AN ACT Relating to parenting; amending RCW 26.09.060, 26.09.200, and 26.09.260; adding new sections to chapter 26.09 RCW; repealing RCW 26.09.190; and providing an effective date.

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

NEW SECTION. Sec. 1. POLICY. Parents have the responsibility to make decisions and perform other parental functions necessary for the care and growth of their minor children. In any proceeding under chapter 26.09 RCW, the best interests of the child shall be the standard by which the court determines whether, and to what extent, the parties' parental responsibilities should be enforced or their authority to care for the child restricted. The state recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and that the relationship between the child and each parent should be fostered unless inappropriate under the provisions of this chapter. It is recognized that the best interests of the child are served by a parenting arrangement that best maintains a child's emotional growth, health and stability, and physical care. It is presumed that the best interest of the child is served when the existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changed relationship of the parents or as required to protect the child from physical, mental, or emotional harm.

NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this section apply throughout this chapter.

(1) "Temporary parenting plan" means a plan for parenting of the child pending final resolution of any action for dissolution of marriage, declaration of invalidity, or legal separation, based on the criteria set forth in section 5 of this act.

(2) "Permanent parenting plan" means a plan for parenting the child, based on the criteria set forth in sections 8 and 9 of this act, to be incorporated in the final order in any action for dissolution of marriage, declaration of invalidity, or legal separation.

(3) "Residential party" means the party whose home is designated as the child's residence, based on the criteria set forth in sections 8 and 9 of this act.

(4) "Child's residence" means the home of the party designated in the parenting plan as the residential party, based on the criteria set forth in sections 8 and 9 of this act.

(5) "Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child. Parenting functions include:

(a) Maintaining a loving, stable, consistent, and nurturing relationship with the child;

(b) Attending to the daily needs of the child, such as feeding, clothing, physical care and grooming, supervision, health care, and day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;

(c) Attending to adequate education for the child, including remedial or other education essential to the best interests of the child;

(d) Assisting the child in developing and maintaining appropriate interpersonal relationships; and

(e) Exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances.

(6) "Primary caregiver" means the party who has taken primary responsibility for performance of the majority of the parenting functions as defined in this section during the course of the child's lifetime.

Sec. 3. Section 6, chapter 157, Laws of 1973 1st ex. sess. as last amended by section 26, chapter 263, Laws of 1984 and RCW 26.09.060 are each amended to read as follows:

(1) In a proceeding for:

(a) Dissolution of marriage, legal separation, or a declaration of invalidity; or

(b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse; either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

(2) Subject to any automatic restraining orders issued under subsection (4) of this section, as a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

(a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring him to notify the moving party of any proposed extraordinary expenditures made after the order is issued;

(b) Molesting or disturbing the peace of the other party or of any child and, upon a showing by clear and convincing evidence that the party so restrained or enjoined has used or displayed or threatened to use a deadly weapon as defined in RCW 9A.04.110 in an act of violence or has previously committed acts of domestic violence and is likely to use or display or threaten to use a deadly weapon in an act of domestic violence, requiring the party to surrender any deadly weapon in his immediate possession or control or subject to his immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court. The court may order temporary surrender of deadly weapons without notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for response has elapsed;

(d) Removing a child from the jurisdiction of the court.

(3) The court may issue a temporary restraining order under subsection (2) of this section without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

(4) At the commencement of any proceeding under subsection (1) of this section in which a temporary parenting plan must be filed, a restraining order shall immediately issue which shall restrain each party to the proceeding from:

(a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring a party to notify the other party of any proposed extraordinary expenditures made after the order is issued;

(b) Molesting or disturbing the peace of the other party; and

(c) Entering the home of the other party without the express consent of that party, provided that the parties are living separate and apart.

(5) The court may issue a temporary restraining order or preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances.

((~~(5)~~)) (6) Restraining orders issued under this section restraining the person from molesting or disturbing another party or from entering a party's home shall bear the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.09 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

((~~(6)~~)) (7) The court may order that any temporary restraining order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

((~~(7)~~)) (8) A temporary order, temporary restraining order, or preliminary injunction:

(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

(b) May be revoked or modified;

(c) Terminates when the final decree is entered or when the petition for dissolution, legal separation, or declaration of invalidity is dismissed;

(d) May be entered in a proceeding for the modification of an existing decree.

((~~(8)~~)) (9) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.

Sec. 4. Section 20, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.200 are each amended to read as follows:

((A party to a custody proceeding may move for a temporary custody order. The motion must be supported by an affidavit as provided in RCW 26.09.270. The court may award temporary custody after a hearing, or, if there is no objection, solely on the basis of the affidavits.))

(1) On commencement of a proceeding under this chapter, the petitioner shall file a proposed temporary parenting plan, or the parties jointly, if filing jointly, shall file a proposed temporary plan.

(2) The respondent, if not joining in the petition, shall file a responsive proposed temporary parenting plan no later than twenty days after service of the petitioner's proposed temporary parenting plan. If no responsive plan is filed in accordance with this subsection, the petitioner may, without further notice to the respondent, move to have the petitioner's proposed temporary parenting plan entered as an order of the court. The parties may enter an agreed temporary parenting plan at any time within thirty-five days after service of the petitioner's proposed temporary parenting plan.

(3) If the respondent files a responsive proposed temporary parenting plan in accordance with subsection (2) of this section, and no agreed temporary parenting plan is entered within thirty-five days after service of the petitioner's proposed plan, a hearing shall be held on the proposed plans not later than thirty-five days after service of the petitioner's proposed temporary parenting plan. The motion may be supported by relevant evidence and shall be accompanied by an affidavit which shall state at a minimum the following:

(a) The name, address, and length of residence with the person or persons with whom the child has lived for the preceding twelve months;

(b) The party, if any, who has been the primary caregiver for the child as defined in section 2 of this act;

(d) The parties' present current work and child-care schedules; and

(e) Any of the circumstances set forth in section 9 of this 1986 act that are likely to pose a serious risk to the child and that warrant limitation on the award to a party of temporary residence or time with the child pending entry of a permanent parenting plan.

(4) At the hearing, the court shall enter a temporary parenting plan that includes:

(a) A schedule for the child's time with the nonresidential party where and as appropriate, during which the nonresidential party may make decisions regarding the child's day-to-day care;

(b) Designation of a temporary residence for the child in accordance with the presumptions set forth in section 5 of this 1986 act. The party whose home is so designated may make all decisions regarding the child's care other than those specified in (a) of this subsection, pending final resolution of the matter;

(d) Restraining orders, if applicable, under RCW 26.09.060(2).

(5) If a proceeding for dissolution of marriage, legal separation, or declaration of invalidity is dismissed, any temporary ((~~custody order~~)) parenting plan is vacated unless a parent or the child's custodian moves that the proceeding continue as a custody proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interests of the child require that a ((~~custody decree~~)) permanent parenting plan be issued.

(6) If a custody proceeding commenced in the absence of a petition for dissolution of marriage, legal separation, or declaration of invalidity, (subsection (1) of RCW 26.09.180) is dismissed, any temporary order is vacated.

NEW SECTION. Sec. 5. PRESUMPTION IN ISSUANCE OF TEMPORARY PARENTING PLAN. After considering the affidavit required by RCW 26.09.200(3) and other relevant evidence presented, the court shall make a temporary parenting plan that is in the best interest of the child. It is presumed that the child's best interest is served by a temporary parenting plan that best maintains the child's emotional stability in the period pending entry of a final parenting plan. It is further presumed that, absent a showing that any of the limitations in section 9 of this act apply, the child's emotional stability is best fostered by granting the child's residence to the primary caregiver, if any, or, if no primary care exists, then by maintaining the pattern of care disclosed by the affidavit and any other relevant evidence.

NEW SECTION. Sec. 6. PROCEDURE FOR DETERMINING PERMANENT PARENTING PLAN. (1) SUBMISSION OF PROPOSED PLANS. Each party shall file and serve a proposed permanent parenting plan, as described in section 10 of this act, on the other party. Service shall be made not earlier than the date of entry of the temporary parenting plan, and not later than one hundred fifty days after the service of the petition for dissolution, legal separation, or declaration of invalidity.

(2) If a party fails to file and serve a proposed permanent parenting plan within the allotted time, the other party may, without further notice, have the party's proposed permanent parenting plan entered as an order of the court and incorporated in the final decree of dissolution. If neither party files the proposed permanent parenting plan within the required time, the clerk of the court may move to have the case dismissed for lack of prosecution as required by this section.

(3) AGREED PERMANENT PARENTING PLANS. The parties may make an agreed permanent parenting plan, as described in sections 7 and 8 of this act. The court shall incorporate the agreed permanent parenting plan in the decree or order entered.

(4) MANDATORY SETTLEMENT CONFERENCE. After the service of the parties' proposed permanent parenting plans, but not later than one hundred ninety days after service of the petition for dissolution, legal separation, or declaration of invalidity, or the filing of a joint petition, the parties shall attend a mandatory settlement conference. The mandatory settlement conference shall be presided over by a judge or court commissioner, who shall apply the criteria in sections 8 and 9 of this act. The parties shall in good faith review the proposed terms of the parenting plans and any other issues relevant to the cause of action with the presiding judge or court commissioner. Facts and legal issues that are not then in dispute shall be entered as stipulations for purposes of final hearing or trial in the matter. Any party failing to participate in good faith may be held in contempt of court.

(5) TRIAL SETTING. Trial dates for actions brought under this chapter shall be set for no earlier than the date scheduled for the mandatory settlement conference, but not later than two hundred ten days after the date of service of the petition for dissolution, legal separation, or declaration of invalidity, or from filing of a joint petition. Continuance of the trial date shall be allowed due to the unavoidable unavailability of a party or witness, the necessary administration of the court, or by stipulation of the parties, and approval of the court for good cause. The final order or decree shall be entered not sooner than ninety days after filing and service and not later than two hundred forty days after filing and service.

NEW SECTION. Sec. 7. PERMANENT PARENTING PLAN. In an action for dissolution, legal separation, or declaration of invalidity of a marriage, the court shall make or approve as part of any final decree a permanent parenting plan for each child. A permanent parenting plan shall consist of the following:

(1) Permanent parenting plans shall state whether or not the parties will engage in mutual decision making in designated areas in accordance with the criteria in section 8 of this act. If mutual decision making is not ordered, the court shall designate the reason, in accordance with the criteria in section 8 of this act.

(2) If mutual decision making is not precluded by subsection (1) of this section, then the parties or the court shall designate specific areas for mutual decision making. These areas may include, but need not be limited to, religion, nonemergency medical and dental care, education, and extracurricular activities of the child.

(3) The plan shall state that, in areas not designated for mutual decision making, the residential party has the authority to make any necessary decisions. The plan shall state that the nonresidential party has the authority to make decisions regarding the child's day-to-day care while the child is residing in that party's household.

(4) A dispute resolution process. A process for resolving disputes, other than court action, shall be provided unless precluded or limited by section 8 or 9 of this act. A dispute resolution process may include counseling, mediation, or arbitration by a specified individual or agency, or court action. In setting forth a dispute resolution process, the permanent parenting plan shall state that:

(a) Preference shall be given to carrying out the parenting plan;

(b) The parties shall use the designated process to resolve disputes relating to implementation of the plan and to make decisions in areas specified for mutual decision making prior to seeking court action, unless an emergency exists; and

(c) If the court finds that a party has used or frustrated the dispute resolution process without good reason, the court shall award attorneys' fees and financial sanctions to the prevailing party.

(5) Designation of the child's residence. The permanent parenting plan shall designate a child's residence in accordance with the criteria in sections 8 and 9 of this act.

(6) Time with the nonresidential party. The permanent parenting plan shall specify time for the child with the nonresidential party, unless precluded or limited by section 9 of this act. The court shall not make or approve any plan requiring a child to spend substantially equal amounts of time residing with each parent unless the court expressly finds that:

(a) The parties have knowingly and voluntarily consented to entry of such an order;

(b) The parties have a satisfactory history of cooperation and shared performance of the parenting functions;

(d) The parties are available to each other, especially by geographic proximity, to the extent necessary to ensure their ability to share the parenting functions; and

(e) The parties have designated a residential party for purposes of jurisdiction and venue.

(7) Child support. Provisions shall be made for child support in accordance with section 10 or 11 of this act.

NEW SECTION. Sec. 8. CRITERIA FOR ESTABLISHING PARENTING PLAN. (1) MUTUAL DECISION MAKING. The court shall not order mutual decision making if one of the following circumstances exists:

(a) Any limitation under section 9 applies;

(b) Both parties are opposed to mutual decision making;

(c) One party is opposed to mutual decision making, where such opposition is reasonable based on one party's lack of a history of participation in decision making or the parties' demonstrated inability to cooperate in mutual decision making.

(2) If mutual decision making has not been precluded by one of the circumstances in subsection (1) of this section, then, in specifying areas appropriate for mutual decision making, the parties or the court shall consider all relevant factors, including:

(a) The parties' wishes or agreements and, if the parties have entered into agreements, whether the agreements were made knowingly and voluntarily;

(b) The history of participation of either party in decision making in any given area;

(d) The unavailability of the parties to each other, especially by lack of geographic proximity, to the extent that it affects their ability to make timely mutual decisions.

(3) DISPUTE RESOLUTION PROCESS. The court shall not order a dispute resolution process, except court action, if any precluding or limiting factor under section 9 of this act applies or if either party is unable to afford the cost of the particular dispute resolution process. If a dispute resolution process is not precluded or limited, then in designating such a process the court shall consider all relevant factors, including:

(a) Differences between the parties that would substantially inhibit their effective participation in any designated process;

(b) The parties' wishes or agreements and, if the parties have entered into agreements, whether the agreements were made knowingly and voluntarily; and

(c) Differences in the parties' financial circumstances that may affect their ability to participate fully in a given dispute resolution process.

(4) CHILD'S RESIDENCE. In granting the child's residence, the court shall consider all of the following:

(a) The court shall determine whether there has been a primary caregiver for the child as defined in section 2 of this act. It is presumed that the child's best interests are served by awarding the child's residence to the primary caregiver, if any. The presumption may be overcome by a finding that:

(i) Any of the limiting factors in section 9 of this act apply;

(ii) The parties have made a voluntary, knowing agreement otherwise, which the court finds to be in the child's best interests; or

(iii) The child's developmental level is sufficiently advanced, and the child desires that his or her involvement with his or her physical surroundings, school, and other significant activities be disrupted as little as possible.

(b) If the court finds that there has been no primary caregiver, the court may award the child's residence and in all cases shall award time and activities, as appropriate, after considering all the relevant factors, including:

(i) The parties' wishes or agreements and, if the parties have entered into agreements, whether the agreements were made knowingly and voluntarily;

(ii) Whether any of the limitations in section 9 of this act apply;

(iii) The relative strength and nature of the child's relationship with each party;

(iv) Each party's past and potential for future performance of the parenting functions as defined in section 2 of this act;

(v) The developmental needs and level of the child; and

(vi) The child's relationship with siblings and with other significant adults, as well as the child's involvement with his or her physical surroundings, school, and other significant activities.

NEW SECTION. Sec. 9. LIMITATIONS IN ISSUANCE OF PARENTING PLAN PROVISIONS. (1) A party's home shall not be designated as the child's temporary or permanent residence, and the permanent parenting plan shall not require mutual decision making or designation of a dispute resolution process other than court action, on a showing that the party has engaged in any of the following conduct:

(a) Wilful abandonment or substantial refusal to perform parenting functions;

(b) Physical or sexual abuse of a child; or

(2) A party's time with the child shall be limited by the court as appropriate on a showing that any of the factors in subsection (1) of this section are present.

(3) A party's involvement or conduct may have an adverse effect on the child's best interests, and the court may preclude or limit any or all provisions of the parenting plan, if any of the following factors exist:

(a) Neglect or substantial nonperformance of parenting functions;

(b) A long-term emotional or physical impairment which interferes with the party's performance of parenting functions as defined in section 2 of this act;

(c) A long-term impairment resulting from drug, alcohol, or other substance abuse which interferes with the performance of parenting functions;

(d) The absence or substantial impairment of emotional ties between the party and the child;

(e) The abusive use of conflict which creates the danger of serious damage to the child's psychological development; or

(f) Such other factors or conduct as the court finds adverse to the best interest of the child.

NEW SECTION. Sec. 10. CHILD SUPPORT (ALTERNATIVE). (1) WHEN AWARDED. In a proceeding in which a parenting plan has been entered, the court shall provide for the payment of support to the residential party. In cases involving children who have reached the age of majority, or children otherwise emancipated, the court may provide child support, including payments to assist in the procurement of schooling or training. In all decrees providing for child support, the federal social security number of each party shall be stated.

(2) HOW DETERMINED. In making the determination of child support, the court shall consider the following:

(a) The net income of each party before and after separation; the earning capacity of each party; the financial and other resources of each party; and any foreseeable changes in net income, earning capacity, or financial and other resources of each party. Net income is defined as each party's income from all sources, after deduction from the gross income for income tax, social security, union dues, and similar nondiscretionary deductions;

(b) Child support guidelines or other material concerning child-care spending, published by governmental bodies;

(c) Family spending patterns prior to separation of the parties as compared to the relative expenses of the parties after separation;

(d) Loss of contribution from the departing spouse toward the expenses of the former mutual residence;

(e) Special or unusual needs or expenses for the child established either before or after separation; and

(f) Court-ordered or administratively determined obligations of either party to provide support for children of other relationships that are being met by the obligor.

(3) LIMITATIONS ON APPORTIONMENT. In setting or modifying a nonresidential party's support obligation, the court shall not apportion support based on the amount of time the minor child resides with the nonresidential party.

NEW SECTION. Sec. 11. CHILD SUPPORT (ALTERNATIVE). (1) Each party has a duty to provide financially for the care of the party's minor child, unless relieved of this duty pursuant to chapter 13.34 or 26.33 RCW. Child support shall be ordered in every action entered under chapter 26.09 RCW in which the parties to the underlying action are the natural or adoptive parents of a minor child.

(2) The basis for establishing a particular amount of support shall be the parties' combined net incomes. Net income means income from any source, less any deductions or withholdings over which the recipient had no control. Net income of a party may be adjusted upward for purposes of determining child support if a party is voluntarily unemployed or voluntarily underemployed. Combined net income means the sum of the net incomes of the parents. Child support shall be ..... percent of combined net income for one child, ..... percent of combined net income for two children, ..... percent of net income for three children, and ..... percent of income for four children or more. Child support shall be allocated between parents in the proportion that their net income bears to combined net income. The court shall not apportion support based on the amount of time the minor child resides with the nonresidential party.

(3) Child support owed by the residential party, as designated in the temporary or permanent parenting plan, shall be paid by direct care of the child. Child support owed by the nonresidential party shall be paid in cash to the residential party or the residential party's agent or assignee.

(4) Nothing in this section shall diminish the right of the state of Washington to seek reimbursement for actual support assistance provided to any child under Title 74 RCW.

NEW SECTION. Sec. 12. SANCTIONS. The performance of parental functions and the duty to provide child support are distinct responsibilities in the care of a child. An attempt by a parent, in either the negotiation or the performance of a parenting plan, to condition one aspect of the parenting plan upon another may be deemed to be in bad faith. If the court finds that a parent acted in bad faith in an attempt to condition parental functions, in a refusal to perform the duties provided in the parenting plan, or in the hindrance of performance by the other parent, the court has broad discretion to punish the conduct by a punitive award or other remedies, including imprisonment, and may consider the conduct in awarding attorneys' fees. In determining the amount of the punitive award or attorneys' fees, the court may also consider evidence of hostile conduct by one parent that adversely affected the welfare of the child or interfered with the exercise of parenting functions by the other parent.

Sec. 13. Section 26, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.260 are each amended to read as follows:

(1) Not earlier than six months and not later than twelve months from the date of entry of the final order or decree, either party may seek, upon motion or by informal request, amendments in the provisions of the permanent parenting plan for mutual decision making or dispute resolution. The standard of substantially changed circumstances does not apply in the disposition of such a motion. Any changes made shall be based either on issues omitted in the original order or decree, or on experience showing that the arrangements contemplated in the order do not function in the practical manner in which they were envisioned.

(2) Except as provided in subsection (1) of this section, the court shall not modify a prior custody decree or the designation of a residential party in a parenting plan unless it finds, upon the basis of facts that have arisen since the prior decree or plan or that were unknown to the court at the time of the prior decree or plan, that a change has occurred in the circumstances of the child or his custodian or the residential party and that the modification is necessary to serve the best interests of the child. In applying these standards, the court shall retain the custodian or residential party established by the prior decree or parenting plan unless:

(a) The custodian or residential party agrees to the modification;

(b) The child has been integrated into the family of the petitioner with the consent of the custodian or residential party; or

(c) The child's present environment is detrimental to his physical, mental, or emotional health and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child.

(2) If the court finds that a motion to modify a prior custody order or parenting plan has been brought in bad faith, the court shall assess the attorney's fees and court costs of the custodian or residential party against the petitioner.

NEW SECTION. Sec. 14. SECTION CAPTIONS. Section captions as used in this chapter do not constitute any part of the law.

NEW SECTION. Sec. 15. EFFECTIVE DATE. This act shall take effect for all proceedings on or after January 1, 1987.

NEW SECTION. Sec. 16. SEVERABILITY. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 17. Sections 1, 2, 5 through 12, and 14 of this act are each added to chapter 26.09 RCW.

NEW SECTION. Sec. 18. Section 19, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.190 are each repealed.