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AN ACT Relating to boards, commissions, committees, and other subdivisions of state government; amending RCW 43.63A.230, 18.44.010, 18.44.080, 18.44.360, 18.44.380, 74.21.020, 74.21.030, 74.21.040, 74.21.080, 74.21.090, 74.21.100, 74.21.110, 74.21.120, 74.21.130, 74.21.150, 74.21.180, 74.21.200, 70.112.010, 70.112.020, 39.04.220, 18.135.030, 41.05.021, 43.185.110, 43.185A.020, 43.185A.050, 43.131.354, 18.19.110, 18.19.911, 38.40.030, 38.12.105, 39.19.030, 43.131.348, 46.20.520, 18.51.070, 28B.107.020, 18.106.040, 18.106.010, 46.61.380, 18.84.020, 18.84.040, 18.84.090, 18.84.110, 75.30.050, 75.30.210, 75.30.250, 18.145.030, 28A.415.250, 43.51.300, 43.51.320, 43.51.330, 70.94.527, 70.94.541, 70.94.544, 70.94.551, 70.47.040, 15.58.030, 15.92.070, 17.21.020, and 43.185.074; creating a new section; and repealing RCW 18.44.208, 18.44.215, 74.21.050, 74.21.060, 74.21.070, 74.21.140, 41.05.150, 28B.115.050, 43.105.032, 48.17.135, 44.60.010, 44.60.020, 44.60.030, 44.60.040, 44.60.050, 44.60.070, 44.60.080, 44.60.090, 44.60.100, 44.60.110, 44.60.120, 44.60.130, 18.19.070, 38.12.095, 38.12.115, 38.12.125, 38.12.135, 39.19.040, 43.200.050, 43.200.150, 18.106.110, 67.08.001, 67.08.002, 67.08.003, 67.08.005, 67.08.007, 67.08.009, 67.08.010, 67.08.015, 67.08.030, 67.08.040, 67.08.050, 67.08.055, 67.08.060, 67.08.080, 67.08.090, 67.08.100, 67.08.110, 67.08.120, 67.08.130, 67.08.140, 67.08.150, 67.08.160, 67.08.170, 67.08.180, 67.08.900, 18.84.060, 18.145.060, 28B.102.040, 43.51.340, 70.94.537, 15.58.380, 17.21.230, 17.21.240, 17.21.250, 17.21.260, 17.21.270, 43.30.150, 18.85.500, 43.185.076, 27.60.010, 27.60.020, 27.60.030, 27.60.040, 27.60.050, 27.60.070, 27.60.900, 72.09.230, and 28B.04.085.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

EMPLOYEE OWNERSHIP PROGRAM ADVISORY PANEL

Sec. 1. RCW 43.63A.230 and 1988 c 186 s 17 are each amended to read as follows:

(1) The department of community development shall integrate an employee ownership program within its existing technical assistance programs. The employee ownership program shall provide technical assistance to cooperatives authorized under chapter 23.78 RCW and conduct educational programs on employee ownership and self-management. The department shall include information on the option of employee ownership wherever appropriate in its various programs.

(2) ((The department shall maintain a list of firms and individuals with expertise in the field of employee ownership and utilize such firms and individuals, as appropriate, in delivering and coordinating the delivery of technical, managerial, and educational services. In addition, the department shall work with and rely on the services of the department of trade and economic development, the employment security department, and state institutions of higher education to promote employee ownership.

~~(3)~~)) The department shall report to the governor, the trade and economic development committee of the house of representatives, the commerce and labor committee of the senate, and the ways and means committees of each house by December 1 of 1988, and each year thereafter, on the accomplishments of the employee-ownership program. Such reports shall include the number and types of firms assisted, the number of jobs created by such firms, the types of services, the number of workshops presented, the number of employees trained, and the results of client satisfaction surveys distributed to those using the services of the program.

((~~(4)~~)) (3) For purposes of this section, an employee stock ownership plan qualifies as a cooperative if at least fifty percent, plus one share, of its voting shares of stock are voted on a one-person-one-vote basis.

ESCROW COMMISSION

Sec. 2. RCW 18.44.010 and 1985 c 7 s 47 are each amended to read as follows:

Unless the context otherwise requires terms used in this chapter shall have the following meanings:

(1) "Department" means the department of licensing.

(2) "Director" means the director of licensing, or his duly authorized representative.

(3) "Escrow" means any transaction wherein any person or persons, for the purpose of effecting and closing the sale, purchase, exchange, transfer, encumbrance, or lease of real or personal property to another person or persons, delivers any written instrument, money, evidence of title to real or personal property, or other thing of value to a third person to be held by such third person until the happening of a specified event or the performance of a prescribed condition or conditions, when it is then to be delivered by such third person, in compliance with instructions under which he is to act, to a grantee, grantor, promisee, promisor, obligee, obligor, lessee, lessor, bailee, bailor, or any agent or employee thereof.

(4) "Escrow agent" means any sole proprietorship, firm, association, partnership, or corporation engaged in the business of performing for compensation the duties of the third person referred to in RCW 18.44.010(3) above.

(5) "Certificated escrow agent" means any sole proprietorship, firm, association, partnership, or corporation holding a certificate of registration as an escrow agent under the provisions of this chapter.

(6) "Person" unless a different meaning appears from the context, includes an individual, a firm, association, partnership or corporation, or the plural thereof, whether resident, nonresident, citizen or not.

(7) "Escrow officer" means any natural person handling escrow transactions and licensed as such by the director.

(8) ((~~"Escrow commission" means the escrow commission of the state of Washington created by RCW 18.44.208.~~

~~(9)~~)) "Controlling person" is any person who owns or controls ten percent or more of the beneficial ownership of any escrow agent, regardless of the form of business organization employed and regardless of whether such interest stands in such person's true name or in the name of a nominee.

Sec. 3. RCW 18.44.080 and 1985 c 340 s 1 are each amended to read as follows:

The director shall charge and collect the following fees:

(1) For filing an original or a renewal application for registration as an escrow agent, annual fees for the first office or location and for each additional office or location.

(2) For filing an application for a change of address, for each certificate of registration and for each escrow officer license being so changed.

(3) For filing an application for a duplicate of a certificate of registration or of an escrow officer license lost, stolen, destroyed, or for replacement.

((~~(4) For providing administrative support to the escrow commission.~~))

All fees under this chapter shall be set by the director in accordance with RCW 43.24.086.

All fees received by the director under this chapter shall be paid by him into the state treasury to the credit of the general fund.

NEW SECTION. Sec. 4. RCW 18.44.208 and 1985 c 340 s 3 & 1984 c 287 s 36 are each repealed.

Sec. 5. RCW 18.44.360 and 1988 c 178 s 2 are each amended to read as follows:

The director shall, within thirty days after ((~~the~~)) a written request ((~~of the escrow commission~~)), hold a public hearing to determine whether the fidelity bond and/or the errors and omissions policy specified in RCW 18.44.050 ((~~as now or hereafter amended~~)) is reasonably available to a substantial number of certificated escrow agents. If the director determines and the insurance commissioner concurs that such bond and/or policy is not reasonably available, the director shall waive the requirements for such bond and/or policy for a fixed period of time.

NEW SECTION. Sec. 6. RCW 18.44.215 and 1984 c 287 s 37 & 1977 ex.s. c 156 s 29 are each repealed.

Sec. 7. RCW 18.44.380 and 1987 c 471 s 10 are each amended to read as follows:

A request for a waiver of the required errors and omissions policy may be accomplished under the statute by submitting to the director an affidavit that substantially addresses the following:

REQUEST FOR WAIVER OF

ERRORS AND OMISSIONS POLICY

I, . . . . . ., residing at . . . . . ., City of . . . . . ., County of . . . . . ., State of Washington, declare the following:

(1) ((~~The state escrow commission~~)) It has been determined that an errors and omissions policy is not reasonably available to a substantial number of licensed escrow officers; and

(2) Purchasing an errors and omissions policy is cost-prohibitive at this time; and

(3) I have not engaged in any conduct that resulted in the termination of my escrow certificate; and

(4) I have not paid, directly or through an errors and omissions policy, claims in excess of ten thousand dollars, exclusive of costs and attorneys' fees, during the calendar year preceding submission of this affidavit; and

(5) I have not paid, directly or through an errors and omissions policy, claims, exclusive of costs and attorneys' fees, totaling in excess of twenty thousand dollars in the three calendar years immediately preceding submission of this affidavit; and

(6) I have not been convicted of a crime involving honesty or moral turpitude during the calendar year preceding submission of this application.

THEREFORE, in consideration of the above, I, . . . . . ., respectfully request that the director of licensing grant this request for a waiver of the requirement that I purchase and maintain an errors and omissions policy covering my activities as an escrow agent licensed by the state of Washington for the period from . . . . . ., 19. . ., to . . . . . ., 19. . .

Submitted this day of . . . . day of . . . . . ., 19. . .

........................................................................................................................................

(signature)

State of Washington, B

C ss.

County of King D

I certify that I know or have satisfactory evidence that . . . . . . . . ., signed this instrument and acknowledged it to be . . . . . . . . . free and voluntary act for the uses and purposes mentioned in the instrument.

Dated..............................................................................................................................

Signature of

Notary Public...............................................................................................................

(Seal or stamp) Title.............................................................................................................................................

My appointment expires..............................................................................................

FAMILY INDEPENDENCE PROGRAM EXECUTIVE COMMITTEE

Sec. 8. RCW 74.21.020 and 1990 1st ex.s. c 6 s 1 are each amended to read as follows:

The legislature hereby establishes as state policy the goal of economic independence for employable adults receiving public assistance, through employment, training, and education. The legislature finds that children living in families with incomes below the needs standard have reduced opportunities for physical and intellectual development. A family's economic future is frequently not improved by the current program.

Therefore, in order to break the cycle of poverty and dependence, a family independence program is established. Participating families are to receive benefits under this program at no less than they would otherwise have been entitled to receive.

The legislature intends that the family independence program ((is)) be operated as a demonstration((~~, which shall be periodically reviewed and modified by the executive committee to further state policy and to manage the program within resources~~)).

The legislature finds that the state has a vital interest in ensuring that citizens who are in economic need are provided appropriate financial assistance. It is the intent of the legislature to maintain the existing partnership between state and federal government and that this program remain part of the federal welfare entitlement program. The legislature seeks federal authority for a five-year demonstration project and recognizes that waivers and congressional action may be required to achieve our purpose. The legislature does not seek a block grant approach to welfare.

The legislature recognizes that any program intended to assist new and current public assistance recipients will be more likely to succeed when the state, private sector, and recipients work together.

The legislature also recognizes the value of building on successful programs that utilize the development of networking and mentoring strategies to assist public assistance recipients to gain self-sufficiency. The legislature further encourages public-private cooperation in the areas of job readiness training, education, job training, and work opportunities, including community-based organizations as service providers in these areas through contractual relationships.

The legislature finds that the goal of economic independence requires increased efforts to assist parents in exercising their children's right to economic support from absent parents.

The legislature recognizes the substantial participation in the workforce of women with preschool children, and the difficulty in reentering employment after long absences.

The legislature further recognizes that public assistance recipients can play a major role in setting their own goals.

The objectives of this chapter are to assure that: The maximum number of recipients of public assistance become independent and self-sufficient through employment, training, and education; caseloads be correspondingly reduced on a long-term basis; financial incentives be available to recipients participating in job readiness, education, training, and work programs; the number of children growing up in poverty be substantially reduced; and unemployable recipients be afforded a basic level of financial and medical assistance consistent with the state's financial capabilities.

Sec. 9. RCW 74.21.030 and 1990 1st ex.s. c 6 s 2 are each amended to read as follows:

Unless the context requires to the contrary, the definitions in this section apply throughout this chapter.

(1) "Benchmark standard" is the basic monthly level of cash benefits, established according to family size, which equals the state's payment standard under the aid to families with dependent children program, plus an amount not less than the full cash equivalent of food stamps for which any family of such size would otherwise be eligible.

(2) "Department" means the department of social and health services.

(3) "Enrollee" means the head(s) of household of a family eligible to receive financial assistance or other services under the family independence program.

(4) (("Executive committee" or "committee" means the family independence program executive committee, authorized by and subject to the provisions of this chapter, to make policy recommendations to the legislature and develop procedure, program standards, data collection and information systems for family independence programs, including making budget allocations, setting incentive rates within appropriated funds, setting cost-sharing requirements for child care and medical services, and making related financial reports under chapter 43.88 RCW.

~~(5)~~)) "Family independence program services" include but are not limited to job readiness programs, job creation, employment, work programs, training, education, family planning services, development of a mentor program, income and medical support, parent education, child care, and training in family responsibility and family management skills, including appropriate financial counseling and training on management of finances and use of credit.

((~~(6)~~)) (5) "Food stamps" means the food purchase benefit available through the United States department of agriculture.

((~~(7)~~)) (6) "Gross income" means the total income of an enrollee from earnings, cash assistance, and incentive benefit payments.

((~~(8)~~)) (7) "Incentive benefit payments" means those additional benefits payable to enrollees due to their participation in education, training, or work programs.

((~~(9)~~)) (8) "Job-ready" is the status of an enrollee who is assessed as ready to enter job search activities on the basis of the enrollee's skills, experience, or participation in job and education activities in accordance with RCW 74.21.080.

((~~(10)~~)) (9) "Job readiness training" means that training necessary to enable enrollees to participate in job search or job training classes. It may include any or all of the following: Budgeting and financial counseling, time management, self-esteem building, expectations of the workplace (including appropriate dress and behavior on the job), goal setting, transportation logistics, and other preemployment skills.

((~~(11)~~)) (10) "Maximum income levels" are those levels of income and cash benefits, both benchmark and incentive, which the state establishes as the maximum level of total gross cash income for persons to continue to receive cash benefits.

((~~(12)~~)) (11) "Medical benefits" or "medicaid" are categorically or medically needy medical benefits provided in accordance with Title XIX of the federal social security act. Eligibility and scope of medical benefits under this chapter shall incorporate any hereinafter enacted changes in the medicaid program under Title XIX of the federal social security act.

((~~(13)~~)) (12) "Noncash benefits" includes benefits such as child care and medicaid where the family receives a service in lieu of a cash payment related to the purposes of the family independence program.

((~~(14)~~)) (13) "Payment standard" is equal to the standard of need or a lesser amount if rateable reductions or grant maximums are established by the legislature. Standard of need shall be based on periodic studies of actual living costs and generally recognized inflation indices and shall include reasonable allowances for shelter, fuel, food, transportation, clothing, household maintenance, and necessary incidentals. The standard of need may take into account the economies of joint living arrangements, but there shall not be proration of any portion of assistance grants unless the amount of the payment standard is equal to the standard of need.

((~~(15)~~)) (14) "Subsidized employment" means employment for which the family independence program has provided the employer the financial resources, in whole or in part, to compensate an enrollee for the performance of work.

((~~(16)~~)) (15) "Unsubsidized employment" means employment for which the family independence program has not provided the employer the financial resources to compensate an enrollee for the performance of work.

((~~(17)~~)) (16) "Treatment site" means the five sites chosen in accordance with federal standards for data collection by the independent evaluator contracted for under this chapter.

Sec. 10. RCW 74.21.040 and 1990 1st ex.s. c 6 s 3 are each amended to read as follows:

(1) Upon implementation of the family independence program, all applicants for public assistance, except persons eligible for assistance under the general assistance--unemployable program and except for families in which the children residing with caretakers other than the children's parents are the only individuals eligible for benefits, under chapter 74.04 RCW, shall be enrolled in the family independence program and shall be eligible to receive financial and medical benefits under the following criteria:

(a) A person who is a "dependent child" as defined in 42 U.S.C. Sec. 606(a) or 42 U.S.C. Sec. 607(a), the caretaker relative(s) with whom the dependent child resides, or a pregnant woman as defined in 42 U.S.C. Sec. 606(b); and

(b) A person whose resources do not exceed those established by the United States department of health and human services at 45 C.F.R. Sec. 233.20(a)(3)(i)(B); and

(c) A person whose income does not exceed the benchmark standard plus appropriate incentive benefit payments established in accordance with this chapter. However, subject to subsection (2) of this section and RCW 74.21.180, the department may limit family independence program eligibility to exclude those new applicants whose monthly income would render them ineligible for aid to families with dependent children benefits under the payment level in effect at the time of the application. For the purposes of this subsection, a new applicant is a person who has not been a recipient of aid to families with dependent children or an enrollee for ninety days prior to application.

(2) Subject to the availability of funds for family independence program benefits, the department may expand eligibility to authorize family independence program benefits for additional categories of persons, but the department shall ensure that no person who would be eligible for benefits under the program requirements in place in this state as of January 1, 1988, pursuant to Titles IV-A and XIX of the federal social security act shall be denied financial or medical benefits under this chapter.

(((3) The executive committee is authorized to transfer cases from the family independence program to the aid for families with dependent children program in circumstances where the dependent children residing with caretakers other than the children's parents are the only individuals eligible for benefits under chapter 74.04 RCW.))

NEW SECTION. Sec. 11. The following acts or parts of acts are each repealed:

(1) RCW 74.21.050 and 1990 1st ex.s. c 6 s 4 & 1987 c 434 s 5;

(2) RCW 74.21.060 and 1988 c 43 s 3 & 1987 c 434 s 6; and

(3) RCW 74.21.070 and 1990 1st ex.s. c 6 s 5 & 1987 c 434 s 7.

Sec. 12. RCW 74.21.080 and 1987 c 434 s 8 are each amended to read as follows:

(1) The ((~~executive committee~~)) department may mandate the participation of enrollees in registration and assessment activities unless persons meet the exemption criteria set forth in subsection (2)(d) (ii) through (vi) of this section;

(2) The ((~~executive committee~~)) department may mandate the participation of enrollees in education, training, or work activities, subject to the following:

(a) There shall be no mandatory participation of enrollees in education, training, or work activities during the first two years after implementation of this chapter;

(b) The ((~~executive committee~~)) department shall collect and maintain records regarding the number of enrollees awaiting placement in job preparation activities; the number of enrollees who are participating in an education, job training, or other job preparation program; the number of enrollees who are job-ready as defined in this chapter; and the number of enrollees who have obtained placement as defined in this chapter. After the first two years, participation in training, education, or work activities may become mandatory in regions in which the family independence program has been implemented in accordance with this chapter, in which more than fifty percent of the job-ready enrollees obtained placements within three months of the time they became assessed as job-ready, and in which incentive benefit payment levels are set as initially required under RCW 74.21.150;

(c) If mandatory participation is suspended, it may be suspended by rule on a county or regional basis, but may be retained for a discrete group of enrollees;

(d) When participation in work and training requirements becomes mandatory, the following persons are exempt from the mandatory participation requirement:

(i) One parent with a child under three years of age in the home unless the family has been receiving public assistance for more than three years, in which case the caretaking parent must participate after the child is six months of age;

(ii) New enrollees who are on public assistance for the first time shall not be required to participate in employment, training, or work activities until they have been on public assistance for six months;

(iii) Persons under sixteen years of age or over sixty-four years of age;

(iv) Persons over sixteen years of age who are in high school;

(v) Persons who are incapacitated, temporarily ill, or are needed at home to care for an impaired person;

(vi) A person who is in the third trimester of pregnancy; and

(vii) A person who has not yet been individually notified in writing of the requirement to participate in registration, assessment, work, or training requirements or the expiration of his or her exempt status.

(3) The ((~~executive committee~~)) department may suspend and reinstate, based upon periodic review, the mandatory requirement as affected by the availability of training and job resources.

Sec. 13. RCW 74.21.090 and 1987 c 434 s 9 are each amended to read as follows:

(1) The department of social and health services and the employment security department shall provide education and training opportunities to enrollees when appropriate, pursuant to the employability plan required in RCW 74.21.190, and shall emphasize efforts which prepare enrollees for long-term unsubsidized employment and economic independence. This shall include opportunities for: (a) Enrollees who seek to pursue basic remedial education, such as completion of general equivalency diploma, adult basic education, and English proficiency training; (b) enrollees who seek vocational or skills training through on-the-job training or enrollment in a skills training or vocational training program, including those programs at a vocational training institute or community college; and (c) enrollees seeking higher education, including community college and four-year college degrees.

(2) The state agencies shall assure that those enrollees who seek to pursue work, training, and education activities, and those enrollees who are required in accordance with this chapter to so participate, receive a realistic assessment of work, training, and education opportunities and the opportunity to mutually participate in developing an individual self-sufficiency plan. The self-sufficiency plan shall take into account the local labor market and wage levels, as well as the individual's skills, work history, abilities, limitations, financial needs, desires, and interests, and shall specify the activities and services required for completion. The self-sufficiency plan is subject to approval by the state agencies. An enrollee may seek a modification of the self-sufficiency plan, or an administrative review if mutual agreement cannot be achieved.

(3) Within available funds, the department shall provide for payment of support services including child care and family independence program benefits at the benefit incentive level for education and training as set forth in RCW 74.21.150 to support appropriate training and education programs of enrollees. When the department has approved the funding of such payments for individual's appropriate training or education plan, such funding shall continue, subject to an annual review, for the duration of the individual's participation in the approved training or education program. ((~~The executive committee shall establish by rule criteria for funding of appropriate training and education programs.~~))

(4) When support services are unavailable through existing day-care resources, the department shall make efforts to gain services through private and public agencies.

Sec. 14. RCW 74.21.100 and 1989 c 175 s 158 are each amended to read as follows:

((~~The executive committee shall direct~~)) The department of social and health services and the employment security department ((to)) shall adopt rules providing due process of law protections to applicants for and recipients of family independence program benefits. The requirements shall confer protections no less than those which the federal statutes and regulations confer on participants in the food stamp, aid to families with dependent children, and work incentive programs. The protections shall include, but are not limited to, the following:

(1) The departments shall provide adequate advance written notice to applicants or enrollees of any agency action to deny, award, reduce, terminate, increase, or suspend benefits or to change the manner or form of payment or of any agency action requiring the enrollee to take any action. Adequate notice includes a statement of what action the agency intends to take, the reasons for the intended agency action, the specific rules supporting the action, an explanation of the individual's right to file an application for an adjudicative proceeding, how to file an application, and the circumstances under which assistance is continued pending the adjudicative proceeding if an application for one is filed.

(2) Advance notice must be mailed to enrollees at least ten days prior to the date on which the proposed action would become effective.

(3) An applicant or enrollee aggrieved by an action or decision of the departments, including requiring or denying participation in a work, training, or education activity, has the right to file an application for an adjudicative proceeding under RCW 74.08.080 and chapters 34.05 and 34.12 RCW. The aggrieved person is entitled to all fair hearing rights and to the right of judicial review therefrom as provided in RCW 74.08.080.

(4) When an enrollee files an application for an adjudicative proceeding during the advance notice period, the departments shall not implement the challenged action until a written adjudicative order is rendered after a hearing. The advance notice period is the period prior to the effective date of the proposed action or ten days from the date of adequate written notice, whichever is later. Any assistance received pending a hearing or adjudicative order may be considered to be an overpayment if the adjudicative order is against the enrollee.

(5) Financial, food stamp, and medical assistance shall be furnished to eligible individuals in a timely manner and shall be continued regularly to all eligible individuals until they are found to be ineligible. Applications should be disposed of as soon as possible in accordance with 7 C.F.R. Sec. 273.2 (g) and (i) and 45 C.F.R. Sec. 206.10 and no later than thirty days from the date of application unless good cause applies. Prior to denial or termination of family independence program cash or noncash benefits, each family's eligibility for financial assistance, medical assistance, and food stamp benefits shall be determined.

Sec. 15. RCW 74.21.110 and 1987 c 434 s 11 are each amended to read as follows:

(1) When an enrollee ceases to receive family independence program cash benefits as a result of increased earnings, the enrollee shall be eligible to receive family independence program noncash child care and medical benefits for a period of one year following the cessation of family independence program cash eligibility.

(2) ((~~The executive committee may authorize~~)) The department ((to)) may require financial participation based on income of the enrollee in the cost of the family independence program noncash benefits, but such financial participation requirement shall not exceed twenty-five percent of the cost of the noncash benefit or twenty-five percent of the amount by which the family's income exceeds the maximum income level, whichever is less.

(3) No person may be required to participate in the cost of medical benefits if the person would have been eligible for medicaid benefits at no additional cost under the medically needy income levels or the program requirements in effect as of January 1, 1988.

Sec. 16. RCW 74.21.120 and 1987 c 434 s 12 are each amended to read as follows:

(1) Enrollees referred to subsidized and unsubsidized employment positions established pursuant to this chapter shall not be considered employees of the ((~~executive committee or the~~)) state solely because of their status as enrollees in the family independence program. Enrollees in subsidized and unsubsidized employment positions established pursuant to this chapter shall be considered employees of the agency or employer sponsoring their employment. Enrollees in such subsidized and unsubsidized positions shall receive and enjoy the following protections and benefits of the sponsoring employer including, but not limited to, worker's compensation, old age and survivors health insurance, protections of a collective bargaining agreement, sick leave, retirement, medical benefits, vacation leave, and hours of work, provided that these protections and benefits shall not be created by this subsection if such protections and benefits do not already exist. Enrollees in such subsidized and unsubsidized positions shall also be covered for purpose of unemployment compensation, notwithstanding RCW 50.44.040(5) to the contrary.

(2) Subsidized and unsubsidized positions under this chapter to which enrollees are referred shall not be created as a result of, nor result in, any of the following:

(a) Displacement of currently employed workers or authorized positions, for the purpose of employing enrollees, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits;

(b) The filling of subsidized and unsubsidized positions that would otherwise be a promotional opportunity;

(c) The filling of a subsidized or unsubsidized position before compliance with applicable personnel procedures and collective bargaining agreements, including in the instance of subsidized jobs the written concurrence from any affected union representative organization;

(d) The filling of a subsidized or unsubsidized position created by a reduction in work force or change of employers;

(e) A strike, lockout, or other bona fide labor dispute, or a violation of any existing collective bargaining agreement between employees and employers;

(f) Decertification of any bargaining unit;

(g) Creation of a new classification that has the intent or effect of subverting the intent of this section.

(3) Enrollees in subsidized and unsubsidized employment shall not continue participation at a place of employment that is involved in a strike, lockout, or other bona fide labor dispute.

(4) The employment security department shall establish a dispute-resolution process for resolving disagreements arising from this section or other employment-related sections of this chapter.

Sec. 17. RCW 74.21.130 and 1987 c 434 s 13 are each amended to read as follows:

((~~The executive committee shall direct that~~)) No enrollee ((~~shall~~)) may be referred to subsidized or unsubsidized employment in which the enrollee would be paid at a rate less than the highest of the following:

(1) The minimum wage set out in section 6 (a)(1) of the fair labor standards act of 1938, as amended, or as established by state law;

(2) The prevailing rate of pay for persons employed in similar occupations by the same employer;

(3) The minimum entrance rate for inexperienced workers in the same occupation with the employer or, if the occupation is new to the employer, the prevailing entrance rate for the occupation among other employers in the area or community, or the applicable minimum rate required by an applicable bargaining agreement; or

(4) The prevailing rate established in accordance with the Davis-Bacon act, as amended, or the service contract act, as amended, for enrollees working in occupations covered by the applicable acts.

NEW SECTION. Sec. 18. RCW 74.21.140 and 1988 c 43 s 4 & 1987 c 434 s 14 are each repealed.

Sec. 19. RCW 74.21.150 and 1987 c 434 s 15 are each amended to read as follows:

(1) The legislature shall determine the benchmark standard for enrollees. The legislature may adjust the benchmark standard periodically. However, the department shall promptly pass on to enrollees any increases in federal food stamp program benefits. The ((~~executive committee~~)) department shall designate what portion of the benchmark standard constitutes a cash payment for food stamp benefits and shall ensure that this designation information is regularly provided to recipients. The portion of the benchmark standard and incentive benefit levels that is designated as the cash payment for food stamp benefits shall be excluded as income to the full extent that food stamps are so excluded by current and subsequently enacted state and federal law.

(2) Enrollees shall receive cash assistance which, when added to other income, provides total income not less than the benchmark standard set by the legislature. Enrollees participating in work, education, or training programs shall receive incentive benefit payments which, when added to other income, provides gross income not less than the levels which shall be initially set as follows:

(a) One hundred five percent of the benchmark standard for enrollees participating in training or education programs;

(b) One hundred five percent of the benchmark standard for teenage parents if they stay in school and progress toward graduation and successfully participate in parenting education approved by the office of the superintendent of public instruction or the department;

(c) One hundred fifteen percent of the benchmark standard for enrollees working half time, but the department may authorize a higher incentive benefit payment level for enrollees working part time; and

(d) One hundred thirty-five percent of the benchmark standard for enrollees working full time.

(3) Family independence program cash benefits shall not be available to meet the needs of enrollees for whom participation in the work and training components of the family independence program is mandatory and who refuse without good cause to participate in such programs. However, medical benefits for such sanctioned individuals and payments on behalf of the other members of the family shall be provided. In such cases, payments to the remaining family members may be in the form of protective payee payments unless, after reasonable efforts, the state is unable to locate an appropriate protective payee, in which case the sanctioned individual can be the payee for the remaining family members. A participant under such sanction is eligible for the full benchmark plus appropriate incentive benefit level once he or she participates.

(4) The department((~~, at the direction of the executive committee,~~)) may increase or decrease the incentive benefit payment levels based on the availability of funds.

Sec. 20. RCW 74.21.180 and 1987 c 434 s 18 are each amended to read as follows:

The department shall establish rules for the determination of financial need and the treatment of income of enrollees consistent with this section.

(1) Income and resources shall be reasonably evaluated and cannot be considered available to an applicant or recipient unless actually available.

(2) The following shall be excluded as income in family independence program eligibility and need determinations: The value of medical benefits, child care, higher education benefits, earned income tax credit, income tax refunds, any housing subsidy, energy assistance, the earnings of a child, retroactive family independence program benefits, the child support exempted by 42 U.S.C. Sec. 657(b) or 42 U.S.C. Sec. 602(a)(8)(vi), and any benefit or moneys that any provision of federal law in effect on January 1, 1988, excludes from being considered income for eligibility for aid to families with dependent children or food stamps or other exclusions which Congress may hereafter enact.

(3) ((~~The executive committee may direct~~)) The department ((to)) may establish methods for evaluating what portion of income is considered gross income for persons whose income is earned over a longer period of time than the period in which it is received and for measuring the gross income of self-employed persons.

Sec. 21. RCW 74.21.200 and 1987 c 434 s 20 are each amended to read as follows:

(1) The family independence program shall not be implemented before February 28, 1988, and shall not be implemented until specifically authorized by the legislature. ((However, upon July 26, 1987, the executive committee shall be appointed and shall carry out those functions necessary to plan for the implementation of the family independence program, including securing federal approval.))

(2) ((~~The governor shall report to the legislature at least once each quarter of 1987 on the progress of the executive committee's efforts to secure federal approval of the family independence program.~~

~~(3)~~))(a) The governor shall seek congressional action on any federal legislation necessary to implement this chapter. The governor shall seek legislation that provides that any program under this chapter shall be a demonstration project which remains within the federal aid to families with dependent children system under Title IV of the federal social security act.

(b) Any agreements with the federal government necessary to implement the family independence program shall provide that any program under this chapter shall be a demonstration project which remains within the federal aid to families with dependent children system under Title IV of the federal social security act. Such agreements shall provide for waivers from the federal aid to families with dependent children system only to the extent necessary to implement this chapter.

((~~(4)~~)) (3) If all proposed agreements between the state and federal governments which are necessary to implement the family independence program have been completed before February 1, 1988, a plan outlining such proposed agreements shall be submitted to the legislature no later than February 7, 1988. If all agreements between the state and federal governments necessary to implement the family independence program have not been completed by February 1, 1988, an implementation plan with the proposed agreements shall be submitted to the senate committee on human services and corrections, the house of representatives committee on human services, and the senate and house of representatives committees on ways and means for consideration. Copies of all such proposed agreements and any proposed changes to state statute shall be submitted to the legislature with the plan. The family independence program shall be implemented only after the legislature has approved the implementation plan and authorized the signing and completion of all federal-state agreements.

((~~(5)~~)) (4) Any agreements with the federal government pursuant to this chapter shall provide that such agreements may be canceled by the state or federal government upon six months' notice or immediately upon mutual agreement. If the agreements are canceled, those enrollees in the family independence program who are eligible for the aid to families with dependent children, medicaid, and the food stamp programs shall be converted to those programs.

((~~(6) Subject to the approval of the executive committee,~~)) (5) The department of social and health services and the employment security department shall enter into an interagency agreement for carrying out appropriate administrative functions and purposes as required with respect to the family independence program to be undertaken in this state.

FAMILY PRACTICE EDUCATION ADVISORY BOARD

Sec. 22. RCW 70.112.010 and 1975 1st ex.s. c 108 s 1 are each amended to read as follows:

(1) "School of medicine" means the University of Washington school of medicine located in Seattle, Washington;

(2) "Residency programs" mean community based family practice residency educational programs either in existence or established under this chapter;

(3) "Affiliated" means established or developed in cooperation with the school of medicine; and

(4) "Family practice unit" means the community facility or classroom used for training of ambulatory health skills within a residency training program((~~; and~~

~~(5) "Advisory board" means the family practice education advisory board created by this chapter~~)).

Sec. 23. RCW 70.112.020 and 1975 1st ex.s. c 108 s 2 are each amended to read as follows:

There is established a state-wide medical education system for the purpose of training resident physicians in family practice. The dean of the school of medicine shall be responsible for implementing the development and expansion of residency programs in cooperation with the medical profession, hospitals, and clinics located throughout the state. The ((~~chairman~~)) chair of the department of family medicine in the school of medicine((~~, with the consent of the advisory board,~~)) shall determine where affiliated residency programs shall exist; giving consideration to communities in the state where the population, hospital facilities, number of physicians, and interest in medical education indicate the potential success of the residency program. The medical education system shall provide financial support for residents in training for those programs which are affiliated with the school of medicine and shall establish positions for appropriate faculty to staff these programs. The number of programs shall be ((~~determined by the board and be~~)) in keeping with the needs of the state.

GENERAL CONTRACTOR OVERSIGHT

Sec. 24. RCW 39.04.220 and 1991 c 130 s 2 are each amended to read as follows:

(1) In addition to currently authorized methods of public works contracting, and in lieu of the requirements of RCW 39.04.010 and 39.04.020 through 39.04.060, capital projects funded for over ten million dollars appropriated and authorized by the legislature for the department of corrections in the 1989‑91 biennium at the McNeil Island corrections center, the Clallam Bay corrections center, the construction of new correctional facilities under the authority of the secretary of corrections including drug camps; work camps; a new medium security prison and such other correctional facilities as may be authorized by the legislature during the biennium ending June 30, 1993, may be accomplished under contract using the general contractor/construction manager method described in this section. For the purposes of this section, "general contractor/construction manager" means a firm with which the department of general administration has selected and negotiated a maximum allowable construction cost to be guaranteed by the firm, after competitive selection through a formal advertisement, and competitive bids to provide services that may include life-cycle cost design considerations, value engineering, scheduling, cost estimating, constructability, alternative construction options for cost savings, and sequencing of work, and to act as the general contractor during the construction phase. ((The department of general administration shall establish an independent oversight advisory committee with representatives of interest groups with an interest in this subject area, the department of corrections, and the private sector, to review selection and contracting procedures.)) The general contractor/construction manager method is limited to contracts signed before July 1, 1996.

(2) Contracts for the services of a general contractor/construction manager awarded under the authority of this section shall be awarded through a competitive process requiring the public solicitation of proposals for general contractor/construction manager services. Minority and women enterprise total project goals shall be specified in the bid instructions to the general contractor/construction manager finalists. The director of general administration is authorized to include an incentive clause in any contract awarded under this section for savings of either time or cost or both from that originally negotiated. No incentives granted shall exceed five percent of the maximum allowable construction cost. The director of general administration or his or her designee shall establish a committee to evaluate the proposals considering such factors as ability of professional personnel; past performance in negotiated and complex projects; ability to meet time and budget requirements; location; recent, current, and projected work loads of the firm; and the concept of their proposal. After the committee has selected the most qualified finalists, these finalists shall submit sealed bids for the percent fee, which is the percentage amount to be earned by the general contractor/construction manager as overhead and profit, on the estimated maximum allowable construction cost and the fixed amount for the detailed specified general conditions work. The maximum allowable construction cost may be negotiated between the department of general administration and the selected firm after the scope of the project is adequately determined to establish a guaranteed contract cost for which the general contractor/construction manager will provide a performance and payment bond. The guaranteed contract cost includes the fixed amount for the detailed specified general conditions work, the negotiated maximum allowable construction cost, the percent fee on the negotiated maximum allowable construction cost, and sales tax. If the department of general administration is unable to negotiate a satisfactory maximum allowable construction cost with the firm selected that the department of general administration determines to be fair, reasonable, and within the available funds, negotiations with that firm shall be formally terminated and the department of general administration shall negotiate with the next low bidder and continue until an agreement is reached or the process is terminated. If the maximum allowable construction cost varies more than fifteen percent from the bid estimated maximum allowable construction cost due to requested and approved changes in the scope by the state, the percent fee shall be renegotiated. All subcontract work shall be competitively bid with public bid openings. Specific goals for women and minority enterprises shall be specified in each subcontract bid package that responsive bidders will have to meet or exceed. All subcontractors who bid work over one hundred thousand dollars shall post a bid bond and the awarded subcontractor shall provide a performance and payment bond for their contract amount if required by the general contractor/construction manager. The bidding of subcontract work by the general contractor/construction manager or its subsidiaries is prohibited but it may negotiate with the low-responsive bidder in accordance with RCW 39.04.015 or rebid if authorized by the director of general administration in the event no bids are received, the bids received are over the budget amount, or the subcontractor fails to perform.

(3) If the project is completed for less than the agreed upon maximum allowable construction cost, any savings not otherwise negotiated as part of an incentive clause shall accrue to the state. If the project is completed for more than the agreed upon maximum allowable construction cost, excepting increases due to any contract change orders approved by the state, the additional cost shall be the responsibility of the general contractor/construction manager.

(4) The powers and authority conferred by this section shall be construed as in addition and supplemental to powers or authority conferred by any other law, and nothing contained herein shall be construed as limiting any other powers or authority of the department of general administration.

HEALTH CARE ASSISTANCE ADVISORY COMMITTEE

Sec. 25. RCW 18.135.030 and 1991 c 3 s 273 are each amended to read as follows:

The secretary, or the secretary's designee((~~, with the advice of designees of the board of medical examiners, the board of osteopathic medicine and surgery, the podiatry board, and the board of nursing,~~)) shall adopt rules necessary to administer, implement, and enforce this chapter and establish the minimum requirements necessary for a health care facility or health care practitioner to certify a health care assistant capable of performing the functions authorized in this chapter. The rules shall establish minimum requirements for each and every category of health care assistant. ((~~Said rules shall be adopted after fair consideration of input from representatives of each category.~~)) These requirements shall ensure that the public health and welfare are protected and shall include, but not be limited to, the following factors:

(1) The education and occupational qualifications for the health care assistant category;

(2) The work experience for the health care assistant category;

(3) The instruction and training provided for the health care assistant category; and

(4) The types of drugs or diagnostic agents which may be administered by injection by health care assistants working in a hospital or nursing home. The rules established pursuant to this subsection shall not prohibit health care assistants working in a health care facility other than a nursing home or hospital from performing the functions authorized under this chapter.

HEALTH CARE POLICY TECHNICAL ADVISORY COMMITTEE

Sec. 26. RCW 41.05.021 and 1990 c 222 s 3 are each amended to read as follows:

The Washington state health care authority is created within the executive branch. The authority shall have an administrator appointed by the governor, with the consent of the senate. The administrator shall serve at the pleasure of the governor. The administrator may employ up to seven staff members, who shall be exempt from chapter 41.06 RCW, and any additional staff members as are necessary to administer this chapter. The primary duties of the authority shall be to administer state employees' insurance benefits and to study state-purchased health care programs in order to maximize cost containment in these programs while ensuring access to quality health care. The authority's duties include, but are not limited to, the following:

(1) To administer a health care benefit program for employees as specifically authorized in RCW 41.05.065 and in accordance with the methods described in RCW 41.05.075, 41.05.140, and other provisions of this chapter;

(2) To analyze state-purchased health care programs and to explore options for cost containment and delivery alternatives for those programs that are consistent with the purposes of those programs, including, but not limited to:

(a) Creation of economic incentives for the persons for whom the state purchases health care to appropriately utilize and purchase health care services, including the development of flexible benefit plans to offset increases in individual financial responsibility;

(b) Utilization of provider arrangements that encourage cost containment and ensure access to quality care, including but not limited to prepaid delivery systems, utilization review, and prospective payment methods;

(d) Development of recommendations and methods for purchasing medical equipment and supporting services on a volume discount basis; and

(e) Development of data systems to obtain utilization data from state-purchased health care programs in order to identify cost centers, utilization patterns, provider and hospital practice patterns, and procedure costs, utilizing the information obtained pursuant to RCW 41.05.031;

(3) To analyze areas of public and private health care interaction;

(4) To provide information and technical and administrative assistance to the board;

(5) To review and approve or deny applications from counties, municipalities, other political subdivisions of the state, and school districts to provide state-sponsored insurance or self-insurance programs to their employees in accordance with the provisions of RCW 41.04.205 and 28A.400.350, setting the premium contribution for approved groups as outlined in RCW 41.05.050; and

(6) ((~~To appoint a health care policy technical advisory committee as required by RCW 41.05.150; and~~

~~(7)~~)) To promulgate and adopt rules consistent with this chapter as described in RCW 41.05.160.

NEW SECTION. Sec. 27. RCW 41.05.150 and 1988 c 107 s 14 are each repealed.

HEALTH PROFESSIONAL LOAN REPAYMENT COMMITTEE

NEW SECTION. Sec. 28. RCW 28B.115.050 and 1991 c 332 s 18 & 1989 1st ex.s. c 9 s 719 are each repealed.

HOUSING ASSISTANCE PROGRAM ADVISORY COMMITTEE

Sec. 29. RCW 43.185.110 and 1991 c 204 s 4 are each amended to read as follows:

The director shall prepare an annual report and shall send copies to the chair of the house of representatives committee on housing, the chair of the senate committee on commerce and labor, and one copy to the staff of each committee that summarizes the housing trust fund's income, grants and operating expenses, implementation of its program, and any problems arising in the administration thereof. ((The director shall promptly appoint a low-income housing assistance advisory committee composed of a representative from each of the following groups: Apartment owners, realtors, mortgage lending or servicing institutions, private nonprofit housing assistance programs, tenant associations, and public housing assistance programs. The advisory group shall advise the director on housing needs in this state, including housing needs for persons who are mentally ill or developmentally disabled or youth who are blind or deaf or otherwise disabled, operational aspects of the grant and loan program or revenue collection programs established by this chapter, and implementation of the policy and goals of this chapter. Such advice shall be consistent with policies and plans developed by regional support networks according to chapter 71.24 RCW for the mentally ill and the developmental disabilities planning council for the developmentally disabled.))

Sec. 30. RCW 43.185A.020 and 1991 c 356 s 11 are each amended to read as follows:

The affordable housing program is created in the department of community development for the purpose of developing and coordinating public and private resources targeted to meet the affordable housing needs of low-income households in the state of Washington. ((~~The program shall be developed and administered by the department with advice and input from the low-income [housing] assistance advisory committee established in RCW 43.185.110.~~))

Sec. 31. RCW 43.185A.050 and 1991 c 356 s 14 are each amended to read as follows:

(1) During each calendar year in which funds are available for use by the department for the affordable housing program, the department shall announce to all known interested parties, and through major media throughout the state, a grant and loan application period of at least ninety days' duration. This announcement shall be made as often as the director deems appropriate for proper utilization of resources. The department shall then promptly grant as many applications as will utilize available funds less appropriate administrative costs of the department, not to exceed five percent of moneys appropriated to the affordable housing program.

(2) The department shall develop((~~, with advice and input from the low-income [housing] assistance advisory committee established in RCW 43.185.110,~~)) criteria to evaluate applications for assistance under this chapter.

INFORMATION SERVICES BOARD

NEW SECTION. Sec. 32. RCW 43.105.032 and 1992 c 20 s 8, 1987 c 504 s 4, 1984 c 287 s 86, 1975-'76 2nd ex.s. c 34 s 128, & 1973 1st ex.s c 219 s 5 are each repealed.

Sec. 33. RCW 43.131.354 and 1992 c 20 s 13 are each amended to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1997:

(1) RCW 41.06.094 and 1987 c 504 s 7;

(2) RCW 43.88.560 and 1992 c 20 s 7;

(3) RCW 43.105.005 and 1990 c 208 s 1 & 1987 c 504 s 1;

(4) RCW 43.105.017 and 1992 c 20 s 6, 1990 c 208 s 2, & 1987 c 504 s 2;

(5) RCW 43.105.020 and 1990 c 208 s 3, 1987 c 504 s 3, 1973 1st ex.s. c 219 s 3, & 1967 ex.s. c 115 s 2;

(6) ((~~RCW 43.105.032 and 1992 c 20 s 8, 1987 c 504 s 4, 1984 c 287 s 86, 1975-'76 2nd ex.s. c 34 s 128, & 1973 1st ex.s. c 219 s 5;~~

~~(7)~~)) RCW 43.105.041 and 1990 c 208 s 6, 1987 c 504 s 5, 1983 c 3 s 115, & 1973 1st ex.s. c 219 s 6;

((~~(8)~~)) (7) RCW 43.105.047 and 1992 c 20 s 9 & 1987 c 504 s 6;

((~~(9)~~)) (8) RCW 43.105.052 and 1992 c 20 s 10, 1990 c 208 s 7, & 1987 c 504 s 8;

((~~(10)~~)) (9) RCW 43.105.055 and 1987 c 504 s 9;

((~~(11)~~)) (10) RCW 43.105.057 and 1992 c 20 s 11 & 1990 c 208 s 13;

((~~(12)~~)) (11) RCW 43.105.060 and 1987 c 504 s 10, 1973 1st ex.s. c 219 s 9, & 1967 ex.s. c 115 s 6;

((~~(13)~~)) (12) RCW 43.105.070 and 1969 ex.s. c 212 s 4;

((~~(14)~~)) (13) RCW 43.105.080 and 1987 c 504 s 11, 1983 c 3 s 116, & 1974 ex.s. c 129 s 1;

((~~(15)~~)) (14) RCW 43.105.900 and 1973 1st ex.s. c 219 s 10;

((~~(16)~~)) (15) RCW 43.105.901 and 1987 c 504 s 25;

((~~(17)~~)) (16) RCW 43.105.902 and 1987 c 504 s 26;

((~~(18)~~)) (17) RCW 43.105.160 and 1992 c 20 s 1;

((~~(19)~~)) (18) RCW 43.105.170 and 1992 c 20 s 2;

((~~(20)~~)) (19) RCW 43.105.180 and 1992 c 20 s 3;

((~~(21)~~)) (20) RCW 43.105.190 and 1992 c 20 s 4; and

((~~(22)~~)) (21) RCW 43.105.200 and 1992 c 20 s 5.

INSURANCE ADVISORY EXAMINING BOARD

NEW SECTION. Sec. 34. RCW 48.17.135 and 1984 c 287 s 96, 1975-'76 2nd ex.s. c 34 s 142, & 1967 150 s 14 are each repealed.

LEGISLATIVE ETHICS

NEW SECTION. Sec. 35. The following acts or parts of acts are each repealed:

(1) RCW 44.60.010 and 1977 ex.s. c 218 s 1 & 1967 ex.s. c 150 s 1;

(2) RCW 44.60.020 and 1980 c 87 s 43, 1977 ex.s. c 218 s 2, & 1967 ex.s. c 150 s 2;

(3) RCW 44.60.030 and 1967 ex.s. c 150 s 3;

(4) RCW 44.60.040 and 1977 ex.s. c 218 s 3 & 1967 ex.s. c 150 s 4;

(5) RCW 44.60.050 and 1984 c 287 s 92, 1979 c 151 s 159, 1977 ex.s. c 218 s 4, 1975-'76 2nd ex.s. c 34 s 135, & 1967 ex.s. c 150 s 5;

(6) RCW 44.60.070 and 1980 c 165 s 1, 1977 ex.s. c 218 s 5, & 1967 ex.s. c 150 s 6;

(7) RCW 44.60.080 and 1977 ex.s. c 218 s 6 & 1967 ex.s. c 150 s 8;

(8) RCW 44.60.090 and 1967 ex.s. c 150 s 9;

(9) RCW 44.60.100 and 1977 ex.s. c 218 s 7;

(10) RCW 44.60.110 and 1980 c 165 s 2 & 1977 ex.s. c 218 s 8;

(11) RCW 44.60.120 and 1977 ex.s. c 218 s 9; and

(12) RCW 44.60.130 and 1977 ex.s. c 218 s 10.

MARRIAGE AND FAMILY THERAPY ADVISORY COMMITTEE

NEW SECTION. Sec. 36. RCW 18.19.070 and 1991 c 3 s 22 & 1987 c 512 s 7 are each repealed.

Sec. 37. RCW 18.19.110 and 1991 c 3 s 26 are each amended to read as follows:

(1) The department shall issue a certified social worker certificate to any applicant meeting the following requirements:

(a) A minimum of a master's degree from an accredited graduate school of social work approved by the secretary;

(b) A minimum of two years of post-master's degree social work practice under the supervision of a social worker certified under this chapter or a person deemed acceptable to the secretary, such experience consisting of at least thirty hours per week for two years or at least twenty hours per week for three years; and

(c) Successful completion of the examination in RCW 18.19.150, unless the applicant qualified under an exemption pursuant to subsection (2) of this section or RCW 18.19.160.

Applicants shall be subject to the grounds for denial or issuance of a conditional certificate in chapter 18.130 RCW.

(2) Except as provided in RCW 18.19.160, an applicant is exempt from the examination provisions of this chapter under the following conditions if application for exemption is made within twelve months after July 26, 1987:

(a) The applicant shall establish to the satisfaction of the secretary that he or she has been engaged in the practice of social work as defined in this chapter for two of the previous four years; and

(b) The applicant has the following academic qualifications: (i) A doctorate or master's degree in social work from an accredited graduate school of social work or comparable and equivalent educational attainment as determined by the secretary ((~~in consultation with the advisory committee~~)); and (ii) two years of postgraduate social work experience under the supervision of a social worker who qualifies for certification under this chapter or under the supervision of any other professional deemed appropriate by the secretary.

(3) Certified social work practice is that aspect of counseling that involves the professional application of social work values, principles, and methods by individuals trained in accredited social work graduate programs and requires knowledge of human development and behavior, knowledge of social systems and social resources, an adherence to the social work code of ethics, and knowledge of and sensitivity to ethnic minority populations. It includes, but is not limited to, evaluation, assessment, treatment of psychopathology, consultation, psychotherapy and counseling, prevention and educational services, administration, policy-making, research, and education directed toward client services.

Sec. 38. RCW 18.19.911 and 1990 c 297 s 14 are each amended to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1995:

(1) Section 1, chapter 512, Laws of 1987 and RCW 18.19.010;

(2) Section 2, chapter 512, Laws of 1987 and RCW 18.19.030;

(3) Section 3, chapter 512, Laws of 1987 and RCW 18.19.020;

(4) Section 4, chapter 512, Laws of 1987 and RCW 18.19.040;

(5) Section 5, chapter 512, Laws of 1987 and RCW 18.19.050;

(6) Section 6, chapter 512, Laws of 1987 and RCW 18.19.060;

(7) ((~~Section 7, chapter 512, Laws of 1987 and RCW 18.19.070;~~

~~(8)~~)) Section 8, chapter 512, Laws of 1987 and RCW 18.19.080;

((~~(9)~~)) (8) Section 9, chapter 512, Laws of 1987 and RCW 18.19.090;

((~~(10)~~)) (9) Section 10, chapter 512, Laws of 1987 and RCW 18.19.100;

((~~(11)~~)) (10) Section 11, chapter 512, Laws of 1987 and RCW 18.19.180;

((~~(12)~~)) (11) Section 12, chapter 512, Laws of 1987 and RCW 18.19.110;

((~~(13)~~)) (12) Section 13, chapter 512, Laws of 1987 and RCW 18.19.120;

((~~(14)~~)) (13) Section 14, chapter 512, Laws of 1987 and RCW 18.19.130;

((~~(15)~~)) (14) Section 15, chapter 512, Laws of 1987 and RCW 18.19.170;

((~~(16)~~)) (15) Section 16, chapter 512, Laws of 1987 and RCW 18.19.150;

((~~(17)~~)) (16) Section 17, chapter 512, Laws of 1987 and RCW 18.19.140;

((~~(18)~~)) (17) Section 18, chapter 512, Laws of 1987 and RCW 18.19.190;

((~~(19)~~)) (18) Section 19, chapter 512, Laws of 1987 and RCW 18.19.160; and

((~~(20)~~)) (19) Section 20, chapter 512, Laws of 1987 and RCW 18.19.900.

MILITIA MEDICAL BOARD

Sec. 39. RCW 38.40.030 and 1989 c 19 s 47 are each amended to read as follows:

If any member of the organized militia is injured, incapacitated, or otherwise disabled while in active state service or inactive duty as a member of the organized militia, he or she shall receive from the state of Washington just and reasonable relief in the amount to be determined as provided in this section, including necessary medical care. If the member dies from disease contracted or injury received or is killed while in active state service or inactive duty under order of the governor, then the dependents of the deceased shall receive such compensation as may be allowed as provided in this section. If the United States or any agent thereof, in accordance with any federal statute or regulation, furnishes monetary assistance, benefits, or other temporary or permanent relief to militia members or to their dependents for injuries arising out of and occurring in the course of their activities as militia members, but not including Social Security benefits, then the amount of compensation which any militia member or his or her dependents are otherwise entitled to receive from the state of Washington as provided in this section shall be reduced by the amount of monetary assistance, benefits, or other temporary or permanent relief the militia member or his or her dependents have received and will receive from the United States or any agent thereof as a result of his or her injury. ((All claims arising under this section shall be inquired into by a board of three officers, at least one being a medical officer, to be appointed by the adjutant general. The board has the same power to take evidence, administer oaths, issue subpoenas, compel witnesses to attend and testify and produce books and papers, and punish their failure to do so as is possessed by a general court martial.)) The amount of compensation or benefits payable shall conform as nearly as possible to the general schedule of payments and awards provided under the workers' compensation law in effect in the state of Washington at the time the disability or death occurred. ((The findings of the board shall be reviewed by the adjutant general and submitted to the governor for final approval. The reviewing officer or the governor may return the proceedings for revision or for the taking of further testimony. The action of the board when finally approved by the governor is final and conclusive and constitutes the fixed award for the injury or loss and is a debt of the state of Washington.))

OFFICER PROMOTION BOARD

NEW SECTION. Sec. 40. The following acts or parts of acts are each repealed:

(1) RCW 38.12.095 and 1989 c 19 s 16 & 1974 ex.s. c 34 s 1;

(2) RCW 38.12.115 and 1989 c 19 s 17 & 1974 ex.s. c 34 s 3;

(3) RCW 38.12.125 and 1989 c 19 s 18 & 1974 ex.s. c 34 s 4; and

(4) RCW 38.12.135 and 1974 ex.s. c 34 s 5.

Sec. 41. RCW 38.12.105 and 1974 ex.s. c 34 s 2 are each amended to read as follows:

All promotions of commissioned officers in the organized militia will be made on a best-qualified basis. ((~~The officer promotion board will select the best-qualified officer for each promotion from among those officers fully qualified for promotion.~~)) To be promoted, the ((~~selected~~)) officer must ((~~also~~)) meet the requirements of RCW 38.12.070. In no event will seniority be the sole guideline for selecting the officer to be promoted. ((~~The officer promotion board will,~~)) In determining the best qualified officer, ((~~consider~~)) the overall qualifications of an officer must be considered and not just the qualifications for one position.

MINORITY AND WOMEN'S BUSINESSES ADVISORY COMMITTEE

Sec. 42. RCW 39.19.030 and 1989 c 175 s 85 are each amended to read as follows:

There is hereby created the office of minority and women's business enterprises. The governor shall appoint a director for the office, subject to confirmation by the senate. The director may employ a deputy director and a confidential secretary, both of which shall be exempt under chapter 41.06 RCW, and such staff as are necessary to carry out the purposes of this chapter.

The office shall ((~~consult with the minority and women's business enterprises advisory committee to~~)):

(1) Develop, plan, and implement programs to provide an opportunity for participation by qualified minority and women-owned and controlled businesses in public works and the process by which goods and services are procured by state agencies and educational institutions from the private sector;

(2) Develop a comprehensive plan insuring that qualified minority and women-owned and controlled businesses are provided an opportunity to participate in public contracts for public works and goods and services;

(3) Identify barriers to equal participation by qualified minority and women-owned and controlled businesses in all state agency and educational institution contracts;

(4) Establish annual overall goals for participation by qualified minority and women-owned and controlled businesses for each state agency and educational institution to be administered on a contract-by-contract basis or on a class-of-contracts basis;

(5) Develop and maintain a central minority and women's business enterprise certification list for all state agencies and educational institutions. No business is entitled to certification under this chapter unless it meets the definition of small business concern as established by the office. All applications for certification under this chapter shall be sworn under oath;

(6) Develop, implement, and operate a system of monitoring compliance with this chapter;

(7) Adopt rules under chapter 34.05 RCW, the Administrative Procedure Act, governing: (a) Establishment of agency goals; (b) development and maintenance of a central minority and women's business enterprise certification program, including a definition of "small business concern" which shall be consistent with the small business requirements defined under section 3 of the Small Business Act, 15 U.S.C. Sec. 632, and its implementing regulations as guidance; (c) procedures for monitoring and enforcing compliance with goals, regulations, contract provisions, and this chapter; and (d) utilization of standard clauses by state agencies and educational institutions, as specified in RCW 39.19.050;

(8) Submit an annual report to the governor and the legislature outlining the progress in implementing this chapter;

(9) Investigate complaints of violations of this chapter with the assistance of the involved agency or educational institution; and

(10) Cooperate and act jointly or by division of labor with the United States or other states, and with political subdivisions of the state of Washington and their respective minority, socially and economically disadvantaged and women business enterprise programs to carry out the purposes of this chapter. However, the power which may be exercised by the office under this subsection permits investigation and imposition of sanctions only if the investigation relates to a possible violation of chapter 39.19 RCW, and not to violation of local ordinances, rules, regulations, however denominated, adopted by political subdivisions of the state.

NEW SECTION. Sec. 43. RCW 39.19.040 and 1985 c 466 s 45 & 1983 c 120 s 4 are each repealed.

Sec. 44. RCW 43.131.348 and 1987 c 328 s 16 are each amended to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are repealed, effective June 30, 1996:

(1) Section 1, chapter 120, Laws of 1983, section 1, chapter 328, Laws of 1987 and RCW 39.19.010;

(2) Section 2, chapter 120, Laws of 1983, section 2, chapter 328, Laws of 1987 and RCW 39.19.020;

(3) Section 3, chapter 120, Laws of 1983, section 3, chapter 328, Laws of 1987 and RCW 39.19.030;

(4) ((~~Section 4, chapter 120, Laws of 1983, section 45, chapter 466, Laws of 1985 and RCW 39.19.040;~~

~~(5)~~)) Section 5, chapter 120, Laws of 1983 and RCW 39.19.050;

((~~(6)~~)) (5) Section 6, chapter 120, Laws of 1983 and RCW 39.19.060;

((~~(7)~~)) (6) Section 7, chapter 120, Laws of 1983, section 4, chapter 328, Laws of 1987 and RCW 39.19.070;

((~~(8)~~)) (7) Section 8, chapter 120, Laws of 1983, section 5, chapter 328, Laws of 1987 and RCW 39.19.080;

((~~(9)~~)) (8) Section 9, chapter 120, Laws of 1983, section 6, chapter 328, Laws of 1987 and RCW 39.19.090;

((~~(10)~~)) (9) Section 7, chapter 328, Laws of 1987 and RCW 39.19.120;

((~~(11)~~)) (10) Section 8, chapter 328, Laws of 1987 and RCW 39.19.130;

((~~(12)~~)) (11) Section 9, chapter 328, Laws of 1987 and RCW 39.19.140;

((~~(13)~~)) (12) Section 10, chapter 328, Laws of 1987 and RCW 39.19.150;

((~~(14)~~)) (13) Section 11, chapter 328, Laws of 1987 and RCW 39.19.160;

((~~(15)~~)) (14) Section 12, chapter 328, Laws of 1987 and RCW 39.19.100; and

((~~(16)~~)) (15) Section 13, chapter 328, Laws of 1987 and RCW 39.19.110.

MOTORCYCLE SAFETY EDUCATION ADVISORY BOARD

Sec. 45. RCW 46.20.520 and 1987 c 454 s 3 are each amended to read as follows:

(1) The director of licensing shall use moneys designated for the motorcycle safety education account of the highway safety fund to implement by July 1, 1983, a voluntary motorcycle operator training and education program. The director may contract with public and private entities to implement this program.

(2) ((There is created a motorcycle safety education advisory board to assist the director of licensing in the development of a motorcycle operator training education program. The board shall monitor this program following implementation and report to the director of licensing as necessary with recommendations including, but not limited to, administration, application, and substance of the motorcycle operator training and education program.

The board shall consist of five members appointed by the director of licensing. Three members of the board, one of whom shall be appointed chairperson, shall be active motorcycle riders or members of nonprofit motorcycle organizations which actively support and promote motorcycle safety education. One member shall be a currently employed Washington state patrol motorcycle officer with at least five years experience and at least one year cumulative experience as a motorcycle officer. One member shall be a member of the public. The term of appointment shall be two years. The board shall meet at the call of the director, but not less than two times annually and not less than five times during its term of appointment, and shall receive no compensation for services but shall be reimbursed for travel expenses while engaged in business of the board in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.

(3) The board shall submit a proposed motorcycle operator training and education program to the director and to the legislative transportation committee for review and approval on or before January 1, 1988.

~~(4)~~)) The priorities of the program shall be in the following order of priority:

(a) Public awareness of motorcycle safety.

(b) Motorcycle safety education programs conducted by public and private entities.

(d) Improved motorcycle operator testing.

NUCLEAR WASTE ADVISORY COUNCIL

NEW SECTION. Sec. 46. The following acts or parts of acts are each repealed:

(1) RCW 43.200.050 and 1989 c 322 s 4, 1984 c 161 s 6, & 1983 1st ex.s. c 19 s 5; and

(2) RCW 43.200.150 and 1989 c 322 s 6, 1985 c 293 s 4, & 1984 c 161 s 14.

NURSING HOME ADVISORY COUNCIL

Sec. 47. RCW 18.51.070 and 1979 ex.s. c 211 s 64 are each amended to read as follows:

The department, after consultation with the ((~~nursing home advisory council and the~~)) board of health, shall adopt, amend, and promulgate such rules((~~, regulations,~~)) and standards with respect to all nursing homes to be licensed hereunder as may be designed to further the accomplishment of the purposes of this chapter in promoting safe and adequate medical and nursing care of individuals in nursing homes and the sanitary, hygienic and safe conditions of the nursing home in the interest of public health, safety, and welfare.

PACIFIC RIM SCHOLARSHIP SCREENING COMMITTEE

Sec. 48. RCW 28B.107.020 and 1990 c 243 s 3 are each amended to read as follows:

The Washington state Pacific Rim language scholarship program is created. The program shall be administered by the higher education coordinating board. In administering the program, the board shall have the following powers and duties:

(1) Select students to receive the scholarships ((~~with the assistance of a screening committee composed of leaders in government, business, and education~~));

(2) Adopt necessary rules and guidelines;

(3) Publicize the program; and

(4) Solicit and accept grants and donations from public and private sources for the program.

PLUMBERS' ADVISORY BOARD

Sec. 49. RCW 18.106.040 and 1977 ex.s. c 149 s 4 are each amended to read as follows:

Upon receipt of the application and evidence set forth in RCW 18.106.030, the director shall review the same and make a determination as to whether the applicant is eligible to take an examination for the certificate of competency. To be eligible to take the examination each applicant for a journeyman plumber's certificate of competency shall furnish written evidence that he or she has either completed a course of study in the plumbing trade in the armed services of the United States or at a school accredited by the coordinating council on occupational education; or that he has four or more years of experience under the direct supervision of a licensed journeyman plumber. Each applicant for a specialty plumber's certificate of competency shall furnish written evidence that he or she has either completed a course of study in the plumbing trade in the armed services of the United States ((~~or at a school accredited by the commission for vocational education or its designee~~)), or that he or she has had at least three years practical experience in his specialty. No other requirement for eligibility may be imposed. The director shall establish reasonable rules and regulations for the examinations to be given applicants for certificates of competency. ((~~In establishing said rules, regulations, and criteria, the director shall consult with the state advisory board of plumbers as established in RCW 18.106.110.~~)) Upon determination that the applicant is eligible to take the examination, the director shall so notify him, indicating the time and place for taking the same.

Sec. 50. RCW 18.106.010 and 1983 c 124 s 1 are each amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meaning:

(1) ((~~"Advisory board" means the state advisory board of plumbers;~~

~~(2)~~)) "Department" means the department of labor and industries;

((~~(3)~~)) (2) "Director" means the director of department of labor and industries;

((~~(4)~~)) (3) "Journeyman plumber" means any person who has been issued a certificate of competency by the department of labor and industries as provided in this chapter;

((~~(5)~~)) (4) "Specialty plumber" means anyone who has been issued a specialty certificate of competency limited to installation, maintenance, and repair of the plumbing of single family dwellings, duplexes, and apartment buildings which do not exceed three stories;

((~~(6)~~)) (5) "Plumbing" means that craft involved in installing, altering, repairing and renovating potable water systems and liquid waste systems within a building: PROVIDED, That installation in a water system of water softening or water treatment equipment shall not be within the meaning of plumbing as used in this chapter.

NEW SECTION. Sec. 51. RCW 18.106.110 and 1975-'76 2nd ex.s. c 34 s 56 & 1973 1st ex.s. c 175 s 11 are each repealed.

PROFESSIONAL ATHLETIC COMMISSION

NEW SECTION. Sec. 52. The following acts or parts of acts are each repealed:

(1) RCW 67.08.001 and 1989 c 127 s 5, 1988 c 19 s 1, 1981 c 337 s 1, & 1933 c 184 s 1;

(2) RCW 67.08.002 and 1989 c 127 s 1;

(3) RCW 67.08.003 and 1984 c 287 s 99 & 1977 c 9 s 1;

(4) RCW 67.08.005 and 1981 c 337 s 2 & 1933 c 184 s 3;

(5) RCW 67.08.007 and 1959 c 305 s 2 & 1933 c 184 s 4;

(6) RCW 67.08.009 and 1933 c 184 s 5;

(7) RCW 67.08.010 and 1989 c 127 s 13, 1975-'76 2nd ex.s. c 48 s 2, & 1933 c 184 s 7;

(8) RCW 67.08.015 and 1989 c 127 s 14 & 1977 c 9 s 2;

(9) RCW 67.08.030 and 1989 c 127 s 6 & 1933 c 184 s 9;

(10) RCW 67.08.040 and 1975-'76 2nd ex.s. c 48 s 4 & 1933 c 184 s 10;

(11) RCW 67.08.050 and 1989 c 127 s 7 & 1933 c 184 s 11;

(12) RCW 67.08.055 and 1989 c 127 s 15 & 1975-'76 2nd ex.s. c 48 s 5;

(13) RCW 67.08.060 and 1989 c 127 s 16, 1988 c 19 s 2, 1975-'76 2nd ex.s. c 34 s 154, 1959 c 305 s 4, & 1933 c 184 s 12;

(14) RCW 67.08.080 and 1989 c 127 s 8, 1974 ex.s. c 45 s 1, 1959 c 305 s 5, & 1933 c 184 s 14;

(15) RCW 67.08.090 and 1989 c 127 s 9 & 1933 c 184 s 15;

(16) RCW 67.08.100 and 1989 c 127 s 10, 1959 c 305 s 6, & 1933 c 184 s 16;

(17) RCW 67.08.110 and 1989 c 127 s 11 & 1933 c 184 s 17;

(18) RCW 67.08.120 and 1989 c 127 s 12 & 1933 c 184 s 18;

(19) RCW 67.08.130 and 1933 c 184 s 19;

(20) RCW 67.08.140 and 1989 c 127 s 17, 1988 c 19 s 3, 1959 c 305 s 7, 1951 c 48 s 1, & 1933 c 184 s 22;

(21) RCW 67.08.150 and 1933 c 184 s 24;

(22) RCW 67.08.160 and 1989 c 127 s 2;

(23) RCW 67.08.170 and 1989 c 127 s 3;

(24) RCW 67.08.180 and 1989 c 127 s 4; and

(25) RCW 67.08.900 and 1933 c 184 s 25.

PUPIL TRANSPORTATION

Sec. 53. RCW 46.61.380 and 1984 c 7 s 70 are each amended to read as follows:

The state superintendent of public instruction((~~, by and with the advice of the state department of transportation and the chief of the Washington state patrol,~~)) shall adopt and enforce rules not inconsistent with the law of this state to govern the design, marking, and mode of operation of all school buses owned and operated by any school district or privately owned and operated under contract or otherwise with any school district in this state for the transportation of school children. Those rules shall by reference be made a part of any such contract or other agreement with the school district. Every school district, its officers and employees, and every person employed under contract or otherwise by a school district is subject to such rules. It is unlawful for any officer or employee of any school district or for any person operating any school bus under contract with any school district to violate any of the provisions of such rules.

RADIOLOGIC TECHNOLOGY ADVISORY COMMITTEE

Sec. 54. RCW 18.84.020 and 1991 c 222 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) "Department" means the department of health.

(2) "Secretary" means the secretary of health.

(3) "Licensed practitioner" means any licensed health care practitioner performing services within the person's authorized scope of practice.

(4) "Radiologic technologist" means an individual certified under this chapter, other than a licensed practitioner, who practices radiologic technology as a:

(a) Diagnostic radiologic technologist, who is a person who actually handles x-ray equipment in the process of applying radiation on a human being for diagnostic purposes at the direction of a licensed practitioner; or

(b) Therapeutic radiologic technologist, who is a person who uses radiation-generating equipment for therapeutic purposes on human subjects at the direction of a licensed practitioner; or

(c) Nuclear medicine technologist, who is a person who prepares radiopharmaceuticals and administers them to human beings for diagnostic and therapeutic purposes and who performs in vivo and in vitro detection and measurement of radioactivity for medical purposes at the direction of a licensed practitioner.

(5) ((~~"Advisory committee" means the Washington state radiologic technology advisory committee.~~

~~(6)~~)) "Approved school of radiologic technology" means a school of radiologic technology approved by the council on medical education of the American medical association or a school found to maintain the equivalent of such a course of study as determined by the department. Such school may be operated by a medical or educational institution, and for the purpose of providing the requisite clinical experience, shall be affiliated with one or more general hospitals.

((~~(7)~~)) (6) "Radiologic technology" means the use of ionizing radiation upon a human being for diagnostic or therapeutic purposes.

((~~(8)~~)) (7) "Radiologist" means a physician certified by the American board of radiology or the American osteopathic board of radiology.

((~~(9)~~)) (8) "Registered x-ray technician" means a person who is registered with the department, and who applies ionizing radiation at the direction of a licensed practitioner.

Sec. 55. RCW 18.84.040 and 1991 c 222 s 11 are each amended to read as follows:

(1) In addition to any other authority provided by law, the secretary may ((~~in consultation with the advisory committee~~)):

(a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;

(b) Set all registration, certification, and renewal fees in accordance with RCW 43.70.250;

(d) Evaluate and designate those schools from which graduation will be accepted as proof of an applicant's eligibility to receive a certificate;

(e) Determine whether alternative methods of training are equivalent to formal education, and to establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to receive a certificate;

(f) Issue a certificate to any applicant who has met the education, training, and conduct requirements for certification; and

(g) Issue a registration to an applicant who meets the requirement for a registration.

(2) The secretary may hire clerical, administrative, and investigative staff as needed to implement this chapter.

(3) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of registrations and certifications, unregistered and uncertified practice, and the discipline of registrants and certificants under this chapter. The secretary is the disciplining authority under this chapter.

NEW SECTION. Sec. 56. RCW 18.84.060 and 1991 c 3 s 207 & 1987 c 412 s 7 are each repealed.

Sec. 57. RCW 18.84.090 and 1991 c 3 s 210 are each amended to read as follows:

The secretary((~~, in consultation with the advisory committee,~~)) shall establish by rule the standards and procedures for approval of schools and alternate training, and may contract with individuals or organizations having expertise in the profession or in education to assist in evaluating those applying for approval. The standards and procedures set shall apply equally to schools and training within the United States and those in foreign jurisdictions.

Sec. 58. RCW 18.84.110 and 1991 c 3 s 212 are each amended to read as follows:

The secretary((~~, in consultation with the advisory committee,~~)) shall establish by rule the requirements and fees for renewal of certificates. Failure to renew invalidates the certificate and all privileges granted by the certificate. In the event a certificate has lapsed for a period longer than three years, the certificant shall demonstrate competence to the satisfaction of the secretary by continuing education or under the other standards determined by the secretary.

SEA CUCUMBER, SEA URCHIN, WHITING REVIEW BOARDS

Sec. 59. RCW 75.30.050 and 1990 c 61 s 3 are each amended to read as follows:

(1) The director shall appoint three-member advisory review boards to hear cases as provided in RCW 75.30.060. Members shall be from:

(a) The salmon charter boat fishing industry in cases involving salmon charter boat licenses or angler permits;

(b) The commercial salmon fishing industry in cases involving commercial salmon licenses;

(d) The commercial herring fishery in cases involving herring validations((;

~~(e) The commercial Puget Sound whiting fishery in cases involving Puget Sound whiting license endorsements;~~

~~(f) The commercial sea urchin fishery in cases involving sea urchin endorsements to shellfish diver licenses; and~~

~~(g) The commercial sea cucumber fishery in cases involving sea cucumber endorsements to shellfish diver licenses~~)).

(2) Members shall serve at the discretion of the director and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

Sec. 60. RCW 75.30.210 and 1990 c 62 s 2 are each amended to read as follows:

(1) After October 1, 1990, it is unlawful to commercially take any species of sea urchin using shellfish diver gear without first obtaining a sea urchin endorsement to accompany a shellfish diver license. A sea urchin endorsement to a shellfish diver license issued under RCW 75.28.130(5) shall be limited to those vessels which:

(a) Held a commercial shellfish diver license, excluding clams, during calendar years 1988 and 1989 or had transferred to the vessel such a license;

(b) Have not transferred the license to another vessel; and

(c) Can establish, by means of dated shellfish receiving documents issued by the department, that twenty thousand pounds of sea urchins were caught and landed under the license during the period of April 1, 1986, through March 31, 1988.

Endorsements issued under this section are a new licensing condition, and the continuing license provisions of RCW 34.05.422(3) are not applicable.

(2) In addition to the requirements of subsection (1) of this section, after December 31, 1991, sea urchin endorsements to shellfish diver licenses issued under RCW 75.28.130(5) may be issued only to vessels:

(a) Which held a sea urchin endorsement to a shellfish diver license during the previous year or had transferred to the vessel such a license; and

(b) From which twenty thousand pounds of sea urchins were caught and landed in this state during the two-year period ending March 31 of an odd-numbered year, as documented by valid shellfish receiving documents issued by the department.

Where failure to obtain the license during the previous year was the result of a license suspension or revocation by the department, the vessel may qualify for a license by establishing that the vessel held such a license during the last year in which it was eligible.

(3) The director may reduce or waive any landing requirement established under this section ((~~upon the recommendation of a board of review established under RCW 75.30.050. The board of review may recommend a reduction or waiver of the landing requirement in individual cases~~)) if in the ((~~board's~~)) director's judgment, extenuating circumstances prevent achievement of the landing requirement. The director shall adopt rules ((~~governing the operation of the board of review and~~)) defining "extenuating circumstances."

(4) Sea urchin endorsements issued under this section are not transferable from one owner to another owner, except from parent to child, or from spouse to spouse during marriage or as a result of marriage dissolution, or upon the death of the owner. This restriction applies to all changes in the vessel owner's name on the license, including (a) changes during the license year, and (b) changes during the license renewal process between years. This restriction does not prevent changes in vessel operator or transfers between vessels when the vessel owner remains unchanged. Upon request of a vessel owner, the director may issue a temporary permit to allow the vessel owner to use the license endorsement on a leased or rented vessel.

(5) If less than forty-five vessels are eligible for sea urchin endorsements, the director may accept applications for new endorsements. The director shall determine by random selection the successful applicants for the additional endorsements. The number of additional endorsements issued shall be sufficient to maintain up to forty-five vessels in the sea urchin fishery. The director shall adopt rules governing the application, selection, and issuance procedure for new sea urchin endorsements((~~, based upon recommendations of a board of review established under RCW 75.30.050~~)).

Sec. 61. RCW 75.30.250 and 1990 c 61 s 2 are each amended to read as follows:

(1) After April 30, 1990, it is unlawful to commercially take while using shellfish diver gear any species of sea cucumber without first obtaining a sea cucumber endorsement to accompany a shellfish diver license. A sea cucumber endorsement to a shellfish diver license issued under RCW 75.28.130(5) shall be limited to those vessels which:

(a) Held a commercial shellfish diver license (excluding clams), between January 1, 1989, and December 31, 1989, or had transferred to the vessel such a license, and held a permit for harvest of sea cucumbers in 1989;

(b) Have not transferred the license to another vessel;

(c) Can establish, by means of dated shellfish receiving documents issued by the department, that thirty landings of sea cucumbers were made under the license during the period of January 1, 1988, through December 31, 1989; and

(d) Endorsements issued under this section are a new licensing condition, and the continuing license provisions of RCW 34.05.422(3) are not applicable.

(2) In addition to the requirements of subsection (1) of this section, after December 31, 1991, sea cucumber endorsements to shellfish diver licenses issued under RCW 75.28.130(5) may be issued only to vessels which:

(a) Held a sea cucumber endorsement to a shellfish diver license during the previous two years or had transferred to the vessel such a license; and

(b) Can establish, by means of dated shellfish receiving documents issued by the department, that thirty landings of sea cucumbers totaling at least ten thousand pounds were made under the license during the previous two-year period ending December 31 of the odd-numbered year.

Where failure to obtain the license during either of the previous two years was the result of a license suspension by the department or the court, the vessel may qualify for a license by establishing that the vessel held such a license and a sea cucumber endorsement during the last year in which it was eligible.

(3) The director may reduce or waive any landing or poundage requirement established under this section ((~~upon the recommendation of a board of review established under RCW 75.30.050. The board of review may recommend a reduction or waiver of any landing or poundage requirement in individual cases~~)) if in the ((~~board's~~)) director's judgment, extenuating circumstances prevent achievement of the landing or poundage requirement. The director shall adopt rules ((~~governing the operation of the board of review and~~)) defining "extenuating circumstances."

(4) Sea cucumber endorsements issued under this section are not transferrable from one owner to another owner except from parent to child, from spouse to spouse during marriage or as a result of marriage dissolution, or upon death of the owner. This restriction does not prevent changes in vessel operator or transfers between vessels when the vessel owner remains unchanged.

(5) If less than fifty vessels are eligible for sea cucumber endorsements, the director may accept applications for new endorsements from those persons who can demonstrate two years' experience in the Washington state sea cucumber diver fishery. The director shall determine by random selection the successful applicants for the additional endorsements. The number of additional endorsements issued shall be sufficient to maintain up to fifty vessels in the sea cucumber fishery. The director shall adopt rules governing the application, selection, and issuance procedure for new sea cucumber endorsements((~~, based upon recommendations of a board of review established under RCW 75.30.050~~)).

SHORTHAND REPORTER ADVISORY BOARD

Sec. 62. RCW 18.145.030 and 1989 c 382 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) "Department" means the department of licensing.

(2) "Director" means the director of licensing.

(3) "Shorthand reporter" and "court reporter" mean an individual certified under this chapter.

((~~(4) "Board" means the Washington state shorthand reporter advisory board.~~))

NEW SECTION. Sec. 63. RCW 18.145.060 and 1989 c 382 s 7 are each repealed.

TEACHER ASSISTANCE PROGRAM TASK FORCE

Sec. 64. RCW 28A.415.250 and 1991 c 116 s 19 are each amended to read as follows:

The superintendent of public instruction shall adopt rules to establish and operate a teacher assistance program. For the purposes of this section, the terms "mentor teachers," "beginning teachers," and "experienced teachers" may include any person possessing any one of the various certificates issued by the superintendent of public instruction under RCW 28A.410.010. The program shall provide for:

(1) Assistance by mentor teachers who will provide a source of continuing and sustained support to beginning teachers, or experienced teachers, or both, both in and outside the classroom. A mentor teacher may not be involved in evaluations under RCW 28A.405.100 of a teacher who receives assistance from said mentor teacher under the teacher assistance program established under this section. The mentor teachers shall also periodically inform their principals respecting the contents of training sessions and other program activities;

(2) Stipends for mentor teachers and beginning teachers which shall not be deemed compensation for the purposes of salary lid compliance under RCW 28A.58.095: PROVIDED, That stipends shall not be subject to the continuing contract provisions of this title;

(3) Workshops for the training of mentor and beginning teachers;

(4) The use of substitutes to give mentor teachers, beginning teachers, and experienced teachers opportunities to jointly observe and evaluate teaching situations and to give mentor teachers opportunities to observe and assist beginning and experienced teachers in the classroom;

(5) Mentor teachers who are superior teachers based on their evaluations, pursuant to RCW 28A.405.010 through 28A.405.240, and who hold valid continuing certificates;

(6) Mentor teachers shall be selected by the district. If a bargaining unit, certified pursuant to RCW 41.59.090 exists within the district, classroom teachers representing the bargaining unit shall participate in the mentor teacher selection process((~~; and~~

(7) Periodic consultation by the superintendent of public instruction or the superintendent's designee with representatives of educational organizations and associations, including educational service districts and public and private institutions of higher education, for the purposes of improving communication and cooperation and program review)).

FUTURE TEACHER CONDITIONAL SCHOLARSHIP ADVISORY COMMITTEE

NEW SECTION. Sec. 65. RCW 28B.102.040 and 1987 c 437 s 4 are each repealed.

WINTER RECREATION ADVISORY COMMITTEE

Sec. 66. RCW 43.51.300 and 1990 c 49 s 3 are each amended to read as follows:

The fee for the issuance of special winter recreational area parking permits shall be determined by the commission ((~~after consultation with the winter recreation advisory committee~~)). If the person making application therefor is also the owner of a snowmobile registered pursuant to chapter 46.10 RCW, there shall be no fee for the issuance of an annual permit. All special winter recreational area parking permits shall commence and expire on the dates established by the commission.

Sec. 67. RCW 43.51.320 and 1982 c 11 s 4 are each amended to read as follows:

The commission may((~~, after consultation with the winter recreation advisory committee,~~)) adopt rules and regulations prohibiting or restricting overnight parking at any special state winter recreational parking areas owned or administered by it. Where such special state winter recreational parking areas are administered by the commission pursuant to an agreement with other public agencies, such agreement may provide for prohibition or restriction of overnight parking.

Sec. 68. RCW 43.51.330 and 1982 c 11 s 5 are each amended to read as follows:

The commission may adopt such rules as are necessary to implement and enforce RCW 43.51.290 through 43.51.320 and 46.61.585 ((~~after consultation with the winter recreation advisory committee~~)).

NEW SECTION. Sec. 69. RCW 43.51.340 and 1990 c 49 s 1, 1989 c 175 s 107, 1988 c 36 s 16, 1987 c 330 s 1101, 1986 c 47 s 2, 1982 c 11 s 6, & 1975 1st ex.s. c 209 s 8 are each repealed.

COMMUTE TRIP REDUCTION TASK FORCE

Sec. 70. RCW 70.94.527 and 1991 c 202 s 12 are each amended to read as follows:

(1) Each county with a population over one hundred fifty thousand, and each city or town within those counties containing a major employer shall, by October 1, 1992, adopt by ordinance and implement a commute trip reduction plan for all major employers. The plan shall be developed in cooperation with local transit agencies, regional transportation planning organizations as established in RCW 47.80.020, major employers, and the owners of and employers at major worksites. The plan shall be designed to achieve reductions in the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee by employees of major public and private sector employers in the jurisdiction.

(2) All other counties, and cities and towns in those counties, may adopt and implement a commute trip reduction plan.

(3) The department of ecology may, after consultation with the state energy office, as part of the state implementation plan for areas that do not attain the national ambient air quality standards for carbon monoxide or ozone, require municipalities other than those identified in subsection (1) of this section to adopt and implement commute trip reduction plans if the department determines that such plans are necessary for attainment of said standards.

(4) A commute trip reduction plan shall be consistent with the guidelines established under RCW 70.94.537 and shall include but is not limited to (a) goals for reductions in the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee; (b) designation of commute trip reduction zones; (c) requirements for major public and private sector employers to implement commute trip reduction programs; (d) a commute trip reduction program for employees of the county, city, or town; (e) a review of local parking policies and ordinances as they relate to employers and major worksites and any revisions necessary to comply with commute trip reduction goals and guidelines; (f) an appeals process by which major employers, who as a result of special characteristics of their business or its locations would be unable to meet the requirements of a commute trip reduction plan, may obtain waiver or modification of those requirements; and (g) means for determining base year values of the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee and progress toward meeting commute trip reduction plan goals on an annual basis. Goals which are established shall take into account existing transportation demand management efforts which are made by major employers. Each jurisdiction shall ensure that employers shall receive full credit for the results of transportation demand management efforts and commute trip reduction programs which have been implemented by major employers prior to the base year. The goals for miles traveled per employee for all major employers shall not be less than a fifteen percent reduction from the base year value of the commute trip reduction zone in which their worksite is located by January 1, 1995, twenty-five percent reduction from the base year values by January 1, 1997, and thirty-five percent reduction from the base year values by January 1, 1999.

(5) A county, city, or town may, as part of its commute trip reduction plan, require commute trip reduction programs for employers with ten or more full time employees at major worksites in federally designated nonattainment areas for carbon monoxide and ozone. The county, city or town shall develop the programs in cooperation with affected employers and provide technical assistance to the employers in implementing such programs.

(6) The commute trip reduction plans adopted by counties, cities, and towns under this chapter shall be consistent with and may be incorporated in applicable state or regional transportation plans and local comprehensive plans and shall be coordinated, and consistent with, the commute trip reduction plans of counties, cities, or towns with which the county, city, or town has, in part, common borders or related regional issues. Such regional issues shall include assuring consistency in the treatment of employers who have worksites subject to the requirements of this chapter in more than one jurisdiction. Counties, cities, or towns adopting commute trip reduction plans may enter into agreements through the interlocal cooperation act or by resolution or ordinance as appropriate with other jurisdictions, local transit agencies, or regional transportation planning organizations to coordinate the development and implementation of such plans. Counties, cities, or towns adopting a commute trip reduction plan shall review it annually and revise it as necessary to be consistent with applicable plans developed under RCW 36.70A.070.

(7) ((Each county, city, or town implementing a commute trip reduction program shall, within thirty days submit a summary of its plan along with certification of adoption to the commute trip reduction task force established under RCW 70.94.537.

(8) Each county, city, or town implementing a commute trip reduction program shall submit an annual progress report to the commute trip reduction task force established under RCW 70.94.537. The report shall be due July 1, 1994, and each July 1 thereafter through July 1, 2000. The report shall describe progress in attaining the applicable commute trip reduction goals for each commute trip reduction zone and shall highlight any problems being encountered in achieving the goals. The information shall be reported in a form established by the commute trip reduction task force.

(9) Any waivers or modifications of the requirements of a commute trip reduction plan granted by a jurisdiction shall be submitted for review to the commute trip reduction task force established under RCW 70.94.537. The commute trip reduction task force may not deny the granting of a waiver or modification of the requirements of a commute trip reduction plan by a jurisdiction but they may notify the jurisdiction of any comments or objections.

~~(10)~~)) Each county, city, or town implementing a commute trip reduction program shall count commute trips eliminated through work-at-home options or alternate work schedules as one and two-tenths vehicle trips eliminated for the purpose of meeting trip reduction goals.

((~~(11)~~)) (8) Plans implemented under this section shall not apply to commute trips for seasonal agricultural employees.

((~~(12)~~)) (9) Plans implemented under this section shall not apply to construction worksites when the expected duration of the construction project is less than two years.

NEW SECTION. Sec. 71. RCW 70.94.537 and 1991 c 202 s 15 are each repealed.

Sec. 72. RCW 70.94.541 and 1991 c 202 s 16 are each amended to read as follows:

(1) A technical assistance team shall be established under the direction of the state energy office and include representatives of the departments of transportation and ecology. The team shall provide staff support to the ((~~commute trip reduction task force in carrying out the requirements of RCW 70.94.537 and to the~~)) department of general administration in carrying out the requirements of RCW 70.94.551.

(2) The team shall provide technical assistance to counties, cities, and towns, the department of general administration, other state agencies, and other employers in developing and implementing commute trip reduction plans and programs. The technical assistance shall include: (a) Guidance in determining base and subsequent year values of single-occupant vehicle commuting proportion and commute trip reduction vehicle miles traveled to be used in determining progress in attaining plan goals; (b) developing model plans and programs appropriate to different situations; and (c) providing consistent training and informational materials for the implementation of commute trip reduction programs. Model plans and programs, training and informational materials shall be developed in cooperation with representatives of local governments, transit agencies, and employers.

(3) In carrying out this section the state energy office and department of transportation may contract with state-wide associations representing cities, towns, and counties to assist cities, towns, and counties in implementing commute trip reduction plans and programs.

Sec. 73. RCW 70.94.544 and 1991 c 202 s 17 are each amended to read as follows:

A portion of the funds made available for the purposes of this chapter shall be used to fund the ((~~commute trip reduction task force in carrying out the responsibilities of RCW 70.94.541, and the~~)) interagency technical assistance team, including the activities authorized under RCW 70.94.541(2), and to assist counties, cities, and towns implementing commute trip reduction plans. Funds shall be provided to the counties in proportion to the number of major employers and major worksites in each county. The counties shall provide funds to cities and towns within the county which are implementing commute trip reduction plans in proportion to the number of major employers and major worksites within the city or town.

Sec. 74. RCW 70.94.551 and 1991 c 202 s 19 are each amended to read as follows:

(1) The director of general administration, with the concurrence of an interagency task force established for the purposes of this section, shall coordinate a commute trip reduction plan for state agencies which are phase 1 major employers by January 1, 1993. The task force shall include representatives of the state energy office, the departments of transportation and ecology and such other departments as the director of general administration determines to be necessary to be generally representative of state agencies. The state agency plan shall be consistent with the requirements of RCW 70.94.527 and 70.94.531 and shall be developed in consultation with state employees, local and regional governments, local transit agencies, the business community, and other interested groups. The plan shall consider and recommend policies applicable to all state agencies including but not limited to policies regarding parking and parking charges, employee incentives for commuting by other than single-occupant automobiles, flexible and alternative work schedules, alternative worksites, and the use of state-owned vehicles for car and van pools. The plan shall also consider the costs and benefits to state agencies of achieving commute trip reductions and consider mechanisms for funding state agency commute trip reduction programs. ((~~The department shall, within thirty days, submit a summary of its plan along with certification of adoption to the commute trip reduction task force established under RCW 70.94.537.~~))

(2) Not more than three months after the adoption of the commute trip reduction plan, each state agency shall, for each facility which is a major employer, develop a commute trip reduction program. The program shall be designed to meet the goals of the commute trip reduction plan of the county, city, or town or, if there is no local commute trip reduction plan, the state. The program shall be consistent with the policies of the state commute trip reduction plan and RCW 70.94.531. The agency shall submit a description of that program to the local jurisdiction implementing a commute trip reduction plan or, if there is no local commute trip reduction plan, to the department of general administration. The program shall be implemented not more than three months after submission to the department. Annual reports required in RCW 70.94.531(2)(c) shall be submitted to the local jurisdiction implementing a commute trip reduction plan and to the department of general administration. An agency which is not meeting the applicable commute trip reduction goals shall, to the extent possible, modify its program to comply with the recommendations of the local jurisdiction or the department of general administration.

(3) State agencies sharing a common location may develop and implement a joint commute trip reduction program or may delegate the development and implementation of the commute trip reduction program to the department of general administration.

(4) The department of general administration in consultation with the state technical assistance team shall review the initial commute trip reduction program of each state agency subject to the commute trip reduction plan for state agencies to determine if the program is likely to meet the applicable commute trip reduction goals and notify the agency of any deficiencies. If it is found that the program is not likely to meet the applicable commute trip reduction goals, the team will work with the agency to modify the program as necessary.

(5) For each agency subject to the state agency commute trip reduction plan, the department of general administration in consultation with the technical assistance team shall annually review progress toward meeting the applicable commute trip reduction goals. If it appears an agency is not meeting or is not likely to meet the applicable commute trip reduction goals, the team shall work with the agency to make modifications to the commute trip reduction program.

(((6) The department of general administration shall submit an annual progress report for state agencies subject to the state agency commute trip reduction plan to the commute trip reduction task force established under RCW 70.94.537. The report shall be due April 1, 1993, and each April 1 through 2000. The report shall report progress in attaining the applicable commute trip reduction goals for each commute trip reduction zone and shall highlight any problems being encountered in achieving the goals. The information shall be reported in a form established by the commute trip reduction task force.))

BASIC HEALTH PLAN ADVISORY COMMITTEE

Sec. 75. RCW 70.47.040 and 1987 1st ex.s. c 5 s 6 are each amended to read as follows:

(1) The Washington basic health plan is created as an independent agency of the state. The administrative head and appointing authority of the plan shall be the administrator who shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The salary for this office shall be set by the governor pursuant to RCW 43.03.040. The administrator shall appoint a medical director. The administrator, medical director, and up to five other employees shall be exempt from the civil service law, chapter 41.06 RCW.

(2) The administrator shall employ such other staff as are necessary to fulfill the responsibilities and duties of the administrator, such staff to be subject to the civil service law, chapter 41.06 RCW. In addition, the administrator may contract with third parties for services necessary to carry out its activities where this will promote economy, avoid duplication of effort, and make best use of available expertise. Any such contractor or consultant shall be prohibited from releasing, publishing, or otherwise using any information made available to it under its contractual responsibility without specific permission of the plan. The administrator may call upon other agencies of the state to provide available information as necessary to assist the administrator in meeting its responsibilities under this chapter, which information shall be supplied as promptly as circumstances permit.

(3) ((The administrator may appoint such technical or advisory committees as he or she deems necessary. The administrator shall appoint a standing technical advisory committee that is representative of health care professionals, health care providers, and those directly involved in the purchase, provision, or delivery of health care services, as well as consumers and those knowledgeable of the ethical issues involved with health care public policy. Individuals appointed to any technical or other advisory committee shall serve without compensation for their services as members, but may be reimbursed for their travel expenses pursuant to RCW 43.03.050 and 43.03.060.

~~(4)~~)) The administrator may apply for, receive, and accept grants, gifts, and other payments, including property and service, from any governmental or other public or private entity or person, and may make arrangements as to the use of these receipts, including the undertaking of special studies and other projects relating to health care costs and access to health care.

((~~(5)~~)) (4) In the design, organization, and administration of the plan under this chapter, the administrator shall consider the report of the Washington health care project commission established under chapter 303, Laws of 1986. Nothing in this chapter requires the administrator to follow any specific recommendation contained in that report except as it may also be included in this chapter or other law.

PESTICIDE ADVISORY BOARD

Sec. 76. RCW 15.58.030 and 1992 c 170 s 1 are each amended to read as follows:

As used in this chapter the words and phrases defined in this section shall have the meanings indicated unless the context clearly requires otherwise.

(1) "Active ingredient" means any ingredient which will prevent, destroy, repel, control, or mitigate pests, or which will act as a plant regulator, defoliant, desiccant, or spray adjuvant.

(2) "Antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment.

(3) "Arthropod" means any invertebrate animal that belongs to the phylum arthropoda, which in addition to insects, includes allied classes whose members are wingless and usually have more than six legs; for example, spiders, mites, ticks, centipedes, and isopod crustaceans.

(4) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission.

(5) "Department" means the Washington state department of agriculture.

(6) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues.

(7) "Device" means any instrument or contrivance intended to trap, destroy, control, repel, or mitigate pests, or to destroy, control, repel or mitigate fungi, nematodes, or such other pests, as may be designated by the director, but not including equipment used for the application of pesticides when sold separately from the pesticides.

(8) "Director" means the director of the department or a duly authorized representative.

(9) "Distribute" means to offer for sale, hold for sale, sell, barter, or supply pesticides in this state.

(10) "EPA" means the United States environmental protection agency.

(11) "EPA restricted use pesticide" means any pesticide with restricted uses as classified for restricted use by the administrator, EPA.

(12) "FIFRA" means the federal insecticide, fungicide, and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).

(13) "Fungi" means all nonchlorophyll‑bearing thallophytes (all nonchlorophyll‑bearing plants of a lower order than mosses and liverworts); for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living persons or other animals.

(14) "Fungicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any fungi.

(15) "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed.

(16) "Inert ingredient" means an ingredient which is not an active ingredient.

(17) "Ingredient statement" means a statement of the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide, and when the pesticide contains arsenic in any form, the ingredient statement shall also include percentages of total and water soluble arsenic, each calculated as elemental arsenic. In the case of a spray adjuvant the ingredient statement need contain only the names of the principal functioning agents and the total percentage of the constituents ineffective as spray adjuvants. If more than three functioning agents are present, only the three principal ones need by named.

(18) "Insect" means any of the numerous small invertebrate animals whose bodies are more or less obviously segmented, and which for the most part belong to the class insecta, comprising six‑legged, usually winged forms, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, for example, spiders, mites, ticks, centipedes, and isopod crustaceans.

(19) "Insecticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insects which may be present in any environment whatsoever.

(20) "Label" means the written, printed, or graphic matter on, or attached to, the pesticide, device, or immediate container, and the outside container or wrapper of the retail package.

(21) "Labeling" means all labels and other written, printed, or graphic matter:

(a) Upon the pesticide, device, or any of its containers or wrappers;

(b) Accompanying the pesticide, or referring to it in any other media used to disseminate information to the public; and

(c) To which reference is made on the label or in literature accompanying or referring to the pesticide or device except when accurate nonmisleading reference is made to current official publications of the department, United States departments of agriculture; interior; education; health and human services; state agricultural colleges; and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.

(22) "Land" means all land and water areas, including airspace and all plants, animals, structures, buildings, devices and contrivances, appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation.

(23) "Master license system" means the mechanism established by chapter 19.02 RCW by which master licenses, endorsed for individual state‑issued licenses, are issued and renewed using a master application and a master license expiration date common to each renewable license endorsement.

(24) "Nematocide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes.

(25) "Nematode" means any invertebrate animal of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts, may also be called nemas or eelworms.

(26) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.

(27) "Pest" means, but is not limited to, any insect, rodent, nematode, snail, slug, weed and any form of plant or animal life or virus, except virus on or in a living person or other animal, which is normally considered to be a pest or which the director may declare to be a pest.

(28) "Pest control consultant" means any individual who acts as a structural pest control inspector, who sells or offers for sale at other than a licensed pesticide dealer outlet or location where they are employed, or who offers or supplies technical advice, supervision, or aid, or makes recommendations to the user of:

(a) Highly toxic pesticides, as determined under RCW 15.58.040;

(b) EPA restricted use pesticides or restricted use pesticides which are restricted by rule to distribution by licensed pesticide dealers only; or

(29) "Pesticide" means, but is not limited to:

(a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, and any other form of plant or animal life or virus, except virus on or in a living person or other animal which is normally considered to be a pest or which the director may declare to be a pest;

(b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and

(30) ((~~"Pesticide advisory board" means the pesticide advisory board as provided for in the Washington pesticide application act.~~

~~(31)~~)) "Pesticide dealer" means any person who distributes any of the following pesticides:

(a) Highly toxic pesticides, as determined under RCW 15.58.040;

(b) EPA restricted use pesticides or restricted use pesticides which are restricted by rule to distribution by licensed pesticide dealers only; or

((~~(32)~~)) (31) "Pesticide dealer manager" means the owner or other individual supervising pesticide distribution at one outlet holding a pesticide dealer license.

((~~(33)~~)) (32) "Plant regulator" means any substance or mixture of substances intended through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of ornamental or crop plants or their produce, but shall not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.

((~~(34)~~)) (33) "Registrant" means the person registering any pesticide under the provisions of this chapter.

((~~(35)~~)) (34) "Restricted use pesticide" means any pesticide or device which, when used as directed or in accordance with a widespread and commonly recognized practice, the director determines, subsequent to a hearing, requires additional restrictions for that use to prevent unreasonable adverse effects on the environment including people, lands, beneficial insects, animals, crops, and wildlife, other than pests.

((~~(36)~~)) (35) "Rodenticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate rodents, or any other vertebrate animal which the director may declare by rule to be a pest.

((~~(37)~~)) (36) "Spray adjuvant" means any wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent with or without toxic properties of its own, intended to be used with any other pesticide as an aid to the application or to the effect of the pesticide, and which is in a package or container separate from that of the pesticide with which it is to be used.

((~~(38)~~)) (37) "Special local needs registration" means a registration issued by the director pursuant to provisions of section 24(c) of FIFRA.

((~~(39)~~)) (38) "Structural pest control inspector" means any individual who performs the service of inspecting a building for wood destroying organisms, their damage, or conditions conducive to their infestation.

((~~(40)~~)) (39) "Unreasonable adverse effects on the environment" means any unreasonable risk to people or the environment taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or as otherwise determined by the director.

((~~(41)~~)) (40) "Weed" means any plant which grows where not wanted.

NEW SECTION. Sec. 77. RCW 15.58.380 and 1971 ex.s. c 190 s 38 are each repealed.

Sec. 78. RCW 15.92.070 and 1991 c 341 s 8 are each amended to read as follows:

The laboratory is advised by a board appointed by the dean of the Washington State University college of agriculture and home economics. The dean shall cooperate with appropriate officials in Washington, Idaho, and Oregon in selecting board members.

(1) The board shall consist of one representative from each of the following interests: A human toxicologist or a health professional knowledgeable in worker exposure to pesticides, the Washington State University vice-provost for research or research administrator, representatives from the state department of agriculture, the department of ecology, the department of health, the department of labor and ((~~industry [industries]~~)) industries, privately owned Washington pesticide analytical laboratories, federal regional pesticide laboratories, an Idaho and Oregon laboratory, whether state, university, or private, a chemical and fertilizer industry representative, farm organizations, food processors, marketers, farm labor, environmental organizations, and consumers. Each board member shall serve a three-year term. The members of the board shall serve without compensation but shall be reimbursed for travel expenses incurred while engaged in the business of the board as provided in RCW 43.03.050 and 43.03.060.

(2) The board is in liaison with ((~~the pesticide advisory board and~~)) the pesticide incident reporting and tracking panel and shall review the chemicals investigated by the laboratory according to the following criteria:

(a) Chemical uses for which a data base exists on environmental fate and acute toxicology, and that appear safer environmentally than pesticides available on the market;

(b) Chemical uses not currently under evaluation by public laboratories in Idaho or Oregon for use on Washington crops;

(c) Chemicals that have lost or may lose their registration and that no reasonably viable alternatives for Washington crops are known; and

(d) Other chemicals vital to Washington agriculture.

(3) The laboratory shall conduct research activities using approved good laboratory practices, namely procedures and recordkeeping required of the national IR‑4 minor use pesticide registration program.

(4) The laboratory shall coordinate activities with the national IR‑4 program.

Sec. 79. RCW 17.21.020 and 1992 c 176 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) "Agricultural commodity" means any plant or part of a plant, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by people or animals.

(2) "Apparatus" means any type of ground, water, or aerial equipment, device, or contrivance using motorized, mechanical, or pressurized power and used to apply any pesticide on land and anything that may be growing, habitating, or stored on or in such land, but shall not include any pressurized handsized household device used to apply any pesticide, or any equipment, device, or contrivance of which the person who is applying the pesticide is the source of power or energy in making such pesticide application, or any other small equipment, device, or contrivance that is transported in a piece of equipment licensed under this chapter as an apparatus.

(4) "Certified applicator" means any individual who is licensed as a commercial pesticide applicator, commercial pesticide operator, public operator, private-commercial applicator, demonstration and research applicator, or certified private applicator, or any other individual who is certified by the director to use or supervise the use of any pesticide which is classified by the EPA as a restricted use pesticide or by the state as restricted to use by certified applicators only.

(5) "Commercial pesticide applicator" means any person who engages in the business of applying pesticides to the land of another.

(6) "Commercial pesticide operator" means any employee of a commercial pesticide applicator who uses or supervises the use of any pesticide and who is required to be licensed under provisions of this chapter.

(7) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission.

(8) "Department" means the Washington state department of agriculture.

(9) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues.

(10) "Device" means any instrument or contrivance intended to trap, destroy, control, repel, or mitigate pests, or to destroy, control, repel, or mitigate fungi, nematodes, or such other pests, as may be designated by the director, but not including equipment used for the application of pesticides when sold separately from the pesticides.

(11) "Direct supervision" by certified private applicators shall mean that the designated restricted use pesticide shall be applied for purposes of producing any agricultural commodity on land owned or rented by the applicator or the applicator's employer, by a competent person acting under the instructions and control of a certified private applicator who is available if and when needed, even though such certified private applicator is not physically present at the time and place the pesticide is applied. The certified private applicator shall have direct management responsibility and familiarity of the pesticide, manner of application, pest, and land to which the pesticide is being applied. Direct supervision by all other certified applicators means direct on-the-job supervision. Direct supervision of an aerial apparatus means the pilot of the aircraft must be appropriately certified.

(12) "Director" means the director of the department or a duly authorized representative.

(13) "Engage in business" means any application of pesticides by any person upon lands or crops of another.

(14) "EPA" means the United States environmental protection agency.

(15) "EPA restricted use pesticide" means any pesticide with restricted uses as classified for restricted use by the administrator, EPA.

(16) "FIFRA" means the federal insecticide, fungicide and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).

(17) "Fungi" means all nonchlorophyll-bearing thallophytes (all nonchlorophyll-bearing plants of lower order than mosses and liverworts); for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in a living person or other animals.

(18) "Fungicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any fungi.

(19) "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed.

(20) "Immediate service call" means a landscape application to satisfy an emergency customer request for service, or a treatment to control a pest to landscape plants.

(21) "Insect" means any of the numerous small invertebrate animals whose bodies are more or less obviously segmented, and which for the most part belong to the class insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, for example, spiders, mites, ticks, centipedes, and isopod crustaceans.

(22) "Insecticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insects which may be present in any environment whatsoever.

(23) "Land" means all land and water areas, including airspace and all plants, animals, structures, buildings, devices, and contrivances, appurtenant to or situated on, fixed or mobile, including any used for transportation.

(24) "Landscape application" means an application by a certified applicator of any EPA registered pesticide to any exterior landscape plants found around residential property, parks, golf courses, or schools. This definition shall not apply to: (a) Certified private applicators; (b) state and local health departments and mosquito control districts when conducting mosquito control operations; and (c) commercial pesticide applicators making structural applications.

(25) "Nematocide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes.

(26) "Nematode" means any invertebrate animal of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts, may also be called nemas or eelworms.

(27) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.

(28) "Pest" means, but is not limited to, any insect, rodent, nematode, snail, slug, weed, and any form of plant or animal life or virus, except virus on or in a living person or other animal, which is normally considered to be a pest, or which the director may declare to be a pest.

(29) "Pesticide" means, but is not limited to:

(a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, and any other form of plant or animal life or virus except virus on or in a living person or other animal which is normally considered to be a pest or which the director may declare to be a pest;

(b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and

(c) Any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent with or without toxic properties of its own intended to be used with any other pesticide as an aid to the application or effect thereof, and sold in a package or container separate from that of the pesticide with which it is to be used.

(30) ((~~"Pesticide advisory board" means the pesticide advisory board as provided for in this chapter.~~

~~(31)~~)) "Plant regulator" means any substance or mixture of substances intended through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of ornamental or crop plants or their produce, but shall not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.

((~~(32)~~)) (31) "Private applicator" means a certified applicator who uses or is in direct supervision of the use of (a) any EPA restricted use pesticide; or (b) any restricted use pesticide restricted to use only by certified applicators by the director, for the purposes of producing any agricultural commodity and for any associated noncrop application on land owned or rented by the applicator or the applicator's employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the land of another person.

((~~(33)~~)) (32) "Private-commercial applicator" means a certified applicator who uses or supervises the use of (a) any EPA restricted use pesticide or (b) any restricted use pesticide restricted to use only by certified applicators for purposes other than the production of any agricultural commodity on lands owned or rented by the applicator or the applicator's employer.

((~~(34)~~)) (33) "Residential property" includes property less than one acre in size zoned as residential by a city, town, or county, but does not include property zoned as agricultural or agricultural homesites.

((~~(37)~~)) (36) "Snails or slugs" include all harmful mollusks.

((~~(38)~~)) (37) "Unreasonable adverse effects on the environment" means any unreasonable risk to people or the environment taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or as otherwise determined by the director.

((~~(39)~~)) (38) "Weed" means any plant which grows where not wanted.

NEW SECTION. Sec. 80. The following acts or parts of acts are each repealed:

(1) RCW 17.21.230 and 1989 c 380 s 54, 1988 c 36 s 8, 1974 ex.s. c 20 s 1, 1971 ex.s. c 191 s 8, 1967 c 177 s 14, & 1961 c 249 s 23;

(2) RCW 17.21.240 and 1989 c 380 s 55 & 1961 c 249 s 24;

(3) RCW 17.21.250 and 1989 c 380 s 56 & 1961 c 249 s 25;

(4) RCW 17.21.260 and 1989 c 380 s 57 & 1961 c 249 s 26; and

(5) RCW 17.21.270 and 1989 c 380 s 58, 1975-'76 2nd ex.s. c 34 s 24, & 1961 c 249 s 27.

BOARD OF APPRAISERS

NEW SECTION. Sec. 81. RCW 43.30.150 and 1988 c 128 s 10, 1986 c 227 s 2, 1975-'76 2nd ex.s. c 34 s 107, & 1965 c 8 s 43.30.150 are each repealed.

BROKER'S TRUST ACCOUNT BOARD

NEW SECTION. Sec. 82. The following acts or parts of acts are each repealed:

(1) RCW 18.85.500 and 1987 c 513 s 8; and

(2) RCW 43.185.076 and 1988 c 286 s 3 & 1987 c 513 s 10.

Sec. 83. RCW 43.185.074 and 1987 c 513 s 11 are each amended to read as follows:

The director shall designate grant and loan applications for approval and for funding under the revenue from remittances made pursuant to RCW 18.85.310. ((~~These applications shall then be reviewed for final approval by the broker's trust account board created by RCW 18.85.500.~~

The director shall submit to the broker's trust account board within any fiscal year only such applications which in their aggregate total funding requirements do not exceed the revenue to the housing trust found from remittances made pursuant to RCW 18.85.310 for the previous fiscal year.))

CENTENNIAL COMMISSION

NEW SECTION. Sec. 84. The following acts or parts of acts are each repealed:

(1) RCW 27.60.010 and 1982 c 90 s 1;

(2) RCW 27.60.020 and 1985 c 291 s 1, 1984 c 120 s 1, & 1982 c 90 s 2;

(3) RCW 27.60.030 and 1982 c 90 s 3;

(4) RCW 27.60.040 and 1987 c 195 s 1, 1985 c 291 s 2, & 1982 c 90 s 4;

(5) RCW 27.60.050 and 1982 c 90 s 5;

(6) RCW 27.60.070 and 1985 c 291 s 4; and

(7) RCW 27.60.900 and 1989 c 82 s 3, 1985 c 268 s 3, & 1982 c 90 s 6.

CLARK COUNTY LOCAL LAW AND JUSTICE COUNCIL

NEW SECTION. Sec. 85. RCW 72.09.230 and 1981 c 136 s 34 are each repealed.

DISPLACED HOMEMAKER ADVISORY COMMITTEE

NEW SECTION. Sec. 86. RCW 28B.04.085 and 1987 c 230 s 2 are each repealed.

NEW SECTION. Sec. 87. HEADINGS. Headings as used in this act constitute no part of the law.