AN
ACT Relating to the elimination and consolidation of boards, commissions, and
programs; amending RCW 18.28.010, 18.28.080, 18.28.090, 18.28.100, 18.28.110,
18.28.120, 18.28.130, 18.28.140, 18.28.150, 18.28.165, 18.28.190, 18.135.030,
18.138.070, 43.43.705, 43.43.785, 43.43.800, 43.63A.245, 43.220.040,
43.220.190, 43.220.210, 43.220.240, 75.30.050, 75.30.130, 79.72.020, 79.72.030,
79.72.040, and 79.72.050; adding a new section to chapter 43.70 RCW; creating
new sections; repealing RCW 18.28.020, 18.28.030, 18.28.040, 18.28.045,
18.28.050, 18.28.060, 18.28.070, 18.28.160, 18.28.170, 18.28.230, 18.28.240,
18.138.120, 18.175.010, 18.175.020, 18.175.025, 18.175.027, 18.175.030,
18.175.040, 18.175.050, 18.175.060, 18.175.070, 18.175.080, 28C.20.010,
28C.20.020, 28C.20.030, 41.52.010, 41.52.020, 41.52.030, 41.52.040, 41.52.050,
41.52.060, 41.52.070, 42.17.261, 43.31.855, 43.31.857, 43.38.010, 43.38.020,
43.38.030, 43.38.040, 43.43.790, 43.43.795, 43.63A.260, and 70.95H.020;
repealing 1996 c 316 s 2 (uncodified); providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
PART
1
REGULATION OF DEBT ADJUSTERS
Sec.
101. RCW
18.28.010 and 1979 c 156 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 meanings:
(1)
"Debt adjusting" means the managing, counseling, settling, adjusting,
prorating, or liquidating of the indebtedness of a debtor, or receiving funds
for the purpose of distributing said funds among creditors in payment or
partial payment of obligations of a debtor.
(2)
"Debt adjuster", which includes any person known as a debt pooler,
debt manager, debt consolidator, debt prorater, or credit counselor, is any
person engaging in or holding himself or herself out as engaging in the
business of debt adjusting for compensation. The term shall not include:
(a)
Attorneys at law, escrow agents, accountants, broker-dealers in securities, or
investment advisors in securities, while performing services solely incidental
to the practice of their professions;
(b)
Any person, partnership, association, or corporation doing business under and
as permitted by any law of this state or of the United States relating to
banks, ((small loan companies, industrial)) consumer finance
businesses, consumer loan companies, trust companies, mutual savings banks,
savings and loan associations, building and loan associations, credit unions,
crop credit associations, development credit corporations, industrial
development corporations, title insurance companies, or insurance companies;
(c)
Persons who, as employees on a regular salary or wage of an employer not
engaged in the business of debt adjusting, perform credit services for their
employer;
(d)
Public officers while acting in their official capacities and persons acting
under court order;
(e)
Any person while performing services incidental to the dissolution, winding up
or liquidation of a partnership, corporation, or other business enterprise;
(f)
Nonprofit organizations dealing exclusively with debts owing from commercial
enterprises to business creditors;
(g)
Nonprofit organizations engaged in debt adjusting and which do not assess
against the debtor a service charge in excess of fifteen dollars per month.
(3)
"Debt adjusting agency" is any partnership, corporation, or
association engaging in or holding itself out as engaging in the business of
debt adjusting.
(((4)
"License" means a debt adjuster license or debt adjusting agency
license issued under the provisions of this chapter.
(5)
"Licensee" means a debt adjuster or debt adjusting agency to whom a
license has been issued under the provisions of this chapter.
(6)
"Director" means the director of the department of licensing.))
Sec.
102. RCW
18.28.080 and 1979 c 156 s 4 are each amended to read as follows:
(1)
By contract a ((licensee)) debt adjuster may charge a reasonable
fee for debt adjusting services. The total fee for debt adjusting services may
not exceed fifteen percent of the total debt listed by the debtor on the
contract. The fee retained by the ((licensee)) debt adjuster
from any one payment made by or on behalf of the debtor may not exceed fifteen
percent of the payment((: PROVIDED, That the licensee)). The debt
adjuster may make an initial charge of up to twenty-five dollars which
shall be considered part of the total fee. If an initial charge is made, no
additional fee may be retained which will bring the total fee retained to date
to more than fifteen percent of the total payments made to date. No fee
whatsoever shall be applied against rent and utility payments for housing.
In
the event of cancellation or default on performance of the contract by the
debtor prior to its successful completion, the ((licensee)) debt
adjuster may collect in addition to fees previously received, six percent
of that portion of the remaining indebtedness listed on said contract which was
due when the contract was entered into, but not to exceed twenty-five dollars.
(2)
A ((licensee)) debt adjuster shall not be entitled to retain any
fee until notifying all creditors listed by the debtor that the debtor has
engaged the ((licensee)) debt adjuster in a program of debt
adjusting.
Sec.
103. RCW
18.28.090 and 1967 c 201 s 9 are each amended to read as follows:
If
a ((licensee)) debt adjuster contracts for, receives or makes any
charge in excess of the maximums permitted by this chapter, except as the
result of an accidental and bona fide error, the ((licensee's)) debt
adjuster's contract with the debtor shall be void and the ((licensee))
debt adjuster shall return to the debtor the amount of all payments
received from the debtor or on ((his)) the debtor's behalf and
not distributed to creditors.
Sec.
104. RCW
18.28.100 and 1979 c 156 s 5 are each amended to read as follows:
Every
contract between a ((licensee)) debt adjuster and a debtor shall:
(1)
List every debt to be handled with the creditor's name and disclose the
approximate total of all known debts;
(2)
Provide in precise terms payments reasonably within the ability of the debtor
to pay;
(3)
Disclose in precise terms the rate and amount of all of the ((licensee's))
debt adjuster's charges and fees;
(4)
Disclose the approximate number and amount of installments required to pay the
debts in full;
(5)
Disclose the name and address of the ((licensee)) debt adjuster
and of the debtor;
(6)
Provide that the ((licensee)) debt adjuster shall notify the
debtor, in writing, within five days of notification to the ((licensee))
debt adjuster by a creditor that the creditor refuses to accept payment
pursuant to the contract between the ((licensee)) debt adjuster
and the debtor;
(7)
Contain the following notice in ten point boldface type or larger directly
above the space reserved in the contract for the signature of the buyer:
NOTICE TO DEBTOR:
(a)
Do not sign this contract before you read it or if any spaces intended for the
agreed terms are left blank.
(b)
You are entitled to a copy of this contract at the time you sign it.
(c)
You may cancel this contract within three days of signing by sending notice of
cancellation by certified mail return receipt requested to the debt adjuster at
his or her address shown on the contract, which notice shall be posted
not later than midnight of the third day (excluding Sundays and holidays)
following your signing of the contract; and
(8)
Contain such other and further provisions or disclosures as ((the director
shall determine)) are necessary for the protection of the debtor and the
proper conduct of business by the ((licensee)) debt adjuster.
Sec.
105. RCW
18.28.110 and 1979 c 156 s 6 are each amended to read as follows:
Every
((licensee)) debt adjuster shall perform the following functions:
(1)
Make a permanent record of all payments by debtors, or on the debtors' behalf,
and of all disbursements to creditors of such debtors, and shall keep and
maintain in this state all such records, and all payments not distributed to
creditors. No person shall intentionally make any false entry in any such
record, or intentionally mutilate, destroy or otherwise dispose of any such
record. Such records shall at all times be open for inspection by the ((director
or his)) attorney general or the attorney general's authorized
agent, and shall be preserved as original records or by microfilm or other
methods of duplication ((acceptable to the director,)) for at least six
years after making the final entry therein.
(2)
Deliver a completed copy of the contract between the ((licensee)) debt
adjuster and a debtor to the debtor immediately after the debtor executes
the contract, and sign the debtor's copy of such contract.
(3)
Unless paid by check or money order, deliver a receipt to a debtor for each
payment within five days after receipt of such payment.
(4)
Distribute to the creditors of the debtor at least once each forty days after
receipt of payment during the term of the contract at least eighty-five percent
of each payment received from the debtor.
(5)
At least once every month render an accounting to the debtor which shall
indicate the total amount received from or on behalf of the debtor, the total
amount paid to each creditor, the total amount which any creditor has agreed to
accept as payment in full on any debt owed ((him)) the creditor
by the debtor, the amount of charges deducted, and any amount held in trust.
The ((licensee)) debt adjuster shall in addition render such an
account to a debtor within ten days after written demand.
(6)
Notify the debtor, in writing, within five days of notification to the ((licensee))
debt adjuster by a creditor that the creditor refuses to accept payment
pursuant to the contract between the ((licensee)) debt adjuster
and the debtor.
(((7)
Furnish the director with all contracts, assignments, and forms as described in
RCW 18.28.030 which are currently in use.))
Sec.
106. RCW
18.28.120 and 1967 c 201 s 12 are each amended to read as follows:
A
((licensee)) debt adjuster shall not:
(1)
Take any contract, or other instrument which has any blank spaces when signed
by the debtor;
(2)
Receive or charge any fee in the form of a promissory note or other promise to
pay or receive or accept any mortgage or other security for any fee, whether as
to real or personal property;
(3)
Lend money or credit;
(4)
Take any confession of judgment or power of attorney to confess judgment
against the debtor or appear as the debtor in any judicial proceedings;
(5)
Take, concurrent with the signing of the contract or as a part of the contract
or as part of the application for the contract, a release of any obligation to
be performed on the part of the ((licensee)) debt adjuster;
(6)
Advertise ((his)) services, display, distribute, broadcast or televise,
or permit ((his)) services to be displayed, advertised, distributed,
broadcasted or televised in any manner whatsoever wherein any false, misleading
or deceptive statement or representation with regard to the services to be
performed by the ((licensee)) debt adjuster, or the charges to be
made therefor, is made;
(7)
Offer, pay, or give any cash, fee, gift, bonus, premiums, reward, or other
compensation to any person for referring any prospective customer to the ((licensee))
debt adjuster;
(8)
Receive any cash, fee, gift, bonus, premium, reward, or other compensation from
any person other than the debtor or a person in the debtor's behalf in
connection with his or her activities as a ((licensee)) debt
adjuster; or
(9)
Disclose to anyone((, other than the director or his agent,)) the
debtors who have contracted with the ((licensee)) debt adjuster;
nor shall the ((licensee)) debt adjuster disclose the creditors
of a debtor to anyone other than: (a) The debtor((,)); or (b) ((the
director or his agent, or (c))) another creditor of the debtor and then
only to the extent necessary to secure the cooperation of such a creditor in a
debt adjusting plan.
Sec.
107. RCW
18.28.130 and 1967 c 201 s 13 are each amended to read as follows:
Without
limiting the generality of the foregoing and other applicable laws, the ((licensee))
debt adjuster, manager or an employee of ((a licensee)) the
debt adjuster shall not:
(1)
Prepare, advise, or sign a release of attachment or garnishment, stipulation,
affidavit for exemption, compromise agreement or other legal or court document,
nor furnish legal advice or perform legal services of any kind;
(2)
Represent that he or she is authorized or competent to furnish legal
advice or perform legal services;
(3)
Assume authority on behalf of creditors or a debtor or accept a power of
attorney authorizing it to employ or terminate the services of any attorney or
to arrange the terms of or compensate for such services; or
(4)
Communicate with the debtor or creditor or any other person in the name of any
attorney or upon the stationery of any attorney or prepare any form or
instrument which only attorneys are authorized to prepare.
Sec.
108. RCW
18.28.140 and 1967 c 201 s 14 are each amended to read as follows:
Nothing
in this chapter shall be construed as prohibiting the assignment of wages by a
debtor to a ((licensee)) debt adjuster, if such assignment is otherwise
in accordance with the law of this state.
Sec.
109. RCW
18.28.150 and 1979 c 156 s 8 are each amended to read as follows:
(1)
Any payment received by a ((licensee)) debt adjuster from or on
behalf of a debtor shall be held in trust by the ((licensee)) debt
adjuster from the moment it is received. The ((licensee)) debt
adjuster shall not commingle such payment with ((his)) the debt
adjuster's own property or funds, but shall maintain a separate trust
account and deposit in such account all such payments received. All
disbursements whether to the debtor or to the creditors of the debtor, or to
the ((licensee)) debt adjuster, shall be made from such account.
(2)
In the event that the debtor cancels or defaults on the contract between the
debtor and the ((licensee)) debt adjuster, the ((licensee))
debt adjuster shall close out the debtor's trust account in the
following manner:
(a)
The ((licensee)) debt adjuster may take from the account that
amount necessary to satisfy any fees, other than any cancellation or default
fee, authorized by this chapter.
(b)
After deducting the fees provided in subsection (2)(a) of this section, the ((licensee))
debt adjuster shall distribute the remaining amount in the account to
the creditors of the debtor. The distribution shall be made within five days
of the demand therefor by the debtor, but if the debtor fails to make the
demand, then the ((licensee)) debt adjuster shall make the
distribution within thirty days of the date of cancellation or default.
Sec.
110. RCW
18.28.165 and 1979 c 156 s 7 are each amended to read as follows:
For
the purpose of discovering violations of this chapter or securing information
lawfully required ((by him hereunder, the director)) under this
chapter, the office of the attorney general may at any time((, either
personally or by a person or persons duly designated by him,)): Investigate
the debt adjusting business and examine the books, accounts, records, and files
used ((therein, of every licensee. For that purpose the director and his
duly designated representatives shall)); have free access to the
offices and places of business, books, accounts, papers, records, files, safes,
and vaults of ((all licensees. The director and all persons duly designated
by him may)) debt adjusters; and require the attendance of and
examine under oath all persons whomsoever whose testimony ((he may require))
might be required relative to such debt adjusting business or to the
subject matter of any examination, investigation, or hearing.
Sec.
111. RCW
18.28.190 and 1967 c 201 s 19 are each amended to read as follows:
Any
person who violates any provision of this chapter or aids or abets such
violation, or any rule lawfully ((promulgated hereunder)) adopted
under this chapter or any order ((or decision of the director hereunder,
or any person who operates as a debt adjuster without a license, shall be))
made under this chapter, is guilty of a misdemeanor.
NEW
SECTION. Sec. 112. The
following acts or parts of acts are each repealed:
(1) RCW
18.28.020 (License required) and 1967 c 201 s 2;
(2) RCW
18.28.030 (Application for license, form, contents--Investigation
fees--Licensing fees--Bond--Qualifications--Forms to be furnished) and 1985 c 7
s 18, 1975 1st ex.s. c 30 s 23, 1971 ex.s. c 266 s 6, & 1967 c 201 s 3;
(3) RCW
18.28.040 (Bond requirements--Security in lieu of bond) and 1967
c 201 s 4;
(4) RCW
18.28.045 (Additional bond--When required) and 1979 c 156 s 2;
(5) RCW
18.28.050 (Action on bond or security) and 1967 c 201 s 5;
(6) RCW
18.28.060 (Applicants for licenses--Requirements) and 1979 c 156
s 3, 1971 ex.s. c 292 s 20, 1967 ex.s. c 141 s 1, & 1967 c 201 s 6;
(7) RCW
18.28.070 (Licenses--Form--Contents--Display--Transferability)
and 1967 c 201 s 7;
(8) RCW
18.28.160 (Revocation of licenses--Grounds) and 1967 c 201 s 16;
(9) RCW
18.28.170 (Rules, orders, decisions, etc.) and 1979 c 156 s 9
& 1967 c 201 s 17;
(10) RCW
18.28.230 (License suspension--Nonpayment or default on
educational loan or scholarship) and 1996 c 293 s 8; and
(11) RCW
18.28.240 (License suspension--Noncompliance with support
order--Reissuance) and 1997 c 58 s 818.
PART
2
HEALTH CARE
ASSISTANTS ADVISORY COMMITTEE
Sec.
201. RCW
18.135.030 and 1994 sp.s. c 9 s 515 are each amended to read as follows:
(1)
The secretary or the secretary's designee((, with the advice of designees of
the medical care quality assurance commission, the board of osteopathic
medicine and surgery, the podiatric medical board, and the nursing care quality
assurance commission,)) may appoint members of the health care assistant
profession and other health care practitioners, as defined in RCW
18.135.020(3), to serve in an ad hoc capacity to assist in carrying out the
provisions of this chapter. The members shall provide advice on matters
specifically identified and requested by the secretary. The members shall be
reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.
(2)
In addition to any other authority provided by law, the secretary shall
adopt rules necessary to:
(a)
Administer, implement, and enforce this chapter ((and));
(b)
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));
and
(c)
Establish minimum requirements for each and every category of health care
assistant.
((Said))
(3) The 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)))
(a) The education and occupational qualifications for the health care
assistant category;
(((2)))
(b) The work experience for the health care assistant category;
(((3)))
(c) The instruction and training provided for the health care assistant
category; and
(((4)))
(d) 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)) under 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.
PART
3
DIETICIANS AND
NUTRITIONISTS ADVISORY COMMITTEE
Sec.
301. RCW
18.138.070 and 1994 sp.s. c 9 s 516 are each amended to read as follows:
In
addition to any other authority provided by law, the secretary may:
(1)
Adopt rules in accordance with chapter 34.05 RCW necessary to implement this
chapter;
(2)
Establish forms necessary to administer this chapter;
(3)
Issue a certificate to an applicant who has met the requirements for
certification and deny a certificate to an applicant who does not meet the
minimum qualifications;
(4)
Hire clerical, administrative, and investigative staff as needed to implement
and administer this chapter and hire individuals, including those certified
under this chapter, to serve as consultants as necessary to implement and
administer this chapter;
(5)
Maintain the official departmental record of all applicants and certificate
holders;
(6)
Conduct a hearing, pursuant to chapter 34.05 RCW, on an appeal of a denial of
certification based on the applicant's failure to meet the minimum
qualifications for certification;
(7)
Investigate alleged violations of this chapter and consumer complaints
involving the practice of persons representing themselves as certified
dietitians or certified nutritionists;
(8)
Issue subpoenas, statements of charges, statements of intent to deny
certifications, and orders and delegate in writing to a designee the authority
to issue subpoenas, statements of charges, and statements on intent to deny
certifications;
(9)
Conduct disciplinary proceedings, impose sanctions, and assess fines for
violations of this chapter or any rules adopted under it in accordance with
chapter 34.05 RCW;
(10)
Set all certification, renewal, and late renewal fees in accordance with RCW
43.70.250; and
(11)
Set certification expiration dates and renewal periods for all certifications
under this chapter((; and
(12)
Appoint members of the profession to serve in an ad hoc advisory capacity to
the secretary in carrying out this chapter. The members will serve for
designated time[s] and provide advice on matters specifically identified and
requested by the secretary. The members shall be compensated in accordance
with RCW 43.03.220 and reimbursed for travel expenses under RCW 43.03.040 and
43.03.060. The secretary, ad hoc committee members, or individuals acting in
their behalf are immune from suit in a civil action based on any certification
or disciplinary proceedings or other official acts performed in the course of
their duties)).
PART
4
HEALTH
PROFESSIONS ADVISORY COMMITTEE
NEW
SECTION. Sec. 401. RCW
18.138.120 (Health professions advisory
committee--Membership--Duties--Expenses) and 1994 sp.s. c 9 s 517 are each
repealed.
NEW
SECTION. Sec. 402. A
new section is added to chapter 43.70 RCW to read as follows:
The
secretary shall create and maintain a list of contacts with each of the health
care professions regulated under the following chapters for the purpose of
policy advice and information dissemination: RCW 18.06.080, 18.89.050, and
18.138.070 and chapters 18.135, 18.55, and 18.88A RCW.
PART
5
REGULATION
OF ATHLETE AGENTS
NEW
SECTION. Sec. 501. The
following acts or parts of acts are each repealed:
(1) RCW
18.175.010 (Findings) and 1991 c 236 s 1;
(2) RCW
18.175.020 (Athlete agents and athlete agent firms--Certificate of
registration required--Violations) and 1991 c 236 s 2;
(3) RCW
18.175.025 (Certificate of registration suspension--Nonpayment or
default on educational loan or scholarship) and 1996 c 293 s 24;
(4) RCW
18.175.027 (Certificate of registration suspension--Noncompliance
with support order--Reissuance) and 1997 c 58 s 839;
(5) RCW
18.175.030 (Definitions) and 1991 c 236 s 3;
(6) RCW
18.175.040 (Exemptions) and 1991 c 236 s 4;
(7) RCW
18.175.050 (Authority of director) and 1991 c 236 s 5;
(8) RCW
18.175.060 (Disclosure statements) and 1991 c 236 s 6;
(9) RCW
18.175.070 (Penalties) and 1991 c 236 s 7; and
(10) RCW
18.175.080 (Application of consumer protection act) and 1991 c 236
s 8.
PART
6
WASHINGTON STATE
COUNCIL ON VOCATIONAL EDUCATION
NEW
SECTION. Sec. 601. The
following acts or parts of acts are each repealed:
(1) RCW
28C.20.010 (Council created--Work force training and education
coordinating board to monitor) and 1991 c 238 s 16;
(2) RCW
28C.20.020 (Membership of council) and 1991 c 238 s 17; and
(3) RCW
28C.20.030 (Functions consistent with state comprehensive plan for
work force training and education) and 1991 c 238 s 18.
PART
7
PUBLIC
PENSION COMMISSION
NEW
SECTION. Sec. 701. The
following acts or parts of acts are each repealed:
(1) RCW
41.52.010 (Created--Composition--Qualifications and appointment
of members) and 1980 c 87 s 16, 1969 c 10 s 2, & 1963 ex.s. c 17 s 1;
(2) RCW
41.52.020 (Terms--Vacancies) and 1963 ex.s. c 17 s 2;
(3) RCW
41.52.030 (Expenses--Officers--Personnel--Quorum) and 1967 c 128
s 1 & 1963 ex.s. c 17 s 3;
(4) RCW
41.52.040 (Powers and duties) and 1998 c 245 s 43, 1967 c 128 s
2, & 1963 ex.s. c 17 s 4;
(5) RCW
41.52.050 (Right of access to files and records of public pension
systems--Minutes, reports, etc., to be forwarded to commission) and 1967 c 128
s 3;
(6) RCW
41.52.060 (Examination of records--Subpoena of witnesses, fees)
and 1967 c 128 s 4; and
(7) RCW
41.52.070 (Appointment of investment
counsel--Qualifications--Duties) and 1998 c 245 s 44 & 1967 c 160 s 1.
PART
8
PUBLIC
INFORMATION ACCESS POLICY TASK FORCE
NEW
SECTION. Sec. 801. RCW
42.17.261 (Public information access policy task force) and 1994
c 40 s 4 are each repealed.
PART
9
RURAL
DEVELOPMENT COUNCIL
NEW
SECTION. Sec. 901. The
following acts or parts of acts, as now existing or hereafter amended, are each
repealed, effective July 1, 2000:
(1) RCW
43.31.855 (Rural development council) and 1997 c 377 s 1; and
(2) RCW
43.31.857 (Rural development council--Financial contributions
encouraged) and 1997 c 377 s 2.
NEW
SECTION. Sec. 902. The
rural development council is encouraged to explore the establishment of a
private nonprofit corporation to perform its duties.
PART
10
TAX
ADVISORY COUNCIL
NEW
SECTION. Sec. 1001. The
following acts or parts of acts are each repealed:
(1) RCW
43.38.010 (Tax advisory council created--Appointment, travel
expenses) and 1983 c 2 s 11;
(2) RCW
43.38.020 (Powers and duties) and 1982 1st ex.s. c 41 s 2 &
1965 c 8 s 43.38.020;
(3) RCW
43.38.030 (Examination of records) and 1965 c 8 s 43.38.030; and
(4) RCW
43.38.040 (Officers--Meetings--Executive secretary) and 1975 1st
ex.s. c 278 s 24 & 1965 c 8 s 43.38.040.
PART
11
ADVISORY COUNCIL
ON CRIMINAL JUSTICE SERVICES
Sec.
1101. RCW
43.43.705 and 1989 c 334 s 7 are each amended to read as follows:
Upon
the receipt of identification data from criminal justice agencies within this
state, the section shall immediately cause the files to be examined and upon
request shall promptly return to the contributor of such data a transcript of
the record of previous arrests and dispositions of the persons described in the
data submitted.
Upon
application, the section shall furnish to criminal justice agencies, or to the
department of social and health services, hereinafter referred to as the
"department", a transcript of the criminal offender record
information, dependency record information, or protection proceeding record
information available pertaining to any person of whom the section has a
record.
For
the purposes of RCW 43.43.700 through ((43.43.800)) 43.43.785 the
following words and phrases shall have the following meanings:
"Criminal
offender record information" includes, and shall be restricted to
identifying data and public record information recorded as the result of an
arrest or other initiation of criminal proceedings and the consequent
proceedings related thereto. "Criminal offender record information"
shall not include intelligence, analytical, or investigative reports and files.
"Criminal
justice agencies" are those public agencies within or outside the state
which perform, as a principal function, activities directly relating to the
apprehension, prosecution, adjudication or rehabilitation of criminal
offenders.
"Dependency
record information" includes and shall be restricted to identifying data
regarding a person, over the age of eighteen, who was a party to a dependency
proceeding brought under chapter 13.34 RCW and who has been found, pursuant to
such dependency proceeding, to have sexually abused or exploited or physically
abused a child.
"Protection
proceeding record information" includes and shall be restricted to
identifying data regarding a person, over eighteen, who was a respondent to a
protection proceeding brought under chapter 74.34 RCW and who has been found
pursuant to such a proceeding to have abused or financially exploited a
vulnerable adult.
The
section may refuse to furnish any information pertaining to the identification
or history of any person or persons of whom it has a record, or other
information in its files and records, to any applicant if the chief determines
that the applicant has previously misused information furnished to such
applicant by the section or the chief believes that the applicant will not use
the information requested solely for the purpose of due administration of the
criminal laws or for the purposes enumerated in RCW 43.43.760(3). The
applicant may appeal such determination ((and denial of information to the
advisory council created in RCW 43.43.785 and the council may direct that the
section furnish such information to the applicant)) by notifying the
chief in writing within thirty days. The hearing shall be before an
administrative law judge appointed under chapter 34.12 RCW and in accordance
with procedures for adjudicative proceedings under chapter 34.05 RCW.
Sec.
1102. RCW
43.43.785 and 1972 ex.s. c 152 s 18 are each amended to read as follows:
The
legislature finds that there is a need for the Washington state patrol to
establish a program which will consolidate existing programs of criminal
justice services within its jurisdiction so that such services may be more
effectively utilized by the criminal justice agencies of this state. The
chief((, with the advice of the state advisory council on criminal justice
services created in RCW 43.43.790,)) shall establish such a program which
shall include but not be limited to the identification section, all auxiliary
systems including the Washington crime information center and the
teletypewriter communications network, the drug control assistance unit, and
any other services the chief deems necessary which are not directly related to
traffic control.
Sec.
1103. RCW
43.43.800 and 1972 ex.s. c 152 s 21 are each amended to read as follows:
The
((advisory council)) executive committee created in RCW 10.98.160
shall review the provisions of RCW 43.43.700 through 43.43.785 and the
administration thereof and shall consult with and advise the chief of the state
patrol on matters pertaining to the policies of criminal justice services
program.
((The
council shall appoint technical advisory committees comprised of members of
criminal justice agencies having demonstrated technical expertise in the
various fields of specialty within the program.))
NEW
SECTION. Sec. 1104. The
following acts or parts of acts are each repealed:
(1) RCW
43.43.790 (Criminal justice services--Advisory
council--Created--Membership--Terms--Vacancies) and 1972 ex.s. c 152 s 19; and
(2) RCW
43.43.795 (Criminal justice services--Advisory council--Meetings)
and 1972 ex.s. c 152 s 20.
PART
12
SENIOR
ENVIRONMENTAL CORPS COORDINATING COUNCIL
Sec.
1201. RCW
43.63A.245 and 1993 c 280 s 64 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout RCW 43.63A.240 through 43.63A.270.
"Agency"
means one of the agencies or organizations participating in the activities of
the senior environmental corps.
"Coordinator"
means the person designated by the director of community, trade, and economic
development ((with the advice of the council)) to administer the
activities of the senior environmental corps.
"Corps"
means the senior environmental corps.
(("Council"
means the senior environmental corps coordinating council.))
"Department"
means the department of community, trade, and economic development.
"Director"
means the director of community, trade, and economic development or the
director's authorized representative.
"Representative"
means the person who ((represents an agency on the council and)) is
responsible for the activities of the senior environmental corps in his or her
agency.
"Senior"
means any person who is fifty-five years of age or over.
"Volunteer"
means a person who is willing to work without expectation of salary or
financial reward, and who chooses where he or she provides services and the
type of services he or she provides.
NEW
SECTION. Sec. 1202. RCW
43.63A.260 (Senior environmental corps--Coordinating
council--Duties) and 1994 c 264 s 26, 1993 c 280 s 66, & 1992 c 63 s 5 are
each repealed.
PART
13
WASHINGTON
CONSERVATION CORPS COORDINATING COUNCIL
Sec.
1301. RCW
43.220.040 and 1987 c 367 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)
"Public lands" means any lands or waters, or interests therein, owned
or administered by any agency or instrumentality of the state, federal, or
local government.
(2)
"Corps" means the Washington conservation corps.
(3)
"Corps member" means an individual enrolled in the Washington
conservation corps.
(4)
"Corps member leaders" or "specialists" means members of
the corps who serve in leadership or training capacities or who provide specialized
services other than or in addition to the types of work and services that are
performed by the corps members in general.
(((5) "Council" means the Washington conservation
corps coordinating council.))
Sec.
1302. RCW 43.220.190
and 1987 c 367 s 3 are each amended to read as follows:
The agencies listed in RCW 43.220.020 shall ((convene a
conservation corps coordinating council to meet as needed to)) establish
consistent work standards and placement and evaluation procedures of corps
programs. ((The coordinating council shall be composed of administrative
personnel of the agencies. The coordinating council shall serve to)) They
shall also reconcile problems that arise in the implementation of the corps
programs and develop coordination procedures for emergency responses of corps
members.
Sec.
1303. RCW
43.220.210 and 1987 c 367 s 4 are each amended to read as follows:
The
((Washington conservation corps coordinating council)) agencies
listed in RCW 43.220.020 shall select, review, approve, and evaluate the
success of projects under this chapter.
Up
to fifteen percent of funds spent for recruitment, job training and placement
services shall, wherever possible, be contracted through local educational
institutions and/or nonprofit corporations.
Such
contracts may include, but not be limited to, general education development
testing, preparation of resumes and job search skills.
All contracts or agreements entered into by agencies listed in RCW
43.220.020 shall be ((reviewed by the council for compliance)) consistent
with legislative intent as set forth in this section.
Sec.
1304. RCW
43.220.240 and 1985 c 230 s 4 are each amended to read as follows:
Staff
support to the department of employment security shall be provided by the ((Washington
conservation corps coordinating council as established in RCW 43.220.190)) agencies
listed in RCW 43.220.020. The employment security department shall be the
central administrative authority for data on projects, project requests,
applicants and reports to the legislature. The department shall be reimbursed
by the Washington conservation corps agencies specified in RCW 43.220.020.
Reimbursement shall be for reasonable administrative costs associated with the
department's role as the central administrative authority and for extraordinary
placement costs incurred for the corps agencies. The ((Washington
conservation corps coordinating council is to)) agencies listed in RCW
43.220.020 shall develop the most cost-effective administrative system to
provide training, payroll, and purchasing services to the conservation corps
agencies and present the system to the department for approval. The department
shall select the administrative system which best meets the purposes of this
chapter, and is cost-efficient.
PART
14
CLEAN
WASHINGTON CENTER POLICY BOARD
NEW
SECTION. Sec. 1401. RCW
70.95H.020 (Policy board) and 1995 c 399 s 193 & 1991 c 319 s
204 are each repealed.
PART
15
PUGET SOUND TRAWL
EMERGING FISHERIES ADVISORY BOARD
NEW
SECTION. Sec. 1501. By
July 1, 1999, the director of the department of fish and wildlife shall abolish
the Puget Sound trawl emerging fisheries advisory board.
PART
16
PUGET
SOUND CRAB FISHERY LICENSE ADVISORY REVIEW BOARD
COMMERCIAL
HERRING FISHERY ADVISORY REVIEW BOARD
COMMERCIAL OCEAN PINK
SHRIMP ADVISORY REVIEW BOARD
Sec.
1601. RCW
75.30.050 and 1995 c 269 s 3101 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 commercial crab fishing industry in cases involving Dungeness
crab-Puget Sound fishery licenses;
(b)
The commercial herring fishery in cases involving herring fishery licenses;
(c))) The
commercial sea urchin and sea cucumber fishery in cases involving sea urchin
and sea cucumber dive fishery licenses;
(((d)
The commercial ocean pink shrimp industry (Pandalus jordani) in cases involving
ocean pink shrimp delivery licenses; and
(e))) (b)
The commercial coastal crab fishery in cases involving Dungeness crab-coastal
fishery licenses and Dungeness crab-coastal class B fishery licenses. The
members shall include one person from the commercial crab processors, one
Dungeness crab-coastal fishery license holder, and one citizen representative
of a coastal community.
(2)
Members shall serve at the discretion of the director and shall be reimbursed
for travel expenses as provided in RCW 43.03.050, 43.03.060, and 43.03.065.
Sec.
1602. RCW
75.30.130 and 1998 c 190 s 101 are each amended to read as follows:
(1)
A person shall not commercially take Dungeness crab (Cancer magister) in Puget
Sound without first obtaining a Dungeness crab‑-Puget Sound fishery
license. As used in this section, "Puget Sound" has the meaning
given in RCW 75.28.110(5)(a). A Dungeness crab‑-Puget Sound fishery
license is not required to take other species of crab, including red rock crab
(Cancer productus).
(2)
Except as provided in subsections (3) and (6) of this section, after January 1,
1982, the director shall issue no new Dungeness crab‑-Puget Sound fishery
licenses. Only a person who meets the following qualification may renew an
existing license: The person shall have held the Dungeness crab‑-Puget
Sound fishery license sought to be renewed during the previous year or acquired
the license by transfer from someone who held it during the previous year, and
shall not have subsequently transferred the license to another person.
(3)
Where the person failed to obtain the license during the previous year because
of a license suspension, the person may qualify for a license by establishing
that the person held such a license during the last year in which the license
was not suspended.
(4)
This section does not restrict the issuance of commercial crab licenses for
areas other than Puget Sound or for species other than Dungeness crab.
(5)
Dungeness crab‑-Puget Sound fishery licenses are transferable from one
license holder to another.
(6)
If fewer than one hundred twenty-five persons are eligible for Dungeness crab‑-Puget
Sound fishery licenses, the director may accept applications for new licenses.
The director shall determine by random selection the successful applicants for
the additional licenses. The number of additional licenses issued shall be
sufficient to maintain one hundred twenty-five licenses in the Puget Sound
Dungeness crab fishery. The director shall adopt rules governing the
application, selection, and issuance procedures for new Dungeness crab‑-Puget
Sound fishery licenses((, based upon recommendations of a board of review
established under RCW 75.30.050)).
PART
17
SCENIC RIVERS
COMMITTEE OF PARTICIPATING AGENCIES
Sec.
1701. RCW
79.72.020 and 1994 c 264 s 64 are each amended to read as follows:
The
definitions set forth in this section apply throughout this chapter unless the
context clearly requires otherwise.
(1)
"Department" means the state parks and recreation commission.
(2)
(("Committee of participating agencies" or "committee"
means a committee composed of the executive head, or the executive's designee,
of each of the state departments of ecology, fish and wildlife, natural
resources, and transportation, the state parks and recreation commission, the
interagency committee for outdoor recreation, the Washington state association
of counties, and the association of Washington cities. In addition, the
governor shall appoint two public members of the committee. Public members of
the committee shall be compensated in accordance with RCW 43.03.220 and shall
receive reimbursement for their travel expenses as provided in RCW 43.03.050
and 43.03.060.
When
a specific river or river segment of the state's scenic river system is being considered
by the committee, a representative of each participating local government
associated with that river or river segment shall serve as a member of the
committee.
(3)))
"Participating local government" means the legislative authority of
any city or county, a portion of whose territorial jurisdiction is bounded by
or includes a river or river segment of the state's scenic river system.
(((4)))
(3) "River" means a flowing body of water or a section,
segment, or portion thereof.
(((5)))
(4) "River area" means a river and the land area in its
immediate environs as established by the participating agencies not exceeding a
width of one-quarter mile landward from the streamway on either side of the
river.
(((6)))
(5) "Scenic easement" means the negotiated right to control
the use of land, including the air space above the land, for the purpose of
protecting the scenic view throughout the visual corridor.
(((7)))
(6) "Streamway" means that stream-dependent corridor of single
or multiple, wet or dry, channel or channels within which the usual seasonal or
stormwater run-off peaks are contained, and within which environment the flora,
fauna, soil, and topography is dependent on or influenced by the height and
velocity of the fluctuating river currents.
(((8)))
(7) "System" means all the rivers and river areas in the state
designated by the legislature for inclusion as scenic rivers but does not
include tributaries of a designated river unless specifically included by the
legislature. The inclusion of a river in the system does not mean that other
rivers or tributaries in a drainage basin shall be required to be part of the
management program developed for the system unless the rivers and tributaries
within the drainage basin are specifically designated for inclusion by the
legislature.
(((9))) (8) "Visual corridor" means that
area which can be seen in a normal summer month by a person of normal vision
walking either bank of a river included in the system. The visual corridor
shall not exceed the river area.
Sec.
1702. RCW
79.72.030 and 1977 ex.s. c 161 s 3 are each amended to read as follows:
(1)
The department shall develop and adopt management policies for publicly owned
or leased land on the rivers designated by the legislature as being a part of
the state's scenic river system and within the associated river areas. The
department may adopt regulations identifying river classifications which
reflect the characteristics common to various segments of scenic rivers and may
adopt management policies consistent with local government's shoreline
management master plans appropriate for each such river classification. All
such policies shall be ((subject to review by the committee of participating
agencies. Once such a policy has been approved by a majority vote of the
committee members, it shall be)) adopted by the department in accordance
with the provisions of chapter 34.05 RCW, as now or hereafter amended. Any
variance with such a policy by any public agency shall be authorized only by
the approval of the ((committee of participating agencies by majority vote,))
department and shall be made only to alleviate unusual hardships unique
to a given segment of the system.
(2)
Any policies developed pursuant to subsection (1) of this section shall include
management plans for protecting ecological, economic, recreational, aesthetic,
botanical, scenic, geological, hydrological, fish and wildlife, historical,
cultural, archaeological, and scientific features of the rivers designated as
being in the system. Such policies shall also include management plans to
encourage any nonprofit group, organization, association, person, or
corporation to develop and adopt programs for the purpose of increasing fish
propagation.
(3)
The ((committee of participating agencies shall, by two-thirds majority
vote,)) department shall identify on a river by river basis any
publicly owned or leased lands which could be included in a river area of the
system but which are developed in a manner unsuitable for land to be managed as
part of the system. The department shall exclude lands so identified from the
provisions of any management policies implementing the provisions of this
chapter.
(4)
The ((committee of participating agencies, by majority vote,)) department
shall determine the boundaries which shall define the river area associated
with any included river. With respect to the rivers named in RCW 79.72.080,
the ((committee)) department shall make such determination, and
those determinations authorized by subsection (3) of this section, within one
year of September 21, 1977.
(5)
Before making a decision regarding the river area to be included in the system,
a variance in policy, or the excluding of land from the provisions of the
management policies, the ((committee)) department shall hold
hearings in accord with chapter 34.05 RCW, with at least one public hearing to
be held in the general locale of the river under consideration. The department
shall cause to be published in a newspaper of general circulation in the area
which includes the river or rivers to be considered, a description, including a
map showing such river or rivers, of the material to be considered at the
public hearing. Such notice shall appear at least twice in the time period
between two and four weeks prior to the public hearing.
(((6)
Meetings of the committee shall be called by the department or by written
petition signed by five or more of the committee members. The chairman of the
parks and recreation commission or the chairman's designee shall serve as the
chairman of any meetings of the committee held to implement the provisions of
this chapter.))
The
((committee)) department shall seek and receive comments from the
public regarding potential additions to the system, shall initiate studies, and
may((, through the department,)) submit to any session of the
legislature proposals for additions to the state scenic river system. These
proposals shall be accompanied by a detailed report on the factors which, in
the ((committee's)) department's judgment, make an area a worthy
addition to the system.
Sec.
1703. RCW
79.72.040 and 1989 c 175 s 169 are each amended to read as follows:
(1)
The management program for the system shall be administered by the department.
The department shall have the responsibility for coordinating the development
of the program between affected state agencies and participating local
governments, and shall develop and adopt rules, in accord with chapter 34.05
RCW, the Administrative Procedure Act, for each portion of the system, which
shall implement the management policies. In developing rules for a specific
river in the system, the department shall hold at least one public hearing in
the general locale of the river under consideration. The hearing may
constitute the hearing required by chapter 34.05 RCW. The department shall
cause a brief summary of the proposed rules to be published twice in a
newspaper of general circulation in the area that includes the river to be
considered in the period of time between two and four weeks prior to the public
hearing. In addition to the foregoing required publication, the department
shall also provide notice of the hearings, rules, and decisions of the
department to radio and television stations and major local newspapers in the
areas that include the river to be considered.
(2)
In addition to any other powers granted to carry out the intent of this
chapter, the department is authorized((, subject to approval by majority
vote of the members of the committee,)) to: (a) Purchase, within the river
area, real property in fee or any lesser right or interest in real property
including, but not limited to scenic easements and future development rights,
visual corridors, wildlife habitats, unique ecological areas, historical sites,
camping and picnic areas, boat launching sites, and/or easements abutting the
river for the purpose of preserving or enhancing the river or facilitating the
use of the river by the public for fishing, boating and other water related
activities; and (b) purchase, outside of a river area, public access to the
river area.
The
right of eminent domain shall not be utilized in any purchase made pursuant to
this section.
(3)
The department is further authorized to: (a) Acquire by gift, devise, grant,
or dedication the fee, an option to purchase, a right of first refusal or any
other lesser right or interest in real property and upon acquisition such real
property shall be held and managed within the scenic river system; and (b)
accept grants, contributions, or funds from any agency, public or private, or
individual for the purposes of this chapter.
(4) The department is hereby vested with the power to obtain
injunctions and other appropriate relief against violations of any provisions
of this chapter and any rules adopted under this section or agreements made
under the provisions of this chapter.
Sec.
1704. RCW
79.72.050 and 1977 ex.s. c 161 s 5 are each amended to read as follows:
(1)
All state government agencies and local governments are hereby directed to
pursue policies with regard to their respective activities, functions, powers,
and duties which are designed to conserve and enhance the conditions of rivers
which have been included in the system, in accordance with the management
policies and the rules and regulations adopted by the department for such
rivers. Local agencies are directed to pursue such policies with respect to
all lands in the river area owned or leased by such local agencies. Nothing in
this chapter shall authorize the modification of a shoreline management plan
adopted by a local government and approved by the state pursuant to chapter
90.58 RCW without the approval of the department of ecology and local
government. The policies adopted pursuant to this chapter shall be integrated,
as fully as possible, with those of the shoreline management act of 1971.
(2)
Nothing in this chapter shall grant to the ((committee of participating
agencies or the)) department the power to restrict the use of private land
without either the specific written consent of the owner thereof or the
acquisition of rights in real property authorized by RCW 79.72.040.
(3)
Nothing in this chapter shall prohibit the department of natural resources from
exercising its full responsibilities and obligations for the management of
state trust lands.
PART
18
DEPARTMENT OF
CORRECTIONS COMMITTEES
NEW
SECTION. Sec. 1801. By
July 1, 1999, the secretary of corrections shall abolish the work release
advisory committee, the Pierce county advisory committee, the Moses Lake search
committee, the Spokane search committee, the Bremerton advisory committee, the
Kitsap county work release facility analysis and site evaluation committee, the
Wenatchee search committee, the Snohomish siting committee, and the Airway
Heights corrections center correctional industries advisory board.
PART
19
LAKES
HEALTH PLAN COMMITTEE
NEW
SECTION. Sec. 1901. 1996
c 316 s 2 (uncodified) is repealed.
PART
20
LOWER COLUMBIA
RIVER BISTATE STEERING COMMITTEE
NEW
SECTION. Sec. 2001. The
bistate steering committee created in section 302(28)(a), chapter 16, Laws of 1990
1st ex. sess. is abolished.
PART
21
COMMUNITY
DIVERSIFICATION PROGRAM ADVISORY COMMITTEE
NEW
SECTION. Sec. 2101. By
July 1, 1999, the director of the department of community, trade, and economic
development shall abolish the community diversification program advisory
committee.
PART
22
BUSINESS AND JOB
RETENTION ADVISORY COMMITTEE
NEW
SECTION. Sec. 2201. The
business and job retention advisory committee created in section 220(8)(a),
chapter 289, Laws of 1988 is abolished.
PART
23
COMMUNITY
NETWORKS COMMITTEES
NEW
SECTION. Sec. 2301. By
July 1, 1999, the director of the department of services for the blind shall
abolish the community networks committees.
PART
24
MISCELLANEOUS
NEW
SECTION. Sec. 2401. Part
headings used in this act are not any part of the law.
NEW
SECTION. Sec. 2402. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect July 1, 1999.
