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NINETY-NINTH DAY

__________


MORNING SESSION

__________


House Chamber, Olympia, Monday, April 19, 1993


              The House was called to order at 10:00 a.m. by the Speaker (Representative Sheldon presiding). The Clerk called the roll and a quorum was present.


              The Speaker (Representative King presiding) assumed the chair.


              The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Jeffrey Gomez and Christy Hartman. Inspirational Message was offered by Reverend Cathryn Cummings-Bond.


              Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

MESSAGES FROM THE SENATE


April 18, 1993


Mr. Speaker:


              The Senate has concurred in the House amendments and passed the following bills as amended by the House:


SUBSTITUTE SENATE BILL NO. 5556,

SUBSTITUTE SENATE BILL NO. 5567,

SUBSTITUTE SENATE BILL NO. 5606,

SUBSTITUTE SENATE BILL NO. 5612,

SUBSTITUTE SENATE BILL NO. 5625,

SUBSTITUTE SENATE BILL NO. 5634,

ENGROSSED SENATE BILL NO. 5694,

SUBSTITUTE SENATE BILL NO. 5751,

ENGROSSED SENATE BILL NO. 5768,

SUBSTITUTE SENATE BILL NO. 5839,

SUBSTITUTE SENATE BILL NO. 5849,

SENATE BILL NO. 5856,

SUBSTITUTE SENATE BILL NO. 5858,

SUBSTITUTE SENATE BILL NO. 5876,



and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


April 18, 1993


Mr. Speaker:


              The President has signed:


SUBSTITUTE SENATE BILL NO. 5035,

SUBSTITUTE SENATE BILL NO. 5048,

SUBSTITUTE SENATE BILL NO. 5052,

SUBSTITUTE SENATE BILL NO. 5075,

SENATE BILL NO. 5107,

SECOND SUBSTITUTE SENATE BILL NO. 5237,

SUBSTITUTE SENATE BILL NO. 5261,

SUBSTITUTE SENATE BILL NO. 5263,

SENATE BILL NO. 5349,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5379,

SENATE BILL NO. 5387,

SUBSTITUTE SENATE BILL NO. 5402,

SUBSTITUTE SENATE BILL NO. 5404,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5452,


 

and the same are herewith transmitted.

Marty Brown, Secretary


April 18, 1993


Mr. Speaker:


              The Senate has passed:


ENGROSSED HOUSE BILL NO. 1228,

SUBSTITUTE HOUSE BILL NO. 1560,

HOUSE BILL NO. 1751,

HOUSE BILL NO. 1769,

HOUSE BILL NO. 1800,

SUBSTITUTE HOUSE BILL NO. 1817,

HOUSE BILL NO. 1991,

HOUSE BILL NO. 2119,

HOUSE BILL NO. 2130,

HOUSE JOINT MEMORIAL NO. 4005,


 

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


April 18, 1993


Mr. Speaker:


              The President has signed:


SENATE BILL NO. 5343,

SENATE BILL NO. 5371,

SENATE BILL NO. 5791,


and the same are herewith transmitted.

Marty Brown, Secretary


April 18, 1993


Mr. Speaker:


              The President has signed:


SENATE BILL NO. 5441,

SENATE BILL NO. 5695,


and the same are herewith transmitted.

Marty Brown, Secretary


April 18, 1993


Mr. Speaker:


              The Senate has adopted:


HOUSE CONCURRENT RESOLUTION NO. 4420,


and the same is herewith transmitted.

Brad Hendrickson, Deputy Secretary


RESOLUTION


              HOUSE RESOLUTION NO. 93-4649, by Representatives Dorn, Campbell and Chappell


              WHEREAS, The Eatonville Cruisers are the 1992 State A Boys' Football Champions; and

              WHEREAS, The Cruisers became state champions by defeating an outstanding football team, the Leopards of Zillah; and

              WHEREAS, Head Coach Steve Gervais, Assistant Coaches Bill Jacobs, George Fairhart, Darrell Babcock, Sean McNabb, and each and every member of the Cruisers squad worked together to create the will that fought the odds and enabled the Cruisers to make the biggest comeback in state championship history; and

              WHEREAS, This will to win would not have been possible without the support and encouragement of all the students of Eatonville High School, the parents and families, staff, district members, and members of the community;

              NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize and honor the Eatonville Cruisers Boys' Football Team for this hard-earned championship and for its contribution to the spirit of the entire student body; and

              BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Chief Clerk of the Washington State House of Representatives to the Captain of the Eatonville Cruisers Championship Boys' Football Team, the Head Coach, the Student Body President, and the School Principal.


              Representative Dorn moved adoption of the resolution.


              Representatives Dorn, Brumsickle, Chappell and Lisk spoke in favor of the resolution.


              House Resolution No. 4649 was adopted.


              Representative R. Meyers presiding assumed the chair.


              The Speaker (Representative R. Meyers presiding) declared the House to be at ease.


              The Speaker called the House to order.


              The Speaker declared the House to be at recess until 1:00 p.m.


AFTERNOON SESSION


              The Speaker called the House to order at 1:00 p.m.


              The Clerk called the roll and a quorum was present.


SIGNED BY THE SPEAKER

April 19, 1993


The Speaker announced he was signing:


SUBSTITUTE HOUSE BILL NO. 1003,

SUBSTITUTE HOUSE BILL NO. 1028,

SUBSTITUTE HOUSE BILL NO. 1057,

SUBSTITUTE HOUSE BILL NO. 1063,

HOUSE BILL NO. 1111,

HOUSE BILL NO. 1142,

SUBSTITUTE HOUSE BILL NO. 1144,

HOUSE BILL NO. 1150,

SUBSTITUTE HOUSE BILL NO. 1156,

HOUSE BILL NO. 1212,

HOUSE BILL NO. 1225,

HOUSE BILL NO. 1227,

HOUSE BILL NO. 1244,

HOUSE BILL NO. 1263,

HOUSE BILL NO. 1292,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1294,

HOUSE BILL NO. 1317,

HOUSE BILL NO. 1328,

HOUSE BILL NO. 1351,

SUBSTITUTE HOUSE BILL NO. 1352,

ENGROSSED HOUSE BILL NO. 1353,

HOUSE BILL NO. 1355,

SUBSTITUTE HOUSE BILL NO. 1370,

HOUSE BILL NO. 1395,

HOUSE BILL NO. 1401,

HOUSE BILL NO. 1407,

HOUSE BILL NO. 1411,

ENGROSSED HOUSE BILL NO. 1415,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1435,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1461,

SUBSTITUTE HOUSE BILL NO. 1497,

SUBSTITUTE HOUSE BILL NO. 1508,

SUBSTITUTE HOUSE BILL NO. 1518,

HOUSE BILL NO. 1530,

SUBSTITUTE HOUSE BILL NO. 1532,

HOUSE BILL NO. 1535,

HOUSE BILL NO. 1559,

SUBSTITUTE HOUSE BILL NO. 1582,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1622,

HOUSE BILL NO. 1646,

SUBSTITUTE HOUSE BILL NO. 1686,

HOUSE BILL NO. 1757,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1758,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1760,

HOUSE BILL NO. 1773,

SUBSTITUTE HOUSE BILL NO. 1778,

HOUSE BILL NO. 1815,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1820,

ENGROSSED HOUSE BILL NO. 1824,

HOUSE BILL NO. 1864,

SUBSTITUTE HOUSE BILL NO. 1915,

HOUSE BILL NO. 1923,

SUBSTITUTE HOUSE BILL NO. 1926,

HOUSE BILL NO. 1993,

ENGROSSED HOUSE BILL NO. 2009,

HOUSE BILL NO. 2048,

HOUSE BILL NO. 2073,

ENGROSSED HOUSE BILL NO. 2111,

HOUSE JOINT MEMORIAL NO. 4008,

HOUSE JOINT RESOLUTION NO. 4201,

SUBSTITUTE HOUSE CONCURRENT RESOLUTION NO. 4408,

ENGROSSED SENATE BILL NO. 5768,

SUBSTITUTE SENATE BILL NO. 5839,

SUBSTITUTE SENATE BILL NO. 5849,

SENATE BILL NO. 5856,

SUBSTITUTE SENATE BILL NO. 5858,

SUBSTITUTE SENATE BILL NO. 5876,

SUBSTITUTE SENATE BILL NO. 5957,

SENATE BILL NO. 5973,

SENATE BILL NO. 5975,

SENATE BILL NO. 5984,


MESSAGES FROM THE SENATE


April 19, 1993


Mr. Speaker:


              The President has signed:


SUBSTITUTE SENATE BILL NO. 5727,

SUBSTITUTE SENATE BILL NO. 5957,

SENATE BILL NO. 5973,

SENATE BILL NO. 5975,

SENATE BILL NO. 5984,


and the same are herewith transmitted.

Marty Brown, Secretary


April 19, 1993


Mr. Speaker:


              The President has signed:


SUBSTITUTE SENATE BILL NO. 5556,

SUBSTITUTE SENATE BILL NO. 5567,

SUBSTITUTE SENATE BILL NO. 5606,

SUBSTITUTE SENATE BILL NO. 5612,

SUBSTITUTE SENATE BILL NO. 5625,

SUBSTITUTE SENATE BILL NO. 5634,

ENGROSSED SENATE BILL NO. 5694,

SUBSTITUTE SENATE BILL NO. 5751,

ENGROSSED SENATE BILL NO. 5768,

SUBSTITUTE SENATE BILL NO. 5839,

SUBSTITUTE SENATE BILL NO. 5849,

SENATE BILL NO. 5856,

SUBSTITUTE SENATE BILL NO. 5858,

SUBSTITUTE SENATE BILL NO. 5876,


and the same are herewith transmitted.

Marty Brown, Secretary


              The Speaker called on Representative R. Meyers to preside.


SENATE AMENDMENTS TO HOUSE BILL


April 6, 1993

Mr. Speaker:

              The Senate has passed SUBSTITUTE HOUSE BILL NO. 1122 with the following amendments:


              On page 1, line 15, after "maximum of" strike "seventy-five" and insert "thirty"


              On page 2, line 34, after "((fifteen))" strike "seventy-five" and insert "thirty"        On page 4, line 21, after "((fifteen))" strike "seventy-five" and insert "thirty"

              On page 4, line 21, after "((fifteen))" strike "seventy-five" and insert "thirty"

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

MOTION


              Representative H. Myers moved that the House do not concur in the Senate amendments to Substitute House Bill No. 1122 and ask the Senate to recede therefrom. The motion was carried.


SENATE AMENDMENTS TO HOUSE BILL



April 6, 1993

Mr. Speaker:


              The Senate has passed SUBSTITUTE HOUSE BILL NO. 1275, with the following amendment:


              On page 6, line 17, strike all of subsection (E) and insert the following:

              "(E) The local government exempts the activity in writing within thirty days of receipt of a request On page 6, line 21, after "request" insert "; or

              (F) The activity involves any other development of which the total cost or fair market value does not exceed eight thousand five hundred dollars"

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


POINT OF ORDER


              Representative Rust: Thank you Mr. Speaker, I would request a ruling on scope and object regarding the Senate amendments to Substitute House Bill No. 1275.


              With the consent of the House, further consideration of Substitute House Bill No. 1275 was deferred.


              The Speaker assumed the chair.


SENATE AMENDMENTS TO HOUSE BILL


April 13, 1993


Mr. Speaker:


              The Senate has passed SUBSTITUTE HOUSE BILL NO. 1350, with the following amendment:


              On page 4, line 33, after "delivery" strike "permits" and insert "licenses"

              On page 5, after line 11, insert the following:


              "NEW SECTION. Sec. 11. A new section is added to chapter 43.23 RCW to read as follows:

              The director of agriculture, in consultation with the director of fisheries and the director of ecology, shall no later than June 1, 1993, develop and implement integrated pest management plans for the control of burrowing shrimp on registered aquatic farms."


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

              On page 1, line 3 of the title, after "75.30 RCW;" insert "adding a new section to chapter 43.23 RCW;"

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


POINT OF ORDER


              Representative Rust: Thank you, Mr. Speaker. I request a ruling on the scope and object of the Senate amendments to Substitute House Bill No. 1350.


              With the consent of the House, further consideration of Substitute House Bill No. 1350 was deferred.


SENATE AMENDMENTS TO HOUSE BILL


April 13, 1993

Mr. Speaker:

              The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1374 with the following amendments:


              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. The legislature finds that development of an assessment for purposes of acquiring an initial teaching certificate is an issue that merits consideration. However, the legislature also finds that to pursue development and implementation of such an assessment at this point in time is premature in light of the state's commitment to develop a performance-based education system. Therefore, it is the intent of the legislature to repeal the existing requirement for an admission-to-practice examination. The state board of education shall monitor the development of a performance-based education system and report to the legislature by January 1, 1997, with recommendations for developing an individual assessment leading to initial teacher certification that is consistent with a performance-based education system.


              NEW SECTION. Sec. 2. RCW 28A.410.030 and 1991 c 116 s 21 & 1987 c 525 s 203 are each repealed."              On page 1, line 2 of the title, after "candidates;" strike the remainder of the title and insert "creating a new section; and repealing RCW 28A.410.030."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative Dorn moved that the House do not concur in the Senate amendments to Engrossed Substitute House Bill No. 1374 and ask the Senate to recede therefrom. The motion was carried.


SENATE AMENDMENTS TO HOUSE BILL


April 14, 1993


Mr. Speaker:

              The Senate has passed HOUSE BILL NO. 1490 with the following amendment:


              On page 2, beginning on line 23, delete "((. After the 1991-93 fiscal biennium, no grant shall be distributed that is greater than twenty-five thousand dollars))" and insert ". After the 1991-93 fiscal biennium, no grant shall be distributed that is greater than twenty-five thousand dollars"

and the same are herewith transmitted.

Marty Brown, Secretary

MOTION


              Representative Leonard moved that the House do not concur in the Senate amendments to House Bill No. 1490 and ask the Senate to recede therefrom.


              Representative Cooke spoke against the motion.


              Representative Leonard spoke in favor of the motion and it was carried.


SENATE AMENDMENTS TO HOUSE BILL


April 14, 1993


Mr. Speaker:

              The Senate has passed SUBSTITUTE HOUSE BILL NO. 1741, with the following amendment:


              On page 10, after line 38, insert the following:

              "NEW SECTION. Sec. 8. A new section is added to chapter 46.61 RCW to read as follows:

              (1)(a) The court shall confiscate from every person who is convicted of a second violation of RCW 46.61.502 or 46.61.504 within a five-year period the Washington state vehicle registration and vehicle license plates of the vehicle the person was driving at the time of the violation, if the person is the owner of the vehicle, and if the person is not the owner of the vehicle, the court shall confiscate the Washington state vehicle registration and vehicle license plates of a vehicle owned by the person, if any. The person shall have seven days to surrender the Washington state vehicle registration and vehicle license plates.

              (b) The Washington state vehicle registration and vehicle license plates shall be held for a period of ninety days from the date of surrender.

              (c) The court shall immediately notify the department of licensing of the confiscation and the duration of the confiscation. No Washington state vehicle registration or vehicle license plates may be reissued for the vehicle by the department to the person during the period of confiscation.

              (d) No confiscation under this section affects the right of any person to transfer or acquire title in the vehicle, or the right of any person other than the arrested driver to become the registered owner of the vehicle.

              (e) In any case provided for in this section, where a Washington state vehicle registration or vehicle license is to be confiscated, the confiscation shall be stayed and shall not take effect until after the determination of any appeal from the conviction which may lawfully be taken, but in case the conviction is sustained on appeal the confiscation takes effect as of the date that the conviction becomes effective for other purposes.

              (2)(a) On a third or subsequent conviction for a violation of RCW 46.61.502 or 46.61.504 within a five-year period the motor vehicle the person was driving at the time of the violation, if the person is the owner of the vehicle, shall be seized by a law enforcement officer of this state upon process issued by the court issuing the conviction.

              (b) Proceedings for forfeiture shall be deemed commenced by the seizure. The law enforcement agency under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the vehicle seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized vehicle. The notice of seizure may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fifteen-day period following the seizure.

              (c) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the vehicle within forty-five days of the seizure, the vehicle seized shall be deemed forfeited.

              (d) If any person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the vehicle within forty-five days of the seizure, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW 34.12.020(4), the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction if the value of the vehicle involved is more than five hundred dollars. The court to which the matter is to be removed shall be the district court when the value of the vehicle is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the vehicle, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys' fees. The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the vehicle. The seizing law enforcement agency shall promptly return the vehicle to the claimant upon a determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession thereof.

              (e) When a vehicle is forfeited under this chapter the seizing law enforcement agency may:

              (i) Retain it for official use or upon application by any law enforcement agency of this state release such vehicle to such agency for the exclusive use of enforcing the provisions of this chapter;

              (ii) Sell the vehicle; or

              (iii) Remove it for disposition in accordance with law.

              (f)(i) When a vehicle is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the vehicle, the disposition of the vehicle, the value of the vehicle at the time of seizure, and the amount of proceeds realized from disposition of the vehicle.

              (ii) Each seizing agency shall retain records of forfeited vehicles for at least seven years.

              (iii) Each seizing agency shall file a report including a copy of the records of forfeited vehicles with the state treasurer each calendar quarter.

              (iv) The quarterly report need not include a record of forfeited vehicles that are still being held for use as evidence during the investigation or prosecution of a case or during the appeal from a conviction.

              (g) Forfeited vehicles and net proceeds shall be retained by the seizing law enforcement agency exclusively for the expansion and improvement of law enforcement activity. Money retained under this section may not be used to supplant preexisting funding sources.

              (h) A forfeiture of a motor vehicle encumbered by a bona fide security interest is subject to the interest of the secured party."

              In line 4 of the title, after "46.20 RCW;" insert "adding a new section to chapter 46.61 RCW;"

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative Ludwig moved that the House do not concur in the Senate amendments to Substitute House Bill No. 1741 and ask the Senate to recede therefrom.


              Representative Padden spoke in favor of the motion and it was carried.


SENATE AMENDMENTS TO HOUSE BILL


April 12, 1993


Mr. Speaker:

              The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1761 with the following amendment:


              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 36.70A.040 and 1990 1st ex.s. c 17 s 4 are each amended to read as follows:

              (1) Each county that has both a population of fifty thousand or more and has had its population increase by more than ten percent in the previous ten years, and the cities located within such county, and any other county regardless of its population that has had its population increase by more than twenty percent in the previous ten years, and the cities located within such county, shall ((adopt comprehensive land use plans and development regulations under)) conform with all of the requirements of this chapter. However, the county legislative authority of such a county with a population of less than fifty thousand population may adopt a resolution removing the county, and the cities located within the county, from the requirements of adopting comprehensive land use plans and development regulations under this chapter if this resolution is adopted and filed with the department by December 31, 1990, for counties initially meeting this set of criteria, or within sixty days of the date the office of financial management certifies that a county meets this set of criteria under subsection (5) of this section.

              Once a county meets either of these sets of criteria, the requirement to conform with ((RCW 36.70A.040 through 36.70A.160)) all of the requirements of this chapter remains in effect, even if the county no longer meets one of these sets of criteria.

              (2) The county legislative authority of any county that does not meet ((the requirements of)) either of the sets of criteria established under subsection (1) of this section may adopt a resolution indicating its intention to have subsection (1) of this section apply to the county. Each city, located in a county that chooses to plan under this subsection, shall ((adopt a comprehensive land use plan in accordance with)) conform with all of the requirements of this chapter. Once such a resolution has been adopted, the county ((cannot remove itself from)) and the cities located within the county remain subject to all of the requirements of this chapter.

              (3) Any county or city that is initially required to ((adopt a comprehensive land use plan)) conform with all of the requirements of this chapter under subsection (1) of this section shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county legislative authority and governing body of each city located within the county shall designate critical areas, agricultural lands, forest lands, and mineral resource lands, and adopt development regulations conserving these designated lands and protecting these designated critical areas, under RCW 36.70A.170 and 36.70A.060; (c) the county legislative authority shall designate and take other actions related to urban growth areas under RCW 36.70A.110; (d) the county legislative authority and governing body of each city located within the county shall adopt ((the)) a comprehensive plan under this chapter and development regulations that are consistent with and implement the comprehensive plan on or before July 1, ((1993)) 1994, but a county or city may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department of community development of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

              (4) Any county or city that is required to ((adopt a comprehensive land use plan)) conform with all the requirements of this chapter, as a result of the county legislative authority adopting its resolution of intention under subsection (2) of this section, shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county legislative authority and governing body of each city that is located within the county shall adopt development regulations conserving agricultural lands, forest lands, and mineral resource lands it designated under RCW 36.70A.060 within one year of the date the county legislative authority adopts its resolution of intention; (c) the county legislative authority shall designate and take other actions related to urban growth areas under RCW 36.70A.110; and (d) the county legislative authority and governing body of each city that is located within the county shall adopt ((the)) a comprehensive plan and development regulations that are consistent with and implement the comprehensive plan not later than ((three)) four years from the date the county legislative ((body takes action as required by subsection (2) of this section)) authority adopts its resolution of intention, but a county or city may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department of community development of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

              (((4))) (5) If the office of financial management certifies that the population of a county that previously had not been required to plan under subsection (1) or (2) of this section has changed sufficiently to meet either of the ((requirements of)) sets of criteria specified under subsection (1) of this section, and where applicable, the county legislative authority has not adopted a resolution removing the county from these requirements as provided in subsection (1) of this section, the county and each city within such county shall ((adopt)) take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county legislative authority and each city governing body shall adopt development regulations under RCW 36.70A.060 conserving agricultural lands, forest lands, and mineral resource lands it designated within one year of the certification by the office of financial management; (((b))) (c) the county legislative authority shall designate and take other actions related to urban growth areas under RCW 36.70A.110; and (d) the county legislative authority and each city governing body shall adopt a comprehensive land use plan ((under this chapter)) and development regulations that are consistent with and implement the comprehensive plan within ((three)) four years of the certification by the office of financial management((; and (c) development regulations pursuant to this chapter within one year of having adopted its comprehensive land use plan)), but a county or city may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department of community development of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

              (6) A copy of each document that is required under this section shall be submitted to the department at the time of its adoption.


              Sec. 2. RCW 36.70A.110 and 1991 sp.s. c 32 s 29 are each amended to read as follows:

              (1) Each county that is required or chooses to ((adopt a comprehensive land use)) plan under RCW 36.70A.040 shall designate an urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. Each city that is located in such a county shall be included within an urban growth area. An urban growth area may include more than a single city. An urban growth area may include territory that is located outside of a city only if such territory already is characterized by urban growth or is adjacent to territory already characterized by urban growth.

              (2) Based upon the population growth management planning population projection made for the county by the office of financial management, the urban growth areas in the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county for the succeeding twenty-year period. Each urban growth area shall permit urban densities and shall include greenbelt and open space areas. Within one year of July 1, 1990, each county ((required to designate urban growth areas)) that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040, shall begin consulting with each city located within its boundaries and each city shall propose the location of an urban growth area. Within sixty days of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall begin this consultation with each city located within its boundaries. The county shall attempt to reach agreement with each city on the location of an urban growth area within which the city is located. If such an agreement is not reached with each city located within the urban growth area, the county shall justify in writing why it so designated the area an urban growth area. A city may object formally with the department over the designation of the urban growth area within which it is located. Where appropriate, the department shall attempt to resolve the conflicts, including the use of mediation services.

              (3) Urban growth should be located first in areas already characterized by urban growth that have existing public facility and service capacities to serve such development, and second in areas already characterized by urban growth that will be served by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources. Further, it is appropriate that urban government services be provided by cities, and urban government services should not be provided in rural areas.

              (4) On or before October 1, 1993, each county that was initially required to plan under RCW 36.70A.040(1) shall designate urban growth areas under this chapter. Within three years and three months of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall designate urban growth areas under this chapter. A permit or other authorization allowing land use activities not already vested shall not be issued or approved by a county or city after the county designates its urban growth areas if the permit or other authorization is inconsistent with these designations.

              (5) Each county shall include designations of urban growth areas in its comprehensive plan.


              Sec. 3. RCW 36.70A.120 and 1990 1st ex.s. c 17 s 12 are each amended to read as follows:

              ((Within one year of the adoption of its comprehensive plan, each county and city that is required or chooses to plan under RCW 36.70A.040 shall enact development regulations that are consistent with and implement the comprehensive plan. These counties and cities)) Each county and city that is required or chooses to plan under RCW 36.70A.040 shall perform ((their)) its activities and make capital budget decisions in conformity with ((their)) its comprehensive plan((s)).


              Sec. 4. RCW 36.70A.210 and 1991 sp.s. c 32 s 2 are each amended to read as follows:

              (1) The legislature recognizes that counties are regional governments within their boundaries, and cities are primary providers of urban governmental services within urban growth areas. For the purposes of this section, a "county-wide planning policy" is a written policy statement or statements used solely for establishing a county-wide framework from which county and city comprehensive plans are developed and adopted pursuant to this chapter. This framework shall ensure that city and county comprehensive plans are consistent as required in RCW 36.70A.100. Nothing in this section shall be construed to alter the land-use powers of cities. The exercise of the right of the people to petition for referendum is protected under RCW 4.24.500 through 4.24.520.

              (2) The legislative authority of a county that plans under RCW 36.70A.040 shall adopt a county-wide planning policy in cooperation with the cities located in whole or in part within the county as follows:

              (a) No later than sixty calendar days from July 16, 1991, the legislative authority of ((the)) each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040 shall convene a meeting with representatives of each city located within the county for the purpose of establishing a collaborative process that will provide a framework for the adoption of a county-wide planning policy((;)). In other counties that are required or choose to plan under RCW 36.70A.040, this meeting shall be convened no later than sixty days after the date the county adopts its resolution of intention or was certified by the office of financial management.

              (b) The process and framework for adoption of a county-wide planning policy specified in (a) of this subsection shall determine the manner in which the county and the cities agree to all procedures and provisions including but not limited to desired planning policies, deadlines, ratification of final agreements and demonstration thereof, and financing, if any, of all activities associated therewith((;)).

              (c) If a county fails for any reason to convene a meeting with representatives of cities as required in (a) of this subsection, the governor may immediately impose any appropriate sanction or sanctions on the county from those specified under RCW 36.70A.340((;)).

              (d) If there is no agreement by October 1, 1991, in a county that was required or chose to plan under RCW 36.70A.040 as of June 1, 1991, or if there is no agreement within one hundred twenty days of the date the county adopted its resolution of intention or was certified by the office of financial management in any other county that is required or chooses to plan under RCW 36.70A.040, the governor shall first inquire of the jurisdictions as to the reason or reasons for failure to reach an agreement. If the governor deems it appropriate, the governor may immediately request the assistance of the department of community development to mediate any disputes that preclude agreement. If mediation is unsuccessful in resolving all disputes that will lead to agreement, the governor may impose appropriate sanctions from those specified under RCW 36.70A.340 on the county, city, or cities for failure to reach an agreement as provided in this section. The governor shall specify the reason or reasons for the imposition of any sanction((; and)).

              (e) No later than July 1, 1992, the legislative authority of ((the)) each county that was required or chose to plan under RCW 36.70A.040 as of June 1, 1991, or no later than fourteen months after the date the county adopted its resolution of intention or was certified by the office of financial management the county legislative authority of any other county that is required or chooses to plan under RCW 36.70A.040, shall adopt a county-wide planning policy according to the process provided under this section and that is consistent with the agreement pursuant to (b) of this subsection, and after holding a public hearing or hearings on the proposed county-wide planning policy.

              (3) A county-wide planning policy shall at a minimum, address the following:

              (a) Policies to implement RCW 36.70A.110;

              (b) Policies for promotion of contiguous and orderly development and provision of urban services to such development;

              (c) Policies for siting public capital facilities of a county-wide or state-wide nature;

              (d) Policies for county-wide transportation facilities and strategies;

              (e) Policies that consider the need for affordable housing, such as housing for all economic segments of the population and parameters for its distribution;

              (f) Policies for joint county and city planning within urban growth areas;

              (g) Policies for county-wide economic development and employment; and

              (h) An analysis of the fiscal impact.

              (4) Federal agencies and Indian tribes may participate in and cooperate with the county-wide planning policy adoption process. Adopted county-wide planning policies shall be adhered to by state agencies.

              (5) Failure to adopt a county-wide planning policy that meets the requirements of this section may result in the imposition of a sanction or sanctions on a county or city within the county, as specified in RCW 36.70A.340. In imposing a sanction or sanctions, the governor shall specify the reasons for failure to adopt a county-wide planning policy in order that any imposed sanction or sanctions are fairly and equitably related to the failure to adopt a county-wide planning policy.

              (6) Cities and the governor may appeal an adopted county-wide planning policy to the growth planning hearings board within sixty days of the adoption of the county-wide planning policy.

              (7) Multicounty planning policies shall be adopted by two or more counties, each with a population of four hundred fifty thousand or more, with contiguous urban areas and may be adopted by other counties, according to the process established under this section or other processes agreed to among the counties and cities within the affected counties throughout the multicounty region.


              NEW SECTION. Sec. 5. A new section is added to chapter 36.70A RCW to read as follows:

              The governor may impose upon any county or city that is required or that chooses to plan under RCW 35.70A.040 a sanction or sanctions specified under RCW 36.70A.340 on: (1) A county or city that fails to designate critical areas, agricultural lands, forest lands, or mineral resource lands under RCW 36.70A.170 by the date such action was required to have been taken; (2) a county or city that fails to adopt development regulations under RCW 36.70A.060 protecting critical areas or conserving agricultural lands, forest lands, or mineral resource lands by the date such action was required to have been taken; (3) a county that fails to designate urban growth areas under RCW 36.70A.110 by the date such action was required to have been taken; and (4) a county or city that fails to adopt its comprehensive plan or development regulations when such actions are required to be taken.

              Imposition of sanctions under this section shall be preceded by written findings by the governor that the county or city is not proceeding in good faith to meet the requirements of the act and that adequate state funding has been provided to the county or city to accomplish the goals of the act. A delay caused by an initiative or referendum on subjects covered in chapter ..., Laws of 1993 (this act) is not an unreasonable delay.


              Sec. 6. RCW 82.02.050 and 1990 1st ex.s. c 17 s 43 are each amended to read as follows:

              (1) It is the intent of the legislature:

              (a) To ensure that adequate facilities are available to serve new growth and development;

              (b) To promote orderly growth and development by establishing standards by which counties, cities, and towns may require, by ordinance, that new growth and development pay a proportionate share of the cost of new facilities needed to serve new growth and development; and

              (c) To ensure that impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicative fees for the same impact.

              (2) Counties, cities, and towns that are required or choose to plan under RCW 36.70A.040 are authorized to impose impact fees on development activity as part of the financing for public facilities, provided that the financing for system improvements to serve new development must provide for a balance between impact fees and other sources of public funds and cannot rely solely on impact fees.

              (3) The impact fees:

              (a) Shall only be imposed for system improvements that are reasonably related to the new development;

              (b) Shall not exceed a proportionate share of the costs of system improvements that are reasonably related to the new development; and

              (c) Shall be used for system improvements that will reasonably benefit the new development.

              (4) Impact fees may be collected and spent only for the public facilities defined in RCW 82.02.090 which are addressed by a capital facilities plan element of a comprehensive land use plan adopted pursuant to the provisions of RCW 36.70A.070 or the provisions for comprehensive plan adoption contained in chapter 36.70, 35.63, or 35A.63 RCW. After ((July 1, 1993)) the date a county, city, or town is required to adopt its comprehensive plan and development regulations under chapter 36.70A RCW, continued authorization to collect and expend impact fees shall be contingent on the county, city, or town adopting or revising a comprehensive plan in compliance with RCW 36.70A.070, and on the capital facilities plan identifying:

              (a) Deficiencies in public facilities serving existing development and the means by which existing deficiencies will be eliminated within a reasonable period of time;

              (b) Additional demands placed on existing public facilities by new development; and

              (c) Additional public facility improvements required to serve new development.

              If the capital facilities plan of the county, city, or town is complete other than for the inclusion of those elements which are the responsibility of a special district, the county, city, or town may impose impact fees to address those public facility needs for which the county, city, or town is responsible.


              NEW SECTION. Sec. 7. 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 shall take effect June 1, 1993."

              On page 1, line 2 of the title, after "years;" strike the remainder of the title and insert "amending RCW 36.70A.040, 36.70A.110, 36.70A.120, 36.70A.210, and 82.02.050; adding a new section to chapter 36.70A RCW; providing an effective date; and declaring an emergency."

and the same are herewith transmitted.

Marty Brown, Secretary

MOTION


              Representative H. Myers moved that the House do not concur in the Senate amendments to Engrossed Substitute Senate Bill No. 1761 and ask the Senate to recede therefrom.


              Representative Edmondson spoke in favor of the motion and it was carried.


SENATE AMENDMENTS TO HOUSE BILL


April 13, 1993


Mr. Speaker:


              The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1818, with the following amendment:


              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. The legislature finds that military base expansions, closures, and defense procurement contract cancellations may have extreme economic impacts on communities and firms. The legislature began to address this concern in 1990 by establishing the community diversification program in the department of community development. While this program has helped military dependent communities begin the long road to diversification, base expansions or closures or major procurement contract reductions in the near future will find these communities unable to respond adequately, endangering the health, safety, and welfare of the community. The legislature intends to target emergency state assistance to military dependent communities significantly impacted by defense spending. The emergency state assistance and the long-term strategy should be driven by the impacted community and consistent with the state plan for diversification required under RCW 43.63A.450(4).


              NEW SECTION. Sec. 2. A new section is added to chapter 43.06 RCW to read as follows:

              (1) The governor may, by executive order, after consultation with the executive-legislative committee on economic development created by chapter ... (Senate Bill No. 5300), Laws of 1993, declare a community to be a "military impacted area." A "military impacted area" means a community or communities, as identified in the executive order, that experience serious social and economic hardships because of a change in defense spending by the federal government in that community or communities.

              (2) If the governor executes an order under subsection (1) of this section, the governor shall establish a response team to coordinate state efforts to assist the military impacted community. The response team may include, but not be limited to, one member from each of the following agencies: (a) The department of community development; (b) the department of trade and economic development; (c) the department of social and health services; (d) the employment security department; (e) the state board for community and technical colleges; (f) the higher education coordinating board; (g) the department of transportation; and (h) the Washington energy office. The governor may appoint a response team coordinator. The governor shall seek to actively involve the impacted community or communities in planning and implementing a response to the crisis. The governor may seek input or assistance from the community diversification advisory committee, and the governor may establish task forces in the community or communities to assist in the coordination and delivery of services to the local community. The state and community response shall consider economic development, human service, and training needs of the community or communities impacted.

              (3) The governor shall report at the beginning of the next legislative session to the legislature and the executive-legislative committee on economic development created by chapter ... (Senate Bill No. 5300), Laws of 1993, as to the designation of a military impacted area. The report shall include recommendations regarding whether a military impacted area should become eligible for (a) funding provided by the community economic revitalization board, public facilities construction loan revolving account, Washington state development loan fund, basic health plan, the public works assistance account, department of trade and economic development, employment security department, and department of transportation; (b) training for dislocated defense workers; or (c) services for dislocated defense workers."

              On page 1, line 1 of the title, after "communities;" strike the remainder of the title and insert "adding a new section to chapter 43.06 RCW; and creating a new section."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative Wineberry moved that the House do not concur in the Senate amendments to Engrossed Substitute House Bill No. 1818 and ask the Senate to recede therefrom.


              Representative Forner spoke in favor of the motion and it was carried.


              Representative Ogden presiding assumed the chair.


SENATE AMENDMENTS TO HOUSE BILL


April 7, 1993


Mr. Speaker:


              The Senate has passed HOUSE BILL NO. 1984 with the following amendments:


              On page 2, line 18, after "representative." insert "The office of marine safety administrator, or the administrator's designee, and the environmental organization representative shall be nonvoting members of the board of pilotage commissioners."


              On page 2, line 24, after "meeting." insert "With the exception of the office of marine safety administrator, or the administrator's designee, and the environmental organization representative,"


              On page 2, line 24, after "meeting." strike "All" and insert "((All)) all"

              On page 8, line 27, after "experience." insert "Successful performance in, and completion of, such a training program shall be a condition of obtaining the desired pilot's license."

              On page 9, after line 27, insert:

              "NEW SECTION. Sec. 7. 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 shall take effect immediately."

              On page 1, line 1 of the title, strike "and" and on line 2, after "88.16.110" insert "; and declaring an emergency"

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

POINT OF ORDER


              Representative Rust: Thank you Madame Speaker. I would request a ruling on the scope and object of the Senate amendments to House Bill No. 1984.


              With the consent of the House, further consideration of House Bill No. 1984 was deferred.


SENATE AMENDMENTS TO HOUSE BILL


April 13, 1993


Mr. Speaker:


              The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2067, with the following amendment:


              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1.The legislature finds that reducing the number of commute trips to work is an effective way of reducing automobile-related air pollution, traffic congestion, and energy use. The legislature intends that state agencies shall assume a leadership role in implementing programs to reduce vehicle miles traveled and single-occupant vehicle commuting, under RCW 70.94.521 through 70.94.551.

              The legislature has established and directed an interagency task force to consider mechanisms for funding state agency commute trip reduction programs; and to consider and recommend policies for employee incentives for commuting by other than single-occupant vehicles, and policies for the use of state-owned vehicles.

              It is the purpose of this act to provide state agencies with the authority to provide employee incentives, including subsidies for use of high occupancy vehicles to meet commute trip reduction goals, and to remove existing statutory barriers for state agencies to use public funds, including parking revenue, to operate, maintain, lease, or construct parking facilities at state-owned and leased facilities, to reduce parking subsidies, and to support commute trip reduction programs.

              It is also the purpose of this act to revise other portions of state law that will assist state agencies in meeting their commute trip reduction requirements. A revision to the requirement for motor vehicle tax exemptions for owners of ride-sharing vehicles is one cost-effective and practical incentive that encourages state employees to commute by carpool and vanpool.


              NEW SECTION. Sec. 2. A new section is added to chapter 43.01 RCW to read as follows:

              The definitions in this section apply throughout this chapter.

              (1) "Guaranteed ride home" means an assured ride home for commuters participating in a commute trip reduction program who are not able to use their normal commute mode because of personal emergencies.

              (2) "Pledged" means parking revenue designated through any means, including moneys received from the natural resource building, which is used for the debt service payment of bonds issued for parking facilities.


              Sec. 3. RCW 43.41.140 and 1979 c 151 s 119 are each amended to read as follows:

              Pursuant to policies and regulations promulgated by the office of financial management ((after consultation with and approval by the automotive policy board)), an elected state officer or ((his)) delegate or a state agency director or ((his)) delegate may permit an employee ((commuting)) to commute in a state-owned or leased vehicle ((only)) if such travel is on official business, as determined in accordance with RCW 43.41.130, and is determined to be economical and advantageous to the state, or as part of a commute trip reduction program as required by RCW 70.94.551.


              Sec. 4. RCW 46.08.172 and 1991 sp.s. c 31 s 12 and 1991 sp.s. c 13 s 41 are each reenacted and amended to read as follows:

              ((There is hereby established an account in the state treasury to be known as the "state capitol vehicle parking account".)) The director of the department of general administration shall establish equitable and consistent parking rental fees for state-owned or leased property, to be charged to employees, visitors, clients, service providers, and others, that reflect the legislature's intent to reduce state subsidization of parking. The department shall solicit representatives from affected state agencies, employees, and state employee bargaining units to meet as regional committees. These regional committees will advise the director on parking rental fees, taking into account the market rate of comparable, privately owned rental parking in each region. In the event that such fees become part of a collective bargaining agreement and there is a conflict between the agency and the collective bargaining unit, the terms of the collective bargaining agreement shall prevail. All fees shall take into account the market rate of comparable privately owned rental parking, as determined by the director. ((All unpledged parking rental income collected by the department of general administration from rental of parking space on the capitol grounds and the east capitol site shall be deposited in the "state capitol vehicle parking account".)) However, parking rental fees are not to exceed the local market rate of comparable privately owned rental parking.

              The director may delegate the responsibility for the collection of parking fees to other agencies of state government when cost-effective.

              ((The "state capitol vehicle parking account" shall be used to pay costs incurred in the operation, maintenance, regulation and enforcement of vehicle parking and parking facilities.))


              NEW SECTION. Sec. 5. A new section is added to chapter 43.01 RCW to read as follows:

              There is hereby established an account in the state treasury to be known as the "state capitol vehicle parking account." All parking rental income collected from rental of parking space at state-owned or leased property shall be deposited in the "state capitol vehicle parking account." Revenue deposited in the "state capitol vehicle parking account" shall be first applied to pledged purposes. Unpledged parking revenues deposited in the "state capitol vehicle parking account" may be used to:

              (1) Pay costs incurred in the operation, maintenance, regulation, and enforcement of vehicle parking and parking facilities on state-owned or leased properties;

              (2) Support the lease costs and/or capital investment costs of vehicle parking and parking facilities at agency-owned and leased facilities off the capitol campus; and

              (3) Support commute trip reduction programs under RCW 70.94.521 through 70.94.551.

              Distribution of funds from the "state capitol vehicle parking account" are subject to appropriation by the legislature and will be made by the office of financial management after considering recommendations from the director of general administration and the interagency task force for commute trip reduction, under RCW 70.94.551.


              NEW SECTION. Sec. 6. A new section is added to chapter 43.01 RCW to read as follows:

              State agencies may, subject to appropriation and under the internal revenue code rules, use public funds to financially assist agency-approved incentives for alternative commute modes, including but not limited to carpools, vanpools, purchase of transit and ferry passes, and guaranteed ride home programs, if the financial assistance is an element of the agency's commute trip reduction program as required under RCW 70.94.521 through 70.94.551. This section does not permit any payment for the use of state-owned vehicles for commuter ride sharing.


              NEW SECTION. Sec. 7. A new section is added to chapter 43.01 RCW to read as follows:

              All state higher education institutions are exempt from section 5 of this act.


              Sec. 8. RCW 82.44.015 and 1982 c 142 s 1 are each amended to read as follows:

              For the purposes of this chapter, in addition to the exclusions under RCW 82.44.010, "motor vehicle" shall not include: (1) ((Vans)) Passenger motor vehicles used ((regularly)) primarily as ride-sharing vehicles, as defined in RCW 46.74.010(3), by not fewer than ((seven)) four persons, including passengers and driver((, or not fewer than five persons including the driver, when at least three of those persons are confined to wheelchairs when riding)); or (2) vehicles with a seating capacity greater than fifteen persons which otherwise qualify as ride-sharing vehicles under RCW 46.74.010(3) used exclusively for ride sharing for the elderly or the handicapped by not fewer than seven persons, including driver. The registered owner of one of these vehicles shall notify the department of licensing upon termination of ((regular)) primary use of the vehicle as a ride-sharing vehicle and shall be liable for the tax imposed by this chapter, prorated on the remaining months for which the vehicle is licensed.


              Sec. 9. RCW 46.16.023 and 1987 c 175 s 2 are each amended to read as follows:

              (1) Every owner or lessee of a vehicle seeking to apply for an excise tax exemption under RCW 82.08.0287, 82.12.0282, or 82.44.015 shall apply to the director for, and upon satisfactory showing of eligibility, receive in lieu of the regular motor vehicle license plates for that vehicle, special plates of a distinguishing separate numerical series or design, as the director shall prescribe. In addition to paying all other initial fees required by law, each applicant for the special license plates shall pay an additional license fee of twenty-five dollars upon the issuance of such plates. The special fee shall be deposited in the motor vehicle fund. Application for renewal of the license plates shall be as prescribed for the renewal of other vehicle licenses. No renewal is required for vehicles exempted under RCW 46.16.020.

              (2) Whenever the ownership of a vehicle receiving special plates under subsection (1) of this section is transferred or assigned, the plates shall be removed from the motor vehicle, and if another vehicle qualifying for special plates is acquired, the plates shall be transferred to that vehicle for a fee of five dollars, and the director shall be immediately notified of the transfer of the plates. Otherwise the removed plates shall be immediately forwarded to the director to be canceled. Whenever the owner or lessee of a vehicle receiving special plates under subsection (1) of this section is for any reason relieved of the tax-exempt status, the special plates shall immediately be forwarded to the director along with an application for replacement plates and the required fee. Upon receipt the director shall issue the license plates that are otherwise provided by law.

              (3) Any person who shall knowingly make any false statement of a material fact in the application for a special plate under subsection (1) of this section shall be guilty of a gross misdemeanor."

              On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 43.41.140, 82.44.015, and 46.16.023; reenacting and amending RCW 46.08.172; adding new sections to chapter 43.01 RCW; creating a new section; and prescribing penalties."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative R. Fisher moved that the House do not concur in the Senate amendments to Engrossed Substitute House Bill No. 2067 and to ask the Senate to recede therefrom.


              Representative Schmidt spoke in favor of the motion and it was carried.


              The Speaker assumed the chair.


SENATE AMENDMENTS TO HOUSE BILL


April 13, 1993


Mr. Speaker:


              The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1209 with the following amendment:


              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. This act may be known and cited as the performance-based education act.


              NEW SECTION. Sec. 2. (1)(a) The mission of Washington's K-12 education system is to enable people to be responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive lives. To these ends, schools, together with parents and communities, shall strive to help all students develop the knowledge, skills, and attributes essential to function effectively and lead successful lives. Although schools, parents, and communities shall strive together in this mission, the legislature still believes that the primary functions of school and home differ: Ideally, school is where children learn to learn; home is where they learn to live.

              (b) This mission is based on the recognition that our education system needs to keep pace with societal changes, changes in workplace environments, and an ever-changing international community. Finally, the mission recognizes that the education must be improved to prepare students better to meet the challenges of their future, including acquisition of certain skills and knowledge and the ability to act on information and conclusions once they have assimilated and analyzed information.

              (c) This mission can be accomplished through a restructured system of world-class, performance-based education requiring all the elements in chapter . . ., Laws of 1993 (this act).

              (2) For all parents, greater involvement in their child's education is critical to their child's success. It is the intent of chapter . . ., Laws of 1993 (this act) that parents be primary partners in the education of their children. Parents should also play a significant role in local school decision making affecting instruction at the school level.

              (3) Creating a performance-based education system will require different ways of making decisions and completing work. Additional improvements envisioned will be brought about through different practices at the local level. Collaboration among parents, students, educators, community members, and elected officials will become a strong part of everyday effort. All systems and programs will be focused on what is best for increasing student achievement. In addition to a focused mission, other areas of paramount concern in school shall be the maintenance of order; the spending of time on the tasks; and maintenance of high expectations for all students. The purpose is to strive to help all students master the essential learning requirements.

              (4) It is the intent of the legislature that all children will have the opportunity to achieve at significantly higher levels. This will require setting high expectations for all students. For all students, learning shall be the constant. Time spent on learning and gaining competence shall be the variable. The education system, from the schoolhouse to the state house, must be responsible and accountable to citizens for meeting specific goals and outcomes.

              (5) Students will learn more when:

              (a) Each student exercises fully his or her share of the responsibility for his or her educational experience and performance, given positive support from parents and community, and instructional guidance from the schools;

              (b) Parents take more responsibility for their child's education;

              (c) Businesses assume greater responsibility for supporting schools; and

              (d) Educators take responsibility for meeting the diverse educational needs of all students.

              (6) It is the intent of the legislature to provide students the opportunity for an ample educational experience and an educational environment that fosters mutually respectful interactions in an atmosphere of collaboration and cooperation, and in which students develop awareness, understanding, and sensitivity to differences among people, including but not limited to gender, race, color, national origin, and religion.

              (7)(a) It is the intent of the legislature that any student, from those at-risk to students who may be developmentally delayed or disabled, who is having difficulty meeting the student learning goals under section 202 of this act be provided with instructional opportunities to help him or her meet the goals.

              (b) Similarly, in support of subsection (6) of this section, it is the intent of the legislature that any highly capable student who has met or exceeded the student learning goals under section 202 of this act be provided with instructional opportunities to help him or her advance his or her educational experience.


PART I

COMMUNITY SELECTION OF LOCAL EDUCATION PROGRAM


              NEW SECTION. Sec. 101. (1) Each school district in the state shall develop educational programs designed to provide each student in the district with the opportunity to achieve the student learning goals under section 202 of this act.

              (2) Each school district board of directors may authorize a school or schools in the district to participate in the performance-based education system developed under RCW 28A.630.885, following a public hearing by the school board and adoption of a motion stating the intent and scope of participation. The adopted motion shall require that schools authorized and choosing to participate in the performance-based education system shall administer the tests required under RCW 28A.230.190, 28A.230.230, and 28A.230.240 for at least five school years following the date of first participation in the performance-based system. A copy of the adopted motion shall be transmitted to the superintendent of public instruction by the district board of directors. After a public hearing, the school board may repeal the motion stating the intent and scope of participation and shall transmit a copy of the motion repealing the intent and scope of participation to the superintendent of public instruction.

              (3) The state schools for the deaf and blind, pursuant to subsection (2) of this section, may participate in the performance-based education system developed under RCW 28A.630.885 and may apply for grants under section 401 of this act.

              (4) Each school district board of directors may adopt procedures to permit parents to remove their children from courses of instruction offered primarily to meet student learning goal number four listed under section 201 of this act.

              (5) Nothing under chapter . . ., Laws of 1993 (this act) shall affect the provisions of RCW 28A.230.070(4) that allow students not to participate in AIDS prevention education, and state board of education rules that allow students an excusal from planned instruction in sex education or human sexuality.

              (6) For schools not authorized or choosing to participate in the performance-based education system developed under RCW 28A.630.885, sections 501 through 507, chapter 141, Laws of 1992 shall not apply.


PART II

STUDENT LEARNING GOALS


              NEW SECTION. Sec. 201. The following student learning goals for Washington's primary and secondary students, as recommended by the governor's council on education reform and funding, are supported by the legislature:

              The ultimate goal of Washington's K-12 education system is to enable people to be responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive and satisfying lives. To these ends, schools, together with parents and communities, shall help all students develop the knowledge, skills, and attributes essential to:

              (1) Communicate effectively and responsibly in a variety of ways and settings;

              (2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; arts; humanities; and health and fitness;

              (3) Think critically and creatively and integrate experience and knowledge to form reasoned judgments, solve problems, and resolve conflicts;

              (4) Function as caring and responsible individuals and contributing members of families, work groups, and communities.


              NEW SECTION. Sec. 202. The state board of education shall by rule adopt the final student learning goals in section 201 of this act recommended by the governor's council on education reform and funding. Of these goals, goal two, in section 201(2) of this act, shall be primary. The legislature finds that from achievement of goal two, achievement of the other goals might follow. The legislature finds that students must above all else achieve mastery of knowledge and skills in core areas of reading, writing, speaking, science, history, geography, and mathematics. The legislature also finds that families and communities bear the primary responsibility for seeing that children function as caring and responsible members of families, work groups, and communities. The student learning goals shall be effective for all school districts beginning with the 1993-94 school year. The state board shall review the goals at least once every ten years and update them as necessary. Local school districts may add goals to the student learning goals in section 201 of this act.


              NEW SECTION. Sec. 203. It is the intent of the legislature that instruction in the broad subject areas of mathematics, social sciences, physical sciences, life sciences, arts, humanities, and health and fitness identified under student learning goal number two under section 201(2) of this act will continue to be offered in ways that emphasize the importance of these basic areas of knowledge to the future success of students after they graduate.


PART III

COMMISSION ON STUDENT LEARNING


              Sec. 301. RCW 28A.630.884 and 1992 c 141 s 201 are each amended to read as follows:

              Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.630.884 ((and)), 28A.630.885, and sections 101, 201, 202, 401, 502, 701, 801, 902, 903, 1201, and 1301 of this act.

              (1) (("Academic assessment system" or)) "Assessment system" means ((a series of academic examinations and performance-based assessments developed by the commission on student learning to determine if students have mastered the)) methods of assessing student achievement that require demonstration of the essential ((academic)) learning requirements.

              (2) "Commission" means the commission on student learning created in RCW 28A.630.885(1).

              (3) "Essential ((academic)) learning requirements" means the academic and technical knowledge and skills ((identified by the commission on student learning, as reviewed and amended by the legislature and state board of education, that students are expected to know and be able to do at specified intervals in their schooling. The essential academic learning requirements, at a minimum, shall include knowledge and skills in reading, writing, speaking, science, history, geography, mathematics, and critical thinking)) that students are expected to know and be able to do at specified intervals in their schooling. The essential learning requirements at a minimum shall include knowledge and skills in reading, writing, speaking, science, history, geography, mathematics, and critical thinking.

              (4) "Outcome" means an example or indicator of what a student knows or is able to do in relation to a student learning goal.

              (5) "Performance-based" or "outcomes-based" education means a system designed to help students achieve specific goals and standards of what students should know and be able to do. The system provides flexibility for students as they proceed toward achieving and demonstrating the goals and standards. Students proceed through a performance-based or outcomes-based system by demonstrating competency.

              (6) "Site-based decision making" means an administrative system in which school employees, parents, and others in the community exercise shared decision making on some aspects of school operations.

              (7) "Standards" means criterion or an agreed upon level of performance or achievement that are linked to the state-wide student learning goals and that serve as a basis for decision making.

              (8) "Student learning goals" means the goals listed under section 201 of this act.


              Sec. 302. RCW 28A.630.885 and 1992 c 141 s 202 are each amended to read as follows:

              (((2))) (1) The Washington commission on student learning is hereby established. The primary purposes of the commission are to identify what all students need to know and be able to do based on the final student learning goals ((of the governor's council on education reform and funding, to develop)) adopted by the state board of education under section 202 of this act, cause the further development of student assessment and school accountability systems, and to take other steps necessary to develop a performance-based education system.

              (2)(a) The commission shall include three members of the state board of education, three members appointed by the governor before July 1, 1992, and ((three)) five members appointed ((no later than February 1, 1993,)) by the governor elected in the November 1992 election. Three of the five members shall be appointed no later than February 1, 1993, and two of the five members shall be appointed no later than July 1, 1993. In making the appointments, educators, business leaders, and parents shall be represented, and nominations from state-wide education, business, and parent organizations shall be requested. Efforts shall be made to ensure that the commission reflects the cultural diversity of the state's K-12 student population and that the major geographic regions in the state are represented. Appointees shall be qualified individuals who are supportive of educational restructuring, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.

              (((3))) (b) The governor shall appoint a chair from the commission members. The governor shall fill vacancies that may occur on the commission except those vacancies determined by the state board of education.

              (c) The commission shall begin its substantive work subject to ((subsection (1) of this section)) section 202(1), chapter 1, Laws of 1992.

              (((4))) (3) The commission shall establish technical advisory committees. Membership of the technical advisory committees shall include, but not necessarily be limited to, professionals from the office of the superintendent of public instruction and the state board of education, and other state and local educational practitioners and student assessment specialists.

              (((5))) (4) The commission, with the assistance of ((the)) any technical advisory committees, shall:

              (a) ((Identify what all elementary and secondary students need to know and be able to do. At a minimum, these)) Develop essential ((academic)) learning requirements ((shall include reading, writing, speaking, science, history, geography, mathematics, and critical thinking. In developing these essential academic learning requirements, the commission shall incorporate the student learning goals identified by the council on education reform and funding)) based on the student learning goals adopted by the state board of education under section 202 of this act. These requirements shall be implemented through the development of performance standards. The essential learning requirements and standards shall not be less than world class so that Washington, its students, and its businesses might more effectively and continuously compete in the world market. "World class standards" means standards set at levels that will enable Washington's students to compete successfully with students throughout the world. In developing essential learning requirements and standards, the commission shall give effect to the legislature's intent (i) that student learning goal two is primary to the other goals; and (ii) that students must achieve world class knowledge and skills in core areas of reading, writing, speaking, science, history, geography, and mathematics. In developing the performance standards and assessment systems under this section, the commission shall consider the experiences and information from local districts and schools that are already involved in these areas;

              (b) By December 1, 1995, present to the state board of education and superintendent of public instruction a state-wide ((academic)) assessment system for use in the elementary grades designed to determine if each student has mastered the essential ((academic)) learning requirements identified in (a) of this subsection. The ((academic)) assessment system shall include a variety of methodologies, including performance-based measures that are criterion-referenced. The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who do not master the essential ((academic)) learning requirements. Mastery of each component of the essential ((academic)) learning requirements shall be required before students progress in subsequent components of the essential ((academic)) learning requirements. The state board of education and superintendent of public instruction shall implement the elementary ((academic)) assessment system beginning in the 1996-97 school year, if completed and for public schools choosing to participate, unless the legislature takes action to delay or prevent implementation of the assessment system and essential ((academic)) learning requirements. The state board of education and superintendent of public instruction ((may)) shall review and modify the ((academic)) assessment system, as needed, in subsequent school years;

              (c) By December 1, 1996, present to the state board of education and superintendent of public instruction a state-wide ((academic)) assessment system for use in the secondary grades designed to determine if each student has mastered the essential ((academic)) learning requirements identified for secondary students in (a) of this subsection. The ((academic)) assessment system shall use a variety of methodologies, including performance-based measures, to determine if students have mastered the essential ((academic)) learning requirements, and shall lead to a certificate of mastery at about age sixteen. The certificate of mastery shall be required for graduation but shall be based only on student learning goals one through three in section 201 of this act. The assessment system shall be designed so that the results are used by educators to evaluate instructional practices, and to initiate appropriate educational support for students who do not master the essential ((academic)) learning requirements. The commission shall recommend to the state board of education whether the certificate of mastery should take the place of the graduation requirements ((or be required for graduation in addition to graduation requirements)). The state board of education and superintendent of public instruction shall implement the secondary ((academic)) assessment system beginning in the 1997-98 school year, if completed and for public schools choosing to participate, unless the legislature takes action to delay or prevent implementation of the assessment system and essential ((academic)) learning requirements. The state board of education and superintendent of public instruction ((may)) shall review and modify the assessment system, as needed, in subsequent school years;

              (d) Consider methods to address the unique needs of special education students and students who have demonstrated gaps in learning based on students' racial and ethnic minority status when developing the assessments in (b) and (c) of this subsection;

              (e) ((Develop strategies that will assist educators in helping students master the essential academic learning requirements;

              (f) Establish a center the primary role of which is to plan, implement, and evaluate a high quality professional development process. The quality schools center shall: Have an advisory council composed of educators, parents, and community and business leaders; use best practices research regarding instruction, management, curriculum development, and assessment; coordinate its activities with the office of the superintendent of public instruction and the state board of education; employ and contract with individuals who have a commitment to quality reform; prepare a six-year plan to be updated every two years; and be able to accept resources and funding from private and public sources;

              (g) Develop recommendations for the repeal or amendment of federal, state, and local laws, rules, budgetary language, regulations, and other factors that inhibit schools from adopting strategies designed to help students achieve the essential academic learning requirements;

              (h))) Develop recommendations on the time, support, and resources, including technical assistance, needed by schools and school districts to help students achieve the essential ((academic)) learning requirements. These recommendations shall include an estimate for the legislature, superintendent of public instruction, and governor on the expected cost of implementing the elementary and secondary ((academic)) assessment systems during the 1995-97 biennium and beyond;

              (((i))) (f) Develop recommendations for consideration by the higher education coordinating board for adopting college and university entrance requirements that ((would assist schools in adopting strategies designed to help students achieve the essential academic learning requirements)) are consistent with a performance-based education system;

              (((j))) (g) By December 1, 1996, recommend to the legislature, state board of education, and superintendent of public instruction a state-wide accountability system to evaluate accurately and fairly the level of learning occurring in individual schools and school districts((. The commission also shall recommend to the legislature steps that should be taken to assist school districts and schools in which learning is significantly below expected levels of performance as measured by the academic assessment systems established under this section));

              (((k))) (h) Report annually by December 1st to the governor and the legislature ((and the state board of education)) on the progress, findings, and recommendations of the commission; and

              (((l))) (i) Complete other tasks, as appropriate.

              (((6))) (5) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.

              (((7))) (6) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work, including holding periodic regional public hearings.

              (((8))) (7) The commission shall select an entity to provide staff support and the office of ((financial management shall contract with that entity)) the superintendent of public instruction shall provide administrative oversight and be the fiscal agent for the commission on student learning. The superintendent shall report annually to the commission on student learning on the activities of the superintendent's office of educational restructuring, research, and technical assistance under RCW 28A.300.130. The commission may direct the ((office of financial management)) superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.

              (((9))) (8) Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.


PART IV

PLANNING AND TIME FOR RESTRUCTURING


              NEW SECTION. Sec. 401. (1) From appropriated funds, beginning with the 1994-95 school year, the office of the superintendent of public instruction shall provide staff development program grants, to the extent funds are appropriated, to local districts to provide state-funded certificated instructional staff, state-funded classified staff with instructional responsibilities, and state-funded classified secretarial staff in each school in the district with the equivalent of an average of five additional days beyond the student school calendar year. These nonstudent days shall be used by schools for staff development, planning, and implementation activities as local districts and schools move toward a performance-based education program.

              (2) The compensation for these days shall be at the regular salary rates and shall constitute supplemental compensation under RCW 28A.400.200(4).

              (3) The staff development program grants shall be for school building activities related to planning, curriculum development, instructional strategies, assessment, evaluation, the use of technology, and other approaches to restructuring. The funds may be used by schools to shift to school-based decision making.

              (4)(a) To be eligible for staff development program grants beginning in fiscal year 1994-95, districts shall submit to the state board of education, school building applications to develop broad-based strategic restructuring plans. The applications shall be submitted under the provisions of RCW 28A.305.140(1). Grants shall be renewed on the same basis as waivers are provided under RCW 28A.305.140(2).

              (b) The building plan shall involve broad participation. In addition to the provisions of RCW 28A.305.140(1), the plan shall include: Performance-based assessment, evaluation, and in-service in cultural diversity, including how to work with diverse populations. The plan may contain elements including but not limited to technology, curriculum development, and continuous quality improvement.

              (5) The school site council shall authorize the building plan and submit it to the school board.

              (6) The school board shall conduct at least one public hearing on the building restructuring plans before the board votes to approve the plans and before the district files an application with the state for a staff development grant. Boards may hear more than one proposed plan at a hearing and may approve more than one plan at a hearing.


              NEW SECTION. Sec. 402. A new section is added to chapter 28A.240 RCW to read as follows:

              (1) To be eligible for grants under section 401 of this act, a school district board of directors shall adopt a policy authorizing school site-based councils.

              (2) The policy adopted by a school district board of directors shall include but is not limited to:

              (a) Procedures for forming a school site-based council and official recognition of the council by the district;

              (b) Membership of the school site-based council including parents, staff, community members, and age-appropriate students. Existing organizations may be used to form the school site-based council;

              (c) Designation of activities with which school site-based councils may become involved, including management, budget, personnel, and program decisions affecting instruction at the school level;

              (d) Delegation of authority to school site-based councils to adopt their own bylaws and charters; and

              (e) Provisions for educating members of school site-based councils to help all members to become knowledgeable about school funding, educational programs, and options for change.


PART V

LEADERSHIP FOR RESTRUCTURING


              NEW SECTION. Sec. 501. (1) The Washington state principal internship support program is created. The purpose of the program is to provide funds to school districts for employees who are in a principal preparation program to complete an internship with a mentor principal.

              (2)(a) Beginning in the 1994-95 school year, school districts may participate in the principal internship support program to the extent funds are appropriated.

              (b) A principal internship shall consist of a minimum of ninety school days. For internships funded under this program, the state shall provide reimbursement for substitute costs at the daily rate allocated in the omnibus appropriations act for sixty-eight days of instruction and the district shall cover substitute costs for the remainder of the internship. The superintendent of public instruction shall establish procedures, by rule, for a district to receive additional funds to pay for additional substitute costs, if the district would otherwise be unable to participate in the program.

              (c) Funds appropriated for the principal internship support program shall be allocated by the superintendent of public instruction to the educational service districts based on the percentage of full-time equivalent public school students enrolled in school districts in each educational service district.

              (d) Once principal internship participants have been selected, the educational service districts shall allocate the funds to the appropriate school districts. The funds shall be used to pay for replacement substitute staff while the school district employee is completing the principal internship.

              (e) Educational service districts may be reimbursed for costs associated with implementing the program. Reimbursement rates shall be determined by the superintendent of public instruction.

              (3) The process for selecting participants in the principal internship support program shall be as follows:

              (a) The candidate must be enrolled in a state board of education approved principal preparation program.

              (b) The candidate must apply in writing to his or her local school district.

              (c) Candidates shall be selected to: (i) Reflect the racial and ethnic diversity of the student population in the educational service district region; and (ii) to the extent practicable, represent an equal number of women and men.

              (d) Each school district shall determine which applicants meet its criteria for participation in the principal internship support program and shall notify in writing its educational service district of the school district's selected applicants. When submitting the names of applicants, the school district shall identify a mentor principal for each principal intern applicant.


              NEW SECTION. Sec. 502. (1) The state board of education shall appoint a principal internship advisory task force to develop and recommend to the board standards for the principal internship support program.

              (2) Colleges, universities, and school districts may establish additional standards.

              (3) Principal interns shall complete all the standards in order to complete the internship program successfully.

              (4) Task force membership shall include, but is not limited to, persons representing the office of the superintendent of public instruction, principals, school administrators, teachers, school directors, higher education principal preparation programs, and educational service districts. The task force membership shall, to the extent possible, be culturally diverse and gender balanced.


PART VI

MENTOR PROGRAM


              Sec. 601. 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)) 28A.400.200: 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.

              Any district may release a mentor teacher to work full time with beginning or experienced teachers, or both.


              NEW SECTION. Sec. 602. A new section is added to chapter 28A.415 RCW to read as follows:

              (1) From appropriated funds, the superintendent of public instruction shall establish a pilot program to support the pairing of full-time mentor teachers with experienced teachers who are having difficulties and full-time mentor teachers with beginning teachers under RCW 28A.415.250. The superintendent shall select up to ten districts for the pilot program. At least one of the districts shall be a first class school district having within its boundaries a city with a population of four hundred thousand people or more, if an application to participate is received from such district. The pilot program shall begin the 1993-94 school year and conclude the end of the 1995-96 school year.

              (2) The superintendent of public instruction shall submit a report to the legislature by December 31, 1995, with findings about the pilot program and recommendations regarding continuing the program beyond the 1995-96 school year.

              (3) The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to implement the pilot program established under subsection (1) of this section.


PART VII

CERTIFICATION REQUIREMENTS


              NEW SECTION. Sec. 701. (1) In conducting its study on outcomes-based standards for the approval of educator preparation programs, the state board of education shall assure that the adoption of new program approval standards are consistent with and support the establishment of a performance-based education system under the provisions of chapter . . ., Laws of 1993 (this act). In addition, the new standards shall ensure that graduates from the preparing institutions of the state are appropriately prepared to enter the performance-based education system, including knowledge and skills to work with culturally diverse students. The new standards shall be adopted not later than the beginning of the 1996-97 school year.

              (2) The state board shall report to the governor, the legislature, and the commission on student learning by December 31, 1993, on the progress and any findings of the board's study of outcomes-based program approval standards. When the study is completed, the board shall submit a final report to the governor, the legislature, and the commission on student learning. The final report shall include findings and recommendations regarding the impact of the new standards on the recruitment of culturally diverse candidates to the teaching profession.

              (3) The state board shall adopt necessary rules under chapter 34.05 RCW to implement the recommendations of the certification study required under section 104, chapter 141, Laws of 1992.

              (4) The superintendent of public instruction and the state board of education shall review the provisions of chapter 28A.690 RCW, interstate agreement on qualifications of educational personnel, and make recommendations as necessary to the legislature and the governor to amend these provisions to be consistent with the new certification requirements to be implemented under subsection (3) of this section.


PART VIII

PARENT AND COMMUNITY INVOLVEMENT


              NEW SECTION. Sec. 801. (1) The superintendent of public instruction shall appoint a twelve member parent and community advisory council whose membership shall include a minimum of six parents.

              (2) The parent and community advisory council shall advise the state superintendent on:

              (a) How to increase parent and citizen involvement in education with a particular focus on reaching parents who have not previously been involved with their children's education;

              (b) Identifying obstacles to greater parent and community involvement in school site-based decision making; and

              (c) Recommend strategies for helping parents and community members to participate effectively in school site-based decision making, including understanding and respecting the roles of building administrators and staff.

              (3) Through the office of educational restructuring, research, and technical assistance under RCW 28A.300.130, the superintendent shall, in consultation with the parent and community advisory council, on a request basis, provide or contract to provide to any school, district, or community, information, technical assistance, or training regarding citizen participation in education, including training to promote the effective participation of parents and community members on school site councils.


PART IX

INCENTIVE AND ASSISTANCE PROGRAM


              NEW SECTION. Sec. 901. From appropriated funds, the superintendent of public instruction shall provide incentive grants under section 902 of this act and provide assistance grants under section 903 of this act.


              NEW SECTION. Sec. 902. (1) The commission on student learning shall develop an incentive program to provide rewards to schools in which a large percentage of students significantly exceed the essential learning requirements. Each school shall be assessed individually against its own baseline for the incentive program. Data collected for the incentive program shall be collected and analyzed by gender, racial or ethnic background, and socioeconomic status and shall not be used to compare one school against another. Rewards shall be based on the rate of percentage change of students achieving the performance standards. An explicit account shall be taken of the rate of percentage change of special needs and at-risk students achieving the performance standards and the mobility of students.

              (2) Staff at each school, in partnership with the school site council, shall decide how to spend the reward.

              (3) The incentive program shall be administered by the superintendent of public instruction. The first incentive grants shall be awarded the 1997-98 school year. Incentive grants shall be awarded every two years to eligible schools, to the extent funds are appropriated.


              NEW SECTION. Sec. 903. (1) The commission on student learning shall develop an assistance program to provide assistance other than monetary assistance to schools and districts experiencing difficulty in assisting a significant percentage of their students to achieve the essential learning requirements.

              (2) The assistance program shall include a process for the superintendent of public instruction to intervene in the operation of districts or schools that dramatically and persistently fail to help students meet the essential learning requirements.

              (3) The assistance program shall be administered by the superintendent of public instruction. The first assistance grants shall be awarded the 1997-98 school year. Assistance grants shall be awarded every two years to schools or districts as determined by the state superintendent, to the extent funds are appropriated.


              Sec. 904. RCW 28A.300.130 and 1986 c 180 s 1 are each amended to read as follows:

              (1) ((Recent and)) Expanding activity in educational research and educational restructuring initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible, including school-based technical assistance coordinated by the office of the superintendent of public instruction. To facilitate access to information and materials on ((education)) educational restructuring and research, the superintendent of public instruction shall ((act as the state clearinghouse for educational information)) establish an office of educational restructuring, research, and technical assistance.

              (2) In carrying out this function, the superintendent of public instruction's primary duty shall be to collect, ((screen,)) organize, analyze, synthesize, and disseminate, including technical assistance, information pertaining to the state's ((educational system from preschool through grade twelve, including but not limited to)) common school system. The primary duty to collect and disseminate information is not limited to but shall include information on:

              (a) The work and activities of the commission on student learning;

              (b) In-state research and development efforts, including restructuring initiatives in Washington schools and districts;

              (c) Descriptions of exemplary, model, and innovative programs; and

              (d) Related information that can be used in ((developing)) helping schools and districts with restructuring initiatives and developing more effective programs.

              (3) (a) It shall be an additional focus of the office of educational restructuring, research, and technical assistance to promote lifelong learning and community involvement in education, which is defined as coordinated efforts in communities to provide education to citizens of all ages in a variety of settings using, to the extent possible, shared funding, sites, and staffing.

              (b) The legislature finds that promoting the effective and efficient coordination of all community educational services can provide for the lifelong learning and positive community involvement of Washington's citizens. Educational opportunities in a community might include early childhood education; parenting education and parent involvement; literacy training; job training and retraining; technical preparation programs; student career academies and career centers for all citizens; student apprenticeships, internships, and job mentor programs; tutoring; school staff sabbaticals; programs for business and labor participation in schools; release-time programs for community members to participate in schools; and other types of adult education, including programs for senior citizens. These services might be provided by state or community-based agencies including, but not limited to: Public schools, including skills centers; counties, cities, and towns, including parks departments, health departments, and libraries; community and technical colleges; business and labor organizations; service organizations; and private and nonprofit organizations.

              (c) The office shall consult with appropriate state agencies and other groups and organizations that provide lifelong learning and community involvement in education services and: Provide assistance to local communities wishing to coordinate services for lifelong learning and community involvement in education; encourage local communities to coordinate program and facility resources; identify statutory and regulatory provisions impeding local collaboration for lifelong learning and community involvement in education; identify and promote effective models of lifelong learning and community involvement in education programs; and assist communities in exchanging information concerning lifelong learning and community involvement in education services.

              (4) The superintendent of public instruction shall maintain a collection of such studies, articles, reports, research findings, ((monographs, bibliographies, directories, curriculum materials, speeches, conference proceedings, legal decisions that are concerned with some aspect of the state's education system,)) and other applicable materials as necessary in order that the office of educational restructuring, research, and technical assistance can provide timely information services and technical assistance to educational staff, students, parents, schools, districts, and other groups or agencies as appropriate. All materials and information shall be considered public documents under chapter 42.17 RCW and the superintendent of public instruction shall furnish copies of educational materials at nominal cost.

              (((4))) (5) The superintendent of public instruction shall coordinate technical assistance and the dissemination of information with the educational service districts ((and shall publish and distribute, on a monthly basis, a newsletter describing current activities and developments in education in the state)). In coordinating technical assistance services, the superintendent shall make every effort to use practitioners to assist both agency staff as well as educators and others in schools and districts.


PART X

COORDINATED SOCIAL AND HEALTH SERVICES


              NEW SECTION. Sec. 1001. (1) The purpose of this section is to enhance the quantity, quality, efficiency, and effectiveness of services for children and families in order to enable children to learn while in school.

              (2) Beginning with the 1993-94 school year, the office of the superintendent of public instruction, to the extent funds are appropriated, shall allocate funds for pilot programs in up to ten counties or municipalities to meet the needs of children and families better so that children can achieve in school.

              (3) Beginning with the 1994-95 school year, the superintendent of public instruction, to the extent funds are appropriated, shall allocate funds annually for state-wide implementation for programs that assist children achieving in school. To qualify for funds, local districts and schools, local service providers, local governments, state agencies, and persons organized for the purpose of designing and providing services for children and families, shall develop plans for enhancing the flexibility, coordination, and responsiveness of the educational, social, and health services for students and families identified as at-risk. Plans shall address the needs of children and families in a county or multicounty area, or in a municipal or multimunicipal area.

              (4) The family policy council established in chapter 70.190 RCW shall determine the information that must be included in the plans. At a minimum, plans shall include:

              (a) A description of services, funding sources, intended outcomes, and measures to evaluate the programs implemented under the plan;

              (b) Agreed upon responsibilities of participating agencies;

              (c) Means to accommodate cultural diversity and changes in student populations and to ensure equity, access, and relevance in providing services;

              (d) Means to ensure parental involvement in planning and the use of services; and

              (e) An identified lead agency to receive state funds allocated for the purposes of this section.

              (5) Funds provided for the purposes of subsections (3) and (4) of this section shall be used only for those plans approved by the family policy council. The council shall review local plans by November 1, 1993, and the beginning of every school year thereafter.

              (6) The family policy council shall coordinate the provision of technical assistance to local communities for the development of coordinated services for students.


PART XI

TECHNOLOGY


              NEW SECTION. Sec. 1101. The legislature recognizes the ongoing necessity for public schools to use up-to-date tools for learning to meet goals for education. To participate successfully in the contemporary workplace, students should be able to use technology and be able to get information electronically. Workplace technology requirements will continue to change and students should learn the new requirements.

              Furthermore, the legislature finds that the Washington systemic initiative is a broad-based effort to promote widespread public literacy in mathematics, science, and technology. A critical component of the systemic initiative is the electronic access to information by students. It is the intent of the legislature that components of sections 1102 through 1105 of this act will support the state-wide systemic reform effort in mathematics, science, and technology as planned through the Washington systemic initiative.


              NEW SECTION. Sec. 1102. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1101 through 1105 of this act.

              (1) "Education technology" means the effective use of electronic tools and electronic pathways in meeting goals established for education.

              (2) "Network" means integrated linking of education technology systems in schools for transmission of voice, data, video, or imaging, or a combination of these.


              NEW SECTION. Sec. 1103. (1) The superintendent of public instruction may establish an educational technology section, and through that section develop and implement a Washington state technology program, the coordination and development of which shall be consistent with the applicable provisions of chapter 43.105 RCW. The program shall include:

              (a) State-wide support to help school districts plan, implement, and educate staff in the use of technology for educational and administrative purposes;

              (b) Grants to school districts to help districts integrate technology into the learning process and to connect to the state-wide and national networks for educational purposes;

              (c) Development of on-line information services for Washington state, with links to other services. These links shall provide avenues of communication between all levels of education;

              (d) Staff support for on-line educational projects involving students throughout the state and nation; and

              (e) Expansion of state-wide networks, including educational video teleconferences.

              (2) The superintendent of public instruction shall distribute grants, from moneys appropriated for this purpose, to educational service districts for:

              (a) Establishing regional educational technology support centers to provide ongoing educator training, school district cost-benefit analysis, long-range planning, network planning, distance learning access support, and other technical and program support. Each educational service district shall establish an advisory council to advise the educational service district about spending the grant moneys; and

              (b) Establishing each educational service district as a site for video conferences on the network.

              (3) The superintendent of public instruction shall distribute grants, from moneys appropriated for this purpose, to school districts for:

              (a) Support for school district personnel to become trainers on state-wide and national networks;

              (b) Incentives to encourage school districts to plan for, implement, and evaluate the effective use of technology in the school curriculum; and

              (c) Helping schools connect into the state-wide network for curricular purposes. The criteria for selection of schools to receive grants shall be based on schools' readiness to use network services and economic need.

              (4) The superintendent of public instruction shall adopt rules requiring local districts to provide a twenty-five percent match of grant funds from other sources. However, the superintendent of public instruction shall adopt rules to waive all or part of the match requirement for districts that can demonstrate, based on the district's relative property tax wealth, that they would not be able to apply for the grant unless all or part of the match requirement was waived. A district capital levy for technology will satisfy the local match requirement under this section.

              (5) The superintendent of public instruction shall distribute grants, from moneys appropriated for this purpose, to the Washington school information processing cooperative, for equipment to expand the current state-wide network and to establish a system for video conferences.


              NEW SECTION. Sec. 1104. The superintendent of public instruction shall appoint an educational technology advisory committee. The committee shall include, but is not limited to, persons representing: The state board of education, the commission on student learning, educational service districts, school directors, school administrators, school principals, teachers, higher education faculty, parents, students, business, labor, scientists and mathematicians, the higher education coordinating board, the work force training and education coordinating board, the state library, and the department of information services.

              The committee shall advise the superintendent of public instruction on the implementation of sections 1101 through 1103 of this act.


              NEW SECTION. Sec. 1105. (1) The superintendent of public instruction may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of education technology and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.

              (2) The education technology fund is hereby established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the fund all moneys received from gifts, grants, or endowments for education technology. Moneys in the fund may be spent only for education technology. Disbursements from the fund shall be on authorization of the superintendent of public instruction or the superintendent's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.


PART XII

DEREGULATION


              NEW SECTION. Sec. 1201. (1) The superintendent of public instruction and the state board of education shall review all laws pertaining to K-12 public education. Except those laws that protect the health, safety, and civil rights of students and staff, the intent of the review is to justify, modify, and maintain only those laws that support the new performance-based education system for all students.

              (2) The superintendent and the state board shall conduct the review in a manner that includes a broad representation of citizens, including parents, students, educators, and others, to assist in the review process.

              (3) The superintendent shall determine a specific timetable for the review. Beginning January 1994, and each succeeding January until the review is done, but not later than January 1997, the superintendent shall submit to the governor and legislature a list of all laws reviewed during the preceding year and the laws to be reviewed the next year.

              (4) Private schools and parents who home school their children are subject only to those minimum state controls necessary to ensure the health and safety of all students in the state and to ensure that students have a basic educational opportunity. Parents who are home schooling their children under chapter 28A.200 RCW and RCW 28A.225.010(4) and private schools under chapter 28A.195 RCW shall not be subject to:

              (a) State-wide student learning goals and essential learning requirements under RCW 28A.150.210 and 28A.630.885(5)(a);

              (b) The elementary assessment system under RCW 28A.630.885(5); or

              (c) The secondary assessment system, including the certificate of mastery, under RCW 28A.630.885(5)(c).

              (5) The review of statutes under subsections (1) and (2) of this section shall be conducted consistent with the exemptions provided under subsection (4) of this section for private schools and parents who home school their children.


              Sec. 1202. RCW 28A.225.220 and 1990 1st ex.s. c 9 s 201 are each amended to read as follows:

              (1) Any board of directors may make agreements with adults choosing to attend school: PROVIDED, That unless such arrangements are approved by the state superintendent of public instruction, a reasonable tuition charge, fixed by the state superintendent of public instruction, shall be paid by such students as best may be accommodated therein.

              (2) A district is strongly encouraged to honor the request of a parent or guardian for his or her child to attend a school in another district.

              (3) A district shall release a student to a nonresident district that agrees to accept the student if:

              (a) A financial, educational, safety, or health condition affecting the student would likely be reasonably improved as a result of the transfer; or

              (b) Attendance at the school in the nonresident district is more accessible to the parent's place of work or to the location of child care; or

              (c) There is a special hardship or detrimental condition.

              (4) A district may deny the request of a resident student to transfer to a nonresident district if the release of the student would adversely affect the district's existing desegregation plan.

              (5) For the purpose of helping a district assess the quality of its education program, a resident school district may request an optional exit interview or questionnaire with the parents or guardians of a child transferring to another district. No parent or guardian may be forced to attend such an interview or complete the questionnaire.

              (6) Beginning with the 1993-94 school year, school districts may not establish annual transfer fees or tuition for nonresident students enrolled under subsection (3) of this section and RCW 28A.225.225. ((Until rules are adopted under section 202, chapter 9, Laws of 1990 1st ex. sess. for the calculation of the transfer fee, the transfer fee shall be calculated by the same formula as the fees authorized under section 10, chapter 130, Laws of 1969. These fees, if applied, shall be applied uniformly for all such nonresident students except as provided in this section. The superintendent of public instruction, from available funds, shall pay any transfer fees for low-income students assessed by districts under this section. All transfer fees must be paid over to the county treasurer within thirty days of its collection for the credit of the district in which such students attend.)) Reimbursement of a high school district for cost of educating high school pupils of a nonhigh school district shall not be deemed a transfer fee as affecting the apportionment of current state school funds.


              NEW SECTION. Sec. 1203. The superintendent of public instruction shall work with appropriate organizations to ensure that every teacher, district and building administrator, and school director is aware of the waivers available under RCW 28A.305.140 and the broadened school board powers under RCW 28A.320.015.


              NEW SECTION. Sec. 1204. (1) A legislative fiscal study committee is hereby created. The committee shall be comprised of two members from each caucus of the senate, appointed by the president of the senate, and two members from each caucus of the house of representatives, appointed by the speaker. In consultation with the office of the superintendent of public instruction, the committee shall study the state operating budget for the common school system and other sections of the budget that have a direct or indirect impact on the common school system.

              (2) At a minimum, the study shall include an analysis of all K-12 related appropriations to determine which might be classified as being investments in prevention and which might be classified as remedial expenditures.

              (3) By January 16, 1995, the committee shall report to the full legislature on its findings and any recommendations for a new funding model for the common school system.


PART XIII

RESTRUCTURING REPORTS


              NEW SECTION. Sec. 1301. (1) Beginning with the 1994-95 school year, each school shall publish an annual school performance report to each parent and to the community. The annual report shall be published in a format that can be easily understood and be the basis of informed educational decisions by parents, guardians, and other members of the community who are not professional educators.

              (2) Data and descriptive material included in the annual report should enable parents, educators, and school board members to determine whether students in the district's schools are attaining mastery of the student learning goals under section 202 of this act, and other important facts about the schools' performance in assisting students to learn. The annual report shall make comparisons to a school's performance in preceding years and shall project goals in performance categories. As data becomes available it shall include:

              (a) The change in the percentage of students, including special education and gifted students, attaining mastery of the student learning goals;

              (b) Attendance and completion rates;

              (c) The use and condition of school facilities;

              (d) The level of satisfaction by the community served by each school; and

              (e) A brief description of the strategic restructuring plan for each school.

              (3) The office of the superintendent of public instruction shall compile district data and report annually to the governor and the legislature beginning with the 1994-95 school year. The superintendent shall monitor the performance of districts and schools that demonstrate gaps in student learning based on students' gender, racial, and ethnic minority status.

              (4) Each school shall have the annual school performance report delivered to the parents or guardians with whom children in attendance at the school reside. In addition to any periodic report concerning an individual student's progress, there shall be included with the annual school performance report an individual student report enabling a parent or guardian to determine whether his or her child is attaining mastery of the essential learning requirements.


              Sec. 1302. RCW 28A.300.040 and 1992 c 198 s 6 are each amended to read as follows:

              In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be:

              (1) To have supervision over all matters pertaining to the public schools of the state.

              (2) To give an annual address on the state of education in separate presentations to the house of representatives and the senate the week immediately following the second Monday in January.

              (3) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools.

              (((3))) (4) To prepare and have printed such forms, registers, courses of study, rules and regulations for the government of the common schools, questions prepared for the examination of persons as provided for in RCW 28A.305.130(9), and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents.

              (((4))) (5) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, of consulting educational service district superintendents or other school officials.

              (((5))) (6) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be provided in such numbers as determined by the superintendent of public instruction at no cost to those public agencies within the common school system and which shall be sold at approximate actual cost of publication and distribution per volume to all other public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules and regulations related to the common schools, and such other matter as the state superintendent or the state board of education shall determine. Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent's account within the state printing plant revolving fund by a like amount.

              (((6))) (7) To act as ex officio member and the chief executive officer of the state board of education.

              (((7))) (8) To file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent's office, and the superintendent's official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent's official seal, and when so certified shall be evidence of the papers or acts so certified to.

              (((8))) (9) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report as required by the superintendent of public instruction; and it is the duty of every president, manager or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct.

              (((9))) (10) To keep in the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state.

              (((10))) (11) To issue certificates as provided by law.

              (((11))) (12) To keep in the superintendent's office at the capital of the state, all books and papers pertaining to the business of the superintendent's office, and to keep and preserve in the superintendent's office a complete record of statistics, as well as a record of the meetings of the state board of education.

              (((12))) (13) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the superintendent in writing by any educational service district superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and the superintendent's decision shall be final unless set aside by a court of competent jurisdiction.

              (((13))) (14) To administer oaths and affirmations in the discharge of the superintendent's official duties.

              (((14))) (15) To deliver to his or her successor, at the expiration of the superintendent's term of office, all records, books, maps, documents and papers of whatever kind belonging to the superintendent's office or which may have been received by the superintendent's for the use of the superintendent's office.

              (((15))) (16) To administer family services and programs to promote the state's policy as provided in RCW 74.14A.025.

              (((16))) (17) To perform such other duties as may be required by law.


              NEW SECTION. Sec. 1303. (1) There is hereby created a joint select committee on education reform composed of twelve members as follows:

              (a) Six members of the senate, three from each of the major caucuses, to be appointed by the president of the senate; and

              (b) Six members of the house of representatives, three from each of the major caucuses, to be appointed by the speaker of the house of representatives.

              (2) The cochairs shall be designated by the speaker of the house of representatives and the president of the senate.

              (3) The staff support shall be provided by the senate committee services and the office of program research as mutually agreed by the cochairs of the joint select committee.

              (4) The expenses of the committee members shall be paid by the legislature.

              (5) The joint select committee on education reform shall monitor, review, and periodically report upon the enactment and implementation of education reform in Washington both at the state and local level, including the following:

              (a) The progress of the commission on student learning in the completion of its tasks as designated by chapter 141, Laws of 1992, or any subsequent legislation relating to education reform;

              (b) The progress of the commission on student learning in designing a state-wide assessment system that will accurately measure student mastery of essential academic learning requirements;

              (c) The state board of education's implementation of teacher certification requirements that are required by law on the effective date of this section or subsequent to the effective date of this section, and whether such requirements as implemented are actually consistent with higher student achievement envisioned under a performance-based education system;

              (d) Whether the shift to a performance-based education system is incurring or will incur resistance, and, if so, why;

              (e) The progress and success of the commission on student learning in establishing essential learning requirements that accurately and clearly represent what students should know and be able to do at specified intervals in their schooling;

              (f) The progress and success of the commission on student learning, the superintendent of public instruction, the state board of education, the higher education coordinating board, and the state board for community and technical colleges in carrying out such duties and completing tasks as designated by chapter 141, Laws of 1992, by the performance-based education act, chapter . . ., Laws of 1993 (House Bill No. 1209 or Senate Bill No. 5306), and any subsequent legislation relating to education reform;

              (g) The percentage and identification of schools that are either authorized to or opt to participate in the performance-based education system under section 101(2) of this act, and whether schools not opting into the system but submitting restructuring plans under section 401 of this act are setting learning standards that are higher or lower than those required in the performance-based system; and

              (h) Such other areas as the joint select committee may deem appropriate.

              (6) The commission on student learning, the superintendent of public instruction, the state board of education, the higher education coordinating board, and the state board for community and technical colleges shall each report to the joint select committee on education reform regarding their progress in completing tasks as designated by chapter 141, Laws of 1992, by the performance-based education act, chapter . . ., Laws of 1993 (House Bill No. 1209 or Senate Bill No. 5306), and any subsequent legislation relating to education reform.

              (7) The joint select committee on education reform shall report its initial findings to the legislature by December 31, 1993, and shall report its findings annually thereafter until December 31, 1998, at which time the committee shall make its final report.


PART XIV

SCHOOL-TO-WORK TRANSITIONS


              NEW SECTION. Sec. 1401. (1) The legislature finds that demonstrated relevancy and practical application of school work is essential to improving student learning and to increasing the ability of students to transition successfully to the world of work. Employers have an increasing need for highly skilled people whether they are graduating from high school, a community college, a four-year university, or a technical college.

              (2) The legislature further finds that the school experience must prepare students to make informed career direction decisions at appropriate intervals in their educational progress. The elimination of rigid tracking into educational programs will increase students' posthigh school options and will expose students to a broad range of interrelated career and educational opportunities.

              (3) The legislature further finds that student motivation and performance can be greatly increased by the demonstration of practical application of course work content and its relevancy to potential career directions.

              (4) The legislature further finds that secondary schools should provide students with multiple, flexible educational pathways. Each educational pathway should:

              (a) Prepare students to demonstrate both core competencies common for all students and competencies in a career or interest area;

              (b) Integrate academic and vocational education into a single curriculum; and

              (c) Provide both classroom and workplace experience.

              (5) The purpose of RCW 28A.630.862 through 28A.630.880 and section 1411 of this act is to equip students with improved school-to-work transition opportunities through the establishment of school-to-work transition model projects throughout the state.


              Sec. 1402. RCW 28A.630.862 and 1992 c 137 s 2 are each amended to read as follows:

              There is established in the office of the superintendent of public instruction ((an academic and vocational integration development)) a school-to-work transitions program which shall fund and coordinate ((pilot)) projects to develop model secondary school ((projects)) programs. The projects shall combine academic and vocational education into a single instructional system that is responsive to the educational needs of all students in secondary schools and shall provide multiple educational pathway options for all secondary students. Instruction shall include a combination of classroom and actual workplace learning. Workplace experience shall account for a minimum of forty percent of the total instruction provided over the life of the school-to-work transition program. Yearly percentages may vary during the program. Goals of the projects within the program shall include at a minimum:

              (1) Integration of vocational and academic instructional curriculum into a single curriculum;

              (2) Providing each student with a choice of multiple, flexible educational pathways based on the student's career or interest area;

              (3) Emphasis on increased vocational((, personal,)) and academic guidance and counseling for students as an essential component of the student's high school experience;

              (((3))) (4) Development of student essential academic learning requirements, methods of accurately measuring student performance, and goals for improved student learning;

              (5) Partnership with local employers and employees to incorporate work sites as part of work-based learning experiences;

              (6) Active participation of educators in the planning, implementation, and operation of the project, including increased opportunities for professional development and in-service training; ((and))

              (((4))) (7) Active participation by employers, private and public community service providers, parents, and community members in the development and operation of the project; and

              (8) A list of and justification for any request for waivers from specific state statutes or administrative rules.


              Sec. 1403. RCW 28A.630.864 and 1992 c 137 s 3 are each amended to read as follows:

              (1) The superintendent of public instruction shall develop a process for schools or school districts to apply to participate in the ((academic and vocational integration development)) school-to-work transitions program. The office of the superintendent of public instruction shall review and select projects for grant awards, and monitor and evaluate the ((academic and vocational integration development)) program.

              (2) The superintendent of public instruction, in selecting projects for grant awards, shall give additional consideration to schools or school districts whose proposals include collaboration with middle schools or junior high schools to develop school-to-work transition objectives. Middle school or junior high school programs may include career awareness and exploration, preparation for school-to-school transition, and preparation for educational pathway decisions.

              (3) The superintendent of public instruction, in selecting projects for grant awards, shall give additional consideration to schools or school districts whose proposals include a tech prep site selected under P.L. 101-392 or other articulation agreements with a community or technical college.

              (4) The superintendent of public instruction, in selecting projects for grant awards, shall give additional consideration to schools or school districts whose proposals include the following elements: Paid student employment in an occupational area with growing labor market demand, instruction on the job from a mentor, demonstration of competency standards for program completion, and a contract to be signed by the participating student, the student's parent or legal guardian, the participating employer, and an education representative.

              (5) The superintendent of public instruction, in selecting projects for grant awards, shall give additional consideration to schools or school districts whose proposals are consistent with the state comprehensive plan for work force training and education prepared by the work force training and education coordinating board.

              (6) The superintendent of public instruction and the state board of education may develop a process for teacher certification programs to apply to participate in the school-to-work transitions program. The office of the superintendent of public instruction and the state board of education may review and select projects for grant awards. Teacher preparation grants shall be used to improve teacher preparation in school-to-work transitions, including course work related to integrated curriculum, tech prep concepts, updating technical skills, improving school and private sector partnerships, and assessing students.


              Sec. 1404. RCW 28A.630.866 and 1992 c 137 s 4 are each amended to read as follows:

              The superintendent of public instruction shall appoint a ten-member task force on ((academic and vocational integration)) school-to-work transitions. The task force shall include at least one representative from the work force training and education coordinating board and the state board for community and technical colleges. The task force shall advise the superintendent of public instruction in the development of the process for applying to participate in the ((academic and vocational integration development)) school-to-work transitions program, in the review and selection of projects under RCW 28A.630.864, and the monitoring and evaluation of the projects.


              Sec. 1405. RCW 28A.630.868 and 1992 c 137 s 6 are each amended to read as follows:

              (1) The superintendent of public instruction shall administer RCW 28A.630.860 through RCW 28A.630.880.

              (2) The ((academic and vocational integration development)) school-to-work transitions projects may be conducted for up to six years, if funds are provided.


              Sec. 1406. RCW 28A.630.870 and 1992 c 137 s 7 are each amended to read as follows:

              (1) The superintendent of public instruction may accept, receive, and administer for the purposes of RCW 28A.630.860 through 28A.630.880 such gifts, grants, and contributions as may be provided from public and private sources for the purposes of RCW 28A.630.860 through 28A.630.880.

              (2) The ((academic and vocational integration development)) school-to-work transitions program account is hereby established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the account all moneys received under this section. Moneys in the account may be spent only for the purposes of 28A.630.860 through 28A.630.880. Disbursements from this account shall be on the authorization of the superintendent of public instruction or the superintendent's designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.


              Sec. 1407. RCW 28A.630.874 and 1992 c 137 s 9 are each amended to read as follows:

              (1) The superintendent of public instruction, in coordination with the state board of education, the state board for community and technical colleges, the work force training and education coordinating board, and the higher education coordinating board, shall provide technical assistance to selected schools and shall develop a process that coordinates and facilitates linkages among participating school districts, secondary schools, junior high schools, middle schools, technical colleges, and colleges and universities.

              (2) The superintendent of public instruction and the state board of education may adopt rules under chapter 34.05 RCW as necessary to implement its duties under RCW 28A.630.860 through RCW 28A.630.880.


              Sec. 1408. RCW 28A.630.876 and 1992 c 137 s 10 are each amended to read as follows:

              (1) The superintendent of public instruction shall report to the education committees of the legislature on the progress of the schools for the ((academic and vocational integration development)) school-to-work transitions program by December 15 of each odd-numbered year.

              (2) Each school district selected to participate in the academic and vocational integration development program shall submit an annual report to the superintendent of public instruction on the progress of the ((pilot)) project as a condition of receipt of continued funding.


              Sec. 1409. RCW 28A.630.878 and 1992 c 137 s 11 are each amended to read as follows:

              The superintendent of public instruction, through the state clearinghouse for education information, shall collect and disseminate to all school districts and other interested parties information about the ((academic and vocational integration development pilot)) school-to-work transitions projects.


              Sec. 1410. RCW 28A.630.880 and 1992 c 137 s 12 are each amended to read as follows:

              RCW 28A.630.860 through 28A.630.880 may be known and cited as the ((academic and vocational integration development)) school-to-work transitions program.


              NEW SECTION. Sec. 1411.          Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.630.862 through 28A.630.880.

              (1) "Integration of vocational and academic instruction" means an educational program that combines vocational and academic concepts into a single curriculum to increase the relevancy of course work, to strengthen and increase academic standards, and to enable students to apply knowledge and skills to career and educational objectives.

              (2) "School-to-work transition" means a restructuring effort which provides multiple learning options and seamless integrated pathways to increase all students' opportunities to pursue their career and educational interests.

              (3) "Work-based learning" means a competency-based educational experience that coordinates and integrates classroom instruction with structured, work site employment in which the student receives occupational training that advances student knowledge and skills in essential academic learning requirements.


PART XV

DESERVING STUDENT SCHOLARSHIPS


              NEW SECTION. Sec. 1501. By December 1, 1998, the higher education coordinating board shall develop a two-year scholarship plan for deserving students who have achieved a certificate of mastery and have graduated from high school. Deserving students shall be those whose family income is below the state-wide median family income. Receiving students shall be allowed to use the scholarship at a community or technical college or a public, four-year institution of higher education.


PART XVI

MISCELLANEOUS


              NEW SECTION. Sec. 1601. The superintendent of public instruction and the state board of education shall each adopt rules, as necessary, under chapter 34.05 RCW to implement the applicable provisions of chapter . . ., Laws of 1993 (this act).


              NEW SECTION. Sec. 1602. RCW 28A.215.904 is decodified.


              NEW SECTION. Sec. 1603. The following acts or parts of acts are each repealed:

              (1) 1992 c 141 s 505; and

              (2) RCW 28A.630.860 and 1992 c 137 s 1.


              NEW SECTION. Sec. 1604. Part headings as used in this act constitute no part of the law.


              NEW SECTION. Sec. 1605. (1) Section 101 of this act is added to chapter 28A.150 RCW;

              (2) Sections 901 through 903, sections 1101 through 1105, 1203, and 1601 of this act are each added to chapter 28A.300 RCW;

              (3) Sections 202, 502, and 701 of this act are each added to chapter 28A.305 RCW;

              (4) Section 1301 of this act is added to chapter 28A.320 RCW;

              (5) Section 501 of this act is added to chapter 28A.410 RCW;

              (6) Section 401 of this act is added to chapter 28A.415 RCW;

              (7) Sections 1001 and 1303 of this act are each added to chapter 28A.600 RCW;

              (8) Section 801 of this act is added to chapter 28A.615 RCW;

              (9) Section 1411 of this act is added to chapter 28A.630 RCW; and

              (10) Section 1501 of this act is added to chapter 28B.80 RCW.


              NEW SECTION. Sec. 1606. Section 1303 of this act shall expire January 1, 1999.


              NEW SECTION. Sec. 1607. If specific funding for the purposes of section 801 of this act, referencing this section by bill and section number, is not provided by June 30, 1993, in the omnibus appropriations act, section 801 of this act shall be null and void.


              NEW SECTION. Sec. 1608. If specific funding for the purposes of section 904 of this act, referencing this section by bill and section number, is not provided by June 30, 1993, in the omnibus appropriations act, section 904 of this act shall be null and void.


              NEW SECTION. Sec. 1609. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

              On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "amending RCW 28A.630.884, 28A.630.885, 28A.415.250, 28A.300.130, 28A.225.220, 28A.300.040, 28A.630.862, 28A.630.864, 28A.630.866, 28A.630.868, 28A.630.870, 28A.630.874, 28A.630.876, 28A.630.878, and 28A.630.880; adding a new section to chapter 28A.150 RCW; adding new sections to chapter 28A.305 RCW; adding new sections to chapter 28A.415 RCW; adding a new section to chapter 28A.240 RCW; adding a new section to chapter 28A.410 RCW; adding a new section to chapter 28A.615 RCW; adding new sections to chapter 28A.300 RCW; adding new sections to chapter 28A.600 RCW; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 28A.630 RCW; adding a new section to chapter 28B.80 RCW; creating new sections; decodifying RCW 28A.215.904; repealing RCW 28A.630.860; repealing 1992 c 141 s 505; and providing an expiration date."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative Dorn moved that the House do not concur in the Senate amendments to Engrossed Substitute House Bill No. 1209 and ask the Senate for a conference thereon. The motion was carried.


APPOINTMENT OF CONFEREES


              The Speaker appointed Representatives Dorn, Cothern and Brough as conferees on Engrossed Substitute House Bill No. 1209.


SENATE AMENDMENTS TO HOUSE BILL


April 1, 1993


Mr. Speaker:


              The Senate has passed SUBSTITUTE HOUSE BILL NO. 1260 with the following amendment:


              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 81.04.130 and 1984 c 143 s 1 are each amended to read as follows:

              Whenever any public service company, other than a railroad company, files with the commission any schedule, classification, rule, or regulation, the effect of which is to change any rate, fare, charge, rental, or toll previously charged, the commission has power, either upon its own motion or upon complaint, upon notice, to hold a hearing concerning the proposed change and the reasonableness and justness of it. Pending the hearing and the decision the commission may suspend the operation of the rate, fare, charge, rental, or toll, if the change is proposed by a common carrier subject to the jurisdiction of the commission, other than a solid waste collection company, for a period not exceeding seven months, and, if proposed by a ((public service company other than such a common carrier)) solid waste collection company, for a period not exceeding ten months from the time the change would otherwise go into effect. After a full hearing the commission may make such order in reference to the change as would be provided in a hearing initiated after the change had become effective.

              At any hearing involving any change in any schedule, classification, rule, or regulation the effect of which is to increase any rate, fare, charge, rental, or toll theretofore charged, the burden of proof to show that such increase is just and reasonable is upon the public service company. When any common carrier subject to the jurisdiction of the commission files any tariff, classification, rule, or regulation the effect of which is to decrease any rate, fare, or charge, the burden of proof to show that such decrease is just and reasonable is upon the common carrier.


              Sec. 2. RCW 81.28.050 and 1984 c 143 s 5 are each amended to read as follows:

              Unless the commission otherwise orders, no change may be made in any classification, rate, fare, charge, rule, or regulation filed and published by a common carrier other than a rail carrier, except after thirty days' notice to the commission and to the public. In the case of a solid waste collection company, no such change may be made except after forty-five days' notice to the commission and to the public. The notice shall be published as provided in RCW 81.28.040 and shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rate, classification, fare, or charge will go into effect. All proposed changes shall be shown by printing, filing, and publishing new schedules or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection. In the case of a change proposed by a rail carrier, except for changes to rail contracts between a rail carrier and a shipper authorized under RCW 81.34.070, which changes become effective in accordance with that section, a proposal resulting in a rate increase or a new rate shall not become effective for twenty days after the notice is published, and a proposal resulting in a rate decrease shall not become effective for ten days after the notice is published. The commission, for good cause shown, may by order allow changes in rates without requiring the notice and the publication time periods specified in this section. When any change is made in any rate, fare, charge, classification, rule, or regulation, attention shall be directed to the change by some character on the schedule. The character and its placement shall be designated by the commission. The commission may, by order, for good cause shown, allow changes in any rate, fare, charge, classification, rule, or regulation without requiring any character to indicate each and every change to be made.


              NEW SECTION. Sec. 3. A new section is added to chapter 70.95 RCW to read as follows:

              To provide solid waste collection companies with sufficient time to prepare and submit tariffs and rate filings for public comment and commission approval, the owner or operator of a transfer station, landfill, or facility used to burn solid waste shall provide seventy-five days' notice to solid waste collection companies of any change in tipping fees and disposal rate schedules. The notice period shall begin on the date individual notice to a collection company is delivered to the company or is postmarked.

              A collection company may agree to a shorter notice period: PROVIDED, That such agreement by a company shall not affect the notice requirements for rate filings under RCW 81.28.050.

              The owner of a transfer station, landfill or facility used to burn solid waste may agree to provide companies with a longer notice period.

              "Solid waste collection companies" as used in this section means the companies regulated by the commission pursuant to chapter 81.77 RCW."

              On page 1, line 2 of the title, after "commission;" strike the remainder of the title and insert "amending RCW 81.04.130 and 81.28.050; and adding a new section to chapter 70.95 RCW."

and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


              Representative Rust moved that the House do not concur on the Senate amendments to Substitute House Bill No. 1260 and ask the Senate for a conference thereon. The motion was carried.


APPOINTMENT OF CONFEREES


              The Speaker appointed Representatives Rust, Linville and Horn as conferees on Substitute House Bill No. 1260.


SENATE AMENDMENTS TO HOUSE BILL


April 8, 1993


Mr. Speaker:


              The Senate has passed SUBSTITUTE HOUSE BILL NO. 1458, with the following amendment:


              On page 5, line 11, after "appeal." strike all material through "1990." on line 12

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative Zellinsky moved that the House do not concur in the Senate amendment to Substitute House Bill No. 1458 and ask the Senate for a conference thereon. The motion was carried.


APPOINTMENT OF CONFEREES


              The Speaker appointed Representatives Zellinsky, R. Meyers and Mielke as conferees on Substitute House Bill No. 1458.


SENATE AMENDMENTS TO HOUSE BILL


April 13, 1993


Mr. Speaker:


              The Senate has passed ENGROSSED HOUSE BILL NO. 1748 with the following amendments:


              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 28B.15.820 and 1985 c 390 s 35 are each amended to read as follows:

              (1) Each institution of higher education shall deposit two and one-half percent of revenues collected from tuition and services and activities fees in an institutional long-term loan fund which is hereby created and which shall be held locally. Moneys in such fund shall be used to make guaranteed loans to eligible students except as provided for in subsections (9) and (10) of this section.

              (2) With the exception of subsection (9) of this section, an "eligible student" for the purposes of this section is a student registered for at least six credit hours or the equivalent, who is eligible for resident tuition and fee rates as defined in RCW 28B.15.012 through 28B.15.015, and who is a "needy student" as defined in RCW 28B.10.802.

              (3) The amount of the loans made under subsection (1) of this section shall not exceed the demonstrated financial need of the student. Each institution shall establish loan terms and conditions which shall be consistent with the terms of the guaranteed loan program established by 20 U.S. Code Section 1071 et seq., as now or hereafter amended. All loans made shall be guaranteed by the Washington student loan guaranty association or its successor agency. Institutions are hereby granted full authority to operate as an eligible lender under the guaranteed loan program. Twenty percent of the total institutional long-term loan fund shall be used for the sole purpose of long-term loans repayable by the borrower and twenty percent of the institutional long-term loan fund shall be used for the sole purpose of short-term loans repayable by the borrower.

              (4) Before approving a guaranteed loan, each institution shall analyze the ability of the student to repay the loan based on factors which include, but are not limited to, the student's accumulated total education loan burdens and the employment opportunities and average starting salary characteristics of the student's chosen fields of study. The institution shall counsel the student on the advisability of acquiring additional debt, and on the availability of other forms of financial aid.

              (5) Each institution is responsible for collection of loans made under subsection (1) of this section and shall exercise due diligence in such collection, maintaining all necessary records to insure that maximum repayments are made. Institutions shall cooperate with other lenders and the Washington student loan guaranty association, or its successor agency, in the coordinated collection of guaranteed loans, and shall assure that the guarantability of the loans is not violated. Collection and servicing of loans under subsection (1) of this section shall be performed by entities approved for such servicing by the Washington student loan guaranty association or its successor agency: PROVIDED, That institutions be permitted to perform such servicing if specifically recognized to do so by the Washington student loan guaranty association or its successor agency. Collection and servicing of loans made by community colleges under subsection (1) of this section shall be coordinated by the state board for community and technical colleges ((education)) and shall be conducted under procedures adopted by such state board.

              (6) Receipts from payment of interest or principal or any other subsidies to which institutions as lenders are entitled, which are paid by or on behalf of borrowers of funds under subsection (1) of this section, shall be deposited in each institution's general local fund and shall be used to cover the costs of making the loans under subsection (1) of this section and maintaining necessary records and making collections under subsection (5) of this section: PROVIDED, That such costs shall not exceed five percent of aggregate outstanding loan principle. Institutions shall maintain accurate records of such costs, and all receipts beyond those necessary to pay such costs, shall be used for the support of the institution's operating budget.

              (7) The boards of regents of the state universities, the boards of trustees of the regional universities and The Evergreen State College, and the state board for community and technical colleges ((education)), on behalf of the community colleges, shall each adopt necessary rules and regulations to implement this section.

              (8) Lending activities under this section shall be directed toward students who would not normally have access to educational loans from private financial institutions in Washington state, and maximum use shall be made of secondary markets in the support of loan consolidation.

              (9) Short-term ((interim)) loans, not to exceed one ((hundred twenty days)) year, may be made from the institutional long-term loan fund to students ((eligible for guaranteed student loans and whose receipt of such loans is pending. Such short-term loans shall not be subject to the guarantee restrictions or the constraints of federal law imposed by subsection (3) of this section)) enrolled in the institution. No such loan shall be made to any student who is known by the institution to be in default or delinquent in the payment of any outstanding student loan. A short-term loan may be made only if the institution has ample evidence that the student has the capability of repaying the loan within the time frame specified by the institution for repayment.

              (10) Any moneys deposited in the institutional long-term loan fund which are not used in making long or short term loans or transferred to institutional operating budgets may be used by the institution for locally-administered financial aid programs for needy students, such as need-based institutional employment programs or need-based tuition and fee waiver programs. These funds shall be used in addition to and not to replace institutional funds which would otherwise support these locally-administered financial aid programs. Priority in the use of these funds shall be given to needy students who have accumulated excessive educational loan burdens. An excessive educational loan burden is a burden that will be difficult to repay given employment opportunities and average starting salaries in the student's chosen fields of study."

              On page 1, line 1 of the title, after "aid;" strike the remainder of the title and insert "and amending RCW 28B.15.820."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative Jacobsen moved that the House do not concur in the Senate amendments to Engrossed House Bill No. 1748 and ask the Senate for a conference thereon.


              Representative Jacobsen spoke in favor of the motion and it was carried.


APPOINTMENT OF CONFEREES


              The Speaker appointed Representatives Jacobsen, Shin and Brumsickle as conferees to Engrossed House Bill No. 1748.


SENATE AMENDMENTS TO HOUSE BILL


April 6, 1993


Mr. Speaker:


              The Senate has passed SUBSTITUTE HOUSE BILL NO. 1910 with the following amendment:


              On page 2, after line 7, insert the following:

              "NEW SECTION. Sec. 2. It is the purpose of sections 3 and 4 of this act to give authority to the office of archaeology and historic preservation to identify, record, and evaluate all state-owned facilities to determine which of these facilities may be considered historically significant, to require the office to provide copies of the inventory to departments, agencies, and institutions that have jurisdiction over the buildings and sites listed, and to authorize the office of archaeology and historic preservation to convene a task force of state agencies to develop guidelines for state agencies to identify, evaluate, and protect historic properties.


              NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the following definitions apply throughout section 4 of this act.

              (1) "Agency" means the state agency, department, or institution that has ownership of historic property.

              (2) "Historic properties" means those buildings, sites, objects, structures, and districts that are listed in or eligible for listing in the National Register of Historic Places.

              (3) "Office" means the office of archaeology and historic preservation within the department of community development.


              NEW SECTION. Sec. 4. (1) By January 2, 1994, the office shall provide each agency with a list of the agency's properties currently listed on the National Register of Historic Places. By January 2, 1995, agencies that own property shall provide to the office a list of those properties that are either at least fifty years old or that may be eligible for listing in the National Register of Historic Places. If funding is available, the office may provide grants to state agencies to assist in the development of the agency's list. By June 30, 1995, the office shall compile and disseminate an inventory of state-owned historic properties.

              (2) The office shall provide technical historic preservation training for agency staff involved with the identification and management of historic properties.


              NEW SECTION. Sec. 5. (1) The office shall convene a task force to develop recommendations on establishing state agency historic preservation guidelines to identify, evaluate, and protect historic properties. The task force may include but not be limited to representatives of affected state agencies and other interested or affected parties. Topics the task force shall address include the following:

              (a) Recommendations on long-range management strategies for the protection of state-owned historic properties; and

              (b) Development of a process to review and comment on state agency actions that might affect identified historic properties.

              (2) The task force shall present its recommendations to the governor and the legislature no later than October 31, 1995.


              NEW SECTION. Sec. 6. Sections 3 and 4 of this act are each added to chapter 27.34 RCW."

              On page 1, line 2 of the title, after "facilities;" strike the remainder of the title and insert "adding a new section to chapter 43.82 RCW; adding new sections to chapter 27.34 RCW; and creating new sections."

and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


              Representative Ogden moved that the House do not concur in the Senate amendments to Substitute House Bill No. 1910 and ask the Senate for a conference thereon. The motion was carried.


APPOINTMENT OF CONFEREES


              The Speaker appointed Representatives Wang, Ogden and Silver as conferees to Substitute House Bill No. 1910.


              The Speaker (Representative Ogden presiding) declared the House to be at ease.


              The Speaker called the House to order.


SIGNED BY THE SPEAKER


              The Speaker announced he was signing:

HOUSE BILL NO. 1411,

SUBSTITUTE HOUSE BILL NO. 1497,

SUBSTITUTE HOUSE BILL NO. 1508,

SUBSTITUTE HOUSE BILL NO. 1518,

HOUSE BILL NO. 1559,

SUBSTITUTE HOUSE BILL NO. 1582,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1622,

HOUSE BILL NO. 1646,

SUBSTITUTE HOUSE BILL NO. 1686,

HOUSE BILL NO. 1757,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1758,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1760,

HOUSE BILL NO. 1773,

SUBSTITUTE HOUSE BILL NO. 1778,

HOUSE BILL NO. 1815,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1820,

HOUSE BILL NO. 1864,

SUBSTITUTE HOUSE BILL NO. 1915,

HOUSE BILL NO. 1923,

SUBSTITUTE HOUSE BILL NO. 1926,

SUBSTITUTE SENATE BILL NO. 5556,

SUBSTITUTE SENATE BILL NO. 5567,

SUBSTITUTE SENATE BILL NO. 5606,

SUBSTITUTE SENATE BILL NO. 5612,

SUBSTITUTE SENATE BILL NO. 5625,

SUBSTITUTE SENATE BILL NO. 5634,

ENGROSSED SENATE BILL NO. 5694,

SUBSTITUTE SENATE BILL NO. 5727,

SUBSTITUTE SENATE BILL NO. 5751,


SENATE AMENDMENTS TO HOUSE BILL


April 14, 1993


Mr. Speaker:


              The Senate has passed SUBSTITUTE HOUSE BILL NO. 1128, with the following amendments:


              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 46.61.515 and 1985 c 352 s 1 are each amended to read as follows:

              (1) Every person who is convicted of a violation of RCW 46.61.502 or 46.61.504 shall be punished by imprisonment for not less than twenty-four consecutive hours nor more than one year, and by a fine of not less than two hundred fifty dollars and not more than one thousand dollars. Unless the judge finds the person to be indigent, two hundred fifty dollars of the fine shall not be suspended or deferred. Twenty-four consecutive hours of the jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. The court may impose conditions of probation that may include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The convicted person shall, in addition, be required to complete a course in an alcohol information school approved by the department of social and health services or more intensive treatment in a program approved by the department of social and health services, as determined by the court. A diagnostic evaluation and treatment recommendation shall be prepared under the direction of the court by an alcoholism agency approved by the department of social and health services or a qualified probation department approved by the department of social and health services. A copy of the report shall be forwarded to the department of licensing. Based on the diagnostic evaluation, the court shall determine whether the convicted person shall be required to complete a course in an alcohol information school approved by the department of social and health services or more intensive treatment in a program approved by the department of social and health services. Standards for approval for alcohol treatment programs shall be prescribed by rule under the administrative procedure act, chapter 34.05 RCW. The courts shall periodically review the costs of alcohol information schools and treatment programs within their jurisdictions.

              (2) On a second or subsequent conviction for driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs within a five-year period a person shall be punished by imprisonment for not less than seven days nor more than one year and by a fine of not less than five hundred dollars and not more than two thousand dollars. District courts and courts organized under chapter 35.20 RCW are authorized to impose such fine. Unless the judge finds the person to be indigent, five hundred dollars of the fine shall not be suspended or deferred. The jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. If, at the time of a second or subsequent conviction, the driver is without a license or permit because of a previous suspension or revocation, the minimum mandatory sentence shall be ninety days in jail and a two hundred dollar fine. The penalty so imposed shall not be suspended or deferred. The person shall, in addition, be required to complete a diagnostic evaluation by an alcoholism agency approved by the department of social and health services or a qualified probation department approved by the department of social and health services. The report shall be forwarded to the department of licensing. If the person is found to have an alcohol or drug problem requiring treatment, the person shall complete treatment at an approved alcoholism treatment ((facility)) program or approved drug treatment center.

              In addition to any nonsuspendable and nondeferrable jail sentence required by this subsection, the court shall sentence a person to a term of imprisonment not exceeding one hundred eighty days and shall suspend but shall not defer the sentence for a period not exceeding two years. The suspension of the sentence may be conditioned upon nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of suspension during the suspension period.

              (3) The license or permit to drive or any nonresident privilege of any person convicted of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs shall:

              (a) On the first conviction under either offense, be suspended by the department until the person reaches age nineteen or for ninety days, whichever is longer. The department of licensing shall determine the person's eligibility for licensing based upon the reports provided by the designated alcoholism agency or probation department and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified;

              (b) On a second conviction under either offense within a five-year period, be revoked by the department for one year. The department of licensing shall determine the person's eligibility for licensing based upon the reports provided by the designated alcoholism agency or probation department and shall deny reinstatement until satisfactory progress in an approved program has been established and the person is otherwise qualified;

              (c) On a third or subsequent conviction of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs, vehicular homicide, or vehicular assault, or any combination thereof within a five-year period, be revoked by the department for two years.

              (4) In any case provided for in this section, where a driver's license is to be revoked or suspended, the revocation or suspension shall be stayed and shall not take effect until after the determination of any appeal from the conviction which may lawfully be taken, but in case the conviction is sustained on appeal the revocation or suspension takes effect as of the date that the conviction becomes effective for other purposes.

              (5)(a) In addition to penalties set forth in this section, a one hundred twenty-five dollar fee shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. This fee is for the purpose of funding the Washington state toxicology laboratory and the Washington state patrol breath test program.

              (b) Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay.

              (c) When a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult, would constitute a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, the court shall assess the one hundred twenty-five dollar fee under (a) of this subsection. Upon a verified petition by a minor assessed the fee, the court may suspend payment of all or part of the fee if it finds that the minor does not have the ability to pay the fee.

              (6) The fee assessed under subsection (5) of this section shall be collected by the clerk of the court and distributed as follows:

              (a) Forty percent shall be subject to distribution under RCW 3.62.020, 3.62.040, or 10.82.040.

              (b) If the case involves a blood test by the state toxicology laboratory, the remainder of the fee shall be forwarded to the state treasurer for deposit in the death investigations account to be used solely for funding the state toxicology laboratory blood testing program.

              (c) Otherwise, the remainder of the fee shall be forwarded to the state treasurer for deposit in the state patrol highway account to be used solely for funding the Washington state patrol breath test program.


              NEW SECTION. Sec. 2. The Washington state patrol in conjunction with the traffic safety commission shall use a small percentage of the revenues generated under the 1993 amendments to RCW 46.61.515 contained in section 1, chapter ..., Laws of 1993 (section 1 of this act), to perform a study to determine a mechanism for evaluating the best practice for increasing the conviction rate for persons driving under the influence of alcohol or drugs. The study must be completed and a report made to the appropriate committees of the legislature by June 30, 1995.


              NEW SECTION. Sec. 3. The 1993 amendments to section 1 of this act expire June 30, 1995.


              NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993."

              On page 1, line 2 of the title, after "testing;" strike the remainder of the title and insert "amending RCW 46.61.515; creating a new section; prescribing penalties; providing an effective date; providing an expiration date; and declaring an emergency."

and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


              Representative Holm moved that the House do concur in the Senate amendments to Substitute House Bill No. 1128 and pass the bill as amended by the Senate.


              Representative Foreman spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


              The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1128 as amended by the Senate.


              Representative Holm spoke in favor of final passage of the bill.


              On motion of Representative J. Kohl, Representative Patterson was excused.


              On motion of Representative Wood, Representative Reams was excused.


ROLL CALL


              The Clerk called the roll on final passage of Substitute House Bill No. 1128 as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

              Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

              Excused: Representatives Patterson and Reams - 2.


              Substitute House Bill No. 1128, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 13, 1993


Mr. Speaker:


              The Senate has passed SUBSTITUTE HOUSE BILL NO. 1012, with the following amendment:


              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. The legislature finds that:

              (1) The demand for donor organs and body parts exceeds the available supply for transplant.

              (2) The discussion regarding advance directives including anatomical gifts is most appropriate with the primary care provider during an office visit.

              (3) Federal law requires hospitals, skilled nursing facilities, home health agencies, and hospice programs to provide information regarding advance directives.

              (4) Discretion and sensitivity must be used in discussion and requests for anatomical gifts.

              The legislature declares that it is in the best interest of the citizens of Washington to provide a program that will increase the number of anatomical gifts available for donation, and the legislature further declares that wherever possible policies and procedures required in this chapter shall be consistent with the federal requirements.


              NEW SECTION. Sec. 2. Unless the context requires otherwise, the definitions in this section apply throughout sections 1 through 16 of this act.

              (1) "Anatomical gift" means a donation of all or part of a human body to take effect upon or after death.

              (2) "Decedent" means a deceased individual.

              (3) "Document of gift" means a card, a statement attached to or imprinted on a motor vehicle operator's license, a will, or other writing used to make an anatomical gift.

              (4) "Donor" means an individual who makes an anatomical gift of all or part of the individual's body.

              (5) "Enucleator" means an individual who is qualified to remove or process eyes or parts of eyes.

              (6) "Hospital" means a facility licensed under chapter 70.41 RCW, or as a hospital under the law of any state or a facility operated as a hospital by the United States government, a state, or a subdivision of a state.

              (7) "Part" means an organ, tissue, eye, bone, artery, blood, fluid, or other portion of a human body.

              (8) "Person" means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, government, governmental subdivision or agency, or any other legal or commercial entity.

              (9) "Physician" or "surgeon" means an individual licensed or otherwise authorized to practice medicine and surgery or osteopathy and surgery under chapters 18.71 and 18.57 RCW.

              (10) "Procurement organization" means a person licensed, accredited, or approved under the laws of any state for procurement, distribution, or storage of human bodies or parts.

              (11) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

              (12) "Technician" means an individual who is qualified to remove or process a part.


              NEW SECTION. Sec. 3. (1) An individual who is at least eighteen years of age may (a) make an anatomical gift for any of the purposes stated in section 6(1) of this act, (b) limit an anatomical gift to one or more of those purposes, or (c) refuse to make an anatomical gift.

              (2) An anatomical gift may be made by a document of gift signed by the donor. If the donor cannot sign, the document of gift must be signed by another individual and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other and state that it has been so signed.

              (3) If a document of gift is attached to or imprinted on a donor's motor vehicle operator's license, the document of gift must comply with subsection (2) of this section. Revocation, suspension, expiration, or cancellation of the license does not invalidate the anatomical gift.

              (4) The donee or other person authorized to accept the anatomical gift may employ or authorize a physician, surgeon, technician, or enucleator to carry out the appropriate procedures.

              (5) An anatomical gift by will takes effect upon death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.

              (6) A donor may amend or revoke an anatomical gift, not made by will, by:

              (a) A signed statement;

              (b) An oral statement made in the presence of two individuals;

              (c) Any form of communication during a terminal illness or injury; or

              (d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

              (7) The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills, or as provided in subsection (6) of this section.

              (8) An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of a person after the donor's death.

              (9) An individual may refuse to make an anatomical gift of the individual's body or part by (a) a writing signed in the same manner as a document of gift, (b) a statement attached to or imprinted on a donor's motor vehicle operator's license, or (c) another writing used to identify the individual as refusing to make an anatomical gift. During a terminal illness or injury, the refusal may be an oral statement or other form of communication.

              (10) In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under section 4 of this act.

              (11) In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, the donor shall make the refusal pursuant to subsection (9) of this section.


              NEW SECTION. Sec. 4. (1) A member of the following classes of persons, in the order of priority listed, absent contrary instructions by the decedent, may make an anatomical gift of all or a part of the decedent's body for an authorized purpose, unless the decedent, at the time of death, had made an unrevoked refusal to make that anatomical gift: 

    (a) The appointed guardian of the person of the decedent at the time of death;

              (b) The individual, if any, to whom the decedent had given a durable power of attorney that encompassed the authority to make health care decisions;

              (c) The spouse of the decedent;

              (d) A son or daughter of the decedent who is at least eighteen years of age;

              (e) Either parent of the decedent;

              (f) A brother or sister of the decedent who is at least eighteen years of age;

              (g) A grandparent of the decedent.

              (2) An anatomical gift may not be made by a person listed in subsection (1) of this section if:

              (a) A person in a prior class is available at the time of death to make an anatomical gift;

              (b) The person proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent; or

              (c) The person proposing to make an anatomical gift knows of an objection to making an anatomical gift by a member of the person's class or a prior class.

              (3) An anatomical gift by a person authorized under subsection (1) of this section must be made by (a) a document of gift signed by the person or (b) the person's telegraphic, recorded telephonic, or other recorded message, or other form of communication from the person that is contemporaneously reduced to writing and signed by the recipient of the communication.

              (4) An anatomical gift by a person authorized under subsection (1) of this section may be revoked by a member of the same or a prior class if, before procedures have begun for the removal of a part from the body of the decedent, the physician, surgeon, technician, or enucleator removing the part knows of the revocation.

              (5) A failure to make an anatomical gift under subsection (1) of this section is not an objection to the making of an anatomical gift.


              NEW SECTION. Sec. 5. (1) On or before admission to a hospital, or as soon as possible thereafter, a person designated by the hospital shall ask each patient who is at least eighteen years of age: "Are you an organ or tissue donor?" If the answer is affirmative the person shall request a copy of the document of gift. If the answer is negative or there is no answer, the person designated shall provide the patient information about the right to make a gift and shall ask the patient if he or she wishes to become an anatomical parts donor. If the answer is affirmative, the person designated shall provide a document of gift to the patient. The answer to the questions, an available copy of any document of gift or refusal to make an anatomical gift, and any other relevant information shall be placed in the patient's medical record.

              (2) If, at or near the time of death of a patient, there is no medical record that the patient has made or refused to make an anatomical gift, the hospital administrator or a representative designated by the administrator shall discuss the option to make or refuse to make an anatomical gift and request the making of an anatomical gift under section 4(1) of this act. The request shall be made with reasonable discretion and sensitivity to the circumstances of the family. A request is not required if the gift is not suitable, based upon accepted medical standards, for a purpose specified in section 6 of this act. An entry shall be made in the medical record of the patient, stating the name and affiliation of the individual making the request, and of the name, response, and relationship to the patient of the person to whom the request was made. The secretary of the department of health shall adopt rules to implement this subsection.

              (3) The following persons shall make a reasonable search of the individual and his or her personal effects for a document of gift or other information identifying the bearer as a donor or as an individual who has refused to make an anatomical gift:

              (a) The agency assuming jurisdiction over the decedent, such as the coroner or medical examiner; or

              (b) A hospital, upon the admission of an individual at or near the time of death, if there is not immediately available another source of that information.

              (4) If a document of gift or evidence of refusal to make an anatomical gift is located by the search required by subsection (3)(a) of this section, and the individual or body to whom it relates is taken to a hospital, the hospital shall be notified of the contents and the document or other evidence shall be sent to the hospital.

              (5) If, at or near the time of death of a patient, a hospital knows that an anatomical gift has been made under section 4(1) of this act, or that a patient or an individual identified as in transit to the hospital is a donor, the hospital shall notify the donee if one is named and known to the hospital; if not, it shall notify an appropriate procurement organization. The hospital shall cooperate in the procurement of the anatomical gift or release and removal of a part.

              (6) A person who fails to discharge the duties imposed by this section is not subject to criminal or civil liability.

              (7) Hospitals shall develop policies and procedures to implement this section.


              NEW SECTION. Sec. 6. (1) The following persons may become donees of anatomical gifts for the purposes stated:

              (a) A hospital, physician, surgeon, or procurement organization for transplantation, therapy, medical or dental education, research, or advancement of medical or dental science;

              (b) An accredited medical or dental school, college, or university for education, research, or advancement of medical or dental science; or

              (c) A designated individual for transplantation or therapy needed by that individual.

              (2) An anatomical gift may be made to a designated donee or without designating a donee. If a donee is not designated or if the donee is not available or rejects the anatomical gift, the anatomical gift may be accepted by any hospital.

              (3) If the donee knows of the decedent's refusal or contrary indications to make an anatomical gift or that an anatomical gift made by a member of a class having priority to act is opposed by a member of the same class or a prior class under section 4(1) of this act, the donee may not accept the anatomical gift.


              NEW SECTION. Sec. 7. (1) Delivery of a document of gift during the donor's lifetime is not required for the validity of an anatomical gift.

              (2) If an anatomical gift is made to a designated donee, the document of gift, or a copy, may be delivered to the donee to expedite the appropriate procedures after death. The document of gift, or a copy, may be deposited in a hospital, procurement organization, or registry office that accepts it for safekeeping or for facilitation of procedures after death. On request of an interested person, upon or after the donor's death, the person in possession shall allow the interested person to examine or copy the document of gift.


              NEW SECTION. Sec. 8. (1) Rights of a donee created by an anatomical gift are superior to rights of others except when under the jurisdiction of the coroner or medical examiner. A donee may accept or reject an anatomical gift. If a donee accepts an anatomical gift of an entire body, the donee, subject to the terms of the gift, may allow embalming and use of the body in funeral services. If the gift is of a part of a body, the donee, upon the death of the donor and before embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the person under obligation to dispose of the body.

              (2) The time of death must be determined by a physician or surgeon who attends the donor at death or, if none, the physician or surgeon who certifies the death. Neither the physician or surgeon who attends the donor at death nor the physician or surgeon who determines the time of death may participate in the procedures for removing or transplanting a part.

              (3) If there has been an anatomical gift, a technician may remove any donated parts and an enucleator may remove any donated eyes or parts of eyes, after determination of death by a physician or surgeon.


              NEW SECTION. Sec. 9. Each hospital in this state, after consultation with other hospitals and procurement organizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies and parts.


              NEW SECTION. Sec. 10. (1) A person may not knowingly, for valuable consideration, purchase or sell a part for transplantation or therapy, if removal of the part is intended to occur after the death of the decedent.

              (2) Valuable consideration does not include reasonable payment for the removal, processing, disposal, preservation, quality control, storage, transportation, or implantation of a part.

              (3) A person who violates this section is guilty of a felony and upon conviction is subject to a fine not exceeding fifty thousand dollars or imprisonment not exceeding five years, or both.


              NEW SECTION. Sec. 11. (1) An anatomical gift authorizes reasonable examination necessary to assure medical acceptability of the gift for the purposes intended.

              (2) The provisions of sections 1 through 16 of this act are subject to the laws of this state governing the jurisdiction of the coroner or medical examiner.

              (3) A hospital, physician, surgeon, coroner, medical examiner, local public health officer, enucleator, technician, or other person, who acts in accordance with sections 1 through 16 of this act or with the applicable anatomical gift law of another state or a foreign country or attempts in good faith to do so, is not liable for that act in a civil action or criminal proceeding.

              (4) An individual who makes an anatomical gift under section 3 or 4 of this act and the individual's estate are not liable for injury or damage that may result from the making or the use of the anatomical gift.


              NEW SECTION. Sec. 12. Sections 1 through 16 of this act apply to a document of gift, revocation, or refusal to make an anatomical gift signed by the donor or a person authorized to make or object to making an anatomical gift before, on, or after the effective date of this section.


              NEW SECTION. Sec. 13. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.


              NEW SECTION. Sec. 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


              NEW SECTION. Sec. 15. In any case where a patient is in need of corneal tissue for a transplantation, corneal tissue may be provided by eye banks licensed by the secretary of health under rules promulgated by the department of health.


              NEW SECTION. Sec. 16. Sections 1 through 15 of this act may be cited as the "uniform anatomical gift act."


              NEW SECTION. Sec. 17. Sections 1 through 16 of this act are each added to chapter 68.50 RCW.


              Sec. 18. RCW 46.20.113 and 1987 c 331 s 81 are each amended to read as follows:

              The department of licensing shall provide a statement whereby the licensee may certify ((in the presence of two witnesses)) his or her willingness to make an anatomical gift under ((RCW 68.50.370)) section 3 of this act, as now or hereafter amended. The department shall provide the statement in at least one of the following ways:

              (1) On each driver's license; or

              (2) With each driver's license; or

              (3) With each in-person driver's license application.


              Sec. 19. RCW 68.50.106 and 1987 c 331 s 59 are each amended to read as follows:

              In any case in which an autopsy or post mortem is performed, the coroner or medical examiner, upon his or her own authority or upon the request of the prosecuting attorney or other law enforcement agency having jurisdiction, may make or cause to be made an analysis of the stomach contents, blood, or organs, or tissues of a deceased person and secure professional opinions thereon and retain or dispose of any specimens or organs of the deceased which in his or her discretion are desirable or needful for anatomic, bacteriological, chemical, or toxicological examination or upon lawful request are needed or desired for evidence to be presented in court. ((When the autopsy or post mortem requires examination in the region of the pituitary gland, that gland may be removed and utilized for any desirable or needful purpose: PROVIDED, That a reasonable effort to obtain consent as required under RCW 68.50.350 shall be made if that organ is to be so utilized.)) Costs shall be borne by the county.


              Sec. 20. RCW 68.50.500 and 1987 c 331 s 71 are each amended to read as follows:

              Each hospital shall develop procedures for identifying potential ((organ and tissue)) anatomical parts donors. The procedures shall require that any deceased individual's next of kin or other individual, as set forth in ((RCW 68.50.350)) section 4 of this act, and the medical record does not specify the deceased as a donor, at or near the time of notification of death be asked whether the deceased was ((an organ)) a part donor. If not, the family shall be informed of the option to donate ((organs and tissues)) parts pursuant to the uniform anatomical gift act. With the approval of the designated next of kin or other individual, as set forth in ((RCW 68.50.350)) section 4 of this act, the hospital shall then notify an established ((eye bank, tissue bank, or organ procurement agency)) procurement organization including those organ procurement agencies associated with a national organ procurement transportation network or other eligible donee, as specified in ((RCW 68.50.360)) section 6 of this act, and cooperate in the procurement of the anatomical gift or gifts. The procedures shall encourage reasonable discretion and sensitivity to the family circumstances in all discussions regarding donations of ((tissue or organs)) parts. The procedures may take into account the deceased individual's religious beliefs or obvious nonsuitability for ((organ and tissue)) an anatomical parts donation. Laws pertaining to the jurisdiction of the coroner shall be complied with in all cases of reportable deaths pursuant to RCW 68.50.010.


              NEW SECTION. Sec. 21. The following acts or parts of acts are each repealed:

              (1) RCW 68.50.280 and 1989 1st ex.s. c 9 s 224, 1987 c 331 s 64, & 1975-'76 2nd ex.s. c 60 s 1;

              (2) RCW 68.50.340 and 1981 c 44 s 1 & 1969 c 80 s 2;

              (3) RCW 68.50.350 and 1987 c 331 s 66 & 1969 c 80 s 3;

              (4) RCW 68.50.360 and 1982 c 9 s 1, 1979 c 37 s 1, & 1969 c 80 s 4;

              (5) RCW 68.50.370 and 1987 c 331 s 67, 1975 c 54 s 2, & 1969 c 80 s 5;

              (6) RCW 68.50.380 and 1969 c 80 s 6;

              (7) RCW 68.50.390 and 1969 c 80 s 7;

              (8) RCW 68.50.400 and 1987 c 331 s 68 & 1969 c 80 s 8;

              (9) RCW 68.50.410 and 1987 c 331 s 69 & 1969 c 80 s 9; and

              (10) RCW 68.50.420 and 1987 c 331 s 70 & 1969 c 80 s 11."

              On page 1, line 1 of the title, after "gifts;" strike the remainder of the title and insert "amending RCW 46.20.113, 68.50.106, and 68.50.500; adding new sections to chapter 68.50 RCW; repealing RCW 68.50.280, 68.50.340, 68.50.350, 68.50.360, 68.50.370, 68.50.380, 68.50.390, 68.50.400, 68.50.410, and 68.50.420; and prescribing penalties."

and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


              Representative Dellwo moved that the House do concur in the Senate amendments to Substitute House Bill No. 1012 and pass the bill as amended by the Senate.


              Representatives Dellwo and Miller spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


              The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1012 as amended by the Senate.


              Representative Appelwick spoke in favor of passage of the bill.


ROLL CALL


              The Clerk called the roll on final passage of Substitute House Bill No. 1012 as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

              Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

              Excused: Representatives Patterson and Reams - 2.


              Substitute House Bill No. 1012, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 6, 1993


Mr. Speaker:


              The Senate has passed SUBSTITUTE HOUSE BILL NO. 1021, with the following amendment:


              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. A new section is added to chapter 35.21 RCW to read as follows:

              (1) It is the purpose of this section to provide a means whereby all cities and towns may obtain, through a single source, information regarding ordinances of other cities and towns that may be of assistance to them in enacting appropriate local legislation.

              (2) For the purposes of this section, (a) "clerk" means the city or town clerk or other person who is lawfully designated to perform the recordkeeping function of that office, and (b) "municipal research council" means the municipal research council created by chapter 43.110 RCW.

              (3) The clerk of every city and town is directed to provide to the municipal research council or its designee, after adoption, a copy of each of its regulatory ordinances and such other ordinances or kinds of ordinances as may be described in a list or lists promulgated by the municipal research council or its designee from time to time, and may provide such copies without charge. The municipal research council may provide that information to the entity with which it contracts for the provision of municipal research and services, in order to provide a pool of information for all cities and towns in the state of Washington.

              (4) This section is intended to be directory and not mandatory.


              Sec. 2. RCW 35.27.320 and 1965 c 7 s 35.27.320 are each amended to read as follows:

              The violation of an ordinance of a town shall be a misdemeanor or a civil violation subject to a monetary penalty, and may be prosecuted by the authorities thereof in the name of the people of the state of Washington ((or may be redressed by civil action)).

              Any person sentenced to imprisonment may be imprisoned in the town jail, or if the council by ordinance shall so prescribe and if the county ((commissioners)) legislative authority have consented thereto, he or she may be imprisoned in the county jail, the expense thereof to be a charge against the town and in favor of the county.


              Sec. 3. RCW 35.22.288 and 1988 c 168 s 1 are each amended to read as follows:

              Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the official newspaper of the city. ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes the title, the publication shall include:

              (1) The name of the city;

              (2) The formal identification or citation number of the ordinance;

              (3) The full title of the ordinance; and

              (4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.

              An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

              The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting city.

              In addition to the requirement that a city publish the text or ((a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.


              Sec. 4. RCW 35.23.310 and 1988 c 168 s 2 are each amended to read as follows:

              Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the official newspaper of the city. ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes the title, the publication shall include:

              (1) The name of the city;

              (2) The formal identification or citation number of the ordinance;

              (3) The full title of the ordinance; and

              (4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.

              An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

              The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting city.

              In addition to the requirement that a city publish the text or ((a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.

              A certified copy of any ordinance certified to by the clerk, or a printed copy of any ordinance or compilation printed by authority of the city council and attested by the clerk shall be competent evidence in any court.


              Sec. 5. RCW 35.24.220 and 1988 c 168 s 4 are each amended to read as follows:

              Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the city's official newspaper. ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes the title, the publication shall include:

              (1) The name of the city;

              (2) The formal identification or citation number of the ordinance;

              (3) The full title of the ordinance; and

              (4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.

              An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

              The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting city.

              In addition to the requirement that a city publish the text or ((a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.


              Sec. 6. RCW 35.27.300 and 1988 c 168 s 5 are each amended to read as follows:

              Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the official newspaper of the town. ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. When the town publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the town publishes the title, the publication shall include:

              (1) The name of the town;

              (2) The formal identification or citation number of the ordinance;

              (3) The full title of the ordinance; and

              (4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.

              An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

              The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting town.

              In addition to the requirement that a town publish the text or ((a summary of the content)) title of each adopted ordinance, every town shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the town's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the town determines will satisfy the intent of this requirement.


              Sec. 7. RCW 35.30.018 and 1988 c 168 s 6 are each amended to read as follows:

              Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the official newspaper of the city. ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes the title, the publication shall include:

              (1) The name of the city;

              (2) The formal identification or citation number of the ordinance;

              (3) The full title of the ordinance; and

              (4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.

              An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

              The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting city.

              In addition to the requirement that a city publish the text or ((a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.


              Sec. 8. RCW 35A.12.160 and 1988 c 168 s 7 are each amended to read as follows:

              Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the city's official newspaper. ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes the title, the publication shall include:

              (1) The name of the city;

              (2) The formal identification or citation number of the ordinance;

              (3) The full title of the ordinance; and

              (4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.

              An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.

              The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting city.

              In addition to the requirement that a city publish the text or ((a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.


              Sec. 9. RCW 65.16.160 and 1977 c 34 s 4 are each amended to read as follows:

              (1) Whenever any county, city, or town is required by law to publish legal notices containing the full text of any proposed or adopted ordinance in a newspaper, the county, city, or town may publish ((a summary)) the title of the ordinance ((which summary shall be approved by the governing body and)), which shall include:

              (a) The name of the county, city, or town;

              (b) The formal identification or citation number of the ordinance;

              (c) ((A descriptive)) The full title of the ordinance; and

              (d) ((A section-by-section summary;

              (e) Any other information which the county, city, or town finds is necessary to provide a complete summary; and

              (f))) A statement that the full text will be mailed upon request made within ninety days after publication of the title.

              (2) ((Subsection (1) of this section notwithstanding, whenever any publication is made under this section and the proposed or adopted ordinance contains provisions regarding taxation or penalties or contains legal descriptions of real property, then the sections containing this matter shall be published in full and shall not be summarized. When a legal description of real property is involved, the notice shall also include the street address or addresses of the property described, if any. In the case of descriptions covering more than one street address, the street addresses of the four corners of the area described shall meet this requirement.

              (3))) The full text of any ordinance ((which is summarized by publication)), the title rather than the full text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting county, city, or town."

              On page 1, line 1 of the title, after "towns;" strike the remainder of the title and insert "amending RCW 35.27.320, 35.22.288, 35.23.310, 35.24.220, 35.27.300, 35.30.018, 35A.12.160, and 65.16.160; adding a new section to chapter 35.21 RCW; and prescribing penalties."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative H. Myers moved that the House do not concur in the Senate amendments to Substitute House Bill No. 1021 and ask the Senate to recede therefrom.


              Representative Edmondson spoke in favor of the motion and it was carried.


SENATE AMENDMENTS TO HOUSE BILL


April 6, 1993


Mr. Speaker:


              The Senate has passed HOUSE BILL NO. 1024 with the following amendment:


              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 52.16.061 and 1984 c 186 s 39 are each amended to read as follows:

              The board of fire commissioners of the district shall have authority to contract indebtedness and to refund same for any general district purpose, including expenses of maintenance, operation and administration, and the acquisition of firefighting facilities, and evidence the same by the issuance and sale of general obligation bonds of the district payable at such time or times not longer than ((six)) twenty years from the issuing date of the bonds. Such bonds shall be issued and sold in accordance with chapter 39.46 RCW. Such bonds shall not exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness, equal to three-eighths of one percent of the value of the taxable property within the fire protection district, as the term "value of the taxable property" is defined in RCW 39.36.015."

              On page 1, line 2 of the title, after "district;" strike the remainder of the title and insert "and amending RCW 52.16.061."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary



MOTION


              Representative H. Myers moved that the House do concur in the Senate amendments to House Bill No. 1024 and pass the bill as amended by the Senate.


              Representative Edmondson spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


              The Speaker stated the question before the House to be final passage of House Bill No. 1024 as amended by the Senate.


              Representative H. Myers spoke in favor of passage of the bill.


ROLL CALL


              The Clerk called the roll on final passage of House Bill No. 1024 as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

              Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

              Excused: Representatives Patterson and Reams - 2.


              House Bill No. 1024, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 8, 1993


Mr. Speaker:


              The Senate has passed HOUSE BILL NO. 1025 with the following amendment:


              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 4.16.190 and 1977 ex.s. c 80 s 2 are each amended to read as follows:

              If a person entitled to bring an action mentioned in this chapter, except for a penalty or forfeiture, or against a sheriff or other officer, for an escape, be at the time the cause of action accrued either under the age of eighteen years, or incompetent or disabled to such a degree that he or she cannot understand the nature of the proceedings, such incompetency or disability as determined according to chapter 11.88 RCW, or imprisoned on a criminal charge((, or in execution under the sentence of a court for a term less than his natural life)) prior to sentencing, the time of such disability shall not be a part of the time limited for the commencement of action."

              On page 1, line 1 of the title, after "prisoners;" strike the remainder of the title and insert "and amending RCW 4.16.190."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative Ludwig moved that the House do concur in the Senate amendments to House Bill No. 1025 and pass the bill as amended by the Senate.


              Representative Padden spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


              The Speaker stated the question before the House to be final passage of House Bill No. 1025 as amended by the Senate.


              Representative Ludwig spoke in favor of passage of the bill.


ROLL CALL


              The Clerk called the roll on final passage of House Bill No. 1025 as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

              Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

              Excused: Representatives Patterson and Reams - 2.


              House Bill No. 1025, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 13, 1993


Mr. Speaker:


              The Senate has passed SUBSTITUTE HOUSE BILL NO. 1026 with the following amendment:


              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 36.32.245 and 1991 c 363 s 62 are each amended to read as follows:

              (1) No contract for the purchase of materials, equipment, supplies, or services may be entered into by the county legislative authority or by any elected or appointed officer of the county until after bids have been submitted to the county. Bid specifications shall be in writing and shall be filed with the clerk of the county legislative authority for public inspection. An advertisement shall be published in the official newspaper of the county stating the time and place where bids will be opened, the time after which bids will not be received, the materials, equipment, supplies, or services to be purchased, and that the specifications may be seen at the office of the clerk of the county legislative authority. The advertisement shall be published at least once at least ten days prior to the last date upon which bids will be received.

              (2) The bids shall be in writing and filed with the clerk. The bids shall be opened and read in public at the time and place named in the advertisement. Immediately after the award is made, the bid quotations shall be recorded and open to public inspection and shall be available by telephone inquiry. Any or all bids may be rejected for good cause.

              (3) For advertisement and formal sealed bidding to be dispensed with as to purchases between two thousand five hundred and twenty-five thousand dollars, the county legislative authority must use the uniform process to award contracts as provided in RCW 39.04.190.

              (4) This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW; or contracts and purchases for the printing of election ballots, voting machine labels, and all other election material containing the names of candidates and ballot titles.

              (5) Nothing in this section shall prohibit the legislative authority of any county from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused.

              (6) This section does not apply to contracting for public defender services by a county."

              On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "and amending RCW 36.32.245."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative H. Myers moved that the House do concur in the Senate amendments to Substitute House Bill No. 1026 and pass the bill as amended by the Senate.


              Representative Edmondson spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


              The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1026 as amended by the Senate.


              Representative Ludwig spoke in favor of passage of the bill.


ROLL CALL


              The Clerk called the roll on final passage of Substitute House Bill No. 1026 as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

              Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

              Excused: Representatives Patterson and Reams - 2.


              Substitute House Bill No. 1026, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 6, 1993


Mr. Speaker:


              The Senate has passed ENGROSSED HOUSE BILL NO. 1033 with the following amendments:


              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. Cities and counties have a significant interest in ensuring that inmates in their jails are productive citizens after their release in the community. The legislature finds that there is an expressed need for cities and counties to uniformly develop and coordinate jail industries technical information and program and public safety standards state-wide. It further finds that meaningful jail work industries programs that are linked to formal education and adult literacy training can significantly reduce recidivism, the rising costs of corrections, and criminal activities. It is the purpose and intent of the legislature, through this chapter, to establish a state-wide jail industries program designed to promote inmate rehabilitation through meaningful work experience and reduce the costs of incarceration. The legislature recognizes that inmates should have the responsibility for contributing to the cost of their crime through the wages earned while working in jail industries programs and that such income shall be used to offset the costs of implementing and maintaining local jail industries programs and the costs of incarceration.


              NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

              (1) "Board" means the state-wide jail industries board of directors.

              (2) "City" means any city, town, or code city.

              (3) "Cost accounting center" means a specific industry program operated under the private sector prison industry enhancement certification program as specified in 18 U.S.C. Sec. 1761.

              (4) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior, district, or municipal court of the state of Washington for payment of restitution to a victim, a statutorily imposed crime victims compensation fee, court costs, a county or interlocal drug fund, court appointed attorneys' fees and costs of defense, fines, and other legal financial obligations that are assessed as a result of a felony or misdemeanor conviction.

              (5) "Free venture industries" means types of industries which produce products, goods, or services through two modalities: (a) Employer model: An agreement between city or county and a private sector business or industry or nonprofit organization to produce goods or services to both public and private sectors; (b) customer model: An industry operated and managed to provide Washington state manufacturers or businesses with products or services currently produced, provided, and assembled by out-of-state or foreign suppliers.

              (6) "Jail inmate" means a preconviction or postconviction resident of a city or county jail who is determined to be eligible to participate in jail inmate work programs according to the eligibility criteria of the work program.

              (7) "Private sector prison industry enhancement certification program" means that program authorized by the United States justice assistance act of 1984, 18 U.S.C. Sec. 1761.


              NEW SECTION. Sec. 3. A state-wide jail industries board of directors is established. The board shall consist of the following members:

              (1) One sheriff and one police chief, to be selected by the Washington association of sheriffs and police chiefs;

              (2) One county commissioner or one county councilmember to be selected by the Washington state association of counties;

              (3) One city official to be selected by the association of Washington cities;

              (4) Two jail administrators to be selected by the Washington state jail association, one of whom shall be from a county or a city with an established jail industries program;

              (5) One prosecuting attorney to be selected by the Washington association of prosecuting attorneys;

              (6) One administrator from a city or county corrections department to be selected by the Washington correctional association;

              (7) One county clerk to be selected by the Washington association of county clerks;

              (8) Three representatives from labor to be selected by the governor. The representatives may be chosen from a list of nominations provided by state-wide labor organizations representing a cross-section of trade organizations;

              (9) Three representatives from business to be selected by the governor. The representatives may be chosen from a list of nominations provided by state-wide business organizations representing a cross-section of businesses, industries, and all sizes of employers;

              (10) The governor's representative from the employment security department;

              (11) One member representing crime victims, to be selected by the governor;

              (12) One member representing on-line law enforcement officers, to be selected by the governor;

              (13) One member from the department of trade and economic development to be selected by the governor;

              (14) One member representing higher education, vocational education, or adult basic education to be selected by the governor; and

              (15) The governor's representative from the correctional industries division of the state department of corrections shall be an ex officio member for the purpose of coordination and cooperation between prison and jail industries and to further a positive relationship between state and local government offender programs.


              NEW SECTION. Sec. 4. The board shall, at the request of a city or county, offer advice in developing, promoting, and implementing consistent, safe, and efficient offender work programs.

              The board may also develop guidelines and provide technical assistance for the coordination of jail industries programs with basic educational programs.


              NEW SECTION. Sec. 5. The board shall require a city or a county that establishes a jail industries program to develop a local advisory group, or to use an existing advisory group of the appropriate composition, to advise and guide jail industries program operations. Such an advisory group shall include an equal number of representatives from labor and business. Representation from a sheltered workshop, as defined in RCW 82.04.385, and a crime victim advocacy group, if existing in the local area, should also be included.

              A local advisory group shall have among its tasks the responsibility of ensuring that a jail industry has minimal negative impact on existing private industries or the labor force in the locale where the industry operates and that a jail industry does not negatively affect employment opportunities for people with developmental disabilities contracted through the operation of sheltered workshops as defined in RCW 82.04.385. In the event a conflict arises between the local business community or labor organizations concerning new jail industries programs, products, services, or wages, the city or county must use the arbitration process established pursuant to section 6 of this act.


              NEW SECTION. Sec. 6. The board, in accordance with chapter 34.05 RCW, shall:

              (1) Establish an arbitration process for resolving conflicts arising among the local business community and labor organizations concerning new industries programs, products, services, or wages;

              (2) Encourage the development of the collection and analysis of jail industries program data, including long-term tracking information on offender recidivism;

              (3) Determine, by applying established federal guidelines and criteria, whether a city or a county jail free venture industries program complies with the private sector prison industry enhancement certification program. In so doing, also determine if that industry should be designated as a cost accounting center for the purposes of the federal certification program; and

              (4) Provide technical assistance with product marketing.


              NEW SECTION. Sec. 7. The board may receive funds from local, county, state, or federal sources and may receive grants to support its activities. The board may establish a reasonable schedule of suggested fees that will support state-wide efforts to promote and facilitate jail industries that would be presented to cities and counties that have established jail industries programs.


              NEW SECTION. Sec. 8. The board shall initially convene at the call of the representative of the correctional industries division of the state department of corrections, together with the jail administrator selected from a city or a county with an established jail industries program, no later than six months after the effective date of this act. Subsequent meetings of the board shall be at the call of the board chairperson. The board shall meet at least twice a year.

              The board shall elect a chairperson and other such officers as it deems appropriate. However, the chairperson may not be the representative of the correctional industries division of the state department of corrections nor any representative from a state executive branch agency.

              Members of the board shall serve terms of three years each on a staggered schedule to be established by the first board. For purposes of initiating a staggered schedule of terms, some members of the first board may initially serve two years and some members may initially serve four years.

              The members of the board shall serve without compensation but may be reimbursed for travel expenses from funds acquired under this chapter.


              NEW SECTION. Sec. 9. A city or a county that implements a jail industries program may establish a separate fund for the operation of the program. This fund shall be a special revenue fund with continuing authority to receive income and pay expenses associated with the jail industries program.


              NEW SECTION. Sec. 10. Cities and counties participating in jail industries are authorized to provide for comprehensive work programs using jail inmate workers at worksites within jail facilities or at such places within the city or county as may be directed by the legislative authority of the city or county, as similarly provided under RCW 36.28.100.


              NEW SECTION. Sec. 11. When an offender is employed in a jail industries program for which pay is allowed, deductions may be made from these earnings for court-ordered legal financial obligations as directed by the court in reasonable amounts that do not unduly discourage the incentive to work. These deductions shall be disbursed as directed in RCW 9.94A.145.

              In addition, inmates working in jail industries programs shall contribute toward costs to develop, implement, and operate jail industries programs. This amount shall be a reasonable amount that does not unduly discourage the incentive to work. The amount so deducted shall be deposited in the jail industries special revenue fund.

              Upon request of the offender, family support may also be deducted and disbursed to a designated family member.


              NEW SECTION. Sec. 12. A jail inmate who works in a free venture industry shall be considered an employee of that industry only for the purpose of the Washington industrial safety and health act, chapter 49.17 RCW, as long as the public safety is not compromised, and for eligibility for industrial insurance benefits under Title 51 RCW. However, eligibility for benefits for either the inmate or the inmate's dependents or beneficiaries for temporary total disability or permanent total disability under RCW 51.32.090 or 51.32.060, respectively, shall not take effect until the inmate is discharged from custody by order of a court of appropriate jurisdiction. Nothing in this section shall be construed to confer eligibility for any industrial insurance benefits to any jail inmate who is employed in a nonfree venture industry.


              NEW SECTION. Sec. 13. In the event of failure or discontinuance of a free venture industry agreement, responsibility for obligations under Title 51 RCW shall be borne by the city or county responsible for establishment of such free venture industry, as if the city or county had been the employing agency.


              NEW SECTION. Sec. 14. To the extent possible, jail industries programs shall be augmented by education and training to improve worker literacy and employability skills. Such education and training may include, but is not limited to, basic adult education, work towards a certificate of educational competence following successful completion of the general educational development test, vocational and preemployment work maturity skills training, and apprenticeship classes.


              NEW SECTION. Sec. 15. Until sufficient funding is secured by the board to adequately provide staffing, basic staff assistance shall be provided, to the extent possible, by the department of corrections.


              NEW SECTION. Sec. 16. Sections 1 through 15 of this act shall constitute a new chapter in Title 36 RCW.


              NEW SECTION. Sec. 17. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

              On page 1, line 1 of the title, after "industries;" strike the remainder of the title and insert "and adding a new chapter to Title 36 RCW."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative Mastin moved that the House do concur in the Senate amendments to Engrossed House Bill No. 1033 and pass the bill as amended by the Senate.


              Representative Long spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


              The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1033 as amended by the Senate.


              Representatives Mastin and H. Myers spoke in favor of passage of the bill.


ROLL CALL


              The Clerk called the roll on final passage of Engrossed House Bill No. 1033 as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

              Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

              Excused: Representatives Patterson and Reams - 2.


              Engrossed House Bill No. 1033, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 12, 1993


Mr. Speaker:


              The Senate has passed SUBSTITUTE HOUSE BILL NO. 1051, with the following amendments:


              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. The legislature finds that a public agency incurs expenses in an emergency response. It is the intent of the legislature to allow a public agency to recover the expenses of an emergency response to an incident involving persons who operate a motor vehicle, boat or vessel, or a civil aircraft while under the influence of an alcoholic beverage or a drug, or the combined influence of an alcoholic beverage and a drug. It is the intent of the legislature that the recovery of expenses of an emergency response under this act shall supplement and shall not supplant other provisions of law relating to the recovery of those expenses.


              NEW SECTION. Sec. 2. A new section is added to chapter 38.52 RCW to read as follows:

              A person whose intoxication causes an incident resulting in an appropriate emergency response, and who, in connection with the incident, has been found guilty of or has had their prosecution deferred for (1) driving while under the influence of intoxicating liquor or any drug, RCW 46.61.502; (2) operating an aircraft under the influence of intoxicants or drugs, RCW 47.68.220; (3) use of a vessel while under the influence of alcohol or drugs, RCW 88.12.100; (4) vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a); or (5) vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), is liable for the expense of an emergency response by a public agency to the incident.

              The expense of an emergency response is a charge against the person liable for expenses under this section. The charge constitutes a debt of that person and is collectible by the public agency incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied.

              In no event shall a person's liability under this section for the expense of an emergency response exceed one thousand dollars for a particular incident.

              If more than one public agency makes a claim for payment from an individual for an emergency response to a single incident under the provisions of this section, and the sum of the claims exceeds the amount recovered, the division of the amount recovered shall be determined by an interlocal agreement consistent with the requirements of chapter 39.34 RCW.


              Sec. 3. RCW 9.95.210 and 1992 c 86 s 1 are each amended to read as follows:

              In granting probation, the court may suspend the imposition or the execution of the sentence and may direct that the suspension may continue upon such conditions and for such time as it shall designate, not exceeding the maximum term of sentence or two years, whichever is longer.

               In the order granting probation and as a condition thereof, the court may in its discretion imprison the defendant in the county jail for a period not exceeding one year and may fine the defendant any sum not exceeding the statutory limit for the offense committed, and court costs. As a condition of probation, the court shall require the payment of the penalty assessment required by RCW 7.68.035. The court may also require the defendant to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary (1) to comply with any order of the court for the payment of family support, (2) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement, (3) to pay such fine as may be imposed and court costs, including reimbursement of the state for costs of extradition if return to this state by extradition was required, (4) following consideration of the financial condition of the person subject to possible electronic monitoring, to pay for the costs of electronic monitoring if that monitoring was required by the court as a condition of release from custody or as a condition of probation, ((and)) (5) to contribute to a county or interlocal drug fund, and (6) to make restitution to a public agency for the costs of an emergency response under section 2 of this act, and may require bonds for the faithful observance of any and all conditions imposed in the probation. The court shall order the probationer to report to the secretary of corrections or such officer as the secretary may designate and as a condition of the probation to follow implicitly the instructions of the secretary. If the probationer has been ordered to make restitution, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made. If restitution has not been made as ordered, the officer shall inform the prosecutor of that violation of the terms of probation not less than three months prior to the termination of the probation period. The secretary of corrections will promulgate rules and regulations for the conduct of the person during the term of probation. For defendants found guilty in district court, like functions as the secretary performs in regard to probation may be performed by probation officers employed for that purpose by the county legislative authority of the county wherein the court is located.


              Sec. 4. RCW 9.94A.030 and 1992 c 145 s 6 and 1992 c 75 s 1 are each reenacted and amended to read as follows:

              Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

              (1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

              (2) "Commission" means the sentencing guidelines commission.

              (3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

              (4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.

              (5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

              (6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.

              (7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.

              (8) "Confinement" means total or partial confinement as defined in this section.

              (9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

              (10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to the provisions in section 2 of this act.

              (11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.

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

              (b) "Criminal history" shall always include juvenile convictions for sex offenses and shall also include a defendant's other prior convictions in juvenile court if: (i) The conviction was for an offense which is a felony or a serious traffic offense and is criminal history as defined in RCW 13.40.020(6)(a); (ii) the defendant was fifteen years of age or older at the time the offense was committed; and (iii) with respect to prior juvenile class B and C felonies or serious traffic offenses, the defendant was less than twenty-three years of age at the time the offense for which he or she is being sentenced was committed.

              (13) "Department" means the department of corrections.

              (14) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

              (15) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

              (16) "Drug offense" means:

              (a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);

              (b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or

              (c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.

              (17) "Escape" means:

              (a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or

              (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.

              (18) "Felony traffic offense" means:

              (a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or

              (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.

              (19) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.

              (20)(a) "First-time offender" means any person who is convicted of a felony (i) not classified as a violent offense or a sex offense under this chapter, or (ii) that is not the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in schedule I or II that is a narcotic drug or the selling for profit [of] any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, and except as provided in (b) of this subsection, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.

              (b) For purposes of (a) of this subsection, a juvenile adjudication for an offense committed before the age of fifteen years is not a previous felony conviction except for adjudications of sex offenses.

              (21) "Nonviolent offense" means an offense which is not a violent offense.

              (22) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

              (23) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.

              (24) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

              (25) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.

              (26) "Serious traffic offense" means:

              (a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or

              (b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.

              (27) "Serious violent offense" is a subcategory of violent offense and means:

              (a) Murder in the first degree, homicide by abuse, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or

              (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.

              (28) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

              (29) "Sex offense" means:

              (a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

              (b) A felony with a finding of sexual motivation under RCW 9.94A.127; or

              (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.

              (30) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.

              (31) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

              (32) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.

              (33) "Violent offense" means:

              (a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, robbery in the second degree, vehicular assault, and vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

              (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and

              (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.

              (34) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. The civic improvement tasks shall be performed on public property or on private property owned or operated by nonprofit entities, except that, for emergency purposes only, work crews may perform snow removal on any private property. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (29) of this section are not eligible for the work crew program.

              (35) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.

              (36) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance. Home detention may not be imposed for offenders convicted of a violent offense, any sex offense, any drug offense, reckless burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050, assault in the third degree as defined in RCW 9A.36.031, assault of a child in the third degree, unlawful imprisonment as defined in RCW 9A.40.040, or harassment as defined in RCW 9A.46.020. Home detention may be imposed for offenders convicted of possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403) if the offender fulfills the participation conditions set forth in this subsection and is monitored for drug use by treatment alternatives to street crime (TASC) or a comparable court or agency-referred program.

              (a) Home detention may be imposed for offenders convicted of burglary in the second degree as defined in RCW 9A.52.030 or residential burglary conditioned upon the offender: (i) Successfully completing twenty-one days in a work release program, (ii) having no convictions for burglary in the second degree or residential burglary during the preceding two years and not more than two prior convictions for burglary or residential burglary, (iii) having no convictions for a violent felony offense during the preceding two years and not more than two prior convictions for a violent felony offense, (iv) having no prior charges of escape, and (v) fulfilling the other conditions of the home detention program.

              (b) Participation in a home detention program shall be conditioned upon: (i) The offender obtaining or maintaining current employment or attending a regular course of school study at regularly defined hours, or the offender performing parental duties to offspring or minors normally in the custody of the offender, (ii) abiding by the rules of the home detention program, and (iii) compliance with court-ordered legal financial obligations. The home detention program may also be made available to offenders whose charges and convictions do not otherwise disqualify them if medical or health-related conditions, concerns or treatment would be better addressed under the home detention program, or where the health and welfare of the offender, other inmates, or staff would be jeopardized by the offender's incarceration. Participation in the home detention program for medical or health-related reasons is conditioned on the offender abiding by the rules of the home detention program and complying with court-ordered restitution.


              Sec. 5. RCW 38.52.010 and 1986 c 266 s 23 are each amended to read as follows:

              As used in this chapter:

              (1) "Emergency management" or "comprehensive emergency management" means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural or man-made, and to provide support for search and rescue operations for persons and property in distress. However, "emergency management" or "comprehensive emergency management" does not mean preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack.

              (2) "Local organization for emergency services or management" means an organization created in accordance with the provisions of this chapter by state or local authority to perform local emergency management functions.

              (3) "Political subdivision" means any county, city or town.

              (4) "Emergency worker" means any person who is registered with a local emergency management organization or the department of community development and holds an identification card issued by the local emergency management director or the department of community development for the purpose of engaging in authorized emergency management activities or is an employee of the state of Washington or any political subdivision thereof who is called upon to perform emergency management activities.

              (5) "Injury" as used in this chapter shall mean and include accidental injuries and/or occupational diseases arising out of emergency management activities.

              (6)(a) "Emergency or disaster" as used in all sections of this chapter except section 2 of this act shall mean an event or set of circumstances which: (((a))) (i) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (((b))) (ii) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010.

              (b) "Emergency" as used in section 2 of this act means an incident that requires a normal police, coroner, fire, rescue, emergency medical services, or utility response as a result of a violation of one of the statutes enumerated in section 2 of this act.

              (7) "Search and rescue" means the acts of searching for, rescuing, or recovering by means of ground, marine, or air activity any person who becomes lost, injured, or is killed while outdoors or as a result of a natural or man-made disaster, including instances involving searches for downed aircraft when ground personnel are used. Nothing in this section shall affect appropriate activity by the department of transportation under chapter 47.68 RCW.

              (8) "Executive head" and "executive heads" means the county executive in those charter counties with an elective office of county executive, however designated, and, in the case of other counties, the county legislative authority. In the case of cities and towns, it means the mayor.

              (9) "Director" means the director of community development.

              (10) "Local director" means the director of a local organization of emergency management or emergency services.

              (11) "Department" means the department of community development.

              (12) "Emergency response" as used in section 2 of this act means a public agency's use of emergency services during an emergency or disaster as defined in subsection (6)(b) of this section.

              (13) "Expense of an emergency response" as used in section 2 of this act means reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising from the response to the particular incident. Reasonable costs shall include the costs of providing police, coroner, fire fighting, rescue, emergency medical services, or utility response at the scene of the incident, as well as the salaries of the personnel responding to the incident.

              (14) "Public agency" means the state, and a city, county, municipal corporation, district, or public authority located, in whole or in part, within this state which provides or may provide fire fighting, police, ambulance, medical, or other emergency services."

              On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "amending RCW 9.95.210 and 38.52.010; reenacting and amending RCW 9.94A.030; adding a new section to chapter 38.52 RCW; and creating a new section."

and the same are herewith transmitted.

Marty Brown, Secretary


MOTION


              Representative Ludwig moved that the House do concur in the Senate amendments to Substitute House Bill No. 1051 and pass the bill as amended by the Senate.


              Representative Scott spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY THE SENATE


              The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1051 as amended by the Senate.


ROLL CALL


              The Clerk called the roll on final passage of Substitute House Bill No. 1051 as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

              Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

              Excused: Representatives Patterson and Reams - 2.


              Substitute House Bill No. 1051, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 8, 1993


Mr. Speaker:


              The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1059 with the following amendments:


              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 9.41.300 and 1985 c 428 s 2 are each amended to read as follows:

              (1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a ((firearm)) weapon:

              (a) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (i) arrested for, charged with, or convicted of an offense, (ii) charged with being or adjudicated to be a juvenile offender as defined in RCW 13.40.020, (iii) held for extradition or as a material witness, or (iv) otherwise confined pursuant to an order of a court, except an order under chapter 13.32A or 13.34 RCW. Restricted access areas do not include common areas of egress or ingress open to the general public;

              (b) ((A courtroom or judge's chamber, while either is being used for any judicial proceeding. This does not include common areas of egress and ingress of the courthouse)) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection (1)(b).

              In addition, the local legislative authority shall provide either a stationary locked box sufficient in size for short firearms and key to a weapon owner for weapon storage, or shall designate an official to receive weapons for safekeeping, during the owner's visit to restricted areas of the building. The locked box or designated official shall be located within the same building used in connection with court proceedings. The local legislative authority shall be liable for any negligence causing damage to or loss of a weapon either placed in a locked box or left with an official during the owner's visit to restricted areas of the building.

              The local judicial authority shall designate and clearly mark those areas where weapons are prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in the restricted areas;

              (c) The restricted access areas of a public mental health facility certified by the department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted access areas do not include common areas of egress and ingress open to the general public; or

              (d) That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age.

              (2) Notwithstanding RCW 9.41.290, cities, towns, counties, and other municipalities may enact laws and ordinances:

              (a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and

              (b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:

              (i) Any firearm in the possession of a person licensed under RCW 9.41.070; or

              (ii) Any showing, demonstration, or lecture involving the exhibition of firearms.

              (3) The perimeter of the premises of any specific location covered by subsection (1) of this section shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises.

              (4) Subsection (1) of this section does not apply to:

              (a) A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;

              (b) Law enforcement personnel; or

              (c) Security personnel while engaged in official duties.

              (5) Subsection (1)(a) of this section does not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises or checks his or her firearm. The person may reclaim the firearms upon leaving but must immediately and directly depart from the place or facility.

              (6) ((Subsection (1)(b) of this section does not apply to a judge or court employee or to any person licensed under RCW 9.41.070 who, before entering the restricted area, directly and promptly proceeds to the court administrator or the administrator's designee and obtains written permission to possess the firearm.

              (7))) Subsection (1)(c) of this section does not apply to any administrator or employee of the facility or to any person who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises.

              (((8))) (7) Subsection (1)(d) of this section does not apply to the proprietor of the premises or his or her employees while engaged in their employment.

              (((9))) (8) Any person violating subsection (1) of this section is guilty of a misdemeanor.

              (9) "Weapon" as used in this section means any firearm, explosive as defined in RCW 70.74.010, or instrument or weapon listed in RCW 9.41.250."

              On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "amending RCW 9.41.300; and prescribing penalties."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative Ludwig moved that the House do concur in the Senate amendments to Engrossed Substitute House Bill No. 1059 and pass the bill as amended by the Senate.


              Representative Padden spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


              The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1059 as amended by the Senate.


ROLL CALL


              The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1059 as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

              Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

              Excused: Representatives Patterson and Reams - 2.


              Engrossed Substitute House Bill No. 1059, as amended by the Senate, having received the constitutional majority, was declared passed.


              The Speaker (Representative R. Meyers presiding) assumed the chair.


SENATE AMENDMENTS TO HOUSE BILL


April 6, 1993


Mr. Speaker:


              The Senate has passed SUBSTITUTE HOUSE BILL NO. 1061 with the following amendments:


              On page 1, beginning on line 16, delete "twenty-five" and insert "thirty"

              On page 6, line 14, after "than" delete "twenty-five" and insert "thirty"

              On page 6, after line 17, insert the following:

              "NEW SECTION. Sec. 8. Nothing in RCW 87.03.530(2) and sections 2 through 7 of this act shall authorize the impairment or operate to impair any existing water rights."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative Rayburn moved that the House do concur in the Senate amendments to Substitute House Bill No. 1061 and pass the bill as amended by the Senate. The motion was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


              The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1061 as amended by the Senate.


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


ROLL CALL


              The Clerk called the roll on final passage of Substitute House Bill No. 1061 as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

              Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

              Excused: Representatives Patterson and Reams - 2.


              Substitute House Bill No. 1061, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 13, 1993


Mr. Speaker:


              The Senate has passed ENGROSSED HOUSE BILL NO. 1067, with the following amendments:


              On page 2, line 34, after "employed" strike all material through "or" on line 35


              On page 2, line 38, after "in the" strike "facility or"

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION



              Representative Heavey moved that the House do concur in the Senate amendment to Engrossed House Bill No. 1067 and pass the bill as amended by the Senate. The motion was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


              The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1067 as amended by the Senate.


              Representatives Heavey and Lisk spoke in favor of passage of the bill.


ROLL CALL


              The Clerk called the roll on final passage of Engrossed House Bill No. 1067 as amended by the Senate and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Absent - 0, Excused - 2.

              Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

              Voting nay: Representatives Fuhrman and Padden - 2.

              Excused: Representatives Patterson and Reams - 2.


              Engrossed House Bill No. 1067, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 6, 1993


Mr. Speaker:


              The Senate has passed HOUSE BILL NO. 1068, with the following amendments:


              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

              (1) "Beneficiary form" means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner, referred to as a "beneficiary."

              (2) "Devisee" means any person designated in a will to receive a disposition of real or personal property.

              (3) "Heirs" means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.

              (4) "Person" means an individual, a corporation, an organization, or other legal entity.

              (5) "Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.

              (6) "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

              (7) "Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.

              (8) "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.

              (9) "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.

              (10) "Security account" means (a) a reinvestment account associated with a security; a securities account with a broker; a cash balance in a brokerage account; or cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death; or (b) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.

              (11) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.


              NEW SECTION. Sec. 2. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form shall hold the security as joint tenants with right of survivorship either as separate property or as community property, and not as tenants in common.


              NEW SECTION. Sec. 3. A registering entity may register a security in beneficiary form if the form is authorized by this chapter or a substantially identical statute of another state if the state is: (1) The state of organization of the issuer or registering entity, (2) the location of the registering entity's principal office, (3) the location of the office of its transfer agent or its office making the registration, or (4) the location of the owner's listed address at the time of registration. A registration governed by the law of a jurisdiction in which this or substantially identical legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.


              NEW SECTION. Sec. 4. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of a sole owner or at the death of the last to die of multiple owners.


              NEW SECTION. Sec. 5. Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner or owners and before the name of a beneficiary.


              NEW SECTION. Sec. 6. The designation of a TOD or POD beneficiary on a registration in beneficiary form has no effect on ownership of the security until the owner's death, or on community property rights and obligations of owners. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners, without the consent of the beneficiary.


              NEW SECTION. Sec. 7. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.


              NEW SECTION. Sec. 8. (1) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this chapter.

              (2) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this chapter.

              (3) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devices of a deceased owner if it registers a transfer of a security in accordance with section 7 of this act and does so in good faith reliance (a) on the registration, (b) on this chapter, and (c) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this chapter do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this chapter.

              (4) The protection provided by this chapter to a registering entity does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.


              NEW SECTION. Sec. 9. (1) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this chapter and is not testamentary.

              (2) This chapter does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.


              NEW SECTION. Sec. 10. (1) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (a) for registrations in beneficiary form, and (b) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, and designating beneficiaries. Other rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form may be contained in a registering entity's terms and conditions.

              (2) The following are illustrations of registrations in beneficiary form that a registering entity may authorize:

              (a) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown Jr.

              (b) Multiple owners-sole beneficiary: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr.

              (c) Multiple owners-multiple beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. Peter Q. Brown.


              NEW SECTION. Sec. 11. (1) This chapter shall be known as and may be cited as the uniform TOD security registration act.

              (2) This chapter shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this chapter among states enacting it.

              (3) Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement the provisions of this chapter.


              NEW SECTION. Sec. 12. This chapter applies to registrations of securities in beneficiary form made before or after the effective date of this act, by decedents dying on or after the effective date of this act.


              NEW SECTION. Sec. 13. Sections 1 through 12 of this act shall constitute a new chapter in Title 21 RCW."

              On page 1, line 1 of the title, after "securities;" strike the remainder of the title and insert "and adding a new chapter to Title 21 RCW."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative Ludwig moved that the House do concur in the Senate amendments to House Bill No. 1068 and pass the bill as amended by the Senate.


              Representative Padden spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


              The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1068 as amended by the Senate.


ROLL CALL


              The Clerk called the roll on final passage of House Bill No. 1068 as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

              Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

              Excused: Representatives Patterson and Reams - 2.


              House Bill No. 1068, as amended by the Senate, having received the constitutional majority, was declared passed.

SENATE AMENDMENTS TO HOUSE BILL


April 13, 1993


Mr. Speaker:


              The Senate has passed HOUSE BILL NO. 1384 with the following amendments:


              On page 3, line 11, after "district," insert "the letting of any contract to the spouse of a school board member in a school district when such contract is solely for employment as a certificated employee of the school district,"

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative Dorn moved that the House do not concur in the Senate amendments to House Bill No. 1384 and ask the Senate to recede therefrom. The motion was carried.


SENATE AMENDMENTS TO HOUSE BILL


April 12, 1993


Mr. Speaker:


              The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1541, with the following amendments:


              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 18.73.081 and 1990 c 269 s 24 are each amended to read as follows:

              In addition to other duties prescribed by law, the secretary shall:

              (1) Prescribe minimum requirements for:

              (a) Ambulance, air ambulance, and aid vehicles and equipment;

              (b) Ambulance and aid services; and

              (c) Minimum emergency communication equipment;

              (2) Adopt procedures for services that fail to perform in accordance with minimum requirements;

              (3) Prescribe minimum standards for first responder and emergency medical technician training including:

              (a) Adoption of curriculum and period of certification;

              (b) Procedures for certification, recertification, decertification, or modification of certificates((: PROVIDED, That there shall be no practical examination for recertification if the applicant received a passing grade on the state written examination and completed a program of ongoing training and evaluation, approved in rule by the county medical program director and the secretary));

              (c) Adoption of requirements for ongoing training and evaluation, as approved by the county medical program director, to include appropriate evaluation for individual knowledge and skills. The first responder, emergency medical technician, or emergency medical services provider agency may elect a program of continuing education and a written and practical examination instead of meeting the ongoing training and evaluation requirements;

              (d) Procedures for reciprocity with other states or national certifying agencies;

              (((d))) (e) Review and approval or disapproval of training programs; and

              (((e))) (f) Adoption of standards for numbers and qualifications of instructional personnel required for first responder and emergency medical technician training programs;

              (4) Prescribe minimum requirements for liability insurance to be carried by licensed services except that this requirement shall not apply to public bodies; and

              (5) Certify emergency medical program directors.


              Sec. 2. RCW 43.70.110 and 1989 1st ex.s. c 9 s 263 are each amended to read as follows:

              (1) The secretary shall charge fees to the licensee for obtaining a license. ((Municipal corporations providing emergency medical care and transportation services pursuant to chapter 18.73 RCW shall be exempt from such fees, provided that such other emergency services shall only be charged for their pro rata share of the cost of licensure and inspection, if appropriate.)) The secretary may waive the fees when, in the discretion of the secretary, the fees would not be in the best interest of public health and safety, or when the fees would be to the financial disadvantage of the state.

              (2) Fees charged shall be based on, but shall not exceed, the cost to the department for the licensure of the activity or class of activities and may include costs of necessary inspection.

              (3) Department of health advisory committees may review fees established by the secretary for licenses and comment upon the appropriateness of the level of such fees."

              On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "and amending RCW 18.73.081 and 43.70.110."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative Dellwo moved that the House do not concur on the Senate amendments to Engrossed Substitute House Bill No. 1541 and ask the Senate for a conference thereon. The motion was carried.


APPOINTMENT OF CONFEREES


              The Speaker (Representative R. Meyers presiding) appointed Representatives Dellwo, Orr and Dyer as conferees on Engrossed Substitute House Bill No. 1541.


SENATE AMENDMENTS TO HOUSE BILL


April 13, 1993


Mr. Speaker:


              The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1569, with the following amendments:


              On page 5, beginning on line 21, strike all of section 4


              On page 1, beginning on line 1 of the title, after "9A.36.080" strike "and 13.40.0357"

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative Ludwig moved that the House do concur in the Senate amendments to Engrossed Substitute House Bill No. 1569 and pass the bill as amended by the Senate.


              Representative Padden spoke against the motion.


              Representatives Appelwick, Wineberry and J. Kohl spoke in favor of the motion.


              Representative Padden again spoke against the motion.


              The motion was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


              The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1569 as amended by the Senate.


ROLL CALL


              The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1569 as amended by the Senate and the bill passed the House by the following vote: Yeas - 84, Nays - 12, Absent - 0, Excused - 2.

              Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brough, Brown, Campbell, Carlson, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Myers, H., Ogden, Orr, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheldon, Shin, Silver, Sommers, Springer, Talcott, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 84.

              Voting nay: Representatives Ballard, Brumsickle, Casada, Chandler, Chappell, Fuhrman, Lisk, Morton, Padden, Sheahan, Stevens and Tate - 12.

              Excused: Representatives Patterson and Reams - 2.


              Engrossed Substitute House Bill No. 1569, as amended by the House, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 8, 1993


Mr. Speaker:


              The Senate has passed SUBSTITUTE HOUSE BILL NO. 1673 with the following amendment:


              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. (1) The subcommittee on the aerospace industry is established as a subcommittee of the executive-legislative committee on economic development created in chapter . . . (Senate Bill No. 5300), Laws of 1993. The subcommittee is to examine the overall impacts of the aerospace industry work slowdown and make recommendations to the full committee, the governor, and the legislature regarding:

              (a) The need for short-term and long-term assistance for workers made unemployed by the slowdown, including extending unemployment benefits, job retraining, new employment assistance, family assistance, and other types of assistance; and

              (b) A long-term approach to diversification of the region most affected by aerospace business fluctuations.

              In conducting the examination, the subcommittee shall consider the impacts on: The state and substate regional economies; displaced workers and their families; and businesses not directly related to the aerospace industry.

              (2) The subcommittee shall consist of at least three members of the full committee and may include advisory members. The advisory members may include representatives from: (a) The aerospace industry; (b) chambers of commerce and economic development councils; (c) unions representing aerospace workers; (d) county councils; (e) city governments; and (f) the work force training and education coordinating board.

              (3) The subcommittee shall meet as soon as is practicable and make a preliminary report to the full committee, the governor, and the appropriate standing committees of the legislature by September 15, 1993, and a final report before December 1, 1993.

              (4) This section shall expire December 31, 1993.


              NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

              On page 1, line 2 of the title, after "force;" strike the remainder of the title and insert "creating a new section; and declaring an emergency."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative Wineberry moved that the House do not concur in the Senate amendments to Substitute House Bill No. 1673 and ask the Senate to recede therefrom.


              Representative Forner spoke in favor of the motion and it was carried.


SENATE AMENDMENTS TO HOUSE BILL


April 12, 1993


Mr. Speaker:


              The Senate has passed SUBSTITUTE HOUSE BILL NO. 2055, with the following amendments:


              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. Perpetuation of fish and wildlife in Washington requires clear, efficient, streamlined, scientific, management from a single state fish and wildlife agency. Such a consolidation will focus existing funds for the greatest protection of species and stocks. It will bring combined resources to bear on securing, managing, and enhancing habitats. It will simplify licensing, amplify research, increase field staff, avoid duplication, and magnify enforcement of laws and rules. It will provide all fishers, hunters, and observers of fish and wildlife with a single source of consistent policies, procedures, and access.


              NEW SECTION. Sec. 2. There is hereby created a department of state government to be known as the department of fish and wildlife. The department shall be vested with all powers and duties transferred to it under this chapter and such other powers and duties as may be authorized by law. All powers, duties, and functions of the department of fisheries and the department of wildlife are transferred to the department of fish and wildlife. All references in the Revised Code of Washington to the director or the department of fisheries or the director or department of wildlife shall be construed to mean the director or department of fish and wildlife.


              NEW SECTION. Sec. 3. As used in this chapter, unless the context indicates otherwise:

              (1) "Department" means the department of fish and wildlife.

              (2) "Director" means the director of fish and wildlife.

              (3) "Commission" means the fish and wildlife commission.


              NEW SECTION. Sec. 4. The executive head and appointing authority of the department shall be the director. The director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The director shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040.


              NEW SECTION. Sec. 5. In addition to other powers and duties granted or transferred to the director, the director shall have the following powers and duties:

              (1) Supervise and administer the department in accordance with law;

              (2) Appoint personnel and prescribe their duties. Except as otherwise provided, personnel of the department are subject to chapter 41.06 RCW, the state civil service law;

              (3) Enter into contracts on behalf of the agency;

              (4) Adopt rules in accordance with chapter 34.05 RCW, the administrative procedure act;

              (5) Delegate powers, duties, and functions as the director deems necessary for efficient administration but the director shall be responsible for the official acts of the officers and employees of the department;

              (6) Appoint advisory committees and undertake studies, research, and analysis necessary to support the activities of the department;

              (7) Accept and expend grants, gifts, or other funds to further the purposes of the department;

              (8) Carry out basic goals and objectives as prescribed by the fish and wildlife commission pursuant to RCW 77.04.055; and

              (9) Perform other duties as are necessary and consistent with law.


              NEW SECTION. Sec. 6. The director shall appoint such deputy directors, assistant directors, and up to seven special assistants as may be needed to administer the department. These employees are exempt from the provisions of chapter 41.06 RCW.


              NEW SECTION. Sec. 7. The director of fisheries, the director of wildlife, the food fish and shellfish advisory council, and the fish and wildlife commission, shall, by November 15, 1993, jointly submit a plan to the governor for the consolidation and smooth transition of the department of fisheries and the department of wildlife into the department of fish and wildlife so that the department of fish and wildlife will operate as a single entity on July 1, 1994. The wildlife commission shall review its area of responsibility in the consolidated agency and submit recommendations to the governor on any necessary changes in its statutory authority.


              NEW SECTION. Sec. 8. The department of fisheries and the department of wildlife are abolished and their powers, duties, and functions are transferred to the department of fish and wildlife.


              NEW SECTION. Sec. 9. All reports, documents, surveys, books, records, files, papers, or written material connected with the powers, duties, and functions transferred in this act shall be delivered to the custody of the department of fish and wildlife. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed in connection with the powers, duties, and functions transferred shall be made available to the department of fish and wildlife. All funds, credits, or other assets held in connection with the powers, duties, and functions transferred shall be assigned to the department of fish and wildlife.

              Any appropriations made in connection with the powers, duties, and functions transferred shall, on the effective date of this section, be transferred and credited to the department of fish and wildlife.

              Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, or as to the powers, duties, and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.


              NEW SECTION. Sec. 10. All classified employees employed in connection with the powers, duties, and functions transferred are transferred to the jurisdiction of the department of fish and wildlife. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of fish and wildlife to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.


              NEW SECTION. Sec. 11. All rules and all pending business before any agency of state government pertaining to the powers, duties, and functions transferred shall be continued and acted upon by the department of fish and wildlife. All existing contracts, obligations, and agreements shall remain in full force and shall be performed by the department of fish and wildlife.


              NEW SECTION. Sec. 12. The transfer of the powers, duties, functions, and personnel shall not affect the validity of any act performed by any employee before the effective date of this section.


              NEW SECTION. Sec. 13. If apportionments of budgeted funds are required because of the transfers directed by sections 9 through 12 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.


              NEW SECTION. Sec. 14. Nothing contained in sections 9 through 13 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.


              Sec. 15. RCW 41.06.070 and 1990 c 60 s 101 are each amended to read as follows:

              The provisions of this chapter do not apply to:

              (1) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, legislative budget committee, statute law committee, and any interim committee of the legislature;

              (2) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;

              (3) Officers, academic personnel, and employees of state institutions of higher education, the state board for community and technical colleges ((education)), and the higher education personnel board;

              (4) The officers of the Washington state patrol;

              (5) Elective officers of the state;

              (6) The chief executive officer of each agency;

              (7) In the departments of employment security, ((fisheries,)) social and health services, the director and ((his)) the director's confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, ((his)) the director's confidential secretary, and ((his)) the director's statutory assistant directors;

              (8) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:

              (a) All members of such boards, commissions, or committees;

              (b) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: (i) The secretary of the board, commission, or committee; (ii) the chief executive officer of the board, commission, or committee; and (iii) the confidential secretary of the chief executive officer of the board, commission, or committee;

              (c) If the members of the board, commission, or committee serve on a full-time basis: (i) The chief executive officer or administrative officer as designated by the board, commission, or committee; and (ii) a confidential secretary to the chairman of the board, commission, or committee;

              (d) If all members of the board, commission, or committee serve ex officio: (i) The chief executive officer; and (ii) the confidential secretary of such chief executive officer;

              (9) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;

              (10) Assistant attorneys general;

              (11) Commissioned and enlisted personnel in the military service of the state;

              (12) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the state personnel board or the board having jurisdiction;

              (13) The public printer or to any employees of or positions in the state printing plant;

              (14) Officers and employees of the Washington state fruit commission;

              (15) Officers and employees of the Washington state apple advertising commission;

              (16) Officers and employees of the Washington state dairy products commission;

              (17) Officers and employees of the Washington tree fruit research commission;

              (18) Officers and employees of the Washington state beef commission;

              (19) Officers and employees of any commission formed under the provisions of chapter 191, Laws of 1955, and chapter 15.66 RCW;

              (20) Officers and employees of the state wheat commission formed under the provisions of chapter 87, Laws of 1961 (chapter 15.63 RCW);

              (21) Officers and employees of agricultural commissions formed under the provisions of chapter 256, Laws of 1961 (chapter 15.65 RCW);

              (22) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;

              (23) Liquor vendors appointed by the Washington state liquor control board pursuant to RCW 66.08.050: PROVIDED, HOWEVER, That rules and regulations adopted by the state personnel board pursuant to RCW 41.06.150 regarding the basis for, and procedures to be followed for, the dismissal, suspension, or demotion of an employee, and appeals therefrom shall be fully applicable to liquor vendors except those part time agency vendors employed by the liquor control board when, in addition to the sale of liquor for the state, they sell goods, wares, merchandise, or services as a self-sustaining private retail business;

              (24) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;

              (25) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency heads;

              (26) All employees of the marine employees' commission;

              (27) Up to a total of five senior staff positions of the western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit. This subsection shall expire on June 30, 1997;

              (28) In addition to the exemptions specifically provided by this chapter, the state personnel board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the personnel board stating the reasons for requesting such exemptions. The personnel board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection. If the board determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the personnel board shall grant the request and such determination shall be final. The total number of additional exemptions permitted under this subsection shall not exceed one hundred eighty-seven for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The state personnel board shall report to each regular session of the legislature during an odd-numbered year all exemptions granted under subsections (24), (25), and (28) of this section, together with the reasons for such exemptions.

              The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (10) through (22) of this section, shall be determined by the state personnel board.

              Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

              Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

              A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.


              Sec. 16. RCW 43.17.010 and 1989 1st ex.s. c 9 s 810 are each amended to read as follows:

              There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) ((the department of fisheries, (6))) the department of fish and wildlife, (((7))) (6) the department of transportation, (((8))) (7) the department of licensing, (((9))) (8) the department of general administration, (((10))) (9) the department of trade and economic development, (((11))) (10) the department of veterans affairs, (((12))) (11) the department of revenue, (((13))) (12) the department of retirement systems, (((14))) (13) the department of corrections, (((15))) (14) the department of community development, and (((16))) (15) the department of health, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.


              Sec. 17. RCW 43.17.020 and 1989 1st ex.s. c 9 s 811 are each amended to read as follows:

              There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) ((the director of fisheries, (6))) the director of fish and wildlife, (((7))) (6) the secretary of transportation, (((8))) (7) the director of licensing, (((9))) (8) the director of general administration, (((10))) (9) the director of trade and economic development, (((11))) (10) the director of veterans affairs, (((12))) (11) the director of revenue, (((13))) (12) the director of retirement systems, (((14))) (13) the secretary of corrections, (((15))) (14) the director of community development, and (((16))) (15) the secretary of health.

              Such officers, except the secretary of transportation, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. ((The director of wildlife, however, shall be appointed according to the provisions of RCW 77.04.080. If a vacancy occurs while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate. A temporary director of wildlife shall not serve more than one year.)) The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041.


              Sec. 18. RCW 42.17.2401 and 1991 c 200 s 404 are each amended to read as follows:

              For the purposes of RCW 42.17.240, the term "executive state officer" includes:

              (1) The chief administrative law judge, the director of agriculture, the administrator of the office of marine safety, the administrator of the Washington basic health plan, the director of the department of services for the blind, the director of the state system of community and technical colleges, the director of community development, the secretary of corrections, the director of ecology, the commissioner of employment security, the chairman of the energy facility site evaluation council, the director of the energy office, the secretary of the state finance committee, the director of financial management, the director of ((fisheries)) fish and wildlife, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the director of the higher education personnel board, the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the director of the interagency committee for outdoor recreation, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the lottery commission, the director of the office of minority and women's business enterprises, the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, the director of trade and economic development, the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, ((the director of wildlife,)) the president of each of the regional and state universities and the president of The Evergreen State College, each district and each campus president of each state community college;

              (2) Each professional staff member of the office of the governor;

              (3) Each professional staff member of the legislature; and

              (4) Central Washington University board of trustees, board of trustees of each community college, each member of the state board for community and technical colleges ((education)), state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen State College board of trustees, forest practices appeals board, forest practices board, gambling commission, Washington health care facilities authority, higher education coordinating board, higher education facilities authority, higher education personnel board, horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, information services board, interagency committee for outdoor recreation, state investment board, liquor control board, lottery commission, marine oversight board, oil and gas conservation committee, Pacific Northwest electric power and conservation planning council, parks and recreation commission, personnel appeals board, personnel board, board of pilotage (([commissioners])) commissioners, pollution control hearings board, public disclosure commission, public pension commission, shorelines hearing board, state employees' benefits board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington state maritime commission, Washington public power supply system executive board, Washington State University board of regents, Western Washington University board of trustees, and fish and wildlife commission.


              Sec. 19. RCW 43.51.955 and 1987 c 506 s 93 are each amended to read as follows:

              Nothing in RCW 43.51.946 through 43.51.956 shall be construed to interfere with the powers, duties, and authority of the state department of fish and wildlife or the state fish and wildlife commission to regulate, manage, conserve, and provide for the harvest of wildlife within such area: PROVIDED, HOWEVER, That no hunting shall be permitted in any state park.


              Sec. 20. RCW 75.08.011 and 1990 c 63 s 6 and 1990 c 35 s 3 are each reenacted and amended to read as follows:

              As used in this title or rules of the director, unless the context clearly requires otherwise:

              (1) "Director" means the director of ((fisheries)) fish and wildlife.

              (2) "Department" means the department of ((fisheries)) fish and wildlife.

              (3) "Person" means an individual or a public or private entity or organization. The term "person" includes local, state, and federal government agencies, and all business organizations.

              (4) "Fisheries patrol officer" means a person appointed and commissioned by the director, with authority to enforce this title, rules of the director, and other statutes as prescribed by the legislature. Fisheries patrol officers are peace officers.

              (5) "Ex officio fisheries patrol officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fisheries patrol officer" also includes wildlife agents, special agents of the national marine fisheries service, United States fish and wildlife special agents, state parks commissioned officers, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

              (6) "To fish" and "to take" and their derivatives mean an effort to kill, injure, harass, or catch food fish or shellfish.

              (7) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.

              (8) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.

              (9) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.

              (10) "Resident" means a person who has for the preceding ninety days maintained a permanent abode within the state, has established by formal evidence an intent to continue residing within the state, and is not licensed to fish as a resident in another state.

              (11) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

              (12) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that shall not be fished for except as authorized by rule of the director. The term "food fish" includes all stages of development and the bodily parts of food fish species.

              (13) "Shellfish" means those species of marine and freshwater invertebrates that shall not be taken except as authorized by rule of the director. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

              (14) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW, and includes:


              Scientific Name                                             Common Name


              Oncorhynchus tshawytscha                                          Chinook salmon

              Oncorhynchus kisutch                                                  Coho salmon

              Oncorhynchus keta                                                       Chum salmon

              Oncorhynchus gorbuscha                               Pink salmon

              Oncorhynchus nerka                                                     Sockeye salmon


              (15) "Commercial" means related to or connected with buying, selling, or bartering. Fishing for food fish or shellfish with gear unlawful for fishing for personal use, or possessing food fish or shellfish in excess of the limits permitted for personal use are commercial activities.

              (16) "To process" and its derivatives mean preparing or preserving food fish or shellfish.

              (17) "Personal use" means for the private use of the individual taking the food fish or shellfish and not for sale or barter.

              (18) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel to which are attached no more than two single hooks or one artificial bait with no more than four multiple hooks.

              (19) "Open season" means those times, manners of taking, and places or waters established by rule of the director for the lawful fishing, taking, or possession of food fish or shellfish. "Open season" includes the first and last days of the established time.

              (20) "Emerging commercial fishery" means any commercial fishery:

              (a) For food fish or shellfish so designated by rule of the director, except that no species harvested under a license limitation program contained in chapter 75.30 RCW may be designated as a species in an emerging commercial fishery.

              (b) Which will include, subject to the limitation in (a) of this subsection, all species harvested for commercial purposes as of June 7, 1990, and the future commercial harvest of all other species in the waters of the state of Washington.

              (21) "Experimental fishery permit" means a permit issued by the director to allow the recipient to engage in an emerging commercial fishery.


              Sec. 21. RCW 75.08.014 and 1983 1st ex.s. c 46 s 6 are each amended to read as follows:

              The director ((of fisheries)) shall supervise the administration and operation of the department ((of fisheries)) and perform the duties prescribed by law. The director may appoint and employ necessary personnel. The director may delegate, in writing, to department personnel the duties and powers necessary for efficient operation and administration of the department.

              Only persons having general knowledge of the fisheries and wildlife resources and of the commercial and recreational fishing industry in this state are eligible for appointment as director. The director shall not have a financial interest in the fishing industry or a directly related industry.


              Sec. 22. RCW 75.08.035 and 1992 c 63 s 11 are each amended to read as follows:

              (1) The department ((of fisheries)) shall have the following powers and duties in carrying out its responsibilities for the senior environmental corps created under RCW 43.63A.247:

              Appoint a representative to the coordinating council;

              Develop project proposals;

              Administer project activities within the agency;

              Develop appropriate procedures for the use of volunteers;

              Provide project orientation, technical training, safety training, equipment, and supplies to carry out project activities;

              Maintain project records and provide project reports;

              Apply for and accept grants or contributions for corps approved projects; and

              With the approval of the council, enter into memoranda of understanding and cooperative agreements with federal, state, and local agencies to carry out corps approved projects.

              (2) The department shall not use corps volunteers to displace currently employed workers.


              Sec. 23. RCW 75.08.055 and 1987 c 506 s 94 are each amended to read as follows:

              (1) The director, ((and the director of wildlife)) with the concurrence of the fish and wildlife commission, may enter into agreements with and receive funds from the United States for the construction, maintenance, and operation of fish cultural stations, laboratories, and devices in the Columbia River basin for improvement of feeding and spawning conditions for fish, for the protection of migratory fish from irrigation projects and for facilitating free migration of fish over obstructions.

              (2) The director and the ((wildlife commission)) department may acquire by gift, purchase, lease, easement, or condemnation the use of lands where the construction or improvement is to be carried on by the United States.


              Sec. 24. RCW 75.08.400 and 1989 c 336 s 1 are each amended to read as follows:

              The legislature finds that:

              (1) The fishery resources of Washington are critical to the social and economic needs of the citizens of the state;

              (2) Salmon production is dependent on both wild and artificial production;

              (3) The department ((of fisheries)) is directed to enhance Washington's salmon runs; and

              (4) Full utilization of the state's salmon rearing facilities is necessary to enhance commercial and recreational fisheries.


              Sec. 25. RCW 75.10.010 and 1985 c 155 s 1 are each amended to read as follows:

              (1) Fisheries patrol officers and ex officio fisheries patrol officers within their respective jurisdictions, shall enforce this title, rules of the director, and other statutes as prescribed by the legislature.

              (2) When acting within the scope of subsection (1) of this section and when an offense occurs in the presence of the fisheries patrol officer who is not an ex officio fisheries patrol officer, the fisheries patrol officer may enforce all criminal laws of the state. The fisheries patrol officer must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a supplemental course in criminal law enforcement as approved by the department and the criminal justice training commission and provided by the department or the criminal justice training commission, prior to enforcing the criminal laws of the state.

              (3) Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by a fisheries patrol officer rests with the department ((of fisheries)) unless the fisheries patrol officer acts under the direction and control of another agency or unless the liability is otherwise assumed under a written agreement between the department ((of fisheries)) and another agency.

              (4) Fisheries patrol officers may serve and execute warrants and processes issued by the courts.


              Sec. 26. RCW 75.10.200 and 1990 c 144 s 3 are each amended to read as follows:

              Persons who violate this title or the rules of the director shall be subject to the following penalties:

              (1) The following violations are gross misdemeanors and are punishable under RCW 9.92.020:

              (a) Violating RCW 75.20.100; and

              (b) Violating department statutes that require fish screens, fish ladders, and other protective devices for fish.

              (2) The following violations are a class C felony and are punishable under RCW 9A.20.021(1)(c):

              (a) Discharging explosives in waters that contain adult salmon or sturgeon: PROVIDED, That lawful discharge of devices for the purpose of frightening or killing marine mammals or for the lawful removal of snags or for actions approved under RCW 75.20.100 or 75.12.070(2) are exempt from this subsection; and

              (b) To knowingly purchase food fish or shellfish with a wholesale value greater than two hundred fifty dollars that were taken by methods or during times not authorized by department ((of fisheries)) rules, or were taken by someone who does not have a valid commercial fishing license, a valid fish buyer's license, or a valid wholesale dealer's license, or were taken with fishing gear authorized for personal use.


              Sec. 27. RCW 75.12.040 and 1985 c 147 s 1 are each amended to read as follows:

              (1) It is unlawful to use, operate, or maintain a gill net which exceeds 250 fathoms in length or a drag seine in the waters of the Columbia river for catching salmon.

              (2) It is unlawful to construct, install, use, operate, or maintain within state waters a pound net, round haul net, lampara net, fish trap, fish wheel, scow fish wheel, set net, weir, or fixed appliance for catching salmon. The director may authorize the use of this gear for scientific investigations.

              (3) The department ((of fisheries)), in coordination with the Oregon department of fish and wildlife, shall adopt rules to regulate the use of monofilament in gill net webbing on the Columbia river.


              Sec. 28. RCW 75.20.005 and 1991 c 322 s 21 are each amended to read as follows:

              The department of ((fisheries, the department of)) fish and wildlife, the department of ecology, and the department of natural resources shall jointly develop an informational brochure that describes when permits and any other authorizations are required for flood damage prevention and reduction projects, and recommends ways to best proceed through the various regulatory permitting processes.


              Sec. 29. RCW 75.20.050 and 1988 c 36 s 32 are each amended to read as follows:

              It is the policy of this state that a flow of water sufficient to support game fish and food fish populations be maintained at all times in the streams of this state.

              The director of ecology shall give the director ((of fisheries and the director of wildlife)) notice of each application for a permit to divert or store water. The director ((of fisheries and director of wildlife have)) has thirty days after receiving the notice to state ((their)) his or her objections to the application. The permit shall not be issued until the thirty-day period has elapsed.

              The director of ecology may refuse to issue a permit if, in the opinion of the director ((of fisheries or director of wildlife)), issuing the permit might result in lowering the flow of water in a stream below the flow necessary to adequately support food fish and game fish populations in the stream.

              The provisions of this section shall in no way affect existing water rights.


              Sec. 30. RCW 75.20.100 and 1991 c 322 s 30 are each amended to read as follows:

              In the event that any person or government agency desires to construct any form of hydraulic project or perform other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, such person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure the written approval of the department ((of fisheries or the department of wildlife)) as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld. Except as provided in RCW 75.20.1001 and 75.20.1002, the department ((of fisheries or the department of wildlife)) shall grant or deny approval within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section. The applicant may document receipt of application by filing in person or by registered mail. A complete application for approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within the mean higher high water line in salt water or within the ordinary high water line in fresh water, and complete plans and specifications for the proper protection of fish life. The forty-five day requirement shall be suspended if (1) after ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project; (2) the site is physically inaccessible for inspection; or (3) the applicant requests delay. Immediately upon determination that the forty-five day period is suspended, the department ((of fisheries or the department of wildlife)) shall notify the applicant in writing of the reasons for the delay. Approval is valid for a period of up to five years from date of issuance. The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If ((either)) the department ((of fisheries or the department of wildlife)) denies approval, ((that)) the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Chapter 34.05 RCW applies to any denial of project approval, conditional approval, or requirements for project modification upon which approval may be contingent. If any person or government agency commences construction on any hydraulic works or projects subject to this section without first having obtained written approval of the department ((of fisheries or the department of wildlife)) as to the adequacy of the means proposed for the protection of fish life, or if any person or government agency fails to follow or carry out any of the requirements or conditions as are made a part of such approval, the person or director of the agency is guilty of a gross misdemeanor. If any such person or government agency is convicted of violating any of the provisions of this section and continues construction on any such works or projects without fully complying with the provisions hereof, such works or projects are hereby declared a public nuisance and shall be subject to abatement as such.

              For the purposes of this section and RCW 75.20.103, "bed" shall mean the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.

              The phrase "to construct any form of hydraulic project or perform other work" shall not include the act of driving across an established ford. Driving across streams or on wetted stream beds at areas other than established fords requires approval. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires approval.

              ((For each application, the department of fisheries and the department of wildlife shall mutually agree on whether the department of fisheries or the department of wildlife shall administer the provisions of this section, in order to avoid duplication of effort. The department designated to act shall cooperate with the other department in order to protect all species of fish life found at the project site. If the department of fisheries or the department of wildlife receives an application concerning a site not in its jurisdiction, it shall transmit the application to the other department within three days and notify the applicant.))

              In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department ((of fisheries or department of wildlife)), through ((their)) its authorized representatives, shall issue immediately upon request oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval shall be reduced to writing within thirty days and complied with as provided for in this section. Oral approval shall be granted immediately upon request, for a stream crossing during an emergency situation.

              This section shall not apply to the construction of any form of hydraulic project or other work which diverts water for agricultural irrigation or stock watering purposes authorized under or recognized as being valid by the state's water codes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020. These irrigation or stock watering diversion and streambank stabilization projects shall be governed by RCW 75.20.103.


              Sec. 31. RCW 75.20.1001 and 1991 c 322 s 12 are each amended to read as follows:

              The department ((of fisheries and the department of wildlife)) shall process hydraulic project applications submitted under RCW 75.20.100 or 75.20.103 within thirty days of receipt of the application. This requirement is only applicable for the repair and reconstruction of legally constructed dikes, seawalls, and other flood control structures damaged as a result of flooding or windstorms that occurred in November and December 1990.


              Sec. 32. RCW 75.20.103 and 1991 c 322 s 31 are each amended to read as follows:

              In the event that any person or government agency desires to construct any form of hydraulic project or other work that diverts water for agricultural irrigation or stock watering purposes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020, and when such diversion or streambank stabilization will use, divert, obstruct, or change the natural flow or bed of any river or stream or will utilize any waters of the state or materials from the stream beds, the person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure a written approval from the department ((of fisheries or the department of wildlife)) as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld. Except as provided in RCW 75.20.1001 and 75.20.1002, the department ((of fisheries or the department of wildlife)) shall grant or deny the approval within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section. The applicant may document receipt of application by filing in person or by registered mail. A complete application for an approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within ordinary high water line, and complete plans and specifications for the proper protection of fish life. The forty-five day requirement shall be suspended if (1) after ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project; (2) the site is physically inaccessible for inspection; or (3) the applicant requests delay.

              Immediately upon determination that the forty-five day period is suspended, the department ((of fisheries or the department of wildlife)) shall notify the applicant in writing of the reasons for the delay.

              An approval shall remain in effect without need for periodic renewal for projects that divert water for agricultural irrigation or stock watering purposes and that involve seasonal construction or other work. Approval for streambank stabilization projects shall remain in effect without need for periodic renewal if the problem causing the need for the streambank stabilization occurs on an annual or more frequent basis. The permittee must notify the appropriate agency before commencing the construction or other work within the area covered by the approval.

              The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If ((either)) the department ((of fisheries or the department of wildlife)) denies approval, ((that)) the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Issuance, denial, conditioning, or modification shall be appealable to the hydraulic appeals board established in RCW 43.21B.005 within thirty days of the notice of decision. The burden shall be upon the department ((of fisheries or the department of wildlife)) to show that the denial or conditioning of an approval is solely aimed at the protection of fish life.

              The department ((granting approval)) may, after consultation with the permittee, modify an approval due to changed conditions. The modifications shall become effective unless appealed to the hydraulic appeals board within thirty days from the notice of the proposed modification. The burden is on the department ((issuing the approval)) to show that changed conditions warrant the modification in order to protect fish life.

              A permittee may request modification of an approval due to changed conditions. The request shall be processed within forty-five calendar days of receipt of the written request. A decision by the department ((that issued the approval)) may be appealed to the hydraulic appeals board within thirty days of the notice of the decision. The burden is on the permittee to show that changed conditions warrant the requested modification and that such modification will not impair fish life.

              If any person or government agency commences construction on any hydraulic works or projects subject to this section without first having obtained written approval of the department ((of fisheries or the department of wildlife)) as to the adequacy of the means proposed for the protection of fish life, or if any person or government agency fails to follow or carry out any of the requirements or conditions as are made a part of such approval, the person or director of the agency is guilty of a gross misdemeanor. If any such person or government agency is convicted of violating any of the provisions of this section and continues construction on any such works or projects without fully complying with the provisions hereof, such works or projects are hereby declared a public nuisance and shall be subject to abatement as such.

              ((For each application, the department of fisheries and the department of wildlife shall mutually agree on whether the department of fisheries or the department of wildlife shall administer the provisions of this section, in order to avoid duplication of effort. The department designated to act shall cooperate with the other department in order to protect all species of fish life found at the project site. If the department of fisheries or the department of wildlife receives an application concerning a site not in its jurisdiction, it shall transmit the application to the other department within three days and notify the applicant.))

              In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department ((of fisheries or department of wildlife)), through ((their)) its authorized representatives, shall issue immediately upon request oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval shall be reduced to writing within thirty days and complied with as provided for in this section.

              For purposes of this chapter, "streambank stabilization" shall include but not be limited to log and debris removal, bank protection (including riprap, jetties, and groins), gravel removal and erosion control.


              Sec. 33. RCW 75.20.104 and 1991 c 322 s 18 are each amended to read as follows:

              Whenever the placement of woody debris is required as a condition of a hydraulic permit approval issued pursuant to RCW 75.20.100 or 75.20.103, the department ((of fisheries and the department of wildlife)), upon request, shall invite comment regarding that placement from the local governmental authority, affected tribes, affected federal and state agencies, and the project applicant.


              Sec. 34. RCW 75.20.1041 and 1991 c 322 s 19 are each amended to read as follows:

              The department ((of fisheries, the department of wildlife,)) and the department of ecology will work cooperatively with the United States army corps of engineers to develop a memorandum of agreement outlining dike vegetation management guidelines so that dike owners are eligible for coverage under P.L. 84-99, and state requirements established pursuant to RCW 75.20.100 and 75.20.103 are met.


              Sec. 35. RCW 75.20.106 and 1988 c 36 s 35 are each amended to read as follows:

              The department ((of fisheries and the department of wildlife)) may ((each)) levy civil penalties of up to one hundred dollars per day for violation of any provisions of RCW 75.20.100 or 75.20.103. The penalty provided shall be imposed by notice in writing, either by certified mail or personal service to the person incurring the penalty, from the director ((of the appropriate department)) or ((that)) the director's designee describing the violation. Any person incurring any penalty under this chapter may appeal the same under chapter 34.05 RCW to the director ((of the department levying the penalty)). Appeals shall be filed within thirty days of receipt of notice imposing any penalty. The penalty imposed shall become due and payable thirty days after receipt of a notice imposing the penalty unless an appeal is filed. Whenever an appeal of any penalty incurred under this chapter is filed, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part.

              If the amount of any penalty is not paid within thirty days after it becomes due and payable the attorney general, upon the request of the director ((of the department of fisheries or the department of wildlife)) shall bring an action in the name of the state of Washington in the superior court of Thurston county or of any county in which such violator may do business, to recover such penalty. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action. All penalties recovered under this section shall be paid into the state's general fund.


              Sec. 36. RCW 75.20.110 and 1988 c 36 s 36 are each amended to read as follows:

              (1) Except for the north fork of the Lewis river and the White Salmon river, all streams and rivers tributary to the Columbia river downstream from McNary dam are established as an anadromous fish sanctuary. This sanctuary is created to preserve and develop the food fish and game fish resources in these streams and rivers and to protect them against undue industrial encroachment.

              (2) Within the sanctuary area:

              (a) It is unlawful to construct a dam greater than twenty-five feet high within the migration range of anadromous fish as ((jointly)) determined by the director ((of fisheries and the director of wildlife)).

              (b) Except by ((concurrent)) order of the director ((of fisheries and director of wildlife)), it is unlawful to divert water from rivers and streams in quantities that will reduce the respective stream flow below the annual average low flow, based upon data published in United States geological survey reports.

              (3) The director ((of fisheries and the director of wildlife)) may acquire and abate a dam or other obstruction, or acquire any water right vested on a sanctuary stream or river, which is in conflict with the provisions of subsection (2) of this section.

              (4) Subsection (2)(a) of this section does not apply to the sediment retention structure to be built on the North Fork Toutle river by the United States army corps of engineers.


              Sec. 37. RCW 75.20.130 and 1989 c 175 s 160 are each amended to read as follows:

              (1) There is hereby created within the environmental hearings office under RCW 43.21B.005 the hydraulic appeals board of the state of Washington.

              (2) The hydraulic appeals board shall consist of three members: The director of the department of ecology or the director's designee, the director of the department of agriculture or the director's designee, and the director or the director's designee of the department whose action is appealed under subsection (6) of this section. A decision must be agreed to by at least two members of the board to be final.

              (3) The board may adopt rules necessary for the conduct of its powers and duties or for transacting other official business.

              (4) The board shall make findings of fact and prepare a written decision in each case decided by it, and that finding and decision shall be effective upon being signed by two or more board members and upon being filed at the hydraulic appeals board's principal office, and shall be open to public inspection at all reasonable times.

              (5) The board has exclusive jurisdiction to hear appeals arising from the approval, denial, conditioning, or modification of a hydraulic approval issued by ((either)) the department ((of fisheries or the department of wildlife)) under the authority granted in RCW 75.20.103 for the diversion of water for agricultural irrigation or stock watering purposes or when associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020.

              (6)(a) Any person aggrieved by the approval, denial, conditioning, or modification of a hydraulic approval pursuant to RCW 75.20.103 may seek review from the board by filing a request for the same within thirty days of notice of the approval, denial, conditioning, or modification of such approval.

              (b) The review proceedings authorized in (a) of this subsection are subject to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings.


              Sec. 38. RCW 75.20.300 and 1989 c 213 s 3 are each amended to read as follows:

              (1) The legislature intends to expedite flood-control, acquisition of sites for sediment retention, and dredging operations in those rivers affected by the May 1980 eruption of Mt. St. Helens, while continuing to protect the fish resources of these rivers.

              (2) The director ((of fisheries and director of wildlife)) shall process hydraulic project applications submitted under RCW 75.20.100 within fifteen working days of receipt of the application. This requirement is only applicable to flood control and dredging projects located in the Cowlitz river from mile 22 to the confluence with the Columbia, and in the Toutle river from the mouth to the North Fork Toutle sediment dam site at North Fork mile 12, and to river mile 3 on the South Fork Toutle river, and volcano-affected areas of the Columbia river.

              (3) For the purposes of this section, the emergency provisions of RCW 75.20.100 may be initiated by the county legislative authority if the project is necessary to protect human life or property from flood hazards, including:

              (a) Flood fight measures necessary to provide protection during a flood event; or

              (b) Measures necessary to reduce or eliminate a potential flood threat when other alternative measures are not available or cannot be completed prior to the expected flood threat season; or

              (c) Measures which must be initiated and completed within an immediate period of time and for which processing of the request through normal methods would cause a delay to the project and such delay would significantly increase the potential for damages from a flood event.

              (4) This section does not apply to the sediment retention structure to be built on the North Fork Toutle river by the United States army corps of engineers.

              (5) This section expires on June 30, 1995.


              Sec. 39. RCW 75.20.310 and 1988 c 36 s 39 are each amended to read as follows:

              The legislature recognizes the need to mitigate the effects of sedimentary build-up and resultant damage to fish population in the Toutle river resulting from the Mt. St. Helens eruption. The state has entered into a contractual agreement with the United States army corps of engineers designed to minimize fish habitat disruption created by the sediment retention structure on the Toutle river, under which the corps has agreed to construct a fish collection facility at the sediment retention structure site conditional upon the state assuming the maintenance and operation costs of the facility. The department ((of wildlife and the department of fisheries)) shall ((cooperatively)) operate and maintain a fish collection facility on the Toutle river. ((Each agency shall share in the cost of operating and maintaining the facility.))


              Sec. 40. RCW 75.24.065 and 1985 c 256 s 2 are each amended to read as follows:

              The legislature finds that current environmental and economic conditions warrant a renewal of the state's historical practice of actively cultivating and managing its oyster reserves in Puget Sound to produce the state's native oyster, the Olympia oyster. The department ((of fisheries)) shall reestablish dike cultivated production of Olympia oysters on such reserves on a trial basis as a tool for planning more comprehensive cultivation by the state.


              Sec. 41. RCW 75.25.005 and 1989 c 305 s 1 are each amended to read as follows:

              The following recreational fishing licenses are administered and issued by the department ((of fisheries)) under authority of the director ((of fisheries)):

              (1) Hood Canal shrimp license;

              (2) Razor clam license;

              (3) Personal use fishing license;

              (4) Salmon license; and

              (5) Sturgeon license.


              Sec. 42. RCW 75.25.080 and 1989 c 305 s 4 are each amended to read as follows:

              (1) It is lawful to dig the personal-use daily bag limit of razor clams for another person if that person has in possession a physical disability permit issued by the director.

              (2) An application for a physical disability permit must be submitted on a department ((of fisheries)) official form and must be accompanied by a licensed medical doctor's certification of disability.


              Sec. 43. RCW 75.25.170 and 1989 c 305 s 16 are each amended to read as follows:

              Fees received for recreational licenses required under this chapter shall be deposited in the general fund and shall be appropriated for management, enhancement, research, and enforcement purposes of the shellfish, salmon, and marine fish programs of the department ((of fisheries)).


              Sec. 44. RCW 75.25.180 and 1989 c 305 s 14 are each amended to read as follows:

              Recreational licenses issued by the department ((of fisheries)) under this chapter are valid for the following periods:

              (1) Recreational licenses issued without charge to persons designated by this chapter are valid:

              (a) For life for blind persons;

              (b) For the period of continued state residency for qualified disabled veterans;

              (c) For the period of continued state residency for persons sixty-five years of age or more;

              (d) For the period of the disability for persons with a developmental disability;

              (e) For life for handicapped persons confined to a wheelchair who have been issued a permanent disability card; and

              (f) Until a child reaches fifteen years of age.

              (2) Two-consecutive-day personal use licenses expire at midnight on the day following the validation date written on the license by the license dealer, except two-consecutive-day personal use licenses validated for December 31 expire at midnight on that date.

              (3) An annual salmon license is valid for a maximum catch of fifteen salmon, after which another salmon license may be purchased. A salmon license is valid only for the calendar year for which it is issued.

              (4) An annual sturgeon license is valid for a maximum catch of fifteen sturgeon. A sturgeon license is valid only for the calendar year for which it is issued.

              (5) All other recreational licenses are valid for the calendar year for which they are issued.


              Sec. 45. RCW 75.50.010 and 1985 c 458 s 1 are each amended to read as follows:

              Currently, many of the salmon stocks of Washington state are critically reduced from their sustainable level. The best interests of all fishing groups and the citizens as a whole are served by a stable and productive salmon resource. Immediate action is needed to reverse the severe decline of the resource and to insure its very survival. The legislature finds a state of emergency exists and that immediate action is required to restore its fishery.

              Disagreement and strife have dominated the salmon fisheries for many years. Conflicts among the various fishing interests have only served to erode the resource. It is time for the state of Washington to make a major commitment to increasing productivity of the resource and to move forward with an effective rehabilitation and enhancement program. The department ((of fisheries)) is directed to dedicate its efforts to make increasing the productivity of the salmon resource a first priority and to seek resolution to the many conflicts that involve the resource.

              Success of the enhancement program can only occur if projects efficiently produce salmon or restore habitat. The expectation of the program is to optimize the efficient use of funding on projects that will increase artificially and naturally produced salmon, restore and improve habitat, or identify ways to increase the survival of salmon. The full utilization of state resources and cooperative efforts with interested groups are essential to the success of the program.


              Sec. 46. RCW 75.50.070 and 1989 c 426 s 1 are each amended to read as follows:

              The legislature finds that it is in the best interest of the salmon resource of the state to encourage the development of regional fisheries enhancement groups. The accomplishments of one existing group, the Grays Harbor fisheries enhancement task force, have been widely recognized as being exemplary. The legislature recognizes the potential benefits to the state that would occur if each region of the state had a similar group of dedicated citizens working to enhance the salmon resource.

              The legislature authorizes the formation of regional fisheries enhancement groups. These groups shall be eligible for state financial support and shall be actively supported by the department ((of fisheries)). The regional groups shall be operated on a strictly nonprofit basis, and shall seek to maximize the efforts of volunteer and private donations to improve the salmon resource for all citizens of the state.


              Sec. 47. RCW 75.50.080 and 1989 c 426 s 4 are each amended to read as follows:

              Regional fisheries enhancement groups, consistent with the long-term regional policy statements developed under RCW 75.50.020, shall seek to:

              (1) Enhance the salmon resource of the state;

              (2) Maximize volunteer efforts and private donations to improve the salmon resource for all citizens;

              (3) Assist the department in achieving the goal to double the state-wide salmon catch by the year 2000 under chapter 214, Laws of 1988; and

              (4) Develop projects designed to supplement the fishery enhancement capability of the department ((of fisheries)).


              Sec. 48. RCW 75.50.130 and 1992 c 88 s 1 are each amended to read as follows:

              The director ((of fisheries)) shall prepare a salmon recovery plan for the Skagit river. The plan shall include strategies for employing displaced timber workers to conduct salmon restoration and other tasks identified in the plan. The plan shall incorporate the best available technology in order to achieve maximum restoration of depressed salmon stocks. The plan must encourage the restoration of natural spawning areas and natural rearing of salmon but must not preclude the development of an active hatchery program.


              Sec. 49. RCW 75.52.010 and 1988 c 36 s 41 are each amended to read as follows:

              The fish and ((game)) wildlife resources of the state benefit by the contribution of volunteer recreational and commercial fishing organizations, schools, and other volunteer groups in cooperative projects under agreement with the department ((of fisheries or the department of wildlife)). These projects provide educational opportunities, improve the communication between the natural resources agencies and the public, and increase the fish and game resources of the state. In an effort to increase these benefits and realize the full potential of cooperative projects, the department ((of fisheries and the department of wildlife each)) shall administer a cooperative fish and wildlife enhancement program and enter agreements with volunteer groups relating to the operation of cooperative projects.


              Sec. 50. RCW 75.52.020 and 1988 c 36 s 42 are each amended to read as follows:

              Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

              (1) "Volunteer group" means any person or group of persons interested in or party to an agreement with the department ((of fisheries or the department of wildlife)) relating to a cooperative fish or ((game)) wildlife project.

              (2) "Cooperative project" means a project conducted by a volunteer group that will benefit the fish, shellfish, game bird, nongame wildlife, or game animal resources of the state and for which the benefits of the project, including fish and ((game)) wildlife reared and released, are available to all citizens of the state. Indian tribes may elect to participate in cooperative fish and wildlife projects with the department.

              (3) "Department" means ((either)) the department of ((fisheries or the department of)) fish and wildlife((, whichever is responsible for managing the species of fish or game most affected by the cooperative project)).


              Sec. 51. RCW 75.52.035 and 1987 c 48 s 1 are each amended to read as follows:

              The department ((of fisheries)) may authorize the sale of surplus salmon eggs and carcasses by permitted cooperative projects for the purposes of defraying the expenses of the cooperative project. In no instance shall the department allow a profit to be realized through such sales. The department shall adopt rules to implement this section pursuant to chapter 34.05 RCW.


              Sec. 52. RCW 75.52.100 and 1989 c 85 s 3 are each amended to read as follows:

              A salmon spawning channel shall be constructed on the Cedar river with the assistance and cooperation of the ((state)) department ((of fisheries)). The department shall use existing personnel and the volunteer fisheries enhancement program outlined under chapter 75.52 RCW to assist in the planning, construction, and operation of the spawning channel.


              Sec. 53. RCW 75.52.110 and 1989 c 85 s 4 are each amended to read as follows:

              The department ((of fisheries)) shall chair a technical committee, which shall review the preparation of enhancement plans and construction designs for a Cedar river sockeye spawning channel. The technical committee shall consist of not more than eight members: One representative each from the department ((of fisheries)), national marine fisheries service, United States fish and wildlife service, and Muckleshoot Indian tribe; and four representatives from the public utility described in RCW 75.52.130. The technical committee will be guided by a policy committee, also to be chaired by the department ((of fisheries)), which shall consist of not more than six members: One representative from the department ((of fisheries)), one from the Muckleshoot Indian tribe, and one from either the national marine fisheries service or the United States fish and wildlife service; and three representatives from the public utility described in RCW 75.52.130. The policy committee shall present a progress report to the senate and house of representatives natural resources and environment committees by January 1, 1990, and shall oversee the operation and evaluation of the spawning channel. The policy committee will continue its oversight until the policy committee concludes that the channel is meeting the production goals specified in RCW 75.52.120.


              Sec. 54. RCW 75.52.160 and 1989 c 85 s 10 are each amended to read as follows:

              Should the requirements of RCW 75.52.100 through 75.52.160 not be met, the department ((of fisheries)) shall seek immediate legal clarification of the steps which must be taken to fully mitigate water diversion projects on the Cedar river.


              Sec. 55. RCW 75.58.010 and 1988 c 36 s 43 are each amended to read as follows:

              (1) The director of agriculture and the director ((of fisheries)) shall jointly develop a program of disease inspection and control for aquatic farmers as defined in RCW 15.85.020. The program shall be administered by the department ((of fisheries)) under rules established under this section. The purpose of the program is to protect the aquaculture industry and wildstock fisheries from a loss of productivity due to aquatic diseases or maladies. As used in this section "diseases" means, in addition to its ordinary meaning, infestations of parasites or pests. The disease program may include, but is not limited to, the following elements:

              (a) Disease diagnosis;

              (b) Import and transfer requirements;

              (c) Provision for certification of stocks;

              (d) Classification of diseases by severity;

              (e) Provision for treatment of selected high-risk diseases;

              (f) Provision for containment and eradication of high-risk diseases;

              (g) Provision for destruction of diseased cultured aquatic products;

              (h) Provision for quarantine of diseased cultured aquatic products;

              (i) Provision for coordination with state and federal agencies;

              (j) Provision for development of preventative or control measures;

              (k) Provision for cooperative consultation service to aquatic farmers; and

              (l) Provision for disease history records.

              (2) The director ((of fisheries)) shall adopt rules implementing this section. However, such rules shall have the prior approval of the director of agriculture and shall provide therein that the director of agriculture has provided such approval. The director of agriculture or the director's designee shall attend the rule-making hearings conducted under chapter 34.05 RCW and shall assist in conducting those hearings. The authorities granted the department ((of fisheries)) by these rules and by RCW 75.08.080(1)(g), 75.24.080, 75.24.110, 75.28.125, 75.58.020, 75.58.030, and 75.58.040 constitute the only authorities of the department ((of fisheries)) to regulate private sector cultured aquatic products and aquatic farmers as defined in RCW 15.85.020. Except as provided in subsection (3) of this section, no action may be taken against any person to enforce these rules unless the department has first provided the person an opportunity for a hearing. In such a case, if the hearing is requested, no enforcement action may be taken before the conclusion of that hearing.

              (3) The rules adopted under this section shall specify the emergency enforcement actions that may be taken by the department ((of fisheries)), and the circumstances under which they may be taken, without first providing the affected party with an opportunity for a hearing. Neither the provisions of this subsection nor the provisions of subsection (2) of this section shall preclude the department ((of fisheries)) from requesting the initiation of criminal proceedings for violations of the disease inspection and control rules.

              (4) It is unlawful for any person to violate the rules adopted under subsection (2) or (3) of this section or to violate RCW 75.58.040.

              (5) In administering the program established under this section, the department ((of fisheries)) shall use the services of a pathologist licensed to practice veterinary medicine.

              (6) The director in administering the program shall not place constraints on or take enforcement actions in respect to the aquaculture industry that are more rigorous than those placed on the department ((of fisheries, the department of wildlife,)) or other fish-rearing entities.


              Sec. 56. RCW 75.58.020 and 1985 c 457 s 9 are each amended to read as follows:

              The directors of agriculture and ((fisheries)) fish and wildlife shall jointly adopt by rule, in the manner prescribed in RCW 75.58.010(2), a schedule of user fees for the disease inspection and control program established under RCW 75.58.010. The fees shall be established such that the program shall be entirely funded by revenues derived from the user fees by the beginning of the 1987-89 biennium.

              There is established in the state treasury an account known as the aquaculture disease control account which is subject to appropriation. Proceeds of fees charged under this section shall be deposited in the account. Moneys from the account shall be used solely for administering the disease inspection and control program established under RCW 75.58.010.


              Sec. 57. RCW 75.58.030 and 1988 c 36 s 44 are each amended to read as follows:

              (1) The director ((of fisheries)) shall consult regarding the disease inspection and control program established under RCW 75.58.010 with ((the department of wildlife,)) federal agencies((,)) and Indian tribes to assure protection of state, federal, and tribal aquatic resources and to protect private sector cultured aquatic products from disease that could originate from waters or facilities managed by those agencies.

              (2) With regard to the program, the director ((of fisheries)) may enter into contracts or interagency agreements for diagnostic field services with government agencies and institutions of higher education and private industry.

              (3) The director ((of fisheries)) shall provide for the creation and distribution of a roster of biologists having a specialty in the diagnosis or treatment of diseases of fish or shellfish. The director shall adopt rules specifying the qualifications which a person must have in order to be placed on the roster.


              Sec. 58. RCW 75.58.040 and 1988 c 36 s 45 are each amended to read as follows:

              All aquatic farmers as defined in RCW 15.85.020 shall register with the department ((of fisheries)). The director shall develop and maintain a registration list of all aquaculture farms. Registered aquaculture farms shall provide the department production statistical data. The state veterinarian ((and the department of wildlife)) shall be provided with registration and statistical data by the department.


              Sec. 59. RCW 77.04.020 and 1987 c 506 s 4 are each amended to read as follows:

              The department ((of wildlife)) consists of the state fish and wildlife commission and the director ((of wildlife)). The director is responsible for the administration and operation of the department, subject to the provisions of this title. The commission may delegate to the director additional duties and powers necessary and appropriate to carry out this title. The director shall perform the duties prescribed by law and shall carry out the basic goals and objectives prescribed pursuant to RCW 77.04.055.


              Sec. 60. RCW 77.04.030 and 1987 c 506 s 5 are each amended to read as follows:

              The state fish and wildlife commission consists of ((six)) nine registered voters of the state. In January of each odd-numbered year, the governor shall appoint with the advice and consent of the senate two registered voters to the commission to serve for terms of six years from that January or until their successors are appointed and qualified. If a vacancy occurs on the commission prior to the expiration of a term, the governor shall appoint a registered voter within sixty days to complete the term. Three members shall be residents of that portion of the state lying east of the summit of the Cascade mountains, and three shall be residents of that portion of the state lying west of the summit of the Cascade mountains. Three additional members shall be appointed at-large effective July 1, 1993; one of whom shall serve a one and one-half year term to end December 31, 1994; one of whom shall serve a three and one-half year term to end December 31, 1996; and one of whom shall serve a five and one-half year term to end December 31, 1998. Thereafter all members are to serve a six-year term. No two members may be residents of the same county. The legal office of the commission is at the administrative office of the department in Olympia.


              Sec. 61. RCW 77.04.040 and 1987 c 506 s 6 are each amended to read as follows:

              Persons eligible for appointment as members of the commission shall have general knowledge of the habits and distribution of game fish and wildlife and shall not hold another state, county, or municipal elective or appointive office. In making these appointments, the governor shall seek to maintain a balance reflecting all aspects of game fish and wildlife. Persons eligible for appointment as wildlife commissioners shall not have a monetary interest in any private business that is involved with consumptive or nonconsumptive use of game fish or wildlife.


              Sec. 62. RCW 77.04.055 and 1990 c 84 s 2 are each amended to read as follows:

              (1) In addition to any other duties and responsibilities, the commission shall establish, and periodically review with the governor and the legislature, the department's basic goals and objectives to preserve, protect, and perpetuate game fish and wildlife, and game fish and wildlife habitat. The commission shall maximize hunting and fishing recreational opportunities.

              (2) The commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.


              Sec. 63. RCW 77.04.080 and 1987 c 506 s 9 are each amended to read as follows:

              Persons eligible for appointment by the governor as director shall have practical knowledge of the habits and distribution of fish and wildlife. The governor shall seek recommendations from the commission on the qualifications, skills, and experience necessary to discharge the duties of the position. When considering and selecting the director, the governor shall consult with and be advised by the commission. The director shall receive the salary fixed by the governor under RCW 43.03.040.

              The director is the ex officio secretary of the commission and shall attend its meetings and keep a record of its business.

              The director may appoint and employ necessary departmental personnel. The director may delegate to department personnel the duties and powers necessary for efficient operation and administration of the department. The department shall provide staff for the commission.


              Sec. 64. RCW 77.04.100 and 1985 c 208 s 2 are each amended to read as follows:

              The director((, in cooperation with the director of fisheries)) shall develop proposals to reinstate the natural salmon and steelhead trout fish runs in the Tilton and upper Cowlitz rivers in accordance with RCW 75.08.020(3).


              Sec. 65. RCW 77.08.010 and 1989 c 297 s 7 are each amended to read as follows:

              As used in this title or rules adopted pursuant to this title, unless the context clearly requires otherwise:

              (1) "Director" means the director of fish and wildlife.

              (2) "Department" means the department of fish and wildlife.

              (3) "Commission" means the state fish and wildlife commission.

              (4) "Person" means and includes an individual, a corporation, or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

              (5) "Wildlife agent" means a person appointed and commissioned by the director, with authority to enforce laws and rules adopted pursuant to this title, and other statutes as prescribed by the legislature.

              (6) "Ex officio wildlife agent" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio wildlife agent" includes fisheries patrol officers, special agents of the national marine fisheries ((commission)) service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

              (7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

              (8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

              (9) "To fish" and its derivatives means an effort to kill, injure, harass, or catch a game fish.

              (10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, or possession of game animals, game birds, or game fish. "Open season" includes the first and last days of the established time.

              (11) "Closed season" means all times, manners of taking, and places or waters other than those established as an open season.

              (12) "Closed area" means a place where the hunting of some species of wild animals or wild birds is prohibited.

              (13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing for game fish is prohibited.

              (14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

              (15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

              (16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, the family Muridae of the order Rodentia (old world rats and mice), or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director ((of fisheries)). The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

              (17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).

              (18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

              (19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

              (20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

              (21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

              (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

              (23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

              (24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

              (25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.

              (26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.

              (27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.


              Sec. 66. RCW 77.12.055 and 1988 c 36 s 50 are each amended to read as follows:

              (1) Jurisdiction and authority granted under RCW 77.12.060, 77.12.070, and 77.12.080 to the director, wildlife agents, and ex officio wildlife agents is limited to the laws and rules adopted pursuant to this title pertaining to wildlife or to the management, operation, maintenance, or use of or conduct on real property used, owned, leased, or controlled by the department and other statutes as prescribed by the legislature. However, when acting within the scope of these duties and when an offense occurs in the presence of the wildlife agent who is not an ex officio wildlife agent, the wildlife agent may enforce all criminal laws of the state. The wildlife agent must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a supplemental course in criminal law enforcement as approved by the department and the criminal justice training commission and provided by the department or the criminal justice training commission, prior to enforcing the criminal laws of the state.

              (2) Wildlife agents are peace officers.

              (3) Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by a wildlife agent rests with the department unless the wildlife agent acts under the direction and control of another agency or unless the liability is otherwise assumed under a written agreement between the department ((of wildlife)) and another agency.

              (4) Wildlife agents may serve and execute warrants and processes issued by the courts.


              Sec. 67. RCW 77.12.103 and 1989 c 314 s 3 are each amended to read as follows:

              (1) The burden of proof of any exemption or exception to seizure or forfeiture of personal property involved with wildlife offenses is upon the person claiming it.

              (2) An authorized state, county, or municipal officer may be subject to civil liability under RCW 77.12.101 for willful misconduct or gross negligence in the performance of his or her duties.

              (3) The director ((of wildlife)), the fish and wildlife commission, or the department ((of wildlife)) may be subject to civil liability for their willful or reckless misconduct in matters involving the seizure and forfeiture of personal property involved with wildlife offenses.


              Sec. 68. RCW 77.12.440 and 1987 c 506 s 47 are each amended to read as follows:

              The state assents to the act of congress entitled: "An Act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes," (64 Stat. 430; 16 U.S.C. Sec. 777). The department ((of wildlife and the department of fisheries)) shall establish, conduct, and maintain fish restoration and management projects, as defined in the act, and shall comply with the act and related rules adopted by the secretary of the interior.


              Sec. 69. RCW 77.12.710 and 1990 c 110 s 2 are each amended to read as follows:

              The legislature hereby directs the department ((of wildlife)) to determine the feasibility and cost of doubling the state-wide game fish production by the year 2000. The department shall seek to equalize the effort and investment expended on anadromous and resident game fish programs. The department ((of wildlife)) shall provide the legislature with a specific plan for legislative approval that will outline the feasibility of increasing game fish production by one hundred percent over current levels by the year 2000. The plan shall contain specific provisions to increase both hatchery and naturally spawning game fish to a level that will support the production goal established in this section consistent with ((wildlife commission)) department policies. Steelhead trout, searun cutthroat trout, resident trout, and warmwater fish producing areas of the state shall be included in the plan. The department ((of wildlife)) shall provide the plan to the house of representatives and senate ways and means, environment and natural resources, environmental affairs, fisheries and wildlife, and natural resources committees by December 31, 1990.

              The plan shall include the following critical elements:

              (1) Methods of determining current catch and production, and catch and production in the year 2000;

              (2) Methods of involving fishing groups, including Indian tribes, in a cooperative manner;

              (3) Methods for using low capital cost projects to produce game fish as inexpensively as possible;

              (4) Methods for renovating and modernizing all existing hatcheries and rearing ponds to maximize production capability;

              (5) Methods for increasing the productivity of natural spawning game fish;

              (6) Application of new technology to increase hatchery and natural productivity;

              (7) Analysis of the potential for private contractors to produce game fish for public fisheries;

              (8) Methods to optimize public volunteer efforts and cooperative projects for maximum efficiency;

              (9) Methods for development of trophy game fish fisheries;

              (10) Elements of coordination with the Pacific Northwest Power Council programs to ensure maximum Columbia river benefits;

              (11) The role that should be played by private consulting companies in developing and implementing the plan;

              (12) Coordination with federal fish and wildlife agencies, Indian tribes, and department ((of fisheries)) fish production programs;

              (13) Future needs for game fish predator control measures;

              (14) Development of disease control measures;

              (15) Methods for obtaining access to waters currently not available to anglers; and

              (16) Development of research programs to support game fish management and enhancement programs.

              The department ((of wildlife)), in cooperation with the department of revenue, shall assess various funding mechanisms and make recommendations to the legislature in the plan. The department ((of wildlife)), in cooperation with the department of trade and economic development, shall prepare an analysis of the economic benefits to the state that will occur when the game fish production is increased by one hundred percent in the year 2000.


              Sec. 70. RCW 77.12.730 and 1990 c 195 s 3 are each amended to read as follows:

              (1) A ten-member firearms range advisory committee is hereby created to provide advice and counsel to the interagency committee for outdoor recreation. The members shall be appointed by the director of the interagency committee for outdoor recreation from the following groups:

              (a) Law enforcement;

              (b) Washington military department;

              (c) Black powder shooting sports;

              (d) Rifle shooting sports;

              (e) Pistol shooting sports;

              (f) Shotgun shooting sports;

              (g) Archery shooting sports;

              (h) Hunter education;

              (i) Hunters; and

              (j) General public.

              (2) The firearms range advisory committee members shall serve two-year terms with five new members being selected each year beginning with the third year of the committee's existence. The firearms range advisory committee members shall not receive compensation from the firearms range account. However, travel and per diem costs shall be paid consistent with regulations for state employees.

              (3) The interagency committee for outdoor recreation shall provide administrative, operational, and logistical support for the firearms range advisory committee. Expenses directly incurred for supporting this program may be charged by the interagency committee for outdoor recreation against the firearms range account. Expenses shall not exceed ten percent of the yearly income for the range account.

              (4) The interagency committee for outdoor recreation shall in cooperation with the firearms range advisory committee:

              (a) Develop an application process;

              (b) Develop an audit and accountability program;

              (c) Screen, prioritize, and approve grant applications; and

              (d) Monitor compliance by grant recipients.

              (5) The department of natural resources, the department of fish and wildlife, and the Washington military department are encouraged to provide land, facilitate land exchanges, and support the development of shooting range facilities.


              Sec. 71. RCW 77.12.750 and 1992 c 63 s 13 are each amended to read as follows:

              (1) The department ((of wildlife)) shall have the following powers and duties in carrying out its responsibilities for the senior environmental corps created under RCW 43.63A.247:

              Appoint a representative to the coordinating council;

              Develop project proposals;

              Administer project activities within the agency;

              Develop appropriate procedures for the use of volunteers;

              Provide project orientation, technical training, safety training, equipment, and supplies to carry out project activities;

              Maintain project records and provide project reports;

              Apply for and accept grants or contributions for corps approved projects; and

              With the approval of the council, enter into memoranda of understanding and cooperative agreements with federal, state, and local agencies to carry out corps approved projects.

              (2) The department shall not use corps volunteers to displace currently employed workers.


              Sec. 72. RCW 77.16.060 and 1987 c 506 s 61 are each amended to read as follows:

              It is unlawful to lay, set, or use a net or other device capable of taking game fish in the waters of this state except as authorized by the commission or director ((of fisheries)). Game fish taken incidental to a lawful season established by the director ((of fisheries)) shall be returned immediately to the water.

              A landing net may be used to land fish otherwise legally hooked.


              Sec. 73. RCW 77.16.135 and 1991 c 211 s 1 are each amended to read as follows:

              (1) The director shall revoke all licenses and privileges extended under Title 77 RCW of a person convicted of assault on a state wildlife agent or other law enforcement officer provided that:

              (a) The wildlife agent or other law enforcement officer was on duty at the time of the assault; and

              (b) The wildlife agent or other law enforcement officer was enforcing the provisions of Title 77 RCW.

              (2) For the purposes of this section, the definition of assault includes:

              (a) RCW 9A.32.030; murder in the first degree;

              (b) RCW 9A.32.050; murder in the second degree;

              (c) RCW 9A.32.060; manslaughter in the first degree;

              (d) RCW 9A.32.070; manslaughter in the second degree;

              (e) RCW 9A.36.011; assault in the first degree;

              (f) RCW 9A.36.021; assault in the second degree; and

              (g) RCW 9A.36.031; assault in the third degree.

              (3) For the purposes of this section, a conviction includes:

              (a) A determination of guilt by the court;

              (b) The entering of a guilty plea to the charge or charges by the accused;

              (c) A forfeiture of bail or a vacation of bail posted to the court; or

              (d) The imposition of a deferred or suspended sentence by the court.

              (4) No license described under Title 77 RCW shall be reissued to a person violating this section for a minimum of ten years, at ((that [which])) which time a person may petition the director ((of wildlife)) for a reinstatement of his or her license or licenses. The ten-year period shall be tolled during any time the convicted person is incarcerated in any state or local correctional or penal institution, in community supervision, or home detention for an offense under this section. Upon review by the director, and if all provisions of the court that imposed sentencing have been completed, the director may reinstate in whole or in part the licenses and privileges under Title 77 RCW.


              Sec. 74. RCW 77.16.170 and 1988 c 36 s 51 are each amended to read as follows:

              It is unlawful to take a wild animal from another person's trap without permission, or to spring, pull up, damage, possess, or destroy the trap; however, it is not unlawful for a property owner, lessee, or tenant to remove a trap placed on the owner's, lessee's, or tenant's property by a trapper.

              Trappers shall attach to the chain of their traps or devices a legible metal tag with either the department ((of wildlife)) identification number of the trapper or the name and address of the trapper in English letters not less than one-eighth inch in height.

              When an individual presents a trapper identification number to the department ((of wildlife)) and requests identification of the trapper, the department ((of wildlife)) shall provide the individual with the name and address of the trapper. Prior to disclosure of the trapper's name and address, the department ((of wildlife)) shall obtain the name and address of the requesting individual in writing and after disclosing the trapper's name and address to the requesting individual, the requesting individual's name and address shall be disclosed in writing to the trapper whose name and address was disclosed.


              Sec. 75. RCW 77.18.010 and 1991 c 253 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 ((Washington)) department of fish and wildlife.

              (2) "Contract" means an agreement setting at a minimum, price, quantity of fish to be delivered, time of delivery, and fish health requirements.

              (3) "Fish health requirements" means those site specific fish health and genetic requirements actually used by the department of fish and wildlife in fish stocking.

              (4) "Aquatic farmer" means a private sector person who commercially farms and manages private sector cultured aquatic products on the person's own land or on land in which the person has a present right of possession.

              (5) "Person" means a natural person, corporation, trust, or other legal entity.


              Sec. 76. RCW 77.32.380 and 1991 sp.s. c 7 s 12 are each amended to read as follows:

              Persons sixteen years of age or older who use clearly identified department lands and access facilities are required to possess a conservation license or a hunting, fishing, trapping, or free license on their person while using the facilities. The fee for this license is ten dollars annually.

              The spouse, all children under eighteen years of age, and guests under eighteen years of age of the holder of a valid conservation license may use department lands and access facilities when accompanied by the license holder.

              Youth groups may use department lands and game access facilities without possessing a conservation license when accompanied by a license holder.

              The conservation license is nontransferable and must be validated by the signature of the holder. Upon request of a wildlife agent or ex officio wildlife agent a person using clearly identified department ((of wildlife)) lands shall exhibit the required license.


              NEW SECTION. Sec. 77. A new section is added to chapter 77.12 RCW to read as follows:

              Steelhead trout shall be managed solely as a recreational fishery for non-Indian fishermen under the rule-setting authority of the fish and wildlife commission.

              Commercial non-Indian steelhead fisheries are not authorized.


              NEW SECTION. Sec. 78. To aid and advise the department in the performance of its functions with regard to food fish and shellfish, a food fish and shellfish advisory council is created. The advisory council consists of six members appointed by the governor; four legislative ex officio nonvoting members, one appointed by each caucus in both the state senate and the house of representatives; and the director or his or her specifically appointed designee, who shall be the nonvoting chair. Of the members appointed by the governor, two shall represent non-Indian commercial fishers, two shall represent sports fishers, and two shall represent treaty Indian fishers. Of the treaty Indian fishers, one shall be selected from a list provided by the Washington state tribal coordinating body and one shall be selected from a list provided by the Columbia river tribal coordinating body defined in 16 U.S.C. Sec. 3302 (5) and (18).

              All members appointed by the governor shall serve terms of two years. Vacancies shall be filled in the same manner as original appointments.

              Members shall receive reimbursement through the department for travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060.


              NEW SECTION. Sec. 79. On July 1, 1994, the state treasurer shall follow the recommendations of the director of financial management on the disbursement of funds from the state wildlife fund to the department of fish and wildlife solely for the purposes of funding programs for wildlife and game fish. Funds from the state wildlife fund shall be used only for the department of fish and wildlife after June 30, 1994.


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

              (1) RCW 43.131.375 and 1991 c 253 s 5; and

              (2) RCW 43.131.376 and 1991 c 253 s 6.


              NEW SECTION. Sec. 81. Sections 1 through 6 and 78 of this act shall constitute a new chapter in Title 43 RCW.


              NEW SECTION. Sec. 82. Sections 1 through 6, 8 through 77, and 79 of this act shall take effect July 1, 1994.


              NEW SECTION. Sec. 83. The legislature finds that recreational fishing opportunities for salmon and marine bottomfish have been dwindling in recent years. It is important to restore diminished recreational fisheries and to enhance the salmon and marine bottomfish resource to assure sustained productivity. Investments made in recreational fishing programs will repay the people of the state many times over in increased economic activity and in an improved quality of life.


              NEW SECTION. Sec. 84. There is created a new position in the department subject to the civil service law, chapter 41.06 RCW, to be known as the sport fishing program administrator. The sport fishing program administrator shall be an advocate for increasing recreational salmon and marine bottomfish harvesting opportunities through programs specifically designed to improve recreational fishing in south Puget Sound, central Puget Sound, north Puget Sound, Hood Canal, and Lake Washington.


              NEW SECTION. Sec. 85. The duties of the sport fishing program administrator are to use resources within the department to: Develop a short-term program of hatchery-based salmon enhancement using freshwater pond sites for the final rearing phase; solicit support from cooperative projects, regional enhancement groups, and other supporting organizations; conduct comprehensive research on resident and migratory salmon production opportunities; and conduct research on marine bottomfish production limitations and on methods for artificial propagation of marine bottomfish.

              Long-term duties of the sport fishing program administrator are to: Fully implement enhancement efforts for Puget Sound and Hood Canal resident salmon and marine bottomfish; identify opportunities to reestablish salmon runs into areas where they no longer exist; encourage naturally spawning salmon populations to develop to their fullest extent; and fully utilize hatchery programs to improve recreational fishing.


              NEW SECTION. Sec. 86. The department shall seek recommendations from persons who are expert on the planning and operation of programs for enhancement of recreational fisheries. The department shall fully use the expertise of the University of Washington college of fisheries and the sea grant program to develop research and enhancement programs.


              NEW SECTION. Sec. 87. The department shall develop new locations for the freshwater rearing of delayed-release chinook salmon. In calendar year 1994, at least one freshwater pond chinook salmon rearing site shall be developed and begin production in each of the following areas: South Puget Sound, central Puget Sound, north Puget Sound, and Hood Canal. Natural or artificial pond sites shall be preferred to net pens due to higher survival rates experienced from pond rearing. Rigorous predatory bird control measures shall be implemented. The goal of the program is to increase the production and planting of delayed release chinook salmon to a level of three million fish annually by the year 2000.


              NEW SECTION. Sec. 88. The department shall conduct research, develop methods, and implement programs for the artificial rearing and release of marine bottomfish species. Lingcod, halibut, rockfish, and Pacific cod shall be the species of primary emphasis due to their importance in the recreational fishery.


              NEW SECTION. Sec. 89. The department shall undertake additional research to more fully evaluate improved enhancement techniques, hooking mortality rates, methods of mass marking, improvement of catch models, and sources of marine bottomfish mortality. Research shall be designed to give the best opportunity to provide information that can be applied to real-world recreational fishing needs.


              NEW SECTION. Sec. 90. The department shall work with the department of ecology, the department of wildlife, and local government entities to streamline the siting process for new enhancement projects. The department is encouraged to work with the legislature to develop statutory changes that enable expeditious processing and granting of permits for fish enhancement projects.


              NEW SECTION. Sec. 91. The department's information and education section shall develop a public awareness program designed to educate the public on the elements of the recreational fishing program and to recruit volunteers to assist the department in implementing recreational fishing projects. Economic benefits of the program shall be emphasized.


              NEW SECTION. Sec. 92. The department shall increase efforts to document the effects of bird predators, harbor seals, sea lions, and predatory fish upon the salmon and marine fish resource. Every opportunity shall be explored to convince the federal government to amend the marine mammal protection act to allow for lethal removal of predatory marine mammals, as well as to work with the United States fish and wildlife service to achieve workable control measures for predatory birds.


              NEW SECTION. Sec. 93. Indian tribal fishing interests and non-Indian commercial fishing groups shall be invited to participate in development of plans for selective fisheries that target hatchery-produced fish and minimize catch of naturally spawned fish. In addition, talks shall be initiated on the feasibility of altering the rearing programs of department hatcheries to achieve higher survival and greater production of chinook and coho salmon.


              NEW SECTION. Sec. 94. The department shall coordinate the sport fishing program with the wild stock initiative to assure that the two programs are compatible and potential conflicts are avoided.


              NEW SECTION. Sec. 95. The department shall develop plans for increased recreational access to salmon and marine fish resources. Proposals for new boat launching ramps and pier fishing access shall be developed.


              NEW SECTION. Sec. 96. The department shall contract with private consultants, aquatic farms, or construction firms, where appropriate, to achieve the highest benefit-to-cost ratio for recreational fishing projects.


              NEW SECTION. Sec. 97. The requirements and provisions of this chapter are to be performed in addition to and not at the expense of existing salmon programs of the department. Nothing in this chapter shall be construed to authorize the department to advocate or to improve recreational fishing at the expense of commercial fishing or to increase recreational enhancement to the detriment of commercial enhancement.


              NEW SECTION. Sec. 98. Beginning January 1, 1994, persons who recreationally fish for salmon or marine bottomfish in marine area codes 5 through 13 shall be assessed an annual recreational surcharge of ten dollars, in addition to other licensing requirements. Funds from the surcharge shall be deposited in the recreational fisheries enhancement account created in section 99 of this act, except that the first five hundred thousand dollars shall be deposited in the general fund before June 30, 1995, to repay the appropriation made by section 102, chapter . . . . ., Laws of 1993 (section 102 of this act).


              NEW SECTION. Sec. 99. The recreational fisheries enhancement account is created in the state treasury. All receipts from section 98 of this act shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for recreational fisheries enhancement programs.


              NEW SECTION. Sec. 100. The department shall develop and present to the legislature, no later than January 1, 1994, proposed legislation for a recreational fishing capital facilities improvement program financed through general obligation bonds.


              NEW SECTION. Sec. 101. Sections 84 through 99 of this act shall constitute a new chapter in Title 75 RCW.


              NEW SECTION. Sec. 102. The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the recreational fisheries enhancement account created in section 99 of this act for the purpose of achieving early implementation of this act. Funds appropriated by this section shall be repaid to the general fund from the proceeds of the surcharge established in section 98 of this act. Repayment shall occur before June 30, 1995.


              NEW SECTION. Sec. 103. Sections 83 through 102 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.


              NEW SECTION. Sec. 104. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

              On page 1, line 2 of the title, after "wildlife;" strike the remainder of the title and insert "amending RCW 41.06.070, 43.17.010, 43.17.020, 42.17.2401, 43.51.955, 75.08.014, 75.08.035, 75.08.055, 75.08.400, 75.10.010, 75.10.200, 75.12.040, 75.20.005, 75.20.050, 75.20.100, 75.20.1001, 75.20.103, 75.20.104, 75.20.1041, 75.20.106, 75.20.110, 75.20.130, 75.20.300, 75.20.310, 75.24.065, 75.25.005, 75.25.080, 75.25.170, 75.25.180, 75.50.010, 75.50.070, 75.50.080, 75.50.130, 75.52.010, 75.52.020, 75.52.035, 75.52.100, 75.52.110, 75.52.160, 75.58.010, 75.58.020, 75.58.030, 75.58.040, 77.04.020, 77.04.030, 77.04.040, 77.04.055, 77.04.080, 77.04.100, 77.08.010, 77.12.055, 77.12.103, 77.12.440, 77.12.710, 77.12.730, 77.12.750, 77.16.060, 77.16.135, 77.16.170, 77.18.010, and 77.32.380; reenacting and amending RCW 75.08.011; adding a new section to chapter 77.12 RCW; adding a new chapter to Title 43 RCW; adding a new chapter to Title 75 RCW; creating new sections; repealing RCW 43.131.375 and 43.131.376; making an appropriation; providing effective dates; and declaring an emergency."

and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


MOTION


              Representative Anderson moved that the House do not concur in the Senate amendments to Substitute House Bill No. 2055 and ask the Senate for a conference thereon.


              Representative Forner spoke in favor of the motion and it was carried.


APPOINTMENT OF CONFEREES


              The Speaker (Representative R. Meyers presiding) appointed Representatives Anderson, King and Reams as conferees on Substitute House Bill No. 2055.


RESOLUTION


              HOUSE RESOLUTION NO. 93-4654, by Representatives Carlson, Springer, H. Myers, Morris, Peery and Ogden


              WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and

              WHEREAS, The Clark College Debate and Speech Team has exhibited the highest level of excellence in winning the overall, or sweepstakes, competition at the 1993 National Community College Speech and Debate Championships held in Odessa, Texas, March 29 through April 2, 1993, its fourth consecutive national championship; and

              WHEREAS, The Clark College Debate and Speech Team won the 1993 National Community College Speech and Debate Championships by taking gold medals in Lincoln-Douglas debate, impromptu speaking, and persuasive speaking, silver medals in team debate, and bronze medals in extemporaneous speaking and informative speaking; and

              WHEREAS, Four members of the Clark College Debate and Speech Team returned to the championships from last year's team, when they were all national championship rookies; and

              WHEREAS, The Clark College Debate and Speech Team debated the topic of whether the United Nations should use force to protect human rights, rather than respect state sovereignty; and

              WHEREAS, The Clark College Debate and Speech Team coach, Orv Iverson, the team's coach and speech instructor since 1966, was awarded the prestigious Phi Rho Pi Distinguished Service Award, given to one coach each year by the National Organization for Community College Speech and Debate Programs; and

              WHEREAS, Jeff Markle, a returnee from last year's championship team, won a gold medal in Lincoln-Douglas debate, in which individuals, rather than teams, debate each other, a gold medal in impromptu speaking, and a silver medal in team debate; and

              WHEREAS, Jennifer Close, also a returnee from last year's championship team, won a gold medal in persuasive speaking and a silver medal in team debate; and

              WHEREAS, Kim Triplett and Beth Houston, both returnees from last year's championship team, each won a bronze medal in extemporaneous speaking; and

              WHEREAS, Bill Knight, the team's only rookie, won a bronze medal in informative speaking; and

              WHEREAS, These accomplishments could not have been achieved without the support and encouragement of the students, alumni, families, friends, and community members, who backed them all the way; and

              WHEREAS, The Clark College Debate and Speech Team coach, Orv Iverson, assistant coach, Roxanne Sutherland, and team members, Jeff Markle, Jennifer Close, Kim Triplett, Beth Houston, and Bill Knight, all share in the Clark College Debate and Speech Team's success by combining outstanding coaching with outstanding debating and speaking; and

              WHEREAS, The individual and team achievements of the 1993 Clark College Debate and Speech Team will always be remembered when commemorating their winning year, and are a source of great pride to all the citizens of the state of Washington;

              NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington honor the 1993 Clark College Debate and Speech Team; and

              BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to coach Orv Iverson, and Clark Community College President, Earl Johnson.


              Representative Carlson moved adoption of the resolution.


              Representatives Carlson and Ogden spoke in favor of the resolution.


              House Resolution No. 4654 was adopted.


SENATE AMENDMENTS TO HOUSE BILL


April 13, 1993


Mr. Speaker:

              The Senate has passed HOUSE BILL NO. 1074 with the following amendment:


              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 18.100.120 and 1982 c 35 s 169 are each amended to read as follows:

              Corporations organized pursuant to this chapter shall render professional service and exercise its authorized powers under a name permitted by law and the professional ethics of the profession in which the corporation is so engaged. ((In the event that the words "company", "corporation" or "incorporated" or any other word, abbreviation, affix or prefix indicating that it is a corporation shall be used, it shall be accompanied with the abbreviation "P.S." or "P.C." or the words "professional service".)) The corporate name of a professional service corporation must contain either the words "professional service" or "professional corporation" or the abbreviation "P.S." or "P.C." The corporate name may also contain either the words "corporation," "incorporated," "company," or "limited," or the abbreviation "corp.," "inc.," "co.," or "ltd." With the filing of its first annual report and any filings thereafter, professional service corporation shall list its then shareholders: PROVIDED, That notwithstanding the foregoing provisions of this section, the corporate name of a corporation organized to render dental services shall contain the full names or surnames of all shareholders and no other word than "chartered" or the words "professional services" or the abbreviation "P.S." or "P.C."


              Sec. 2. RCW 50.04.165 and 1991 c 72 s 57 are each amended to read as follows:

              (((1))) Services performed by ((corporate officers as defined in subsection (2) of this section, [other than those])) a person appointed as an officer of a corporation under RCW 23B.08.400, other than those covered by chapter 50.44 RCW, shall not be considered services in employment. However, a corporation may elect to cover not less than all of its corporate officers under RCW 50.24.160. If an employer does not elect to cover its corporate officers under RCW 50.24.160, the employer must notify its corporate officers in writing that they are ineligible for unemployment benefits. If the employer fails to notify any corporate officer, then that person shall not be considered to be a corporate officer for the purposes of this section.

              (((2) The officers of a corporation shall consist of a president, one or more vice presidents as may be prescribed by the bylaws, a secretary, and a treasurer.))


              Sec. 3. RCW 23B.14.300 and 1989 c 165 s 163 are each amended to read as follows:

              The superior courts may dissolve a corporation:

              (1) In a proceeding by the attorney general if it is established that:

              (a) The corporation obtained its articles of incorporation through fraud; or

              (b) The corporation has continued to exceed or abuse the authority conferred upon it by law;

              (2) In a proceeding by a shareholder if it is established that:

              (a) The directors are deadlocked in the management of the corporate affairs, the shareholders are unable to break the deadlock, and irreparable injury to the corporation is threatened or being suffered, or the business and affairs of the corporation can no longer be conducted to the advantage of the shareholders generally, because of the deadlock;

              (b) The directors or those in control of the corporation have acted, are acting, or will act in a manner that is illegal, oppressive, or fraudulent;

              (c) The shareholders are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired; ((or))

              (d) The corporate assets are being misapplied or wasted; or

              (e) The corporation has ceased all business activity and has failed, within a reasonable time, to dissolve, to liquidate its assets, or to distribute its remaining assets among its shareholders;

              (3) In a proceeding by a creditor if it is established that:

              (a) The creditor's claim has been reduced to judgment, the execution on the judgment was returned unsatisfied, and the corporation is insolvent; or

              (b) The corporation has admitted in writing that the creditor's claim is due and owing and the corporation is insolvent; or

              (4) In a proceeding by the corporation to have its voluntary dissolution continued under court supervision.


              NEW SECTION. Sec. 4. A new section is added to chapter 23B.07 RCW to read as follows:

              (1) An agreement among the shareholders of a corporation that complies with this section is effective among the shareholders and the corporation even though it is inconsistent with one or more other provisions of this title in that it:

              (a) Eliminates the board of directors or restricts the discretion or powers of the board of directors;

              (b) Governs the authorization or making of distributions whether or not in proportion to ownership of shares, subject to the limitations in RCW 23B.06.400;

              (c) Establishes who shall be directors or officers of the corporation, or their terms of office or manner of selection or removal;

              (d) Governs, in general or in regard to specific matters, the exercise or division of voting power by or between the shareholders and directors or by or among any of them, including use of weighted voting rights or director proxies;

              (e) Establishes the terms and conditions of any agreement for the transfer or use of property or the provision of services between the corporation and any shareholder, director, officer, or employee of the corporation or among any of them;

              (f) Transfers to one or more shareholders or other persons all or part of the authority to exercise the corporate powers or to manage the business and affairs of the corporation;

              (g) Resolves any issue about which there exists a deadlock among directors or shareholders;

              (h) Requires dissolution of the corporation at the request of one or more shareholders or upon the occurrence of a specified event or contingency; or

              (i) Otherwise governs the exercise of the corporate powers or the management of the business and affairs of the corporation or the relationship among the shareholders, the directors, and the corporation, or among any of them, and is not contrary to public policy.

              (2) An agreement authorized by this section shall be:

              (a) Set forth in a written agreement that is signed by all persons who are shareholders at the time of the agreement and is made known to the corporation;

              (b) Subject to amendment only by all persons who are shareholders at the time of the amendment, unless the agreement provides otherwise; and

              (c) Valid for ten years, unless the agreement provides otherwise.

              (3) The existence of an agreement authorized by this section shall be noted conspicuously on the front or back of each certificate for outstanding shares or on the information statement required by RCW 23B.06.260(2). If at the time of the agreement the corporation has shares outstanding represented by certificates, the corporation shall recall the outstanding certificates and issue substitute certificates that comply with this subsection. The failure to note the existence of the agreement on the certificate or information statement shall not affect the validity of the agreement or any action taken pursuant to it. Any purchaser of shares who, at the time of purchase, did not have knowledge of the existence of the agreement shall be entitled to rescission of the purchase. A purchaser shall be deemed to have knowledge of the existence of the agreement if its existence is noted on the certificate or information statement for the shares in compliance with this subsection and, if the shares are not represented by a certificate, the information statement is delivered to the purchaser at or prior to the time of purchase of the shares. An action to enforce the right of rescission authorized by this subsection must be commenced within the earlier of ninety days after discovery of the existence of the agreement or two years after the time of purchase of the shares.

              (4) An agreement authorized by this section shall cease to be effective when shares of the corporation are listed on a national securities exchange or regularly traded in a market maintained by one or more members of a national or affiliated securities association.

              (5) An agreement authorized by this section that limits the discretion or powers of the board of directors shall relieve the directors of, and impose upon the person or persons in whom such discretion or powers are vested, liability for acts or omissions imposed by law on directors to the extent that the discretion or powers of the directors are limited by the agreement.

              (6) The existence or performance of an agreement authorized by this section shall not be a ground for imposing personal liability on any shareholder for the acts or debts of the corporation even if the agreement or its performance treats the corporation as if it were a partnership or results in failure to observe the corporate formalities otherwise applicable to the matters governed by the agreement.

              (7) Incorporators or subscribers for shares may act as shareholders with respect to an agreement authorized by this section if no shares have been issued when the agreement is made.


              Sec. 5. RCW 23B.16.220 and 1991 c 72 s 41 are each amended to read as follows:

              (1) Each domestic corporation, and each foreign corporation authorized to transact business in this state, shall deliver to the secretary of state for filing initial and annual reports that set forth:

              (a) The name of the corporation and the state or country under whose law it is incorporated;

              (b) The street address of its registered office and the name of its registered agent at that office in this state;

              (c) In the case of a foreign corporation, the address of its principal office in the state or country under the laws of which it is incorporated;

              (d) The address of the principal place of business of the corporation in this state;

              (e) The names and addresses of its directors, if the corporation has dispensed with or limited the authority of its board of directors pursuant to RCW 23B.08.010, in an agreement authorized under section 4 of this act, or analogous authority, the names and addresses of persons who will perform some or all of the duties of the board of directors;

              (f) A brief description of the nature of its business; and

              (g) The names and addresses of its chairperson of the board of directors, if any, president, secretary, and treasurer, or of individuals, however designated, performing the functions of such officers.

              (2) Information in an initial report or an annual report must be current as of the date the report is executed on behalf of the corporation.

              (3) A corporation's initial report must be delivered to the secretary of state within one hundred twenty days of the date on which the articles of incorporation for a domestic corporation were filed, or on which a foreign corporation's certificate of authority was filed. Subsequent annual reports must be delivered to the secretary of state on, or prior to, the date on which the domestic or foreign corporation is required to pay its annual corporate license fee, and at such additional times as the corporation elects."

              On page 1, line 1 of the title, after "corporations;" strike the remainder of the title and insert "amending RCW 18.100.120, 50.04.165, 23B.14.300, and 23B.16.220; and adding a new section to chapter 23B.07 RCW."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative Ludwig moved that the House do concur in the Senate amendments to House Bill No. 1074 and pass the bill as amended by the Senate. The motion was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


              The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1074 as amended by the Senate.


              Representatives Ludwig and Padden spoke in favor of passage of the bill.


ROLL CALL


              The Clerk called the roll on the final passage of House Bill No. 1074 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

              Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

              Excused: Representatives Patterson and Reams - 2.


              House Bill No. 1074 as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 12, 1993


Mr. Speaker:

              The Senate has passed SUBSTITUTE HOUSE BILL NO. 1077, with the following amendment:


              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. (1) This section applies to all nonprobate assets, wherever situated, held at the time of entry by a superior court of this state of a decree of dissolution of marriage or a declaration of invalidity.

              (2)(a) If a marriage is dissolved or invalidated, a provision made prior to that event that relates to the payment or transfer at death of the decedent's interest in a nonprobate asset in favor of or granting an interest or power to the decedent's former spouse is revoked. A provision affected by this section must be interpreted, and the nonprobate asset affected passes, as if the former spouse failed to survive the decedent, having died at the time of entry of the decree of dissolution or declaration of invalidity.

              (b) This subsection does not apply if and to the extent that:

              (i) The instrument governing disposition of the nonprobate asset expressly provides otherwise;

              (ii) The decree of dissolution or declaration of invalidity requires that the decedent maintain a nonprobate asset for the benefit of a former spouse or children of the marriage, payable on the decedent's death either outright or in trust, and other nonprobate assets of the decedent fulfilling such a requirement for the benefit of the former spouse or children of the marriage do not exist at the decedent's death; or

              (iii) If not for this subsection, the decedent could not have effected the revocation by unilateral action because of the terms of the decree or declaration, or for any other reason, immediately after the entry of the decree of dissolution or declaration of invalidity.

              (3)(a) A payor or other third party in possession or control of a nonprobate asset at the time of the decedent's death is not liable for making a payment or transferring an interest in a nonprobate asset to a decedent's former spouse whose interest in the nonprobate asset is revoked under this section, or for taking another action in reliance on the validity of the instrument governing disposition of the nonprobate asset, before the payor or other third party has actual knowledge of the dissolution or other invalidation of marriage. A payor or other third party is liable for a payment or transfer made or other action taken after the payor or other third party has actual knowledge of a revocation under this section.

              (b) This section does not require a payor or other third party to pay or transfer a nonprobate asset to a beneficiary designated in a governing instrument affected by the dissolution or other invalidation of marriage, or to another person claiming an interest in the nonprobate asset, if the payor or third party has actual knowledge of the existence of a dispute between the former spouse and the beneficiaries or other persons concerning rights of ownership of the nonprobate asset as a result of the application of this section among the former spouse and the beneficiaries or among other persons, or if the payor or third party is otherwise uncertain as to who is entitled to the nonprobate asset under this section. In such a case, the payor or third party may, without liability, notify in writing all beneficiaries or other persons claiming an interest in the nonprobate asset of either the existence of the dispute or its uncertainty as to who is entitled to payment or transfer of the nonprobate asset. The payor or third party may also, without liability, refuse to pay or transfer a nonprobate asset in such a circumstance to a beneficiary or other person claiming an interest until the time that either:

              (i) All beneficiaries and other interested persons claiming an interest have consented in writing to the payment or transfer; or

              (ii) The payment or transfer is authorized or directed by a court of proper jurisdiction.

              (c) Notwithstanding subsections (1) and (2) of this section and (a) and (b) of this subsection, a payor or other third party having actual knowledge of the existence of a dispute between beneficiaries or other persons concerning rights to a nonprobate asset as a result of the application of this section may condition the payment or transfer of the nonprobate asset on execution, in a form and with security acceptable to the payor or other third party, of a bond in an amount that is double the fair market value of the nonprobate asset at the time of the decedent's death or the amount of an adverse claim, whichever is the lesser, or of a similar instrument to provide security to the payor or other third party, indemnifying the payor or other third party for any liability, loss, damage, costs, and expenses for and on account of payment or transfer of the nonprobate asset.

              (d) As used in this subsection, "actual knowledge" means, for a payor or other third party in possession or control of the nonprobate asset at or following the decedent's death, written notice to the payor or other third party, or to an officer of a payor or third party in the course of his or her employment, received after the decedent's death and within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge. The notice must identify the nonprobate asset with reasonable specificity. The notice also must be sufficient to inform the payor or other third party of the revocation of the provisions in favor of the decedent's spouse by reason of the dissolution or invalidation of marriage, or to inform the payor or third party of a dispute concerning rights to a nonprobate asset as a result of the application of this section. Receipt of the notice for a period of more than thirty days is presumed to be received within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge, but receipt of the notice for a period of less than five business days is presumed not to be a sufficient time for these purposes. These presumptions may be rebutted only by clear and convincing evidence to the contrary.

              (4)(a) A person who purchases a nonprobate asset from a former spouse or other person, for value and without actual knowledge, or who receives from a former spouse or other person payment or transfer of a nonprobate asset without actual knowledge and in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this section to return the payment, property, or benefit nor is liable under this section for the amount of the payment or the value of the nonprobate asset. However, a former spouse or other person who, with actual knowledge, not for value, or not in satisfaction of a legally enforceable obligation, receives payment or transfer of a nonprobate asset to which that person is not entitled under this section is obligated to return the payment or nonprobate asset, or is personally liable for the amount of the payment or value of the nonprobate asset, to the person who is entitled to it under this section.

              (b) As used in this subsection, "actual knowledge" means, for a person described in (a) of this subsection who purchases or receives a nonprobate asset from a former spouse or other person, personal knowledge or possession of documents relating to the revocation upon dissolution or invalidation of marriage of provisions relating to the payment or transfer at the decedent's death of the nonprobate asset, received within a time after the decedent's death and before the purchase or receipt that is sufficient to afford the person purchasing or receiving the nonprobate asset reasonable opportunity to act upon the knowledge. Receipt of the personal knowledge or possession of the documents for a period of more than thirty days is presumed to be received within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge, but receipt of the notice for a period of less than five business days is presumed not to be a sufficient time for these purposes. These presumptions may be rebutted only by clear and convincing evidence to the contrary.

              (5) As used in this section, "nonprobate asset" means those rights and interests of a person having beneficial ownership of an asset that pass on the person's death under only the following written instruments or arrangements other than the decedent's will:

              (a) A payable-on-death provision of a life insurance policy, employee benefit plan, annuity or similar contract, or individual retirement account;

              (b) A payable-on-death, trust, or joint with right of survivorship bank account;

              (c) A trust of which the person is a grantor and that becomes effective or irrevocable only upon the person's death; or

              (d) Transfer on death beneficiary designations of a transfer on death or pay on death security, if such designations are authorized under Washington law.


              NEW SECTION. Sec. 2. Section 1 of this act shall constitute a new chapter in Title 11 RCW.


              Sec. 3. RCW 41.26.510 and 1991 c 365 s 31 are each amended to read as follows:

              (1) Except as provided in section 1 of this act, if a member or a vested member who has not completed at least ten years of service dies, the amount of the accumulated contributions standing to such member's credit in the retirement system at the time of such member's death, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid to such person or persons having an insurable interest in such member's life as the member shall have nominated by written designation duly executed and filed with the department. If there be no such designated person or persons still living at the time of the member's death, such member's accumulated contributions standing to such member's credit in the retirement system, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving spouse, then to such member's legal representatives.

              (2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the surviving spouse or eligible child or children shall elect to receive either:

              (a) A retirement allowance computed as provided for in RCW 41.26.430(1), actuarially reduced by the amount of any lump sum benefit identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670 and actuarially adjusted to reflect a joint and one hundred percent survivor option under RCW 41.26.460 and if the member was not eligible for normal retirement at the date of death a further reduction as described in RCW 41.26.430(2); if a surviving spouse who is receiving a retirement allowance dies leaving a child or children of the member under the age of majority, then such child or children shall continue to receive an allowance in an amount equal to that which was being received by the surviving spouse, share and share alike, until such child or children reach the age of majority; if there is no surviving spouse eligible to receive an allowance at the time of the member's death, such member's child or children under the age of majority shall receive an allowance share and share alike calculated as herein provided making the assumption that the ages of the spouse and member were equal at the time of the member's death; or

              (b) The member's accumulated contributions, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670.

              (3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies after October 1, 1977, and is not survived by a spouse or an eligible child, then the accumulated contributions standing to the member's credit, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid:

              (a) To a person or persons, having an insurable interest in the member's life, as the member shall have nominated by written designation duly executed and filed with the department; or

              (b) If there is no such designated person or persons still living at the time of the member's death, then to the member's legal representatives.


              Sec. 4. RCW 41.32.805 and 1991 c 365 s 30 are each amended to read as follows:

              (1) Except as provided in section 1 of this act, if a member or a vested member who has not completed at least ten years of service dies, the amount of the accumulated contributions standing to such member's credit in the retirement system, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, at the time of such member's death shall be paid to such person or persons having an insurable interest in such member's life as the member shall have nominated by written designation duly executed and filed with the department. If there be no such designated person or persons still living at the time of the member's death, such member's accumulated contributions standing to such member's credit in the retirement system, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving spouse, then to such member's legal representatives.

              (2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the surviving spouse or eligible children shall elect to receive either:

              (a) A retirement allowance computed as provided for in RCW 41.32.765(1), actuarially reduced by the amount of any lump sum benefit identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670 and actuarially adjusted to reflect a joint and one hundred percent survivor option under RCW 41.32.785 and if the member was not eligible for normal retirement at the date of death a further reduction as described in RCW 41.32.765(2); if a surviving spouse who is receiving a retirement allowance dies leaving a child or children of the member under the age of majority, then such child or children shall continue to receive an allowance in an amount equal to that which was being received by the surviving spouse, share and share alike, until such child or children reach the age of majority; if there is no surviving spouse eligible to receive an allowance at the time of the member's death, such member's child or children under the age of majority shall receive an allowance share and share alike calculated as herein provided making the assumption that the ages of the spouse and member were equal at the time of the member's death; or

              (b) The member's accumulated contributions, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670.

              (3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies after October 1, 1977, and is not survived by a spouse or an eligible child, then the accumulated contributions standing to the member's credit, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid:

              (a) To a person or persons, having an insurable interest in the member's life, as the member shall have nominated by written designation duly executed and filed with the department; or

              (b) If there is no such designated person or persons still living at the time of the member's death, then to the member's legal representatives.


              Sec. 5. RCW 41.40.700 and 1991 c 365 s 28 are each amended to read as follows:

              (1) Except as provided in section 1 of this act, if a member or a vested member who has not completed at least ten years of service dies, the amount of the accumulated contributions standing to such member's credit in the retirement system at the time of such member's death, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid to such person or persons having an insurable interest in such member's life as the member shall have nominated by written designation duly executed and filed with the department. If there be no such designated person or persons still living at the time of the member's death, such member's accumulated contributions standing to such member's credit in the retirement system, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving spouse, then to such member's legal representatives.

              (2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the surviving spouse or eligible child or children shall elect to receive either:

              (a) A retirement allowance computed as provided for in RCW 41.40.630(1), actuarially reduced by the amount of any lump sum benefit identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670 and actuarially adjusted to reflect a joint and one hundred percent survivor option under RCW 41.40.660 and if the member was not eligible for normal retirement at the date of death a further reduction as described in RCW 41.40.630(2); if a surviving spouse who is receiving a retirement allowance dies leaving a child or children of the member under the age of majority, then such child or children shall continue to receive an allowance in an amount equal to that which was being received by the surviving spouse, share and share alike, until such child or children reach the age of majority; if there is no surviving spouse eligible to receive an allowance at the time of the member's death, such member's child or children under the age of majority shall receive an allowance share and share alike calculated as herein provided making the assumption that the ages of the spouse and member were equal at the time of the member's death; or

              (b) The member's accumulated contributions, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670.

              (3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies after October 1, 1977, and is not survived by a spouse or an eligible child, then the accumulated contributions standing to the member's credit, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid:

              (a) To a person or persons, having an insurable interest in the member's life, as the member shall have nominated by written designation duly executed and filed with the department; or

              (b) If there is no such designated person or persons still living at the time of the member's death, then to the member's legal representatives."

              On page 1, line 2 of the title, after "marriage;" strike the remainder of the title and insert "amending RCW 41.26.510, 41.32.805, and 41.40.700; and adding a new chapter to Title 11 RCW."

and the same are herewith transmitted.

Marty Brown, Secretary


MOTION


              Representative Ludwig moved that the House do concur in the Senate amendments to Substitute House Bill No. 1077 and pass the bill as amended by the Senate. The motion was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


              The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1077 as amended by the Senate.


              Representatives Ludwig and Padden spoke in favor of passage of the bill.


ROLL CALL


              The Clerk called the roll on the final passage of Substitute House Bill No. 1077 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

              Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

              Excused: Representatives Patterson and Reams - 2.


              Substitute House Bill No. 1077, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 6, 1993


Mr. Speaker:

              The Senate has passed HOUSE BILL NO. 1078 with the following amendment:


              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 11.62.010 and 1988 c 64 s 25 and 1988 c 29 s 2 are each reenacted and amended to read as follows:

              (1) At any time after forty days from the date of a decedent's death, any person who is indebted to or who has possession of any personal property belonging to the decedent or to the decedent and his or her surviving spouse as a community, which debt or personal property is an asset which is subject to probate, shall pay such indebtedness or deliver such personal property, or so much of either as is claimed, to a person claiming to be a successor of the decedent upon receipt of proof of death and of an affidavit made by said person which meets the requirements of subsection (2) of this section.

              (2) An affidavit which is to be made pursuant to this section shall state:

              (a) The claiming successor's name and address, and that the claiming successor is a "successor" as defined in RCW 11.62.005;

              (b) That the decedent was a resident of the state of Washington on the date of his death;

              (c) That the value of the decedent's entire estate subject to probate, not including the surviving spouse's community property interest in any assets which are subject to probate in the decedent's estate, wherever located, less liens and encumbrances, does not exceed ((the amount specified in RCW 6.13.030)) sixty thousand dollars;

              (d) That forty days have elapsed since the death of the decedent;

              (e) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;

              (f) That all debts of the decedent including funeral and burial expenses have been paid or provided for;

              (g) A description of the personal property and the portion thereof claimed, together with a statement that such personal property is subject to probate;

              (h) That the claiming successor has given written notice, either by personal service or by mail, identifying his or her claim, and describing the property claimed, to all other successors of the decedent, and that at least ten days have elapsed since the service or mailing of such notice; and

              (i) That the claiming successor is either personally entitled to full payment or delivery of the property claimed or is entitled to full payment or delivery thereof on the behalf and with the written authority of all other successors who have an interest therein.

              (3) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to be the successor with respect to such security upon the presentation of proof of death and of an affidavit made by such person which meets the requirements of subsection (2) of this section. Any governmental agency required to issue certificates of ownership or of license registration to personal property shall issue a new certificate of ownership or of license registration to a person claiming to be a successor of the decedent upon receipt of proof of death and of an affidavit made by such person which meets the requirements of subsection (2) of this section.

              (4) No release from any Washington state or local taxing authority may be required before any assets or debts are paid or delivered to a successor of a decedent as required under this section.


              NEW SECTION. Sec. 2. (1) An otherwise effective written instrument of transfer may not be deemed testamentary solely because of a provision for a nonprobate transfer at death in the instrument.

              (2) "Provision for a nonprobate transfer at death" as used in subsection (1) of this section includes, but is not limited to, a written provision that: 

              (a) Money or another benefit up to that time due to, controlled, or owned by a decedent before death must be paid after the decedent's death to a person whom the decedent designates either in the instrument or a separate writing, including a will, executed at any time;

              (b) Money or another benefit due or to become due under the instrument ceases to be payable in the event of the death of the promisee or the promisor before payment or demand; or

              (c) Property, controlled by or owned by the decedent before death, that is the subject of the instrument passes to a person the decedent designates either in the instrument or in a separate writing, including a will, executed at any time.

              (3) "Otherwise effective written instrument of transfer" as used in subsection (1) of this section means: An insurance policy; a contract of employment; a bond; a mortgage; a promissory note; a certified or uncertified security; an account agreement; a compensation plan; a pension plan; an individual retirement plan; an employee benefit plan; a joint tenancy; a community property agreement; a trust; a conveyance; a deed of gift; a contract; or another written instrument of a similar nature that would be effective if it did not contain provision for a nonprobate transfer at death.

              (4) This section only eliminates a requirement that instruments of transfer comply with formalities for executing wills under chapter 11.12 RCW. This section does not make a written instrument effective as a contract, gift, conveyance, deed, or trust that would not otherwise be effective as such for reasons other than failure to comply with chapter 11.12 RCW.

              (5) This section does not limit the rights of a creditor under other laws of this state.


              NEW SECTION. Sec. 3. A provision in a lease of a safety deposit repository to the effect that two or more persons have access to the repository, or that purports to create a joint tenancy in the repository or in the contents of the repository, or that purports to vest ownership of the contents of the repository in the surviving lessee, is ineffective to create joint ownership of the contents of the repository or to transfer ownership at death of one of the lessees to the survivor. Ownership of the contents of the repository and devolution of title to those contents is determined according to rules of law without regard to the lease provisions.


              NEW SECTION. Sec. 4. RCW 11.02.090 and 1974 ex.s. c 117 s 54 are each repealed.


              NEW SECTION. Sec. 5. Sections 2 and 3 of this act are each added to chapter 11.02 RCW."         On page 1, line 2 of the title, after "death;" strike the remainder of the title and insert "amending RCW 11.62.010; adding new sections to chapter 11.02 RCW; and repealing RCW 11.02.090."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary


MOTION


              Representative Ludwig moved that the House do concur in the Senate amendments to House Bill No. 1078 and pass the bill as amended by the Senate.


              Representative Padden spoke in favor of the motion and it was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


              The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1078 as amended by the Senate.


              Representative Ludwig spoke in favor of passage of the bill.


ROLL CALL


              The Clerk called the roll on the final passage of House Bill No. 1078 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.

              Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

              Voting nay: Representative Wang - 1.

              Excused: Representatives Patterson and Reams - 2.


              House Bill No. 1078, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 13, 1993


Mr. Speaker:

              The Senate has passed ENGROSSED HOUSE BILL NO. 1081 with the following amendment:


              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 41.56.030 and 1992 c 36 s 2 and 1991 c 363 s 119 are each reenacted and amended to read as follows:

              As used in this chapter:

              (1) "Public employer" means any officer, board, commission, council, or other person or body acting on behalf of any public body governed by this chapter as designated by RCW 41.56.020, or any subdivision of such public body. For the purposes of this section, the public employer of district court or superior court employees for wage-related matters is the respective county legislative authority, or person or body acting on behalf of the legislative authority, and the public employer for nonwage-related matters is the judge or judge's designee of the respective district court or superior court.

              (2) "Public employee" means any employee of a public employer except any person (a) elected by popular vote, or (b) appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to the executive head or body of the applicable bargaining unit, or any person elected by popular vote or appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (d) who is a personal assistant to a district court judge, superior court judge, or court commissioner. For the purpose of (d) of this subsection, no more than one assistant for each judge or commissioner may be excluded from a bargaining unit.

              (3) "Bargaining representative" means any lawful organization which has as one of its primary purposes the representation of employees in their employment relations with employers.

              (4) "Collective bargaining" means the performance of the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours and working conditions, which may be peculiar to an appropriate bargaining unit of such public employer, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter. In the case of the Washington state patrol, "collective bargaining" shall not include wages and wage-related matters.

              (5) "Commission" means the public employment relations commission.

              (6) "Executive director" means the executive director of the commission.

              (7)(a) Until July 1, 1995, "uniformed personnel" means (((a))): (i) Law enforcement officers as defined in RCW 41.26.030 ((as now or hereafter amended,)) of cities with a population of fifteen thousand or more or law enforcement officers employed by the governing body of any county with a population of seventy thousand or more((, or (b))); (ii) fire fighters as that term is defined in RCW 41.26.030((, as now or hereafter amended)); (iii) security forces established under RCW 43.52.520; (iv) employees of a port district in a county with a population of one million or more whose duties include crash fire rescue or other fire fighting duties; (v) employees of fire departments of public employers who dispatch exclusively either fire or emergency medical services, or both; or (vi) employees in the several classes of advanced life support technicians, as defined in RCW 18.71.200, who are employed by a public employer.

              (b) Beginning on July 1, 1995, "uniformed personnel" means: (i) Law enforcement officers as defined in RCW 41.26.030 employed by the governing body of any city or town with a population of seven thousand five hundred or more and law enforcement officers employed by the governing body of any county with a population of thirty-five thousand or more; (ii) general authority Washington peace officers as defined in RCW 10.93.020 employed by a port district in a county with a population of one million or more; (iii) security forces established under RCW 43.52.520; (iv) fire fighters as that term is defined in RCW 41.26.030; (v) employees of a port district in a county with a population of one million or more whose duties include crash fire rescue or other fire fighting duties; (vi) employees of fire departments of public employers who dispatch exclusively either fire or emergency medical services, or both; or (vii) employees in the several classes of advanced life support technicians, as defined in RCW 18.71.200, who are employed by a public employer.


              Sec. 2. RCW 41.56.460 and 1988 c 110 s 1 are each amended to read as follows:

              In making its determination, the panel shall be mindful of the legislative purpose enumerated in RCW 41.56.430 and as additional standards or guidelines to aid it in reaching a decision, it shall take into consideration the following factors:

              (a) The constitutional and statutory authority of the employer;

              (b) Stipulations of the parties;

              (c)(i) For employees listed in RCW 41.56.030(7)(a) ((and 41.56.495)) (i) and (iii), comparison of the wages, hours and conditions of employment of personnel involved in the proceedings with the wages, hours, and conditions of employment of like personnel of like employers of similar size on the west coast of the United States;

              (ii) For employees listed in RCW 41.56.030(7)(((b)))(a)(ii) and (iv) through (vi), comparison of the wages, hours, and conditions of employment of personnel involved in the proceedings with the wages, hours, and conditions of employment of like personnel of public fire departments of similar size on the west coast of the United States. However, when an adequate number of comparable employers exists within the state of Washington, other west coast employers shall not be considered;

              (d) The average consumer prices for goods and services, commonly known as the cost of living;

              (e) Changes in any of the foregoing circumstances during the pendency of the proceedings; and

              (f) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment.


              NEW SECTION. Sec. 3. A new section is added to chapter 41.56 RCW to read as follows:

              In making its determination, the panel shall be mindful of the legislative purpose enumerated in RCW 41.56.430 and, as additional standards or guidelines to aid it in reaching a decision, it shall take into consideration the following factors:

              (1) The constitutional and statutory authority of the employer;

              (2) Stipulations of the parties;

              (3)(a) For employees listed in RCW 41.56.030(7)(b)(i) through (iii), comparison of the wages, hours, and conditions of employment of personnel involved in the proceedings with the wages, hours, and conditions of employment of like personnel of like employers of similar size on the west coast of the United States;

              (b) For employees listed in RCW 41.56.030(7)(b)(iv) through (vii), comparison of the wages, hours, and conditions of employment of personnel involved in the proceedings with the wages, hours, and conditions of employment of like personnel of public fire departments of similar size on the west coast of the United States. However, when an adequate number of comparable employers exists within the state of Washington, other west coast employers may not be considered;

              (4) The average consumer prices for goods and services, commonly known as the cost of living;

              (5) Changes in any of the circumstances under subsection (1) through (4) of this section during the pendency of the proceedings; and

              (6) Such other factors, not confined to the factors under subsection (1) through (5) of this section, that are normally or traditionally taken into consideration in the determination of wages, hours, and conditions of employment. For those employees listed in RCW 41.56.030(7)(b)(i) who are employed by the governing body of a city or town with a population of less than fifteen thousand, or a county with a population of less than seventy thousand, consideration must also be given to regional differences in the cost of living.


              Sec. 4. RCW 41.56.123 and 1989 c 46 s 1 are each amended to read as follows:

              (1) After the termination date of a collective bargaining agreement, all of the terms and conditions specified in the collective bargaining agreement shall remain in effect until the effective date of a subsequent agreement, not to exceed one year from the termination date stated in the agreement. Thereafter, the employer may unilaterally implement according to law.

              (2) This section does not apply to provisions of a collective bargaining agreement which both parties agree to exclude from the provisions of subsection (1) of this section and to provisions within the collective bargaining agreement with separate and specific termination dates.

              (3) This section shall not apply to the following:

              (a) Bargaining units covered by RCW 41.56.430 et seq. for factfinding and interest arbitration;

              (b) Collective bargaining agreements authorized by chapter 53.18 RCW; or

              (c) ((Security forces established under RCW 43.52.520; or

              (d))) Collective bargaining agreements authorized by chapter 54.04 RCW.

              (4) This section shall not apply to collective bargaining agreements in effect or being bargained on July 23, 1989.


              NEW SECTION. Sec. 5. RCW 41.56.460 and 1988 c 110 s 1, 1987 c 521 s 2, 1983 c 287 s 4, 1979 ex.s. c 184 s 3, & 1973 c 131 s 5 are each repealed.


              NEW SECTION. Sec. 6. RCW 41.56.495 and 1988 c 110 s 3 & 1985 c 150 s 1 are each repealed.


              NEW SECTION. Sec. 7. (1) Sections 3 and 5 of this act shall take effect July 1, 1995.

              (2) Sections 1, 2, 4, and 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

              On page 1, line 1 of the title, after "bargaining;" strike the remainder of the title and insert "amending RCW 41.56.460 and 41.56.123; reenacting and amending RCW 41.56.030; adding a new section to chapter 41.56 RCW; repealing RCW 41.56.460 and 41.56.495; providing an effective date; and declaring an emergency."

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

MOTION


              Representative Heavey moved that the House do concur in the Senate amendments to Engrossed House Bill No. 1081 and pass the bill as amended by the Senate. The motion was carried.


FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED


              The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1081 as amended by the Senate.


              Representatives Heavey and Lisk spoke in favor of passage of the bill.


ROLL CALL


              The Clerk called the roll on the final passage of Engrossed House Bill No. 1081 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

              Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

              Excused: Representatives Patterson and Reams - 2.


              Engrossed House Bill No. 1081, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL


April 8, 1993


Mr. Speaker: