BILL REQ. #:  H-0464.2 

Read first time 01/16/2003.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to siting of secure community transition facilities; amending RCW 71.09.2501, 36.70A.103, 43.21C.270, 77.55.360, and 90.58.390; creating a new section; repealing RCW 71.09.342; and declaring an emergency.

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

NEW SECTION.  Sec. 1   RCW 71.09.342 (Transition facilities--Siting -- Local regulations preempted, when -- Consideration of public safety measures) and 2002 c 68 s 9 are each repealed.

Sec. 2   RCW 71.09.2501 and 2002 c 68 s 11 are each amended to read as follows:
     An emergency has been caused by the need to expeditiously site facilities to house sexually violent predators who have been committed under this chapter. To meet this emergency, for purposes of RCW 71.09.250 ((and 71.09.342)), "all other laws" means the state environmental policy act, the shoreline management act, the hydraulics code, and all other state laws regulating the protection and use of the water, land, and air.
     This section expires June 30, 2009.

Sec. 3   RCW 36.70A.103 and 2002 c 68 s 15 are each amended to read as follows:
     State agencies shall comply with the local comprehensive plans and development regulations and amendments thereto adopted pursuant to this chapter except as otherwise provided in RCW 71.09.250 (1) through (3)((, 71.09.342,)) and 72.09.333.
     The provisions of chapter 12, Laws of 2001 2nd sp. sess. do not affect the state's authority to site any other essential public facility under RCW 36.70A.200 in conformance with local comprehensive plans and development regulations adopted pursuant to chapter 36.70A RCW.

Sec. 4   RCW 43.21C.270 and 2002 c 68 s 12 are each amended to read as follows:
     An emergency has been caused by the need to expeditiously site facilities to house sexually violent predators who have been committed under chapter 71.09 RCW. To meet this emergency, ((secure community transition facilities sited pursuant to the preemption provisions of RCW 71.09.342 and)) secure facilities sited pursuant to the preemption provisions of RCW 71.09.250 are not subject to the provisions of this chapter.
     This section expires June 30, 2009.

Sec. 5   RCW 77.55.360 and 2002 c 68 s 14 are each amended to read as follows:
     An emergency has been caused by the need to expeditiously site facilities to house sexually violent predators who have been committed under chapter 71.09 RCW. To meet this emergency, ((secure community transition facilities sited pursuant to the preemption provisions of RCW 71.09.342 and)) secure facilities sited pursuant to the preemption provisions of RCW 71.09.250 are not subject to the provisions of this chapter.
     This section expires June 30, 2009.

Sec. 6   RCW 90.58.390 and 2002 c 68 s 13 are each amended to read as follows:
     An emergency has been caused by the need to expeditiously site facilities to house sexually violent predators who have been committed under chapter 71.09 RCW. To meet this emergency, ((secure community transition facilities sited pursuant to the preemption provisions of RCW 71.09.342 and)) secure facilities sited pursuant to the preemption provisions of RCW 71.09.250 are not subject to the provisions of this chapter.
     This section expires June 30, 2009.

NEW SECTION.  Sec. 7   This act is remedial in nature and is intended to apply retroactively to the siting of any secure community transition facility not in operation as of the effective date of this act.

NEW SECTION.  Sec. 8   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.