deemed to have been undertaken by the manufacturer, its agent, or the new motor vehicle dealer to conform the new motor vehicle to the warranty within the warranty period, if: (a) The same serious safety defect has been subject to diagnosis or repair two or more times, at least one of which is during the period of coverage of the applicable manufacturer's written warranty, and the serious safety defect continues to exist; (b) the same nonconformity has been subject to diagnosis or repair four or more times, at least one of which is during the period of coverage of the applicable manufacturer's written warranty, and the nonconformity continues to exist; or (c) the vehicle is out-of-service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of thirty calendar days, at least fifteen of them during the period of the applicable manufacturer's written warranty. For purposes of this subsection, the manufacturer's written warranty shall be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first.

             (3)(a) In the case of a new motor vehicle that is a motor home acquired after June 30, 1998, a reasonable number of attempts shall be deemed to have been undertaken by the motor home manufacturers, their respective agents, or their respective new motor vehicle dealers to conform the new motor vehicle to the warranty within the warranty period, if: (i) The same serious safety defect has been subject to diagnosis or repair one or more times during the period of coverage of the applicable motor home manufacturer's written warranty, plus a final attempt to repair the vehicle as provided for in (b) of this subsection, and the serious safety defect continues to exist; (ii) the same nonconformity has been subject to repair three or more times, at least one of which is during the period of coverage of the applicable motor home manufacturer's written warranty, plus a final attempt to repair the vehicle as provided for in (b) of this subsection, and the nonconformity continues to exist; or (iii) the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of sixty calendar days aggregating all motor home manufacturer days out-of-service, and the motor home manufacturers have had at least one opportunity to coordinate and complete an inspection and any repairs of the vehicle's nonconformities after receipt of notification from the consumer as provided for in (c) of this subsection. For purposes of this subsection, each motor home manufacturer's written warranty must be at least one year after the date of the original delivery to the consumer of the vehicle or the first twelve thousand miles of operation, whichever occurs first.

             (b) In the case of a new motor vehicle that is a motor home, after one attempt has been made to repair a serious safety defect, or after three attempts have been made to repair the same nonconformity, the consumer shall give written notification of the need to repair the nonconformity to each of the motor home manufacturers at their respective corporate, zone, or regional office addresses to allow the motor home manufacturers to coordinate and complete a final attempt to cure the nonconformity. The motor home manufacturers each have fifteen days, commencing upon receipt of the notification, to respond and inform the consumer of the location of the facility where the vehicle will be repaired. If the vehicle is unsafe to drive due to a serious safety defect, or to the extent the repair facility is more than one hundred miles from the motor home location, the motor home manufacturers are responsible for the cost of transporting the vehicle to and from the repair facility. The motor home manufacturers have a cumulative total of thirty days, commencing upon delivery of the vehicle to the designated repair facility by the consumer, to conform the vehicle to the applicable motor home manufacturer's written warranty. This time period may be extended if the consumer agrees in writing. If a motor home manufacturer fails to respond to the consumer or perform the repairs within the time period prescribed, that motor home manufacturer is not entitled to a final attempt to cure the nonconformity.

             (c) In the case of a new motor vehicle that is a motor home, if the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities by the motor home manufacturers, their respective agents, or their respective new motor vehicle dealers for a cumulative total of thirty or more days aggregating all motor home manufacturer days out of service, the consumer shall so notify each motor home manufacturer in writing at their respective corporate, zone, or regional office addresses to allow the motor home manufacturers, their respective agents, or their respective new motor vehicle dealers an opportunity to coordinate and complete an inspection and any repairs of the vehicle's nonconformities. The motor home manufacturers have fifteen days, commencing upon receipt of the notification, to respond and inform the consumer of the location of the facility where the vehicle will be repaired. If the vehicle is unsafe to drive due to a serious safety defect, or to the extent the repair facility is more than one hundred miles from the motor home location, the motor home manufacturers are responsible for the cost of transporting the vehicle to and from the repair facility. Once the buyer delivers the vehicle to the designated repair facility, the inspection and repairs must be completed by the motor home manufacturers either (i) within ten days or (ii) before the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for sixty days, whichever time period is longer. This time period may be extended if the consumer agrees in writing. If a motor home manufacturer fails to respond to the consumer or perform the repairs within the time period prescribed, that motor home manufacturer is not entitled to at least one opportunity to inspect and repair the vehicle's nonconformities after receipt of notification from the buyer as provided for in this subsection (3)(c).

             (4) No new motor vehicle dealer may be held liable by the manufacturer for any collateral charges, incidental costs, purchase price refunds, or vehicle replacements. Manufacturers shall not have a cause of action against dealers under this chapter. Consumers shall not have a cause of action against dealers under this chapter, but a violation of any responsibilities imposed upon dealers under this chapter is a per se violation of chapter 19.86 RCW. Consumers may pursue rights and remedies against dealers under any other law, including chapters 46.70 and 46.71 RCW. Manufacturers and consumers may not make dealers parties to arbitration board proceedings under this chapter.


             Sec. 5. RCW 19.118.061 and 1995 c 254 s 4 are each amended to read as follows:

             (1) A manufacturer shall be prohibited from reselling any motor vehicle determined or adjudicated as having a serious safety defect unless the serious safety defect has been corrected and the manufacturer warrants upon the first subsequent resale that the defect has been corrected.

             (2) Before any sale or transfer of a vehicle that has been replaced or repurchased by the manufacturer that was determined or adjudicated as having a nonconformity or to have been out of service for thirty or more calendar days, or sixty or more calendar days in the case of a motor home, under this chapter, the manufacturer shall:

             (a) Notify the attorney general and the department of licensing, by certified mail or by personal service, upon receipt of the motor vehicle;

             (b) Attach a resale disclosure notice to the vehicle in a manner and form to be specified by the attorney general. Only the retail purchaser may remove the resale disclosure notice after execution of the disclosure form required under subsection (3) of this section; and

             (c) Notify the attorney general and the department of licensing if the nonconformity in the motor vehicle is corrected.

             (3) Upon the first subsequent resale, either at wholesale or retail, or transfer of title of a motor vehicle and which was previously returned after a final determination, adjudication, or settlement under this chapter or under a similar statute of any other state, the manufacturer, its agent, or the new motor vehicle dealer who has actual knowledge of said final determination, adjudication or settlement, shall execute and deliver to the buyer before sale an instrument in writing setting forth information identifying the nonconformity in a manner to be specified by the attorney general, and the department of licensing shall place on the certificate of title information indicating the vehicle was returned under this chapter.

             (4) Upon receipt of the manufacturer's notification under subsection (2) of this section that the nonconformity has been corrected and upon the manufacturer's request and payment of any fees, the department of licensing shall issue a new title with information indicating the vehicle was returned under this chapter and that the nonconformity has been corrected. Upon the first subsequent resale, either at wholesale or retail, or transfer of title of a motor vehicle, as provided under subsection (2)(c) of this section, the manufacturer shall warrant upon the resale that the nonconformity has been corrected, and the manufacturer, its agent, or the new motor vehicle dealer who has actual knowledge of the corrected nonconformity, shall execute and deliver to the buyer before sale an instrument in writing setting forth information identifying the nonconformity and indicating that it has been corrected in a manner to be specified by the attorney general.

             (5) After repurchase or replacement and following a manufacturer's receipt of a vehicle under this section and prior to a vehicle's first subsequent retail transfer by resale or lease, any intervening transferor of a vehicle subject to the requirements of this section who has received the disclosure, correction and warranty documents, as specified by the attorney general and required under this chapter, shall deliver the documents with the vehicle to the next transferor, purchaser or lessee to ensure proper and timely notice and disclosure. Any intervening transferor who fails to comply with this subsection shall, at the option of the subsequent transferor or first subsequent retail purchaser or lessee: (a) Indemnify ((and [any])) any subsequent transferor or first subsequent retail purchaser for all damages caused by such violation; or (b) repurchase the vehicle at the full purchase price including all fees, taxes and costs incurred for goods and services which were included in the subsequent transaction.


             Sec. 6. RCW 19.118.090 and 1995 c 254 s 6 are each amended to read as follows:

             (1) A consumer may request arbitration under this chapter by submitting the request to the attorney general. Within ten days after receipt of an arbitration request, the attorney general shall make a reasonable determination of the cause of the request for arbitration and provide necessary information to the consumer regarding the consumer's rights and remedies under this chapter. The attorney general shall assign the dispute to a board, except that if it clearly appears from the materials submitted by the consumer that the dispute is not eligible for arbitration, the attorney general may refuse to assign the dispute and shall explain any required procedures to the consumer.

             (2) Manufacturers shall submit to arbitration if such arbitration is requested by the consumer within thirty months from the date of the original delivery of the new motor vehicle to a consumer at retail and if the consumer's dispute is deemed eligible for arbitration by the board. In the case of a motor home, the thirty-month period will be extended by the amount of time it takes the motor home manufacturers to complete the final repair attempt at the designated repair facility as provided for in RCW 19.118.041(3)(b).

             (3) The new motor vehicle arbitration board may reject for arbitration any dispute that it determines to be frivolous, fraudulent, filed in bad faith, res judicata or beyond its authority. Any dispute deemed by the board to be ineligible for arbitration due to insufficient evidence may be reconsidered by the board upon the submission of other information or documents regarding the dispute that would allegedly qualify for relief under this chapter. Following a second review, the board may reject the dispute for arbitration if evidence is still clearly insufficient to qualify the dispute for relief under this chapter. A rejection by the board is subject to review by the attorney general or may be appealed under RCW 19.118.100.

             A decision to reject any dispute for arbitration shall be sent by certified mail to the consumer and the manufacturer, and shall contain a brief explanation as to the reason therefor.

             (4) The manufacturer shall complete a written manufacturer response to the consumer's request for arbitration. The manufacturer shall provide a response to the consumer and the board within ten calendar days from the date of the manufacturer's receipt of the board's notice of acceptance of a dispute for arbitration. The manufacturer response shall include all issues and affirmative defenses related to the nonconformities identified in the consumer's request for arbitration that the manufacturer intends to raise at the arbitration hearing.

             (5) The arbitration board shall award the remedies under RCW 19.118.041 if it finds a nonconformity and that a reasonable number of attempts have been undertaken to correct the nonconformity. The board shall award reasonable costs and attorneys' fees incurred by the consumer where the manufacturer has been directly represented by counsel: (a) In dealings with the consumer in response to a request to repurchase or replace under RCW 19.118.041; (b) in settlement negotiations; (c) in preparation of the manufacturer's statement; or (d) at an arbitration board hearing or other board proceeding.

             In the case of an arbitration involving a motor home, the board may allocate liability among the motor home manufacturers.

             (6) It is an affirmative defense to any claim under this chapter that: (a) The alleged nonconformity does not substantially impair the use, value, or safety of the new motor vehicle; or (b) the alleged nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the new motor vehicle.

             (7) The board shall have forty-five calendar days from the date the board receives the consumer's request for arbitration to hear the dispute. If the board determines that additional information is necessary, the board may continue the arbitration proceeding on a subsequent date within ten calendar days of the initial hearing. The board shall decide the dispute within sixty calendar days from the date the board receives the consumer's request for arbitration.

             The decision of the board shall be delivered by certified mail or personal service to the consumer and the manufacturer, and shall contain a written finding of whether the new motor vehicle meets the standards set forth under this chapter.

             (8) The consumer may accept the arbitration board decision or appeal to superior court, pursuant to RCW 19.118.100. Upon acceptance by the consumer, the arbitration board decision shall become final. The consumer shall send written notification of acceptance or rejection to the arbitration board within sixty days of receiving the decision and the arbitration board shall immediately deliver a copy of the consumer's acceptance to the manufacturer by certified mail, return receipt requested, or by personal service. Failure of the consumer to respond to the arbitration board within sixty calendar days of receiving the decision shall be considered a rejection of the decision by the consumer. The consumer shall have one hundred twenty calendar days from the date of rejection to file a petition of appeal in superior court. At the time the petition of appeal is filed, the consumer shall deliver, by certified mail or personal service, a conformed copy of such petition to the attorney general.

             (9) Upon receipt of the consumer's acceptance, the manufacturer shall have forty calendar days to comply with the arbitration board decision or thirty calendar days to file a petition of appeal in superior court. At the time the petition of appeal is filed, the manufacturer shall deliver, by certified mail or personal service, a conformed copy of such petition to the attorney general. If the attorney general receives no notice of petition of appeal after forty calendar days, the attorney general shall contact the consumer to verify compliance.


             NEW SECTION. Sec. 7. 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."


             Correct the title.

 

Signed by Representatives McMorris, Chairman; Honeyford, Vice Chairman; Conway, Ranking Minority Member; Wood, Assistant Ranking Minority Member; Boldt; Clements; Hatfield and Lisk.


             Voting Yea: Representatives McMorris, Honeyford, Conway, Wood, Boldt, Clements, Hatfield and Lisk.

             Excused: Representative Cole.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6306          Prime Sponsor, Senate Committee on Ways & Means: Creating the school employees' retirement system. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature recognizes that teachers and school district employees share the same educational work environment and academic calendar.

             It is the intent of the legislature to achieve similar retirement benefits for all educational employees by transferring the membership of classified school employees in the public employees' retirement system plan II to the Washington school employees' retirement system plan II. The transfer of membership to the Washington school employees' retirement system plan II is not intended to cause a diminution or expansion of benefits for affected members. It is enacted solely to provide public employees working under the same conditions with the same options for retirement planning.

             As members of the Washington school employees' retirement system plan II, classified employees will have the same opportunity to transfer to the Washington school employees' retirement system plan III as their certificated coworkers. The ability to transfer to the Washington school employees' retirement system plan III offers members a new public retirement system that balances flexibility with stability; provides increased employee control of investments and responsible protection of the public's investment in employee benefits; and encourages the pursuit of public sector careers without creating barriers to other public or private sector employment.


             NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise:

             (1) "Retirement system" means the Washington school employees' retirement system provided for in this chapter.

             (2) "Department" means the department of retirement systems created in chapter 41.50 RCW.

             (3) "State treasurer" means the treasurer of the state of Washington.

             (4) "Employer," for plan II and plan III members, means a school district or an educational service district.

             (5) "Member" means any employee included in the membership of the retirement system, as provided for in section 4 of this act.

             (6)(a) "Compensation earnable" for plan II and plan III members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States internal revenue code, but shall exclude nonmoney maintenance compensation and lump sum or other payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay.

             (b) "Compensation earnable" for plan II and plan III members also includes the following actual or imputed payments, which are not paid for personal services:

             (i) Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement, which are awarded or granted as the equivalent of the salary or wage which the individual would have earned during a payroll period shall be considered compensation earnable to the extent provided in this subsection, and the individual shall receive the equivalent service credit;

             (ii) In any year in which a member serves in the legislature, the member shall have the option of having such member's compensation earnable be the greater of:

             (A) The compensation earnable the member would have received had such member not served in the legislature; or

             (B) Such member's actual compensation earnable received for nonlegislative public employment and legislative service combined. Any additional contributions to the retirement system required because compensation earnable under (b)(ii)(A) of this subsection is greater than compensation earnable under this (b)(ii)(B) of this subsection shall be paid by the member for both member and employer contributions;

             (iii) Assault pay only as authorized by RCW 27.04.100, 72.01.045, and 72.09.240;

             (iv) Compensation that a member would have received but for a disability occurring in the line of duty only as authorized by RCW 41.40.038;

             (v) Compensation that a member receives due to participation in the leave sharing program only as authorized by RCW 41.04.650 through 41.04.670; and

             (vi) Compensation that a member receives for being in standby status. For the purposes of this section, a member is in standby status when not being paid for time actually worked and the employer requires the member to be prepared to report immediately for work, if the need arises, although the need may not arise.

             (7) "Service" for plan II and plan III members, means periods of employment by a member in an eligible position or positions for one or more employers for which compensation earnable is paid. Compensation earnable earned for ninety or more hours in any calendar month shall constitute one service credit month except as provided in section 19 of this act. Compensation earnable earned for at least seventy hours but less than ninety hours in any calendar month shall constitute one-half service credit month of service. Compensation earnable earned for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service. Time spent in standby status, whether compensated or not, is not service.

             Any fraction of a year of service shall be taken into account in the computation of such retirement allowance or benefits.

             (a) Service in any state elective position shall be deemed to be full-time service.

             (b) A member shall receive a total of not more than twelve service credit months of service for such calendar year. If an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service for ninety or more hours is rendered.

             (c) For purposes of plan II and III "forty-five days" as used in RCW 28A.400.300 is equal to two service credit months. Use of less than forty-five days of sick leave is creditable as allowed under this subsection as follows:

             (i) Less than eleven days equals one-quarter service credit month;

             (ii) Eleven or more days but less than twenty-two days equals one-half service credit month;

             (iii) Twenty-two days equals one service credit month;

             (iv) More than twenty-two days but less than thirty-three days equals one and one-quarter service credit month; and

             (v) Thirty-three or more days but less than forty-five days equals one and one-half service credit month.

             (8) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.

             (9) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.

             (10) "Membership service" means all service rendered as a member.

             (11) "Beneficiary" for plan II and plan III members means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.

             (12) "Regular interest" means such rate as the director may determine.

             (13) "Accumulated contributions" means the sum of all contributions standing to the credit of a member in the member's individual account, including any amount paid under RCW 41.50.165(2), together with the regular interest thereon.

             (14) "Average final compensation" for plan II and plan III members means the member's average compensation earnable of the highest consecutive sixty months of service credit months prior to such member's retirement, termination, or death. Periods constituting authorized leaves of absence may not be used in the calculation of average final compensation except under RCW 41.40.710(2).

             (15) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of employment.

             (16) "Annuity" means payments for life derived from accumulated contributions of a member. All annuities shall be paid in monthly installments.

             (17) "Pension" means payments for life derived from contributions made by the employer. All pensions shall be paid in monthly installments.

             (18) "Retirement allowance" for plan II and plan III members means monthly payments to a retiree or beneficiary as provided in this chapter.

             (19) "Employee" or "employed" means a person who is providing services for compensation to an employer, unless the person is free from the employer's direction and control over the performance of work. The department shall adopt rules and interpret this subsection consistent with common law.

             (20) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of such mortality and other tables as may be adopted by the director.

             (21) "Retirement" means withdrawal from active service with a retirement allowance as provided by this chapter.

             (22) "Eligible position" means any position that, as defined by the employer, normally requires five or more months of service a year for which regular compensation for at least seventy hours is earned by the occupant thereof. For purposes of this chapter an employer shall not define "position" in such a manner that an employee's monthly work for that employer is divided into more than one position.

             (23) "Ineligible position" means any position which does not conform with the requirements set forth in subsection (22) of this section.

             (24) "Leave of absence" means the period of time a member is authorized by the employer to be absent from service without being separated from membership.

             (25) "Totally incapacitated for duty" means total inability to perform the duties of a member's employment or office or any other work for which the member is qualified by training or experience.

             (26) "Retiree" means any person who has begun accruing a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer while a member.

             (27) "Director" means the director of the department.

             (28) "State elective position" means any position held by any person elected or appointed to state-wide office or elected or appointed as a member of the legislature.

             (29) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).

             (30) "Plan II" means the Washington school employees' retirement system plan II providing the benefits and funding provisions covering persons who first became members of the public employees' retirement system on and after October 1, 1977 and transferred to the Washington school employees' retirement system under section 113 of this act.

             (31) "Plan III" means the Washington school employees' retirement system plan III providing the benefits and funding provisions covering persons who first became members of the system on and after September 1, 2000, or who transfer from plan II under section 114 of this act.

             (32) "Index" means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor.

             (33) "Index A" means the index for the year prior to the determination of a postretirement adjustment.

             (34) "Index B" means the index for the year prior to index A.

             (35) "Adjustment ratio" means the value of index A divided by index B.

             (36) "Separation from service" occurs when a person has terminated all employment with an employer.

             (37) "Member account" or "member's account" for purposes of plan III means the sum of the contributions and earnings on behalf of the member in the defined contribution portion of plan III.

             (38) "Classified employee" means an employee of a school district or an educational service district who is not eligible for membership in the teachers' retirement system established under chapter 41.32 RCW.


             NEW SECTION. Sec. 3. A retirement system is hereby created for the employees of school districts or educational service districts. The administration and management of the retirement system, the responsibility for making effective the provisions of this chapter, and the authority to make all rules necessary therefor are hereby vested in the department. All such rules shall be governed by the provisions of chapter 34.05 RCW. This retirement system shall be known as the Washington school employees' retirement system.


             NEW SECTION. Sec. 4. Membership in the retirement system shall consist of all regularly compensated classified employees and appointive and elective officials of employers, as defined in this chapter, with the following exceptions:

             (1) Persons in ineligible positions;

             (2)(a) Persons holding elective offices or persons appointed directly by the governor: PROVIDED, That such persons shall have the option of applying for membership during such periods of employment: AND PROVIDED FURTHER, That any persons holding or who have held elective offices or persons appointed by the governor who are members in the retirement system and who have, prior to becoming such members, previously held an elective office, and did not at the start of such initial or successive terms of office exercise their option to become members, may apply for membership to be effective during such term or terms of office, and shall be allowed to establish the service credit applicable to such term or terms of office upon payment of the employee contributions therefor by the employee with interest as determined by the director and employer contributions therefor by the employer or employee with interest as determined by the director: AND PROVIDED FURTHER, That all contributions with interest submitted by the employee under this subsection shall be placed in the employee's individual account in the employee's savings fund and be treated as any other contribution made by the employee, with the exception that any contributions submitted by the employee in payment of the employer's obligation, together with the interest the director may apply to the employer's contribution, shall not be considered part of the member's annuity for any purpose except withdrawal of contributions;

             (b) A member holding elective office who has elected to apply for membership pursuant to (a) of this subsection and who later wishes to be eligible for a retirement allowance shall have the option of ending his or her membership in the retirement system. A member wishing to end his or her membership under this subsection must file on a form supplied by the department a statement indicating that the member agrees to irrevocably abandon any claim for service for future periods served as an elected official. A member who receives more than fifteen thousand dollars per year in compensation for his or her elective service, adjusted annually for inflation by the director, is not eligible for the option provided by this subsection (2)(b);

             (3) Retirement system retirees: PROVIDED, That following reemployment in an eligible position, a retiree may elect to prospectively become a member of the retirement system if otherwise eligible;

             (4) Persons enrolled in state-approved apprenticeship programs, authorized under chapter 49.04 RCW, and who are employed by employers to earn hours to complete such apprenticeship programs, if the employee is a member of a union-sponsored retirement plan and is making contributions to such a retirement plan or if the employee is a member of a Taft-Hartley retirement plan;

             (5) Persons rendering professional services to an employer on a fee, retainer, or contract basis or when the income from these services is less than fifty percent of the gross income received from the person's practice of a profession;

             (6) Employees who (a) are not citizens of the United States, (b) do not reside in the United States, and (c) perform duties outside of the United States;

             (7) Employees who (a) are not citizens of the United States, (b) are not covered by chapter 41.48 RCW, (c) are not excluded from membership under this chapter or chapter 41.04 RCW, (d) are residents of this state, and (e) make an irrevocable election to be excluded from membership, in writing, which is submitted to the director within thirty days after employment in an eligible position;

             (8) Employees who are citizens of the United States and who reside and perform duties for an employer outside of the United States: PROVIDED, That unless otherwise excluded under this chapter or chapter 41.04 RCW, the employee may apply for membership (a) within thirty days after employment in an eligible position and membership service credit shall be granted from the first day of membership service, and (b) after this thirty-day period, but membership service credit shall be granted only if payment is made for the noncredited membership service under RCW 41.50.165(2), otherwise service shall be from the date of application.


             NEW SECTION. Sec. 5. Any person who has been employed in a nonelective position for at least nine months and who has made member contributions required under this chapter throughout such period, shall be deemed to have been in an eligible position during such period of employment.


             NEW SECTION. Sec. 6. Within thirty days after his or her employment or his or her acceptance into membership each employee or appointive or elective official shall submit to the department a statement of his or her name and such other information as the department shall require. Compliance with the provisions set forth in this section shall be considered to be a condition of employment and failure by an employee to comply may result in separation from service.


             NEW SECTION. Sec. 7. (1)(a) If a retiree enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree's monthly retirement allowance will be reduced by five and one-half percent for every eight hours worked during that month. This reduction will be applied each month until the retiree remains absent from employment with an employer for one full calendar month.

             (b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred sixty hours per month. Any benefit reduction over one hundred percent will be applied to the benefit the retiree is eligible to receive in subsequent months.

             (2) A retiree who has satisfied the break in employment requirement of subsection (1) of this section, may work up to five months per calendar year in an eligible position without suspension of his or her benefit.

             (3) If the retiree opts to reestablish membership under section 4 of this act, he or she terminates his or her retirement status and becomes a member. Retirement benefits shall not accrue during the period of membership and the individual shall make contributions and receive membership credit. Such a member shall have the right to again retire if eligible in accordance with section 103 or 209 of this act. However, if the right to retire is exercised to become effective before the member has rendered two uninterrupted years of service, the retirement formula and survivor options the member had at the time of the member's previous retirement shall be reinstated.


             NEW SECTION. Sec. 8. Those members subject to this chapter who became disabled in the line of duty and who received or are receiving benefits under Title 51 RCW or a similar federal workers' compensation program shall receive or continue to receive service credit subject to the following:

             (1) No member may receive more than one month's service credit in a calendar month.

             (2) No service credit under this section may be allowed after a member separates or is separated without leave of absence.

             (3) Employer contributions shall be paid by the employer at the rate in effect for the period of the service credited.

             (4) Employee contributions shall be collected by the employer and paid to the department at the rate in effect for the period of service credited.

             (5) Contributions shall be based on the regular compensation which the member would have received had the disability not occurred. If contribution payments are made retroactively, interest shall be charged at the rate set by the director on both employee and employer contributions. No service credit shall be granted until the employee contribution has been paid.

             (6) The service and compensation credit shall not be granted for a period to exceed twelve consecutive months.

             (7) Should the legislature revoke the service credit authorized under this section or repeal this section, no affected employee is entitled to receive the credit as a matter of contractual right.


             NEW SECTION. Sec. 9. The deductions from the compensation of members, provided for in section 104 of this act, shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and provided for in this chapter and receipt in full for his or her salary or compensation, and payment, less the deductions, shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by the person during the period covered by the payment, except as to benefits provided for under this chapter.


             NEW SECTION. Sec. 10. (1) The director shall report to each employer the contribution rates required for the ensuing biennium or fiscal year, whichever is applicable.

             (2) Beginning September 1, 1990, the amount to be collected as the employer's contribution shall be computed by applying the applicable rates established in chapter 41.45 RCW to the total compensation earnable of employer's members as shown on the current payrolls of the employer. Each employer shall compute at the end of each month the amount due for that month and the same shall be paid as are its other obligations.

             (3) In the event of failure, for any reason, of an employer other than a political subdivision of the state to have remitted amounts due for membership service of any of the employer's members rendered during a prior biennium, the director shall bill such employer for such employer's contribution together with such charges as the director deems appropriate in accordance with RCW 41.50.120. Such billing shall be paid by the employer as, and the same shall be, a proper charge against any moneys available or appropriated to such employer for payment of current biennial payrolls.


             NEW SECTION. Sec. 11. (1) Subject to subsections (2) and (3) of this section, the right of a person to a pension, an annuity, or retirement allowance, any optional benefit, any other right accrued or accruing to any person under the provisions of this chapter, the various funds created by this chapter, and all moneys and investments and income thereof, are hereby exempt from any state, county, municipal, or other local tax, and shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or other process of law whatsoever, and shall be unassignable.

             (2) This section does not prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of premiums due on any group insurance policy or plan issued for the benefit of a group comprised of public employees of the state of Washington or its political subdivisions and which has been approved for deduction in accordance with rules that may be adopted by the state health care authority and/or the department. This section also does not prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of dues and other membership fees to any retirement association or organization the membership of which is composed of retired public employees, if a total of three hundred or more of such retired employees have authorized such deduction for payment to the same retirement association or organization.

             (3) Subsection (1) of this section does not prohibit the department from complying with (a) a wage assignment order for child support issued pursuant to chapter 26.18 RCW, (b) an order to withhold and deliver issued pursuant to chapter 74.20A RCW, (c) a notice of payroll deduction issued pursuant to RCW 26.23.060, (d) a mandatory benefits assignment order issued by the department, (e) a court order directing the department of retirement systems to pay benefits directly to an obligee under a dissolution order as defined in RCW 41.50.500(3) which fully complies with RCW 41.50.670 and 41.50.700, or (f) any administrative or court order expressly authorized by federal law.


             NEW SECTION. Sec. 12. A member shall not receive a disability retirement benefit under section 105 or 210 of this act if the disability is the result of criminal conduct by the member committed after April 21, 1997.


             NEW SECTION. Sec. 13. Any person who knowingly makes any false statements, or falsifies or permits to be falsified any record or records of this retirement system in any attempt to defraud the retirement system as a result of such act, is guilty of a gross misdemeanor.


             NEW SECTION. Sec. 14. (1) Any person who was a member of the state-wide city employees' retirement system governed by chapter 41.44 RCW and who was never reemployed by an employer as defined in RCW 41.40.010 and who is employed by an employer as defined in section 2 of this act, may, in a writing filed with the director, elect to:

             (a) Transfer to this retirement system all service currently credited under chapter 41.44 RCW;

             (b) Reestablish and transfer to this retirement system all service which was previously credited under chapter 41.44 RCW but which was canceled by discontinuance of service and withdrawal of accumulated contributions as provided in RCW 41.44.190. The service may be reestablished and transferred only upon payment by the member to the employees' savings fund of this retirement system of the amount withdrawn plus interest thereon from the date of withdrawal until the date of payment at a rate determined by the director. No additional payments are required for service credit described in this subsection if already established under this chapter; and

             (c) Establish service credit for the initial period of employment not to exceed six months, prior to establishing membership under chapter 41.44 RCW, upon payment in full by the member of the total employer's contribution to the benefit account fund of this retirement system that would have been made under this chapter when the initial service was rendered. The payment shall be based on the first month's compensation earnable as a member of the state-wide city employees' retirement system and as defined in RCW 41.44.030(13). However, a person who has established service credit under RCW 41.40.010(13) (c) or (d) shall not establish additional credit under this subsection nor may anyone who establishes credit under this subsection establish any additional credit under RCW 41.40.010(13) (c) or (d). No additional payments are required for service credit described in this subsection if already established under this chapter.

             (2) The written election must be filed and the payments must be completed in full within one year after employment by an employer.

             (3) Upon receipt of the written election and payments required by subsection (1) of this section from any retiree described in subsection (1) of this section, the department shall recompute the retiree's allowance in accordance with this section and shall pay any additional benefit resulting from such recomputation retroactively to the date of retirement from the system governed by this chapter.

             (4) Any person who was a member of the state-wide city employees' retirement system under chapter 41.44 RCW and also became a member of the public employees' retirement system established under chapter 41.40 RCW or the Washington school employees' retirement system established under this chapter, and did not make the election under RCW 41.40.058 or subsection (1) of this section because he or she was not a member of the public employees' retirement system prior to July 27, 1987, or did not meet the time limitations of RCW 41.40.058 or subsection (2) of this section, may elect to do any of the following:

             (a) Transfer to this retirement system all service currently credited under chapter 41.44 RCW;

             (b) Reestablish and transfer to this retirement system all service that was previously credited under chapter 41.44 RCW but was canceled by discontinuance of service and withdrawal of accumulated contributions as provided in RCW 41.44.190; and

             (c) Establish service credit for the initial period of employment not to exceed six months, prior to establishing membership under chapter 41.44 RCW.

             To make the election or elections, the person must pay the amount required under RCW 41.50.165(2) prior to retirement from this retirement system.


             NEW SECTION. Sec. 15. Any person aggrieved by any decision of the department affecting his or her legal rights, duties, or privileges must, before he or she appeals to the courts, file with the director by mail or personally within sixty days from the day the decision was communicated to the person, a notice for a hearing before the director's designee. The notice of hearing shall set forth in full detail the grounds upon which the person considers the decision unjust or unlawful and shall include every issue to be considered by the department, and it must contain a detailed statement of facts upon which the person relies in support of the appeal. These persons shall be deemed to have waived all objections or irregularities concerning the matter on which the appeal is taken, other than those specifically set forth in the notice of hearing or appearing in the records of the retirement system.


             NEW SECTION. Sec. 16. Following its receipt of a notice for hearing in accordance with section 15 of this act, a hearing shall be held by the director or a duly authorized representative, in the county of the residence of the claimant at a time and place designated by the director. Such hearing shall be conducted and governed in all respects by the provisions of chapter 34.05 RCW.


             NEW SECTION. Sec. 17. Judicial review of any final decision and order by the director is governed by the provisions of chapter 34.05 RCW.


             NEW SECTION. Sec. 18. No bond of any kind shall be required of a claimant appealing to the superior court, the court of appeals, or the supreme court from a finding of the department affecting the claimant's right to retirement or disability benefits.


             NEW SECTION. Sec. 19. (1) Except for any period prior to the member's employment in an eligible position, a plan II or plan III member who is employed by a school district or districts or an educational service district:

             (a) Shall receive a service credit month for each month of the period from September through August of the following year if he or she is employed in an eligible position, earns compensation earnable for eight hundred ten hours or more during that period, and is employed during nine months of that period;

             (b) If a member in an eligible position for each month of the period from September through August of the following year does not meet the hours requirements of (a) of this subsection, the member is entitled to one-half service credit month for each month of the period if he or she earns earnable compensation for at least six hundred thirty hours but less than eight hundred ten hours during that period, and is employed nine months of that period;

             (c) In all other instances, a member in an eligible position is entitled to service credit months as follows:

             (i) One service credit month for each month in which compensation is earned for ninety or more hours;

             (ii) One-half service credit month for each month in which compensation is earned for at least seventy hours but less than ninety hours; and

             (iii) One-quarter service credit month for each month in which compensation is earned for less than seventy hours.

             (2) The department shall adopt rules implementing this section.


             NEW SECTION. Sec. 20. RCW 43.01.044 shall not result in any increase in retirement benefits. The rights extended to state officers and employees under RCW 43.01.044 are not intended to and shall not have any effect on retirement benefits under this chapter.


             NEW SECTION. Sec. 21. (1) The annual compensation taken into account in calculating retiree benefits under this system shall not exceed the limits imposed by section 401(a)(17) of the federal internal revenue code for qualified trusts.

             (2) The department shall adopt rules as necessary to implement this section.


             NEW SECTION. Sec. 22. Beginning July 1, 1979, and every year thereafter, the department shall determine the following information for each retired member or beneficiary whose retirement allowance has been in effect for at least one year:

             (1) The original dollar amount of the retirement allowance;

             (2) The index for the calendar year prior to the effective date of the retirement allowance, to be known as "index A";

             (3) The index for the calendar year prior to the date of determination, to be known as "index B"; and

             (4) The ratio obtained when index B is divided by index A.

             The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied beginning with the July payment. In no event, however, shall the annual adjustment:

             (a) Produce a retirement allowance which is lower than the original retirement allowance;

             (b) Exceed three percent in the initial annual adjustment; or

             (c) Differ from the previous year's annual adjustment by more than three percent.

             For the purposes of this section, "index" means, for any calendar year, that year's average consumer price index--Seattle, Washington area for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor.


             NEW SECTION. Sec. 23. (1) Upon retirement for service as prescribed in section 103 or 209 of this act or retirement for disability under section 105 or 210 of this act, a member shall elect to have the retirement allowance paid pursuant to one of the following options, calculated so as to be actuarially equivalent to each other.

             (a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout such member's life. However, if the retiree dies before the total of the retirement allowance paid to such retiree equals the amount of such retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's death, then to the surviving spouse; or if there be neither such designated person or persons still living at the time of death nor a surviving spouse, then to the retiree's legal representative.

             (b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a person nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.

             (2)(a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a member is married and both the member and the member's spouse do not give written consent to an option under this section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection.

             (b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:

             (i) The department shall honor the designation as if made by the member under subsection (1) of this section; and

             (ii) The spousal consent provisions of (a) of this subsection do not apply.


             NEW SECTION. Sec. 24. (1) Except as provided in section 7 of this act, no retiree under the provisions of plan II shall be eligible to receive such retiree's monthly retirement allowance if he or she is employed in an eligible position as defined in section 2 of this act, RCW 41.40.010 or 41.32.010, or as a law enforcement officer or fire fighter as defined in RCW 41.26.030, except that a retiree who ends his or her membership in the retirement system pursuant to RCW 41.40.023(3)(b) is not subject to this section if the retiree's only employment is as an elective official.

             (2) If a retiree's benefits have been suspended under this section, his or her benefits shall be reinstated when the retiree terminates the employment that caused his or her benefits to be suspended. Upon reinstatement, the retiree's benefits shall be actuarially recomputed pursuant to the rules adopted by the department.

             (3) The department shall adopt rules implementing this section.


             NEW SECTION. Sec. 25. Sections 1 through 24 of this act apply to members of plan II and plan III.


             NEW SECTION. Sec. 101. A member of the retirement system shall receive a retirement allowance equal to two percent of such member's average final compensation for each service credit year of service.


             NEW SECTION. Sec. 102. (1) The director may pay a member eligible to receive a retirement allowance or the member's beneficiary, subject to the provisions of subsection (5) of this section, a lump sum payment in lieu of a monthly benefit if the initial monthly benefit computed in accordance with section 101 of this act would be less than fifty dollars. The lump sum payment shall be the greater of the actuarial equivalent of the monthly benefits or an amount equal to the individual's accumulated contributions plus accrued interest.

             (2) A retiree or a beneficiary, subject to the provisions of subsection (5) of this section, who is receiving a regular monthly benefit of less than fifty dollars may request, in writing, to convert from a monthly benefit to a lump sum payment. If the director approves the conversion, the calculation of the actuarial equivalent of the total estimated regular benefit will be computed based on the beneficiary's age at the time the benefit initially accrued. The lump sum payment will be reduced to reflect any payments received on or after the initial benefit accrual date.

             (3) Persons covered under the provisions of RCW 41.40.625 or subsection (1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director, within two years of returning to service or prior to reretiring, whichever comes first. In computing the amount due, the director shall exclude the accumulated value of the normal payments the member would have received while in beneficiary status if the lump sum payment had not occurred.

             (4) If a member fails to meet the time limitations under subsection (3) of this section, reinstatement of all previous service will occur if the member pays the amount required under RCW 41.50.165(2). The amount, however, shall exclude the accumulated value of the normal payments the member would have received while in beneficiary status if the lump sum payment had not occurred.

             (5) Only persons entitled to or receiving a service retirement allowance under section 101 of this act or an earned disability allowance under section 105 of this act qualify for participation under this section.

             (6) It is the intent of the legislature that any member who receives a settlement under this section shall be deemed to be retired from this system.


             NEW SECTION. Sec. 103. (1) NORMAL RETIREMENT. Any member with at least five service credit years who has attained at least age sixty-five shall be eligible to retire and to receive a retirement allowance computed according to the provisions of section 101 of this act.

             (2) EARLY RETIREMENT. Any member who has completed at least twenty service credit years and has attained age fifty-five shall be eligible to retire and to receive a retirement allowance computed according to the provisions of section 101 of this act, except that a member retiring pursuant to this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years between age at retirement and the attainment of age sixty-five.


             NEW SECTION. Sec. 104. The required contribution rates to the retirement system for both members and employers shall be established by the director from time to time as may be necessary upon the advice of the state actuary. The state actuary shall use the aggregate actuarial cost method to calculate contribution rates. The employer contribution rate calculated under this section shall be used only for the purpose of determining the amount of employer contributions to be deposited in the plan II fund from the total employer contributions collected under section 10 of this act.

             Contribution rates required to fund the costs of the retirement system shall always be equal for members and employers, except as herein provided. Any adjustments in contribution rates required from time to time for future costs shall likewise be shared equally by the members and employers.

             Any increase in the contribution rate required as the result of a failure of an employer to make any contribution required by this section shall be borne in full by the employer not making the contribution.

             The director shall notify all employers of any pending adjustment in the required contribution rate and such increase shall be announced at least thirty days prior to the effective date of the change.

             Members contributions required by this section shall be deducted from the members compensation earnable each payroll period. The members contribution and the employers contribution shall be remitted directly to the department within fifteen days following the end of the calendar month during which the payroll period ends.


             NEW SECTION. Sec. 105. (1) A member of the retirement system who becomes totally incapacitated for continued employment by an employer as determined by the department upon recommendation of the department shall be eligible to receive an allowance under the provisions of sections 101 through 112 of this act. The member shall receive a monthly disability allowance computed as provided for in section 101 of this act and shall have this allowance actuarially reduced to reflect the difference in the number of years between age at disability and the attainment of age sixty-five.

             Any member who receives an allowance under the provisions of this section shall be subject to comprehensive medical examinations as required by the department. If these medical examinations reveal that a member has recovered from the incapacitating disability and the member is offered reemployment by an employer at a comparable compensation, the member shall cease to be eligible for the allowance.

             (2) If the recipient of a monthly retirement allowance under this section dies before the total of the retirement allowance paid to the recipient equals the amount of the accumulated contributions at the date of retirement, then the balance shall be paid to the member's estate, or the person or persons, trust, or organization as the recipient has nominated by written designation duly executed and filed with the director, or, if there is no designated person or persons still living at the time of the recipient's death, then to the surviving spouse, or, if there is no designated person or persons still living at the time of his or her death nor a surviving spouse, then to his or her legal representative.


             NEW SECTION. Sec. 106. Any member or beneficiary eligible to receive a retirement allowance under the provisions of section 103, 105, or 107 of this act shall be eligible to commence receiving a retirement allowance after having filed written application with the department.

             (1) Retirement allowances paid to members under the provisions of section 103 of this act shall accrue from the first day of the calendar month immediately following such member's separation from employment.

             (2) Retirement allowances paid to vested members no longer in service, but qualifying for such an allowance pursuant to section 103 of this act, shall accrue from the first day of the calendar month immediately following such qualification.

             (3) Disability allowances paid to disabled members under the provisions of section 105 of this act shall accrue from the first day of the calendar month immediately following such member's separation from employment for disability.

             (4) Retirement allowances paid as death benefits under the provisions of section 107 of this act shall accrue from the first day of the calendar month immediately following the member's death.


             NEW SECTION. Sec. 107. (1) Except as provided in RCW 11.07.010, if a member or a vested member who has not completed at least ten years of service dies, the amount of the accumulated contributions standing to such member's credit in the retirement system at the time of such member's death, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid to the member's estate, or such person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department. If there be no such designated person or persons still living at the time of the member's death, such member's accumulated contributions standing to such member's credit in the retirement system, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving spouse, then to such member's legal representatives.

             (2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the surviving spouse or eligible child or children shall elect to receive either:

             (a) A retirement allowance computed as provided for in section 103 of this act, actuarially reduced by the amount of any lump sum benefit identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670 and actuarially adjusted to reflect a joint and one hundred percent survivor option under section 23 of this act and if the member was not eligible for normal retirement at the date of death a further reduction as described in section 103 of this act; if a surviving spouse who is receiving a retirement allowance dies leaving a child or children of the member under the age of majority, then such child or children shall continue to receive an allowance in an amount equal to that which was being received by the surviving spouse, share and share alike, until such child or children reach the age of majority; if there is no surviving spouse eligible to receive an allowance at the time of the member's death, such member's child or children under the age of majority shall receive an allowance, share and share alike, calculated as herein provided making the assumption that the ages of the spouse and member were equal at the time of the member's death; or

             (b) The member's accumulated contributions, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670.

             (3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies and is not survived by a spouse or an eligible child, then the accumulated contributions standing to the member's credit, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid:

             (a) To a person or persons, estate, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department; or

             (b) If there is no such designated person or persons still living at the time of the member's death, then to the member's legal representatives.


             NEW SECTION. Sec. 108. (1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit as provided for under the provisions of sections 101 through 112 of this act.

             (2) A member who receives compensation from an employer while on an authorized leave of absence to serve as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the compensation paid to the member during the period of absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member's leave of absence is authorized by a collective bargaining agreement that provides that the member retains seniority rights with the employer during the period of leave. The compensation earnable reported for a member who establishes service credit under this subsection may not be greater than the salary paid to the highest paid job class covered by the collective bargaining agreement.

             (3) Except as specified in subsection (4) of this section, a member shall be eligible to receive a maximum of two years service credit during a member's entire working career for those periods when a member is on an unpaid leave of absence authorized by an employer. Such credit may be obtained only if:

             (a) The member makes both the plan II employer and member contributions plus interest as determined by the department for the period of the authorized leave of absence within five years of resumption of service or prior to retirement whichever comes sooner; or

             (b) If not within five years of resumption of service but prior to retirement, pay the amount required under RCW 41.50.165(2).

             The contributions required under (a) of this subsection shall be based on the average of the member's compensation earnable at both the time the authorized leave of absence was granted and the time the member resumed employment.

             (4) A member who leaves the employ of an employer to enter the armed forces of the United States shall be entitled to retirement system service credit for up to five years of military service. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed services employment and reemployment rights act.

             (a) The member qualifies for service credit under this subsection if:

             (i) Within ninety days of the member's honorable discharge from the United States armed forces, the member applies for reemployment with the employer who employed the member immediately prior to the member entering the United States armed forces; and

             (ii) The member makes the employee contributions required under section 104 of this act within five years of resumption of service or prior to retirement, whichever comes sooner; or

             (iii) Prior to retirement and not within ninety days of the member's honorable discharge or five years of resumption of service the member pays the amount required under RCW 41.50.165(2).

             (b) Upon receipt of member contributions under (a)(ii) of this subsection, the department shall establish the member's service credit and shall bill the employer for its contribution required under section 104 of this act for the period of military service, plus interest as determined by the department.

             (c) The contributions required under (a)(ii) of this subsection shall be based on the compensation the member would have earned if not on leave, or if that cannot be estimated with reasonable certainty, the compensation reported for the member in the year prior to when the member went on military leave.


             NEW SECTION. Sec. 109. A member who separates or has separated after having completed at least five years of service may remain a member during the period of such member's absence from service for the exclusive purpose only of receiving a retirement allowance under the provisions of section 103 of this act if such member maintains the member's accumulated contributions intact.


             NEW SECTION. Sec. 110. A member who ceases to be an employee of an employer except by service or disability retirement may request a refund of the member's accumulated contributions. The refund shall be made within ninety days following the receipt of the request and notification of termination through the contribution reporting system by the employer; except that in the case of death, an initial payment shall be made within thirty days of receipt of request for such payment and notification of termination through the contribution reporting system by the employer. A member who files a request for refund and subsequently enters into employment with another employer prior to the refund being made shall not be eligible for a refund. The refund of accumulated contributions shall terminate all rights to benefits under sections 101 through 112 of this act.


             NEW SECTION. Sec. 111. (1) A member, who had left service and withdrawn the member's accumulated contributions, shall receive service credit for such prior service if the member restores all withdrawn accumulated contributions together with interest since the time of withdrawal as determined by the department.

             The restoration of such funds must be completed within five years of the resumption of service or prior to retirement, whichever occurs first.

             (2) If a member fails to meet the time limitations of subsection (1) of this section, the member may receive service credit destroyed by the withdrawn contributions if the amount required under RCW 41.50.165(2) is paid.


             NEW SECTION. Sec. 112. Sections 101 through 111 and 114 of this act apply only to plan II members.


             NEW SECTION. Sec. 113. A new section is added to chapter 41.40 RCW to read as follows:

             (1) Effective September 1, 2000, the membership of all plan II members currently employed in eligible positions in a school district or educational service district and all plan II service credit for such members, is transferred to the Washington school employees' retirement system plan II. Plan II members who have withdrawn their member contributions for prior plan II service may restore contributions and service credit to the Washington school employees' retirement system plan II as provided under RCW 41.40.740.

             (2) The membership and previous service credit of a plan II member not employed in an eligible position on September 1, 2000, will be transferred to the Washington school employees' retirement system plan II when he or she becomes employed in an eligible position. Plan II members not employed in an eligible position on September 1, 2000, who have withdrawn their member contributions for prior plan II service may restore contributions and service credit to the Washington school employees' retirement system plan II as provided under RCW 41.40.740.

             (3) Members who restore contributions and service credit under subsection (1) or (2) of this section shall have their contributions and service credit transferred to the Washington school employees' retirement system.


             NEW SECTION. Sec. 114. (1) Every plan II member employed by an employer in an eligible position has the option to make an irrevocable transfer to plan III.

             (2) All service credit in plan II shall be transferred to the defined benefit portion of plan III.

             (3) Any plan II member who wishes to transfer to plan III after February 28, 2001, may transfer during the month of January in any following year, provided that the member earns service credit for that month.

             (4) The accumulated contributions in plan II, less fifty percent of any contributions made pursuant to RCW 41.50.165(2) shall be transferred to the member's account in the defined contribution portion established in chapter 41.34 RCW, pursuant to procedures developed by the department and subject to RCW 41.34.090. Contributions made pursuant to RCW 41.50.165(2) that are not transferred to the member's account shall be transferred to the fund created in RCW 41.50.075(2), except that interest earned on all such contributions shall be transferred to the member's account.

             (5) The legislature reserves the right to discontinue the right to transfer under this section.

             (6) Anyone previously retired from plan II is prohibited from transferring to plan III.


             NEW SECTION. Sec. 201. (1) Sections 201 through 213 of this act apply only to plan III members.

             (2) Plan III consists of two separate elements: (a) A defined benefit portion covered under this subchapter; and (b) a defined contribution portion covered under chapter 41.34 RCW.

             (3) Unless otherwise specified, all references to "plan III" in this subchapter refer to the defined benefit portion of plan III.


             NEW SECTION. Sec. 202. All classified employees who first become employed by an employer in an eligible position on or after September 1, 2000, shall be members of plan III.


             NEW SECTION. Sec. 203. (1) A member of the retirement system shall receive a retirement allowance equal to one percent of such member's average final compensation for each service credit year.

             (2) The retirement allowance payable under section 209 of this act to a member who separates after having completed at least twenty service credit years shall be increased by twenty-five one-hundredths of one percent, compounded for each month from the date of separation to the date that the retirement allowance commences.


             NEW SECTION. Sec. 204. (1) Anyone who requests to transfer under section 114 of this act before March 1, 2001, and establishes service credit for January 2001, shall have their member account increased by sixty-five percent of:

             (a) The member's public employees' retirement system plan II accumulated contributions as of January 1, 2000, less fifty percent of any payments made pursuant to RCW 41.50.165(2); or

             (b) All amounts withdrawn after January 1, 2000, which are completely restored before March 1, 2001.

             (2) If a member who requests to transfer dies before January 1, 2001, the additional payment provided by this section shall be paid to the member's estate, or the person or persons, trust, or organization the member nominated by written designation duly executed and filed with the department.

             (3) The legislature reserves the right to modify or discontinue the right to an additional payment under this section for any plan II members who have not previously transferred to plan III.


             NEW SECTION. Sec. 205. Any member or beneficiary eligible to receive a retirement allowance under the provisions of section 209, 210, or 212 of this act is eligible to commence receiving a retirement allowance after having filed written application with the department.

             (1) Retirement allowances paid to members shall accrue from the first day of the calendar month immediately following such member's separation from employment.

             (2) Retirement allowances payable to eligible members no longer in service, but qualifying for such an allowance pursuant to section 15 of this act shall accrue from the first day of the calendar month immediately following such qualification.

             (3) Disability allowances paid to disabled members shall accrue from the first day of the calendar month immediately following such member's separation from employment for disability.

             (4) Retirement allowances paid as death benefits shall accrue from the first day of the calendar month immediately following the member's death.


             NEW SECTION. Sec. 206. (1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit.

             (2) A member who receives compensation from an employer while on an authorized leave of absence to serve as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the compensation paid to the member during the period of absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member's leave of absence is authorized by a collective bargaining agreement that provides that the member retains seniority rights with the employer during the period of leave. The earnable compensation reported for a member who establishes service credit under this subsection may not be greater than the salary paid to the highest paid job class covered by the collective bargaining agreement.

             (3) Except as specified in subsection (4) of this section, a member shall be eligible to receive a maximum of two years service credit during a member's entire working career for those periods when a member is on an unpaid leave of absence authorized by an employer. Such credit may be obtained only if:

             (a) The member makes the contribution on behalf of the employer, plus interest, as determined by the department; and

             (b) The member makes the employee contribution, plus interest, as determined by the department, to the defined contribution portion.

             The contributions required shall be based on the average of the member's earnable compensation at both the time the authorized leave of absence was granted and the time the member resumed employment.

             (4) A member who leaves the employ of an employer to enter the armed forces of the United States shall be entitled to retirement system service credit for up to five years of military service if within ninety days of the member's honorable discharge from the United States armed forces, the member applies for reemployment with the employer who employed the member immediately prior to the member entering the United States armed forces. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed services employment and reemployment rights act.

             The department shall establish the member's service credit and shall bill the employer for its contribution required under section 213 of this act for the period of military service, plus interest as determined by the department. Service credit under this subsection may be obtained only if the member makes the employee contribution to the defined contribution portion as determined by the department.

             The contributions required shall be based on the compensation the member would have earned if not on leave, or if that cannot be estimated with reasonable certainty, the compensation reported for the member in the year prior to when the member went on military leave.


             NEW SECTION. Sec. 207. (1) Contributions on behalf of the employer paid by the employee to purchase plan III service credit shall be allocated to the defined benefit portion of plan III and shall not be refundable when paid to the fund described in RCW 41.50.075(4). Contributions on behalf of the employee shall be allocated to the member account. If the member fails to meet the statutory time limitations to purchase plan III service credit, it may be purchased under the provisions of RCW 41.50.165(2). One-half of the purchase payments under RCW 41.50.165(2), plus interest, shall be allocated to the member's account.

             (2) No purchased plan III membership service will be credited until all payments required of the member are made, with interest. Upon receipt of all payments owed by the member, the department shall bill the employer for any contributions, plus interest, required to purchase membership service.


             NEW SECTION. Sec. 208. (1) The director may pay a member eligible to receive a retirement allowance or the member's beneficiary a lump sum payment in lieu of a monthly benefit if the initial monthly benefit would be less than one hundred dollars. The one hundred dollar limit shall be increased annually as determined by the director. The lump sum payment shall be the actuarial equivalent of the monthly benefit.

             (2) Persons covered under the provisions of subsection (1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director, within two years of returning to service or prior to retiring again, whichever comes first. In computing the amount due, the director shall exclude the accumulated value of the normal payments the member would have received while in beneficiary status if the lump sum payment had not occurred.

             (3) Any member who receives a settlement under this section is deemed to be retired from this system.


             NEW SECTION. Sec. 209. (1) NORMAL RETIREMENT. Any member who is at least age sixty-five and who has:

             (a) Completed ten service credit years; or

             (b) Completed five service credit years, including twelve service credit months after attaining age fifty-four; or

             (c) Completed five service credit years by September 1, 2000, under the public employees' retirement system plan II and who transferred to plan III under section 114 of this act;

shall be eligible to retire and to receive a retirement allowance computed according to the provisions of section 203 of this act.

             (2) EARLY RETIREMENT. Any member who has attained at least age fifty-five and has completed at least ten years of service shall be eligible to retire and to receive a retirement allowance computed according to the provisions of section 203 of this act, except that a member retiring pursuant to this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years between age at retirement and the attainment of age sixty-five.


             NEW SECTION. Sec. 210. (1) A member of the retirement system who becomes totally incapacitated for continued employment by an employer as determined by the department shall be eligible to receive an allowance under the provisions of plan III. The member shall receive a monthly disability allowance computed as provided for in section 203 of this act and shall have this allowance actuarially reduced to reflect the difference in the number of years between age at disability and the attainment of age sixty-five.

             Any member who receives an allowance under the provisions of this section shall be subject to comprehensive medical examinations as required by the department. If these medical examinations reveal that a member has recovered from the incapacitating disability and the member is offered reemployment by an employer at a comparable compensation, the member shall cease to be eligible for the allowance.

             (2) If the recipient of a monthly retirement allowance under this section dies, any further benefit payments shall be conditioned by the payment option selected by the retiree as provided in section 23 of this act.


             NEW SECTION. Sec. 211. (1) Any member who elects to transfer to plan III and has eligible unrestored withdrawn contributions in plan II, may restore such contributions under the provisions of section 113 of this act with interest as determined by the department. The restored plan II service credit will be automatically transferred to plan III. Restoration payments will be transferred to the member account in plan III. If the member fails to meet the time limitations of section 113 of this act, they may restore such contributions under the provisions of RCW 41.50.165(2). The restored plan II service credit will be automatically transferred to plan III. One-half of the restoration payments under RCW 41.50.165(2) plus interest shall be allocated to the member's account.

             (2) Any member who elects to transfer to plan III may purchase plan II service credit under section 113 of this act. Purchased plan II service credit will be automatically transferred to plan III. Contributions on behalf of the employer paid by the employee shall be allocated to the defined benefit portion of plan III and shall not be refundable when paid to the fund described in RCW 41.50.075(4). Contributions on behalf of the employee shall be allocated to the member account. If the member fails to meet the time limitations of section 113 of this act, they may subsequently restore such contributions under the provisions of RCW 41.50.165(2). Purchased plan II service credit will be automatically transferred to plan III. One-half of the payments under RCW 41.50.165(2), plus interest, shall be allocated to the member's account.


             NEW SECTION. Sec. 212. If a member dies prior to retirement, the surviving spouse or eligible child or children shall receive a retirement allowance computed as provided in section 203 of this act actuarially reduced to reflect a joint and one hundred percent survivor option and if the member was not eligible for normal retirement at the date of death a further reduction as described in section 209 of this act.

             If the surviving spouse who is receiving the retirement allowance dies leaving a child or children under the age of majority, then such child or children shall continue to receive an allowance in an amount equal to that which was being received by the surviving spouse, share and share alike, until such child or children reach the age of majority.

             If there is no surviving spouse eligible to receive an allowance at the time of the member's death, such member's child or children under the age of majority shall receive an allowance, share and share alike. The allowance shall be calculated with the assumption that the age of the spouse and member were equal at the time of the member's death.


             NEW SECTION. Sec. 213. The required contribution rates to the retirement system for employers shall be established by the director from time to time as may be necessary upon the advice of the state actuary. The state actuary shall use the aggregate actuarial cost method to calculate contribution rates. The employer contribution rate calculated under this section shall be used only for the purpose of determining the amount of employer contributions to be deposited in the plan II fund from the total employer contributions collected under section 10 of this act.

             Any increase in the contribution rate required as the result of a failure of an employer to make any contribution required by this section shall be borne in full by the employer not making the contribution.

             The director shall notify all employers of any pending adjustment in the required contribution rate and such increase shall be announced at least thirty days prior to the effective date of the change.

             The employer's contribution shall be remitted directly to the department within fifteen days following the end of the calendar month during which the payroll period ends.


             NEW SECTION. Sec. 214. Sections 1 through 25, 101 through 112, 114, and 201 through 213 of this act constitute a new chapter in Title 41 RCW.


             Sec. 301. RCW 41.34.020 and 1996 c 39 s 13 are each amended to read as follows:

             As used in this chapter, the following terms have the meanings indicated:

             (1) "Actuary" means the state actuary or the office of the state actuary.

             (2) "Board" means the employee retirement benefits board authorized in chapter 41.50 RCW.

             (3) "Department" means the department of retirement systems.

             (4)(a) "Compensation" for teachers for purposes of this chapter is the same as "earnable compensation" for plan III in chapter 41.32 RCW except that the compensation may be reported when paid, rather than when earned.

             (b) "Compensation" for classified employees for purposes of this chapter is the same as "compensation earnable" for plan III in section 2 of this act, except that the compensation may be reported when paid, rather than when earned.

             (5)(a) "Employer" for teachers for purposes of this chapter means the same as "employer" for plan III in chapter 41.32 RCW.

             (b) "Employer" for classified employees for purposes of this chapter means the same as "employer" for plan III in section 2 of this act.

             (6) "Member" means any employee included in the membership of a retirement system as provided for in chapter 41.32 RCW of plan III or chapter 41.-- RCW (sections 1 through 25, 101 through 112, 114, and 201 through 213 of this act) of plan III.

             (7) "Member account" or "member's account" means the sum of the contributions and earnings on behalf of the member.

             (8) "Retiree" means any member in receipt of an allowance or other benefit provided by this chapter resulting from service rendered to an employer by such member.

             (9) "Teacher" means a member of the teachers' retirement system plan III as defined in RCW 41.32.010(29).

             (10) "Classified employee" means a member of the school employees' retirement system plan III as defined in section 2 of this act.


             Sec. 302. RCW 41.34.030 and 1995 c 239 s 203 are each amended to read as follows:

             (1) This chapter applies only to members of plan III retirement systems created under chapters 41.32 and 41.-- (sections 1 through 25, 101 through 112, 114, and 201 through 213 of this act) RCW.

             (2) Plan III consists of two separate elements:

             (a) A defined benefit portion covered under:

             (i) Sections 101 through 117, chapter 239, Laws of 1995; or

             (ii) Sections 1 through 25 and 201 through 213 of this act; and

             (b) A defined contribution portion covered under this chapter. Unless specified otherwise, all references to "plan III" in this chapter refer to the defined contribution portion of plan III.


             Sec. 303. RCW 41.34.060 and 1996 c 39 s 15 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, the member's account shall be invested by the state investment board. ((All contributions under this subsection shall be invested)) In order to reduce transaction costs and address liquidity issues, based upon recommendations of the state investment board, the department may require members to provide up to ninety days' notice prior to moving funds from the state investment board portfolio to self-directed investment options provided under subsection (2) of this section.

             (a) For members of the retirement system as provided for in chapter 41.32 RCW of plan III, investment shall be in the same portfolio as that of the teachers' retirement system combined plan II and III fund under RCW 41.50.075(2).

             (b) For members of the retirement system as provided for in chapter 41.-- RCW (sections 1 through 25, 101 through 112, 114, and 201 through 213 of this act) of plan III, investment shall be in the same portfolio as that of the school employees' retirement system combined plan II and III fund under RCW 41.50.075(4).

             (2) Members may elect to self-direct their investments as ((authorized by the board, other than as provided in subsection (1) of this section. Expenses caused by self-directed investment shall be paid by the member in accordance with rules established by the board under RCW 41.50.088)) set forth in sections 307 and 707 of this act.


             Sec. 304. RCW 41.34.080 and 1995 c 239 s 208 are each amended to read as follows:

             (1) Subject to subsections (2) and (3) of this section, the right of a person to a pension, an annuity, a retirement allowance, any optional benefit, any other right accrued or accruing to any person under the provisions of this chapter, and the various funds created by chapter 239, Laws of 1995, and chapter . . ., Laws of 1998 (this act) and all moneys and investments and income thereof, is hereby exempt from any state, county, municipal, or other local tax, and shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or other process of law whatsoever, and shall be unassignable.

             (2) This section shall not be deemed to prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of premiums due on any group insurance policy or plan issued for the benefit of a group comprised of public employees of the state of Washington or its political subdivisions and that has been approved for deduction in accordance with rules that may be adopted by the state health care authority and/or the department. This section shall not be deemed to prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of dues and other membership fees to any retirement association or organization the membership of which is composed of retired public employees, if a total of three hundred or more of such retired employees have authorized such deduction for payment to the same retirement association or organization.

             (3) Subsection (1) of this section shall not prohibit the department from complying with (a) a wage assignment order for child support issued pursuant to chapter 26.18 RCW, (b) an order to withhold and deliver issued pursuant to chapter 74.20A RCW, (c) a notice of payroll deduction issued pursuant to RCW 26.23.060, (d) a mandatory benefits assignment order issued by the department, (e) a court order directing the department to pay benefits directly to an obligee under a dissolution order as defined in RCW 41.50.500(3) which fully complies with RCW 41.50.670 and 41.50.700, or (f) any administrative or court order expressly authorized by federal law.


             Sec. 305. RCW 41.34.100 and 1995 c 239 s 325 are each amended to read as follows:

             (1) The benefits provided pursuant to chapter 239, Laws of 1995 are not provided to employees as a matter of contractual right prior to July 1, 1996. The legislature retains the right to alter or abolish these benefits at any time prior to July 1, 1996.

             (2) The benefits provided pursuant to chapter . . ., Laws of 1998 (this act) are not provided to employees as a matter of contractual right prior to September 1, 2000. The legislature retains the right to alter or abolish these benefits at any time prior to September 1, 2000.


             NEW SECTION. Sec. 306. A new section is added to chapter 41.34 RCW to read as follows:

             All moneys in members' accounts, all property and rights purchased therewith, and all income attributable thereto, shall be held in trust by the state investment board, as set forth under RCW 43.33A.030, for the exclusive benefit of the members and their beneficiaries.


             NEW SECTION. Sec. 307. A new section is added to chapter 41.34 RCW to read as follows:

             (1) The state investment board has the full authority to invest all self-directed investment moneys in accordance with RCW 43.84.150 and 43.33A.140, and cumulative investment directions received pursuant to RCW 41.34.060 and this section. In carrying out this authority the state investment board, after consultation with the employee retirement benefits board regarding any recommendations made pursuant to RCW 41.50.088(2), shall provide a set of options for members to choose from for self-directed investment.

             (2) All investment and operating costs of the state investment board associated with making self-directed investments shall be paid by members and recovered under procedures agreed to by the board and the state investment board pursuant to the principles set forth in RCW 43.33A.160 and 43.84.160. All other expenses caused by self-directed investment shall be paid by the member in accordance with rules established by the board under RCW 41.50.088. With the exception of these expenses, all earnings from self-directed investments shall accrue to the member's account.

             (3) The department shall keep or cause to be kept full and adequate accounts and records of each individual member's account. The department shall account for and report on the investment of defined contribution assets or may enter into an agreement with the state investment board for such accounting and reporting under this chapter.


             NEW SECTION. Sec. 308. A new section is added to chapter 41.34 RCW to read as follows:

             (1) A state board or commission, agency, or any officer, employee, or member thereof is not liable for any loss or deficiency resulting from member defined contribution investments selected or required pursuant to RCW 41.34.060 (1) or (2).

             (2) Neither the board nor the state investment board, nor any officer, employee, or member thereof is liable for any loss or deficiency resulting from reasonable efforts to implement investment directions pursuant to RCW 41.34.060 (1) or (2).


             NEW SECTION. Sec. 309. (1) On July 1, 1998, and January 1, 2000, the member account of a person meeting the requirements of this section shall be credited by the extraordinary investment gain amount.

             (2) The following persons are eligible for the benefit provided in subsection (1) of this section:

             (a) Any member of the teachers' retirement system plan III who earned service credit during the twelve-month period from September 1st to August 31st immediately preceding the distribution and had a balance of at least one thousand dollars in their member account on August 31st of the year immediately preceding the distribution; or

             (b) Any person in receipt of a benefit pursuant to RCW 41.32.875; or

             (c) Any person who is a retiree pursuant to RCW 41.34.020(8) and who:

             (i) Completed ten service credit years; or

             (ii) Completed five service credit years, including twelve service months after attaining age fifty-four; or

             (iii) Completed five service credit years by July 1, 1996, under plan II and who transferred to plan III under RCW 41.32.817; or

             (d) Any person who had a balance of at least one thousand dollars in their member account on August 31st of the year immediately preceding the distribution and who:

             (i) Completed ten service credit years; or

             (ii) Completed five service credit years, including twelve service months after attaining age fifty-four; or

             (iii) Completed five service credit years by July 1, 1996, under plan II and who transferred to plan III under RCW 41.32.817.

             (3) The extraordinary investment gain amount shall be calculated as follows:

             (a) One-half of the sum of the value of the net assets held in trust for pension benefits in the public employees' retirement system plan II fund and the teachers' retirement system combined plan II and III fund at the close of the previous state fiscal year not including the amount attributable to member accounts;

             (b) Multiplied by the amount which the compound average of investment returns on those assets over the previous four state fiscal years exceeds ten percent;

             (c) Multiplied by the proportion of:

             (i) The sum of the service credit on August 31st of the previous year of all persons eligible for the benefit provided in subsection (1) of this section; to

             (ii) The sum of the service credit on August 31st of the previous year of:

             (A) All persons eligible for the benefit provided in subsection (1) of this section;

             (B) Any person who earned service credit in the teachers' retirement system plan II or the public employees' retirement system plan II during the twelve-month period from September 1st to August 31st immediately preceding the distribution;

             (C) Any person in receipt of a benefit pursuant to RCW 41.32.765 or 41.40.630; and

             (D) Any person with five or more years of service in the teachers' retirement system plan II or the public employees' retirement system plan II;

             (d) Divided proportionally among persons eligible for the benefit provided in subsection (1) of this section on the basis of their service credit total on August 31st of the previous year.

             (4) The distribution provided for in this section shall be made solely from assets included in the teachers' retirement system combined plan II and III fund.


             NEW SECTION. Sec. 310. Section 309 of this act is added to chapter 41.34 RCW, but because of its temporary nature, shall not be codified.


             NEW SECTION. Sec. 311. The definitions in this section apply throughout this chapter unless the context requires otherwise.

             (1) "Actuary" means the state actuary or the office of the state actuary.

             (2) "Department" means the department of retirement systems.

             (3) "Teacher" means any employee included in the membership of the teachers' retirement system as provided for in chapter 41.32 RCW.

             (4) "Member account" or "member's account" means the sum of any contributions as provided for in chapter 41.34 RCW and the earnings on behalf of the member.

             (5) "Classified employee" means the same as in section 2 of this act.


             NEW SECTION. Sec. 312. (1) On January 1, 2002, and on January 1st of even-numbered years thereafter, the member account of a person meeting the requirements of this section shall be credited by the extraordinary investment gain amount.

             (2) The following persons shall be eligible for the benefit provided in subsection (1) of this section:

             (a) Any member of the teachers' retirement system plan III or the Washington school employees' retirement system plan III who earned service credit during the twelve-month period from September 1st to August 31st immediately preceding the distribution and had a balance of at least one thousand dollars in their member account on August 31st of the year immediately preceding the distribution; or

             (b) Any person in receipt of a benefit pursuant to RCW 41.32.875 or section 209 of this act; or

             (c) Any person who is a retiree pursuant to RCW 41.34.020(8) and who:

             (i) Completed ten service credit years; or

             (ii) Completed five service credit years, including twelve service months after attaining age fifty-four; or

             (d) Any teacher who is a retiree pursuant to RCW 41.34.020(8) and who has completed five service credit years by July 1, 1996, under plan II and who transferred to plan III under RCW 41.32.817; or

             (e) Any classified employee who is a retiree pursuant to RCW 41.34.020(8) and who has completed five service credit years by September 1, 2000, and who transferred to plan III under section 114 of this act; or

             (f) Any person who had a balance of at least one thousand dollars in their member account on August 31st of the year immediately preceding the distribution and who:

             (i) Completed ten service credit years; or

             (ii) Completed five service credit years, including twelve service months after attaining age fifty-four; or

             (g) Any teacher who had a balance of at least one thousand dollars in their member account on August 31st of the year immediately preceding the distribution and who has completed five service credit years by July 1, 1996, under plan II and who transferred to plan III under RCW 41.32.817; or

             (h) Any classified employee who had a balance of at least one thousand dollars in their member account on August 31st of the year immediately preceding the distribution and who has completed five service credit years by September 1, 2000, and who transferred to plan III under section 114 of this act.

             (3) The extraordinary investment gain amount shall be calculated as follows:

             (a) One-half of the sum of the value of the net assets held in trust for pension benefits in the teachers' retirement system combined plan II and III fund and the Washington school employees' retirement system combined plan II and III fund at the close of the previous state fiscal year not including the amount attributable to member accounts;

             (b) Multiplied by the amount which the compound average of investment returns on those assets over the previous four state fiscal years exceeds ten percent;

             (c) Multiplied by the proportion of:

             (i) The sum of the service credit on August 31st of the previous year of all persons eligible for the benefit provided in subsection (1) of this section; to

             (ii) The sum of the service credit on August 31st of the previous year of:

             (A) All persons eligible for the benefit provided in subsection (1) of this section;

             (B) Any person who earned service credit in the teachers' retirement system plan II or the Washington school employees' retirement system plan II during the twelve-month period from September 1st to August 31st immediately preceding the distribution;

             (C) Any person in receipt of a benefit pursuant to RCW 41.32.765 or section 103 of this act; and

             (D) Any person with five or more years of service in the teachers' retirement system plan II or the Washington school employees' retirement system plan II;

             (d) Divided proportionally among persons eligible for the benefit provided in subsection (1) of this section on the basis of their service credit total on August 31st of the previous year.

             (4) The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has a contractual right to receive this distribution not granted prior to that time.


             NEW SECTION. Sec. 313. (1) On March 1, 2001, the member account of a person meeting the requirements of this section shall be credited by the 1998 retroactive extraordinary investment gain amount and the 2000 retroactive extraordinary investment gain amount.

             (2) The following persons shall be eligible for the benefits provided in subsection (1) of this section:

             (a) Any classified employee who earned service credit during the twelve-month period from September 1st to August 31st immediately preceding the distribution and who transferred to plan III under section 114 of this act; or

             (b) Any classified employee in receipt of a benefit pursuant to section 209 of this act and who has completed five service credit years by September 1, 2000, and who transferred to plan III under section 114 of this act; or

             (c) Any classified employee who is a retiree pursuant to RCW 41.34.020(8) and who has completed five service credit years by September 1, 2000, and who transferred to plan III under section 114 of this act; or

             (d) Any classified employee who has a balance of at least one thousand dollars in his or her member account and who has completed five service credit years by September 1, 2000, and who transferred to plan III under section 114 of this act.

             (3) The 1998 retroactive extraordinary investment gain amount shall be calculated as follows:

             (a) An amount equal to the average benefit per year of service paid to members of the teachers' retirement system plan III pursuant to section 309 of this act in 1998;

             (b) Distributed to persons eligible for the benefit provided in subsection (1) of this section on the basis of their service credit total on August 31, 1997.

             (4) The 2000 retroactive extraordinary investment gain amount shall be calculated as follows:

             (a) An amount equal to the average benefit per year of service paid to members of the teachers' retirement system plan III pursuant to section 309 of this act in 2000;

             (b) Distributed to persons eligible for the benefit provided in subsection (1) of this section on the basis of their service credit total on August 31, 1999.

             (5) The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has a contractual right to receive this distribution not granted prior to that time.


             NEW SECTION. Sec. 314. Sections 311 through 313 of this act constitute a new chapter in Title 41 RCW.


             Sec. 401. RCW 41.45.010 and 1995 c 239 s 305 are each amended to read as follows:

             It is the intent of the legislature to provide a dependable and systematic process for funding the benefits provided to members and retirees of the public employees' retirement system, chapter 41.40 RCW; the teachers' retirement system, chapter 41.32 RCW; the law enforcement officers' and fire fighters' retirement system, chapter 41.26 RCW; the school employees' retirement system, chapter 41.-- RCW (sections 1 through 25, 101 through 112, 114, and 201 through 213 of this act); and the Washington state patrol retirement system, chapter 43.43 RCW.

             The funding process established by this chapter is intended to achieve the following goals:

             (1) To continue to fully fund the public employees' retirement system plan II, the teachers' retirement system plans II and III, the school employees' retirement system plans II and III, and the law enforcement officers' and fire fighters' retirement system plan II as provided by law;

             (2) To fully amortize the total costs of the public employees' retirement system plan I, the teachers' retirement system plan I, and the law enforcement officers' and fire fighters' retirement system plan I not later than June 30, 2024;

             (3) To establish predictable long-term employer contribution rates which will remain a relatively constant proportion of the future state budgets; and

             (4) To fund, to the extent feasible, benefit increases for plan I members and all benefits for plan II and III members over the working lives of those members so that the cost of those benefits are paid by the taxpayers who receive the benefit of those members' service.


             Sec. 402. RCW 41.45.020 and 1995 c 239 s 306 are each amended to read as follows:

             As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

             (1) "Council" means the economic and revenue forecast council created in RCW 82.33.010.

             (2) "Department" means the department of retirement systems.

             (3) "Law enforcement officers' and fire fighters' retirement system plan I" and "law enforcement officers' and fire fighters' retirement system plan II" mean the benefits and funding provisions under chapter 41.26 RCW.

             (4) "Public employees' retirement system plan I" and "public employees' retirement system plan II" mean the benefits and funding provisions under chapter 41.40 RCW.

             (5) "Teachers' retirement system plan I," "teachers' retirement system plan II," and "teachers' retirement system plan III" mean the benefits and funding provisions under chapter 41.32 RCW.

             (6) "School employees' retirement system plan II" and "school employees' retirement system plan III" mean the benefits and funding provisions under chapter 41.-- RCW (sections 1 through 25, 101 through 112, 114, and 201 through 213 of this act).

             (7) "Washington state patrol retirement system" means the retirement benefits provided under chapter 43.43 RCW.

             (((7))) (8) "Unfunded liability" means the unfunded actuarial accrued liability of a retirement system.

             (((8))) (9) "Actuary" or "state actuary" means the state actuary employed under chapter 44.44 RCW.

             (((9))) (10) "State retirement systems" means the retirement systems listed in RCW 41.50.030.

             (11) "Classified employee" means a member of the Washington school employees' retirement system plan II or plan III as defined in section 2 of this act.

             (12) "Teacher" means a member of the teachers' retirement system as defined in RCW 41.32.010(15).


             Sec. 403. RCW 41.45.050 and 1995 c 239 s 308 are each amended to read as follows:

             (1) Employers of members of the public employees' retirement system, the teachers' retirement system, the school employees' retirement system, and the Washington state patrol retirement system shall make contributions to those systems based on the rates established in RCW 41.45.060 and 41.45.070.

             (2) The state shall make contributions to the law enforcement officers' and fire fighters' retirement system based on the rates established in RCW 41.45.060 and 41.45.070. The state treasurer shall transfer the required contributions each month on the basis of salary data provided by the department.

             (3) The department shall bill employers, and the state shall make contributions to the law enforcement officers' and fire fighters' retirement system, using the combined rates established in RCW 41.45.060 and 41.45.070 regardless of the level of pension funding provided in the biennial budget. Any member of an affected retirement system may, by mandamus or other appropriate proceeding, require the transfer and payment of funds as directed in this section.

             (4) The contributions received for the public employees' retirement system shall be allocated between the public employees' retirement system plan I fund and public employees' retirement system plan II fund as follows: The contributions necessary to fully fund the public employees' retirement system plan II employer contribution required by RCW 41.40.650 shall first be deposited in the public employees' retirement system plan II fund. All remaining public employees' retirement system employer contributions shall be deposited in the public employees' retirement system plan I fund.

             (5) The contributions received for the teachers' retirement system shall be allocated between the plan I fund and the combined plan II and plan III fund as follows: The contributions necessary to fully fund the combined plan II and plan III employer contribution shall first be deposited in the combined plan II and plan III fund. All remaining teachers' retirement system employer contributions shall be deposited in the plan I fund.

             (6) The contributions received for the school employees' retirement system shall be allocated between the public employees' retirement system plan I fund and the school employees' retirement system combined plan II and plan III fund as follows: The contributions necessary to fully fund the combined plan II and plan III employer contribution shall first be deposited in the combined plan II and plan III fund. All remaining school employees' retirement system employer contributions shall be deposited in the public employees' retirement system plan I fund.

             (7) The contributions received under RCW 41.26.450 for the law enforcement officers' and fire fighters' retirement system shall be allocated between the law enforcement officers' and fire fighters' retirement system plan I and the law enforcement officers' and fire fighters' retirement system plan II fund as follows: The contributions necessary to fully fund the law enforcement officers' and fire fighters' retirement system plan II employer contributions shall be first deposited in the law enforcement officers' and fire fighters' retirement system plan II fund. All remaining law enforcement officers' and fire fighters' retirement system employer contributions shall be deposited in the law enforcement officers' and fire fighters' retirement system plan I fund.


             Sec. 404. RCW 41.45.060 and 1995 c 239 s 309 are each amended to read as follows:

             (1) The state actuary shall provide actuarial valuation results based on the assumptions adopted under RCW 41.45.030.

             (2) Not later than September 30, 1996, and every two years thereafter, consistent with the assumptions adopted under RCW 41.45.030, the council shall adopt both:

             (a) A basic state contribution rate for the law enforcement officers' and fire fighters' retirement system; ((and))

             (b) Basic employer contribution rates for the public employees' retirement system plan I, the teachers' retirement system plan I, and the Washington state patrol retirement system to be used in the ensuing biennial period; and

             (c) A basic employer contribution rate for the school employees' retirement system for funding the public employees' retirement system plan I.

             (3) The employer and state contribution rates adopted by the council shall be the level percentages of pay that are needed:

             (a) To fully amortize the total costs of the public employees' retirement system plan I, the teachers' retirement system plan I, the law enforcement officers' and fire fighters' retirement system plan I, and the unfunded liability of the Washington state patrol retirement system not later than June 30, 2024; and

             (b) To also continue to fully fund the public employees' retirement system plan II, the teachers' retirement system plans II and III, the school employees' retirement system plans II and III, and the law enforcement officers' and fire fighters' retirement system plan II in accordance with RCW 41.40.650, 41.26.450, and this section.

             (4) The aggregate actuarial cost method shall be used to calculate a combined plan II and III employer contribution rate.

             (5) The council shall immediately notify the directors of the office of financial management and department of retirement systems of the state and employer contribution rates adopted.

             (6) The director of the department of retirement systems shall collect those rates adopted by the council.


             Sec. 405. RCW 41.45.061 and 1997 c 10 s 2 are each amended to read as follows:

             (1) The required contribution rate for members of the plan II teachers' retirement system shall be fixed at the rates in effect on July 1, 1996, subject to the following:

             (a) Beginning September 1, 1997, except as provided in (b) of this subsection, the employee contribution rate shall not exceed the employer plan II and III rates adopted under RCW 41.45.060 and 41.45.070 for the teachers' retirement system;

             (b) In addition, the employee contribution rate for plan II shall be increased by fifty percent of the contribution rate increase caused by any plan II benefit increase passed after July 1, 1996((.

             (2) The required plan II and III contribution rates for employers shall be adopted in the manner described in RCW 41.45.060));

             (c) In addition, the employee contribution rate for plan II shall not be increased as a result of any distributions pursuant to sections 309 and 312 of this act.

             (2) The required contribution rate for members of the school employees' retirement system plan II shall be fixed at the rates in effect on September 1, 2000, for members of the public employees' retirement system plan II, subject to the following:

             (a) Except as provided in (b) of this subsection, the member contribution rate shall not exceed the school employees' retirement system employer plan II and III contribution rate adopted under RCW 41.45.060 and 41.45.070;

             (b) The member contribution rate for the school employees' retirement system plan II shall be increased by fifty percent of the contribution rate increase caused by any plan II benefit increase passed after September 1, 2000.

             (3) The employee contribution rate for plan II shall not be increased as a result of any distributions pursuant to sections 312 and 313 of this act.

             (4) The required plan II and III contribution rates for employers shall be adopted in the manner described in RCW 41.45.060.


             Sec. 406. RCW 41.45.070 and 1995 c 239 s 310 are each amended to read as follows:

             (1) In addition to the basic employer contribution rate established in RCW 41.45.060, the department shall also charge employers of public employees' retirement system, teachers' retirement system, school employees' retirement system, or Washington state patrol retirement system members an additional supplemental rate to pay for the cost of additional benefits, if any, granted to members of those systems. Except as provided in subsection (6) of this section, the supplemental contribution rates required by this section shall be calculated by the state actuary and shall be charged regardless of language to the contrary contained in the statute which authorizes additional benefits.

             (2) In addition to the basic state contribution rate established in RCW 41.45.060 for the law enforcement officers' and fire fighters' retirement system the department shall also establish a supplemental rate to pay for the cost of additional benefits, if any, granted to members of the law enforcement officers' and fire fighters' retirement system. This supplemental rate shall be calculated by the state actuary and the state treasurer shall transfer the additional required contributions regardless of language to the contrary contained in the statute which authorizes the additional benefits.

             (3) The supplemental rate charged under this section to fund benefit increases provided to active members of the public employees' retirement system plan I, the teachers' retirement system plan I, the law enforcement officers' and fire fighters' retirement system plan I, and Washington state patrol retirement system, shall be calculated as the level percentage of all members' pay needed to fund the cost of the benefit not later than June 30, 2024.

             (4) The supplemental rate charged under this section to fund benefit increases provided to active and retired members of the public employees' retirement system plan II, the teachers' retirement system plan II and plan III, the school employees' retirement system plan II and plan III, or the law enforcement officers' and fire fighters' retirement system plan II, shall be calculated as the level percentage of all members' pay needed to fund the cost of the benefit, as calculated under RCW 41.40.650((, 41.32.775,)) or 41.26.450, respectively.

             (5) The supplemental rate charged under this section to fund postretirement adjustments which are provided on a nonautomatic basis to current retirees shall be calculated as the percentage of pay needed to fund the adjustments as they are paid to the retirees. The supplemental rate charged under this section to fund automatic postretirement adjustments for active or retired members of the public employees' retirement system plan I and the teachers' retirement system plan I shall be calculated as the level percentage of pay needed to fund the cost of the automatic adjustments not later than June 30, 2024.

             (6) A supplemental rate shall not be charged to pay for the cost of additional benefits granted to members pursuant to chapter 41.-- RCW (sections 311 through 313 of this act) and section 309, chapter . . ., Laws of 1998 (section 309 of this act).


             NEW SECTION. Sec. 407. A new section is added to chapter 41.45 RCW to read as follows:

             Upon the advice of the state actuary, the state treasurer shall divide the assets in the public employees' retirement system plan II as of September 1, 2000, in such a manner that sufficient assets remain in plan II to maintain the employee contribution rate calculated in the latest actuarial valuation of the public employees' retirement system plan II. The state actuary shall take into account changes in assets that occur between the latest actuarial valuation and the date of transfer. The balance of the assets shall be transferred to the Washington school employees' retirement system plan II and III.


             Sec. 501. RCW 41.50.030 and 1995 c 239 s 316 are each amended to read as follows:

             (1) As soon as possible but not more than one hundred and eighty days after March 19, 1976, there is transferred to the department of retirement systems, except as otherwise provided in this chapter, all powers, duties, and functions of:

             (a) The Washington public employees' retirement system;

             (b) The Washington state teachers' retirement system;

             (c) The Washington law enforcement officers' and fire fighters' retirement system;

             (d) The Washington state patrol retirement system;

             (e) The Washington judicial retirement system; and

             (f) The state treasurer with respect to the administration of the judges' retirement fund imposed pursuant to chapter 2.12 RCW.

             (2) On July 1, 1996, there is transferred to the department all powers, duties, and functions of the deferred compensation committee.

             (3) The department shall administer chapter 41.34 RCW.

             (4) The department shall administer the Washington school employees' retirement system created under chapter 41.-- RCW (sections 1 through 25, 101 through 112, 114, and 201 through 213 of this act).


             Sec. 502. RCW 41.50.060 and 1995 c 239 s 318 are each amended to read as follows:

             The director may delegate the performance of such powers, duties, and functions, other than those relating to rule making, to employees of the department, but the director shall remain and be responsible for the official acts of the employees of the department.

             The director shall be responsible for the public employees' retirement system, the teachers' retirement system, the school employees' retirement system, the judicial retirement system, the law enforcement officers' and fire fighters' retirement system, and the Washington state patrol retirement system. The director shall also be responsible for the deferred compensation program.


             Sec. 503. RCW 41.50.075 and 1996 c 39 s 16 are each amended to read as follows:

             (1) Two funds are hereby created and established in the state treasury to be known as the Washington law enforcement officers' and fire fighters' system plan I retirement fund, and the Washington law enforcement officers' and fire fighters' system plan II retirement fund which shall consist of all moneys paid into them in accordance with the provisions of this chapter and chapter 41.26 RCW, whether such moneys take the form of cash, securities, or other assets. The plan I fund shall consist of all moneys paid to finance the benefits provided to members of the law enforcement officers' and fire fighters' retirement system plan I, and the plan II fund shall consist of all moneys paid to finance the benefits provided to members of the law enforcement officers' and fire fighters' retirement system plan II.

             (2) All of the assets of the Washington state teachers' retirement system shall be credited according to the purposes for which they are held, to two funds to be maintained in the state treasury, namely, the teachers' retirement system plan I fund and the teachers' retirement system combined plan II and III fund. The plan I fund shall consist of all moneys paid to finance the benefits provided to members of the Washington state teachers' retirement system plan I, and the combined plan II and III fund shall consist of all moneys paid to finance the benefits provided to members of the Washington state teachers' retirement system plan II and III.

             (3) There is hereby established in the state treasury two separate funds, namely the public employees' retirement system plan I fund and the public employees' retirement system plan II fund. The plan I fund shall consist of all moneys paid to finance the benefits provided to members of the public employees' retirement system plan I, and the plan II fund shall consist of all moneys paid to finance the benefits provided to members of the public employees' retirement system plan II.

             (4) There is hereby established in the state treasury the school employees' retirement system combined plan II and III fund. The combined plan II and III fund shall consist of all moneys paid to finance the benefits provided to members of the school employees' retirement system plan II and plan III.


             Sec. 504. RCW 41.50.080 and 1981 c 3 s 34 are each amended to read as follows:

             The state investment board shall provide for the investment of all funds of the Washington public employees' retirement system, the teachers' retirement system, the school employees' retirement system, the Washington law enforcement officers' and fire fighters' retirement system, the Washington state patrol retirement system, the Washington judicial retirement system, and the judges' retirement fund, pursuant to RCW 43.84.150, and may sell or exchange investments acquired in the exercise of that authority.


             Sec. 505. RCW 41.50.086 and 1995 c 239 s 301 are each amended to read as follows:

             (1) The employee retirement benefits board is created within the department of retirement systems.

             (2) The board shall be composed of ((eight)) eleven members appointed by the governor and one ex officio member as follows:

             (a) Three members representing the public employees' retirement system: One retired, two active. The members shall be appointed from a list of nominations submitted by organizations representing each category. The initial term of appointment shall be two years for the retired member, one year for one active member, and three years for the remaining active member.

             (b) Three members representing the teachers' retirement system: One retired, two active. The members shall be appointed from a list of nominations submitted by organizations representing each category. The initial term of appointment shall be one year for the retired member, two years for one active member, and three years for the remaining active member.

             (c) Three members representing classified employees of school districts and educational service districts: One retired, two active. The members shall be appointed from a list of nominations submitted by organizations representing each category. The initial term of appointment shall be one year for the retired member, two years for one active member, and three years for the remaining active member.

             (d) Two members with experience in defined contribution plan administration. The initial term for these members shall be two years for one member and three years for the remaining member.

             (((d))) (e) The director of the department shall serve ex officio and shall be the chair of the board.

             (3) After the initial appointments, members shall be appointed to three-year terms.

             (4) The board shall meet at least quarterly during the calendar year, at the call of the chair.

             (5) Members of the board shall serve without compensation but shall receive travel expenses as provided for in RCW 43.03.050 and 43.03.060. Such travel expenses shall be reimbursed by the department from the retirement system expense fund.

             (6) The board shall adopt rules governing its procedures and conduct of business.

             (7) The actuary shall perform all actuarial services for the board and provide advice and support.

             (((8) The state investment board shall provide advice and support to the board.))


             Sec. 506. RCW 41.50.086 and 1995 c 239 s 301 are each amended to read as follows:

             (1) The employee retirement benefits board is created within the department of retirement systems.

             (2) The board shall be composed of ((eight)) eleven members appointed by the governor and one ex officio member as follows:

             (a) Three members representing the public employees' retirement system: One retired, two active. The members shall be appointed from a list of nominations submitted by organizations representing each category. The initial term of appointment shall be two years for the retired member, one year for one active member, and three years for the remaining active member.

             (b) Three members representing the teachers' retirement system: One retired, two active. The members shall be appointed from a list of nominations submitted by organizations representing each category. The initial term of appointment shall be one year for the retired member, two years for one active member, and three years for the remaining active member.

             (c) Three members representing the school employees' retirement system: One retired, two active. The members shall be appointed from a list of nominations submitted by organizations representing each category. The initial term of appointment shall be one year for the retired member, two years for one active member, and three years for the remaining active member.

             (d) Two members with experience in defined contribution plan administration. The initial term for these members shall be two years for one member and three years for the remaining member.

             (((d))) (e) The director of the department shall serve ex officio and shall be the chair of the board.

             (3) After the initial appointments, members shall be appointed to three-year terms.

             (4) The board shall meet at least quarterly during the calendar year, at the call of the chair.

             (5) Members of the board shall serve without compensation but shall receive travel expenses as provided for in RCW 43.03.050 and 43.03.060. Such travel expenses shall be reimbursed by the department from the retirement system expense fund.

             (6) The board shall adopt rules governing its procedures and conduct of business.

             (7) The actuary shall perform all actuarial services for the board and provide advice and support.

             (((8) The state investment board shall provide advice and support to the board.))


             Sec. 507. RCW 41.50.088 and 1995 c 239 s 302 are each amended to read as follows:

             (1) The board shall adopt rules as necessary and exercise all the powers and perform all duties prescribed by law with respect to:

             (((1) The preselection of options for members to choose from for self-directed investment deemed by the board to be in the best interest of the member. At the board's request, the state investment board may provide investment options for purposes of this subsection;

             (2))) (a) The board shall recommend to the state investment board types of options for member self-directed investment in the teachers' retirement system plan III and the school employees' retirement system plan III, as deemed by the board to be reflective of the members' preferences.

             (b) The selection of optional benefit payment schedules available to members and survivors of members upon the death, disability, retirement, or termination of the member. The optional benefit payments may include but not be limited to: Fixed and participating annuities, joint and survivor annuities, and payments that bridge to social security or defined benefit plan payments;

             (((3))) (c) Approval of actuarially equivalent annuities that may be purchased from the combined plan II and plan III funds under RCW 41.50.075 (2) or (3); and

             (((4))) (d) Determination of the basis for administrative charges to the self-directed investment fund to offset self-directed account expenses; ((and

             (5))) (2) Selection of investment options for the deferred compensation program.


             Sec. 508. RCW 41.50.110 and 1996 c 39 s 17 are each amended to read as follows:

             (1) Except as provided by RCW 41.50.255 and subsection (6) of this section, all expenses of the administration of the department and the expenses of administration of the retirement systems created in chapters 2.10, 2.12, 41.26, 41.32, 41.40, 41.34, 41.-- (sections 1 through 25, 101 through 112, 114, and 201 through 213 of this act) and 43.43 RCW shall be paid from the department of retirement systems expense fund.

             (2) In order to reimburse the department of retirement systems expense fund on an equitable basis the department shall ascertain and report to each employer, as defined in RCW 41.26.030, 41.32.010, section 2 of this act, or 41.40.010, the sum necessary to defray its proportional share of the entire expense of the administration of the retirement system that the employer participates in during the ensuing biennium or fiscal year whichever may be required. Such sum is to be computed in an amount directly proportional to the estimated entire expense of the administration as the ratio of monthly salaries of the employer's members bears to the total salaries of all members in the entire system. It shall then be the duty of all such employers to include in their budgets or otherwise provide the amounts so required.

             (3) The department shall compute and bill each employer, as defined in RCW 41.26.030, 41.32.010, section 2 of this act, or 41.40.010, at the end of each month for the amount due for that month to the department of retirement systems expense fund and the same shall be paid as are its other obligations. Such computation as to each employer shall be made on a percentage rate of salary established by the department. However, the department may at its discretion establish a system of billing based upon calendar year quarters in which event the said billing shall be at the end of each such quarter.

             (4) The director may adjust the expense fund contribution rate for each system at any time when necessary to reflect unanticipated costs or savings in administering the department.

             (5) An employer who fails to submit timely and accurate reports to the department may be assessed an additional fee related to the increased costs incurred by the department in processing the deficient reports. Fees paid under this subsection shall be deposited in the retirement system expense fund.

             (a) Every six months the department shall determine the amount of an employer's fee by reviewing the timeliness and accuracy of the reports submitted by the employer in the preceding six months. If those reports were not both timely and accurate the department may prospectively assess an additional fee under this subsection.

             (b) An additional fee assessed by the department under this subsection shall not exceed fifty percent of the standard fee.

             (c) The department shall adopt rules implementing this section.

             (6) Expenses other than those under RCW 41.34.060(2) shall be paid pursuant to subsection (1) of this section.


             Sec. 509. RCW 41.50.150 and 1997 c 221 s 1 are each amended to read as follows:

             (1) The employer of any employee whose retirement benefits are based in part on excess compensation, as defined in this section, shall, upon receipt of a billing from the department, pay into the appropriate retirement system the present value at the time of the employee's retirement of the total estimated cost of all present and future benefits from the retirement system attributable to the excess compensation. The state actuary shall determine the estimated cost using the same method and procedure as is used in preparing fiscal note costs for the legislature. However, the director may in the director's discretion decline to bill the employer if the amount due is less than fifty dollars. Accounts unsettled within thirty days of the receipt of the billing shall be assessed an interest penalty of one percent of the amount due for each month or fraction thereof beyond the original thirty-day period.

             (2) "Excess compensation," as used in this section, includes the following payments, if used in the calculation of the employee's retirement allowance:

             (a) A cash out of unused annual leave in excess of two hundred forty hours of such leave. "Cash out" for purposes of this subsection means:

             (i) Any payment in lieu of an accrual of annual leave; or

             (ii) Any payment added to salary or wages, concurrent with a reduction of annual leave;

             (b) A cash out of any other form of leave;

             (c) A payment for, or in lieu of, any personal expense or transportation allowance to the extent that payment qualifies as reportable compensation in the member's retirement system;

             (d) The portion of any payment, including overtime payments, that exceeds twice the regular daily or hourly rate of pay; and

             (e) Any termination or severance payment.

             (3) This section applies to the retirement systems listed in RCW 41.50.030 and to retirements occurring on or after March 15, 1984. Nothing in this section is intended to amend or determine the meaning of any definition in chapter 2.10, 2.12, 41.26, 41.32, 41.40, 41.-- (sections 1 through 25, 101 through 112, 114, and 201 through 213 of this act), or 43.43 RCW or to determine in any manner what payments are includable in the calculation of a retirement allowance under such chapters.

             (4) An employer is not relieved of liability under this section because of the death of any person either before or after the billing from the department.


             Sec. 510. RCW 41.50.152 and 1995 c 387 s 1 are each amended to read as follows:

             (1) Except as limited by subsection (3) of this section, the governing body of an employer under chapter 41.32, 41.-- (sections 1 through 25, 101 through 112, 114, and 201 through 213 of this act), or 41.40 RCW shall comply with the provisions of subsection (2) of this section prior to executing a contract or collective bargaining agreement with members under chapter 41.32, 41.-- (sections 1 through 25, 101 through 112, 114, and 201 through 213 of this act), or 41.40 RCW which provides for:

             (a) A cash out of unused annual leave in excess of two hundred forty hours of such leave. "Cash out" for purposes of this subsection means any payment in lieu of an accrual of annual leave or any payment added to regular salary, concurrent with a reduction of annual leave;

             (b) A cash out of any other form of leave;

             (c) A payment for, or in lieu of, any personal expense or transportation allowance;

             (d) The portion of any payment, including overtime payments, that exceeds twice the regular rate of pay; or

             (e) Any other termination or severance payment.

             (2) Any governing body entering into a contract that includes a compensation provision listed in subsection (1) of this section shall do so only after public notice in compliance with the open public meetings act, chapter 42.30 RCW. This notification requirement may be accomplished as part of the approval process for adopting a contract in whole, and does not require separate or additional open public meetings. At the public meeting, full disclosure shall be made of the nature of the proposed compensation provision, and the employer's estimate of the excess compensation billings under RCW 41.50.150 that the employing entity would have to pay as a result of the proposed compensation provision. The employer shall notify the department of its compliance with this section at the time the department bills the employer under RCW ((41.40.150)) 41.50.150 for the pension impact of compensation provisions listed in subsection (1) of this section that are adopted after July 23, 1995.

             (3) The requirements of subsection (2) of this section shall not apply to the adoption of a compensation provision listed in subsection (1) of this section if the compensation would not be includable in calculating benefits under chapter 41.32, 41.-- (sections 1 through 25, 101 through 112, 114, and 201 through 213 of this act), or 41.40 RCW for the employees covered by the compensation provision.


             Sec. 511. RCW 41.50.255 and 1995 c 281 s 1 are each amended to read as follows:

             The director is authorized to pay from the interest earnings of the trust funds of the public employees' retirement system, the teachers' retirement system, the Washington state patrol retirement system, the Washington judicial retirement system, the judges' retirement system, the school district employees' retirement system, or the law enforcement officers' and fire fighters' retirement system lawful obligations of the appropriate system for legal expenses and medical expenses which expenses are primarily incurred for the purpose of protecting the appropriate trust fund or are incurred in compliance with statutes governing such funds.

             The term "legal expense" includes, but is not limited to, legal services provided through the legal services revolving fund, fees for expert witnesses, travel expenses, fees for court reporters, cost of transcript preparation, and reproduction of documents.

             The term "medical costs" includes, but is not limited to, expenses for the medical examination or reexamination of members or retirees, the costs of preparation of medical reports, and fees charged by medical professionals for attendance at discovery proceedings or hearings.

             The director may also pay from the interest earnings of the trust funds specified in this section costs incurred in investigating fraud and collecting overpayments, including expenses incurred to review and investigate cases of possible fraud against the trust funds and collection agency fees and other costs incurred in recovering overpayments. Recovered funds must be returned to the appropriate trust funds.


             Sec. 512. RCW 41.50.500 and 1991 c 365 s 1 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 41.50.500 through 41.50.650, 41.50.670 through 41.50.720, and 26.09.138.

             (1) "Benefits" means periodic retirement payments or a withdrawal of accumulated contributions.

             (2) "Disposable benefits" means that part of the benefits of an individual remaining after the deduction from those benefits of any amount required by law to be withheld. The term "required by law to be withheld" does not include any deduction elective to the member.

             (3) "Dissolution order" means any judgment, decree, or order of spousal maintenance, property division, or court-approved property settlement incident to a decree of divorce, dissolution, invalidity, or legal separation issued by the superior court of the state of Washington or a judgment, decree, or other order of spousal support issued by a court of competent jurisdiction in another state or country, that has been registered or otherwise made enforceable in this state.

             (4) "Mandatory benefits assignment order" means an order issued to the department of retirement systems pursuant to RCW 41.50.570 to withhold and deliver benefits payable to an obligor under chapter 2.10, 2.12, 41.26, 41.32, 41.40, 41.-- (sections 1 through 25, 101 through 112, 114, and 201 through 213 of this act), or 43.43 RCW.

             (5) "Obligee" means an ex spouse or spouse to whom a duty of spousal maintenance or property division obligation is owed.

             (6) "Obligor" means the spouse or ex spouse owing a duty of spousal maintenance or a property division obligation.

             (7) "Periodic retirement payments" means periodic payments of retirement allowances, including but not limited to service retirement allowances, disability retirement allowances, and survivors' allowances. The term does not include a withdrawal of accumulated contributions.

             (8) "Property division obligation" means any outstanding court-ordered property division or court-approved property settlement obligation incident to a decree of divorce, dissolution, or legal separation.

             (9) "Standard allowance" means a benefit payment option selected under RCW 2.10.146(1)(a), 41.26.460(1)(a), 41.32.785(1)(a), 41.40.188(1)(a), ((or)) 41.40.660(1), or section 23 of this act that ceases upon the death of the retiree. Standard allowance also means the benefit allowance provided under RCW 2.10.110, 2.10.130, 43.43.260, 41.26.100, 41.26.130(1)(a), or chapter 2.12 RCW. Standard allowance also means the maximum retirement allowance available under RCW 41.32.530(1) following member withdrawal of accumulated contributions, if any.

             (10) "Withdrawal of accumulated contributions" means a lump sum payment to a retirement system member of all or a part of the member's accumulated contributions, including accrued interest, at the request of the member including any lump sum amount paid upon the death of the member.


             Sec. 513. RCW 41.50.670 and 1996 c 39 s 18 are each amended to read as follows:

             (1) Nothing in this chapter regarding mandatory assignment of benefits to enforce a spousal maintenance obligation shall abridge the right of an obligee to direct payments of retirement benefits to satisfy a property division obligation ordered pursuant to a court decree of dissolution or legal separation or any court order or court-approved property settlement agreement incident to any court decree of dissolution or legal separation as provided in RCW 2.10.180, 2.12.090, 41.04.310, 41.04.320, 41.04.330, 41.26.053, 41.32.052, section 11 of this act, 41.34.070(3), 41.40.052, 43.43.310, or 26.09.138, as those statutes existed before July 1, 1987, and as those statutes exist on and after July 28, 1991. The department shall pay benefits under this chapter in a lump sum or as a portion of periodic retirement payments as expressly provided by the dissolution order. A dissolution order may not order the department to pay a periodic retirement payment or lump sum unless that payment is specifically authorized under the provisions of chapter 2.10, 2.12, 41.26, 41.32, 41.-- (sections 1 through 25, 101 through 112, 114, and 201 through 213 of this act), 41.34, 41.40, or 43.43 RCW, as applicable.

             (2) The department shall pay directly to an obligee the amount of periodic retirement payments or lump sum payment, as appropriate, specified in the dissolution order if the dissolution order filed with the department pursuant to subsection (1) of this section includes a provision that states in the following form:

             If . . . . . . (the obligor) receives periodic retirement payments as defined in RCW 41.50.500, the department of retirement systems shall pay to . . . . . . (the obligee) . . . . . . dollars from such payments or . . . percent of such payments. If the obligor's debt is expressed as a percentage of his or her periodic retirement payment and the obligee does not have a survivorship interest in the obligor's benefit, the amount received by the obligee shall be the percentage of the periodic retirement payment that the obligor would have received had he or she selected a standard allowance.

             If . . . . . . (the obligor) requests or has requested a withdrawal of accumulated contributions as defined in RCW 41.50.500, or becomes eligible for a lump sum death benefit, the department of retirement systems shall pay to . . . . . . (the obligee) . . . . . . dollars plus interest at the rate paid by the department of retirement systems on member contributions. Such interest to accrue from the date of this order's entry with the court of record.

             (3) This section does not require a member to select a standard allowance upon retirement nor does it require the department to recalculate the amount of a retiree's periodic retirement payment based on a change in survivor option.

             (4) A court order under this section may not order the department to pay more than seventy-five percent of an obligor's periodic retirement payment to an obligee.

             (5) Persons whose court decrees were entered between July 1, 1987, and July 28, 1991, shall also be entitled to receive direct payments of retirement benefits to satisfy court-ordered property divisions if the dissolution orders comply or are modified to comply with this section and RCW 41.50.680 through 41.50.720 and, as applicable, RCW 2.10.180, 2.12.090, 41.26.053, 41.32.052, section 11 of this act, 41.34.070, 41.40.052, 43.43.310, and 26.09.138.

             (6) The obligee must file a copy of the dissolution order with the department within ninety days of that order's entry with the court of record.

             (7) A division of benefits pursuant to a dissolution order under this section shall be based upon the obligor's gross benefit prior to any deductions. If the department is required to withhold a portion of the member's benefit pursuant to 26 U.S.C. Sec. 3402 and the sum of that amount plus the amount owed to the obligee exceeds the total benefit, the department shall satisfy the withholding requirements under 26 U.S.C. Sec. 3402 and then pay the remainder to the obligee. The provisions of this subsection do not apply to amounts withheld pursuant to 26 U.S.C. Sec. 3402(i).


             Sec. 514. RCW 41.50.790 and 1996 c 175 s 1 are each amended to read as follows:

             (1) The department shall designate an obligee as a survivor beneficiary of a member under RCW 2.10.146, 41.26.460, 41.32.530, 41.32.785, section 23 of this act, 41.40.188, or 41.40.660 if the department has been served by registered or certified mail with a dissolution order as defined in RCW 41.50.500 at least thirty days prior to the member's retirement. The department's duty to comply with the dissolution order arises only if the order contains a provision that states in substantially the following form:

When . . . . . . (the obligor) applies for retirement the department shall designate . . . . . . (the obligee) as survivor beneficiary with a . . . . . . survivor benefit.

The survivor benefit designated in the dissolution order must be consistent with the survivor benefit options authorized by statute or administrative rule.

             (2) The obligee's entitlement to a survivor benefit pursuant to a dissolution order filed with the department in compliance with subsection (1) of this section shall cease upon the death of the obligee.

             (3)(a) A subsequent dissolution order may order the department to divide a survivor benefit between a survivor beneficiary and an alternate payee. In order to divide a survivor benefit between more than one payee, the dissolution order must:

             (i) Be ordered by a court of competent jurisdiction following notice to the survivor beneficiary;

             (ii) Contain a provision that complies with subsection (1) of this section designating the survivor beneficiary;

             (iii) Contain a provision clearly identifying the alternate payee or payees; and

             (iv) Specify the proportional division of the benefit between the survivor beneficiary and the alternate payee or payees.

             (b) The department will calculate actuarial adjustment for the court-ordered survivor benefit based upon the life of the survivor beneficiary.

             (c) If the survivor beneficiary dies, the department shall terminate the benefit. If the alternate payee predeceases the survivor beneficiary, all entitlement of the alternate payee to a benefit ceases and the entire benefit will revert to the survivor beneficiary.

             (d) For purposes of this section, "survivor beneficiary" means:

             (i) The obligee designated in the provision of dissolution filed in compliance with subsection (1) of this section; or

             (ii) In the event of more than one dissolution order, the obligee named in the first decree of dissolution received by the department.

             (e) For purposes of this section, "alternate payee" means a person, other than the survivor beneficiary, who is granted a percentage of a survivor benefit pursuant to a dissolution order.

             (4) The department shall under no circumstances be held liable for not designating an obligee as a survivor beneficiary under subsection (1) of this section if the dissolution order or amendment thereto is not served on the department by registered or certified mail at least thirty days prior to the member's retirement.

             (5) If a dissolution order directing designation of a survivor beneficiary has been previously filed with the department in compliance with this section, no additional obligation shall arise on the part of the department upon filing of a subsequent dissolution order unless the subsequent dissolution order:

             (a) Specifically amends or supersedes the dissolution order already on file with the department; and

             (b) Is filed with the department by registered or certified mail at least thirty days prior to the member's retirement.

             (6) The department shall designate a court-ordered survivor beneficiary pursuant to a dissolution order filed with the department before June 6, 1996, only if the order:

             (a) Specifically directs the member or department to make such selection;

             (b) Specifies the survivor option to be selected; and

             (c) The member retires after June 6, 1996.


             NEW SECTION. Sec. 515. A new section is added to chapter 41.50 RCW to read as follows:

             (1) If the department determines that due to employer error a member of plan III has suffered a loss of investment return, the employer shall pay the department for credit to the member's account the amount determined by the department as necessary to correct the error.

             (2) If the department determines that due to departmental error a member of plan III has suffered a loss of investment return, the department shall credit to the member's account from the school employees' retirement system combined plan II and III fund the amount determined by the department as necessary to correct the error.


             Sec. 601. RCW 41.40.010 and 1997 c 254 s 10 and 1997 c 88 s 6 are each reenacted and amended to read as follows:

             As used in this chapter, unless a different meaning is plainly required by the context:

             (1) "Retirement system" means the public employees' retirement system provided for in this chapter.

             (2) "Department" means the department of retirement systems created in chapter 41.50 RCW.

             (3) "State treasurer" means the treasurer of the state of Washington.

             (4)(a) "Employer" for plan I members, means every branch, department, agency, commission, board, and office of the state, any political subdivision or association of political subdivisions of the state admitted into the retirement system, and legal entities authorized by RCW 35.63.070 and 36.70.060 or chapter 39.34 RCW; and the term shall also include any labor guild, association, or organization the membership of a local lodge or division of which is comprised of at least forty percent employees of an employer (other than such labor guild, association, or organization) within this chapter. The term may also include any city of the first class that has its own retirement system.

             (b) "Employer" for plan II members, means every branch, department, agency, commission, board, and office of the state, and any political subdivision and municipal corporation of the state admitted into the retirement system, including public agencies created pursuant to RCW 35.63.070, 36.70.060, and 39.34.030; except that after August 31, 2000, school districts and educational service districts will no longer be employers for the public employees' retirement system plan II.

             (5) "Member" means any employee included in the membership of the retirement system, as provided for in RCW 41.40.023. RCW 41.26.045 does not prohibit a person otherwise eligible for membership in the retirement system from establishing such membership effective when he or she first entered an eligible position.

             (6) "Original member" of this retirement system means:

             (a) Any person who became a member of the system prior to April 1, 1949;

             (b) Any person who becomes a member through the admission of an employer into the retirement system on and after April 1, 1949, and prior to April 1, 1951;

             (c) Any person who first becomes a member by securing employment with an employer prior to April 1, 1951, provided the member has rendered at least one or more years of service to any employer prior to October 1, 1947;

             (d) Any person who first becomes a member through the admission of an employer into the retirement system on or after April 1, 1951, provided, such person has been in the regular employ of the employer for at least six months of the twelve-month period preceding the said admission date;

             (e) Any member who has restored all contributions that may have been withdrawn as provided by RCW 41.40.150 and who on the effective date of the individual's retirement becomes entitled to be credited with ten years or more of membership service except that the provisions relating to the minimum amount of retirement allowance for the member upon retirement at age seventy as found in RCW 41.40.190(4) shall not apply to the member;

             (f) Any member who has been a contributor under the system for two or more years and who has restored all contributions that may have been withdrawn as provided by RCW 41.40.150 and who on the effective date of the individual's retirement has rendered five or more years of service for the state or any political subdivision prior to the time of the admission of the employer into the system; except that the provisions relating to the minimum amount of retirement allowance for the member upon retirement at age seventy as found in RCW 41.40.190(4) shall not apply to the member.

             (7) "New member" means a person who becomes a member on or after April 1, 1949, except as otherwise provided in this section.

             (8)(a) "Compensation earnable" for plan I members, means salaries or wages earned during a payroll period for personal services and where the compensation is not all paid in money, maintenance compensation shall be included upon the basis of the schedules established by the member's employer.

             (i) "Compensation earnable" for plan I members also includes the following actual or imputed payments, which are not paid for personal services:

             (A) Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have earned during a payroll period shall be considered compensation earnable and the individual shall receive the equivalent service credit;

             (B) If a leave of absence is taken by an individual for the purpose of serving in the state legislature, the salary which would have been received for the position from which the leave of absence was taken, shall be considered as compensation earnable if the employee's contribution is paid by the employee and the employer's contribution is paid by the employer or employee;

             (C) Assault pay only as authorized by RCW 27.04.100, 72.01.045, and 72.09.240;

             (D) Compensation that a member would have received but for a disability occurring in the line of duty only as authorized by RCW 41.40.038;

             (E) Compensation that a member receives due to participation in the leave sharing program only as authorized by RCW 41.04.650 through 41.04.670; and

             (F) Compensation that a member receives for being in standby status. For the purposes of this section, a member is in standby status when not being paid for time actually worked and the employer requires the member to be prepared to report immediately for work, if the need arises, although the need may not arise. ((Standby compensation is regular salary for the purposes of RCW 41.50.150(2).))

             (ii) "Compensation earnable" does not include:

             (A) Remuneration for unused sick leave authorized under RCW 41.04.340, 28A.400.210, or 28A.310.490;

             (B) Remuneration for unused annual leave in excess of thirty days as authorized by RCW 43.01.044 and 43.01.041.

             (b) "Compensation earnable" for plan II members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall exclude nonmoney maintenance compensation and lump sum or other payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay.

             "Compensation earnable" for plan II members also includes the following actual or imputed payments, which are not paid for personal services:

             (i) Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have earned during a payroll period shall be considered compensation earnable to the extent provided above, and the individual shall receive the equivalent service credit;

             (ii) In any year in which a member serves in the legislature, the member shall have the option of having such member's compensation earnable be the greater of:

             (A) The compensation earnable the member would have received had such member not served in the legislature; or

             (B) Such member's actual compensation earnable received for nonlegislative public employment and legislative service combined. Any additional contributions to the retirement system required because compensation earnable under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B) of this subsection shall be paid by the member for both member and employer contributions;

             (iii) Assault pay only as authorized by RCW 27.04.100, 72.01.045, and 72.09.240;

             (iv) Compensation that a member would have received but for a disability occurring in the line of duty only as authorized by RCW 41.40.038;

             (v) Compensation that a member receives due to participation in the leave sharing program only as authorized by RCW 41.04.650 through 41.04.670; and

             (vi) Compensation that a member receives for being in standby status. For the purposes of this section, a member is in standby status when not being paid for time actually worked and the employer requires the member to be prepared to report immediately for work, if the need arises, although the need may not arise. ((Standby compensation is regular salary for the purposes of RCW 41.50.150(2).))

             (9)(a) "Service" for plan I members, except as provided in RCW 41.40.088, means periods of employment in an eligible position or positions for one or more employers rendered to any employer for which compensation is paid, and includes time spent in office as an elected or appointed official of an employer. Compensation earnable earned in full time work for seventy hours or more in any given calendar month shall constitute one service credit month except as provided in RCW 41.40.088. Compensation earnable earned for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service except as provided in RCW 41.40.088. Only service credit months and one-quarter service credit months shall be counted in the computation of any retirement allowance or other benefit provided for in this chapter. Any fraction of a year of service shall be taken into account in the computation of such retirement allowance or benefits. Time spent in standby status, whether compensated or not, is not service.

             (i) Service by a state employee officially assigned by the state on a temporary basis to assist another public agency, shall be considered as service as a state employee: PROVIDED, That service to any other public agency shall not be considered service as a state employee if such service has been used to establish benefits in any other public retirement system.

             (ii) An individual shall receive no more than a total of twelve service credit months of service during any calendar year. If an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service for seventy or more hours is rendered.

             (iii) A school district employee may count up to forty-five days of sick leave as creditable service solely for the purpose of determining eligibility to retire under RCW 41.40.180 as authorized by RCW 28A.400.300. For purposes of plan I "forty-five days" as used in RCW 28A.400.300 is equal to two service credit months. Use of less than forty-five days of sick leave is creditable as allowed under this subsection as follows:

             (A) Less than twenty-two days equals one-quarter service credit month;

             (B) Twenty-two days equals one service credit month;

             (C) More than twenty-two days but less than forty-five days equals one and one-quarter service credit month.

             (b) "Service" for plan II members, means periods of employment by a member in an eligible position or positions for one or more employers for which compensation earnable is paid. Compensation earnable earned for ninety or more hours in any calendar month shall constitute one service credit month except as provided in RCW 41.40.088. Compensation earnable earned for at least seventy hours but less than ninety hours in any calendar month shall constitute one-half service credit month of service. Compensation earnable earned for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service. Time spent in standby status, whether compensated or not, is not service.

             Any fraction of a year of service shall be taken into account in the computation of such retirement allowance or benefits.

             (i) Service in any state elective position shall be deemed to be full time service, except that persons serving in state elective positions who are members of the Washington school employees' retirement system, teachers' retirement system, or law enforcement officers' and fire fighters' retirement system at the time of election or appointment to such position may elect to continue membership in the Washington school employees' retirement system, teachers' retirement system, or law enforcement officers' and fire fighters' retirement system.

             (ii) A member shall receive a total of not more than twelve service credit months of service for such calendar year. If an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service for ninety or more hours is rendered.

             (iii) Up to forty-five days of sick leave may be creditable as service solely for the purpose of determining eligibility to retire under RCW 41.40.180 as authorized by RCW 28A.400.300. For purposes of plan II "forty-five days" as used in RCW 28A.400.300 is equal to two service credit months. Use of less than forty-five days of sick leave is creditable as allowed under this subsection as follows:

             (A) Less than eleven days equals one-quarter service credit month;

             (B) Eleven or more days but less than twenty-two days equals one-half service credit month;

             (C) Twenty-two days equals one service credit month;

             (D) More than twenty-two days but less than thirty-three days equals one and one-quarter service credit month;

             (E) Thirty-three or more days but less than forty-five days equals one and one-half service credit month.

             (10) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.

             (11) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.

             (12) "Prior service" means all service of an original member rendered to any employer prior to October 1, 1947.

             (13) "Membership service" means:

             (a) All service rendered, as a member, after October 1, 1947;

             (b) All service after October 1, 1947, to any employer prior to the time of its admission into the retirement system for which member and employer contributions, plus interest as required by RCW 41.50.125, have been paid under RCW 41.40.056 or 41.40.057;

             (c) Service not to exceed six consecutive months of probationary service rendered after April 1, 1949, and prior to becoming a member, in the case of any member, upon payment in full by such member of the total amount of the employer's contribution to the retirement fund which would have been required under the law in effect when such probationary service was rendered if the member had been a member during such period, except that the amount of the employer's contribution shall be calculated by the director based on the first month's compensation earnable as a member;

             (d) Service not to exceed six consecutive months of probationary service, rendered after October 1, 1947, and before April 1, 1949, and prior to becoming a member, in the case of any member, upon payment in full by such member of five percent of such member's salary during said period of probationary service, except that the amount of the employer's contribution shall be calculated by the director based on the first month's compensation earnable as a member.

             (14)(a) "Beneficiary" for plan I members, means any person in receipt of a retirement allowance, pension or other benefit provided by this chapter.

             (b) "Beneficiary" for plan II members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.

             (15) "Regular interest" means such rate as the director may determine.

             (16) "Accumulated contributions" means the sum of all contributions standing to the credit of a member in the member's individual account, including any amount paid under RCW 41.50.165(2), together with the regular interest thereon.

             (17)(a) "Average final compensation" for plan I members, means the annual average of the greatest compensation earnable by a member during any consecutive two year period of service credit months for which service credit is allowed; or if the member has less than two years of service credit months then the annual average compensation earnable during the total years of service for which service credit is allowed.

             (b) "Average final compensation" for plan II members, means the member's average compensation earnable of the highest consecutive sixty months of service credit months prior to such member's retirement, termination, or death. Periods constituting authorized leaves of absence may not be used in the calculation of average final compensation except under RCW 41.40.710(2).

             (18) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of employment.

             (19) "Annuity" means payments for life derived from accumulated contributions of a member. All annuities shall be paid in monthly installments.

             (20) "Pension" means payments for life derived from contributions made by the employer. All pensions shall be paid in monthly installments.

             (21) "Retirement allowance" means the sum of the annuity and the pension.

             (22) "Employee" or "employed" means a person who is providing services for compensation to an employer, unless the person is free from the employer's direction and control over the performance of work. The department shall adopt rules and interpret this subsection consistent with common law.

             (23) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of such mortality and other tables as may be adopted by the director.

             (24) "Retirement" means withdrawal from active service with a retirement allowance as provided by this chapter.

             (25) "Eligible position" means:

             (a) Any position that, as defined by the employer, normally requires five or more months of service a year for which regular compensation for at least seventy hours is earned by the occupant thereof. For purposes of this chapter an employer shall not define "position" in such a manner that an employee's monthly work for that employer is divided into more than one position;

             (b) Any position occupied by an elected official or person appointed directly by the governor, or appointed by the chief justice of the supreme court under RCW 2.04.240(2) or 2.06.150(2), for which compensation is paid.

             (26) "Ineligible position" means any position which does not conform with the requirements set forth in subsection (25) of this section.

             (27) "Leave of absence" means the period of time a member is authorized by the employer to be absent from service without being separated from membership.

             (28) "Totally incapacitated for duty" means total inability to perform the duties of a member's employment or office or any other work for which the member is qualified by training or experience.

             (29) "Retiree" means any person who has begun accruing a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer while a member.

             (30) "Director" means the director of the department.

             (31) "State elective position" means any position held by any person elected or appointed to state-wide office or elected or appointed as a member of the legislature.

             (32) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).

             (33) "Plan I" means the public employees' retirement system, plan I providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.

             (34) "Plan II" means the public employees' retirement system, plan II providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977.

             (35) "Index" means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor.

             (36) "Index A" means the index for the year prior to the determination of a postretirement adjustment.

             (37) "Index B" means the index for the year prior to index A.

             (38) "Index year" means the earliest calendar year in which the index is more than sixty percent of index A.

             (39) "Adjustment ratio" means the value of index A divided by index B.

             (40) "Annual increase" means, initially, fifty-nine cents per month per year of service which amount shall be increased each July 1st by three percent, rounded to the nearest cent.

             (41) "Separation from service" occurs when a person has terminated all employment with an employer.


             Sec. 602. RCW 41.40.062 and 1995 c 286 s 4 are each amended to read as follows:

             (1) The members and appointive and elective officials of any political subdivision or association of political subdivisions of the state may become members of the retirement system by the approval of the local legislative authority.

             (2) On and after September 1, 1965, every school district of the state of Washington shall be an employer under this chapter. Every member of each school district who is eligible for membership under RCW 41.40.023 shall be a member of the retirement system and participate on the same basis as a person who first becomes a member through the admission of any employer into the retirement system on and after April 1, 1949, except that after August 31, 2000, school districts will no longer be employers for the public employees' retirement system plan II.


             Sec. 603. RCW 41.40.088 and 1991 c 343 s 9 and 1991 c 35 s 96 are each reenacted and amended to read as follows:

             (1) A plan I member who is employed by a school district or districts, an educational service district, the state school for the deaf, the state school for the blind, institutions of higher education, or community colleges:

             (a) Shall receive a service credit month for each month of the period from September through August of the following year if he or she is employed in an eligible position, earns compensation earnable for six hundred thirty hours or more during that period, and is employed during nine months of that period, except that a member may not receive credit for any period prior to the member's employment in an eligible position;

             (b) If a member in an eligible position does not meet the requirements of (a) of this subsection, the member is entitled to a service credit month for each month of the period he or she earns earnable compensation for seventy or more hours; and the member is entitled to a one-quarter service credit month for those calendar months during which he or she earned compensation for less than seventy hours.

             (2) Except for any period prior to the member's employment in an eligible position, a plan II member who is employed by a school district or districts, an educational service district, the state school for the blind, the state school for the deaf, institutions of higher education, or community colleges:

             (a) Shall receive a service credit month for each month of the period from September through August of the following year if he or she is employed in an eligible position, earns compensation earnable for eight hundred ten hours or more during that period, and is employed during nine months of that period;

             (b) If a member in an eligible position for each month of the period from September through August of the following year does not meet the hours requirements of (a) of this subsection, the member is entitled to one-half service credit month for each month of the period if he or she earns earnable compensation for at least six hundred thirty hours but less than eight hundred ten hours during that period, and is employed nine months of that period.

             (c) In all other instances, a member in an eligible position is entitled to service credit months as follows:

             (i) One service credit month for each month in which compensation is earned for ninety or more hours;

             (ii) One-half service credit month for each month in which compensation is earned for at least seventy hours but less than ninety hours; and

             (iii) One-quarter service credit month for each month in which compensation is earned for less than seventy hours.

             (d) After August 31, 2000, school districts and educational service districts will no longer be employers for the public employees' retirement system plan II.

             (3) The department shall adopt rules implementing this section.


             Sec. 604. RCW 41.26.500 and 1990 c 274 s 12 are each amended to read as follows:

             (1) No retiree under the provisions of plan II shall be eligible to receive such retiree's monthly retirement allowance if he or she is employed in an eligible position as defined in RCW 41.40.010 ((or)), 41.32.010, or section 2 of this act, or as a law enforcement officer or fire fighter as defined in RCW 41.26.030. If a retiree's benefits have been suspended under this section, his or her benefits shall be reinstated when the retiree terminates the employment that caused his or her benefits to be suspended. Upon reinstatement, the retiree's benefits shall be actuarially recomputed pursuant to the rules adopted by the department.

             (2) The department shall adopt rules implementing this section.


             Sec. 605. RCW 41.32.800 and 1997 c 254 s 6 are each amended to read as follows:

             (1) Except as provided in RCW 41.32.802, no retiree under the provisions of plan II shall be eligible to receive such retiree's monthly retirement allowance if he or she is employed in an eligible position as defined in RCW 41.40.010 ((or)), 41.32.010, or section 2 of this act, or as a law enforcement officer or fire fighter as defined in RCW 41.26.030.

             If a retiree's benefits have been suspended under this section, his or her benefits shall be reinstated when the retiree terminates the employment that caused his or her benefits to be suspended. Upon reinstatement, the retiree's benefits shall be actuarially recomputed pursuant to the rules adopted by the department.

             (2) The department shall adopt rules implementing this section.


             Sec. 606. RCW 41.40.690 and 1997 c 254 s 13 are each amended to read as follows:

             (1) Except as provided in RCW 41.40.037, no retiree under the provisions of plan II shall be eligible to receive such retiree's monthly retirement allowance if he or she is employed in an eligible position as defined in RCW 41.40.010 ((or)), 41.32.010, or section 2 of this act, or as a law enforcement officer or fire fighter as defined in RCW 41.26.030, except that a retiree who ends his or her membership in the retirement system pursuant to RCW 41.40.023(3)(b) is not subject to this section if the retiree's only employment is as an elective official of a city or town.

             (2) If a retiree's benefits have been suspended under this section, his or her benefits shall be reinstated when the retiree terminates the employment that caused his or her benefits to be suspended. Upon reinstatement, the retiree's benefits shall be actuarially recomputed pursuant to the rules adopted by the department.

             (3) The department shall adopt rules implementing this section.


             Sec. 701. RCW 41.32.8401 and 1997 c 10 s 1 are each amended to read as follows:

             (1) Anyone who requests to transfer under RCW 41.32.817 before January 1, 1998, and establishes service credit for January 1998, shall have their member account increased by forty percent of:

             (a) Plan II accumulated contributions as of January 1, 1996, less fifty percent of any payments made pursuant to RCW 41.50.165(2); or

             (b) All amounts withdrawn after January 1, 1996, which are completely restored before January 1, 1998.

             (2) A further additional payment of twenty-five percent, for a total of sixty-five percent, shall be paid subject to the conditions contained in subsection (1) of this section on July 1, 1998.

             (3) Substitute teachers shall receive the additional payment provided in subsection (1) of this section if they:

             (a) Establish service credit for January 1998; and

             (b) Establish any service credit from July 1996 through December 1997; and

             (c) Elect to transfer on or before March 1, 1999.

             (((3))) (4) If a member who requests to transfer dies before January 1, 1998, the additional payment provided by this section shall be paid to the member's estate, or the person or persons, trust, or organization the member nominated by written designation duly executed and filed with the department.

             (((4))) (5) The legislature reserves the right to modify or discontinue the right to an incentive payment under this section for any plan II members who have not previously transferred to plan III.


             Sec. 702. RCW 41.54.010 and 1993 c 517 s 8 are each amended to read as follows:

             The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

             (1) "Base salary" means salaries or wages earned by a member of a system during a payroll period for personal services and includes wages and salaries deferred under provisions of the United States internal revenue code, but shall exclude overtime payments, nonmoney maintenance compensation, and lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, any form of severance pay, any bonus for voluntary retirement, any other form of leave, or any similar lump sum payment.

             (2) "Department" means the department of retirement systems.

             (3) "Director" means the director of the department of retirement systems.

             (4) "Dual member" means a person who (a) is or becomes a member of a system on or after July 1, 1988, (b) has been a member of one or more other systems, and (c) has never been retired for service from a retirement system and is not receiving a disability retirement or disability leave benefit from any retirement system listed in RCW 41.50.030 or subsection (6) of this section.

             (5) "Service" means the same as it may be defined in each respective system. For the purposes of RCW 41.54.030, military service granted under RCW 41.40.170(3) or 43.43.260 may only be based on service accrued under chapter 41.40 or 43.43 RCW, respectively.

             (6) "System" means the retirement systems established under chapters 41.32, 41.40, 41.44, 41.-- (sections 1 through 25, 101 through 112, 114, and 201 through 213 of this act), and 43.43 RCW; plan II of the system established under chapter 41.26 RCW; and the city employee retirement systems for Seattle, Tacoma, and Spokane. The inclusion of an individual first class city system is subject to the procedure set forth in RCW 41.54.061.


             Sec. 703. RCW 41.54.030 and 1996 c 55 s 4, 1996 c 55 s 3, and 1996 c 39 s 19 are each reenacted and amended to read as follows:

             (1) A dual member may combine service in all systems for the purpose of:

             (a) Determining the member's eligibility to receive a service retirement allowance; and

             (b) Qualifying for a benefit under RCW 41.32.840(2) or section 203 of this act.

             (2) A dual member who is eligible to retire under any system may elect to retire from all the member's systems and to receive service retirement allowances calculated as provided in this section. Each system shall calculate the allowance using its own criteria except that the member shall be allowed to substitute the member's base salary from any system as the compensation used in calculating the allowance.

             (3) The service retirement allowances from a system which, but for this section, would not be allowed to be paid at this date based on the dual member's age may be received immediately or deferred to a later date. The allowances shall be actuarially adjusted from the earliest age upon which the combined service would have made such dual member eligible in that system.

             (4) The service retirement eligibility requirements of RCW 41.40.180 shall apply to any dual member whose prior system is plan I of the public employees' retirement system established under chapter 41.40 RCW.


             Sec. 704. RCW 41.54.040 and 1996 c 55 s 5 are each amended to read as follows:

             (1) The allowances calculated under RCW 41.54.030, 41.54.032, and 41.54.034 shall be paid separately by each respective current and prior system. Any deductions from such separate payments shall be according to the provisions of the respective systems.

             (2) Postretirement adjustments, if any, shall be applied by the respective systems based on the payments made under subsection (1) of this section.

             (3) The department shall adopt rules under chapter 34.05 RCW to ensure that where a dual member has service in a system established under chapter 41.32, 41.40, 41.44, 41.-- (sections 1 through 25, 101 through 112, 114, and 201 through 213 of this act), or 43.43 RCW; service in plan II of the system established under chapter 41.26 RCW; and service under the city employee retirement system for Seattle, Tacoma, or Spokane, the additional cost incurred as a result of the dual member receiving a benefit under this chapter shall be borne by the retirement system incurring the additional cost.


             NEW SECTION. Sec. 705. A new section is added to chapter 41.54 RCW to read as follows:

             Persons who were members of the public employees' retirement system plan II prior to the effective date of this section and were transferred or mandated into membership pursuant to chapter . . ., Laws of 1998 (this act) shall suffer no diminution of benefits guaranteed to public employees' retirement system plan II members as of the date of their change in membership.


             Sec. 706. RCW 41.05.011 and 1996 c 39 s 21 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this chapter.

             (1) "Administrator" means the administrator of the authority.

             (2) "State purchased health care" or "health care" means medical and health care, pharmaceuticals, and medical equipment purchased with state and federal funds by the department of social and health services, the department of health, the basic health plan, the state health care authority, the department of labor and industries, the department of corrections, the department of veterans affairs, and local school districts.

             (3) "Authority" means the Washington state health care authority.

             (4) "Insuring entity" means an insurer as defined in chapter 48.01 RCW, a health care service contractor as defined in chapter 48.44 RCW, or a health maintenance organization as defined in chapter 48.46 RCW.

             (5) "Flexible benefit plan" means a benefit plan that allows employees to choose the level of health care coverage provided and the amount of employee contributions from among a range of choices offered by the authority.

             (6) "Employee" includes all full-time and career seasonal employees of the state, whether or not covered by civil service; elected and appointed officials of the executive branch of government, including full-time members of boards, commissions, or committees; and includes any or all part-time and temporary employees under the terms and conditions established under this chapter by the authority; justices of the supreme court and judges of the court of appeals and the superior courts; and members of the state legislature or of the legislative authority of any county, city, or town who are elected to office after February 20, 1970. "Employee" also includes: (a) Employees of a county, municipality, or other political subdivision of the state if the legislative authority of the county, municipality, or other political subdivision of the state seeks and receives the approval of the authority to provide any of its insurance programs by contract with the authority, as provided in RCW 41.04.205; (b) employees of employee organizations representing state civil service employees, at the option of each such employee organization, and, effective October 1, 1995, employees of employee organizations currently pooled with employees of school districts for the purpose of purchasing insurance benefits, at the option of each such employee organization; and (c) employees of a school district if the authority agrees to provide any of the school districts' insurance programs by contract with the authority as provided in RCW 28A.400.350.

             (7) "Board" means the public employees' benefits board established under RCW 41.05.055.

             (8) "Retired or disabled school employee" means:

             (a) Persons who separated from employment with a school district or educational service district and are receiving a retirement allowance under chapter 41.32 or 41.40 RCW as of September 30, 1993;

             (b) Persons who separate from employment with a school district or educational service district on or after October 1, 1993, and immediately upon separation receive a retirement allowance under chapter 41.32 or 41.40 RCW;

             (c) Persons who separate from employment with a school district or educational service district due to a total and permanent disability, and are eligible to receive a deferred retirement allowance under chapter 41.32 or 41.40 RCW.

             (9) "Benefits contribution plan" means a premium only contribution plan, a medical flexible spending arrangement, or a cafeteria plan whereby state and public employees may agree to a contribution to benefit costs which will allow the employee to participate in benefits offered pursuant to 26 U.S.C. Sec. 125 or other sections of the internal revenue code.

             (10) "Salary" means a state employee's monthly salary or wages.

             (11) "Participant" means an individual who fulfills the eligibility and enrollment requirements under the benefits contribution plan.

             (12) "Plan year" means the time period established by the authority.

             (13) "Separated employees" means persons who separate from employment with an employer as defined in:

             (a) RCW 41.32.010(11) on or after July 1, 1996((,)); or

             (b) Section 2 of this act on or after September 1, 2000;

and who are at least age fifty-five and have at least ten years of service under the teachers' retirement system plan III as defined in RCW 41.32.010(40) or the Washington school employees' retirement system plan III as defined in section 2 of this act.


             Sec. 707. RCW 43.33A.190 and 1995 c 239 s 321 are each amended to read as follows:

             Pursuant to ((RCW 41.50.088, the state investment board, at the request of the employee retirement benefits board, is authorized to offer investment options for self-directed investment under plan III)) section 307 of this act, the state investment board shall invest all self-directed investment moneys under teachers' retirement system plan III and the school employees' retirement system plan III, with full power to establish investment policy, develop investment options, and manage self-directed investment funds.


             Sec. 708. RCW 43.84.092 and 1997 c 218 s 5 are each amended to read as follows:

             (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

             (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

             (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

             (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

             (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the Eastern Washington University capital projects account, the education construction fund, the emergency reserve fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the perpetual surveillance and maintenance account, the public employees' retirement system plan I account, the public employees' retirement system plan II account, the Puyallup tribal settlement account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the teachers' retirement system plan I account, the teachers' retirement system combined plan II and plan III account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' relief and pension principal account, the volunteer fire fighters' relief and pension administrative account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan I retirement account, the Washington law enforcement officers' and fire fighters' system plan II retirement account, the Washington school employees' retirement system combined plan II and III account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

             (b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the central Puget Sound public transportation account, the city hardship assistance account, the county arterial preservation account, the department of licensing services account, the economic development account, the essential rail assistance account, the essential rail banking account, the ferry bond retirement fund, the gasohol exemption holding account, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway construction stabilization account, the highway safety account, the marine operating fund, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the small city account, the special category C account, the state patrol highway account, the transfer relief account, the transportation capital facilities account, the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation revolving loan account, and the urban arterial trust account.

             (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.


             NEW SECTION. Sec. 709. (1) The legislature declares that changing the numerical designation of the different retirement plans within the retirement systems from Roman numerals to Arabic numerals is of no substantive importance.

             (2) The code reviser, under RCW 1.08.025, is directed to change the numerical designation of the retirement plans as follows:

             (a) Where "I" is used, replace with "1";

             (b) Where "II" is used, replace with "2"; and

             (c) Where "III" is used, replace with "3."


             NEW SECTION. Sec. 710. The state investment board, in consultation with the employee retirement benefits board, shall develop and implement administrative changes to mitigate the impact on the other pension funds of the movement of plan III members in and out of the state investment board portfolio. The changes shall be designed to meet the goals of minimizing the impact of the self-directed investing option on the state investment board's (1) asset allocation strategy, (2) liquidity needs, and (3) transaction costs. The changes may include but not be limited to restricting the frequency and timing of transfers in and out of the state investment board portfolio and charging appropriate fees to cover additional transaction costs caused by such transfers. At the September 1998 meeting of the joint committee on pension policy, the state investment board shall report on its progress in identifying and implementing administrative changes required by this section. If the state investment board determines that statutory changes are required to achieve the goals specified in this section, the state investment board shall recommend alternatives at the September 1998 meeting of the joint committee on pension policy.


             NEW SECTION. Sec. 711. The joint committee on pension policy shall study the policy and the costs of merging the teachers' retirement system and the Washington school employees' retirement system and shall report their findings to the legislature by January 15, 1999.


             NEW SECTION. Sec. 712. The department of retirement systems shall study the ongoing costs of administering the plan III systems, ways to decrease those costs, and methods of charging members for higher-cost investment options. The department shall report to the joint committee on pension policy by September 1998.


             NEW SECTION. Sec. 713. The benefits provided pursuant to chapter . . ., Laws of 1998 (this act) are not provided to employees as a matter of contractual right prior to September 1, 2000. The legislature retains the right to alter or abolish these benefits at any time prior to September 1, 2000.


             NEW SECTION. Sec. 714. Except for sections 306 through 309, 404, 505, 507, 515, 701, 707, and 710 through 713 of this act, this act takes effect September 1, 2000.


             NEW SECTION. Sec. 715. Section 505 of this act expires September 1, 2000.


             NEW SECTION. Sec. 716. Sections 306 through 309, 404, 505, 507, 515, 701, 707, and 710 through 713 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."


             Correct the title.

 

Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Benson; Carlson; Cooke; Crouse; Dyer; Grant; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; D. Schmidt; Sehlin; Sheahan and Talcott.

 

MINORITY recommendation: Do not pass. Signed by Representatives Gombosky, Assistant Ranking Minority Member; Chopp; Cody; Keiser; Kenney; Kessler; Regala and Tokuda.


             Passed to Rules Committee for second reading.


February 27, 1998

SSB 6316          Prime Sponsor, Senate Committee on Law & Justice: Revising procedures for discovery in actions or proceedings for damages against the state. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Carrell; Lambert; Mulliken; Robertson and Sherstad.

 

MINORITY recommendation: Do not pass. Signed by Representatives Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Cody; Kenney and Lantz.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Carrell, Lambert, Mulliken, Robertson and Sherstad.

             Voting Nay: Representatives Costa, Constantine, Cody, Kenney and Lantz.


             Referred to Committee on Appropriations.


February 27, 1998

ESSB 6323       Prime Sponsor, Senate Committee on Law & Justice: Clarifying the law of adverse possession affecting forest land. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Mulliken; Robertson and Sherstad.

 

MINORITY recommendation: Do not pass. Signed by Representatives Constantine, Assistant Ranking Minority Member; and Lantz.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Carrell, Cody, Kenney, Lambert, Mulliken, Robertson and Sherstad.

             Voting Nay: Representatives Constantine and Lantz.


             Passed to Rules Committee for second reading.


February 27, 1998

SSB 6324          Prime Sponsor, Senate Committee on Ways & Means: Rehabilitating salmon and trout populations with a remote site incubator program. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.


             Voting Yea: Representatives Buck, Sump, Regala, Butler, Alexander, Anderson, Chandler, Eickmeyer, Hatfield, and Pennington.

             Excused: Representative Thompson.


             Referred to Committee on Appropriations.


February 26, 1998

ESB 6325         Prime Sponsor, Senator Oke: Authorizing additional state ferry vessels. Reported by Committee on Transportation Policy & Budget

 

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Buck; Constantine; DeBolt; Gardner; Hatfield; Johnson; McCune; Murray; O'Brien; Ogden; Radcliff; Robertson; Romero; Scott; Skinner; Sterk; Wood and Zellinsky.


             Voting Yea: Representatives K. Schmidt, Fisher, Hankins, Mielke, Mitchell, Backlund, Buck, Constantine, Cooper, DeBolt, Gardner, Hatfield, Johnson, McCune, Murray, O'Brien, Ogden, Radcliff, Robertson, Romero, Scott, Skinner, Sterk, Wood and Zellinsky.

             Excused: Representatives Cairnes and Chandler.


             Passed to Rules Committee for second reading.


February 27, 1998

ESSB 6328       Prime Sponsor, Senate Committee on Natural Resources & Park: Enacting the fish and wildlife code enforcement act. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 77.16 RCW to read as follows:

             (1) A person is guilty of spotlighting big game in the second degree if the person hunts big game with the aid of a spotlight or other artificial light while in possession or control of a firearm, bow and arrow, or cross bow.

             (2) A person is guilty of spotlighting big game in the first degree if:

             (a) The person has any prior conviction for gross misdemeanor or felony for a crime under this title involving big game including but not limited to subsection (1) of this section; and

             (b) Within ten years of the date that such prior conviction was entered the person violates subsection (1) of this section.

             (3)(a) Spotlighting big game in the second degree is a gross misdemeanor.

             (b) Spotlighting big game in the first degree is a class C felony. Upon conviction, the court shall order suspension of all privileges to hunt wildlife for a period of two years.


             NEW SECTION. Sec. 2. A new section is added to chapter 77.16 RCW to read as follows:

             (1) A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if:

             (a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in a motor vehicle; and

             (b) The rifle or shotgun contains shells or cartridges in the magazine or chamber, or is a muzzle-loading firearm that is loaded and capped or primed.

             (2) A person is guilty of unlawful use of a loaded firearm if the person negligently shoots a firearm from, across, or along the maintained portion of a public highway.

             (3) A violation of this section is a misdemeanor.

             (4) This section does not apply if the person:

             (a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction;

             (b) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities.


             NEW SECTION. Sec. 3. The following acts or parts of acts are each repealed:

             (1)        RCW 77.16.050 and 1980 c 78 s 73 & 1955 c 36 s 77.16.050;

             (2)        RCW 77.16.250 and 1989 c 297 s 5, 1980 c 78 s 93, & 1955 c 36 s 77.16.250; and

             (3)        RCW 77.16.260 and 1980 c 78 s 94, 1955 c 85 s 1, & 1955 c 36 s 77.16.260."


             Correct the title.

 

Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.

 

MINORITY recommendation: Do not pass. Signed by Representatives Regala, Ranking Minority Member; and Butler, Assistant Ranking Minority Member.


             Voting Yea: Representatives Buck, Sump, Alexander, Anderson, Chandler, Eickmeyer, Hatfield, and Pennington.

             Voting Nay: Representatives Regala and Butler.

             Excused: Representative Thompson.


             Passed to Rules Committee for second reading.


February 27, 1998

SB 6329            Prime Sponsor, Senator Deccio: Providing for a certain disclosure of health care information without patient's authorization. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 70.02.050 and 1993 c 448 s 4 are each amended to read as follows:

             (1) A health care provider may disclose health care information about a patient without the patient's authorization to the extent a recipient needs to know the information, if the disclosure is:

             (a) To a person who the provider reasonably believes is providing health care to the patient;

             (b) To any other person who requires health care information for health care education, or to provide planning, quality assurance, peer review, or administrative, legal, financial, or actuarial services to the health care provider; or for assisting the health care provider in the delivery of health care and the health care provider reasonably believes that the person:

             (i) Will not use or disclose the health care information for any other purpose; and

             (ii) Will take appropriate steps to protect the health care information;

             (c) To any other health care provider reasonably believed to have previously provided health care to the patient, to the extent necessary to provide health care to the patient, unless the patient has instructed the health care provider in writing not to make the disclosure;

             (d) To any person if the health care provider reasonably believes that disclosure will avoid or minimize an imminent danger to the health or safety of the patient or any other individual, however there is no obligation under this chapter on the part of the provider to so disclose;

             (e) Oral, and made to immediate family members of the patient, or any other individual with whom the patient is known to have a close personal relationship, if made in accordance with good medical or other professional practice, unless the patient has instructed the health care provider in writing not to make the disclosure;

             (f) To a health care provider who is the successor in interest to the health care provider maintaining the health care information;

             (g) For use in a research project that an institutional review board has determined:

             (i) Is of sufficient importance to outweigh the intrusion into the privacy of the patient that would result from the disclosure;

             (ii) Is impracticable without the use or disclosure of the health care information in individually identifiable form;

             (iii) Contains reasonable safeguards to protect the information from redisclosure;

             (iv) Contains reasonable safeguards to protect against identifying, directly or indirectly, any patient in any report of the research project; and

             (v) Contains procedures to remove or destroy at the earliest opportunity, consistent with the purposes of the project, information that would enable the patient to be identified, unless an institutional review board authorizes retention of identifying information for purposes of another research project;

             (h) To a person who obtains information for purposes of an audit, if that person agrees in writing to:

             (i) Remove or destroy, at the earliest opportunity consistent with the purpose of the audit, information that would enable the patient to be identified; and

             (ii) Not to disclose the information further, except to accomplish the audit or report unlawful or improper conduct involving fraud in payment for health care by a health care provider or patient, or other unlawful conduct by the health care provider;

             (i) To an official of a penal or other custodial institution in which the patient is detained;

             (j) To provide directory information, unless the patient has instructed the health care provider not to make the disclosure;

             (k) In the case of a hospital or health care provider to provide, in cases reported by fire, police, sheriff, or other public authority, name, residence, sex, age, occupation, condition, diagnosis, or extent and location of injuries as determined by a physician, and whether the patient was conscious when admitted.

             (2) A health care provider shall disclose health care information about a patient without the patient's authorization if the disclosure is:

             (a) To federal, state, or local public health authorities, to the extent the health care provider is required by law to report health care information; when needed to determine compliance with state or federal licensure, certification or registration rules or laws; or when needed to protect the public health;

             (b) To federal, state, or local law enforcement authorities to the extent the health care provider is required by law;

             (c) To county coroners and medical examiners for the investigations of deaths;

             (d) Pursuant to compulsory process in accordance with RCW 70.02.060.

             (3) All state or local agencies obtaining patient health care information pursuant to this section shall adopt rules establishing their record acquisition, retention, and security policies that are consistent with this chapter.


             NEW SECTION. Sec. 2. A new section is added to chapter 46.61 RCW to read as follows:

             (1) A health care provider furnishing medical care in a health care facility to a person involved in a motor vehicle accident may report to any law enforcement officer present at the health care facility a patient's blood alcohol level obtained as part of the medical care of that patient when that level meets or exceeds .10, and the health care provider has a reasonable belief that the patient was involved in the motor vehicle accident while under the influence of alcohol. If no officer is present, the health care provider may notify the sheriff's department in the county where the accident occurred. The notice by the health care provider shall consist of the name of the person being treated, the blood alcohol level disclosed by the test, the blood sample that gave rise to the reported blood alcohol level, and the date and time of the administration of the test.

             (2) A health care provider complying with this section shall not be liable to a patient about whom he or she reported except for intentional misconduct. A health care provider shall not be liable for failing to report the patient's blood alcohol level to a person subsequently injured by a patient, due in whole or in part to the patient's driving being impaired by alcohol consumption. No professional liability shall attach for a health care provider reporting or not reporting a patient's blood alcohol level."


             Correct the title.

 

Signed by Representatives Dyer, Chairman; Backlund, Vice Chairman; Skinner, Vice Chairman; Anderson; Parlette; Sherstad and Zellinsky.

 

MINORITY recommendation: Do not pass. Signed by Representatives Cody, Ranking Minority Member; Murray, Assistant Ranking Minority Member; Conway and Wood.


             Voting Yea: Representatives Dyer, Backlund, Skinner, Anderson, Parlette, Sherstad and Zellinsky.

             Voting Nay: Representatives Cody, Murray, Conway and Wood.


             Passed to Rules Committee for second reading.


February 27, 1998

2SSB 6330        Prime Sponsor, Senate Committee on Ways & Means: Modifying provisions concerning recreational fish and wildlife licenses. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 75.25.080 and 1993 sp.s. c 17 s 5, 1993 sp.s. c 2 s 42, and 1993 c 201 s 1 are each reenacted and amended to read as follows:

             (1) The commission shall authorize the director to issue designated harvester cards to persons of disability. The commission shall adopt rules governing the conduct of persons of disability who fish and harvest shellfish and their designated harvesters.

             (2) It is lawful to fish for, take, or possess the personal-use daily bag limit of shellfish, game fish, or food fish for a disabled person if the harvester is licensed and has a designated harvester card, and if the disabled person is ((licensed and)) present on site and in possession of a ((physical disability permit issued by the director)) combination fishing license issued under section 19 of this act.

             (((2) An application for a physical disability permit)) (3) A designated harvester card will be issued to such a licensee upon written application to the director. The application must be submitted on a department official form and must be accompanied by a licensed medical doctor's certification of disability.

             (((3) A person with a physical disability permit)) (4) A person with a combination fishing license issued under section 19 of this act is not required to be present at the location where ((another person is digging razor clams)) the designated harvester is harvesting shellfish for the disabled person. The ((physical disability permittee)) licensee is required to be in the direct line of sight of the ((person digging razor clams)) designated harvester who is harvesting shellfish for him or her, unless it is not possible to be in a direct line of sight because of a physical obstruction or other barrier. If such a barrier or obstruction exists, the ((physical disability permittee)) licensee is required to be within one-quarter mile of the ((person who is digging razor clams)) designated harvester who is harvesting shellfish for him or her.

             (5) Except as provided in subsection (4) of this section, the disabled person needs to be present and participating in the fishing activity.


             Sec. 2. RCW 75.25.092 and 1994 c 255 s 4 are each amended to read as follows:

             (1) A personal use shellfish and seaweed license is required for all persons other than residents or nonresidents under ((fifteen)) twelve years of age to fish for, take, dig for, or possess seaweed or shellfish ((except crawfish (Pacifastacus sp.))) for personal use from state waters or offshore waters including national park beaches.

             (2) The fees for annual personal use shellfish and seaweed licenses are:

             (a) For a resident ((fifteen years of age or older and under seventy years of age)), ((five)) seven dollars;

             (b) For a ((resident seventy years of age or older)) nonresident, ((three)) twenty dollars; and

             (c) For a ((nonresident, twenty dollars.

             (3) The fee for a three-consecutive-day personal use shellfish and seaweed license is)) senior, five dollars.


             Sec. 3. RCW 75.25.120 and 1994 c 255 s 6 are each amended to read as follows:

             In concurrent waters of the Columbia river and in Washington coastal territorial waters from the Oregon-Washington boundary to a point five nautical miles north, an Oregon angling license comparable to the Washington personal use ((food fish license or three-consecutive-day personal use food fish)) fishing license is valid if Oregon recognizes as valid the Washington personal use ((food fish license or three-consecutive-day personal use food fish)) fishing license in comparable Oregon waters.

             If Oregon recognizes as valid the Washington personal use ((food fish license or three-consecutive-day personal use food fish)) fishing license southward to Cape Falcon in the coastal territorial waters from the Washington-Oregon boundary and in concurrent waters of the Columbia river then Washington shall recognize a valid Oregon license comparable to the Washington personal use ((food fish license or three-consecutive-day personal use food fish)) fishing license northward to Leadbetter Point.

             Oregon licenses are not valid for the taking of food fish or game fish when angling in concurrent waters of the Columbia river from the Washington shore.


             Sec. 4. RCW 75.25.140 and 1993 sp.s. c 17 s 8 are each amended to read as follows:

             (1) Recreational licenses are not transferable. Upon request of a ((fisheries patrol)) fish and wildlife officer, ex officio ((fisheries patrol)) fish and wildlife officer, or authorized ((fisheries)) fish and wildlife employee, a person digging for, fishing for, or possessing shellfish, (([or])) or seaweed or fishing for or possessing food fish or game fish for personal use shall exhibit the required recreational license and write his or her signature for comparison with the signature on the license. Failure to comply with the request is prima facie evidence that the person does not have a license or is not the person named on the license.

             (2) The personal use shellfish and seaweed license shall be visible on the licensee while harvesting shellfish or seaweed.


             Sec. 5. RCW 75.25.190 and 1989 c 305 s 10 are each amended to read as follows:

             Catch record cards necessary for proper management of the state's food fish and game fish species and shellfish resources shall be administered under rules adopted by the ((director)) commission and issued at no charge.


             Sec. 6. RCW 77.32.005 and 1989 c 305 s 17 are each amended to read as follows:

             ((For the purposes of)) The definitions in this section apply throughout this chapter((:)) unless the context clearly requires otherwise.

             ((A)) (1) "Resident" means a person who has maintained a permanent place of abode within this state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within this state, and who is not licensed to hunt or fish as a resident in another state.

             ((A)) (2) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

             (3) "Youth" means a person twelve years old or older and under sixteen years old for fishing and under sixteen years old for hunting.

             (4) "Senior" means a person seventy years old or older.

             (5) "Food fish" has the same meaning as found in RCW 75.08.011.

             (6) "Shellfish" has the same meaning as found in RCW 75.08.011.

             (7) "Seaweed" has the same meaning as found in RCW 75.08.011.

             (8) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.

             (9) "Saltwater" means those marine waters seaward of river mouths.

             (10) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.

             (11) "State waters" means all marine waters and freshwaters within ordinary high water lines and within the territorial boundaries of the state.

             (12) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.


             Sec. 7. RCW 77.32.010 and 1987 c 506 s 76 are each amended to read as follows:

             (1) Except as otherwise provided in this chapter, a license issued by the director is required to:

             (a) Hunt for wild animals, except bullfrogs, or wild birds ((or)), fish ((for game fish)) or harvest shellfish and seaweed, except smelt, albacore, carp, and crawfish;

             (b) Practice taxidermy for profit;

             (c) Deal in raw furs for profit;

             (d) Act as a fishing guide;

             (e) Operate a game farm;

             (f) Purchase or sell anadromous game fish; or

             (g) Use department-managed lands or facilities as provided by rules adopted pursuant to this title.

             (2) A permit issued by the director is required to:

             (a) Conduct, hold, or sponsor hunting or fishing contests or competitive field trials using live wildlife;

             (b) Collect wild animals, wild birds, game fish, food fish, shellfish, or protected wildlife for research or display; or

             (c) Stock game fish.

             (3) Aquaculture as defined in RCW 15.85.020 is exempt from the requirements of this section, except when being stocked in public waters under contract with the department.


             Sec. 8. RCW 77.32.014 and 1997 c 58 s 881 are each amended to read as follows:

             (1) Licenses, tags, and stamps issued pursuant to this chapter shall be invalid for any period in which a person is certified by the department of social and health services or a court of competent jurisdiction as a person in noncompliance with a support order ((or residential or visitation order)). Fish and wildlife ((agents)) officers and ex officio fish and wildlife ((agents)) officers shall enforce this section through checks of the department of licensing's computer data base. A listing on the department of licensing's data base that an individual's license is currently suspended pursuant to RCW 46.20.291(7) shall be prima facie evidence that the individual is in noncompliance with a support order ((or residential or visitation order)). Presentation of a written release issued by the department of social and health services stating that the person is in compliance with an order shall serve as prima facie proof of compliance with a support order((, residential order, or visitation order)).

             (2) It is unlawful to purchase, obtain, or possess a license required by this chapter during any period in which a license is suspended.


             Sec. 9. RCW 77.32.025 and 1996 c 20 s 2 are each amended to read as follows:

             Notwithstanding RCW 77.32.010, the commission may adopt rules designating times and places for the purposes of family fishing days when licenses and catch record cards are not required to fish ((for game fish, including steelhead trout)) or to harvest shellfish.


             Sec. 10. RCW 77.32.050 and 1996 c 101 s 8 are each amended to read as follows:

             All recreational licenses, permits, tags, and stamps required by this chapter and raffle tickets authorized under chapter 77.12 RCW shall be issued under the authority of the commission. ((The director may authorize department personnel, county auditors, or other reputable citizens to issue licenses, permits, tags, stamps, and raffle tickets, and collect the appropriate fees. The authorized persons shall pay on demand or before the tenth day of the following month the fees collected and shall make reports as required by the director.)) The ((director may)) commission shall adopt rules for ((issuing)) the issuance of recreational licenses, permits, tags, stamps, and raffle tickets, ((collecting and paying fees, and making reports)) and for the collection, payment, and handling of license fees, terms and conditions to govern dealers, and dealers' fees. Fees retained by dealers shall be uniform throughout the state.


             Sec. 11. RCW 77.32.070 and 1995 c 116 s 3 are each amended to read as follows:

             Applicants for a license, permit, tag, or stamp shall furnish the information required by the director. The ((director)) commission may adopt rules requiring licensees or permittees to keep records and make reports concerning the taking of fish, shellfish, and wildlife.


             Sec. 12. RCW 77.32.090 and 1996 c 101 s 10 are each amended to read as follows:

             The ((director)) commission may adopt rules pertaining to the form, period of validity, use, possession, and display of licenses, permits, tags, and stamps required by this chapter and raffle tickets authorized under chapter 77.12 RCW.


             NEW SECTION. Sec. 13. The commission shall adopt rules to continue funding current enhancement programs at levels equal to the participation of licensees in each of the individual enhancement programs. All enhancement funding will continue to be deposited directly into the individual accounts created for each enhancement.


             NEW SECTION. Sec. 14. (1) A big game hunting license is required to hunt for big game. A big game license allows the holder to hunt for forest grouse and the individual species identified within a specific big game combination license package. Each big game license includes one transport tag for each species purchased in that package. A hunter may not purchase more than one license for each big game species except as authorized by rule of the commission. The fees for annual big game combination packages are as follows:

             (a) Big game number 1: Deer, elk, bear, and cougar. The fee for this license is sixty-six dollars for residents, six hundred sixty dollars for nonresidents, and thirty-three dollars for youth.

             (b) Big game number 2: Deer and elk. The fee for this license is fifty-six dollars for residents, five hundred sixty dollars for nonresidents, and twenty-eight dollars for youth.

             (c) Big game number 3: Deer or elk, bear, and cougar. At the time of purchase, the holder must identify either deer or elk. The fee for this license is forty-six dollars for residents, four hundred sixty dollars for nonresidents, and twenty-three dollars for youth.

             (d) Big game number 4: Deer or elk. At the time of purchase, the holder must identify either deer or elk. The fee for this license is thirty-six dollars for residents, three hundred sixty dollars for nonresidents, and eighteen dollars for youth.

             (e) Big game number 5: Bear and cougar. The fee for this license is twenty dollars for residents, two hundred dollars for nonresidents, and ten dollars for youth.

             (2) In the event that the commission authorizes a two animal big game limit, the fees for the second animal are as follows:

             (a) Elk: The fee is twenty dollars for residents, two hundred dollars for nonresidents, and ten dollars for youth.

             (b) Deer: The fee is twenty dollars for residents, two hundred dollars for nonresidents, and ten dollars for youth.

             (c) Bear: The fee is ten dollars for residents, one hundred dollars for nonresidents, and five dollars for youth.

             (d) Cougar: The fee is ten dollars for residents, one hundred dollars for nonresidents, and five dollars for youth.

             (3) In the event that the commission authorizes a special permit hunt for goat, sheep, or moose, the permit fees are as follows:

             (a) Mountain goat: The fee is one hundred dollars for residents, one thousand dollars for nonresidents, and fifty dollars for youth.

             (b) Sheep: The fee is one hundred dollars for residents, one thousand dollars for nonresidents, and fifty dollars for youth.

             (c) Moose: The fee is one hundred dollars for residents, one thousand dollars for nonresidents, and fifty dollars for youth.

             Authorization to hunt the species set out under subsection (3)(a) through (c) of this section is by special permit identified under RCW 77.32.370.

             (4) The commission may adopt rules to reduce the price of a license or eliminate the transportation tag requirements concerning bear or cougar when necessary to meet harvest objectives.


             NEW SECTION. Sec. 15. (1) A small game hunting license is required to hunt for all wild animals and wild birds, except big game. The small game license includes one transport tag for turkey.

             (a) The fee for this license is thirty dollars for residents, one hundred fifty dollars for nonresidents, and fifteen dollars for youth.

             (b) The fee for this license if purchased in conjunction with a big game combination license package is sixteen dollars for residents, eighty dollars for nonresidents, and eight dollars for youth.

             (c) The fee for a three-consecutive-day small game license is fifty dollars for nonresidents.

             (2) The fee for each additional turkey tag is eighteen dollars for residents, sixty dollars for nonresidents, and nine dollars for youth.


             NEW SECTION. Sec. 16. (1) A personal use saltwater, freshwater, combination, temporary, or family fishing weekend license is required for all persons twelve years of age or older to fish for or possess fish taken for personal use from state waters or offshore waters.

             (2) The fees for annual personal use saltwater, freshwater, or combination licenses are as follows:

             (a) A combination license allows the holder to fish for or possess fish, shellfish, and seaweed from state waters or offshore waters. The fee for this license is thirty-six dollars for residents, seventy-two dollars for nonresidents, and five dollars for youth.

             (b) A saltwater license allows the holder to fish for or possess fish taken from saltwater areas. The fee for this license is eighteen dollars for residents, thirty-six dollars for nonresidents, and five dollars for resident seniors.

             (c) A freshwater license allows the holder to fish for, take, or possess food fish or game fish species in all freshwater areas. The fee for this license is twenty dollars for residents, forty dollars for nonresidents, and five dollars for resident seniors.

             (3) A temporary fishing license is valid for two consecutive days and allows the holder to fish for or possess fish taken from state waters or offshore waters. The fee for this temporary fishing license is six dollars for both residents and nonresidents. This license is not valid on game fish species for an eight-consecutive-day period beginning on the opening day of the lowland lake fishing season.

             (4) A family fishing weekend license allows for a maximum of six anglers: One resident and five youth; two residents and four youth; or one resident, one nonresident, and four youth. This license allows the holders to fish for or possess fish taken from state waters or offshore waters. The fee for this license is twenty dollars. This license is only valid during periods as specified by rule of the department.

             (5) The commission may adopt rules to create and sell combination licenses for all hunting and fishing activities at or below a fee equal to the total cost of the individual license contained within any combination.


             Sec. 17. RCW 77.32.155 and 1993 c 85 s 1 are each amended to read as follows:

             When purchasing ((a)) any hunting license, persons under the age of eighteen shall present certification of completion of a course of instruction of at least ten hours in the safe handling of firearms, safety, conservation, and sportsmanship. Beginning January 1, 1995, all persons purchasing ((a)) any hunting license for the first time, if born after January 1, 1972, shall present such certification.

             The director may establish a program for training persons in the safe handling of firearms, conservation, and sportsmanship and may cooperate with the National Rifle Association, organized sportsmen's groups, or other public or private organizations.

             The director shall prescribe the type of instruction and the qualifications of the instructors.

              Upon successful completion of the course, a trainee shall receive a hunter education certificate signed by an authorized instructor. The certificate is evidence of compliance with this section.

             The director may accept certificates from other states that persons have successfully completed firearm safety, hunter education, or similar courses as evidence of compliance with this section.


             NEW SECTION. Sec. 18. All hunting licenses shall, upon written application, be issued at the reduced rate of a youth hunting license fee for the following individuals:

             (1) A resident sixty-five years old or older who is an honorably discharged veteran of the United States armed forces having a service-connected disability;

             (2) Residents who are honorably discharged veterans of the United States armed forces with a thirty percent or more service-connected disability; and

             (3) An honorably discharged veteran of the United States armed forces who is a resident and is confined to a wheelchair.


             NEW SECTION. Sec. 19. A combination fishing license shall, upon written application, be issued at the reduced rate of five dollars to the following individuals:

             (1) Residents who are honorably discharged veterans of the United States armed forces with a thirty percent or more service-connected disability;

             (2) A person who is blind;

             (3) A person with a developmental disability as defined in RCW 71A.10.020 with documentation of the disability certified by a physician licensed to practice in this state; and

             (4) A person who is physically disabled and confined to a wheelchair.


             Sec. 20. RCW 77.32.235 and 1990 c 35 s 4 are each amended to read as follows:

             Physically or mentally ((handicapped)) disabled persons, mentally ill persons, hospital patients, and senior citizens who are in the care of a state-licensed or state-operated care facility may fish ((for game fish)) and harvest shellfish during open season without individual licenses or the payment of individual license fees if such fishing activity is occasional, is conducted in a group supervised by staff of ((a state-licensed or state-operated)) the care facility, and the facility holds a group fishing permit issued by the director. The director shall issue such a permit upon application by care facility staff.


             Sec. 21. RCW 77.32.240 and 1991 sp.s. c 7 s 6 are each amended to read as follows:

             A scientific permit allows the holder to collect for research or display food fish, game fish, shellfish, and wildlife ((or their)), including avian nests and eggs as required in RCW 77.32.010, under conditions prescribed by the director. Before a permit is issued, the applicant shall demonstrate to the director their qualifications and establish the need for the permit. The director may require a bond of up to one thousand dollars to ((insure)) ensure compliance with the permit. Permits are valid for the time specified, unless sooner revoked.

             Holders of permits may exchange specimens with the approval of the director.

             A permit holder who violates this section shall forfeit the permit and bond and shall not receive a similar permit for one year. The fee for a scientific permit is twelve dollars.


             Sec. 22. RCW 77.32.250 and 1996 c 101 s 12 are each amended to read as follows:

             Licenses, permits, tags, and stamps required by this chapter and raffle tickets authorized under chapter 77.12 RCW shall not be transferred ((and, unless otherwise provided in this chapter, are void on January 1st following the year for which the license, permit, tag, stamp, or raffle ticket was issued)).

             Upon request of a fish and wildlife ((agent)) officer or ex officio fish and wildlife ((agent)) officer, persons licensed, operating under a permit, or possessing wildlife under the authority of this chapter shall produce required licenses, permits, tags, stamps, or raffle tickets for inspection and write their signatures for comparison and in addition display their wildlife. Failure to comply with the request is prima facie evidence that the person has no license or is not the person named.


             Sec. 23. RCW 77.32.320 and 1997 c 114 s 1 are each amended to read as follows:

             (1) ((In addition to a basic hunting license, a separate transport tag is)) The correct licenses and tags are required to hunt deer, elk, black bear, cougar, sheep, mountain goat, moose, or wild turkey((. However, a transport tag may not be required to hunt black bear or cougar when, under conditions set out under RCW 77.32.340, the commission determines that for the purposes of achieving harvest management goals for black bear or cougar, that transport tags shall be available at no cost)) except as provided in section 14 of this act.

             (2) ((A transport tag may only be obtained subsequent to the purchase of a valid hunting license and must have permanently affixed to it the hunting license number.

             (3))) Persons who kill deer, elk, bear, cougar, mountain goat, sheep, moose, or wild turkey shall immediately validate and attach their own transport tag to the carcass as provided by rule of the director.

             (((4) Transport tags required by this section expire on March 31st following the date of issuance.))


             Sec. 24. RCW 77.32.350 and 1992 c 41 s 1 are each amended to read as follows:

             In addition to a basic hunting license, a supplemental license, permit, or stamp is required to hunt for quail, partridge, pheasant, or migratory waterfowl, to hunt with a raptor, or to hunt wild animals with a dog.

             (1) A hound permit is required to hunt wild animals, except rabbits and hares, with a dog. The fee for this permit is twelve dollars.

             (2) An eastern Washington upland game bird permit is required to hunt for quail, partridge, and pheasant in eastern Washington. The fee for this permit is ten dollars.

             (3) A western Washington upland game bird permit is required to hunt for quail, partridge, and pheasant in western Washington. The fee for this permit is thirty-five dollars. Western Washington upland game bird permits must contain numbered spaces for recording the location and date of harvest of each western Washington pheasant. It is unlawful to harvest a western Washington pheasant without immediately recording this information on the permit.

             (4) Effective January 1, 1993, the permit shall be available as a season option, a juvenile full season option, or a two-day option. The fee for this permit is:

             (a) For the full season option, thirty-five dollars;

             (b) For the juvenile full season or the two-day option, twenty dollars.

             For the purposes of this subsection a juvenile is defined as a person under fifteen years of age upon the opening date of the western Washington pheasant season.

             (5) Western Washington upland game permits are valid for the following number of pheasants and harvesting pheasants in excess of these numbers requires another permit:

             (a) A full season permit is valid for no more than ten pheasants;

             (b) A juvenile full season permit is valid for no more than six pheasants;

             (c) A two-day permit is valid for no more than four pheasants.

             (6) A falconry license is required to possess or hunt with a raptor, including seasons established exclusively for hunting in that manner. The fee for this license is thirty-six dollars.

             (7) A migratory ((waterfowl)) bird stamp affixed to a ((basic)) hunting license designated by rule of the commission is required for all persons ((sixteen years of age or older)) to hunt migratory ((waterfowl)) birds. The fee for the stamp for hunters is six dollars for residents and nonresidents and three dollars for youth under age sixteen. The fee for the stamp for collectors is six dollars.

             (8) The migratory ((waterfowl)) bird stamp shall be validated by the signature of the licensee written across the face of the stamp.

             (9) The migratory ((waterfowl)) bird stamps required by this section expire on March 31st following the date of issuance.


             Sec. 25. RCW 77.32.350 and 1998 c ... s 24 (section 24 of this act) are each amended to read as follows:

             In addition to a ((basic)) small game hunting license, a supplemental ((license,)) permit((,)) or stamp is required to hunt for ((quail, partridge,)) western Washington pheasant((,)) or migratory ((waterfowl, to hunt with a raptor, or to hunt wild animals with a dog)) birds.

             (1) ((A hound permit is required to hunt wild animals, except rabbits and hares, with a dog. The fee for this permit is twelve dollars.

             (2) An eastern Washington upland game bird permit is required to hunt for quail, partridge, and pheasant in eastern Washington. The fee for this permit is ten dollars.

             (3))) A western Washington ((upland game bird)) pheasant permit is required to hunt for ((quail, partridge, and)) pheasant in western Washington. ((The fee for this permit is thirty-five dollars.)) Western Washington ((upland game bird)) pheasant permits must contain numbered spaces for recording the location and date of harvest of each western Washington pheasant. It is unlawful to harvest a western Washington pheasant without immediately recording this information on the permit.

             (((4) Effective January 1, 1993,)) (2) The permit shall be available as a season option, a ((juvenile)) youth full season option, or a ((two-day)) three-day option. The fee for this permit is:

             (a) For the resident and nonresident full season option, ((thirty-five)) thirty-six dollars;

             (b) For the ((juvenile)) youth full season ((or the two-day)) option, ((twenty)) eighteen dollars;

             (c) For the three-day option, twenty dollars.

             ((For the purposes of this subsection a juvenile is defined as a person under fifteen years of age upon the opening date of the western Washington pheasant season.

             (5) Western Washington upland game permits are valid for the following number of pheasants and harvesting pheasants in excess of these numbers requires another permit:

             (a) A full season permit is valid for no more than ten pheasants;

             (b) A juvenile full season permit is valid for no more than six pheasants;

             (c) A two-day permit is valid for no more than four pheasants.

             (6) A falconry license is required to possess or hunt with a raptor, including seasons established exclusively for hunting in that manner. The fee for this license is thirty-six dollars.

             (7))) (3) A migratory bird stamp affixed to a hunting license designated by rule of the commission is required for all persons to hunt migratory birds. The fee for the stamp for hunters is six dollars for residents and nonresidents and three dollars for youth under age sixteen. The fee for the stamp for collectors is six dollars.

             (((8))) (4) The migratory bird stamp shall be validated by the signature of the licensee written across the face of the stamp.

             (((9) The migratory bird stamps required by this section expire on March 31st following the date of issuance.))


             Sec. 26. RCW 77.32.370 and 1991 sp.s. c 7 s 11 are each amended to read as follows:

             (1) A special hunting season permit is required to hunt in each special season established under chapter 77.12 RCW.

             (2) Persons may apply for special hunting season permits as provided by rule of the ((director)) commission.

             (3) The application fee to ((participate in)) enter the drawing for a special hunting ((season)) permit is ((three)) five dollars for residents, fifty dollars for nonresidents, and three dollars for youth.


             Sec. 27. RCW 75.50.100 and 1995 1st sp.s. c 2 s 39 are each amended to read as follows:

             The dedicated regional fisheries enhancement group account is created in the custody of the state treasurer. Only the commission or the commission's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

             A ((surcharge of one dollar shall be collected on each recreational personal use food fish license sold in the state)) portion of each recreational fishing license fee shall be used as provided in section 13 of this act. A surcharge of one hundred dollars shall be collected on each commercial salmon fishery license, each salmon delivery license, and each salmon charter license sold in the state. The department shall study methods for collecting and making available, an annual list, including names and addresses, of all persons who obtain recreational and commercial salmon fishing licenses. This list may be used to assist formation of the regional fisheries enhancement groups and allow the broadest participation of license holders in enhancement efforts. The results of the study shall be reported to the house of representatives fisheries and wildlife committee and the senate environment and natural resources committee by October 1, 1990. All receipts shall be placed in the regional fisheries enhancement group account and shall be used exclusively for regional fisheries enhancement group projects for the purposes of RCW 75.50.110. Funds from the regional fisheries enhancement group account shall not serve as replacement funding for department operated salmon projects that exist on January 1, 1991.

             All revenue from the department's sale of salmon carcasses and eggs that return to group facilities shall be deposited in the regional fisheries enhancement group account for use by the regional fisheries enhancement group that produced the surplus. The commission shall adopt rules to implement this section pursuant to chapter 34.05 RCW.


             Sec. 28. RCW 75.54.140 and 1997 c 197 s 1 are each amended to read as follows:

             ((Beginning January 1, 1994, persons who recreationally fish for salmon or marine bottomfish in marine area codes 5 through 13 and Lake Washington and have an annual food fish license shall be assessed an annual recreational surcharge of ten dollars, in addition to other licensing requirements. Persons who recreationally fish for salmon or marine bottomfish in marine area codes 5 through 13 and Lake Washington with a three-consecutive-day personal use food fish license shall be assessed an annual recreational surcharge of five dollars. Funds from the surcharge)) As provided in section 13 of this act, a portion of each saltwater and combination fishing license fee shall be deposited in the recreational fisheries enhancement account created in RCW 75.54.150((, except that the first five hundred thousand dollars shall be deposited in the general fund before June 30, 1995, to repay the appropriation made by section 104, chapter 2, Laws of 1993 sp. sess)).


             Sec. 29. RCW 77.44.030 and 1996 c 222 s 3 are each amended to read as follows:

             (1) ((A warm water game fish surcharge allows a person to fish throughout the state for)) As provided in section 13 of this act, a portion of each freshwater and combination fishing license fee shall be deposited into the warm water game fish account.

             (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))) (3) A warm water game fish ((surcharge)) account shall ((only)) be ((required to fish)) used for((:)) enhancement of largemouth bass, smallmouth bass, walleye, black crappie, white crappie, channel catfish, and tiger musky.


             Sec. 30. RCW 77.12.810 and 1997 c 422 s 4 are each amended to read as follows:

             ((Beginning September 1, 1997, a person who hunts for pheasant in eastern Washington must pay an annual surcharge of ten dollars, in addition to other licensing requirements. Funds from the surcharge must be)) As provided in section 13 of this act, a portion of each small game hunting license fee shall be deposited in the eastern Washington pheasant enhancement account created in RCW 77.12.820.


             Sec. 31. RCW 77.08.045 and 1987 c 506 s 12 are each amended to read as follows:

             As used in this title or rules adopted pursuant to this title:

             (1) "Migratory waterfowl" means members of the family Anatidae, including brants, ducks, geese, and swans;

             (2) "Migratory bird" means migratory waterfowl and coots, snipe, doves, and band-tailed pigeon;

             (3) "Migratory ((waterfowl)) bird stamp" means the stamp that is required by RCW 77.32.350 to be in the possession of all persons ((over sixteen years of age)) to hunt migratory ((waterfowl)) birds;

             (((3))) (4) "Prints and artwork" means replicas of the original stamp design that are sold to the general public. Prints and artwork are not to be construed to be the migratory ((waterfowl)) bird stamp that is required by RCW 77.32.350. Artwork may be any facsimile of the original stamp design, including color renditions, metal duplications, or any other kind of design; and

             (((4))) (5) "Migratory waterfowl art committee" means the committee created by RCW 77.12.680. The committee's primary function is to select the annual migratory ((waterfowl)) bird stamp design.


             Sec. 32. RCW 77.12.670 and 1987 c 506 s 53 are each amended to read as follows:

             (1) The migratory ((waterfowl)) bird stamp to be produced by the department shall use the design as provided by the migratory waterfowl art committee.

             (2) All revenue derived from the sale of the stamps by the department to any person hunting waterfowl or to any stamp collector shall be deposited in the state wildlife fund and shall be used only for that portion of the cost of printing and production of the stamps for migratory waterfowl hunters as determined by subsection (4) of this section, and for those migratory waterfowl projects specified by the director of the department for the acquisition and development of migratory waterfowl habitat in the state and for the enhancement, protection, and propagation of migratory waterfowl in the state.

             (3) All revenue derived from the sale of the stamp by the department to persons hunting solely nonwaterfowl migratory birds shall be deposited in the state wildlife fund and shall be used only for that portion of the cost of printing and production of the stamps for nonwaterfowl migratory bird hunters as determined by subsection (4) of this section, and for those nonwaterfowl migratory bird projects specified by the director for the acquisition and development of nonwaterfowl migratory bird habitat in the state and for the enhancement, protection, and propagation of nonwaterfowl migratory birds in the state.

             (4) With regard to the revenue from stamp sales that is not the result of sales to stamp collectors, the department shall determine the proportion of migratory waterfowl hunters and solely nonwaterfowl migratory bird hunters by using the yearly migratory bird hunter harvest information program survey results or, in the event that these results are not available, other similar survey results. A two-year average of the most recent survey results shall be used to determine the proportion of the revenue attributed to migratory waterfowl hunters and the proportion attributed to solely nonwaterfowl migratory bird hunters for each fiscal year. For fiscal year 1998-99 and for fiscal year 1999-2000, ninety-six percent of the stamp revenue shall be attributed to migratory waterfowl hunters and four percent of the stamp revenue shall be attributed to solely nonwaterfowl migratory game hunters.

             (5) Acquisition shall include but not be limited to the acceptance of gifts of real estate or any interest therein or the rental, lease, or purchase of real estate or any interest therein. If the department acquires any fee interest, leasehold, or rental interest in real property under this section, it shall allow the general public reasonable access to that property and shall, if appropriate, insure that the deed or other instrument creating the interest allows such access to the general public. If the department obtains a covenant in real property in its favor or an easement or any other interest in real property under this section, it shall exercise its best efforts to insure that the deed or other instrument creating the interest grants to the general public in the form of a covenant running with the land reasonable access to the property. The private landowner from whom the department obtains such a covenant or easement shall retain the right of granting access to the lands by written permission.

             (6) The department may produce migratory ((waterfowl)) bird stamps in any given year in excess of those necessary for sale in that year. The excess stamps may be sold to the migratory waterfowl art committee for sale to the public.


             Sec. 33. RCW 77.12.690 and 1987 c 506 s 55 are each amended to read as follows:

             The migratory waterfowl art committee is responsible for the selection of the annual migratory ((waterfowl)) bird stamp design and shall provide the design to the department. If the committee does not perform this duty within the time frame necessary to achieve proper and timely distribution of the stamps to license dealers, the director shall initiate the art work selection for that year. The committee shall create collector art prints and related artwork, utilizing the same design as provided to the department. The administration, sale, distribution, and other matters relating to the prints and sales of stamps with prints and related artwork shall be the responsibility of the migratory waterfowl art committee.

             The total amount brought in from the sale of prints and related artwork shall be deposited in the state wildlife fund. The costs of producing and marketing of prints and related artwork, including administrative expenses mutually agreed upon by the committee and the director, shall be paid out of the total amount brought in from sales of those same items. Net funds derived from the sale of prints and related artwork shall be used by the director to contract with one or more appropriate individuals or nonprofit organizations for the development of waterfowl propagation projects within Washington which specifically provide waterfowl for the Pacific flyway. The department shall not contract with any individual or organization that obtains compensation for allowing waterfowl hunting except if the individual or organization does not permit hunting for compensation on the subject property.

             The migratory waterfowl art committee shall have an annual audit of its finances conducted by the state auditor and shall furnish a copy of the audit to the commission and to the natural resources committees of the house and senate.


             Sec. 34. RCW 77.16.310 and 1981 c 310 s 4 are each amended to read as follows:

             It is unlawful to purchase, obtain, or possess or to attempt to purchase or obtain a license, permit, stamp, or tag required by this title:

             (1) By using false information; or

             (2) After notice of the revocation or forfeiture of an existing license, permit, or tag, except that a person may purchase a license that does not grant the privilege that was revoked; or

             (3) In excess of one license, permit, tag, stamp, or punchcard for a license year except as authorized by RCW 77.32.256, section 14 of this act, or other law or rule of the commission.


             Sec. 35. RCW 77.21.020 and 1987 c 506 s 70 are each amended to read as follows:

             In addition to other penalties provided by law, the director shall revoke ((the)) all hunting licenses of a person who is convicted of a violation of RCW 77.16.020 involving big game or RCW 77.16.050. Forfeiture of bail twice during a five-year period for these violations constitutes the basis for a revocation under this section.

             ((A)) No hunting license ((shall not)) may be issued to the person for two years from the revocation.

             A person who has had a license revoked or has been denied issuance pursuant to this section or RCW 77.21.030, may appeal the decision as provided in chapter 34.05 RCW.


             Sec. 36. RCW 77.21.030 and 1987 c 506 s 71 are each amended to read as follows:

             The director shall revoke ((the)) all hunting licenses of a person who shoots another person or domestic livestock while hunting. A hunting license shall not be issued to that person unless the director authorizes the issuance of a license, and damages caused by the wrongful shooting have been paid.


             Sec. 37. RCW 77.16.330 and 1987 c 506 s 104 are each amended to read as follows:

             It is unlawful for any person ((sixteen years of age or older)) to hunt any migratory ((waterfowl)) bird without first obtaining a migratory ((waterfowl)) bird stamp as required by RCW 77.32.350.


             Sec. 38. RCW 77.12.170 and 1996 c 101 s 7 are each amended to read as follows:

             (1) There is established in the state treasury the state wildlife fund which consists of moneys received from:

             (a) Rentals or concessions of the department;

             (b) The sale of real or personal property held for department purposes;

             (c) The sale of licenses, permits, tags, stamps, and punchcards required by this title, except annual resident adult saltwater and all shellfish licenses, which shall be deposited into the state general fund;

             (d) Fees for informational materials published by the department;

             (e) Fees for personalized vehicle license plates as provided in chapter 46.16 RCW;

             (f) Articles or wildlife sold by the director under this title;

             (g) Compensation for wildlife losses or gifts or grants received under RCW 77.12.320;

             (h) Excise tax on anadromous game fish collected under chapter 82.27 RCW;

             (i) The sale of personal property seized by the department for wildlife violations; and

             (j) The department's share of revenues from auctions and raffles authorized by the commission.

             (2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the state wildlife fund.


             Sec. 39. RCW 77.44.010 and 1996 c 222 s 1 are each amended to read as follows:

             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. 40. The department of fish and wildlife has the authority to sell fifteen-month prorated shellfish, fish, and small game licenses to accommodate the change in license year, as defined in RCW 77.32.005. This authority only applies to the period beginning January 1, 1999, and ending April 1, 2000.


             NEW SECTION. Sec. 41. In order to simplify fishing license requirements in transition areas between saltwater and freshwater, the commission may adopt rules designating specific waters where either a freshwater or a saltwater license is valid.


             NEW SECTION. Sec. 42. RCW 75.25.080, 75.25.120, 75.25.140, and 75.25.190 are each recodified as new sections in chapter 77.32 RCW.


             NEW SECTION. Sec. 43. As provided in RCW 77.12.170(1)(c), all recreational license fees deposited into the general fund shall be appropriated for the management, enhancement, research, and enforcement of shellfish and saltwater programs of the department.


             NEW SECTION. Sec. 44. The following acts or parts of acts are each repealed:

                                       (1)        RCW 75.25.005 and 1993 sp.s. c 17 s 4, 1993 sp.s. c 2 s 41, & 1989 c 305 s 1;

                                       (2)        RCW 75.25.091 and 1994 c 255 s 3 & 1993 sp.s. c 17 s 2;

                                       (3)        RCW 75.25.095 and 1996 c 20 s 1, 1995 1st sp.s. c 2 s 31, & 1990 c 34 s 2;

                                       (4)        RCW 75.25.110 and 1994 c 255 s 5, 1993 sp.s. c 17 s 6, 1989 c 305 s 8, 1987 c 87 s 3, 1983 1st ex.s. c 46 s 95, & 1977 ex.s. c 327 s 13;

                                       (5)        RCW 75.25.130 and 1989 c 305 s 11, 1987 c 87 s 6, 1984 c 80 s 7, 1983 1st ex.s. c 46 s 97, & 1977 ex.s. c 327 s 12;

                                       (6)        RCW 75.25.150 and 1994 c 255 s 7, 1993 sp.s. c 17 s 9, 1989 c 305 s 13, 1984 c 80 s 9, & 1983 1st ex.s. c 46 s 99;

                                       (7)        RCW 75.25.170 and 1993 sp.s. c 2 s 43, 1989 c 305 s 16, & 1987 c 87 s 9;

                                       (8)        RCW 75.25.180 and 1994 c 255 s 8;

                                       (9)        RCW 75.25.200 and 1990 c 35 s 2;

                                       (10)      RCW 77.32.092 and 1994 c 255 s 1;

                                       (11)      RCW 77.32.101 and 1997 c 395 s 1, 1994 c 255 s 11, 1991 sp.s. c 7 s 1, 1985 c 464 s 2, 1981 c 310 s 20, 1980 c 78 s 110, & 1975 1st ex.s. c 15 s 20;

                                       (12)      RCW 77.32.161 and 1994 c 255 s 10, 1991 sp.s. c 7 s 2, 1985 c 464 s 3, 1981 c 310 s 22, 1980 c 78 s 112, & 1975 1st ex.s. c 15 s 27;

                                       (13)      RCW 77.32.230 and 1996 c 101 s 11, 1994 c 255 s 12, 1991 sp.s. c 7 s 5, 1988 c 176 s 914, 1987 c 506 s 85, 1985 c 464 s 6, 1985 c 182 s 2, 1983 c 280 s 1, 1981 c 310 s 27, 1980 c 78 s 117, 1973 1st ex.s. c 58 s 1, 1961 c 94 s 2, 1959 c 245 s 2, & 1955 c 36 s 77.32.230;

                                       (14)      RCW 77.32.340 and 1997 c 114 s 2, 1991 sp.s. c 7 s 8, 1990 c 84 s 5, 1985 c 464 s 8, 1984 c 240 s 5, & 1981 c 310 s 11;

                                       (15)      RCW 77.32.352 and 1995 c 59 s 1;

                                       (16)      RCW 77.32.360 and 1996 c 234 s 1, 1995 c 116 s 7, 1991 sp.s. c 7 s 10, 1990 c 84 s 7, 1987 c 506 s 88, 1985 c 464 s 10, & 1981 c 310 s 13; and

                                       (17)      RCW 77.32.390 and 1989 c 153 s 1.


             NEW SECTION. Sec. 45. RCW 77.32.060 and 1996 c 101 s 9, 1995 c 116 s 2, 1987 c 506 s 78, 1985 c 464 s 1, 1981 c 310 s 17, 1980 c 78 s 107, 1979 ex.s. c 3 s 3, 1970 ex.s. c 29 s 2, 1957 c 176 s 2, & 1955 c 36 s 77.32.060 are each repealed.


             NEW SECTION. Sec. 46. The following acts or parts of acts are each repealed effective April 1, 1999:

                                       (1)        RCW 75.08.274 and 1995 1st sp.s. c 2 s 15, 1983 1st ex.s. c 46 s 28, 1971 c 35 s 1, & 1955 c 12 s 75.16.010; and

                                       (2)        RCW 75.25.012 and 1997 c 58 s 880.


             NEW SECTION. Sec. 47. Sections 13 through 16, 18, 19, and 43 of this act are each added to chapter 77.32 RCW.


             NEW SECTION. Sec. 48. Sections 1 through 30, 34 through 36, 38 through 42, and 44 of this act take effect January 1, 1999.


             NEW SECTION. Sec. 49. Sections 10, 24, 31 through 33, 37, 43, and 45 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."


             On page 1, line 1 of the title, after "licenses;" strike the remainder of the title and insert "amending RCW 75.25.092, 75.25.120, 75.25.140, 75.25.190, 77.32.005, 77.32.010, 77.32.014, 77.32.025, 77.32.050, 77.32.070, 77.32.090, 77.32.155, 77.32.235, 77.32.240, 77.32.250, 77.32.320, 77.32.350, 77.32.350, 77.32.370, 75.50.100, 75.54.140, 77.44.030, 77.12.810, 77.08.045, 77.12.670, 77.12.690, 77.16.310, 77.21.020, 77.21.030, 77.16.330, 77.12.170, and 77.44.010; reenacting and amending RCW 75.25.080; adding new sections to chapter 77.32 RCW; creating new sections; recodifying RCW 75.25.080, 75.25.120, 75.25.140, and 75.25.190; repealing RCW 75.25.005, 75.25.091, 75.25.095, 75.25.110, 75.25.130, 75.25.150, 75.25.170, 75.25.180, 75.25.200, 77.32.092, 77.32.101, 77.32.161, 77.32.230, 77.32.340, 77.32.352, 77.32.360, 77.32.390, 77.32.060, 75.08.274, and 75.25.012; prescribing penalties; providing an effective date; and declaring an emergency."

 

Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Eickmeyer; Hatfield and Pennington.

 

MINORITY recommendation: Without recommendation. Signed by Representative Chandler.


             Voting Yea: Representatives Buck, Sump, Thompson, Regala, Butler, Alexander, Anderson, Eickmeyer, Hatfield, and Pennington.

             Voting Nay: Representative Chandler.


             Referred to Committee on Appropriations.


February 27, 1998

SSB 6341          Prime Sponsor, Senate Committee on Natural Resources & Park: Allowing certain charter boats to be operated by persons without an alternate operator's license in specific circumstances. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 75.28.030 and 1993 sp.s. c 17 s 44 are each amended to read as follows:

             (1) Except as otherwise provided in this title, the director shall issue commercial licenses and permits to a qualified person upon receiving a completed application accompanied by the required fee.

             (2) An application submitted to the department under this chapter shall contain the name and address of the applicant and any other information required by the department or this title. An applicant for a commercial fishery license((,)) or delivery license((, or charter license)) may designate a vessel to be used with the license ((and)). An applicant for a commercial fishery license or delivery license may also designate up to two alternate operators.

             (3) An application submitted to the department under this chapter shall contain the applicant's declaration under penalty of perjury that the information on the application is true and correct.

             (4) Upon issuing a commercial license under this chapter, the director shall assign the license a unique number that the license shall retain upon renewal. The department shall use the number to record any commercial catch under the license. This does not preclude the department from using other, additional, catch record methods.

             (5) The fee to replace a license that has been lost or destroyed is twenty dollars.


             Sec. 2. RCW 75.28.046 and 1994 c 260 s 12 are each amended to read as follows:

             This section applies to all commercial fishery licenses((,)) and delivery licenses((, and charter licenses)), except for whiting—Puget Sound fishery licenses and emergency salmon delivery licenses.

             (1) The license holder may engage in the activity authorized by a license subject to this section. With the exception of Dungeness crab—coastal fishery class B licensees licensed under RCW 75.30.350(((3))) (4), the holder of a license subject to this section may also designate up to two alternate operators for the license. Dungeness crab—coastal fishery class B licensees may not designate alternate operators. A person designated as an alternate operator must possess an alternate operator license issued under ((section 23 of this act and)) RCW 75.28.048.

             (2) The fee to change the alternate operator designation is twenty-two dollars.


             Sec. 3. RCW 75.28.047 and 1993 c 340 s 10 are each amended to read as follows:

             (1) Only the license holder and any alternate operators designated on the license may sell or deliver food fish or shellfish under a commercial fishery license or delivery license. A commercial fishery license or delivery license authorizes no taking or delivery of food fish or shellfish unless the license holder or an alternate operator designated on the license is present or aboard the vessel.

             (2) ((Only the license holder and any alternate operators designated on the license may)) Notwithstanding RCW 75.28.010(1)(c), an alternate operator license is not required for an individual to operate a vessel as a charter boat.


             Sec. 4. RCW 75.28.048 and 1997 c 233 s 2 are each amended to read as follows:

             (1) A person who holds a commercial fishery license((,)) or a delivery license((, or charter license)) may operate the vessel designated on the license. A person who is not the license holder may operate the vessel designated on the license only if:

             (a) The person holds an alternate operator license issued by the director; and

             (b) The person is designated as an alternate operator on the underlying commercial fishery license((,)) or delivery license((, or charter license)) under RCW 75.28.046.

             (2) Only an individual at least sixteen years of age may hold an alternate operator license.

             (3) No individual may hold more than one alternate operator license. An individual who holds an alternate operator license may be designated as an alternate operator on an unlimited number of commercial fishery licenses((,)) or delivery licenses((, and charter licenses)) under RCW 75.28.046.

             (4) An individual who holds two Dungeness crab--Puget Sound fishery licenses may operate the licenses on one vessel if the vessel owner or alternate operator is on the vessel. The department shall allow a license holder to operate up to one hundred crab pots for each license.

             (5) As used in this section, to "operate" means to control the deployment or removal of fishing gear from state waters while aboard a vessel((, to operate a vessel as a charter boat,)) or to operate a vessel delivering food fish or shellfish taken in offshore waters to a port within the state.


             NEW SECTION. Sec. 5. 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 takes effect immediately."


             Correct the title.

 

Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.


             Voting Yea: Representatives Buck, Sump, Thompson, Regala, Butler, Alexander, Anderson, Chandler, Eickmeyer, Hatfield, and Pennington.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6348            Prime Sponsor, Senator Hale: Eliminating requirements for filing certificates or annual summaries for sales and use tax exemptions on manufacturing machinery and equipment. Reported by Committee on Government Reform & Land Use

 

MAJORITY recommendation: Do pass. Signed by Representatives Reams, Chairman; Sherstad, Vice Chairman; Romero, Ranking Minority Member; Lantz, Assistant Ranking Minority Member; Bush; Fisher; Gardner; Mielke; Mulliken and Thompson.


             Voting Yea: Representatives Reams, Sherstad, Romero, Lantz, Bush, Fisher, Gardner, Mielke, and Thompson.

             Excused: Representatives Cairnes and Mulliken.


             Passed to Rules Committee for second reading.


February 26, 1998

ESB 6349         Prime Sponsor, Senator Anderson: Changing membership of the committee that establishes boundaries of critical water supply service areas. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass. Signed by Representatives Chandler, Chairman; Parlette, Vice Chairman; Schoesler, Vice Chairman; Linville, Ranking Minority Member; Delvin; Koster; Mastin and Sump.

 

MINORITY recommendation: Do not pass. Signed by Representatives Anderson, Assistant Ranking Minority Member; Cooper and Regala.


             Voting Yea: Representatives Chandler, Schoesler, Parlette, Linville, Delvin, Koster and Sump.

             Voting Nay: Representatives Anderson, Cooper and Regala.

             Excused: Representative Mastin.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6353            Prime Sponsor, Senator Sellar: Reflecting actual working hours for disability of Washington state patrol officers. Reported by Committee on Transportation Policy & Budget

 

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Buck; Constantine; DeBolt; Gardner; Hatfield; Johnson; McCune; Murray; O'Brien; Ogden; Radcliff; Robertson; Romero; Scott; Skinner; Sterk; Wood and Zellinsky.


             Voting Yea: Representatives K. Schmidt, Fisher, Hankins, Mielke, Mitchell, Backlund, Buck, Constantine, Cooper, DeBolt, Gardner, Hatfield, Johnson, McCune, Murray, O'Brien, Ogden, Radcliff, Robertson, Romero, Scott, Skinner, Sterk, Wood and Zellinsky.

             Excused: Representatives Cairnes and Chandler.


             Passed to Rules Committee for second reading.


February 27, 1998

ESSB 6354       Prime Sponsor, Senate Committee on Ways & Means: Providing for the disbursement of funds gained from a tobacco-related health care settlement. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 43.79 RCW to read as follows:

             (1) In any legal action, or settlement thereof, by the state of Washington to recover moneys expended by the state for the tobacco-related health care costs of state residents, and to the maximum extent permitted by court order, negotiated settlement, or federal law, the proceeds recovered for the state shall be subject to legislative appropriation and shall be deposited in the health services account established by RCW 43.72.900.

             (2) In any legal action, or settlement thereof, by the state of Washington to recover moneys expended by the state for the tobacco-related health care costs of state residents, the attorney general shall seek a legal resolution of the action that is consistent with and maximizes the effect of subsection (1) of this section.


             NEW SECTION. Sec. 2. 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."

 

Signed by Representatives Dyer, Chairman; Backlund, Vice Chairman; Skinner, Vice Chairman; Cody, Ranking Minority Member; Murray, Assistant Ranking Minority Member; Anderson; Conway; Parlette; Sherstad; Wood and Zellinsky.


             Voting Yea: Representatives Dyer, Backlund, Skinner, Cody, Murray, Anderson, Conway, Parlette, Sherstad, Wood and Zellinsky.


             Referred to Committee on Appropriations.


February 25, 1998

SSB 6358          Prime Sponsor, Senate Committee on Energy & Utilities: Providing the utilities and transportation commission authority to regulate certain pipeline facilities. Reported by Committee on Energy & Utilities

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 81.88 RCW to read as follows:

             (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

             (a) "Pipeline company" means a person or entity constructing, owning, or operating an intrastate pipeline for transporting hazardous liquid, whether or not such a person or entity is a public service company otherwise regulated by the commission. For the purposes of this section, a pipeline company does not include: (i) Distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail; or (ii) excavation contractors or other contractors that contract with a pipeline company.

             (b) "Hazardous liquid" means: (i) Petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 in effect March 1, 1998; and (ii) carbon dioxide. The commission by rule may incorporate by reference other substances designated as hazardous by the secretary of transportation under 49 U.S.C. Sec. 60101(a)(4).

             (2) The commission shall adopt by rule intrastate pipeline safety standards for pipeline transportation and pipeline facilities that: (a) Apply to pipeline companies transporting hazardous liquids; (b) cover the design, construction, and operation of pipelines transporting hazardous liquids; and (c) require pipeline companies to design, construct, and maintain their pipeline facilities so they are safe and efficient.

             (3) A person, officer, agent, or employee of a pipeline company who, as an individual or acting as an officer, agent, or employee of such a company, violates or fails to comply with this section or a rule adopted under this section, or who procures, aids, or abets another person or entity in the violation of or noncompliance with this section or a rule adopted under this section, is guilty of a gross misdemeanor.

             (4)(a) A pipeline company, or any person, officer, agent, or employee of a pipeline company that violates a provision of this section, or a rule adopted under this section, is subject to a civil penalty to be assessed by the commission.

             (b) The commission shall adopt rules: (i) Setting penalty amounts, but may not exceed the penalties specified in the federal pipeline safety laws, 49 U.S.C. Sec. 60101 et seq.; (ii) establishing procedures for mitigating penalties assessed; and (iii) incorporating by reference other substances designated as hazardous by the secretary of transportation under 49 U.S.C. Sec. 60101(a)(4).

             (c) In determining the amount of the penalty, the commission shall consider: (i) The appropriateness of the penalty in relation to the position of the person charged with the violation; (ii) the gravity of the violation; and (iii) the good faith of the person or company charged in attempting to achieve compliance after notification of the violation.

             (d) The amount of the penalty may be recovered in a civil action in the superior court of Thurston county or of some other county in which the violator may do business. In all actions for recovery, the rules of evidence shall be the same as in ordinary civil actions. All penalties recovered under this section must be paid into the state treasury and credited to the public service revolving fund.

             (5) Nothing in this section duplicates the authority of the energy facility site evaluation council under chapter 80.50 RCW."

 

Signed by Representatives Crouse, Chairman; DeBolt, Vice Chairman; Mastin, Vice Chairman; Poulsen, Assistant Ranking Minority Member; Morris, Assistant Ranking Minority Member; Bush; Cooper; Delvin; Honeyford; Kastama; Kessler; Mielke and B. Thomas.


             Voting Yea: Representatives Crouse, DeBolt, Poulsen, Morris, Bush, Cooper, Honeyford, Kastama, Kessler, Mielke, Mulliken and B. Thomas.

             Excused: Representative Mastin.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6360            Prime Sponsor, Senator Johnson: Prescribing garnishee's processing fees. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6380            Prime Sponsor, Senator Winsley: Providing mobile home relocation assistance. Reported by Committee on Trade & Economic Development

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 59.21.010 and 1995 c 122 s 3 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Director" means the director of the department of community, trade, and economic development.

             (2) "Department" means the department of community, trade, and economic development.

             (3) "Fund" means the mobile home park relocation fund established under RCW 59.21.050.

             (4) "Mobile home park" or "park" means real property that is rented or held out for rent to others for the placement of two or more mobile homes for the primary purpose of production of income, except where the real property is rented or held out for rent for seasonal recreational purpose only and is not intended for year-round occupancy.

             (5) "Landlord" or "park-owner" means the owner of the mobile home park that is being closed at the time relocation assistance is provided.

             (6) "Relocate" means to remove the mobile home from the mobile home park being closed.

             (7) "Relocation assistance" means the monetary assistance provided under ((RCW 59.21.020)) this chapter.


             Sec. 2. RCW 59.21.021 and 1995 c 122 s 5 are each amended to read as follows:

             (1) If a mobile home park is closed or converted to another use after December 31, 1995, eligible tenants shall be entitled to assistance on a first-come, first-serve basis. Payments shall be made upon the department's verification of eligibility, subject to the availability of remaining funds ((remaining after the distribution under RCW 59.21.015)).

             (2) Assistance for closures occurring after December 31, 1995, is limited to persons who maintain ownership of and relocate their mobile home.

             (3) ((Except under subsection (4) of this section, assistance shall be subject to the levels set forth in RCW 59.21.015(2).)) Persons who maintained ownership of and relocated their mobile homes are entitled to up to seven thousand dollars for a double-wide home and up to three thousand five hundred dollars for a single-wide home.

             (4) Any organization may apply to receive funds from the mobile home park relocation fund, for use in combination with funds from public or private sources, toward relocation of tenants eligible under this section. Funds received from the mobile home park relocation fund shall only be used for relocation assistance.


             Sec. 3. RCW 59.21.025 and 1995 c 122 s 6 are each amended to read as follows:

             (1) If financial assistance for relocation is obtained from sources other than the mobile home park relocation fund established under this chapter, then the relocation assistance provided to any person under this chapter shall be reduced as necessary to ensure that no person receives from all sources combined more than: (((1))) (a) That person's actual cost of relocation; or (((2) the amounts provided under RCW 59.21.015(3), whichever applies)) (b) seven thousand dollars for a double-wide mobile home and three thousand five hundred dollars for a single-wide mobile home.

             (2) When a person receives financial assistance for relocation from a source other than the mobile home park relocation assistance fund, then the assistance received from the fund will be the difference between the maximum amount to which a person is entitled under RCW 59.21.021(3) and the amount of assistance received from the outside source.

             (3) If the amount of assistance received from an outside source exceeds the maximum amounts of assistance to which a person is entitled under RCW 59.21.021(3), then that person will not receive any assistance from the mobile home park relocation assistance fund.


             Sec. 4. RCW 59.21.040 and 1995 c 122 s 8 are each amended to read as follows:

             A tenant is not entitled to relocation assistance under this chapter if: (1) The tenant has given notice to the landlord of his or her intent to vacate the park and terminate the tenancy before any written notice of closure pursuant to RCW 59.20.080(1)(e) has been given((, or)); (2) the tenant purchased a mobile home already situated in the park or moved a mobile home into the park after a written notice of closure pursuant to RCW 59.20.090 has been given and the person received actual prior notice of the change or closure; or (3) the tenant receives assistance from an outside source that exceeds the maximum amounts of assistance to which a person is entitled under RCW 59.21.021(3). However, no tenant may be denied relocation assistance under subsection (1) of this section if the tenant has remained on the premises and continued paying rent for a period of ((as [at])) at least six months after giving notice of intent to vacate and before receiving formal notice of a closure or change of use.


             Sec. 5. RCW 59.21.050 and 1995 c 122 s 9 are each amended to read as follows:

             (1) The existence of the mobile home park relocation fund in the custody of the state treasurer is affirmed. Expenditures from the fund may be used only for relocation assistance awarded under ((RCW 59.21.015 through 59.21.025)) this chapter. Only the director or the director's designee may authorize expenditures from the fund. All relocation payments to tenants shall be made from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

             (2) A park tenant is eligible for assistance under ((RCW 59.21.015)) this chapter only after an application is submitted by that tenant or an organization acting on the tenant's account under RCW 59.21.021(4) on a form approved by the director which shall include:

             (a) For those persons who maintained ownership of and relocated their homes: (i) A copy of the notice from the park-owner, or other adequate proof, that the tenancy is terminated due to closure of the park or its conversion to another use; (ii) a copy of the rental agreement then in force, or other proof that the applicant was a tenant at the time of notice of closure; (iii) a copy of the contract for relocating the home which includes the date of relocation, or other proof of actual relocation expenses incurred on a date certain; and (iv) a statement of any other available assistance;

             (b) For those persons who sold their homes and incurred no relocation expenses: (i) A copy of the notice from the park-owner, or other adequate proof, that the tenancy is terminated due to closure of the park or its conversion to another use; (ii) a copy of the rental agreement then in force, or other proof that the applicant was a tenant at the time of notice of closure; and (iii) a copy of the record of title transfer issued by the department of licensing when the tenant sold the home rather than relocate it due to park closure or conversion.


             Sec. 6. RCW 43.63B.010 and 1994 c 284 s 15 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Authorized representative" means an employee of a state agency, city, or county acting on behalf of the department.

             (2) "Certified manufactured home installer" means a person who is in the business of installing mobile or manufactured homes and who has been issued a certificate by the department as provided in this chapter.

             (3) "Department" means the department of community, trade, and economic development.

             (4) "Director" means the director of community, trade, and economic development.

             (5) "Manufactured home" means a single-family dwelling built in accordance with the department of housing and urban development manufactured home construction and safety standards act, which is a national, preemptive building code.

             (6) "Mobile or manufactured home installation" means all on-site work necessary for the installation of a manufactured home, including:

             (a) Construction of the foundation system;

             (b) Installation of the support piers and earthquake resistant bracing system;

             (c) Required connection to foundation system and support piers;

             (d) Skirting;

             (e) Connections to the on-site water and sewer systems that are necessary for the normal operation of the home; and

             (f) Extension of the pressure relief valve for the water heater.

             (7) "Manufactured home standards" means the manufactured home construction and safety standards as promulgated by the United States department of housing and urban development (HUD).

             (8) "Mobile home" means a factory-built dwelling built prior to June 15, 1976, to standards other than the HUD code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since introduction of the HUD manufactured home construction and safety standards act.

             (9) "Training course" means the education program administered by the department, or the education course administered by an approved educational provider, as a prerequisite to taking the examination for certification.

             (10) "Approved educational provider" means an organization approved by the department to provide education and training of manufactured home installers and local inspectors.


             NEW SECTION. Sec. 7. A new section is added to chapter 43.63B RCW to read as follows:

             The department shall adopt rules to establish and administer a process of approving educational providers as an alternative to the department training course for installers and local inspectors.


             Sec. 8. RCW 43.63B.060 and 1994 c 284 s 20 are each amended to read as follows:

             Any local government mobile or manufactured home installation application and permit shall state either the name and registration number of the contractor or licensed manufactured home dealer or the certification identification number of the certified manufactured home installer supervising such installation. A local government may not issue ((a permit to install)) final approval for the installation of a manufactured home unless((: (1) The installer submits a copy of the certificate of manufactured home installation to the local government; or (2) work is being performed that does not require a certified installer. When work must be performed by a certified manufactured home installer, no work may commence until)) the certified installer or the installer's agent has posted ((or otherwise made available, with the inspection record card)) at the set-up site((, a copy of the certified)) the manufactured home installer's ((certificate of)) certification number and has identified the work being performed on the manufactured home installation on a form prescribed by the department.


             NEW SECTION. Sec. 9. RCW 59.21.015 and 1995 c 122 s 4 are each repealed."


             Correct the title.

 

Signed by Representatives Van Luven, Chairman; Dunn, Vice Chairman; Veloria, Ranking Minority Member; Eickmeyer, Assistant Ranking Minority Member; Alexander; Ballasiotes; Mason; McDonald and Morris.


             Voting Yea: Representatives Van Luven, Dunn, Veloria, Alexander, Ballasiotes, Eickmeyer, Mason, McDonald and Morris.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6392            Prime Sponsor, Senator Strannigan: Providing financial support to licensed overnight youth shelters. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass as amended.


             On page 2, line 8, after "are" strike "currently"

 

Signed by Representatives Cooke, Chairman; Boldt, Vice Chairman; Bush, Vice Chairman; Tokuda, Ranking Minority Member; Kastama, Assistant Ranking Minority Member; Ballasiotes; Carrell; Dickerson; Gombosky; McDonald and Wolfe.


             Voting Yea: Representatives Cooke, Boldt, Bush, Tokuda, Kastama, Ballasiotes, Carrell, Dickerson, Gombosky, McDonald and Wolfe.


             Referred to Committee on Appropriations.


February 26, 1998

SSB 6396          Prime Sponsor, Senate Committee on Higher Education: Creating the Washington center for real estate research. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Carlson, Chairman; Radcliff, Vice Chairman; Kenney, Assistant Ranking Minority Member; Butler; Dunn; O'Brien; Sheahan and Van Luven.


             Voting Yea: Representatives Carlson, Radcliff, Kenney, Butler, Dunn, O'Brien, Sheahan and Van Luven.

             Excused: Representative Mason.


             Referred to Committee on Appropriations.


February 27, 1998

SB 6406            Prime Sponsor, Senator Anderson: Exempting income from the adoption support program from gross family income calculations for the basic health plan. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Dyer, Chairman; Backlund, Vice Chairman; Skinner, Vice Chairman; Cody, Ranking Minority Member; Murray, Assistant Ranking Minority Member; Anderson; Conway; Parlette; Sherstad; Wood and Zellinsky.


             Voting Yea: Representatives Dyer, Backlund, Skinner, Cody, Murray, Conway, Parlette, Sherstad, Wood and Zellinsky.

             Excused: Representative Anderson.


             Referred to Committee on Appropriations.


February 26, 1998

ESSB 6408       Prime Sponsor, Senate Committee on Law & Justice: Increasing penalties for alcohol violators who commit the offense with a person under the age of ten in the motor vehicle. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 46.61.5055 and 1997 c 229 s 11 and 1997 c 66 s 14 are each reenacted and amended to read as follows:

             (1) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within five years shall be punished as follows:

             (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than one day nor more than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ninety days. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege; or

             (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than two days nor more than one year. Two consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one year. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege.

             (2) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within five years shall be punished as follows:

             (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than thirty days nor more than one year. Thirty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of two years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

             (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than forty-five days nor more than one year. Forty-five days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of nine hundred days. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

             (3) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or more prior offenses within five years shall be punished as follows:

             (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than ninety days nor more than one year. Ninety days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than one thousand dollars nor more than five thousand dollars. One thousand dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of three years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

             (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than one hundred twenty days nor more than one year. One hundred twenty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of four years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

             (4) Any minimum nonsuspendable and nondeferrable jail sentence required by this section shall be doubled for any offender convicted of a violation of RCW 46.61.502 or 46.61.504 who committed the offense with a person under the age of ten in the motor vehicle.

             (5) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.

             (((5))) (6) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.

             (((6))) (7) After expiration of any period of suspension or revocation of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355.

             (((7))) (8)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock or other biological or technical device on the probationer's motor vehicle, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.

             (b) For each violation of mandatory conditions of probation under (a)(i) and (ii) or (a)(i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.

             (c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.

             (((8))) (9)(a) A "prior offense" means any of the following:

             (i) A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;

             (ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;

             (iii) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;

             (iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;

             (v) A conviction for a violation of RCW 46.61.5249 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;

             (vi) An out-of-state conviction for a violation that would have been a violation of (a)(i), (ii), (iii), (iv), or (v) of this subsection if committed in this state;

             (vii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance; or

             (viii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.5249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.

             (b) "Within five years" means that the arrest for a prior offense occurred within five years of the arrest for the current offense.


             NEW SECTION. Sec. 2. A new section is added to chapter 46.61 RCW to read as follows:

             (1) Immediately before the court orders a sentence, or deferred prosecution under RCW 10.05.120, for any offense listed in subsection (2) of this section, the court and prosecutor shall verify the defendant's criminal history and driving record. The order shall include specific findings as to the criminal history and driving record. For purposes of this section, the criminal history shall include all previous convictions and orders of deferred prosecution, as reported through the judicial information system or otherwise available to the court or prosecutor, current to within the periods specified in subsection (3) of this section before the date of the order. For purposes of this section, the driving record shall include all information reported to the court by the department of licensing.

             (2) The offenses to which this section applies are violations of (a) RCW 46.61.502 or an equivalent local ordinance; (b) RCW 46.61.504 or an equivalent local ordinance; (c) RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug; (d) RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug; and (e) RCW 46.61.5249 or 9A.36.050, or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.

             (3) The periods applicable to previous convictions and orders of deferred prosecution are: (a) One working day, in the case of previous actions of courts that fully participate in the state judicial information system; and (b) seven calendar days, in the case of previous actions of courts that do not fully participate in the judicial information system. For purposes of this subsection, "fully participate" means regularly providing records to and receiving records from the system by electronic means on a daily basis."


             Correct the title.

 

Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.

 

MINORITY recommendation: Without recommendation. Signed by Representative Carrell.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.

             Voting Nay: Representative Carrell.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6409          Prime Sponsor, Senate Committee on Human Services & Corrections: Redistributing responsibilities for care for children with developmental disabilities provided by the department of social and health services in the division of developmental disabilities. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass. Signed by Representatives Cooke, Chairman; Boldt, Vice Chairman; Bush, Vice Chairman; Tokuda, Ranking Minority Member; Kastama, Assistant Ranking Minority Member; Ballasiotes; Carrell; Dickerson; Gombosky; McDonald and Wolfe.


             Voting Yea: Representatives Cooke, Boldt, Bush, Tokuda, Kastama, Ballasiotes, Carrell, Dickerson, Gombosky, McDonald and Wolfe.


             Referred to Committee on Appropriations.


February 26, 1998

ESSB 6418       Prime Sponsor, Senate Committee on Health & Long-Term Care: Implementing amendments to the federal personal responsibility and work opportunity reconciliation act of 1996. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Cody; Kenney; Lambert; Lantz and Robertson.

 

MINORITY recommendation: Do not pass. Signed by Representatives Carrell; Mulliken and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Cody, Kenney, Lambert, Lantz, Mulliken and Robertson.

             Voting Nay: Representatives Carrell and Sherstad.


             Referred to Committee on Appropriations.


February 26, 1998

SSB 6420          Prime Sponsor, Senate Committee on Commerce & Labor: Allowing an application for initial determination to be in writing or in another form determined by the commissioner of the employment security department. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that the shift by the employment security department from in-person written initial applications for unemployment insurance benefits to a call center approach creates opportunities for improved service but also raises serious concerns. Eliminating face-to-face contact may increase the potential for fraud and reduce the probability that claimants will utilize existing reemployment resources. Therefore, it is the intent of the legislature that if the written application process is to be eliminated, the employment security department must ensure that unemployment insurance claimants remain actively involved in reemployment activities and that an independent evaluation be conducted of the call center approach to unemployment insurance.


             Sec. 2. RCW 50.20.140 and 1951 c 215 s 4 are each amended to read as follows:

             An application for initial determination, a claim for waiting period, or a claim for benefits shall be filed in accordance with such ((regulations)) rules as the commissioner may prescribe. An application for an initial determination may be made by any individual whether unemployed or not. Each employer shall post and maintain printed statements of such ((regulations)) rules in places readily accessible to individuals in his or her employment and shall make available to each such individual at the time he or she becomes unemployed, a printed statement of such ((regulations)) rules and such notices, instructions, and other material as the commissioner may by ((regulation)) rule prescribe. Such printed material shall be supplied by the commissioner to each employer without cost to ((him)) the employer.

             The term "application for initial determination" shall mean a request in writing, or by other means as determined by the commissioner, for an initial determination. The term "claim for waiting period" shall mean a certification, after the close of a given week, that the requirements stated herein for eligibility for waiting period have been met. The term "claim for benefits" shall mean a certification, after the close of a given week, that the requirements stated herein for eligibility for receipt of benefits have been met.

             A representative designated by the commissioner shall take the application for initial determination and for the claim for waiting period credits or for benefits. When an application for initial determination has been made, the employment security department shall promptly make an initial determination which shall be a statement of the applicant's base year wages, his or her weekly benefit amount, his or her maximum amount of benefits potentially payable, and his or her benefit year. Such determination shall fix the general conditions under which waiting period credit shall be granted and under which benefits shall be paid during any period of unemployment occurring within the benefit year fixed by such determination.


             NEW SECTION. Sec. 3. A new section is added to chapter 50.20 RCW to read as follows:

             The employment security department will ensure that within a reasonably short period of time after the initiation of benefits, all unemployment insurance claimants, except those with employer attachment, union referral, in commissioner approved training, or the subject of antiharassment orders, register for job search in an electronic labor exchange system that supports direct employer access for the purpose of selecting job applicants.


             NEW SECTION. Sec. 4. A new section is added to chapter 50.20 RCW to read as follows:

             To ensure that following the initial application for benefits, an individual is actively engaged in searching for work, effective July 1, 1999, the employment security department shall implement a job search monitoring program. Except for those individuals with employer attachment or union referral, and individuals in commissioner-approved training, an individual who has received five or more weeks of benefits under this title must provide evidence of seeking work, as directed by the commissioner or commissioner's agents, for each week beyond five in which a claim is filed. The evidence must demonstrate contacts with at least three employers per week or documented in-person job search activity at the local reemployment center. In developing the requirements for the job search monitoring program, the commissioner or the commissioner's agents shall utilize an existing advisory committee having equal representation of employers and workers.


             NEW SECTION. Sec. 5. (1) The joint legislative audit and review committee, in consultation with members of the senate and house of representatives commerce and labor committees and the unemployment insurance advisory committee, shall conduct an evaluation of the new call center approach to unemployment insurance. The evaluation shall review the performance of the call center system, including, but not limited to, the: (a) Promptness of payments; (b) number and types of errors; (c) amount and types of fraud; and (d) level of overpayments and underpayments, compared with the current system.

             (2) The joint legislative audit and review committee is directed to contract with a private entity consistent with the provisions of chapter 39.29 RCW. The committee shall consult with the unemployment insurance advisory committee in the design of the request for proposals from potential contractors and shall use the advisory committee to evaluate the responses. The joint legislative audit and review committee shall provide a report on its findings and recommendations to the appropriate standing committee of the senate and house of representatives by September 1, 2001.


             NEW SECTION. Sec. 6. The employment security department is authorized to expend funds provided under RCW 50.24.014(1)(b) for the purposes of the evaluation provided for in section 5 of this act.


             Sec. 7. RCW 50.24.014 and 1994 c 187 s 3 are each amended to read as follows:

             (1)(a) A separate and identifiable account to provide for the financing of special programs to assist the unemployed is established in the administrative contingency fund. Contributions to this account shall accrue and become payable by each employer, except employers as described in RCW 50.44.010 and 50.44.030 who have properly elected to make payments in lieu of contributions, taxable local government employers as described in RCW 50.44.035, and those employers who are required to make payments in lieu of contributions, at a basic rate of two one-hundredths of one percent. The amount of wages subject to tax shall be determined under RCW 50.24.010.

             (b) For the first calendar quarter of 1994 only, the basic two one-hundredths of one percent contribution payable under (a) of this subsection shall be increased by one-hundredth of one percent to a total rate of three one-hundredths of one percent. The proceeds of this incremental one-hundredth of one percent shall be used solely for the purposes described in section 22, chapter 483, Laws of 1993, and for the purposes ((described in RCW 50.40.060)) of conducting an evaluation of the call center approach to unemployment insurance under section 5 of this act. Any surplus from contributions payable under this subsection (b) will be deposited in the unemployment compensation trust fund.

             (2)(a) Contributions under this section shall become due and be paid by each employer under rules as the commissioner may prescribe, and shall not be deducted, in whole or in part, from the remuneration of individuals in the employ of the employer. Any deduction in violation of this section is unlawful.

             (b) In the payment of any contributions under this section, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent.

             (3) If the commissioner determines that federal funding has been increased to provide financing for the services specified in chapter 50.62 RCW, the commissioner shall direct that collection of contributions under this section be terminated on the following January 1st."


             Correct the title.

 

Signed by Representatives McMorris, Chairman; Honeyford, Vice Chairman; Boldt; Clements and Lisk.

 

MINORITY recommendation: Do not pass. Signed by Representatives Conway, Ranking Minority Member; Wood, Assistant Ranking Minority Member; and Hatfield.


             Voting Yea: Representatives McMorris, Honeyford, Boldt, Clements and Lisk.

             Voting Nay: Representatives Conway, Wood and Hatfield.

             Excused: Representative Cole.


             Passed to Rules Committee for second reading.


February 28, 1998

ESSB 6421       Prime Sponsor, Senate Committee on Commerce & Labor: Revising unemployment compensation for persons with public employment contracts. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 50.04.320 and 1995 c 296 s 1 are each amended to read as follows:

             (1) For the purpose of payment of contributions, "wages" means the remuneration paid by one employer during any calendar year to an individual in its employment under this title or the unemployment compensation law of any other state in the amount specified in RCW 50.24.010. If an employer (hereinafter referred to as a successor employer) during any calendar year acquires substantially all the operating assets of another employer (hereinafter referred to as a predecessor employer) or assets used in a separate unit of a trade or business of a predecessor employer, and immediately after the acquisition employs in the individual's trade or business an individual who immediately before the acquisition was employed in the trade or business of the predecessor employer, then, for the purposes of determining the amount of remuneration paid by the successor employer to the individual during the calendar year which is subject to contributions, any remuneration paid to the individual by the predecessor employer during that calendar year and before the acquisition shall be considered as having been paid by the successor employer.

             (2) For the purpose of payment of benefits, "wages" means the remuneration paid by one or more employers to an individual for employment under this title during his base year: PROVIDED, That at the request of a claimant, wages may be calculated on the basis of remuneration payable. The department shall notify each claimant that wages are calculated on the basis of remuneration paid, but at the claimant's request a redetermination may be performed and based on remuneration payable.

             (3) For the purpose of payment of benefits and payment of contributions, the term "wages" includes tips which are received after January 1, 1987, while performing services which constitute employment, and which are reported to the employer for federal income tax purposes.

             (4)(a) "Remuneration" means all compensation paid for personal services including commissions and bonuses and the cash value of all compensation paid in any medium other than cash. The reasonable cash value of compensation paid in any medium other than cash and the reasonable value of gratuities shall be estimated and determined in accordance with rules prescribed by the commissioner. Remuneration does not include payments to members of a reserve component of the armed forces of the United States, including the organized militia of the state of Washington, for the performance of duty for periods not exceeding seventy-two hours at a time.

             (b) Previously accrued compensation, other than severance pay or payments received pursuant to plant closure agreements, when assigned to a specific period of time by virtue of a collective bargaining agreement, individual employment contract, customary trade practice, or request of the individual compensated, shall be considered remuneration for the period to which it is assigned. Assignment clearly occurs when the compensation serves to make the individual eligible for all regular fringe benefits for the period to which the compensation is assigned.

             (c) Settlements or other proceeds received by an individual as a result of a negotiated settlement for termination of an individual written employment contract ((with a public agency)) prior to its expiration date shall be considered remuneration. The proceeds shall be deemed assigned in the same intervals and in the same amount for each interval as compensation was allocated under the contract.

             (d) Except as provided in (c) of this subsection, the provisions of this subsection (4) pertaining to the assignment of previously accrued compensation shall not apply to individuals subject to RCW 50.44.050.


             NEW SECTION. Sec. 2. 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 or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this act. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.


             NEW SECTION. Sec. 3. 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 takes effect on the Sunday following the day that the governor signs this act and is effective for initial claims filed on or after that Sunday."


             Correct the title.

 

Signed by Representatives McMorris, Chairman; Honeyford, Vice Chairman; Conway, Ranking Minority Member; Wood, Assistant Ranking Minority Member; Boldt; Clements; Hatfield and Lisk.


             Voting Yea: Representatives McMorris, Honeyford, Conway, Wood, Boldt, Clements, Hatfield and Lisk.

             Excused: Representative Cole.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6422          Prime Sponsor, Senate Committee on Commerce & Labor: Providing support for collaborative efforts toward worker reemployment. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Chairman; Conway, Ranking Minority Member; Wood, Assistant Ranking Minority Member; Boldt; Hatfield and Lisk.

 

MINORITY recommendation: Do not pass. Signed by Representatives Honeyford, Vice Chairman; and Clements.


             Voting Yea: Representatives McMorris, Conway, Wood, Boldt, Hatfield and Lisk.

             Voting Nay: Representatives Honeyford and Clements.

             Excused: Representative Cole.


             Passed to Rules Committee for second reading.


February 27, 1998

SSB 6425          Prime Sponsor, Senate Committee on Government Operations: Clarifying legal authority of an agency head. Reported by Committee on Government Reform & Land Use

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 34.05.325 and 1995 c 403 s 304 are each amended to read as follows:

             (1) The agency shall make a good faith effort to insure that the information on the proposed rule published pursuant to RCW 34.05.320 accurately reflects the rule to be presented and considered at the oral hearing on the rule. Written comment about a proposed rule, including supporting data, shall be accepted by an agency if received no later than the time and date specified in the notice, or such later time and date established at the rule-making hearing.

             (2) The agency shall provide an opportunity for oral comment to be received by the agency in a rule-making hearing.

             (3) If the agency possesses equipment capable of receiving telefacsimile transmissions or recorded telephonic communications, the agency may provide in its notice of hearing filed under RCW 34.05.320 that interested parties may comment on proposed rules by these means. If the agency chooses to receive comments by these means, the notice of hearing shall provide instructions for making such comments, including, but not limited to, appropriate telephone numbers to be used; the date and time by which comments must be received; required methods to verify the receipt and authenticity of the comments; and any limitations on the number of pages for telefacsimile transmission comments and on the minutes of tape recorded comments. The agency shall accept comments received by these means for inclusion in the official record if the comments are made in accordance with the agency's instructions.

             (4) The agency head, a member of the agency head, or a presiding officer designated by the agency head shall preside at the rule-making hearing. Rule-making hearings shall be open to the public. The agency shall cause a record to be made of the hearing by stenographic, mechanical, or electronic means. ((Unless the agency head presides or is present at substantially all the hearings)) Regardless of whether the agency head has delegated rule-making authority, the presiding official shall prepare a memorandum for consideration by the agency head, summarizing the contents of the presentations made at the rule-making hearing, unless the agency head presided or was present at substantially all of the hearings. The summarizing memorandum is a public document and shall be made available to any person in accordance with chapter 42.17 RCW.

             (5) Rule-making hearings are legislative in character and shall be reasonably conducted by the presiding official to afford interested persons the opportunity to present comment. Rule-making hearings may be continued to a later time and place established on the record without publication of further notice under RCW 34.05.320.

             (6)(a) Before it files an adopted rule with the code reviser, an agency shall prepare a concise explanatory statement of the rule:

             (i) Identifying the agency's reasons for adopting the rule;

             (ii) Describing differences between the text of the proposed rule as published in the register and the text of the rule as adopted, other than editing changes, stating the reasons for differences; and

             (iii) Summarizing all comments received regarding the proposed rule, and responding to the comments by category or subject matter, indicating how the final rule reflects agency consideration of the comments, or why it fails to do so.

             (b) The agency shall provide the concise explanatory statement to any person upon request or from whom the agency received comment.


             Sec. 2. RCW 36.70A.260 and 1994 c 249 s 30 are each amended to read as follows:

             (1) Each growth management hearings board shall consist of three members qualified by experience or training in matters pertaining to land use planning and residing within the jurisdictional boundaries of the applicable board. At least one member of each board must be admitted to practice law in this state and at least one member must have been a city or county elected official. Each board shall be appointed by the governor and confirmed by the senate and not more than two members at the time of appointment or during their term shall be members of the same political party. No more than two members at the time of appointment or during their term shall reside in the same county. The term of each member shall be six years.

             (2) Each member of a board shall be ((appointed for a term of six years)) subject to senate confirmation. No member of a board appointed after July 1, 1998, shall begin to serve until the senate has confirmed his or her appointment. No member of the board appointed on or before July 1, 1998, may continue to serve the remainder of his or her term unless the senate confirms his or her appointment by July 1, 1999.

             (3) A vacancy shall be filled by appointment by the governor and shall be subject to senate confirmation. The member appointed to fill a vacancy shall serve on the board for the unexpired portion of the term in which the vacancy occurs. ((The terms of the first three members of a board shall be staggered so that one member is appointed to serve until July 1, 1994, one member until July 1, 1996, and one member until July 1, 1998.)) No member appointed to fill a vacancy on a board may begin to serve until the senate has confirmed his or her appointment. No member appointed to fill a vacancy on the board on or before July 1, 1998, may continue to serve the remainder of his or her term unless the senate confirms his or her appointment by July 1, 1999."


             Correct the title.

 

Signed by Representatives Reams, Chairman; Cairnes, Vice Chairman; Sherstad, Vice Chairman; Bush; Mielke; Mulliken and Thompson.

 

MINORITY recommendation: Do not pass. Signed by Representatives Romero, Ranking Minority Member; Lantz, Assistant Ranking Minority Member; and Fisher.


             Voting Yea: Representatives Reams, Cairnes, Sherstad, Bush, Mielke, Mulliken and Thompson.

             Voting Nay: Representatives Romero, Lantz and Fisher.

             Excused: Representative Gardner.


             Passed to Rules Committee for second reading.


February 26, 1998

ESSB 6431       Prime Sponsor, Senate Committee on Law & Justice: Providing for impoundment and forfeiture of vehicles operated by persons driving a vehicle or in actual physical control of a vehicle while under the influence of intoxicating liquor. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that in 1996 drunk drivers were involved in two hundred eighty-five fatal accidents killing three hundred thirty-one people and six thousand four hundred fifty injury accidents injuring ten thousand three hundred twenty-six people. The legislature has increased criminal penalties, including longer mandatory minimum jail sentences and fines, in order to punish and deter drunk driving. In addition to criminal sanctions, however, the legislature finds that authorizing the immediate impoundment of vehicles driven by drunk drivers is reasonably necessary to increase traffic safety and reduce the carnage caused by drunk driving. A number of studies in states that have adopted impound laws have found them effective in reducing drunk driving and related fatalities. Repeat drunk drivers are more likely to continue to reoffend and are substantially more likely to cause a fatal collision than first-time offenders. Temporary impoundment for first-time offenders will reduce drunk drivers' access to vehicles and help both prevent and deter drunk driving. The impoundment of a vehicle operated in violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence, is intended to be a civil in rem action against the vehicle in order to remove it from the public highways and reduce the risk posed to traffic safety by a vehicle accessible to a driver who is reasonably believed to have violated these laws.


             Sec. 2. RCW 46.55.113 and 1997 c 66 s 7 are each amended to read as follows:

             Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence, the ((arresting officer may take custody of the vehicle and provide for its prompt removal to a place of safety)) vehicle is subject to impoundment, pursuant to applicable local ordinance or state agency rule at the direction of a law enforcement officer. In addition, a police officer may take custody of a vehicle and provide for its prompt removal to a place of safety under any of the following circumstances:

             (1) Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;

             (2) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;

             (3) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property;

             (4) Whenever the driver of a vehicle is arrested and taken into custody by a police officer;

             (5) Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;

             (6) Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property;

             (7) Upon determining that a person is operating a motor vehicle without a valid driver's license in violation of RCW 46.20.005 or with a license that has been expired for ninety days or more, or with a suspended or revoked license in violation of RCW 46.20.342 or 46.20.420.

             Nothing in this section may derogate from the powers of police officers under the common law. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.


             Sec. 3. RCW 46.55.120 and 1996 c 89 s 2 are each amended to read as follows:

             (1) Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, or 46.55.113 may be redeemed only under the following circumstances:

             (a) Only the legal owner, the registered owner, a person authorized in writing by the registered owner or the vehicle's insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department, or one who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle or items of personal property registered or titled with the department. In addition, any person redeeming a vehicle impounded because the driver was arrested for a violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence, must prior to redemption establish with the agency that ordered the vehicle impounded that he or she has a valid driver's license and is in compliance with RCW 46.30.020. A vehicle impounded because the driver is arrested for a violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence, may be released only pursuant to a written order from the agency that ordered the vehicle impounded, or pursuant to a provision of an applicable state agency rule or local ordinance authorizing release on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record. If a vehicle is impounded because the operator is arrested for a violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence, the vehicle may be held at the written direction of the agency ordering the vehicle impounded for up to thirty days if the operator has no prior offense as defined in RCW 46.61.5055(8), for up to sixty days if the operator has one such prior offense, and for up to ninety days if the operator has two or more such prior offenses. If a vehicle is impounded because the operator is arrested for a violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence, the vehicle may not be released until a person eligible to redeem it pays all towing, removal, and storage fees, notwithstanding the fact that the impoundment was ordered by a government agency.

             (b) The vehicle or other item of personal property registered or titled with the department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards, or personal checks drawn on in-state banks if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm can determine through the customer's bank or a check verification service that the presented check would not be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees.

             (2)(a) The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided.

             (b) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district or municipal court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing and storage charges. The district court has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents. The municipal court has jurisdiction to determine the issues involving impoundments authorized by agents of the municipality. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the district or municipal court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section. At the time of the filing of the hearing request, the petitioner shall pay to the court clerk a filing fee in the same amount required for the filing of a suit in the small claims department of a district court. If the hearing request is not received by the district or municipal court within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the ((district)) court shall proceed to hear and determine the validity of the impoundment.

             (3)(a) The ((district)) court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.

             (b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court ((may)) shall consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing.

             (c) At the conclusion of the hearing, the ((district)) court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.

             (d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.

             (e) If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded, for not less than fifty dollars per day, against the person or agency authorizing the impound. However, if an impoundment arising from an alleged violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence, is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer had probable cause to believe the driver of the vehicle was in violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence. If any judgment entered is not paid within fifteen days of notice in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:

TO: . . . . . .

YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the . . . . . . Court located at . . . . . . in the sum of $. . . . . ., in an action entitled . . . . . ., Case No. . . . . YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW . . . if the judgment is not paid within 15 days of the date of this notice.

DATED this . . . . day of . . . . . ., 19. . .

                                                    Signature . . . . . . . . . . . .. . . . . . .. . . . . . .

                                                    Typed name and address

                                                    of party mailing notice

             (4) Any impounded abandoned vehicle or item of personal property registered or titled with the department that is not redeemed within fifteen days of mailing of the notice of custody and sale as required by RCW 46.55.110(2) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees.


             NEW SECTION. Sec. 4. A new section is added to chapter 46.55 RCW to read as follows:

             (1) This section applies to any impoundment of a vehicle when a driver is arrested for a violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence, as provided for in RCW 46.55.113 and 46.55.120.

             (2) Any local government ordinance or state agency rule that provides for impoundment and redemption of vehicles may allow for alternative home impoundment of vehicles for all or part of the impoundment periods authorized in RCW 46.55.120. Home impoundment is an alternative to impoundment by a registered tow truck operator. Home impoundment consists of removing a vehicle to the registered owner's residence or other property, or to another place authorized by the ordinance or rule, and placing a boot or other device on the vehicle to render it immobile. The jurisdiction authorizing home impoundment may charge a reasonable rental fee for the use of the boot or other device during the period of home impoundment. The local government ordinance or state agency rule may provide that the owner or driver of the vehicle may elect whether to be subject to impoundment under RCW 46.55.120 or home impoundment under this section.

             (3) Before any home impoundment is begun, the vehicle must be redeemed as provided for in RCW 46.55.120 if any impoundment has occurred under that section, and any towing fee incurred in getting the vehicle to the place of home impoundment must be paid.

             (4) At the end of the period of home impoundment, the vehicle may be released only after all rental fees have been paid and only to a person who would qualify to redeem an impounded vehicle under RCW 46.55.120.

             (5) A local ordinance or state agency rule may provide for impoundment by a registered tow truck operator if at the end of the period of home impoundment there is no qualified person to whom the vehicle may be released.

             (6) A local ordinance or state agency rule may provide that if the boot or other device on a vehicle in home impoundment is tampered with, damaged, removed, or rendered inoperative, the vehicle may be released only upon payment of all applicable rental fees plus payment of a fee equal to the impoundment costs that would have been incurred had the vehicle been impounded under RCW 46.55.120 during the period of home impoundment.


             Sec. 5. RCW 46.12.095 and 1969 ex.s. c 170 s 16 are each amended to read as follows:

             A security interest in a vehicle other than one held as inventory by a manufacturer or a dealer and for which a certificate of ownership is required is perfected only by compliance with the requirements of section 7 of this act under the circumstances provided for therein or by compliance with the requirements of this section:

             (1) A security interest is perfected ((only)) by the department's receipt of: (a) The existing certificate, if any, and (b) an application for a certificate of ownership containing the name and address of the secured party, and (c) tender of the required fee.

             (2) It is perfected as of the time of its creation: (a) If the papers and fee referred to in ((the preceding)) subsection (1) of this section are received by this department within ((eight department business)) twenty calendar days ((exclusive)) of the day on which the security agreement was created; or (b) if the secured party's name and address appear on the outstanding certificate of ownership; otherwise, as of the date on which the department has received the papers and fee required in subsection (1) of this section.

             (3) If a vehicle is subject to a security interest when brought into this state, perfection of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest was attached, subject to the following:

             (a) If the security interest was perfected under the law of the jurisdiction where the vehicle was when the security interest was attached, the following rules apply:

             (b) If the name of the secured party is shown on the existing certificate of ownership issued by that jurisdiction, the security interest continues perfected in this state. The name of the secured party shall be shown on the certificate of ownership issued for the vehicle by this state. The security interest continues perfected in this state upon the issuance of such ownership certificate.

             (c) If the security interest was not perfected under the law of the jurisdiction where the vehicle was when the security interest was attached, it may be perfected in this state; in that case, perfection dates from the time of perfection in this state.


             Sec. 6. RCW 46.12.101 and 1991 c 339 s 19 are each amended to read as follows:

             A transfer of ownership in a motor vehicle is perfected by compliance with the requirements of this section.

             (1) If an owner transfers his or her interest in a vehicle, other than by the creation, deletion, or change of a security interest, the owner shall, at the time of the delivery of the vehicle, execute an assignment to the transferee and provide an odometer disclosure statement under RCW 46.12.124 on the certificate of ownership or as the department otherwise prescribes, and cause the certificate and assignment to be transmitted to the transferee. ((Within five days, excluding Saturdays, Sundays, and state and federal holidays,)) The owner shall notify the department or its agents or subagents, in writing, on the appropriate form, of the date of the sale or transfer, the name and address of the owner and of the transferee, the transferee's driver's license number if available, and such description of the vehicle, including the vehicle identification number, the license plate number, or both, as may be required in the appropriate form provided or approved for that purpose by the department. The report of sale will be deemed properly filed if all information required in this section is provided on the form and includes a department-authorized notation that the document was received by the department, its agents, or subagents on or before the fifth day after the sale of the vehicle, excluding Saturdays, Sundays, and state and federal holidays. Agents and subagents shall immediately electronically transmit the seller's report of sale to the department. Reports of sale processed and recorded by the department's agents or subagents may be subject to fees as specified in RCW 46.01.140 (4)(a) or (5)(b).

             (2) The requirements of subsection (1) of this section to provide an odometer disclosure statement apply to the transfer of vehicles held for lease when transferred to a lessee and then to the lessor at the end of the leasehold and to vehicles held in a fleet when transferred to a purchaser.

             (3) Except as provided in RCW ((46.12.120)) 46.70.122 the transferee shall within fifteen days after delivery to the transferee of the vehicle, execute the application for a new certificate of ownership in the same space provided therefor on the certificate or as the department prescribes, and cause the certificates and application to be transmitted to the department.

             (4) Upon request of the owner or transferee, a secured party in possession of the certificate of ownership shall, unless the transfer was a breach of its security agreement, either deliver the certificate to the transferee for transmission to the department or, when the secured party receives the owner's assignment from the transferee, it shall transmit the transferee's application for a new certificate, the existing certificate, and the required fee to the department. Compliance with this section does not affect the rights of the secured party.

             (5) If a security interest is reserved or created at the time of the transfer, the certificate of ownership shall be retained by or delivered to the person who becomes the secured party, and the parties shall comply with the provisions of RCW 46.12.170.

             (6) If the purchaser or transferee fails or neglects to make application to transfer the certificate of ownership and license registration within fifteen days after the date of delivery of the vehicle, he or she shall on making application for transfer be assessed a twenty-five dollar penalty on the sixteenth day and two dollars additional for each day thereafter, but not to exceed one hundred dollars. The director may by rule establish conditions under which the penalty will not be assessed when an application for transfer is delayed for reasons beyond the control of the purchaser. Conditions for not assessing the penalty may be established for but not limited to delays caused by:

             (a) The department requesting additional supporting documents;

             (b) Extended hospitalization or illness of the purchaser;

             (c) Failure of a legal owner to release his or her interest;

             (d) Failure, negligence, or nonperformance of the department, auditor, or subagent.

             Failure or neglect to make application to transfer the certificate of ownership and license registration within forty-five days after the date of delivery of the vehicle is a misdemeanor.

             (7) Upon receipt of an application for reissue or replacement of a certificate of ownership and transfer of license registration, accompanied by the endorsed certificate of ownership or other documentary evidence as is deemed necessary, the department shall, if the application is in order and if all provisions relating to the certificate of ownership and license registration have been complied with, issue new certificates of title and license registration as in the case of an original issue and shall transmit the fees together with an itemized detailed report to the state treasurer, to be deposited in the motor vehicle fund.

             (8) Once each quarter the department shall report to the department of revenue a list of those vehicles for which a seller's report has been received but no transfer of title has taken place.


             NEW SECTION. Sec. 7. A new section is added to chapter 46.12 RCW to read as follows:

             (1) The purpose of a transitional ownership record is to enable a security interest in a motor vehicle to be perfected in a timely manner when the certificate of ownership is not available at the time the security interest is created, and to provide for timely notification to security interest holders under chapter 46.55 RCW.

             (2) A transitional ownership record is only acceptable as an ownership record for vehicles currently stored on the department's computer system and if the certificate of ownership or other authorized proof of ownership for the motor vehicle:

             (a) Is not in the possession of the selling vehicle dealer or new security interest holder at the time the transitional ownership record is submitted to the department; and

             (b) To the best of the knowledge of the selling dealer or new security interest holder, the certificate of ownership will not be received for submission to the department within twenty calendar days of the date of sale of the vehicle, or if no sale is involved, within twenty calendar days of the date the security agreement or contract is executed.

             (3) A person shall submit the transitional ownership record to the department or to any of its agents or subagents. Agents and subagents shall immediately electronically transmit the transitional ownership records to the department. A transitional ownership document processed and recorded by an agent or subagent may be subject to fees as specified in RCW 46.01.140(4)(a) or (5)(b).

             (4) "Transitional ownership record" means a record containing all of the following information:

             (a) The date of sale;

             (b) The name and address of each owner of the vehicle;

             (c) The name and address of each security interest holder;

             (d) If there are multiple security interest holders, the priorities of interest if the security interest holders do not jointly hold a single security interest;

             (e) The vehicle identification number, the license plate number, if any, the year, make, and model of the vehicle;

             (f) The name of the selling dealer or security interest holder who is submitting the transitional ownership record; and

             (g) The transferee's driver's license number, if available.

             (5) The report of sale form prescribed or approved by the department under RCW 46.12.101 may be used by a vehicle dealer as the transitional ownership record.

             (6) Notwithstanding RCW 46.12.095 (1) and (2), compliance with the requirements of this section shall result in perfection of a security interest in the vehicle as of the time the security interest was created. Upon receipt of the certificate of ownership for the vehicle, or upon receipt of written confirmation that only an electronic record of ownership exists or that the certificate of ownership has been lost or destroyed, the selling dealer or new security interest holder shall promptly submit the same to the department together with an application for a new certificate of ownership containing the name and address of the secured party and tender the required fee as provided in RCW 46.12.095(1)."


             Correct the title.

 

Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Robertson and Sherstad.

 

MINORITY recommendation: Do not pass. Signed by Representative Mulliken.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.

             Voting Nay: Representative Mulliken.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6439          Prime Sponsor, Senate Committee on Transportation: Authorizing design-build demonstration projects. Reported by Committee on Transportation Policy & Budget

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds and declares that a contracting procedure that facilitates construction of transportation facilities in a more timely manner may occasionally be needed to ensure that construction can proceed simultaneously with the design of the facility.


             NEW SECTION. Sec. 2. The department of transportation shall develop, by January 1, 1999, a process for awarding competitively bid highway construction contracts for projects over ten million dollars that may be constructed using a design-build procedure. As used in this section, "design-build procedure" means a method of contracting under which the department of transportation contracts with another party for such party to both design and build the structures, facilities, and other items specified in the contract.

             The process developed by the department shall, at a minimum, include the scope of services required under the design-build procedure, contractor prequalification requirements, criteria for evaluating technical information and project costs, contractor selection criteria, and an issue resolution procedure. If a request for proposal will be used, the requirements of RCW 39.10.050 (4), (5), and (6) apply.


             NEW SECTION. Sec. 3. RCW 39.10.080, 39.10.090, and 39.10.100 and the notice requirements of RCW 39.10.030 (2), (3), and (4) apply to this act.


             NEW SECTION. Sec. 4. The department may use the design-build procedure for public works projects over ten million dollars where:

             (1) The construction activities are highly specialized and a design-build approach, as defined in section 2 of this act, is critical in developing the construction methodology; or

             (2) The projects selected provide opportunity for greater innovation and efficiencies between the designer and the builder; or

             (3) Significant savings in project delivery time would be realized.


             NEW SECTION. Sec. 5. Sureties are not responsible for damages, including corrective work, attributable to the design aspect of a design-build project.


             NEW SECTION. Sec. 6. A demonstration program consisting of two projects must be implemented using the design-build method of contracting, as prescribed under a process developed by the department of transportation under section 2 of this act. The department shall select projects valued over ten million dollars for the demonstration program.

             The department shall present progress reports on the demonstration projects to the legislative transportation committee and the alternative public works oversight committee during the course of the performance of the demonstration projects. The department shall present a final detailed report to the legislative transportation committee within one year of completion of the demonstration projects. The report must detail the advantages and disadvantages of the design-build construction process and make recommendations for possible changes in law, and in how the process may be used for future department projects.


             NEW SECTION. Sec. 7. This act expires April 30, 2001, unless extended by the legislature."


             Correct the title.

 

Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Buck; Constantine; DeBolt; Gardner; Hatfield; Johnson; McCune; Murray; O'Brien; Ogden; Radcliff; Robertson; Romero; Scott; Skinner; Sterk; Wood and Zellinsky.


             Voting Yea: Representatives K. Schmidt, Fisher, Hankins, Mielke, Mitchell, Backlund, Buck, Constantine, Cooper, DeBolt, Gardner, Hatfield, Johnson, McCune, Murray, O'Brien, Ogden, Radcliff, Robertson, Romero, Scott, Skinner, Sterk, Wood and Zellinsky.

             Excused: Representatives Cairnes and Chandler.


             Passed to Rules Committee for second reading.


February 27, 1998

E2SSB 6445     Prime Sponsor, Senate Committee on Ways & Means: Modifying provisions relating to children placed in community facilities. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. It is the intent of the legislature to:

             (1) Enhance public safety and maximize the rehabilitative potential of juvenile offenders through modifications to licensed community residential placements for juveniles;

             (2) Ensure community support for community facilities by enabling community participation in decisions involving these facilities and assuring the safety of communities in which community facilities for juvenile offenders are located; and

             (3) Improve public safety by strengthening the safeguards in placement, oversight, and monitoring of the juvenile offenders placed in the community, and by establishing minimum standards for operation of licensed residential community facilities. The legislature finds that community support and participation is vital to the success of community programming.


             Sec. 2. RCW 72.05.020 and 1979 c 141 s 178 are each amended to read as follows:

             As used in this chapter, unless the context requires otherwise:

             (1) "Community facility" means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185. A county detention facility that houses juveniles committed to the department under RCW 13.40.185 pursuant to a contract with the department is not a community facility.

             (2) "Department" means the department of social and health services.

             (3) "Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.

             (4) "Service provider" means the entity that operates a community facility.


             Sec. 3. RCW 74.15.020 and 1997 c 245 s 7 are each 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) "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;

             (h) "Community facility" means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185. A county detention facility that houses juveniles committed to the department under RCW 13.40.185 pursuant to a contract with the department is not a community facility;

             (i) "Service provider" means the entity that operates a community facility.

             (4) "Agency" shall not include the following:

             (a) Persons related to the child, expectant mother, or person with developmental disability 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 (i), (ii), or (iii) of this subsection (4)(a), 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.

             (5) "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.

             (7) "Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.


             Sec. 4. RCW 13.50.010 and 1997 c 386 s 21 and 1997 c 338 s 39 are each reenacted and 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 legislative children's oversight committee, the office of family and children's ombudsman, 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; and any placement oversight committee created under section 9 of this act;

             (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 sentencing guidelines commission under RCW 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.

             (10) Requirements in this chapter relating to the court's authority to compel disclosure shall not apply to the legislative children's oversight committee or the office of the family and children's ombudsman.


             NEW SECTION. Sec. 5. A new section is added to chapter 72.05 RCW to read as follows:

             (1) Whenever the department operates, or the secretary enters a contract to operate, a community facility, the community facility may be operated only after the public notification and opportunities for review and comment as required by this section.

             (2) The secretary shall establish a process for early and continuous public participation in establishing or relocating community facilities. The process shall include, at a minimum, public meetings in the local communities affected, as well as opportunities for written and oral comments, in the following manner:

             (a) If there are more than three sites initially selected as potential locations and the selection process by the secretary or a service provider reduces the number of possible sites for a community facility to no fewer than three, the secretary or the chief operating officer of the service provider shall notify the public of the possible siting and hold at least two public hearings in each community where a community facility may be sited.

             (b) When the secretary or service provider has determined the community facility's location, the secretary or the chief operating officer of the service provider shall hold at least one additional public hearing in the community where the community facility will be sited.

             (c) When the secretary has entered negotiations with a service provider and only one site is under consideration, then at least two public hearings shall be held.

             (d) To provide adequate notice of, and opportunity for interested persons to comment on, a proposed location, the secretary or the chief operating officer of the service provider shall provide at least fourteen days advance notice of the meeting to all newspapers of general circulation in the community, all radio and television stations generally available to persons in the community, any school district in which the community facility would be sited or whose boundary is within two miles of a proposed community facility, any library district in which the community facility would be sited, local business or fraternal organizations that request notification from the secretary or agency, and any person or property owner within a one-half mile radius of the proposed community facility. Before initiating this process, the department shall contact local government planning agencies in the communities containing the proposed community facility. The department shall coordinate with local government agencies to ensure that opportunities are provided for effective citizen input and to reduce the duplication of notice and meetings.

             (3) The secretary shall not issue a license to any service provider until the service provider submits proof that the requirements of this section have been met.

             (4) This section shall apply only to community facilities sited after the effective date of this act.


             NEW SECTION. Sec. 6. A new section is added to chapter 72.05 RCW to read as follows:

             The department shall adopt an infraction policy for juveniles placed in community facilities. The policy shall require written documentation by the department and service providers of all infractions and violations by juveniles of conditions set by the department. Any juvenile who commits a serious infraction or a serious violation of conditions set by the department shall be returned to an institution. The secretary shall not return a juvenile to a community facility until a new risk assessment has been completed and the secretary reasonably believes that the juvenile can adhere to the conditions set by the department. The department shall define the terms "serious infraction" and "serious violation" in rule and shall include but not necessarily limited to the commission of any criminal offense, any unlawful use or possession of a controlled substance, and any use or possession of an alcoholic beverage.


             NEW SECTION. Sec. 7. A new section is added to chapter 74.15 RCW to read as follows:

             (1) Whenever the secretary contracts with a service provider to operate a community facility, the contract shall include a requirement that each service provider must report to the department any known infraction or violation of conditions committed by any juvenile under its supervision. The report must be made immediately upon learning of serious infractions or violations and within twenty-four hours for other infractions or violations.

             (2) The secretary shall adopt rules to implement and enforce the provisions of this section. The rules shall contain a schedule of monetary penalties not to exceed the total compensation set forth in the contract, and include provisions that allow the secretary to terminate all contracts with a service provider that has violations of this section and the rules adopted under this section.

             (3) The secretary shall document in writing all violations of this section and the rules adopted under this section, penalties, actions by the department to remove juveniles from a community facility, and contract terminations. The department shall give great weight to a service provider's record of violations, penalties, actions by the department to remove juveniles from a community facility, and contract terminations in determining to execute, renew, or renegotiate a contract with a service provider.


             NEW SECTION. Sec. 8. A new section is added to chapter 72.05 RCW to read as follows:

             (1) The department shall publish and operate a staffed, toll-free twenty-four-hour hotline for the purpose of receiving reports of violation of conditions set for juveniles who are placed in community facilities.

             (2) The department shall include the phone number on all documents distributed to the juvenile and the juvenile's employer, school, parents, and treatment providers.

             (3) The department shall include the phone number in every contract it executes with any service provider after the effective date of this act.


             NEW SECTION. Sec. 9. A new section is added to chapter 72.05 RCW to read as follows:

             (1) Promptly following the report due under section 17 of this act, the secretary shall develop a process with local governments that allows each community to establish a community placement oversight committee. The department may conduct community awareness activities. The community placement oversight committees developed pursuant to this section shall be implemented no later than September 1, 1999.

             (2) The community placement oversight committees may review and make recommendations regarding the placement of any juvenile who the secretary proposes to place in the community facility.

             (3) The community placement oversight committees, their members, and any agency represented by a member shall not be liable in any cause of action as a result of its decision in regard to a proposed placement of a juvenile unless the committee acts with gross negligence or bad faith in making a placement decision.

             (4) Members of the committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

             (5) Except as provided in RCW 13.40.215, at least seventy-two hours prior to placing a juvenile in a community facility the secretary shall provide to the chief law enforcement officer of the jurisdiction in which the community facility is sited: (a) The name of the juvenile; (b) the juvenile's criminal history; and (c) such other relevant and disclosable information as the law enforcement officer may require.


             NEW SECTION. Sec. 10. A new section is added to chapter 72.05 RCW to read as follows:

             (1) The department shall not initially place an offender in a community facility unless:

             (a) The department has conducted a risk assessment, including a determination of drug and alcohol abuse, and the results indicate the juvenile will pose not more than a minimum risk to public safety; and

             (b) The offender has spent at least ten percent of his or her sentence, but in no event less than thirty days, in a secure institution operated by, or under contract with, the department.

             The risk assessment must include consideration of all prior convictions and all available nonconviction data released upon request under RCW 10.97.050, and any serious infractions or serious violations while under the jurisdiction of the secretary or the courts.

             (2) No juvenile offender may be placed in a community facility until the juvenile's student records and information have been received and the department has reviewed them in conjunction with all other information used for risk assessment, security classification, and placement of the juvenile.

             (3) A juvenile offender shall not be placed in a community facility until the department's risk assessment and security classification is complete and local law enforcement has been properly notified.


             Sec. 11. RCW 28A.600.475 and 1992 c 205 s 120 are each amended to read as follows:

             School districts may participate in the exchange of information with law enforcement and juvenile court officials to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g. When directed by court order or pursuant to any lawfully issued subpoena, a school district shall make student records and information available to law enforcement officials, probation officers, court personnel, and others legally entitled to the information. Except as provided in section 12 of this act, parents and students shall be notified by the school district of all such orders or subpoenas in advance of compliance with them.


             NEW SECTION. Sec. 12. A new section is added to chapter 13.40 RCW to read as follows:

             (1) Pursuant to RCW 28A.600.475, and to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g(b), and in order to serve the juvenile while in detention and to prepare any postconviction services, schools shall make all student records and information necessary for risk assessment, security classification, and placement available to court personnel and the department within three working days of a request under this section.

             (2)(a) When a juvenile has one or more prior convictions, a request for records shall be made by the county prosecuting attorney, or probation department if available, to the school not more than ten days following the juvenile's arrest or detention, whichever occurs later, and prior to trial. The request may be made by subpoena.

             (b) Where a juvenile has no prior conviction, a request to release records shall be made by subpoena upon the juvenile's conviction. When the request for a juvenile's student records and information is made by subpoena following conviction, the court or other issuing agency shall order the school on which the subpoena is served not to disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena. When the court or issuing agency so orders, the school shall not provide notice to the juvenile or his or her parents.


             NEW SECTION. Sec. 13. A new section is added to chapter 72.05 RCW to read as follows:

             (1) The department shall establish by rule, in consultation with the office of the superintendent of public instruction, those student records and information necessary to conduct a risk assessment, make a security classification, and ensure proper placement. Those records shall include at least:

             (a) Any history of placement in special education programs;

             (b) Any past, current, or pending disciplinary action;

             (c) Any history of violent, aggressive, or disruptive behavior, or gang membership, or behavior listed in RCW 13.04.155;

             (d) Any use of weapons that is illegal or in violation of school policy;

             (e) Any history of truancy;

             (f) Any drug or alcohol abuse;

             (g) Any health conditions affecting the juvenile's placement needs; and

             (h) Any other relevant information.

             (2) For purposes of this section "gang" has the meaning defined in RCW 28A.225.225.


             NEW SECTION. Sec. 14. A new section is added to chapter 72.05 RCW to read as follows:

             (1) Whenever the department operates, or the secretary enters a contract to operate, a community facility, the placement and supervision of juveniles must be accomplished in accordance with this section.

             (2) The secretary shall require that any juvenile placed in a community facility and who is employed or assigned as a volunteer be subject to monitoring for compliance with requirements for attendance at his or her job or assignment. The monitoring requirements shall be included in a written agreement between the employer or supervisor, the secretary or chief operating officer of the contracting agency, and the juvenile. The requirements shall include, at a minimum, the following:

             (a) Acknowledgment of the juvenile's offender status;

             (b) The name, address, and telephone number of the community facility at which the juvenile resides;

             (c) The twenty-four-hour telephone number required under section 8 of this act;

             (d) The name and work telephone number of all persons responsible for the supervision of the juvenile;

             (e) A prohibition on the juvenile's departure from the work or volunteer site without prior approval of the person in charge of the community facility;

             (f) A prohibition on personal telephone calls except to the community facility;

             (g) A prohibition on receiving compensation in any form other than a negotiable instrument;

             (h) A requirement that rest breaks during work hours be taken only in those areas at the location which are designated for such breaks;

             (i) A prohibition on visits from persons not approved in advance by the person in charge of the community facility;

             (j) A requirement that any unexcused absence, tardiness, or departure by the juvenile be reported immediately upon discovery to the person in charge of the community facility;

             (k) A requirement that any notice from the juvenile that he or she will not report to the work or volunteer site be verified as legitimate by contacting the person in charge of the community facility; and

             (l) An agreement that the community facility will conduct and document random visits to determine compliance by the juvenile with the terms of this section.

             (3) The secretary shall require that any juvenile placed in a community facility and who is enrolled in a public or private school be subject to monitoring for compliance with requirements for attendance at his or her school. The monitoring requirements shall be included in a written agreement between the school district or appropriate administrative officer, the secretary or chief operating officer of the contracting agency, and the juvenile. The requirements shall include, at a minimum, the following:

             (a) Acknowledgment of the juvenile's offender status;

             (b) The name, address, and telephone number of the community facility at which the juvenile resides;

             (c) The twenty-four-hour telephone number required under section 8 of this act;

             (d) The name and work telephone number of at least two persons at the school to contact if issues arise concerning the juvenile's compliance with the terms of his or her attendance at school;

             (e) A prohibition on the juvenile's departure from the school without prior approval of the appropriate person at the school;

             (f) A prohibition on personal telephone calls except to the community facility;

             (g) A requirement that the juvenile remain on school grounds except for authorized and supervised school activities;

             (h) A prohibition on visits from persons not approved in advance by the person in charge of the community facility;

             (i) A requirement that any unexcused absence or departure by the juvenile be reported immediately upon discovery to the person in charge of the community facility;

             (j) A requirement that any notice from the juvenile that he or she will not attend school be verified as legitimate by contacting the person in charge of the community facility; and

             (k) An agreement that the community facility will conduct and document random visits to determine compliance by the juvenile with the terms of this section.

             (4) The secretary shall require that when any juvenile placed in a community facility is employed, assigned as a volunteer, or enrolled in a public or private school:

             (a) Program staff members shall make and document periodic and random accountability checks while the juvenile is at the school or work facility;

             (b) A program counselor assigned to the juvenile shall contact the juvenile's employer, teacher, or school counselor regularly to discuss school or job performance-related issues.

             (5) The department shall maintain a copy of all agreements executed under this section. The department shall also provide each affected juvenile with a copy of every agreement to which he or she is a party. The service provider shall maintain a copy of every agreement it executes under this section.


             NEW SECTION. Sec. 15. A new section is added to chapter 72.05 RCW to read as follows:

             (1) The department shall establish by rule a policy for the common use of residential group homes for juvenile offenders under the jurisdiction of the juvenile rehabilitation administration and the children's administration.

             (2) A juvenile confined under the jurisdiction of the juvenile rehabilitation administration who is convicted of a class A felony is not eligible for placement in a community facility operated by children's administration that houses juveniles who are not under the jurisdiction of juvenile rehabilitation administration unless:

             (a) The juvenile is housed in a separate living unit solely for juvenile offenders;

             (b) The community facility is a specialized treatment program and the youth is not assessed as sexually aggressive under RCW 13.40.470; or

             (c) The community facility is a specialized treatment program that houses one or more sexually aggressive youth and the juvenile is not assessed as sexually vulnerable under RCW 13.40.470.


             NEW SECTION. Sec. 16. A new section is added to chapter 72.05 RCW to read as follows:

             (1) A person shall not be eligible for an employed or volunteer position within the juvenile rehabilitation administration or any agency with which it contracts in which the person may have regular access to juveniles under the jurisdiction of the department of social and health services or the department of corrections if the person has been convicted of one or more of the following:

             (a) Any felony sex offense;

             (b) Any violent offense, as defined in RCW 9.94A.030.

             (2) Subsection (1) of this section applies only to persons hired by the department or any of its contracting agencies after the effective date of this act.

             (3) Any person employed by the juvenile rehabilitation administration, or by any contracting agency, who may have regular access to juveniles under the jurisdiction of the department or the department of corrections and who is convicted of an offense set forth in this section after the effective date of this act, shall report the conviction to his or her supervisor. The report must be made within seven days of conviction. Failure to report within seven days of conviction constitutes misconduct under Title 50 RCW.

             (4) For purposes of this section "may have regular access to juveniles" means access for more than a nominal amount of time.

             (5) The department shall adopt rules to implement this section.


             NEW SECTION. Sec. 17. (1) The Washington state institute for public policy shall conduct a special study of the contracts, operations, and monitoring of community residential facilities that house juvenile offenders who are under the jurisdiction of the department's juvenile rehabilitation administration.

             (2) The institute must consult with nearby residents, local sheriffs and police chiefs, courts, probation departments, schools, and employers in the community in which the community residential facility is located.

             (3) The institute shall investigate and report on at least the following issues:

             (a) Community residential security, staffing, and operation:

             (i) Are the facilities physically secured with door locks, alarms, video monitors, and other security features so that staff are immediately aware of any unauthorized exits or unauthorized visitors? Which homes are not?

             (ii) What legal barriers exist, if any, that prevent equipping community residential facilities with locks, alarms, video monitors, and other equipment that would make the facilities more physically secure?

             (iii) How much would it cost to equip community residential facilities with security equipment?

             (iv) For each facility describe:

             (A) The staffing level by shift;

             (B) The times, if any, in which offenders are either locked inside secure rooms or locked inside the facility;

             (C) What constitutes an escape;

             (D) How much time must elapse before an unauthorized absence becomes an escape;

             (E) The escape reporting procedure;

             (F) Who may visit the offender and at what hours;

             (G) What is the screening process used to authorize visitors;

             (H) What controls exist to monitor and regulate persons who visit the facilities; and

             (I) Whether offenders share bedrooms.

             (v) Describe the monitoring level by the juvenile rehabilitation administration and specifically address the following:

             (A) How often does the juvenile rehabilitation staff visit the community residential facilities?

             (B) How many of these visits are random, unannounced, or conducted at night and on weekends and holidays?

             (C) What does the juvenile rehabilitation staff person investigate when conducting these visits?

             (D) How often does the juvenile rehabilitation staff contact neighbors, schools, employers, and law enforcement to determine whether juvenile offenders in the community residential facilities are disruptive or that staff is responsive to community concerns?

             (b) Offender intake and assessment procedures:

             (i) Identify procedural and financial barriers to sharing information about juvenile offenders in community residential facilities between the juvenile rehabilitation administration, schools, courts, law enforcement, other department of social and health services' programs including the division of children and family services and the division of alcohol and substance abuse, and the public.

             (ii) What authority does the state have to remove the barriers?

             (iii) Identify what entity is responsible for collecting risk assessment data. Describe the process and if it varies in different counties.

             (iv) What types and sources of data are being collected inconsistently?

             (v) What types and sources of data are being used inconsistently in performing risk assessments?

             (vi) What safeguards exist to ensure that assessments are being made with complete information?

             (c) Violations or infractions committed by juvenile offenders in community residential facilities:

             (i) How many violations, by type and seriousness level, have occurred or have been reported about juvenile offenders residing in community residential facilities during fiscal year 1997?

             (ii) What appeals process, if any, exists that governs an offender's appeal from a finding that the offender committed an infraction?

             (d) Community notification and participation in the facility siting and offender placement process:

             (i) What process, if any, does the juvenile rehabilitation administration use to notify local law enforcement, residents, schools, and businesses that a community residential facility that will house juvenile offenders will be located in a particular place?

             (ii) What process, if any, does the juvenile rehabilitation administration or the community residential facilities use to notify the individuals and entities identified in (d)(i) of this subsection regarding the placement of specific offenders into a community residential facility?

             (iii) To what extent, if any, does the juvenile rehabilitation administration or the community residential facility seek public comment on or participation in siting community residential facilities or placing particular offenders in those facilities?

             (iv) Compare the department of corrections' practices in obtaining community comment and participation in siting facilities and placement of offenders;

             (v) Identify models in other jurisdictions that provide for greater community comment and participation in siting facilities and placement of offenders;

             (vi) Identify any legal, procedural, practical barriers to increasing community comment and participation in siting facilities and placement of offenders.

             (e) Juvenile detention standards:

             (i) What standards are in place and proposed for all existing and planned detention facilities in this state?

             (ii) What is the current compliance of detention standards with recommended American correctional association standards and those delineated in RCW 13.06.050?

             (iii) What concerns, problems, or issues regarding current standards have a direct impact on the safety and health of offenders, staff, and the community?

             (iv) Identify and make recommendations with regard to the improvements needed including a timeline for the implementation of such improvements;

             (v) Recommend a schedule for periodic review of juvenile detention standards;

             (vi) Analyze the costs to implement the recommendations in accordance with the recommended timeline.

             (f) Recidivism rates of juveniles receiving parole services who are not sex offenders or receiving services under RCW 13.40.212, compared with juveniles who do not receive parole services.

             (4) The institute shall recommend changes to existing laws, procedures, and practices governing community residential facilities to increase public safety, community residential facility security, protection of juvenile offenders housed in community residential facilities, and community comment and participation in siting facilities and placement of offenders. The institute shall also identify costs associated with implementing recommended changes.

             (5) An initial status report of the progress of the study shall be presented to the senate human services and corrections committee and the house criminal justice and corrections committee no later than September 1, 1998. The institute shall present a final report to those committees no later than December 1, 1998.


             NEW SECTION. Sec. 18. The code reviser shall alphabetize the definitions in RCW 13.50.010 and 74.15.020 and correct any references.


             NEW SECTION. Sec. 19. This act takes effect September 1, 1998."


             Correct the title.

 

Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.


             Referred to Committee on Appropriations.


February 26, 1998

SSB 6474          Prime Sponsor, Senate Committee on Agriculture & Environment: Adopting the fertilizer regulation act. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. (1) The legislature intends to strengthen the state's fertilizer adulteration laws to protect human health and the environment by:

             (a) Ensuring that all fertilizers meet standards for allowable metals;

             (b) Allowing fertilizer purchasers and users to know about the contents of fertilizer products; and

             (c) Clarifying the department of ecology's oversight authority over waste-derived fertilizers.

             (2) The legislature intends to provide better information to the public on fertilizers, soils, and potential health effects by authorizing additional studies on plant uptake of metals and levels of dioxins in soils and products.


             Sec. 2. RCW 15.54.270 and 1997 c 427 s 1 are each amended to read as follows:

             Terms used in this chapter have the meaning given to them in this chapter unless the context clearly indicates otherwise.

             (1) "Brand" means a term, design, or trademark used in connection with the distribution and sale of one or more grades of commercial fertilizers.

             (2) "Bulk fertilizer" means commercial fertilizer distributed in a ((nonpackage)) nonpackaged form such as, but not limited to, tote bags, tote tanks, bins, tanks, trailers, spreader trucks, and railcars.

             (3) "Calcium carbonate equivalent" means the acid-neutralizing capacity of an agricultural liming material expressed as a weight percentage of calcium carbonate.

             (4) "Commercial fertilizer" means a substance containing one or more recognized plant nutrients and that is used for its plant nutrient content or that is designated for use or claimed to have value in promoting plant growth, and shall include limes, gypsum, and manipulated animal and vegetable manures((, and a material approved under RCW 70.95.830)). It does not include unmanipulated animal and vegetable manures, organic waste-derived material, and other products exempted by the department by rule.

             (5) "Composting" means the controlled aerobic degradation of organic waste materials. Natural decay of organic waste under uncontrolled conditions is not composting.

             (6) "Customer-formula fertilizer" means a mixture of commercial fertilizer or materials of which each batch is mixed according to the specifications of the final purchaser.

             (((6))) (7) "Department" means the department of agriculture of the state of Washington or its duly authorized representative.

             (((7))) (8) "Director" means the director of the department of agriculture.

             (((8))) (9) "Distribute" means to import, consign, manufacture, produce, compound, mix, or blend commercial fertilizer, or to offer for sale, sell, barter, exchange, or otherwise supply commercial fertilizer in this state.

             (((9))) (10) "Distributor" means a person who distributes.

             (((10))) (11) "Fertilizer material" means a commercial fertilizer that either:

             (a) Contains important quantities of no more than one of the primary plant nutrients: Nitrogen, phosphate, and potash;

             (b) Has eighty-five percent or more of its plant nutrient content present in the form of a single chemical compound; or

             (c) Is derived from a plant or animal residue or byproduct or natural material deposit that has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration.

             (12) "Grade" means the percentage of total nitrogen, available phosphoric acid, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the "guaranteed analysis," unless otherwise allowed by a rule adopted by the department. Specialty fertilizers may be guaranteed in fractional units of less than one percent of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or potash. Fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units.

             (((11))) (13) "Guaranteed analysis."

             (a) Until the director prescribes an alternative form of "guaranteed analysis" by rule the term "guaranteed analysis" shall mean the minimum percentage of plant nutrients claimed in the following order and form:

Total nitrogen (N) . . . . .. . . . . . .. . . . . . .. . . . . . . percent

Available phosphoric acid (P205) . . . . . .. . . . . . . percent

Soluble potash (K20) . . . . . . . . .. . . . . . .. . . . . . . percent

             The percentage shall be stated in whole numbers unless otherwise allowed by the department by rule.

             The "guaranteed analysis" may also include elemental guarantees for phosphorus (P) and potassium (K).

             (b) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphatic materials, the total phosphoric acid or degree of fineness may also be guaranteed.

             (c) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium shall be as allowed or required by rule of the department. The guarantees for such other nutrients shall be expressed in the form of the element.

             (d) The guaranteed analysis for limes shall include the percentage of calcium or magnesium expressed as their carbonate; the calcium carbonate equivalent as determined by methods prescribed by the association of official analytical chemists; and the minimum percentage of material that will pass respectively a one hundred mesh, sixty mesh, and ten mesh sieve. The mesh size declaration may also include the percentage of material that will pass additional mesh sizes.

             (e) In commercial fertilizer, the principal constituent of which is calcium sulfate (gypsum), the percentage of calcium sulfate (CaS04.2H20) shall be given along with the percentage of total sulfur.

             (((f) The guaranteed analysis for a material approved under RCW 70.95.830 and to be used as a soil amendment shall include the name and percentage of each soil amending ingredient and the total percentage of all other ingredients.

             (12))) (14) "Imported fertilizer" means any fertilizer distributed into Washington from any other state, province, or country.

             (15) "Label" means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a fertilizer.

             (((13))) (16) "Labeling" includes all written, printed, or graphic matter, upon or accompanying a commercial fertilizer, or advertisement, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer.

             (((14))) (17) "Licensee" means the person who receives a license to distribute a commercial fertilizer under the provisions of this chapter.

             (((15))) (18) "Lime" means a substance or a mixture of substances, the principal constituent of which is calcium or magnesium carbonate, hydroxide, or oxide, singly or combined.

             (((16))) (19) "Manipulation" means processed or treated in any manner, including drying to a moisture content less than thirty percent.

             (((17))) (20) "Manufacture" means to compound, produce, granulate, mix, blend, repackage, or otherwise alter the composition of fertilizer materials.

             (((18))) (21) "Micronutrients" are: Boron; chlorine; cobalt; copper; iron; manganese; molybdenum; sodium; and zinc.

             (22) "Micronutrient fertilizer" means a produced or imported commercial fertilizer that contains commercially valuable concentrations of micronutrients but does not contain commercially valuable concentrations of nitrogen, phosphoric acid, available phosphorus, potash, calcium, magnesium, or sulfur.

             (23) "Official sample" means a sample of commercial fertilizer taken by the department and designated as "official" by the department.

             (((19))) (24) "Organic waste-derived material" means grass clippings, leaves, weeds, bark, plantings, prunings, and other vegetative wastes, uncontaminated wood waste from logging and milling operations, food wastes, food processing wastes, and materials derived from these wastes through composting. "Organic waste-derived material" does not include products that include biosolids.

             (25) "Packaged fertilizer" means commercial fertilizers, either agricultural or specialty, distributed in nonbulk form.

             (((20))) (26) "Person" means an individual, firm, brokerage, partnership, corporation, company, society, or association.

             (((21))) (27) "Percent" or "percentage" means the percentage by weight.

             (((22))) (28) "Produce" means to compound or fabricate a commercial fertilizer through a physical or chemical process, or through mining. "Produce" does not include mixing, blending, or repackaging commercial fertilizer products.

             (29) "Registrant" means the person who registers commercial fertilizer under the provisions of this chapter.

             (((23))) (30) "Specialty fertilizer" means a commercial fertilizer distributed primarily for nonfarm use, such as, but not limited to, use on home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries.

             (((24))) (31) "Ton" means the net weight of two thousand pounds avoirdupois.

             (((25))) (32) "Total nutrients" means the sum of the percentages of total nitrogen, available phosphoric acid, and soluble potash as guaranteed and as determined by analysis.

             (33) "Washington application rate" is calculated by using an averaging period of up to four consecutive years that incorporates agronomic rates that are representative of soil, crop rotation, and climatic conditions in Washington state.

             (34) "Waste-derived fertilizer" means a commercial fertilizer that is derived in whole or in part from solid waste as defined in chapter 70.95 or 70.105 RCW, or rules adopted thereunder, but does not include fertilizers derived from biosolids or biosolids products regulated under chapter 70.95J RCW or wastewaters regulated under chapter 90.48 RCW.


             Sec. 3. RCW 15.54.275 and 1993 c 183 s 2 are each amended to read as follows:

             (1) No person may distribute a ((commercial)) bulk fertilizer in this state((, except packaged fertilizers,)) until a license to distribute has been obtained by that person. An annual license is required for each out-of-state or in-state location that distributes ((nonpackaged commercial)) bulk fertilizer in Washington state. An application for each location shall be filed on forms provided by the master license system and shall be accompanied by an annual fee of twenty-five dollars per location. The license shall expire on the master license expiration date.

             (2) An application for license shall include the following:

             (a) The name and address of licensee.

             (b) Any other information required by the department by rule.

             (3) The name and address shown on the license shall be shown on all labels, pertinent invoices, and storage facilities for fertilizer distributed by the licensee in this state.

             (4) If an application for license renewal provided for in this section is not filed prior to (([the])) the master license expiration date, a delinquency fee of twenty-five dollars shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued. The assessment of this delinquency fee shall not prevent the department from taking any other action as provided for in this chapter. The penalty shall not apply if the applicant furnishes an affidavit that he or she has not distributed this commercial fertilizer subsequent to the expiration of his or her prior license.


             Sec. 4. RCW 15.54.325 and 1993 c 183 s 3 are each amended to read as follows:

             (1) No person may distribute in this state a ((packaged)) commercial fertilizer until it ((is)) has been registered with the department by the ((distributor whose name appears on the label)) producer, importer, or packager of that product. A bulk fertilizer does not require registration if all commercial fertilizer products contained in the final product are registered.

             (2) An application for ((each packaged fertilizer product)) registration shall be made on a form furnished by the department and shall be accompanied by ((an initial)) a fee of twenty-five dollars for ((the first)) each product ((and ten dollars for each additional product)). Labels for each product shall accompany the application. All companies planning to mix ((packaged)) customer-formula fertilizers shall include the statement "customer-formula grade mixes" under the column headed "product name" on the product registration application form. All customer-formula fertilizers sold under one brand name shall be considered one product. ((Upon the approval of an application by the department, a copy of the registration shall be furnished to the applicant. All registrations expire on June 30th of each year except that for the period beginning January 1, 1994, the registration shall expire on June 30, 1995.

             (2))) (3) An application for registration shall include the following:

             (a) The product name;

             (b) The brand and grade;

             (c) The guaranteed analysis;

             (d) Name ((and)), address, and phone number of the registrant;

             (e) Labels for each product being registered;

             (f) Identification of those products that are (i) waste-derived fertilizers, (ii) micronutrient fertilizers, or (iii) fertilizer materials containing phosphate;

             (g) Identification of the fertilizer components in the commercial fertilizer product and verification that all the components are registered. If any of the components are not registered, then the application must include the concentration of each metal in each fertilizer component, for which standards are established under RCW 15.54.800;

             (h) Waste-derived fertilizers and micronutrient fertilizers shall include at a minimum, information to ensure the product complies with chapter 70.105 RCW and the resource conservation and recovery act, 42 U.S.C. Sec. 6901 et seq.; and

             (i) Any other information required by the department by rule.

             (((3))) (4) If an application for renewal of the product registration provided for in this section is not filed prior to July 1st of any one year, a penalty of ten dollars per product shall be assessed and added to the original fee and shall be paid by the applicant before the renewal registration shall be issued. The assessment of this late collection fee shall not prevent the department from taking any other action as provided for in this chapter. The penalty shall not apply if the applicant furnishes an affidavit that he or she has not distributed this commercial fertilizer subsequent to the expiration of his or her prior registration.


             Sec. 5. RCW 15.54.330 and 1993 c 183 s 4 are each amended to read as follows:

             (1) The department shall examine the ((packaged)) commercial fertilizer product registration application form and labels for conformance with the requirements of this chapter. If the application and appropriate labels are in proper form and contain the required information, the particular ((packaged)) commercial fertilizer products shall be registered by the department and a certificate of registration shall be issued to the applicant. All registrations expire June 30th of each year.

             (2) In reviewing the ((packaged)) commercial fertilizer product registration application, the department may consider experimental data, manufacturers' evaluations, data from agricultural experiment stations, product review evaluations, or other authoritative sources to substantiate labeling claims. The data shall be from statistically designed and analyzed trials representative of the soil, crops, and climatic conditions found in the northwestern area of the United States.

             (3) In determining whether approval of a labeling statement or guarantee of an ingredient is appropriate, the department may require the submission of a written statement describing the methodology of laboratory analysis utilized, the source of the ingredient material, and any reference material relied upon to support the label statement or guarantee of ingredient.

             (4) Before registering a waste-derived fertilizer or micronutrient fertilizer, the department shall obtain written approval from the department of ecology as provided in RCW 15.54.800. Once a waste-derived fertilizer or micronutrient fertilizer has been approved by the department of ecology, its subsequent use in another product during that registration cycle shall not require department of ecology review. This subsection shall apply to new and renewal registration applications for periods beginning July 1, 1999, and thereafter.


             Sec. 6. RCW 15.54.340 and 1993 c 183 s 5 are each amended to read as follows:

             (1) Any ((packaged)) commercial fertilizer distributed in this state ((in containers)) shall have placed on or affixed to the package a label setting forth in clearly legible and conspicuous form the following information:

             (a) The net weight;

             (b) The product name, brand, and grade. The grade is not required if no primary nutrients are claimed;

             (c) The guaranteed analysis;

             (d) The name and address of the registrant or licensee. The name and address of the manufacturer, if different from the registrant or licensee, may also be stated; ((and))

             (e) Any information required under WAC 296-62-054;

             (f) At a minimum the following labeling statement: "This product has been registered with the Washington State Department of Agriculture. When applied as directed, this fertilizer meets the Washington standards for arsenic, cadmium, cobalt, mercury, molybdenum, lead, nickel, selenium, and zinc. You have the right to receive specific information about Washington standards from the distributor of this product.";

             (g) After July 1, 1999, the label must also state: "Information received by the Washington State Department of Agriculture regarding the components in this product is available on the internet at http://www.wa.gov/agr/."; and

             (h) Other information as required by the department by rule.

             (2) If a commercial fertilizer is distributed in bulk, a written or printed statement of the information required by subsection (1) ((above)) of this section shall accompany delivery and be supplied to the purchaser at the time of delivery.

             (3) Each delivery of a customer-formula fertilizer shall be subject to containing those ingredients specified by the purchaser, which ingredients shall be shown on the statement or invoice with the amount contained therein, and a record of all invoices of customer-formula grade mixes shall be kept by the registrant or licensee for a period of twelve months and shall be available to the department upon request: PROVIDED, That each such delivery shall be accompanied by either a statement, invoice, a delivery slip, or a label if bagged, containing the following information: The net weight; the brand; the guaranteed analysis which may be stated to the nearest tenth of a percent or to the next lower whole number; the name and address of the registrant or licensee, or manufacturer, or both; and the name and address of the purchaser.

             (4) Any person who distributes a commercial fertilizer in this state shall make available to the purchaser on request, a copy of standards for metals established in RCW 15.54.800.


             Sec. 7. RCW 15.54.380 and 1993 c 183 s 9 are each amended to read as follows:

             (1) If the analysis shall show that any commercial fertilizer falls short of the guaranteed analysis in any one plant nutrient or in total nutrients, penalty shall be assessed in favor of the department in accordance with the following provisions:

             (a) A penalty of three times the commercial value of the deficiency, if such deficiency in any one plant nutrient is more than two percent under guarantee on any one commercial fertilizer in which that plant nutrient is guaranteed up to and including ten percent; a penalty of three times the commercial value of the deficiency, if such deficiency in any one plant nutrient is more than three percent under guarantee on any one commercial fertilizer in which that plant nutrient is guaranteed from ten and one-tenth percent to twenty percent; a penalty of three times the commercial value of the deficiency, if such deficiency in any one plant nutrient is more than four percent under guarantee on any one commercial fertilizer in which that plant nutrient is guaranteed twenty and one-tenth percent and above.

             (b) A penalty of three times the commercial value of the total nutrient deficiency shall be assessed when such deficiency is more than two percent under the calculated total nutrient guarantee.

             (c) When a commercial fertilizer is subject to penalty under both (a) and (b) ((above)) of this subsection, only the larger penalty shall be assessed.

             (2) All penalties assessed under this section on any one commercial fertilizer, represented by the sample analyzed, shall be paid to the department within three months after the date of notice from the department to the registrant or licensee. The department shall deposit the amount of the penalty into ((the fertilizer, agricultural mineral and lime account)) an account with the agricultural local fund.

             (3) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for a judgment as to the justification of such penalties imposed under subsections (1) and (2) ((above)) of this section.

             (4) The civil penalties payable in subsections (1) and (2) ((above)) of this section shall in no manner be construed as limiting the consumer's right to bring a civil action in damage against the registrant or licensee paying said civil penalties.


             Sec. 8. RCW 15.54.414 and 1993 c 183 s 10 are each amended to read as follows:

             No person may distribute an adulterated commercial fertilizer. A commercial fertilizer is adulterated:

             (1) If it contains any deleterious or harmful ((ingredient)) substance in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use which may be necessary to protect plant life are not shown upon the label;

             (2) If its composition falls below or differs from that which it is purported to possess by its labeling; ((or))

             (3) If it contains unwanted viable seed; or

             (4) If the concentration of any nonnutritive constituent in a representative sample of commercial fertilizer exceeds the maximum concentration stated on the registration application or on the label.


             Sec. 9. RCW 15.54.420 and 1993 c 183 s 11 are each amended to read as follows:

             It shall be unlawful for any person to:

             (1) Distribute an adulterated or misbranded commercial fertilizer;

             (2) Fail, refuse, or neglect to place upon or attach to each package of distributed commercial fertilizer a label containing all of the information required by this chapter;

             (3) Fail, refuse, or neglect to deliver to a purchaser of bulk commercial fertilizer a statement containing the information required by this chapter;

             (4) Distribute a ((packaged)) commercial fertilizer product which has not been registered with the department;

             (5) Distribute bulk fertilizer without holding a license to do so;

             (6) ((Distribute unregistered packaged fertilizer. It is the responsibility of the person who manufactures or subsequently packages that fertilizer to register it prior to distribution in this state;

             (7))) Refuse or neglect to keep and maintain records, or to make reports when and as required; or

             (((8))) (7) Make false or fraudulent applications, records, invoices, or reports.


             Sec. 10. RCW 15.54.436 and 1993 c 183 s 12 are each amended to read as follows:

             The department may cancel the license to distribute commercial fertilizer or registration of any ((packaged)) commercial fertilizer product or refuse to license a distributor or register any ((packaged)) commercial fertilizer product as provided in this chapter due to:

             (1) An incomplete or insufficient license or registration application;

             (2) The misbranding or adulteration of a commercial fertilizer; or

             (3) A violation of this chapter or rules adopted under this chapter.

             If the department cancels or refuses to renew an existing license or registration due to the misbranding or adulteration of a commercial fertilizer or due to a violation of this chapter or a rule adopted hereunder, the licensee/registrant or applicant may request a hearing as provided for in chapter 34.05 RCW.


             Sec. 11. RCW 15.54.470 and 1993 c 183 s 13 are each amended to read as follows:

             (1) Any person who violates any provision of this chapter shall be guilty of a misdemeanor, and the fines collected shall be disposed of as provided under RCW 15.54.480.

             (2) Nothing in this chapter shall be considered as requiring the department to report for prosecution or to cancel the registration of a ((packaged)) commercial fertilizer product or to stop the sale of fertilizers for violations of this chapter, when violations are of a minor character, and/or when the department believes that the public interest will be served and protected by a suitable notice of the violation in writing.

             (3) It shall be the duty of each prosecuting attorney to whom any violation of this chapter is reported, to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the department reports a violation of this chapter for such prosecution, an opportunity shall be given the distributor to present his or her view in writing or orally to the department.

             (4) The department is hereby authorized to apply for, and the court authorized to grant, a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule adopted under this chapter, notwithstanding the existence of any other remedy at law. Any such injunction shall be issued without bond.


             Sec. 12. RCW 15.54.474 and 1987 c 45 s 10 are each amended to read as follows:

             Every person who fails to comply with this chapter, or any rule adopted under it, may be subjected to a civil penalty, as determined by the director, in an amount of not more than ((one)) seven thousand five hundred dollars for every such violation. Each and every such violation shall be a separate and distinct offense. Every person, who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this chapter and may be subject to the penalty provided for in this section.


             Sec. 13. RCW 15.54.480 and 1988 c 254 s 3 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, all moneys collected under the provisions of this chapter shall be paid to the director and deposited in an account within the agricultural local fund. Such deposits shall be used only in the administration and enforcement of this chapter. ((Any residual balance remaining in the fertilizer, agricultural mineral and lime fund on June 9, 1988, shall be transferred to that account within the agricultural local fund.))

             (2) Moneys collected under RCW 15.54.474 shall be deposited in the general fund.


             NEW SECTION. Sec. 14. The department of agriculture shall conduct a comprehensive study of plant uptake of metals. The department shall work cooperatively with the department of ecology and the department of health to interpret the study results regarding potential impacts to public and environmental health. A report of the results of the study shall be submitted to appropriate committees of the legislature by December 31, 2000.


             Sec. 15. RCW 15.54.800 and 1997 c 427 s 3 are each amended to read as follows:

             (1) The director shall administer and enforce the provisions of this chapter and any rules adopted under this chapter. All authority and requirements provided for in chapter 34.05 RCW apply to this chapter in the adoption of rules.

             (2) The director may adopt appropriate rules for carrying out the purpose and provisions of this chapter, including but not limited to rules providing for:

             (a) Definitions of terms;

             (b) Determining standards for labeling and registration of commercial fertilizers;

             (c) The collection and examination of commercial fertilizers;

             (d) Recordkeeping by registrants and licensees;

             (e) Regulation of the use and disposal of commercial fertilizers for the protection of ground water and surface water; and

             (f) The safe handling, transportation, storage, display, and distribution of commercial fertilizers.

             (3)(a) Standards are established for allowable levels of nonnutritive substances in commercial fertilizers. These standards are Canadian figures for agricultural and agri-food Canadian maximum acceptable cumulative metal additions to soil established under Trade Memorandum T-4-93 dated August 1996. Washington application rates shall be used to ensure that the maximum acceptable cumulative metal additions to soil are not exceeded.

             (b) If federal or other risk-based standards are adopted or scientific peer-reviewed studies show that the standards adopted in this section are not at the appropriate level to protect human health or the environment, the department, in consultation with the departments of ecology and health, may initiate a rule making to amend these standards.


             NEW SECTION. Sec. 16. A new section is added to chapter 15.54 RCW to read as follows:

             (1) After receipt from the department of the completed application required by RCW 15.54.325, the department of ecology shall evaluate whether the use of the proposed waste-derived fertilizer or the micronutrient fertilizer as defined in RCW 15.54.270 is consistent with the following:

             (a) Chapter 70.95 RCW, the solid waste management act;

             (b) Chapter 70.105 RCW, the hazardous waste management act; and

             (c) 42 U.S.C. Sec. 6901 et seq., the resource conservation and recovery act.

             (2) The department of ecology shall apply the standards adopted in RCW 15.54.800. If more stringent standards apply under chapter 173-303 WAC for the same constituents, the department of ecology must use the more stringent standards.

             (3) Within sixty days of receiving the completed application, the department of ecology shall advise the department as to whether the application complies with the requirements of subsections (1) and (2) of this section. In making a determination, the department of ecology shall consult with the department of health and the department of labor and industries.

             (4) A party aggrieved by a decision of the department of ecology to issue a written approval under this section or to deny the issuance of such an approval may appeal the decision to the pollution control hearings board within thirty days of the decision. Review of such a decision shall be conducted in accordance with chapter 43.21B RCW. Any subsequent appeal of a decision of the hearings board shall be obtained in accordance with RCW 43.21B.180.


             Sec. 17. RCW 70.95.030 and 1997 c 213 s 1 are each amended to read as follows:

             As used in this chapter, unless the context indicates otherwise:

             (1) "City" means every incorporated city and town.

             (2) "Commission" means the utilities and transportation commission.

             (3) "Committee" means the state solid waste advisory committee.

             (4) "Composted material" means organic solid waste that has been subjected to controlled aerobic degradation at a solid waste facility in compliance with the requirements of this chapter. Natural decay of organic solid waste under uncontrolled conditions does not result in composted material.

             (5) "Department" means the department of ecology.

             (((5))) (6) "Director" means the director of the department of ecology.

             (((6))) (7) "Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.

             (((7))) (8) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste.

             (((8))) (9) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.

             (((9))) (10) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion.

             (((10))) (11) "Jurisdictional health department" means city, county, city-county, or district public health department.

             (((11))) (12) "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility.

             (((12))) (13) "Local government" means a city, town, or county.

             (((13))) (14) "Modify" means to substantially change the design or operational plans including, but not limited to, removal of a design element previously set forth in a permit application or the addition of a disposal or processing activity that is not approved in the permit.

             (((14))) (15) "Multiple family residence" means any structure housing two or more dwelling units.

             (((15))) (16) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

             (((16))) (17) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan. Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2), local governments may identify recyclable materials by ordinance from July 23, 1989.

             (((17))) (18) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.

             (((18))) (19) "Residence" means the regular dwelling place of an individual or individuals.

             (((19))) (20) "Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials, generated from a wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW.

             (((20))) (21) "Soil amendment" means any substance that is intended to improve the physical characteristics of the soil, except composted material, commercial fertilizers, agricultural liming agents, unmanipulated animal manures, unmanipulated vegetable manures, food wastes, food processing wastes, and materials exempted by rule of the department, such as biosolids as defined in chapter 70.95J RCW and wastewater as regulated in chapter 90.48 RCW.

             (22) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.

             (((21))) (23) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.

             (((22))) (24) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.

             (((23))) (25) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.

             (((24))) (26) "Waste-derived soil amendment" means any soil amendment as defined in this chapter that is derived from solid waste as defined in RCW 70.95.030, but does not include biosolids or biosolids products regulated under chapter 70.95J RCW or wastewaters regulated under chapter 90.48 RCW.

             (27) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.


             NEW SECTION. Sec. 18. A new section is added to chapter 70.95 RCW to read as follows:

             (1) Waste-derived soil amendments that meet the standards and criteria in this section may apply for exemption from solid waste permitting as required under RCW 70.95.170. The application shall be submitted to the department in a format determined by the department or an equivalent format. The application shall include:

             (a) Analytical data showing that the waste-derived soil amendments meet standards established under RCW 15.54.800; and

             (b) Other information deemed appropriate by the department to protect human health and the environment.

             (2) After receipt of an application, the department shall review it to determine whether the application is complete, and forward a copy of the complete application to all interested jurisdictional health departments for review and comment. Within forty-five days, the jurisdictional health departments shall forward their comments and any other information they deem relevant to the department, which shall then give final approval or disapproval of the application. Every complete application shall be approved or disapproved by the department within ninety days after receipt.

             (3) The department, after providing opportunity for comments from the jurisdictional health departments, may at any time revoke an exemption granted under this section if the quality or use of the waste-derived soil amendment changes or the management, storage, or end use of the waste-derived soil amendment constitutes a threat to human health or the environment.

             (4) Any aggrieved party may appeal the determination by the department in subsection (2) or (3) of this section to the pollution control hearings board.


             Sec. 19. RCW 70.95.240 and 1997 c 427 s 4 are each amended to read as follows:

             (1) After the adoption of regulations or ordinances by any county, city, or jurisdictional board of health providing for the issuance of permits as provided in RCW 70.95.160, it shall be unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of this state except at a solid waste disposal site for which there is a valid permit. This section ((shall)) does not:

             (a) Prohibit a person from dumping or depositing solid waste resulting from his or her own activities onto or under the surface of ground owned or leased by him or her when such action does not violate statutes or ordinances, or create a nuisance; ((or))

             (b) ((Apply to a person using a material or materials on the land as commercial fertilizer if (i) the department of ecology has issued written approval for the use of the material or materials as commercial fertilizer as provided in RCW 70.95.830, (ii) the registration of the material or materials as a packaged commercial fertilizer has not been canceled under RCW 15.54.335, and (iii) the distribution of the material or materials as a commercial fertilizer has not been prohibited by the department of agriculture under RCW 15.54.335)) Apply to a person using a waste-derived soil amendment that has been approved by the department under section 18 of this act; or

             (c) Apply to the application of commercial fertilizer that has been registered with the department of agriculture as provided in RCW 15.54.325, and that is applied in accordance with the standards established in RCW 15.54.800(3).

             (2)(a) It is a class 3 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

             (b) It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of twenty-five dollars per cubic foot of litter. The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.


             NEW SECTION. Sec. 20. The department of ecology, in conjunction with the departments of agriculture and health, shall undertake a study of whether dioxins occur in fertilizers, soil amendments, and soils and if so, at what levels. The department of ecology shall seek additional financial and technical assistance from appropriate federal agencies, the fertilizer industry, and other appropriate sources in conducting this study. The department of ecology shall report its findings to the legislature in November 1998.


             NEW SECTION. Sec. 21. A new section is added to chapter 15.54 RCW to read as follows:

             (1) The department shall expand its fertilizer data base to include additional information required for registration under RCW 15.54.325 and 15.54.330.

             (2) Except for confidential information under RCW 15.54.362 regarding fertilizer tonnages distributed in the state, information in the fertilizer data base shall be made available to the public upon request.

             (3) The department, and the department of ecology in consultation with the department of health, shall biennially prepare a report to the legislature presenting information on levels of nonnutritive substances in fertilizers. Results from agency testing of products that were sampled shall also be displayed. The first such report will be provided to the legislature by December 1, 1999.

             (4) After July 1, 1999, the department shall post on the internet the information contained in applications for fertilizer registration.


             Sec. 22. RCW 43.21B.110 and 1993 c 387 s 22 are each amended to read as follows:

             (1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, ((the administrator of the office of marine safety,)) and the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, or local health departments:

             (a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330.

             (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, and 90.48.120.

             (c) The issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, or the modification of the conditions or the terms of a waste disposal permit.

             (d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.

             (e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.

             (f) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under section 16 of this act, and decisions of the department regarding waste-derived soil amendments under section 18 of this act.

             (g) Any other decision by the department((, the administrator of the office of marine safety,)) or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.

             (2) The following hearings shall not be conducted by the hearings board:

             (a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.

             (b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.

             (c) Proceedings by the department relating to general adjudications of water rights pursuant to chapter 90.03 or 90.44 RCW.

             (d) Hearings conducted by the department to adopt, modify, or repeal rules.

             (3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the Administrative Procedure Act, chapter 34.05 RCW.


             NEW SECTION. Sec. 23. The following acts or parts of acts are each repealed:

                                       (1)        RCW 15.54.335 and 1997 c 427 s 2; and

                                       (2)        RCW 70.95.830 and 1997 c 427 s 5.


             NEW SECTION. Sec. 24. This act may be known and cited as the fertilizer regulation act.


             NEW SECTION. Sec. 25. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void."


             On page 1, line 1 of the title, after "regulation;" strike the remainder of the title and insert "amending RCW 15.54.270, 15.54.275, 15.54.325, 15.54.330, 15.54.340, 15.54.380, 15.54.414, 15.54.420, 15.54.436, 15.54.470, 15.54.474, 15.54.480, 15.54.800, 70.95.030, 70.95.240, and 43.21B.110; adding new sections to chapter 15.54 RCW; adding a new section to chapter 70.95 RCW; creating new sections; repealing RCW 15.54.335 and 70.95.830; and prescribing penalties."

 

Signed by Representatives Chandler, Chairman; Parlette, Vice Chairman; Schoesler, Vice Chairman; Linville, Ranking Minority Member; Cooper; Delvin; Koster; Mastin; Regala and Sump.

 

MINORITY recommendation: Without recommendation. Signed by Representative Anderson, Assistant Ranking Minority Member.


             Voting Yea: Representatives Chandler, Schoesler, Parlette, Linville, Cooper, Delvin, Koster, Regala and Sump.

             Voting Nay: Representative Anderson.

             Excused: Representative Mastin.


             Passed to Rules Committee for second reading.


February 27, 1998

ESSB 6492       Prime Sponsor, Senate Committee on Law & Justice: Creating two new superior court positions for Yakima county. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Constantine, Carrell, Lambert, Mulliken and Sherstad.

             Excused: Representatives Costa, Cody, Kenney, Lantz and Robertson.


             Referred to Committee on Appropriations.


February 27, 1998

ESSB 6497       Prime Sponsor, Senate Committee on Government Operations: Taking private property. Reported by Committee on Government Reform & Land Use

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 36.70A.370 and 1991 sp.s. c 32 s 18 are each amended to read as follows:

             (1) It is the public policy of the state of Washington that state agencies and local governments, in planning and carrying out governmental actions, anticipate, be sensitive to, and account for the obligations imposed by the fifth and the fourteenth amendments of the United States Constitution and Article I, section 16 of the state Constitution. It is the purpose of this section to reduce the risk of undue or inadvertent burdens on private property rights resulting from certain lawful governmental actions.

             (2) The state attorney general shall establish by October 1, 1991, an orderly, consistent process, including a checklist if appropriate, that better enables state agencies and local governments to evaluate proposed regulatory or administrative actions to assure that such actions do not result in an unconstitutional taking of private property. It is not the purpose of this section to expand or reduce the scope of private property protections provided in the state and federal Constitutions. The attorney general shall review and update the process at least on an annual basis to maintain consistency with changes in case law.

             (((2))) (3) For any governmental action concerning the regulation of private real property by local or state government requiring a public hearing, the local or state government shall address in its public hearing the guidelines of the state attorney general under subsection (2) of this section. The local or state government shall prepare written findings and conclusions available to the public, using the state attorney general's guidelines, on whether the governmental action may result in an unconstitutional taking of private real property.

             (4) Local governments that are required or choose to plan under RCW 36.70A.040 and state agencies shall utilize the process established by subsections (((1))) (2) and (3) of this section to assure that proposed regulatory or administrative actions do not result in an unconstitutional taking of private property.

             (((3) The attorney general, in consultation with the Washington state bar association, shall develop a continuing education course to implement this section.

             (4))) (5) The process used by government agencies shall be protected by attorney client privilege. Nothing in this section grants a private party the right to seek judicial relief requiring compliance with the provisions of this section."


             Correct the title.

 

Signed by Representatives Reams, Chairman; Cairnes, Vice Chairman; Sherstad, Vice Chairman; Bush; Mielke; Mulliken and Thompson.

 

MINORITY recommendation: Do not pass. Signed by Representatives Romero, Ranking Minority Member; Lantz, Assistant Ranking Minority Member; and Fisher.


             Voting Yea: Representatives Reams, Cairnes, Sherstad, Bush, Mielke, Mulliken and Thompson.

             Voting Nay: Representatives Romero, Lantz and Fisher.

             Excused: Representative Gardner.


             Referred to Committee on Appropriations.


February 27, 1998

E2SSB 6509     Prime Sponsor, Senate Committee on Ways & Means: Requiring training for reading instruction. Reported by Committee on Education

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that the ability to read fluently, accurately, and with comprehension is critical to success in school and in life. Research has found that reading instruction and curriculum in the early grades must consist of a comprehensive program that builds upon the firm foundational skills of phonemic awareness, decoding, and reading comprehension, to provide students with the skills necessary to engage in rich literature activities, and further develop thinking and application skills. Schools and school districts should review their reading programs to verify they are using a comprehensive approach to teaching reading.

             The role of professional development in supporting and sustaining a high-quality teaching force is critical. The legislature finds that many primary grade teachers would benefit from additional professional development instruction in beginning reading skills and access to current information regarding research-based, scientifically proven instructional strategies to assist students in meeting the benchmarks established for the essential academic learning requirements.

             The legislature also recognizes that when students are experiencing difficulties in advancing their reading skills, the use of volunteers to provide individualized tutoring and mentoring to those students will improve students' ability to overcome those difficulties and increase their reading achievement.


             NEW SECTION. Sec. 2. A new section is added to chapter 28A.415 RCW to read as follows:

             Schools interested in providing assistance to improve student learning in reading may apply for the following opportunities to provide professional development in beginning reading instructional strategies and related curriculum and to implement volunteer tutoring programs for students throughout their school.

             (1) To the extent funds are appropriated in accordance with this section, elementary schools interested in providing professional development and the purchase of related curriculum or materials in accordance with (b) of this subsection for certificated instructional staff that provide direct instructional services to students in kindergarten, first, and second grade may apply for and receive funding from the superintendent of public instruction. The application for funding shall be limited to:

             (a) Verification that the school has developed or makes a commitment to develop a comprehensive school-wide reading improvement plan that includes, but is not limited to, a beginning reading-language arts program for use in kindergarten through second grade. In addition to other elements of the comprehensive school-wide reading improvement plan, the primary, but not sole, elements of the beginning reading-language arts program must:

             (i) Provide numerous daily opportunities for teachers in kindergarten and first grade to read to students from a variety of printed materials including rich literature and expository text;

             (ii) Provide explicit and sequential instruction in phonemic awareness for all students in kindergarten and first grade;

             (iii) Provide explicit systematic decoding instruction and practice in using those skills in decodable text materials;

             (iv) Provide explicit instruction in reading comprehension skills and opportunities for students to apply them;

             (v) Require diagnosis of a student's ability to decode in first and second grade;

             (vi) Provide explicit and systematic instruction in spelling; and

             (vii) Provide students with structured assistance in learning to write with ample opportunities to engage in writing activities;

             (b) Verification that the intended professional development and related curriculum or materials include primary emphasis on the following beginning reading skills:

             (i) Phonemic awareness strategies;

             (ii) Explicit and systematic decoding instruction and how to assess a student's ability to decode;

             (iii) Explicit spelling instruction;

             (iv) Explicit instruction in reading comprehension strategies; and

             (v) Research findings on the skills needed by beginning and proficient readers, and how beginning reading skills are acquired; and

             (c) Verification that grant funds expended in accordance with this section will not be used for staff development, intervention, or remediation programs.

             (2) The training in reading instruction shall be provided by public or private nonsectarian contractors that provide training in the methods defined in this section. Priority for reading instruction grants shall be given to those schools in which less than one-quarter of all students tested on the fourth grade assessment in reading met the state-wide standard, or in schools where average performance on the reading component of the state-wide standardized test required in RCW 28A.230.190 were in the bottom quartile for the previous three years. Priority shall then be given to those schools in which less than one-third of all students tested on the fourth grade assessment in reading met the state-wide standard, or in schools where average performance on the reading component of the state-wide standardized test required in RCW 28A.230.190 were in the bottom third for the previous three years. Priority shall then be given to schools in which one-half of all students tested on the fourth grade assessment in reading met the state-wide standard, or in schools where average performance on the reading component of the state-wide standardized test required in RCW 28A.230.190 were in the bottom half for the previous three years.

             (3) Reading instruction grants provided under subsection (1) of this section may be used to provide additional professional development materials for interested school principals and classroom volunteers providing assistance in kindergarten, first, and second grades, interested in attending the professional development opportunity identified in this section.

             (4) An elementary school receiving funding in accordance with this section shall certify and provide documentation to the superintendent of public instruction that funds received were expended for professional development and curriculum and related materials in accordance with this section.

             (5) Schools or school districts that received funds under RCW 28A.300.330 are not eligible to apply for funding in accordance with subsection (1) of this section.

             (6) The definitions in this section apply throughout this section unless the context clearly requires otherwise.

             (a) "Phonemic awareness instruction" means teaching awareness of letter sounds, and segmenting and blending phonemes, syllables, and words in a sequential progression.

             (b) "Explicit systematic decoding instruction" means direct, sequential teaching of how to read words fluently and automatically that includes instruction in letter-sound correspondences, letter combinations, multisyllabic words, blending, and structural elements, and initially incorporates the use of decodable text. "Explicit systematic decoding instruction" does not include the use of context and syntax as word identification strategies in teaching beginning reading skills.

             (c) "Decodable text" means connected text containing a high percentage of words that provide practice on the letter-sound correspondences and letter combinations previously taught.

             (d) "Diagnosis of a student's ability to decode" means regularly assessing the student's mastery of word recognition, fluency and automaticity, and word analysis in order to plan future instructional activities.

             (e) "Explicit and systematic instruction in spelling" means teaching a logical scope and sequence of word knowledge, spelling patterns, syllabication, and frequently used words connected to the sequence used in reading and writing instruction.

             (f) "Instruction in reading comprehension skills" means explicit, systematic teaching of vocabulary development, text structure, context, syntax, and syntactic patterns, including but not limited to, strategies for higher order thinking skills such as interpretation, summarization, prediction, clarification, and question generation.

             (7) To the extent funds are appropriated in accordance with this section, elementary schools interested in providing teacher training in the use of volunteer tutors and mentors to assist struggling readers in kindergarten through fourth grade may apply for grants from the superintendent of public instruction for volunteer tutoring and mentoring programs that are research based and have proven effectiveness in improving student reading performance. The programs must include the following elements:

             (a) Teacher training in program planning and in the use of classroom volunteers;

             (b) Training for tutor and mentor volunteers in working with students to overcome reading difficulties before their participation in the program;

             (c) An established goal for a minimum number of volunteer contact hours for students to receive individual instruction per week;

             (d) An established goal for a minimum number of volunteer contact hours during normal school hours for students to receive individual instruction per week;

             (e) Teacher training in recruiting and retaining tutor and mentor volunteers for reading instruction; and

             (f) A plan to assess student reading performance before entering the program and upon exit or at the end of the year as appropriate. The results must be compiled and reported to the superintendent of public instruction. The superintendent of public instruction shall provide a preliminary report to the legislature by March 1, 1999, and a final report to the legislature by December 1999 on the effectiveness of the various programs.

             (8) By April 15th, the superintendent of public instruction shall notify all school districts that the funds under this section are available. Funding provided must be available to schools no later than June 1, 1998. Elementary schools may apply and become eligible for both funding opportunities.

             (9) Teachers participating in the programs will receive a stipend from the funds.

             (10) This section expires July 30, 2005.


             NEW SECTION. Sec. 3. This act may be known and cited as the successful readers act.


             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 takes effect immediately."


             Correct the title.

 

Signed by Representatives Johnson, Chairman; Hickel, Vice Chairman; Smith; Sterk; Sump and Talcott.

 

MINORITY recommendation: Do not pass. Signed by Representatives Cole, Ranking Minority Member; Keiser, Assistant Ranking Minority Member; Linville; Quall and Veloria.


             Voting Yea: Representatives Johnson, Hickel, Smith, Sterk, Sump and Talcott.

             Voting Nay: Representatives Cole, Keiser, Linville, Quall and Veloria.


             Referred to Committee on Appropriations.


February 25, 1998

ESSB 6515       Prime Sponsor, Senate Committee on Energy & Utilities: Regulating franchises and the use of public rights of way. Reported by Committee on Energy & Utilities

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that technological developments have made telecommunications evermore important to the health, safety, and welfare of the people of this state and to the efficient and cost-effective conduct of the state's economy. The pace of technological change is expected to continue and increase in the future. Massive investment in telecommunications infrastructure will be required to make the benefits of technological development available to the people of the state. This is particularly true if the modern infrastructure is to reach all parts of the state, rural as well as urban.

             The legislature also finds it necessary to clarify policies on use of public rights of way in order to recognize and foster the changes that are occurring in telecommunications.

             The legislature declares that government policies for the use of public rights of way should preserve a safe and efficient transportation system and encourage investment in and development of the infrastructure needed for leading-edge applications in telecommunications. These policies will also serve as an important means of economic development, allowing the state to remain competitive in national and international markets and to attract jobs to, and develop robust economies in, its rural and underdeveloped areas.

             The legislature further declares that growth in economic activity resulting from right of way policies that are consistent with the state's transportation needs and encourage the deployment of telecommunications infrastructure will create new jobs and business opportunities as well as bring better service and lower prices to consumers. State and local government will benefit by the availability of improved services and the creation of a larger and more stable revenue base.

             The legislature declares that rights of way are dedicated to and purchased or held by the government for the use of the public in transportation, the delivery of utility services, and commerce; that government is responsible for protecting these rights of way for these public purposes; and that the use of these rights of way by telecommunications facilities is important for the protection and advancement of the public's welfare.

             The legislature intends that governments rely on construction and development regulations that apply generally and uniformly to construction both inside and outside the public right of way to the extent possible in connection with use of the public right of way for telecommunication facilities. It is the intent of the legislature that if franchises are used, they only be used to coordinate construction and development regulations, permits, and the requirements of such other laws as specifically apply to rights of way and that franchises not be used to impose duplicative requirements on authorized users of the rights of way.

             It is the intent of the legislature to promote policies that recognize the introduction of competition in telecommunications, and that will result in new entrants into this industry, without needlessly changing or supplanting existing codes, regulations, and standards. As additional companies seek to locate their facilities in public rights of way, it is incumbent on local government to establish uniform, clear, competitively neutral, and nondiscriminatory rules for use of the public right of way. However, the legislature does not intend for any provision of this act to be construed as changing existing authority of counties, cities, or towns to regulate through local zoning authority consistent with these principles.

             It is the policy of the legislature that fees and charges levied by local governments on the telecommunications industry for use of public rights of way and for permits and licenses required for construction, repair, maintenance, use, and operation of facilities for telecommunications shall not be a means of raising general revenue. It is the intent of the legislature and the policy of this state that fees for necessary permits and licenses do not exceed the actual costs incurred in receiving, considering, and issuing the permits and licenses, and inspecting work in the right of way. It is the intent of the legislature and the policy of this state that fees for necessary permits and licenses do not exceed the actual costs incurred in receiving, considering, and issuing permits and licenses, in inspecting plans for and construction in the right of way, in maintaining the records necessary to identify facilities located in the right of way and to prevent interferences among facilities, and in preparing a detailed statement under chapter 43.21C RCW. The legislature does not intend this act to change the law governing repair and restoration of the right of way made necessary by construction, repair maintenance, and other work in the right of way by authorized users.

             It is the intent of the legislature that no provision of this act be construed as changing existing authority of the state, counties, cities, and towns to regulate by the exercise of local or state police power in the furtherance of the public health, safety, and welfare.


             NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout chapter . . ., Laws of 1998 (this act).

             (1) "Authorized facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services.

             (2) "Authorized user" means any person providing telecommunications or cable television service for hire, sale, or resale to the general public, consistent with federal, state, and local law.

             (3) "Cable television service" means the one-way broadcast or cable transmission of television or radio signals.

             (4) "Public right of way" means roads, streets, and highways, including limited access highways but does not include structures located within the right of way, lands managed by the state parks and recreation commission, federally granted trust lands, or forest board trust lands. "Public right of way" does not include private property except to the extent easement rights have been granted for roads, streets, and highways.

             (5) "Telecommunications service" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for the public. For the purpose of this subsection, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols.


             NEW SECTION. Sec. 3. (1) An authorized user may erect, construct, support, attach, connect, stretch authorized facilities between, maintain, repair, replace, and operate and use authorized facilities in, upon, over, under, along, across, and through public rights of way at its own expense. These authorized facilities shall be installed and maintained within public rights of way in such a manner and at such points as not to incommode the public use of the rights of way, and in accordance with federal and state laws and appropriate and applicable codes, regulations, and standards adopted by the state and by counties, cities, and towns not inconsistent with those laws. In addition, a personal wireless communication facility may not obstruct or otherwise interfere with views of significant features observable from a highway, road, or street. An authorized user shall ensure that its authorized facilities meet, and are maintained in a manner so that the facilities continue to meet, applicable federal and state safety laws and standards including, but not limited to, collision standards.

             (2) Nothing in this section amends, repeals, or otherwise modifies any law requiring authorized users to obtain all permits required for the installation of authorized facilities as required by the state and by counties, cities, and towns.

             (3) Nothing in this section creates, modifies, or diminishes the priority of use for authorized facilities over other users of the right of way for utility purposes or other purposes subject to local franchise or permit.

             (4) Nothing in this section creates a right to attach to or use a facility or structure, or to use public property that is not a public right of way, without the explicit approval of, and under such conditions as may be agreed to by, the owner of such a facility, structure, or property.

             (5) Nothing in this section shall be construed as creating or expanding: (a) Liabilities of the state, counties, cities, or towns regarding the construction, installation, maintenance, or removal of authorized facilities; or (b) duties owed by the state, counties, cities, or towns to authorized users to construct, install, maintain, or remove authorized facilities. In addition, nothing in this section shall be construed as extending any liability of the state, counties, cities, or towns to any third party user of authorized facilities.


             NEW SECTION. Sec. 4. (1) Neither the state nor any county, city, or town may adopt or enforce regulations relating to authorized users in public rights of way that:

             (a) Discriminate or have the effect of discriminating among similarly situated authorized users or authorized facilities;

             (b) Conflict with: (i) Federal and state public service laws; (ii) federal or state laws, rules, and regulations that specifically apply to the design, construction, and operation of authorized facilities; or (iii) federal or state worker safety and public safety laws, rules, and regulations;

             (c) Regulate services of authorized users based upon the content or type of signals that are carried or are capable of being carried over the telecommunications facilities, except where specifically authorized in state or federal law;

             (d) Impose regulatory requirements that regulate the services and business operations of the authorized user, except where specifically authorized in state or federal law; or

             (e) Provide for a period that exceeds one hundred twenty days between filing a complete application for a permit and issuance or denial of the permit, or otherwise unreasonably delay work by authorized users on authorized facilities in the public right of way except that this subsection does not preclude (i) specific procedures to assure cooperation of and among authorized users doing work within the right of way that provide reasonable opportunities for scheduling of work, including advance notice of planned work, and do not impose unreasonable barriers to entry; and (ii) a schedule established with the agreement of the applicant. Before issuing a permit, the state, county, city, or town shall make a finding that approval of the permit is consistent with easement rights, if any, granted for public right of way.

             (2) To the maximum extent feasible, if franchises are applicable to telecommunications companies, they shall be used only to coordinate construction and development regulations and permits, and requirements imposed and permits required under other laws relating to streets, roads, and highways. Franchises shall not be used to require additional permits, conditions, or requirements that duplicate those required under other laws.

             (3) Counties, cities, and towns are encouraged to develop procedures to provide interim authorizations for the installation of authorized facilities and process a complete permit, where the timeline to complete such a permit or an agreement is expected to exceed one hundred twenty days, but the issuance and renewals of franchises and related permits for cable television service shall be governed by federal law.

             (4) Counties, cities, and towns are encouraged to work together with industry, using the experience of the industry and those counties, cities, and towns that have adopted wireless regulations, to develop by January 1, 1999, a model ordinance for the siting of wireless telecommunications facilities.


             NEW SECTION. Sec. 5. (1) Except as provided in subsection (2) of this section, neither the state nor any county, city, or town shall place a moratorium on the acceptance and processing of applications, permitting, construction, maintenance, repair, replacement, extension, operation, or use of any personal wireless communication facility that is authorized under sections 2 through 6 of this act following the effective date of this section. An existing moratorium that expires following the effective date of this section shall not be extended in whole or in part.

             (2)(a) A city or town incorporated after the effective date of this section shall be permitted to impose one moratorium that shall not exceed one hundred eighty days and shall not be extendable.

             (b) Upon the expiration of a moratorium authorized by (a) of this subsection, the authorizing city or town is subject to subsection (1) of this section.

             (3) Except as otherwise provided in subsection (2) of this section, this section applies to moratoriums one hundred twenty days after the adoption of a model ordinance under section 4(3) of this act or on April 1, 1999, whichever occurs first.

             (4) This section expires April 1, 2004.


             NEW SECTION. Sec. 6. (1) Neither the state nor any county, city, or town may impose, demand, or accept any compensation from an authorized user, whether by fee, charge, license, rent, franchise, or use of authorized facilities at other than established, industry standard charges, provision of in-kind services by authorized users without compensation or at below-market rates, or by any other manner for the use or occupancy of public rights of way for authorized facilities.

             (2) Except as otherwise provided in this section, no fee, charge, or other compensation permitted for any act authorized by sections 2 through 6 of this act may recover more than the direct administrative expenses actually incurred by the state, county, city, or town in: (a) Receiving and approving a construction or development permit, including notifying adjoining property owners as required by section 7 of this act; (b) inspecting plans and construction; (c) maintaining records of facilities located in the right of way; or (d) preparing a detailed statement under chapter 43.21C RCW.

             (3) This section does not diminish, increase, alter, or otherwise affect the authority of the state or of counties, cities, or towns with respect to the repair or restoration of rights of way.

             (4) This section does not preclude a county, city, or town from issuing franchises and imposing franchise requirements and fees, and enforcing mutually agreed-upon franchise terms and conditions, for cable services as allowed by federal law.

             (5) This section does not amend, repeal, or modify any law governing the taxing authority of cities or towns.

             (6) The limitations in this section do not apply to agreements for the use of public property that is not a public right of way or for the use of facilities in the right of way.


             NEW SECTION. Sec. 7. A local government by ordinance or resolution shall provide for administrative review and approval and exclude the following project permits from the provisions of RCW 36.70B.060 through 36.70B.090, 36.70B.110, and 36.70B.130: (1) Siting of a personal wireless communication facility in a public right of way, if the facility is a whip antenna of no more than six feet and is to be mounted on an existing utility pole or other existing structure; or (2) siting of an authorized facility as defined in section 2 of this act in a public right of way if that facility will be camouflaged or entirely screened from view.


             NEW SECTION. Sec. 8. A county, city, or town shall notify adjoining property owners when an authorized facility is to be erected or constructed in, upon, over, under, along, across, or through a public right of way.


             NEW SECTION. Sec. 9. Any person with a concern about an authorized facility located in a public right of way may file a report of the concern with the clerk of the board of county commissioners if the right of way is located in an unincorporated area, with the city clerk, if the right of way is located in a city, or with the town clerk if the right of way is located in a town. If the authorized facility that is the subject of the concern is located in a public right of way managed by a state agency, the clerk shall forward a copy of the report to that agency.


             NEW SECTION. Sec. 10. A new section is added to chapter 35.21 RCW to read as follows:

             Each city or town is subject to the requirements and restrictions regarding telecommunications services and public rights of way under sections 2 through 9 of this act. However, sections 2 through 9 of this act do not limit or modify the applicability of chapters 35.77, 35.78, 36.70A, and 43.21C RCW.


             NEW SECTION. Sec. 11. A new section is added to chapter 35A.21 RCW to read as follows:

             Each code city is subject to the requirements and restrictions regarding telecommunications services and public rights of way under sections 2 through 9 of this act. However, sections 2 through 9 of this act do not limit or modify the applicability of chapter 36.70A RCW.


             NEW SECTION. Sec. 12. A new section is added to chapter 36.01 RCW to read as follows:

             Each county is subject to the requirements and restrictions regarding telecommunications services and public rights of way under sections 2 through 9 of this act. However, sections 2 through 9 of this act do not limit or modify the applicability of chapters 36.55, 36.70, 36.70A, 36.75, 36.78, 36.80, 36.81, and 36.86 RCW.


             NEW SECTION. Sec. 13. Sections 2 through 6 of this act constitute a new chapter in Title 47 RCW.


             NEW SECTION. Sec. 14. 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."


             Correct the title.

 

Signed by Representatives Crouse, Chairman; DeBolt, Vice Chairman; Mastin, Vice Chairman; Morris, Assistant Ranking Minority Member; Bush; Delvin; Honeyford; Kessler; Mielke and B. Thomas.

 

MINORITY recommendation: Do not pass. Signed by Representatives Poulsen, Ranking Minority Member; Cooper and Kastama.


             Voting Yea: Representatives Crouse, Mastin, DeBolt, Morris, Bush, Honeyford, Kessler, Mielke, Mulliken and B. Thomas.

             Voting Nay: Representatives Poulsen, Cooper and Kastama.


             Referred to Committee on Transportation Policy & Budget.


February 25, 1998

SSB 6518          Prime Sponsor, Senate Committee on Law & Justice: Increasing the degree of rape when the perpetrator incapacitates the victim. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


             On page 1, line 14, after "situated" delete "." and insert "((.)), or"

 

Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6534          Prime Sponsor, Senate Committee on Commerce & Labor: Defining areas of distress for purposes of economic assistance. Reported by Committee on Trade & Economic Development

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 43.165.010 and 1996 c 290 s 2 are each amended to read as follows:

             Unless the context clearly requires to the contrary, the definitions in this section apply throughout this chapter.

             (1) "Department" means the department of community, trade, and economic development.

             (2) "Director" means the director of the department.

             (3) "Distressed area" means: (a) A county that has an unemployment rate that is twenty percent above the state-wide average for the previous three years; (b) a county that has a median household income that is less than seventy-five percent of the state median household income for the previous three years; (c) a community or area that has experienced sudden and severe or long-term and severe loss of employment, or erosion of its economic base due to decline of its dominant industries; ((or)) (d) an area within a county which area: (i) Is composed of contiguous census tracts; (ii) has a minimum population of five thousand persons; (iii) has at least seventy percent of its families and unrelated individuals with incomes below eighty percent of the county's median income for families and unrelated individuals; and (iv) has an unemployment rate which is at least forty percent higher than the county's unemployment rate; (e) a county that has a proportion of its population enrolled in medical assistance that is forty percent or more above the state average for the previous three years; or (f) a county with a population of less than five thousand that is contiguous to three or more counties that qualify as an eligible area under (a) of this subsection. For purposes of this definition, "families and unrelated individuals" has the same meaning that is ascribed to that term by the federal department of housing and urban development in its regulations authorizing action grants for economic development and neighborhood revitalization projects.

             (4) "Economic development revolving loan funds" means a local, not-for-profit or governmentally sponsored business loan program.

             (5) "Team" means the community revitalization team.

             (6) "Technical assistance" includes, but is not limited to, assistance with strategic planning, market research, business plan development review, organization and management development, accounting and legal services, grant and loan packaging, and other assistance which may be expected to contribute to the redevelopment and economic well-being of a distressed area.


             Sec. 2. RCW 43.168.020 and 1996 c 290 s 3 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Committee" means the Washington state development loan fund committee.

             (2) "Department" means the department of community, trade, and economic development.

             (3) "Director" means the director of community, trade, and economic development.

             (4) "Distressed area" means: (a) A county which has an unemployment rate which is twenty percent above the state average for the immediately previous three years; (b) a county that has a median household income that is less than seventy-five percent of the state median household income for the previous three years; (c) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent; (d) an area within a county, which area: (i) Is composed of contiguous census tracts; (ii) has a minimum population of five thousand persons; (iii) has at least seventy percent of its families and unrelated individuals with incomes below eighty percent of the county's median income for families and unrelated individuals; and (iv) has an unemployment rate which is at least forty percent higher than the county's unemployment rate; ((or)) (e) a county designated as a rural natural resources impact area under RCW 43.31.601 if an application is filed by July 1, 1997; (f) a county that has a proportion of its population enrolled in medical assistance that is forty percent or more above the state average for the previous three years; or (g) a county with a population of less than five thousand that is contiguous to three or more counties that qualify as a distressed area under (a) of this subsection. For purposes of this definition, "families and unrelated individuals" has the same meaning that is ascribed to that term by the federal department of housing and urban development in its regulations authorizing action grants for economic development and neighborhood revitalization projects.

             (5) "Fund" means the Washington state development loan fund.

             (6) "Local development organization" means a nonprofit organization which is organized to operate within an area, demonstrates a commitment to a long-standing effort for an economic development program, and makes a demonstrable effort to assist in the employment of unemployed or underemployed residents in an area.

             (7) "Project" means the establishment of a new or expanded business in an area which when completed will provide employment opportunities. "Project" also means the retention of an existing business in an area which when completed will provide employment opportunities.


             Sec. 3. RCW 43.31.601 and 1997 c 367 s 1 are each amended to read as follows:

             For the purposes of RCW 43.31.601 through 43.31.641:

             (1)(a) "Timber impact area" means a county having a population of less than five hundred thousand, or a city or town located within a county having a population of less than five hundred thousand, and meeting two of the following three criteria, as determined by the employment security department, for the most recent year such data is available: (((a))) (i) A lumber and wood products employment location quotient at or above the state average; (((b))) (ii) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (((c))) (iii) an annual unemployment rate twenty percent or more above the state average.

             (b) "Timber impact area" also means a county that has a proportion of its population enrolled in medical assistance that is forty percent or more above the state average for the previous three years or a county with a population of less than five thousand that is contiguous to three or more counties that qualify as a distressed area under RCW 43.165.010(3)(a).

             (2)(a) "Rural natural resources impact area" means:

             (i) A nonmetropolitan county, as defined by the 1990 decennial census, that meets three of the five criteria set forth in (b) of this subsection;

             (ii) A nonmetropolitan county with a population of less than forty thousand in the 1990 decennial census, that meets two of the five criteria as set forth in (b) of this subsection; ((or))

             (iii) A nonurbanized area, as defined by the 1990 decennial census, that is located in a metropolitan county that meets three of the five criteria set forth in (b) of this subsection;

             (iv) A county that has a proportion of its population enrolled in medical assistance that is forty percent or more above the state average for the previous three years; or

             (v) A county with a population of less than five thousand that is contiguous to three or more counties that qualify as a distressed area under RCW 43.165.010(3)(a).

             (b) For the purposes of designating rural natural resources impact areas, the following criteria shall be considered:

             (i) A lumber and wood products employment location quotient at or above the state average;

             (ii) A commercial salmon fishing employment location quotient at or above the state average;

             (iii) Projected or actual direct lumber and wood products job losses of one hundred positions or more;

             (iv) Projected or actual direct commercial salmon fishing job losses of one hundred positions or more; and

             (v) An unemployment rate twenty percent or more above the state average.

             The counties that meet these criteria shall be determined by the employment security department for the most recent year for which data is available. For the purposes of administration of programs under this chapter, the United States post office five-digit zip code delivery areas will be used to determine residence status for eligibility purposes. For the purpose of this definition, a zip code delivery area of which any part is ten miles or more from an urbanized area is considered nonurbanized. A zip code totally surrounded by zip codes qualifying as nonurbanized under this definition is also considered nonurbanized. The office of financial management shall make available a zip code listing of the areas to all agencies and organizations providing services under this chapter.


             Sec. 4. RCW 82.14.370 and 1997 c 366 s 3 are each amended to read as follows:

             (1) The legislative authority of a distressed county may impose a sales and use tax in accordance with the terms of this chapter. The tax is in addition to other taxes authorized by law and shall be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the county. The rate of tax shall not exceed 0.04 percent of the selling price in the case of a sales tax or value of the article used in the case of a use tax.

             (2) The tax imposed under subsection (1) of this section shall be deducted from the amount of tax otherwise required to be collected or paid over to the department of revenue under chapter 82.08 or 82.12 RCW. The department of revenue shall perform the collection of such taxes on behalf of the county at no cost to the county.

             (3) Moneys collected under this section shall only be used for the purpose of financing qualifying public facilities in rural counties. The public facility must be listed as an item in the officially adopted county overall economic development plan or the economic development section of the county's comprehensive plan or the comprehensive plan of a city located within the county for those counties planning under RCW 36.70A.040, or, for those counties that do not plan under the growth management act and do not have an adopted overall economic development plan, the public facility must be listed in the county's capital facilities plan or the capital facilities plan of a city located within the county. For the purposes of this section, "public facilities" means bridges, roads, domestic and industrial water, sanitary sewer, storm sewer, railroad, electricity, natural gas, buildings or structures, and port facilities, in the state of Washington.

             (4) No tax may be collected under this section before July 1, 1998. No tax may be collected under this section by a county more than twenty-five years after the date that a tax is first imposed under this section.

             (5) For purposes of this section, "distressed county" means a county in which the average level of unemployment for the three years before the year in which a tax is first imposed under this section exceeds the average state ((employment)) unemployment for those years by twenty percent; a county that has a proportion of its population enrolled in medical assistance that is forty percent or more above the state average for the previous three years; or a county with a population of less than five thousand that is contiguous to three or more counties that qualify as a distressed area under RCW 43.165.010(3)(a).


             Sec. 5. RCW 82.62.010 and 1996 c 290 s 5 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Applicant" means a person applying for a tax credit under this chapter.

             (2) "Department" means the department of revenue.

             (3) "Eligible area" means: (a) A county in which the average level of unemployment for the three years before the year in which an application is filed under this chapter exceeds the average state unemployment for those years by twenty percent; (b) a county that has a median household income that is less than seventy-five percent of the state median household income for the previous three years; (c) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent; (d) a designated community empowerment zone approved under RCW 43.63A.700; ((or)) (e) subcounty areas in those counties that are not covered under (a) of this subsection that are timber impact areas as defined in RCW 43.31.601; (f) a county that has a proportion of its population enrolled in medical assistance that is forty percent or more above the state average for the previous three years; or (g) a county with a population of less than five thousand that is contiguous to three or more counties that qualify as an eligible area under (a) of this subsection.

             (4)(a) "Eligible business project" means manufacturing or research and development activities which are conducted by an applicant in an eligible area at a specific facility, provided the applicant's average full-time qualified employment positions at the specific facility will be at least fifteen percent greater in the year for which the credit is being sought than the applicant's average full-time qualified employment positions at the same facility in the immediately preceding year.

             (b) "Eligible business project" does not include any portion of a business project undertaken by a light and power business as defined in RCW 82.16.010(5) or that portion of a business project creating qualified full-time employment positions outside an eligible area or those recipients of a sales tax deferral under chapter 82.61 RCW.

             (5) "Manufacturing" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different, or useful substance or article of tangible personal property is produced for sale or commercial or industrial use and shall include the production or fabrication of specially made or custom made articles. "Manufacturing" also includes computer programming, the production of computer software, and other computer-related services, and the activities performed by research and development laboratories and commercial testing laboratories.

             (6) "Person" has the meaning given in RCW 82.04.030.

             (7) "Qualified employment position" means a permanent full-time employee employed in the eligible business project during the entire tax year.

             (8) "Tax year" means the calendar year in which taxes are due.

             (9) "Recipient" means a person receiving tax credits under this chapter.

             (10) "Research and development" means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun. As used in this subsection, "commercial sales" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.


             Sec. 6. RCW 82.60.020 and 1996 c 290 s 4 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Applicant" means a person applying for a tax deferral under this chapter.

             (2) "Department" means the department of revenue.

             (3) "Eligible area" means: (a) A county in which the average level of unemployment for the three years before the year in which an application is filed under this chapter exceeds the average state unemployment for those years by twenty percent; (b) a county that has a median household income that is less than seventy-five percent of the state median household income for the previous three years; (c) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent; (d) a designated community empowerment zone approved under RCW 43.63A.700 or a county containing such a community empowerment zone; (e) a town with a population of less than twelve hundred persons in those counties that are not covered under (a) of this subsection that are timber impact areas as defined in RCW 43.31.601; (f) a county designated by the governor as an eligible area under RCW 82.60.047; ((or)) (g) a county that is contiguous to a county that qualifies as an eligible area under (a) or (f) of this subsection; (h) a county that has a proportion of its population enrolled in medical assistance that is forty percent or more above the state average for the previous three years; or (i) a county with a population of less than five thousand that is contiguous to three or more counties that qualify as an eligible area under (a) of this subsection.

             (4)(a) "Eligible investment project" means:

             (i) An investment project in an eligible area as defined in subsection (3)(a), (b), (c), (e), ((or)) (f), (h), or (i) of this section; or

             (ii) That portion of an investment project in an eligible area as defined in subsection (3)(d) or (g) of this section which is directly utilized to create at least one new full-time qualified employment position for each three hundred thousand dollars of investment on which a deferral is requested in an application approved before July 1, 1994, and for each seven hundred fifty thousand dollars of investment on which a deferral is requested in an application approved after June 30, 1994.

             (b) The lessor/owner of a qualified building is not eligible for a deferral unless the underlying ownership of the buildings, machinery, and equipment vests exclusively in the same person, or unless the lessor by written contract agrees to pass the economic benefit of the deferral to the lessee in the form of reduced rent payments.

             (c) For purposes of (a)(ii) of this subsection:

             (i) The department shall consider the entire investment project, including any investment in machinery and equipment that otherwise qualifies for exemption under RCW 82.08.02565 or 82.12.02565, for purposes of determining the portion of the investment project that qualifies for deferral as an eligible investment project; and

             (ii) The number of new full-time qualified employment positions created by an investment project shall be deemed to be reduced by the number of full-time employment positions maintained by the recipient in any other community in this state that are displaced as a result of the investment project.

             (d) "Eligible investment project" does not include any portion of an investment project undertaken by a light and power business as defined in RCW 82.16.010(5), other than that portion of a cogeneration project that is used to generate power for consumption within the manufacturing site of which the cogeneration project is an integral part, or investment projects which have already received deferrals under this chapter.

             (5) "Investment project" means an investment in qualified buildings or qualified machinery and equipment, including labor and services rendered in the planning, installation, and construction of the project.

             (6) "Manufacturing" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different, or useful substance or article of tangible personal property is produced for sale or commercial or industrial use and shall include the production or fabrication of specially made or custom made articles. "Manufacturing" also includes computer programming, the production of computer software, and other computer-related services, and the activities performed by research and development laboratories and commercial testing laboratories.

             (7) "Person" has the meaning given in RCW 82.04.030.

             (8) "Qualified buildings" means construction of new structures, and expansion or renovation of existing structures for the purpose of increasing floor space or production capacity used for manufacturing and research and development activities, including plant offices and warehouses or other facilities for the storage of raw material or finished goods if such facilities are an essential or an integral part of a factory, mill, plant, or laboratory used for manufacturing or research and development. If a building is used partly for manufacturing or research and development and partly for other purposes, the applicable tax deferral shall be determined by apportionment of the costs of construction under rules adopted by the department.

             (9) "Qualified employment position" means a permanent full-time employee employed in the eligible investment project during the entire tax year.

             (10) "Qualified machinery and equipment" means all new industrial and research fixtures, equipment, and support facilities that are an integral and necessary part of a manufacturing or research and development operation. "Qualified machinery and equipment" includes: Computers; software; data processing equipment; laboratory equipment; manufacturing components such as belts, pulleys, shafts, and moving parts; molds, tools, and dies; operating structures; and all equipment used to control or operate the machinery.

             (11) "Recipient" means a person receiving a tax deferral under this chapter.

             (12) "Research and development" means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun. As used in this subsection, "commercial sales" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.


             Sec. 7. RCW 82.60.040 and 1997 c 156 s 5 are each amended to read as follows:

             (1) The department shall issue a sales and use tax deferral certificate for state and local sales and use taxes due under chapters 82.08, 82.12, and 82.14 RCW on each eligible investment project that:

             (a) Is located in an eligible area as defined in RCW 82.60.020(3) (a), (b), (c), (e), ((or)) (f), (h), or (i);

             (b) Is located in an eligible area as defined in RCW 82.60.020(3)(g) if seventy-five percent of the new qualified employment positions are to be filled by residents of a contiguous county that is an eligible area as defined in RCW 82.60.020(3) (a) or (f); or

             (c) Is located in an eligible area as defined in RCW 82.60.020(3)(d) if seventy-five percent of the new qualified employment positions are to be filled by residents of a designated community empowerment zone approved under RCW 43.63A.700 located within the county in which the eligible investment project is located.

             (2) The department shall keep a running total of all deferrals granted under this chapter during each fiscal biennium."


             Correct the title.

 

Signed by Representatives Van Luven, Chairman; Dunn, Vice Chairman; Veloria, Ranking Minority Member; Eickmeyer, Assistant Ranking Minority Member; Alexander; Ballasiotes; Mason; McDonald and Morris.


             Voting Yea: Representatives Van Luven, Dunn, Veloria, Alexander, Ballasiotes, Eickmeyer, Mason, McDonald and Morris.


             Referred to Committee on Finance.


February 27, 1998

SSB 6535          Prime Sponsor, Senate Committee on Law & Justice: Providing for electronic transfer of criminal justice information. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken and Sherstad.

             Excused: Representative Robertson.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6536            Prime Sponsor, Senator Horn: Prescribing employer obligations to furnish wearing apparel. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Chairman; Honeyford, Vice Chairman; Conway, Ranking Minority Member; Wood, Assistant Ranking Minority Member; Boldt; Clements; Hatfield and Lisk.


             Voting Yea: Representatives McMorris, Honeyford, Conway, Wood, Boldt, Clements, Hatfield and Lisk.

             Excused: Representative Cole.


             Passed to Rules Committee for second reading.


February 26, 1998

ESB 6537         Prime Sponsor, Senator Schow: Allowing the liquor control board to receive grants and other funds or donations to implement programs about alcohol and tobacco. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


             On page 2, after line 25, strike all of subsection (10) and insert the following:

             "(10) Accept and deposit into the general fund-local account and disburse, subject to appropriation, federal grants or other funds or donations from any source for the purpose of improving public awareness of the health risks associated with alcohol consumption and tobacco use by youth and the abuse of alcohol by adults in Washington state. However, manufacturers, retailers, or wholesalers of alcohol, tobacco, or cigarette products are prohibited from providing cash donations to the board. The board's alcohol awareness program shall cooperate with federal and state agencies, interested organizations, and individuals to effect an active public beverage alcohol awareness program;"

 

Signed by Representatives McMorris, Chairman; Honeyford, Vice Chairman; Conway, Ranking Minority Member; Wood, Assistant Ranking Minority Member; Boldt; Clements; Hatfield and Lisk.


             Voting Yea: Representatives McMorris, Honeyford, Conway, Wood, Boldt, Clements, Hatfield and Lisk.

             Excused: Representative Cole.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6539            Prime Sponsor, Senator Schow: Making technical changes regarding designations for liquor licenses. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Chairman; Honeyford, Vice Chairman; Conway, Ranking Minority Member; Wood, Assistant Ranking Minority Member; Boldt; Clements; Hatfield and Lisk.


             Voting Yea: Representatives McMorris, Honeyford, Conway, Wood, Boldt, Clements, Hatfield and Lisk.

             Excused: Representative Cole.


             Passed to Rules Committee for second reading.


February 27, 1998

2SSB 6544        Prime Sponsor, Senate Committee on Ways & Means: Providing for adult family home and boarding home training. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that many residents of long-term care facilities and recipients of in-home personal care services are exceptionally vulnerable and their health and well-being are heavily dependent on their caregivers. The legislature further finds that the quality of staff in long-term care facilities is often the key to good care. The need for well-trained staff and well-managed facilities is growing as the state's population ages and the acuity of the health care problems of residents increases. In order to better protect and care for residents, the legislature directs that the minimum training standards be reviewed for management and caregiving staff serving residents with special needs, such as mental illness, dementia, or a developmental disability, that management and caregiving staff receive appropriate training, and that the training delivery system be improved.


             NEW SECTION. Sec. 2. A new section is added to chapter 18.20 RCW to read as follows:

             (1) The department of social and health services shall review, in coordination with the department of health, the nursing care quality assurance commission, adult family home providers, boarding home providers, in-home personal care providers, and long-term care consumers and advocates, training standards for administrators and resident caregiving staff. The departments and the commission shall submit to the appropriate committees of the house of representatives and the senate by December 1, 1998, specific recommendations on training standards and the delivery system, including necessary statutory changes and funding requirements. Any proposed enhancements shall be consistent with this section, shall take into account and not duplicate other training requirements applicable to boarding homes and staff, and shall be developed with the input of boarding home and resident representatives, health care professionals, and other vested interest groups. Training standards and the delivery system shall be relevant to the needs of residents served by the boarding home and recipients of long-term in-home personal care services and shall be sufficient to ensure that administrators and caregiving staff have the skills and knowledge necessary to provide high quality, appropriate care.

             (2) The recommendations on training standards and the delivery system developed under subsection (1) of this section shall be based on a review and consideration of the following: Quality of care; availability of training; affordability, including the training costs incurred by the department of social and health services and private providers; portability of existing training requirements; competency testing; practical and clinical course work; methods of delivery of training; standards for management and caregiving staff training; and necessary enhancements for special needs populations and resident rights training. Residents with special needs include, but are not limited to, residents with a diagnosis of mental illness, dementia, or developmental disability.

             (3) The department of social and health services shall report to the appropriate committees of the house of representatives and the senate by December 1, 1998, on the cost of implementing the proposed training standards for state-funded residents, and on the extent to which that cost is covered by existing state payment rates.


             NEW SECTION. Sec. 3. A new section is added to chapter 70.128 RCW to read as follows:

             (1) The department of social and health services shall review, in coordination with the department of health, the nursing care quality assurance commission, adult family home providers, boarding home providers, in-home personal care providers, and long-term care consumers and advocates, training standards for providers, resident managers, and resident caregiving staff. The departments and the commission shall submit to the appropriate committees of the house of representatives and the senate by December 1, 1998, specific recommendations on training standards and the delivery system, including necessary statutory changes and funding requirements. Any proposed enhancements shall be consistent with this section, shall take into account and not duplicate other training requirements applicable to adult family homes and staff, and shall be developed with the input of adult family home and resident representatives, health care professionals, and other vested interest groups. Training standards and the delivery system shall be relevant to the needs of residents served by the adult family home and recipients of long-term in-home personal care services and shall be sufficient to ensure that providers, resident managers, and caregiving staff have the skills and knowledge necessary to provide high quality, appropriate care.

             (2) The recommendations on training standards and the delivery system developed under subsection (1) of this section shall be based on a review and consideration of the following: Quality of care; availability of training; affordability, including the training costs incurred by the department of social and health services and private providers; portability of existing training requirements; competency testing; practical and clinical course work; methods of delivery of training; standards for management; uniform caregiving staff training; necessary enhancements for special needs populations; and resident rights training. Residents with special needs include, but are not limited to, residents with a diagnosis of mental illness, dementia, or developmental disability. Development of training recommendations for developmental disabilities services shall be coordinated with the study requirements in section 5 of this act.

             (3) The department of social and health services shall report to the appropriate committees of the house of representatives and the senate by December 1, 1998, on the cost of implementing the proposed training standards for state-funded residents, and on the extent to which that cost is covered by existing state payment rates.


             Sec. 4. RCW 70.129.030 and 1997 c 386 s 31 are each amended to read as follows:

             (1) The facility must inform the resident both orally and in writing in a language that the resident understands of his or her rights and all rules and regulations governing resident conduct and responsibilities during the stay in the facility. The notification must be made prior to or upon admission. Receipt of the information must be acknowledged in writing.

             (2) The resident or his or her legal representative has the right:

             (a) Upon an oral or written request, to access all records pertaining to himself or herself including clinical records within twenty-four hours; and

             (b) After receipt of his or her records for inspection, to purchase at a cost not to exceed the community standard photocopies of the records or portions of them upon request and two working days' advance notice to the facility.

             (3) The facility shall only admit or retain individuals whose needs it can safely and appropriately serve in the facility with appropriate available staff and through the provision of reasonable accommodations required by state or federal law. Except in cases of genuine emergency, the facility shall not admit an individual before obtaining a thorough assessment of the resident's needs and preferences. The assessment shall contain, unless unavailable despite the best efforts of the facility, the resident applicant, and other interested parties, the following minimum information: Recent medical history; necessary and contraindicated medications; a licensed medical or other health professional's diagnosis, unless the individual objects for religious reasons; significant known behaviors or symptoms that may cause concern or require special care; mental illness, except where protected by confidentiality laws; level of personal care needs; activities and service preferences; and preferences regarding other issues important to the resident applicant, such as food and daily routine.

             (4) The facility must inform each resident in writing in a language the resident or his or her representative understands before((, or at the time of)) admission, and at least once every twenty-four months thereafter of: (a) Services, items, and activities customarily available in the facility or arranged for by the facility as permitted by the facility's license; (b) charges for those services, items, and activities including charges for services, items, and activities not covered by the facility's per diem rate or applicable public benefit programs; and (c) the rules of facility operations required under RCW 70.129.140(2). Each resident and his or her representative must be informed in writing in advance of changes in the availability or the charges for services, items, or activities, or of changes in the facility's rules. Except in emergencies, thirty days' advance notice must be given prior to the change. However, for facilities licensed for six or fewer residents, if there has been a substantial and continuing change in the resident's condition necessitating substantially greater or lesser services, items, or activities, then the charges for those services, items, or activities may be changed upon fourteen days' advance written notice.

             (((4))) (5) The facility must furnish a written description of residents rights that includes:

             (a) A description of the manner of protecting personal funds, under RCW 70.129.040;

             (b) A posting of names, addresses, and telephone numbers of the state survey and certification agency, the state licensure office, the state ombudsmen program, and the protection and advocacy systems; and

             (c) A statement that the resident may file a complaint with the appropriate state licensing agency concerning alleged resident abuse, neglect, and misappropriation of resident property in the facility.

             (((5))) (6) Notification of changes.

             (a) A facility must immediately consult with the resident's physician, and if known, make reasonable efforts to notify the resident's legal representative or an interested family member when there is:

             (i) An accident involving the resident which requires or has the potential for requiring physician intervention;

             (ii) A significant change in the resident's physical, mental, or psychosocial status (i.e., a deterioration in health, mental, or psychosocial status in either life-threatening conditions or clinical complications).

             (b) The facility must promptly notify the resident or the resident's representative shall make reasonable efforts to notify an interested family member, if known, when there is:

             (i) A change in room or roommate assignment; or

             (ii) A decision to transfer or discharge the resident from the facility.

             (c) The facility must record and update the address and phone number of the resident's representative or interested family member, upon receipt of notice from them.


             NEW SECTION. Sec. 5. The division of developmental disabilities in the department of social and health services, in coordination with advocacy, self-advocacy, and provider organizations, shall review administrator and resident caregiver staff training standards for agency contracted supported living services, including intensive tenant support, tenant support, supportive living, and in-home personal care services for children. The division and the advocates shall coordinate specialty training recommendations with the larger study group referenced in sections 2(1) and 3(1) of this act and submit specific recommendations on training standards, including necessary statutory changes and funding requirements to the appropriate committees of the house of representatives and the senate by December 1, 1998.


             NEW SECTION. Sec. 6. Section 4 of this act takes effect July 1, 1998."


             Correct the title.

 

Signed by Representatives Dyer, Chairman; Backlund, Vice Chairman; Skinner, Vice Chairman; Cody, Ranking Minority Member; Murray, Assistant Ranking Minority Member; Anderson; Conway; Parlette; Sherstad; Wood and Zellinsky.


             Voting Yea: Representatives Dyer, Backlund, Skinner, Cody, Murray, Anderson, Conway, Parlette, Sherstad, Wood and Zellinsky.


             Referred to Committee on Appropriations.


February 26, 1998

SSB 6545          Prime Sponsor, Senate Committee on Health & Long-Term Care: Providing full funding for the impaired physician program. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.

 

MINORITY recommendation: Do not pass. Signed by Representative Lambert.


             Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6558          Prime Sponsor, Senate Committee on Human Services & Corrections: Creating citizen review panels to review child abuse and neglect cases. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 43.20A RCW to read as follows:

             (1) The department of social and health services shall implement the citizen review panel requirement in section 107 of P.L. 104-235. The department shall report back to the appropriate legislative committees as to the implementation of the requirements by no later than November 30, 1998.

             (2) The report shall include but not be limited to the findings of each panel as it relates to the evaluation of the extent to which state and local agencies are effectively discharging their child protection responsibilities."

 

Signed by Representatives Cooke, Chairman; Boldt, Vice Chairman; Bush, Vice Chairman; Tokuda, Ranking Minority Member; Kastama, Assistant Ranking Minority Member; Ballasiotes; Carrell; Dickerson; Gombosky; McDonald and Wolfe.


             Voting Yea: Representatives Cooke, Boldt, Bush, Tokuda, Kastama, Ballasiotes, Carrell, Dickerson, Gombosky, McDonald and Wolfe.


             Passed to Rules Committee for second reading.


February 27, 1998

ESSB 6560       Prime Sponsor, Senate Committee on Energy & Utilities: Protecting the rights of consumers of electric power. Reported by Committee on Energy & Utilities

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. (1) The legislature finds that:

             (a) Electricity is a basic and fundamental need of all residents; and

             (b) Currently Washington's consumer-owned and investor-owned utilities offer consumers a high degree of reliability and service quality while providing some of the lowest rates in the country.

             (2) The legislature intends to:

             (a) Preserve the benefits of consumer and environmental protection, system reliability, high service quality, and low-cost rates;

             (b) Ensure that all retail electrical customers have the same level of rights and protections; and

             (c) Require the adequate disclosure of the rights afforded to retail electric customers.


             NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

             (1) "Commission" means the utilities and transportation commission.

             (2) "Conservation" means an increase in efficiency in the use of energy use that yields a decrease in energy consumption while providing the same or higher levels of service. Conservation includes low-income weatherization programs.

             (3) "Consumer-owned utility" means a municipal electric utility formed under Title 35 RCW, a public utility district formed under Title 54 RCW, an irrigation district formed under chapter 87.03 RCW, a cooperative formed under chapter 23.86 RCW, or a mutual corporation or association formed under chapter 24.06 RCW, that is engaged in the business of distributing electricity to more than one retail electric customer in the state.

             (4) "Department" means the department of community, trade, and economic development.

             (5) "Electric meters in service" means those meters that record in at least nine of twelve calendar months in any calendar year not less than two hundred fifty kilowatt hours per month.

             (6) "Electric utility" means a consumer-owned or investor-owned utility as defined in this section.

             (7) "Electricity" means electric energy measured in kilowatt hours, or electric capacity measured in kilowatts, or both.

             (8) "Governing body" means the council of a city or town, the commissioners of an irrigation district, municipal electric utility, or public utility district, or the board of directors of an electric cooperative or mutual association that has the authority to set and approve rates.

             (9) "Investor-owned utility" means a company owned by investors that meets the definition of RCW 80.04.010 and is engaged in distributing electricity to more than one retail electric customer in the state.

             (10) "Proprietary customer information" means: (a) Information that relates to the source and amount of electricity used by a retail electric customer, a retail electric customer's payment history, and household data that is made available by the customer solely by virtue of the utility-customer relationship; and (b) information contained in a retail electric customer's bill.

             (11) "Renewable resources" means electricity generation facilities fueled by: (a) Water; (b) wind; (c) solar energy; (d) geothermal energy; (e) landfill gas; or (f) biomass energy based on solid organic fuels from wood, forest, or field residues, or dedicated energy crops that do not include wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenic.

             (12) "Resale" means the purchase and subsequent sale of electricity for profit, but does not include the purchase and the subsequent sale of electricity at the same rate at which the electricity was purchased.

             (13) "Retail electric customer" means a person or entity that purchases electricity for ultimate consumption and not for resale.

             (14) "Small utility" means any consumer-owned utility with twenty-five thousand or fewer electric meters in service, or that has an average of seven or fewer customers per mile of distribution line.

             (15) "State" means the state of Washington.


             NEW SECTION. Sec. 3. Except as otherwise provided in section 6 of this act, each electric utility must provide its retail electric customers with the following disclosures in accordance with section 4 of this act:

             (1) An explanation of any applicable credit and deposit requirements, including the means by which credit may be established, the conditions under which a deposit may be required, the amount of any deposit, interest paid on the deposit, and the circumstances under which the deposit will be returned or forfeited.

             (2) A complete, itemized listing of all rates and charges for which the customer is responsible, including charges, if any, to terminate service, the identity of the entity responsible for setting rates, and an explanation of how to receive notice of public hearings where changes in rates will be considered or approved.

             (3) An explanation of the metering or measurement policies and procedures, including the process for verifying the reliability of the meters or measurements and adjusting bills upon discovery of errors in the meters or measurements.

             (4) An explanation of bill payment policies and procedures, including due dates, applicable late fees, and the interest rate charged, if any, on unpaid balances.

             (5) An explanation of the payment arrangement options available to customers, including budget payment plans and the availability of home heating assistance from government and private sector organizations.

             (6) An explanation of the method by which customers must give notice of their intent to discontinue service, the circumstances under which service may be discontinued by the utility, the conditions that must be met by the utility prior to discontinuing service, and how to avoid disconnection.

             (7) An explanation of the utility's policies governing the confidentiality of proprietary customer information, including the circumstances under which the information may be disclosed and ways in which customers can control access to the information.

             (8) An explanation of the methods by which customers may make inquiries to and file complaints with the utility, and the utility's procedures for responding to and resolving complaints and disputes, including a customer's right to complain about an investor-owned utility to the commission and appeal a decision by a consumer-owned utility to the governing body of the consumer-owned utility.

             (9) An annual report containing the following information for the previous calendar year:

             (a) A general description of the electric utility's customers, including the number of residential, commercial, and industrial customers served by the electric utility, and the amount of electricity consumed by each customer class in which there are at least three customers, stated as a percentage of the total utility load;

             (b) A summary of the average electricity rates for each customer class in which there are at least three customers, stated in cents per kilowatt hour, the date of the electric utility's last general rate increase or decrease, the identity of the entity responsible for setting rates, and an explanation of how to receive notice of public hearings where changes in rates will be considered or approved;

             (c) An explanation of the amount invested by the electric utility in conservation, nonhydrorenewable resources, and low-income energy assistance programs, and the source of funding for the investments; and

             (d) An explanation of the amount of federal, state, and local taxes collected and paid by the electric utility, including the amounts collected by the electric utility but paid directly by retail electric customers.


             NEW SECTION. Sec. 4. Except as otherwise provided in section 6 of this act, an electric utility shall:

             (1) Provide notice to all of its retail electric customers that the disclosures required in section 3 of this act are available without charge upon request. Such notice shall be provided at the time service is established and either included as a prominent part of each customer's bill or in a written notice mailed to each customer at least once a year thereafter. Required disclosures shall be provided without charge, in writing using plain language that is understandable to an ordinary customer, and presented in a form that is clear and conspicuous.

             (2) Disclose the following information in a prominent manner on all billing statements sent to retail electric customers, or by a separate written notice mailed to all retail electric customers at least quarterly and at the same time as a billing statement: "YOUR BILL INCLUDES CHARGES FOR ELECTRICITY, DELIVERY SERVICES, GENERAL ADMINISTRATION AND OVERHEAD, METERING, TAXES, CONSERVATION EXPENSES, AND OTHER ITEMS."


             NEW SECTION. Sec. 5. (1) The utilities and transportation commission and the department of community, trade, and economic development shall jointly study the following issues:

             (a) Variations in retail electricity rates within the state and in comparison with national averages, trends affecting the electric service costs for all customers in the state, and strategies available to minimize those costs in the future;

             (b) Demographics of retail electric customers in the state to include the distribution of customers by size of load;

             (c) The potential for cost-shifting among customer classes and among customers within the same class, and strategies available to minimize inappropriate cost;

             (d) The consumer protection policies and procedures of electric utilities, including areas of consistency and inconsistency among the utilities in those policies and procedures;

             (e) The status, number, and primary characteristics of service territory agreements between electric utilities;

             (f) The current level of service quality and reliability as measured by available statistics, trends affecting quality of service and the integrity and reliability of the distribution system, and ways to ensure high service quality and reliability in the future; and

             (g) Current levels of investment in conservation, nonhydrorenewable resources, and low-income energy assistance programs, trends affecting such investment, and ways to fairly, efficiently, and effectively foster future achievement of the purposes of such investment.

             (2) The utilities and transportation commission and the department of community, trade, and economic development shall consult with the chair and ranking minority member of the senate and house of representatives energy and utilities committees, electric utilities, retail electric customers, and other interested parties throughout the course of the study and shall report the results of this study to the legislature and the governor no later than December 31, 1998.

             (3) Except as otherwise provided in section 6 of this act, each electric utility shall cooperate with the commission and the department in the preparation of the study and report required by this section, and shall provide all information requested by the commission or the department in a timely manner so that the study and report will be as thorough as possible and completed on schedule. The commission and department shall coordinate and cooperate with each other in preparing the study and report, particularly in requesting information from, or the assistance of, electric utilities, to minimize the potential for redundant requests.


             NEW SECTION. Sec. 6. The provisions of sections 3 through 5 of this act do not apply to a small utility. However, nothing in this section prohibits the governing body of a small utility from determining the utility should comply with any or all of the provisions of sections 3 through 5 of this act, which governing bodies are encouraged to do.


             NEW SECTION. Sec. 7. Nothing in chapter . . ., Laws of 1998 (this act) shall be construed as conferring on any state agency jurisdiction, supervision, or control over any consumer-owned utility.


             Sec. 8. RCW 74.38.070 and 1990 c 164 s 1 are each amended to read as follows:

             (1) Notwithstanding any other provision of law, any county, city, town, municipal corporation, or quasi municipal corporation providing utility services may provide such services at reduced rates for low income senior citizens or other low-income ((disabled)) citizens: PROVIDED, That, for the purposes of this section, "low-income senior citizen" or "other low-income ((disabled)) citizen" shall be defined by appropriate ordinance or resolution adopted by the governing body of the county, city, town, municipal corporation, or quasi municipal corporation providing the utility services except as provided in subsection (2) of this section. Any reduction in rates granted in whatever manner to low-income senior citizens or other low-income ((disabled)) citizens in one part of a service area shall be uniformly extended to low-income senior citizens or other low-income ((disabled)) citizens in all other parts of the service area.

             (2) For purposes of implementing this section by any public utility district, (a) "low-income senior citizen" means a person who is sixty-two years of age or older and whose total income, including that of his or her spouse or cotenant, does not exceed the amount specified in RCW 84.36.381(5)(b), as now or hereafter amended and (b) "other low-income ((disabled)) citizen" means (((i))) a person ((qualifying for special parking privileges under RCW 46.16.381(1) (a) through (f), (ii) a blind person as defined in RCW 74.18.020, or (iii) a disabled, handicapped, or incapacitated person as defined under any other existing state or federal program and)) whose household income((, including that of his or her spouse or cotenant,)) does not exceed the amount specified in RCW 70.164.020(4).


             NEW SECTION. Sec. 9. Sections 1 through 4, 6, and 7 of this act constitute a new chapter in Title 19 RCW.


             NEW SECTION. Sec. 10. 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. 11. 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 takes effect immediately."


             Correct the title.

 

Signed by Representatives Crouse, Chairman; DeBolt, Vice Chairman; Mastin, Vice Chairman; Poulsen, Ranking Minority Member; Morris, Assistant Ranking Minority Member; Bush; Cooper; Delvin; Honeyford; Kastama; Kessler and Mielke.

 

MINORITY recommendation: Do not pass. Signed by Representative B. Thomas.


             Voting Yea: Representatives Crouse, Mastin, DeBolt, Poulsen, Morris, Bush, Cooper, Honeyford, Kastama, Kessler, Mielke and Mulliken.

             Voting Nay: Representative B. Thomas.


             Referred to Committee on Appropriations.


February 26, 1998

SSB 6574          Prime Sponsor, Senate Committee on Education: Authorizing learning materials to be loaned to private school students. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Johnson, Chairman; Hickel, Vice Chairman; Linville; Quall; Smith; Sterk; Sump and Talcott.

 

MINORITY recommendation: Do not pass. Signed by Representatives Cole, Ranking Minority Member; Keiser, Assistant Ranking Minority Member; and Veloria.


             Voting Yea: Representatives Johnson, Hickel, Linville, Quall, Smith, Sterk, Sump and Talcott.

             Voting Nay: Representatives Cole, Keiser and Veloria.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6581            Prime Sponsor, Senator Roach: Revising standards for determining child support obligations. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lantz; Mulliken; Robertson and Sherstad.

 

MINORITY recommendation: Without recommendation. Signed by Representative Lambert.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lantz, Mulliken, Robertson and Sherstad.

             Voting Nay: Representative Lambert.


             Passed to Rules Committee for second reading.


February 26, 1998

ESB 6582         Prime Sponsor, Senator Finkbeiner: Refining electronic signature law. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Chairman; Honeyford, Vice Chairman; Conway, Ranking Minority Member; Wood, Assistant Ranking Minority Member; Boldt; Clements; Hatfield and Lisk.


             Voting Yea: Representatives D. Schmidt, D. Sommers, Scott, Doumit, Dunn, Dunshee, Murray, Reams, Smith, L. Thomas, Wensman and Wolfe.

             Excused: Representative Gardner.


             Voting Yea: Representatives McMorris, Honeyford, Conway, Wood, Boldt, Clements, Hatfield and Lisk.

             Excused: Representative Cole.


             Passed to Rules Committee for second reading.


February 27, 1998

SB 6585            Prime Sponsor, Senator Oke: Authorizing distribution of nonhighway vehicle funds to nonprofit off-road vehicle organizations. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 46.09.240 and 1991 c 363 s 122 are each amended to read as follows:

             (1) After deducting administrative expenses and the expense of any programs conducted under this chapter, the interagency committee for outdoor recreation shall, at least once each year, distribute the funds it receives under RCW 46.09.110 and 46.09.170 to state agencies, counties, municipalities, federal agencies, nonprofit ORV organizations, and Indian tribes. Funds distributed under this section to nonprofit ORV organizations may be spent only on projects or activities that benefit ORV recreation on lands once publicly owned that come into private ownership in a federally approved land exchange completed between January 1, 1998, and January 1, 2005.

             The committee shall adopt rules governing applications for funds administered by the agency under this chapter and shall determine the amount of money distributed to each applicant. Agencies receiving funds under this chapter for capital purposes shall consider the possibility of contracting with the state parks and recreation commission, the department of natural resources, or other federal, state, and local agencies to employ the youth development and conservation corps or other youth crews in completing the project.

             (2) The interagency committee shall require each applicant for land acquisition or development funds under this section to conduct, before submitting the application, a public hearing in the nearest town of five hundred population or more, and publish notice of such hearing on the same day of each week for two consecutive weeks as follows:

             (a) In the newspaper of general circulation published nearest the proposed project;

             (b) In the newspaper having the largest circulation in the county or counties where the proposed project is located; and

             (c) If the proposed project is located in a county with a population of less than forty thousand, the notice shall also be published in the newspaper having the largest circulation published in the nearest county that has a population of forty thousand or more.

             (3) The notice shall state that the purpose of the hearing is to solicit comments regarding an application being prepared for submission to the interagency committee for outdoor recreation for acquisition or development funds under the off-road and nonhighway vehicle program. The applicant shall file notice of the hearing with the department of ecology at the main office in Olympia and shall comply with the State Environmental Policy Act, chapter 43.21C RCW. A written record and a magnetic tape recording of the hearing shall be included in the application."

 

Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.


             Voting Yea: Representatives Buck, Sump, Thompson, Regala, Butler, Alexander, Anderson, Chandler, Eickmeyer, Hatfield, and Pennington.


             Passed to Rules Committee for second reading.


February 27, 1998

SSB 6598          Prime Sponsor, Senate Committee on Government Operations: Regarding filing of state-funded personal service contacts. Reported by Committee on Government Administration

 

MAJORITY recommendation: Do pass. Signed by Representatives D. Schmidt, Chairman; D. Sommers, Vice Chairman; Scott, Ranking Minority Member; Gardner, Assistant Ranking Minority Member; Doumit; Dunn; Dunshee; Murray; Reams; Smith; L. Thomas; Wensman and Wolfe.


             Voting Yea: Representatives D. Schmidt, D. Sommers, Scott, Gardner, Doumit, Dunn, Dunshee, Murray, Reams, Smith, L. Thomas, Wensman and Wolfe.

             Excused: Representative Gardner.


             Passed to Rules Committee for second reading.


February 27, 1998

ESSB 6600       Prime Sponsor, Senate Committee on Education: Establishing an education program for juveniles incarcerated in adult correctional facilities. Reported by Committee on Education

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             NEW SECTION. Sec. 1. A new section is added to chapter 28A.150 RCW to read as follows:

             (1) The legislature finds that the state is not required to provide basic or special education through the common schools to juveniles in adult correctional facilities of the department of corrections or local governments. The legislature intends to provide some education services to these inmates as part of their correctional services, doing so under difficult circumstances in an adult penal system because these inmates chose to commit crimes that cause society to treat them as adults.

             (2) School districts shall not be required to provide any education services to inmates of local adult correctional facilities or department of corrections facilities even when the inmates are under age twenty-one.


             NEW SECTION. Sec. 2. A new section is added to chapter 72.09 RCW to read as follows:

             (1) To the extent the department is required or chooses to provide education services to juvenile inmates of its adult correctional facilities under RCW 72.09.460(2) and to the extent funds are appropriated, the department may contract with school districts, educational service districts, community and technical colleges, or private vendors to provide those educational programs. If a contract is not entered into with a willing and capable education provider, the department shall operate and staff its own educational programs.

             (2) The department may consult with the superintendent of public instruction, the state board for community and technical colleges, and others, in finding willing and capable education providers and in designing programs to provide access to education services at its facilities.

             (3) School districts shall not be required to provide any education services to inmates of department of corrections adult correctional facilities even when the inmates are under age twenty-one.


             NEW SECTION. Sec. 3. A new section is added to chapter 70.48 RCW to read as follows:

             (1) To the extent a local adult correctional facility chooses or is required to provide education services to juvenile inmates of its facilities, the local facility may, if the local school district chooses not to provide education services upon request of the facility, request that the local educational service district provide educational services. The educational service district may deny the request or may choose to provide education services and may request funds under section 4 of this act. The local adult correctional facility also may choose to provide the education services itself.

             (2) The education services provided under this section necessarily may be limited services because the juvenile is housed at the facility generally for less than a year, there may be few juveniles at that facility, and the facility may be remote. The legislature intends to provide these limited education services to help enable the juvenile to make some educational progress while confined for a year or less, and help to resume his or her education in more traditional methods upon release from the facility.

             (3) The services may include some special education services to inmates as may be required by federal law.

             (4) School districts shall not be required to provide any education services to inmates of local adult correctional facilities even when the inmates are under age twenty-one.


             NEW SECTION. Sec. 4. A new section is added to chapter 28A.305 RCW to read as follows:

             To the extent funds are appropriated for the purposes of section 3(1) of this act, the superintendent of public instruction shall provide funds to educational service districts that have been requested by a local adult correctional facility to provide education services for its juvenile inmates.


             NEW SECTION. Sec. 5. (1) The department of corrections, with the assistance of the superintendent of public instruction and the administrator for the courts, shall conduct a study to determine the educational needs of inmates under the age of twenty-one incarcerated in jail and prison, the impact of providing educational services to those inmates on the security and penological interests of the correctional institutions that incarcerate those inmates, and the ability of local school districts, the community and technical colleges, private vendors, juvenile detention centers, and the correctional institutions to provide those educational services.

             (2) The department, the superintendent of public instruction, and the administrator for the courts shall consult with the following groups:

             (a) The Washington association of school administrators;

             (b) The individual school districts and educational service districts in which the department or a county jail may operate a school for inmates under age twenty-one;

             (c) The Washington state association of counties;

             (d) The state board for community and technical colleges;

             (e) The higher education coordinating board;

             (f) The United States department of education office of special education programs and the office for civil rights;

             (g) The juvenile rehabilitation administration's residential school programs;

             (h) The juvenile court administrators;

             (i) The attorney general;

             (j) The Washington association of prosecuting attorneys;

             (k) The school districts that provide educational services to juvenile offenders incarcerated in state juvenile residential schools; and

             (l) Any other person or association that in the opinion of the department, the superintendent of public instruction, or the administrator for the courts may assist in the study.

             (3) No later than May 1, 1998, the department and the superintendent of public instruction shall provide to the house of representatives and senate committees on education, the house of representatives committee on criminal justice and corrections, the senate committee on human services and corrections, and the house of representatives and senate fiscal committees, a profile of all offenders under the age of twenty-one who are incarcerated in a department of corrections facility. The profile shall identify the offenders individually by the following:

             (a) Age;

             (b) Offense or offenses of commitment;

             (c) Criminal history;

             (d) Anticipated length of stay;

             (e) The number of serious infractions committed by the offender during incarceration and the number of times, if any, the offender has been placed in an intensive management unit;

             (f) The offender's custody level;

             (g) Whether the offender has a high school diploma or a GED;

             (h) The last grade the offender completed;

             (i) Whether the offender, in the educational placement before incarceration, was identified as a child with a disability or had an individualized education program;

             (j) Whether the offender would qualify for transition planning and services under 20 U.S.C. Sec. 1414(d)(6);

             (k) Whether the department has security or penological interests that warrant modification of an existing individualized education program or placement as provided by 20 U.S.C. Sec. 1414(d)(6);

             (l) Whether the offender has participated in any educational programs offered by the department; and

             (m) Whether the offender may be in need of special education and related services. This subsection (3)(m) does not require the department or the superintendent to evaluate an offender to determine if the offender is a child with disabilities in need of special education and related services.

             (4) No later than September 1, 1998, the department of corrections, the superintendent of public instruction, and the administrator for the courts shall provide to the committees identified in subsection (3) of this section a profile of inmates under the age of twenty-one confined in county jails between the effective date of this section and August 1, 1998. The profile shall identify the inmates' characteristics as listed in subsection (3) of this section and shall include all inmates detained in a county correctional facility whether arrested, charged, pending trial, or convicted. The department, the superintendent of public instruction, and the administrator for the courts shall assist the counties in gathering this information.

             (5) No later than September 1, 1998, the department, the superintendent of public instruction, and the administrator for the courts shall make a preliminary report to the committees listed in subsection (3) of this section, identifying the educational needs of inmates under the age of twenty-one in adult correctional facilities, the impact of providing educational services to those inmates on the security and penological interests of the correctional institutions that incarcerate those inmates, and the ability of local school districts, the community and technical colleges, private vendors, juvenile detention centers, and the correctional institutions to provide those educational services. The department and the superintendent, in consultation with the office of financial management, shall estimate the various capital and operating costs of providing educational services equivalent to a basic education or basic skills education to offenders under age twenty-one, and special education and related services to all inmates under age twenty-one or to only those inmates under age eighteen and between the ages of eighteen and twenty-one who were identified as a child with a disability or had an individualized education program in the educational placement before incarceration in an adult correctional facility. The department and the superintendent of public instruction shall inform the committees as to which educational entity or entities are able and willing to provide those educational services.

             (6) No later than November 1, 1998, the department, the superintendent of public instruction, and the administrator for the courts shall make final recommendations to the legislative committees identified in subsection (3) of this section.


             Sec. 6. RCW 72.09.460 and 1997 c 338 s 43 are each amended to read as follows:

             (1) The legislature intends that all inmates be required to participate in department-approved education programs, work programs, or both, unless exempted under subsection (4) of this section. Eligible inmates who refuse to participate in available education or work programs available at no charge to the inmates shall lose privileges according to the system established under RCW 72.09.130. Eligible inmates who are required to contribute financially to an education or work program and refuse to contribute shall be placed in another work program. Refusal to contribute shall not result in a loss of privileges. The legislature recognizes more inmates may agree to participate in education and work programs than are available. The department must make every effort to achieve maximum public benefit by placing inmates in available and appropriate education and work programs.

             (2)(a) The department shall provide a program of education to all offenders who are under the age of eighteen and who have not met high school graduation or general equivalency diploma requirements. The program of education established by the department for offenders under the age of eighteen must provide each offender a ((choice of)) curriculum that will assist the inmate in achieving a high school diploma or general equivalency diploma; the department shall determine the most appropriate path depending on age, education history, inmate preference, and other considerations. The program of education may be coordinated with prevocational training, work ethic skills, conflict resolution counseling, substance abuse intervention, and anger management counseling. The curriculum may balance these and other rehabilitation, work, and training components.

             (b) Access to special education in connection with education programs under (a) of this subsection may be provided for those under the age of twenty-two to the extent required by federal law.

             (3) The department shall, to the extent possible and considering all available funds, prioritize its resources to meet the following goals for inmates in the order listed:

             (a) Achievement of basic academic skills through obtaining a high school diploma or its equivalent and achievement of vocational skills necessary for purposes of work programs and for an inmate to qualify for work upon release;

             (b) Additional work and education programs based on assessments and placements under subsection (5) of this section; and

             (c) Other work and education programs as appropriate.

             (4) The department shall establish, by rule, objective medical standards to determine when an inmate is physically or mentally unable to participate in available education or work programs. When the department determines an inmate is permanently unable to participate in any available education or work program due to a medical condition, the inmate is exempt from the requirement under subsection (1) of this section. When the department determines an inmate is temporarily unable to participate in an education or work program due to a medical condition, the inmate is exempt from the requirement of subsection (1) of this section for the period of time he or she is temporarily disabled. The department shall periodically review the medical condition of all temporarily disabled inmates to ensure the earliest possible entry or reentry by inmates into available programming.

             (5) The department shall establish, by rule, standards for participation in department-approved education and work programs. The standards shall address the following areas:

             (a) Assessment. The department shall assess all inmates for their basic academic skill levels using a professionally accepted method of scoring reading, math, and language skills as grade level equivalents. The department shall determine an inmate's education history, work history, and vocational or work skills. The initial assessment shall be conducted, whenever possible, within the first thirty days of an inmate's entry into the correctional system, except that initial assessments are not required for inmates who are sentenced to life without the possibility of release, assigned to an intensive management unit within the first thirty days after entry into the correctional system, are returning to the correctional system within one year of a prior release, or whose physical or mental condition renders them unable to complete the assessment process. The department shall track and record changes in the basic academic skill levels of all inmates reflected in any testing or assessment performed as part of their education programming;

             (b) Placement. The department shall follow the policies set forth in subsection (1) of this section in establishing criteria for placing inmates in education and work programs. The department shall, to the extent possible, place all inmates whose composite grade level score for basic academic skills is below the eighth grade level in a combined education and work program. The placement criteria shall include at least the following factors:

             (i) An inmate's release date and custody level, except an inmate shall not be precluded from participating in an education or work program solely on the basis of his or her release date;

             (ii) An inmate's education history and basic academic skills;

             (iii) An inmate's work history and vocational or work skills;

             (iv) An inmate's economic circumstances, including but not limited to an inmate's family support obligations; and

             (v) Where applicable, an inmate's prior performance in department-approved education or work programs;

             (c) Performance and goals. The department shall establish, and periodically review, inmate behavior standards and program goals for all education and work programs. Inmates shall be notified of applicable behavior standards and program goals prior to placement in an education or work program and shall be removed from the education or work program if they consistently fail to meet the standards or goals;

             (d) Financial responsibility. (i) The department shall establish a formula by which inmates, based on their ability to pay, shall pay all or a portion of the costs or tuition of certain programs. Inmates shall, based on the formula, pay a portion of the costs or tuition of participation in:

             (A) Second and subsequent vocational programs associated with an inmate's work programs; and

             (B) An associate of arts or baccalaureate degree program when placement in a degree program is the result of a placement made under this subsection;

             (ii) Inmates shall pay all costs and tuition for participation in:

             (A) Any postsecondary academic degree program which is entered independently of a placement decision made under this subsection; and

             (B) Second and subsequent vocational programs not associated with an inmate's work program.

             Enrollment in any program specified in (d)(ii) of this subsection shall only be allowed by correspondence or if there is an opening in an education or work program at the institution where an inmate is incarcerated and no other inmate who is placed in a program under this subsection will be displaced; and

             (e) Notwithstanding any other provision in this section, an inmate sentenced to life without the possibility of release:

             (i) Shall not be required to participate in education programming; and

             (ii) May receive not more than one postsecondary academic degree in a program offered by the department or its contracted providers.

             If an inmate sentenced to life without the possibility of release requires prevocational or vocational training for a work program, he or she may participate in the training subject to this section.

             (6) The department shall coordinate education and work programs among its institutions, to the greatest extent possible, to facilitate continuity of programming among inmates transferred between institutions. Before transferring an inmate enrolled in a program, the department shall consider the effect the transfer will have on the inmate's ability to continue or complete a program. This subsection shall not be used to delay or prohibit a transfer necessary for legitimate safety or security concerns.

             (7) Before construction of a new correctional institution or expansion of an existing correctional institution, the department shall adopt a plan demonstrating how cable, closed-circuit, and satellite television will be used for education and training purposes in the institution. The plan shall specify how the use of television in the education and training programs will improve inmates' preparedness for available work programs and job opportunities for which inmates may qualify upon release.

             (8) The department shall adopt a plan to reduce the per-pupil cost of instruction by, among other methods, increasing the use of volunteer instructors and implementing technological efficiencies. The plan shall be adopted by December 1996 and shall be transmitted to the legislature upon adoption. The department shall, in adoption of the plan, consider distance learning, satellite instruction, video tape usage, computer-aided instruction, and flexible scheduling of offender instruction.

             (9) Following completion of the review required by section 27(3), chapter 19, Laws of 1995 1st sp. sess. the department shall take all necessary steps to assure the vocation and education programs are relevant to work programs and skills necessary to enhance the employability of inmates upon release.


             Sec. 7. RCW 28A.155.020 and 1995 c 77 s 8 are each amended to read as follows:

             There is established in the office of the superintendent of public instruction an administrative section or unit for the education of children with disabling conditions.

             Children with disabilities are those children in school or out of school who are temporarily or permanently retarded in normal educational processes by reason of physical or mental disability, or by reason of emotional maladjustment, or by reason of other disability, and those children who have specific learning and language disabilities resulting from perceptual-motor disabilities, including problems in visual and auditory perception and integration.

             Except as provided in section 1 of this act, the superintendent of public instruction shall require each school district in the state to insure an appropriate educational opportunity for all children with disabilities between the ages of three and twenty-one((, but)). When ((the)) a child's twenty-first birthday occurs during the school year, the educational program may be continued until the end of that school year. The superintendent of public instruction, by rule, shall establish for the purpose of excess cost funding, as provided in RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.100, functional definitions of the various types of disabling conditions and eligibility criteria for special education programs for students with disabilities. For the purposes of RCW 28A.155.010 through 28A.155.100, an appropriate education is defined as an education directed to the unique needs, abilities, and limitations of the children with disabilities. School districts are strongly encouraged to provide parental training in the care and education of the children and to involve parents in the classroom.

             Nothing in this section shall prohibit the establishment or continuation of existing cooperative programs between school districts or contracts with other agencies approved by the superintendent of public instruction, which can meet the obligations of school districts to provide education for children with disabilities, or prohibit the continuation of needed related services to school districts by the department of social and health services.

             This section shall not be construed as in any way limiting the powers of local school districts set forth in RCW 28A.155.070.

             No child shall be removed from the jurisdiction of juvenile court, a local jail, or the department of corrections for training or education under RCW 28A.155.010 through 28A.155.100 without the approval of the superior court of the county.


             Sec. 8. RCW 28A.225.010 and 1996 c 134 s 1 are each amended to read as follows:

             (1) All parents in this state of any child eight years of age and under eighteen years of age shall cause such child to attend the public school of the district in which the child resides and such child shall have the responsibility to and therefore shall attend for the full time when such school may be in session unless:

             (a) The child is attending an approved private school for the same time or is enrolled in an extension program as provided in RCW 28A.195.010(4);

             (b) The child is receiving home-based instruction as provided in subsection (4) of this section;

             (c) The child is attending an education center as provided in chapter 28A.205 RCW;

             (d) The school district superintendent of the district in which the child resides shall have excused such child from attendance because the child is physically or mentally unable to attend school, is attending a residential school operated by the department of social and health services, is incarcerated in an adult correctional facility of the department of corrections or a local government, or has been temporarily excused upon the request of his or her parents for purposes agreed upon by the school authorities and the parent: PROVIDED, That such excused absences shall not be permitted if deemed to cause a serious adverse effect upon the student's educational progress: PROVIDED FURTHER, That students excused for such temporary absences may be claimed as full time equivalent students to the extent they would otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260 and shall not affect school district compliance with the provisions of RCW 28A.150.220; or

             (e) The child is sixteen years of age or older and:

             (i) The child is regularly and lawfully employed and either the parent agrees that the child should not be required to attend school or the child is emancipated in accordance with chapter 13.64 RCW;

             (ii) The child has already met graduation requirements in accordance with state board of education rules and regulations; or

             (iii) The child has received a certificate of educational competence under rules and regulations established by the state board of education under RCW 28A.305.190.

             (2) A parent for the purpose of this chapter means a parent, guardian, or person having legal custody of a child.

             (3) An approved private school for the purposes of this chapter and chapter 28A.200 RCW shall be one approved under regulations established by the state board of education pursuant to RCW 28A.305.130.

             (4) For the purposes of this chapter and chapter 28A.200 RCW, instruction shall be home-based if it consists of planned and supervised instructional and related educational activities, including a curriculum and instruction in the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of an appreciation of art and music, provided for a number of hours equivalent to the total annual program hours per grade level established for approved private schools under RCW 28A.195.010 and 28A.195.040 and if such activities are:

             (a) Provided by a parent who is instructing his or her child only and are supervised by a certificated person. A certificated person for purposes of this chapter and chapter 28A.200 RCW shall be a person certified under chapter 28A.410 RCW. For purposes of this section, "supervised by a certificated person" means: The planning by the certificated person and the parent of objectives consistent with this subsection; a minimum each month of an average of one contact hour per week with the child being supervised by the certificated person; and evaluation of such child's progress by the certificated person. The number of children supervised by the certificated person shall not exceed thirty for purposes of this subsection; or

             (b) Provided by a parent who is instructing his or her child only and who has either earned forty-five college level quarter credit hours or its equivalent in semester hours or has completed a course in home-based instruction at a postsecondary institution or a vocational-technical institute; or

             (c) Provided by a parent who is deemed sufficiently qualified to provide home-based instruction by the superintendent of the local school district in which the child resides.

             (5) The legislature recognizes that home-based instruction is less structured and more experiential than the instruction normally provided in a classroom setting. Therefore, the provisions of subsection (4) of this section relating to the nature and quantity of instructional and related educational activities shall be liberally construed.


             NEW SECTION. Sec. 9. 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 takes effect immediately.


             NEW SECTION. Sec. 10. 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. 11. Funding for the education programs in this act for juveniles incarcerated in adult correctional facilities shall be provided in the omnibus appropriations act and shall be considered sufficient for the education needs of juveniles incarcerated in adult correctional facilities."


             Correct the title.

 

Signed by Representatives Johnson, Chairman; Hickel, Vice Chairman; Smith; Sterk; Sump and Talcott.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Cole, Ranking Minority Member; Keiser, Assistant Ranking Minority Member; Linville; Quall and Veloria.


             Voting Yea: Representatives Johnson, Hickel, Smith, Sterk, Sump and Talcott.

             Voting Nay: Representatives Cole, Keiser, Linville and Veloria.

             Excused: Representative Quall.


             Referred to Committee on Appropriations.


February 26, 1998

SSB 6603          Prime Sponsor, Senate Committee on Transportation: Excepting certain vessels from registration. Reported by Committee on Transportation Policy & Budget

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 88.02.030 and 1997 c 83 s 1 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. On or before the sixty-first day of use in the state, any vessel in the state under this subsection shall obtain an identification document from the department of licensing, its agents, or subagents indicating when the vessel first came into the state. At the time of any issuance of an identification document, a twenty-five dollar identification document fee shall be paid by the vessel owner to the department of licensing for the cost of providing the identification document by the department of licensing. Any moneys remaining from the fee after payment of costs shall be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.045. The department of licensing shall adopt rules to implement its duties under this subsection, including issuing and displaying the identification document and collecting the twenty-five dollar fee;

             (4) Vessels that have been issued a valid number under federal law or by an approved issuing authority of the state of principal operation. However, a vessel that is validly registered in another state 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 nonresident if the vessel is located upon the waters of this state exclusively for repairs, alteration, or reconstruction, or any testing related to the repair, alteration, or reconstruction conducted in this state if an employee of the repair, alteration, or construction facility is on board the vessel during any testing: PROVIDED, That any vessel owned by a nonresident is located upon the waters of this state exclusively for repairs, alteration, 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, alteration, 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, alteration, 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 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;

             (10) Vessels primarily engaged in commerce which are owned by a resident of a country other than the United States; and

             (11) On and after January 1, 1998, vessels owned by a nonresident individual brought into the 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. However, the vessel must (((a) be registered or numbered under the laws of a country other than the United States, (b) have a valid United States customs service cruising license issued under 19 C.F.R. Sec. 4.94, or (c))) have been issued a valid number under federal law or by an approved issuing authority of the state of principal operation. On or before the sixty-first day of use in the state, any vessel temporarily in the state under this subsection shall obtain an identification document from the department of licensing, its agents, or subagents indicating when the vessel first came into the state. An identification document shall be valid for a period of two months. At the time of any issuance of an identification document, a twenty-five dollar identification document fee shall be paid by the vessel owner to the department of licensing for the cost of providing the identification document by the department of licensing. Any moneys remaining from the fee after payment of costs shall be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.045. The department of licensing shall adopt rules to implement its duties under this subsection, including issuing and displaying the identification document and collecting the twenty-five dollar fee.


             NEW SECTION. Sec. 2. 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 takes effect immediately."

 

Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Buck; Constantine; DeBolt; Gardner; Hatfield; Johnson; McCune; O'Brien; Radcliff; Robertson; Romero; Scott; Skinner; Sterk; Wood and Zellinsky.


             Voting Yea: Representatives K. Schmidt, Fisher, Hankins, Mielke, Mitchell, Backlund, Buck, Constantine, Cooper, DeBolt, Gardner, Hatfield, Johnson, McCune, Murray, O'Brien, Ogden, Radcliff, Robertson, Romero, Scott, Skinner, Sterk, Wood and Zellinsky.

             Excused: Representatives Cairnes and Chandler.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6604            Prime Sponsor, Senator Schow: Allowing the department of labor and industries to exempt specified work on premanufactured electric power generation equipment from licensing requirements. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Chairman; Honeyford, Vice Chairman; Conway, Ranking Minority Member; Wood, Assistant Ranking Minority Member; Boldt; Clements; Hatfield and Lisk.


             Voting Yea: Representatives McMorris, Honeyford, Conway, Wood, Boldt, Clements, Hatfield and Lisk.

             Excused: Representative Cole.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6605          Prime Sponsor, Senate Committee on Agriculture & Environment: Creating lien rights for owners of sires providing semen for artificial insemination. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass. Signed by Representatives Chandler, Chairman; Parlette, Vice Chairman; Schoesler, Vice Chairman; Linville, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Cooper; Delvin; Koster; Mastin; Regala and Sump.


             Voting Yea: Representatives Chandler, Schoesler, Linville, Anderson, Cooper, Delvin, Koster, Regala and Sump.

             Excused: Representatives Parlette and Mastin.


             Passed to Rules Committee for second reading.


February 27, 1998

SB 6608            Prime Sponsor, Senator Heavey: Providing for election of councilmembers by districts in first class cities with populations of over four hundred thousand. Reported by Committee on Government Administration

 

MAJORITY recommendation: Do pass. Signed by Representatives D. Sommers, Vice Chairman; Scott, Ranking Minority Member; Doumit; Dunn; Reams; Smith and L. Thomas.

 

MINORITY recommendation: Do not pass. Signed by Representatives D. Schmidt, Chairman; Gardner, Assistant Ranking Minority Member; Dunshee; Murray; Wensman and Wolfe.


             Voting Yea: Representatives D. Sommers, Scott, Doumit, Dunn, Reams, Smith and L. Thomas,

             Voting Nay: Representatives D. Schmidt, Gardner, Dunshee, Murray, Wensman and Wolfe.


             Passed to Rules Committee for second reading.


February 27, 1998

ESSB 6622       Prime Sponsor, Senate Committee on Energy & Utilities: Implementing the federal telecommunications act of 1996. Reported by Committee on Energy & Utilities

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. (1) The commission shall plan and prepare to implement a program for the preservation and advancement of universal telecommunications service which shall not take effect until the legislature approves the program. The purpose of the universal service program is to benefit telecommunications ratepayers in the state by minimizing implicit sources of support and maximizing explicit sources of support that are specific, sufficient, competitively neutral, and technologically neutral to support basic telecommunications services for customers of telecommunications companies in high-cost locations.

             (2) In preparing a universal service program for approval by the legislature, the commission shall:

             (a) Estimate the cost of supporting all lines located in high-cost locations and the cost of supporting one primary telecommunications line for each residential or business customer located in high-cost locations;

             (b) Determine the assessments that must be made on all telecommunications carriers, and the manner of collection, to provide support for:

             (i) All residential and business lines located in high-cost locations;

             (ii) Only one primary line for each residential or business customer located in high-cost locations;

             (c) Designate those telecommunications carriers serving high-cost locations that are eligible to receive support for the benefit of their customers in those locations;

             (d) Adopt or prepare to adopt all necessary rules for administration of the program; and

             (e) Provide a schedule of all fees and payments proposed or expected to be proposed by the commission under subsection (4)(d) of this section.

             (3) The commission shall report by November 1, 1998, to the legislature on these steps taken to prepare for implementation and shall inform the legislature of the estimated cost to support all lines located in high-cost locations and the estimated cost to support only one primary line for each residential or business customer located in high-cost locations under a universal service program.

             (4) Once a program is approved by the legislature and subsequently established, the following provisions apply unless otherwise directed by the legislature:

             (a) All transfers of money necessary to provide the support shall be outside the state treasury and not be subject to appropriation;

             (b) The commission may delegate to the commission secretary or other staff the authority to resolve disputes or make other decisions necessary to the administration of the program;

             (c) The commission may contract with an independent program administrator subject to the direction and control of the commission and may authorize the establishment of an account or accounts in independent financial institutions should that be necessary for administration of the program;

             (d) The expenses of an independent program administrator shall be authorized by the commission and shall be paid out of contributions by the telecommunications carriers participating in the program;

             (e) The commission may require the carriers participating in the program, as part of their contribution, to pay into the public service revolving fund the costs of the commission attributable to supervision and administration of the program that are not already recovered through existing fees paid to the commission.

             (5) The commission shall establish standards for review or testing of all telecommunications carriers' compliance with the program for the purpose of ensuring the support received by a telecommunications carrier is used only for the purposes of the program and that each telecommunications carrier is making its proper contribution to the program. The commission may conduct the review or test, or contract with an independent administrator or other person to conduct the review or test.

             (6) The commission shall coordinate administration of the program with any federal universal service program and may administer the federal fund in conjunction with the state program if so authorized by federal law.

             (7) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

             (a) "Telecommunications carrier" has the same meaning as defined in 47 U.S.C. Sec. 153(44).

             (b) "Basic telecommunications services" means the following services:

             (i) Single-party service;

              (ii) Voice grade access to the public switched network;

             (iii) Support for local usage;

             (iv) Dual tone multifrequency signaling (touch-tone);

             (v) Access to emergency services (911);

             (vi) Access to operator services;

             (vii) Access to interexchange services;

             (viii) Access to directory assistance; and

             (ix) Toll limitation services.

             (c) "High-cost location" means a location where the cost of providing telecommunications services is greater than a benchmark established by the commission by rule.


             NEW SECTION. Sec. 2. (1) The commission is authorized to take actions, conduct proceedings, and enter orders as permitted or contemplated for a state commission under the federal telecommunications act of 1996, P.L. 104-104 (110 Stat. 56), but the commission's authority to either establish a new state program or to adopt new rules to preserve and advance universal service under section 254(f) of the federal act is limited to the actions expressly authorized by section 1 of this act. The commission may establish by rule fees to be paid by persons seeking commission action under the federal act, and by parties to proceedings under that act, to offset in whole or part the commission's expenses that are not already recovered through existing fees in implementing the act, but new fees or assessments charged telecommunications carriers to either establish a state program or to adopt rules to preserve and advance universal service under section 254(f) of the federal act do not take effect until the legislature has approved a state universal service program.

             (2) The legislature intends that under the future universal service program established in this state:

             (a) Every telecommunications carrier that provides intrastate telecommunications services shall contribute, on an equitable and nondiscriminatory basis, to the preservation and advancement of universal service in the state;

             (b) The contributions shall be competitively and technologically neutral; and

             (c) The universal service program to be established in accordance with section 1 of this act shall not be inconsistent with the requirements of 47 U.S.C. Sec. 254.


             NEW SECTION. Sec. 3. Any rules regarding universal service adopted by the utilities and transportation commission shall comply with the purpose, as stated in section 1 of this act, for establishing a program for the preservation and advancement of universal telecommunications service. Services to be supported are only those basic services defined in section 1(7) of this act.


             Sec. 4. RCW 80.36.310 and 1989 c 101 s 14 are each amended to read as follows:

             (1) Telecommunications companies may petition to be classified as competitive telecommunications companies under RCW 80.36.320 or to have services classified as competitive telecommunications services under RCW 80.36.330. The commission may initiate classification proceedings on its own motion. The commission may require all regulated telecommunications companies potentially affected by a classification proceeding to appear as parties for a determination of their classification.

             (2) Any company petition or commission motion for competitive classification shall state an effective date not sooner than thirty days from the filing date. The company must provide notice and publication of the proposed competitive classification in the same manner as provided in RCW 80.36.110 for tariff changes. The proposed classification shall take effect on the stated effective date unless suspended by the commission and set for hearing under chapter 34.05 RCW or set for a formal investigation and fact-finding under RCW 80.36.145. The commission shall enter its final order with respect to any suspended classification within ((ten)) six months from the date of filing of a company's petition or the commission's motion.


             Sec. 5. RCW 80.36.320 and 1989 c 101 s 15 are each amended to read as follows:

             (1) The commission shall classify a telecommunications company ((providing service in a relevant market)) as a competitive telecommunications company if ((it finds, after notice and hearing, that the telecommunications company has demonstrated that)) the services it offers are subject to effective competition. Effective competition means that the company's customers have reasonably available alternatives and that the company does not have a significant captive customer base. In determining whether a company is competitive, factors the commission shall consider include but are not limited to:

             (a) The number and sizes of alternative providers of service;

             (b) The extent to which services are available from alternative providers in the relevant market;

             (c) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive rates, terms, and conditions; and

             (d) Other indicators of market power which may include market share, growth in market share, ease of entry, and the affiliation of providers of services.

             The commission shall conduct the initial classification and any subsequent review of the classification in accordance with such procedures as the commission may establish by rule.

             (2) Competitive telecommunications companies shall be subject to minimal regulation. Minimal regulation means that competitive telecommunications companies may file, instead of tariffs, price lists ((which)) that shall be effective after ten days' notice to the commission and customers. The commission shall prescribe the form of notice. The commission may also waive other regulatory requirements under this title for competitive telecommunications companies when it determines that competition will serve the same purposes as public interest regulation. The commission may waive different regulatory requirements for different companies if such different treatment is in the public interest. A competitive telecommunications company shall at a minimum:

             (a) Keep its accounts according to regulations as determined by the commission;

             (b) File financial reports with the commission as required by the commission and in a form and at times prescribed by the commission;

             (c) Keep on file at the commission such current price lists and service standards as the commission may require; and

             (d) Cooperate with commission investigations of customer complaints.

             (3) When a telecommunications company has demonstrated that the equal access requirements ordered by the federal district court in the case of U.S. v. AT&T, 552 F. Supp. 131 (1982), or in supplemental orders, have been met, the commission shall review the classification of telecommunications companies providing inter-LATA interexchange services. At that time, the commission shall classify all such companies as competitive telecommunications companies unless it finds that effective competition, as defined in subsection (1) of this section, does not then exist.

             (4) The commission may revoke any waivers it grants and may reclassify any competitive telecommunications company if ((such)) the revocation or reclassification would protect the public interest.

             (5) The commission may waive the requirements of RCW 80.36.170 and 80.36.180 in whole or in part for a competitive telecommunications company if it finds that competition will serve the same purpose and protect the public interest.


             Sec. 6. RCW 80.36.330 and 1989 c 101 s 16 are each amended to read as follows:

             (1) The commission may classify a telecommunications service provided by a telecommunications company as a competitive telecommunications service if ((it finds, after notice and hearing, that)) the service is subject to effective competition. Effective competition means that customers of the service have reasonably available alternatives and that the service is not provided to a significant captive customer base. In determining whether a service is competitive, factors the commission shall consider include but are not limited to:

             (a) The number and size of alternative providers of services;

             (b) The extent to which services are available from alternative providers in the relevant market;

             (c) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive rates, terms, and conditions; and

             (d) Other indicators of market power, which may include market share, growth in market share, ease of entry, and the affiliation of providers of services.

             (2) When the commission finds that a telecommunications company has demonstrated that a telecommunications service is competitive, the commission may permit the service to be provided under a price list effective on ten days notice to the commission and customers. The commission shall prescribe the form of notice. The commission may adopt procedural rules necessary to implement this section.

             (3) Prices or rates charged for competitive telecommunications services shall cover their cost. The commission shall determine proper cost standards to implement this section, provided that in making any assignment of costs or allocating any revenue requirement, the commission shall act to preserve affordable universal telecommunications service.

             (4) The commission may investigate prices for competitive telecommunications services upon complaint. In any complaint proceeding initiated by the commission, the telecommunications company providing the service shall bear the burden of proving that the prices charged cover cost, and are fair, just, and reasonable.

             (5) Telecommunications companies shall provide the commission with all data it deems necessary to implement this section.

             (6) No losses incurred by a telecommunications company in the provision of competitive services may be recovered through rates for noncompetitive services. The commission may order refunds or credits to any class of subscribers to a noncompetitive telecommunications service which has paid excessive rates because of below cost pricing of competitive telecommunications services.

             (7) The commission may reclassify any competitive telecommunications service if reclassification would protect the public interest.

             (8) The commission may waive the requirements of RCW 80.36.170 and 80.36.180 in whole or in part for a service classified as competitive if it finds that competition will serve the same purpose and protect the public interest.


             NEW SECTION. Sec. 7. Sections 1 through 3 of this act are each added to chapter 80.36 RCW.


             NEW SECTION. Sec. 8. 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."


             Correct the title.

 

Signed by Representatives Crouse, Chairman; DeBolt, Vice Chairman; Mastin, Vice Chairman; Bush; Cooper; Delvin; Honeyford; Kessler; Mielke and B. Thomas.

 

MINORITY recommendation: Do not pass. Signed by Representatives Poulsen, Ranking Minority Member; Morris, Assistant Ranking Minority Member; and Kastama.


             Voting Yea: Representatives Crouse, Bush, Cooper, Honeyford, Kessler, Mielke, Mulliken and B. Thomas.

             Voting Nay: Representatives Poulsen, Morris and Kastama.

             Excused: Representatives DeBolt and Mastin.


             Passed to Rules Committee for second reading.


February 26, 1998

ESB 6628         Prime Sponsor, Senator Benton: Clarifying transportation planning. Reported by Committee on Transportation Policy & Budget

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 47.06.040 and 1994 c 258 s 5 are each amended to read as follows:

             The department shall develop a state-wide multimodal transportation plan under RCW 47.01.071(3) and in conformance with federal requirements, to ensure the continued mobility of people and goods within regions and across the state in a safe, cost-effective manner. The state-wide multimodal transportation plan shall consist of:

             (1) A state-owned facilities component, which shall guide state investment for state highways including bicycle and pedestrian facilities, and state ferries; and

             (2) A state-interest component, which shall define the state interest in aviation, marine ports and navigation, freight rail, intercity passenger rail, bicycle transportation and pedestrian walkways, and public transportation, and recommend actions in coordination with appropriate public and private transportation providers to ensure that the state interest in these transportation modes is met.

             The plans developed under each component must be consistent with the state transportation policy plan and with each other, reflect public involvement, be consistent with regional transportation planning, high-capacity transportation planning, and local comprehensive plans prepared under chapter 36.70A RCW, and include analysis of intermodal connections and choices. A primary emphasis for these plans shall be the relief of congestion, the preservation of existing investments, the improvement of traveler safety, the efficient movement of freight and goods, and the improvement and integration of all transportation modes to create a seamless intermodal transportation system for people and goods.

             In the development of the state-wide multimodal transportation plan, the department shall identify and document potential affected environmental resources, including, but not limited to, wetlands, storm water runoff, flooding, air quality, fish passage, and wildlife habitat. The department shall conduct its environmental identification and documentation in coordination with all relevant environmental regulatory authorities, including, but not limited to, local governments. The department shall give the relevant environmental regulatory authorities an opportunity to review the department's environmental plans. The relevant environmental regulatory authorities shall provide comments on the department's environmental plans in a timely manner. Environmental identification and documentation as provided for in RCW 47.01.300 and this section is not intended to create a private right of action or require an environmental impact statement as provided in chapter 43.21C RCW.


             Sec. 2. RCW 47.06.050 and 1993 c 446 s 5 are each amended to read as follows:

             The state-owned facilities component of the state-wide transportation plan shall identify the most cost-effective combination of highway, ferry, passenger rail, and high-capacity transportation improvements that maximizes the efficient movement of people, freight, and goods within state transportation corridors and will consist of:

             (1) The state highway system plan, which identifies program and financing needs and recommends specific and financially realistic improvements to preserve the structural integrity of the state highway system, ensure acceptable operating conditions, and provide for enhanced access to scenic, recreational, and cultural resources. The state highway system plan shall contain the following elements:

             (a) A system preservation element, which shall establish structural preservation objectives for the state highway system including bridges, identify current and future structural deficiencies based upon analysis of current conditions and projected future deterioration, and recommend program funding levels and specific actions necessary to preserve the structural integrity of the state highway system consistent with adopted objectives. This element shall serve as the basis for the preservation component of the six-year highway program and the two-year biennial budget request to the legislature;

             (b) A capacity and operational improvement element, which shall establish operational objectives, including safety considerations, for moving people and goods on the state highway system, identify current and future capacity, operational, and safety deficiencies, and recommend program funding levels and specific improvements and strategies necessary to achieve the operational objectives. In developing capacity and operational improvement plans the department shall first assess strategies to enhance the operational efficiency of the existing system before recommending system expansion. Congestion relief must be a primary emphasis of the capacity and operational improvement element. Strategies to enhance the operational efficiencies include but are not limited to access management, transportation system management, demand management, and high-occupancy vehicle facilities. The capacity and operational improvement element must conform to the state implementation plan for air quality and be consistent with regional transportation plans adopted under chapter 47.80 RCW, and shall serve as the basis for the capacity and operational improvement portions of the six-year highway program and the two-year biennial budget request to the legislature;

             (c) A scenic and recreational highways element, which shall identify and recommend designation of scenic and recreational highways, provide for enhanced access to scenic, recreational, and cultural resources associated with designated routes, and recommend a variety of management strategies to protect, preserve, and enhance these resources. The department, affected counties, cities, and towns, regional transportation planning organizations, and other state or federal agencies shall jointly develop this element;

             (d) A paths and trails element, which shall identify the needs of nonmotorized transportation modes on the state transportation systems and provide the basis for the investment of state transportation funds in paths and trails, including funding provided under chapter 47.30 RCW.

             (2) The state ferry system plan, which shall guide capital and operating investments in the state ferry system. The plan shall establish service objectives for state ferry routes, forecast travel demand for the various markets served in the system, and develop strategies for ferry system investment that consider regional and state-wide vehicle and passenger needs, support local land use plans, and assure that ferry services are fully integrated with other transportation services. The plan shall assess the role of private ferries operating under the authority of the utilities and transportation commission and shall coordinate ferry system capital and operational plans with these private operations. The ferry system plan must be consistent with the regional transportation plans for areas served by the state ferry system, and shall be developed in conjunction with the ferry advisory committees.


             Sec. 3. RCW 47.06.090 and 1993 c 446 s 9 are each amended to read as follows:

             The state-interest component of the state-wide multimodal transportation plan shall include an intercity passenger rail plan, which shall analyze existing intercity passenger rail service and recommend improvements to that service under the state passenger rail service program including depot improvements, potential service extensions, and ways to achieve higher train speeds. The plan must include:

             (1) A service preservation element that outlines the trackage, depots, and train investments needed to maintain established service levels; and

             (2) A service improvement element that establishes service improvement objectives and outlines the trackage, depot, and train investments needed to meet improvement service objectives.


             Sec. 4. RCW 81.75.030 and 1977 ex.s. c 217 s 3 are each amended to read as follows:

             (1) To the extent feasible, the services available to the public at any transportation center may include taxi, auto rental, passenger trains, motor buses, ((travel agents,)) restrooms, food, ((telegraph,)) baggage handling, transfer and delivery of light freight and packages, commercial airlines, air charter, place of temporary rest for citizens and travelers (but not overnight), mail, private auto parking for users of public transportation through the transportation center, local transit, limousine, ((and any other use necessary to the foregoing)) limited retail services, professional services, limited banking services, day care services, and any other use necessary and convenient for the users of the public transportation system operating at the transportation center.

             (2) Any city, town, county, public transportation benefit area authority, or municipal corporation, which elects to operate a transportation center shall operate the center for the general public good. The operator may establish the terms of usage for the various modes of transportation and for others that utilize its facilities, may make reasonable rules concerning public and private use, and may exclude all persons therefrom who refuse to comply with the terms or rules of use. The operator may own, operate, maintain, and manage a transportation center, but shall not engage in providing a transportation or other related service at the center unless otherwise authorized by law."


             Correct the title.

 

Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Buck; Constantine; DeBolt; Gardner; Hatfield; Johnson; McCune; Murray; O'Brien; Ogden; Radcliff; Robertson; Romero; Scott; Skinner; Sterk; Wood and Zellinsky.


             Voting Yea: Representatives K. Schmidt, Fisher, Hankins, Mielke, Mitchell, Backlund, Buck, Constantine, Cooper, DeBolt, Gardner, Hatfield, Johnson, McCune, Murray, O'Brien, Ogden, Radcliff, Robertson, Romero, Scott, Skinner, Sterk, Wood and Zellinsky.

             Excused: Representatives Cairnes and Chandler.


             Passed to Rules Committee for second reading.


February 25, 1998

SB 6635            Prime Sponsor, Senator Sellar: Administering the deferred compensation plan. Reported by Committee on Government Administration

 

MAJORITY recommendation: Do pass. Signed by Representatives D. Schmidt, Chairman; D. Sommers, Vice Chairman; Scott, Ranking Minority Member; Gardner, Assistant Ranking Minority Member; Doumit; Dunn; Dunshee; Murray; Reams; Smith; L. Thomas; Wensman and Wolfe.


             Voting Yea: Representatives D. Schmidt, D. Sommers, Scott, Doumit, Dunn, Dunshee, Murray, Reams, Smith, L. Thomas, Wensman and Wolfe.

             Excused: Representative Gardner.


             Referred to Committee on Appropriations.


February 26, 1998

ESSB 6648       Prime Sponsor, Senate Committee on Commerce & Labor: Permitting licensing retail alcoholic beverages in which no manufacturers, importers, or wholesalers have an interest. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Chairman; Honeyford, Vice Chairman; Conway, Ranking Minority Member; Wood, Assistant Ranking Minority Member; Boldt; Clements; Hatfield and Lisk.


             Voting Yea: Representatives McMorris, Honeyford, Conway, Wood, Boldt, Clements, Hatfield and Lisk.

             Excused: Representative Cole.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6655          Prime Sponsor, Senate Committee on Higher Education: Changing the Spokane intercollegiate research and technology institute. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. It is the intent of the legislature to provide the necessary access to quality upper division and graduate higher education opportunities for the citizens of Spokane. The legislature intends that the Spokane branch campus of Washington State University, offering upper-division and graduate programs, be located at the Riverpoint Higher Education Park and that Washington State University be the administrative and fiscal agent for the Riverpoint Higher Education Park. In addition, those programs offered by Eastern Washington University that meet the rules and guidelines established by the higher education coordinating board's program approval process may serve students at the Riverpoint Higher Education Park. The legislature intends to streamline the program planning and approval process in Spokane by eliminating the joint center for higher education; thereby treating the Spokane higher education community like other public higher education communities in Washington that receive program approval from the higher education coordinating board. However, the legislature encourages partnerships, collaboration, and avoidance of program duplication through regular communication among the presidents of Spokane's public and private institutions of higher education. The legislature further intends that the residential mission of Eastern Washington University in Cheney be strengthened and that Eastern Washington University focus on the excellence of its primary campus in Cheney.

             In addition, the legislature finds that the Spokane intercollegiate research and technology institute is a vital and necessary element in the academic and economic future of eastern Washington. The legislature also finds that it is in the interest of the state of Washington to support and promote applied research and technology in areas of the state that, because of geographic or historic circumstances, have not developed fully balanced economies. It is the intent of the legislature that institutions of higher education and the department of community, trade, and economic development work cooperatively with the private sector in the development and implementation of a technology transfer and integration program to promote the economic development and enhance the quality of life in eastern Washington.


             NEW SECTION. Sec. 2. (1) The higher education coordinating board shall manage an assessment that determines the current higher education resources of the greater Spokane area and the current and future capital and programmatic higher education needs of the Spokane area, including the balance among anticipated, unmet, and fully met higher education needs. This assessment shall be coordinated with an economic analysis of the greater Spokane area.

             (2) The higher education coordinating board, in coordination with the office of financial management, the employment security department, and the department of community, trade, and economic development, shall oversee the administration of an economic assessment of the greater Spokane area. This assessment shall reference previous economic studies of the greater Spokane area and include:

             (a) Input from Spokane area civic leaders as well as the higher education and business communities;

             (b) An evaluation of the current economic situation in the greater Spokane area and potential sectors and subsectors for significant job expansion;

             (c) An analysis of the possible transformation of the economic base toward high technology and opportunities for industries producing higher wages; and

             (d) An evaluation of the basic and applied research resources and needs of the present and future economy of the area.

             (3) The assessments in subsections (1) and (2) of this section shall be completed by July 1, 1998, and a final report submitted to the higher education and fiscal committees of the legislature by October 1, 1998.

             (4) By December 1, 1998, based on the findings of the assessments in subsections (1) and (2) of this section, the higher education coordinating board shall evaluate and develop a plan for the disposition of the Eastern Washington University Spokane Center Building.

             (5)(a) By December 1, 1998, based on the findings of the assessments in subsections (1) and (2) of this section, Washington State University shall develop and deliver to the higher education coordinating board for approval a plan for the management of the Riverpoint Higher Education Park, excluding the land and the Spokane Intercollegiate Research and Technology Institute, that includes:

             (i) Capital facilities maintenance and development;

             (ii) Coordination of upper-division course offerings; and

             (iii) The coordination of graduate programs in Spokane.

             (b) In developing the plan in (a) of this subsection, Washington State University shall:

             (i) Assume that Eastern Washington University students enrolled in Eastern Washington University courses will pay Eastern Washington University tuition rates; and

             (ii) Emphasize and implement a maximum level of collaboration and partnerships by Eastern Washington University, Washington State University, and private institutions of higher education at the Riverpoint Higher Education Park.

             (c) Washington State University shall submit a preliminary higher education services plan for the Riverpoint Higher Education Park to the higher education coordinating board by September 1, 1998, and a final plan to the higher education coordinating board and the office of financial management by October 15, 1998. The plan shall incorporate, but not be limited to:

             (i) Relocation of all Spokane-based upper-division and graduate course offerings and academic programs offered by public universities in the city of Spokane to the Riverpoint Higher Education Park, using existing and planned structures at the Riverpoint Higher Education Park, except that the nursing courses and programs located in the intercollegiate center for nursing education facility shall remain at that location; and

             (ii) A plan to establish an intercollegiate health sciences consortium that would be modeled on the intercollegiate center for nursing education. The intercollegiate health sciences consortium shall include, but not be limited to, programs offered through the intercollegiate center for nursing education and public and private institutions of higher education. Programs offered by Eastern Washington University in physical therapy, communication disorders, nursing, and dental hygiene shall continue to be offered by Eastern Washington University in Spokane.

             (6) Washington State University, in consultation with the higher education coordinating board, shall write a new mission statement and operations plan for its Spokane branch campus. The draft mission statement and plan shall be submitted to the higher education coordinating board by September 1, 1998, and a final mission statement and plan shall be submitted to the higher education coordinating board for approval by October 15, 1998. The academic mission and plan shall include, but not be limited to the following elements:

             (a) Identifying those academic centers of excellence on which Washington State University Spokane branch campus should focus, build, and expand in order to enhance its upper-division and graduate enrollment;

             (b) Reflecting that programs in physical therapy, communications disorders, nursing, and dental hygiene continue to be offered through Eastern Washington University in Spokane;

             (c) Including a requirement that Washington State University identify and report to the higher education coordinating board programs that should be offered in Spokane because of documented demand, unique partnerships, demonstrated efficiency, and other considerations. The draft of the report shall be submitted to the higher education coordinating board by September 1, 1998, and the final report shall be submitted to the higher education coordinating board by October 15, 1998;

             (d) Ensuring that undergraduate programs that are offered at Washington State University Spokane branch campus do not duplicate undergraduate programs offered by Eastern Washington University at Cheney;

             (e) Describing and targeting Washington State University Spokane branch campus's primary student audience;

             (f) Ensuring that Washington State University Spokane branch campus's admission standards complement the primary student audience;

             (g) Describing circumstances under which it is appropriate for Washington State University Spokane branch campus programs to serve nonprimary students;

             (h) Establishing projected enrollment levels for Washington State University Spokane branch campus that reflect the needs of a upper-division and graduate level branch campus and that account for the demographic qualities and growth patterns associated with the areas from which the branch campus draws its students;

             (i) Describing how Washington State University Spokane branch campus's enrollment levels will be consistent with state enrollment levels;

             (j) Developing financial projections for serving these projected enrollment levels; and

             (k) Analyzing and reviewing all capital and capacity information regarding the Washington State University Spokane branch campus, with particular attention to the current state of the existing physical plant and to the realistic enrollment capacity of the campus.

             (7) Eastern Washington University, in consultation with the higher education coordinating board, shall write a new mission statement and operations plan for Eastern Washington University as a comprehensive, Cheney-based public institution of higher education. The draft mission statement and plan shall be submitted to the higher education coordinating board by September 1, 1998, and a final mission statement and plan shall be submitted to the higher education coordinating board for approval by October 15, 1998. The academic mission and plan shall include, but not be limited to the following elements:

             (a) Identifying those academic centers of excellence on which Eastern Washington University should focus, build, and expand in order to enhance its enrollment and reaffirm its reputation for academic excellence;

             (b) Reflecting that programs in physical therapy, communications disorders, nursing, and dental hygiene continue to be offered through Eastern Washington University in Spokane;

             (c) Including a requirement that Eastern Washington University identify and report to the higher education coordinating board program offerings in Spokane that should be returned to the Cheney campus, discontinued, or continued to be offered in Spokane because of documented demand, unique partnerships, demonstrated efficiency, and other considerations. The draft of the report shall be submitted to the higher education coordinating board by September 1, 1998, and the final report shall be submitted to the higher education coordinating board by October 15, 1998;

             (d) Ensuring that every effort is made to protect the academic interests of and minimize adverse impacts on Eastern Washington University students;

             (e) Describing and targeting Eastern Washington University's primary student audience;

             (f) Ensuring that Eastern Washington University's admission standards complement the primary student audience;

             (g) Describing circumstances under which it is appropriate for Eastern Washington University programs to serve nonprimary students;

             (h) Establishing projected enrollment levels for Eastern Washington University that reflect the needs of a comprehensive university and that account for the demographic qualities and growth patterns associated with the areas from which Eastern Washington University draws its students;

             (i) Describing how Eastern Washington University's enrollment levels will be consistent with state enrollment levels;

             (j) Developing financial projections for serving these reconfigured enrollment levels; and

             (k) Analyzing and reviewing all capital and capacity information regarding the Eastern Washington University Cheney campus, with particular attention to the current state of the existing physical plant and to the realistic enrollment capacity of the campus.

             (8) By December 1, 1998, the higher education coordinating board shall evaluate the mission statements and operations plans required in this section and submit a report to the higher education and fiscal committees of the legislature.


             NEW SECTION. Sec. 3. (1) On July 1, 1998, title to or all interest in real estate and other assets, including but not limited to assignable contracts, cash, equipment, buildings, facilities, and appurtenances related to Riverpoint park, except for the area of real property defined as the approximate two and one-half acres bounded by the Spokane river, Trent Avenue, and Riverpoint Boulevard that is reserved for the Spokane intercollegiate research and technology institute and its expansion, shall be transferred from the joint center for higher education to Washington State University.

             (2) All interest in real estate and other assets, including but not limited to assignable contracts, cash, equipment, buildings, facilities, and appurtenances related to the Spokane intercollegiate research and technology institute held as of July 1, 1998, shall vest in the Spokane intercollegiate institute of technology. The area of the real property related to the Spokane intercollegiate institute of technology is defined as the approximate two and one-half acres bounded by the Spokane river, Trent Avenue, and Riverpoint Boulevard.


             NEW SECTION. Sec. 4. A new section is added to chapter 28B.35 RCW to read as follows:

             Housing or a housing allowance may only be provided for the president of a public four-year institution of higher education who resides in the location where the institution is designated under RCW 28B.20.010, 28B.30.010, 28B.35.010, and 28B.40.010.


             Sec. 5. RCW 28B.10.029 and 1996 c 110 s 5 are each amended to read as follows:

             (1) An institution of higher education may exercise independently those powers otherwise granted to the director of general administration in chapter 43.19 RCW in connection with the purchase and disposition of all material, supplies, services, and equipment needed for the support, maintenance, and use of the respective institution of higher education. Property disposition policies followed by institutions of higher education shall be consistent with policies followed by the department of general administration. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapters 39.19, 39.29, and 43.03 RCW, and RCW 43.19.1901, 43.19.1906, 43.19.1911, 43.19.1917, 43.19.1937, 43.19.534, 43.19.685, 43.19.700 through 43.19.704, and 43.19.550 through 43.19.637. The community and technical colleges shall comply with RCW 43.19.450. Except for the University of Washington, institutions of higher education shall comply with RCW 43.19.1935, 43.19.19363, and 43.19.19368. If an institution of higher education can satisfactorily demonstrate to the director of the office of financial management that the cost of compliance is greater than the value of benefits from any of the following statutes, then it shall be exempt from them: RCW 43.19.685; 43.19.534; and 43.19.637. Any institution of higher education that chooses to exercise independent purchasing authority for a commodity or group of commodities shall notify the director of general administration. Thereafter the director of general administration shall not be required to provide those services for that institution for the duration of the general administration contract term for that commodity or group of commodities.

             (2) An institution of higher education may exercise independently those powers otherwise granted to the public printer in chapter 43.78 RCW in connection with the production or purchase of any printing and binding needed by the respective institution of higher education. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapter 39.19 RCW. Any institution of higher education that chooses to exercise independent printing production or purchasing authority shall notify the public printer. Thereafter the public printer shall not be required to provide those services for that institution.

             (((3) For the purposes of this section, an "institution of higher education" shall include the joint center for higher education created in chapter 28B.25 RCW when the joint center for higher education is contracting with another institution of higher education that is acting as the sole agent for purchasing and disposing of material, supplies, services, and equipment, and for procuring printing or binding services.))


             Sec. 6. RCW 28B.45.050 and 1991 c 205 s 11 are each amended to read as follows:

             Washington State University ((and Eastern Washington University are)) is responsible for ((providing)) ensuring the expansion of upper-division and graduate level higher education programs to the citizens of ((the)) Spokane ((area)), under rules or guidelines adopted by the ((joint center for higher education. However, before any degree is authorized under this section it shall be subject to the review and approval of the)) higher education coordinating board. The rules adopted by the higher education coordinating board shall: (1) Avoid program duplication; and (2) encourage collaboration between Washington State University and Eastern Washington University on the delivery of graduate level programs in Spokane. Washington State University shall meet ((its)) that responsibility through the operation of a branch campus in ((the)) Spokane ((area. Eastern Washington University shall meet its responsibility through the operation of programs and facilities in Spokane)).


             Sec. 7. RCW 28B.130.020 and 1997 c 273 s 2 are each amended to read as follows:

             (1) The governing board of an institution of higher education as defined in RCW 28B.10.016 may impose either a voluntary or a mandatory transportation fee on employees and on students at the institution. The board of ((the joint center for higher education under chapter 28B.25 RCW)) regents of Washington State University may impose either a voluntary or a mandatory transportation fee on faculty and staff working at the Riverpoint higher education park and on students attending classes there. The transportation fee shall be used solely to fund transportation demand management programs that reduce the demand for campus and neighborhood parking, and promote alternatives to single-occupant vehicle driving. If the board charges a mandatory transportation fee to students, it shall charge a mandatory transportation fee to employees. The transportation fee for employees may exceed, but shall not be lower than the transportation fee charged to students. The transportation fee for employees may be deducted from the employees' paychecks. The transportation fee for students may be imposed annually, or each academic term. For students attending community colleges and technical colleges, the mandatory transportation fee shall not exceed sixty percent of the maximum rate permitted for services and activities fees at community colleges, unless, through a vote, a majority of students consent to increase the transportation fee. For students attending four-year institutions of higher education or classes at the Riverpoint higher education park, the mandatory transportation fee shall not exceed thirty-five percent of the maximum rate permitted for services and activities fees at the institution where the student is enrolled unless, through a vote, a majority of students consents to increase the transportation fee. The board may make a limited number of exceptions to the fee based on a policy adopted by the board.

             (2) The board of ((the joint center for higher education under chapter 28B.25 RCW)) regents of Washington State University shall not impose a transportation fee on any student who is already paying a transportation fee to the institution of higher education in which the student is enrolled.


             Sec. 8. RCW 43.01.236 and 1997 c 273 s 3 are each amended to read as follows:

             All institutions of higher education as defined under RCW 28B.10.016 ((and the joint center for higher education under chapter 28B.25 RCW)) are exempt from the requirements under RCW 43.01.240.


             NEW SECTION. Sec. 9. SPOKANE INTERCOLLEGIATE RESEARCH AND TECHNOLOGY INSTITUTE. (1) The Spokane intercollegiate research and technology institute is created.

             (2) The institute shall be operated and administered as a multi-institutional education and research center, housing appropriate programs conducted in Spokane under the authority of institutions of higher education as defined in RCW 28B.10.016. Washington independent and private institutions of higher education may participate as full partners in any academic and research activities of the institute.

             (3) The institute shall house education and research programs specifically designed to meet the needs of eastern Washington.

             (4) The establishment of any education program at the institute and the lease, purchase, or construction of any site or facility for the institute is subject to the approval of the higher education coordinating board under RCW 28B.80.340.

             (5) The institute shall be headquartered in Spokane.

             (6) The mission of the institute is to perform and commercialize research that benefits the intermediate and long-term economic vitality of eastern Washington and to develop and strengthen university-industry relationships through the conduct of research that is primarily of interest to eastern Washington-based companies or state economic development programs. The institute shall:

             (a) Perform and facilitate research supportive of state science and technology objectives, particularly as they relate to eastern Washington industries;

             (b) Provide leading edge collaborative research and technology transfer opportunities primarily to eastern Washington industries;

             (c) Provide substantial opportunities for training undergraduate and graduate students through direct involvement in research and industry interactions;

             (d) Emphasize and develop nonstate support of the institute's research activities; and

             (e) Provide a forum for effective interaction between the state's technology-based industries and its academic institutions through promotion of faculty collaboration with industry, particularly within eastern Washington.


             NEW SECTION. Sec. 10. ADMINISTRATION--BOARD OF DIRECTORS. (1) The institute shall be administered by the board of directors.

             (2) The board shall consist of the following members:

             (a) Nine members of the general public. Of the general public membership, at least six shall be individuals who are associated with or employed by technology-based or manufacturing-based industries and have broad business experience and an understanding of high technology;

             (b) The executive director of the Washington technology center or the director's designee;

             (c) The provost of Washington State University or the provost's designee;

             (d) The provost of Eastern Washington University or the provost's designee;

             (e) The provost of Central Washington University or the provost's designee;

             (f) The provost of the University of Washington or the provost's designee;

             (g) An academic representative from the Spokane community colleges;

             (h) One member from Gonzaga University; and

             (i) One member from Whitworth College.

             (3) The term of office for each board member, excluding the executive director of the Washington technology center, the provosts of Washington State University, Eastern Washington University, Central Washington University, and the University of Washington, shall be three years. The executive director of the institute shall be an ex officio, nonvoting member of the board. Board members shall be appointed by the governor. Initial appointments shall be for staggered terms to ensure the long-term continuity of the board. The board shall meet at least quarterly.

             (4) The duties of the board include:

             (a) Developing the general operating policies for the institute;

             (b) Appointing the executive director of the institute;

             (c) Approving the annual operating budget of the institute;

             (d) Establishing priorities for the selection and funding of research projects that guarantee the greatest potential return on the state's investment;

             (e) Approving and allocating funding for research projects conducted by the institute;

             (f) In cooperation with the department of community, trade, and economic development, developing a biennial work plan and five-year strategic plan for the institute that are consistent with the state-wide technology development and commercialization goals;

             (g) Coordinating with public, independent, and private institutions of higher education, and other participating institutions of higher education in the development of training, research, and development programs to be conducted at the institute that are targeted to meet industrial needs;

             (h) Assisting the department of community, trade, and economic development in the department's efforts to develop state science and technology public policies and coordinate publicly funded programs;

             (i) Reviewing annual progress reports on funded research projects;

             (j) Providing an annual report to the governor and the legislature detailing the activities and performance of the institute; and

             (k) Submitting annually to the department of community, trade, and economic development an updated strategic plan and a statement of performance measured against the mission, roles, and contractual obligations of the institute.

             (5) The board may enter into contracts to fulfill its responsibilities and purposes under this chapter.


             NEW SECTION. Sec. 11. SUPPORT FROM PARTICIPATING INSTITUTIONS. Staff support for programs will be provided from among the cooperating institutions through cooperative agreements. Cooperating institutions are Washington State University as the senior research partner, Eastern Washington University, Central Washington University, the University of Washington, Gonzaga University, Whitworth College, and other participating institutions of higher education.


             NEW SECTION. Sec. 12. OPERATING STAFF. The director of the Spokane intercollegiate research and technology institute may hire staff as necessary to operate the institution. The director may enter into cooperative agreements for programs and research with public and private organizations including state and nonstate funding agencies consistent with policies of the Spokane intercollegiate research and technology institute.


             NEW SECTION. Sec. 13. ROLE OF DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT. The department of community, trade, and economic development shall contract with the institute for the expenditure of state-appropriated funds for the operation of the institute. The department of community, trade, and economic development shall provide guidance to the institute regarding expenditure of state-appropriated funds and the development of the institute's strategic plan. The director of the department of community, trade, and economic development shall not withhold funds appropriated for the institute if the institute complies with the provisions of its contract with the department of community, trade, and economic development. The department is responsible to the legislature for the contractual performance of the institute.


             NEW SECTION. Sec. 14. AVAILABILITY OF FACILITIES TO OTHER INSTITUTIONS. The facilities of the institute shall be made available to other institutions of higher education within the state when this would benefit specific program needs.


             NEW SECTION. Sec. 15. AUTHORITY TO RECEIVE AND EXPEND FEDERAL FUNDS. The board may receive and expend federal funds and any private gifts or grants to further the purpose of the institute. The funds are to be expended in accordance with federal and state law and any conditions contingent in the grant of those funds.


             NEW SECTION. Sec. 16. CAPTIONS NOT LAW. Captions used in this chapter are not any part of the law.


             NEW SECTION. Sec. 17. The following acts or parts of acts are each repealed:

                                       (1)        RCW 28B.25.010 and 1991 c 205 s 2 & 1985 c 370 s 97;

                                       (2)        RCW 28B.25.020 and 1996 c 110 s 1, 1991 c 205 s 3, 1989 1st ex.s. c 7 s 11, & 1985 c 370 s 98;

                                       (3)        RCW 28B.25.030 and 1996 c 110 s 2, 1991 c 205 s 4, & 1985 c 370 s 99;

                                       (4)        RCW 28B.25.033 and 1996 c 110 s 6 & 1991 c 205 s 5;

                                       (5)        RCW 28B.15.037 and 1991 c 205 s 6;

                                       (6)        RCW 28B.25.040 and 1991 c 205 s 7 & 1985 c 370 s 100;

                                       (7)        RCW 28B.25.050 and 1991 c 205 s 8 & 1985 c 370 s 101;

                                       (8)        RCW 28B.25.070 and 1991 c 205 s 9;

                                       (9)        RCW 28B.25.075 and 1997 c 273 s 1;

                                       (10)      RCW 28B.25.090 and 1996 c 110 s 3;

                                       (11)      RCW 28B.25.100 and 1996 c 110 s 4;

                                       (12)      RCW 28B.25.900 and 1991 c 205 s 13; and

                                       (13)      RCW 28B.10.060 and 1991 c 205 s 1 & 1989 1st ex.s. c 7 s 10.


             NEW SECTION. Sec. 18. Sections 9 through 16 of this act constitute a new chapter in Title 28B RCW.


             NEW SECTION. Sec. 19. Section 6 of this act takes effect January 1, 1999.


             NEW SECTION. Sec. 20. Section 2 of 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 takes effect immediately."


             Correct the title.

 

Signed by Representatives Carlson, Chairman; Radcliff, Vice Chairman; Dunn; Sheahan and Van Luven.

 

MINORITY recommendation: Do not pass. Signed by Representatives Kenney, Assistant Ranking Minority Member; Butler and O'Brien.


             Voting Yea: Representatives Carlson, Radcliff, Dunn, Sheahan and Van Luven.

             Voting Nay: Representatives Kenney, Butler and O'Brien.

             Excused: Representative Mason.


             Referred to Committee on Appropriations.


February 25, 1998

SSB 6667          Prime Sponsor, Senate Committee on Government Operations: Establishing the Washington gift of life medal. Reported by Committee on Government Administration

 

MAJORITY recommendation: Do pass. Signed by Representatives D. Schmidt, Chairman; D. Sommers, Vice Chairman; Scott, Ranking Minority Member; Gardner, Assistant Ranking Minority Member; Doumit; Dunn; Dunshee; Murray; Reams; Smith; L. Thomas; Wensman and Wolfe.


             Voting Yea: Representatives D. Schmidt, D. Sommers, Scott, Gardner, Doumit, Dunn, Dunshee, Murray, Reams, L. Thomas, Wensman and Wolfe.

             Voting Nay: Representative Smith.


             Passed to Rules Committee for second reading.


February 27, 1998

SSB 6669          Prime Sponsor, Senate Committee on Natural Resources & Park: Allowing a holder of perpetual timber rights to sign a statement of intent not to convert the land to other uses for a period of time. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.


             Voting Yea: Representatives Buck, Sump, Thompson, Regala, Butler, Alexander, Anderson, Chandler, Eickmeyer, Hatfield and Pennington.


             Passed to Rules Committee for second reading.


February 27, 1998

SB 6698            Prime Sponsor, Senator McCaslin: Revising timelines for the salary commission. Reported by Committee on Government Administration

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 43.03.310 and 1995 c 3 s 2 are each amended to read as follows:

             (1) The citizens' commission on salaries for elected officials shall study the relationship of salaries to the duties of members of the legislature, all elected officials of the executive branch of state government, and all judges of the supreme court, court of appeals, superior courts, and district courts, and shall fix the salary for each respective position.

             (2) Except as provided otherwise in RCW 43.03.305 and this section, the commission shall be solely responsible for its own organization, operation, and action and shall enjoy the fullest cooperation of all state officials, departments, and agencies.

             (3) Members of the commission shall receive no compensation for their services, but shall be eligible to receive a subsistence allowance and travel expenses pursuant to RCW 43.03.050 and 43.03.060.

             (4) The members of the commission shall elect a chair from among their number. The commission shall set a schedule of salaries by an affirmative vote of not less than nine members of the commission.

             (5) The commission shall file its initial schedule of salaries for the elected officials with the secretary of state no later than the first Monday in June, 1987, and shall file a schedule biennially thereafter. Each such schedule shall be filed in legislative bill form, shall be assigned a chapter number and published with the session laws of the legislature, and shall be codified by the statute law committee. The signature of the chair of the commission shall be affixed to each schedule submitted to the secretary of state. The chair shall certify that the schedule has been adopted in accordance with the provisions of state law and with the rules, if any, of the commission. Such schedules shall become effective ninety days after the filing thereof, except as provided in Article XXVIII, section 1 of the state Constitution. State laws regarding referendum petitions shall apply to such schedules to the extent consistent with Article XXVIII, section 1 of the state Constitution.

             (6) ((Prior to)) Before the filing of any salary schedule, the commission shall first develop a proposed salary schedule and then hold no fewer than four ((public hearings thereon)) regular meetings as defined by chapter 42.30 RCW to take public testimony on the proposed schedule within the four months immediately preceding the filing. At the last public hearing that is held as a regular meeting on the proposed schedule, the commission shall adopt the salary schedule as originally proposed or as amended at that meeting that will be filed with the secretary of state.

             (7) All meetings, actions, hearings, and business of the commission shall be subject in full to the open public meetings act, chapter 42.30 RCW.

             (8) Salaries of the officials referred to in subsection (1) of this section that are in effect on January 12, 1987, shall continue until modified by the commission under this section."

 

Signed by Representatives D. Schmidt, Chairman; D. Sommers, Vice Chairman; Scott, Ranking Minority Member; Gardner, Assistant Ranking Minority Member; Doumit; Dunn; Dunshee; Murray; Reams; Smith; L. Thomas; Wensman and Wolfe.


             Voting Yea: Representatives D. Schmidt, D. Sommers, Scott, Gardner, Doumit, Dunn, Dunshee, Murray, Reams, Smith, L. Thomas, Wensman and Wolfe.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6699            Prime Sponsor, Senator Schow: Limiting the liability of a current or former employer who provides information about a current or former employee's work record to a prospective employer. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Carrell; Lambert; Mulliken; Robertson and Sherstad.

 

MINORITY recommendation: Do not pass. Signed by Representatives Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Cody; Kenney and Lantz.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Carrell, Lambert, Mulliken, Robertson and Sherstad.

             Voting Nay: Representatives Costa, Constantine, Cody, Kenney and Lantz.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6701          Prime Sponsor, Senate Committee on Law & Justice: Clarifying statute of limitations on actions for professional negligence against health care providers. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Carrell; Cody; Lambert; Lantz; Mulliken; Robertson and Sherstad.

 

MINORITY recommendation: Do not pass. Signed by Representatives Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; and Kenney.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Carrell, Cody, Lambert, Lantz, Mulliken and Sherstad.

             Voting Nay: Representatives Costa, Constantine, Kenney and Robertson.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6728            Prime Sponsor, Senator Newhouse: Providing tax exemptions for activities conducted for hop commodity commissions or boards. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass. Signed by Representatives Chandler, Chairman; Parlette, Vice Chairman; Schoesler, Vice Chairman; Linville, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Cooper; Delvin; Koster; Mastin; Regala and Sump.


             Voting Yea: Representatives Chandler, Schoesler, Linville, Anderson, Cooper, Delvin, Koster, Regala and Sump.

             Excused: Representatives Parlette and Mastin.


             Referred to Committee on Finance.


February 26, 1998

SB 6729            Prime Sponsor, Senator Prentice: Financing senior housing. Reported by Committee on Trade & Economic Development

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that the availability of safe and affordable housing is vital to low-income senior citizens and persons with disabilities. The legislature further finds that the availability of low-cost financing is necessary for the development or preservation of housing for seniors and persons with disabilities. The legislature further finds that many existing housing developments for seniors and persons with disabilities are in need of renovation. The legislature further finds that there is a need to explore alternative financing techniques to cover the cost of development or renovation of housing for seniors and persons with disabilities. It is the intent of the legislature to create the task force on financing housing for seniors and persons with disabilities to explore alternative financing techniques for the development and renovation of housing developments in Washington for low-income seniors and persons with disabilities.


             NEW SECTION. Sec. 2. (1) There is created the task force on financing senior housing and housing for persons with disabilities to consist of thirteen members. The task force consists of the following members:

             (a) The director of the department of community, trade, and economic development or the director's designee, who serves as an ex officio member and as chair;

             (b) The executive director of the Washington state housing finance commission or the director's designee, who serves as an ex officio member;

             (c) The secretary of the department of social and health services or the secretary's designee, who serves as an ex officio member;

             (d) Three representatives from organizations involved in the management of senior housing developments, one of which must be from an organization involved in the ownership of senior housing developments;

             (e) Two representatives from financial institutions involved in financing senior housing developments, one of which must be from an investment and banking firm involved in financing federally insured senior housing developments;

             (f) One representative from a mobile home owners association that represents seniors;

             (g) One representative from a mobile home park owners association;

             (h) Two representatives from state-wide organizations that represent persons with disabilities; and

             (i) One representative from a public housing authority.

             (2) The director of the department of community, trade, and economic development shall appoint all nonex officio members to the task force on financing senior housing and housing for persons with disabilities. The vice-chair of the task force is selected by majority vote of the task force members. The members of the task force on financing senior housing and housing for persons with disabilities serve without compensation.

             (3) The department of community, trade, and economic development, the department of social and health services, and the Washington state housing finance commission shall supply such information and assistance as is necessary for the task force on financing senior housing and housing for persons with disabilities to carry out its duties under section 3 of this act.

             (4) The department of community, trade, and economic development, the department of social and health services, and the Washington state housing finance commission shall provide administrative and clerical assistance to the task force on financing senior housing and housing for persons with disabilities.


             NEW SECTION. Sec. 3. The task force on financing senior housing and housing for persons with disabilities shall by December 15, 1998, prepare and submit to the house of representatives committee on trade and economic development and the senate committee on financial institutions, insurance and housing a progress report on the findings and recommendations required under chapter 383, Laws of 1997. The task force may also make additional recommendations on financial and regulatory techniques designed to assist in the construction of new facilities or renovation of existing housing facilities for seniors and persons with disabilities.


             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 takes effect immediately.


             NEW SECTION. Sec. 5. This act expires February 1, 1999."


             Correct the title.

 

Signed by Representatives Van Luven, Chairman; Dunn, Vice Chairman; Veloria, Ranking Minority Member; Eickmeyer, Assistant Ranking Minority Member; Alexander; Ballasiotes; Mason; McDonald and Morris.


             Voting Yea: Representatives Van Luven, Dunn, Veloria, Alexander, Ballasiotes, Eickmeyer, Mason, McDonald and Morris.


             Referred to Rules Committee for second reading.


February 26, 1998

SB 6739            Prime Sponsor, Senator Hargrove: Requiring assessment of the impact on families before adoption of administrative rules and adoption of local government ordinances or resolutions. Reported by Committee on Government Reform & Land Use

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. It is the intent of the legislature to ensure agencies assess the impact of proposed rules on family well-being and to improve the management of executive branch agencies.


             NEW SECTION. Sec. 2. A new section is added to chapter 34.05 RCW to read as follows:

             For purposes of sections 1, 3, 4, and 5 of this act, the term "family" means:

             (1) A group of individuals related by blood, marriage, or adoption who live together as a single household; and

             (2) Any individual who is not a member of such group, but who is related by blood, marriage, or adoption to a member of such group, and over half of whose support in a calendar year is received from such group.


             NEW SECTION. Sec. 3. A new section is added to chapter 34.05 RCW to read as follows:

             Upon request by a member of the legislature, an agency shall prepare an assessment of the impact of a proposed rule on the families of the state of Washington and include the assessment as an attachment to the notice of a proposed rule under RCW 34.05.320. The agency head shall be guided by the policies stated in RCW 74.14A.020 and 74.14A.025 and the criteria in section 4 of this act when preparing the assessment required by this section.


             NEW SECTION. Sec. 4. A new section is added to chapter 34.05 RCW to read as follows:

             An agency preparing an assessment under section 3 of this act shall determine the following:

             (1) Does the proposed rule strengthen or erode the stability of the family and, particularly, the marital commitment;

             (2) Does the proposed rule strengthen or erode the authority and rights of parents in the education, nurture, and supervision of their children;

             (3) Does the proposed rule help the family perform its functions, or substitute governmental activity for the function;

             (4) Does the proposed rule increase or decrease disposable family income;

             (5) Do the proposed benefits of the rule justify the financial impact on the family;

             (6) Would the policy being pursued in the proposed rule be better implemented by local government or by the family; and

             (7) Does the proposed rule establish an implicit or explicit policy concerning the status of the family, the relationship between the behavior and personal responsibility of youth, and the norms of society.


             NEW SECTION. Sec. 5. A new section is added to chapter 34.05 RCW to read as follows:

             If requested by a member of the legislature to assess the impact of a proposed rule on the families of the state of Washington under section 3 of this act, the agency head shall:

             (1) Submit a written certification to the director of financial management that the proposed rule has been assessed in accordance with this act;

             (2) Provide an adequate rationale for implementation of any aspect of the rule that may negatively affect family well-being; and

             (3) Attach a copy of the information described in subsections (1) and (2) of this section to the notice of the proposed rule issued under RCW 34.05.320.


             NEW SECTION. Sec. 6. This act takes effect January 1, 1999."


             Correct the title.

 

Signed by Representatives Reams, Chairman; Sherstad, Vice Chairman; Bush; Mielke; Mulliken and Thompson.

 

MINORITY recommendation: Do not pass. Signed by Representatives Romero, Ranking Minority Member; Lantz, Assistant Ranking Minority Member; Fisher and Gardner.


             Voting Yea: Representatives Reams, Sherstad, Bush, Mielke, Mulliken and Thompson.

             Voting Nay: Representatives Romero, Lantz, Fisher and Gardner.

             Excused: Representative Cairnes.


             Referred to Committee on Appropriations.


February 26, 1998

SSB 6746          Prime Sponsor, Senate Committee on Financial Institutions, Insurance & Housing: Regulating purchasing of insurance services. Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation: Do pass as amended.


             On page 1, line 7, after "trip" strike "interruption service" and insert "cancellation"


             On page 1, line 16, after "key service," insert "reimbursement of emergency expenses due to a vehicle disabling accident,"


             On page 1, line 9, after "program" insert "must have a certificate of authority, issued by the insurance commissioner, authorizing the person, firm, partnership, corporation, or association to sell that coverage in this state, or"

 

Signed by Representatives L. Thomas, Chairman; Smith, Vice Chairman; Zellinsky, Vice Chairman; Wolfe, Ranking Minority Member; Grant, Assistant Ranking Minority Member; Benson; Constantine; DeBolt; Keiser; Sullivan and Wensman.


             Voting Yea: Representatives L. Thomas, Smith, Zellinsky, Wolfe, Grant, Benson, Constantine, DeBolt, Keiser, Sullivan and Wensman.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6751          Prime Sponsor, Senate Committee on Health & Long-Term Care: Ensuring a choice of service and residential options for citizens with developmental disabilities. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 71A.10 RCW to read as follows:

             It is the intent of the legislature to affirm its longtime commitment to secure for eligible persons with developmental disabilities in partnership with their families or legal guardians the opportunity to choose where they live. Consistent with this commitment, the legislature supports the existence of a complete spectrum of options, including community support services and residential habilitation centers.

             The choice of service options must be supported by state policy, whether the choice is residential habilitation centers or community support services. The intent of the legislature is to ensure choice of service options to persons with developmental disabilities allowing, to the maximum extent possible, that they not have to leave their home or community.

             The legislature supports the respective roles that both residential habilitation centers and community support services play in providing options and resources for people with developmental disabilities and their families who need services. The legislature recognizes that services must ensure credibility, responsiveness, and reasonable quality, whether they are state, county, or community funded.


             Sec. 2. RCW 71A.10.020 and 1988 c 176 s 102 are each amended to read as follows:

             As used in this title, the following terms have the meanings indicated unless the context clearly requires otherwise.

             (1) "Community residential support services," or "community support services," and "in-home services" means one or more of the services listed in RCW 71A.12.040.

             (2) "Department" means the department of social and health services.

             (((2))) (3) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to the individual. By January 1, 1989, the department shall promulgate rules which define neurological or other conditions in a way that is not limited to intelligence quotient scores as the sole ((determinate [determinant])) determinant of these conditions, and notify the legislature of this action.

             (((3))) (4) "Eligible person" means a person who has been found by the secretary under RCW 71A.16.040 to be eligible for services.

             (((4))) (5) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and to raise their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy.

             (((5))) (6) "Legal representative" means a parent of a person who is under eighteen years of age, a person's legal guardian, a person's limited guardian when the subject matter is within the scope of the limited guardianship, a person's attorney at law, a person's attorney in fact, or any other person who is authorized by law to act for another person.

             (((6))) (7) "Notice" or "notification" of an action of the secretary means notice in compliance with RCW 71A.10.060.

             (((7))) (8) "Residential habilitation center" means a state-operated facility for persons with developmental disabilities governed by chapter 71A.20 RCW.

             (((8))) (9) "Secretary" means the secretary of social and health services or the secretary's designee.

             (((9))) (10) "Service" or "services" means services provided by state or local government to carry out this title.

             (11) "Vacancy" means an opening at a residential habilitation center, which when filled, would not require the center to exceed its biannually budgeted capacity.


             Sec. 3. RCW 71A.16.010 and 1988 c 176 s 401 are each amended to read as follows:

             (1) It is the intention of the legislature in this chapter to establish a single point of referral for persons with developmental disabilities and their families so that they may have a place of entry and continuing contact for services authorized under this title to persons with developmental disabilities. Eligible persons with developmental disabilities, whether they live in the community or residential habilitation centers, should have the opportunity to choose where they live.

             (2) Until June 30, 2003, and subject to subsection (3) of this section, if there is a vacancy in a residential habilitation center, the department shall offer admittance to the center to any eligible adult, or eligible adolescent on an exceptional case-by-case basis, with developmental disabilities if his or her assessed needs require the funded level of resources that are provided by the center.

             (3) The department shall not offer a person admittance to a residential habilitation center under subsection (2) of this section unless the department also offers the person appropriate community support services listed in RCW 71A.12.040.

             (4) Community support services offered under subsection (3) of this section may only be offered using funds specifically designated for this purpose in the state operating budget. When these funds are exhausted, the department may not offer admittance to a residential habilitation center, or community support services under this section.

             (5) Nothing in this section shall be construed to create an entitlement to state services for persons with developmental disabilities.

             (6) Subsections (2) through (6) of this section expire June 30, 2003.


             Sec. 4. RCW 71A.16.030 and 1988 c 176 s 403 are each amended to read as follows:

             (1) The department will develop an outreach program to ensure that any eligible person with developmental disabilities services in homes, the community, and residential habilitation centers will be made aware of these services. This subsection (1) expires June 30, 2003.

             (2) The secretary shall establish a single procedure for persons to apply for a determination of eligibility for services provided to persons with developmental disabilities.

             (((2))) (3) Until June 30, 2003, the procedure set out under subsection (1) of this section must require that all applicants and all persons with developmental disabilities currently receiving services from the division of developmental disabilities within the department be given notice of the existence and availability of residential habilitation center and community support services. For genuine choice to exist, people must know what the options are. Available options must be clearly explained, with services customized to fit the unique needs and circumstances of developmentally disabled clients and their families. Choice of providers and design of services and supports will be determined by the individual in conjunction with the department. When the person cannot make these choices, the person's legal guardian may make them, consistent with chapter 11.88 or 11.92 RCW. This subsection (3) expires June 30, 2003.

             (4) An application may be submitted by a person with a developmental disability, by the legal representative of a person with a developmental disability, or by any other person who is authorized by rule of the secretary to submit an application.


             NEW SECTION. Sec. 5. A new section is added to chapter 71A.12 RCW to read as follows:

             (1) The legislature recognizes that residential habilitation center and community support services should be available to each eligible person with developmental disabilities in our state within appropriated funds.

             (2) The legislature recognizes that there have been substantially increasing demands for all of these services. Therefore, the legislature believes that any reductions in the capacity of these services could jeopardize a needed balance in the developmental disabilities system. The legislature intends to stabilize the capacity of community support services and residential habilitation center services. The capacity of the residential habilitation centers shall not be reduced below the number of persons budgeted to be served in residential habilitation centers in chapter 149, Laws of 1997, subject to budget direction from the governor or reductions needed to adhere to an agreement with the federal department of justice regarding Fircrest School. The capacity of community support services shall not be reduced below the capacity provided for by the appropriation specified in chapter 149, Laws of 1997, subject to budget direction from the governor. If the direction from the governor requires reductions in the division of developmental disabilities, the budgets of both the residential habilitation centers and community support services shall be given equal consideration.

             (3) If such capacity is not needed for current clients of the department, any vacancies that may occur in community support services or residential habilitation center services shall be used to expand services to eligible persons with developmental disabilities not now receiving services. If a vacancy is created it will be made available to any eligible individual who is seeking and desires the services of a residential habilitation center pursuant to section 3 of this act. If residential habilitation center capacity is not being used for permanent residents, the department shall make any residential habilitation center vacancies available for respite care and any other services needed to care for this population in residential habilitation centers, other than permanent residence.


             NEW SECTION. Sec. 6. A new section is added to chapter 71A.12 RCW to read as follows:

             Any restrictions in staffing ratios that may be needed to implement section 5 of this act within available resources may not result in reductions to direct care staff.


             NEW SECTION. Sec. 7. A new section is added to chapter 71A.20 RCW to read as follows:

             As a means of implementing a choice-oriented system for people with developmental disabilities, staff of residential habilitation centers will continue to increase vocational and community access for current residents. Likewise, specialized residential habilitation services will be more easily accessed by community residents within available funds.


             NEW SECTION. Sec. 8. A new section is added to chapter 71A.12 RCW to read as follows:

             The department shall conduct an analysis whereby it identifies all persons with developmental disabilities who are eligible for services under Title 71A RCW, and whether they are served, unserved, or underserved. The department will gather data on the services and supports required by this population, their families or their guardians, and the cost of providing these services. This analysis will include assessing services such as those at residential habilitation centers, those community support services listed in RCW 71A.12.040, and including, but not limited to, supported employment, family support, post high school transition programs, crisis intervention services, supports for persons who have a developmental disability and also a mental illness, alternative uses for residential habilitation centers, community vocational services, respite care, specialized medical treatment, and appropriate placements for persons with developmental disabilities who are also offenders. The assessment shall be done with the participation of the developmental disabilities stakeholders work group. The assessment will commence no later than July 1, 1998.

             The assessment data will not be used to determine or allocate services for individual people. It will be used by the department, with the participation of the developmental disabilities stakeholder work group, to develop a long-term strategic plan. The plan will include three phases, the first one beginning December 1, 1998; the second beginning December 1, 2000; and the third beginning December 1, 2002. For each phase the department will provide incremental data and assessment of programs, services, and funding for persons with developmental disabilities and their families. For each phase the plan must also include budget and statutory recommendations intended to secure for all persons with developmental disabilities the opportunity to choose where they live, and shall support the existence of a complete spectrum of options including community support services, and residential habilitation centers that are consistent with those needs.


             NEW SECTION. Sec. 9. A new section is added to chapter 71A.12 RCW to read as follows:

             For the purposes of section 8 of this act, the developmental disabilities stakeholder work group is the division of developmental disabilities strategies for the future stakeholder work group established by the secretary in 1997 to develop recommendations on future directions and strategies for service delivery improvement, resulting in an agreement on the directions the department should follow in considering the respective roles of the residential habilitation centers and community support services, including a focus on the resources for people in need of services.


             NEW SECTION. Sec. 10. Sections 1 and 5 through 9 of this act expire June 30, 2003.


             NEW SECTION. Sec. 11. 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 takes effect immediately."


             Correct the title.

 

Signed by Representatives Cooke, Chairman; Boldt, Vice Chairman; Bush, Vice Chairman; Tokuda, Ranking Minority Member; Kastama, Assistant Ranking Minority Member; Ballasiotes; Carrell; Dickerson; Gombosky; McDonald and Wolfe.


             Voting Yea: Representatives Cooke, Boldt, Bush, Tokuda, Kastama, Ballasiotes, Carrell, Dickerson, Gombosky, McDonald and Wolfe.


             Referred to Committee on Appropriations.


February 26, 1998

SJM 8019         Prime Sponsor, Senator Winsley: Requesting federal funds for housing finance. Reported by Committee on Trade & Economic Development

 

MAJORITY recommendation: Do pass. Signed by Representatives Van Luven, Chairman; Dunn, Vice Chairman; Veloria, Ranking Minority Member; Eickmeyer, Assistant Ranking Minority Member; Alexander; Ballasiotes; Mason; McDonald and Morris.


             Voting Yea: Representatives Van Luven, Dunn, Veloria, Alexander, Ballasiotes, Eickmeyer, Mason, McDonald and Morris.


             Passed to Rules Committee for second reading.


February 26, 1998

SJM 8029         Prime Sponsor, Senator McDonald: Regarding a petition to authorize federal block grant funds directly to school districts. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Johnson, Chairman; Hickel, Vice Chairman; Smith; Sterk; Sump and Talcott.

 

MINORITY recommendation: Do not pass. Signed by Representatives Cole, Ranking Minority Member; Keiser, Assistant Ranking Minority Member; Quall and Veloria.


             Voting Yea: Representatives Johnson, Hickel, Cole, Keiser, Linville, Quall, Smith, Sterk, Sump, Talcott and Veloria.

             Voting Nay: Representatives Cole, Keiser, Quall and Veloria.

             Excused: Representative Linville.


             Passed to Rules Committee for second reading.


February 27, 1998

SJR 8204          Prime Sponsor, Senator McCaslin: Amending the Constitution to provide an alternative method of framing a county charter. Reported by Committee on Government Administration

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after line 7 and insert the following:


             "Article XI, section ... In addition to the methods of framing a county home rule charter which are contained in section 4 of this Article, a charter may be framed as provided in this section. The legislature shall without unreasonable delay enact legislation creating and appropriating funds for a temporary county home rule committee of fifteen members. The committee shall draft five alternative county "Home Rule" charters, a copy of which shall be submitted to the legislative authority of each county, and shall be retained by the state in its permanent records. Any one of the five alternative charters may include one or more sets of alternative articles or propositions that are selected by voters separately from the basic question of whether the charter should be approved or rejected. The committee shall exist not more than one year. Committee members shall be appointed by the governor with at least one-third of the members to consist of members of the legislature and elected county officials. A new county home rule committee with the same membership qualifications, which shall exist no longer than a one-year period, shall be appointed by the governor to redraft any of the alternative "Home Rule" charters whenever the legislature enacts legislation calling for the creation of a new temporary home rule committee. As far as practical, all committees created under this section shall be representative of major geographic areas of the state and the state's demographic distribution.

             Any one alternative charter may be submitted at an election to voters of any county for their approval and ratification, or rejection, upon either: (1) An ordinance adopted by the county legislative authority; or (2) the filing of a petition calling for an election which is signed by registered voters of the county equal in number to ten percent of the voters voting at the last preceding general election in the county. Upon approval and ratification of a charter by the voters of the county under this section, the charter shall become the organic law of the county. If voters approve and ratify a charter with alternative articles or provisions, the charter that is approved and ratified shall include those alternative articles or provisions that were selected by the voters.


             BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of the foregoing constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state and that the ballot title of the foregoing constitutional amendment shall be: "Shall an additional procedure be permitted to simplify the process by which a proposed county charter is placed upon the ballot?""

 

Signed by Representatives D. Schmidt, Chairman; D. Sommers, Vice Chairman; Dunn; Dunshee; Reams; Smith; L. Thomas; Wensman and Wolfe.

 

MINORITY recommendation: Do not pass. Signed by Representatives Scott, Ranking Minority Member; Gardner, Assistant Ranking Minority Member; Doumit and Murray.


             Voting Yea: Representatives D. Schmidt, D. Sommers, Dunn, Dunshee, Reams, Smith, L. Thomas, Wensman and Wolfe.

             Voting Nay: Representatives Scott, Gardner, Doumit and Murray.


             Passed to Rules Committee for second reading.


             There being no objection, the bills, memorials and resolutions listed on the day's 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 9:55 a.m., Monday, March 2, 1998.


TIMOTHY A. MARTIN, Chief Clerk                                                                           CLYDE BALLARD, Speaker